THIS BOOK
IS THE
PROPERTY OF THE
STATE OF
NORTH CAROLINA
oftbe
®mber2iitj> of iOortf) Carolina
^i}iii boofe fcoas; presienteb
Chatham County, N*0,
C345.1
N87
1909, Pub.
C.3
UNIVERSITY OF N.C. AT CHAPEL HILL
00035474316
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.
Farm No. A-369
PUBLIC LAWS AND RESOLUTIONS
STATE OF NORTH CAROLINA
PASSED BY THE
GENERAL ASSEMBLY
SESSION OF 1909.
BEGUN AND HELD IN THE CITY OF RALEIGH
WEDNESDAY, THE SIXTH DAY OF JANUARY. A. D. 1909.
PUBLISHED BY AUTHORITY.
RALEIGH:
E. M. UzzELL & Co., State Printers and Binders.
1909.
CONTENTS.
state Government iii
Supreme Court Justices iv
Superior Court Judges iv
Solicitors iv
General Assembly v
Commissioners of Affidavits x
Captions of the Public Lav7S xi
Captions of the Resolutions li
Constitution 1
Public Laws 35
Resolutions 1339
Index to the Public Laws 1371
Index to the Resolutions 1439
OFFICIAL REGISTER
FOR THE YEAR 1909.
STATE GOVEKNMENT.
EXECUTIVE DEPARTMENT.
William W. Kitchin Governor Person.
William C. Newland Lieutenant Governor Caldwell.
J. Bryan Grimes Secretary of State Pitt.
Benjamin F. Dixon State Auditor Cleveland.
Benjamin R. Lacy State Treasurer Wake.
Thomas W. Bickett Attorney-General Franklin.
James Y. Joyner Superintendent Public Instruction Guilford.
William A. Graham Commissioner of Agriculture Lincoln.
Mitchell L. Shipman Commissioner of Labor and Printing Henderson.
Joseph F. Armfield Adjutant General Iredell.
Alfred Williams Assistant Adjutant General Wake.
Miles O. Sherrill State Librarian Catawba.
James R. Young Insurance Commissioner Vance.
Alexander J. Feild Private Secretary to Governor Wake.
Miss Annie Travis Executive Clerk Halifax.
George W. Norwood Grant Clerk, Secretary of State Wake.
William S. Wilson Corporation Clerk, Secretary of State Caswell.
Miss Minnie M. Bagwell Clerk and Stenographer Wake.
Joseph E. Sawyer Clerk and Stenographer Wake.
Everhard H. Baker Chief Clerk to Auditor Franklin.
Baxter Durham Tax Clerk Wake.
Mrs. Fannie W. Smith Pension Clerk and Stenographer Wake.
W. F. Moody Chief Clerk to Treasurer Mecklenburg.
P. B.Fleming Teller Franklin.
Henry M. Reece Clerk of Institutions Wake.
Miss May F. Jones Clerk and Stenographer Buncombe.
G. L. Jones Law Clerk to Attorney-General Macon.
Miss Sarah Burkhead Clerk and Stenographer to Attorny-General-Columbus.
A. J. Barwick Chief Clerk to Supt. Public Instruction Lenoir.
C. H. Mebane Clerk of Loan Fund Catawba.
J. A. Bivins Superintendent of Teacher Training Stanly.
Miss Hattie Arrington Clerk and Stenographer Wake.
Miss Carrie E. Broughton Assistant Librarian Wake.
George B. Justice Assistant Commissioner Labor and Printing-Mecklenburg.
Miss Daisy Thompson Clerk and Stenographer Wake.
Robert B. Coit - Deputy Insurance Comr. and Actuary Wake.
Stacy W. Wade Deputy Insurance Commissioner Carteret.
William A. Scott Deputy (Investigation Fires) Guilford.
Chief Clerk
Miss Ida Montgomery Clerk and Stenographer Warren.
A. H. Yearby License Clerk Wake.
f^ Miss Mary V. Marsh Bookkeeper Sampson.
^^ C. C. Cherry Supt. Public Buildings and Grounds Edgecombe.
U* L. H. Lumsden State Standard Keeper Wake.
fO E.M. Uzzell State Printer Wake.
iv JuDiciAi. Officers.
CORPORATION COMMISSION.
Franklin McNeill Chairman New Hanover.
Samuel L. Rogers Commissioner Macon.
Benjamin F. Aycock Commissioner Wayne.
J. K. Doughton Bank Examiner Alleghany.
W. L. Williams Assistant Bank Examiner Cumberland.
Henry C. Brown Chief Clerk Surry.
Stedman Thompson Clerk Wake.
Miss E. G. Riddick Stenographer Wilson.
JUDICIAL DEPARTMENT.
SUPREME COURT.
Walter Clark Chief Justice Raleigh Wake.
Henry G. Connor Associate Justice Wilson Wilson.
Piatt D. Walker Associate Justice Charlotte Mecklenburg.
George H. Brown Associate Justice Washington Beaufort.
William A. Hoke Associate Justice Lincolnton Lincoln.
Thomas S. Kenan Clerk Raleigh Wake.
J. L. Seawell Office Clerk Raleigh Wake.
Robert H. Bradley Marshal and Librarian Raleigh Wake.
Robert C. Strong Reporter Raleigh Wake.
SUPERIOR COURT JUDGES.
George W. Ward Elizabeth City Pasquotank.
Robert B. Peebles Jackson Northampton.
Owen H. Guion New Bern Craven.
Charles M. Cooke Louisburg Franklin.
Oliver H. Allen Kinston Lenoir.
William R. Allen Goldsboro Wayne.
Chatham Calhoun Lyon EHzabethtown Bladen.
W. J. Adams Carthage Moore.
J. Crawford Biggs Durham Durham.
Benjamin F. Long Statesville Iredell.
ErastusB. Jones Winston Forsyth.
James L.Webb Shelby Cleveland.
W. B. Council Boone Watauga.
M. H. Justice Rutherfordton Rutherford.
J. S. Adams Asheville Buncombe.
Garland S. Ferguson Waynesville Haywood.
SOLICITORS.
Hallett S. Ward Washington Beaufort.
John H. Kerr Warrenton Warren.
Charles L. Abernethy Beaufort Carteret.
Charles C. Daniels Wilson Wilson.
Rodolph Duffy Catherine Lake New Hanover.
Armistead Jones Raleigh Wake.
N. A. Sinclair Fayetteville Cumberland.
L. D. Robinson Wadesboro Anson.
Jones Fuller Durham Durham.
William C. Hammer Asheboro Randolph.
S. P. Graves Mount Airy Surry.
Heriot Clarkson Charlotte Mecklenburg.
Frank A. Linney Boone' Watauga.
J. F. Spainhour Morganton Burke.
Mark W. Brown Asheville Buncombe.
Thad. D. Bryson Bryson City Swain.
MEMBERS OF THE GENERAL ASSEMBLY.
Convenes Biennially in the City of Raleigh on Wednesday after the First
Monday in January.
SENATORS.
Hon. W. C. NEWLAND, Lieutenant Governor, President, Lenoir.
District.
9
10
11
12
13
14
15
15
16
17
18
19
19
20
21
22
22
23
24
24
25
25
26
27
28
29
30
31
32
33
33
34
34
35
36
37
38
39
Name of Senator.
E. R. Johnson
A. P. Godwin
V. B. Martin
F. P. Latham
B.. S. Gay
E. L. Travis
L. V. Bassett
A. L. Blow
Ben. T. Holden
J. D. Dawes
Y. T. Ormond-— ,
J. W. Burton
J. L. Barham
Edmund A. Hawes, Jr
B. G. Empie
O. L. Clark
D. P. Shaw
Q. K. Nimocks
J. O. Matthews
W. G. Turner
W. B. Jones
H. T. Powell
J. A. Long
J. L. Scott. Jr.
J. S. Manning
W. B. Wray
J. A. Barringer
A. S. Dockery
Jonathan Peele
J. A. Spence
J. A. Lockhart
G. Foster Hankins
H. N. Pharr
Paul B. Means
Whitehead Kluttz
H. R. Starbuck
John M. Reynolds, R. F. D. No. 3
William M. Lee
Z. V. Long
J. D. Elliott
W. T. Love
McD. Ray
John C. Mills
J. C. Sherrill
Samuel A. McCall "
R. L. Doughton
J. F. Tilson
J. J. Britt
A. M. Fry
W. J. West
Post Office.
County.
Elizabeth City Currituck.
Gatesville ' Gates.
Williamston 1 Martin.
Washington
Jackson
Halifax
Rocky Mount
Greenville \ Pitt
Louisburg , Franklin.
Beaufort.
Northampton.
Halifax.
Edgecombe.
Elm City
Kinston
Jacksonville -
Goldsboro
Atkinson
Wilmington -
Clarkton
Lumberton -.
Fayetteville •
Ingold
Dunn
Raleigh
Henderson-
Wilson.
Lenoir.
Onslow.
Wayne.
Pender.
New Hanover.
Bladen.
Robeson.
Cumberland.
Sampson.
Harnett.
Wake.
Vance.
Roxboro 1 Person.
Graham «- Alamance.
Durham Durham.
Reidsville Rockingham.
Greensboro Guilford.
Rockingham Richmond.
Laurinburg Scotland.
Asheboro Randolph.
Wadesboro Anson.
Lexington Davidson.
Charlotte Mecklenburg.
Concord Cabarrus.
Salisbury Rowan.
Winston-Salem Forsyth.
Madison Stokes.
Summit Wilkes.
Statesville Iredell.
Hickory Catawba.
Gastonia Gaston.
Hendersonville Henderson.
Rutherfordton Rutherford.
Lenoir Caldwell.
Gibbs Burke.
Laurel Springs Alleghany.
Marshall. R. F. D. No. 2~ Madison.
Asheville Buncombe.
Bryson City Swain.
Franklin \ Macon.
Members of the General Assembly,
SENATE OFFICERS.
Name.
Position.
Address,
Morehead City.
Assistant to Principal Clerk
R. N. Staley
Assistant Doorkeeper
W E Hooks --
Ayden.
Members of the Geneeal Assembly.
Vll
REPRESENTATIVES.
Hon. a. W. GRAHAM, Speaker, Oxford.
Name.
Post Office.
J. A. Pickett
W. C. Linney
R. A. Dough ton
T. C. Coxe
T. C. Bowie
Frank B. Hooker
John F. Latham
A. S. Rascoe
G. D. Perry
C. Ed. Taylor
Zeb. V. Weaver
R. J. Gaston
T. L. Sig-mon
H. S. Williams
M. N. Harshaw
J. E. Cooke
C. S. Wallace
A. E. Henderson
J. Yates Killian
R. H. Hayee
T. C. McDonald
W. S. Privott
Everette Crawford —
Drury S. Lovelace --
J. G. Butler
E. M. Green
J. H. Currie
John Underwood
Pierce Hampton
Charles T. Williams ■
T. Earl McCrary
A. T. Grant. Jr.
J. A. Gavin
Y. E. Smith
Hugh B. Bryan
M. B. Pitt
S. E. Hall
P. H. Stimpson
R. P. Floyd
D. K. Davenport —
N. B. Kendrick
Lycureus Hofler
W. P. Rose
A. W. Graham
J. A. Albritton
Thomas J. Murphy -
J. R. Gordon
A. P. Kitchin
H. S. Harrison
N. A. Smith
W. T. Lee
J. S. Rhodes
David C. Barnes
J. W. McWilliams --
Z. V. Turlington —
M. D. Tomlin
R. F. Jarrett
J. W. Myatt
J. W. Barnes
John C. Parker
E. R. Wooten
H. D. Warlick
T. B. Higdon
A. J. McDevitt
Harry W. Stubbs —
B. B. Price
W. G. McLaughlin
W. A. Grier
W. C. Dowd
S. J. Turner
Burlington
Hiddenite
Sparta
Wadesboro
Jefferson
Idalia
Washington
Windsor
Elizabethtown
Southport
Asheville
Hominy
Morganton
Concord
Lenoir
Indiantown
Morehead City
Yanceyville
Newton
Pittsboro
Murphy
Edenton
Hayesville
Shelby
Pireway
New Bern
Fayetteville
Fayetteville
Waterlily ;
Avon
Lexington
Mocksville
Kenansville
East Durham
Battleboro
Macclesfield
Winston-Salem
Winston-Salem
Louisburg
Mount Holly
Cherryville
Gatesville
Southworth
Oxford
Snow Hill
Greensboro
Jamestown
Scotland Neck
Enfield
Kipling
Waynesville
Fletchers
Murf reesboro
Ocracoke
Mooresville
Statesville
Dillsboro
Clayton, R. F. D. 1
Clayton
Trenton
Kinston
Lincolnton
Franklin
Walnut
Williamston
Marion
Charlotte
Charlotte
Charlotte
Vale or Valley
County.
Alamance.
Alexandei".
Alleghany.
Anson.
Ashe.
Beaufort.
Beaufort.
Bertie.
Bladen.
Brunswick.
Buncombe.
Buncombe.
Burke.
Cabarrus.
Caldwell.
Camden.
Carteret.
Caswell.
Catawba.
Chatham.
Cherokee.
Chowan.
Clay.
Cleveland.
Columbus.
Craven.
Cumberland.
Cumberland.
Currituck.
Dare.
Davidson.
Davie.
Duplin.
Durham.
Edgecombe.
Edgecombe.
Forsyth.
Forsyth.
Franklin.
Gaston.
Gaston.
Gates.
Graham.
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.
Mitchell.
Vlll
Members of tpie General Assembly.
REPRESENTATIVES— Continued.
Post Office.
County.
Robert T. Pool — -
D. A. McDonald--.
James C. Bras well
George L. Morton
M. Bolton
E. M. Koonce
T. E. Sparrow
J. B. Martin
S. N. Morgan
Joseph T. Foy
Ernest L. Reed —
F. O. Carver
R. R. Gotten
B. T. Cox
J. B. Livingston--
Thomas J. Redding
Whitakers-
Wilmington
Rich Square
Jacksonville
Hillsboro
Arapahoe
Elizabeth City
Scott's Hill
Hertford
Roxboro
Bruce
Winterville
Tryon
Randleman, R. F. D. 3-
J. Rom. Smith 1 Liberty
M. C. Freeman
W. J. McLeod
Marshall Shepherd
Geo. T. Davis
W.I. Witty
John M. .Julian
John W. Carlton -
L. C. Dally
James T. Kennedy
B. H. Grumpier - —
T. C. Everett
J. I. Campbell
James M. Fagg
R. L. Haymore
J. U. Gibbs 1 Whittier-
George W. Wilson
Mark Majette
R. W. Lemmond
Robert N. McNeely
B. H. Perry
A. L. Cox
J. W. Hinsdale, Jr
E. T. Scarboro
T. O. Rodwell
C. W. Snell
Smith Hageman
J. E. Kelley
J. M. Mitchell
T. N. Hayes
Abner Caudill
George W. Connor
F. W. Hanes
D. M. Buck
Hamlet
Red Springs
Alma
Reidsville, R. F. D
Summerfield, R. F. D.-
Salisbury
Salisbury
Ellenboro
Moltonville
Clinton
Laurinburg
Norwood
Redshoals
Mt. Airy-
Troy Montgomery.
Carthage Moore.
Nash.
New Hanover.
Northampton.
Onslow.
Orange.
Pamlico.
Pasquotank.
Pender.
Perquimans.
Person.
Pitt.
Pitt.
Polk.
Randolph.
Randolph.
Richmond.
Robeson.
Robeson.
Rockingham.
Rockingham.
Rowan.
Rowan.
Rutherford.
Sampson.
Sampson.
Scotland.
Stanly.
Stokes.
Surry.
Swain.
Penrose Transylvania.
Columbia Tyrrell.
Monroe Union.
Monroe Union.
Henderson Vance.
Raleigh Wake.
Raleigh Wake.
Eagle Rock Wake.
Warrenton Warren.
Mackeys Ferry Washington.
Vilas, R. F. D. 1 Watauga.
Mount Olive Wayne.
Goldsboro Wayne.
Purlear Wilkes.
Hays Wilkes.
Wilson Wilson.
Yadkinville Yadkm.
Bald Mountain Yancey.
Membees of the Ge^^ekal Assembly.
HOUSE OFFICERS.
Name.
Post Office.
Position.
T G Cobb
Principal Clerk.
Assistant to Principal Clerk.
Assistant to Principal Clerk.
Assistant to Principal Clerk.
Assistant to Principal Clerk.
Assistant to Principal Clerk.
Reading- Clerk.
Doorkeeper.
Assistant Doorkeeper.
Engrossing Clerk.
Aulander
W. N. H Smith -
North Wilkesboro —
R M. Phillips - - - -
G L Kilpatrick-
Scotland Neck
M. D. Kinsland - - -
ENROLLING DEPARTMENT.
Name.
Position.
Post Office.
E. B. Norvell- - - - -
Chief Clerk
Murphy.
Raleigh.
Danville, Va., R. F. D. 5.
Miss Emily P. Taylor-- -- - - -
R. T. Wilson- . - -
Assistant Clerk
List of Commissioxees of Affidavits.
COMMISSIONJ]RS OF AFFIDAVITS FOR NORTH CAROLINA
RESIDENT IN OTHER STATES.
Name.
Address.
Expiration of
Term.
Bagley, E. G
Braman, Ella F
Braman, Jos. B
Brinkley, Harry A
Burnett, Harry E
Cassell. Norman
Corey, Edwin F
Corey, Geo. H
Elliott, Gilmer T
Fisher, Abraham H
Gilliam, Robert
Hesse, Henry
Hosier, J. Walter
Hunt, Thomas J.
Hendry, J. Burke
Horne, Pearce
Jordan, W. P., Jr
Leonard, Frederick M. —
Lett, William F
McCarthy, Charles E. A. -
Mitchell, John E
Manly, Georg-e W
Mountcastle, G. B.
Noell, Walter C
Shannonhouse, William T.
Simmonds, M. H
Tener, Kinley J
Williams, W. L
Worsfold. T. Cato
Way, L. B.
Wurts, John S
Winston, James Horner —
Danville, Va
120 Broadway, New York City
120 Broadway, New York City
Portsmouth, Va.
228 S. 4th St., Philadelphia, Pa
Portsmouth, Va.
56 Wall St., New York City
56 Wall St., New York City
Norfolk, Va.
18 E. Lexington St., Baltimore, Md
Petersburg, Va.
34 Nassau St., New York City
Suffolk, Va
623 Walnut St., Philadelphia, Pa
7 New Square, London, Eng
1300 Pennsylvania Ave., Washington, D. C
Norfolk, Va
119 S. 4th St., Philadelphia, Pa
335 Broadway, New York City
30 Church St., New York City
Washington, D. C.
100 E. Lexington St., Baltimore, Md
Richmond, Va.
Danville, Va.
Norfolk, Va.
Norfolk, Va.
608 Chestnut St., Philadelphia, Pa.
Atlantic Trust Building, Norfolk, Va.
9 Staple Inn, London, Eng
Norfolk, Va
Philadelphia, Pa.
Norfolk, Va.
March
April
May
May
February
April
October
November
December
November
May
February
December
December
May
March
November
May
March
June
March
October
April
February
September
December
April
September
July
June
July
September
13, 1910
9, 1910
30, 1909
5, 1910
7, 1910
29, 1910
15, 1909
11, 1909
14, 1909
30, 1910
21, 1909
3, 1910
7, 1910
9, 1909
10, 1909
3, 1910
19, 1910
9, 1909
22, 1911
13, 1910
16, 1910
21, 1910
22, 1910
23, 1911
21, 1909
11, 1910
10, 1911
28, 1910
6, 1910
26. 1909
25, 1910
26, 1910
CAPTIONS
OF THE
PUBLIC LA^VS,
SESSION 1909.
CHAP. PAGE.
1. An act to amend section 1253 of the Revisal, relating to jury tax in
Pitt County 37
2. An act to establisli a tollgate on Mulberry Gap Road 37
3. An act to amend section 1 of chapter 42 of the Public Laws of the
extra session of 1908, the same being "An act for holding the
courts in Caldwell County" 39
4. An act to appoint G. N. Arrington, E. S. Morgan and J. W. Thomison
justices of the peace for Grapevine Township, No. 14, in Madison
County 40
5. An act to appoint justices of the peace for Rowan County 40
6. An act to allow the Board of Commissioners of Caldwell County to
pay for making court dockets for judge and bar 41
7. An act for the relief of Thomas N. Hayes, member-elect to the House
of Representatives from Wilkes County 41
8. An act to amend section 2798 of the Revisal of 1905, relative to the
compensation of jurors in McDowell Comity 42
9. An act to amend section 2798 of the Revisal of 1905, relative to the
payment of jurors in Iredell County 42
10. An act to authorize the Board of Commissioners of Moore County
to issue bonds to pay the indebtedness of Carthage Township for
the working and maintenance of the public roads of Carthage
Township 43
11. An act to amend chapter 29 of Public Laws of the State of North
Carolina, extra session, 1908, relating to the public schools of
Raleigh Township 45
12. An act to amend chapter 3.38 of the Public Laws of 1905 46
13. An act to prohibit the killing of squirrels in Chowan County 4G
14. An act relating to surveyors' fees when giving testimony 47
15. An act to amend section 1207 of the Revisal of 1905, relative to dis-
solution of a corporation 47
IG. An act to appoint W. L. Delap, T. A. Gobble and -J. S. Ilege justices
of the peace of Reedy Creek Township, Davidson County 48
17. An act repealing chapter 849. Public Laws of 1907. relating to Mel-
ville and Haw River Township line, in Alamance County 48
xii Captions of the Public Laws.
CHAP. PAGE.
18. An act to amend subsection 15 of section 1318, Volume I. Revisal of
1905 of North Carolina, relating to the powers and duties of county
commissioners 49
19. An act to repeal section 5, chapter 7S4 of the Public Laws of 1903. . . 49
20. An act to regulate hunting in Anson County 49
21. An act to repeal chapter 678 of the Public Laws of 1907 50
22. An act to authorize the Clerk of the Superior Court of Northampton
County to be absent from his office on certain Mondays 51
23. An act to amend section 2776 of the Revisal of 1905, relative to fees
for registering short-form mortgages, and to re-enact chapter 17
of the Public Laws of North Carolina, session of 1899, in so far as
it affected Wayne County 51
24. An act to fix boundary lines of special school-tax districts in Ster-
ling's Township, Robeson County 52
25. An act to repeal chapter 202 of the Public Laws of 1907, relating to
the fees of the officials of Johnston County 53
26. An act to amend the road law of Bertie County 53
27. An act to appoint justices of the peace in Duplin County 53
28. An act to validate the election of certain justices of the peace in
Alleghany County 54
29. An act to establish a stock law in Moore County 54
30. An act to empower commissioners of Richmond County to hire con-
victs to commissioners of adjacent counties 55
31. An act to amend chapter 612, Public Laws of 1907, and regulate the
control and management of automobiles and other vehicles upon
the public roads and highways in Anson County 55
32. An act to amend section 2028 of the Revisal of 1905 of North Caro-
lina, relative to time of filing notice of lien 56
33. An act to appoint two justices of the peace for Gates County 56
34. An act to prevent the dumping of sawdust into the running streams
of Nash County 57
35. An act for the relief of J. T. Splcer, Charles L. Lewis, R. C. Puckett
and C. C. Heggie, commissioners of the town of Stovall, in Gran-
ville County 57
36. An act to prevent dumping sawdust into the streams of Macon
County 58
37. An act to amend section 2798 of the Revisal of 1905 of North Caro-
lina, relative to the pay of jurors in New Hanover County 59
38. An act to amend section 1289 of the Revisal of 1905, relative to the
fees of witnesses in Wilkes County 59
^39. An act amending section 2021 of the Revisal of North Carolina of
1905, relative to laborers' and mechanics' liens 60
40. An act to amend section 2001 of the Revisal of 1905 of North Caro-
lina, relating to tenants in Bertie County 61
41. An act to amend several sections of the Revisal of 1905, to-wit :
section 2712, relative to pay of supervisors of public roads ; sec-
tion 2785, allowing county commissioners to receive $3 per day
for their services, and section 2798, so as to increase the pay of
jurors to $2 per day and mileage 61
Captio^-s of the Public Laws.
PAGE.
CHAP.
42. An act to amend section 2753 of the Revisal of 1905, relative to
salary of the Commissioner of Labor and Printing 62
43. An act to prescribe fees for the register of deeds for Catawba Couuty
f or registration of building and loan deeds of trust 62
44. An act to pave the sidewalk in front of the county courthouse, on
Main Street, in the town of Hendersonville 63
45. An act to correct the calls of land grant No. 347, in Caldwell
County ^^
46. An act to confer police powers on deputy sheriffs at Kannapolis, in
Cabarrus and Rowan counties, and to protect property and pre-
serve the peace of said village 64
47. An act to authorize the Board of County Commissioners of Bruns-
wick County to offer a reward for the capture of J. C. Walker ... 65
48. An act appointing T. J. Wboten a justice of the peace for Robeson
County 66
49. An act to amend section 1042 of the Revisal of 1905 66
50. An act to amend section 1283, chapter 22, Revisal of 1905. relative
to liability of counties in criminal actions 66
51. An act to amend chapter 113, section 5315, of the Revisal of 1905 of
North Carolina, in reference to State boundaries 67
52. An act to prevent the sale or disposal of timber or cross-ties caught
adrift in the waters of the Cape Fear River in the counties of
Brunswick, New Hanover and Pender 67
53. An act to amend section 1311 of the Revisal of 1905, relating to the
board of commissioners for the county of Pitt 68
54. An act to prevent the depredation of turkeys and geese in Jackson
and Swain coimties 68
55. An act to amend section 1661 of the Revisal of 1905 of North Caro-
lina, pertaining to fences in Sampson County 69
56. An act to protect squirrels in Sampson County 69
57. An act to permit guardians to cultivate lands of their wards 69
58. An act to authorize the commissioners of Rutherford County to levy
a special tax for bridge purposes 70
59. An act to establish a special criminal court in the city of Durham,
and in Durham Township, and to prescribe the jurisdiction there-
of 70
60. An act to regulate the pay of jurors in Wilson County 77
61. An act to appoint M. C. Padget a justice of the peace for Lincoln
County 77
62. An act to amend section 2721 of the Revisal of 1905, relative to
road law 78
63. An act to protect the public roads of New Hanover Comity by levy-
ing a license tax on automobiles and other motor vehicles for the
repair of the public roads 78
64. An act to validate the acts of W. B. Hodges, a justice of the peace
for the county of Washington 79
xiv Captions of the Public Laws.
CHAP. p,^(.E.
65. Au act to appoint justices of tlie peace of Montgomery County 79
66. An act to empower the ex-slieriff of Graham County to collect back
taxes 80
67. An act to repeal chapter 513, Public Laws of 1907, relative to in-
creasing commissioners in Sampson County 80
68. An act to change the time of meeting of the Board of Commis-
sioners of Dare Comity 81
69. An act to amend Guilford County salary bill, acts of 1905 and 1907,
relative to the allowance for the clerk of the Superior Court 81
70. An act to increase the pay of jurors in Columbus County 82
71. An act to appropriate certain moneys now in the hands of J. R.
Swann, former manager of Madison County dispensary 82
72. An act to amend section 3773 of the Revisal of 1905, in relation to
bridges in Wayne Coimty 83
73. An act to define and make certain the dividing line between the
counties of Alleghany and Wilkes, on the Blue Ridge Mountain,
near Roaring Gap S3
74. An act to amend section 3136 of the Revisal of 1905, so as to make
the time required for publication of citation in cases of caveat
four instead of six weeks 84
75. An act to regulate the pay of jurors in Duplin Coimty 84
76. An act to appoint justices of the peace for Nash County 85
77. An act to authorize the Board of Education of Wake County to
borrow money 86
78. An act authorizing the Commissioners of Chatham County to issue
bonds to pay its present floating indebtedness incurred prior to
January 1, 1909 86
79. An act to levy a special tax in Ashe County 88
80. An act to revise, consolidate and amend the road laws of Buncombe
Coimty and to authorize the levy of special taxes in said county,
and for other purposes relating to said county 88
81. An act to authorize and direct the Treasm-er and Sheriff of Swain
County to pay the claims issued by the Board of County Commis-
sioners of Swain County according to the date of their issue 95
82. An act for the improvement of the public roads of McNeill's Town-
ship, Moore County 96
83. An act to return to the State's Prison, from its earnings for 1008,
a sufficient amount for its operation in the year 1909 104
84. An act to amend section 2482 of the Revisal of 1905, relative to
fishing in certain streams 105
85. An act to provide for compensation for holding special terms of
court 105
86. An act to appoint justices of the peace for Randolph County 106
87. An act to appoint certain justices of the peace for .Jackson Town-
ship, in Northampton County 106
88. An act to appoint justices of the peace in several townships in Per-
son County 106
Captions of the Public Laws. xv
CHAP. P-'^GE.
89. An act to render secure from damages and notably secure from dam-
age by fires such woodlands in North Carolina as are situated
above the contour line of 2,000 feet and as may be declared to be
State forests of North Carolina 107
90. An act to amend section 8, chapter 87 of the Revisal of 1905, and to
abolish the crop-pest commission, as no\Y constituted, and transfer
its powers and duties to the Board of Agriculture 109
91. An act to allow the Register of Deeds of Durham County to appoint
a deputy, and to validate all acts of persons heretofore acting in
the capacity of deputy register of deeds 109
92. An act to authorize Buncombe County to fund its floating indebt-
edness 110
93. An act to amend section 3093 of the Revisal of 1905, concerning
year's support of widows Ill
94. An act to amend section 1661 of the Revisal of 1905, relative to
regulating fences in Tyrrell County Ill
95. An act to abolish the oflace of County Treasurer of Swain County ... 112
96. An act for the better drainage of Lower Creek, in the counties of
Burke and Caldwell 112
97. An act to entitle the sale of test farms by the Board of Agriculture. . 115
98. An act authorizing the commissioners of Ashe County to levy a
special tax for the purpose of building bridges in Ashe Covmty. . . . 116
99. An act to re-establish the office of Treasurer of Duplin County 117
100. An act for the relief of ex-sherifC and ex-tax collector of Lincoln
County 118
101. An act relating to the pay of commissioners of Richmond Covmty ... 119
102. An act to amend section 5, chapter 877 of the Public Laws of 1907,
relating to throwing sawdust in Big Ivy Creek, in Buncombe
County 119
103. An act to amend section 2798 of the Revisal of 1905 of North Caro-
lina, relative to the pay of jurors in Greene County 120
104. An act to establish in the city of Reidsville a special court, to be
called the "Recorder's Court," and prescribe the jurisdiction there-
of 120
105. An act fixing the liability of a liank to its depositor for payment of
forged or raised checks • 125
106. An act to amend section 3072 of the Revisal of 1905 126
107. An act to amend section 1283 of the Revisal of 1905, relating to the
fees of justices of the peace when not a true bill is found, in
Brunswick and Catawba counties 126
108. An act to regulate fishing in Watauga County 126
109. An act to amend section 2798 of the Revisal of 1905, relative to ])ay
of jurors in Gaston County 127
110. An act to amend section 2716, Revisal of 1905, relative to the oath
of road overseers 127
111. An act to prevent public drunkenness in Mitchell County 128
xvi Captions of the Public Laws.
CHAP. PAGE.
112. An act to secure the free passage of fish in Hiawassee River, in Chij^
County 128
113. An act to amend chapter 25, section 1389, of the Revisal of 190."),
in regard to finance committee ' . . 129
114. An act to authorize the Board of Commissioners of Robeson Count.v
to issue bonds to pay the outstanding debt of the county 129
115. An act authorizing the Board of Commissioners of Transylvania
County to levy a special tax 132
116. An act concerning the assistants and employees of the Supreme
Court 132
117. An act to appoint justices of the peace for Ocracoke Townshiji, Hyde
County 133
118. An act to amend chapter 551, Public Laws 1905, relating to fishing
in Goodwin's mill pond 133
119. An act to amend chapter 82 of Public Laws of Extra Session of
1908, relating to pound or Dutch nets in Scuppernong River 134
120. An act to amend chapter 180 of the Public Laws of 1907, relating to
the police courts of Pasquotank County 134
121. An act to authorize the Board of Commissioners of McDowell County
to issue bonds to pay indebtedness 135
122. An act for the relief of W. G. Long, T. -J. Gordon and Jerry C. Laney,
commissioners of Union County 135
123. An act to appoint a finance committee for Ashe County 136
124. An act to regulate fishing in parts of Black River, Six Runs, Big
Coharie, Little Coharie and Bear Skin rivers, in Sampson County, 137
125. An act to repeal section 3478, chapter 81 of the Revisal of 1905,
relative to shooting wild fowl in Pamlico Sound, Hyde County .... 138
126. An act for the protection of forest ranges in the county of Swain. . . 138
127. An act to authorize the commissioners of Perquimans County to
issue bonds and to levy a special tax for the pni'pose of liquidat-
ing the indebtedness contracted in building a new jail and to be
contracted in installing in said jail sewerage accommodations 139
128. An act to prohibit seining in Transylvania County 142
129. An act to authorize the commissioners of Ansou County to levy a
special tax 143
130. An act for the relief of J. H. Johnson, ex-Sheriff of Wilkes County. . 143
131. An act for the relief of the Clerk of the Superior Court of Mont-
gomery County 144
132. An act to prevent stock from running at large in Ashe County 144
133. An act to levy a tax to maintain certain bridges in Hyde County .... 146
134. An act to extend the time in Avhich R. T. Kernodle, ex-Sheriff of
Alamance County, shall be authorized to collect taxes. 148
135. An act authorizing a special tax in Sylva and Webster townships.
Jackson County, to defray the expenses of certain suits 148
136. An act to amend chapter 697, Public Laws of 1907, providing for the
improvement of the public roads of Marion Township, in the county
of McDowell 149
Captio^js of the Public Laws. xvii
PAGE.
CHAP.
137. An act for the relief of Mrs. Emma Alice Howard, administratrix
and widow of Eugene K. Howard, deceased, late Sheriff of Gran-
ville County 151
13S. An act to amend the charter of the town of Littleton 152
139. An act to authorize the county commissioners of Beaufort County
to levy a special tax 1"J'-
140. An act to authorize O. F. F. Pool, ex-Sheriff of Alexander County,
to collect back taxes 153
141. An act to amend chapter 197 of the Public Laws of 1905, for the
better working of the public roads of Chatham County 153
142. An act to permit L. ]Middleton, ex-Sheriff of Duplin County, to col-
lect back taxes 155
143. An act to amend chapter 581, Public Laws of 1899. relating to the
road law of the townships of River and Judkins. in Warren
County
155
144. An act to amend the public-road laws of Warren County in regard
to the construction, improvement and maintenance of the public
roads of said county 157
145. An act to construct a graded road in Ashe County 157
146. An act for the relief of P. G. McNeel and Ambrose Clark, ex-sheriffs
of Ashe Coimty 158
147. An act to amend section 2040 of the Revisal of 1905, making tug-
boats and other boats liable for supplies furnished them in their
home ports 159
148. An act to' repeal chapter 540 of the Public Laws of 1907, relating
to the public roads of Columbus County 159
149. An act to regulate the registration and sale of concentrated com-
mercial feeding stuffs 160
150. An act to provide for the appointment of inspectors of electric, gas
and water meters 16^
151. An act to correct calls in grants No. 1G828 and No. 1G829, in Ashe
County I'j'j
152. An act to establish the stock law in certain territory in Randolph
County l'"'"^
153. An act to provide an official stenographer for the courts of Forsyth
County 1""
154. An act to amend section 1882 of the Revisal of 1905, and to protect
crops against the devastation of squirrels ITO
155. An act supplementary to and amendatory of "An act to confer police
powers on deputy sheriffs at Kannapolis," etc., ratified by this
General Assembly January 30, 1909 1™
156. An act relating to the pay of special veniremen in Richmond
County I'^l
157. An act to supply certain records of Duplin County 171
158. An act relative to the Superior Courts of iNIartin County 173
159. An act to validate certain probates of G. L. Liverman, former Clerk
of the Superior Court of Tyrrell Coimty 173
xviii Captions of the Public Laws.
CHAP. PAGE.
160. An act for the protection of quail in Alexander County 174
161. An act to repeal chapter 560, Public Laws of 1903, and chapter
288, Public Laws of 1905 174
162. An act relative to the game law in Clay County 175
163. An act to protect squirrels in White Oak Township, in Bladen
County 176
164. An act for the relief of prisoners awaiting trial in Bertie Coimty. . . 176
165. An act to authorize the commissioners of Caswell County to issue
bonds to pay and fund its bonded and floating debt 177
166. An act to amend chapter 200, Public Laws of 1907, providing for the
improvement of the public roads of Sampson County and the ap-
pointment of an inspector of highways of said county 178
167. An act to amend chapter 805 of the Public Laws of 1907. so as to
extend the time for registering grants 180
168. An act to authorize the commissioners of Hyde County to issue
bonds and levy a special tax 181
169. An act to improve the highways of Manning's Township, Nash
County 182
170. An act to regulate hmiting in Pender County 186
171. An act to amend section 1506 of the. Revisal of 1905, relative to the
time of holding courts in Tj^'rell Coimty 187
172. An act to appoint justices of the peace in Wayne County 187
173. An act to authorize the commissioners of Caswell County to levy
a special tax 187
174. An act regulating the hunting of foxes in Chatham County 188
175. An act to authorize the Board of Commissioners of Moore County to
issue bonds for the purpose of erecting bridges in said county and
for the payment of the indebtedness against said county 188
176. An act relative to the property of insane people discharged from the
insane asylums 191
177. An act to amend section 1409 of the Revisal of 1905, relating to the
election of justices of the peace 192
178. An act to amend sections 1661 and 1662, chapter 35 of the Revisal,
in reference to fences in Northampton County 192
179. An act to pay jurors in Stokes County 192
180. An act relative to the road law of Thomasville Township, Davidson
County 193
181. An act to protect squirrels in Central and Elizabethtown townships.
Bladen County 193
182. An act to authorize the commissioners of Lincoln County to sell
the present lands and home for the aged and infirm and to buy
other property in the county of Lincoln upon which to erect a new
home for aged and infirm, and to issue bonds for said purpose. . . . 194
183. An act relating to fees of officers in certain cases 197
184. An act to authorize the Governor to appoint special policemen for
Rutherford County 197
Captions of the Public Laws. xix
CHAP. P^GE-
185. An act to amend chapter 40. section 1872, of the Revisal of 1905,
in reference to hunting 198
186. An act to amend section 3382 (a) of chapter 81 of the Revisal of
1905, relative to obstructing streams in Catawba Comity, North
Carolina 198
187. An act to create a new township in Robeson County by taking a part
of Britt's and Sterling's townships, of said county 199
188. An act to appoint Fred. C. Fisher a justice of the peace in and for
the coimty of Swain, with the right to practice law 199
189. An act to regulate the terms of the Superior Court of Montgomery
County 200
190. An act to amend section 1506 of the Revisal of 1905, relative to tiuie
of holding certain courts in Third District 200
191. An act relating to the management and control of automobiles and
other vehicles upon the public roads and highways of Cumberland
County 201
192. An act to fix the time for holding the terms of the Superior Court of
Robeson Coimty 202
193. An act for relief of Abner Nash, ex-Register of Deeds of Robeson
County 203
194. An act to amend chapter 65, section 2712, of the Revisal of 1905,
relating to public roads 204
195. An act to amend section 2727 of the Revisal of 1905, regulating the
use of traction engines and road steamers on the public roads of
Randolph County 204
196. An act to prohibit killing of squirrels in Pitt and Wayne counties. . . 205
197. An act to allow the commissioners of Onslow County to use the
sm-plus of the special-tax funds levied imder chapter 042 of the
Public Acts of 1905 205
198. An act to repeal chapter 951, Public Acts 1907 206
199. An act relating to the management and control of automobiles on
the public roads and highways of Sampson County 206
200. An act to establish, construct and maintain a system of public roads
in Madison County 208
201. An act relating to the control and management of automobiles and
other vehicles upon public roads and highways in the counties of
Harnett and Johnston 214
202. An act to divide the present terms of the Superior Court of Stokes
County into fom- terms of one week each 216
203. An act to authorize the Board of County Commissioners of Macon
County to establish a chain gang 217
204. An act to protect the game and landowners of Rutherford County . . . 219
205. An act to amend chapter 782, Public Laws of 1907 220
206. An act for the improvement of public roads in Perquimans County. . 220
207. An act to amend chapter G22 of the Public Laws of 1907. relating
to hunting deer in Tyrrell County 221
XX Captio2\"S of the Public Laws.
CHAP. PAGE.
208. An act to establish abroad in Madison County 221
209. An act to prevent tlirowing sawdust in tlie waters of Spark's Creek.
Wilkes County 223
210. An act to abolish two weeks of court of Pasquotank County 223
211. An act to amend chapter 276 of the Public Laws of 1907, relating
to bonds of tax collectors 224
212. An act to drain lands in Hunt's Fork and Hanks' Branch, in David-
son County '. 224
213. An act to amend section 1811 of the Revisal of 1905, and to repeal
chapter 228 of the Public Laws of 1905, relating to the number
and compensation of the Board of County Commissioners of
Northampton County 225
214. An act to provide a better system for working and maintaining
the public roads in Macon County 226
215. An act to prevent the sale of near beer and like drinks in Reids-
ville Township, Rockingham County 237
216. An act to supplement Smithville Township good-roads fund 237
217. An act to authorize the commissioners of Carteret County to build
bridges and to issue bonds and to levy a special tax for the
same 239
218. An act to amend section 4498 of the Revisal of 1905, relating to the
licensing of physicians 241
219. An act to amend chapter 20, Laws of 1908, relating to holding
of courts of Onslow County 241
220. An act to provide for levying a special tax for public roads in
Mitchell County, and for other purposes 242
221. An act to amend chapter 131, Public Laws of 1908, authorizing
the commissioners of Lee County to issue bonds 248
222. An act to amend chapter 987 of the Public Laws of 1907, relative
to the boundary line between Wilkes and Ashe counties 249
223. An act relative to fees of justices of the peace in Montgomery
County 249
224. An act to change the boundary line between Nashville and Castalia
townships, in the county of Nash 249
225. An act to direct the county commissioners of Harnett County to
publish a statement of the expenses of the county 250
226. An act to amend section 1319 of the Revisal of 1905, relative to
commissioners and justices of the peace of Montgomery County, 250
227. An act to amend chapter 556, Public Laws of 1907, relating to the
stock law in Madison County 251
228. An act to increase the duties and pay of the members of the Board
of Commissioners of Haywood County 251
229. An act to create a new township in Nash County, to be known as
"Red Oak Township" 252
230. An act to authorize the Board of Commissioners of Caldwell County
to establish a chain gang 2.53
Captions of the Public Laws. xxi
CHAP. PAGE.
231. Au act to confer criminal jurisdiction upon the first Marcli term
of the Superior Court for the county of Nash 2.55
232. An act to reguhite fees of officers of the county of Madison 256
2.33. An act authorizing the commissioners of McDowell County to in-
crease the tax levy 259
234. An act to provide good roads in Franklin County 260
235. An act- to authorize the Board of Commissioners of Durham County
to issue bonds to pay its indebtedness 264
236. An act to amend chapter 200, Public Laws of 1907, providing for
the improvement of the public roads of Sampson County and the
appointment of au inspector of highways for said county 266
237. An act to amend chapter 210, Public Laws of 1905, authorizing the
Highway Commission of Valleytown Township, in Cherokee
County, to issue bonds for macadamizing roads 268
238. An act to fix the time for holding the terms of the Superior Courts
of the county of Pitt 273
239. An act to validate the acts of justices of the peace of Sampson
County 274
240. An act providing for the maintenance of public roads in Steel's
Township, in Richmond County 275
241. An act providing for the maintenance of public roads in Mineral
Springs Township, in Richmond County 276
242. An act to prevent the dumping or placing of dead bodies, sawdust
and other impurities in Reddle's River and its tributaries, in
Wilkes County 276
243. An act to repeal chapter 885 of the Public Laws of 1907. prohibiting
fishing in Little River, in Wake County 277
244. An act providing for the maintenance of public roads in Black Jack
Township, in Richmond County. 277
245. An act to provide good roads in Frauklinton Township, Franklin
County 278
246. An act to amend chapter 647, Public Laws of 1907 282
247. An act to protect fish in Swain County. 282
248. An act to create a superintendent of agriculture and sanitation for
the county of Guilford 283
249. An act to regulate the compensation of the members of the Board
of Commissioners of Robeson County 284
2.50. Au act to amend section 4969 of the Revisal of 1905 284
2.51. An act authox'izing building stock-law fence in Lillington and
Stewart's Creek townships, in Harnett County 285
252. An act to release a certain part of McDowell County from the
stock law 288
2.53. An act to authorize and empower the bondsmen of W. B. Cooper,
late Sheriff of Tyrrell County, to collect the unpaid taxes charged
to said officer 289
254. An act to fix the per diem of the Board of Commissioners of Mitch-
ell County 291
xxii Captiois^s of the Public Laws.
PAGE.
CHAP.
255. An act to repeal chapter 552 of the Public Laws of 1007, relating
to duties of the Clerk of the Superior Court of Yancej- County, 291
256. An act to prohibit public drunkenness in Yancey County 291
257. An act for the relief of J. M. Davis. ex-Sheriff of Surry County 292
258. An act to allow D. R. Noland. ex-Sheriff of Haywood County, to
collect back taxes 293
259. An act to appoint a finance committee for Polk County 293
260. An act to appoint a cotton weigher for the town of Smithflekl, John-
ston County 294
261. An act to appoint a cotton weigher for Ited Springs Township and
to provide for his election 295
262. An act to provide for the election of cotton weighers for Union
County 296
263. An act to authorize the city of New Bern and the county of Craven
to appropriate money out of the treasuries of the city and county
to commemorate the bicentennial of the founding of the town of
New Bern 297
264. An act to repeal chapter 689, Public Laws of 1899, and chapter 748,
Public Law^s of 1903, relating to the stock-law territory in No.
7 Township. Craven County 298
265. An act to amend section 2681 of the Eevisal of 1905. relative to the
road law 298
266. An act to validate certain acts of a justice of the peace in Bertie
County 299
267. An act to prevent the dumping of sawdust into the streams of
Jackson County 300
268. An act providing for the consolidation of the several road com-
missions in Richmond County at their option .300
269. An act to empower the Sheriff of Madison County to collect arrears
of taxes 300
270. An act to empower the county commissioners of Yancey County to
sell the present county home and change the site 301
271. An act to prohibit public drunkenness in Buncombe County 301
272. An act to prohibit sawdust being thrown into' streams in Edgecombe
County 302
273. An act for the relief of Theo. N. Bates, ex-sheriff and tax collector
of Cherokee County 302
274. An act to prevent depredations by mischievous live stock in Tj'rrell
County 303
275. An act for the relief of ex-Sheriff of Cleveland County .304
276. An act to encourage the destruction of hawks and owls 304
277. An act to appoint J. H. Nowell a justice of the peace for Windsor
Township, in Bertie County 305
278. An act to prevent horses and mules from running at large in Pitt
County .305
279. An act for the relief of the Sheriff and Treasurer of Moore Countv. 306
Captioxs of the Public Laws. xxiii
CHAP. PAGE.
280. An act to prevent sawdust from going into Sawyer's Creek, and fish-
ing, in Graliani County 30G
251. An act to improve tlie public roads of Waive County 307
252. An act to authorize certain townships in Bladen County to issue
public-improvement bonds 325
253. An act to facilitate the release of mortgages and deeds of trust. . . . 330
254. An act to regulate stock in stock-law territory 331
255. An act to amend section 2613 of the Revisal of 1005, regulating the
operation of freight trains on Sunday 332
286. An act to build bridges in Madison County 332
287. An act to provide a method to condemn lands to be used in the opera-
tion of mills in the counties of Alleghany, Ashe and Watauga .... 333
288. An act to authorize the. commissioners of Harnett County to issue
bonds for the purpose of building bridges in said county, and for
other purposes 335
289. An act amending the road law for McDowell County 337
290. An act for the better working of the public roads in Currituck
County 338
291. An act to allow the commissioners of Iredell County to levy a spe-
cial tax to pay the indebtedness incurred in erecting a new county
jail 338
292. An act permitting the commissioners of Rutherford County to donate
lands for the purpose of erecting a Confederate monument thereon, 339
293. An act to change the boundary lines of Glenola Special-tax School
District 339
204. An act to prevent the sale of certain commodities at the annual
meeting of the Lower Country Line Primitive Baptist Association, 340
295. An act to authorize the commissioners of Wake County to issue bonds
to pay and fund the debt of the Board of Road Commissioners of
Wake County 340
29G. An act to regulate the call of the civil docket in Rowan County. . . . 341
297. An act to authorize the trustees of Cross Creek Graded Schools to
issue bonds 341
298. An act to amend the charter of the Virginia and Carolina Southern
Railroad Company 345
299. An act to amend Public Laws 1895, chapter 138. by striking out the
word "Granville." so as to restore Granville to the list of counties
in which the sheriff is required to settle State taxes by the second
Monday in .January in each year .351
300. An act to amend section 1506, chapter 28, Revisal of 1905, relating to
civil dockets in Rowan Superior Court 351
301. An act to amend chapter 20, I'ublic Laws, special session 1908, relat-
ing to the terms of Superior Courts of Onslow County 352
-302. An act to amend section 1311 of the Revisal of 1905 352
303. An act to protect game in Warren County 352
xxiv Captions of the Public Laws.
CHAP. PAGE.
304. An act to improve the public roads of Mt. Gilead Township. ^lont-
gomery County, to create a road commission for said township and
worii the same by taxation 354
305. An act to provide a system of constructing and keeping in repair the
public roads of Montgomery County 360
306. An act to authorize Brunswick County to levy a special tax. 369
307. An act for the working of the public roads of Graham County 370
308. An act to amend chapter 82 of the Public Laws of 1907, in reference
to a bond issue for the county of New Hanover 374
309. An act to regulate the levying of special tax in Portrum's Special-tax
District, in Rutherford County 374
310. An act to authorize the commissioners of Cumberland County to issue
bonds and levy taxes for the construction of a bridge over the
Cape Fear River 375
311. An act to provide for the protection of fish in the waters of Haw
River 377
•*• 312. An act to amend chapter 20 of the Public Laws of 1907 378
313. An act to authorize the county commissioners of Lee County to
spend surplus proceeds of construction bonds in the building of
bridges 378
314. An act to provide for the working and improving the public roads
of Ashe County 378
315. An act to amend chapter 275 of the Laws of 1905, fixing salaries of
public officers of Guilford County, providing that the surplus funds
derived under said act shall be paid to county commissioners for
permanent road building 380
316. An act to create a permanent sinking-fund committee for Cumber-
land County and to specify its duties 380
317. An act to fix the fees of the Sheriff of Robeson County for summon-
ing a special venire 383
318. An act to amend chapter 81 of the Revisal of 190.5, relative to barbed-
wire fences in Catawba, Richmond, Rutherford and other counties,. 384
319. An act for the relief of surveyors in Scotland and Anson counties. . . 384
320. An act to extend the time to allow the Camden Ferry Company to
erect a drawbridge on Pasquotank River 384
321. An act relative to cotton weighers in Franklin County 385
322. An act to authorize the commissioners of Chatham County to divide
said county into toWnships 386
323. An act to impx-ove the drainage of Haw River and Troublesome
Creek and their tributaries, in Rockingham County 386
^ 324. An act to amend chapter 853 of the Public Laws of 1907, relative to
roads 387
325. An act providing for the better construction and keeping in repair of
the public roads of Wayne County 389
326. An act to better protect the public roads in Washington County 390
X
Captions of tiA Public La^vs. xxv
chap. page.
.327. Au act to proliibit the sale or other disposition, for profit, of wine,
cider or any intoxicant witliin four miles of Elkton Scboolliouse,.
in District No. 4. for the white race, in White's Creek Township,
in Bladen County 390
28. An act to encourage high-school instruction for the counties of Gra-
ham and Clay 391
329. An act to relieve the surety of William H. Worth, late State Treas-
urei*, from any further liability on account of his bonds 392
330. An act to pay deputy sheriffs for the collection of taxes in incorpo-
rated towns and cities of Guilford County other than the county
seat 393
331. An act to prevent the obstruction of Natmoore Creek, in French's
Creek Township, in Bladen County 394
332. An act authorizing the commissioners of Richmond County to employ
an auditor to examine "the books, accounts, receipts, etc., of the
severaf county officers of said county, or any of them, whenever
deemed advisable 394
333. An act to exempt certain persons from jury service 395
334. An act to authorize the Board of County Commissioners of Macon
County to donate a certain plat of ground to establish a Confeder-
ate monument thereon 395
335. An act to facilitate the registration of contracts made by corpora-
tions 395
336. An act to amend chapter 173, Public Laws of 1905, to regulate the
hunting of pheasants in Randolph County 396
337. An act to validate a certain special school-tax election and to appro-
priate certain moneys to the school fund in School District No. 1,
Madison County 396
338. An act for the protection of ducks and squirrels in Guilford County. . 397
339. An act to prevent salaried officers and employees from receiving pay
as witnesses in criminal actions in New Hanover County. 397
340. An act to amend chapter 77. section .3073, of the Revisal of 1905, re-
lating to weights and measures in the county of Sampson 398
341. An act amending chapter 60, section 2786, of the Revisal of 1905, rel-
ative to fixing the per diem of the Board of Education of Guilford
County 398
342. An act prescribing the method of drawing jurors in New Hanover
County and the qualifications of said jurors 399
343. An act to divide Gulledge Township, in AnsOn County, into two vot-
ing precincts 399
344. An act to authorize the Board of County Commissioners of Bladen
County to establish a chain gang 400
345. An act to provide for the working of the public roads of Lee County
by convicts 402
346. An act authorizing the Board of Commissioners of Currituck County
to levy a special tax 403
xxvi Captioxs of thI Public Laws.
CHAP. PAGE.
347. An act to provide for the levying of a tax for working the roads of
Rutherford County 404
348. An act providing for the maintenance of roads in Beaver Dam Town-
ship, in Richmond County, by taxes, if petitioned for by a majority
of the qualified voters 405
349. An act for the relief of the County Board of Education of Robeson
County 40G
350. An act to confer police powers on sheriffs and constables at Glen
Raven Mills, Burlington Township, Alamance County, and to pro-
hibit drunkenness there 409
35L An act to regulate the shooting of squirrels in Currituck County 410
352. An act to authorize the commissioners of Randolph County to dis-
continue working convicts on the public roads 410
353. An act to regulate the times of holding the Superior Courts of Bla-
den County 411
354. An act to abolish the oflSce of standard keeper in Camden County. . . 412
355. An act to amend chapter 25S of the Public Laws of 1905, which re-
lates to the working of the public roads of Cumberland County. '. . 412
356. An act to provide a method of providing .iuries for the Superior
Courts of Cleveland County 413
357. An act to prohibit the setting of steel traps on the lands of another. . 414
358. An act to amend chapter 462, Public Laws of 1903, so as to provide
court stenographers for Randolph County 414
359. An act to provide for the appropriation of certain moneys belonging
to Mark's Creek Township, in Wake County 415
360. An act to provide for the appropriation of certain moneys belonging
to St. Matthew's Township, in Wake County 416
361. An act to authorize the Board of Commissioners of Moore County to
hire out convicts assigned to work upon any roads of said county. . 417
362. An act to repeal chapter 74, Public Laws of 1908, entitled "An act to
authorize the commissioners of Lincoln County to issue bonds to
macadamize and improve the public roads thereof" 417
363. An act to authorize the Board of Commissioners of Richmond County
to issue bonds 418
364. An act to amend sections 2686 and 2712 of the Revisal of 1905, con-
cerning meetings of township boards of supervisors 420
365. An act to amend section 2944 of the Revisal of 1905, relating to hold-
ing municipal elections in the county of Randolph 420
366. An act to authorize the Board of Commissioners of Greene County
to levy a special tax 421
367. An act to confer police powers on deputy sheriffs at Longhurst, in
Person County, and to protect property and preserve the peace of
said village 421
368. An act to authorize the commissioners of Gates County to levy a
special tax 423
369. An act to promote education in Stokes County 424
Captions of the Public Laws. xxvii
CHAP. PAGE.
370. An act to fix the compensation of tlie commissioners of Caswell
County 424
371. An act to provide for a court stenographer for Willies County 424
372. An act authorizing the County Board of Education of Haywood
County to sell certain school property in said county 425
373. An act limiting the time of existence of the Highway Commission
of Guilford County 426
374. An act to protect the fish in Clay County 427
375. An act to create Bolton Township, in Columbus County 427
376. An act authorizing the commissioners of Onslow County to issue
bonds to i^ay the past-due interest on the bonds issued to the Wil-
mington, New Bern and Norfolk Railroad Company, under chap-
ter 233, Laws of ISSo, and acts amendatory thereof 428
377. An act to regulate the pay of jurors in Polk County 430
378. An act to protect fish in Lake Phelps, or Scuppernong, in Tyrrell and
Washington counties 430
379. An act to amend chapter 405 of the Public Laws of 1903 431
380. An act to prohibit tlie killing of deer in Atlantic Township, Curri-
tuck County 431
381. An act to repeal chapter 702 of the Public Laws of 1907, relative to
the Superior Court of Cherokee County 432
382. An act to amend section 1506 of the Revisal of 1905, in relation to
the Superior Courts of Forsyth County 432
383. An act permitting the commissioners of Richmond County to donate
lands for the purpose of erecting a Confederate monument thereon, 433
384. An act to amend section 2785 of the Revisal of 1905, relating to per
diem of county commissioners of Yancey County 433
385. An act authorizing the Board of County Commissioners of Jackson
County to donate lands for the purpose of erecting a Confederate
monument thereon 433
386. An act to establish a special court for Rowan County, with civil and
criminal jurisdiction, to be known as Rowan County Court 434
387. An act providing for the laying out and the working of the public
roads of Guilford County 439
388. An act to protect the public roads and bridges in Clay and Ruther-
ford counties 445
389. An act to provide diphtheria antitoxin for indigent persons sick of
diphtheria 446
390. An act to provide for the working of the public roads of Northamp-
ton County and to levy a special tax therefor, and to repeal chapter
538 of the Public Laws of 1903 447
391. An act to provide a better system for working and maintaining the
public roads in Transylvania County 453
392. An act for the better maintenance and support of the public schools
of New Hanover County 465
xxviii Captioxs of the Public Laws.
CHAP. PAGE.
393. An act for the purpose of levying a special tax to build the necessary
bridges in Cherokee County 466
394. An act to authorize the commissioners of Ashe County to sell the
present farm and home for the aged and infirm and purchase an-
other 467
395. An act to grant a new charter to the city of High Point, Guilford
County, North Carolina, repealing all laws or parts of laws in
conflict herewith 468
396. An act to authorize the commissioners of Halifax County to issue
bonds to build a new courthouse 516
397. An act to allow the county of Beaufort, State of North Carolina, to
issue bonds to build roads and bridges 517
398. An act to establish a special criminal court for the county of New
Hanover and to prescribe the jurisdiction thereof 519
399. An act to authorize the issue of State bonds to pay off the State
bonds which fall due on the first day of July, 1910 525
400. An act to provide for the appointment of court stenographers for
the counties of Swain, Haywood, Jackson and Transylvania 527
401. An act supplemental to House Bill 1582, Senate Bill 1015, ratified
February 26, 1909, entitled "An act to provide for the working of
the public roads of Northampton County and to levy a special tax
therefor, and to repeal chapter 538 of the Public Laws of 1903". . 528
402. An act to incorporate the Carolina Railway and Power Company 529
403. An act relative to hunting wild animals on Bogue Banks, in Carteret
County 543
404. An act to authorize the commissioners of Hertford County to levy
a special tax in the years 1909 and 1910 543
405. An act to amend chapter 477. Private Laws of 1905, relative to
working public roads in Cleveland County 544
406. An act to authorize the commissioners of Clay County to call an elec-
tion for the purpose of voting on a bond issue to aid in con-
structing the Hiawassee Valley Railroad .545
407. An act to build bridges in Hay^vood County 545
40S. An act to aid the Watauga Railway Company to construct a railroad
from some point on the Caldwell and Northern Railroad, in the
county of Caldwell, to Boone, in the county of Watauga .546
409. An act to amend chapter 922 of the Public Laws of 1907, being "An
act to authorize the Board of Commissioners of Wilson County to
issue bonds" 548
410. An act relating to the control and management of automobiles and
other vehicles upon the roads and highways in Edgecombe, Rowan
and Nash counties 549
411. An act to provide for the better working of the roads in Beaver
Dam Ward, in Buncombe County 551
412. An act authorizing the commissioners of Greene County to issue
bonds to pay its present floating indebtedness 554
Captio:n's of the Public Laws. xxix
CHAP. PAGE.
413. An act to ameucl section 331S of the Revisal of 1905, relative to
county buildings 555
414. An act relating to the labor of convicts ou the county farm of Warren
County 556
415. An act to provide a better system of working the public roads of
Cherokee County 557
41G. An act to provide a better system for working the public roads in
Clay County 561
417. An act to amend the game law for Bug Hill and Lee's townships, in
Columbus County, relative to season for trapping fur-bearing
animals 566
41S. An act for the protection of game in French's Creek Townsliip,
CjTiress Creek Township, Turnbull Township and Colly Township,
Bladen County 567
419. An act to incorporate the Southern Assembly 567
420. An act to improve the public roads in certain townships in Brunswick
County -. 573
421. An act to establish the stock law in a part of Warsaw Township, in
Duplin County 5S0
422. An act to provide for working the public roads of Robeson County
and to levy a tax for the same 5S2
423. An act to provide for working the roads of Polk County 595
424. An act for the working of the public roads in Hertford County 60S
425. An act amending the road law of McDowell County (except Marion
and Crooked Creek townships) 615
426. An act to amend section 4, chapter 969, Public Laws of 1907 619
427. An act to change the jurisdiction of the October term of the Supe-
rior Court of Union County, North Carolina 619
42S. An act for the relief of the Fayetteville Independent Light Infantry
Company 620
429. An act to prevent the sale of wine, cider and other intoxicating bit-
ters within three miles of certain churches in Carteret County. . . 621
430. An act to submit to the qualified voters of Columbus Township, Polk
County, the question of issuing bonds for macadamizing the Co-
lumbus and Tryon public road 622
433. An act to fix the salaries for public officers of Rockingham County,
and to increase the school fund 630
432. An act to make the State Superintendent of Public Instruction, gx
offtclo, a trustee of the University of North Carolina 631
^^433. An act to appoint justices of the peace for the several counties of
North Carolina 632
434. An act requiring the clerks of the Superior Courts of the State to
make reports to the Attorney-General 650
4.35. An act to appoint members of the county boards of education 651
4.36. An act to regulate trapping in Colly Township, Bladen County 654
437. An act to amend .section 2461 of Revisal of lt^)05 of North Carolina,
relating to obstructions across Hiawassee River 6.54
XXX Captions of the Public Laws.
» CHAP. PAGE.
\ 438. Au act to amend chapter two huiiclrecl aiul fifty-six of tlie Public
Laws of one thousand nine hundred and seven Go5
439. An act authorizing the town of Roclviughani to contribute to a fund
for the erection of a Confederate monument in Richmond County. . 687
/ 440. An act to amend an act to provide for the assessment of property
and collection of taxes G8S
441. An act to suspend the collection of taxes under section 58 of the Rev-
enue Act, because of the higher taxes imposed by the Oil Inspec-
tion Act 742
442. An act to promote the public health, convenience and welfare by
leveeing, ditching and draining the wet, swamp and overflowed
lauds of the State, and providing for the establishment of levee
or drainage districts for the purpose of enlarging or changing any
natural water courses, and for digging ditches or canals for secur-
ing better drainage or providing better outlets for drainage, for
building levees or embankments and installing tide gates or pump-
' ing plants for the reclamation of overflowed lands, and prescrib-
ing a method for so doing ; and providing for the assessment and
collection of the cost and expense of the same, and issuing and
selling bonds therefor, and for the care and maintenance of such
improvements, when constructed 743
443. An act to prescribe the mode of capital punishment in North Caro-
lina 758
444. An act to regulate the practice of optometry, to provide for the es-
tablishment of a board of examiners in optometry, to provide for
the examination of practitioners of optometry and registration of
licensed practitioners, to provide a penalty for a violation of the
act, and for other purposes 761
445. An act to provide for the registration and identification of motor ve-
hicles, and to regulate the use of public highways by such vehicles
and persons passing such vehicles, and to provide penalties for the
violation thereof 765
446. An act requiring the use of electric or power headlights on certain
locomotive engines 770
447. An act to amend section 1733, chapter 37 of the Revisal of 1905, in
relation to grants 771
\ 448. An act to amend chapter 218 of the Public Laws of 1907, entitled
"An act denouncing conduct within the State of North Carolina
which interferes with trade and commerce" 772
449. An act to make appropriations for State institutions 773
450. An act to provide for a system of permanent road building in Gran-
ville County and to authorize the Board of Commissioners of Gran-
ville County to issue bonds, and for other purposes 776
451. An act to authorize the commissioners of Scotland County to issue
township bonds to build public roads, if voted for by the qualified
voters of the township 'ii'86
Captioxs of the Public Laws.
CHAP.
PAGE.
452. An act to establish within the city of Hickory a special court, to be
called the police court, and prescribe the jurisdiction thereof 796
453. An act to change the time of holding Superior Courts in Person and
Orange counties "^
454. An act to amend that section of the Revisal of 1905 relating to the
court calendar of Scotland County, correcting an error of the
printer SOO
4.55. An act to allow the citizens of Gaston County to hold an election to
express their will concerning the proposed removal of the countj-
seat of Gaston County from Dallas to Gastonia, and to remove the
county seat, as aforesaid, if a majority of the votes cast at said
election shall favor such removal 800
456. An act to provide for the improvement of the public roads of Lee
County > 803
457. An act to authorize the Board of County Commissioners of Mecklen-
burg County to build macadam roads within the limits of incorpo-
rated towns 806
458. An act to construct a graded road in Ashe County 807
459. An act authorizing payment of deposits in trust 807
460. An act to amend the road law of Durham County 808
461. An act to promote highways of Sauratown Township 808
462,. An act to pay jurors in the county of Swain 816
463. An act to prevent the killing or capturing of quail in Caldwell
County 816
464. An act to improve the public roads of Colly Township, Bladen County, 817
465. An act to amend chapter 50 of the Public Laws of 1901. entitled "An
act relating to highways, public roads, bridges, ferries and fords,"
as to Mecklenburg County 817
466. An act to amend section 2457, Revisal of 1905, relating to fishing in
Onslow Countj' 818
467. An act to prohibit the throwing of sawdust in certain streams in Ala-
mance County 818
468. An act to abolish the January term of the Superior Court for North-
ampton County 819
460. An act to secure the better drainage of lowlands in Forsyth, Surry,
Stokes, Rockingham and Davidson counties 819
470. An act to provide a board of audit and finance for the county of
Robeson and to fix the duties of the same 823
471. An act to protect deer in the counties of Henderson, Transylvania,
Haywood and Jackson 831
472. An act to validate bond election in Ashe County 831
473. An act to amend section 5349 of the Revisal of 1905 and provide for
the classification and publication of the acts of the General Assem-
l)ly into public, public-local and private laws 832
474. An act to amend chapter 948 of the Laws of 1907, relative to fish 833
475. An act relative to hunting in Carteret County 833
xxxii Captions of the Public Laws.
CHAP. PAGE.
476. An act to amend section 2785 of the Revisal ot 1005. relating to the
pay of county commissioners in Onslow County 834
477. An act to regulate the sale of soft drinks in Morehead City, Carteret
County 834
478. An act to protect fish in Black River and its tributaries, in the coun-
ties of Pender and Bladen S34
479. An act to discontinue a section of public road in Montgomery County, 835
480. An act supplemental to "An act to appoint a cotton weigher for Red
Springs Township and to provide for his election" 835
481. An act to confirm patent No. 99, issued April 13, 1780, to .John Guer-
rai'cl S3G
482. An act to alter the public road in Wilkes County known as the
Phillips' Gap Road S3t>
483. An act for the relief of D. W. Bullock, ex-Register of Deeds of Robe-
son County 837
484. An act to confer certain powers on the directors of State institutions
in regard to land 838
485. An act regulating the pay of certain witnesses in criminal actions in
Durham County 838
480. An act to increase the compensation of the stenographers of the. Su-
preme Court 839
487. An act relating to the erection of a monument to the memory of Con-
federate soldiers in Henderson, North Carolina 839
488. An act to prohibit the manufacture and sale of intoxicating liquors
within certain localities 840
489. An act to amend chapter 436 of the Public Laws of 3907 840
490. An act to amend section 1314 and to repeal section 1315 of the Re-
visal of 1905, in regard to filling vacancies in the Board of Commis-
sioners of Vance County 841
491. An act to regulate the compensation of the County Treasurer of Cur-
rituck County 841
492. An act authorizing the county of Richmond to contribute to a fund
for the erection of a Confederate monument in Richmond County. . 842
493. An act to provide for working the roads of Rutherford County. . . . 842
494. An act to regulate primary elections in Halifax and Nash counties. . 846
495. An act for the relief of L. M. Walters and W. L. Hendrix and .J. W.
Calloway, of Ashe County 850
496. An act to create a historical association for the perpetuation of the
memory of the life of Daniel Boone 851
497. An act to create a recorder's court for the town of Aurora and Rich-
land Township and define jurisdiction and territory thereof 851
498. An act to authorize the judge of the Superior Court in certain cases
to appoint policemen in Leaksville Township, Rockingham County,
X. C 853
499. An act authorizing the commissioners of Davie County to buy addi-
tional land for the purpose of a county home for the aged and in-
firm 85.5
Captions of the Public Laws. xxxiii
CHAP. PAGE.
500. An act to ameud chapter So. volume 2 of the Revisal of 1905 855
501. An act to amend section 1 of chapter 508 of the Public Laws of 1907, 856
502. An act regarding corporations 856
503. An act to fix salaries for public ofticers and create and establish
an auditor's office in Durham County : 857
504. An act to provide for the better protection of earnings of employees
of railway corporations and others engaged in interstate business,
and to assure to them the benefits of the exemption laws of this
He State relating to personal property 860
505. An act to establish a card-index system for grants and to rearrange
and change the method of filing warrants, plats and surveys in the
Secretary of State's ofiice 862
506. An act to authorize North Whiiaker"s Township, in Nash County,
to issue bonds for the improvement of the public roads of said
township 863
507. An act to amend section 1128 of the Revisal of 1005 of North Caro-
lina, relative to powers of corporations S6S
508. An act to repeal sections 4112, 4099, 4100, 4101. 4102. 4103, 4104 and
4105 of the Revisal of 1905 of North Carolina, and to provide for
the levying of a special tax and for a special State appropriation
for the maintenance of one or more public schools in every school
V district for a term of four months in each year, and for a more
equitable apportionment thereof 868
509. An act to authorize the State Board of Education to unite with
certain landowners in Hj'de County in establishing a drainage dis-
trict, including Mattamuskeet Lake and the lands adjacent thereto, 871
510. An act to issue bonds to carry out the act of 1907. for the care of
the insane of the State 872
511. An act to prohibit killing doves in Edgecombe Couury 874
512. An act to prevent the killing of squirrels in Edgecombe and Nash
counties 875
513. An act to provide for the payment to the Clerk of the Superior
Court of Camden County of certain sums for services at court 875
514. An act to protect clams in the waters of Brown Sound and Queen's
Creek 876
515. An act to authorize the drainage of Grant's Creek, in Rowan County,
and for other purposes 876
516. An act to protect game in Vance County 877
517. An act to authorize the Board of Commissioners of Mecklenburg
County to change the location of the common jail of said county
and issue bonds for the purpose of either repairing the present
jail or building a new one 878
518. An act to protect quail in McDowell County 879
519. An act to protect game in Craven County 879
520. An act to change the name of Slade's Creek, in Hyde County, to
Slade's River, and to prohibit fishing with drag nets in said river
and in Fortescue's Creek, in said county 880
xxxiv Caption's of the Public Laws.
CHAP. PAGE.
521. An act to regulate the taking of clams in Masonboro Sound, in the
county of New Hanover S81
522. An act for the relief of owners of live stock in a portion of Tyrrell
County S81
523. An act to validate the acts of George B. Cooper, a justice of the
peace in Griffin's Township, Nash County 882
524. An act relating to the sale of refreshments at all State high schools
in Alamance County 882
525. An act to amend certain sections of the Revisal of 1005 of North
Carolina and certain chapters of the Public Laws of 1007 of North
Carolina, being parts of the public-school law 883
526. An act to authorize the commissioners of Union County to issue
bonds to build, macadamize and improve the public roads of Union
County 886
527. An act to amend section 2777 of the Revisal of 1005, relating to
sheriff's fees in Dare County 890
528. An act to amend section 1 of chapter 228 of the Public Laws of
1907 891
529. An act to authorize John R. Milliken, late Sheriff of Chatham
County, to collect back taxes 891
530. An act to protect quail in Chatham County 891
531. An act to create a board of road commissioners for Banner Town-
ship, Johnston County 892
532. An act to amend sections 2055, 2773 and 2776 of the Revisal of
1905 894
533. An act to amend sections 2 and 5 of chapter 341 of the Public Laws
of 1899 894
534. An act to regulate hunting in Sylva Township, in Jackson County, 895
535. An act to protect property owners on Ahoskie Swamp, in Hertford
County 896
536. An act to protect game in Mecklenburg County 897
537. An act to protect fur-bearing animals in Currituck County 897
538. An act to change the time of holding the Superior Courts for Tyr-
rell and Dare counties and to provide an additional week of
Superior Court for Tyrrell County 898
539. An act to regulate hunting wild fowl in Dare County 898
540. An act regulating fishing in waters of Albemarle Sound 899
541. An act to prohibit the illegal sale of liquor iu Burke County 902
542. An act to regulate payment of jurors in Henderson County 902
543. An act to regulate the hunting of quail, partridges, wild turkeys and
other game birds in Orange County 903
544. An act for the relief of S. A- Choate, ex-Sheriff of Alleghany County, 903
545. An act to regulate the pay of the Board of Education of Durham
County 904
546. An act to allow the Register of Deeds of Person County to appoint
a deputy 904
Captioxs of the Public Laws. xxxv
CHAP. PAGE.
547. An act authorizing use of a portion of the dispensary fund now in
the hands of the County Treasurer of Jones County to repair,
etc., the public-school building in No. 1 School District, in Trenton
Township 905
54S. An act to add Pocket Township to Greenwood and Deep River town-
ships, in Moore County 906
549. An act to prevent the floating of sawdust in the streams of Chatham
County 906
550. An act to amend sections of the Revisal of 1905 907
551. An act for the protection of quail and partridges in Forsyth County, 907
552. An act relating to fees of jurors and witnesses in Wake County. . . . 907
1*653. An act to provide a legalized primai-y election for Cleveland County, 90S
554. An act to provide for the inspection of illuminating oils and fluids, 911
555. An act to provide for standard-weight packages of meal and flour
and to prevent the sale of same in short-weight packages 914
556. An act to regulate the registration and sale of condimental, patented,
proprietary or trade-marked stock or poultry tonics, regulators or
conditioners 915
557. An act to prevent the sale of certain commodities at the annual
meeting of the Lower Country Line Primitive Baptist Association, 917
55S. An act to amend section 5 of chapter 413 of the Public Laws of 1901,
relating to the cotton weigher for the town of Lauriuburg 918
559. An act to regulate oyster dredging in Pamlico Sound 918
560. An act to create a recorder's court for Edgecombe County 919
561. An act for the betterment of the public schools in Anson County
and the training of the children for life's work 922
562. An act authorizing the commissioners and treasurer of Davie County
to transfer the surplus belonging to the special railroad tax fund
to the general county fund 923
563. An act to amend chapter 476, Public Laws of 1907, relating to the
road law in Smith Creek Township. Warren County 924
564. An act to amend chapter 769, Public Laws of 1905, relative to cotton
weigher of the tQwn of Wilson 924
565. An act to amend section 1506, chapter 28 of the Revisal of North
Carolina of 1905 925
566. An act to change the time for meeting of Board of Education of
Dare County 926
567. An act to provide a system of constructing and keeping in repair
the public road,s of Randolph County 926
568. An act to provide for the issuing of bonds and levying a special
tax for building a toll bridge and working the roads in Boonville
Township, Yadkin County 936
569. An act to amend section 1506, chapter 28 of the Revisal of 1905,
relative to the terms of Superior Court for Hertford County and
time for holding the same, and to I'epeal chapter 76. Public Laws
of 1905, and chapter 49. Public Laws of 1907. relative thereto 938
xxxvi Captioin's of the Pubijc Laws.
CHAP. PAGE.
570. An act to protect game aud fish in Buucombe County 939
571. An act taxing dogs in Wal^e County and malving them subjects of
larceny 940
572. An act to protect deer in the counties of Cumberland, Harnett and
Greene 941
573. An act to fix the compensation of county commissioners in Walce
County '. 942
574. An act to amend chapter 703 of the Public Laws of 1905, and also
chapter 942 of the Public Laws of 1907, relating to the salaries
of the officers of Buucombe County 942
575. An act to protect game birds, wild fowl and other game in Davie
County 943
576. An act to prohibit the sale of wines within three miles of Pleasant
Hill Church and Miller Hill Schoolhouse, in Buncombe County, 944
577. An act to amend section 2778, Revisal of 1905. relating to the fees
of the Treasurer of Dare County 944
578. An act to amend chapter 28, section 1506, Revisal of 1905. aud to
fix the time for holding courts in Sampson County 945
579. An act to fix the compensation of the Sheriff of Wake County 946
580. An act to establish police regulations at Money Island Beach, Bogue
Banks, Carteret County 946
581. An act to prohibit the throwing of sawdust in the streams of Polk
County 947
582. An act relating to the sale of real estate for taxes in Wake County, 948
583. An act allowing the people of Rutherfordton Township to vote bonds
for the purpose of macadamizing and amending certain public
roads and streets of said township 948
584. An act to create a criminal term of coiart in Duplin County 952
585. An act to provide for the better regulation of the oyster industry. 953
586. An act to prohibit the fishing of certain nets in Bath Creek, Blount's
Creek, Jordan's Creek, Pungo Creek and Wright's Creek, in Beau-
fort County 955
587. An act to punish drunkenness and profanity in Carteret County, 955
588. An act to increase the pay of jurors in Rockingham County 956
589. An act to construct a road in Qualla Township, in Jackson County, 956
590. An act to protect game and fish in Polk County 957
591. An act to allow convicted prisoners of Caswell County to work on
the county farm 958
592. An act to prescribe the manner of electing the board of commission-
ers for the county of Tyrrell 958
593. An act to amend chapter 726, Public Laws of 1905 959
594. An act to fill vacancies in the office of Sherift of Polk County by
appointment by the Governor 960
595. An act to provide for the appointment of court stenographers for the
Eighth Judicial District of North Carolina 960
596. An act for the relief of W. A. Summers, ex-Sheriff of Iredell County, 962
Captioxs of the Public Laws. xxxvii
CHAP. PAGE.
597. An act to amend section o316 of the Revisal of 1905, relating to tlie
killing of unmarked live stock in the woods or range 063
o9S. An act to regulate the working of the public roads of Duke township
in Harnett Count j- 903
599. An act to amend chapter 111, Public Laws of 1S93, relative to cotton
weigher in Stanly County 904
600. An act to amend chapter 285 of the Public Laws of 1S99, relative to
running sawdust into certain streams in Watauga County 965
601. An act to protect the sanitary condition of certaiii free-school rooms
in Pitt County 965
602. An act to amend section 1882 of the Revisal of 1905, relative to hunt-
ing squirrels in Hertford County 966
€03. An act to amend the primary law of Robeson County 966
60i. An act to amend section 3769 of the Revisal of 1905, relative to wire
fences . . .' 967
605. An act to allow H. D. Dean, ex-SherifC of Macon County, to collect
back taxes 967
606. An act to amend section 2785 of the Revisal of 1905, so as to increase
the per diem of the County Commissioners of Granville Countj^ to
three dollars per day 968
607. An act to appoint an engine inspector for Ashe County 968
608. An act concerning the drawing of jurors in Columbus County 968
609. An act to authorize Bladenboro Township, in Bladen County, to issue
bonds for the improvement of the public roads of the said town-
ship 969
610. An act to define the boundary line between Pasquotank and Camden
counties 973
611. An act to create a recorder's court for Washington County 973
612. An act to protect game in Yadkin County 976
613. An act to regulate the compensation of the county officers of Ruther-
ford County 976
614. An act to amend the Public Laws of 1907, chapter 111, relating to
the hunting and killing of squirrels in Lenoir County 978
615. An act to validate $5,000 of bonds issued by Surry County to erect a
county home 978
616. An act for the protection of foxes in Alamance County 979
617. An act to authorize the boards of commissioners of the several coun-
ties of the State to increase the pensions of Confederate soldiers
and the widows of such, and to authorize said boards to levy a
special tax therefor 979
618. An act to validate certain summons and process returnable to the
next term of the Superior Court of Lee County 980
619. An act to regulate fishing in Atlantic Township, Currituck County. . 981
620. An act relative to huntiiig in Wake County 981
621. An act for the protection of deer in Dare County 982
622. An act to authorize the Board of Commissioners of Cabarrus County
to issue bonds 982
xxxviii Captio]S"S of the Public Laws.
CHAP. PAGE.
623. An act to amend chapter 1005 of the Public Laws of 1007, relating to
court stenograpliers for Nash and Wilson counties 085
624. An act prohibiting the sale of cigarettes within two miles of Guilford
College, Guilford County OSG
625. An act to increase the number of commissioners of Nash County and
to appoint J. A. Williams and R. C. (Jlover commissioners 0S6
626. An act to drain the lowlands of Clark's Creek and its tributaries, in
Lincoln County 0S7
627. An act to authorize the county boards of education of Moore and *
Lee counties to execute to the State Board of Education renewal
notes for moneys borrowed for the purpose of building public-
school houses 906
628. An act to authorize the registers of deeds in the several counties of
the State to appoint deputies 098
620. An act to amend section 3709 of the Revisal of 1005, relating to
fences along public roads 008
630. An 9,ct for the protection of birds in Stanly County 999
631. An act authorizing the commissioners of Gaston County to levy a tax
to supplement the pension fund 999
632. An act to authorize the commissioners of Craven County to levy a
special tax 1000
633. An act to create a recorder's court in Nash County 1000
634. An act for the State Printer to publish the farm bulletins of the
North Carolina Agricultural Experiment Station 1003
635. An act to drain the lowlands of Clark's Creek and its tributaries, in
Catawba County 1004
636. An act to enforce the better drainage of certain lands in Gaston and
Lincoln counties 1013
637. An act to provide fire escapes and protect human life 1015
638. An act relating to macadam roads in Iredell County 1017
630. An act to amend section 1506 of the Revisiffl, relative to the holding
courts in Halifax County 1023
640. An act to authorize the boards of county commissioners of Columbus
and Randolph counties to hire out convicts 1024
641. An act to authorize and empower the Board of Commissioners of For-
syth County to adopt such rules and regulations for enforcing dis-
cipline among prisoners sentenced to work upon the public roads of
Forsyth County as their judgment may indicate, not inconsistent
with the laws of this State 1024
642. An act to amend section 1 of chapter 440 of the Public Laws of 1007,
being an act to authorize the board of county commissioners to
offer rewards in certain cases 1025
643. An act to provide court stenographers for Rowan County 1025
644. An act to create a building committee to direct the construction of a
building or buildings for Cullowhee Normal and Industrial School,
with power to acquire land or lands for the use of said school. . . . 1026
Captions of the Public Laws. xxxix
CHAP. PAGE.
645. An act to amend chapter 28, section 1506. Revisal of 1905, and fix the
time for holding courts in Sampson County 1028
646. An act to provide for a court stenographer for Guilford County. . . . 1028
647. An act to malie the giving of worthless checks, drafts and orders
prima facie evidence of intent to cheat and defraud 1030
648. An act to prevent the destruction of quail or partridges or woodcock
in Cabarrus County until December 1, 1910 1030
649. An act for the relief of the county commissioners of Mecklenburg
County 1031
650. An act to authorize the commissioners of Cleveland County to submit
to the qualified voters of No. 6 Township, in said county, the ques-
tion of issuing $100,000 in bonds for the purpose of grading, macad-
amizing and improving the public roads of No. 6 Township 1031
651. An act to establish a municipal court for the city of Greensboro and
prescribe the jurisdiction thereof 1038
652. An act concerning the working of the public roads of Lincoln County, 1045
653. An act to protect stock in the vicinity of Princeton, Johnston County, 1048
654. An act for the better working and improvement of the roads and pub-
lic highways of the county of Gates, North Cai-olina 1050
655. An act to repeal chapter 84 of the Public Laws of special session of
1908, concerning a road tax for Murphy Township, Cherokee County, 1055
656. An act to prohibit the dumping of sawdust in the streams of .John-
ston County 1055
657. An act to amend chapter 231, Public Laws of 1897. relative to the
working of the public roads in Union County 1056
658. An act to amend section 1046, chapter 18 of the Kevisal of 1905 of
North Carolina 1056
659. An act to amend chapter 648 of the Public Laws of 1905, relating to
the public roads of Edgecombe County 1057
660. An act to pay the Clerk of the Superior Court of Union County a sal-
ary and to make a deputy clerk of said Superior Court ex officio
clerk of the recorder's court and also ex ofjicio clerk of chain-gang
board 1057
661. An act to create a stock-law territory in portions of O'Neal's and
other townships in .Johnston County 1058
662. An act to protect fish in I^otecasi Creek, in Hertford and Northamp-
ton counties 1060
663. An act regulating packing and sale of fish 1060
664. An act to prevent the running of Sunday excursion trains in P>ertie
and Northampton counties 1061
665. An act for the better working of a section of the Dillon Road, in Alli-
gator Township, Tyrrell County 1062
666. An act to amend section .3427 of the Revisal of 1905 of North Caro-
lina, relative to uttering forged paper 1063
667. An act to regulate hunting in Harnett County and for the better pro-
tection of game 1063
D
xl Captions of the Public Laws.
CHAP. PAGE.
668. An act to protect game in Scotland County 1065
669. An act for the relief of sheriffs, ex-sheriffs and tax collectors 1065
670. An act to authorize the Board of Commissioners of Cleveland Count.y
to issue bonds to improve the highways of Cleveland County and
to create a highway commission therein 1006
671. An act to prevent throwing glass and other obstructions in the public
roads in Union County 1074
672. An act to authorize the county commissioners or road supervisors of
Pamlico County to construct a public road 1075
673. An act to authorize the commissioners of Wilkes County to build a
bridge within two miles of Elkville, in Wilkes County 1075
674. An act to amend chapter 114, Public Laws 1907, for the betterment of
public roads of Catawba County.- 1076
675. An act to better protect the game birds in Burke County 1077
676. An act to amend chapter 322 of the Public Laws of 1907, changing
the boundary line of Ahoskie Township, in Hertford County 1077
677. An act to amend section 924, Revisal 1905, permitting clerks of
courts to pay fifty dollars instead of twenty dollars to mothers of
indigent children 1078
678. An act to separate the civil and criminal terms of court for Lenoir
County and to abolish the second week of the December term .... 1078
679. An act to prevent nonresidents who own no land in Graham County
from ranging or grazing stock of any kind in said count.v 1079
680. An act to authorize the Board of Education of Durham County to
provide funds for the erection of a school building 1079
681. An act to authorize the Board of Trustees of Lexington Township to
issue bonds 1080
682. An act to establish the office of Treasurer of Bertie County 1089
683. An act to amend chapter 860, Public Laws 1907, to increase the juris-
diction of the recorder's court, and for other purposes 1089
684. An act for the relief of the inmates of the Soldiers' Home, at
Raleigh 1091
685. An act to authorize the county commissioners of Pender County to
be paid $3 per day for their services 1091
686. An act to allow J. Bis Ray to use the index of the Revisal of North
Carolina of 1905 in a digest of the Supreme Court Reports of
North Carolina 1091
687. An act to amend section 1, cliapter 732 of Laws of 1907, in regard to
the Supreme Court marshal 1092
688. An act to regulate the game law of Wake County 1092
689. An act to amend chapter ratified February 23, 1909, entitled
"An act to prevent the sale of certain commodities at the annual
meeting of the Lower Country Line Primitive Baptist Associa-
tion" 1093
690. An act to amend chapter 630, Public Laws 1905, providing for the
working of the public roads in Jones County 1093
Captions of the Public Laws. xli
CHAP. PAGE.
691. An act to authorize the Board of County Commissioners of Craven
County to build a public road in Nos. 1 and 3 Townships 1094
692. An act to prevent the use of drag nets in certain streams in Pamlico
County 1094
693. An act to prohibit the throwing of sawdust into the creeks and rivers
of Stanly County 1095
694. An act to promote and encourage the raising of quail and other
game birds in Rockingham County 1095
695. An act to repeal section 8073, Revisal of 1905 of North Carolina, and
provide a new section therefor 1096
696. An act to repeal chapter 754, Public Laws of 1907, and chapter 114,
Public Laws, extra session of 190S 1097
697. An act to amend a chapter of the Public Laws of 1909, relative to
•working and repairing the public roads of Montgomery County. . . . 1098
698. An act to protect birds in Yadkin County 1099
699. An act relating to the protection of deer in Scotland and Richmond
counties 1099
700. An act to amend section 2429, chapter 58 of the Revisal of 1905 of
North Carolina : 1100
701. An act to encourage stock raising in Madison County 1100
702. An act to amend section 4445 of the Revisal of 1905, so as to provide
for the better sanitation of court rooms 1101
703. An act to amend chapter 90, Public Laws 1907, relating to the exten-
sion of the time to commute, compromise and settle the public
debt 1101
704. An act to amend chapter 50, sections 2081 and 2089, of the Revisal
of 1905, relating to the marriage ceremony 1102
705. An act to amend section 641 of the Revisal, in reference to the time
of advertisement of real estate sold under execution, deed in trust,
mortgage, etc 1102
706. An act to provide proper sanitary surroundings for the State chari-
table and educational institutions 1103
707. An act to amend section 1051 of the Revisal of 1905, relative to hold-
ing Inquests 1103
708. An act to protect muskrats in Currituck County 1103
709. An act to amend section 573 of the Revisal of 1905, relative to the
docketing of judgments 1104
710. An act to protect game in Pamlico County 1104
711. An act to appoint a committee to investigate debt due shellfish com-
mission 1105
712. An act to amend chapter 286 of the Public Laws of 1899, relative to
working the public roads of Watauga County 1105
713. An act to forbid the sale of certain narcotic drugs to habitues and to
repeal a clause of chapter 77, Acts of 1907 1106
714. An act to incorporate the Alamance Battle Ground Company 1106
715. An act to regulate the hunting of quail, partridges, wild turkeys and
other game birds in Alamance County 1108
xlii Captions of tpie Public Laws.
CHAP. PAGE.
716. An act to amend section 1409 of the Revisal of 1905 IIOS
717. An act to protect game in Bertie County 1109
718. An act to amend chapter 543, Public Laws 1905, relating to the set-
tlement of certain Western North Carolina Railroad construction
bonds 1109
719. An act to prohibit netting and trapping quail in Chatham County. . . 1110
720. An act to provide separate schools for the Indian race in Scotland
County 1110
721. An act to amend section 2, chapter 732 of the Public Laws of 1907,
relative to the salary of the Assistant Librarian of the Supreme
Court 1111
722. An act to provide for the registration of deaths in municipalities of
one thousand population and over in the State of North Carolina . . 1111
723. An act to protect game in Wake County % 1113
724. An act to protect game in Catawba County 1114
725. An act to require the commissioners of Harnett County to elect a
standard keeper for Harnett County 1114
726. An act for the protection of quail and partridges in Sampson
County . . .• 1115
727. An act to appoint a justice of the peace in Iredell County 1115
728. An act to amend section 1884 of the Revisal of 1905, so as to make
the close season in Granville County begin on the first day of
February Instead of the first day of March 1115
729. An act to increase the number of commissioners for Greene County . . 1110
730. An act to amend chapter 21 of the Revisal of 1905, relating to the
dissolution of corporations IIIG
731. An act to appoint P. H. Walker a justice of the peace in Heuderson-
ville Township and J. O. Bell and M. L. Owens justices of the
peace in and for Green River Township, Henderson County, and to
authorize them to appoint special constables, with police powers. . 1117
732. An act to validate certain probates of certain acting justices of the
peace in Northampton County 1118
733. An act to provide for a proper examination and checking-up of State
departments and institutions 1119
734. An act to improve the highways of Rowan County 1119
735. An act to create a recorder's court for the town of Belhaveu and Pan-
tego Township and define the jurisdiction and territory thereof. . . 1120
736. An act for the protection of dogs in Catawba County 1122
737. An act to amend section 1 of chapter 829 of the Public Laws of North
Carolina, 1905, regulating certain official fees and salaries in Meck-
lenburg County 1123
738. An act to amend section 2802 of the Revisal of 1905, relating to pay
of surveyors of Nash and Edgecombe counties 1124
739. An act to give to tl^e courts that are now used in New Hanover
County exclusively for criminal cases civil jurisdiction 1124
740. An act to secure the better drainage of Hoyle's Creek, in Lincoln
and Gaston counties 1124
Captions of the Public Laws. xliii
CHAP. P^«E-
741. An act to ameud chapter 93S, Public Laws 1907, relating to special
tax for public schools in Davidson County 1126
742. An act to protect birds during breeding season in Rockingham
County 1127
743. An act to compromise, adjust and settle the indebtedness of the Uni-
versity to the estate of the late Governor David L. Swain 1127
744. An act to validate certain probates of William L. Knight, a notary
public in and for Northampton County 1128
745. An act to amend chapter 316, Public Laws 1907, relating to the
militia ^^^
746. An act to make the provisions of chapter 699 of the Public Laws 1907
apply to Harnett County 1131
747. An act to provide for the erection of a dormitory at the Colored Or-
phan Asylum at Oxford, North Carolina 1132
748. An act to amend chapter 508, Public Laws of 1907, by adding the
word "Vance." 1132
749. An act to provide for and regulate holding of primary elections in
the county of Warren 1133
750. An act for the relief of H. C. Kearney, Sheriff of Franklin County. . 1135
751. An act for the relief of prisoners in jail in Richmond County wait-
ing trial, allowing them to work the public roads 1136
752. An act to extend State aid to the movement for the erection of a
monument to Henry L. Wyatt 1136
753. An act relating to the control and management of automobiles and
other vehicles upon the public roads and highways of New Han-
over County 1137
754. An act to regulate the construction of barbed-wire fences in Jackson
County 1139
755. An act to protect oysters in Pamlico County 1139
756. An act relating to hunting in Steele's Township, Richmond County,
North Carolina 1140
757. An act to regulate the shooting and sale of certain birds in New Han-
over, Brunswick and Pender counties 1140
758. An act for the protection of game in Gaston and Lincoln counties 1141
759. An act to authorize the Board of Trustees of Cleveland Township,
Johnston County, to sell a tract of one acre of laud belonging to
Cleveland Township 1141
760. An act to amend chapter 675 of the Public Laws of 1907, relative to
the road law of Iredell County 1142
761. An act to enforce the game law in Cleveland County 1142
762. An act to create the office of auditor for Onslow County 1143
763. An act to prevent the throwing or dumping sawdust in North Fork
and its tributaries above the drawbridge in McDowell County 1143
764. An act to regulate hunting and killing game in Halifax County 1144
765. An act to amend section 3382 (a) of the Revisal of 1905, as to plac-
ing sawdust in the tributaries of the South Fork River and other
streams in Burke County 1144
xliv Captions of the Public Laws.
CHAP. PAGE.
766. An act to protect game in Steele's Township in Richmond County . . 1145
767. An act to confer police powers on sheriffs and constables at Sax-
apahaw Mills, Thompson's and Newlin's townships, Alamance
County 1145
768. An act to correct State grant No. 44, issued to Marcus L. Green in
1S71 1146
769. An act to amend section 4145 of the Revisal of 1005 of North Caro-
lina 1147
770. An act for the relief of M. C. Honeycutt, ex-Sheriff of Yancey
County 1147
771. An act to amend chapter 926 of the Public Laws of 1907, relative
to primary elections in Hertford County 1148
772. An act to authorize the commissioners of Gaston County to issue
bonds to defray the expense of the erection of a courthouse or
jail, or both, as they may deem necessary, and for the purchase
of a site or sites for such courthouse and jail, if such board of
county commissioners should deem it necessary 1148
773. An act to authorize the commissioners of Edgecombe County to
fund the debt of the county and levy a special tax to pay the
same 1149
774. An act relating to court stenographer for Lenoir County 1150
775. An act for prohibiting hunting dogs from running at large during
the breeding season of birds 11.51
776. An act to establish the dividing line between the counties of Gaston
and Lincoln 1152
777. An act to allow the ex-Sheriff of Rutherford County to collect arrears
of taxes 1153
778. An act to empower cities.and towns of Lee County to condemn lands
for sewerage systems 1154
779. An act to amend section 4097 of the Revisal of 1905 of North Caro-
lina, relating to the appropriation to the public schools, and also
chapter 674 of the Public Laws of 1907, relating to Confederate
pensions 1154
780. An act to amend section 2776 of Revisal of 1905 and to prescribe
fee of register of deeds for cancelling mortgages, deeds of trust
or other instruments intended to secure the payment of money .... 1155
» 781. An act providing for the construction and keeping in repair the public
roads of Wilkes County 1155
782. An act to fix salaries for certain public officers in Pitt County 1160
783. An act for the relief of Riley Hill Baptist Church 1162
784. An act to increase the pay of jurors in Granville County to two
dollars per day 1162
785. An act to correct the calls in land grant in Ashe County 1162
786. An act to authorize the road commissioners of Monroe Township,
in the county of Union, to issue bonds for the purpose of im-
proving the public roads of said township 1163
Captions of the Public Laws. xlv
CHAP. PAGE.
787. An act supplemental to an act to establish a special criminal court
for the county of New Hanover and to prescribe the jurisdiction
thereof, ratified on the first day of March. 1909 1165
788. An act authorizing the commissioners of Richmond County to com-
pensate the sheriff for expenses incidental to holding courts .... 1166
789. An act relative to compensation of the Clerk of the Superior Court
of Richmond County for keeping minutes of the courts of said
county 1166
790. An act to repeal chapter 61, Public Laws of 1889, in relation to
road certificates and the granting of land in Jackson County.... 1166
791. An act to amend chapter 20, Public Laws 1907, relating to repairs
of public roads of Forsyth County 1167
792. An act relative to the compensation of the Treasurer of Richmond
i County 1167
[793. An act to amend sections 3045, 3058, 3457, 4440, 4442, 4444, 4457,
4460 and 4508 of the Revisal of 1905, relating to the public
health 1167
794. An act relative to advertisement of public sales 1171
795. An act to prevent the indiscriminate manufacture and sale of dupli-
cate switch-lock keys 1171
796. An act to amend section 1708, Revisal of 1905, relative to ad-
vertising lands for sale 1172
797. An act for the relief of the gardener of the Capitol Square 1172
798. An act to aid the law school of the University of North Carolina, 1173
799. An act to repeal chapter 773 of the Public Laws of 1907, relative
to the public roads of Alexander County 1173
800. An act to abolish the special provisions in the Revisal of 1905, re-
lating to negotiable instruments maturing on Saturday, and to
amend sections 2234 and 2296 of the Revisal of 1905 for that
purpose 1173
801. An act to regulate the setting and fishing nets in Neuse and Trent
rivers 1174
802. An act to authorize the Board of Commissioners of Buncombe
County to construct a bridge across the French Broad River.... 1175
803. An act to authorize the Board of Commissioners of Randolph County
to use certain funds for building a new courthouse and bridges, 1180
804. An act to allow the Attorney-General a law clerk 1181
805. An act to change the line between Danbury and Snow Creek town-
ships, Stokes County 1181
806. An act to place the public officers of Henderson County on salary
and to regulate the use and management of the county court-
house 1182
807. An act to authorize and direct sheriffs and other officers to seize and
destroy distilleries and apparatus used in the manufacture of in-
toxicating liquors in violation of the laws of North Carolina 1186
808. An act to amend section 3057 of the Revisal of 1905, relating to the
State Laboratory of Hygiene 1186
xlvi CAPTIOiSrS OF THE PuBLIC LaWS.
CHAP. PAGE.
809. An act autliorizing and empowering the commissioners of Haywood
County to purchase a clock for the courthouse 1188
810. An act to amend section 3769, Revisal of 1905 1189
811. An act to protect growing crops in Richland Township, Beaufort
County , 1189
812. An act to amend section 2798 of the Revisal of 1905 1189
813. An act to regulate pay of jurors for Dare County .- 1190
814. An act authorizing the commissioners of Nash County to" issue bonds
for Castalia Township for the purpose of aiding in the construc-
tion of a railroad to Castalia 1190
815. An act to amend section 3733 of the Revisal of 1905, in regard to
public drunkenness 1193
816. An act to divide the Board of County Commissioners of New Han-
over County into two classes 1193
817. An act to establish a reformatory or manual-training school for the
detention and reformation of the criminal negro youth of the State, 1194
818. An act to amend chapter 432 of the Public Laws of 1907, entitled
"An act providing for the better construction and keeping in re-
pair the public roads of Wayne County" 1198
819. An act relating to the construction of a public road in Tyrrell County, 1200
820. An act to provide for the cleaning-out of the head of Pungo River,
digging a canal for the drainage of the land around the head of
said river and on either side of same, and building a public road
for the benefit of the people living at the head of said river and on
either side 1201
821. An act to repeal chapter 389, Public Laws of 1903, so as to include
/ J. A. Stamper and his farm in Wilkes County 1205
'822. An act to amend chapter 674 of the Public Laws of 1907 1206
823. An act to abolish the March term of the Superior Court of Moore
County 1206
824. An act for the better enforcement of the game laws in Catawba and
Martin counties 1206
825. An act to amend subsection 1 of section 28 of Revisal of 1905 of
North Carolina, about executors qualifying 1207
826. An act for the relief of the janitor of the Capitol 1207
827. An act to amend chapter 457 of the Public Laws of 1907, relating to
the election of directors of corporations 1208
828. An act to amend chapter 722, Acts of 1905. relating to hogs running
at large in Dare County 1208
829. An act to amend chapter 108 of the Public Laws of the extra session
of 1908, relative to the open season for quail hunting in Greene
County 1209
830. An act to allow the people of Craven County or the people of the sev-
eral townships of said county to vote bonds for the purpose of
building, amending and improving, by macadamizing or otherwise,
the public roads and streets in said county and townships 1209
Captions of the Public Laws. xlvii
CHAP. PAGE.
831. An act to prevent boards of directors of State institutions from elect-
ing one of their number to any jjosition under their control 1214
832. An act for the separation of white and colored prisoners in the State
penitentiary and in the county jails and convict camps during
sleeping and eating hours 1215
833. An act to provide for the construction, repair and maintenance of
the public roads of Nashville Township, Nash County 1215
834. An act to amend chapter 59, Public Laws, extra session 1908, to com-
pel attendance of Indians at school 1224
835. An act to amend chapter 77, Revisal of 1905, entitled "Weights and
Measures" 1224
836. An act to amend section 3471 of the Revisal of 1905, relative to ship-
/ping certain birds from the State 1225
837. An act to assist poor and indigent children to procure necessary
schoolbooks 1225
838. An act to authorize the townships of Randolph County to issue bonds
for the permanent improvement of their public roads 1226
839. An act to provide necessary clerical help to the insurance depart-
ment 1230
840. An act for the better enforcement of the game law in certain coun-
ties 12.30
841. An act to regulate fishing on the Cape Fear River and its tributaries
and to prevent the use of dutch and pound nets 1232
842. An act to amend chapter 224, Public Laws 1907, relative to working
prisoners on roads at their own request 1233
843. An act to amend section 3733 of the Revisal of 1905 1233
844. An act to promote highways in Mars Hill Township 1233
845. An act to amend chapter 964 of the Public Laws of 1907 1241
846. An act to improve the highways in Halifax County 1242
847. An act to prevent the depredation of domestic fowls 1248
848. An act to amend chapter 213 of the Public Laws of 1905, to compel
attendance of Indians at school 1248
849. An act to regulate the compensation of the county officers of Cleve-
land County 1249
850. An act to regulate the holding of primaries and primary elections in
Union County 1251
851. An act to amend chapter 850 of the Public Laws of 1907, in reference
to the separation of races in street cars 1256
■" — 852. An act to repeal chapter 924 of the Public Laws of 1907, relative to
the encouragement of immigration 1257
,853. An act to amend section 16S9 of the Revisal of 1905, relative to con-
tracts known as "futures" 1257
854. An act to prevent the burning of boats 1257
855. An act to amend chapter 464 of the Public Laws of 1907 1258
856. An act to amend section 4129 of the Revisal of 1905 of North Caro-
lina, relating to the formation of school districts 1258
857. An act to require employers of female employees to provide seats
therefor 1258
xlviii Captions of the Public Laws.
CHAP. PAGE.
858. An act to prevent blacklisting of employees 1259
859. An act to validate certain deeds and conveyances of corporations
prior to January 1, 1900 1260
860. An act to amend section 5006 of the Revisal of 1905, so as to provide
that the Keeper of the Capitol shall employ servants for the Execu-
tive Mansion 1260
861. An act to amend chapter 792, Public Laws of 1907, relating to the
Dunn Road District 1261
862. An act to amend section 3340 of the Revisal of 1905, relative to the
burning of houses 1262
863. An act to change the line between College Hill and Mount Prospect
Graded-school districts, in Union County 1262
864. An act to provide for the holding of Superior Courts in the Eighth
Judicial District 1263
865. An act to amend section 3803 of the Revisal of 1905 1264
866. An act to compel express companies to make prompt settlements of
cash-on-delivery shipments 1265
867. An act to preserve the integrity of the ballot and prevent election
frauds in New Hanover County 1265
868. An act to amend section 1980 of the Revisal of 1905 1273
869. An act to separate the civil and criminal terms of court for Lenoir
County and to abolish the second week of the December term .... 1273
870. An act to create the State Association of County Commissioners of
North Carolina 1274
871. An act to promote the cultivation of the oyster in North Carolina . . . 1276
872. An act to amend section 3657 of the Revisal of 1905, relating to
escapes 1280
873. An act to establish a library commission 1281
874. An act to define the residence of a domestic corporation 1282
875. An act relative to advertisement of public sale 1283
876. An act to provide for legalizing primary elections for the county of
Cumberland 1283
877. An act to give authority to the Board of Road Commissioners of For-
syth County to expend part of the road funds within cities and
towns of the county 1289
878. An act prescribing the time for holding the courts of the Sixth Judi-
cial District 1289
879. An act to regulate the catching of clams in Brunswick, New Hanover
and Pender counties 1290
880. An act to protect State property from destruction by fire 1290
881. An act to amend chapter 101 of the Revisal of 1905, and to protect
the State's interest by authorizing the Board of Internal Improve-
ments to require and take sufiicient bonds of contractors on public
works and buildings 1291
882. An act to amend chapter 825 of the Public Laws of 1907. for the pro-
tection of birds in Rutherford County 1292
883. An act to amend chapter 399 of the Public Laws of 1907, relating to
primaries in Scotland County 1292
Captions of the Public Laws. xlix
CHAP. . PAGE.
884. An act to prevent the forfeiture of a life policy without notice 1293
885. An act to establish a special criminal court in city of New Bern and
in Seventh and Eighth townships, and to prescribe the jurisdic-
tion thereof 1294
886. An act relating to appeals from justices of the peace in civil actions, 1301
887. An act relating to the compensation of the employees in the office of
State Librarian 1301
888. An act to make the twelfth day of April of each year a legal holiday,
in commemoration of the "Halifax Resolutions" 1302
889. An act to prohibit the sale of liquors within two miles of Hopewell
Methodist Episcopal Church, South, in Sampson County 1302
890. An act to change the boundary line between the counties of Vance
and Franklin 1303
891. An act to change section 3T4G of the Revisal of 1905, relating to tres-
pass, in order to afford better protection to the lands of the State
Board of Education 1308
892. An act to establish the stock law in Lee County 1304
893. An act to prohibit the sale of wine, cider or any intoxicating liquors
within three miles of East Arcadia, in Bladen County 1304
894. An act to amend sections 4314 and 4353 of the Revisal of 1905, re-
lating to election returns 1305
895. An act to protect rainbow and mountain trout in the streams of
western North Carolina 1305
896. An act to amend section 1699 of the Revisal of 1905 of North Caro-
lina, in regard to the validity of grants 1306
897. An act to validate marriages heretofore solemnized by unordained
ministers of the gospel 1306
898. An act to amend section 3890 of the Revisal of 1905, relative to build-
ing and loan associations 1307
899. An act to amend chapter 66. volume 1, Revisal of 1905, relating to
the Board of Public Charities 1307
900. An act to amend chapter 368, Public Laws of 1907, entitled "An act
to prevent the manufacture or sale of adulterated, misbranded,
poisonous or deleterious foods, drugs, medicines or liquors" 1308
901. An act to allow foreign executors in certain cases to convey land in
this State without giving bond 1308
902. An act to amend chapter 191 of the Public Laws of 1907, it being "An
act to provide for the care of the mental defectives of the State," 1309
903. An act to enlarge the State Hospital for the dangerous insane 1310
904. An act for the better protection of schools in Cumberland County . . . 1310
905. An act to amend section 10 of chapter 276 of the Public Laws of
1907, in reference to collecting certain taxes in Nortliami)ton
County 1311
906. An act supplementary to an act passed by the j^resent General Assem-
bly entitled "An act to amend chapter 948 of the Laws of 1907, rel-
ative to fish" (H. B. 1513, S. B. 1397) 1311
1 Captions of the Public Laws.
CHAP. PAGE.
907. An act to amend c-hapter 28 of the Revisal of 1905, section 1.506, rel-
ative to the trial of civil cases 1312
90S. An act to prevent the sale of "near beer," "star beer," "bull head"
and other intoxicants within a radius of one and one-half miles of
the Methodist Church in the town of Bailey's, Nash County 1312
909. An act to prevent persons hunting upon the lands of another in
Grove Township and Averysboro Township, in Harnett County,
without written permission 1313
910. An act to require all white epileptics of the State to be accom-
modated, maintained, cared for and treated at the State Hospital
at Kaleigh 1313
911. An act to amend sections 224 and 230 of chapter 7 of the Revisal
of 1905 1314
912. An act regulating the hunting of foxes in Wayne County 1314
913. An act to fix salaries for the officers of Craven County and to
create "the office of auditor of Craven County 1315
014. An act supplemental to an act ratified on the second day of March,
1909, and entitled "An act to provide for the working of the
public roads of Robeson County and to levy a tax for the same".,. 1319
r915. An act to promote and stimulate the construction of improved
roads in North Carolina 1320
916. An act to amend chapter 210 of the Public Laws of 1905, relative to
the election of the Highway Commission of Yalleytowu Township,
in Cherokee County 1320
917. An act to amend section ISO of the Revisal of 1905 1321
91S. An act to amend the law relating to assignments for the benefit
of creditors 1322
919. An act to amend an act of the General Assembly, session 1909,
entitled "An act to preserve the integrity of the ballot and prevent
election frauds in New Hanover County" 1323
920. An act to regulate the approval and safe-keeping of securities
deposited under section 47S0 of the Revisal of 1905 1324
921. An act supplemental to an act ratified March 2, 1909, being "An
act to provide for the working of the public roads of Robeson
County and to levy a special tax for the same" 1325
922. An act to amend chapter 100 of the Revisal of 1905, relating to
domestic insurance companies 1326
923. An act to require fire insurance companies to make deposits with
the Insurance Commissioner in the State of North Carolina for
the protection of their contracts 1328
924. An act to prevent and punish the sale or offering for sale of
adulterated, impure or misbranded agricultural and vegetable
seed and those lacking viability 1331
925. An act to confer police powers on deputy sheriffs at Steel's Mills,
Pee Dee Mill No. 1, Pee Dee Mill No. 2, Robedel Mill No. 1,
Robedel Mill No. 2 and Hannah Pickett Mills, in Richmond County,
and to protect property and preserve the peace of said village. . . . 13.36
CAPTIONS
OF THE
RESOLUTIONS,
SESSION 1909.
PAGE.
Joint resolution to hear tlie Governor's message 1339
Resolution for joint session to open returns for State officers 1339
Resolution in favor of J. A. Lisli 1340
Resolution reserving the east portico of the Capitol for guests of the
members of the General Assembly during the inaugural ceremonies, 1340
Resolution to print two thousand copies of inaugural address of Hon.
W. W. Kitchin 1340
< Joint resolution of the Senate and House of Representatives relative
to the election of a United States Senator 1340
Joint resolution for celebration of General Lee's birthday 1341
A resolution to pay expenses of Dr. Bolton and Dr. J. R. Gordon to
Tuberculosis Convention at Charlotte 1341
Resolution of.thanks to the president and student body of the University
of North Carolina 1341
Joint resolution of the Senate and House of Representatives consenting
that the University of North Carolina be embraced within the benefits
of the Carnegie Foundation Fund 1342
Joint resolution of sympathy to Italy , 1343
A joint resolution to pay the expenses of the Joint Subcommittee of the
Senate and House on Insane Asylums which visited the hospital at
Morganton 1344
A joint resolution relative to the payment of expenses incurred by the
Inaugural Committee, as provided by House Resolution 7, Senate Reso-
lution 1 1344
A joint resolution in favor of T. N. Hayes 1345
A joint resolution relative to paying the expenses of the Subcommittee
on Insane Asylums 1345
Resolution to pay expenses of Subcommittee on Deaf and Dumb which
visited the Institute at Morganton 134G
Joint resolution to pay expenses of joint subcommittee of Senate and
House committees on education which visited the State Normal and
Industrial College and the East Carolina Teachers' Training School at
Greenville 134G
lii Captions of the Resolutions.
PAGE.
Resolution iustrncting our Seuators and Representatives in Congress
to favor the passage of "An act for the relief of disabled members of
y the United States Life-saving Service" ■ 1347
Resolution to pay expenses of Subcommittee on Deaf and Dumb which
visited the Institute at Morganton 134S
A joint resolution relative to the compensation of Julian Timberlake,
Jr., chief page of the Senate, session of 1907 1348
Resolution to pay the expenses of the special committee for visiting
and examining the State Hospital for Tuberculosis at Montrose, North
Carolina 1349
Joint resolution to provide more lights in the Capitol 1350
Resolution of thanks to Mr. John Blue and Mr. Tuft 1350
Resolution to pay Miss A. "V. Morel for services as stenographer to Com-
mittee on Privileges and Elections 1350
Resolution to pay members of the Committee on Penal Institutions 1351
Resolution providing for the election of trustees of the University of
North Carolina 1351
Resolution relative to the election of a trustee of the University in place
of George W. Connor, who has resigned 1851
A joint resolution relating to the promotion of the fishery industries of
North Carolina 1352
Resolution on behalf of the clerks of the House and Senate 1353
Resolution to pay George C. Fisher for services rendered at special
session of the General Assembly of 1908 1353
A resolution to pay W. A. Thompson for services rendered as a clerk
to the Committee on Privileges and Elections 1354
Joint resolution relative to the compensation of pages 1354
A resolution to pay the expenses of Charles T. Williams, contestee in
the contest of D. M. Stringfield for a seat in the House of Representa-
tives 1355
Joint resolution in favor of Mrs. S. J. Hayes, a widow, the mother
of T. N. Hayes, late member of the House of Representatives from
Wilkes County 1355
Resolution in favor of Bartlett Y. Hilliard, a Confederate pensioner 1356
Joint resolution authorizing the Board of Directors of the North Caro-
lina Soldiers' Home to purchase suits or uniforms of Confederate gray
for the old soldiers at the Soldiers' Home 1356
Joint resolution relative to establishing a coaling station at Southport.
North Carolina 1357
Resolution concerning certain employees of the General Assembly 1361
A resolution in the interest of certain clerks of the General Assembly. . 1361
Resolution concerning clerks to the committees 1362
A resolution to pay the costs incurred by the special committee appointed
to consider the report of the Auditing Committee of the last General
Assembly 1362
Joint resolution for the relief of Capt. W. S. Lineberry 1363
Captions of the Resolutions. liii
PAGE.
Joint resolution providing contingent appropriation for maintenance
of the Central Hospital at Raleigh 1363
A resolution to pay the expenses of D. M. Stringfield, contestant for a
seat in the House of Representatives 1364
Resolution in favor of W. P. Burrus 1364
Joint resolution to purchase sets of Pell's Revisal of 1908 for use of
courts. State ofBcers and General Assembly 1365
Joint resolution relative to making the State Capitol a safe place to
work 1365
Resolution in regard to the higher education of the blind 1366
Joint resolution by the Senate and House of Representatives petitioning
the L'nited States Congress to make survey of Scuppernong River. . . . 1367
Resolution concerning freight rates 1367^
A resolution for the relief of N. G. Phillips, a laborer 1368
A resolution relating to election of directors of sanatoriums for treat-
ment of tuberculosis 1368
.Joint resolution appointing J. A. Mitchener a member of the H. L.
"Wyatt Monument Advisory Committee 1368
Joint resolution of thanks to Capitol Club 1369
Joint resolution relating to laud titles, etc 1369
Resolution as to adjournment 1369
CONSTITUTION
STATE OF NORTH CAROLINA.
PREAMBLE.
We, tlie people of the State of North Carolina, grateful to Almighty Preamble.
God, the Sovereign Ruler of Nations, for the preservation of the
American Union, and the existence of our civil, political and religious,
liberties, and acknowledging our dependence upon Him for the con-
tinuance of those blessings to us and our posterity, do for the more
certain security thereof, and for the better government of this State,
oi'dain and establish this Constiution:
ARTICLE I.
DECLARATION OF KIGHTS.
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 certain ^'^ ^ '^ ° "'^"'
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, the Political power
people ; all government of right originates from the people, is founded
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 and Internal govern-
1 • ■ 1 i. c , f i, • i 1 ^ J T ment of the State.
exclusive right of regulating the internal government and police
thereof, and of altering and abolishing their Constitution and form of
government whenever it may be necessary for their safety and happi-
ness ; but every such right should be exercised in pursuance of law,
and consistently with the Constitution of the United States.
Sec. 4. That this State shall ever remain a member of the Ameri- That there i.s no
can Union; that the people thereof are a part of the American"^
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.
Pub.— 1
Constitution of ISToeth Carolina.
Of allegiance to
the U. S. govern-
ment.
Public debt.
Bonds issued un-
der ordinance of
Convention of
1S6S and under
acts of 1S6S, 1S6S-
'9, lS69-'70, de-
clared invalid.
Exception.
Exclusive emolu-
ments, etc.
The legislative,
«xecutive and ju-
dicial powers dis-
tinct.
Of the power of
suspending laws.
Elections free.
In criminal pros-
ecutions.
Answers to crimi-
nal charges.
Right of jury.
Excessive bail.
Sec. 5. That every citizen of this State owes paramount allegiance
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 col-
lection 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 As-
sembly assume or pay, or authorize the collection of any tax to pay,
either directly or indirectly, expressed or implied, any debt or bond
incurred, or issued, by authority of the Convention of the year one
thousand eight hundred and sixty-eight, nor any debt or bond in-
curred or issued by the Legislature of the year one thousand eight
hundred and sixty-eight, at its special session of the year one thou-
sand 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
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 separate
emoluments or privileges from the community but in consideration
of public services.
Sec. S. 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 laws, or the execution of laws, by
any authority, without the consent of the representatives of the peo-
ple, is injurious to their rights, and ought not to be exercised.
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 ac-
cusers and witnesses with other testimony, and to have counsel for
his defense, and not to be compelled to give evidence against 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,
except as hereinafter allowed, but by indictment, presentment or im-
peachment.
Sec. 13. No person shall be convicted of any crime but by the
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 fines
imposed, nor cruel or unusual punishments inflicted.
Constitution of ISToetii Carolina. 3
Sec. 15. General warrants, whereby any officer or messenger may General warrants.
be commanded to search suspected phices, without evidence of the
act committed, or to seize any person or persons not named, whose
offense Is not particularly described and supported by evidence, are
dangerous to liberty and ought not to be granted.
Sec. 1G. There shall be no imprisonment for debt in this State, Imprisonment for
„ ^ -. debt.
except in cases of fraud.
Sec. 17. No person ought to be taken, imprisoned, or disseized of No person to be
... i, -, ., , . taken, etc., but by
his freehold, liberties or privileges, or outlawed or exiled, or m any law of the land.
manner deprived of his life, liberty or property, but by the law of the
land.
Sec. 18. Every person restrained of his liberty is entitled to a Persons restrained
of liberty
remedy to enquire into the lawfulness thereof, and to remove the
same, if unlawful ; and such remedy ought not to be denied or de-
layed.
Sec. 19. In all controversies at law respecting property, the an- Controversies at
„ , , . , , law respecting
cient mode of trial by jury is one of the best securities of the rights property.
of the people, and ought to remain sacred and inviolable.
Sec. 20. The freedom of the press is one of the great bulwarks of Freedom of the
. press.
liberty, and therefore ought never to be restrained, but every indi-
vidual shall be held responsible for the abuse of the same.
Sec. 21. The privileges of the writ of M'beas corpus shall not be Habeas corpus.
suspended.
Sec 22. As political rights and privileges are not dependent upon, Property qualifi-
cation.
or modified by, property, therefore no property qualification 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
subject to the payment of any impost or duty, without the consent
of themselves, or their representatives in General Assembly freely
given.
Sec 24. A well-regulated militia being necessary to the security of Militia and the
" , „ ^ right to bear arms.
a free State, the right of the people to keep and bear arms shall not
be infringed ; and, as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up, and the military should be
kept under strict subordination to, and gpverued by, the civil power.
Nothing herein contained shall justify the practice of carrying con-
cealed weapons, or prevent the Legislature from enacting penal
statutes against said practice.
Sec 25. The people have a right to assemble together to consult Right of the peo-
for their common good, to instruct their representatives, and to apply together.
to the Legislature for redress of grievances. But secret political
societies are dangerous to the liberties of a free people, and should
not be tolerated.
Sec 2G. All men have a natural and inalienable right to worship Religious liberty.
Almighty God according to the dictates of their own consciences, and
no human authority should, in any case whatever, control or interfere
with the rights of conscience.
Constitution of Noktii CakoliNx\.
Education.
Elections should
be frequent.
Recurrence to
fundamental
principles.
Hereditary emolu-
ments, etc.
Perpetuities, etc.
Ex post facto
laws.
Slavery prohib-
ited.
State boundaries.
Courts shall be
open.
Soldiers in time of
peace.
Other rights of the
people.
Sec. 27. The people have the right to the privilege of education,
and it is the duty of the State to guard and maintain that right.
Sec. 28. For redress of grievances, and for amending and strength-
ening the laws, elections should be often held.
Sec. 29. A frequent recurrence to fundamental principles is abso-
lutely 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 op-
pressive, unjust and incompatible with liberty ; wherefore no ex post
facto law ought to be made. No law taxing retrospectively sales,
purchases, or other acts previously done, ought to be passed.
Sec. 33. Slavery and involuntary servitude, otherwise 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 re-
main as they now are.
Sec. 35. All courts shall be open ; and every person for an injury
done him in his lands, goods, person or reputation, shall have remedy
by due course of law, and right and justice administered without
sale, denial or delay.
Sec. 36. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner ; nor in time of war but In a
manner prescribed by the law.
Sec. 37. This enumeration of rights shall not be construed to im-
pair or deny others retained by the people ; and all powers not herein
delegated remain with the people.
ARTICLE II.
legislative department.
Two branches.
Time of assem-
bling.
Number of sena-
tors.
Regulations in
relation to dis-
tricting the State
for senators.
Section 1. The legislative authority shall be vested in two distinct
branches, both dependent on the people, to-wit, a Senate and House
of Representatives.
Sec. 2. The Senate and House of Representatives shall meet bien-
nially on the first Wednesday after the first Monday in January
next after their election ; and, when assembled, shall be denominated
the General Assembly. Neither house shall proceed upon public busi-
ness unless a majority of all the members are actually present.
Sec. 3. The Senate shall be composed of fifty Senators, biennially
chosen by ballot.
Sec. 4. The Senate Districts shall be so altered by the General As-
sembly, at the first session after the return of every enumeration by
order of Congress, that each Senate District shall contain, as near
Co^iTSTITUTION OF NOKTH CaKOLINA. 5
as may be, an equal number of inhabitants, excluding aliens and
Indians not taxed, and shall remain unaltered until the return of
another enumeration, and shall at all times consist of contiguous ter-
ritory ; and no county shall be divided in the formation of a Senate
District, unless such county shall be equitably entitled to two or more
Senators.
Sec. 5. The House of Representatives shall be composed of one Regulations in
hundred and twenty Representatives, biennially chosen by ballot, to porti'onment^of
be elected by the counties respectively, according to their population, representatives,
and each county shall have at least one representative in the House
of Representatives, although it may not contain 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. G. In making the apportionment in the House of Representa- Ratio of represen-
tlves, the ratio of representation shall be ascertained by dividing the
amount of the population of the State, exclusive of that compre-
hended within those counties which do not severally contain the one
hundred and twentieth part of the population of the State, by the
mtmber of Representatives, less the number assigned to such coun-
ties ; 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 Representa-
tives, and so on progressively, and then the remaining Representa-
tives shall be assigned severally to the counties having the largest
fractions.
Sec. 7. Each member of the Senate shall not be less than twenty- Qualifications for
five years of age, shall have resided in the State as a citizen 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 Qualifications for
qualified elector of the State, and shall have resided in the county representatives.
for which he is chosen for one year immediately preceding his elec-
tion.
Sec. 9. In the election of all officers, whose appointment shall be Election of offi-
conferred upon the General Assembly by the Constitution, the vote ^^^^
shall be viva voce.
Sec. 10. The General Assembly shall have the power to pass gen- Powers in rela-
eral laws regulating divorce and alimony, but shall not have power and afimony.*^^
to grant a divorce or secure alimony in any individual case.
Sec. 11. The General Assembly shall not have power to pass any Private laws in
private law to alter the name of any person, or to legitimate any of persons, eta ^^
person not born in* lawful wedlock, or to restore to the rights of citi-
zenship any person convicted of an infamous crime, but shall have
power to pass general laws regulating the same.
Constitution of Nokth Cakolina.
Thirty days' no-
tice shall be given
anterior to pas-
sage of private
laws.
Vacancies.
Revenue.
Entails.
Journals.
Protest.
Officers of the
House.
Pre.'iident of the
Senate.
Other senatorial
officers.
Style of the acts.
Powers of the
General Assem-
bly.
Bills and resolu-
tions to be read
three times, etc.
Oath of members.
Sec. 12. The General Assembly shall not pass any private law,
unless it shall be made to appear that thirty days' notice of applica-
tion 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 Gov-
ernor 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 indirectly, 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 man-
ner 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 pro-
test against any act or resolve, which he may think injurious to the
public, or any individual, and have the reasons of his dissent entered
on the journal.
Sec. 18. The House of Representatives shall choose their own
Speaker and other officers.
Sec. 19. The Lieutenant-Governor shall preside in the Senate, but
shall have no vote unless it may be equally divided.
Sec. 20. The Senate shall choose its other officers and also a
Speaker (pro tempore) in the absence of the Lieutenant-Governor, or
when he shall exercise the office of Governor.
Sec. 21. The style of the acts shall be : "The General Assembly of
North Carolina do enact."
Sec. 22. Each house shall be judge of the qualifications and elec-
tion of its own members, shall sit upon its own adjournment from
day to day, pi'epare bills to be passed into laws : and the 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
read three times in each house, before they pass into laws ; and
shall be signed by the presiding officer of both houses.
Sec. 24. Each member of the General Assembly, before taking his
seat, shall take an oath or affirmation that he will support the Con-
stitution and laws of the United States, and the 'Constitution of the
State of North Carolina, and will faithfully discharge his duty as a
member of the Senate or House of Representatives.
Constitution of ISTokth Carolina. 7
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 elec-
tion.
Sec. 26. Upon motion made and seconded in either house bj' one- Yeas and nays-
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 shall Election for
be held for the respective districts and counties, at the places where General Assembly.
they are now held, or may be directed hereafter to be held, in such
manner as may be prescribed by law, on the first Thursday in Au-
gust, in the year one thousand eight hundred and seventy, and every
two years thereafter. But the General Assembly may change the
time of holding the elections.
Sec. 28. The members of the General Assembly for the term for pay of members
which they have been elected shall receive as a compensation for Gene*ral^Assembly^
their services the sum of four dollars per day for each day of their
session, for a period not exceeding sixty days ; and should they re-
main longer in session they shall serve without compensation. They
shall also be entitled to receive ten cents per mile, both while coming
to the seat of government and while returning home, the said dis-
tance 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 per day and mileage. Should an extra session of the Extra session.
General Assembly be called, the members and presiding officers shall
receive a like rate of compensation for a period not exceeding twenty
days.
ARTICLE III.
executive department.
Section 1. The Executive Department shall consist of a Governor, Officers of the
in whom shall be vested the supreme executive power of the State, a ment!^^'^ '^ Depart-
Lieutenant-Governor, a Secretary of State, an Auditor, 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 Terms of office,
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 next after their election,
and continue until their successors are elected and qualified : Pro-
vided, that the officers first elected shall assume the duties of their
office ten days after the approval of this Constitution by the Congress
of the United States, and shall hold their offices four years from and
after the first day of January.
Sec. 2. No person shall be eligible as Governor or Lieutenant-Gov- Qualifications of
ernor unless he shall have attained the age of thirty years, shall have Li^eiftenant-"^^
been a citizen of the United States five years, and shall have been a Governor.
resident of this State for two years next before the election ; nor
shall the person elected to either of these two offices be eligible to
Constitution of North Carolina.
Returns of elec-
tions.
Oath of office for
Governor.
Duties of Gov-
ernor.
Reprieves, com-
mutations and
pardons.
Annual reports
from officers of
Executive De-
partment and of
public institu-
tions.
Commander in
chief.
Extra sessions of
•General Assembly,
the same office more than four years in any term of eight years, un-
less 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 Executive
Department shall be sealed up and transmitted to the seat of govern-
ment 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 number of votes respec-
tively shall be declared duly elected ; but if two or more be equal
and highest in votes for the same office, the one of them shall be
chosen by joint ballot of both houses of the General Assembly. Con-
tested elections shall be determined 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 Gen-
eral Assembly, or before any Justice of the Supreme Court, take an
oath or affirmation that he will support the Constitution and laws
of the United States, and of the State of North Carolina, and that
he will faithfully perform the duties- appertaining to the office of
Governor, to which he has been elected.
Sec. 5. The Governor shall reside at the seat of government of this
State, and he shall, from time to time, give the General Assembly
information of the affairs of the State, and recommend to their con-
sideration such measures as he shall deem expedient.
■ Sec. 6. The Governor shall have power to grant reprieves, coramu-
tatious and pardons, after conviction, for all offences (except in cases
of impeachment), upon such conditions as he may think proper, sub-
ject to such regulations as may be provided by law relative to the
manner of applying for pardons. He shall biennially communicate
to the General Assembly each case of reprieve, commutation or par-
don granted, stating the name of each convict, the crime for which
he was convicted, the sentence and its date, the date of the commu-
tation, pardon or reprieve and the reasons therefor.
Sec. 7. The officers of the Executive Department and of the public
institutions of the State shall, at least five days previous to each
regular session of the General Assembly, severally report to the
Governor, who shall transmit such reports with his message to the
General Assembly ; and the Governor may, at any time, require in-
formation in writing from the officers in the Executive Department
upon any subject relating to the duties of their respective offices, and
shall take care that the laws be faithfully executed.
Sec. 8. The Governor shall be Commander in Chief of the militia
of the State, except when they shall be called into the service of the
United States.
"Sec 9. The Governor shall have power, on extraordinary occa-
sions, by and with the advice of the Council of State, to convene the
CoxsTiTUTio::^^ of jSToeth Cakolina. 9
General Assembly in extra session by bis proclaination, stating there-
in tbe purpose or pui'poses for which they are thus convened.
Sec. 10. The Governor shall nominate and, by and with the advice Officers whose
and consent of a majority of the Senators-elect, appoint all officers not otlierwise
whose offices are established by this Constitution and whose appoint- pro'^''ded for.
ments are not otherwise provided for.
Sec. 11. The Lieutenant-Governor shall be President of the Senate, Duties of the
but shall have no vote unless the Senate be equally divided. He ernor.
shall, whilst acting as President of the Senate, receive for his ser-
vices 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.
Sec. 12. In case of the impeachment of the Governor, his failure incase of im-
to qualify, his absence from the State, his inability to discharge the Governor, or va-
duties of his office, or, in case the office of Governor shall in anywise ^^^ih or^'resigna^
become vacant, the powers, duties and emoluments of the office shall tion.
devolve upon the Lieutenant-Governor until the disability shall cease
or a new Governor shall be elected 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 Gov-
ernor until the disabilities are removed, or a new Governor or Lieu-
tenant-Governor shall be elected and qualified. Whenever, during 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 Presi-
dent.
Sec 13. The respective duties of the Secretary of State, Auditor, Duties of other
Treasurer, Superintendent of Public Instruction, and Attorney-Gen- e^^^^^^^^ officers.
eral shall be prescribed by law. If the office of any of said officers
shall be vacated by death, resignation or otherwise, it shall be the
duty of the Governor to appoint another until the disability be re-
moved or his successor be elected and qualified. Every such vacancy
shall be filled by election at the first general 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 Superin- Council of State.
tendent of Public Instruction shall constitute, ex ofTicio, the Council
of State, who shall advise the Governor in the execution of his of-
fice, and three of whom shall constitute a quorum. Their advice and
proceedings in this capacity shall be entered in a journal to be kept
for this purpose exclusively, and signed by the members present,
from any part of which any member may enter his dissent; and
such journal shall be placed before the General Assemblv when
10
Constitution of ISToktii Carolina.
Compensation of
executive oflQcers.
Seal of State.
Department of
Agriculture, Im-
migration and
Statistics.
called for by either bouse. The Attoruey-Geutrul shall be, ex officio,
the legal adviser of the Executive Department.
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 for 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 kei)t by
the Governor, and used by him as occasion may require, and shall
be called "The Great 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 countersigned by the
Secretary of State.
Sec. 17. The General Assembly shall establish a Department of
Agriculture, Immigration and Statistics, under such regulations as
may best promote the agricultural interests of the State, and shall
enact laws for the adequate protection and encouragement of sheep
husbandry.
ARTICLE IV.
Abolisiies the dis-
tinction between
actions at law
and suits in
equity.
Feigned issues
abolished.
Division of judi-
cial powers.
Trial Court of
Impeachment.
Impeachment.
Treason against
the State.
JUDICIAL DEPARTMENT.
Section 1. The distinctions between actions at law and suits in
equity, and the forms of all such actions and suits, shall be abol-
ished ; and there shall be in this State but one form of action for the
enforcement or protection of private rights or the redress of private
wrongs, which shall be denominated a 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 punishment of the same, shall
be termed a criminal action. Feigned issues shall also be abolished,
and the fact at issue tried by order of court before a jury.
Sec. 2. The judicial power of the State shall be vested in a Court
for the Trial of Impeachments, a Supreme Court, Superior Courts,
Courts of Justice 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
Senate. A majority of the members shall be necessary to a quorum,
and the judgment shall not extend beyond removal from, and dis-
qualification 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 power
of impeaching. No person shall be convicted without the concur-
rence 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 war
against it, or adhering to its enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of
Constitution of North Carolina. 11
two witnesses to the same overt act, or ou confession 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
Justices.
four Associate Justices.
Sec. 7. The terms of the Supreme Court shall be held in the city Terms of the Su-
.-,-,, ^, ^ , . preme Court,
of Raleigh, as now, unless otherwise provided by the General As-
sembly.
Sec. 8. The Supreme Court shall have jurisdiction to review, upon Jurisdiction of
-■ . . ^ ^, ill ij. £ 1 Supreme Court,
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 fact" shall be the same exercised by it before
the adoption of the Constitution of one thousand 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.
Sec. 9. The Supreme Court shall have original jurisdiction to hear Claims against
claims against the State, but its decisions shall be merely recommend-
atory ; no process in the nature of 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 Judicial Districts
each of which a Judge shall be chosen ; and there shall be held a cJuVts^^'^'"'^
Superior Court in each county at least twice in each year, to con-
tinue for such time in each county as may be prescribed by law. But
the General Assembly may reduce or increase the number of dis-
tricts.
Sec. 11. Every Judge of the Superior Court shall reside in the Residences of
•■.i.,^ ,.,, . ,.-■ „, -.-, ,,, .-,. ., Judges, rotation
district for which he is elected. The Judges shall preside m the in Judicial Dis-
courts of the different districts successively, but no Judge shall hold terms.^'^^ special
the courts in the same district oftener than once in four years ; but
in 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 Governor 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.
Sec. 12. The General Assembly shall have no power to deprive the Jurisdiction of
T 1- • 1 T-v J. J. J, ..-,... , . , . , .^ ,, courts inferior to
Judicial Department of any power or .lurisdiction which rightfully supreme Court.
pertains to it as a co-ordinate department of the government; but
the General Assembly shall allot and distribute that portion of this
power and jurisdiction which does not iiertain 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 neces-
sary, the methods of proceeding in the exercise of their powers, of
all the courts below the Supreme Court, so far as the same may be
done without conflict with other provisions of this Constitution.
12
Constitution of ISTokth Carolina.
In case of waiver
of trial by jury.
Special courts in
cities.
Clerk of Supreme
Court.
Election of Supe-
rior Court Clerk.
Term of office.
Fees, salaries and
emoluments.
What laws are
and shall be in
force.
Disposition of
actions at law and
suits in equity,
pending when
this Constitution
shall go into ef-
fect, etc.
Justices Supreme
Court, election of.
Transaction of
business in the
Superior Court.
Solicitors for each
Judicial District.
Sec. 13. In all issues of fact, joined in any court, the parties may
waive the right -to have the same determined by a jury, in which
case the finding of the Judge upon the facts shall have the force and
effect of a verdict by a jury.
Sec. 14. The General Assembly shall provide for the establishment
of special courts, for the trial of misdemeanors, in cities and towns
where the same may be necessary.
Sec. 15. The Clerk of the Supreme Court shall be appointed by
the Court, and shall hold his office for eight years.
Sec. 1G. A Clerk of the Superior Court for each county shall be
elected by the qualified voters thereof, at the time and in the manner
prescribed by law for the election of members of the General As-
sembly.
Sec. 17. Clerks of the Superior Courts shall hold their offices for
four years.
Sec. is. The General Assembly shall prescribe and reguhite the
fees, salaries and emoluments of all officers provided for in this arti-
cle; 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 Consti-
tution, or the Constitution and laws of the United States, shall be in
force until lawfully altered.
Sec. 20. Actions at law, and suits in equity, pending when this
Constitution shall go into effect, shall be transferred to the courts
having jurisdiction thereof, without prejudice by reason of the
change ; and all such actions and suits commenced before, and pend-
ing at the adoption by the General Assembly of the rules of practice
and procedure herein provided for, shall be heard and determined
according to the practice now in use, unless otherwise 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 mem-
bers of the General. Assembly. They shall hold their offices for
eight years. The Judges of the Superior Courts, elected at the first
election under this amexidment, shall be elected in like manner as is
provided for Justices of the Supreme Court, and shall hold their
offices for eight years. The General Assembly 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 provided for, shall be elected by the voters
of their respective districts.
Sec. 22. The Superior Court shall be at all times open for the
transaction of all business within their jurisdiction, except the t'ial
of issues of fact requiring a jury.
Sec. 23.- A Solicitor shall be elected for each judicial district by
the qualified voters thereof, as is prescribed for members of the Gen-
eral Assembly, who shall hold ofiice for the term of four years, and
Constitution of I!>J"okth Cakolina. 13
prosecute on behalf of the State, in all criminal actions in the Supe-
rior Courts, and advise the officers of justice in his district.
Sec. 24. In each county a sheriff and coroner shall be elected by Sheriffs and Cor-
the qualified voters thereof, as is prescribed for members of the Gen-
eral Assemblj', and shall hold their offices for two years. In each
township there shall be a constable elected in like manner by the
voters thereof, who shall hold his office for two years. When there
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 Vacancies,
article of the Constitution shall be filled by the appointment 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 fill 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 vacancies occurring therein. All incumbents
of said office shall hold until their successors are qualified.
Sec. 20. The officers elected at the first election held under this Terms of office of
Constitution shall hold their offices for the terms prescribed for them fi^fs artide^ under
respectively, next ensuing after the next regular election for members
of the General Assembly. But their terms shall begin upon the
approval of this Constitution by the Congress of the United States.
Sec. 27. The several justices of the peace shall have jurisdiction, Jurisdiction'of
under such regulations as the General Assembly shall prescribe, of pg^^'g®^ °^ *^^
civil actions, founded on contract, wherein the sum demanded shall
not exceed two hundred dollars, and wherein the title to real estate
shall not be in controversy ; and of all criminal matters arising with-
in their counties where the punishment cannot exceed a fine of fifty
dollars or imprisonment for thirty days. And the General Assembly
may give to justices of the peace jurisdiction of otlier civil actions,
wherein the value of the property in controversy does not e^cceed
fifty dollars. When an issue of fact shall be joined before a justice,
on demand of either party thereto, he ^hall 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 brought
before a justice, he shall make a record of the proceedings and file
same with the Clerk of the Superior Court for his county.
Sec. 28. When the office of justice of the peace shall become va- vacancies in
cant otherwise than by expiration of the teruj, and in case of a °^^^ °^ Justices.
failure by the voters of any district to elect, the Clerk of the Supe-
rior Court for the county shall appoint to fill the vacancy for the
unexpired term.
14
Constitution of ISTorth Carolina.
Vacancies in
office of Superior
Court Clerlt.
Officers of other
Courts inferior to
Supreme Court.
Removal of
Judges of the
various Courts
for inabihty.
Removal of
Clerks of the
various Courts
for inability.
Amendments not
to vacate existing
offices.
Sec. 29. In case the office of Clerk of a Superior Court for a covmty
shall become vacant otherwise than by the expiration of 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 courts
inferior to the Supreme Court, the presiding officers and clerks there-
of 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
Courts, and the presiding officers of such courts inferior to the Su-
preme Court as may be established by law, may be removed from
office for mental or physical inability, upon a concurrent resolution
of two-thirds of both houses of the General x\.ssembly. The Judge
or presiding officer, against whom the General Assembly may be about
to proceed, shall receive notice thereof, accompanied by a copy of the
causes alleged for his removal, at least twenty days before the day on
which either house of the General Assembly shall act thereon.
Sec. 32. Any Clerk of the Supreme Court, or of the Superior
Courts, or of such courts inferior to the Supreme Court as may be
established by law, may be removed from office for mental or physi-
cal inability; the Clerk of the Supreme Court by the Judges of said
Court, the Clerks of the Superior Courts by the Judge riding the dis-
trict, 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 Caro-
lina by this Convention shall not have the effect to vacate any office
or term of office now existing under the Constitution of the State and
filled or held by virtue of any election or appointment under the said
Constitution and the laws of the State made in pursuance thereof.
ARTICLE V.
EEVElSrUE AND TAXATION.
Capitation tax. 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 val-
ued at three hundred dollars in cash. The commissioners of the
Exemptions. several counties may exempt from capitation tax in special cases, on
accoimt of poverty and infirmity, and the State and county capitation
tax combined shall never exceed two dollars on the head.
Constitution of ISTokth Carolina- 15
Sec. 2. The proceeds of the State and county capitation tax shall Application of
be applied to the purposes of education and the support of the poor, and'^county capu
but in no one year shall more than twenty-five per cent, thereof be nation tax.
appropriated to the latter purpose.
Sec. 3. Laws shall be passed taxing, by a uniform rule, all moneys, Taxation shall be
..,,■, ■ J, by unitorin rule
credits, luvestments ui bonds, stocks, jomt-stock companies, or other- and ad valorem.
wise ; and, also, all real and personal property, according to its trvie
value in money. The General Assembly may also tax trades, profes-
sions, 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 General Restrictions upon
, , , . the increase of
Assembly shall have no power to contract any new debt or pecuniary the public debt,
obligation in behalf of the State, except to supply a casual deficit, or contingencies!^'"
for suppressing invasions or insurrections, unless it shall in the same
bill levy a special tax to pay the interest annually. And the General
Assembly shall have no power to give or lend the credit of the State
in aid of any person, association or corporation, except to aid in the
completion of such railroads as may be unfinished at the time of the
adoption of this Constiution, or in which the State has a direct pecu-
niary 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 corpora- Property exemp-
, ,, , „ , ,. ™, ^ , . ,, tions from taxa-
tions, shall be exempt from taxation. The General Assembly may tion.
exempt cemeteries and property held for educational, scientific, liter-
ary, charitable or religious purposes ; also wearing apparel, arms for
muster, household and kitchen furniture, the mechanical and agricul-
tural implements of mechanics and farmers, libraries and scientific
instruments, or any other personal property, to a value not exceeding
three hundred dollars.
Sec. C. The taxes levied by the commissioners of the several coun- Taxes levied by
County Commis-
ties for county purposes shall be levied in like manner with the State sioners.
taxes, and shall never exceed the double of the State tax, except for
a sjiecial purpose, and with the special approval of the General As-
seml)ly.
Sec. 7. Every act of the General Assembly levying a tax shall state Acts levying
tSiXPS Sn3.li stSitp
the special object to which it is to be applied, and it shall be applied object, etc.
to no other purpose.
ARTICLE VI.
SUFFRAGE AND EI>IGIBILITY TO OFFICE.
Section 1. Every male person born in the United States, and every Qualifications of
clGCtor
male person who has been naturalized, twenty-one years of age, and
possessing the qualifications set out in this article, shall be entitled
to vote at any election by the people in the State, except as herein
otherwise provided.
Sec. 2. He shall have resided in the State of North Carolina for Qualifications of
tjlcctor
two years, in the county six months, and in the precinct, ward or other
16
Constitution of North Carolina.
Qualifications of
elector.
General A.ssem-
bly to provide
registration laws.
Qualifications of
elector to register
and vote.
Registration of
persons entitled
to vote witliout
educational quali-
fication.
Permanent record.
Amendment
indivisible.
Elections by peo-
ple and General
Assembly.
Oath of office.
election district iu which he offers to vote, four months next preced-
ing the election : Provided, that removal from one precinct, ward or
other election district, to another in the same county, shall not oper-
ate to deprive any person of the right to vote in the precinct, ward or
other election district from which he has removed until four months
after such removal. No person who has been convicted, or who has
confessed his guilt in open court upon indictment, of any crime, the
punishment of which now is or may hereafter be imprisonment in the
State's Prison, shall be permitted to vote unless the said person shall
be first restored to citizenship in the manner prescribed by law.
Sec. 3. Every person offering to vote shall be at the time a legally
registered voter as herein prescribed and iu the manner hereafter
provided by law, and the General Assembly of North Carolina shall
enact general registration laws to carry into effect the provisions of
this article.
Sec. 4. Every person presenting himself for registration shall be
able to read and write any section of the Constitution in the English
language ; and before he shall be entitled to vote he shall have paid,
on or before the first day of May of the year in which he proposes to
vote, his poll tax for the previous j'^ear as prescribed by Article V,
sec. 1, of the Constitution. But no male person who was on January
1, 18G7, or at any time prior thereto, entitled to vote under the laws'
of any State in the United States wherein he then resided, and no
lineal descendant of any such person, shall be denied the right to
register and vote at any election in this State by reason of his failure
to possess the educational qualifications herein prescribed :^ Provid-
ed, he shall have registered in accordance with the terms of this sec-
tion prior to December 1, 1908. The General Assembly shall provide
for the registration of all persons entitled to vote without the educa-
tional qualifications herein prescribed, and shall, on or before Novem-
ber 1, 1908, provide for the making of a permanent record of such
registration, and all persons so registered shall forever thereafter
have the right to vote in all elections by the people in this State, un-
less disqualified inider section 2 of this article: Provided, such per-
son shall have paid his poll tax as above required.
Sec. 5. That this amendment to tlie Constitution is presented and
adopted as one indivisible plan for the regulation of the suffrage, with
the intent and purpose to so connect the different parts and to make
them so dependent upon each other that the whole shall stand or fall
together.
Sec. G. All elections by the people shall be by ballot, and all elec-
tions by the General Assembly shall be viva voce.
Sec. 7. Every voter in North Carolina, except as in this article
disqualified, shall be eligible to office, but before entering upon the du-
ties of the office he shall take and subscribe the following oath :
"I , do solemnly swear (or affirm) that I will support and
maintain the Constitution and laws of the United States and the Con-
Constitution of jSToeth Caeolijsta. 17
stitution and laws of North Carolina not inconsistent tlierewitli, and
tbat I will faithfully discharge the duties of my office as So
help me, God."
Sec. 8. The following classes of persons shall be disqualified for Disqualification
for ofiBce
office: First, all persons who shall deny the being of Almighty God.
Second, all persons who shall have been convicted or confessed their
guilt on indictment pending, and whether sentenced or not, or under
judgment suspended, of any treason or felony, or of any other crime
for which the punishment may be imprisonment in the penitentiary,
since becoming citizens of the United States, or of corruption or mal-
practice in office, unless such person shall be restored to the rights of
citizenship in a manner prescribed by law.
Sec. 9. That this amendment to the Constitution shall go into effect When amend-
,-,-,,, .^ ■ .^ J. ment to take
on the first day of July, nineteen hundred and two, if a majority of effect.
votes cast at the next general election shall be cast in favor of this
suffrage amendment.
ARTICLE VII.
MUNICIPAL CORPORATIONS.
Section 1. In each county there shall be elected biennially by the County officers.
qualified voters thereof, as provided for the election of members of
the General Assembly, the following officers : A treasurer, register
of deeds, surveyor and five commissioners.
Sec 2. It shall be the duty of the commissioners to exercise a gen- Duty of county
, . . , J. , ^ ., , -, , -J. , 1 • J.-J. J.- commissioners.
eral supervision and control of the penal and charitable institutions,
schools, roads, bridges, levying of taxes, and finances of the county,
as may be prescribed by law. The register of deeds shall be, ex
officio, clerk of the board of commissioners.
Sec .S. It shall be the duty of the commissioners first elected in Counties to be
^ divided mto
each county to divide the same into convenient districts, and to report districts.
the same to the General Assembly before the first day of January,
18G9.
Sec. 4. Upon the approval of the reports provided for in the fore- Said districts
going section by the General Assembly, the said districts shall have rate powers as
corporate powers for the necessary purposes of local government, and townships
shall be known as townships.
Sec 5. In each township there shall be biennially elected by the Officers of town-
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 biennially elected a school committee, consisting of three per-
sons, whose duties shall be prescribed by law.
Pub.— 2
18
Constitution of North Carolina.
Trustees shall
assess property.
No debt or loan
except by a ma-
jority of voters.
Drawing ol'
money.
Taxes to be ad
valorem.
When officers
enter on duty.
Governor to ap-
point Justices.
Charters to re-
main in force
until legally
changed.
Debts in aid of
the rebellion not
to be paid.
Powers of Gen-
eral Assemply
over municipal
corporations.
Sec. 6. The township board of trustees shall assess the taxable
property of their townships and make returns to the county commis-
sioners 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 neces-
sary 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.
Sec. 10. The county officers first elected under the provisions of this
article shall enter upon their duties ten days after the approval of
this Constitution by the Congress of the United States.
Sec. 11. The Governor shall appoint a sufficient number of justices
of the peace in each county, who shall hold their places until sections
four, five and six of this article shall have been carried into effect.
Sec. 12. All charters, ordinances and provisions relating to munici-
pal corporations shall remain in force until legally changed, unless
inconsistent with the provisions of this Constitution.
Sec. 13. No county, city, town or other municipal corporation shall
assume to pay, nor shall any tax be levied or collected for the pay-
ment of any debt, or the interest upon any debt, contracted directly
or indirectly in aid or support of the rebellion.
Sec 14. The General Assembly shall have full power by statute to
modify, change or abrogate any and all of the provisions of this arti-
cle and substitute others in their place, except sections seven, nine
and thirteen.
ARTICLE VIII.
Corporations un-
der genera! laws.
Debts of corpo-
rations, how
secured.
What corpora-
tions shall
include.
CORPORATIONS OTHER THAN MUNICn>AL.
Section 1. Corporations may be formed under general laws, but
shall not be created by special act except for municipal purposes and
in cases where, in the judgment of the Legislature, the object of the
corporation cannot be attained under general laws. All general laws
and special acts passed pursuant to this section may be altered from
time to time or repealed.
Sec. 2. Dues from corporations shall be secur&d by such individual
liabilities of the corporations and other means as may be prescribed
by law.
Sec. 3. The term corporation, as used in this article, shall be con-
strued to include all associations and joint-stock companies having
any of the powers and privileges of corporations not possessed by in-
dividuals 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.
CoisrsTiTUTioisr of North Cakolina. 19
Sec. 4. It shall be the duty of the Legislature to provide for the Legislature to
orgauizatiou of cities, towus and incorporated villages, aud to restrict ganizing cities^
their power of taxation, assessment, borrowing money, contracting towns, etc.
debts aud loaning their credit, so as to prevent abuses in assessment
and in contracting debts by such municipal corporations.
ARTICLE IX.
EDUCATION.
Section 1. Religion, morality and knowledge being necessary to Education shall
good government and the happiness of mankind, schools and the ^^ encouraged.
means of education shall forever be encouraged.
Sec. 2. The General Assembly, at its first session under this Con- General Assembly
stitution, shall provide by taxation and otherwise for a general aud fo^schools*^^
uniform system of 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 chil- Separation of
dren of the colored race shall be taught in separate public schools ; ^^^ races.
but there shall be no discrimination in favor of or to the prejudice of
either race.
Sec. 3. Each county of the State shall be divided into a convenient Counties to be
number of districts, in which one or more public schools shall be districts!"^"
maintained at least four months in every year and if the commis-
sioners of any county shall fail to comply with the aforesaid require-
ments of this section they shall be liable to indictment.
Sec. 4. The proceeds of all lands that have been or hereafter may what property
be granted by the United States to this State and not otherwise ap- fo'^gducatlonar'^
propriated by this State or the United States, also all moneys, stocks, purposes.
bonds and other property now belonging to any State fund for pur-
poses 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 other-
wise 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 revenue 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 luoneys, stocks, bonds and other property belonging to a county school
county school fund, also the net proceeds from the sale of estrays, ^""d-
also the clear proceeds of all penalties aud forfeitures and of all fines
collected in the several counties for any breach of the penal or mili-
tary 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 appropri-
ated for establishing and maintaining free public schools in the sev-
eral counties in this State : Provided, that the amount collected in Proviso,
each county shall be annually reported to the Superintendent of Pub-
lic Instruction.
20
Constitution of ISToetii Carolina.
Election of trus-
tees, and pro-
visions for main-
tenance of the
University.
Benefits of the
University.
Board of Educa-
tion.
President and
Secretary.
Power of board.
First session of
board.
Quorum.
Expenses.
Agricultural De-
partment.
Children must
attend school.
Sec. 6. The General Assembly shall have power to provide for tlie
election of trustees of the University of North Carolina, in whom,
when chosen, shall be vested all the privileges, rights, franchises and
endowments thereof iu 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 maintenance and management of said
University.
Sec. 7. The General Assembly shall provide that the benefits of the
University, as far as practicable, be extended to the youth of the
State free of expense for tuition ; also that all the property which has
heretofore accrued to the State or shall hereafter accrue from es-
cheats, 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,
Treasurer, Auditor, Superintendent of Public Instruction and At-
torney-General shall constitute a State Board of Education.
Sec. 9. The Governor shall be president and the Superintendent of
Public Instruction shall be secretary of the Board of Education.
Sec. 10. The Board of Education shall succeed to all the powers
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 board.
Sec. 11. The first session of the Board of Education shall be held
at the capital of the State within fifteen days after the 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 the
transaction of business.
Sec. 13. The contingent expenses of the board shall be provided by
the General Assembly.
Sec. 14. As soon as practicable after the adoption of this Constitu-
tion the General Assembly shall establish and maintain in connection
with the University a depai'tment of agriculture, of mechanics, of
mining and of normal instruction.
Sec. 15. The General Assembly is hereby empowered to enact that
every child of sufficient mental and physical ability shall attend the
public schools during the period between the ages of six and eighteen
years for a term of not less than sixteen months, unless educated by
other means.
Constitution of North Carolina. 21
ARTICLE X.
HOMESTEADS AND EXEMPTIONS.
Section 1. The persoual property of any resident of this State to Exemption,
the value of five hundred dolhirs, to be selected by such resident, shall
be and is hereby exempted from sale under execution or other final
process of any court issued for the collection of any debt.
Sec. 2. Every homestead, and the dwellings and buildings used Homestead,
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 dwellings and buildings
used thereon, owned and occupied by any resident 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 Homestead ex-
be exempt from the payment of any debt during the minority of his empted from debt,
children or any one of them.
Sec. 4. The provisions of sections one and two of this article shall Laborer's lien,
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 Benefit of widow.
children, the same shall be exempt from the debts of her husband,
and the rents and profits thereof shall inure to her benefit during her
widowhood, unless she be the owner of a homestead in her own
right.
Sec. 0. The real and personal property of any female in this State Property of a
,,,. . 11, X ,T ,i married female
acquired before marriage, and all property, real and persoual, to secured to lier.
which she may, after marriage, become in any manner entitled, shall
be and remain the sole and separate estate and property of such fe-
male, and shall not be liable for any debts, obligations or engage-
ments 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 own life for the sole use and Husband may
benefit of his wife and children, and in case of the death of the bus- the tupekt of wife
band the amount thus insured shall be paid over to the wife and chil- ^^^ <-l»ildren.
dren, 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 How deed for
shall operate to prevent the owner of a homestead from disposing of be'made'!^ ™^^
the same by deed; but no deed made by the owner of :i homestead
shall be valid without the voluntary signature and assent of his wife,
signified on her private examination according to lav?.
22
Constitution of JSTorth Cakolina.
ARTICLE XI.
PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.
Punishments. SECTION 1. The following punishments only shall be known to the
laws of this State, viz., death, imprisoument with or without hard
labor, fines, removal from office, and disqualification to hold and enjoy
any office of honor, trust or profit under this State. The foregoing
provision for imprisonment with hard labor shall be construed to
Convict labor. authorize the employment of such convict labor on public works or
highways, or other labor for public benefit, and the farming out there-
of, where and in such manner as may be provided by law ; but no
convict shall be farmed out who has been sentenced on a charge of
Proviso. murder, manslaughter, rape, attempt to commit rape, or arson : Pro-
vided, that no convict whose labor may be farmed out shall be pun-
ished for any failure of duty as a laborer except by a responsible of-
ficer of the State; but the convicts so farmed out shall be at all times
under the supervision and control, as to their goveiniment and dis-
cipline, 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, murder, ar-
son, burglary and rape, and these only, may be punishable with death,
if the General Assembly shall so enact.
Sec. 3. The General Assembly shall, at its first meeting, make pro-
vision for the erection and conduct of a State's prison or peniten-
tiary at some central and accessible point within the State.
Sec. 4. The General Assembly may provide for the erection of a
house of correction, where vagrants and persons guilty of misde-
meanors shall be restrained and usefully employed.
Sec. 5. A house or houses of refuge may be established whenever
the public interests may require it. for the correction and instruction
of other classes of offenders.
Sec. 6. It shall be required by competent legislation that the struc-
ture and superintendence of penal institutions of the State, the county
jails and city police prisons secure the health and comfort of the
prisoners, and that male and female prisoners be never confined in
the same room or cell.
Sec. 7. Beneficent provisions for the poor, the unfortunate and
orphan being one of the first duties of a civilized and Christian State,
the General Assembly shall, at its first session, appoint and define
the duties of a board of public charities, to whom shall be entrusted
the supervision of all charitable and penal State institutions, and
who shall annually report to the Governor upon their condition, with
suggestions for their improvement.
Orphan liouses. Sec. 8. There shall also, as soon as practicable, be measures de-
vised b,v 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.
Death punish-
ment.
Penitentiary.
Houses of cor-
rection.
Houses of refuge.
The sexes to be
separated.
Provisions for the
poor and orphans.
CoiSrSTITUTION OF XOKTH CAROLINA. 23
Sec. 9. It shall be the duty of the Legislature, as soon as practica- inebriates and
ble, to devise means for the education of idiots and inebriates.
Sec. 10. The General Assembly may provide that the indigent deaf- Deaf-mutes, blind
mute, blind and 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 Self-supporting.
Board of Public Charities, that all penal and charitable institutions
should be made as nearly self-supporting as is consistent with the
purposes of their creation.
ARTICLE XII.
Section 1. All able-bodied male citizens of the State of North Caro- Who are liable
lina, between the ages of twenty-one and forty years, who are citizens o"^^ ^ '^ " J-
of the United States, shall be liable to do duty in the militia : Pro- Proviso.
vided, 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. Organizing, etc.
arming, equipping and discipline of the militia, and for paying the
same, when called into active service.
Sec. 3. The Governor shall be commander in chief, and shall have Governor com-
power to call out the militia to execute the law, suppress riots or in- ^^^ ^'^ in c le .
surrection. and to repel invasion.
Sec. 4. The General Assembly shall have power to make such ex- Exemptions.
emptions as may be deemed necessary, and enact laws that may be
expedient for the government of the militia.
ARTICLE XIII.
amendments.
Section 1. No convention of the people of this State shall ever be Conventions, how
called by the General Assembly, unless by the concurrence of two- ^^ ^ '
thirds of all the members of each house of the Geueral Assembly,
and except the proposition. Convention or No Convention, be first sub-
mitted to the qualified voters of the whole State, at the next geueral
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 ou
such day as may be prescribed by the General Assembly.
Sec. 2. No part of the Constitution of this State shall be altered How the Consti-
unless a bill to alter the same shall have been agreed to by three-fifths au^ered"'^^ ^^
of each house of the General Assembly. And the amendment or
amendments so agreed to shall be submitted at the next general elec-
tion 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 amendment or amendments shall be-
come part of the Constitution of the State.
24
Constitution of ISTokth Carolina.
ARTICLE XIV.
MISCELLANEOUS.
Indictments.
Penalty for fight-
ing duel.
Drawing money.
Mechanic's lien.
Governor to
make appoint-
ments.
Seat of govern-
ment.
Holding ofiBce.
Proviso.
Intprmarriage of
whites and ne-
groes prohibited.
Section 1. All indictments which shall have been found, or may-
hereafter be found, for any crime or offense committed before this
Constitution takes effect, may be proceeded upon in the proper courts,
but no punishment shall be inflicted which is forbidden by this Con-
stitution.
Sec. 2. No person who shall hereafter fight a duel, or assist in the
same as a second, or send, accept, or knowingly carry a challenge
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 conse-
quence of appropriations made by law ; 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 legislation,
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 this
State, whether heretofore elected, or appointed by the Governor, shall
hold their positions only until other appointments are made by the
Governor, or, if the officers are elective, until their successors shall
have been chosen and duly qualified according to the provisions of
this Constitution.
Sec. G. The seat of government of this State shall remain at the
city of Raleigh.
Sec 7. No person, who shall hold any office or place of trust or
profit under the United States, or any department thereof, or imder
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 be-
tween a white person and white person of negro descent to the third
generation inclusive, are hereby forever prohibited.
INDEX TO STATE CONSTITUTION.
A. Aeticle, S. Section.
Abuses iu assessments and contracting debts by mxinicipal corpora-
tions, General Assembly to prevent, A. 8. S. 4.
Actions at law and equity suits, no distinction, A. 4, S. 1.
Pending when Constitution took effect, A. 4, S. 20.
Acts of General Assembly, style of, A. 2, S. 21.
Levying taxes, must state object, A. 5, S. 7.
Agriculture, Department of, A. 3, S. 17.
In connection with University, A. 9, S. 14.
Alimony, General Assembly does not secure, A. 2, S. 10.
Allegiance to U. S. Government, A. 1, S. 5,
Amendments, A. 13.
Do not vacate existing offices, A. 4, S. 33.
Answer to criminal charge, A. 1, S. 12.
Apportionment of Senators and Representatives, A. 2, SS. 4, 5, 6.
Arms, right to bear, A. 1, S. 24.
Article VII, General Assembly may modify or repeal certain sec-
tions, A. 7, S. 14.
Assemblage, right of, A. 1, S. 25.
Attorney-General advises executive, A. 3, S. 14.
Duties of, A. 3, S. 13.
Auditor, duties of, A. 3, S. 13.
Bail, excessive, A. 1, S. 14.
Ballot, elections to be by, A. 6, S. 3.
Bills of General Assembly, read three times, A. 2, S. 23.
Blind provided for, A. 11, S. 10.
Board of Charities, A. 11, S. 7.
Boundaries of State, A. 1, S. 34.
Capitation tax, application of proceeds from, A. 5, S. 2.
Exempts, A. 5, S. 1.
Capital punishment, A. 11, S. 2.
Charities, public, A. 11.
Deaf-mutes and the blind, A. 11, S. 10.
Idiots and inebriates, A. 11, S. 9.
Pi'ovisiou for orphans and the poor, A. 11, S. 7.
Self-supporting, as far as possible, A. 11, S. 11.
Cities organized by legislation, A. 8, S. 4.
Citizenship, restoration to, A. 2, S. 11.
Civil and criminal actions, A. 4, S. 1.
Claims against the State, A. 4, S. 9.
Clerk of Superior Court, election of, A. 4, S. 10.
Removal for inability, A. 4, S. 32.
Term of office of, A. 4, S. 17.
Supreme Court, A. 4, S. 15.
26 Index to Constitution.
Clerks, removal of, A. 4, S. 32.
Commutations, A. 3, S. 6.
Compulsory education, General Assembly may provide, A. 9, S. 15.
Concealed weapons, carrying not justified, A. 1, S. 24.
Constitution, how changed, A. 13, S. 2.
Controversies at law about property, A. 1, S. 19.
Convention, how called, A. 13.
Convict labor, A. 11, S. 1.
Coroner and sheriff, A. 4, S. 24.
Correction, house of, A. 11, S. 4.
Corporations, municipal, A. 7.
Charters remain in force till legally changed, A. 7, S. 12.
Power of General Assembly over, A. 7, S. 12.
Corporations other than municipal, A. 8.
Debts of, how secured, A. 8, S. 2.
Definition of, A. 8, S. 3.
Under general laws, A. 8, S. 1.
Correction, houses of, A. 11, S. 4.
Council of State, A. 3, S. 14.
Counsel allowed defendant, A. 1, S. 11.
County commissioners, election and duty of, A. 7, SS. 1, 2.
Commissioners divide, into districts, A. 7, S. 3.
Districts have corporate powers as townships, A. 7, S. 4.
Majority of voters necessary to levy taxes, etc., A. 7, S. 7.
Money, how drawn from its treasury, A. 7, S. 8.
Officers enter on duty, when, A. 7, S. 10 ; of townships, A. 7, S. 5.
School districts, A. 9, S. 3 ; fund, A. 9, S. 5.
Taxes to be ad valorem, A. 7, S. 9.
Township trustees assess property, A. 7, S. 6.
County treasurer, A. 7, S. 1.
Courts to be open, A. 1, S. 35.
Kinds of, A. 4, S. 2.
Criminal charges, answer to. A. 1, S. 12.
Criminal and civil actions, A. 4, S. 1.
Courts for cities and towns, A. 4, S. 14.
Prosecutions, A. 1, S. 11.
Deaf-mutes provided for, A. 11, S. 10.
Death punishment, A. 11. S. 2.
Debt does not affect homestead, A. 10, S. 3.
County, city or town cannot contract, except by majority of quali-
fied voters, A. 7, S. 7.
Imprisonment for, A. 1, S. 16.
In aid of rebellion, void, A. 7, S. 13.
Debt, restrictions upon increase of public, etc., A. 5. S. 4.
What bonds declared invalid, A. 1, S. 6.
Declaration of rights, A. 1.
Department of Agriculture, A. 3. S. 17.
Index to Constitution. 27
Divorce, General Assembly does not grant, A. 2, S. 17.
Disqualification for office, A. 6, S. 5 ; A. 14, S. 7.
Dueling disqualifies, A. 14, S. 2.
Education, board of, A. 9, S. 8 ; officers, A. 9, S. 9 ; expenses, A. 9,
S. 13.
County school fund, A. 9, S. 5.
Encouraged, A. 9, S. 1 ; A. 1, S. 27.
First session of, A. 9, S. 11 ; power of, A. 9, S. 10.
Property devoted to, A. 9, SS. 4, 5.
Quorum, A. 9, S. 12.
Election of officers by General Assembly, viva voce, A. 2, S. 9.
Elections, by people and General Assembly, A. 6. S. 3.
Contested, returns of, A. 3, S. 3.
Free, A. 1, S. 10 ; frequent, A. 1, S. 28.
Electors, oath of office of, A. 6, S. 4.
Qualification of, A. 6, S. 1.
Electors, registration of, A. 6, S. 2.
Eligibility to office, A. 6.
Emoluments, exclusive, none, A. 1, S. 7.
Hereditary, A. 1, S. 30.
Entails to be regulated, A. 2, S. 15.
Enumeration of rights, not to impair others retained by people, A. 1,
S. 37.
Equity suits and actions at law, distinction abolished, A. 4, S. 1.
Pending when Constitution took effect, A. 4, S. 20.
Evidence against himself, criminal not compelled to give, A. 1, S. 11.
Executive, Attorney-General advises, A. 3, S. 14.
Department of, A. 3 ; distinct, A. 1, S. 8.
Duties, A. 3, S. 13 ; reports of, A. 3, S. 7,
Officers, A. 3, S. 1 ; compensation, A. 3, S. 15.
Seal of State, A. 3, S. 16.
Terms of office of, A. 3, S. 1.
Vacancy in, how filled, A. 3, S. 13.
Exemption, A. 10, S. 1.
By reason of military duty, etc., A. 12. S. 4.
Property of feme covert not liable for husband's debts, A. 10, S. 6.
Ex post facto laws, A. 1, S. 32.
Extra session of General Assembly, A. 3, S. 9.
Feigned issues abolished, A. 4, S. 1.
Feme sole, property of, not liable for husband's debts, A. 10, S. G.
Fines, excessive, A. 1, S. 14.
Freedom of the pres.s, A. 1, S. 20.
Fundamental principles, frequent recurrence to, A. 1, S. 29.
General Assembly, acts, style of, A. 2, S. 21.
Article VII may be modified or repealed by, A. 7, S. 14.
Bills and resolutions read three times, A. 2, S. 23.
Compulsory education may be enforced by, A. 9, S. 15.
28
IsTDEx TO Constitution.
General Assembly, election by, A. 6, S. 3.
Entails regulated by, A. 2, S. 15.
Extra sessions, A. 2, S. 28 ; A 3 S 9
Journals kept, A. 2, S. IG; pro'tests 'entered on, A. 2 S 17
Members of, A. 2, S. 24. > ^, a. xt.
Assemble when, A. 2, S. 2.
Election for, when held, A. 2, S. 27.
Office a disqualification, A. 14, S. 7.
Terms commence with election, A. 2, S. 25.
Vacancies, how filled, A. 2, S. 13.
Municipal corporations controlled by, A. 7, S. 14
Names, personal, not changed by, A. 2, S. 11. "
Officers of, election, viva voce, A. 2, S.' 9.
Pay of, A. 2, S. 28.
President of Senate, A. 2, S. 19.
Speaker of House, A. 2, S. 18.
Powers of, A. 2, S. 22.
In relation to divorce and alimony, A. 2, S. 10
Representation apportioned by, A. 2, SS. 4 5
Revenue, A. 2, S. 14. > • , •
Schools provided by, A. 9, S. 2.
University to be maintained by, A. 9, SS. 6 7
Yeas and nays, A. 2, SS. 14, 26.
Government, allegiance to U. S.,' A. 1, S. 5.
Internal, of State, A. 1, S. 3.
Origin of, A. 1, S. 2.
Seat of, remains in Raleigh, A. 14, S. 6.
Governor commands militia, A. 3, S. s!
Commutations, pardons, reprieves, A. 3, S. 6.
Justices of peace appointed by, when, A. 7, S. 11
Governor, compensation, A. 3, S. 15.
Duties of, A. 3, S. 12.
Extra sessions called by, A. 3, S. 9.
Impeachment of, A. 3, S. 12.
Lieutenant, qualification of, A. 3, S. 2.
Oath of office, A. 3, S. 4.
Officers appointed by, A. 3, S. 10 ; A. 14, S. 5.
Qualifications of, A. 3, S. 2.
Residence of, A. 3, S. 5.
Vacancy in office of, A. 3, S. 12.
Habeas corpus, A. 1, S. 21.
Hereditary emoluments, A. 1, S. 30.
Homestead and exemption, A. 10, S. 2.
Benefit of widow in, A. 10, S. 5.
Exempted from debt, A. 10, S. 3.
Laborer's lien attaches, A. 10, S. 4.
Privy examination of wife to 'dispose of, A. 10, S. 8.
Index to Constitution. 29
House of correction, A. 11, S. 4.
Orplians, A. 11, S. 8.
Kefuge, A. 11, S. 5.
Representatives, apportionment, A. 2, S. 5.
Officers of, A. 2, S. IS ; term begins wben, A. 2, S. 25 ; quali-
fications for, A. 2, S. S ; ratio of, A. 2, S. 6.
Husband can insure life for benefit of family, A. 10, S. 7.
Idiots provided for, A. 11, S. 9.
Immigration, Department of, A. 3, S. 17.
Impeacbment, A. 4, S. 4.
Court of, A. 4, S. 3.
Of Governor, A. 8, S. 12.
Imprisonment for debt, A. 1, S. 16.
Except by law, wrong, A. 1, S. 17.
Indictments for crimes committed before • Constitution took effect,
A. 14, S. 1.
Inebriates, A. 11, S. 9.
Inferior courts, A. 4, S. 12.
Officers of, A. 4, S. 80.
Insane provided for, A. 11, S. 10.
Institutions, charitable, A. 11.
Penal, A. 11.
Public, annual reports from, A. 3, S. 7.
Self-supporting far as possible, A. 11, S. 11.
Sexes to be separated, A. 11, S. 6.
Instruction, Superintendent of Public, A. 3, S. 13.
Intermarriage of whites and negroes prohibited, A. 14, S. 8.
Internal government of State, A. 1, S. 3.
Issues of fact, by whom tried and how waived, A. 4, S. 13.
Judges, election, terms of, etc., A. 4, S. 21.
Fees, salaries, emoluments, A. 4, S. 18.
Judges, removal of, for inability, A. 4, S. 31.
Residence of, A. 4, S. 11.
Judicial Department, A. 4.
Districts for Superior Courts, A. 4, S. 10.
General Assembly not to deprive of .iurisdiction, A. 4, S. 12.
Powers, division of, A. 4, S. 2.
Term of first officers under Constitution, A. 4, S. 26.
Vacancies, A. 4, S. 25.
Judicial remedy allowed all, A. 1, S. 85.
Judiciary distinct, A. 1, S. 8.
Jurisdiction, courts inferior to Supreme, A. 4, S. 12.
Justices of the peace, A. 4, S. 27.
Supreme Court, A. 4, S. 8.
Jury, right of, A. 1, S. 13.
Trial by, waived, A. 4, S. 13.
Sacred and inviolable, A. 1, S. 19.
30 Index to Constitution.
Justices of the peace, Governor appoints, when, A. 7, S. 11.
Jurisdiction of, A, 4, S. 27.
Vacancies in office, A. 4, S. 28.
Laborers' and mechanics' lien, A. 14, S. 4.
Attaches homestead, A. 10, S. 4.
Law of the land, no person imprisoned, or deprived of life, etc., but
by, A. 1, S. 17.
Laws, ex post facto and retrospective, A. 1, S. 32.
Private, thirty days' notice before passage, A. 2, S. 12.
What in force, A. 4, S. 19.
Legislative, distinct, A. 1, S. 8.
Two branches of, A. 2, S. 1.
Legislature provides for organizing towns, etc., A. 8, S. 4.
Trials other than jury, A. 1, S. 13.
Legitimation, General Assembly can pass general laws for, A. 2, S. 11.
Liberty, deprivatipn of, except by law, A. 1, S. 17.
Religious, A. 1, S. 26.
Restraint of, remedied, A. 1, S. 18.
Warrants without evidence, dangerous to, A. 1, S. 15.
Lien of laborers and mechanics, A. 14, S. 4.
Lieutenant-Governor, President of Senate, duties of, A. 3, S. 11.
When Governor, A. 3, S. 12.
Literary fund, Board of Education to succeed to rights of, A. 9, S. 10.
Marriages between whites and negroes forbidden, A. 14, S. 8.
Married woman, husband can insure life for benefit of, A. 10, S. 7.
Privy examination of, to dispose of homestead, A. 10, S. 8.
Property of, not liable for husband's debts, A. 10, S. 6.
Mechanics' lien, A. 14, S. 4.
Men, equality, rights of, A. 1, S. 1.
Militia, A. 1, S. 24 ; A. 12.
Exemptions from duty, A. 12, S. 4.
Governor commands, A. 3, S. 8 ; A. 12, S.- 3.
Organization of, A. 12, S. 2.
Who liable to bear arms, A. 12, S. 1.
Money, how drawn from State Treasury, A. 4, S. 1.
County or township treasury, A. 7, S. 8.
Monopolies are injurious, A. 1, S. 31.
Mimicipal corporations, A. 7.
Cannot contract debt except by majority of qualified voters, A. 7,
S. 7.
Charters remain in force till changed, A. 7, S. 12.
Municipal corporations. General Assembly to provide for organization
of, taxation, etc., by, A. 8, S. 4.
Power of General Assembly over, A. 7, S. 14.
Names, personal, how changed, A. 2, S. 11.
Index to Constitution. 31
Kormal school to be maintained by General Assembly at University,
A. 9, S. 14.
Oath of member of General Assembly, A. 2. S. 24.
Oath of Governor, A. 3, S. 4.
Oath of office, A. 6, S. 4.
Office, cannot hold two, A. 14, S. 7.
Disqualification, A. 6, S. 5.
Dueling disqualifies for, A. 14, S. 2.
Eligibility to, A. 6.
Qualification, property, none, A. 1, S. 22.
Officers, county, A. 7, SS. 1, 10.
First elected, A. 4, S. 26.
What, appointed by Governor, A. .3. S. 10 ; A. 14, S. 5.
Orphans, houses for, A. 11, S. 8.
Provision for, A. 11, S. 7.
Pardons, A. 3, S. 6.
Peace, soldiers quartered in time of, A. 1, S. 36.
Penitentiary, A. 11, S. 3.
Convict labor, A. 11, S. 1.
Self-supporting as far as possible, A. 11, S. 11.
Sexes separated, A. 11, S. 6.
People, right of, to assemble together, A. 1, S. 25.
Perpetuities, injurious, A. 1, S. 31.
General Assembly shall prevent, A. 2, S. 15.
Political power and government, A. 1, S. 2.
Societies in secret dangerous, A. 1, S. 25.
Poor, provision for, A. 11, S. 7.
Power of General Assembly, A. 2, S. 22.
To suspend laws injurious, A. 1, S. 9.
Powers, executive, judicial and legislative, distinct, A. 1, S. 8.
Judicial, division of, A. 4, S. 2.
Press, freedom and abuse of, A. 1, S. 20.
Principles. i-ecuiTcnce to fundamental, A. 1, S. 29.
Prisoners, health and comfort secured, A. 11, S. 6.
Private laws, A. 2, SS. 11, 12.
Privileges, exclusive, none, A. 1, S. 7.
Property, controversies at law about, A. 1, S. 19.
Deprivation of, except by law, wrong, A. 1, S. 17.
Devoted to education, A. 9, S. 4.
Exemptions from taxation, A. 5, S. 5.
Feme sole not liable for husband's debts, A. 10, S. 6.
Qualification, none, A. 1, S. 22.
Prosecution, criminal, A. 1, S. 11.
Protest, by whom and when made, A. 2, S. 17.
Public debt, increase of, restricted, etc., A. 5, S. 4.
What bonds declared invalid, A. 1, S. 6.
32 Index to Constitution.
Public money, bow drawn, A. 14. S. 3.
Public schools, General Assembly to provide for, A. 9, S. 2.
Punishments, penal institutions and public charities, A. 11.
Cruel or unusual, A. 1, S. 14 ; A. 14, S. 1,
Qualification and election of members of General Assembly, each house
judge of, A. 2, S. 22.
Rebellion, debt in aid of, not to be paid, A. 7, S. 13.
Recurrence to fundamental principles, A. 1, S. 29.
Refuge, houses of, A. 11, S. 5.
Register of deeds, A. 7, S. 1.
Registration of electors, A. 6, S. 2.
Religious liberty, A. 1, S. 2G.
Scruples against bearing arms, A. 12, S. 1.
Removal of judges, A. 4, S. 31 ; of cterks, A. 4, S. 32.
Representation and taxation, A. 1, S. 23.
Reprieves, A. 3. S. 6.
Retrospective laws, A. 1, S. 32.
Revenue, A. 2, S. 14 ; A. 5.
Right of assemblage, A. 1, S. 25.
Jury, A. 1, S. 13.
Secession, none, A. 1, S. 4.
To bear arms, A. 1, S. 24.
To suspend laws, injurious, A. 1, S. 9.
Rights, declaration of, A. 1.
Of men, A. 1, S. 1 ; A. 1, S. 37.
Salaries and fees. General Assembly to regulate, A. 4, S. 18.
Schools, attendance of children, A. 9, S. 15.
County divided into districts, A. 9, S. 3.
Fund, A. 9, S. 5.
Provided by legislation, A. 9, S. 2.
Schools, races separate, A. 9, S. 2.
Seal of State, A. 3, S. 16.
Search warrants without evidence, wrong, A. 1, S. 15.
Seat of government at Raleigh, A. 14, S. 6.
Secession, no right of, A. 1, S. 4.
Secretary of State, duties of, A. 3, S. 13.
Senate, presiding officer, A. 2, S. 19.
Pro tern. Speaker, when elected, A. 2, S. 20.
Senators, number of, A. 2, S. 3.
Other senatorial officers, A. 2, S. 20.
President of, A. 2, S. 19.
Qualifications for, A. 2. S. 7.
Regulating senatorial districts, A. 2, S. 4.
Sexes separated in confinement, A. 11, S. 6.
Sheriff and coroner, A. 4, S. 24.
Slavery prohibited, A. 1, S. 33.
Societies, secret, political, dangerous, A. 1, S. 25.
Index to Constitution, 33
Soldiers, how quartered, A. 1, S. 36.
Solicitor, bow elected, A. 4, S. 23.
Special coui-ts, A. 4, S. 14.
State boundaries, A. 1, S. 34.
Clairus against, A. 4, S. 9.
Internal government of, A. 1, S. 3.
Statistics, department of, A. 3, S. 17.
Suffrage and eligibilitj' to office, A. 6.
Superintendent of Public Instruction, A. 3, S. 13.
Reports of county school fund to be made to, A. 9, S. r>.
Superior Court clerk, his election, A. 4, S. 16.
Term, A. 4, S. 17 ; vacancy, A. 4, S. 29.
Districts, A. 4, S. 10.
Judges, election and term, A. 4, S. 21.
Residence, A. 4, S. 11 ; rotation, A. 4, S. 11.
Open at all times except for jury trials, A. 4, S. 22.
Solicitor for each district, A. 4, S. 23.
Special term, A. 4, S. 12.
Transaction of business, A. 4, S. 22.
Supreme Court Clerk, A. 4, S. 15 ; jurisdiction, A. 4, SS. 8, 9.
Justices, A. 4, S. 6 ; election and terms of, A. 4, S. 21.
Terms of, A. 4, S. 7.
Surveyor, A. 7, S. 1.
Suspending laws without consent of Representatives, not to be exer-
cised, A. 1, S. 9.
Taxation, ad valorem and uniform, A. 5, S. 3.
And revenue, A. 5 ; A. 1, S. 23.
Property, exemptions from, A. 5, S. 5.
Of purchases and sales retrospectively not to be passed, A. 1, S. 32.
Taxes, acts to levy, to state object, A. 5, S. 7.
Except for necessary expenses, not levied by county, city or town
without assent of majority of voters, A. 7, S. 7.
Levied by county commissioners, A. 5, S. 6.
Of county to be ad valorem, A. 7, S. 9.
Towns, etc., organized by legislation, A. 8, S. 4.
Townships, officers of, A. 7, S. 5.
Treason against State, A. 4, S. 5.
Treasurer, duties of, A. 3, S. 13.
University, agricultural department of, mechanics, mining and nor-
mal instruction connected with. A. 9, S. 14.
Benefits of, A. 9, S. 7.
Election of trustees, A. 9, S. 6.
General Assembly shall maintain, A. 9. S. 7.
Maintenance of, A. 9, S. 6.
Property devoted to, A. 9, S. 7.
Pub.
34 Index to Constitution.
Vacancies in General Assembly, A. 2, S. 13.
Vacancies, other, A. 3, SS. 12, 13 ; A. 4, SS. 25, 28, 29.
Vagrants, house of correction for, A. 11, S. 4.
Warrants without evidence in.iurlous, A. 1, S. 15.
Whites and negroes cannot intermarry, A. 14, S. 8.
Separated in schools, A. 9, S. 2.
Widow, homestead benefits, A. 10, S. 5.
Yeas and nays, when entered, A. 2, SS. 14, 26.
PUBLIC LAWS
OF THE
STATE OF NORTH CAROLINA
SESSION 1909.
PUBLIC LAWS
OF THE
STATE OF NORTH CAROLINA
SESSION 1909.
CHAPTER 1.
AN ACT TO AMEND SECTION 1253 OF THE REVISAL, RE-
LATING TO JURY TAX IN PITT COUNTY.
The General Assemthj of North Carolina do enact:
Section 1. That section one thousand two hundred and fifty- Exception as to
three be amended by striking out all of said section after the word ' "^°"^" ^'
"thereof," in line eleven.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of January, A. D. 1909.
CHAPTER 2.
.\N ACT TO ESTABLISH A TOLLGATE ON MULBERRY
GAP ROAD.
The General Assemhly of North Carolina do enact:
Section 1. That the Boards of County Commissioners of Wilkes, Road supervisors
Ashe and Alleghany counties shall, at their regular meeting in
March, one thousand nine hundred and nine, or their next regu-
lar meeting afterward, select one man each from their respective
counties as a road supervisor for the Mulberry Gap road herein-
after set out. Said three road supervisors shall constitute a board
for the management of said road. The road embraced in this act Location of road,
lies from the first ford of Mulberiy in Wilkes County to the top
of the Blue Ridge Mountain at Mulberry Gap, thence with the
public road in Ashe and Alleghany counties to the first ford of
Meadow Fork Creek, and with public road from Mulberry Gap in
Ashe and Wilkes counties via the .Tames Pender Store place in
the direction of Ore Knob, same distance as from top of mountain
to Meadow Fork Creek.
38
1909— ClIAPTKK 2.
Term of office of
supervisors.
Bond of super-
visors.
Meeting for or-
ganization.
Supervisors in-
corporated.
Corporate name
and powers.
Supervisors to
erect and main-
tain tollgate.
Pay of gate
keeper.
Gate keeper to
give bond.
Gate keeper to
qualify.
Gate keeper to
keep records.
Pay of super-
visors.
Application of
receipts.
Reports of re-
ceipts.
Reports of super-
visors.
Statements to be
under oath.
Sec. 2. That suid board of supervisors shall serve for a term
of two years and until their successors are chosen and qualified
at the annual meetings in March, every two years, after one thou-
sand nine hundred and nine, by the county commissioners of the
counties of Wilkes, Ashe and Alleghany. Said supervisors shall
each give bond in his respective county in the sum of two hundred
dollars, to be approved by the county commissioners, and depos-
ited with the register of deeds for the county in which the super-
visor resides. Said board shall meet at some convenient place on
said road on Friday before the first Monday in April, one thousand
nine hundred and nine, and elect one of their members chairman
and another secretary. The chairman may also be treasurer of
said board, and said board shall be a body corporate under the
name of the Board of Supervisors of Mulberry Gap Road, with all
the necessary powers to carrj^ out provisions of this act.
Sec. 3. The said board shall erect and maintain a tollgate on
said road at some convenient place, and shall have same kept by
some competent person or persons who shall at all times be under
the supervision and control of said board of supervisors. Said
board shall make such contract with said gate keeper at a fixed
salary or commission upon the receipts of said tollgate, not to
exceed twenty per cent, of the income of said gate for any one
month, and said gate keeper shall execute a good and sufficient
bond of two hundred dollars to the board of supervisors for the
faithful performance of his duties. Also said gate keeper shall
take an oath to faithfully perform his duties and duly account for
and turn over all moneys coming into his hands as gate keeper of
said road. Also said gate keeper shall keep a daily record of the
names of all persons passing through said gate and amount col-
lected from each person, which record shall at all times be open
to inspection by the supervisors of said road, or any other per-
son desiring to see the same.
Sec. 4. Said supervisors shall receive as compensation for their
services a sum not to exceed one dollar and twenty-five cents per
day each for the time actually required to look after the affairs of
said road, said amount to be paid out of the income of said road.
Sec. 5. The receipts of said tollgate, except so much as is nec-
essary to pay the gate keeper and supervisors of said road, shall
be applied to keeping in order and improving said road.
Sec. 6. The gate keeper shall report to the chairman of the
board of supervisors at least once each month, and oftener if
called upon, the amount received in toll, and shall pay over to
said chairman, whenever called upon, the amount so received.
The members of the board of supervisors shall each report to the
chairman of the board of county commissioners of their respective
counties at least once each three months, giving amounts received
and disbursed, and from and for what purposes. Such statement
shall be under oath, and shall give the number of days served by
each supervisor and amount paid for same.
1909— Chapter 2—3. 39
Skc. 7. That the board of supervisors sliall regulate the rate of Hates of toll.
toll to be charged not to exceed the following, to-wit : for a four-
horse wagon, thirty-five cents ; two-horse wagon, twenty-five cents ;
two-horse buggy, twenty-five cents ; one-horse buggy, fifteen cents ;
for ox teams, same as horses.
Sec. 8. That said supervisors may, if they deem advisable, allow Work in pay-
, • 1 J. , X 1 -1 nient of tolls,
an}- person or persons, who may wish to do so, to work on said
road or to furnish hands to do same, and shall be allowed one
dollar per day for doing said work, same to be taken up in travel
on said road at specified rates, but said supervisors shall not run
accounts with any one or allow any person to travel on said road
without paying regular toll, except as herein provided.
Sec. 9. That it shall be a misdemeanor for any person to pass Acts made mis-
over said road and refuse to pay the toll as prescribed by this act, ' '^"^^^n°''s-
or to construct any road or passway around said tollgate to avoid
payment of toll on said road or in any way willfully violate the
provisions of this act, and upon conviction for violation of the
provisions of this act, the punishment shall not exceed a fine of Puuishnient.
fifty dollars or imprisonment for thirty days, at the discretion of
the court.
Sec. 10. That the supervisors may, if they deem proper, instruct Supervisors may
the gate keeper to allow ministers of the gospel to pass through •^^empt ministers.
said gate free of toll, but this shall be allowed only in such cases
as the said minister may be known to the gate keeper and be on
his way either to or from a regular appointment as minister.
Sec. 11. That in all criminal proceedings in any court concerning criminal pro-
this road it shall remain a public road of the State, but proceed- '^'^'^'^^'"S'^-
ings for any violation of the provisions of this act may be insti-
tuted in either of the three counties above named.
Sec. 12. That this act shall be in force from and after the first When act effect-
day of March, one thousand nine hundred and nine, and that
chapter three hundred and forty-eight of the Public Laws of one
thousand eight hundi'ed and ninety-nine, and nil other laws and Repealing clause,
clauses of laws in conflict with this act are hereby repealed.
Ratified this the 11th day of January, A. D. 1909.
CHAPTER 3.
AN ACT TO AMEND SECTION 1 OF CHAPTER 42 OF THE
PUBLIC LAWS OF THE EXTRA SESSION OF 1908, THE
SAME BEING "AN ACT FOR HOLDING THE COURTS IN
CALDWELL COUNTY."
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter forty-two of the Public Term oi court.
Laws passed at the extra session of one thousand nine hundretl
and eight, be amended by striking out the word "thirteenth," in
40
1909— Chapter
line nine of said act, and inserting in lieu thereof the word
"eleventh," so that said term of court shall be held on the elev-
enth Monday after the first Monday in March, instead of the
thirteenth Monday, as now provided.
Sec. 2. That all laws and clauses of laws in coutiict with this
act are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of January, A. D. 1909.
CHAPTER 4.
Preamble.
Justices of the
peace appointed.
Term of office.
AN ACT TO APPOINT G. N. ARRINGTON, E. S. MORGAN AND
J. W. THOMISON JUSTICES OF THE PEACE FOR GRAPE-
VINE TOWNSHIP No. 14, IN MADISON COUNTY.
The General AssemUy of North Carolina do enact:
Section 1. That whereas, at the last general election in Madi-
son County, no election was held in Grapevine Township in
said county, and said township is in need of justices of the
peace; therefore, be it enacted, that G. N. Arrington, E. S. Mor-
gan and J. W. Thomison of said township and county, be and are
hereby appointed justices of the peace for said township and
county, to continue in oflice until the first Monday in December,
one thousand nine hundred and ten.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 11th day of January, A. D. 1909.
CHAPTER 5.
AN ACT TO APPOINT JUSTICES OF THE PEACE FOR
ROWAN COUNTY.
Justices and
townships.
Term of office.
TJie General Assemhly of North Carolina do enact:
Section 1. That justices of the peace be appointed for Rowan
County for their respective townships as follows : Scotch-Irish,
H. C. Turner and Jonathan Lyerly ; Gold Hill, Z. Augustus
Kluttz ; China Grove, W. L. Kimball.
Sec. 2. That their term of office shall begin with the ratifica-
tion of this act, and shall continue for six years from the begin-
ning of said term.
Sec 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 19th day of January, A. D. 1909.
1909 — Chapter 6 — 7. "*!
CHAPTER 6.
\N \CT TO ALLOW THE BOARD OF COMMISSIONERS OF
" CALDWELL COUNTY TO PAY FOR MAKING COURT DOCK-
ETS FOR JUDGE AND BAR.
The General Asseml)lv of North Carolina do enact:
SECTION 1. That the board of commissioners of the county of AHowan^ce^t^^^^
Caldwell be and they are hereby given the powei- to make such
allowance to the clerks of the Superior Court of said county for
making the criminal and civil issue trial dockets and transcrib-
ing the minutes of said Superior Court as in their opinion may be
a just and fair compensation therefor; said allowance to be paid
out of the taxes of said county levied for county purposes.
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 19th day of January, A. D. 1909.
CHAPTER 7.
\N ACT FOR THE RELIEF OF THOMAS N. HAYES, MEMBER-
* ELECT TO THE HOUSE OF REPRESENTATIVES FROM
WILKES COUNTY.
Whereas Thomas N. Hayes, Esq., of Wilkes County, was duly Preamble,
declared elected as a member of the House of Representatives of
the General Assembly at the late election held for said county
and State on Tuesday after the first Monday in November, one
thousand nine hundred and eight.
And whereas the said Thomas N. Hayes has been physically Preamble,
unable to attend upon the General Assembly and take the oath of
office in the manner now required liy law ; therefore,
The General Assemily of North Carolina do enact:
Section 1. That said Thomas N. Hayes may take and subscribe Qualification^^
the oath of office required of members of the General Assembly court authorized,
before the Clerk of the Superior Court of Wilkes County, who
shall certify said fact under his hand and seal of office to the Chief Clerk^to certify to
Clerk of the House of Representatives, who shall certify the same
to the Auditor, who shall draw his warrant upon the Treasurer Auditor tj,^draw
for the payment of the z)er diem of said Thomas N. Hayes as a Treasurer for
member of the General Assembly, and the Treasurer shall pay p«^
liim four dollars per day during the session of this General As-
42
1909— Chapter 7— S— 9.
Release from
attendance.
Proviso: mileage
only on personal
attendance.
sembly aud he shall be released from attendance until his physical
condition should be such as he could safely do so : Provided, hmc-
ever, that no mileage shall be paid said Hayes unless he shall
attend in person upon the General Assembly.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of .Tanuarv. A. D. 1000.
CHAPTER 8.
an act to amend section 270s of the revisal of
1005, relative to the compensation of jurors in
Mcdowell county.
Proviso: tales
jurors.
The General Assembly of NortJi, Carolina do enact:
Section 1. That section two thousand seven hundred and ninety-
eight of the Revisal of one thousand nine hundred and five be
amended as follows: In line five (5) thereof add after the word
"incurred" : ''Provided, that in McDowell County tales jurors
shall not receive more than one dollar per day, with mileage."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 21st day of January, A. D. 1000.
CHAPTER 9.
AN ACT TO AMEND SECTION 270S OF THE REVISAL OF
1005, RELATIVE TO THE PAYMENT OF JT^RORS IN IRE-
DELL COUNTY.
Regular and tales
jurors $2 per diem
TJie General Assembly of Nortli GaroUna do enact:
Section 1. That section two thousand seven hundred and ninety-
eight of the Revisal of one thousand nine hundred and five be
amended by adding the words "and Iredell" after the word
"Greene," in line nine of said sectiou.
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the 21st day of January, A. D. 1000.
1909— Chaptek 10. 43
CHAPTER 10.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF MOORE COL'NTY TO ISSUE BONDS TO PAY THE IN-
DEBTEDNESS OF CARTHAGE TOWNSHIP FOR THE
WORKING AND MAINTENANCE OF THE PUBLIC ROADS
OF CARTHAGE TOWNSHIP.
The General Assemhly of Xorth Carolina do enact:
SectiojV 1. For the purpose of funding and paying off the in- Bond issue au-
debtedness of Carthage Township, in the county of Moore, con- •''^^^'^s^-
tracted for the improvement and maintenance of the public roads
of said townsliip, the board of commissioners of said county is
authorized and empowered to issue coupon bonds, payable to
bearer, for Carthage Township, bearing interest at a rate not interest.
exceeding six per cent, per annum to the amount of the out-
standing indebtedness of said township at the date of the issue
of said bonds, but not exceeding twelve thousand dollars, of the Amount and
denomination of one hundred dollars, five hundred dollars and 'denominations.
one thousand dollars, respectively, in the discretion of the said
board of commissioners ; and said bonds shall be due and payable Maturity.
one thousand dollars January the first, one thousand nine hun-
dred and eleven, and one thousand dollars each year thereafter
on January the first. The said bonds shall be payable at the Place where
office of the treasurer of the county of Moore, and shall have I'^y^^^^-
coupons attached representing the interest on said bonds, which
interest shall be payable semiannually January first and July
first of each year, and the said bonds and coupons shall be pre-
pared under the direction and supervision of the board of com-
missioners, and the said board of commissioners shall have power
and authority to detei'mine any other provisions relating to said
bonds in its discretion, where the same is not in conflict with the
provisions of this act. Said bonds issued under this act shall Exemption froin
be exempt from all county and municipal taxation, and this fact ^a-'^a't'O"-
shall appear upon the face of said bonds.
Sec. -2. The said bonds when issued shall be signed by the chair- Authentication.
man of the board of commissioners, countersigned by the clerk
of the said board of commissioners, and attested by the official
seal of said clerk, and upon the request of any holder of said
bonds the Clerk of the Board of Commissioners of Moore County
is authorized and empowered to register the said bonds and make ReKist ration.
the same payable to the order of the registered holder only; and
from the date of said registration, which shall be entered upon
the face of said bonds, they shall cease to be payable to the
bearer.
Sec. 3. That for the purpose of paying the accrued interest on Tax for interest
said bonds, and to provide a sinking fund for the payment of the ^'"' ^'"^'"*^ ^"'^'^•
principal when due, the Board of (Commissioners of Moore County
44
1909— Chapter 10.
Tax limit.
Power to purchase
outstanding
bonds.
Records to be
kept.
Destruction of
redeemed bonds.
Advertisement of
sale of bonds.
Proviso: rejection
of bids.
Specific appro-
priation of pro-
ceeds.
Separate ac-
counts.
Liability of
treasurer.
Bond of treasurer.
Compensation of
treasurer.
shall levy and cause to be collected annually, as other taxes are
levied and collected, a tax upon all real and personal property,
rights and credits now or hereafter subject to taxation for general
purposes in said Carthage Township, not exceeding thirty cents
on each one hundred dollars' worfh of property, and upon each
taxable poll a tax not exceeding ninety cents.
Sec. 4. That for the purpose of paying off said bonds with any
money that may be on hand at any time belonging to the road
fund of Carthage Township, the board of commissioners may, in
their discretion, purchase annually, after the lapse of one year
from the date of issuance of said bonds, any amount of said bonds
issued and outstanding at their par value, with accrued interest.
Sec. 5. That the clerk of the board of commissioners of said
county shall provide a record in his office in which shall be entered
and kept the name of every purchaser of said bonds and the
number and amount of the bonds purchased ; and also a record
of the bonds redeemed, together with the date of their redemption,
and the bonds and coupons when redeemed shall be recorded as
redeemed, and shall be destroyed by fire in the presence of the
Board of Commissioners and the Clerk of the Superior Court of
Moore County, and a record of said destruction shall be made,
dated and kept by the clerk of said board.
Sec. 6. That before selling the said bonds the said board of com-
missioners shall advertise the same for thirty days immediately
preceding the day of sale at the courthouse door and in one or
more financial newspapers or journals published in the United
States, giving the time and place when bids will be opened for
the sale of said bonds, and the terms on which said bonds are is-
sued: Provided, that the board of commissioners shall have the
right in its discretion to reject any and all bids for said bonds.
Sec. 7. That the proceeds arising from the sale of said bonds
issued under the provisions of this act shall constitute a separate
and distinct fund to be applied and appropriated for the purpose
for which they are issued, as provided herein, and the board
of commissioners shall cause the Treasurer of Moore County to
open and keep separate account of said bonds. And the said
treasurer shall be liable officially as well as personally to all
the requirements of the law now prescribed for the county funds,
or which may hereafter be prescribed for the faithful keeping
and disbursement of the said funds. And the board of commis-
sioners shall require the said treasurer to give bond for the
faithful and honest performance of the duties of his office in
respect to said funds, which bond shall be in an amount not less
than the aggregate proceeds of the sale of the said bonds issued
under this act. The said treasurer shall receive in full com-
pensation for his services in receiving, keeping and disbursing said
funds one-half of one per centum on the amount of his disburse-
ments, but shall receive no commission on receipts.
1909 — Chaptek 10 — 11. -^'5
Sec. 8. That the taxes levied hereunder shall be collected by the Levy and c^K^^
sheriff or other officer charged with the collection of other county
taxes, and they shall, in respect thereto, be liable officially as L^biHty of
well as personally to all the requirements of law now or here-
after prescribed for the faithful collection and payment of other
county taxes, and the bonds given by said officers for the collection
of county taxes shall include the taxes levied hereunder.
Sec. 9. This act shall be in force and effect from and after its
ratification.
Ratified this the 21st day of January, A. D. 1909.
CHAPTER 11.
AN ACT TO AMEND CHAPTER 29 OF PUBLIC LAWS OF THE
STATE OF NORTH CAROLINA, EXTRA SESSION, 1908, RE-
LATING TO THE PUBLIC SCHOOLS OF RALEIGH TOWN-
SHIP.
The General Assembly of North Carolina do enact:
Section 1. That chapter twenty-nine of the Public Laws of
North Carolina, extra session, one thousand nine hundred and
eight be and the same is hereby amended as follows: That sec-
tion one thereof be and the same is hereby amended as follows :
(1) Between the words "shall" and "order," in line three of Election to be
^ ' .XI,, ordered.
said section, insert the word "immediately.
(2) In line four of said section, after the word "township" and Date selected by
^ ^ 1 K J. school committee.
before the words "to ascertain," insert the following words : at
such time, permissible under the law, as the school committee may
elect."
(3) In line six thereof, strike out the words "not less than ten" Minimum of rate.
after the words "tax of" and before the word "cents," and insert
in lieu thereof the word "fifteen."
(4) In line seven thereof strike out the words "nor more than Maximum of rate.
twenty cents."
(5) In line eight thereof, after the word "and" and before the Poll tax.
word "cents," strike out the words "not less than thirty," and
insert the word "forty-five."
(6) Strike out all in line eight thereof, after the word "cents," Alternative poll
and in line nine thereof, before the word "on" at the beginning,
strike out the word "cents."
(7) In line twenty-six thereof, between the word "such" and the Payment of elec-
,. -.„ 1 J. xr, tion expenses.
word "election," insert the words "registration and" ; and at the
end of the same line strike out the words "general county."
(8) After the word "fund" and before the word "and," in line Payment of elec-
^ ' . „ tion expenses.
twenty-seven thereof, insert the words "of Raleigh Township."
46
1909— Chapter 11—12—13.
(9) Strike out all after tbe word "then," in line thirty-three,
all in lines thirty-four, thirty-five, thirty-six and thirty-seven, and
all in line thirty-eight down to the word "collected," at the end
thereof, and in lieu of all stricken out in said lines, insert the fol-
Method of levying lowing : "the county commissioners shall levy said tax of fifteen
cents on the one hundred dollars valuation of property and forty-
five cents on each poll, in addition to all other taxes levied for all
other purposes, including any special tax that may now be levied
for school purposes, which shall be."
Spc. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of .January. A. D. 1909.
CHAPTER 12.
AN ACT TO AMEND CHAPTER ,338 OF THE PUBLIC LAWS
OF 1905.
Number of com-
missioners for
Beaufort County.
Repealing clause.
Present incum-
bents not affected.
The General Assemhly of North Carolina do enact:
Section 1. That section one, chapter three hundred and thirty-
eight of the Public Laws of one thousand nine hundred and five be
and the same is hereby amended, by striking out, in line three
thereof, the word "seven." and by inserting in lieu thereof the
word "five."
Sec. 2. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 3. That this act shall not be construed to apply to the
present incumbents in office for the terms for which they have
been elected.
Sec. 4. That this act shall be in force and effect from and after
its ratification.
Ratified this the 26th day of .Tanuary, A. D. 1909.
CHAPTER 13.
AN ACT TO PROHIBIT THE KILLING OF SQUIRRELS IN
CHOWAN COUNTY.
The General Assembly of North Carolina do enact:
Close season. Section 1. That from the fifteenth day of March to the fifteenth
day of September in each year, it shall be unlawful for any per-
son or persons to hunt, shoot or kill squirrels, in the county of
Chowan.
1909— Chapter 13—14—15. 47
Sec. 2. That any and all persons violating the provisions of Misdemeanor.
this act shall be guilty of a misdemeanoi-, and upon conviction Punishment.
shall be fined not to exceed twenty-five dollars or imprisoned not
more than thirty days.
Sec. 3. That possession of a dead squirrel in Chowan County Possession of dead
. squirrel prima
shall be prima facie evidence of the killing thereof and m viola- facie evidence.
tion of this act.
Sec. 4. That the provisions of chapter one hundred and three, Repealing clause.
Public Laws of one thousand nine hundred and three, so far as it
applies to the county of Chowan be and the same is hereby re-
pealed.
Sec. 5. That this act shall be in force from and after its ratifi-
tion.
Ratified this the 26th day of January. A. D. 1909.
CHAPTER 14.
AN ACT RELATING TO SURVEYORS' FEES WHEN GIVING
TESTIMONY.
The General Assembly of Xo7-th Carolina do enact:
Section 1. That when a surveyor is subpoenaed as a witness to Fees as allowed
give evidence peculiarly in his knowledge as a surveyor, he shall
receive such fees per daj- for his attendance upon court as the
.Judge in his discretion may allow.
Sec. 2. That this act shall applv to Scotland and Anson counties Limit of appli-
cation.
only.
Sec. 3. That this act shall be in force and effect from and after
its ratification.
Ratified this the 26th day of January, A. D. 1909.
CHAPTER 15.
AX ACT TO AMEND SECTION 1207 OF THE REVISAL OF 1905,
RELATIVE TO DISSOLUTION OF A CORPORATION.
The General Asscmhly of North Carolina do enact:
Section 1. That section one thousand two hundred and seven
of the Revisal of one thousand nine hundred and five be and the
same is hereby amended by changing the period at the end thereof
to a comma, and adding after said comma the following: "and a Certified copies
certified copy of said .ludgment shall be filed in the office of the
Secretary of State and also in the office of the clerk of the Supe-
48
1909— Chapter 15—16—17,
Copies to be re-
corded.
Dissolution of
corporations.
rior Court of the coimty iu which the principal office of the cor-
poration is located, and the same shall be recorded in the 'Cor-
poration Book' and in the 'Record of Incorporations' in these
offices respectively, and thereupon said corporation shall be dis-
solved without being required to comply with section one thousand
one hundred and ninety-five of the Revisal of one thousand nine
hundred and five."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of January, A. D. 1909.
CHAPTER 16.
Justices ap-
pointed.
Township.
Term.
AN ACT TO APPOINT W. L. DELAP, T. A. GOBBLE AND J. S.
HEGE JUSTICES OF THE PEACE OF REEDY CREEK
TOWNSHIP, DAVIDSON COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That W. L. Delap, T. A. Gobble and J. S. Hege be
and are hereby appointed and constituted justices of the peace
for Reedy Creek Township, Davidson County, for a term to ex-
pire at the nest general election for members of the General
Assembly.
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the 26th day of January, A. D. 1909.
CHAPTER 17.
AN ACT REPEALING CHAPTER 849, PUBLIC LAWS OF 1907,
RELATING TO MELVILLE AND HAW RIVER TOWNSHIP
LINE, IN ALAMANCE COUNTY.
The General Assembly of North Carolina do enact:
Act repealed. Section 1. That chapter eight hundred and forty-nine, Public
Laws of one thousand nine hundred and seven, be and the same
is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of January, A. D. 1909.
1909— CiiAPTEE 18—19—20. 49
CHAPTER 18.
AN ACT TO AMEND SUBSECTION 15 OF SECTION 131S. VOL-
UME I, REVISAL OF 1905 OF NORTH CAROLINA, RELAT-
ING TO THE POWERS AND DUTIES OF COUNTY COMMIS-
SIONERS.
Tlie General Assemhly of North Carolina do enact:
Section 1. That after the word "necessity," at the end of line Tuberculosis dis-
one, subsection fifteen of section one thousand three hundred and toria^"^'^^ °^ sana-
eighteen, Revisal of one thousand nine hundred and five of North
Carolina, and before the word "and," at the beginning of line two
of said subsection fifteen, there shall be inserted the following :
"to establish and maintain wholly or in part one or more tubercu-
losis dispensaries or sanatoria."
Sec. 2. This act shall take effect and be in force from and after
its ratification.
Ratified this the 26th day of January, A. D. 1909.
CHAPTER 19.
AN ACT TO REPEAL SECTION 5, CHAPTER 784 OF THE
PUBLIC LAWS OF 1903.
The General Assemhly of North Carolina do .enact:
Section 1. That section five of chapter seven hundred and Finance com-
iTiitit66 tor
eighty-four of the Public Laws of one thousand nine hundred and Henderson coun-
three shall be and the same is hereby repealed. ^^ abolished.
Sec. 2. That 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 this the 26th day of January, A. D. 1909.
CHAPTER 20.
AN ACT TO REGULATE HUNTING IN ANSON COUNTY.
2'he General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Open season.
to kill or hunt any quail, dove, partridge or wild turkey, save be-
tween the twentieth day of November and the twentieth day of
January next succeeding.
Pub.— 4
50
1909— Chapter 20 — 21.
Misdemeanor. Sec. 2. That any person violating the provisions of tliis act
sball be guilty of a misdemeanor, and upon conviction shall be
Punishment. fined not less than five dollars nor more than fifty dollars, or
shall be imprisoned not more than thirty days.
Application. Sec. 3. This act shall apply only to Anson County.
Sec. 4. This act shall be in force and effect from and after its
ratification.
Ratified this the 26th day of January, A. D. 1909.
CHAPTER 21.
AN ACT TO REPEAL CHAPTER 678 OF THE PUBLIC
LAWS OF 1907.
Road law for
Rutlierford coun-
ty repealed.
Effect of repeal.
Money to be lield
by county treas-
urer.
Treasurer to pay
debts and obli- '
gations.
Road money to be
paid to treasurer.
Proviso: collection
of tax.
Proviso: road
duty.
The General Assemlily of North Carolina do enact:
Section 1. That chapter six hundred and seventy-eight of the
Public Laws of one thousand nine hundred and seven be and the
same is hereby repealed, except as hereinafter provided.
Sec. 2. That this act shall not have the effect of re-enacting
any special public road law heretofore enacted by the General
Assembly for Rutherford County.
Sec. 3. That all money now in the hands of the County Treas-
urer of Rutherford County, or which may hereafter come into his
hands under or by virtue of chapter six hundred and seventy-
eight of the Public Laws of one thousand nine hundred and seven,
shall be held by him subject to the further direction of the Gen-
eral Assembl.v, except as hereinafter provided.
Sec 4. That the treasurer of said county shall be and he is
hereby authorized and directed to pay all just debts and obliga-
tions contracted and made by the properly constituted public
road authorities under the provisions of said chapter six hundred
and seventy-eight of the Public Laws of one thousand nine hun-
dred and seven.
Sec. 5. That all jiublic road money collected under and by vir-
tue of said chapter six hundred and seventy-eight of the Public
Laws of one thousand nine hundred and seven, now in the hands
of any person or persons in said county, shall be immediately paid
over to the county treasurer to be held by him as hereinbefore
provided: Provided, that nothing herein shall be construed to
prevent, or shall have the effect of preventing the collection, by
the sheriff or tax collector of Rutherford County, the taxes levied
for public road purposes in June, one thousand nine hundred and
eight, for the fiscal year of one thousand nine hundred and eight,
one thousand nine hundred and nine: Provided further, that the
repeal of chapter six hundred and seventy-eight of the Public
Laws of one thousand nine hundred and seven shall not have the
1909— Chapter 21—22—23. 51
effect of relieving any person or persons from public road duty
now due, as provided in section four of said act.
Sec. 6. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of January, A. D. 1009.
CHAPTER 22.
AN ACT TO AUTHORIZE THE CLERK OF THE SUPERIOR
COURT OF NORTHAMPTON COUNTY TO BE ABSENT FROM
HIS OFFICE ON CERTAIN MONDAYS.
The General AssemhJy of North Carolina do enact:
Section 1. That the Clerk of the Superior Court of Northamp- Leave of absence.
ton County shall be allowed to be absent from his oflice during
one Monday in August and one Monday in either November or
December of each year, the said Mondays to be selected bj' said
clerk, but said Monday shall not be a first Monday of any month. Leave not to
Sec. 2. That this act shall be in force from and after its ratifi- MondaV!^'^^*
cation.
Ratified this the 26th day of .January, A. D. 1909.
CHAPTER 23.
AN ACT TO AMEND SECTION 2776 OF THE REVISAL OF
1905, RELATIVE TO FEES FOR REGISTERING SHORT-
FORM MORTGAGES, AND TO RE-ENACT CHAPTER 17 OF
THE PUBLIC LAWS OF NORTH CAROLINA, SESSION OF
1S99, IN SO FAR AS IT AFFECTED WAYNE COUNTY.
7'hr General Assenihli/ of North Carolina do enact:
Section 1. That section two thousand seven hundred and sev- Registration fee
enty-six of the Revisal of one thousand nine hundred and five be ^^ ^^^nts.
amended by adding in line fourteen, after the word "Union," the
word "Wayne," and by striking out in line twenty-three of said
section the word "Wayne."
Sec. 2. That chai)ter seventeen of the Public Laws of North Car- Former act re-
olina, session of one thousand eight hundred and ninety-nine be ^"*®^'
and the same is hereby re-enacted in so far as it affected Wayne
County.
Sec ."{. That this act shall Ije in force from and after its ratifi-
cation.
Ratified this the 26th day of .January. A. D. 1909.
52
1909— Chapter 24.
CHAPTER 24.
AN ACT TO FIX BOUNDARY LINES OF SPECIAL SCHOOL
TAX DISTRICTS IN STERLING'S TOWNSHIP, ROBESON
COUNTY.
Boundary of dis-
trict No. 2.
The General Assemljly of North Carolina do enact:
Section 1. That the boundary lines of Special Schoool Tax Dis-
tricts Numbers Two and Seven, in Sterling's Township, shall be
as follows : Number Two, beginning in the west side of Flower's
Swamp, on the line between F. J. Nye and A. J. Surles, and runs
west with said line to the Holly Branch ; thence in a northwest
direction, leaving Henry Harden's home place, in District Number
Seven, to the ford of Little Indian Swamp, at the Ivy graveyard,
south of J. H. Graham's; thence down Little Indian Swamp to
Big Indian Swamp, and up Big Indian Swamp to the line between
Heni-y Floyd and Troy Floyd; thence west with said line to the
Leesville road; thence with the northwest line of Troy Floyd's
plantation to the northwest corner of B. W. Rhodes' land ; thence
In a southwest direction, including J. C. Rhodes and Miles John-
son, to the southwest corner of Haynes Johnson's land ; thence
with the southern line of Haynes Johnson's land east to Big In-
dian Swamp ; thence up said swamp to the southwest corner of
Joel Herring's land; thence east with the southern line of Joel
Herring's and John Waller's land to Flower's Swamp; thence
with western edge of said swamp to the beginning. Number
Bpundaryof dis- Seven, beginning in Big Indian Swamp, where Number Two
stops in said swamp, and runs up said swamp to the Colum-
bia and Charleston Railroad; thence up said railroad to Juniper
Bay ; thence across said railroad and along south side of said bay
to the northern line of Hughey and Berry Lamb's land, and along
said line to English Nye's northern line and runs that line ; thence
the northern line of Theophilus Ivey's land to Shelley's Bay, and
along south and east of said bay to the northern line of Lelia
Ivey's land, and along that line to the north line of L. A. Law-
son's laud, and from his land a direct course across Flower's
Swamp ; thence down east side of said swamp to the south line of
the Pitman land and along said line to the south line of M. Shep-
herd's land and along said line to the west side of Flower's
Swamp; thence down said swamp to the beginning of District
Number Two ; thence along the line of Number Two to the begin-
ning of Number Seven.
Sec. 2. All laws and clauses of laws in conflict with this act
ai'e hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 2Sth day of January, A. D. 1909.
trict No. 7.
1909— Chaptee 25—26—27. 53
CHAPTER 25.
AN ACT TO REPEAL CHAPTER 202 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE FEES OF THE OFFICIALS
OF JOHNSTON COUNTY.
The General Assemhly of 'North Carolina do enact:
Section 1. That chapter two hundred and two of the Public Act repealed.
Laws of North Carolina, session of one thousand nine hundred
and seven be and the same is hereby repealed.
Sec. 2. That this act sho-11 be in force from and after its ratifi-
cation.
Ratified this the 2Gth day of January, A. D. 1909.
CHAPTER 26.
AN ACT TO AMEND THE ROAD LAW OF BERTIE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That chapter six hundred and thirty-one of the Pub- Commutation for
lie Laws of North Carolina of one thousand nine hundred and
seven be and the same is hereby amended by striking out in
section twenty-three, in line fifteen, after the word "of" and up
to the word "who," in line sixteen, the words "one dollar and
fifty cents," and inserting in lieu thereof the words "two dollars."
Sec 2. That this act shall be in force on and after its ratifi-
cation.
Ratified this the 2Sth day of January, A. D. 1909.
CHAPTER 27.
AN ACT TO APPOINT JUSTICES OF THE PEACE IN
DUPLIN COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That R. N. Cole, W. R. Sholer, E. W. Brown of Cypress creek
Cypress Creek Township, and H. S. Thomas, T. G. Smith and S. W. |;°^"^|^'P-
Limestone town-
Gresham of Limestone Township, and W. B. Register, C. C. James ship.
and D. Stokes Williams of Rockfish Township, and Frank Cherry ^,°^''^^^^ ^°'^""
of Wolfscrape Township, and P. L. Kornegay and B. F. Bennett Wolfscrape town-
of Glissons Township, and Thomas Perrett of Faisons Township, ''''"P-
IX r^ i. , •■ jf T^ .,, r., , . „ Glissons and
and Lawrence Southerland of Kenansville Township, and Frank Faisons town-
Byrd of Magnolia Township, be and they are hereby appointed t]^^^^' .„
,. „ ,, ^. -r^ ,. ^ , ^ " I. •■ Kenansville town-
justices of the peace tor Duplm County for a term of six years ship.
from and after the passage of this act. Magnolia town-
ship.
54
1909— Chapter 27—28—29.
Time for qualifi-
cation.
Sec. 2. Tliat the above justices shall qualify withiu thirty days
after their appointment, except such as are now justices of the
peace, who shall qualify within thirty days after their present
term of office shall expire.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 28th day of January, A. D. 1009.
CHAPTER 28.
Preamble.
Justices and
townships.
Preamble.
AN ACT TO VALIDATE THE ELECTION OF CERTAIN JUS-
TICES OF THE PEACE IN ALLEGHANY COUNTY.
Whereas, at the general election held for the county of Alle-
ghany on the first Tuesday in November, one thousand nine hun-
dred and eight, the following persons were voted for and declared
elected, and have attempted to qualify and act as justices of the
peace for said county, to-wit: For Gap Civil Township, H. M.
Crouse, V. W. Reeves, R. V. Andrews, J. P. Andrews, D. C. Reeves.
R. M. Nichols and J. C. Roup ; for Prathers Creek Township, W. E.
Sturgill, R. A. Price, J. S. Owens, W. F. Jones and W. H. Weaver ;
and whereas doubts exist as to the legality of such election on
account of the fact that the persons voted for and declared elected
were more than said townships were authorized by law to elect :
therefore.
Election declared
valid.
Acts of justices
legalized.
The General Assembly of North Carolina do enact:
Section 1. That the election so held for the election of the jus-
tices aforesaid is hereby declared valid in every respect, and all
the official acts of the said justices are hereby legalized and made
as effectual as if said election had been regular in all respects.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2Sth day of January, A. D. 1909.
CHAPTER 29.
AN ACT TO ESTABLISH A STOCK LAW IN MOORE COUNTY.
Stock law ex-
tended.
The General Assetnhly of North Carolina do enact:
Section 1. That from and after the first day of April, one thou-
sand nine hundred and nine, the stock law shall be and is hereby
established in all the county of Moore, and from and after said
day it shall be unlawful for any live stock to run at large in any
1909— Chapter 29—30—31. 55
part of said couuty, uuder the paius and penalties set forth in
chapter thirty-live of the Revisal of one thousand nine hundred
and five.
Sec. 2. That the county commissioners of said county are hereby Sale of fences
. ^ , J., authorized,
authorized to dispose of either at public or private sale, as they
may deem l)est, the public fences of said county, the keeping of
which may be rendered unnecessary by this act, and turn over to
the stock-law fund of said county all the proceeds arising from
the sale of said fences.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. This act shall be in force from and after the first day of When act effect-
ive.
April, one thousand nine hundred and nine.
Ratified this the 2Sth day of January, A. D. 1909.
CHAPTER 30,
AN ACT TO EMPOWER COMMISSIONERS OF RICHMOND
COUNTY TO HIRE CONVICTS TO COMMISSIONERS OF
ADJACENT COUNTIES.
Tire General Assembly of Xorth Carolina do enact:
Section 1. That the County Commissioners of Richmond County Convicts seu-
, j_ , . . ^ ^ 1 tenced to roads
are hereby authorized and empowered to hire convicts sentenced may be hired
to the roads of Richmond County to the county commissioners, or ^° °*'^^'" counties,
good roads authorities, of some other county.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 28th day of January, A. D. 1909.
CHAPTER 31.
AN ACT TO AMEND CHAPTER 012. PUBLIC LAWS OF 1907,
AND REfiULATE THE CONTROL AND MANAGEMENT OF
AUTOMOBILES AND OTHER VEHICLES UPON THE PUB-
LIC ROADS AND HIGHWAYS IN ANSON COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That chapter six hundred and twelve of the Public Law to embrace
T ^ c ii i-iiiT ,.^<. i Anson county.
Laws of one thousand nine hundred and seven, being "An act re-
lating to the control and management of automobiles and other
A-ehicles upon public i-oads and highways in Guilford, Wake and
56
1909— Chapter 31— '32— 33.
Wayne counties" be amended as follows : After the word "Wayne,"
in line thirteen of section one, insert the words "and Anson," and
after the word "Wayne," in line three of section two, insert the
words "and Anson," and at the end of section three add the fol-
lowing: "All the provisions of this act shall apply to the county
of Anson."
Sec. 2. This act shall be in force and effect from and after its
ratification.
Ratified this the 2Sth day of January, A. D. 1909.
CHAPTER 32.
AN ACT TO AMEND SECTION 2028 OF THE REVISAL OP 1905
OF NORTH CAROLINA, RELATIVE TO TIME OF FILING
NOTICE OF LIEN.
The General Assemhli/ of North Carolina do enact:
Section 1. That section two thousand and twenty-eight of the
Revisal of one thousand nine hundred and five of North Carolina
be amended so that it will read as follows : Notice of lieu shall
be filed, as hereinbefore provided, at any time within twelve months
after the completion of the labor, or the final furnishing the ma-
Proviso: rights of terials, or the gathering of the crops : Provided, that as to the
ourchSiSprs
rights of a purchaser for value and without notice the notice of
lien must be filed within six months.
Ratified this the 28th day of January, A. D. 1909.
Time for filing
notice of lien.
CHAPTER 33.
AN ACT TO APPOINT TWO JUSTICES OF THE PEACE FOR
GATES COUNTY.
Mintonsville
township.
Hall township.
Term.
The General AssemMy of North Carolina do enact:
Section 1. That from and after the ratification of this act J. T.
Bunch of Mintonsville Township, and R. C. Cowper of Hall Town-
ship, are hereby appointed justices of the peace, each for their
respective township, in the county of Gates, for a term of six
years.
Sec. 2. That this act shall be in full force and effect from its
ratification.
Ratified this the 28th day of January, A. D. 1909.
1909 — Chapter 34 — 35. 57
CHAPTER 34.
AN ACT TO PREVENT THE DUMPING OF SAWDUST INTO
THE RUNNING STREAMS OF NASH COUNTY.
The General Assembly of North .Carolina do enact:
Section 1. That it shall be unlawful for the owner or operator Dumping^s^aw-^
of any sawmill in Nash County to dump sawdust into any of the forbidden,
running streams of said county except Tar River, Fishing, Swift, Streams excepted.
Turkey, Pigbasket, Stoney and Saponey creeks, in said county, or Acid from saw-
to run sawdust away from the sawmill so as the acid of the
sawdust will go into the stream or streams : Provided, that this act P™p|«^^«^rtain
shall not apply to any mill or mills operated by water power and
which have no means of hauling dust from the stream.
Sec. 2. That any person violating the provisions of this act shall Misdemeanor,
be guilty of a misdemeanor, and upon conviction shall be fined Punishment,
not more than fifty dollars, or imprisoned not more than thirty
days.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 35.
AN ACT FOR THE RELIEF OF J. T. SPICER, CHARLES L.
LEWIS, R. C. PUCKETT AND C. C. HEGGIE, COMMIS-
SIONERS OF THE TOWN OF STOVALL, IN GRANVILLE
COUNTY.
Whereas, .1. T. Spicer, Charles L. Lewis, R. C. Puckett and C. C. Preamble.
Heggie, who were named as commissioners of the town of Stovall,
in Granville County, by chapter four hundred and thirty-six of the
Private Laws of one thousand nine hundred and seven, entitled
*'An act to incorporate the town of Stovall, Granville County," and
who, within a short time after the ratification of said act, on the
eighth day of March, one thousand nine hundred and seven, as-
sumed the duties of commissioners of said town, and who served,
pursuant to the provisions of said act, as such commissioners un-
til the election and qualification of their successors on the first
Monday in May, one thousand nine hundred and eight, by inad-
vertence and oversight failed to publish, during their term of
office, the annual statement of the taxes levied and collected in
said town, with a statement of the amount expended by them,
and for what purpose, as required by section two thousand nine
hundred and seventy-three of the Revisal of one thousand nine
hundred and five; and whereas such statement was published
within a few days after the expiration of their term of office.
58
1909— Chaptek 35—3(3.
sliowing all tbe taxes levied and collected in said town, and the
amounts expended bj- tbem and for what purpose; and whereas
the said commissioners were faithful in the discharge of their
duties and expended the taxes levied and collected in an honest
and economical manner for the best interests of said town; and
whereas certain parties have instituted an action against the said
commissioners for the recovery of the penalty prescribed in sec-
tion two thousand nine hundred and seventy-three of the Revisal
of one thousand nine hundred and five, for failing to pul)lish such
statement : therefore.
Release and dis-
charge from pen-
alties.
Effect and appli-
cation of act.
The General .\i<semhJii of XortJi CaioVnui do ciiuet :
Section 1. That J. T. Spicer, Charles L. Lewis, R. C. Puckett
and C. C. Heggie, commissioners of the town of Stovall, in Gran-
ville County, from March eight, one thousand nine hundred and
seven, to the first Monday in May. one thousand nine hundred and
eight, and each of them, and the town of Stovall, be and they are
hereby released, and discharged from any and all penalties im-
posed by section two thousand nine hundred and seventy-three of
the Revisal of one thousand nine hundred and five for failing to
publish the annual statement as is prescribed in said section.
Sec. 2. That this act shall be in full force and effect from and
after its ratification, and shall apply to all actions now pending
against the said commissioners or any of them.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 36.
AN ACT TO PREVENT DUMPING SAWDUST INTO THE
STREAMS OF MACON COUNTY.
Dumping sawdust
into running
streams forbidden.
Proviso: water
mills established
and in operation
exceptecl.
Misdemeanor:
punishment.
Application of act.
The General Assembly of Korth Carolmu do enact:
Section 1. That it shall be unlawful for the owner or operator
of any sawmill in Macon County, or any agent or employee of
such owner or operator to dump the sawdust from such mill into
any river, creek, brook or other running stream of said county:
Provided, that this act shall not apply to any mill or mills operated
by water power and established and in operation at the ratifica-
tion of this act.
Sec 2. That any person, corporation or company violating the
provisions of this act shall be guilty of a misdemeanor, and upon
conviction shall be fined for each offense not more than ten ($10)
dollars, or imprisoned for not more than ten days.
Sec. 3. That this act shall apply only to Macon County, and
shall be in force from and after its ratification.
Ratified this the 29th day of January, A. D. 1909.
1909— Chapter 37—38. 59
CHAPTER 37.
AN ACT TO AMEND SECTION 2798 OF THE REVISAL OF 1905
OF NORTH CAROLINA, RELATIVE TO THE PAY OF JU-
RORS IN NEW HANOVER COUNTY.
The General AssemiJy of North Carolina do enact:
Section 1. That section two thousand seven hundred and ninety- Special
, „ „ veniremen.
eight of the Revisal of one thousand nine hundred and five of
North Carolina be amended by adding after the word "Nash," in
the sixteenth line, on page eight hundred and forty of said Re-
visal, the words "and New Hanover."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 38.
AN ACT TO AMEND SECTION 12S9 OF THE REVISAL OF 1905.
RELATIVE TO THE FEES OF WITNESSES IN WILKES
COUNTY.
I
The General Assem'bly of N07-th Carolina do enact:
Section 1. That section one thousand two hundred and eighty-
nine of the Revisal of one thousand nine hundred and five be
amended by adding at the end thereof the following words : ''Pro- Provided-, clerk of
vided, that at least thirty days before each criminal term of the "me IsUmate-s.
Superior Court the Clerk of the Superior Court of Wilkes County
shall file with the Board of Commissioners of Wilkes County an
estimate of the amount of money necessary to pay witnesses for
the State fiftj' cents on the dollar of the amount due."
Sec 2. That upon the filing of such estimate it shall be the County com-
missioners to pav
duty of the County Commissioners of Wilkes County to order the money over.
Treasurer of Wilkes County to pay to the Clerk of the Superior
Court of Wilkes County an amount of money sufficient to pay
State's witnesses fifty per cent of their witness fee and take re-
ceipt for same.
Sec. 3. That at each term of the court, when w^itnesses who Payments to
wit riGss^s
shall have been duly subpoenaed on behalf of the State shall be
discharged upon filing their ticket with the clerk of the Superior
Court and assigning said ticket to Wilkes County, the clerk of
said court shall pay said witness fifty per cent of the face value
of said ticket, which ticket shall be preserved by the clerk till the
case is finally disposed of, and at the termination of said case, if
the defendant be adjudged to pay the cost, the same shall be taxed
60
1909— Chapter 38—39.
iu the bill of cost which, when collected, shall be paid over to the
Treasurer of Wilkes County, who shall pay balance to witness.
Sec. 4. That within thirty days after each criminal term of the
court the clerk of the Superior Court shall pay over to the treas-
urer all the money so collected from defendants on witness fee,
and file a swoi-n statement of all money so collected.
Sec. 5. That it shall be the duty of the solicitor, as each wit-
ness is discharged, to give him a certificate showing the number
of days said witness is entitled to prove as a witness, which cer-
tificate shall be filed with the clerk.
Sec. 6. That if any individual shall purchase any witness ticket
from any witness the county shall not be liable to pay said wit-
ness, unless it shall show upon said ticket the amount so paid by
said purchaser, and then no greater amount than the amount so
paid, and iu no case to exceed fifty per cent of the face value
thereof.
Application of act. Sec. 7. That this act shall apply only to Wilkes County.
Sec. 8. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 29th day of January, A. D. 1909.
Cleric to pay over
money collected.
Solicitor to give
certificates to
witnesses.
Purchase of wit
ness tickets by
individuals.
CHAPTER 39.
AN ACT AMENDING SECTION 2021 OF THE REVISAL OF
NORTH CAROLINA OF 1905, RELATIVE TO LABORERS'
AND MECHANICS' LIENS.
Owners of prop
erty to require
itemized state-
ments from
contractors.
The General Assem'bly of North Carolina do enact:
Section 1. That section two thousand and twenty-one of the
Revisal of one thousand nine hundred and five of North Carolina
be amended as follows : By adding after the word "material" and
before the word "the," in line sixteen (16) of said section, "and it
shall be the duty of the owner to require in writing from such
contractor or other person before paying any part of the contract
price an itemized statement in writing, duly subscribed and sworn
to by such contractor or other person, of the amount due, if any,
to any such laborer, mechanic or artisan, and for material fur-
Liability of owner, nished ; and any owner who shall fail to require the furnishing of
such an itemized statement before making any payment on account
of such contract shall become liable to the extent of such pay-
ment or payments to any person or persons for such sums as may
be owing them for work or labor done or material furnished to or
for said contractor, architect or other person in or about said
Lien. property, and such sum shall be or become a lien on said property
as specified in said section or any other lawof this State, and as
1909— Chapter 39—40—41. 61
fully in all respects as if such itemized statement had been re-
quired and furnished."
Sec. 2. That this act shall apply only to Buncombe County. Application of act.
Sec. 3. That this act shall be in force from and after the first When act effect-
ive
day of April, one thousand nine hundred and nine.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 40.
AN ACT TO AMEND SECTION 2001 OF THE REVISAL OF 1905
OF NORTH CAROLINA, RELATING TO TENANTS IN BER-
TIE COUNTY.
Tlie General AssemNi/ of North Carolina do enact:
Section 1. That section two thousand and one of the Revisal Forfeit of rigiu of
T)OSSGSsion
of one thousand nine hundred and five of North Carolina be and
is hereby amended by adding after the word "Washington," in line
twelve, subsection four, the words "and Bertie," and by striking
out the word "and" immediately preceding the word "Washing-
ton," in said twelfth line and subsection four.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 41.
AN ACT TO AMEND SEVERAL SECTIONS OF THE REVISAL
OF 1905, TO-WIT: SECTION 2712, RELATIVE TO PAY OF
SUPERVISORS OF PUBLIC ROADS; SECTION 27S5, AL-
LOWING COUNTY COMMISSIONERS TO RECEIVE $3 PER
DAY FOR THEIR SERVICES, AND SECTION 2798, SO AS
TO INCREASE THE PAY OF JURORS TO $2 PER DAY AND
MILEAGE.
The General AssemUy of North Carolina do enact:
Section 1. That section two thousand seven hundred and twelve
of the Revisal of one thousand nine hundred and five of North
Carolina be amended by striking out all of said section after the
word "Chairman," in latter part of line nine and first part
of line ten, and inserting the following: "They shall receive two Pay of road
dollars per diem for holding said meetings, to be paid by the ^"P^rvisors.
county, the same to be audited and allowed by the county commis-
sioners as any other claim agaiast the county."
Sec. 2. That section two thousand seven hundred and eighty- Pay of county
five of the Revisal of one thousand nine hundred and five be commissioners.
62 1909— CiiAPTEK 41—42—43.
iiineiided by striking out the word "two," in line three, and insert-
ing the word "three" therein.
Pay of jurors. Sec. 3. That section two thousand seven hundred and ninety-
eight of tlie Revisal of one thousand nine hundred and five be
amended by strilving out the words "one dollar and fifty cents," in
line two, and inserting the words "two dollars" therein.
Application of act. Sec. 4. This act shall apply to Johnston County only.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 29th day of January, A. D. 1909.
CHAPTER 42.
AN ACT TO AMEND SECTION 2753 OF THE REVISAL OF 1905,
RELATIVE TO SALARY OF THE COMMISSIONER OF LA-
BOR AND PRINTING.
The General Assemhly of Islorth Carolina do enact:
Salary twenty SECTION 1. That section two thousand seven hundred and fifty-
hundred dollars. ^j^j^,gg ^^ ^j^g Revisal of one thousand nine hundred and five be
amended by striking out, in line two, the word "fifteen," and in-
serting in lieu thereof the word "twenty."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 30th day of January, A. D. 1909.
CHAPTER 43.
AN ACT TO PRESCRIBE FEES FOR THE REGISTER OF
DEEDS FOR CATAWBA COUNTY FOR REGISTRATION OF
BUILDING AND LOAN DEEDS OF TRUST.
The General AssentWy of North, Carolina do enact:
Register's fee. Section 1. That the Register of Deeds for Catawba County
shall be allowed as a fee for his services for registering any deed
of trust, in which real property is conveyed to a trustee to secure
a loan from a building and loan association, the sum of eighty
cents.
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 this the .30th day of January. A. D. 1909.
1909— CHArxEE i4 — 45. 63
CHAPTER 44.
AN ACT TO PAVE THE SIDEWALK IN FRONT OF THE
COUNTY COURTHOUvSE. ON MAIN STREET. IN THE TOWN
OF HENDERSONVILLE.
The General Assembly of XortJi Carolina do enact:
Section 1. That the board of commissioners of the county of County commis-
Ileuderson shall be authoi'ized, empowered and directed, and are dowfi^cement
hereby authorized, empowered and directed to put down a cement •'^iclewalk-.
sidewalk in front of the county courthouse on Main Street in the
town of Heudersonville to correspond with the sidewalks already
constructed in front of the property of private owners abutting
on said street.
Sec. 2. That this act shall be in force from and after Its ratifi-
cation.
Ratified this the 30th day of -Tanuarv. A. D. 1909.
CHAPTER 45.
AN ACT TO CORRECT THE CALLS OF LAND GRANT
No. .347, IN CALDWELL COUNTY.
71ic General Asseinhly of North Carolina do enact:
Section 1. That land grant number three hundred and forty- Grant to be
corrected
seven, Issued to Abraham Sudderth, Jr., and dated seventeenth
March, one thousand eight hundred and fifty-one, be corrected so
that the calls may agree with the plat as follows : Beginning at a Metes and bounds.
dead white-oak and hickory and runs east fifty poles to a stake in
William Taylor's line, then south with said Taylor's line one hun-
dred poles to a chestnut oak, then east on said Taylor's line one
liundred and fifty poles to a stake on the bank of Steel's Creek, then
up the meanders of said creek south forty-five west one hundred
poles to a stake in Roljert Anton's line, then west one hundred and
fifty poles to a stake, then north one hundred and eighty poles to
the beginning.
Sec. 2. That the Secretary of State be and he is hereby author- Correction to be
ized to correct said grant upon the records in his office, and that ^^^^ "" records,
the register of deeds for the county of Caldwell, upon presentation
to him of a duly certified copy of this act be and is hereby author-
ized to correct said grant upon the records in his office in accord-
ance with this act.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the :U)tli day of .Tanuarv, A. I). 1909.
64
1909— Chapter 46.
CHAPTER 46.
AN ACT TO CONFER POLICE POWERS ON DEPUTY SHER-
IFFS AT KANNAPOLIS, IN CABARRUS AND ROWAN
COUNTIES, AND TO PROTECT PROPERTY AND PRE-
SERVE THE PEACE OF SAID VILLAGE.
Arrests without
warrant author-
ized.
Justices before
whom persons
arrested to be
taken.
Confinement
pending trial.
Duty of deputy
sheriff.
Power to sum-
mons posse.
Refusal to aid
deputy a mis-
demeanor.
Punishment.
Public drunken-
ness a misde-
meanor.
The General Assembly of North Carolina do enact:
Section 1. That whenever it shall be necessary for the preser-
vation of the public peace, good order and decency, of the pro-
tection of life, liberty, person or property of individuals in the
village of Kannapolis. situated in Cabarrus and Rowan counties,
or in one mile of the cotton mills erected in Kannapolis, the dep-
uty sheriff or deputy sheriffs appointed by the Sheriff of Cabarrus
County, living and residing in Kannapolis, shall have power and
authority, and it shall be the duty of said deputy sheriff to arrest
the body of parties violating the law in Cabarrus County in one
mile of said cotton mills without warrant, and take such person
or persons before the justice of peace residing in that part of
Kannapolis which is in Cabarrus County, when and where formal
complaints shall be made against such offendei's as is prescribed
by law, to the end that such persons may have a speedy trial and
be dealt with as the law directs. The said ofllcer shall likewise
have authority and it shall be his duty to arrest the body of all
persons violating the law in that part of Rowan County lying
within one mile of the Kannapolis Cotton Mills without warrant,
and take such persons before the nearest magistrate residing in
Rowan County, when and where formal complaint shall be made
against such offenders as is prescribed by law. to the end that
such persons may have a speedy trial and be dealt with as the
law directs. And in the meantime, and until the case of such per-
son or persons charged with having violated the law shall be tried
and disposed of by the justice of peace, such person or per-
sons may be confined in a guardhouse or calaboose provided for
that purpose by said officers, unless bail shall be given as provided
by law. That it shall be the duty of said deputy sheriff to sup-
press all disturbances of the quiet and good order in the village of
Kannapolis and to prevent as far as possible all injuries to prop-
erty in said village, and if the deputy sheriff shall be resisted in
the execution of his duty he shall have the power and it shall be
his duty tp call to his assistance any citizen or citizens, and if
such citizen or citizens refuse to aid such officer when called he
or they shall be guilty of a misdemeanor, and upon conviction
shall be fined not exceeding fifty dollars or imprisoned not exceed-
ing thirty days.
Sec. 2. That any person found drunk on the streets or roads
or in any public place in said village of Kannapolis, or on the
1909— Chapter 46—47. 65
premises of the Kannapolis Cotton mills, or in one mile thereof,
shall be guilty of a misdemeanor, and upon conviction shall be Punishment.
fined not less than five dollars nor more than fifty dollars, or im-
prisoned not exceeding ten days.
Sec. 3. That any person ■ who shall use vulgar or obscene Ian- Use of vulgar or
,, . „ ,, T- 1- /-. ii -»r-ii 1 11 1 obscene language
guage on the premises of the Kannapolis Cotton Mills shall be a misdemeanor.
guilty of a misdemeanor, and upon conviction shall be fined not
less than five dollars nor more than ten dollars, or be imprisoned
not more than ten days.
Sec. 4. That it shall be lawful for the justice of the peace re- Powers of justice
•J- • T- 1- •* 1 1 1 J. 1 1- ^1 ^ of the peace in
sidmg in Kannapolis, if he has good reason to believe that any relation to gaming
one has knowledge of the playing within orne mile of the Kanuapo- f-^^^ig^^ and sales
lis Cotton Mills any of the games prohibited by a law of this of liquor.
State, or that any one has knowledge of the unlawful sale of
spirituous, vinous or malt liquors within one mile of the Kan-
napolis Cotton Mills, or that any person keeps a bawdy house or
house of ill fame in one mile of the said cotton mills, to issue a
summons in writing, commanding such persons to appear before
him and give evidence of what he may know of such gaming or
unlawful sale of liquors or bawdy house or house of ill fame, and
the person giving such evidence shall not be prosecuted for having Persons giving
GviddiCG not
participated in such offense as he shall give evidence in. prosecuted.
Sec. 5. That said deputy sheriff shall wear a policeman's badge Deputy to wear
when on duty. ^^'^^^■
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 30th day of January. A. D. 1909.
CHAPTER 47.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMIS-
SIONERS OF BRUNSWICK COUNTY TO OFFER A REWARD
FOR THE CAPTURE OF J. C. WALKER.
TJie General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Bruns- Offer of reward
wick County be and they are hereby authorized to offer a reward ^-uthonzed.
not to exceed the sum of four hundred dollars to any person or Limit,
persons for the capture of one ,T. C. Walker, who killed Sherifi!
Jackson Stanhind of Brunswick County and effected his escape
from the county jail in Brunswick, January twenty-ninth, one
thousand nine hundred and nine, and is now a fugitive from jus-
tice.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
Pub.— 5
66
1909— Chapter 48—49—50.
CHAPTER 48.
AN ACT APPOINTING T. J. WOOTEN A JUSTICE OF THE
PEACE FOR ROBESON COUNTY.
The General Assembly of Nf})th Carolina do enact:
Appointment. Section 1. Tbcat T. J. AVooten, of Maxton Township, be and he
Term. is hereby appointed a .iustice of the peace of Robeson County for
a term of six years.
Sec. 2. Tliat this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of Feliruarv. A. D. 1909.
CHAPTER 49.
AN ACT TO AMEND SECTION 1042 OF THE REVISAL OF 190.5.
Sale of personal
property under
mortgage.
The General Assemhly of North Carolina do enact:
Section 1. That section one thousand and forty-two of the Re-
visal of one thousand nine hundred and five be amended by strik-
ing out in lines one and two the words "real and personal," and
inserting between the words "all" and "property." in line one, the
word "personal."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 50.
AN ACT TO AMEND SECTION 1283, CHAPTER 22, REVISAL
OF 1905, RELATIVE TO LIABILITY OF COUNTIES IN
CRIMINAL ACTIONS.
Half fees when
bill ignored.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand two hundred and eighty-
three, chapter twenty-two, Revisal of one thousand nine hundred
and five, be and the same is hereby amended by inserting in line
thirteen, after the word "Mecklenburg" and before the word
"Montgomery," the word "Mitchell."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 4th day of February. A. D. 1909.
1909 — Chapter 51 — 52.
CHAPTER 51.
67
\N \CT TO AMEND CHxS.PTER 113, SECTION 5315 OF THE
RE VI SAL OF 1905, OF NORTH CAROLINA, IN REFERENCE
TO STATE BOUNDARIES.
The General Asse)nl)Jij of North Carolina do enact:
Section 1. That section five thousand three hundred and fifteen
(5315) of the Revisal of one thousand nine hundred and five of
North Carolina he and the same is hereby amended by inserting
at the end of the said section the following words: "And the Gov- Govemor^author-
ernor is also authorized, whenever in his judgment it shall be ^^^^ prosecute
deemed necessary to protect or establish the boundary lines be- suits.
tween this State and any other State, to institute and prosecute
in the name of the State of North Carolina any and all such
actions, suits or proceedings at law or in equity, and to direct the AU^orney^general^
Attorney General or such other person as he may designate to conduct actions,
conduct and prosecute such actions, suits or proceedings."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 52.
\N \CT TO PREVENT THE SALE OR DISPOSAL OF TIMBER
' OR CROSS-TIES CAUGHT ADRIFT IN THE WATERS OF
THE CAPE FEAR RIVER IN THE COUNTIES OF BRUNS-
WICK, NEW HANOVER AND PENDER.
The General AfisenMy of North Carolina do enaet:
Section 1. It shall be unlawful for any person, firm or ^o^'P^- S^lf J^^hf^u^^^l
ration catching adrift any logs, piling, cross-ties, timber or lum-
ber in the waters of the Cape Fear River or its tributaries, an the
counties of New Hanover, Brunswick, above the mouth of Town
Creek, or Pender, to dispose of or sell said logs, piling, cross-ties,
timber or lumber without first advertising for fifteen days ^^ Notice and publi-
posting four notices of such sale at four public places in the ^^^.on prescnbea.
county in which said sale shall take place, one notice to be posted
at the door of the county courthouse, one to be posted at the place
where the sale will take place, and two at any other public places
in the county ; said notice to particularly describe the articles to
be sold and where caught and when caught.
Sec. 2. Any person, firm or corporation violating the provisions Punishment.
of this act shall upon conviction be fined not less than ten dollars
or imprisoned not more than thirty days.
Sec 3. That this act shall be in force from and after the first
day of March, one thousand nine hundred and nine.
Ratified this the 4th day of February, A. D. 1909.
68
1909— Chapter 53—54.
CHAPTER 53.
AN ACT TO AMEND SECTION 1311 OF THE REVISAL OF
1905, RELATING TO THE BOARD OF COMMISSIONERS
FOR THE COUNTY OF PITT.
Board to consist of
five members.
Acts of present
and preceding
boards validated.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand three hundred and eleven
(1311) of the Revisal of one thousand nine hundi'ed and five be
amended by striking out the word "and," in line fifteen, and by
inserting the words "and Pitt," in line sixteen, immediately after
the word "Wayne."
Sec. 2. That no act of the present or preceding boards of com-
missioners of Pitt County shall be held to be invalid or illegal
because such boards were composed of five instead of three mem-
bers; that all such acts are hereby validated and confirmed.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 54.
AN ACT TO PREVENT THE DEPREDATION OF TURKEYS
AND GEESE IN JACKSON AND SWAIN COUNTIES.
Unlawful to allow
turkeys or geese
to run at large.
Notification.
Misdemeanor.
Punishment.
The General Assembly of North Carolina do enact:
Section" 1. That it shall be unlawful for any person or persons
who raise turkeys or geese for the market or who sell the same in
the market, in Qualla Township, in Jackson County, and Charles-
ton Township, in Swain County, where the stock law prevails, to
permit turkeys or geese to run at large, after being notified as in
section two of this act, on the lands of any other person while
such lands are under cultivation in any kind of grain or feed stuff
or while being used for gardens or ornamental purposes.
Sec 2. That any person so permitting his turkeys or geese to
run at large in the above-named territory, after having been noti-
fied to keep them up, shall be guilty of a misdemeanor, and upon
conviction shall be fined not less than five dollars nor more than
ten dollars.
Sec. 3. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 4th day of February, A. D. 1909.
1909— Chapter 55—56—57. 69
CHAPTER 55.
AN ACT TO AMEND SECTION IGGl OF THE REVISAL OF
1905 OF NORTH CAROLINA, PERTAINING TO FENCES IN
SAMPSON COUNTY.
The General Assembly of J^^orth Carolina do enact:
Section 1. That section one thousand six hundred and sixty-one Four and one-half
of the Revisal of one thousand nine hundred and five be and the ^^ ^^ " ^^^^'
same is hereby amended by inserting the word "Sampson" be-
tween the words "Tyrrell and Brunswick," in line six of said sec-
tion.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 56.
AN ACT TO PROTECT SQUIRRELS IN SAMPSON COUNTY.
The General Assembly of No7-th Carolina do enact:
Section 1. That the close season or time in each year during Close season as to
which no squirrels shall be hunted, killed or in any way captured ^'"P^"'^ ^°^'^ ^•
shall be, as to the county of Sampson, from the first day of March
to the first day of November of each and every year. This act Act applies to
shall apply to Guilford County. ^""'°^'' "°"°*y-
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 57.
AN ACT TO PERMIT GUARDIANS TO CULTIVATE
LANDS OF THEIR WARDS.
The General Assembly of Noi-th Carolina do enact:
Section 1. That where any parent of a minor child is now or Parents qualifying
shall hereafter qualify as guardian of his or her said minor child. fnake'^appHcaUon
and said ward shall own or be entitled to the possession of any to clerk superior
court,
real estate used or that may be used for agricultural purposes, it
shall be lawful for such guardian to make application to the clerk
of the Superior Court of the county wherein said land is situate
for permission to cultivate said land, setting forth in said applica-
tion the nature, extent and location of the same; whereupon it
shall be the duty of the clerk of the Superior Coui't of said county
to appoint three disinterested freeholders, residents of said county.
70
1909— Chapter 57—58—59.
Jury to assess
rental value.
Clerk to make
order if to interest
of ward.
Limit of order.
Fees of com-
missioners.
who shall go upon said laud and, after being duly sworn to act
impartially, assess the annual rental value thereof. Said com-
missioners shall report their proceedings and findings to the clerk
of the Superior Court within ten days after the notification of
their appointment; and if said clerk shall deem the same to be
to the interest of said ward he shall make an order allowing said
guardian to cultivate said land for a term not exceeding three
years (provided the same shall not extend beyond the coming of
age of said minor) at the annual rental value assessed by said
commissioners, to be paid to said wards by said guardian.
Sec. 2. That said commissioners shall receive as compensation
for said services the same fees as are allowed commissioners in
partition of real estate.
Sec. 3. That this act shall be in effect from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 58.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF RUTH-
ERFORD COUNTY TO LEVY A SPECIAL TAX FOR BRIDGE
PURPOSES.
Special tax au-
thorized.
Limit.
Term.
The General Assembly of North Carolina do enact:
Section I. That the commissioners of Rutherford County are
hereby authorized and empowered to levy a special tax of not
exceeding twenty cents on the one hundred dollars' worth of prop-
erty for the purpose of building bridges in Rutherford County
and paying for bridges already constructed or contracted for ;
said tax to be levied for the years one thousand nine hundred and
nine and one thousand nine hundred and ten.
Sec. 2. This act shall be iu force from and after its ratification.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 59.
AN ACT TO ESTABLISH A SPECIAL CRIMINAL COURT IN
THE CITY OF DURHAM, AND IN DURHAM TOWNSHIP,
AND TO PRESCRIBE THE JURISDICTION THEREOF.
Recorder's court
created and
established.
The General Assembly of North Carolina do enact:
Section 1. A special court for the trial of petty misdemeanors
coumiitted in the city of Durham and in Durham Township, Dur-
ham Countj', and to be designated as the "Recorder's Court of
Durham," is hereby created and established.
1909 — Chapter 59. 71
Sec. 2. Said court shall be a court of record, and it shall bo Court of record.
presided over by a recorder, who shall be a qualified voter of Dur- Recorder,
ham Township, Durham County, and a regular practicing attor-
ney therein and, in his absence or sickness, by a substitute Substitute re-
recorder, who shall possess the qualification of the recorder.
Sec 3 Said recorder and substitute recorder shall be each Election of re-
,„,,„,,„,, corder and sub-
elected at a joint meeting of the members or board ot aldermen gtitute recorder.
of the city of Durham and the members of board of commission-
ers of the county of Durham, at the courthouse in said count:v% at
twelve o'clock of the day, on the first Monday of January, one
thousand nine hundred and ten. and every two years thereafter.
The term of oflice of the recorder and substitute recorder elected Term of office,
as herein provided shall be two years. Until said election is held,
R. H. Sykes is hereby appointed recorder of said court and J. E. ^f^^^^f^g^^^^^^'^g^^"'^"
Pegram is hereby appointed substitute recorder of said court.
Said recorder and substitute recorder herein appointed aud each Recorder and^sub-
recorder and substitute recorder to be elected as herein provided
shall, before entering upon the discharge of his duties, take and
subscribe the oath required of Judges of the Superior Court, be-
fore the Clerk of the Superior Court of Durham County, which
said oath shall be recorded by said clerk. The salary of the Salary.
recorder shall be twelve hundred dollars per year, to be paid
monthly out of the funds and in the manner as herein provided.
Sec. 4. The court shall hold daily sessions, Sundays excepted. Time and place of
at the courthouse in Durham County, except when the Superior ^ "
Court shall be in session in said county, during which time the
sessions of said recorder's court shall be held at such place as piace for session
shall be provided by the board of commissioners of the county of '° ^'^ provided.
Durham and the board of aldermen of the city of Durham, and
it is hereby made the duty of the said board of commissioners of
the county of Durham and the board of aldermen of the city of
Durham to provide a suitable place for the holding of the said
courts during the term of the Superior Court in Durham County.
The first session of said coui't shall be held on the, second Monday First .session of
morning after the ratification of this act. The Secretary of State secretary of state
is directed, upon the ratification of this act, to forward a certified ^o furnish copies
copy thereof to the board of aldermen of the city of Durham and
to the board of commissioners of the county of Durham.
Sec. 5. Said court shall have a seal with the impression "Ko- Seal of court.
corders Court of Durham," which seal shall be used in attestation
of writs, warrants or other proceedings, acts or iudgments of said
court, whenever required, and in the same manner and to the
same effect as the seal of other courts of record in the State of
North Carolina.
Sec. 6. There shall be a clerk of said court, who shall be a Clerk of court.
(lualified voter of the township of Durham, and who shall be
elected as hereinbefore provided for the election of the recorder Election.
72
1909— Chapter 59.
and to qualify.
Term. of said court, and shall hold office two years, and, until said elec-
Clerk named. tion is so held, R. A. Harris is hereby appointed clerk of said
Salary. court. The salary of said clerk shall be forty dollars per month,
to be paid as hereinatfer provided for the payment of the salary
Clerk to give bond of the recorder of said court. Before entering upon the duties of
his office as such clerk, the clerk herein appointed and the clerk
of said court whose election is herein provided for shall enter
into a bond, with good and sufficient surety, to be approved by the
recorder of said court, in the sum of fifteen hundred dollars, for
the true and faithful performance of his duties as clerk and for
the faithful accounting for all moneys which may come into his
hands as such clerk ; and said clerk herein appointed and the
clerk whose election is herein provided for shall, before entering
upon the discharge of his duties, take and subscribe an oath now
provided by law for clerks of the Superior Court before the Clerk
of Superior Court of Durham County, who shall record said oath.
Sec. 7. The jurisdiction of said court shall be as follows:
(a) Said court shall have final, exclusive, original jurisdiction
of all criminal offenses committed within the city of Durham
which are now within the jurisdiction of the justices of the peace
or which may hereafter be within the jurisdiction of the justices
of the peace.
(b) Said court shall have final, exclusive, original jurisdiction
of all violations of town ordinances committed within the limits
of the city of Durham.
(c) Said court shall have final, concurrent, original jurisdic-
tion of all criminal offenses committed within Durham Township,
outside of the corporate limits of the city of Durham, which are
now or may hereafter be within the jurisdiction of the justices of
the peace.
(d) Said court, in addition to the jurisdiction conferred in sub-
sections (a), (b), (c) of this section, shall have final, exclusive,
original jurisdiction of the following criminal offenses, to-wit:
Carrying concealed weapons ; gaming ; gambling ; keeping gamb-
ling tables and houses; keeping bawdy houses and disorderly
houses ; the larceny of and the receiving stolen goods, knowing
them to be stolen, where the property stolen does not exceed ten
dollars in value; for failure to list taxes; assault and battery
with a deadly weapon, or when serious damage is done ; fornication
and adultery; abandonment; failure to provide adequate support;
cruelty to animals ; malicious injury to real or personal property ;
trespassing on land after forbidden ; forcible trespass ; enticing
servants to leave masters ; indecent exposure of person ; retailing
spirituous liquors without license ; selling or giving away spiritu-
ous liquors to a minor ; selling or giving away cigarettes to a
minor ; obtaining advances by a false pretense ; disposing of mort-
gaged property ; maintaining nuisances ; all crimes against public
Jurisdiction.
Criminal offenses
within justices'
jurisdiction.
Violations of town
ordinances.
Criminal offenses
in township.
Jurisdiction as to
offenses enumer-
ated.
1909— Chapter 59. 73
health, as contained in the Revisal of one thousand nine hundred
and five, from section three thousand four hundred and forty to
three thousand four hundred and fifty-eight, inclusive ; all mis-
demeanors as contained in chapter eighty-one of the Revisal of
one thousand nine hundred and five, or any act amendatory
thereof, where the punishment does not exceed a fine of two hun-
dred dollars and imprisonment for one year, and all crimes which
at common law are misdemeanors, wherein the punishment is in
the discretion of the court; and all such crimes hereinbefore
enumerated are hereby declared by this act to be petty misde-
meanors, and the punishment therefor shall be as now prescribed
by law.
(e) In any other criminal matter whei'ein said court has not Jurisdiction in
final jurisdiction it shall have power and it is hereby fully vestigatioi^.''^"
authorized to hear and bind over to the proper court all persons
charged with any crime committed within the city of Durham or
the township of Durham, whereof the preliminary investigation
is now conferred on justices of the peace or the Mayor of Dur-
ham, and to render such judgment in such matters as now pro-
vided by law : Provided, that in any case where prosecution has Proviso: jurisdic-
beeu commenced prior to the ratification of this act the court in tions'heretofore
which said prosecution has been instituted shall have jurisdiction instituted.
thereof. And any and all cases heard by the recorder of the Committals and
court established by this act as committing magistrate against
any person or persons for any offense whereof said court herein
established has not jurisdiction, in which probable cause of guilt
is found, such person or persons so charged shall be bound in
bond or recognizance, with sufficient surety, if the crime be baila-
ble under the law, to appear at the next term of the Superior
Court of Durham County for the trial of criminal cases, and in
default of such bond or recognizance such or persons shall be
committed to the common jail of Durham County to await trial
as aforesaid ; if the crime be not bailable, then to commit the
defendant so charged to the common jail of Durham County to
await the action of the Superior Court thereof.
(f ) Said recorder shall have all the power and jurisdiction and Power to sentence
authority now conferred by law upon justices of the peace or the fo ro'ad work!'^^^'^
Superior Court of Durham County to sentence any person con-
victed in said court of a misdemeanor, for which the punishment
prescribed by law is imprisonment, to be worked on the public
roads of said county, as now provided by law, and the clerk of
said court shall issue commitments therefor in the same manner Commitments.
as now provided by law for clerks of the Superior Court.
(g) Warrants may be issued by the recorder of said court for Warrants.
any person or persons charged with conmiii^sion of any criminal
offenses of which the said court has jurisdiction, and any person
convicted in said court shall have the right to appeal to the Supe- Right of appeal.
74
1909— Chapter 59.
Jurisdiction of
offenses heretofore
committed.
Costs.
Fees.
Costs to be paid
over to county
treasurer.
Account and re-
port of costs.
Monthly reports
of clerk.
Disposal of fees.
Appropriation to
court if fees in-
sufficient.
Disposal of excess
of fees.
Fines.
rior Court of Durham Couuty, and upon sucli appeal the trial
in the Superior Court shall be de novo.
(h) The said recorder's court shall have jurisdiction of auy and
all criminal offenses, as hereinbefore in this section enumerated,
which have been connnitted before the ratification of this act. and
of which no court has taken .iurisdictiou.
Sec. 8. The costs of serving warrants, subpoenas and other
process issued by said recorder's covirt shall be the same as now
fixed by law, and shall be paid to the ofKcer performing such
services. The fees for issuing the warrants, subpoenas for wit-
nesses and for making up bill of costs and for any other process
or writ issued by said court or services performed by said clerk,
for which a fee is now prescribed by law, shall be the same as
now fixed by law for .lustices of the peace and clerks of the Supe-
rior Courts in similar cases ; and every defendant convicted, ad-
judged gullt.v or who ])leads guilty in said court shall be taxed
with the costs of the prosecution, as now prescribed by law, and
all such costs recovered and collected in said court, except costs
due to the sheriff, constable, police officers or special deputized
ofllcer, shall be paid on Monday of each week by the clerk of said
court to the Treasurer of Durham County, who shall keep a sepa-
rate account thereof, and who shall report to the board of alder-
men of the city of Durham and the board of commissioners of the
county of Durham, on the first day of each month, the amount
paid him by said clerk. And the said clerk shall file with the
board of aldermen of the city of Durham and the board of com-
missioners of the county of Durham, on the first day of each
month, an itemized statement of all costs collected by him and
paid to the treasurer of the county of Durham for the month pre-
ceding. Out of the fees so paid to the treasurer of the county by
the clerk of said court there shall be paid monthly, if same be
sufficient, the salary of the said recorder, the compensation of the
prosecuting attorney and the salary of the clerk of said court
and the expenses of stationer.v, books, files, dockets and other
such expenses of said court. If the fees so collected and paid to
the treasurer of the county of Durham shall be insufficient to pay
said salary of the said recorder and the said clerk and the ex-
penses of said court and the compensation of the prosectiting
attorney, then the difference shall be paid one-half by the city
of Durham and one-half by the board of commissioners of the
county of Durham. If the fees at the end of each year shall be
in excess of the salary of the recorder and of the clerk for the
year and the expenses for stationery and other expenses of said
court, the said excess shall be paid by the treasurer of the county
of Durham — one-half to the treasurer of the cit.v of Durham and
one-half retained by the said treasurer and credited to the gen-
eral county fund of the county of Durham. The clear proceeds of
1909— Chaptee 59. 75
all fines collected by the clerk of said recorder's court shall be
paid to the treasurer of the county of Durham and shall be held
by said treasurer for the purposes now provided by law.
Sec. 9. The warrants, subpoenas and other process issued by Process and serv-
said recorder's court shall be directed to the sheriff or other law-
ful officer of Durham County, and service thereof shall be law-
fully made, when made by the sheriff of said county or any con-^
stable of said county or any police officer of the city of Durham
or, in the absence of such officers, by any proper person specially
deputized by the recorder in writing to make service ; and said
warrants, subiXKnas and other process of said court, when attested
by the seal of said court, shall run anywhere in the State of North
Carolina and shall be executed by all officers according to law.
Sec. 10. Whenever any person is convicted of any offense of Road work for
which said court has .lurisdictiou, and the punishment imposed is
a fine or imprisonment, or imprisonment and costs, the recorder
shall sentence the defendant to be worked upon the public roads
of the county of Durham until such sentence has been complied
with, and the clerk of said court shall issue commitment of the
defendant in accordance with the .iudgment of said court.
Sec. 1L The recorder shall preside over said court and try and Proceedings.
determine all actions coming before him, the jurisdiction of which
is conferred by this act, and the proceedings of such court shall
be the same as are now prescribed for justices of the peace, and
in all cases there shall be a right to appeal, on the part of the Right of appeal.
defendant adjudged guilty, to the ensuing term of the Superioi-
Court of said county for the trial of criminal causes ; and in all
such cases of appeal the defendant shall be required to give bond Bond on appeal.
with sufficient surety, to be fixed by the said recorder, conditioned
for the defendant's appearance at such court, and in default
thereof the recorder shall commit such defendant to the common
jail of Durham county until said defendant shall give bond or be
otherwise discharged according to law.
Sec. 12. Said court shall also have jurisdiction to try all actions jurisdiction for
for i-ecovery of any penalties imposed by law or this act or hy ^*|'j°g^^[^^^ °^
any ordinance of the city of Durham for any act done within said
city of Durham contrary to law or said ordinances, and said
penalty shall be recovered in the name of the said city of Durham.
Sec. 13. It shall be the duty of the clerk of said coiirt to keeji Record.s to be kept
an accurate account and true record of all costs, fines, penalties, ^^^ '"'frk-
forfeitures and punishments by said court imposed under the pro-
visions of this act, and said record shall show the name and resi-
dence of such offender, the nature of the offense, the date of hear-
ing of trial and punishment imposed, which record shall at all
times be open to and subject to inspection by the board of com-
missioners of the county of Durham and the board of aldermen of
the city of Durham and other persons having business relating to
said court. He shall provide a permanent docket for recording all Dockets.
76
1909— Chapter 59.
Files.
Cases hearable
before mayor.
Cases pending in
Superior court.
Cases pending
before justices.
Recorder and sub-
stitute to practice
law.
Clerk may liold
other office.
Substitute re-
corder to preside
in absence of re-
corder.
Compensation.
Removal for
cause.
City attorney to
prosecute.
Compensation.
the processes issued by said court, whicli shall conform to the
dockets kept by the clerk of the Superior Court. He shall also
provide proper files to properly keep records of all causes which
shall be disposed of in the said court and what disposition has
been made of them.
Sec. 14. All cases which have heretofore been hearable by the
^Mayor of Durham shall, after this act goes into effect, be tried
by the recorder appointed in this act ; but no cases which are
pending in the Superior Court of Durham County at the time this
act goes into effect shall be transferred to the recorder's court,
but the same shall be disposed of in that court; and all cases
pending before the justices of the peace of Durham County shall
be tried and disposed of by said court in accordance with the law
as it existed at the time of the ratification of this act.
Sec. 15. That the recorder and substitute recorder of said court
shall not by virtue of his office as recorder be prevented from prac-
ticing law in matters in which he is in no way connected by rea-
son of the said office, or in other courts in the State in matters
which have not been heard or will not be heard by him as re-
corder ; that the clerk of said court shall not be deprived of hold-
ing other office, the duties of which will not interfere with his
performing the duties of said office of clerk.
Sec. 1G. In the absence of the recorder from the city of Dur-
ham, in the event of sicknesss or disability to hold the daily ses-
sions of said court, the court shall be presided over by the substi-
tute recorder elected as herein provided, and he shall have all the
powers and perform all the duties the same as the recorder. His
compensation shall be five dollars per day, to be paid out of the
salary of the recorder.
Sec. 17. The recorder, substitute i-ecorder or the clerk of said
court may be removed from office by the board of aldermen and
the Board of Commissioners of Durham County in joint session,
after hearing and notice to the officer whose removal is being
investigated, upon proof of immorality or incompetentcy and con-
tinued neglect of the duties of his office; and if either of said
officers is removed the said boards at said joint meeting shall
elect his successor for the unexpired term.
Sec. 18. The city attorney of the city of Durham shall prose-
cute any and all actions before said recorder's court, and his com-
pensation shall be fixed by the board of aldermen and board of
county commissioners (one-half to be paid by the city of Durham
and one-half by the county of Durham) at a joint meeting to be
held on the first Monday of the month next following the enact-
ment of this law.
Sec. 19. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec 20. This act shall be in force and effect from and after its
ratification.
Ratified this the 4th day of February, A. D. 1909.
1909— Chapter 60—61. 77
CHAPTER 60.
AN ACT TO REGULATE THE PAY OF JURORS IN
WILSON COUNTY.
Tlie General Assembly of North Carolina do enact:
Section 1. That the pay of jurors attending upon the Superior
Court of AVilson County shall be as follows :
(a) Each regular juror shall receive two dollars for each day Regular jurors.
which he serves, and no mileage.
(b) Each tales juror shall receive one dollar and twenty-five Talesmen.
cents for each day he serves, and no mileage.
(c) Each special venireman, when not impaneled for jury serv- Special venire-
ice, shall receive fifty cents, and no mileage, and when impaneled
shall receive two dollars for each day which he serves, and no
mileage.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Sec. 3. This act shall apply ouly to Wilson County. Application.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 61.
AN ACT TO APPOINT M. C. PADGET A .JUSTICE OF THE
PEACE FOR LINCOLN COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That M. C. Padget, of Lincolnton Township, Lincoln Appointment.
County, be and is hereby appointed a justice of the pepace for
Lincolnton Township, in said county, to hold ofiice for a term of Term.
six years from the ratification of this act.
Sec. 2. That it shall be lawful for the said M. C. Padget to re- To retain books
. and records.
tain any unfilled docket, The Code and other books furnished to
justices of the peace, now in his possession, for the proper con-
duct of the business of the ofiice of justice of the peace.
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 this the 4th day of February, A. D. 1909.
78
1909— Chapter 62—63.
CHAPTER 62.
AN ACT TO AINIEND SECTION 2721 OF THE RE VI SAL OF
1905. RELATIVE TO ROAD LAW.
The General Assoiihlij of yorth Carolina do enact:
Road duty. SECTION 1. That section two thousuurt seven hundred and
twenty-one of the Revisal of one thousand nine hundred and five
be amended by striking out the words "the road shall require not
more than" and the word "any," in line two of said section, and
the word "one," in line three, and insert in lieu thereof the word
"each."
Application. Sec. 2. That this act shall apply to Yadkin County only.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th day of February, A. D. 1909.
CHAPTER 63.
AN ACT TO PROTECT THE PUBLIC ROADS OF NEW HAN-
OVER COUNTY BY LEVYING A LICENSE TAX ON AUTO-
MOBILES AND OTHER MOTOR VEHICLES FOR THE RE-
PAIR OF THE PUBLIC ROADS.
License tax.
Amount.
License due as
other taxes.
Proviso: registra-
tion not allowed
before payment of
license tax.
Registration void.
Automobiles
owned by non-
residents.
The General Assemhly of North Carolina do enact:
Section 1. That all owners of automobiles or other motor ve-
hicles in New Hanover Countj^ shall pay to the sheriff of said
county an annual license tax, to be used for the repair of the
public roads, of two dollars for each runabout or other motor
vehicle of sixteen horse power or under, and four dollars for
each touring car or other motor vehicle of over sixteen horse
power.
Sec. 2. That this license tax is due and payable at the same
time as other county taxes : Provided, hoiccver, that the clerk of
the Superior Court shall not permit the registration of the number
and owner's name of any such automobile or other motor vehicle
without the pfesentation of the sheriff's receipt for this license
tax, and that in the event that any such machine shall be on such
registration book and the tax shall not have been paid, then such
registration shall be void and the owner liable to all of the penal-
ties for nonregistration.
Sec. ?.. That all visiting automobiles owned by nonresidents of
New Hanover County shall be exempt from this license tax for
the first two weeks of their visit.
1909— Chapter 63—64 — 65. 79
Sec. 4. That all moneys received from this license tax shall be Disposal of tax.
turned over to the county treasurer, and by him kept as a separate
fund and paid out upon the order of the board of county com-
missioners exclusively for the repair of the public roads of the
county.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 4th dav of Febniary, A. D. 1909.
CHAPTER 64.
AX ACT TO VALIDATE THE ACTS OF W. B. HODGES, A
JUSTICE OF THE PEACE FOR THE COUNTY OF WASH-
INGTON.
Whereas W. B. Hodges, a justice of the peace for Washington Preamble.
County, has officiated in the performance of several marriage cere-
monies and other official acts since the expiration of his term of
office, December, one thousand nine hundred and six, supposing at
the time he was still a .iustiee of the peace : therefore.
The General Assembly of Xorth Carolina do enact:
Secton 1. That said official acts of W. B. Hodges are hereby rati- Official acts rati-
fied and confirmed from December first, one thousand nine hundred firmed.
and six, to December first, one thousand nine hundred and eight.
Sec. 2. That this act shall be in force from and after its ratifi-
"•ation.
Ratified this the .jth day of February. A. D. 1909.
CHAPTER 65.
AN ACT TO ArPOINT JUSTICES OF THE PEACE OF MONT-
GOMERY COUNTY.
The General Asuemhly of North Carolina do enact:
Section 1. That the following-named persons be and are hereby Appointment,
appointed justices of the peace for Montgomery County for the fol-
lowing townships for a term of six years from the expiration of Term,
their present term of office of those who are now justices, and from
the ratification of this act for those who are not now holding
said office; and said justices shall qualify within thirty days from Time for qualifica-
the expiration of their said present term of office or ratification
of this act for those who are not now justices : Troy Township, Troy township.
D. D. Bruton, C. J. Poole ; Pee Dee Township. A. R. Moore. F. L. ^fip.^^*" ^°'^"'
80
1909— Chapter 65—66—67.
Cheek's creek
township.
Rocky springs
township.
HoUingsworth
township.
Hill township.
Little river town-
ship.
Ophir township.
Eldorado town-
ship.
Andrews, H. P. Montgomery ; Clieek's Creek Township, D. J. Poole,
C. C. Winfrey, W. H. Usery, J. C. Tliompson ; Rocky Springs Town-
ship, J. I. Mclntyre, A. R. Bowden, M. A. Bennett, Thomas B. Rush ;
HoUingsworth Township, A. B. McKaskill, R. B. Sutton, J. C. Britt :
Hill Township, Hiram Freeman, George W. Stewart, R. R. Auman.
R. L. Davis, B. K. Auman ; Little River Township, George II.
Cornelison; Ophir Township, J. H. Futrel; Eldorado Township.
J. F. Bruton, J. A. Gamhol.
Sec. 2. That this act shall be in force from and after its ratilica-
tion.
Ratified this the 5th day of February, A. D. 190! t.
CHAPTER 66.
AN ACT TO EMPOWER THE EX-SHERIFF OP GRAHAM
COUNTY TO COLLECT BACK TAXES.
Collection of
arrears author-
ized.
Years.
Limit of act.
The General Assembly of North Carolina do enact:
Section 1. That J. A. Amnions, ex-Sheriff of Graham County, is
hereby authorized and empowered to collect all taxes in his hands
that are due and unpaid for the years one thousand nine hundred
and three, one thousand nine hundred and four and one thousand
nine hundred and six.
Sec. 2. This act shall continue in force until January first, one
thousand nine hundred and ten.
Sec. 3. That all laws and clauses of laws in conflict with this
action are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the .5th day of February, A. D. 1909.
CHAPTER 67.
AN ACT TO REPEAL CHAPTER 513, PUBLIC LAWS OF 1907,
RELATIVE TO INCREASING COMMISSIONERS IN SAMP-
SON COUNTY.
Act repealed.
When act effect-
ive.
The General Assembly of North Carolina do enact:
Section 1. That chapter five hundred and thirteen, Public Laws
of one thousand nine hundred and seven, be and the same is hereby
repealed.
Sec. 2. That this act shall be in force from and after the first
Monday in March, one thousand nine hundred and nine.
Ratified this the 5th day of February, A. D. 1909.
1909— Chapter 68—69. ^1
CHAPTER 68.
AN ACT TO CHANGE THE TIME OF MEETING OF THE
BOARD OF COMMISSIONERS OF DARE COUNTY.
The General AssemhUj of yorth Carolina do enact:
Section 1. That the regular and special meetings of the Board Date of meeting.
of county Commissioners of Dare County shall be held on Tuesday
after the first Monday in each month.
Sec. 2. That all laws in conflict with this act are hereby re-
pealed. , „^ ., 4.+4 ,
Sec. 3. That this act shall be in force from and atter its ratihca-
tion.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 69.
AN \CT TO AMEND GUILFORD COUNTY SALARY BILL,
ACTS OF 1905 ANT3 1907. RELATIVE TO THE ALLOWANCE
FOR THE CLERK OF THE SUPERIOR COURT.
The General Assemhly of North Carolina do enact:
Section 1. That the act known as the "Guilford County salary
bill," chapter two hundred and seventy-five. Public Laws of one
thousand nine hundred and five, and acts amendatory thereof, be
and the same are hereby amended by allowing the clerk of the AUowa,u.e.t^o clerk
Superior Court of said county a sum not exceeding one thousand
and five hundred dollars per annum for clerk hire in his ofiice, if
in the judgment of the county commissioners said amount is neces-
sarv. The said county commissioners are also authorized to re- R^S."'"''
imburse the clerk of the court and the register of deeds for any
amounts paid out by themselves personally for clerk hire m then-
respective offices during the years of one thousand nine hundred
and seven and one thousand nine hundred and eight, if in the
judgment of the commissioners such expenditures were necessary
to the county.
Sec 2. That the county shall pay the premium on the official ;;0^^|y^o„P/4a3.
bond of the county treasurer. "rer's bond.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
Pub.— 6
82
1909— Chaptek 70-
CHAPTER 70.
AN ACT TO INCREASE THE PAY OF JURORS IN COLUMBUS
COUNTY.
Grand, petit and
tales jurors.
Special venire-
men.
Tlie General Assembly of 'North Carolina do enact:
Section 1. That all graud, petit aucl tales jurors summoned to
attend and who do attend the Superior Courts of Columbus County
shall be allowed two dollars per day for their services as jurors
and five cents per mile for travel going to and returning from such
courts.
Sec. 2. That all special veniremen who are summoned to attend
and who attend said courts and who are not accepted as jurors
shall be allowed the sum of one dollar each.
Sec. 3. That all laws in conflict with this act ai'e hereby re-
pealed, in so far as they relate to Columbus County.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 71.
AN ACT TO APPROPRIATE CERTAIN MONEYS NOW IN THE
HANDS OF J. R. SWANN, FORMER MANAGER OF MADISON
COUNTY DISPENSARY.
Preamble. Whereas that chapter two hundred and twenty-seven, Public
Laws of one thousand nine hundred and seven, entitled "An act to
prohibit the manufacture and sale of spirituous liquors in Madison
County," came into force and effect on July first, one thousand
nine hundred and eight, repealing chapter three hundred and fifty-
eight. Public Laws of one thousand nine hundred and three,
creating the dispensary in said county, without making any pro-
visions for the settlement of the business and the appropriation
of any funds that might come into the hands of the manager after
July first, one thousand nine hundred and eight ; and whereas
there is about six hundred dollars of such funds now in the hands
of J. R. Swann, former manager of said dispensary, and he
desiring authority of law to rightfully dispose of this fund : now,
therefore.
Manager to pay
funds to county
treasurer.
The General AsseniMi/ of North Carolina do enact:
Section 1. That J. R. Swann. former manager of the Madison
County dispensary, is hereby authorized and directed to pay over
1909 — Chapter 71 — 72 — 73.
83
to the Treasurer of the County Board of Education of Madison
County all moneys now on hand derived from the settlement of
the former dispensary business since July first, one thousand nine
hundred and eight. Said funds are to be applied to the building Disposal of funds.
fund for Marshall District, Number One, for white race, to be
used only for payment upon the public-school property of said dis-
trict.
Sec. 2. That J. R. Swann, former manager, be allowed ten per Ano^|nce to
cent of such fund for his services in winding up the affairs of
said dispensary after July first, one thousand nine hundred and
eight.
Sec. 3. That all laws in conflict with this act are hereby re-
pealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 72.
AX ACT TO AMEND SECTION 3773 OF THE REVISAL OF
1905, IN RELATION TO BRIDGES IN WAYNE COUNTY.
The General AssemNy of yorth Carolina do enact:
Section 1. That section three thousand seven hundred and Numbe^r^
seventy-three of chapter eighty-one, Volume One of the Revisal of
one thousand nine hundred and five of North Carolina, be amended
by striking out the word "one," in line three of said section, and
inserting the word "three" in lieu thereof.
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 73.
AN ACT TO DEFINE AND MAKE CERTAIN THE DIVIDING
LINE BETWEEN T^E COUNTIES OF ALLEGHANY AND
WILKES, ON THE BLUE RIDGE MOUNTAIN, NEAR ROAR-
ING GAP.
Whereas there is some dispute and misunderstanding as to the Preamble,
correct line dividing the counties of Alleghany and Wilkes, on the
Blue Ridge Mountain, near Roaring Gap : therefore,
84
1909— Chapter 73—74—75.
The General Assembly of North^ Carolina do enact:
Line defined. SECTION 1. That the division line between the counties afore-
said, at the places named herein, shall hereafter be as follows :
"Beginning in the recognized line between said counties, on top
of the Blue Ridge, near a big gate, and about two hundred yards
west of Roaring Gap Hotel, running then south six hundred feet,
and then eastward to the southwest corner of H. E. Fries' lot, and
then to southeast corner of the same, and then east to the Surry
County line."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February. A. D. 1909.
CHAPTER 74.
AN ACT TO AMEND SECTION 3136 OF THE REVISAL OF 1905,
SO AS TO MAKE THE TIME REQUIRED FOR PUBLICA-
TION OF CITATION IN CASES OF CAVEAT FOUR INSTEAD
OF SIX WEEKS.
The General Assemhly of North Carolina do enact:
Amendment. SECTION 1. That the word "six," in line eleven of section three
thousand one hundred and thirty-six, be stricken out and the word
"four" be inserted in lieu thereof.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 75.
AN ACT TO REGULATE THE PAY OF JURORS IN DUPLIN
COUNTY.
The General Assembly of North Carolina do enact:
Regular jurors. SECTION 1. That the jurors who are regularly drawn by the com-
missioners of Duplin County to serve as jurors at all regular terms
and all special terms of Duplin County Superior Court shall re-
ceive the sum of two dollars per day and three cents per mile for
the distance to and from their homes.
1909 — Chapter 75 — 76. 85
Sec. 2. That the tales jurors who are summoned by the Sheriff Tales jurors,
of Dupliu County from the bystanders to serve as tales jurors shall
receive the sum of one dollar and fifty cents per day and three
cents per mile for the distance to and from their homes.
Sec 3 That the county commissioners of Duplin County be and County com-
or.<.. u. j-uiii, ^ .; „ ,. ^ , missioners to pay
they are hereby directed to pay the jurors in Duplm County ac- jurors,
cording to the provisions of this act, and that all special venire- Special venire-
men who are summoned to serve on any special venire in capital
cases and who are rejected and do not serve on said venire shall
receive the sum of one dollar per day, without mileage.
Sec. 4. That this act shall apply to Duplin County only Application.
Sec. 5. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 76.
AN ACT TO APPOINT JUSTICES OF THE PEACE FOR NASH
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the following-named persons be and they are Term.
hereby appointed and constituted justices of the peace for their
respective townships in Nash County for a period of two years Tinie for qualifi-
from and after the date they are sworn in by the Clerk of the ^'^ ^°^'
Superior Court of Nash County, which oath shall be taken within
sixty days after the ratification of this act : Rocky Mount Town- Townships and
iiistiCGS
ship, J. P. Dauglitry, T. H. Lacy ; Stony Creek Township, B. H. •■
Bunn; Jackson's Township, I. F. Strickland, L. F. Warren; Cas-
talia Township, D. S. Rice, G. D. Taylor, H. B. Arrington ; Ferrall's
Township, D. E. Cone, W. B. Bergeron ; Nashville Township, J. W.
Walker; North Whitaker's Township, J. O. Hearne; South Whit-
aker's Township, W. P. Davis; Griffin's Township, C. E. Hedge-
peth, George Cooper ; Bailey's Township, Robert C. Glover, George
R. Finch ; Cooper's Township, Joseph W. Langley ; Dry Wells
Township, J. W. Driver, J. H. Smith.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
86
1909— Chapter 77—78.
CHAPTER 77.
AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OJ'
WAKE COUNTY TO BORROW MONEY.
Power to borrow
money.
Amount.
Special tax au-
thorized.
The General AssemNy of 'North Carolina, do enact:
Section 1. That for the purpose of enabling the Board of Edu-
cation of Wake County to maintain and operate the public schools
in said county for the constitutional period of four months, the
said board of education is hereby authorized and empowered to
borrow from time to time such sums of money, not exceeding the
sum of $10,000, as in the judgment of said board are necessary
to enable it to carry into -effect the purpose aforesaid, and to use
any and all moneys that may come into their hands as such board
(except the proceeds of special taxes levied and collected for local
school purposes) to discharge the indebtedness so created.
Sec. 2. That in order to raise the funds necessary to maintain
and operate the public schools of said county for said period of
four months and, if necessary, to pay the indebtedness creaied
under authority of section one of this act, the county commissioners
of Wake County are authorized and empowered to levy and col-
lect such tax in excess of the constitutional limitation as in their
judgment may be necessary for such purpose.
Sec. 3. This act shall take effect from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 78.
AN ACT AUTHORIZING THE COMMISSIONERS OF CHAT-
HAM COUNTY TO ISSUE BONDS TO PAY ITS PRESENT
FLOATING INDEBTEDNESS INCURRED PRIOR TO JAN-
UARY 1, 1909.
Purpose of bond
Issue.
Bond issue au-
thorized.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of paying the outstanding
floating indebtedness of the county of Chatham which was out-
standing on the first day of January, one thousand nine hundred
and nine, for the building of bridges in said county of Chatham
and between the counties of Lee and Chatham, contracts for said
bridges having been made prior to the said first day of Jan-
uary, one thousand nine hundred and nine, and also for other
outstanding floating indebtedness incurred for necessary expenses
of the said county of Chatham on the flrst day of January, one
thousand nine hundred and nine, the board of commissioners
of said county of Chatham is hereby authorized to issue coupon
1909— Chapter 7S. 87
bonds of the said county to an amount not exceeding thirty thou- Amount.
sand dollars and to be in denominations of not less than one Denominations,
hundred nor more than one thousand dollars. The said bonds Maturitj-.
shall be payable as follows, to-wit : Two thousand dollars ten v
years from the date of issue and two thousand dollars annually
thereafter until the whole issue is paid, and shall bear interest interest.
from their date until maturity at a rate not greater than five
per cent per annum, payable semiannually on the first days of
April and October in each year, the said semiannual payments
to be represented by coupons attached to each of the said bonds
and to be identified by proper numbers and such other means
as said board may determine.
Sec. 2. No bonds issued under the provisions of this act shall Sale of bonds, not
be sold or disposed of, or otherwise, for less than par and accrued ^"^ °^'' ^
interest. Said board of commissioners is hereby authorized to
sell or dispose of the said bonds either at public or private sale,
as to them may seem best, and in case they sell the same at public
sale they shall give notice thereof in one or more newspapers pub- Kotice of sale.
lished in Chatham County for at least thirty days.
Sec. 3. That the proceeds arising from the sale of the bonds Specific appropri-
issued under the provisions of this act shall constitute a separate
and distinct fund, to be applied and appropriated to the payment
of the said outstanding indebtedness incurred for necessary ex-
penses of the county prior to the said first day of January, one
thousand nine hundred and nine ; and the said board of com- Separate ac-
missioners shall cause the treasurer or disbursing officer acting ^^^^ ^'
in place of treasurer in said county to keep separate accounts of
the said funds, so that the condition of the same may at all times
be shown.
Sec. 4. The treasurer or officer performing the duties of treas- Allowance to
urer of said county shall be allowed for disbursing the said bonds treasurer.
an amount to be fixed by the board of commissioners of said
county not to exceed two and one-half per cent.
Sec. 5. That in order to pay the interest on said bonds as it Special tax.
may accrue and the principal thereof as it may mature, the board
of commissioners of said county may annually levy a special tax Levy and collec-
sufficient to meet these demands. The said tax shall be levied and ^'°" °^ ^'^^•
collected as other county taxes are levied and collected, and shall
be imposed upon such property, polls and other subjects of taxation
as are now or may hereafter be subject to taxation under the laws
of the State, and it shall be collected by the officer or officers
charged with the collection of other county taxes, and who shall
in respect thereto be liable officially as well as personally to all
requirements of law now prescribed or which may hereafter be
prescribed for the faithful collection and payment of other taxes.
Sec. 6. That immediately upon the sale of the bonds as herein
provided, the board of commissioners of said county are permitted Outstanding debt
to advertise and call in all the present outstanding indebtedness ^^"ed in.
88
1909— Chapter 78—79—80.
Interest to cease.
Liability of pur-
chaser.
Of the county or that was outstanding on the first day of January,
one thousand nine hundred and nine, and pay the same out of the
proceeds of the said sale. Any person holding any outstanding
indebtedness and refusing to produce the same for payment shall
not receive any interest thereon from and after the time fixed in
such notice for presenting same.
Sec. 7. That the purchaser or holder of any part of said bonds
shall not be required to see to the application of the proceeds of
the same.
Sec. S. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of February, A. D. 1909.
Special tax au-
thorized.
Years.
Purpose of tax.
Rate.
Levy.
Collection of tax.
Specific appropri-
ation.
CHAPTER 79.
AN ACT TO LEVY A SPECIAL TAX IN ASHE COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. The Board of Commissioners of Ashe County are
authorized and empowered to levy a special tax for one thousand
nine hundred and ten and one thousand nine hundred and eleven
to pay principal or interest on the courthouse bonds or for other
indebtedness existing in said county when the levy is made. The
special tax shall not exceed thirty cents on the one hundred dol-
lars' valuation of property in said county, and shall be levied at
the same time and in the same manner as other taxes are levied
on all the taxable property in said county.
Sec. 2. That said special tax, when levied, shall be collected and
accounted for as other taxes in said county, and the funds arising
from said special tax shall not be applied to any other purposes
than that mentioned in section one of this act.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the .5th day of February, A. D. 1909.
CHAPTER 80.
AN ACT TO REVISE, CONSOLIDATE AND AMEND THE ROAD
LAWS OF BUNCOMBE COUNTY AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES IN SAID COUNTY, AND FOR
OTHER PURPOSES RELATING TO SAID COUNTY.
The General Assemhly of North Carolina do enact:
Former road law SECTION 1. That chapter four hundred and eleven of the Pub-
jepealed.
lie Laws of the year one thousand nine hundred and three and
all amendments thereto are hereby repealed.
1909 — Chapter SO. 89
Sec. 2. That the board of county commissionei's of the county ^Pecial road tax
of Buncombe, at their regular meeting in June, in the year one ° *^
thousand nine hundred and nine, and at each regular annual
meeting thereafter, shall provide a fund for the construction and
repairing of the public roads in said county by levying a special
tax of not exceeding twenty cents on the one hundred- dollars' Rato.
worth of all property in said county subject to taxation.
Sec. 3. That said special tax shall be included in a separate Levy and collec-
column of the tax books and shall be collected by the tax col-
lector of said county as other taxes are collected, which said spe-
cial tax shall be collected and shall constitute, when collected, a
county road fund, to be expended on the construction and repairs County road fund.
of roads and bridges in said county.
Sec. 4. That all resident male persons between the ages of Road duty.
eighteen and forty-five shall work on the public roads of said
county for four days in each year, under such rules and regulations
as the board of commissioners shall prescribe: Provided, ^^ow- Pvoviso-^xem^-
cver, this act shall not take the power from the said commis- duty.
sioners to exempt any one from working on said roads on account
of physical inability. The road year under the provisions of this Road year
act shall begin on the first Monday of .March in each year.
Sec 5 Every person who may be liable to work upon the public Commutation for
". J 1 ^ j.Q^(j work.
roads in said county, as in this act provided, may, when sum-
moned to perform such labor, tender and pay to the supervisor
or other person in charge in lieu of such labor a sum of money
equal to not less than one dollar for each day he may be required
to work, and it shall be the duty of the person in charge of the
work to receive said sum and give receipt therefor, and all moneys
collected as provided in this section of this act shall be placed in
the general road fund, as provided by this act, and shall become
a part thereof.
Sec. G. That all male persons confined in the county jail, either Convicts subject
,. . , r-i i i ^ -KT J.1 /-I „ to road work.
under a final sentence ot the courts ot the State of North Caro-
lina or the police or city court of the city of Asheville, for crime
or imprisonment or nonpayment of fines and costs, or under final
judgment in cases of bastardy or under the vagrant acts, and all
persons sentenced from said county to prison for a term of less
than ten j-ears shall be worked upon said public roads under
the provisions of this act. Said board of commissioners shall
provide for the care, custody and safe-keeping of all such persons Care and custody
or convicts. They shall clothe and feed them and provide medical °
attention; they shall appoint and select all necessary guards or
other persons to assist in their detention, and the persons so
selected for these purposes shall be responsible and liable for their
proper care, treatment and detention.
Sec. 7. That in no case shall a person be compelled to wear
striped or convict clothing unless said person was convicted of a convict clotliing.
felony, when such person shall be compelled to wear striped or
convict clothing.
90
1909— Chapter SO.
Females not sub-
ject to road work
Regulations for
whipping unruly
convicts.
Cruel or unmerci-
ful whipping a
misdemeanor.
Punishment.
Commissioners
may adopt other
plan or system.
Road machinery.
Employment of
labor.
Appropriations
for extraordinary
expense.
Penalties for non-
performance of
road duty.
Appointment of
overseers by town-
ships.
Compensation.
Certificates for
work done and
amounts due.
Sec. S. That no female person shall be made to work on said
roads.
Sec. 9. Tliat when any convict on said roads becomes unruly,
so as it becomes necessary for the person in charge or guards to
whip said convict, he shall call in two persons to witness the
whipping, and the superintendent shall keep a record of the of-
fense for which the said convict was whipped, the number of
blows inflicted and the names of the witnesses present, and report
the same to the Board of Commissioners of Buncombe County ;
and any overseer or guard or other person in charge who shall
whip a convict in a cruel and unmerciful manner shall be guilty
of a misdemeanor and fined or imprisoned at the discretion of the
court.
Sec. 10. That said commissioners may adopt any other method,
plan or system for sustaining and keeping in repair said public
roads of said county not inconsistent with the provisions of this
act, and may use said road fund and labor provided for in this
act, under such rules and regulations as they may prescribe.
Sec. 11. That the board of commissioners of said county may
in their discretion purchase such improved road machinery, equip-
ment and other implements and tools as may be deemed necessary
in consti'ucting and keeping in repair said public roads, and shall
employ such labor or help as in their opinion may be necessary.
Sec 12. That the said board of commissioners shall have discre-
tionary power to make an appropriation out of said road fund for
putting in repair any place in any public road in said county re-
quiring more than an ordinary expenditure of money or labor.
Sec. 13. That all persons who are subject to road duty under
this act shall be governed by the law now in operation in relation
to fines and penalties for nonperformance of road dutJ^
Sec 14. That said board of county commissioners may, on the
first Monday in March of each year, appoint a competent overseer
for each township or any part of a township, who shall receive
such compensation as said board may prescribe. It shall be the
duty of said township overseer to certify to the county commis-
sioners each quarter after March first, one thousand nine hundred
and nine (1909), the amount of work done by such persons as
may labor on any road, either as provided for in section five of
this act or otherwise, and the amount due said person, if any, in
accordance with the rules and regulations made by said board of
county commissioners, and, when approved by said commissioners
and found to comply with rules and regulations as provided by
law, the same shall be paid by the county commissioners out of
said road fund ; or the said board of commissioners may, instead
of appointing overseers as herein pi-ovided. adopt and put into
operation any other plan or mode not inconsistent with the gen-
eral laws of the State for the construction, repair and mainte-
1909— Chapter 80. ' 91
nance of the public highways and bridges of the county of Bun- Roads may be
, , ,. . , ^, , , XI ■ J 1 divided into dis-
combe ; and to this end they are hereby authorized and empow- tricts.
ered to divide the public highway into sections or road districts
and to appoint overseers thereof, as to them may seem best, assign- District overseers.
ing to such road or roads or districts such persons as are now re-
quired by law to work upon roads ; and whenever in their judg-
ment it is best for the public interest they may enter into a con- Roads may be let
^ , .to contract,
tract or contracts with any person or persons to construct, repair
and maintain any of said bi'idges, roads or any portion thereof at
such price and upon such terms as may be agreed upon, and to
pay therefor out of the common or general road fund of the
county. It shall be the duty of the said board of commissioners Construction of
of said county to employ the convicts in the construction and oughfafes!'^^"^"
macadamizing of the principal thoroughfares of said county until
the same shall have been completed to its several boundary lines :
Provided, liotcever, that the said convict force may be employed Proviso: use of
and used for the repair of other roads and bridges when, because pairs.
of the exigencies of the case, the labor assigned to them or other
means adopted for their maintenance are inadequate.
Sec. 15. The said board of county commissioners are authorized
to elect or designate a competent person to act as road engineer Road engineer.
or surveyor in the constructing, improving, locating, relocating
or making any new roads, cartways or changing any old road or
any part thereof or in laying out or discontinuing cartways. Said
board may elect such person to serve for a stated period, or they
may designate some person to act as engineer in each particular
case as it may arise.
Sec. 10. That the said board of commissioners of said county Location of roads
shall have the exclusive power and authority to lay out all new '^'^ '^ ^ ^
roads, to locate, relocate, change or discontinue any old road or
any part thereof, and to lay out. make or discontinue any and all
cartways or any part thereof in said county, and for these pur- Power of con-
poses they are hereby vested with the power of condemnation, pr^cedure^'for lo-
Said new roads, changes or discontinuances shall be made in the ^^ation, change or
' '^ discontuiuance of
following manner, to-wit : Whenever said board shall be of the road.
opinion that it is necessary and for the public good that any new
road or cartway shall be made or that any old road or cartway
shall be changed or relocated or discontinued, said board shall so
declare, and shall appoint one or more of its membei-s, who,
together with the road engineer or a competent surveyor to be
designated for that purpose, shall view the premises and lay out
the same, and they shall make report of their action to the board.
The board shall either approve or disapprove said report at its
next regular meeting, and if said board approves the same it shall
immediately order and direct the making and laying out of said
road or the making of any change or discontinuance, and the same
shall be done by the overseer and the hands under his charge for
92
1909— Chapter 80.
Claims for
damages.
Procedure for
settlement of
damages.
Benefits may be
assessed.
Benefits assessed
a lien on land.
Certificate and
record of lien for
benefits.
Collection.
Right of appeal.
Procedure for lay-
ing out cartways.
that particithir road, or the board may cause the same to be dojio
by an appropriation, in wbole or in part, for said purpose, or it
may be done by the county convicts. If any person or persons
whose land is affected by any new road or any change or relocation
of any old road shall, within thirty days after said order is made
directing the said making of said new road or any change in any
old road, claim damages therefor, he or they shall demand of said
board in writing damages for the same, and if said board and
said owners or the person affected cannot agree upon the amount
of said damages, then said board, within not less than sixty days
after the completion of said road, shall order a jury of three dis-
interested freeholders, who shall not reside in the immediate
vicinity of the said new road, to be summoned by the sheriff or
constable, who shall give said landowners or their local repre-
sentatives forty-eight hours' notice of the time and place when
and where said .lury, after being duly sworn, shall view the
premises, and shall, after taking into consideration the benefit of
said new road to the public travel and to the owners of the land,
and the increase in the value of his land by reason of said new
road, shall assess the damages, and if said benefit shall be con-
sidered equal to or greater than the damages sustained the jury
shall so declare. Benefits may also be assessed by said jury
against the property of any owner on said new road. Said jury
shall at the next regular meeting file their i-eport in writing, show-
ing damages and benefits, if any. The board shall either approve
or reject said report, and if damages are assessed, the same shall
be paid by the county out of the road fund. If the jury shall
assess benefits, the same shall be a lien against the landowner,
and the amount of the same shall be paid by the landowner to the
Treasurer of Buncombe County into the road fund of the county.
If such landowner shall within sixty days fail to pay the amount
of such benefits, the clerk of the board shall certify the same to
the clerk of the Superior Court, who shall record in the judgment
docket the amount of the benefits, together with the name of the
owner, and such recording shall cause the same to become a judg-
ment against the property of the owner, and the same shall be
collected by the issuing of execution in the same manner as other
judgments are collected as is now provided by law. The land-
owner or said board may appeal from the finding of the jury, as to
damages or benefits, to the Superior Court, where the question of
damages or benefits shall be heard de novo, as in the cases of ap-
peals from justices of the peace, but no appeal shall be made from
the discretionary finding of said board as to the necessity for any
new road or any change, relocation or discontinuance of any old
road. Cartways shall be laid out by said board in the same man-
ner as herein provided for the laying out of roads, except that it
shall not be necessary for an engineer to assist in laying out cart-
1909— Chapter 80. 93
ways unless the petitioners request his sei-vices ; except, also, that
no cartway shall be ordered or authorized except upon petition
and until after the owners of the land over which the same is to
go shall have had ten days' notice in writing. All damages which Damages paid by
shall be assessed by the board of commissioners at the time said
cartway is laid out, as well as the cost of laying out and mak-
ing the same, shall be paid by the person or persons petitioning
for the same. Any person or persons who may desire a cartway
or may be opposed to the making of a cartway may appeal to the Appeals.
Superior Court from the action of the board in either granting or
refusing the same. If the landowner be a nonresident of the Notice to non-
rGsiu6nts
county and has no local representative, it shall be deemed suffi-
cient service of said notice for said sheriff or constable to for-
ward by United States mail a written notice for the purpose, time
and place of said meeting of said landowner seven days in advance
of such meeting, and also to post a notice of the same for seven
days at the county courthouse door.
Sec. 17. That for the purpose of carrying out the provisions of ^'^^^^^^("JJ^n lands
this act the board of county commissioners and the said road
engineer are hereby authorized to enter upon lands near to or
adjoining any road in the county of Buncombe upon which may be
located any rock or stone quarry for the purpose of securing rock
and stone to macadamize the public roads of said county, and
they are hereby authorized to condemn a road or cartway from
any public road to such quarry, and to cut and carry away tim-
ber, except trees or groves of trees upon improved lands, planted
or growing for ornament or shade, and they are authorized to dig
or cause to be dug or carried away any gravel, sand, clay or stone
thereon, or to use any water found thereon which may be neces-
sary to construct, improve and macadamize any of the said public
roads, doing as little injury to said land and timber or improve-
ments thereon as the nature of the case and the public good will
permit. If the owner of any lands or quarries or the agent or Accounts for
agents of such owners having in charge lands from which timber,
stone, gravel, sand or clay may be taken as aforesaid shall present
an account for the same through the road engineer at any regular
meeting of the county commissioners within thirty days after the
taking and carrying away of such timber, stone, gravel, sand or
clay, it shall be the duty of the said commissioners to pay for the
same at a fair price, and before deciding on this they may cause to Arbitrations.
be appointed an impartial jury of three freeholders, one to be
selected by the road engineer, one by the party claiming the dam-
age and the third to be selected by these two, which jury shall
report in writing to the board of county commissioners their de-
cision for revision and confirmation.
Sec. 18. That the said board of commissioners may receive from convicts from
any other county to be worked on the roads of Buncombe County "^'^^'' counties.
94
1909— Chapter SO.
Damage of roads.
Ditches through
adjacent lands.
Landowners to
permit entry
Misdemeanor.
Punishment.
Regulations for
control and man-
agement of con-
victs.
Revisal appli-
cable.
Bond issue vali-
dated.
prisoners or convicts wlio may be assigned by the several Judges
of the Superior Court to work on its roads, but said board shall
have the right to refuse to receive or work any such prisoners or
convicts on the roads of said Buncombe County, and when such
prisoners or convicts are received and worked on said public roads
the said board of commissioners shall not pay or allow any com-
pensation to the county sending such prisoners or convicts for the
services of such convicts, and shall only be required to provide
them with proper food, clothing and medical attention.
Sec. 19. It shall be the duty of each overseer appointed under
this act to drain or cause to be drained any road or part of .any
roads under his charge, and in doing so he shall make such water-
ways, ditches and drains as will cause the water to run in its
natural course, and the water from such road shall be conducted
through such ditches to or over the lands of the abutting land-
owner in such manner as will best drain the road, at the same
time with due regard to the interest of the landowner. If it be
necessary in order to properly drain any road, said overseer shall
dig such ditch or ditches as may be necessary over the land of
the adjoining landowner, doing as little damage as possible. When-
ever it shall be necessary, in the opinion of the over.seer, that
such a ditch or drain is required, the landowner shall permit the
overseer and his assistants to go upon his land and dig such
ditches and make such drains as may be necessary to conduct the
water through the same, and if any landowner or other persons
refuse to permit or allow such ditches or drains, he or they shall
be guilty of a misdemeanor and upon conviction be punished in
the discretion of the court.
Sec. 20. All convicts worked upon the roads of Buncombe
County shall be worked under and controlled by and shall be sub-
ject to the same rules and regulations as may now be or shall
hereafter be prescribed by the Board of Directors of the State's
Prison for the control and management of convicts who may be
imprisoned in the State's Prison.
Sec. 21. The provisions of chapter sixty-five of the Revisal of
one thousand nine hundred and five are hereby declared to be in all
respects applicable to said Buncombe County, except wherein they
conflict with any of the provisions of this act.
Sec. 22. The action of the board of commissioners of said county
in heretofore issuing and selling sixty thousand dollars of fund-
ing bonds of said county, dated February first, one thousand nine
hundred and six, and of issuing and selling forty thousand dol-
lars of jail bonds of said county, dated January first, one thousand
nine hundred and eight, is hereby in all respects ratified, approved
and confirmed, and they are hereby declared to be valid and bind-
ing obligations of said county, and the board of commissioners of
said county are hereby authorized and empowered, at the time
1909— Chaptek 80— si. 95
other taxes are levied, to levy annually a special tax upon all the Special tax.
property of said county of sufficient amount to pay the interest
on said t^A-o issues of bonds as the same becomes due, and the
principal thereof at maturity.
Sec. 23. That section seven of chapter nine hundred and forty- Pay of assistant
two of the Public Laws of one thousand nine hundred and seven, ^° ^" '^°^"
relating to said county, is hereby amended by striking out the
words "one hundred and twenty-five," in line five, and inserting
in lieu thereof the words "three hundred."
Sec 24. That section eight of said chapter nine hundred and Mileage to county
forty -two of said Public Laws of one thousand nine hundred and commissioners,
seven is hereby amended by striking out the word "not," in line «
eight, and inserting in lieu thereof the word "also."
Sec. 25. The auditor of said county shall, beginning with the Quarterly state-
first Monday of March, one thousand nine hundred and nine, and ^^les ancf re-^'^'^"
quarterly thereafter, make out in detail and cause to be published ceipts.
one time in some newspaper published in Asheville a complete
statement, showing all expenditures of the county and all receipts
from all sources for the preceding three months. He shall also, Annual state-
on the first Monday in December, one thousand nine hundred and ™^'^'^'^-
nine, and annually thereafter, at the time the quarterly statement
herein required for the preceding quarter is published, make out
and publish a statement showing the total receipts and expendi-
tures of the county for the preceding twelve months. The state-
ments herein required shall be published in lieu of the annual
statements now required by law.
Sec. 26. That all laws in conflict with any of the provisions of
this act are hereby repealed.
Sec. 27. That this act shall be in force from and after its ratifi-
cation.
Ratified this the .jth day of February, A. D. 1909.
CHAPTER 81.
AN ACT TO AUTHORIZE AND DIRECT THE TREASURER
AND SHERIFF OF SWAIN COUNTY TO PAY THE CLAIMS
ISSUED BY THE BOARD OF THE COUNTY COMMISSION-
ERS OF SWAIN COUNTY ACCORDING TO THE DATE OF
THEIR ISSUE.
The General Assemljh/ of Xorth Carolina do enact:
Sectiox 1. That it shall be the duty of the Register of Deeds of Register of deeds
Swain County to keep a record of the number, date, amount, and ^faimsf '^^'^"'^'^ °*
to whom issued, of all claims of indebtedness issued by the Board
of Countj- Commissioners of Swain County, and it shall be the
96
1909— Chaptee 81—82.
List to be fur-
nished slieriff and
treasurer.
Compensation to
register.
Payment of
claims.
Forfeit.
duty of the register of deeds of said county, immediately after the
ad.1ournmerit of each meeting of said board, to furnish the sheriff
and treasurer with a list of all claims, with the date, amount,^
number and to whom issued by said board; and it shall further
be the duty of the said register of deeds, as ex officio clerk of said
board, to furnish the treasurer and sheriff with a list of all such
claims now outstanding which have heretofore been issued by the
Board of Commissioners of Swain County, and said board shall
allow the said register of deeds such compensation therefor as
they shall deem proper.
Sec. 2. It shall be the duty of the treasurer and sheriff afore-
said to pay off and discharge said claims, when properly authenti-
cated, according to their number and dates, and in the event he
fails so to do he shall forfeit and pay to the party aggrieved the
sum of twenty-five dollars for such offense.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 82.
AN ACT FOR THE IMPROVEMENT OF THE PUBLIC ROADS
IN MCNEILL'S TOWNSHIP. MOORE COUNTY.
Road commis-
sioners.
Qualification.
Term of ofHce.
Vacancies.
Election of suc-
cessors.
Pay of commis-
sioners.
Township in-
corporated.
The General Assembly of North Carolina do enact:
Section 1. That A. Cameron, J. W. McCaskill and I. F. Chand-
ler be and they are hereby created a board of road commissioners
for McNeill's Township, Moore County, who shall qualify by tak-
ing an oath to faithfully and honestly discharge the duties of their
office, and shall hold office until the first Monday in January, one
thousand nine hundred and eleven, with authority to fill any va-
cancies that may occur in said board. On the first Monday in
January, one thousand nine hundred and eleven, the Board of
Commissionei's of Moore County shall elect the board of road com-
missioners for said township from the resident freeholders of said
township, who shall hold their office for two years from said elec-
tion and until their successors shall be elected and qualified, and
after the said first Monday in January, one thousand nine hundred
and eleven, the term of office of said board of road commissioners
shall be two years. The members of said board of road commis-
sioners shall receive for their services not more than two dollars
per day for the time actually employed in performing the duties
of their office, hereinafter prescribed.
Sec. 2. That the said division of Moore County known as Mc-
Neill's Township shall, for the purpose of this act, be and is hereby
declared a body corporate by the name and style of "McNeill's
I
1909— Chapter S2. 97
Townsliip," and is vested with all the necessary power and author- Corporate name.
ity to carry out the provisions of this act and exercise all the
rights and privileges incidental to municipal corporations gener-
ally. The board of road commissioners of said townshij) and their Corporate agents,
successors are declared to be the corporate agents of said town-
ship, and may sue and be sued under the name of the "Board of
Road Commissioners of McNeill's Township," and shall have the
power and authority to carry out the provisions of this act.
Sec. 3. That it shall be the duty of said board of road commis- control and man-
sioners to take entire control and management of all the public ^^sement of roads,
roads in said township, and the said board shall have the power
and it shall be their duty to determine what public roads shall be Duty of commis-
opened, built, improved, relocated or discontinued in said town- ^i^^^^'^-
ship.
Sec. 4. For the purpose of carrying out the provisions of this Meetings of com-
act the board of road commissioners shall meet at stated times, ^'^sio^^"^®-
not less than once in every three months, and may delegate to one Delegation of
of their number any or all powers conferred on said board of road ^"^^ ^'^^^^
commissioners by this act. The said board of road commissioners
shall annually elect one of their number chairman of the board, Chairman and
and shall also elect a secretary, who may or may not be a member ffutfesoV secre-
of the board, who shall keep an accurate account of all the pro- ^^^y-
ceedings had by the board at each meeting thereof, in a suitable
book provided for this purpose, and do such other work as the
board of road commissioners shall see fit to require of him, and Compensation of
S6crct3.rv
the said board may allow him suitable compensation therefor.
Sec. 5. The board of road commissioners created by this act Election of treas-
urer
and the board to be thereafter elected under the provisions of this
act shall at their first meeting elect a treasurer of said board,
who shall hold ofiice during the term of said respective boards.
All road taxes collected by the Sheriff of Moore County for Mc- Moneys to be paid
Xeill's Township and all moneys collected by said sheriff or any °^'^^ ^° treasurer,
other persons on account of said roads shall be paiti to said treas-
urer, and upon receipt of said moneys the said treasurer shall give
receipt therefor. The said Sheriff of Moore County is hereby re- Siieriff to settle
quired to settle with said treasurer not later than the second ^^'^'^ treasurer.
' Monday in May of each year, and the Treasurer of Moore County
is hereby authorized and directed to pay to the Treasurer of the
Board of Road Commissioners of McNeill's Township, as soon
as his bond has been approved, all moneys for the road fund of
said township. Said trea.surer shall also receive the proceeds Proceeds of bonds,
from any bonds that may be sold under the provisions of this act
and any interest that may accrue from the sinking fund herein
provided for. Before entering upon the duties of his office said Bond of treasurer.
treasurer shall execute a bond, with sufficient sureties, in a sum
to be fixed by said board of road coramissionprs. not less than the
Tub.— 7
98
1909— Chapter 82.
Orders for pay-
ment of road
funds.
Quarterly ac-
counts.
Compensation of
treasurer.
Premium for
bond.
Election and duty
of supervisor.
Monthly state-
ments.
Bond of super-
visor.
Compensation of
supervisor.
Purcliase of tools
and machinerv.
amount of funds that may come into bis hands during any one
year, conditioned as provided by law for tbe faithful discbarge
of bis duties as treasurer, wbicb bond sball be approved by tbe
Board of Commissioners of Moore County and recorded in tbe
book of official bonds of said county. Said treasurer sball only
disburse said funds coming into his bands and belonging to tbe
road fund of said township upon written orders signed by tbe
chairman of tbe board of road commissioners, wbicb sball be tbe
only sufficient voucher for tbe disbursement of said fund. Tbe
said treasurer shall render an itemized account of tbe receipts
and disbursements of said road fund to tbe board of road commis-
sioners of said township every three mouths, and said reports,
when approved by tbe board of road commissioners of said town-
ship, shall be recorded in the office of tbe Register of Deeds of
Moore County, in tbe book of official reports. Tbe said board of
road commissioners shall fix the compensation to be paid to tbe
treasurer : Provided, it sball not exceed one per cent of all the
disbursements made by said treasurer. Said board of road com-
missioners may require tbe treasurer to execute the bond herein
required in some bonding company to approved by tbe board, in
which case the said board of road commissioners shall pay the
premiums due on said bond out of the road fund of said town-
ship.
Sec. 6. Tbe board of road commissioners sball annually appoint
or elect a supervisor of roads, whose duty it shall be, under tbe
direction of tbe board of road commissioners, to supervise, direct
and have charge of the maintenance, improvement and construc-
tion of all the public roads in McNeill's Township. Said super-
visor shall submit monthly statements to the board of road com-
missioners, showing the cost of tbe work on tbe public roads of
said township, all expenditures made thereon for tbe month,
together with any other information that may be required by said
board from time to time, and he may be required by said board
to give bond in such sum as said board may fix for tbe faithful
performance of his duties and for the proper keeping of accounts,
said bond to be approved by the board of road commissioners, and
may by their order be recorded in the office of tbe register of
deeds of said county. The board of road commissioners of said
township shall fix the compensation to be paid said supervisor for
bis services.
Sec. 7. Tbe said board of road commissioners sball have full
power and authority to purchase tools, machinery and other things
necessary for the laying out, working, maintenance and establish-
ment of the public roads of said township, and may employ a
surveyor to lay out tbe roads of said township and make any
clianges in said roads that they may deem necessary.
1909— Chapter 82. 99
Sec. 8. Said board of road commissioners shall audit the account Audit and settle-
of the Sheriff of Moore County for all taxes levied and collected orroad funds!"^ ^
for the road fund of said township under the provisions of this
act, and make a settlement of the same betwen said sheriff and
the treasurer of said board, which said settlement shall be spread
upon the records in the office of the register of deeds of said
countj-, and said board of road commissioners may institute and
prosecute any action for the recovery of any such taxes or any
road fund for which any officer may fail to properly account.
Sec 9. Anj- member of the board of road commissioners or Fraudulent
supervisor of McNeill's Township who shall make or cause to be °^'^ ^^^'
made any fraudulent order, whereby money is to be paid out of
said township road fund, shall be guilty of a misdemeanor and Misdemeanor,
fined or imprisoned, or both, at the discretion of the court, and Punishment,
shall upon conviction be removed from office.
Sec 10. That for the purpose of building or contracting, repair- Entry on lands
ing or maintaining public roads in said township, under the direc- °^ "^^ ^^^^ ^'
tion of the board of road commissioners, the said supervisor shall
have full power and authority to enter in and upon any lands *in
said township or any adjoining lands near any public road in said
township and cut down and carry away any trees or timber or
remove any sand, clay, gravel or stone which may be necessary to
repair, construct or improve said roads, and may also construct Ditches and
or open upon or over said lands all necessary ditches or drains
for the construction, improvement or maintenance of said road.
If the owner of the land over which any road is constructed or
from which any material is removed, or on which any drains or
ditches are made or caused to empty, shall demand compensation Claims for com-
aud present his claim to the board of road commissioners, it shall
be the duty of said board to pass and consider the same and to
pass an order for the payment of said account, if the said board
shall deem it just: Provided, that in the event any person over Proviso: proce-
whose land any new road has been located or material removed ment of damages,
or drains made shall claim damage therefor, which the said board
shall refuse to pay, such person claiming damages shall, within
thirty days after the location of the road, the removal of mate-
rial or making said drains, petition said board of road commis-
sioners for a jury to assess said damages. It shall then be the
duty of said board, within sixty days after the completion of said
road, to order a jury of three disinterested freeholders of ]Mc-
Xeill's Township to be summoned by the Sheriff of Moore County
as provided by law. and the jury so selected shall give three days'
notice to the landowner where and when the said jury shall meet
to assess his damages ; and it shall be the duty of said jury in
•considering said damages to take into consideration and decrease
said damages by any benefit to the owner of the land by reason of
the construction or improvement of said road, and if the benefits
100
1909— CiiAPTEE 82.
Proviso: right of
appeal.
County commis-
sioners to order
election.
Notice of election.
Question to be
voted on.
Proviso: Succes-
sive elections.
Voting places.
Election officers.
Registration.
Count and canvass
of votes.
derived are equal to or greater than the damages sustained, the
jury shall so declare, and it shall report its findings in writing to
the board of road commissioners for confirmation or revision :
Provided further, that the landowner may appeal to the Superior
Court of Moore County from the decision of the jury and board
of road commissioners.
Sec. 11. That at the first regular meeting of the board of com-
missioners of the county of Moore after the ratification of this
act the said board of commissioners is hereby authorized, em-
powered and directed to submit to the qualified voters of McNeill's
Township, after giving thirty days' notice of said election in some
newspaper published in Moore County and at the courthouse door
in Carthage, the question whether the said township shall issue
coupon bonds in a sum not exceeding fifteen thousand dollars, as
hereinafter prescribed, and whether a tax shall be levied on the
taxable property in said township, as hereinafter prescribed, for
the payment of said bonds. Avhen the same shall become due,
according to their tenor, and the interest that may accrue thereon,
the proceeds arising from the sale of said bonds to be used in lay-
ing out, making, repairing grading and maintaining the public
roads in said township : Provided, that if a majority of the quali-
fied voters of said township shall not at said election vote to issue
said bonds and for the levying of said tax, the said Board of Com-
missioners of Moore County shall at any time thereafter again
submit said question to the qualified voters in said township, on
the petition of one-fourth of the qualified voters resident in said
township, and the election may be held at any time or times there-
after, under the provisions and regulations hereinafter prescribed
upon such petition.
Sec, 12. The election or elections ordered to be held under the
question submitted to the qualified voters of said township under
the preceding section shall be held at the regular voting places in
said township which are or may hereafter be prescribed for hold-
ing elections for members of the General Assembly, and the said
Board of Commissioners of Moore County shall have power and
authority to appoint all registrars and judges of election and
other officers necessary for the holding of said elections. No new
registration of voters shall be required for said election, but the
registrars appointed for said election shall so revise the registra-
tion books that they may show only the names of the duly quali-
fied electors residing in said township and entitled to vote in said
election, and shall register all duly qualified voters who may be-
come entitled to vote in said election and whose names do not
appear upon such registration books, under the rules and laws
prescribed for the election of members of the General Assembly.
At the close of said election or elections the registrar and judges
of election shall count and canvass the vote cast at said election
1909— Chapter 82. 101
and declare the result thereof, aud shall report the result of such Returns,
count aud cauvass in writing to the Board of Commissioners of
Moore County at the next meeting held by said board after said
election, and at the meeting of said board of commissioners held Canvass of re-
after said report has been made the said board of commissioners
shall cauvass said returns and declare the result of said election
and record the same in the minutes of said board, and no other
canvass of said election shall be necessary to determine the result
thereof.
Sec. 13. That at said election or elections held under the provis- Ballots,
ions of this act, as aforesaid, all the qualified voters of said town-
ship who shall favor the issue of bonds as hereinafter prescribed
and the levy of the special tax as hereinafter prescribed shall vote
a ballot on which shall be written or printed or partly written
and partly printed "For Good Roads," and those who are opposed
to the issue of said bonds and the levy of said special taxes as
hereinafter prescribed shall vote a ballot on which shall be writ-
ten or printed or partly written and partly printed the words
"Against Good Roads." In all other respects said election shall Lav/ governing
GlGction
be held and conducted in the manner prescribed by law for the
election of members of the General Assembly.
Sec. 14. In the event a majority of the qualified voters of said issue and sale of
township shall, at said election or any election held as aforesaid bonds.
under the provisions of this act, vote "For Good Roads," the result
shall be declared, counted, canvassed and recorded as hereinbe-
fore provided, and the Board of Road Commissioners of McNeill's
Township are thereupon authorized aud empowered to issue and
sell coupon bonds for said McNeill's Township, payable to bearer,
not to exceed in amount the sum of fifteen thousand ($15,000) Amount.
dollars or any amount less than fifteen thousand dollars, as the
said Board of Road Commissioners of McNeill's Township may
In their discretion determine upon, and in denominations of not Denominations,
less than one hundred dollars nor more than one thousand dol-
lars, bearing interest from date of said bonds at a rate not to interest.
exceed six per cent per annum, and payable semiannually on the
first days of January and July in each year until said bonds are
fully paid ; that the said bonds shall be made payable at a time Maturity,
to be fixed by said Board of Road Commissioners of McNeill's
Township and named therein, not to be more than thirty nor less
than ten years after date, both bonds and coupons to be made
j)ayable at the oflice of the treasurer of said board : Provided,
hoicever, that the said Board of Road Commissioners of McNeill's
Township may divide said bonds into classes as said board may
determine, and have them mature at different convenient dates
between the limits aforesaid. The said board of road commis- Partial issues
sioners of said township may in their discretion issue a part authorized,
of said bonds aud make sales of the same, under the provisions
102
1909— Chapter 82.
Authentication.
Style of bonds.
Record of bonds.
Sale and delivery
of bonds.
Liability of
treasurer.
Disbursements.
Specific appropri-
ation.
Proviso: liability
of purcliaser.
Cost of issuing
bonds.
Tax for interest
and sinking fund.
Tax rate.
Of this act, at different times and dates : Provided, that the whole
issue shall not exceed the said sum of fifteen thousand dollars.
It is further enacted that the said bonds and their coupons shall
be numbered consecutively, beginning with number one. The
bonds shall be signed by the Chairman of the Board of Com-
missioners of Moore County and countersigned by the Chairman
of the Board of Road Commissioners of McNeill's Township, and
shall have affixed thereto the seal of the office of the Register
of Deeds of Moore County, and the coupons attached to said
bonds shall be signed by the Chairman of the Board of Com-
missioners of Moore County or shall have his lithographed signa-
ture thereon, and the said bonds shall be styled "McNeill's Town-
ship Road Bonds" ; that a record shall be kept of said bonds by
the board of road commissioners of said township, showing the
numbers and denominations thereof, the date of issuing the same.
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 of the sale thereof to the treasurer
of said township, and such other data in relation to the same as
said board of road commissioners of said township may direct
to be kept.
Sec. 15. That the bonds hereby authorized to be issued shall
not be sold for less than their par value, and shall not be de-
livered to the purchaser thereof until the purchase money thereof
shall be paid to the treasurer of said township, as herein pro-
vided ; and said treasurer shall receive all such moneys paid
in the purchase of said bonds in his official capacity, and he
and the sureties of his official bond shall be liable therefor, and
shall disburse the same only as provided by this act, upon the
order of the board of road commissioners of said township or
the chairman thereof, duly authorized by said board, upon written
order signed by said chairman. The money realized from the
sale of said bonds or any portion thereof, as provided by this
act, shall only be used for the purpose of establishing, laying out,
improving, grading and maintaining the public roads of McNeill's
Township : Provided, that the purchasers of said bonds shall
not be held responsible for the application of said fund.
Sec. 16. That the cost of Issuing said bonds shall be paid by
the board of road commissioners of said township from the road
tax collected in said township for road improvement.
Sec. 17. For the purpose of paying the interest on said bonds
and to create a sinking fund to pay the principal of said bonds
at maturity, the Board of Commissioners of Moore County shall,
annually, at the time of levying the county and other taxes re-
quired by law to be levied, levy a special tax on all persons and
property subject to taxation within the limits of said McNeill's
Townshi]-), not to exceed fifteen cents on each one hundred dollars
1909— Chapter 82. 103
assessed valuation of real and personal property and fortj-tive
cents on each taxable poll, and the tax so levied shall be collected Collection and
by the Sheriff of Moore County in the same manner as other taxes p^^"^^" ° ^^•
in the county of Moore, and paid over by him to the Treasurer of
the Board of Road Commissioners of McNeill's Township. The Application of
said taxes so levied shall be applied tirst to the payment of the ^^^^'
interest on the bonds as the same shall become due, and the
balance shall constitute a sinking fund for the payment of the
principal of said bonds at maturity, which fund may be invested investments of
by the treasurer of the board of road commissioners of said town- ^"^ '"^ ^'^ ■
ship, under the direction of said board, the interest arising from
said investment to constitute a part of the road fund of said town-
ship. The board of road commissioners of said township are Purcliase of
authorized and empowered, at any time before said bonds may t>onds.
become due, to use any part of said sinking fund in the purchase
of said bonds or any part thereof : Provided, that no greater Proviso: purchase
price shall be paid for any of said bonds than the amount received P"'^*^-
therefor, with interest due on the same to the date of purchase
added.
Sec. is. That the bonds issued under the provisions of this act Obligation of
shall be and constitute obligations of McNeill's Township and "^'^ ^"
shall be payable only by said township as provided in this act.
Sec 19. That nothing in this act shall be construed to release Dutj' of county
the Board of Commissioners of Moore County from the duty of to'bridges."^'^'' ^^
building and maintaining all bridges on the public roads of Mc-
Neill's Township, as provided by law.
Sec. 20. That in addition to the special taxes authorized to be Special tax for
levied by this act for the purpose of paying the interest on the ^°^'^^-
bonds herein provided for, and the principal at maturity, the
Board of Commissioners of Moore County, for the purpose of
laying out. establishing, improving, repairing, grading and main-
taining the public roads of McNeill's Township, shall, annually,
at the time of levying county and other taxes, levy a special tax Rate,
on all persons and property subject to taxation within the limits
of McNeill's Township of ten cents on each one hundred dollars
assessed valuation of real and personal property and thirty cents
on each taxable poll, and the tax so levied shall be collected by Collection and
the Sheriff of Moore County in the same manner as other taxes,
and paid over by him to the treasurer of the board of road com-
missioners of said township, who shall disburse same for the
purposes for which it was levied and collected only in the manner
hereinbefore authorized. If a majority of the qualified voters of Tax rate if bonds
McNeill's Township, at the election herein authorized to be held,
shall fail to cast their votes for the issuance of the bonds herein
described, then the Board of Commissioners of Moore County shall
be authorized and directed, for the purpose named in this section,
to levy annually at the time mentioned in this section a special
104
1909— CiiAPTEE 82—83.
Records of road
orders.
Annual state-
ments.
Statements to be
recorded and
posted.
Secretary to send
copy of act.
tax on all persons and property subject to taxation within the
limits of said township of twenty-five cents on each one hundred
dollars assessed valuation of real and personal property and
seventy-five cents on each taxable poll, instead of the levies here-
inbefore first authorized in this section.
Sec. 21. That the board of road commissioners of said town-
ship shall keep a record of all orders made upon the treasurer
of said board for the payment and disbursement,; of moneys
under the provisions of this act, and shall, annually, within five
days after the first Monday in January, make out a statement
showing the name of every individual whose account has been
audited and allowed under the provisions of this act, and the
amount of the same for the previous year; the total amount of
revenue received by the treasurer of said board and the sources
from which it was received, by items, all disbursements on every
account ; all property and assets of said township, together with
the permanent debt of the township, if any, when contracted, and
the interest paid or remaining unpaid thereon. Said statement
shall be recorded in the office of the Register of Deeds of Moore
County, in the book of official reports, and shall be posted at three
or more public places in said McNeill's Township.
Sec. 22. That the Secretary of State is hereby directed to send
to the Register of Deeds of Moore County immediately after the
ratification of this act a certified copy thereof.
Sec. 23. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 24. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of February, A. D. 1909.
CHAPTER 83.
AN ACT TO RETURN TO THE STATE'S PRISON FROM ITS
EARNINGS FOR 1908 A SUFFICIENT AMOUNT FOR ITS
OPERATION IN THE YEAR 1909.
Amount to be
returned.
The General AssemNy of North Carolina do enact:
Section 1. That the Treasurer of North Carolina be and he is
hereby directed to return to the State's Prison of North Carolina
the sum of sixty-eight thousand three hundred and fifty-six dol-
lars and seventy cents of the earnings of said prison which were
paid to him under the Acts of one thousand nine hundred and
seven, the same to be used by the directors of said prison for the
operation and maintenance of said institution during the year
one thousand nine hundred and nine.
1909— Chapter 83—84—85. 105
Sec. 2. That the State Treasurer shall place said amount to Amount to be
credite"
prison.
the credit of the said State's Prison, and the same shall be paid ^^^^^^'i *» State's
out in the manner provided in section five thousand three hundred
and ninety-six of the Eevisal of one thousand nine hundred and
five.
Sec. 3. That all laws in conflict with this act are hereby re-
pealed.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of February. A. D. 1909.
CHAPTER 84.
AX ACT TO AMEND SECTION 2482 OF THE REVISAL OF
190.5, RELATIVE TO FISHING IN CERTAIN STREAMS.
Tlie General Assembly of North Carolina do enact:
Sectiox 1. That section tvro thousand four hundred and eighty- Wilson's creek
two of the Revisal of one thousand nine hundred and five, yoi- ^"^ '^^ '^"^"^^"es.
ume One, be amended by adding after the word "county," in the
fourth line of said section, the words "or on Wilson's Creek or its
tributaries, in Caldwell County."
Sec. 2. That all laws and clauses of laws in conflict herewith Repealing clause.
are hereby repealed.
Sec. 3. That this act shall be in force from and after March When act e£fec-
first, one thousand nine hundred and nine. ^^^^•
Ratified this the 6th day of February, A. D. 1909.
CHAPTER 85.
AN ACT TO PROVIDE FOR COMPENSATION FOR HOLDING
SPECIAL TERMS OF COURT.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand five hundred and twelve
of the Revisal of one thousand nine hundred and five be amended
as follows: Strike out all after the words "disposed of." in said
section, and insert in lieu thereof the following : "The judge shall Compensation of
attend and hold such court and shall be paid as compensation J'^'^^e.
therefor at the rate of one hundred dollars per week by the county
in which the special term is held."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of February, A. D. 1909.
106
1909 — Chapter 8(3 — 87 — 88.
CHAPTER 86.
Justices named.
Term.
AN ACT TO APPOINT JUSTICES OF THE PEACE FOR RAN-
DOLPH COUNTY.
The General Assembly of KortJi Carolina do enact:
Section 1. That from and after the ratification of this act
W. C. Jones, Clarence Parlis and E. L. Yorl^, of Franlilinville
Township, he and they are hereby appointed justices of the peace
for Randolph County for a term of six years.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of February, A. D. 1909.
CHAPTER 87.
Justices named.
Term.
AN ACT TO APPOINT CERTAIN JUSTICES OF THE PEACE
FOR JACKSON TOWNSHIP, IN NORTHAMPTON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That J. A. Parker and Edwin Wright be and they
are hereby appointed justices of the peace for Jackson Township,
Northampton County, for a term of six years, and that their
terms of office shall begin at the time of the ratification of this
act.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of February, A. D. 1909.
CHAPTER 88.
Term.
Roxboro town-
ship.
Busliy Fork town-
ship.
Woodsdale town-
ship.
AN ACT TO APPOINT JUSTICES OF THE PEACE IN SEV-
ERAL TOWNSHIPS IN PERSON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the following-named persons be and they are
hereby appointed justices of the peace in their respective town-
ships in Person County for a term of six years from and after
the ratification of this act, viz. : W. A. Winstead and W. J. Win-
stead in Roxboro Township, A. M. Long and A. V. Moore in Bushy
Fork Township, E. J. Robertson and J. E. Clayton in Woods-
dale Township.
1909— Chaptek 88— 89. 107
Sec. 2. That tlie justices of the peace appointed under this act Time for qualifi-
shall have thirty days from and after the ratification of this *^'^^'°'^-
act in which to qualify.
Sec. 3. That this act shall be iu force from and after its ratifi-
cation.
Ratified this the 6th day of February, A. D. 1909.
CHAPTER 89.
AX ACT TO RENDER SECURE FROM DAMAGES AND NOTA-
BLY SECURE FROM DAMAGE BY FIRES SUCH WOOD-
LANT)S IN NORTH CAROLINA AS ARE SITUATED ABOVE
THE CONTOUR LINE OF 2,000 FEET AND AS MAY BE DE-
CLARED TO BE STATE FORESTS OF NORTH CAROLINA.
Whereas the forests at the headwaters of the streams of North Preamble.
Carolina, and notably those situated at an altitude above sea
level exceeding two thousand feet, are of the utmost importance
to the commonwealth of North Carolina, directly as well as
indirectly ; and whereas the large majority of the lands of North Preamble.
Carolina situated above two thousand feet elevation are too
steep and climatically too humid and too cold for successful
agriculture ; and whereas the main product of the said lands Preamble,
situated above contour line two thousand feet consists and must
consist for all time hereafter In wood and timber ; and whereas Preamble.
the reproduction of wood and timber in the regions named is
handicapped only and solely by the prevalence of forests fires,
preventing nature from reproducing the forests in the same man-
ner in which they were reproduced by nature before the advent
, of the white man : therefore,
\The General Assemhly of Islorth Carolina do enact:
Section 1. The Governor of the State, upon the written ap- Governor may
jplication of any owner or owners of wooded lands situated in forests^ ^ ^ ^
jNorth Carolina above contour line two thousand feet, may at his
Idiscretion declare the lands of such owner or owners, or such parts
[thereof as he may deem advisable, a "State forest of North Caro-
'lina."
Sec 2. The declaration of the Governor shall be published, at Declaration to be
the expense of the applicant, in three consecutive issues of any P"""*" "^ ■
newspaper published in the county or counties wherein the lands
declared a State forest reserve are situated, if there be one; if
no paper is published in the county or counties, then in a paper
published in an adjoining county; and after such publication the
said lands shall be and are a State forest of North Carolina for
the term of thirty years.
108
1909— Chapter 89.
Agreement by
owners.
Declaration nulli-
fied by failure to
pay assessments.
Appointment of
State forest
wardens.
Powers of State
forest wardens.
Minimum fines.
Sec. 3. The owner or owners, when making such written ap-
plication, shall agree in writing to treat in a conservative man-
ner the proposed State forest described in the application, such
manner to be in accordance with a working plan approved by
the North Carolina Geological and Economic Survey ; and the
said owner or owners of such proposed State forest, when making
such application, shall agree to pay annually into the school fund
of the county wherein such proposed State forest or a part thereof
is situated one-half cent for every acre of such proposed State
forest situated within the county; and if the owner or owners
thereafter shall fail to make such annual payment, then and in
that case the declaration of the Governor establishing the said
State forest shall be null and void to all intents and purposes.
Sec. 4. The Governor shall appoint at his discretion, with the
approval of the commissioners of the county wherein a State
forest is situated, as State forest wardens such a man or men
over twenty-one years of age as may be designated for appoint-
ment by the owner or owners of such State forest. Such State
forest wardens are to receive no compensation other than that
which the owner or owners of the State forest may pay to them.
Sec. 5. The State forest wardens thus appointed may make
arrest on sight, without warrant, for any criminal offense set
out in sections three thousand three hundred and forty-six,
three thousand three hundred and forty-seven, three thousand
four hundred and eighty, three thousand four hundred and eighty-
one, three thousand six hundred and seventy-seven, three thou-
sand six hundred and eighty-seven and three thousand six hun-
dred and eighty-eight of the Revisal of one thousand nine hundred
and five, or other crime relating to real estate committed within
the said State forest, and they shall safeguard against tres-
pass, and notably against fire, the State forest for which they
have been appointed ; and, as far as the enforcement of the
provisions of this act is concerned, the State forest warden shall
have all the powers, privileges and protection otherwise had by
sheriffs under any act or law now in force.
Sec 6. The minimum fine for any offense mentioned in the
preceding section committed within any State forest shall be
fifty dollars if within the jurisdiction of the Superior Court, and
twenty-five dollars if within the jurisdiction of a justice of the
peace.
Sec 7. Any law or statute of North Carolina conflicting with
this act. or as much thereof as may be conflicting with this act,
is hereby repealed.
Sec 8. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of February. A. D. 1909.
1909— Chapter 90—91. 109
CHAPTER 90.
AN ACT TO AMEND SECTION 8, CHAPTER ST OF THE RE-
YISAL OF 1905, ANTD TO ABOLISH THE CROP PEST COM-
MISSION, AS NOW CONSTITUTED, AND TRANSFER ITS
POWERS AND DUTIES TO THE BOARD OF AGRICULTURE.
The General AssemMy of North Carolina do enact:
Sectiok 1. That section eight of chapter eighty-seven of the
Revisal of one thousand nine hundred and five be amended as fol-
lows : Subsection three thousand nine hundred and seventy-nine Board of agricul-
shall read, "The Board of Agriculture shall be the crop pest com- pggt commission,
mission." Subsections three thousand nine hundred and eighty, Duties and powers
three thousand nine hundred and eighty-one and three thousand *'^^® erred,
nine hundred and eighty-two be amended by striking out "com-
mission" wherever it occurs and inserting "Board of Agriculture,"
and subsection three thousand nine hundred and eighty-one be
further amended by adding at the end thereof the following : "Any Violation of regu-
violation of any such regulation shall be a misdemeanor, and the meanor^ "^'* *^'
person violating shall upon conviction be fined or imprisoned in Punishment.
the discretion of the court."
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 this the 6th day of February, A. D. 1909.
CHAPTER 91.
AN ACT TO ALLOW THE REGISTER OF DEEDS OF DUR-
HAM COUNTY TO APPOINT A DEPUTY, AND TO VALI-
DATE ALL ACTS OF PERSONS HERETOFORE ACTING IN
THE CAPACITY OF DEPUTY REGISTER OF DEEDS.
The General Assembly of North Carolina do enact:
Section 1. That the Register of Deeds of Durham County may Register may
appoint a deputy, who shall take and subscribe the oath pre- ^PP^'"^* deputy.
scribed for the register of deeds and who may perform the duties Duties and powers
of register of deeds and have the same powers to do and act ofii- °^' <ieputy.
cially as conferred by law on the register of deeds, and be sub-
ject to all laws and penalties that apply to the register of deeds.
Sec. 2. That said register of deeds of said county shall make a Record of ap-
record of the appointment of his deputy, giving the name of such PO'^'^'^ent.
appointee and the date of such appointment, and shall furnish to
the Clerk of the Superior Court of Durham County a transcript
no
1909— Chapter 91—92.
Record of resigna-
tion or removal.
Register responsi-
ble for acts of
deputy.
Former acts vali-
dated.
Existing suits not
affected.
of such record, and said clerk of the Superior Court shall make
a record of the same and make a cross index thereof on the gen-
eral index in his office. Whenever such deputy register of deeds
shall resign or be removed from his office the register of deeds by
whom he was appointed shall write on the margin of the i-ecord
of such appointment in the office of the clerk of the Superior
Court the word "Revoked" and the date of such revocation, and
sign his name thereto. A duly certified copy of such appointment
and such revocation, under the hand and official seal of the regis-
ter of deeds of said county, shall be deemed prima facie evidence
of the regularity of such appointment and revocation, and shall
be admitted as evidence in all the courts.
Sec. 3. That the register of deeds of said county shall be held
responsible for the acts of his deputy.
Sec. 4. That the acts of all persons heretofore acting in the
capacity of deputy I'egister of deeds of said county are herel)y
declared valid and legal, to all intents and purposes, as if made
and done by the register of deeds; that this act shall not apply
to suits now pending.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of February, A. D. 1909.
CHAPTER 92.
AN ACT TO AUTHORIZE BUNCOMBE COUNTY TO FUND
ITS FROATING INDEBTEDNESS.
Purpose of issue.
Issue and sale of
bonds authorized.
Amount.
Interest.
Maturity.
Denominations.
Advertisement
and sale of bonds,
The General Assembly of North Carolina do enact:
Section 1. That in order to pay off the floating indebtedness
of the county of Buncombe incurred for necessary expenses of
said county prior to the first Monday in December, A. D. one
thousand nine hundred and eight, the board of commissioners of
said county are hereby authorized and empowered to issue and
sell funding bonds of said county to an amount not exceeding the
sum of one hundred and twenty-five thousand dollars, said bonds
to draw interest at a rate not exceeding five per centum per
annum, payable semiannually, and to mature not more than thirty
years from their date.
Sec. 2. That said bonds shall be in such denominations and
shall be payable at such place or places as the said board may
determine.
Sec. 3. That said bonds shall be sold at the best price offered,
after advertisement for four weeks in a newspaper published in
the citv of Asheville. and also after advertisement in some finan-
1909— Chapter 92—93—94. Ill'
cial paper published in the city of New Yorlc. They shall not be
sold for less than par and accrued interest. They shall be sold
by the board of county commissioners without any cost to the
county except the actual necessary expense in effecting the sale.
Sec. 4. That the board of commissioners of said county of Bun- Special tax for
combe shall, at the time other taxes are levied, levy annually a c?p|i. ^ ^'^ ^^"^"
special tax upon all the property of said county of sufficient
amount to pay the interest on said bonds as it becomes due and
the principal at maturity.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of February. A. D. 1909.
I
CHAPTER 93.
AN ACT TO AMEND SECTION 3093 OF THE REVISAL OF
1905, CONCERNING YEAR'S SUPPORT OF WIDOWS.
Tlie General AssemMy of North Carolina do enact:
Sectio:^ 1. That section three thousand and ninety-three (3093) Provision for
of the Revisal of one thousand nine hundred and five be amended
by inserting in line two. between the comma after the word
"widow" and the word "every," the following words : "any child
with which she may be pregnant at the death of her husband."
Sec. 2. That this act be in force from and after its ratification.
Ratified this the Gth day of February. A. D. 1909.
CHAPTER 94.
AN ACT TO AMEND SECTION 1661 OF THE REVISAL OF
1905, RELATIVE TO REGULATING FENCES IN TYRRELL
COUNTY.
The General Assembly of Xorth Carolina do enact:
Sectiox 1. That chapter thirty-five of the Revisal of one thou- Proviso: lawful
sand nine hundred and five, section one thousand six hundred and f^"*^^-
sixty-one. be amended by adding thereto the following: "Pro-
vided further, that a wire fence four feet high shall be a lawful
fence in Tyrrell County."
Sec 2. That this act shall take effect from and after its ratifi-
cation.
Ratified this the 8tb day of February, A. D. 1909.
•112
1909— Chapter 95—96.
OflQce abolished.
Sheriff to act ex-
officio.
When act effec-
tive.
CHAPTER 95.
AN ACT TO ABOLISH THE OFFICE OP COUNTY TREASURER
OF SWAIN COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the office of county treasurer in the county of
Swain be and tlie same is hereby abolished, and the Sheriff of
Swain County shall act e.r officio as county treasurer in said
county, without any compensation for his services as such.
Sec. 2. That this act shall be in force from and after Decem-
ber first, one thousand nine hundred and ten.
Ratified this the Sth day of February, A. D. 1909.
CHAPTER 96.
AN ACT FOR THE BETTER DRAINAGE OF LOWER CREEK,
IN THE COUNTIES OF BURKE AND CALDWELL.
Preamble. Whereas Lower Creeli, from a point near the corporate limits
of the town of Lenoir, in Caldwell County, to or near its mouth
at the Catawba River, in Burke County, has been filled up with
decaying timber, mud, debris and other substances so near to the
top of its banks in many places as to cause it to overflow when-
ever the usual heavy rains occur many acres of bottom land
lying on both sides of said stream and render a large portion of
the adjacent farms either totally uncultivable or much less pro-
ductive than it was before said creek was filled up or would now
be if said stream was deepened, straightened and cleared out ;
and whereas there is reason to believe that the overflowing of
said stream is creating dangerous malaria and the bed of said
stream is being filled up every year at the rate of two to eight
inches, and that the overflow from natural causes and the conse-
quent malaria engendered thereby are becoming greater every
year : therefore.
The General Assemhlp of North Carolina do enact:
Corporations. Section 1. That L. H. Tuttle, L. E. Rabb, T. B. Lenoir, C. E.
Corpening, W. L. Hartley, T. N. Hallyburton, J. Vance Powell.
J. M. Harris, M. H. Kent, E. C. Leonard, Amos G. Burns and S. S.
■ Hallyburton are hereby constituted a body politic, a quasi munici-
Corporate name, pal corporation, under the name and style of "Lower Creek Drain-
Rights and powers age Commissioners,'' with general rights and powers incident to
the creation of such corporations, such powers as may be herein-
after conferred, especially the power and duty of supervising the
1909— Chapter 96. 113
drainage of said Lower Creek, between the old Sudderth mill site,
in the county of Burke, to a point in or on said channel of Lower
Creek opposite Hibriten Academy, in the county of Caldwell.
Sec. 2. That said commissioners shall meet for the purpose of Meeting for organ-
organization at a time and place on or about April the second,
one thousand nine hundred and nine, to be designated by the said
L. H. Tuttle, and, upon notice of ten days to be given by him to Notice of meeting.
each of said other commissioners, shall elect one of their members Organization.
chairman and another secretary ; and in case any one of said
commissioners shall refuse to act, or in case any of said commis-
sioners decline upon said notice to meet and act, then any vacancy Vacancies,
caused in any waj^ or from any other cause shall be filled by the
other commissioners by choosing some owner of land lying on
said creek between the said mill site and the said point in Cald-
well County.
Sec. .3. That said commissioners shall cause an accurate esti- Estimates to be
mate of the number of acres of bottom land lying along said ™
stream aud its tributaries emptying into it between said mill site
and said point opposite said Hibriten Academy, and which are
rendered less productive by the overflow of said Lower Creek
and its tributaries, and shall have the power to appoint three dis- Preeliolders to be
interested freeholders, whose compensation shall be fixed and certain and'repOTt
paid by the order of said commissioners, one of whom shall be a lands affected.
resident of Burke County and one of Caldwell County and the
third a freeholder who shall be a surveyor, and said three free-
holders shall proceed to ascertain and report the number of acres
of said bottom land belonging to each landowner and lying on
said Lower Creek and its tributaries, the productive capacity of
which they shall have determined is diminished by the said over-
flow of said Lower Creek and consequent flooding by it and its
said tributaries ; but before entering upon their duties the said Freeholders to
three freeholders shall take an oath, before the chairman of said
commissioners or before any other person qualified by law to ad-
minister an oath, that he will discharge the duties devolving upon
him and will report the result of his examination and investigation,
without favor to any one. Aud the said chairman of said commis- Cliainnan and
secretary of com-
sioners and a secretarj' sliall be chosen liy them of their number, missioners.
and any vacancy that may be caused by death or resignation of said
chairman or secretary shall be filled by said commissioners by
selecting from their own number, and any vacancy caused by the Vacancies.
death or resignation of any commissioner shall be filled by the
other connuissioners.
Sec. 4. That the said commissioners shall have the power and Commissioners to
..,,,,,,.,,,. ,, >.,».., ., 1 make assessments.
It shall be their duty, during the month of April, one thousand
nine hundred and nine, and on the first Monday in April of every
year thereafter until such time as .said creek shall be thoroughly
rub.— 8
114
1909— Chapter 96.
Matters to be con-
sidered in making
assessments.
Collector of
assessments.
Fees of collector.
Lien of assess-
ment.
Enforcement of
lien.
Proviso:
appeal.
right of
Application of
funds.
Statement of re-
ceipts and dis-
bursements.
Failure to file re-
port a misde-
meanor.
Entry upon lands
for drainage.
draiuetl. in the opiuion of the commissiouers, and until all sums
borrowed for tbe drainage of said steams shall be fullj' paid
and discharged, principal and interest, to levy an assessment of
not less than twentj'-five cents nor more than one dollar per acre
on every acre of land within the boundary above designated along
said creek and its tributaries which said freeholders shall I'eport
to be rendered less productive, as above provided. In assessing
said lands for taxation said commissioners as aforesaid shall con-
sider the benefits derived from said drainage to each landowner
along said stream, and value his property according to said bene-
fits, and it shall be the duty of the commissioners to select one
of their own number or some other suitable person as collector
of such assessments, requiring such collector to give bond in
an amount to be fixed by said commissioners, conditioned for the
faithful discharge of his duties and faithfully accounting for all
moneys collected by him, and the said commissioners shall allow
such collector reasonable fees, to be paid out of the money col-
lected by him. and the said assessment so levied shall constitute
a lien upon the land so assessed only which shall be the land
designated by said freeholders in their report as injured or ren-
dered less productive as aforesaid ; and the said collector shall
be empowered to bring an action in the name of the corporation
to enforce said lien by subjecting the land intended to be benefited
by rendering it more productive, either in the Superior Court or
before a justice of the peace, and the court having jurisdiction
of the amount due shall have power, upon summons served upon
any of said landowners, as prescribed in cases where actions are
brought to enforce money demands where said landowners shall
fail to pay such assessment on or before the first of December of
the year in which such assessment shall have been levied ; and
the court, on trial, shall have power to adjudge that such assess-
ment shall constitute a lien on the laud assessed, and that the
sheriff of the county shall sell the said land assessed to satisfy
such assessment upon it and the cost of the action so brought to
enforce it : Provided, linicever. that either the plaintiff or the
defendant in such action shall have the right to appeal, as pro-
vided by law in other cases, upon giving bond in the sum of a
hundred dollars.
Sec. 5. That the money so assessed and collected shall be used
bj' said commissioners in draining said Lower Creek, and the said
president and secretary shall, on the first Monday in April of eacli
year, file with the register of deeds of Burke and Caldwell coun-
ties an itemized statement of receipts and disbursements of the
money so assessed and collected, and if they shall fail to file such
report at said time thej' shall be guilty of a misdemeanor.
Sec G. That the said commissioners are hereby empowered and
it shall be their duty to enter into said creek, between the points
1909— CHArTER 96—97. 115
mentioned, and on the land lying along the same, for the purposes
of draining said land, and they shall have power to employ eugi- Powers of com-
missioncrs
neers, cut canals, dig ditches, blast out shoals, clear away all
obstructions from the channel, and to employ foremen, hire hands
and teams, purchase tools and to do such other things as may be
necessary for the drainage of said Lower Creek and for the im-
provement of said lands ; and the said commissioners shall have
power to have the timber along the banks of the creek cleared,
at the cost of the landowner, to be collected as an addition to his
assessment, unless the landowner shall clear said banks himself
within thirty days after notice to do so. under the supervision
of the said corporation.
Sec. 7. That said commissioners, in order to expedite work and Power to borrow
to secure contractors on better terms, are hereby authorized and
empowered to borrow money at a rate not to exceed six per cent
per annum, and proceed with the drainage of said stream while
said assessments are being collected : Provided, that said com- Proviso: limit.
missiouers shall not borrow for purposes as stated above a
greater sum than ten thousand dollars, and shall have power to
pledge the sums collected by said assessments as they come into
the hands of said commissionei-s for the payment of money so
borrowed : and the said assessments shall be levied as aforesaid
each year until the sums of money so borrowed shall have been
paid, principal and interest.
Sec. S. That said commissioners shall receive no compensation Compensation of
„ ., . • • .u, ^- £ J.T. 1 .L- -1 -1 • commissioners,
for their services in the pertormance of the duties prescribed m
this act. except a reasonable allowance for the time actually em-
ployed in superintending and directing the actual work of the
drainage of said Lower Creek.
Sec. 0. It shall be a misdemeanor to fell any timber or place Felling timber or
any obstruction on said Lower Creek or its tributaries within the fjons'^n'stream'a
limits above set forth which shall impede or obstruct the natural misdemeanor.
flow of water in said stream.
Sec. 10. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 11. This act shall be in force from and after its ratification.
Ratified this the Sth day of February. A. D. 1909.
CHAPTER 97.
AX ACT TO ENTITLE THE SALE OF TEST FARMS BY THE
BOARD OF AGRICULTURE.
The General Assembly of Xorth Curolina do enact:
Section 1. That the Board of Agriculture is here])y authorized Sale authorized,
and empowered to sell at the discretion of said board any land
or lands which may be conveyed to the State or the Department
116
1909— Chapter 97—98.
Deed for title.
Disposal of pro-
ceeds.
of Agriculture for the purpose of conducting "test farms" ; and
that a deed, signed by the Commissioner of Agriculture and
attested by the Secretary of the Board of Agriculture in the
name of the State and the Board of Agriculture, shall be sufficient
to convey title to the purchaser or purchasers.
Sec. 2. That the proceeds of sale, in case of such conveyance
or conveyances, shall be invested by the Board of Agriculture in
other land or lands to be used for conducting "test farms," ex-
cept so much of said money as may be necessary to reimburse any-
one who has contributed to the purchase money. This amount
shall be returned to the contributor or contributors.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of February, A. D. 1909.
CHAPTER 98.
AN ACT AUTHORIZING THE COMMISSIONERS OF ASHE
COUNTY TO LEVY A SPECIAL TAX FOR THE PURPOSE
OF BUILDING BRIDGES IN ASHE COUNTY.
Special tax au-
thorized.
Rate.
Purpose.
Location of
bridges.
The General Assemhly of North Carolina do enact:
Section 1. That the Board of Commissioners of Ashe County
are hereby empov^ered to levy a special tax at their regular meet-
ing in June, one thousand nine hundred and nine, not to exceed
twenty-five cents on the one hundred dollars valuation of prop-
erty, for the purpose of paying for the erection of bridges in
said county as hereinafter provided.
Sec. 2. That the Board of Commissioners of Ashe County shall
be and are hereby empowered to have erected across the North
Fork of New River good, substantial wooden bridges at or near the
following points, to-wit : one near the mouth of Phoenix Creek.
so as to connect with the road that leads from Jefferson, N. C,
to Hilton, N. C, by the way of the mouth of Phoenix Creek ; one
near the Wilcox place, so as to connect with the road leading from
W. II. Jones' store to Horse Creek by the way of James Rowland's ;
one near the mouth of Buffalo Creek, so as to connect with the
road leading from W. H. Jones' store to W. H. Perkins' by the
way of the mouth of Buffalo Creek ; and said commissioners
shall be and are hereby empowered to cause to be constructed a
good, substantial wooden bridge across the South Fork of New
River, near the mouth of Obid's Creek, so as to connect with the
roads leading from D. W. Adams' place to Beaver Creek by the
way of the mouth of Obid's Creek, and also the road leading from
Obid's Creek to Jefferson, N. C, by the way of the mouth of
1909— Chaptek 98—99. 117
Obid's Creek ; and said commissioners are empowered to also
cause to be covered and repaired the bridge across the South
Forlj of New River, on the Jefferson and Wilkesboro Turnpike
Road ; conditioned, however, if said turnpike company grant the
citizens of Ashe County free passage over the same. Said privilege
of free use of said bridge shall be in writing and signed by the
president and secretary of the turnpike company and placed upon
the record of the book of the secretary of the turnpike company
and also recorded by the Register of Deeds of Ashe County upon
the minutes of the proceedings of the county commissioners of
Ashe County.
Sec. 3. That the contracts for the construction and repairing Bridges let to
of said bridges may be let by the commissioners to the lowest '^o'^'^ract.
responsible bidders on or before the first Monday in June, one
thousand nine hundred and nine, after advertising for said bids Advertisement for
for at least twenty days in The Jefferson Recorder, a newspaper
published in Jefferson, North Carolina, and posting notice at the
courthouse door and at one public place in each township in
Ashe County. Said commissioners shall have the power of reject- Power to reject
ing any or all bids and let said contracts upon such terms as they ^ ^'
may deem just and proper ; but, however, the commissioners shall
require the several parties with whom they contract for the
building of said bridges to enter into a good and sufficient bond Contractors to
"^ ° ^ give bond,
in double the sum of the contract price for the faithful perform-
ance of said contract.
Sec. 4. That the following parties be and are hereby appointed Commissioners to
to locate said bridges at or near the points as above set out : At
or near the mouth of Phoenix Creek, A. R. Tail, J. J. Thomas and
R. L. Reeves ; at or near the mouth of Buffalo Creek, W. H.
Jones, A. S. Eller and Ace Jones ; at or near the Wilcox place,
W. P. Turner, F. M. IMiller and Joseph Baker ; at or near the
mouth of Obid's Creek, John Bare, John A. Miller and Nathan
Sheets.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of February, A. D. 1909.
CHAPTER 99.
AN ACT TO RE-ESTABLISH THE OFFICE OF TREASURER
OF DUPLIN COUNTY.
The General Assemhly of North Carolina do enact:
Sectiox 1. That from and after the first Monday In December, Date of re-
one thousand nine hundred and ten, there shall be a treasurer establishment,
for the county of Duplin.
118
1909— Chapter. 99—100.
Election of treas-
urer.
Compensation.
Application of
general laws.
Sheriff to turn
over moneys.
Sec. 2. That at the uext general election In said county, and
every two years thereafter, a treasurer shall be elected for said
county by the voters thereof, under the same rules and regula-
tions governing the election of other county offcers.
Sec. 3. That the compensation of the said Treasurer of Duplin
County shall be the same as is now allowed by the existing law.
and the said treasurer shall receive the same fees as are now paid
treasurers under the existing law.
Sec. 4. That in all other respects the general laws relative to
county treasurers in North Carolina shall apply to the Treasurer
of Duplin County.
Sec. 5. That upon the election of said treasurer in said county,
and his giving bond in double the amount of money which he may
receive by virtue of his office of treasurer, said bond to be ap-
proved by the Board of Commissioners of Duplin County, and
taking the oath of office, the Sheriff of Duplin County shall turn
over to the said treasurer such moneys as the said treasurer may
be entitled to by virtue of his office, and take his receipt there-
for.
Sec. 6. That all laws and clauses of laws in conflict with rhis
act be and the same are hereby repealed.
Sec. 7. That this act shall be in force from and after its rat idea-
tion.
Ratified this the Sth day of February, A. D. 1000.
CHAPTER 100.
AN ACT FOR THE RELIP^F OF EX-SHERIFF AND EX-TAX
COLLECTOR OF LINCOLN COUNTY.
Collection of
arrears author-
ized.
Years.
Persons not com-
pelled to pay.
The General AssemNy of Islortli Carolina do enact:
Section 1. That all ex-sheriffs and ex-tax collectors who, by
virtue of their office, have had tax lists for the purpose of col-
lection of taxes of their respective counties, towns or townships
in their hands for the years of one thousand nine hundred and
five and one thousand nine hundred and six and one thousand
nine hundred and seven and one thousand nine hundred and
eight, and, in cases of death or default, their personal representa-
tives, bondsmen or any agent they may designate, are hereby
authorized and empowered to collect arrears of taxes for each
of the years aforesaid, under such rules and regulations as are
now or may hereafter be provided by law for collection of taxes.
Sec. 2. That no person shall be compelled to pay any tax vmder
the provisions of this act who holds a receipt in full for the
years named in section one of this act, or who will make af-
fidavit before some officer authorized by law to administer oaths
1909— Chapter 100—101—102.
119
that the tax attempted to be collected has beeu paid; nor shall
any administrator, executor or guardian be compelled to pay any
tax under the provisions of this act after he shall have made
a full settlement.
Sec. 3. That nothing herein contained shall be construed to re- Liability to non-
lieve sheriffs or tax collectors, their representatives or bondsmen ^'^ ^"'^^ •
from the liability imposed by law to pay the State, county and
other taxes at the place and time required by law.
Skc. 4. That the authority herein given shall cease and deter- Authority to
mine on the thirty-first day of ilay, in the year of our Lord one ''^^'^•
thousand nine hundred and ten.
Sec 5. That this act shall only apply to the county of Lin- Application of act.
coin.
Sec. 6. That this act shall be in force and effect from and
after its ratification.
Ratified this the 8th day of February, A. D. 1909.
CHAPTER 101.
AN ACT RELATING TO THE PAY OF COMMISSIONERS OF
RICHMOND COUNTY.
The General AssemUy of North Carolina do enact:
Section 1. That each commissioner of Richmond County shall Per diem.
receive for his services and expenses in attending the meetings
of the board the sum of three dollars per day and mileage, not Mileage.
to exceed five cents per mile.
Sec. 2. That this act shall be in force frt)m and after its ratifi-
cation.
Ratified this the Sth day of February. A. D. 1909.
CHAPTER 102.
AN ACT TO AMEND SECTION 5, CHAPTER 877 OF THE PUB-
LIC LAWS OF 1907, RELATING TO THROWING SAWDUST
IX BIG IVY CREEK, IN BUNCOMBE COUNTY.
The Gcurnit Aa.semhly of North Caroliita do enact:
Section 1. That section five of chapter eight hundred and Mill excepted.
seventy-seven of the Public Laws of one thousand nine hundred
and seven be amended by adding thereto the following: "Pro-
rided. that this act shall not apply to the sawmill of A. I. Ingle,
near Barnardsville. in said county, as long as the said mill shall
be operated at its present location and capacity.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of February. A. D. 1909.
120 1909— Chapter 103—104.
CHAPTER 103.
AN ACT TO AMEND SECTION 2798 OF THE REVISAL OF 1905
OF NORTH CAROLINA, RELATIVE TO THE PAY OF
JURORS IN GREENE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That Hues uiue and ten of section two thousand seven
hundred and ninety-eight of the Revisal of one thousand nine
hundred and five of North Carolina be and the same is hereby
amended by striliing out all of said lines and substituting the
Regular jurors. follovi'ing therefor : "In Greene County all regular jurors shall re-
Talesmen, ceive two dollars per day and mileage and all tales jurors shall
receive two dollars per day, without mileage."
Sec. 2. That this act shall be in force from and after the date of
its ratification.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 104.
AN ACT TO ESTABLISH IN THE CITY OF REIDSVILLE
A SPECIAL COURT, TO BE CALLED THE "RECORDER'S
COURT," AND PRESCRIBE THE JURISDICTION THEREOF.
The General Assembly of North Carolina do enact:
Court established. SECTION 1. A special court for the trial of petty misdemeanors.
Title. and to be designated as the "Recorder's Court of the Town of
Reidsville," is hereby established.
Court of record. Sec. 2. Said court shall be a court of record and shall be
Recorder. presided over by a recorder, who shall be an elector of the town
of Reidsville.
Election of re- Sec. 3. Said recorder shall, at the expiration of the term of the
corder. recorder elected by the board of commissioners to preside over
said court, as hereinafter provided, until the first Tuesday in
June, one thousand nine hundred and nine, be elected by the
people at the general town election to be held on the first Tues-
Ballot box. day in May, one thousand nine hundred and nine. The commis-
sioners of said town shall provide a separate box in which to vote
Declaration of for said recorder, and said election shall be held and result de-
^^^^^^- Glared in the same manner as is now provided for the election
Recorder to of the mayor of said town. Said recorder so elected shall qualify
qualify. ^^ such recorder on the first Tuesday in June, one thousand nine
hundred and nine, and shall hold office for a term of two years.
Term of office. Said recorder shall be elected every two years at the general elec-
tion of said town, and shall qualify as such recorder on the first
1909— Chapter 104. 121
'Tuesday in June every two years thereafter. He shall take and
prescribe the oath required by the judges of the Superior Court,
and shall receive a salary of forty dollars ($40) per mouth, to Salary,
be paid by the town of Reidsville, but the board of commissioners
may increase the same to as much as sixty dollars ($60) per
mouth, should the amount of business and the usefulness of the
<;ourt justify such an increase.
Sec. 4. The court shall hold daily sessions, Sundays and legal Sessions of court,
holidays excepted, at the town hall of the town of Reidsville or
other places designated by a resolution of the board of commis-
sioners, the first session to be held on the first day after the First session,
qualification of said recorder, as hereinafter provided.
Sec. 5. Said court shall have final, original, exclusive jurisdic- Jurisdiction,
tion of all misdemeanors occurring or committed within the corpo-
rate limits of the town of Reidsville, as follows, to-wit : of all
ofEenses which are a violation of any ordinance of the town of
Reidsville, and of all crimes the jurisdiction of which is now or
mav hereafter be given to justices of the peace. That in addition Crimes declared
to the offenses above mentioned, the following crimes, to-wit : meanors.
' carrying concealed weapons ; gaming ; gambling ; keeping bawdy
houses; larceny, or receiving stolen goods, knowing them to ^
be stolen, wherein the value of the article does not exceed
twenty dollars; failure to list taxes; assault and battery with
a deadly weapon, or when serious damage is done; fornication
and adultery; abandonment; cruelty to animals; malicious in-
jury to real or personal property ; trespassing on land after being
forbidden; forcible trespass; enticing servants to leave masters;
indecent exposure of person; retailing spirituous liquors without
license; selling or giving away spirituous liquors to a minor;
selling or giving away cigarettes to a minor; obtaining advances
by false pretenses; disposing of mortgaged property; all crimes
against the public health, as contained in the Revisal of one
• thousand nine hundred and five, from section three thousand four
hundred and forty to three thousand four hundred and fifty-
eight, inclusive; all misdemeanors, as contained in chapter eighty-
one of the Revisal of one thousand nine hundred and five and
acts amendatory thereof, where the punishment does not exceed
a fine of two hundred dollars and imprisonment for one year;
and all crimes which under the common law are misdemeanors
wherein the punishment is in the discretion of the court, are
hereby declared by this act to be petty misdemeanors, and final, jurisdiction.
exclusive, original jurisdiction thereof is hereby given to the
recorder's court of the town of Reidsville.
Sec. 6. That in addition to the jurisdiction given in section five jurisdiction as
of this act, said court is hereby given exclusive, original juris- ^^juLl"^ ^°'""
diction to hear and bind over to the proper court all persons
charged with any crimes committed within the town of Reids-
ville wherein the preliminary investigation thereof is now con-
ferred on justices of the peace or the Mayor of Reidsville, and
122
1909— Chapter 104.
Costs to be paid
to town.
Warrants.
Right of appeal.
Bond and recog-
nizance.
Persons convicted
Costs.
Convicts sen-
tenced to road
work.
Proceedings.
Right of appeal.
Defendant appeal-
ing bound over.
Jurisdiction for
recovery of pen-
alties.
said cost of the arrest aud such comiuitnient as herein provided
shall be paid to the town of Reidsville by the county commis-
sioners of Rockingham County, upon the bill being verified and
filed with said commissioners by the clerk of the said recorder's
court, as hereinafter provided.
Sec. 7. Warrants may be issued by the recorder of said court
for any person or persons charged with the commission of any
offense of which said court has jurisdiction, and any person con-
victed in said court shall have the right of appeal to the Superior
Court of Itockiugham County, and upon such appeal the trial
in the Superior Court shall be de novo.
Sec. 8. In all cases heard by the recorder of the court estab-
lished by this act, as committing magistrate, against any person
or persons whereof the said court herein established has not
jurisdiction, in which probable cause of guilt is found, such person
or persons shall be bound in bond or recognizance with sufficient
surety to appear at the next succeeding term of the Superior
Court of Rockingham County for the trial of criminal cases, and
in default of such bond or recognizance such person or persons
shall be committed to the common jail of Rockingham County to
await trial as aforesaid.
Sec. 0. All persons convicted in said court of any of the of-
fenses mentioned in any section of this act shall be fined or im-
prisoned according to law, and any person convicted of any otfense
shall pay the cost of prosecution.
Sec. 10. Whenever any person is convicted of any oftense of
which said court has jurisdiction, and the punishment imposed
is tine or imprisonment and costs, the recorder shall sentence the
defendant to the county jail of Rockingham County, to be worked
upon the public roads of said county until sentence has been com-
plied with.
Sec. 11. The recorder shall preside over said court and try and
determine all actions coming before him, the jurisdiction of which
is conferred by this act, and the proceedings of the said court
shall be the same as are prescribed for courts of justices of the
peace, and in all cases there shall be a right to appeal on the
part of the defendant adjudged guilty to an ensuing term of the
Superior Court for the trial of criminal cases, and in all such
cases of appeal the defendant shall be required to give bond, with
sufficient surety, to insure the defendant's appearance, and in
default thereof the said recorder shall commit such defendant to
the common jail of Rockingham County until such defendant shall
give bond or be otherwise discharged according to law.
Sec 12. The said court shall also have jurisdiction to try all
actions for the recovery of any penalty imposed by law or this
act, or by any ordinance of the town of Reidsville for any act
done within the said town of Reidsville, and said penalty shall
be recovered in the name of the town of Reidsville; and in all
1909— Chapter 104. 123
cases where judgmeut shall be entered against any persuu for
fines or penalties, and the person against whom the same is ad- Road work for
judged fails or refuses to pay such judgment, it shall be lawful altfes. ^ ^^"'
for the recorder of said court to order and require said person
to be worked on the public roads of Rockingham County until, at
a fair rate of wages, such person shall have worked out the full
amount of said judgment and cost.
Sec. 13. Said court shall have a seal, with the impression "The Seal of court.
Recorder's Court of the Town of Reidsville," which seal shall be
used in attestation of writs, warrants or other proceedings, acts,
judgments or decrees of said court in the same manner and to
the same effect as the seal of other courts iu the State of North
Carolina.
Sec. 14. The recorder may issue his process to the chief of Process of re-
cord€*r
police or to the town police of the town of Reidsville, or to the
sheriff or constable, or to other officers of the county of Rocking-
ham, and such process, when attested by the seal of the recorder's
court, shall run anywhere in the State of North Carolina and
shall be executed by all officers according to the law.
Sec. 15. Should the recorder be prevented from attending to Substitute re-
cord^r
his duties on account of sickness or other temporary disability, or
by absence from the town of Reidsville, then and in that case the
board of commissioners of the town of Reidsville shall elect a
substitute recorder, who shall have all the jurisdiction, power and
authority herein conferred upon the duly elected recorder of the
said town of Reidsville.
Sec. 1G. The recorder shall be allowed such costs as are now Costs to use of
allowed by law in similar proceedings before justices of the peace, °^^"'
and the clerk of said court shall be allowed such costs as are
allowed by law in similar proceedings to clerks of the Superior
Court, and all such costs recovered and collected in said court
shall belong to the town of Reidsville to reimburse said town
of Reidsville for salaries paid by it to said recorder and said
clerk, and should costs not be sufficient to pay the said salaries
over and above the costs paid to the officer who executed papers
for fees attached to such services, then said deficiency shall be
paid out of penalties collected for violation of town ordinances,
and all fines and forfeitures collected by said court shall be paid Fines and for-
to the treasurer of said county, as jjrovided now by law, and the ^' "'^^^"
clerk of said court shall file with the County Board of Education
of Rockingham County an itemized account of said fines and
forfeitures; and the said board of education shall appropriate to Appropriation to
the Reidsville graded schools, in addition to the per capita ap- schools'. ^ ^^^
propriation as provided in the general school law, an amount
each year equal to the amount of such fines and forfeitures col-
lected by said court and paid to such ti'easurer; and all fees Fees paid over to
allowed by law for an arrest or services or other process in a *°^^'^ reasurer.
124
1909— Chapter 104.
Election of clerk.
Power to issue
process.
Salary.
Clerk to give
bond.
Clerk to keep
records.
Dockets.
Files.
Trial by jury.
Defendant to pay
jury fees.
Jury box.
County to pay
costs.
criminal action, when the same sliall have been made by the
sheriff, chief of police or other officer who is on a salary, shall
be paid over to the treasurer of the town of Reidsville for the
use of said town and to reimburse it for expenses of supporting
said court.
Sec. 17. The board of commissioners of said town shall elect
a clerk for said court, who shall be ex offlcio a justice of the peace,
with power to issue process returnable before said court, and shall
be paid a salary of not more than twenty-five dollars per month,
to be paid by the town of Reidsville. Before entering upon
the duties of his said office as such clerk, he shall enter into a
bond, with good and sufficient surety, in the sum of one thousand
dollars, for the true and faithful performance of his duties as
clerk and for the faithful accounting of all moneys which may
come into his hands as such clerk.
Sec. 18. It shall be the duty of the clerk of said court to keep
an accurate account and true record of all costs, fines, penalties,
forfeitures and punishments by said court imposed under the
provisions of this act, and said record shall show the name
and residence of such offender, the nature of the offense, the date
of hearing or trial and punishment imposed, which said record
shall at all times be open and subject to inspection by the board
of commissioners or other persons having business relating to said
court. He shall provide a permanent docket for recording all
the processes issued by said court, which shall conform to the
dockets kept by the clerk of the Superior Court. He shall also
provide proper files to properly keep the record of all cases
which shall be disposed of in said court and what disposition has
been made of them. The record books, dockets and files herein
provided for shall be paid for by the board of commissioners
of the town of Reidsville.
Sec. 19. That in case any defendant arraigned for trial before
said court shall demand a trial by jury as allowed by law, the
said court shall cause to be drawn from the jury box to be pro-
vided by the said board of commissioners of the town of Reids-
ville a jury to try said cause. Said defendant shall be required
to pay the fees allowed by law for jurors in cases before justices
of the peace before the said jury is drawn ; and it shall be the
duty of the said board of commissioners of the town of Reids-
ville to provide a jury box for this purpose, containing the names
of all persons eligible to jury service living within the corporate
limits of the town of Reidsville ; and in such cases above mentioned
the jury shall be drawn as is prescribed in cases before justices
of the peace.
Sec. 20. When any defendant tried and convicted before said
court shall be sentenced to the public roads of Rockingham County,
the said board of commissioners of the coimty shall pay the town
of Reidsville, upon account being filed and verified by the clerk
1909 — Chaptek 10-i — 105. 125
of said court, the proper cost of such action to reimburse the
town of Reidsville for its expense in maintaining said court.
Sec. 21. All cases which have heretofore been bearable by the Cases ^transferred
Mayor of Reidsville, shall, after this act goes into effect, be tried court,
by the recorder appointed in this act, but no cases which are pend-
ii^g in the Superior Court of Rockingham County at the time this
act goes into effect shall be transferred to the recorder's court, but
the same shall be disposed of in that court.
Sec. 22. Immediately upon the ratification of this act the board ElecUon^o^f re-^^
of commissioners of the town of Reidsville shall meet and elect
a recorder to preside over said court and a clerk for said court
as provided in this act, both recorder and said clerk to hold Term,
their office until the first Tuesday in June, one thousand nine hun-
dred and nine.
Sec. 23. The person, if he be an attorney, appointed recorder Rf^corder may
by this act, and his successors in office, shall not be debarred by
reason of holding said office from practicing law in the courts of
North Carolina.
Sec. 24. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 2.5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 105.
AN ACT FIXING THE LIABILITY OF A BANK TO ITS
DEPOSITOR FOR PAYMENT OF FORGED OR RAISED
CHECKS.
The General Assembly of North Carolina do enact:
Section 1. That no bank, banking institution or trust company Bank not liable
doing business in this State shall be liable to a depositor for the "'^^^^^
payment by it of a forged or raised check or order to pay money,
unless within six months after the return to the depositor of the
voucher of such payment said depositor shall notify the bank
that the check so paid is forged or raised.
Sec 2. That all laws and clauses of laws in conflict with the
provisions of this act are hereby repealed.
Sec. 3. That this act shall be in force from and after its rati-
fication.
Ratified this the 11th day of February, A. D. 1909.
126
1009— Ciiai>tj.;k 1 00—107—108.
CHAPTER 106.
AN ACT TO AMEND SECTION .3072 OF THE REVISAL OF l!>0.j.
The General Assemhhi of North Carolina do enacf:
Office of standard SECTION 1. That section three thousand and seventy-two of the
Itevisal of one thousand nine hundred and five be amended by in-
serting in the hist line of said section, and after the word "Yancey."
"Ashe County."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1909.
Costs not allowed
justices.
CHAPTER 107.
AN ACT TO AMEND SECTION 1283 OF THE REVISAL OF
1905, RELATING TO THE FEES OF JUSTICES OF THE
PEACE WHEN NOT A TRUE BILL IS FOUND. IN BRUNS-
WICK AND CATAWBA COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand two hundred and eighty-
three of the Revlsal of one thousand nine hundred and five be
amended by adding after the words "justices of the peace," in
line twenty-three, the words "when not a true bill is found."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February, A. D. 1909.
Unlawful to take
fish except with
hook and line.
Open season for
brook or rain-
bow trout.
CHAPTER 108.
AN ACT TO REGULATE FISHING IN WATAUGA COUNTY.
The General Assehihly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to take
from any river or other water course in the county of Watauga
any fish of any kind whatever, by means of trap, seine, net or
any device whatever except hook and line.
Sec 2. That it shall be unlawful to catch any brook or rain-
bow trout in any of the streams of Watauga County except during
the months of May, June and July, and these months shall con-
stitute the open season.
1909— Chaptek 108—109—110. 127
Sec. o. That auy person violating any of the provisions of this Misdemeanor.
act shall be guilty of a misdemeanor, and upon conviction shall Punishment.
be fined not less than ten dollars nor more than fifty dollars and
be imprisoned not exceeding thirty days, in the discretion of the
court.
Sec. 4. That this act shall be in force from and after its ratitica-
tiou.
liatitied this the 11th day of February, A. D. 1!>00.
CHAPTER 109.
AX ACT TO AMEND SECTION 2T9S OF THE RE VI SAL OF
1003, RELATIVE TO PAY OF JURORS IN GASTON COUNTY.
The General Assembly of North Carolina do enact:
SECTioif 1. That section two thousand seven hundred and ninety-
eight of the Revisal of one thousand nine hundred and five be
and the same is hereby amended by adding a new clause, as fol-
lows : "The regular jurors for Gaston County and such veniremen Regular jurors
as shall be taken in the trial of capital cases shall be paid the ^g'j^^P®^'^^ ''^"'^^"
sum of two dollars per day and mileage, as now provided by
law ; and talesmen shall receive one dollar and fifty cents per Talesmen.
day, but no mileage, except when ordered to return another day."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of Februarv. A. D. 1000.
CHAPTER 110.
AN ACT TO AMEND SECTION 2716, REVISAL OF 100!5.
RELATIVE TO THE OATH OF ROAD OVERSEERS.
Tlie General Assembly of North Carolina do enact:
Section 1. That section two thousand seven hundrecl and sixteen
of the Revisal of one thousand nine hundred and five be and the
same is hereby amended by inserting in line eight in said section,
after the word ''Provided'' and before the word "the" in sand line,
the following: "In all cases the report provided for in this sec- statements to be
tion must state either that the overseer has worked the hands ^^'^'^ '" ''eport.
allotted to his section of road the full limit of time allowed by
law or that his section of road of which he is overseer is not in
128
1909— Chapter 110—111—112.
ueed of any further work at the time such oath is made and sub-
scribed to by the overseer."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February. A. D. 1900.
CHAPTER 111.
AN ACT TO PREVENT PUBLIC DRUNKENNESS IN MITCH-
ELL COUNTY.
Public drunken-
ness, boisterous
and disorderly
conduct for-
bidden.
Punishment.
Application of act
The General AsseinhJy of North Carolina do enact:
Section 1. That any person who shall be guilty of public drunk-
enness, boisterous and disorderly conduct on any public highway
or in any public place outside of an incorporated town shall,
upon conviction therefor, be fined not more than fifty dollars or
imprisoned not more than thirty days, at the discretion of the
court.
Sec. 2. That this act shall apply only to Mitchell County.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1009.
CHAPTER 112.
AN ACT TO SECURE THE FREE PASSAGE OF FISH IN
HIAWASSEE RIVER, IN CLAY COUNTY.
Free passage in
Mission Dam.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Clay County
are empowered, authorized and directed to establish and main-
tain a way for the free passage of fish in what is known as the
Mission Dam, in Hiawassee River, in said county.
Time for opening. Sec 2. That the time for opening up said dam shall be deter-
mined by said commissioners of said county.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February. A. D. 1009.
1909— Chaptee 113—114. 129
CHAPTER 113.
AN ACT TO AMEND CHAPTER 25. SECTION 1389. OF THE
EEVISAL OF 1905, IN REGARD TO FINANCE COMMITTEE.
The General Asscmhly of North Carolina do enact:
Sectioi^ 1. That chapter twenty-five, section one thousand three Election of
hundred and eighty-nine of the Revisal of one thousand nine niiuee^ ^°"^'
hundred and five, be and the same is hereby amended by striking
out the word "may," in line one of said section, and inserting
therefor the word "shall," and by inserting in line two of said
section, after the word "citizen," as follows : "Two members of Political affllia-
said finance committee to be chosen from same political party as '°"'
the board of county commissioners, and one member to be chosen
from some other political party."
Sec. 2. That this act shall apply only to the county of Pamlico.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February. A. D. 1909.
CHAPTER 114.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF ROBESON COUNTY TO ISSUE BONDS TO PAY THE
OUTSTANDING DEBT OF THE COUNTY.
Tlie General Assembly of North Carolina do enact:
Section 1. That for the purpose of pajang the outstanding and Bond issue au-
floating debt of the county of Robeson, which outstanding and "^ ^""^'^ '
floating debt was caused by the building, equipping and furnish-
ing a courthouse and jail for said county, all of which was a
public necessity, the board of commissioners of said county of
Robeson is hereby authorized and empowered to issue bonds of
said county to an amount not to exceed twenty-five thousand dol- Amount.
lars and to be in denominations of not less than one hundred nor Denominations.
more than five hundred dollars; and the said bonds shall be paya- Maturity.
ble to bearer not less than ten nor more than thirty years from
date of issue, the particular period to be fixed by the board of
commissioners at the time of the sale of said bonds. The said Bonds iiayable in
bonds shall be payable in gold or its equivalent, and shall have ^°^^-
coupons attached, representing the interest on said boMds, which
interest shall be payable semiannually, and the said bonds and
coupons shall be prepared under the direction and supervision
of the board of commissioners and shall bear interest at the rate interest.
of five per cent per annum.
Pub.— 9
130
1!)00— ClIAPTEIJ ll-t.
Authentication.
Registered bonds.
Tax lor interest
and sinking funi
Rate.
Bonds not to be
sold below par.
Sale of bonds
Specific appropri-
ation.
Separate ac-
counts.
Proviso: responsi-
bility of pur-
chaser.
Allowance to
treasurer.
Sec. 2. The said bonds, when issued, sliall be signed by the
chairman of the board of commissioners, countersigned by the
cleric of the said board and attested by the official seal of Robeson
County, and upon re<iuest of any holder or holders of said bonds
the clerk of the Board of Commissioners of Robeson County is
authorized and empowered to register said bonds and make the
same payable to the order of the registered holder only; and from
the date of the said registration, which shall be entered upon the
face of the said bonds, they shall cease to be payable to bearer.
Sec. 3. That for the purpose of paying the accrued interest on
said bonds and to provide a sinking fund for the payment of the
principal when due, the Board of Commissioners of Robeson
County shall levy and cause to be collected annually as other taxes
are levied and collected a tax upon all real and personal property,
rights and credits now or hereafter subject to taxation for general
purposes, not exceeding three cents on each one hundred dollars'
worth of property, and upon each taxable poll a tax not exceeding
nine cents.
Sec. 4. No bonds issued under the provisions of this act shall
be sold or disposed of otherwise for less than par and accrued
interest. Said boai'd of commissioners is hereby authorized to
sell or dispose of the said bonds either at public or private sale,
as to them may seem best, and in case they sell the same at public
sale they shall give notice thereof at the courthouse door of
Robeson County and in one or more newspapers for at least thirty
days.
Sec. 5. That the proceeds arising from the sale of the bonds
issued under the provisions of this act shall constitute a separate
and distinct fund, to be applied and appropriated to the payment
of the said outstanding indebtedness incurred for the necessary
expenses of the county prior to January first, one thousand nine
hundred and nine, and for making such additional repairs to the
jail and installing such additional fixtures and furniture in the
courthouse as the said board of commissioners shall find to be
a public necessity ; and the said board of commissioners shall cause
the treasurer to keep separate accounts of the said funds, so that
the condition of the same may at all times be shown: Provided,
hoicever, the purchaser or holder of any part of said bonds shall
not be required to see to the application of the proceeds of the
same.
Sec. 6. The treasurer of the county shall be allowed for dis-
bursing the proceeds arising from the sale of said bonds an amount
not to exceed a per cent to be fixed by the board of commissioners
of said county and by them allowed.
1909— CiiAPTEii 114. 131
Sec. 7. That it shall be lawful for any executor, admiuistrator, Trust funds may
, . i i, J. J. i. 1 • , • 1 1 be invested in
guardian, trustee or receiver to invest the trust tunds in lus hands bonds.
ui said bonds.
Sec. S. That the clerk of the board of commissioners of the said Record of bonds.
county shall provide a record in his ofiice in which shall be entered
and kept the names of every purchaser of said bonds and the
number and amount of the bonds purchased, and also a record of
the bonds redeemed, together with the date of their redemption ;
and bonds and coupons, when redeemed, shall be recorded as re-
deemed, and shall be destroyed by fire, in the presence of the board
of commissioners, and a record of such destruction shall be made
and dated.
Sec. 0. That the taxes levied hereunder shall be collected by the Collection of tax.
sheriff or other officer charged with the collection of other county
taxes, and they shall in respect thereto be liable, officially as well
as personally, to all the requirements of law now or hereafter
prescribed for the faithful collection and payment of other county
taxes, and the bonds given by said officer for the collection of
county taxes shall include the taxes levied hereunder.
Sec. 10. That in order to provide for the safe-keeping and in- Funding bonds
vestment of the funds arising from the taxes levied under this act ^^^^^"^^ "'^ •
over and above the amount necessary to pay the interest upon
said bonds, the Treasurer of Robeson County shall open upon
his books as county treasurer an account to be designated "fund-
ing bonds sinking fund." and all amounts received by said treas-
urer from the taxes levied hereunder which may not be necessary
for the payment of the accrued and accruing interest on said
bonds shall be credited to the said "funding bonds sinking fund"
account, and there kept separate and distinct from all other county
funds for the purpose of paying the principal of said bonds at
maturity ; and the said treasurer is hereby authorized and directed investments of
to invest any amounts which may belong to said "funding bonds ^i^^^i'^s fund,
sulking fund" from time to time in safe interest-bearing securities,
payable to said treasurer for the use and benetit of said sinking
fund : Provided, that no investment of said funds shall be made Proviso: county
until the security therefor is approved by the Board of Commis- approlf hwe^sV^°
sioners of Robeson Count.y; and the treasurer shall be liable on his,ments.
official bond for the faithful and honest performance of the duties
imposed upon him under the provisions of this act.
Sec. 11. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 11th day of February, A. D. 1009.
132
1909— Chapter 115—116.
CHAPTER 115.
AN ACT AUTHORIZING THE BOARD OF COMMISSIONERS
OF TRANSYLVANIA COUNTY TO LEVY A SPECIAL TAX.
Preamble.
Special tax au-
thorized.
Rate.
Years.
Levy and collec-
tion of tax.
Excess turned into
general fund.
Whereas the Board of Commissioners of Transylvania County
has made certain obligations on the part of the county for the
purpose of installing fireproof vaults in the office of the register
of deeds and in the office of the clerk of the Superior Court for
the protection of the records of said county, the balance of which
indebtedness aggregates about twenty-two hundred dollars : now,
therefore,
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Transylvania
County be and they are hereby authorized to levy a special tax of
five cents on each one hundred dollars' worth of real and personal
property and fifteen cents on each taxable poll in Transylvania
County, North Carolina, for the years one thousand nine hundred
and nine, one thousand nine hundred and ten, one thousand nine
hundred and eleven, for the purpose of paying the said obligation
above mentioned.
Sec. 2. That said special tax shall be levied, collected and dis-
bursed as other taxes are levied, collected and disbursed.
Sec. 3. Should there be any surplus remaining in the hands of
the county treasurer derived from said special tax, after the pay-
ment of the above-stated obligation, all such excess shall be turned
into the general county fund, the same to be used for the payment
of county contingent claims.
Sec. 4. That all laws in conflict with this act are hereby re-
pealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 116.
AN ACT CONCERNING THE ASSISTANTS AND EMPLOYEES
OF THE SUPREME COURT.
Preamble. Whereas certain employees and servants which have been al-
lowed for many years past to the Supreme Court were inadvei't-
ently omitted from the act of one thousand nine hundx-ed and
seven, and the acts of the General Assembly authorizing such em-
ployees were not brought forward in the Revisal of one thousand
nine hundred and five : therefore.
1909— Chaptek 116—117—118. 133
The General Assembly of North Carolina do enact:
Section 1. That the payments made to the several employees Payments ratified,
of the Supreme Court by the Keeper of the Capitol are hereby
ratified aud confirmed.
Sec. 2. That the said Keeper of the Capitol is hereby author- Servants to be
ized and empowered to keep upon his pay roll three servants or P*' °° ^^^ ™'^^'
employees of the Supreme Court, two of whom shall receive ten Rate of payment,
dollars aud fiftj^ cents each per week for their services and the
other four dollars and sixty-six cents per week for his services.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 117.
AN ACT TO APPOINT JUSTICES OF THE PEACE FOR
OCRACOKE TOWNSHIP, HYDE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That Thomas W. Howard, Benjamin G. O'Neal and Justices named.
C. M. Scarborough be and they are hereby appointed justices of
the peace for Ocracoke Township, in Hyde County, for a term of Term,
two years.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 118.
AN ACT TO AMEND CHAPTER 551, PUBLIC LAWS 1905, RE-
LATING TO FISHING IN GOODWIN'S MILL POND.
The General Assembly of North Carolina do enact:
Section 1. That chapter five hundred and fifty-one of the Public Shooting fish
Laws of one thousand nine hundred and five be and the same is forbidden.
herel)y amended by striking out section one of said chapter and
substituting therefor the following: "That it shall be unlawful to
shoot any fish in the waters of Goodwin's mill pond."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February, A. D. 1909.
134
1909 — Chaptek 119 — 120.
Name of railway
corrected.
CHAPTER 119.
AN ACT TO AxMEND CHAPTER 82 OF PUBLIC LAAVS OF EX-
TRA SESSION OF 1908, RELATING TO POUND OR DUTCH
NETS IN SCUPPERNONG RIVER.
The General •AsscmUij of North Carolina do cnart:
Section 1. That section one of chapter eighty-two of the Public
Laws of extra session of one thousand nine hundred and eight ho
and the same is hereby amended by strilving out the words "Nor-
folk and Western Railroad" and inserting in place thereof "Nor-
follv and Southern Railway."
Sec 2. That this act shall take effect from and after its ratiti-
cation.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 120.
AN ACT TO AMEND CHAPTER 180 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE POLICE COURTS OF PASQUO-
TANK COUNTY.
Additional juris-
diction.
Offenses declared
petty misde-
meanors.
Proviso: offenses
heretofore com-
mitted.
The General Assemhlij of North Carolina do enact:
Section 1. That section seven of chapter one hundred and
eighty of the Public Laws of one thousand nine hundred and seven
be and the same is hereby repealed and the following substituted
therefor: "Said court, in addition to the jurisdiction conferred
by sections four, five and six of this act, shall have exclusive origi-
nal jurisdiction to hear and determine all offenses of larceny, re-
ceiving stolen goods, knowing them to have been stolen, where the
value of said article or articles shall not exceed twenty dollars,
and which are committed anywhere in Pasquotank County, and
all manner and kinds of false pretenses and frauds, not including
forgery, where the value of the property so obtained shall not
exceed twenty dollars, and which are committed anywhere in Pas-
quotank County, and said offenses of larceny, receiving stolen
goods, knowing them to have been stolen, and false pretenses and
frauds, as herein stated, are hereby declared by this act to be
petty misdemeanors" : Provided, that this act shall apply to all
offenses denominated herein which have been committed prior to
the passage of this act and not heretofore disposed of.
Sec. 2. This act shall be in force and effect from and after its
ratification.
Ratified this the 11th day of February, A. D. 1909.
1909— Chaptee 121—122. 135
CHAPTER 121.
AX ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF Mcdowell county to issue bonds to pay in-
debtedness.
The General Asxembly of Nortli Carolina do cnaet:
Section 1. Tbat in order to pay the present outstanding in- Purpose of issue.
debtednes.s of McDowell County and to provide for the deficiency
of the tax levy for the present year to meet the expenses to be
drawn from tbe general fund for necessary expenses, the Board Bond issue au-
of Conuuissioners for McDowell County are hereby authorized t'lorized.
and empowered to issue bonds in a sum not to exceed fifteen thou-
sand dollars, to bear interest at not exceeding six per centum per interest,
annum and to run for not exceeding ten years. Maturity.
Sec 2. That such bonds shall be sold to the highest bidder, Sale of bonds.
after due advertisement, for cash: Provided, that they shall not Proviso: not to be
be sold for less than their par value; and Provided, that said p° ovi'sfj^^ej^c-'
board of commissioners shall have the right to reject any and all t'*''^ °^ t)ids.
bids, if in their judgment the full value of said bonds should not
be bid therefor.
Sec. 3. That the Board of Commissioners for ^McDowell County Tax for interest.
shall levy a tax annually sufficient to pay the interest on said
bonds, not to exceed in any one year ten cents on the one hundred
dollars' worth of property, and a like corresponding amount on
each poll, observing always the proper equation between the
amount of tax on property and polls.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the lUh day of February, A. D. TOO!*.
CHAPTER 122.
AN ACT FOR THE RELIEF OF W. G. LONG. T. .7. GORDON
AND JERRY C. LANEY. COMMISSIONERS OF T^NTON
COUNTY.
Whereas it is represented that in UJiiou County, during the yeai- Preamble.
one thousand nine hundred and eight, a large number of public
bridges throughout about all of the townships of said county were
by unprecedented floods greatly injured or entirely destroyerl ; and
whereas it is represented that the said commissioners, believing
that they would bo entitled to pay for such services and that they
could save the said county much money, did, by or through the
various members of said board, examine each and all of said
136
1909— CiiAPTEK 122—123.
bridges or bridge sites ; and wlierens it is represented that, owing
to local conditions, they found tliat in many instances bidders
would not repair or rebuild the necessary bridges for a fair com-
pensation ; and whereas it is represented that the said commis-
sioners thereupon themselves, by one or more of their board, super-
intended the rebuilding or repair of such of said bridges as they
found could not profitably be rebuilt or repaired by letting same
out to bidders, as provided by law ; and whereas it is represented
that by said action the said board of commissioners saved to the
said county much more than the compensation for such services
hereinafter allowed them : now, therefore,
Allowance to
county commis-
sioners.
Proviso: limit.
The General Assembly of North Carolina do enact:
Section 1. That the treasurer of the county of Union pay to
each, W. G. Long, T. J. Gordon and Jerry C. Laney, upon his filing
with the clerk of said board an itemized and verified statement
of the days of such service and his mileage, for his services in
examining and superintending the repairing or rebuilding of
bridges destroyed or injured by floods in said county -during the
year one thousand nine hundred and eight, the sum of two dollars
per day and mileage in going to and from the sites of said
bridges: Provided, however, that no such commissioner shall be
allowed to prove or be paid for exceeding fifteen days' services
and mileage for the entire year of one thousand nine hundred and
eight.
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 123.
AN ACT TO APPOINT A FINANCE COMMITTEE FOR ASHE
COUNTY.
Committee
named.
Term.
Duty of com-
mittee.
Public advertise-
ment.
The General Assemhly of Noi-th Carolina do enact:
Section 1. That A. R. Vail, R. A. Hamilton and William Bled-
soe be and they are hereby appointed a committee of finance for
the county of Ashe, and shall be known as the "finance commit-
tee," and they shall hold their office for two years from qualifica-
tion.
Sec. 2. That it shall be the duty of said committee to inquire
into, investigate and report, by public advertisement in The Jef-
ferson Recorder, a newspaper published in Ashe County, and also
at the courthouse door, a detailed and itemized account of the
condition of the county finances, together with any other informa-
tion appertaining to the road-tax funds of any township in said
1909— Chapter 123—124. ' 137
county, and examiue iuto any settlement of any county official, as
well as the books and accounts kept by any county official or that
have been kept by any officials, together with all powers not in-
consistent with this act which are provided for in sections one
thousand three hundred and eighty-nine and one thousand three
hundred and ninety-one of the Revisal of one thousand nine hun-
dred and five, and shall have the power to pursue the investigation Extent of investi-
back as far as December first, one thousand eight hundred and nation,
ninety-two, and further, if necessary ; and shall have power to clerk.
employ a clerk and fix his salary, not to exceed two dollars per
day ; and shall also have authority to employ counsel, and also Counsel.
to report any property not listed for taxation.
Sec. 3. That the members of said committee shall meet at Jef- Meeting for
ferson the first Monday in April, one thousand nine hundred and organization,
nine, and organize by electing one of their members chairman
and appointing a clerk, and before entering upon the discharge
of their duties shall take and subscribe au oath, as follows : "I, Oath of office.
A. B., do solemnly swear or affirm that I will diligently inquire
into all matters relating to the receipts and disbursements of
county and township funds, and a true report make : so help me,
God."
Sec. 4. That the members of said committee shall receive two Pay of com-
dollars per day for their services for the time actually engaged in m'ssioners.
the performance of the duties imposed, and shall meet at such Meetings,
time and places as they maj' deem necessary, but shall not receive
pay for more than thirty days in any one year.
Sec 5. That all provisions of sections one thousand three hun- Sections of re-
dred and eighty-nine, one thousand three hundred and ninety, one ^'^^^ *° apply,
thousand three hundred and ninetj'-one, one thousand three hun-
dred and ninety-two and one thousand three hundred and ninety-
three of the Revisal of one thousand nine hundred and five shall
apply to this act, which are not inconsistent with this act.
Sec. C. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February, A. D. 1909.
CHAPTER 124.
AN ACT TO REGULATE FISHING IN PARTS OF BLACK
RIVER, SIX RUNS, BIG COHARIE, LITTLE COHARIE AND
BEAR SKIN RIVERS. IN SAMPSON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons pisliing with con-
to fish in that part of Black River from the Cape Fear River to trivances pb-
., , *- stmcting free pas-
the mouth of Great Coharie River, and that part of Six Runs sage of fish
River from its mouth to where it is crossed by the Atlantic Coast ^°^^''^*^^'^-
138
1909— Chapter 121—125—126.
Line Railroad, and in any of tlie waters of Big Coliarie, Litth'
Coharie, Bear Skin or tlieir tributaries, witli any wire trap, ])od
net or pound net or any contrivance wliatever that will obstruct
the free passage of fish in said waters.
Misdemeanor. Sec. 2. Any person or persons violating the provisions of this
Punishment. act shall be guilty of a misdemeanor and be fined not more than
fifty dollars nor less than twenty-five dollars, or imprisonment not
more than thirtj' days, one-half of said fine to go to the person or
persons reporting said offenses.
Sec. 3. All laws or clauses of laws in confiiet with this act shall
be and the same are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February, A. D. IflOO.
CHAPTER 125.
AN ACT TO REPEAL SECTION 347S, CHAPTER 81 OF THE
REVISAL OF 1905, RELATIVE TO SHOOTING WILD FOWL
IN PAMLICO SOUND, HYDE COUNTY.
Shooting from
batteries.
The Oeneral Assemhli/ of North Carolina do enact:
Section 1. That section three thousand four hundred and
seventy-eight, chapter eighty-one, Revisal one thousand nine hun-
dred and five, relative to shooting wild fowl in Pamlico Sound,
Hyde County, be and the same is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 11th day of February, A. D. 1900.
CHAPTER 126.
AN ACT FOR THE PROTECTION OF FOREST RANGES IN
THE COUNTY OF SWAIN.
Stock owned by
residents of other
states forbidden
to run in range.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any resident citizen of
another State to drive, cause or procure to be driven into the
county of Swain, in the State of North Carolina, any horse or
horses, mule or mules, hog or hogs, cattle or sheep, between the
first day of April and the last day of November, and suffer, allow
or permit them or any of them to run at large in any forest range
in the county aforesaid ; and any and all persons either directly
1909— Chapter 126—127. 139
or iudirectly violatiug this act shall be guilty of a misdemeauor .Misilenit-aiior
aud fined or imprisoued, or both, in the discretion of the court, and Punishment.
shall in addition thereto forfeit and pay five dollars for each head Forfeit.
so permitted to run at large to any one who may sue for the same,
or proceed by attachment in case the offender or offenders, is not
to be found, one half to the party suing for the same, the other
half to the school fund of the county of Swain : Promded, this act Proviso: o\\ner.s
shall not apply to any nonresident citizen who at the time owns excepted" ^^"''''
in the county in which he permits any such stock to range any
laud or lands situated in said forest range which can be located,
or who owns a lease for one year or more in any such land, unless
such nonresident shall bring, permit or cause to be brought into
the range of said county as aforesaid more than ten head of any
of said stock for every two hundred acres of land owned by him
in the manner aforesaid in said county.
Sec. 2. That in any trial upon an indictment for the violation Burden of proof
of the foregoing section, or in a civil action for the penalty or pen-
alties therein mentioned, the person or persons in possession or
charge of any of said stock as therein mentioned shall be pre-
sumed to be the owner thereof, and shall be presumed to have
brought said beast or beasts in and placed them on said range or
in said forest range, and the burden shall be on him or them to
disprove this fact.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 11th day of February, A. D. 1900.
CHAPTER 127.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF PER-
QUIMANS COUNTY TO ISSUE BONDS AND TO LEVY A
SPECIAL TAX FOR THE PURPOSE OF LIQUIDATING THE
INDEBTEDNESS CONTRACTED IN BUILDING A NEW JAIL
AND TO BE CONTRACTED IN INSTALLING IN SAID JAIL
SEWERAGE ACCOMMODATIONS.
Whereas the Board of Commissioners of I'er(jnimans County, in prpanil)le.
response to a real and apparent necessity, have recently builded
in said county a new jail ; and whereas, in order to equip said i>reamhle.
jail as originally designed and in accordance with said county's
need, it is still necessary to install in said jail sewerage accom-
modations; and whereas the aggregate cost of building said jail Preami)le.
complete, including as well the expense of installing said sewer-
age accommodations as the expense heretofore incurred in the
construction of said jail, will approximate the sum of five thousand
dollars (.$5,000) ; and whereas the indebtedness of said county Preamble
140
1909— Chaptek 127,
Preamble
lieretofore contracted in building said new jail will become due
and payable in the month of May, one thousand nine hundred and
nine, and said county is without the means of settling such in-
debtedness, and the ordinary purposes of said county's govern-
ment annually require a levy of tax upon both property and polls
to the full constitutional limit ; and whereas, therefore, it is mu-
tually desired by said board of commissioners and the people of
said county to fund and liquidate the entire indebtedness con-
tracted and to be contracted by said county in the building of said
new jail complete, in the manner hereinbelow provided : now,
therefore,
Bond issue au-
thorized.
Amount.
Application of
proceeds.
Proviso: appli-
cation of surplus.
Denominations.
Date.
Maturity.
Interest.
Proviso: interest
not allowed after
maturity.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Perquimau.s
County are hereby authorized and empowered to issue bonds, with
or without coupons attached, according to the pleasure of said
board, not to exceed in amount the sum of five thousand dollars
($5,000), the proceeds whereof shall be applied and expended in
liquidating the indebtedness heretofore contracted by said county
in building a new jail and to be hereafter contracted in installing
in said new jail sewerage accommodations, and to no other pur-
pose whatever: Provided, that if, after the full liquidation of
said indebtedness contracted and to be contracted by said county,
as aforesaid, there shall remain of the proceeds of said bonds a
surplus, such surplus shall be applied in the payment of said bonds
or the interest on said bonds, as either shall become due and
payable : Provided further, that the purchaser of said bonds or
any of said bonds shall not be required to see to the application
of the purchase money.
Sec. 2. That said bonds shall be issued in denominations of not
less than one hundred dollars nor more than one thousand dollars,
dated May first, one thousand nine hundred and nine, numbered
serially, and payable to bearer at the Hertford Banking Company,
in order of their numeration ; that the principal of said bonds
shall become due and payable, in five equal annual installments,
on the first day of May of each year succeeding the issuance of
said bonds, until the entire issue of said bonds shall be paid ;
that said bonds shall bear interest from date at a rate not ex-
ceeding six per centum per annum, payable annually upon the
first day of May of each year, as aforesaid, upon all such bonds
as shall remain at that said date unpaid : Provided, that if the
holder of any of such bonds or coupons, if coupons shall be at-
tached to said bonds, shall fail to properly present the same or
either of same for payment according to the provisions of this
act, such holder shall not be entitled to interest upon such bonds
or coupons not presented for the time the same shall remain out-
standing after maturity.
1909— Cpiapter 127. 141
Sec. 3. That in order to declare its purpose and autliority eacli Designation of
of the bonds authorized by this act to be issued shall bear upon
its face the words "Jail Bond" and a reference to this act, by title
and the date of its ratification; that said bonds shall be signed Auiiientication.
by the chairman of the board of commissioners of said Perqui-
mans County and countersigned by the clerk of said board, and
shall bear the seal of said county; and the coupons attached to
said bonds, if any coupons shall be attached, shall bear the number
of the bond to which it shall be attached and shall be signed in
like manner as said bond.
Sec. 4. That the resolution of said Board of Commissioners of Resolution con-
„ , . . ,, „ , -, -J.- ^ cerning bond
Perquimans County determining the form and denominations of issue.
said bonds and finally authorizing their issue may be introduced
and passed at the same meeting of said board, which meeting may
be either a regular or a special meeting, by a majority vote of all
the commissioners present at said meeting, and no other authority
or further proceeding shall be necessary for the issuance of said
bonds.
Sec. 5. That the bonds authorized by this act to be issued shall Sale of bonds not
in no event be sold for less than their par value, and said bonds ^ °^^ ^^^'
shall be delivered to the purchaser thereof by the chairman of
the board of commissioners of said Perquimans County only upon
his (said purchaser's) production of the receipt of the treas-
urer of said county showing the full payment of the purchase
money of said bonds into the hands of said treasurer.
Sec. 6. That the treasurer of said Perquimans County shall re- Treasurer to re-
ceive all such moneys paid in the purchase of said bonds in jjjg cei\ e moneys,
oflicial capacity as treasurer of said county, and he and the sure- Liability on bond,
ties on his oflicial bond shall be liable to account for and pay over
the same as is provided in this act or as may be otherwise pro-
vided by the laws relating to the treasurer of said county ; and it
shall be the duty of the board of commissioners of said county to Duty pf county
see that the bond of said treasurer shall at all times be sufficient ''°™
in amount and with sureties satisfactory and requisite to provide
against any loss of the moneys coming into said treasurer's hands
upon a sale of said bonds, and to that end the said board may re-
quire the said ti-easurer to renew his official bond in such sum
and with such sureties as said bond may require, and in default
thereof may remove said treasurer from his ofiice.
Sec. 7. That the Treasurer of Perquimans County shall keep Funds to be kept
separate from all other public moneys coming into his hands the^^^'^'^^ ^"
moneys arising from the sale of said bonds, and the compensation Compensation of
^ . , . ^ . . ■■■■., . .J , ,. 1, treasurer.
of said treasurer for receiving and disbursing said moneys shall be
fixed by the board of commissioners of said county and shall not
exceed one-half of one per centum of said mqneys.
Sec. 8. That in order to pay the annual interest upon said bonds Special tax.
and to provide for the redemption of said bonds themselves, as
142
1900— CiiAPTEK 127—128.
Rate.
Collection and
payment of tax.
Specific appropri-
ation.
each iustallineiit shall mature, the Board of Commissioners of Per-
quimans County shall annually levy a special tax, not exceeding
ten (10) cents on every one hundred dollars' ($100) valuation of
taxable property in said county ; that said special tax shall be col-
lected and paid over in like manner as the other taxes of said
county are collected and paid over, and under the same penalties ;
and the moneys arising and received from the special tax levied
under this act shall be appropriated for the purposes of paying said
l)onds and interest on same, and for no other purpose whatsoever :
Surplus to general Provided, that if after the full payment of all said bonds and inter-
*""'^' est there shall remain in the treasury of said county a surplus of
the fund authorized and created by this act, such surplus may be
transferred by order of said board of commissioners to the general
fund of said county.
Sec. 9. This act shall be in force from and after its ratitication.
Ratified this the 12th day of February, A. D. 1909.
CHAPTER 128.
AN ACT TO PROHIBIT SEINING IN TRANSYLVANIA
COUNTY.
Seinhig or trap-
ping fish for-
bidden.
Close season.
Proviso: traps
may be used if
one-lialf of stream
left open
Misdemeanor.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to seine or trap for fish in any manner whatever in any of the
water courses of Transylvania County between the first day of
March and the first day of November of each year : Provided, this
act shall not prevent the trapping for fish at all seasons of the
year, provided one-half of the stream is left open for free passage
of fish.
Sec. 2. Any person or persons violating this act shall be guilty
of a misdemeanor and shall upon conviction therefor be fined or
imprisoned in the discretion of the court, not less than five dollars
in each and every case, in the discretion of the court.
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 ratifica-
tion.
Ratified this tlie 12th day of February, A. D. 1909.
1909— Chapter 129—130. 143
CHAPTER 129.
AX ACT TO AUTHORIZE THE COMMISSIONERS OF ANSON
COUNTY TO LEVY A SPECIAL TAX.
'J'tie General Assembly of North Carolina do enact:
Skction 1. That the Board of Comuiissiouers of Anson County Special tax au-
lie and they are hereby authorized and empo\Yered to levy a speoial
tax for the years one thousand nine hundred and nine and one Years,
thousand nine hundred and ten, at the same time and in the same
maimer with the levies of other county taxes in said years on all
taxable property and polls in said county. The special tax in Rate,
each of said years is not to exceed twenty cents on the one hundred
dollars' valuation of property and sixty cents on each taxable
poll, and in making the levy the commissioners shall observe the
constitutional equation between the property tax and the poll tax.
Said tax is to meet the ordinary expenses of said county, and Purpose of tax.
shall be collected and accounted for by the sheriff or other tax
collector of said county in the same manner and under the same
penalties and within the same time as other taxes levied for said
county.
Sec. 2. That the board of commissioners of said county may. Tax may be used
if they deem it proper and necessary, use any part of the taxes ^"(dgts ^
collected under this act in building and repairing the public roads
and bridges of said county in such manner and to such extent as
they deem advisable.
Sec. 3. That this act shall be in force and effect from and after
its ratification.
Ratified this the 32th day of February, A. D. lOOf).
CHAPTER 130.
AN ACT FOR THE RELIEF OF .7. II. .TOHNSOX, EX-SIIERIFF
OF WILKES COUNTY.
The General Assembli/ of North Carolina do enact:
Section 1. That J. II. Johnson, ex-Sheriff of Wilkes County, is Collection of taxes
hereby authoriiced and empowered to collect the amount of taxes authorized.
for the years one thousand nine hundred and five and one thou-
sand nine hundred and six under such rules and regulations as
are or may be prescribed by law for the collection of taxes.
Sec. 2. That the authority given under this act shall cease on .\utliority to
January first, one thousand nine hundred and ten. cease.
Sec 3. That this act shall be in force from and after Its ratifica-
tion.
Ratified this the 12th day of February, A. D. 1000.
144
1909— Chapter 131—132.
CHAPTER 131.
AN ACT FOR THE RELIEF OF THE CLERK OF THE SU-
PERIOR COURT OF MONTGOMERY COUNTY.
The General Assembly of A^orth Carolina do enact:
Leave of absence. SECTION 1. That Charles A. Armstrong. Clerk of the Superior
Court of Montgomery County, be anrl he is hereby allowed t<t
absent himself from his office on any Monday except the first Mon-
day in each month by providing a competent deputy to keep his
said oflBce open and to transact the ministerial business thereof.
Sec. 2.' That this act shall be in force from and after its pas-
sage.
Ratified this the 12th day of February. A. D. 1009.
CHAPTER 132.
AN ACT TO PREVENT STOCK FROM RUNNING AT LARGE
IN ASHE COUNTY.
Unlawful for stock
to run at large.
Stock impounded.
Notice of im-
poundment.
Advertisement for
sale of stock.
Proviso: owner of
stock may re-
claim.
Proceeds of sale.
The General Assembly of 'North Carolina do enact:
Section 1. That it shall be unlawful for any horse, mule. jack,
jennet, cattle, sheep, hog. goat or other live stock to run at large
in Ashe County.
Sec. 2. That any person may take up any live stock mentioned
in the foregoing section, and turkeys and geese, when damaging or
injuring the crops or property of another, running at large in said
county, impound the same, and shall immediately notify the owner,
if known, and if not known, after three days' notice, the nearest
justice of the peace for his township, describing the animal or
animals so impounded, which said justice shall immediately ad-
vertise the same by posting a notice describing same in three pub-
lic places in said township for a period of five days, appointing
a time and place of sale, which time shall be between the hours
of ten A. M. and four P. M., and at said time and place sell said
impounded stock at public sale to the highest bidder for cash r
Provided, hotcever, that the owner may at any time before sale re-
claim the same by paying the fees, costs and expenses hereinafter
provided for impounding same.
Sec. 3. That the proceeds of any sale made under the provisions
of this act shall be applied as follows : to cost of impounding,
advertising, feeding and selling, and the remainder to be paid to
the owner, if known, and if not known and no one proves his claim
to the same within twelve months from date of sale, then such
remainder shall be paid into the general school fund of said county
by said justice.
1909— Chapter 132. 145
Sec. 4. The following costs and fees shall be allowed for im- Costs and fees for
pounding stock : for horses, twenty-five cents per head for im- '™P°"" '"^ ® °^
pounding and twenty-five cents per head per day for feeding same ;
for cattle, twenty-five cents, where single head is impounded and
fifty cents where more than one head is impounded, and twenty
cents per head per day for feeding same ; for sheep, hogs, goats
and all other animals mentioned in section one of this act, ten
Gents, where single head is impounded and twenty-five cents where
more than one is impounded, and five cents per day for feeding
same ; and the justice of the peace shall be entitled to the follow-
ing fees : ten cents for each notice authorized by law, fifteen cents
for order of sale and twenty-five cents for making sale: Provided, advertising^'^ *°^
that where several animals are sold and advertised in one lot
belonging to the same person these fees shall be for the entire lot,
and said fees shall be paid by the owner of said impounded stock
before same is delivered to him, and if said owner refuses to pay
said fees the said impounded stock shall be sold as provided for in
section two of this act and proceeds of sale applied as therein
provided.
Sec. 5. That if any person in said county shall allow his or her
stock mentioned in section one or two of this act to damage or in
any way injure the growing crop or other property of another,
the owner of said stock shall be liable in damages to the owner Owner liable in
of said property so injured or damaged, and the party whose ^^'"
property is so injured shall have a right to impound the stock
committing the damage or injury under the provisions of section
two of this act, and the amount of said damages shall be fixed
as follows : If the parties cannot agree, the party whose property Procedure to fix
has been damaged shall select one disinterested person and the '^"^^s^-
owner of the stock another disinterested person, and if they can-
not agree, then the two parties so selected shall choose a third,
and the agreement of any two of them shall determine the amount
of said damage, which, when so fixed, together with fees and costs
of impounding, shall constitute a lien upon said stock so im- Damage a lien on
pounded, and shall be paid by the owner of said stock before the ^^°^ ^'
same shall be delivered to him. and if said owner shall fail or re-
fuse to pay the same the said impounded stock shall be sold as
provided in section two of this act : Provided, however, that this Proviso: civil ac-
. , ,, ^ , , . ^ , . . . ., J.. ^ tion for damages,
act shall not preclude a party from brmging a civil action for
damages for such injury if he elects to do so.
Sec. 6. That any person impounding stock under the provisions stock to be fed
of this act shall feed, water and properly care for same during
the time they are so impounded, and if any i)erson having stock
impounded shall willfully allow the same to continue without
necessary food and water for twelve successive hours, or if any Taking stock from
person shall take the same from the possession of the party who '™p°""^ •
has impounded same, forcibly or otherwise, without paying fees
Pub.— 10
146 1909— Chapter 132—133.
Misdemeanor — and cost of damages provided for iu this act, be shall be guilty
punishment. of a misdemeanor and punished as provided for iu section eight
of this act.
Pulling down Sec. 7. That any person who shall willfully pull down any
meano^r.™^^ ^' fence enclosing any field or pasture, whereby any person's stock
Punishment. may be turned at large, shall be guilty of a misdemeanor and
punished as provided in section eight of this act.
Permitting stock Sec. 8. That any person violating the provisions of section one
mis™eVe*anJn^ ^ 0* this act by willfully and knowingly allowing his or her stock
mentioned in said section one to run at large in said county shall
Punishment. be guilty of a misdemeanor and shall be fined not more than fifty
dollars or imprisoned not more than thirty days, at the discretion
Proviso: turkeys of the court : Provided, hoiceuer. that this section shall not applv
running at large. . . ^ . , ■,
to turkeys runnmg at large.
Former stock laws Sec. 9. That all former stock laws ratified for Ashe County are
repea e . hereby repealed, and this act shall be in force from and after its
ratification.
Ratified this the 12th day of Februarv. A. D. 1909.
CHAPTER 133.
AX ACT TO LEVY A TAX TO MAIXTAIX CERTAIX
BRIDGES IX HYDE COUXTY.
The General AssemMi/ of North Carolina do enact:
Bridges to be kept SECTION 1. That all bridges over any ditch on or across the pub-
county!"^® °^ Jic highway in Lake Landing Township, Hyde County, North Caro-
lina, ten feet or more in width, shall be kept at the expense of the
county and paid for out of the general fund of the county on the
order of the board of county commissioners.
Bridges to be built Sec. 2. That all bridges over any ditch across the public high-
and repaired by . ^ x =
township. way in Lake Landing Township, Hyde County, North Carolina, of
less width than ten feet, shall be built, repaired and maintained
at the expense of said township.
Bridge tax. Sec. 3. That a tax of three and one-third cents on the one hun-
dred dollars valuation of real and personal property and ten cents
on each poll be levied annually when other taxes are levied by the
board of county commissioners upon the property and polls in said
Lake Landing Township, and collected as other taxes are collected
and paid over to the county treasurer, and to be a special fund for
the building, repairing and maintaining of said bridges in Lake
Landing Township.
Overseers to build Sec. 4. That the overseer iu each road district in said township
and repair bridges, gj^^^jj j^^^. j^ ^^^ repair the bridges in his road district and present
Accounts. his account for the same to the chairman of the road supervisors,
which said account shall be sworn to and subscribed by him be-
fore an officer with powers to administer oaths.
1909— Chaptee 133. 147
Sec. o. That the chairmau of the read supervisors shall draw Order for pay-
au order on the county treasurer for the amount of said bill, pro- '"'^'^^ °^ accounts.
vided he shall deem the same just and reasonable, payable to said
road overseer, which said order shall be approved and endorsed
by the chairman of the board of county commissioners and then
paid by the county treasurer out of the said township funds.
Sec. 6. That the county treasurer shall keep said township fund Fund to be kept
separate and apart from other public funds, and render annually on ^®p^^^ ^•
the first Monday in December to the board of road commissioners
a separate statement of account of his receipts and disbursements Separate ac-
of the same and file the proper vouchers for all disbursements. counts.
Sec. 7. That each and every road overseer who fails to keep the Failure to keep up
bridges in his road district in good condition shall be guilty of a meaner.^ ™'^ ^'
misdemeanor, and upon conviction of said neglect shall be fined Punishment.
five dollars for each case of neglect.
Sec. 8. That the county commissioners of Hyde County shall, Election to be
upon petition of one-third of the qualified voters in said Lake ordered.
Landing Township, call an election to be held in said township
within thirty days after the regular meeting at which said petition
may be considered, submitting to the voters of said township the
question of whether or not the said tax for said purpose shall be
levied. The election officers for said election shall be appointed Election officers
by the said board of county commissioners at the time the election
is ordered, and the election shall be held under the same rules Law governing
and regulations as are prescribed for holding the general elec- election.
tion, so far as they may be applicable to carry out the provi-
sions of this act. The returns from said election shall be deliv- Returns.
ered by the delegated returning ofiicer within two days after said
election in a sealed envelope to the Register of Deeds of Hyde
County, which shall be held by him until the first regular meeting
of the board of county commissioners, when the said returns shall
be canvassed and facts found and declared. Those electors favor- Ballots,
iug the tax shall vote on ballots, written or printed, or partly
written and partly printed, containing the words "For Bridge
Tax,"' and those opposed to said tax, upon ballots with the words
in like manner "Against Bridge Tax." The size of said ballots
shall be prescribed by the board of county commissioners. If it Effect of election.
be found as a fact that a majority of thp votes of said township
shall have been cast "For Bridge Tax," then the board shall so
declare, and shall levy the said tax prescribed in this act. If a
majority shall be cast "Against Brid,ge Tax." they shall so declare,
and the prescribed tax shall not be levied by said board, and this
entire act shall become inoperative and void.
Sec. 9. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec 10. That this act shall be in force on and after September
first, one thousand nine hundred and nine.
Ratified this the 12th day of February. A. D. 1909.
148
1909— Chapter 134—135.
CHAPTER 134,
AN ACT TO EXTEND THE TIME IN WHICH R. T. KERNO-
DLE, EX-SHERIFF OF ALAMANCE COUNTY, SHALL BE
AUTHORIZED TO COLLECT TAXES.
Collection au-
thorized.
Years.
Time for settle-
ment.
Persons ex-
empted.
The General Assembly of North Carolina do enact:
Section 1. That R. T. Kei-nodle, ex-Sheriff of Alamance County,
be authorized to collect the taxes borne on the tax list which
came to his hands as sheriff of said county for the years one thou-
sand nine hundred and five, one thousand nine hundred and six,
one thousand nine hundred and seven and one thousand nine hun-
dred and eight, until and up to the first day of June, one thousand
nine hundred and ten, and up to and until said date he is author-
ized to exercise the power given for the collection of taxes in
said county.
Sec. 2. That the time for said ex-sheriff to settle and pay over
the taxes shall not hereby be extended.
Sec. 3. That the time is' not by this act extended for the collec-
tion of taxes against persons who may be dead, nor minors, nor
against any one who shall show receipt or make afiidavit that the
taxes sought have theretofore been paid.
Sec. 4. That this act be in force from and after its ratification.
Ratified this the 12th day of February, A. D. 1909.
CHAPTER 135.
AN ACT AUTHORIZING A SPECIAL TAX IN SYLVA AND
WEBSTER TOWNSHIPS, JACKSON COUNTY, TO DEFRAY
THE EXPENSES OF CERTAIN SUITS.
Preamble.
Preamble.
Whereas certain coupon bonds purporting to be for the con-
struction of a railroad from the town of Sylva to the town of Web-
ster, in Jackson County, were illegally issued, about the year one
thousand eight hundred and ninety-one, upon said townships, and
for which said townships received no benefits ; and whereas it has
been necessary for the board of commissioners of said county, as
trustees for said townships, to defend several suits in the Supe-
rior Court of Jackson County and in the Supreme Court to estab-
lish the illegality of said bonds, and in which the said commis-
sioners incurred various items of expense and attorneys' fees, and
which said bonds were declared illegal and void by the Supreme
Court :
1909— Chapter 135—136. 149
The General Assemltly of North Carolina do enact:
Section 1. That the commissioners of Jackson County, to cover SpecM^tax au-
said expenses and fees, are hereby authorized to levy a special tax
of not exceeding ten cents upon the properties and not exceeding Rate,
thirty cents on the poll, observing the constitutional equation, in
said townships of Webster and Sylva, in said county of Jackson,
to be levied and collected in the same manner as the State and
county taxes.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 12th day of February, A. D. 1909.
CHAPTER 136.
AN ACT TO AMEND CHAPTER 697, PUBLIC LAWS OF 1907.
PROVIDING FOR THE IMPROVEMENT OF THE PUBLIC
ROADS OF MARION TOWNSHIP, IN THE COUNTY OF MC-
DOWELL.
The General Assembly of North CaroUtia do enact: _
Section 1. That section five (5) of chapter six hundred and Roads^commissioa
ninety-seven (697), Public Laws of one thousand nine hundred ship.
and seven, be amended by striking out, in line twenty thereof, after
the word "the" and before the word "may," the words "board of
commissioners," and inserting in lieu thereof the words "roads
commission for Marion Township."
Sec. 2. That section ten (10) of said chapter be stricken out Bond issue au-
tyhoTizsd
and the following substituted in lieu thereof: "That in order to
meet the present outstanding indebtedness of Marion Township
the roads commission for Marion Township is hereby authorized
and empowered to issue the bonds of said township in a sum not Amount
to exceed ten thousand dollars, to .run for not longer than ten Maturity.
years from the date of issue and to bear interest at not exceeding interest.
six per centum per annum, and that in order to pay the interest Tax for interest.
on said bonds an annual tax shall be levied in Marion Township
each year upon all taxable sulijects, observing the proper equation
between the property and the poll tax levy, in a sufficient sum to
provide for the payment of the interest on said bonds : Provided, proviso: interest
that whenever and so long as a road tax is levied in said town- a lien ou road tax.
ship the interest on said bonds shall be paid from the fund arising
from such tax, upon which said fund the owners of said bonds
shall have a first lien for the payment of the interest on said
bonds."
150
1909— Chapter 136.
Tax collected
within town of
Marion.
Convict work
within town.
Proviso: expense
borne by town.
Employment of
convict force.
Labor of persons
subject to road
duty.
Money collected in
lieu of road work.
Census of persons
subject to road
duty.
Apportionment to
roads.
Pay of justices
and overseers.
Sec. 3. That the following be atldea to said chapter, as herein
amendecl, and at the end thereof:
"(Sec. A.) That one-half of the tax collected npon property
within the corporation of the town of Marion shall be applied by
said roads commission or, with its approval, by the proper town
authorities upon the streets, sidewalks and highways of said town
of Marion, and the remaining one-half of such tax shall be used
outside of said town upon the highways of Marion Township by
said roads commission.
"(Sec. B.) That the convict forces may be worked within said
town of Marion upon its streets and highways whenever said
roads commission shall deem it advisable to so employ them :
Provided, that the total expenses of such work, together with the
keeping and maintaining of said convicts while so employed, shall
be borne by said town of Marion.
"(Sec. C.) That said convicts shall be employed by said roads
commission (except when inside of the corporation of Marion) in
grading or macadamizing, or both, upon the public roads, and
shall not be employed to repair the usual wear and tear of roads
caused by travel thereon.
"(Sec. D.) That the labor of all persons subject to work upon
the public roads in Marion Township shall be applied to the re-
pairing of the usual wear and tear of public roads by travel
thereon, together with the making of such minor changes in loca-
tion or grade of any public road as may be deemed advisable by
said roads commission.
"(Sec. E.) That all money collected by overseers of public roads
in Marion Township in lieu of work shall be paid over to the chair-
man of said roads commission or the supervisor of roads, to be
used under the direction of said roads commission.
"(Sec. F.) That on the first Saturday of April, one thousand
nine hundred and nine, and on the first Saturday of February of
each and every year thereafter, each and every justice of the
peace and each and every overseer of roads in Marion Township
shall meet at the courthouse not later than the hour of ten o'clock
A. M., and shall then and there make out a complete census or list
of the names of all persons liable to work upon the public roads
of the township outside of the town of Marion, and shall then re-
apportion to each section of each road and to each overseer of
each section a just pro rata of those liable to work, and shall then
and there certify under the hands of each justice of the peace
present at such meeting a list of the names of persons assigned to
each section of the road and to each overseer, to the supervisor
of roads for Marion Township, certifying also at the same time
the names of any justice of the peace or oA-erseer failing to so
attend such meeting, for which service each justice of the peace
and each overseer so attending shall be paid the sum of one dol-
lar."
1909— Chapter 136—137. 151
Sec. 4. That everv overseer of public roads in Marion Town- Pay to overseer
. , ,r ^ T n J! 1 • J! J.1 ^ warning hands.
ship shall be paid the sum of one dollar for each warning of the
hands assigned to him, when notified by the supervisor of roads
to so warn them: Provided, that he shall receive no compensation Provis9: no com-
for any warning where he fails to lawfully warn every man Pfi'\^fjj'^^\^^^^|^
assigned to him and every man who is by law subject to work
upon his section of the roads.
Sec. 5. That every person who violates any provision of this Misdemeanor.
act shall be guilty of a misdemeanor, and upon conviction shall Punishment.
be fined or imprisoned, or both, in the discretion of the court.
Sec G. That this act shall not apply to any county except Mc- Application of act
Dowel! nor to any township therein except Marion.
Sec. 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 12th day of February. A. D. 1909.
CHAPTER 137.
AX ACT FOR THE RELIEF OF MRS. EMMA ALICE HOW-
ARD. ADMINISTRATRIX AXD WIDOW OF EUGENE K.
HOWARD, DECEASED, LATE SHERIFF OF GRANVILI-E
COUNTY.
The General Assembly of Noi'th Carolina do enact:
SectiojV 1. That Mrs. Emma Alice Howard, widow and admiuis- Collection of ar-
tratrix of Eugene K. Howard, deceased, late Sheriff of Granville ^^"^^^ ^"
County, North Carolina, be and she is hereby authorized to collect
for the benefit of the estate of said deceased all arrears of taxes,
including poll taxes, taxes on property, county and State taxes,
and also all special and license taxes levied and imcollected in
said county for the years one thousand nine hundred and five. Years,
one thousand nine hundred and six and one thousand nine hundred
and seven, under such rules and regulations as are provided by
law for the collection of taxes and according to the provisions of
chapter seventy-two of the Revisal of one thousand nine hundred
and five.
Sec. 2. That for the purpose of collecting said taxes and carry- Appointment of
ing out the provisions of this act the said Mrs. Emma Alice How- ^s*^"^-
ard. administratrix of Eugene K. Howard, deceased, is hereby
authorized to constitute and appoint as her agent for said pur-
pose Ernest Brodie Howard, of Granville County, and the said
Ernest Brodie Howard, when so appointed, is hereby authorized
to collect said taxes for the benefit of said estate upon such terms
as may be agreed upon by said administratrix, in like manner as
sheriffs are authorized by law to collect taxes, and he is hereby
152
1909— Chaptee. 137—138—139.
vested with all the rights, remedies, power and authority for the
collection of said taxes as is conferred upon and vested in sheriffs
by law and under said chapter seventy-two of the Revisal of one
thousand nine hundred and five.
Sec. 3. That said act shall be in force from and after its ratifi-
cation.
Ratified this the 12th day of February, A. D. 1909.
CHAPTER 138.
AN ACT TO AMEND THE CHARTER OF THE TOWN OF
LITTLETON.
The General Assembly of North Carolina do enact:
Section 1. That the words "twenty-five cents," in line three of
subsection one of section twenty-nine, chapter one hundred and
seventy-one. Private Laws of one thousand eight hundred and
ninety-three, be stricken out and the words "seventy-five cents"
be inserted in lieu thereof.
Sec. 2. That 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 this the 12th day of February, A. D. 1909.
CHAPTER 139.
AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS
OF BEAUFORT COUNTY TO LEVY A SPECIAL TAX.
Special tax
authorized.
Rate.
Years.
Levy and collec-
tion.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Beaufort County
be and they are hereby authorized and empowered to levy a special
tax, not to exceed thirteen and one-third (13%) cents on the hun-
dred dollars valuation of real and personal property in said county
and forty (40) cents on each poll in said county, annually for two
(2) years, to-wit, the years one thousand nine hundred and nine
and one thousand nine hundred and ten, to be expended and ap-
plied to the payment of the indebtedness and current expenses of
said county.
Sec. 2. That said taxes shall be levied and collected as other
public taxes are levied and collected in said county.
Sec 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 12th day of February, A. D. 1909.
153
1909 — Chapter liO — 141.
CHAPTER 140.
AN ACT TO AUTHORIZE O. F. F. POOL, EX-SHERIFF OF
aIexIndeb county, to collect back taxes.
The General AssemWu of yorth Carolina do enact:
SECTION 1 That O. F. F. Pool, ex-Sberiffi of Alexander County, CoUect.onc.^
be 'ndhe is hereby autborized and empowered to collec al ar-
rears of axes due^im for tbe years of one thousand nme bun- years.
dred\nd five and one thousand nine hundred and six, m said .
ciunt; and shall have power to levy and distrain for the collec-
tion o^' the same in the same manner under the then existing laws
for tbe collection of taxes.
Sec. 2. That this act shall be in force from and attei its ratifi
cation. ^„„
Ratified this the 12th day of February, A. D. 1909.
CHAPTER 141.
VX ^CT TO AMEND CHAPTER 197 OF THE PUBLIC LAWS
OF 1905 FOR THE BETTER WORKING OF THE PUBLIC
ROADS OF CHATHAM COUNTY.
The General Assemhly of North Carolina do enact:
SECTION 1. That chapter one hundred and ^'^''^^-'%'^j\''''
Public Laws of North Carolina enacted at tbe session of one bou
sand nine hundred and five, entitled "An act to provide foi the
better working of tbe public roads of Chatham County," be and tbe
same irbieby amended by striking out all of section twenty-one
and insertTng L lieu thereof tbe following : '"Sec. 21. When m any Pet.uon for
?ownship in the county of Chatham, as now constituted or as may
hereafter be constituted, a petition signed by one-four b of the
nullifid voters of tbe township shall be presented to the board
of county commissioners of said county asking for an election to
^e Ld I such township ^^^^J^f^^::^^^^ e Cou.. co..is-
r::r:^i"=:rrr^;bSi"UicbLii beii^^^
hdd unde; tbe same rules and regulations as elections for mem-
be s of tbe General Assembly. The order for such election shal
state the amount of bonds proposed to be issued, which shal - Li.it on amount
exceed thirty thousand dollars for any township, the character of
si^cb bonds the rate of interest which they will bear and the
me the3 ire o run. Those voters who favor tbe issuance of BaUots.
bonds sblll vote a written or printed ticket containing the words
Tor Bonds,' and those opposing such issue of bonds shall vo e a
similar ticket containing the words 'Against Bonds. It shall be
154
1909— ClIAPTEK 141.
Canvass of returns
and declaration of
result.
Appointment of
road commis-
sioners.
Compensation.
Term of office.
Sale of bonds.
Application of
proceeds.
Exclusive control
of roads.
Superintendent
of roads.
Special tax for
interest and
sinking fund.
Township road
treasurer.
Bond of treasurer.
Orders for pay-
ment of money.
Compensation of
road treasurer.
Statements to be
published.
County road fund
of townships
levying tax.
Road commis-
sioners may
employ clerk.
the duty of the said county commissiouers to canvass the returns
of said election and declare the result ; and if a majority of the
qualified voters in such township shall vote 'For Bonds,' then it
shall be their duty to issue the said bonds and deliver them, as
they may be called for, to the road commissioners of said town-
ship. When any township has voted for a bond issue, as above
provided, the county commissioners shall appoint three freehold-
ers of such township as road commissioners of said township, who
shall serve without compensation, one for one year, one for two
years and one for three years and until their successors are ap-
pointed, the term of each of which successors shall be three years.
The said road commissioners are authorized and it shall be their
duty to sell the bonds received by them at not less than par and
at such times as they shall see fit, and apply the proceeds for the
permanent improvement of the public roads in their township.
Said township road commissioners shall have the exclusive con-
trol of the public roads of their township, with the right to change
and establish roads and cartways, and they may employ a super-
intendent (who may be one of their number) and fix his compensa-
tion, and also employ laborers, or let to contract, for the improve-
ment of the said roads, and have all the power and authority
over the roads of their township that are given in this act to the
county road commissioners. It shall be the duty of the said board
of county commissioners to levy annually a special tax in the
township voting for bonds to meet the interest on such bonds and
to provide a sinliing fund for the payment of the principal, the
said special tax to be collected as all other taxes are, to be kept
separate in the tax books-of the county and to be paid over, with-
out any commissions, to the treasurer of the township road com-
missioners, who are hereby authorized to appoint such treasurer,
who shall hold ofllce for a term of two years and until his suc-
cessor is appointed, and give a good and sufficient bond, to be ap-
proved by the said township road commissioners, and pay out any
moneys in his hands, only upon the order of the board of tOAvn-
ship road commissioners, and his compensation shall not exceed
one per cent ; and all funds from any source whatsoever for road
purposes in said township shall be paid over to the said treasurer.
The said treasurer shall publish in some newspaper published in
the county during the month of January an itemized statement of
his receipts and disbursements during the preceding year ending
the thirty-first of December. Whenever any township levies a spe-
cial tax, as herein provided, such township may be permitted to use
on its roads its part of the taxes paid by it for the county road
fund. The said township road commissioners are authorized to
employ a clerk for their board and fix his compensation."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 12tb day of February, A. D. 1909.
1909 — Chapter 1^2 — 143.
CHAPTER 142.
AX ICT TO PERMIT L. MIDDLETON, EX-SHERIFF OF DrP-
LIX COrXTY, TO COLLECT BACK TAXES.
The General AsscmWu of yorth Carolina do enact:
LLo. 1 That L. Middleton, ex-Sherif£ of Duplin County, be CoUea..^ o^^^
and he's hereby authorised and empowered to collect all the un-
:•! taxes in Duplin County which he ^^/^^ f^^^ --/-^jf t J .e.s.
collect for the years one thousand nine hundred and five to the
Shan ha%e all the power and aumority to collect the taxes ^o^-^the
Tears mentioned In section one of this act for Duplm County
Ihlc^ are no,v granted to sheriffs and tax collectors under the
pxistiu"- laws of Xorth Carolina.
S 3. That this act shall be in force from and after its ratifica-
^' Ratified this the 12th day of February, A. D. 1909.
CHAPTER 143.
AX ACT TO \MEXD CHAPTER 581, PUBLIC LAWS OF 1S99.
REL^TIXG TO THE ROAD LAW OF THE TOWXSHIPS OF
RIVER AXD JUDKIXS, IX WARREX COUXTY.
The General Assemmy of ^orth Carolina do enact:
SECTiox 1. That in this act, as applied to the townships of River Roaxlco--i---
nnd Judkins, in said county, Frederick Shearin, J. R. Pattei^on,
T n Kiuc' J R Boyd and J. H. Bobbitt, for River Township;
T. D. ivmg. J. ii. -DUiu ciiiiA x>\cr<r^^^ D A Fi'^hcl and Road commission:
V L \lston D. L. Ryder, Charles S. Riggan, D. A. i^i^uei au j^^ji-i^s township.
j' b' Harriss, for Judkins Township, shall be and the same are
hereby constituted a special road commission for their respec^ve
townships, which road commission, in carrymg ou ^^^^^^^'J^ ^^^^^^ ^.^,,3 ,,,
of this act, as applied to said townships, is hereby vested with DuUe^. r =
1 the duties, rights and powers (except that of levying taxes
otherwise in this act conferred upon the county commissioneis
?iie count commissioners, under this act. shall levy such and Road tax.
onlv such road tax for the above townships within the limits pre-
" Ld in section one as may be recommended by said to.-nshn
road commissioners, and all moneys arising therefrom shal be
k^t separate bv the county treasurer and shall be expended in
thabov named townships, respectively. Vacancies on said boards Vacancies.
156
1909— Chapter 143.
Pay of road com-
missioners.
Commutation for
road work.
Road supervisors.
County treasurer
to pay over
money.
Bond of township
treasurers.
Deposits of road
funds.
Voucliers.
Inspection of
books.
Compensation of
officers.
Purchase of
machinery.
Roads may be let
to contract.
When act
effective.
of road commissioners shall be filled by the board of county com-
missioners, upon the recommendation of the board of road com-
missioners, and its members shall be paid out of the township
road fund of the townships owing it, not exceeding one dollar per
day each, while actually engaged in the necessary work of the
commission, for not more than two days during any one month.
Such moneys as may be paid in lieu of labor in said townships may
be collected by the township supervisor or supervisors, as the road
commissioners may direct, and expended by order of the said
road commissioners for the improvement of the roads in their
respective townships.
Sec. 2. That said road commissioners may elect one or more
supervisors of their township, as may to them seem best, for the
building of the public roads in said townships.
Sec. 3. That the Treasurer of Warren County is hereby author-
ized and directed to turn over to the treasurer of the respective
townships all moneys that may come into his hands due to the
said townships, when requested by said township treasurers, and
their receipt shall be a lawful voucher for the county treasurer.
Sec. 4. That the said township treasurers shall give a bond, to
be approved by the board of road commissioners, in an amount
double the value of the tax levy for road purposes in his town-
ship.
Sec. 5. That all moneys coming into the hands of said town-
ship treasurer shall be immediately deposited in some bank selected
by himself, and no moneys paid out except upon vouchers approved
by the said road board.
Sec. 6. That the books of said treasurers shall be semiannually
inspected by at least three of said road commissioners of each
township.
Sec. 7. That said board may pay reasonable compensation for
the services of its officers.
Sec. 8. That in the event the people shall authorize the issuing
of bonds for road purposes in their respective townships, the said
road boards are hereby authorized to purchase such machinery
and other things necessary for the best building of the public roads,
or they may let the road building out by contract to some com-
petent road builder.
Sec. 9. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 10. This act shall be in force from and after the tenth
day of March, one thousand nine hundred and nine.
Ratified this the 12th day of February, A. D. 1909.
1909— Chapter 144—145. 157
CHAPTER 144.
AN ACT TO AMEND THE PUBLIC ROAD LAWS OF WARREN
COUNTY IN REGARD TO THE CONSTRUCTION, IMPROVE-
MENT AND MAINTENANCE OF THE PUBLIC ROADS OF
SAID COUNTY.
The General AssemMy of North Carolina do enact:
Section 1. That the special road commission provided for the Repair and con-
several townships of said county of Warren are hereby author- bridges!'^ ^
ized and empowered to keep in repair, construct, build and main-
tain the bridges in their respective townships, as well as to con-
struct, improve and maintain the public roads in their said town-
ships, out of the funds which may be levied and collected as pro-
vided by chapter five hundred and eighty-one, Public Laws of one
thousand eight hundred and ninety-nine ; and the county commis-
sioners of the said county of Warren or the general tax fund of
said county shall in no way be responsible for the construction,
improvement, maintenance, repairing or building of any roads or
bridges in those townships in said county of Warren which have
a special road commission therein.
Sec 2. That this act shall apply to the county of Warren, State
of North Carolina.
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 ratifica-
tion.
Ratified this the 13th day of February, A. D. 1909.
CHAPTER 145.
AN ACT TO CONSTRUCT A GRADED ROAD IN ASHE
COUNTY.
The General AssemMy of North Carolina do enact:
Section 1. That W. A. Severt, Nathan Sheets and John A. Commissioners
Miller be and are hereby appointed commissioners to lay out and ^^™^ ■
have constructed a public road from D. W. Adams' store, on top Route of road,
of the Blue Ridge, by way of the mouth of Obid's Creek, to
intersect with the Jefferson and Wilkesboro Road near J. W.
Faw's, on Beaver Ci'eek, North Carolina, in Ashe County.
Sec. 2. That said commissioners shall supervise the construction Duty and powers
of said road and shall be vested with the same powers as the °^ ^°"^'"'^^'°'^^'^^-
supervisors of the public roads in Ashe County, with the further
power to summon all hands subject to road duty within two miles
158
1909— Chaptee 145—146.
Proviso: limit of
road duty.
Pay of commis-
sioners.
Failure to dis-
charge road duty
a misdemeanor.
Punishment.
General road law
applicable.
Grade and
location.
of any poiut of said road iu the couutj' by the nearest way of
travel : Provided, however, that uot more thau ten days' work shall
be required of any hand during any one j'ear. That said com-
missioners shall receive one dollar per day for the time they are
actually employed iu the performance of the duties herein imposed,
over and above the ten days.
Sec. 3. That if any hand who comes under the provisions of this
act who has been duly warned shall fail and refuse to work said
road, as required by this act, he shall be guilty of a misdemeanor
and fined not less than one dollar nor more than ten dollars ;
and all moneys so collected by said supervisors shall be applied
to the construction of said road.
Sec. 4. That all provisions of the general road law of Ashe
County shall apply to this act that are not inconsistent with this
act.
Sec. 5. That said commissioners shall construct said road upon
a reasonable grade, utilizing as much of the Kelsey as to them
may seem practicable, and may emploj' the county surveyor to aid
them in the location of same.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 13th day of February, A. D. 1009.
CHAPTER 146.
AN ACT FOR THE RELIEF OF P. G. McNEEL AND AMBROSE
CLARK, EX-SHERIFFS OF ASHE COUNTY.
Collection of ar-
rears authorized.
Years.
Persons exempt
from payment.
The General AssemNy of North Carolina do enact:
Section 1. That P. G. McNeel and Thomas K. Miller and other
bondsmen of the said P. G. McNeel and Ambrose Clark, ex-
sheriffs of Ashe County, be and are hereby authorized and em-
powered to collect the arrearage of taxes due said ex-sheriffs
by the taxpayers in said county for the years as follows : due
P. G. McNeel for years one thousand eight hundred and ninety-
nine and one thousand nine hundred ; due Ambrose Clark for the
years one thousand nine hundred and one and one thousand nine
hundred and two, under the laws existing for said years, with
full power to levy and distrain for taxes under the law enforced
in said years.
Sec. 2. That no person shall be compelled to pay any tax under
the provisions of section one of this act who will make affidavit
before any oflicer authorized to administer oaths that the tax
attempted to be collected has been paid, nor shall any executor,
1909— Chapter 1^6—147—148. 159
admiuisti-ator or guardiau be compelled to pay any tax under
the provisions of this act after he shall have made a final settle-
ment: Provided, that this act shall not authorize the sale of any
land for taxes which has been conveyed to a purchaser for value
and without actual notice of the nonpayment of the taxes.
Sec. 3. That this act shall be in full force from and after its
ratification.
Ratified this the 13th day of February. A. D. 1000.
CHAPTER 147.
AX ACT TO AMEND SECTION 2040 OF THE REVISAL OF 1905,
MAKING TUGBOATS AND OTHER BOATS LIABLE FOR
SUPPLIES FURNISHED THEM IN THEIR HOME PORTS.
The General AssemliUj of JS^orth Carolina do enact:
Section- 1. That section two thousand and forty of the Revisal
of one thousand nine hundred and five be amended by inserting
after the word "tugboat," in line three of said section, the fol-
lowing : "and everv vessel and boat shall also be subject to a lien Debts for ma-
' tpriSjIs or suddIigs
for debts due for materials and supplies furnished to such vessel
or boat in her home port, said liens."
Sec. 2. That this act shall take effect from and after its ratifica-
tion.
Ratified this the 13th day of February. A. D. 1900.
CHAPTER 148.
AX ACT TO REPEAL CHAPTER 510 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE PUBLIC ROADS OF COLUM-
BUS COUNTY.
The General Assemhli/ of Xorth Carolina do enact:
Section 1. That chapter five hundred and forty of the Public Law repealed.
Laws of one thousand nine hundred and seven be and the same
is hereby repealed.
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 13th day of February. A. D. 1909.
160
1909— Chapter 149.
CHAPTER 149.
AN ACT TO REGULATE THE REGISTRATION AND SALE OF
CONCENTRATED COMMERCIAL FEEDING STUFFS.
Statements to be
affixed to
packages.
Staadard weight
of packages.
Determination of
constituents.
Concentrated
commercial feed-
ing stuffs defined.
Copy of statement
filed for registra-
tion.
Deposit of
samples.
Agents not re-
quired to file
statements.
TJie General AssembUj of North Carolina do enact:
Section 1. That every lot or parcel of concentrated commercial
feeding stuff sold, offered or exposed for sale within this State
shall have affixed thereto or printed thereon, in a conspicuous
place on the outside thereof, a legible and plainly printed state-
ment in the English language clearly and truly certifying the
weight of the package (Provided, that all concentrated commercial
feeding stuffs shall be in standard-weight bags or packages of
twenty-five, fifty^ seventy-five, one hundred, one hundred and
twenty-five, one hundred and fifty, one hundred and seventy-five,
and two hundred pounds) ; the name, brand or trade-mark under
which the article is sold ; the name and address of the manufac-
turer, jobber or importer ; the names of each and all ingredients
of which the article is composed ; a guarantee that the contents
are pure and unadulterated, and a statement of the maximum
percentage it contains of crude fiber, and the percentage of crude
fat, and the percentage of crude protein, and the percentage of
carbohydrates, allowing one per cent of nitrogen to equal six and
one-fourth per cent of protein, all four constituents to be deter-
mined by the methods in use at the time by the Association of
Official Agricultural Chemists of the United States.
Sec. 2. The term "concentrated commercial feeding stuffs" shall
be held to include all feeds used for live stock and poultry, ex-
cept hays, straws and corn stover, when the same are not mixed
with other materials, nor shall it apply to the whole seeds or
grains of cereals when not mixed with other materials.
Sec. 3. Each and every manufacturer, importer, jobber, agent
or seller, before selling, offering or exposing for sale in this
State any concentrated commercial feeding stuff, shall, for each
and every feeding stuff bearing a distinguishing name or trade-
mark, file for registration with the Commissioner of Agriculture
a copy of the statement required in section one of this act, and
accompany said statement, on request, by a sealed glass jar or
bottle containing at least one pound of such feeding stuff to be
sold, exposed or offered for sale, which sample shall correspond
within reasonable limits to the feeding stuff which it represents
in the percentages of crude protein, crude fat, crude fiber and
carbohydrates which it contains.
Sec. 4. Whenever a manufacturer, importer or jobber of any
concentrated commercial feeding stuff's shall have filed a state-
ment, as required by section three of this act, no agent or seller
of such manufacturer, importer or jobber shall be required to
file such statement. .
1909— CiiAPTEK 149. 161
Sec. o. The Commissioner of Agriculture shall haye the power Registration
to refuse the registration of any concentrated commercial feeding
stuff under a name which would be misleading as to the materials
of which it is composed, or when the names of each and all
ingredients of which it is composed are not stated, or where it
does not comply with the standards and rulings adopted by the"
Board of Agriculture. Should any concentrated commercial feed-
ing stuffs be registered and it is afterwards discovered that they
are in violation of any of the provisions of this act, the Com- Registration
missioner of Agriculture shall have the power to cancel such *^^'"^^ ^' •
registration.
Sec. 6. Each and every manufacturer, impofter, .iobber, agent inspection tax.
or seller of any concentrated commercial feeding stuff, as defined
in section two of this act, shall pay to the Commissioner of
Agriculture an inspection tax of twenty cents per ton for each
ton of such commercial feeding stuff sold, offered or exposed for
sale or distributed in this State, and shall affix to or accompany
each car shipped in bulk, and to each bag, barrel or other package
of such concentrated commercial feeding stuff, a tag or stamp
to be furnished by the Commissioner of Agriculture stating that
all charges specified in this section have been paid : Provided, Proviso: sale in
whenever au.v concentrated commercial feeding stuff, as defined nisiiecf purchaser.
in section two, is kept for sale in bulk, stored in bins or other-
wise, the manufacturer, dealer, jobber or importer keeping the
same for sale shall keep on hand cards of proper size, upon which
the statement or statements in section one is or are plainly
printed ; and if the feeding stuff is sold at retail in bulk, or if it is
put up in packages belonging to the purchaser, the manufacturer,
dealer, jobber or importer shall furnish the purchaser with one
of said cards upon which is or are printed the statement or state-
ments described in this section, together with sufficient tax tags
or stamps to cover same : Provided, that the inspection tax of Proviso: tax not
twenty cents per ton shall not a])ply to whole seeds and gvains seedl'^^?grain'^°'^
when not mixed with other materials. It is further provided that. Redemption of
upon demand, said inspection tags or stamps shall be redeemed ^*^^"^P^-
by the department issuing said tags or stamps, upon surrender
of stime, accompanied by an affidavit that the same have not
been used : Provided, said tags or stamps shall be returned for Proviso: time for
redemption within the time fixed by the Board of Agriculture : redemption.
Provided further, that nothing in this- act shall be construed to Proviso: sales in
restrict or prohibit the sale of concentrated commercial feeding ^""^ '*''' ™'^'"^-
stuff in bulk to each other by importers, manufacturers or manipu-
lators who mix concenti-ated connnercijil feeding stuff for snle.
The Commissioner of Agriculture is hereby empowered to ])rescrihe
the form of such tax tags or stamps.
Sec. 7. Any manufacturer, importer, jobber, jigent or dealer who Feeding stuff
shall sell, offer or expose for sale or distribution in this State condem°nation^^'
and sale.
I'ub.— 11
162
1909— ClIAl'TEK 149.
Proceeds of sale.
Advertisement
of sale.
Release of feeding
stuff.
Powers of com-
missioner of agri-
culture and
agents.
Analysis of feed
stuffs.
Samples for
analysis.
any concentrated commeix-ial feeding stuff, as defined in section
two of tills act. without coinpl.ying witli the requirements of the
preceding sections of this act, or who shall sell or offer or expose
for sale or distribution any concentrated commercial feeding stuff
which contains substantially a smaller percentage of crude protein
or crude fat or carbohydrates or a larger percentage of crude
fiber than certified to be contained, or who shall adulterate any
feeding stuff with foreign, mineral or other substance or sub-
stances, such as rice chaff or hulls, peanut shells, corn cobs, oat
hulls or similar materials of little or no feeding value, or with
substances iu.iurious to the health of domestic animals, shall be
guilty of a violation of this act. and the lot of feeding stuff in
question shall be subject to seizure, condemnation and sale by the
Commissioner of Agriculture, and the proceeds from said sales
shall be covered into the State Treasury for the use of the depart-
ment executing the provisions of this act. Such seizure and sale
shall be made under the direction of the Commissioner of Agricul-
ture, by an officer of the Department of Agriculture. The sale
shall be made at the courthouse door in the county in which the
seizure is made, after thirty days' advertisement in some news-
paper published in such county, or if no newspaper is published
in such county, then by a like advertisement in a newspaper
published in the nearest county thereto having a newspaper. The
advertisement shall state the brand or name of the goods, the
quantity and why seized and offered for sale. The Commissioner
of Agriculture, however, may in his discretion release the feeding
stuff" so withdrawn when the requirements of the provisions of this
act have been complied with, and upon payment of all costs and
expenses incurred by the Department of Agriculture in any pro-
ceedings connected with such seizure and withdrawal.
Sec. 8. The Commissioner of Agriculture, together with his
deputies, agents and assistants, shall have free access to all places
of business, mills, buildings, carriages, cars, vessels and packages
of whatsoever kind used in the manufacture, importation or sale of
any concentrated commercial feeding stuff, and shall have power
and authority to open any package containing or supposed to con-
tain an.v concentrated commercial feeding stuff", and, upon tender
and full payment of the selling price of said samples, to take
therefrom, in the manner hereinafter prescribed, samples for
analysis ; and he shall annually cause to be analyzed at least
one sample so taken of every concentrated commercial feeding
stuff that is found, sold or offered or exposed for sale in this
State under the provisions of this act. Said sample, not less than
one pound in weight, shall be talceu from not less than ten bags
or packages, or if there be less than ten bags or packages, then
the sample shall be taken from each bag or package, if it be in
bag or package form, or if such feeding stuff be in bulk, then it
shall be talvcn from ten different places of the lot. Tlie sample
1909— Chapter 149. 163
or samples taken shall be kept a reasonable length of time by the
Department of Agriculture, and on demand a portion of such Part of samples
sample or samples shall be furnished to the manufacturer, im- facturer or^dealer.
porter or jobber of his feeds for examination by the chemists or
other experts of said manufacturer, importer or jobber. The Publication of
Department of Agriculture is hereby authorized to i)ublish from ^^^ ^^^^'
time to time in "reports or bulletins the results of the analysis
of such sample or samples, together with such additional in-
formation as circumstances advise : Provided, however, that if Proviso: notice to
such sample or samples as analyzed differ from the statement dea?er.^*^ ^^^^^ '^^
prescribed in section one of this act, then, at least thirty days be-
fore publishing the results of such analysis, written notice shall
be given of such results to the manufacturer, importer, agent or
jobber of such stock, "if the name and address of such manufac-
turer, jobber or importer be known : Provided further, that if Proviso: com-
the analysis of any such sample does not differ within reasonable p'^^""^^ '■^•^ ^^ ■
limits from the statement prescribed in section one of this act
appearing upon the goods, the manufacturer shall be considered
as having complied with the requirements of this act.
Sec. 9. The Board of Agriculture is empowered to adopt stand- Standards, rules
ards for concentrated commercial feeding stuffs and such rules ^^
and regulations as may be necessary for the enforcement of this
act.
Sec. 10. Anj^ manufacturer, importer, jobber, agent or dealer Violations of act.
who shall sell, offer or expose for sale or distribute in this State
any concentrated commercial feeding stuff without having at-
tached thereto or fui'nished therewith such tax stamps, labels or
tags as required by the provisions of this act, or who shall use
the required tax stamps, labels or tags a second time to avoid the
payment of the tonnage tax, or any manufacturer, importer, job-
ber, agent or dealer who shall counterfeit or use a counterfeit of
such tax stamps, labels or tags shall be guilty of a violation
of the provisions of this act.
Sec. 11. Any manufacturer, importer, jobber, agent or dealer Further violations
who refuses to comply with the requirements of the provisions
of this act, or any manufacturer, importer, jobber, agent or dealer
or person who shall impede, obstruct, hinder or otherwise prevent
or attempt to prevent any chemist, inspector or other authorized
agent in the performance of his duty in connection with the pro-
visions of this act, shall be guilty of a violation of the provisions
of this act.
Sec. 12. Any manufacturer, importer, jobber, agent or dealer Punishment for
1 V- II • 1 i ^ iv. ■ • ^ ^. • ^ violations of act.
who shall violate any of the provisions of this act, ujxm con-
viction thereof, shall be fined not exceeding fifty dollars for the
first offense nor more than two hundred dollars for each sub-
sequent offense, and the proceeds from such fines shall be covered
into the State Treasury for use of the Department of Agriculture
in executing the provisions of this act.
164
1909— Chapter 149—150.
Notice to person
accused of vio-
lating act.
Opportunity to be
heard.
Facts certified to
solicitor.
Certificate of
analysis evidence.
Duty of solicitor.
Proviso: stuffs
now in stock.
Sec. 13. Whenever tbe Commissioner of Agriculture becomes
cognizant of any violation of tlie ijrovisions of this act lie shall
immediately notify in writing the manufacturer, importer or .jobber
and dealer, if same be known. Any party so notified shall be
given an opportunity to be heard, under such rules and regula-
tions as may be prescribed by the Commissioner and the Board
of Agriculture, and if it appears that any of the provisions of
this act have been violated the Commissioner of Agriculture shall
certify the facts to the solicitor in the district in which such
sample was obtained, and furnish that officer with a copy of the
results of the analysis or other examinatiens of such article, duly
authenticated by the analyst or other officer making such examina-
tion, under the oath of such officer. In all prosecutions arising
under this act the certificate of the analyst or other officer mak-
ing the analysis or examination, when duly sworn to by such
officer, shall be prima facie evidence of the fact or facts therein
certified.
Sec. 14. That it shall be the duty of every solicitor to whom
the Commissioner of Agriculture shall report any violation of this
act to cause proceedings to be commenced and prosecuted with-
out delay for the fines and penalties in such cases prescribed :
Provided, that the provisions of this act shall not apply to any
concentrated commercial feeding stuffs now in the hands or in
the stock of any dealer or manufacturer.
Sec. 15. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 16. This act shall be in force from and after its ratifica-
tion.
Ratified this the 13th day of February, A. D. 1909.
CHAPTER 150.
AN ACT TO PROVIDE FOR THE APPOINTMENT OF IN-
SPECTORS OF ELECTRIC, GAS AND WATER METERS.
Appointment of
inspector of
meters.
Time of appoint-
ment.
The General Assembly of North Carolina do enact:
Section 1. That in every city or town in the State of North
Carolina where is furnished, for pay, electricity, gas or water by
meter measure, the board of aldermen or other governing author-
ities of said city or town may appoint some competent person to
act as inspector of meters, whose duty it shall be to inspect and
test such meters and to carry out the provisions of this act as
herein provided.
Sec. 2. That such appointment, if made, shall be made at the
first meeting in May of each year of such board of aldermen
or other governing authorities, subject to the power of such city
1909— Chapter 150. ■ 165
or town authorities to remove such appointee in the manner pro-
vided for the removal of its other appointees and to fill the
vacancy caused by such removal. The compensation of such in- Compensation of
spector shall be fixed and shall be paid by the city or town go inspector,
appointing him, and such inspector shall upon his appointment inspector to
take oath before the mayor of said city or town that he will faith- ^"'^"^y-
fully perform the duties herein imposed upon him, and the said Bond,
board of aldermen or other governing authorities of said city or
town may require said inspector to give bond in such sum as they
may fix for the faithful discharge of his duties.
Sec. 3. Every person, firm, corporation or municipality furnish- Apparatus for
ing for paj- electricity, gas or water by meter measure in any ^^^'t^'^s meters.
city or town having appointed an inspector of meters, as aforesaid,
shall provide and keep a suitable and proper apparatus for test-
ing and proving the accuracy of the meters to be so furnished for
use, by which apparatus all such meters shall be tested at their
rated capacity.
Sec. 4. That no person, firm, corporation or municipality fur- Meters not in-
nishing for pay electricity, gas or water by meter measure shall j'ntp|ction.°'^^
hereafter furnish, install and put in use any such meter in any
city or town having appointed an inspector of meters, as afore-
said, until such meter shall first have been inspected and found
correct by such inspector, and it shall be the duty of such
inspector to test the same upon the written request of such pro-
posed furnisher. No meter now in service shall be required to Meters now in use.
be taken out for test, except where there is doubt as to its ac-
curacy and upon the written request of the consumer, as herein
provided.
Sec. 5. That when any consumer, by meter, of electricity, gas Inspection of me-
.. ., , ,.' -ij • 1 „ ters on complaint
or water m any city or town having appointed an inspector of of consumer.
meters, as aforesaid, doubts the accuracy of such meter and
desires to have the same tested, such consumer may file with said
inspector of meters a written complaint of said meter and re(iuost
that the same be tested, and shall at the same time deposit with Deposit for
the furnisher the sum of one dollar to cover the expense of tak-
ing out and replacing such meter, and thereupon it shall be the
duty of such Inspector as soon as practicable to accurately test
said meter in the presence of and jointly with the authorized
agent of the furnisher, and also in the presence of the com-
plainant, if he so desires, and shall give to both the complainant
and to the furnisher a written report of such test and the result
thereof.
Sec. 6. That if upon such test the said meter is found to be In- Repayment or
correct, in that it registers more than two and one-half per cent ^°''^^'^ °^ deposit,
too fast — that is, more than two and one-half per cent more elec-
tricity, gas or water than it should — then and in that event said
furnisher shall return to the complainant the said one dollar de-
posit and shall promptly properly adjust and repair said meter
166
1909— Chapter 150—151.
Adjustment of
charges.
or fui-uish a correctly adjusted meter; but if upon such test said
meter shall not register more than two and one-half per cent too
fast — that is, more than two and one-half per cent more than it
ought to — the said one dollar deposit shall be retained by said
furnisher to cover the expense of taking out and replacing said
meter.
Sec. 7. That if upon such test the said meter shall register more
than two and one-half per cent too fast, as above defined, the
furnisher shall reimburse the complainant at the rate at which the
meter registers too fast for a period of one month back ; but if
upon such test said meter shall be found to be incorrect, in that
it registers more than two and one-half per cent too slow — that
is, more than two and one-half per cent less electricity, gas or
water than It should — then and in that event the complainant shall,
in addition to the amount already charged him, pay at once to
said furnisher at the rate at which the meter is too slow for a
period of one month back, and the furnisher shall have the same
rights for collecting such additional sum as is provided for the
collecting of the past due and unpaid bills for electricity, gas or
water, as the case may be.
Sec. 8. That any such meter having been tested and found to
be not more than two and one-half per cent too slow nor more
than two and one-half per cent too fast, as above defined, shall
be considered correct, and such inspector shall so mark or stamp
such meter and report the same to the board of aldermen or other
governing authorities of said city or town.
Access to meters. Sec. 9. That nothing in this act shall be so construed as to pre-
vent any furnisher of electricity, gas or water from having free
access to the meters.
Sec. 10. That this act shall also apply to cities and towns which
furnish for pay electricity, gas or water by meter measure.
Sec 11. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 15th day of February. A. D. 1909.
Standard of
accuracy.
Application to
cities and towns.
CHAPTER 151.
AN ACT TO CORRECT CALLS IN GRANTS No. 16828 AND No.
16829, IN ASHE COUNTY.
The General Assemhly of North Carolina do enact:
Grant No. 16828. Section 1. That the first call in grant Number Sixteen Thou-
sand Eight Hundred and Twenty-eight, issued to G. W. and H. M.
Brown, in Ashe County, be corrected so as to read as follows :
"Beginning on a chestnut, running east two and one-fourth poles
to a stake," then follow calls of grant.
1909— Chaptek 151—152—153. 167
Sec. 2. That the tirst call of grant Number Sixteen Thousand Grant No. 16829.
Eight Hundred and Twenty-nine, issued to G. W. and H. M. Brown,
be corrected so as to read : "Beginning at a white oak in Payne
line," aud then following original calls in grant.
Sec. 3. That this act shall not disturb any vested rights or af- Vested rights and
pending suits.
feet any suit pending.
Sec 4. That this act shall be in force from and after its ratih-
cation.
Ratified this the 15th day of February, A. D. 1909.
CHAPTER 152.
AX ACT TO ESTABLISH THE STOCK LAW IN CERTAIN
TERRITORY IN RANDOLPH COUNTY.
Whereas the stock law has been established in all of Randolph Preamble.
County except a small strip in Brower and Richland townships,
on the Moore County line, and it appearing that a majority of the
qualified voters of said territory have petitioned the General As-
sembly to enact the stock law for said territory: therefore.
The General Assembly of Noi-th Carolina do enact:
Section 1. That from and after the first day of April, one thou- stock law ex-
sand nine hundred and nine, the stock law shall be and is hereby tended,
established in all the county of Randolph where the stock law
does not already prevail in said county, and from and after said
day it shall be unlawful for any live stock to run at large in any
part of said county.
Sec 2. That all the provisions of chapter thirty-five of the Re- General law
visal of one thousand nine hundred and five relating to the stock applicable.
law shall be applicable to the territory embraced in this act.
Sec 3. That this act shall be in force from and after the first When act
day of April, one thousand nine hundred and nine. ^ ^^ '^^"
Ratified this the 15th day of February. A. D. 1909.
CHAPTER 153.
AN ACT TO PROVIDE AN OFFICIAL STENOGRAPHER FOR
THE COURTS OF FORSYTH COUNTY.
The General Assembly of North Carolina do enact:
Section 1. There is hereby created the office of official stenog- Office created,
rapher for the county of Forsyth, and the said official stenographer Duties of
shall attend all the regular and special terms of court of said stenographer.
county and report all of the proceedings thereof, and in addition
168
1909— Chapter 15:3.
Appointment of
stenographer.
Stenographer to
qualify.
Term of office.
Vacancy.
Substitute
stenographer.
Stenographer's
fees.
Proviso: addi-
tional fee taxed.
Fees for tran-
scripts and rec-
ords.
Copies to be fur-
nished by stenog-
rapher.
thereto shall attend and report all hearings in spet-ial proceedings
before the clerk, when evidence is to be taken, and likewise before
referees, and shall also, under the supervision of the clerk of the
court, make the transcript of the record for the Supreme Court
in cases on appeal to said court, and the clerk's fees on such rec-
ords shall be only five cents per copy sheet.
Sec. 2. Said stenographer shall be appointed by the clerk of the
Superior Court, after having first been examined as to his or her
competency by three members of the bar practicing in said court,
said members to be selected by the chairman of the local bar as-
s(jciation, whose report shall be filed with the clerk of the court.
Sec. 3. Before entering upon the duties of the office, such of-
ficial stenographer shall take and subscribe an oath to correctly
and honestly discharge the duties thereof, as prescribed by the
judge, clerk, commissioner, referee or other person before whom
any cause may be heard or tried, such oath to be filed with the
clerk as a part of the record of his ofiice.
Sec. 4. The term of ofiice of the official stenographer shall be
two j«ears, unless removed by the clerk for cause, and in case of
such removal the clerk shall fill the vacancy as herein provided
for the appointment of said stenographer.
Sec. 5. In case of the absence of the oflicial stenographer from
any term of court or hearing before the clerk or referee, the clerk
of the court shall appoint some competent stenographer In place
of the official stenographer, who shall perform the same duties
and receive the same compensation as the official stenographer
during the absence of the official stenographer, and shall take an
oath similar to the oath of the official stenographer.
Sec. 6. For the purpose of providing a fund to reimburse the
county for the sum which this act provides shall be paid said
stenographer by the county, there shall be taxed by the clerk of
the court a stenographer's fee of one dollar and fifty cents as a
part of the cost in all civil cases in which any decree or judgment
is signed, and in all criminal actions except where no jury has
been impaneled there shall be taxed as a part of the cost a stenog-
rapher's fee of one dollar, except in capital felonies the fee shall
be ten dollars : Provided, for each day or fraction of a day above
one day that the services of a stenographer shall be required in
any one case there shall be taxed as a fee fifty per centum in
addition to the fees herein provided. That in making and pre-
paring transcripts of records and papers, other than for the Su-
preme Court, the stenographer shall charge at the rate of ten cents
per copy sheet, such fees to be paid to the clerk of the court in
lieu of fees heretofore charged by the clerk for such work.
Sec. 7. Said stenographer shall, upon request made by either
party or by counsel, furnish a typewritten copy of the notes of the
case taken by said stenographer and of other parts of the record,
or so much thereof as may be designated by the party making the
1909— Chapter 153. 169
rtHiuest : rrociilcd, that before the said request shall be complied Proviso: deposit
tor CODIGS
with the partj' making the request shall deposit with the clerk of
the court a sum estimated by the stenographer to be equal to two
and one-half cents per copy sheet for so much of the record as
may be desired, but in no event shall this sum exceed ten dollars,
except such fee shall not apply to parts of or the whole of the evi-
dence which may be requested by counsel for their use or by the
court during the progress of the trial of the case. If the deposit
thus made shall exceed two and one-half cents per copy sheet
the excess shall be refunded to the person making the deposit, but if
the deposit shall be less than two and one-half cents per copy sheet
then the person making the request shall make an additional de-
posit to equal two and one-half cents per copy sheet, and in the Deposits taxed
event the party so making the deposit is successful in his appeal ^^ costs,
the clerk shall tax as a part of the cost of the case the sum so
deposited, to be recovered of the adverse party. Whenever the Three copies to
stenographer makes a copy of any of the notes of the evidence or
other parts of the record there shall be made three copies, one to
be filed with the clerk of the court, another to be handed to the
party making the deposit, and the third copy furnished to the op-
posite party upon said party paying to the clerk of the court a
sum which- shall equal two and one-half cents per copy sheet. In Note books to be
all cases reported by said stenographer the books containing the
original stenographic notes of the evidence and other parts of the
record shall be filed with the clerk as a part of the record.
Sec. S. All fees provided for in this act shall be taxed as a part Fees taxed as
of the cost, and shall be the property of the county of Forsyth county,
and paid to the treasurer thereof, when collected.
Sec. 0. That the said stenographer shall^ receive as full compen- Salary of stenog-
sation for the services required by this act the sum of seventy-five
dollars per month, to be paid by the county of Forsyth, and the Office,
said county shall furnish to said stenographer an office in the
courthouse, where said stenographer shall be required to attend,
under the direction of the clerk of the court, and shall furnish all Supplies,
necessary supplies: Provided, the cost of said supplies shall not
exceed one hundred dollars per annum.
Sec. 10. Whenever it shall become necessary in any court to Copy of notes
prove the testimony of witnesses at the trial of any former case
in Forsyth County, the typewritten copy of the notes of said testi-
mony, certified over the signature of the said official stenographer,
shall be prima facie evidence of the testimony of said witness,
such signature to be acknowledged before the clerk of the Su-
perior Court of said county, under his hand and official seal.
Sec. 11. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 12. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 15th day of February, A. D. 1009.
170
1909— Chapter 154 — 155.
Killing of squirrels
devastating crops.
CHAPTER 154.
AN ACT TO AMEND SECTION 1882 OF THE EEVISAL OF
1905, AND TO PROTECT CROPS AGAINST THE DEVASTA-
TION OF SQUIRRELS.
The General Assembly of North CaroUnu do enact:
Section 1. That section one thousand eight hundred and eighty-
two of the Revisal of one thousand nine hundred and five be and
the same is hereby amended in the following manner, to-wit:
'"Provided, it shall be lawful for the owner, on his own lauds, or
the tenant or cropper in possession thereof, to hunt, kill or in any
way capture squirrels at any time, if found upon the arable lands
then in cultivation and devastating the crops growing thereupon.
Counties affected, in the counties of Hertford, Gates, Chowan, Perquimans. Pasquo-
tank, Camden and Currituck.
Sec. 2. That all laws and clauses of laws in conflict herewith
are hereby repealed.
Sec. 3. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 15th day of February, A. D. 1909.
CHAPTER 155.
Boundary of
Kannapolis.
Jurisdiction.
AN ACT SUPPLEMENTARY TO AND AMENDATORY OF "AN
ACT TO CONFER POLICE POWERS ON DEPUTY SHER-
IFFS AT KANNAP(JLIS;' ETC., RATIFIED BY THIS GEN-
ERAL ASSEMBLY JANUARY 30, 1909.
The General Ass'emMy of North Carolina do enact:
Section 1. That to make more specific and definite the words
"one mile of the cotton mills," used in said act, the boundary of
Kannapolis shall be a circle, every point of which shall be one
mile distant from the center of the ground covered by the "David
Franklin Cannon Memorial Hall," erected at Kannapolis as a
Y. M. C. A. building.
Sec 2. That all the jurisdiction conferred by said act may and
shall be exercised within said circle.
Sec 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 15th day of February, A. D. 1909.
1909— Chapter 156—157. 171
CHAPTER 156.
AN ACT RELATING TO THE PAY OF SPECIAL VENIREMEN
IN RICHMOND COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That jurors in Riclimoud County, North Carolina, Jurors,
shall receive the. sum of one dollar and fifty cents for each day's
attendance on court or inquest and mileage at the rate of five cents
per mile.
Sec. 2. That special veniremen who attend and vpho are not Special venire-
drawn as jurors shall receive one day's pay of one dollar and "^^"'
mileage at the rate of five cents.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 15th day of February, A. D. 1909.
CHAPTER 157.
AN ACT TO SUPPLY CERTAIN RECORDS OF DUPLIN
COUNTY.
"Whereas the books containing the records of many of the State Preamble,
grants for lands lying in Duplin County issued prior to the year
one thousand eight hundred have been lost or destroyed from
the office of the Register of Deeds of Duplin County ; and whereas
the county of Duplin is desirous of having a complete record of
such laws or destroyed grants in the oflice of the register of deeds
for the convenience and better protection of the titles of its citi-
zens : now, therefore,
The General Assembhj of Noi'tlL Carolina do enact:
Section 1. That the Secretary of State is hereby authorized and Secretary of State
directed to permit the Register of Deeds of Duplin County or his ^q bc™ade°^'^^
duly authorized and accredited deputy to copy, without cost or
fees, from the records in the office of the Secretary of State all
missing grants, abstracts of grants and other documents issued
prior to the year one thousand eight hundred pertaining to titles
of land in the present boundaries of Duplin County.
Sec. 2. That the commissioners of Duplin County are hereby Rate of payment
authorized and directed to pay the Register of Deeds of Duplin °^ "^^^
County or his duly authorized and accredited deputy the sum of
fifteen cents per hundred words and board bill and railroad fare
in coming to and from Raleigh, while copying said records, for
\
172 1909— Chapter 157.
copying the grants and abstracts of grants and other documents
pertaining to titles in Duplin County, as mentioned in section one
of this act.
Commissioners to Sec. 3. That H. D. Williams, D. L. Carlton and L. A. Beasley,
select work
of Duplin County, be and they are hereby appointed commissioners
to select from the office of the Secretary of State all such grants
and abstracts of grants and other documents prior to the year
one thousand eight hundred pertaining to the title of Duplin
County as are not now recorded in the office of the Register of
Deeds of Duplin County, and are directed to keep a record or index
to said grants and abstracts of grants and documents, so that' the
Register of Deeds of Duplin County or his deputj^ may know which
grants to copy.
Secretary of State Sec. 4. That the Secretary of State is hereby authorized and
recor™^ "^^ ° directed to permit said commissioners or any two of them to use
said records for the purpose of making such selection.
Expenses of com- Sec. 5. That the said H. D. Williams, D. L. Carlton and L. A.
paTd!°"^'^^ ° '^ Beasley shall be paid their actual expenses, including railroad
fare, livery and board, while actually engaged in said work by
the commissioners of Duplin County.
Beginning of Sec. 6. That said H. D. Williams, D. L. Carlton and L. A.
^^°' ■ Beasley are hereby directed to enter upon the discharge of said
duties as soon as practicable, and the Register of Deeds of Dup-
lin County is directed to enter upon the duties of transcribing said
records immediately upon the report of the commission above
named.
Certified copy of Sec. 7. That said L. A. Beasley, H. D. Williams and D. L. Carl-
inde.x of records. ^^^^ ^j^^jj f^j^.^jgi^ ^j^^ register of deeds with a certified copy of the
index which they may make of the records, which he is required
to copy, which certified copy the register of deeds shall record in
his oflice, on the first pages of the record hereinafter provided for
in this act for the copying of said grants, abstracts and documents.
Title of tran- Sec. 8. That the Register of Deeds of Duplin County, in making
scribed books. such copies, shall transcribe the same in a book or books to be
known in his office as book or books of transcribed grants prior
to the year one thousand eight hundred and shall be further
known as "Book A and C."
Certificates to be Sec. 9. That when the Register of Deeds of Duplin County has
■ completed the transcribing, as aforesaid, of said I'ecords, he shall
attach to said book or books a certificate in the form following :
"I Register of Deeds of Duplin County, do hereby certify
that the foregoing pages contain a true and perfect copy
of grants, abstracts of grants and documents of the recoi'ds in the
office of the Secretary of State, as transcribed under act of the
General Assembly of North Carolina at its session of one thousand
nine hundred and nine, entitled 'An act to supply certain lost or
destroyed records in Duplin County.' "
1909— Chaptek 157—158—159. 173
Sec. 10. That said book or books, when so transcribed aud certi- Books or copies
, ,, , ■ I ■ ^ ■ evidence,
fied, or certified copies therefrom, shall be received as evidence m
all the courts of this State.
Sec. 11. That the Register of Deeds of Duplin County, in order Appointment of
to facilitate the work aforesaid, is authorized in his discretion to "^^^ ^ '
appoint a deputy for the purpose of transcribing said records,
which deputy shall reside in or out of Duplin County.
Sec. 12. That the commissioners of Duplin County shall pay for County commis-
sioners to pay lor
said work as provided in this act. work.
Sec. 13. That all laws aud clauses of laws in conflict with this
act are hereby repealed.
Sec. 14. That this act shall be in force and effect from and after
its ratification.
Ratified this the loth day of February, A. D. 1909.
CHAPTER 158.
AN ACT RELATIVE TO THE SUPERIOR COURTS OF MARTIN
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand five hundred and six. chap- Term to continue
■ „ two weeks.
ter twenty-eight, Revisal of one thousand nine hundred and nve,
subsection "Fourth District," be amended as follows : In the para-
graph entitled Martin County insert after the words "second Mon-
day after the first Monday in September" the words "to continue
for two weeks."
Sec. 2. That all laws and clauses of laws in conflict herewith
are hereby repealed.
Sec. 3. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 15th day of February, A. D. 1909.
CHAPTER 159.
AN ACT TO VALIDATE CERTAIN PROBATES OF G. L. LIVER-
MAN, FORMER CLERK OF THE SUPERIOR COURT OF
TYRRELL COUNTY.
Whereas G. L. Liverman, former Clerk of the Superior Court Preamble,
of Tyrrell County, did, while he was Clerk of the Superior Court
of Tyrrell County, take the acknowledgment, private examination
and probate of certain mortgages and other instruments executed
174
1909— Chapter 159—160—161.
to him to secure the payment of funds by him invested as clerk
of said Superior Court and as receiver for certain minors : now,
therefore,
Proceedings
validated.
The General AssemMy of North Carolina do enact:
Section 1. That all such acknowledgments, examinations and
probates be and the same are hereby validated, confirmed and
made legal, binding and regular.
Sec. 2. That this act shall be in Xovce from and after its ratifica-
tion.
Ratified this the 15th day of February, A. D. 1909.
CHAPTER 160.
AN ACT FOR THE PROTECTION OF QUAIL IN ALEXANDER
COUNTY.
Killing quail or
partridge for two
years forbidden.
Misdemeanor.
Punishment.
The General Assemhly of No7-th Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to kill or catch quail or partridges in Alexander County for two
years.
Sec. 2. That any person or persons violating the provisions of
this act shall be guilty of a misdemeanor and fined not more than
fifty dollars or imprisoned not more than thirty days.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 16th day of February, A. D. 1900.
CHAPTER 161.
Fishing in Stony
creek.
AN ACT TO REPEAL CHAPTER 5G0, PUBLIC LAWS OF 1903,
AND CHAPTER 288, PUBLIC LAWS OF 190.5.
The General Assemhlij of North Carolina do enact:
Section 1. That chapter five hundred and sixty of the Public
Laws of one thousand nine hundred and three and chapter two
hundred and eighty-eight of the Public Laws of one thousand nine
hundred and five be and the same are hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 16th day of February, A. D. 1909.
1909— CiiArxER 162. 175
CHAPTER 152.
AN ACT RELATIVE TO THE GAME LAW IN CLAY COI^NTY.
The General Assembli/ of yorth CaroUna do enact:
Section 1. That section one thousand eight hundred and eighty- Close season for
four of the Revisal of one thousand nine hundred and five be *^"
amended by striking out the word "Clay." in line fifteen thereof.
Sec. 2. That any nonresident of Clay County who desires to hunt License to non-
birds or animals in Clay County shall make application to the clerk
of the Superior Court of said county, who shall issue such license
upon the payment of a tax of ten dollars and the clerk's fee. The
license shall expire on the termination of the hunting season, as
fixed for said county. The license shall be of such form as the Form of license.
Audubon Society of North Carolina may prescribe, and shall en-
title the owner to hunt anywhere in said county, except upon
private property, which he shall not do without the written con-
sent of the owner. The license may be revoked by the Audubon Revocation of
license
Society upon the proof that the holder has hunted in violation of
the law. No license shall be granted to any person whose license
has been revoked for a period of one year thereafter. Such license
shall not authorize the owner to hunt in said county at any time
or in any manner other than is provided for by law for hunting
in said county : Provided, that anv nonresident of the State of Proviso: license
".,.-,, ^ ^ f from other
North Carolina who holds a license to hunt, issued by any clerk ot counties.
the Superior Court of any county in this State, shall be allowed to
hunt in Clay County, notwithstanding the provisions of this act.
Sec. 3. The clerk of the Superior Court shall issue hunter's Record and report
of licenses
license, as pi-ovided for by law, and shall keep in a bound book
a record of each license issued, and shall make a report on the
first day of December of each year and at the close of the hunting
season for said county to the Audubon Society, on the forms pro-
vided by said societv, and shall at the same time transmit all funds Funds trans-
™ /. ,, f-,j_ J. milted.
received for such license to the Treasurer of the State.
Sec 4. If any nonresident of the said county shall hunt in said .A.cts made
._,, ,i,ii„„ misdemeanors,
county without license, as required by law. or shall hunt upon
the lands of another without his written consent, or shall fail to
carry his license with him in hunting, or shall fail upon demand to
exhibit it to any game warden or police officer, he shall be guilty
of a misdemeanor. Each day's hunting without license shall be a Separate offenses.
separate offense.
Sec. 5. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 0. That this act shall be in force from and after its ratifica-
tion.
Ratified this the IGth day of February, A. D. lOOn.
176
1909— Chapter 163—164.
CHAPTER 163.
AN ACT TO PROTECT SQUIRRELS IN WHITE OAK TOWN-
SHIP. IN BLADEN COUNTY.
The General AsscmTjhj of North Carolina do enact:
Close season. Section 1. That it shall be unlawful to shoot, trap or kill squir-
rels, in any manner whatever, in White Oak Township, Bladen
County, between the first day of March and the first day of October
Squirrels destroy- of each and every year, unless said squirrels are in the act of
insT croDs
destroying some growing crop, and then only while in the act of
such destruction.
Misdemeanor. Sec. 2. Anyone violating this act shall be guilty of a nilsde-
Punishment. meanor and shall be punished by fine or imprisonment, at the dis-
cretion of the court.
Sec. 3. All laws and clauses of laws in conflict with this act are
hereby repealed.
Sec. 4. This act shall go into effect on and after its ratification.
Ratified this the IGth day of February, A. D. 1900.
Prisoners put to
work on personal
application.
Work to be
credited on
sentence.
Work paid for if
prisoner acquitted.
Proviso: not to
wear convict garb
or shackles.
Prisoners returned
for trial.
Application of act.
CHAPTER 164.
AN ACT FOR THE RELIEF OF PRISONERS AWAITING
TRIAL IN BERTIE COUNTY.
The General AssemNii of North Carolina do enact:
Section 1. Whenever any person is confined in jail, awaiting
trial on default of bail, for a bailable offense, for which the pun-
ishment, if convicted, shall not be more than ten years in the
penitentiary, he may, upon his own application, and not otherwise,
to the board of county commissioners or to the chairman, be put
to work upon the public roads or the county farm, in the same man-
ner and under the same regulations as prisoners are so worked
after conviction. Should such prisoner be convicted, the time
worked prior to his conviction shall be credited upon the sentence
imposed. Should such prisoner be acquitted, he shall be paid by
the county out of the county treasury for the time so worked, at
the rate to be fixed by the county commissioners: Provided, hoic-
ever, that prisoners thus worked upon their own application, shall
not wear the convict garb or shackles. Prisoners requesting same
may be returned at any time to the county jail to await their trial.
and in that event the commissioners shall recommit them to said
county jail.
Sec. 2. That this act shall apply only to the counties of Bertie
and Lenoir.
Sec. 3. That this act shall take effect from and after its ratifica-'
tion.
Ratified this the 16th day of February, A. D. 1909.
1909 — Chapter 165.
CHAPTER 165.
177
AX ^CT TO AUTHORIZE THE COMMISSIONERS OF CAS^
WELL COUNTY TO ISSUE BONDS TO PAY AND FUND ITS
BONDED AND FLOATING DEBT.
The General AsseniDJy of North Carolina do enact:
^ECTiox 1 That for the purpose of paying and funding the Bond .ssue
bonded and floating debt of Caswell County contracted for neces-.
sarv expenses of said county the Board of Commissioners of Cas-
well County are hereby authorized and empowered to issue bonds
o an amount not to exceed twelve thousand dollars, with coupons Amount,
attached calling for interest, payable semiannually, at a rate no interest,
'to exceed five per centum per annum, said coupons to be due and
pavable Julv first and January first in each year. Said bonds Denom.nat.on.
Uall be in denominations of not less than one hundred nor more
'than one thousand dollars, and shall be dated as of the first day of
July one thousand nine hundred and nine, and shall be due and Maturity.
payable at a date or dates to be fixed by the board of commis-
sioners, not later than thirty years after date-that is to say not
later than on the first day of July, one thousand nine hundred and
thirty-nine. Pxchansed at a less Bonds not to be
Sec. 2. That said bonds shall not be sold oi excu..u.^t^ii ^^^^ ^^^^^ p^^
^nm and rate than their par value.
SEC 3 slid bonds shall be signed by the chairman of the board Authentication,
of commissioners and countersigned by the clerk of said board and
shall have the seal of said county affixed thereto, and the interest
^nnnons shall be signed by a lithographed facsimile of the signature
of src^"man.\he s'aid cleric of the board shall keep a hook K^ecord^of bonds
suitable for the purpose, in which he shall keep an accurate ac-
count of the number ot bonds issued, the amount of each bond and
the name of the person to whom sold; he shall also keep an ac-
curate account of the coupons and bonds which shall be paid,
taken or otherwise cancelled, so. by an inspection of said book, the
true state of the bonded debt herein provided for may be seen and
easny ascertained. Said book shall at all times be open to the Record open for
inspection of any taxpayer in the county, and any ^^f ^^.f *^^ S^^tU^ aS
board county officer or other person having custody of said book ^J^^^^^,_
who shall refuse to afford such inspection shall be guilty of a mis-
demeanor, and on conviction thereof shall be fined or imprisoned Pun.sbment.
'""To f™ thf sS b:ni at the option of the holder or hold- Ke.ste.ed bonds,
ers thereof, shall be registered by the clerk of the board of county
commissioners of said county, and after such registration shall be
trnnsferable only bv endorsement.
Sec. 5. Any officer or employee of the said county who shall M^appjication of
apply the proceeds of any bond or bonds issued under this act. or
Pub.— 12
178
1909— CiiAPTEK 165—166.
Puiiisliment.
Special tax.
Tax rate.
Bonds paid to be
burned.
exchange any such hi aiiy other mauuer or for any other purpose
thau is provided for in this act, shall be deemed guilty of a mis-
demeanor, and upon conviction shall be fined not less than five
hundred dollars or imprisoned not less than six months, or both,
in the discretion of the court.
Sec. 6. That the board of county commissioners of the county of
Caswell shall annually levy a special tax upon the i)roperty of the
citizens of said county and upon the polls and upon such property
of nonresidents which may be situated in said county and sub-
ject to taxation, to an amount sufiicient to provide for the pay-
ment of the interest that may accrue upon said bonds and in like
manner provide for the payment of the principal of said bonds
at maturity, by creating a sinking fund for that purpose, which
special tax shall not exceed fifteen (15) cents on each one hundred
dollars valuation of taxable property or forty-five (45) cents on
each taxable poll.
Sec. 7. That whenever any of the bonds or other evidence of
debt referred to in section one of this act shall be paid or ex-
changed they shall be burned by the chairman of the board of
county commissioners, in the presence of the board.
Sec. S. That all laws and clauses of laws inconsistent with the
provisions of this act are hereby repealed.
Sec. 9. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 16th day of February, A. D. 1909.
CHAPTER 166.
AN ACT TO AMEND CHAPTER 200, PUBLIC LAWS OF 1907,
PROVIDING FOR THE IMPROVEMENT OF THE PUBLIC
ROADS OF SAMPSON COUNTY AND THE APPOINTMENT
OP AN INSPECTOR OF HIGHWAYS OF SAID COUNTY.
Special tax to
redeem bonds
annually.
Meetings of road
commissioners.
Dates.
The General Assembly of North Carolina do enact:
Section 1. That section five of chapter two hundred. Public
Laws of one thousand nine hundred and seven, be amended by ad-
ding at the end of said section the following : "and the special tax
may be made sufliciently large to pay off and redeem annually so
many of the outstanding bonds as practicable, in the discretion of
the county commissioners."
Sec. 2. That section thirteen of said act be amended as follows :
In line one strike out the word "quarterly" and insert in lieu
thereof "bimonthly." In lines two and three of said section strike
out the words "January, April, July and October" and insert in
lieu thereof "January, March, May, July, September and Novem-
ber."
1909— CiiAPTEK 166. 179
Sec. 3. That the township supervisors of Sampson County shall Allotment of road
allot annually at their regular meeting in August all the hands of '^" ^'
their respective townships to road duty, but in such townships as Navigable
have navigable streams that require worlving the supervisors shall ■'~'''^'^™^-
allot to each of such streams a sufficient number of hands as may
be required to give said stream one good working each year, and
said hands so allotted shall be liable to road dut.y as the other
hands, but due credit shall be given such river hands, and the
number of days engaged on the streams shall be deducted from the
number of days they are required to work on the public roads, so
that all the hands in each township between the ages of eighteen
and forty-five years and not exempted by law from road duty shall Limit of road
work six days upon the roads and streams of the county each year. " ^"
Sec. 4. That the Road Commission of Sampson County shall, at inspector of
their next regular meeting in March, one thousand nine hundred ^'^^^'^y^-
and nine, or as soon thereafter as practicable, elect an inspector
of highways for Sampson County, and shall also fix his salary and Salary and duties,
outline his duties, and such officer shall hold his office for such Term,
time as the road commission may designate in his appointment,
not to exceed one year, and they shall likewise appoint his succes-
sor, lie shall meet with the road commission at their meetings. Duties of
irisocctor
or as often as practicable, and confer with them as to the best
methods of constructing and maintaining good roads in Sampson
County. He shall also confer with the various township super-
visors and the various road overseers as much as practicable, and
to that end he may arrange his schedule of dates for the working
of the roads so as to be present on those dates with the overseer
and aid and demonstrate in the actual working of the roads. The Powers of
inspector of highways shall have general direction and supervision '"*p^*^ "''•
over the overseers and road hands and the plan and methods by
which the roads are worked by them, and the overseer shall fol- Overseers to
low his directions, and any overseer who shall fail and refuse to Misdemeanor""^"
carry out the orders and directions of the inspector of highways
shall be guilty of a misdemeanor for neglected duty, and upon Punishment,
conviction shall be fined or imprisoned in the discretion of the
court. It shall be the duty of the inspector of highways to re- inspector to re-
port to the solicitor of the district all neglected duty on the part P"*"* ^° solicitor,
of the township supervisors or the road overseers, to the end that
their conduct may be investigated according to law. In addition Additional duties,
to the above duties, the road commission may impose such specific
duties upon the inspector of highways as may be necessary to in-
sure and maintain good roads in Sampson County.
Sec. 5. That the road overseers in Sampson County shall have Tools to be fur-
the power and authority, when summoning the hands of his sec- [Jand^. ^^ ^^^'^
tion to work on the roads, to designate what tool or implement he
shall bring, and the overseer may also require such hands as own Carts, plows and
or have in their control a cart or plow and either a horse, mule '^^^™^-
or ox to bring one or both to aid in road construction under the
180
1909— Chapter 166— 1G7,
Proviso: credit for
teams.
Failure to attend
and work a mis-
demeanor.
Punishment.
Proviso: com-
mutation.
Amount of road
duty.
Failure to keep
up roads a mis-
demeanor.
Punishment.
Application and
effect of act.
directiou of the overseer : Provided, when any such haud shall
furnish a team and plow, or team and cart, or mule or horse and
harness for the drag, he shall be credited with two days' work.
Any hand, after being duly summoned to bring such tool or team
or implement, as aforesaid, and shall fail or refuse to do so, with-
out just cause, shall be guilty of a misdemeanor and fined not ex-
ceeding ten dollars or imprisoned not exceeding ten days : Pro-
vided, that any such person so summoned to bring such team, or
team and plow, or cart, who shall by twelve o'clock of the day
preceding the one appointed for work on the road pay the overseer
the sum of two dollars shall be relieved of working on the road
for two days, which money shall be used by the overseer in road
construction on his section.
Skc. 6. That the road hands shall work on the roads under the
direction of the overseer not less than eight nor more than ten
hours each day, and for not less than six days in each year, and
any board of supervisors or road overseer who shall fail to keep
the public roads under their charge in good condition, or sliall
fail to keep the public roads made by the convict force in as good
condition as when completed by them, shall be guilty of a mis-
demeanor, and upon conviction shall be fined or imprisoned in
the discretion of the court.
Sec. 7. That this act shall apply only to Sampson County, and
shall not change, modify or repeal the general public road law now
in existence, except in so far as the same is affected by the pro-
visions of this act.
Sec. 8. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 16th day of February, A. D. 1009.
CHAPTER 167.
AN ACT TO AMEND CHAPTER S0.5 OF THE PUBLIC LAWS
OF 1907, SO AS TO EXTEND THE TIME FOR REGISTER-
ING GRANTS.
Time for registra-
tion extended.
The General Assembhj of North Carolina do enact:
Section 1. That section one of chapter eight hundred and five
of the Public Laws of one thousand nine hundred and seven be
amended by striking out the word "eight," in line four of said
section, and inserting in lieu thereof the word "ten."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 16th day of February, A. D. 1900.
1909— Chapter IGS. 181
CHAPTER 168.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF HYDE
COUNTY TO ISSUE BONDS AND LEVY A SPECIAL TAX.
The General Assembly of ^^orth Carolina do enact:
Section 1. That for the purpose of building au addition to the Purposes of issue.
courthouse and constructing therein fireproof vaults for the safe-
keeping of the county records, and for the further purpose of re-
pairing and improving the county jail and the public roads and
bridges of the county, and for paying off such indebtedness as is
now outstanding against the county or may hereafter be incurred
by reason of the improvement herein mentioned, the Board of Bond issue
Commissioners of Hyde County are hereby authorized and em- ^"^ lorize .
powered to issue bonds for an amount not to exceed five thousand Amount.
dollars, in denominations of not less than one hundred dollars and Denominations,
not more than one thousand dollars each, bearing interest not Interest.
to exceed six per cent per annum on the principal of each bond,
said interest to be due and payable annually from the date of
issuing said bonds.
Sec. 2. Said bonds shall be signed by the chairman of the board Autlientication.
of county commissioners and countersigned by the register of deeds.
Said register of deeds shall keep a suitable book, in which he Record of bonds,
shall keep an account of each bond issued, to whom issued and
the number of each bond, and he shall keep an accurate account
of all the interests paid and an account of the bonds when they
are paid. Said book shall be open to the examination of any tax- Book open to
payer of said county, and should said register of deeds fail to so Failure a' mis-
keep said book he shall be guilty of a misdemeanor. demeanor.
Sec. 3. The said bonds shall be numbered one, two, three and Bonds numbered,
so on, as they are issued, and bond Number One shall be due and Maturity.
paid two years from date of same, bond Number Two shall be
due and paid three years from date of same, and so on, agreeable
to numbers, one bond falling due and payable every j^ear until the
last bond is paid.
Sec. 4. That for the purjjose of paying said interest and the Special tax.
bonds as they may fall due, the said county commissioners are
hereby authorized and empowered to levy a special tax each year
sufficient to pay said Interest and said bonds as they begin to fall
due. Said special tax shall be collected as other taxes are, and Collection and
paid over to county treasurer, who shall keep a separate account P^^"^^"' °^ **'^-
of same, and shall pay said interest and bonds as they become Payment of in-
due and on presentation of the same at his office, and said special ^^^^^^ ^""^ bonds,
tax shall be applied only as set forth in this act.
Sec. 5. That said bonds shall not be sold for less than their Bonds not sold
par value. below par.
182
1909— Chapter 168—169.
Reports of
payments.
Sec. 6. As soon as the county treasurer pays any interest and
bonds as tbey become- due, be shall report to the register of deeds
the amount paid, as interest or bonds, and to whom paid, in order
that the register of deeds may fully comply with section two of
this act.
Sec. 7. This act shall be in force from and after its ratification.
Ratified this the 16th day of February, A. D. 1909.
CHAPTER 169.
AN ACT TO IMPROVE THE HIGHWAYS OF MANNING'S
TOWNSHIP, NASH COUNTY.
Purpose of tax.
Levy of tax
commanded.
Rate.
Tax lists.
Collection and
settlement of tax.
Compensation of
sheriff.
Sheriff liable on
bond.
Sheriff to account
to treasurer of
road fund.
Duties of treas-
urer of road fund,
The General Assembly of North Carolina do enact:
Section 1. That in order to provide for the proper construction,
improvement and maintenance of the public roads of Manning's
Township, county of Nash, the board of county commissioners
of the said county, at its regular annual meeting in June, one
thousand nine hundred and nine, and at each regular annual
meeting thereafter, is authorized and it is made the duty of said
board to levy a tax upon all property subject to taxation, under
the State law, in Manning's Township, in said county, of not less
than ten (10) cents and not more than thirty (30) cents on one
hundred dollars' worth of property, and not less than thirty (30)
cents nor more than ninety (90) cents on the poll.
Sec. 2. That the Board of County Commissioners of Nash
County is hereby directed and required annually to cause to be
made out a full and complete list, in accordance with section one
of this act, to be placed in a separate column on the regular tax
books of the county of Nash for Manning's Township, to be turned
over to the sheriff of said county of Nash for collection, as required
by law, and the sheriff aforesaid is required to collect said tax
and account for the same, under the same rules and laws and
penalties as he is required to collect and account for State and
county taxes, and he shall receive the same compensation there-
for; that the said sheriff and his bond shall be liable for the said
taxes in like manner as he is liable and responsible for State and
county taxes.
Sec. 3. That the sheriff aforesaid shall account to the treasurer
of Manning's Township road fund, to be elected by the Manning's
Township road supervisors, hereafter appointed, in like manner
as he accounts to the Treasurer of Nash County for State and
county taxes by him collected.
Sec. 4. That the treasurer of Manning's Township road fund
shall receive and hold said taxes and give his receipt to the
sheriff aforesaid for the same, and he is required to keep and
1909— Chapter 169. 183
account for his receipts and disbursements in a book kept for this
purpose, which book shall at all times be kept open for the in-
spection of the aforesaid supervisors ; that the said treasurer may Compensation of
receive in compensation for said work a commission of not more treasurer.
than three per cent (3%) on the disbursements, to be fixed by
the Manning's Township road supervisors, at the time of his an-
nual settlement with the supervisors at their regular meeting in
June of each year.
Sec. 5. That Geraldus Rice, John C. Matthews, W. M. Warren, Supervisors
A. F. May, W. H. Taylor and W. J. May are hereby appointed ^^"''"^■
supervisors of public roads of Manning's Township, Nash County,
and shall be known as the "Manning's Township Road Super-
visors," and shall hold office as follows: the first two, until the Term of office,
first Monday in December, one thousand nine hundred and ten ;
the second two, until the first Monday in December, one thousand
nine hundred and twelve, and the third or last two, until the
first Monday in December, one thousand nine hundred and four-
teen ; and each and all shall continue in office until the election Election of
and qualification of his or their successors. The successors of the successors,
first two shall be elected as other township officers are elected at
the regular election for State and county officers in one thousand
nine hundred and ten, and shall qualify on the first Monday of
December next after the election, or in fifteen (15) days there-
after, and the others In the order mentioned above, every two
years thereafter ; that the said board of supervisors and their Supervisors to be
sworn
successors in ofl3ce shall, before entering upon the duty of their
office, take and subscribe an oath for their faithful performance
of duty ; that all vacancies, by death, resignation and other cause, Vacancies,
except expiration of term, shall be filled by the board for the un-
expired term.
Sec. 6. That the Manning's Township road supervisors shall, at Organization,
the first meeting after the ratification of this act, elect one of
their number chairman of the said board and one of their num-
ber clerk, who shall hold office until June, one thousand nine Term of office,
hundred and ten, or until their successors are elected, and then
every two years thereafter they shall elect a chairman and a
clerk. At the same time they shall elect one of their number Election of
or some other suitable person as treasurer, who shall be known treasurer.
as "Treasurer of Manning's Township Road Fund," who shall
hold office until his successor is elected and qualified, and his
successor shall be elected thereafter at the same time as the
chairman and clerk ; that the clerk may receive such sum as Compensation of
compensation for services rendered as the board may think right. '^'^'''^•
The treasurer shall enter into a bond in the sum of one thousand Treasurer to give
dollars, and also take and subscribe an oath faithfully to dis- o°{',f ^""^ ^^^^
charge and perform the duties of his office.
184
1909— Chapter 169.
Duties of clerk.
Orders on treas-
urer.
Superintendent
of roads.
Powers.
Bond of super-
intendent.
Superintendent
to be sworn.
Salary of super-
intendent.
Records liept by
superintendent.
Roads may be let
to contract.
Hired labor or
convict labor.
Purchase of
materials and
machinery.
Employment of
labor.
Sec. 7. That the clerk of said board shall be reijuired to keep
an account of the business of said board, when in session or
sessions, and also to keep an account of the machinery, teams,
tools and all other property bought or otherwise belonging to the
said township, and shall issue his orders on the Manning's Town-
ship treasurer for all accounts, of whatever kind, approved by
the board and signed by the chairman, and said clerk shall keep
on the stub of his order, so issued, what it is for and to whom
issued, and shall also enter same upon his minutes.
Sec. S. That the Manning's Township road supervisors may elect
a superintendent of roads, who, after receipting to the clerk for all
machinery and other tools, wagons, carts, teams, etc., shall have
charge and management of hands, labor, teams, tools of every
kind, machinery, etc., used on the said roads, subject, however, to
the supervision of the supervisors of said roads ; that said superin-
tendent shall give a bond in such sum as required by the road
supervisors, which bond, with the bond of the treasurer, shall be
filed with the register of deeds and recorded in the Nash County
registry, and said register shall receive from the Manning's Town-
ship road fund such sum as allowed by law in recording other
bonds. The said superintendent, before entering upon the duties
of his ofHce, shall take and subscribe an oath before a magistrate
of said township for the faithful discharge of his duties as required
by this act. The superintendent shall receive such salary as may
be fixed by the Manning's Township road supervisors. It shall be
the further duty of the superintendent to keep a register, in which
he shall record each day an itemized statement of the number of
persons working on the said roads, the number of hours' work
performed by each, and the amount paid each person, together
with a list of all tools, implements, carts, wagons, machinery or
other apparatus received, or the disposition of same. But if said
Manning's Township road supervisors think best, they may, instead
of electing a superintendent, have the I'oads worked by contract,
letting out said road to different parties, and may furnish to said
parties or contractors such tools, carts, scrapes, etc., as they have,
and may whenever they think proper require of said contractors
bond for the faithful performance of their contracts, and when they
have a general superintendent they may work hired labor or con-
vict labor, as they deem best.
Sec. D. That the Manning's Township road supervisors are
hereby invested with the full power and authorized to purchase
such material, apparatus, implements and machinery, such as
shovels, picks, road scrapes, rollers, plows and all other necessary
material, tools or machinery as in their discretion are to the ad-
vantage and necessary for the work of the said roads, as well as
to purchase such horses, mules or other teams and to employ such
labor as may be necessary to carry on said work, and to pay for the
same out of the Manning's Township road fund.
1909— Chapter 169. 185
Sec. 10. That the Manning's Township road supervisors be and Powers of super-
are hereby authorized and empowered to discontinue and create t?on^^d?scoritirfu-"
new roads, to widen any of the public roads of Manning's Town- ance or change of
ship, wherever and whenever in their opinion wider roads are the
better for lieeping up said roads, not to exceed twenty-four (24) feet
nor less than twenty (20) feet, and, when it can be done, an equal
amount shall be taken from each side of said road. They shall Entry on land
also have the right to enter upon adjacent lands not in cultif ation '°^ materials,
at that time, and take therefrom gravel, dirt or rock and timber
and material for the purpose of working said roads, shade, grove
and fruit trees excepted. Any person so aggrieved may present Arbitration for
their claims to the Manning's Township road supervisors, and if d|ma^ge|"^ °^
they cannot agree upon the damage done, then it may be left to
two disinterested parties, and if they fail to agree they may call
in the third man, and if either party dissents from the said decision
they may take the legal processes of law to settle the same.
Sec. 11. That if at any time the Manning's Township road super- Persons sentenced
visors are having the roads worked by convict labor, then the ^° ^^'"^ °'^ ^°^'^^-
Maj'or of Spring Hope and justices of the peace of Manning's
Township are hereby authorized and empowered in their discretion
to sentence parties convicted in their respective courts, wherein
they have jurisdiction, to work on the public roads of Manning's
Township for a period not over thirty (30) days, and the super-
visors of Manning's Township shall order the cost paid in each case
out of the township road fund, but no convict, under this act, shall
be required to wear stripes.
Sec. 12. That it shall be unlawful for any person to block or Unlawful to ob-
fill up any ditch or waterway by the side or across any public road waterway!'^ °^
in Manning's Township by turning water from hillside ditches into
said roads, without necessary arrangements to carry off said water
without injury to roads, plowing into, in felling trees into or dump-
ing trash or rubbish or underbrush into any such ditches or water-
ways, or in anyway interfering with or preventing the free, un-
interrupted flow of water down or through any such ditches or
waterways. Any such person violating this section shall be guilty Misdemeanor.
of a misdemeanor, and upon conviction shall be fined not more than Punishment,
fifty dollars or imprisoned not more than thirty (30) days, or
sentenced to the roads, under section eleven of this act.
Sec. 13. That if the poll tax of section one of this act is not col- Road duty.
lected, then in that event all persons between the ages of twenty-
one years and forty-five years not living in Spring Hope and sub-
ject to work the roads under the State law, as it now exists, shall
be required, under an overseer appointed by the Manning's Town-
ship road supervisors, as hereinbefin-e mentioned, to work on the
public roads of Manning's Township four days in each year, dating
from June first, one thousand nine hundred and nine: Provided. PToviso: corn-
anyone so subject to the roads may quarterly pay to the clerk of ™"''^'^'°"-
186
1909— Chapter 169—170.
Proviso: exemp-
tion if poll tax
collected.
Punishment for
failure to work.
Power to borrow
money.
Streets of towns.
the road supervisors or to the overseer of the road the sum of
one dollar, shall be excused from working on roads : Provided,
hoicever, that if poll tax is collected, then all persons referred to
above shall be exempt from free working of public roads from
and after June first, one thousand nine hundred and nine; and
any person, after having three days' notice in the same manner as
hands are ordered to work public roads under the State law, and
shall 'fail to do so or pay the dollar, shall be punished according to
the State law for the same offense.
Sec. 14. That said Manning's Township road supervisors are
hereby authorized and empowered that whenever it is necessary
to carry on the work in the summer and fall seasons, they may
borrow such sums of money, not exceeding seventy-five per cent of
the tax for that year, and shall pay the same out of next tax col-
lected.
Sec. 15. That no part of the tax collected under this act shall
be spent on the streets of any incorporated town, or otherwise af-
fect them in their present manner of working their streets.
Sec. 16. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 17. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 16th day of February, A. D. 1900.
CHAPTER 170.
AN ACT TO REGULATE IirNTING IN PENDER COUNTY.
Hunting on lands
of others.
Misdemeanor.
Punishment.
The General Assembly of 'North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons,
with gun or dog, to hunt upon any lauds of another in Pender
County without first having received written permission to do so
from the owner of said lands.
Sec. 2. That a violation of this act shall constitute a misde-
meanor, and the ofl'ender upon conviction shall be fined not less
than five dollars nor more than ten dollars or imprisoned not more
than ten days.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 16th day of February, A. D. 1909.
1909— Chapter 171—172—173. 187
CHAPTER 171.
AN ACT TO AMEND SECTION 1506 OF THE REVISAL OF 1905,
RELATIVE TO THE TBIE OF HOLDING COURTS IN TYR-
RELL COUNTY.
The General Assemblij of North Carolina do enact:
Section 1. That chapter twenty-eight of the Revisal of one thou-
sand nine hundred and five, section one thousand five hundred and
six, title "First District," in regard to the courts in Tyrrell County,
be amended to read as follovi'S : "Tyrrell County — Eighth Tuesday Beginning of
after the first Monday in March ; ninth Tuesday after the first
Monday in September."
Sec. 2. That this act shall take effect from and after its ratifica-
tion.
Ratified this the 16th day of Februarj', A. D. 1909.
CHAPTER 172.
AN ACT TO APPOINT JUSTICES OF THE PEACE IN WAYNE
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That Hugh Humphrey be and he is hereby appointed Goldsboro town-
a justice of the peace in Goldsboro Township, Wayne County ; that New Hope town-
W. D. Herring be and he is hereby appointed a justice of the peace ^^'P-
in New Hope Township, Wayne County ; that J. L. Williamson be Brogden town-
aud he is hereby appointed a justice of the peace in Brogden Town- " "^"
ship, Wayne County.
Sec. 2. Their terms of office shall be for four years, said terms to Term of office.
begin upon the ratification of this act, and they shall have thirty Time for qualili-
days within which time to qualify. '^^ '""■
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 16th day of February, A. D. 1909.
CHAPTER 173.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF CAS-
WELL COUNTY TO LEVY A SPECIAL TAX.
The General Assembhj of North Carolina do enact:
Section 1. That the Board of County Commissioners of Caswell Special tax
County are hereby authorized and empowered to levy a special ^^ 'o^ize .
tax in the years one thousand nine hundred and nine and one thou- Years.
188
1909— Chapter 173—174 — 175.
Rate.
Purpose.
Levy and col-
lection of tax.
sand nine hundred and ten, not to exceed thirty-five cents on every
one hundred dollars' worth of taxable property in said county and
one dollar and five cents on the poll, the constitutional equation
to be observed in said levies, the said special tax being for the
purpose of meeting the ordinary expenses of the county.
Sec. 2. That said special tax be levied at the same time with the
other levies in said years, and collected and accounted for by the
sherifl: or other tax collector of said county, under the same penal-
ties and within the time that the other taxes levied for said county
are collected.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Eatified this the IGth day of February, A. D. 1909.
Close season.
Misdemeanor.
Punisliraent.
Application of
act.
CHAPTER 174.
AN ACT REGULATING THE HUNTING OF FOXES IN CHAT-
HAM COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt
foxes, with gun or dogs, or trap or carry out of the State any fox
between the first day of February and the first day of October of
each year.
Sec. 2. That any person violating this act shall be guilty of a
misdemeanor, and upon conviction shall be fined not less than five
dollars nor more than fifty dollars or imprisoned not more than
thirty days.
Sec. 3. That this act shall only apply to Chatham County.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 16th day of February, A. D. 1909.
CHAPTER 175.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF MOORE COUNTY TO ISSUE BONDS FOR THE PURPOSE
OF ERECTING BRIDGES IN SAID COUNTY AND FOR
THE PAYMENT OF THE INDEBTEDNESS AGAINST SAID
COUNTY.
The General Asscnibly of North Carolina do enact:
Purposes of issue. SECTION 1. That in order to provide funds for the building of
bridges in Moore County and the payment of indebtedness against
said county for bridges already built and contracted to be built, and
1909 — Chaptek 175.
189
for the purpose of the payment of the outstanding indebtedness
against said county contracted for the necessary expenses, and for
the purpose of paying the indebtedness of said county that may
be contracted during the year one thousand nine hundred and nine
for necessary expenses of said county, the Board of Commissioners Bond if|^'|
of Moore County is hereby authorized and empowered to issue
and sell coupon bonds of the said county to an amount not exceed- Amount,
ing twenty thousand dollars ($20,000) in denominations of not less Denominations.
than five hundred nor more than one thousand dollars, bearing
interest from date of bonds at a rate not to exceed five per cent interest.
per annum, and payable annually on the first day of January of Maturity.
each year until said bonds are paid, both principal and interest
payable at the office of the Treasurer of Moore County, one thou-
sand dollars of said issue to mature on the first day of January,
one thousand nine hundred and fourteen, and one thousand dollars
on the first day of January in each year thereafter, the date of
said bonds to be fixed by the board of commissioners of said county.
The said bonds shall be signed by the chairman of the board of Authentication,
commissioners of said county and shall be countersigned by the
clerk of said board, and shall have affixed thereto the seal of the
office of the register of deeds of said county. The said bonds shall
be numbered consecutively, and the interest coupons attached shall
be identified by numbers corresponding to the bond to which they
are attached, and shall have such other evidences of identity as
said board of commissioners may prescribe, and shall be signed
by the chairman of said board of commissioners or shall have his
lithographed signature thereon: Provided, that the said board of Proviso, powe^^
commissioners shall have power to reduce the number and amount issue or sell bonds
of the bonds provided for in this act, and may issue and sell por-
tions of the bonds herein authorized at difCerent times, not to ex-
ceed the amount herein authorized, in their discretion.
Sec. 2. No bond issued under the provisions of this act shall be Bonds n_ot sold
sold or otherwise disposed of for less than its par value.
Skc. :1 The said clerk of the board of couunissioners shall keep a Record of bonds.
book suitable for the purpose, in which he shall keep an accurate
account of the number of bonds issued, the amount of each bond
and the name of the person to whom sold. He shall also keep an
accurate account of the coupons and bonds which shall be paid,
taken up or otherwise canceled, so by an inspection of said book the
true state of the bonded debt herein provid(Ml for may be seen and
easily ascertained. Said book shall at all times be open to any
taxpaver in the county.
Sec' 4. That the said bonds, at the option of the holder or holders Registered bonds,
thereof, shall be registered by the clerk of the board of county
commissioners of said county, and after such registration shall be
transferable only by indorsement.
190 1909— Chapter 175.
Advertisement Sec. 5. That before disposiug of said bonds or any part thereof
provided for in this act, the said Board of Commissioners of Moore
County shall, by public notice, to be printed in some financial news-
paper for thii'ty days and in such other way as in their discretion
Bids. may be determined upon, invite bids therefor. Said bids may be
for the whole amount of said issue or any part thereof, and shall
be sealed and deposited with the chairman of the board of county
commissioners and by him safely kept, unopened, until the date
Opening of bids, fixed in the publication for the consideration thereof, when the
same shall be opened in the presence of such citizens of the county
as may desire to attend, and the said commissioners shall proceed
to award and allot to said purchasers or any one of them as many
Proviso: power to of the bonds as they may then desire to dispose of : Provided, Jioiv-
cvcr, that the said board of commissioners may reject any or all
of said bids, in their discretion.
Specific appro- Sec. 6. That the proceeds arising from the sale of the bonds is-
sued under the provisions of this act shall constitute a separate
and distinct fund, to be applied and appropriated to the purpose
for which they are issued, as provided herein; that the proceeds
arising from the sale of said bonds shall be paid to the treasurer
of the county of Moore, and his official bond shall be liable for
any misappropriation thereof; and the board of commissioners
shall cause said treasurer of said county to open and keep separate
Commission of accounts of said funds ; that the said treasurer shall be entitled
to one per cent of the amount of said funds legally disbursed by
him, but shall not be allowed anything for the collection and re-
ceipt of said funds.
Tax for interest Sec. 7. That in order to pay the interest on said bonds as it may
fund!"^^'"^ accrue, and provide a sinking fund to pay the principal of said
bonds at maturity, the said board of commissioners of said county
are hereby authorized and empowered and directed to levy a spe-
cial tax annually on all taxable property and taxable polls in the
Rate. county of Moore of not exceeding five cents on every one hundi*ed
dollars' ($100) worth of taxable property and fifteen cents on each
Levy and collec- taxable poll in said county. The said taxes shall be levied and
ax. collected and shall be imposed upon such property, polls and other
subjects of taxation as are now or may hereafter be subject to
taxation under the laws of this State, and said tax shall be col-
lected by the ofiicers of said county charged with the collection
of other county taxes, who shall in respect thereto be liable of-
ficially as well as personally to all the requirements of law now
prescribed or which may herein be prescribed for the faithful
collection and the payment of other taxes.
Purchase of Sec. 8. That said board of commissioners shall have power and
authority, at any time after the maturity of the first bond herein
authorized, in case such agreement can be made with the holder
of said bonds, to purchase and redeem any of the outstanding bonds
1909— Chapter 175—176. 191
agaiust said county authorized and issued under the provisions
of this act, at a price not exceeding the amount for which said
bonds were sold, with accrued interest due thereon to the date of
said repurchase or redemption.
Sec. 9. That this act shall be in force from and after its ratifica-
tion.
Ratified this the IGth day of February, A. D. 1909.
CHAPTER 176.
AN ACT RELATIVE TO THE PROPERTY OF INSANE PEOPLE
DISCHARGED FROM THE INSANE ASYLUMS.
The General Asseniblij of North Carolina do enact:
Section 1. That any person who may have been declared of un- Certificate from
sound mind and memory, under section one thousand eight hundred of hospital. ^^
and ninety-one, Revisal of one thousand nine hundred and five, and
acts amendatory thereof, and a guardian for said person appointed,
may be fully restored to his rights to manage his or her property
by a certificate from the superintendent of such hospital where such
person of unsound mind and memory may have been confined stat-
ing that such insane person has been restored to sound mind and
memory.
Sec. 2. Such certificate shall be sworn to and subscribed before Certificate sworn
the clerk of the Superior Court or notary public for the county in '^"'^ subscribed.
which the hospital wherein such person of unsound mind and mem-
ory has been confined is located, and certified under the seal of said Certified to county
court to the clerk of the Superior Court of the county wherein ''^ ^^^''^'^"''®-
said person of unsound mind and memory has his legal residence,
immediately before being declared of unsound mind and memory.
Sec. 3. That the clerk of such resident county shall record such Certificate to be
certificate and immediately issue a notice to the guardian of such Notice^o guardian
person, requiring him to file his final account within sixty days ^""^ ^"^^ ^^^°"'^'^-
from the date of service of said notice ; that from the date of Person restored
docketing the record of such certificate the person formerly of un- ^° ^*^^^^ "^^''*'
sound mind and memory shall be restored to all his legal rights.
Sec. 4. That all laws in confiict with this act be and the same
are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the lOth day of February, A. D. 1909.
192
1909— Chapter 177—178—179.
CHAPTER 177.
AN ACT TO AMEND SECTION 1409 OP THE RE VI SAL OF
1905, RELATING TO THE ELECTION OF JUSTICES OF TUB
PEACE.
Election in
Forsytli county.
The General Assemhly of 'Morlli Carolina do enact:
Section 1. That section one thousand four hundred and nine of
the Revisal of one thousand nine hundred and five be amended by
striliiug out the word "Forsyth," in the fourth line of said section.
Ratified this the IGth day of February, A. D. 1909.
CHAPTER 178.
AN ACT TO AMEND SECTIONS 16G1 AND 1662, CHAPTER 35
OF THE REVISAL, IN REFERENCE TO FENCES IN NORTH-
AMPTON COUNTY.
Four and one-half
foot fence.
Four-foot fence.
The General Assemhly of Xorth Carolina do enact:
Section 1. That section one thousand six hundred and sixty-one,
chapter thirty-five of the Revisal of one thousand nine hundred and
five, be amended by striking out the \voi\l "Northampton," in line
five thereof.
Sec. 2. That section one thousand six hundred and sixty-two,
chapter thirty-five of the Revisal of one thousand nine hundred and
five, be amended by striking out the word "and," in line three, be-
tween the words "Madison" and "McDowell," and adding the words
"and Northampton" at the end of said section, after the word "Mc-
Dowell."
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the IGth day of February, A. D. 1909.
CHAPTER 179.
AN ACT TO PAY JURORS IN STOKES COUNTY.
Regular juror.s.
Tales jurors.
The General Assembly of North Carolina do enact:
Section 1. That all jurors who are summoned and v.ho serve on
the jury in the Superior Courts of Stokes County shall receive two
dollars per day for their services and five cents per mile each way,
and all tales jurors who serve shall receive one dollar and fifty
cents per day and no mileage ; and all jurors summoned in capital
1909— Chapter 179—180—181.
193
cases aud who serve as special veuire shall receive two dollars per Special venire-
day for their services and five ceuts per mile each way, and those
who were summoned and do not serve shall receive one dollar each Application of act.
per day and no mileage.
Sec. 2. This act shall apply only to Stokes County.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the IGth day of February, A. D. 1909.
CHAPTER 180.
AN ACT RELATIVE TO THE ROAD LAW OF THOMASVILLE
TOWNSHIP, DAVIDSON COUNTY.
The General AssemMy of North Carolina do enact:
Section 1. That sections two thousand seven hundred and twelve Sections of
to two thousand seven hundred and twenty-six, inclusive, chapter ap^pUc^ble!
sixty-five of the Revisal of one thousand nine hundred and five,
shall not be applicable to Thomasville Township, in Davidson
County, as long as the public roads of said township are worked
by taxation.
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 16th day of February, A. D. 1909.
CHAPTER 181.
AN ACT TO PROTECT SQUIRRELS IN CENTRAL AND
ELIZABETHTOWN TOWNSHIPS, BLADEN COUNTY.
The General AsHemlily of North Carolina^ do enact:
Section 1. No person shall hunt, kill or shoot any squirrel be- close season.
tween the first day of March and the first day of November in each
year, and any person violating this act shall be guilty of a mis- Misdemeanor.
demeanor, and upon conviction shall be fined or imprisoned, or Punishment.
both, in the discretion of the court.
Sec. 2. Provided, that this act shall only apply to Central and Application of act.
Elizabethtown townships, in Bladen County.
Sec 3. That this act shall be in force after its ratification.
Ratified this the IGth day of February, A. D. 1909.
Pul).— ].•',
194
1909— Chapter 182.
CHAPTER 182.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF LINCOLN
COUNTY TO SELL THE PRESENT LANDS AND HOME
OF THE AGED AND INFIRM AND TO BUY OTHER PROP-
ERTY IN THE COUNTY OF LINCOLN UPON WHICH TO
ERECT A NEW HOME FOR AGED AND INFIRM, AND TO
ISSUE BONDS FOR SAID PURPOSE.
Power to sell, pur-
chase and build.
Proviso: proceeds
of sale expended
on new home.
Sale public or
private for cash
or credit.
Bond issue
authorized.
Interest.
Amount.
Bonds to be
numbered.
The General Asseml)lij of NortJi Carolina do enact:
Section 1. That the Board of Commissiouers of Lincoln County
be and they are hereby authorized and empowered, in their dis-
cretion, if they deem it advisable, at any of their regular monthly
meetings in any year or at a special meeting called for that pur-
pose, to sell the present home and land of the aged and infirm now
owned by Lincoln County or any part of said land or buildings,
or both, and buy other propertj^ anywhere in the county of Lincoln,
and erect thereon a new home for the aged and infirm : Provided,
hoioever, the money arising from the sale of said land, the present
home of the aged and infirm, either buildings or laud, or both,
shall be expended by said commissioners in purchasing another lot
or tract of land and erecting thereon a home for the aged and in-
firm.
Sec. 2. That the present land and home of the aged and infirm
shall be sold by the commissioners for cash or on credit of six or
twelve months, or part cash and balance in six and twelve mouths,
title being reserved until payment of the purchase money in full,
and said sale shall be made either publicly or privately, and if sold
publicly, then after thirty days' advertisement in some newspaper
published in Lincoln County, therein fixing a day and time of sale,
or if sold privately, then upon such price as in the sound dis-
cretion of the board of county commissioners shall appear to them
as a fair and reasonable price, if said commissioners shall deem
it advisable to sell said property.
Sec 3. That the county commissioners of Lincoln County, for the
purpose of building a home for the aged and infirm in said county
and buying land upon which to erect and build the same, are au-
thorized and empowered to issue bonds, bearing interest at a rate
of not more than six per cent per annum, to the amount of not
exceeding twelve thousand five hundred dollars, to each and every
of which shall be attached the coupons representing the interest
on said bonds, which said coupons shall be due and payable on the
first day of January of each and every year until the bonds shall
become due. The bonds so issued by said commissioners shall be
numbered from one to twenty-five, consecutively, and the coupons
shall bear the number corresponding to the bond to which they are
attached, and shall declare the interest which they represent and
1909 — Chaptee 182.
195
when the interest is due, aud shall be for a period not exceeding Maturity,
ten years from their issue.
Sec. 4. That said bonds shall be issued under the signature of Authentication.
the chairman of the board of county commissioners aud counter-
signed by the register of deeds of said county or clerk of the said
board of county commissioners and attested by the official seal of
said county ; and the said chairman of said board of county com- Sale of bonds.
missiouers shall, under the direction of the board of commissioners
of said county, dispose of said bonds as the necessity of the prosecu-
tion of the work may require, at a sum not less than their par
value, and pay the proceeds arising from the sale of said bonds to
the Treasurer of Lincoln County, whose commission for receiving
and disbursing the same shall in no case exceed one-half of one
ner cent Said treasurer shall keep said funds separate from all Specific appropri-
,,,,..., ation.
Other funds, and shall pay out the same only upon the order of the
chairman of the board of commissioners for said county. Every
such order or orders shall state upon its face that it is for the
home of the aged and infirm : Provided, that the bonds may issue Proviso: bonds
" -, „ . , T , .J sold as needed.
and be sold only as the work progresses; and Provided rw"'^/", issue to cease.
that the issue and sale of said bonds shall cease at the discretion
of the board of county commissioners.
Sec. 5. That for the purpose of paying the interest as it falls Tax fo[j^int^erest^
due on said bonds, and of providing a sinking fund for the redemp-
tion of said bonds, it shall be the duty of said county commissioners
to levy and cause to be collected annually as other county taxes
are levied and collected a tax upon the real and personal property
of said county, not exceeding fifteen cents on the one hundred dol-
lars' worth of property and forty-five cents on the poll, for each
and every year, until said bond issue has been fully paid and dis-
charged.
Sec. G. That in order that the commissioners of Lincoln County Bonds subject to
may use the excess funds raised by taxation under this act, after
paying annually interest accrued on said bonds, they are authorized
and empowered to purchase annually one-tenth of said bonds ; and
in case no one shall offer to sell one-tenth of said bonds, issued at a
sum not exceeding their par value, then the said commissioners are
authorized to designate said bonds, not exceeding one-tenth of the
whole number issued, as they may desire to purchase, and after the
designation of said bonds and a notice thereof, given through a
news|)aper pul)lished in Lincoln County, if the holder or holders
of said bond or bonds shall refuse to surrender the same and
receive the par value, with interest accrued at the time of such
notice, then the holder shall not receive any interest subsequently
accruing: Provided, the said bonds shall be affected with the con- Proviso; condi-
tions to d6 cx~
ditions of this act only when said conditions are expres.sed upon pressed on bonds.
the face of the bonds.
196
1909— Chapter 182.
Record of bonds.
Sale at discretion
of county com-
missioners.
Bond issue or
special tax at
dlscretloif of coun-
ty commissioners.
Eminent domain.
Discretion of
commissioners.
Special repealing
clause.
Sec. 7. That the commissioners of said county shall provide a
record, which shall be kept by their clerk, in which shall be entered
the name of every purchaser of a bond and the number of the
bond purchased. They shall also cause to be kept a record of the
bonds redeemed annually; and the bonds, when redeemed and re-
corded, shall be canceled, in the presence of the board of county
commissioners, by some one of their number or by their clerk,
under their direction.
Sec. 8. That if said commissioners shall deem it inadvisable and
not for the best interests of Lincoln County to sell the property
or buildings, or both, mentioned in section one of this act. and
buy other property upon which to erect a home for the aged and
infirm, then they may in their discretion issue bonds provided
herein, or so much thereof as may be necessary to build a new
home for the aged and infirm upon the lands now owned by the
county, or repair the present one.
Sec. 9. Provided, the said board of county commissioners may,
. in their discretion, if said board deem it unnecessary to issue the
bonds provided in section four of this act, or any part of said
bonds, and they are hereby authorized and empowered to levy an-
nually, as other taxes are levied, a special tax of not more than
twenty cents on the one hundred dollars valuation of property and
sixty cents on each poll, for a period not exceeding three years, for
the purpose of defraying the expenses of erecting new buildings or
repairing, or both, and to purchase additional woodland for the
purpose of obtaining wood and fuel, or either, or buying other
property upon which to erect new buildings, and for the purpose
of erecting new buildings upon said property so purchased, said
taxes to be kept separate and apart from other taxes by the Treas-
urer of Lincoln County, and paid out only upon the order of the
chairman of the said board of commissioners. Said board of county
commissioners are authorized to expend not exceeding twelve thou-
sand five hundred dollars.
Sec. 10. To carry out the purposes of this act, the said board of
county commissioners is hereby invested with the power of eminent
domain.
Sec 11. Nothing in this act shall be construed to compel the
Board of County Commissioners of Lincoln County to purchase
said land or to build a new home.
Sec. 12. That section one thousand three hundred and eighteen,
paragraph twenty-eight, of the Revisal of one thousand nine hun-
dred and five be and the same is hereby repealed, in so far as this
act applies.
Sec 13. That all laws and clauses of laws in conflict herewith
are hereby repealed.
Sec 14. That this act shall be in full force and effect from and
after date of ratification.
Ratified this the 16th day of February. A. D. 1909.
1909— Chapter 183—184. 197
CHAPTER 183.
AN ACT RELATING TO FEES OF OFFICERS IN CERTAIN
CASES.
The General Assembly of North Carolina do enact:
Section 1. Whenever in a criminal action or proceeding before Half fees to
a gruiid jury a true bill is not found, the county shall pay the fg^ored."^^^" ^*"
clerks, sheriffs, constables or officers who served any process in .
such criminal action or proceeding one-half their lawful fees only.
Sec 2. This act shall only apply to the county of Bladen. Application of act.
Sec. 3. All laws in conflict with this act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 184.
AN ACT TO AUTHORIZE THE GOVERNOR TO APPOINT SPE-
CIAL POLICEMEN FOR RUTHERFORD COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That any corporation engaged in the manufacture of Application to
cotton or woolen goods may apply to the Governor to commission ^o^^rnor.
such person or persons as said corporation may designate to act
as policemen for said corporation.
Sec. 2. The Governor, upon such application, may appoint such Governor to make
persons or so many of them as he may deem proper to be such appointment,
policemen, and shall issue to such person or persons so appointed a Commission to
commission to act as such policemen. issue.
Sec 3. Every policeman so appointed shall, before entering upon Policemen to be
the duties of his office, take and subscribe the usual oath. Such oat™filed
oath, with a copy of the commission, shall be filed with the clerk
of the Superior Court of the county in which such corporation is
so engaged in business, and such policemen shall severally possess Powers of
within the limits of the county in which such corporation is so po^'cemen.
engaged in said business all the powers of policemen in the sev-
eral towns and cities in which they shall be so authorized to act
as aforesaid.
Sec 4. Such policemen shall, when on duty, each wear a metal- Badge of
lie shield, with the words "Corporation Police" and the name of Pol'ce™en.
the corporation for which appointed inscribed theixon, and said
shield shall be worn in plain view, except when employed as a
detective.
Sec. 5. Such policeman shall, before entering upon the discharge Policemen to
of liis duties, file a good and sullicient bond, to be approved by the ^'^® bond,
clerk of the Superior Court in the county for which appointed, in
•a sum of not less than five hundred dollars.
198
1909— Chapter 184— 185— 180.
Term of office.
Removal for
cause.
Sec. 6. The term of office of every person so appointed shall be
two years, subject to removal by the Governor, for cause.
Sec. 7. That this act shall apply only to Rutherford County.
Sec. S. That this act shall be in force from and after its ratitica-
tiou.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 185.
AN ACT TO AMEND CHAPTER 40, SECTION 1S72, OF THE
REVISAL OF 190.5, IN REFERENCE TO HUNTING.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand eight hundred and seventy-
two, chapter forty of the Revisal of one thousand nine hundred
and five, be amended by adding after the last word in said section.
Proviso: non- in line fifteen, the words "Provided, however, that the nom-esident
parent^of^ resident t'liild or parent of a resident owner of land in this State shall be
landowner. allowed to hunt on the lauds of his parent or child as though he
were a resident of this State."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 17th day of February. A. D. 1909.
CHAPTER 186.
AN ACT TO AMEND SECTION 33S2 (a) OF CHAPTER 81 OF
THE REVISAL OF 1905, RELATIVE TO OBSTRUCTING
STREAMS IN CATAWBA COUNTY. NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand three hundred and
eighty- two ( a ) of chapter eighty-one, on page one thousand and one
of the Revisal of one thousand nine hundred and five, be and the
Proviso: sawmills same is hereby amended as follows: "Provided, the provisions of
power^ ^^ ^^ tliis act shall not be construed to include sawmills run by water
power in Catawba County which were erected prior to the first day
of January, one thousand eight hundred and ninety-nine."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February, A. D. 1909.
1909— Chapter 187—188. 199
CHAPTER 187.
AN ACT TO CREATE A NEW TOWNSHIP IN ROBESON
COL'NTY BY TAKING A PART OF BRITT'S AND STER-
LING'S TOWNSHIPS, OF SAID COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That there be and there is hereby created a new town- New township
ship in the county of Robeson by talking a part of Britt's and Ster-
ling's townships, embraced within the following described territory,
to-wit : Beginning at a point on Lumber Liver known as the Piney Boundaries.
Island and running thence to Sandy Level ; thence a direct line to
E. K. Atkinson's, on Hog Swamp; thence down Hog Swamp to
"Bird's Crossing"; thence along the public road to Will Leggett's
ginhouse; thence along the Orrum County Road to the Raleigh
and Charleston Railroad ; thence a direct line to J. P. Barnes' old
homestead; thence a straight line to a point on Lumber River
known as the "Round Hole" ; thence up said river to the beginning.
Sec. 2. That said new township, set out by metes and bounds Orrum township,
as given in the preceding section, shall be known as "Orrum Town-
ship," and by said name it shall do and transact any and all busi-
ness and be entitled to any and all privileges as are now allowed
by law for other townships in the said county of Robeson : Pro- Proviso: poUing
vided, however, the voting precinct in said township shall be in the P ^^^•
town of Orrum.
Sec. 3. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 17th day of February, A. D. 1000.
CHAPTER 1!
AN ACT TO APPOINT FRED. C. FISHER A JUSTICE OF THE
PEACE IN ANT) FOR THE COUNTY OF SWAIN. WITH THE
RIGHT TO PRACTICE LAW.
The General Assembly of North Carolina do enact:
Section 1. That Fred. C. Fisher be and he is hereby appointed Appointment.
a justice of the peace in and for the county of Swain, in Charleston
Townshij), for the term of eight years, with authority to practice Term.
law : Provided, he shall not practice in the appellate court in any Proviso: practice
. „ , . in appellate court,
case tried before him.
Sec. 2. That all laws and clauses of laws in conflict with this a<t
are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 17th day of February, A. D. 1909.
200
1909— Chapter 189—190.
CHAPTER 189.
AN ACT TO REGULATE THE TERMS OF THE SUPERIOR
COURT OF MONTGOMERY COUNTY.
Terms tor trial of
criminal actions.
Proviso: return
term and motions
on civil docket.
Proviso: jury
trials of civil cases
by consent.
Terms for trial of
civil cases.
TJie General Assemhly of North Carolina do enact:
Section 1. That there shall be held iu the couuty of Montgomery
the following terms of the Superior Court, which shall be for the
trial of criminal actions only, viz. : On the sixth Monday before
the first Monday in March and on the ninth Monday before the
first Monday in September, each of said terms to continue for one
week : Provided, that each of said terms shall be a return term for
civil process and for hearing of motions on the civil .docket : Pro-
vided further, that the civil cases requiring a jury may be tried
at each of said terms by a consent of the parties thereto.
Sec. 2. That there shall be held in said county the following
terms of the Superior Court foi* the trial of civil actions only, viz. :
On the sixth Monday after the first Monday in March, said term
to continue for one week ; also on the second Monday after the
first Monday in September, said term to continue for two weeks.
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 and effect from and after
its ratification.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 190.
AN ACT TO AMEND SECTION 1506 OF THE REVISAL OP 1905,
RELATIVE TO TIME OF HOLDING CERTAIN COURTS IN
THIRD DISTRICT.
The General Assembly of North Carolina do enact:
Terms abolished. SECTION 1. Amend the subsection entitled "Third District," of
section one thousand five hundred and six of the Revisal of one
thousand nine hundred and five, as it relates to the holding of
cou.rts in Carteret County, by striking out the words "Carteret
Couuty, first Monday after the first Monday in March and sixth
Monday after the first Monday in September," and insert iu lieu
Terms established, thereof the following : "Carteret County, first Monday after the
first Monday in March, the second Monday after the first Monday
in June and sixth Monday after the first Monday in September."
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the 17th day of February. A. D. 1909.
1909— Chapter 191. 201
CHAPTER 191.
AN ACT RELATING TO THE MANAGEMENT AND CON-
TROL OF AUTOMOBILES AND OTHER VEHICLES UPON
THE PUBLIC ROADS AND HIGHWAYS OF CUMBERLAND
COUNTY.
Tlw General Assembly of Nai-th Carolina do enact:
Section 1. That all persons riding on bicycles, tric5'Cles, tandem Jiotor vehicles to
bicycles, locomobiles, automobiles, motorcycles or other motor ve- i-oad^fj^e" '"^ ®°
hides shall, on meeting carriages or other vehicles, keep to the
right, so as to leave two-thirds of the road free : Provided, hoic- Proviso: rate of
ever, that any person operating a locomobile, automobile, motor-
cycle or other motor vehicle on any public road or highway or in
any public place in Cumberland County shall not operate the same
at *a rate of speed greater than is reasonable and proper, having
due regard to the use in common of such public road, highway or
public place, or so as to endanger the life and limb of any per-
son : Provided, that at a sharp curve in any public road or high- Proviso: rate on
way or at a crossing of the same the rate of speed shall not ex- ^ ^ urves.
ceed six miles an hour, and that on meeting or passing carriages Meeting or passing
vehicles
or vehicles on the public roads the rate of speed shall not exceed
ten miles an hour ; and Provided, that any person operating a Proviso: to stop
locomobile, automobile, motorcycle or other motor vehicle on any °" '•^sna .
such public road or highway or public place in said county shall,
at request or on signal by putting up the hand from the person
riding, leading or driving a horse or horses or other animals,
bring such locomobile, automobile, motorcycle or other motor ve-
hicle immediately to a stop, and if traveling in the opposite direc-
tion shall remain stationary so long as may be reasonably neces-
sary to allow such horse, horses or animals to pass ; and in case Motor to cease
such horses or other animals appear to be frightened, and he is '''^'""'"S-
requested so to do, the person operating such locomobile, automo-
bile, motorcycle or other motor vehicle shall cause the motor
thereof to cease running so long as shall be necessary to prevent
accident and insure the safety of persons using such public road,
highway or public place; and, if traveling in the same direction,
use reasonable care and caution in thereafter passing such horse,
horses or other animal, and be under the same restrictions as are
herein provided, relating to stopping at request or by signal by
putting up the hand; and Provided, that such locomobile, autonio- Proviso: lamps,
bile, motorcycle or other motor vehicle shall, during the period
from one hour after sunset to one hour befoi-e sunrise, exhibit a
lamp or lamps showing a white light or lights for a reasonable
distance in the direction towards which such vehicle is proceeding,
and also showing a red light or lights in the reverse direction, and Brakes and bells,
shall also be provided with and use at all necessary times a good
202
1909— Chapter 191—192.
Acts declared
misdemeanors.
Punishment.
Number attached.
Number to be
registered.
Fee of cleric.
Regulations by
cities and towns.
and sufficient brake and a suitable bell, horn or other sigual ; aud
no person shall, through mischief or without reasonable excuse or
cause, request any person or persons operating a locomobile, auto-
mobile, motorcycle or other motor vehicle or signal him by putting
up the hand to stop. If any person purposely violates and will-
fully neglects or refuses to comply with or violates any of the pro-
visions of this section, or in any other manner willfully hinders or
purposely obstructs auy person in the free passage of any such
road or highway, he shall be guilty of a misdemeanor, and on con-
viction thereof before any justice of the peace or other court hav-
ing .lurisdlction for every such offense be fined not more than fiftj'
dollars or imprisoned not more than thirty days.
Sec. 2. It shall be the duty of the owner or other person oper-
ating a locomobile or automobile in the county of Cumberland to
attach to the front and on the rear of auy such locomobile or auto-
mobile or other vehicle the number of such machine in plain 'fig-
ures, so as to be easily read, with a metal plate attached to or
suspended from said vehicle or machine, and to register the num-
ber of said machine with the clerk of the Superior Court of said
county, in a book kept by him for that purpose, with the name of
the owner set opposite such number, for which the owner shall pay
to the clerk a fee of one dollar.
Sec. 3. Nothing in this act shall be construed to prevent any
incorporated city or town in said county making such ordinances
as it may deem proper to regulate the running of locomobiles,
automobiles and other vehicles mentioned herein within the incor-
porated limits thereof.
Sec. 4. That all laws and parts of laws in contlict herewith are
hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February. A. D. 1909.
CHAPTER 192.
AN ACT TO FIX THE TIME FOR HOLDING THE TERMS OF
THE SUPERIOR COURT OF ROBESON COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That section one thousand five hundred and six of
the Revisal of one thousand nine hundred and five be amended by
striking out all after the words "Robeson County," on page four
hundred and forty-nine, and before the words "Bladen County," on
page four hundred and fifty, and inserting ii> lieu thereof the fol-
lowing: "the fourth ^Monday before the first Monday in March and
1909— Chapter 192—193. 203
the ninth Monday "before the first Monday in September, eacli to Terms tor trial of
continue for two weeks, for the trial of criminal cases exclusively ;
the first Monday after the first Monday in September, to continue
for one week, for the trial of criminal cases exclusively ; the ninth
Monday after the first Monday in September, to continue for two
weeks, for the trial of criminal cases exclusively ; the fourth Mon- Terms for trial of
day after the first Monday in March, to continue for two weeks,
for the trial of civil cases exclusively ; the eleventh Monday after
the first Monday in March and the fifteenth Monday after the first-
Monday in March, each to continue for one week, for the trial of
civil cases exclusively; the fourth Monday after the first Monday
in September and the thirteenth Monday after the first Monday in
September, each to continue for two weeks, for the trial of civil
cases exclusively."
Sec. 2. That so much of chapter five hundred and sixteen, Pub-
lic Laws of North Carolina, session of one thousand nine hundred
and seven, as is in coufiict with this act, be and the same is hereby
repealed.
Sec. 3. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 193.
AN ACT FOR RELIEF OF ABNER NASH, EX-REGISTER OF
DEEDS OF ROBESON COUNTY.
77(6 General Assenibly of Tsiortli Carolina do enact:
Section 1. That the Treasui'er of Robeson County, North Caro- Allowance for
lina, is hereby authorized and instructed to pay to Abner Nash, copying' special
ex-Register of Deeds of Robeson Countj', the sum of two (2) cents road tax.
per name of each taxpayer whoso name is on the tax books of
Itol)eson County for the year one thousand nine hundred and eight,
for calculating and copying on said tax books the amount of special
tax levied upon each taxpayer for public-road purposes for the
year one thousand nine hundred and eight.
Sec. 2. That said amount shall be paid out of the road fund of Amount paid
Robeson County, and that the county treasurer charge each town- ^^'^ ^°^ "" "
ship road fund its proportional part of said amount, and the re- Vouchers.
ceipts for the same, executed by the said Abner Nash, shall be
adequate vouchers for the county treasurer on the final settlement
of his accounts with the proper authorities.
Sec. .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February, A. D. 1909.
204
1909— Chapter 194—195.
CHAPTER 194.
Meetings of road
supervisors.
AN ACT TO AMEND CHAPTER G5, SECTION 2712, OF THE
REVISAL OF 1905, RELATING TO PUBLIC ROADS.
The Ocneral Assemhly of North Carolina do enact:
Section 1. That section two thousand seven hundred and twelve,
chapter sixty-five of the Revisal of one thousand nine hundred and
five, be amended as follows: Strike out the word "February," in
lines four and nine, and insert the word "April" in place thereof,
and strike out the word "August," in lines five and seven, and
iu.sert in place thereof the word "October."
Application of act. Sec. 2. That this act shall apply to Bladen County only.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 195.
AN ACT TO AMEND SECTION 2727 OF THE REVISAL OF
1905, REGULATING THE USE OF TRACTION ENGINES AND
ROAD STEAMERS ON THE PUBLIC ROADS OF RANDOLPH
COUNTY.
Proviso: use of
planlcs to protect
bridges and
culverts.
Misdemeanor.
Punishment.
Owners liable for
damages.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand seven iiundred and twenty-
seven of the Revisal of one thousand nine hundred and five be
and the same is hereby amended by adding at the end thereof the
following: "Provided, that the owners and operatives of any ti-ac-
tion engine or road steamer shall, when running same on any pub-
lic road, carry with them at least two two-by-twelve-inch oak
planks not less than twelve feet long, and, when running the trac-
tion engine or road steamer across any bridge or culvert, shall
place said planks so as to protect such bridge or culvert and pre-
vent any injury thereto.
Sec. 2. Any person, firm or corporation 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 exceed-
ing thirty days.
Sec. 3. Any person, firm or corporation using a traction engine
or road steamer on any public road shall also be held to answer in
damages for the actual amount of any and all injuries to bridges
and culverts on the public roads which shall be occasioned thereby,
regardless of whether or not they shall comply with the first sec-
1909— Chapter 195—196—197. 205
tion of this act, and tbe county commissioners are authorized to Suit for damages.
sue for the recovery thereof. Any recovery shall go to the county Recovery to road
road fund. ^""^•
Sec. 4. This act shall apply only to Randolph County.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the ITth day of February, A. D. 1909.
CHAPTER 196.
AN ACT TO PROHIBIT KILLING OF SQUIRRELS IN PITT
ANTD WAYNE COUNTIES.
The General AssemWi/ of North Carolina do enact:
Section 1. That from the first day of March to the first day of Close season.
October in each year it shall be unlawful for any person or per-
sons to hunt, shoot or kill squirrels in the counties of Pitt and
Wayne.
Sec. 2. That all persons violating the provisions of this act shall Misdemeanor.
be guilty of a misdemeanor, and upon conviction shall be fined Punishment.
not to exceed ten dollars or imprisoned not more than ten days.
Sec. 3. That the provisions of chapter one hundred and three of Repealing clause.
the Public Laws of one thousand nine hundred and three, so far
as the same applies to the counties of Pitt and Wayne, be and the
same are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 197.
AN ACT TO ALLOW THE COMMISSIONERS OF ONSLOW
COUNTY TO USE THE SURPLUS OF THE SPECIAL-TAX
FUNT)S LEVIED UNDER CHAPTER 642 OF THE PUBLIC
ACTS OF 1905.
The General Assembly of North Carolina do enact:
Section 1. That the county commissioners of Onslow County be Use of surplus on
and they are hereby authorized and empowered to use all moneys '''''^'^•
now In the hands of the treasurer of said county levied and col-
lected as special taxes, under chapter six hundred and forty-two
of the Public Acts of one thousand nine hundred and five, and not
needed for the purposes therein set forth, for the purpose of pay-
ing the debt created by said commissioners in borrowing money to
pay the judgment of D. H. Tolman against said county.
206
1909— Chaptee 197—198—199.
Use of surplus
from levy of 1908.
Sec. 2. That the said county commissioners are hereby author-
ized and empowered to use all moneys that may come into the
hands of the said treasurer from the taxes levied for the year
one thousand nine hundred and eight, levied and collected under
chapter six hundred and forty-two of Public Acts of one thousand
nine hundred and five, and not needed for the purposes therein
set forth, for the purpose of paying the said judgment and for the
purpose of paying any interest due by the said county of Onslow
on the railroad construction bonds issued by said county.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified-this the 17th day of Februaiy, A. D. 1909.
CHAPTER 198.
AN ACT TO REPEAL CHAPTER 9,51. PUBLIC ACTS 1907.
Bond law for
townships of
Bladen.
The General Assemhly of islorth Carolina do enact:
Section 1. That chapter nine hundred and fifty-one (951), Pub-
lic Acts of one thousand nine hundred and seven, be and the same
is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 17th day of February, A. D. 1909.
CHAPTER 199.
AN ACT RELATING TO THE MANAGEMENT AND CONTROL
OF AUTOMOBILES ON THE PUBLIC ROADS AND HIGH-
WATS OF SAMPSON COUNTY.
Motor vehicles to
keep to the right
so as to leave two-
thirds of road free.
Proviso: rate of
speed.
Speed in incorpo-
rated towns.
The General Assemhly of Worth Carolina do enact:
Section 1. All persons riding on bicycles, tricycles, automo-
biles, locomobiles, traction engines or other motor vehicles shall,
on meeting buggies, carriages, wagons or other vehicles, keep to
the right, so as to leave two-thirds of the road free: Provided,
lioivever, that any person or persons operating any bicycle, tricycle,
automobile, locomobile, traction engine or other motor vehicle on
any public road or highway or at any public place shall not op-
erate the same at a rate of speed greater than is reasonable and
proper, having regard to the use in common of such highway or
place, or so as to endanger the life or limb of any person, and in
no event shall such bicycle, tricycle, automobile, locomobile, trac-
1909 — Chapter 199.
207
tion eugiue or other motor vehicle be operated at a greater speed
than six miles an hour in any incorporated town in Sampson
County nor more than five miles an hour while meeting and pass-
ing other vehicles outside of the incorporated towns in said
county: Provided, Iwiccver, that at any shaiiD curve in any public
road or highway or at any crossing of the same the rate of speed
shall not exceed four miles an hour; and Provided, that any per-
son or persons operating any bicycle, tricycle, automobile, locomo-
bile, traction engine or other motor vehicle on any such public
road or highway, public street or place in said county shall, at
request or on signal by putting up the hand from the person or
persons riding, leading or driving a horse or horses or other ani-
mals, bring such bicycle, tricycle, automobile, locomobile, traction
engine or other motor vehicle immediately to a stop, and if travel-
ing in the opposite dii-ection shall remain stationary so long as
may be reasonably necessary to allow such horse, horses or other
animals to pass; and in case such horse, horses or other animals
appear to be frightened, and he is requested so to do, the person
operating such bicycle, tricycle, automobile, locomobile, traction
engine or other motor vehicle shall cause the motor thereof to
cease running so long as shall be reasonably necessary to prevent
accident and insure the safety of persons leading, driving or rid-
ing any horse or horses or other animals on any public road or
highway or public place, and if traveling in the same direction
use reasonable care and caution in thereafter passing such horse,
horses or other animals, and be under the same restrictions as
are herein provided relating to stopping at request or on signal
by putting up the hand; and Provided, that such bicycle, tricycle,
automobile, locomobile, traction engine or other motor vehicle, dur-
ing the period from one hour after sunset till one hour before sun-
rise, shall exhibit a lamp or lamps showing a white light or lights for
a reasonable distance in the direction towai'ds which such vehicle
is proceeding, and also showing a red light or lights in the reverse
direction, and shall also be provided with and use at all proper
and necessary times a good and sufficient brake and a suitable
bell, horn or other signal : and no person shall without reasonable
cause request any person or persons operating a bicycle, tricycle,
automobile, locomobile, traction engine or other motor vehicle or
signal him by piitting up the hand to stop. If any person pur-
posely or willfully neglects or refuses to comply with or violates
any of the provisions of this section or in any other manner will-
fully hinders or purposely obstrticts any person in the free pas-
sago of any such road or highway he shall be guilty of a misde-
meanor, and on conviction thereof before any justice of the peace
or other court having jurisdiction for every such offense be fined
not more than fifty dollars or imprisoned not more than thirty
days.
Speed while meet-
ing and passing
vehicles.
Proviso: speed at
sharp curves and
road crossings.
Proviso: motor
vehicles to stop on
request.
Motor to cease
runnnig.
Lights.
Brakes and
signals.
Acts declared
misdemeanors.
Puiiislinieiit.
208
1909 — Chapter 199—200.
Numbers to be
attached to ma-
chines.
Number to be
registered.
Registration fee.
Sec. 2. It shall be the tluty of the owner or other person operat-
ing a bicycle, tricycle, automobile, locomobile, traction engine or
other motor vehicle or vehicles in Sampson County to attach to
the front and on the rear of such motor vehicle the number of
such machine in plain letters or figures, so as to be easily read,
with a metal plate attached to or suspended from said vehicle or
machine, and to register the number of said machine or motor ve-
hicle with the clerk of the Superior Court in a book kept for that
purpose by him, with the name of the owner set opposite such
number, for which registration the owner or owners of such
motor vehicle shall ]>ay to the clerk of the Superior Court a fee
of one dollar.
Sec. 3. That this act shall apply only to the county of Sampson.
Sec. 4. That all laws or clauses of laws in conliict with this
act shall be and the same are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 37th day of Februarv. A. D. 1909.
CHAPTER 200.
AN ACT TO ESTABLISH, CONSTRUCT AND MAINTAIN A
SYSTEM OF PUBLIC ROADS IN MADISON COUNTY.
Road tax to be
levied.
Rate.
Collection of tax.
Specific appropri-
ation as road fund
Road funds here-
tofore collected.
Township funds
kept separate.
The General Atasemhly of 'North Carolina do enact:
Section 1. That for the purpose of grading, building, improving
and maintaining the public roads and highways in Madison County
the board of county commissioners of said county shall, on the
first Monday in June, one thousand nine hundred and nine, and
annually thereafter, levy a tax, not less than fifteen cents nor
more than fifty cents, on each one hundred dollars' worth of taxa-
ble pi'operty in said county.
Sec. 2. That the taxes levied shall be collected by the sheriff of
said county or as other taxes are collected, and paid to the County
Treasurer of Madison County, and the said taxes collected shall be
a separate fund and applied to the working, making and improv-
ing the public roads of said county, and shall be known as the
general road fund of said county ; that all funds now in the hands
of the treasurer of said county that have been collected by previous
acts as public road funds shall be set apart by said treasurer of
said county as a general road fund and applied by him to the pur-
poses of this act.
Sec. .3. That the county treasurer of said county shall keep said
funds which may come into his hands under the provisions of this
act separate from all other funds, and shall keep a separate ac-
1909— Chapter 200. 209
count of the same and of the amount collected by the provisions
of this act in each township, and the funds collected in each town-
ship shall be used for the purpose provided in this act in the
township where said funds were collected, and said funds so col-
lected under the provisions of this act shall be used for no other
purpose : Prbvided, that this act shall not be construed so as to ProviJ^o: purchase
prevent the road commissioners purchasing such tools or ma- macl°inery.
chiuery as in their judgment may be necessary for constructing,
building, working and maintaining public roads in said county.
Sec. 4. That if any township or townships desire a special tax Election for
in addition to the amount levied by the county commissioners as fax?'^' township
general county fund, the said commissioners are hereby empow-
ered and shall upon the petition of one-fifth of the qualified voters
of any township in Madison County submit to the voters of said
township so petitioning the question, "Shall there be levied in
Township a special tax for road improvement in said town-
ship?'" Said board of commissioners shall call said election at the Time for election,
first special or regular meeting after the filing of the petition as
aforesaid, and shall for thirty days give public notice in some Notice of election,
newspaper printed in the county and by notice posted in three or
more public places in said township.
Sec. 5. That said election shall be held and conducted at the Polling places,
polling place or places established in said township, in the man- Law governing
ner and under the same rules and regulations as now prescribed elections.
for the election of members of the General Assemblj- under the
general laws of North Carolina.
Sec 6. That said special tax provided for in sections four and Collection of tax.
five shall be collected as other taxes, and paid to the county treas- Credit to town-
urer, who shall give said township credit foj said sum. ^^'^'
Sec. 7. That all able-bodied male persons of the county of Madi- Road duty,
son between the ages of eighteen and forty-five years, except resi-
dents of incorporated towns and pupils of schools while in attend-
ance at school, shall be subject to road duty and liable to work
on the public roads of said county for four days of ten hours each,
in each year, the road year to begin on the first day of April in
each year : Provided, however, in cases of washoiits or the roads Proviso; Emer-
1 ■ • t 1 • i, ^, ^ 1 . . gency work,
becoming impassable m any other way the township supervisor or
foreman may work the hands two additional days : Provided, that
the said foreman shall give to each person subject to road duty
in his district at least two days' notice, by personal warning or
. by leaving a written notice at the home or residence of such per-
son, specifying in such notice the time and place, when and where
such work is to be done; also designating in such notice the lool or
implement which such person is required to bring: Provided f;/r- Proviso: wash-
ther, that in case of washouts or the road becoming impassable
the two days' notice will not be required, and upon receipt of
Pub.— 14
210
1909— Chaptee 200.
Proviso: place of
work.
Commutation for
road work.
Commutation
money expended
on roads.
Reports.
Failure to perform
road duty a
misdemeanor.
Punishment.
Failure to work or
obej^ lawful orders
a misdemeanor.
Punishment.
Reports of persons
failing to appear
and work.
Commissioners to
institute pro-
ceedings.
Persons removing
credited for work
done.
Residence defined.
summons of his foreman shall respond promptly : Provided fur-
ther, that said supervisor or foreman shall work said road hands
as near to their respectiA-e homes as practicable and never outside
of their road district.
Sec. 8. That any person may in lieu of working four days on
the public roads pay to the foreman four dollars, arfd it shall be
the duty of said foreman or supervisor to issue a receipt to said
person stating the year for which the same is paid.
Sec. 9. That it shall be the duty of any supervisor collecting
such siun or sums of money from the hands allotted in his dis-
trict to spend the same in the improvement of the roads where
such sum was collected, and report the amount collected and ex-
pended by him, in writing, to the road commissioners at the next
regular meeting of said board.
Sec 10. That any person who shall, after being duly warned,
fail or refuse to work himself, or by an able-bodied substitute
acceptable to his foreman, after having failed to pay as provided
in this act, shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not more than twenty-five dollars or im-
prisoned not more than thirty days.
Sec. 11. That any person who shall, after being duly warned
as provided in this act, appear as notified, fail or refuse to per-
form good and reasonable labor, or any person who shall refuse to
obey lawful orders of his supervisor or foreman, shall be guilty
of a misdemeanor and on conviction thereof shall be fined not
more than twenty-five dollars or imprisoned not more than thirty
days, and it shall be the duty of such supervisor or foreman to
dismiss such hand from the road.
Sec 12. That it shall be the duty of the township supervisor to
make reports at the next meeting of the board of road commis-
sioners of any and all persons who shall fail to appear and work
as warned, or who, having appeared, shall fail to perform good
and reasonable labor or obey the orders of the supervisor or fore-
man ; and upon such report being made, it shall be the duty of
the board of commissioners to institute prosecutions before some
.iustice of the peace of said county against such delinquent hands
within thirty days from making such report.
Sec. 1.3. I'hat in case any person shall remove from any town-
ship or district to another, who has prior to removal performed a
part or the whole of the labor for which he is liable for the cur-
rent year, he shall only be required to perform the amount of
labor for which he was liable in the township or district from
which he removed, and the certificate of the supervisor shall be
conclusive as to the number of days worked by him before his
removal.
Sec 14. That for the inirpose of this act the residence of any
person who has a family shall be held to be where his family re-
1909— Chaptek 200. 211
sides, and the residence of any otlier person shall be where he
boards in any road district in the county.
Sec. 15. That for the purpose of carrying out the provisions of Road commis-
this act. Samuel Cox, of Number Five Township ; .Tames Ramsey. '
of Number Fifteen Township ; Adolphus Bryan, of Number One
Township, afid George W. Wilds, of Number Twelve Township,
be and they are hereby appointed and constituted a board of road Term.
commissioners of Madison County for a term of six years, dating
from the ratification of this act ; that at the expiration of the Election of suc-
-., .. , 1,1. ..-■/. 1 cessors.
term of said commissioners two shall be appointed from each po- Political affilla-
litical party, and in case of a vacancy on said board, from any tions.
other cause than by expiration of his or their term, the vacancy Vacancies.
shall be filled by the remaining members of the board: Provided, Prwiso: eligi-
that only resident taxpayers of Madison County shall be eligible ^ '"^^ •
to serve as a road commissioner of said county.
Sec. 10. Said board of road commissioners shall meet in the Road commis-
town of Marshall as soon after the ratification of this act as to ^^ " ^^ ° meei-.
them may seem practicable: Provided, that they do not defer Proviso: time
meeting at a later date than the first Monday in .Tune, one thou- "^^^^l^ ''■'"^'' ^°
sand nine hundred and nine ; and shall organize by electing one Organization,
of their number chairman, who shall preside at all meetings of the
board. They shall also elect one of their number secretary, who Duties of
shall keep an accurate account of all meetings of said board and secretary.
do such other duties as may be required of him by said board or
as may hereinafter be imposed by the provisions of this act.
Sec. 17. Said board of road commissioners shall, <it their first Supervisors of
meeting or as soon thereafter as practicable, elect or appoint one
supervisor of public roads for each township in said county, whose
term of office shall continue for two years.
Sec. is. The members of the board of road commissioners shall Pay of road com-
be paid, out of the road funds of said county, not exceeding two ™issioners.
dollars per day each while actually engaged in the necessary busi-
ness of the commission, for not more than twenty-five days dur-
ing any one year. The board of road commissioners shall fix the Pay of super-
pay of the supervisors, which shall not exceed one dollar and ^^^°^^-
fifty cents per day.
Sec. 19. That the board of road commissioners shall iise the Use of road
funds collected, hereinbefore provided, for the purpose of construct- ^^ ^'
ing and improving the public roads in said county and the pur-
chase of such tools, implements, machinery or material as may be
found necessary in the proper carrying out of this work. Said Powers of road
,,^ , .. iiiT !• iij commissioners,
bo.ird of road commissioners shall have exclusive control and
supervision of the roads of said county, and the expenditure of
the money provided in this act. They shall direct the supervisors
when and where to work, and require them to do their duty, and
the said board shall in eveiy way have control over and direct the
workiTig of the roads in Madison County.
212
1909— Chapter 200.
Right to enter
upon land for
material.
Agreement for
damages.
Arbitration for
settlement of
damages.
Location of prin-
cipal highways.
Bond of road
commissioners.
Bond of super-
visors.
Quarterly
meetings.
Forfeit for failure
to attend.
Sec. 20. That for the further purpose of carrying out the pro-
visions of this act the road supervisor or foreman, in laying out.
opening up, constructing or working any of the public roads of
said county, shall have the right to enter upon the land of any
person whose land the road may pass over, and may proceed to
open the road and use stone, earth, timber or any necessary ma-
terial contiguous to said road, doing as little damage as possible
to the premises ; and said supervisor shall have the authoritj', sub-
ject to the approval of the board of road commissioners, to agree
with the owner thereof for damages thereto, and the sum agreed
upon and directed to be paid shall be paid as other payments pro-
vided herein. In case there should be a failure to agree as to such
damages and have the same approved, then the same shall be
arbitrated pui'suant to law and damages paid according to award
of the arbitrators, who shall be assessed for benefits according to
the damages.
Sec. 21. That the principal highways or public roads of said
county to be improved or constructed in accordance with the pro-
visions of this act may be carefully surveyed or located by an
engineer or surveyor trained and experienced in such work, aided
by the township supervisor in the township where the work is to
be done, and other assistants as may be deemed necessary, to be
paid out of the road fund of said county.
Sec. 22. That the board of road commissioners shall, before en-
tering upon the duties of their office, make a good and suflicient
bond, approved by the board of county commissioners, in the sum
of five hundred dollars each, conditioned upon the faithful and
honest discharge of their duties and for the proper disbursement
of and accounting for all funds that may come into their hands or
be at their command by virtue of their said office, which said
bond shall be recoi'ded by the register of deeds and filed in the
office of the clerk of the Superior Court of said county.
Sec. 23. The supervisors of the several townships shall, before
entering upon the discharge of their duties, deposit with the board
of road commissioners a good and sufficient bond, to be approved
by said board, in the sum of three hundred dollars, conditioned
upon the faithful and honest discharge of their duties and for
the safe-keeping and return of all property entrusted to their care,
and for the proper disbursement of and accounting for such sums
of money as may come into their hands by virtue of their office, and
said bond shall be recorded by the register of deeds and filed in
the' office of the clerk of the Superior Court of said county.
Sec. 24. The board of road commissioners and the supervisors
of each township in said county shall meet in the town of Mar-
shall or some place agreed upon by them once every three months,
or they may meet once every month if they in their judgment
deem it necessary. Any member who shall fail to attend said
1909— Chapter 200. 213
meetings shall forfeit and pay the siim of two dollars, unless be
has been prevented from attending by circumstances beyond his
control, which said sum shall be deducted from any sum that
may be due or become due to him hereafter ; that at each and Quarterly reports.
every meeting the township supervisors shall file with the chair-
man of said board a report, in writing, setting forth therein the
nmuber of days worked on the roads in their respective townships
since the last meeting of said board, the names and time put in
by each hand working, the general condition of the roads in his
township, and shall further set out and recommend any changes,
amendments or work he considers necessary.
Sec. 25. That the board of road commissioners shall have the New roads,
authority and are hereby empowered to establish and construct or
lay out and build new roads, when in their judgment it is neces-
sary for the good of the traveling ijublic, and all damages, if
there be any, assessed and disposed of as heretofore provided.
Sec. 26. That any person, firm or company transporting or hav- License to loggers
ing transported by others logs, lumber or timber or any other
heavy material over the roads in Madison County shall first ob-
tain a license from the board of road commissioners for the pur-
pose of transporting said material, and the fee for said license
shall be fixed by said board ; that any person, firm or company Failure a mis-
failing or refusing to comply with the provisions of this section ^"^^^"^o^-
shall be guilty of a misdemeanor and fined or imprisoned in the Punishment,
discretion of the court ; that said board of road commissioners License fees for
shall have the authority and are hereby empowered to issue license ^^p^''' ° amages.
as provided in this section, and collect the fees for the same, and
all sums collected under the provisions of this section shall be
used for the purpose of repairing the road or roads where such
transportation or hauling has been done or said roads damaged.
Sec. 27. That no moneys levied or collected under the provis- Warrants for pay-
ions of this act shall be paid out by the treasurer of said county {{'inds.
o.xcept upon the Warrant of the board of commissioners of said
county, and all bills presented to said board shall first be approved
by the chairman of the board of road commissioners, and in case
of special township road funds said bills shall be approved by the
supervisor of the township where said funds belong.
Sec. 28. That all oSicers provided for in this act, before enter- officers to qualify,
ing upon the discharge of the duties of their oflice, shall take an
oath to discharge the duties as herein provided, and when so
qualified shall have the power to administer oaths.
Sec. 29. That the township supervisors shall have the author- Appointment of
ity and are hereby empowered to appoint one or more foremen, if
necessary, to carry out the provisions of this act, who shall not Pay of foremen,
receive more than one dollar per day of ten hours each. He shall Power and au-
have the same authority to summon hands and receipt for work °" ^'
done or money paid iu lieu thereof and to supervise the construct-
214
1909— Chapter 200—201.
Monthly inspec-
tion.
Further powers of
road commis-
ing aud workiug the public roads as heretofore provided for in
this act governing the township supervisors.
Sec. 30. It shall be the duty of the township supervisor to in-
spect aud investigate the condition of the roads in his district or
township once every mouth, and if he shall find auy road in bad
condition it shall be his duty to take such steps as is necessary to
repair the same at once.
Sec. 31. For the further purpose of carrying out the provisions
of this act the board of road commissioners are hereby authorized
and empowered, as they may in their judgment deem best, to dis-
continue anj' road that is not necessary for the good of the public,
and to lay out new roads when they deem it necessary for the
good of the travelin'g public, and, employ a skilled engineer, as
heretofore provided, to lay out such road ; shall say what the
.grade and width of all the public roads shall be, and shall make
any and all changes on said roads in order to better the grade or
location or improve said roads in any way that they deem neces-
sary for the benefit of the public ; shall build footways across all
streams where it is necessaiy, repair bridges or anything not men-
tioned in this act in the way of repairing, maintaining, construct-
ing or modern road building, they are hereby authorized and em-
powered to do or have done.
Sec. 32. That all laws or clauses of laws in eoutiict with this
act are hereby repealed.
Sec. 33. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February, A. D. 190!).
CHAPTER 201.
AN ACT RELATING TO THE CONTROL AND MANAGEMENT
OF AUTOMOBILES AND OTHER VEHICLES UPON PUBLIC
ROADS AND PIIGHWAYS IN THE COUNTIES OF HARNETT
AND JOHNSTON.
Motor vehicles to
keep to the right
and leave two-
thirds of road free.
Proviso;
speed.
rate of
The General Assemhly of Nortli Carolina do enact :
Section 1. All persons riding on bicycles, tricycles, locomobiles,
automobiles or other motor vehicles shall on meeting carriages or
other vehicles keep to the right, so as to leave two-thirds of the
road free: Provided, hotoever, that any person operating a loco-
mobile, automobile or other motor vehicle on anj- public road or
highway or at any public place shall not operate the same at a
rate of speed greater than is reasonable and proper, having regard
to the use in common of such highway or place, or so as to en-
danger the life or limb of any person, and in no event shall such
1909— Chaptek 201. 215
traction eugiue. locomobile, automobile, motorcycle or other mo- Rate in incorpo-
tor vehicle be operated at a greater speed than six miles au hour
in auy incorporated to\Yn in Johnston or Harnett counties, nor
more than five miles an hour while meeting and passing other Rate meeting and
vehicles outside of the incorporated towns in said counties : Pro- R^Telu sharp^*^
vidcd, that at auy sharp curve in anv public road or highway or at curves and road
crossings.
any crossing of the same the rate of speed shall not exceed four
miles an hour, which rate of speed in auy municipality in said
counties shall not be diminished or prohibited by auy ordinances,
rule or regulation of any such municipality, board or other author-
ities, unless the public safety shall require it ; and Provided, that Proviso: stops on
any person or persons operating a locomobile, automobile, motor- ^^^"®^*-
cycle or other motor vehicle on any such public road or highway,
public street or place in said counties shall, at request or on signal
by putting up the hand from the person riding, leading or driving
a horse or horses or other animals, bring such locomobile, automo-
bile, motorcycle or other motor vehicle immediately to a stop, and
if traveling in the opposite direction shall remain stationary so
long as may be reasonably necessary to allow such horse, horses
or animals to pass ; and in case such horse, horses or animals ap- Motor to cease
pear to be frightened, and he is requested so to do, the person running.
operating such locomobile, automobile, motorcycle or other motor
vehicle shall cause the motor thereof to cease running so long as
shall be necessary to prevent accident and insure the safety of
persons using such public road, highway or public place, and if
traveling in the same direction use reasonable care and caution
in thereafter passing such horse, horses or other animals, and be
under the same restrictions as are herein provided relating to
st(jpping at request or on signal by putting up the hand ; and Pro- Lights.
tided, that such locomobile, automobile, motorcycle or other ve-
hicle shall, during the period from one hour after sunset to one
hour before sunrise, exhibit a lamp or lamps showing a white
light or lights for a reasonable distance in the direction towards
which such vehicle is proceeding, and also showing a red light or
lights in the reverse direction, and shall also be provided with and Brakes and
use .It :ill proper and necessary times a good and sufficient brake ^*^"^'^-
and a suitable bell, horn or other signal; and no person shall,
through mischief or without reasonable cause, request any person
or persons operating a locomobile, automobile, motorcycle or other
motor vehicle or signal him by putting uj) the hand to stop. If Acts declared
any person purposely and willfully neglects or refuses to com- '"^■"^'''"'f'^'^o'"-
])\y with or violates any of the provisions of this section, or in
any other manner willfully hinders or purposely obstructs any
rierson in the free pass.'ige of any such road or highway, he shall
be guilty of a misdemeanor, and on conviction thereof before any
justice of the peace or other court having jurisdiction, for every Punishment.
such offense be fined not more than fifty dollars or imprisoned not
more than thirty davs.
216
1909— Chapter 201—202.
Number to be
attached.
Number to be
registered.
Sec. 2. It shall be the duty of the owner or other person operat-
ing a locomobile, automobile or other motor vehicle in the coun-
ties of Harnett or Johnston to attach to the front and on the rear
of any such locomobile or automobile or other motor vehicle the
number of such machine, in plain letters, so as to easily be read,
with the metal plate attached to or suspended from said vehicle
or machine, and to register the number of said machine with the
clerk of the Superior Court, in a book kept for that purpose by
him, with the name of the owner set opposite such numbei", in
said counties.
Sec. 3. That all laws or clauses of laws in conflict with this
act shall be and the same are hereby, in so far only as they are
in conflict herewith, repealed.
Sec. 4, That this act shall be in force from and after its ratifi-
cation.
Ratified this the ISth day of February, A. D. 1909.
CHAPTER 202.
AN ACT TO DIVIDE THE PRESENT TERMS OF THE SUPE-
RIOR COURT OF STOKES COUNTY INTO FOUR TERMS OF
ONE WEEK EACH.
First spring term.
Second spring
term.
First fall term.
Second fall term.
Jurors.
The General Assemdly of North Carolina do enact:
Section 1, That section one thousand five hundred and six of
chapter twenty-eight of the Revisal of one thousand nine hundred
and five, relative to the Superior Courts of Stokes CoiUnty, in the
Eleventh Judicial District, be amended by dividing the present
two terms of said court into four terms of one week each, as fol-
lows : The first spring term thereof to begin on the ninth Monday
after the first Monday in March and continue for one week, and
be for the trial and hearing of criminal causes only, and the sec-
ond spring term thereof to begin on the tenth Monday after the
first Monday in March and continue for one week, and be for the
trial and hearing of civil causes only ; that the first fall term
thereof shall begin on the third Monday after the first Monday
in September and continue for one week, and be for the trial and
hearing of criminal causes only, and the second fall term thereof
to begin on the fourth Monday after the first Monday in September
and continue for one week, and be for the trial and hearing of
civil causes only.
Sec. 2. That for each term of the criminal courts above speci-
fied there shall be drawm and summoned thirty-six jurors, and
for each term of the civil courts above named there shall be drawn
and summoned twenty-four jurors.
1909— Chapter 202—203. 217
Sec 3 That civil process shall be made returnable to the civil Return of process.
terms of said court only, and all civil process already issued and
made returnable to the spring term, one thousand nine hundred
and nine, of said court, on the ninth Monday after the first Mon-
dav in March, one thousand nine hundred and nine, shall stand
returnable on the tenth Monday after the first Monday in March,
one thousand nine hujidred and nine.
Sec. 4. That all laws and clauses of 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 the 18th day of February, A. D. 1909.
CHAPTER 203.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMIS-
SIONERS OF MACON COUNTY TO ESTABLISH A CHAIN
GANG.
Whereas the Board of County Commissioners of Macon County Preamble,
desire to be empowered by the General. Assembly of North Caro-
lina to establish a chain gang for the purpose of working certain
convicts on the public highways and bridges of said county :
The General Assembly of North Carolina do enact:
Section 1. That all persons confined in the county jail, either P^f ■J.e^^^.^^'^'lj^
under sentence of the court for crime or imprisonment for the roads and bridges,
nonpayment of fines or costs shall be available to the county com-
missioners for the purpose of working them upon the highways
and public roads and bridges of the county; and upon the aPPl^" frison^/^^pe,.
cation made by the board of road trustees of any township of the imendent of
county having an order from the county commissioners, it shall roads.
be the duty of the sheriff or jailer having such prisoners in his
custody to deliver them to the superintendent of roads, who shall
be responsible for their safe-keeping and return, and the sheriff
of the county or jailer shall be exonerated in case of the escape
of any such prisoners.
Sec. 2. That the county commissioners are hereby authorized Convictsjrom
to accept convicts from other counties sentenced by the Superior
Court Judges, whenever in their judgment it is deemed convenient
to do so ; and the Judges of the Superior Court are hereby author-
ized to sentence prisoners from any other county for misdemeanors
and felonies not capital.
218
1909— Chapter 203.
Convicts sen-
tenced to roads.
Control of
convicts.
Superintendents
and guards.
Safe-keeping of
prisoners.
Rules and regu-
lations.
Work prescribed.
Services credited
on fines.
Escape a mis-
demeanor.
Expense of work.
Leading roads.
Sec. 3. That it shall be lawful for the .iudges holding court in
said county, for any justice of the peace for said county or any
mayor in said county where defendants are convicted and sen-
tenced by them to a term of imprisonment in the county jail or so
imprisoned for failure to pay costs to order that such defendants,
be assigned to work out such terms of imprisonment or such costs
upon the public roads of the said county at hard labor.
Sec. 4. That the convicts sentenced to hard labor shall be under
the control of the county commissioners of said county, and the
said authorities shall have the power to enact and to enforce all
needful rules for the working of all convicts upon the highways
or public roads, and they ma3^ appoint superintendents for said
convicts and such guards and other employees as may be neces-
sary, and commit to the superintendent the custody of the whole
or any part of the convict force, and they may authorize and em-
power him to use only such discipline as may be necessary to carry
out the rules and regulations in the working of the highways and
public roads or any other work to which said convicts may be put
by order of the commissioners, to the same extent as is allowed
by law to the autliorities of the penitentiary in the control of con-
victs committed to the State's Prison.
Sec. 5. That for the purpose of equipping and maintaining said
convict system the said commissioners are hereby authorized and
empowered to use the county jail for the safe-keeping of said
prisoners, or to build and maintain a convict camp or camps and
to provide for the keeping aud maintaining of said convicts and
transporting said convicts to aud from their work. The rules aud
regulations enacted and enforced by the countj- commissioners
must be in accord with the rules and regulations governing the
use of convicts on public roads laid down and published by the
State Highway Commission.
Sec. 6. The prisoners shall do no work on the highways or pub-
lic roads unless said work has been prescribed by the superintend-
ent of roads or other proper authorities in the proper road dis-
trict ; and the prisoners working the public roads in default of
payment of fines or costs shall be allowed so much per day as in
the opinion of the county commissioners their services are worth,
which amount shall he credited to them on the account charged
against them. If any prisoner shall escape he shall be deemed
guilty of a misdemeanor.
Sec. T. The expense of working said convicts shall be paid out
of the road funds belonging to said township in which they are
worked. It shall be the duty of said county commissioners to have
the leading roads running north, south, east and west worked first,
a distance of seven miles each, commencing at courthouse, and
after that being done they may use their judgment as to working
said convicts.
1909— Chapter 203—204. 219
Sec. 8. Provided, that this act shall not be deemed to repeal or Proviso: present
affect in any manner the present road laws for the county of afflct^dl ""'^
Macon.
Sec. 9. That this act shall be in force from and after its ratiti-
catiou.
Ratified this the ISth day of February. A. D. 1909.
CHAPTER 204.
AN ACT TO PROTECT THE GAME AND LANDOWNERS OF
RUTHERFORD COUNTY.
Tlic General Assembly of ^orth Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Written permit
to hunt, with or without dog or gun, upon the lands of another in """ ^u'^ting.
Rutherford County, except by consent of owner first had and ob-
tained in writing, which permit shall not be valid for more than
six days at any one time.
Sec. 2. That any person selling or offering for sale any part- Selling, offering
ridge or quail, except for breeding purposes, under permits issued birciTforb'idden"*^
by the State Audubon Society, shall upon conviction pay a fine of
one dollar for each and every bird sold or offered for sale ; also,
any person buying said bird or birds shall pay a fine of one dollar
for each and every bird bought ; the provisions of this section to
expire on March first, one thousand nine hundred and eleven.
Sec. 3. That any person or agent shipping said bird or birds. Punishment for
except for breeding purposes, under said permits, shall be consid- shippmg birds,
ered a dealer, and shall pay a fine of one dollar for each and
every bird shipped or offered for shipment.
Sec. 4. That it shall be unlawful for any person to hunt any close season,
partridge or quail or to destroy the eggs or young of said birds
lietwoen the first day of February and the first day of December
in each and every year. Any person violating this section shall Punishment.
upon (;onviction pay a fine of not less than five nor more than ten
dollars or be imprisoned not less than ten nor more than twenty
days for each and every offense.
Sec. 5. Any person violating sections one and two of this act Punishment for
shall be guilty of a misdemeanor, and upon conviction thereof sfilppmg bfrdf °^
shall i)ay a fine of not less than ten nor more than twenty dollars
or be imprisoned not less than ten nor more than twenty days for
each and every offense.
Sec. 6. That all laws and clauses of laws in conflict with the
provisions of this act are hereby repealed.
Sec. 7. That this act shall be in force after March first, one Wlien act
thousand nine hundred and nine. effective.
Ratified this the 38th day of February, A. D. 3909.
220
1909— Chapter 205—206.
CHAPTER 205.
AN ACT TO AMEND CHAPTER 782, PUBLIC LAWS OF 1907.
Supervisors to
file statements.
TliG General Assemhly of Korth Carolina do enact:
Section 1. That section nineteen, chapter seven hundred and
eighty-two, Public Laws of one thousand nine hundred and seven,
be and the same is hereby amended by changing the period at the
end of said section to a comma and adding the following: "and in
case no election is held under the provisions of this chapter the
supervisors of any township in said county or those having in
charge any money belonging to the road fund of their respective
townships shall comply with the provisions above named in the
same manner as required of the supervisors of such township, in
the event an election were held and the provisions of this act
adopted."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 18th day of February, A. D. 1909.
CHAPTER 206.
AN ACT FOR THE IMPROVEMENT OF PUBLIC ROADS IN
PERQUIMANS COUNTY.
Act supplemental
to law now in
force.
Special tax
authorized.
Rate.
Collection.
Specific appropri-
ation.
Proviso: work on
streets of Hert-
ford.
The General AssemMy of North Carolina do enact:
Section 1 That nothing in this act shall be construed to repeal
or invalidate the general road law now in force, but this act shall
be regarded as supplemental thereto.
Sec. 2. That the board of county commissioners be and they are
hereby authorized to levy a special tax, not less than five (5)
cents nor more than ten (10) cents, on the one hundred dollars'
worth of property, the same to be collected under the same rules
and regulations as are now prescribed for the collection of regular
taxes, and to be kept separate by the county treasurer and known
as the county road fund.
Sec. 3. That the said special tax, when levied and collected,
shall be used exclusively by the county commissioners, upon the
warrant of the road supervisors, for the purpose of improving pub-
lic roads of said county, and so far as is practicable the tax col-
lected shall be used for the purpose of improving the roads in the
township in which the tax was collected, respectively : Provided,
also, that one-third of the tax collected in Hertford Township shall
be turned over to the town commissioners of "the town of Hertfoi'd
for the purpose of working the streets of said town ; and the
1909— Chapter 206—207—208. 221
county commissioners be and they are hereby authorized to pur- Purchase of tools
•' and machinery.
chase such tools and machinery as may be necessary.
Sec. 4. That any person having paid on or before March first Commutation for
of any year the sum of two dollars and fifty cents ($2.50) to the
overseer shall be exempt from road duty one year from said date ;
and Provided, that all overseers be paid the sum of one dollar Proviso: pay of
ovcr'^GBrs
($1) per day for all service rendered: Provided, also, that road proviso: pay of
supervisors be paid the sum of one dollar and fifty cents ($1.50) supervisors,
per day for all service rendered.
Sec. 5. That all laws or parts of laws in conflict with this act
are hereby repealed, and that the general road law be enforced,
except as provided by this act.
Sec. 6. That this act shall be in force from and after its ratifi- Apphcationof act.
cation, and shall apply only to the county of Perquimans.
Ratified this the ISth day of February, A. D. 1909.
CHAPTER 207.
AN ACT TO AMEND CHAPTER 622 OF THE PUBLIC LAWS
OF 1907. RELATING TO HUNTING DEER IN TYRRELL
COUNTY.
The General Assemljly of North Carolina do enact:
Section 1. That chapter six hundred and twenty-two of the
Public Laws of one thousand nine hundred and seven, amendatory
of section one thousand eight hundred and eighty-one of the Re-
visal of one thousand nine hundred and five, be and the same is
hereby amended by adding to section one thereof the following
words : "and the territory embraced in the boundaries of South South Fori<
..^ , ™ , . „ township.
Fork Township.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February, 1909.
CHAPTER 208.
AN ACT TO ESTABLISH A ROAD IN MADISON COUNTY.
The General Assembly of Noi-th Carolina do enact:
Section 1. That on or before the first Monday in June, one thou- Jury to lay out
ii -r. -, J, r^ i. /-. • ■ and establish
sand nine hundred and nine, the Board of County Commissioners road.
of Madison County, at their said regular meeting of said board,
222
1909— Chapter 208.
Beginiiiiij? and
route.
Report of jury.
Appointment of
overseers.
Hands to be
warned.
Road duty.
Allotment of
hands.
Grade and width
of road.
Proviso: width
where blasting
necessary.
shall appoint a jury, consisting of three members, whose duty it
shall be to lay out and establish w-ithin fifteen days after their
appointment a public road, commencing near where J. M. Ramsey
& Sons' store was burned, at Walnut, in said county ; thence run-
ning through J. M. Ramsey's farm to the top of the ridge between
the said J. M. Ramsey's farm and the land of Frank Landers to
the George W. Gahagau survey ; thence with said survey to the
top of the Walnut Mountain, intersecting with the public road at
the gap of said mountain, known as the Andy Chandler Gap ;
thence in the direction of said public road to the new Baptist
church, intersecting the public road in a gap of the ridge at or
near said church.
Sec. 2. That the said jury shall within fifteen days after lay-
ing out said road make and file their report with the commission-
ers of said county, and their report shall be confirmed by the com-
missioners at their regular meeting the first Monday in July, one
thousand nine hundred and nine.
Sec. 3. That the county commissioners shall, on the first Mon-
day in July, one thousand nine hundred and nine, appoint two
overseers for said road — one in Number Ten Tow^nship and one in
Number One Township.
Sec. 4. That the overseers provided for in the preceding section
shall summons all hands subject to work on said road three days
prior to the day of working, and shall work said hand not less
than two days nor more than four days on said road, and said
hands shall be required to work ten hours each day.
Sec. 5. That the county commissioners shall, for the purpose of
carrying out the provisions of this act, on the first Monday in
July, one thousand nine hundred and nine, specify and designate
a boundary or territory in Number One and Number Ten Town-
ships that will include a sutflcient number of hands as in their
judgment may be necessary to build and construct said road on
or before the first Monday in June, one thousand nine hundred
and ten.
Sec G. That said road shall be given a grade of one foot in
twelve, and nowhere greater than one foot in ten, and a width
of twelve feet, clear of ditches, logs, trees and other obstruc-
tions : Pro tided, that where the roadway must be blasted out in
hard rock the width of said roadwaj- shall not be less than ten
feet.
Sec. 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February, A. D. 3909.
1909— Chapter 209—210. 223
CHAPTER 209.
AX ACT TO PREVENT THROWING SAWDUST IN THE
WATERS OF SPARKS CREEK, WILKES COUNTY.
I'hr General Assemhly of Xorth Carolina do enact:
Section 1. That it shall be unlawful for any owner, lessee or Throwing sawdust
in stream tor-
person having in control any sawmill to empty or throw any saw- bidden.
dust or cause the same to be thrown or emptied in any of the
waters of Spark's Creek, in Wilkes County, north of the road
leading from Trap Hill to Dobson.
Sec. 2. That any person violating the provisions of this act shall Violation of act a
•' ^ ox misdemeanor,
be guilty of a misdemeanor, and upon conviction thereof shall be
fined not exceeding fifty dollars or imprisoned not exceeding thirty Punishment.
days.
Sec. o. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February. A. D. 1009.
CHAPTER 210.
AN ACT TO ABOLISH TWO WEEKS OF COURT OF
PASQUOTANK COUNTY.
The General Assemhly of Worth Carolina do enact:
Section 1. That the November term and the last week of the Terms abolished.
March term of the Superior Court of Pasquotank County are
hereby abolished ; that that portion of section one thousand five
hundred and six of the Revisal of North Carolina referring to the
holding of courts in Superior Court of Pasquotank County be
amended as follows: "Pasquotank County, seventh Monday be- Terms established,
fore the first Monday in March, to continue for two weeks, for the
trial of civil cases only ; first Monday after the first Monday in
March, to continue for one week, for the trial of civil and criminal
<ases; second Monday after the first Monday in September, to con-
tinue for one week, for the trial of civil and criminal cases."
Sec 2. That all laws and clauses of laws in conflict herewith
are hereby repealed.
Sec. :».. This act shall bo in force and ofi:ect on and after April VVhen act
effective,
first, one thousand nine hundred and nine.
P.ntifiod this tlie 18th day of February, A. D. 1900.
224
1909— Chapter 211—212.
CHAPTER 211.
AN ACT TO AMEND CHAPTER 276 OF THE PUBLIC LAWS
OF 1907, RELATING TO BONDS OF TAX COLLECTORS.
The General Assembly of North Carolina do enact:
Amount of bond. SECTION 1. That section three of chapter two hundred and sev-
enty-six of the Public Laws of one thousand nine hundred and
seven be amended by inserting the words "not more than" be-
tween the words "in" and "double." in line two thereof, and by
adding the words "nor less than the actual amount of taxes so
levied, in the discretion of said commissioners," between the words
"townships" and "and," in line three thereof.
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 this the 18th day of Februaiy. A. D. 1909.
CHAPTER 212.
AN ACT TO DRAIN LANDS IN HUNT'S FORK AND HANKS'
BRANCH, IN DAVIDSON COUNTY.
Commissioners.
Ascertainment of
acreage and
ownership.
Allotment of
hands.
Notification to
landowners.
Refusal to furnish
hands a misde-
meanor.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That Henry C. Culler and J. R. Stone are hereby ap-
pointed commissioners, who shall, on or before the first day of
August, one thousand nine hundred and nine, ascertain as near as
practicable the number of acres of sod lauds on Hunt's Fork from
the mouth to Yeaches' Bridge, with the Winston Road, and Hanks*^
Branch from the mouth of said branch to the Winston Road, in
Thomasville Township, and also ascertain the owners of said sod
lands, and require of the said owners one hand for each ten acres
to open up and properly drain said lands.
Sec. 2. The said commissioners shall notify said landowners of
the time and place of meeting of said hands, as well as the number
required of them, five days before the appointed time, and superin-
tend the said work and see that it is properly done.
Sec. 3. Any landowner that shall refuse or fail to furnish the
hands required of him by the said commissioners or furnish ac-
ceptable substitutes shall upon conviction before a justice of the
peace be guilty of a misdemeanor and subject to fine not exceed-
ing fifty dollars or thirty days' imprisonment.
19^9— Chapter 212—213.
225
Sec. 4. Any landowner that prefers to do so may pay the com- Commutation.
missioners one dollar per day in lieu of each hand required of him,
provided he will do so three days before the work is required,
which sums, when paid in, shall be invested by said commissioners
in other hands to aid in said work.
Sfc ^^ That the said H. C. Culler and .J. R. Stone are hereby Term of commis-
sioiiGrs
appointed for a term of two years from the first day of April, one
thousand nine hundred and nine, after which time the county Appointment of
luuuot.uvi successors.
commissioners shall appoint their successors every two years, and pay of commis-
shall be paid two dollars per day while in active service and all sioners.
expenses for postage and stationery.
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the ISth day of February. A. D. 1909.
CHAPTER 213.
AN ACT TO AMEND SECTION 1311 OF THE RE VI SAL OF
1905, AND TO REPEAL CHAPTER 22S OF THE PUBLIC
LAWS OF 1905, RELATING TO THE NUMBER AND COxM-
PENSATION OF THE BOARD OF COUNTY COMMISSION-
ERS OF NORTHAMPTON COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That section one thousand three hundred and eleven Number of com-
of the Revisal of one thousand nine hundred and five be amended ™issione .s.
by striking out the word "Northampton," in line fourteen thereof.
Sec. 2 That chapter two hundred and twenty-eight of the Pub- Pay of cliairman
-"^ , ^ ,. 1 J.1 3-110 commis-
lic Laws of one thousand nine hundred and five be and the same sioners.
is hereby repealed.
Sec. .3. That each member of the Board of County Commission- Pay of commis-
ers for Northampton County shall be paid for his services the sum
of three dollars per day and five cents per mile each way for each
dav of his attendance upon the meetings of said board: Provided, Pro'^'iso: allow-
*■ ,,»j_j_£;11 QiflCG 10 Cll3(irillarll.
however, the chairman of said board shall receive twenty-five dol-
lars per annum in addition to the above compensation.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. T). That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February, A. D. 3909.
Pub.— If)
226
1909— Chaptek 214.
CHAPTER 214.
AN ACT TO PROVIDE A BETTER SYSTEM FOR WORK-
ING AND MAINTAINING THE PUBLIC ROADS IN MACON
COUNTY.
Division of roads.
Tax for roads.
Road trustees for
townships.
Terms of office.
Vacancies.
Incorporation.
Corporate name.
Meetings of
trustees.
Organization.
Report of organi-
zation.
Quarterly meet-
ings.
Record of pro-
ceedings.
Bond of treas-
urer.
The General AssemMy of North Carolina do enact:
Section 1. That the roads and ways of Macon County, for the
purposes of this act, shall be, as hereinafter provided, divided
into public roads and cartways, and for the proper construction,
improvement and maintenance of the public roads of said county
the board of commissioners thereof shall levy an annual tax, as
hereinafter provided, and the said board of commissioners shall,
on the first Monday in April, one thousand nine hundred and nine,
appoint a board of road trustees for each township in said county,
which board shall be composed of three good and lawful men, resi-
dents of such townships. The term of office of the first road trustee
shall be three years, the second two years, and the third for one
year, and one successor of one trustee shall be appointed for each
of said townships in April, one thousand nine hundred and ten, by
said board of commissioners, and annually thereafter, for the
term of three years; and that in event of a vacancy occurring in
any of said boards of road trustees, by death, resignation, removal
from the township or otherwise, the said commissioners shall ap-
point his successor to fill the unexpired term. The said trustees
are incorporated the board of road trustees of such township, and
the same shall be their corporate name.
Sec. 2. That the road trustees for each of said townships shall
meet on the first Saturday in May, one thousand nine hundred
and nine, and annually thereafter, and organize by electing one of
their number chairman, one secretary and one treasurer, or if
they shall deem it advisable they may elect one of their number
secretary-treasurer, and the secretary or secretary-treasurer so
elected, as the case may be, shall forthwith report to the commis-
sioners of said county, in writing, a list of the ofBcers thus elected,
which report shall be kept on file in the register's office of said
county ; that the trustees, for the purpose of performing the duties
herein required of them, shall meet quarterly, and oftener if in
their judgment they shall deem it necessary for the proper trans-
action of the duties herein imposed, and their secretary shall keep
a record of all their meetings and proceedings ; that the treasurer
of the said road trustees shall enter into a good and sufficient
bond, to be approved by the other members of said board of road
trustees, payable to the State of North Carolina, in trust for such
township, in not less than the sum of two hundred dollars, and in
no case less than double the tax levied for road purposes under
this act for such township for such year, which bond shall forth-
1909— CiiAPTER 214. 227
with be returned to and filed in the oflice of the register of deeds
of said county ; that said bond shall be conditioned that said treas-
urer of said board of road trustees shall faithfully, well and truly
perform all duties, acts and things required of him under this act
to be done and performed, and he and his sureties upon such
bond shall be liable thereon for any default of the treasurer to do
and perform any duty or duties required of him under this act ;
that the said road trustees, in their corporate name aforesaid, Corporate powers.
shall have the right to sue and be sued, plead and be impleaded
in any of the courts of this State ; that the said road trustees Road trustees
shall be exempt from fhe number of days' labor hereinafter re- duty.^ ™™ ^°
quired in this act upon the public roads of their township.
Sec. 3. That it shall be the duty of the road trustees to examine Semiannual
into the condition of the public roads of their respective town- roads,
ships at least twice in each year, and make a report in duplicate Reports,
on the condition of said public roads and present one copy of said
report to the board of commissioners of said county at their May
and November meetings, and in addition thereto the said road
trustees shall forthwith file one copy of said report with the clerk
of the Superior Court of said county for the use of the solicitor,
with such instructions and recommendations as they may deem
proper : that the said road trustees shall have the right, upon peti- Right to lay out or
tion of the citizens of their township, or without such petition if discontume roads,
they shall deem it best for the interests of the traveling public to
lay out, alter or discontinue public roads that are wholly within
their township, or when such proposed new road, alteration or dis-
continuance is wholly within their township, with as little injury to
the lauds through .which the same passes as may be consistent with
the be.st interests of the traveling public; and the said road triis- Assessment of
tees, taking into consideration the advantages and disadvantages ^™^^^^-
to the owner of the lands through which the road thus altered
or laid out passes, shall assess the damages, if any, caused thereby,
and such damages thus assessed shall be deemed a charge against
the county, and the said road trustees shall make a certificate of Certificate of
such damages, showing for what allowed, the amount and to whom ^™^s®®-
])ayable, which certificate shall be forthwith filed with the board
of commissioners of said county and, unless it shall appear to said
connuissioners that the damages are exorbitant and unjust, shall
bo allowed by them; that any person or persons aggrieved by the Appeals to county
action of the road trustees in laying out, altering or discontinuing commissioners.
any public road, as aforesaid, or the amount of damages allowed
for laying out any new road or altering an old road, as aforesaid,
may, upon giving a bond, with sufficient justified surety, to be ap-
proved by said road trustees, in not less than the sum of one hun-
dred dollars, and conditioned for the payment of all costs which
may be adjudged against him or them by reason of such appeal,
appeal to the board of commissioners of said county : Provided, Proviso: notice of
notice of appeal be given to the said road trustees l>y the party or "■PPeal.
228
1909— CiiAPTEK 214.
Proviso: appeals
to superior court.
Roads extending
into two or more
townships.
Process for laying
out, alteration or
discontinuance of
road.
Proviso: notice
of petition.
Proviso: appeals
to superior court.
Division of roads.
Proviso: road
hands to be
worked in town-
ship of residence.
Road districts.
parties aggrieved within ten days after tlie act complained of.
That the said commissioners shall hear and determine such ap-
peal, and if the same be against the appellant it shall be their
dutj^ to enter judgment against the appellant and his sureties for
the costs of the appeal, with all the force and effect of a judg-
ment in the Superior Court, and that such judgment for costs may
be enforced in the same manner as a judgment of the Superior
Court : Provided, that any party or parties aggrieved by the action
of the commissioners in such matter may appeal to the Superior
Court of said couutv in the manner set forth in the next succeed-
ing section.
Sec. 4. That when it is desired to lay out a new road or alter or
discontinue any public road or roads extending into two or more
townships, the right to do the same shall be in the county com-
missioners, and shall be done, subject to and as is provided in sec-
tions two thousand six hundred and eighty-four, two thousand six
hundred and ninety and two thousand six hundred and eighty-five
of chapter sixty-five, and section one thousand two hundred and
sixty-eight, chapter twenty-two of Volume One of the Revisal of
one thousand nine hundred and five : Provided, that posting notice
of the petition at the courthouse door for thirty days and at some
public place in each township, through any part of which said
road passes, for twenty days prior to the hearing of said petition,
shall be sufficient for the notices required in said section two
thousand six hundred and eighty-four: Provided further, that any
person or persons desiring to appeal to the Superior Court from
the order of the board of commissioners shall first give bond,
with justified and approved security, in not less than the sum of
one hundred dollars, conditioned to pay all such costs as may be
adjudged against him or them by reason of such appeal.
Sec. 5. That all roads, when laid out for construction or amend-
ment under the provisions of the preceding section, shall by reason
of this act be deemed divided so that the road trustees of each
township shall have control of so much thereof as lies wholly
within their township, and all public roads laid out or amended
under sections three and four of this act shall be constructed as
is in this act provided for the construction and maintenance of
public roads : Provided, that no person shall be required to go
out of his township to help in working or constructing any road.
Sec. 6. That the road trustees of the several townships of said
county shall, on the first day of May, one thousand nine hundred
and nine, or within ten days thereafter, divide their respective
townships into suitable road districts, and annually thereafter
make such alterations as they may deem proper, and cause a brief
description thereof to be made on the township records, and also
to furnish each supervisor with a description of his road district ;
that the road trustees of each township, at the meeting at which
1909— Chapter 214. 229
they divide their township into road districts, as aforesaid, and
annually thereafter, shall elect one supervisor for their township, Election of super-
who shall have charge of the several road districts therein, but if ^'^°''^-
in their judgment they should consider it best suited to the condi- .
tions in their townships they may elect more than one supervisor
and assign to each the districts which he shall have charge of
under the provisions of this act ; that the road trustees shall cause Bond of super-
. , . i , J.1 J.1 £ visors.
each supervisor to enter into a bond m not less than the sum of
one hundred dollars, executed to the State of North Carolina, in
trust for said township, with sufficient surety, to be approved by
the road trustees for such township ; that the road trustees shall Power and control
, . ,, . of trustees.
have general power and control over the public roads in their
townships, and shall confer with and may direct the supervisor
as to the best methods of constructing, maintaining and perma-
nently improving the public roads; that in case of a vacancy in Vacancies m^ office
the office of supervisor, occurring by death, resignation, removal
or otherwise, the road trustees shall appoint his successor for the
unexpired term, and may at any time, when they deem it for the
best interest of the public roads of their township, remove any Removal,
supervisor from office and appoint his successor.
Sec. 7. That each supervisor, before entering upon the duties Supervisors to
of his office, shall take an oath faithfully and impartially to dis- ^"^ ^ ^'
charge the duties of said office, and shall make and execute bond,
with approved surety, such as may be required of him as afore-
said by the road trustees, and shall at each quarterly meeting of
the road trustees, and oftener if directed by them, make a report Reports,
of the condition of the roads under his charge, the character and
extent of the work he has done on the same, the number of per-
sons subject to road duty, as defined in section nine of this act,
in each road district under his charge, and the number of days
worked by each of said persons ; the name of each person who has
paid cash in lieu of services, and the amount of cash paid by
each ; the full amount of receipts and the amount and manner of
all expenditures during said quarter ; the number of days worked
by him on the roads of his districts, and the number of hands
worked each day, and the number of judgments, fines and penal-
ties taken by him under this act, against whom, and the amounts
due thereon, if any, and all such other matters as the road trus-
tees may require of him appertaining to his duties or relating to
the condition of his roads.
Sec. 8. That it shall be the duty of each and every supervisor, Duties of super-
visors
subject to such directions as the road trustees may deem proper
to make as to the manner of doing the same, to open or cause to
be opened all public roads which shall have been or may hereafter
be laid out and established in his road district; the same to keep
in repair and remove or cause to be removed all obstructions that Entry on lands
. , . , ^ ■■ , , ^ . • 1 it for material.
may from time to time be found thereon, for which purposes the
230
1909— Chapter 214.
Willful injury to
lands a misde-
Road duty.
Proviso: commu-
tation.
Proviso: emer-
gency work.
Proviso: day's
work.
Hands to be
warned.
supervisors are bereby autborlzed to enter upon any lauds, not
encumbered by crops, near to or adjoining sucb roads, to cut and
carry away timber, except trees or groves on improved land,
planted or left for ornament or sbade; to dig or cause to be dug
and carried away any gravel, sand, clay, marl or stone which may
be necessary to make, improve or repair said road, and to enter
on any lands adjoining or lying near the road, to make such
drains or ditches through the same as he may deem necessary for
the benefit of the roads, doing as little injury to said lands and
improvements thereon and timber as the nature of the case and
the public good will permit ; and the drains or ditches so made
shall be conducted to the nearest water course, ditch or drain,
and shall be kept open by the supervisor, and shall not be ob-
structed by the owners or occupier of such land or any person or
persons having the same in charge, under the penalty of forfeiting
a sum not exceeding ten dollars for each and every offense, to be
collected by the supervisors and paid over by them to the road
trustees and applied to the road fuud of said township ; and if
the supervisor shall willfully injure any cultivated or improved
lands by failure to conduct said drains and ditches to the nearest
waterway, ditch or drain, and keep said drains and ditches in re-
pair, he shall be guilty of a misdemeanor.
Sec. 9. That all able-bodied male persons and all male persons
able to perform the labor herein required, between the ages of
eighteen and forty-five years, shall be liable annually to do and
perform five days' labor on the public roads, under the directions
of the supervisor of the road district in which he resides : Pro-
vided, that if any person, being warned as hereinafter provided,
shall pay to the supervisor of his district the sum of one dollar
for each day's labor required by this act, the same shall be re-
ceived in lieu of each day's labor and shall be applied by the road
supervisor receiving the same to the improvement of the roads
in that district: Provided, that if from heavy rains, floods, wash-
outs or any unusual injury to the roads, the road trustees shall
be of opinion that the condition of the roads in their township
demand it, they may increase the number of days' labor for each
person subject to road duty, as above, to not more than six days :
Provided fm-ther, that ten hours shall constitute a day's work, as
required under this act.
Sec. 10. That it shall be the duty of every supervisor to order
out every such person resident as aforesaid between the first day
of March and the first day of December, annually, to do and per-
form the work aforesaid on the public roads within the district;
and if any such resident, being personally warned by such super-
visor or by leaving a written notice at his usual abode, shall re-
fuse or neglect, having had at least two days' notice to attend by
himself or an able-bodied substitute acceptable to the supervisor,
or, having attended, shall refuse to obey the directions of the su-
1909— Chapter 214. 231
pervisor, or shall speud the time in idleness or inattention to the
duties assi£:ned him. every such delinquent shall forfeit and pay Forfeit for failure
, ,, „ . ^ T 1 11 £ ii to appear and
the sum of two dollars for every such offense, and shall further work.
be liable in all cases of nonattendance to the amount of labor re-
quired by the road trustees in such township, to be recovered by
action before any justice of the peace of the proper township, at
the suit of the supervisor within whose district he may reside, and Misdemeanor.
shall also be guilty of a misdemeanor and fined not exceeding five Punishment.
dollars or imprisoned not exceeding five days ; and the money
so collected shall be applied by said supervisor to the improve-
ment of the roads in his district, and accounted for by him at the
annual settlement with the road tnistees : Provided, that no per- Proviso: neglect
son shall be released from the performance of the labor on the ° ^^per'vi^
public roads by reason of the neglect of any supervisor to order
out such person on or before the first day of December, as herein
provided.
Sec. 11. That in case any person shall remove from any district Removal from
to another, who has prior to such removal performed the whole or
any part of the labor aforesaid or in any way has paid the whole
or any part thereof in lieu of such labor, and shall produce a cer-
tificate of the same from the supervisor of the proper district,
such certificate shall be a complete release for the amount therein
specified.
Sec. 12. That any person of road age, as defined in this act, who Persons warned
shall be summoned, as hereinbefore provided, to perform any labor ° ""^^ °° ^"
upon the public roads under the provisions of this act, shall by
himself or by any able-bodied substitute appear at the place ap-
pointed by the supervisor at the hour of seven o'clock in the fore-
noon, with the necessary tools and implements as the supervisor
may direct, and the supervisor may arrange for the use of teams Teams and
of horses, wagons, carts, plows or scrapers to be employed and ™^chines.
used on the road, under his direction, upon terms and prices to be
approved by the board of trustees.
Sec. 13. That for the purpose provided in the preceding section Residence defined.
of. this act the i*esidence of any person who has a family shall be
held to be where his family resides, and the residence of any other
person shall be held to be where he boards in any road district in
said county.
Sec. 14. That the several supervisors in their respective districts collection of fines
shall collect, by suit or otherwise, all fines, forfeitures and penal- ^""^ penalties,
ties arising or accruing under the provisions of this act, unless
the question thereof is otherwise herein provided for; and they
are hereby authorized and required, before their settlement with
the road trustees, to prosecute to final judgment all persons neg-
lecting or refusing to comply with the provisions of this act, from
whom such fines, forfeitures or penalties can be collected, and the
said judgment, if not paid, together with the costs therein, shall
remain and be in foi'ce against the judgment debtor.
232
1909— CiiAPTEK 214.
Moneys to be
paid over.
Execution on
judgments.
Levy of road tax.
Rate.
• Recommendations
of trustees.
Additional tax.
Proviso: limit.
Collection and
payment of tax.
Road tax listed
separately.
List certified.
Other tax paid
to township
treasurers.
Sec. 15. That all the moneys that remain in the hands of any
supervisor at the time of the annual settlement with the road
trustees shall be paid over to his successor in the office as soon
as such successor shall be elected and qualified, taking a receipt
therefor, and deposit said receipt with the road trustees. It shall
be lawful for any supervisor to sue out executions on any judg-
ment that may remain unpaid within his proper district at any
time when in his opinion the same can be collected, and the money
so received and collected shall be expended as provided in the
foregoing section.
Sec. 16. That the commissioners of said county are hereby au-
thorized to and shall levy at the June session of their board, an-
nually, for public road purposes not less than ten cents nor more
than twenty-five cents on the one hundred dollars' worth of prop-
erty, and the chairman of the county commissioners shall cause
the same to be placed on the list for the current year, to be in-
cluded in and collected in the annual taxes ; that it shall be the
duty of the board of trustees of each township to confer with and
make recommendations to the county commissioners as to the
amount of tax needed in their township for the proper construc-
tion, maintenance and improvement of the public roads in their
township for the current year ; and if the county commissioners
shall be satisfied from such recommendation that any township
needs for the construction, maintenance and improvement of its
public roads a tax in addition to the general levy made for road
purposes under the authority above, they may at their annual
meeting in .Tune or July levy an additional road tax for any such
township: Provided, the same, when added to the general levy
for road purposes aforesaid, shall not exceed the limitation above
set forth in this section. That the road tax, when thus assessed,
shall be collected by the tax collector of said county, under the
penalty and regulations laid down for the collection of other taxes
for said county, and paid out as hereinafter provided.
Sec. 17. That the road tax levied under this act shall be made
out and kept in a separate item on the tax list and appear in a
separate item on the tax receipt ; that the clerk of the board of
county commissioners shall, at the earliest date practicable and not
later than the fifteenth day of September in each year, furnish to
the treasurer of the board of road trustees of each township a
statement containing the name of each person against whom a
road tax is levied in each township and the amount of tax levied
against such person; that the tax collector shall pay the amount
of taxes collected in each township to the treasurer of the board
of township trustees of said township, taking from such treasurer
his receipt therefor, which receipt shall be his valid voucher in
settlement of such tax collector with the commissioners of said
county for the road tax of such township.
1909— Chapter 214. 233
Sec. 18. That the moneys paid iuto the hands of the treasurer Expenditure of
of the road trustees under this act shall he expended as the road ^°^ "" ^"
trustees may direct for the construction, maintenance and improve-
ment of the public roads of their townships, and, in determining
the division of the funds, shall be governed, not by the miles of
road in each district, but by the necessities of the roads, the con-
venience of getting material and quantity of material necessary
to make substantial repairs and improvements, and thus make a Division of funds.
just and equitable division of the funds to the needs of the road,
and said money shall he used, so far as practicable, in making the
most permanent and lasting improvements upon said roads pos-
sible.
Sec. 19. That the treasurer of the board of road tiiistees shall Orders on road
disburse the funds coming into his hands under this act only upon "^ ^"
order, signed by the chairman, stating the person to whom same
is payable, the amount and the purpose for which the same has
been or is to be expended, and the said treasurer shall at any time itemized reports.
the same may he required by the board of road trustees make an
itemized report of the amount of receipts and disbursements which
he has made.
Sec. 20. That the supervisor shall receive for his services the Pay of super-
sum of one dollar per day for the time actually employed on the ^'^°^^-
road, deducting the commutation of the days of labor required in
such township : Provided, the board of road trustees of any town- Proviso: mini-
ship may at any time fix the minimum number of hands to be ™"™ hands.
worked each day by the supervisor, and for such days as he works
a less number he shall not receive pay.
Sec. 21. That any supervisor may contract with any person contracts for
owing .... days' of labor to go over the road in his district or any emergency work.
part thereof, after heavy rains, and repair the same ; and if such Warning for
contractor finds the damage greater than he can repair he shall ^"^^^gency wor .
notify the supervisor, who is hereby authorized and directed to
order out any person owing days' labor, without giving the
two days' notice to do and perform the work on the public road
needing repairs.
Sec 22. That the supervisors of public roads within said county Footbridges.
are hereby authorized and directed to construct footbridges over
streams of water in their districts, where the convenience of trav-
elers on foot requires same.
Sec. 23. That each supervisor within his district or districts posts and guide-
shall erect and maintain at the expense of the township at the boards,
forks or cross of public roads a post and guideboard containing an
inscription in legible letters directing the way and distance to the
town or towns or other public place situate on each road, respect-
ively, and shall erect and maintain mileposts on said public voads jiileposts.
showing the distance from the county seat ; and that any person
who shall willfully demolish, throw down, alter or deface any
234
1909— Chapter 214.
Injury to posts a
misdemeanor.
Punishment.
Tools.
Liability of
supervisor.
Riglit of way.
Certificates for
material taken.
Willful injury to
crops or lands a
misdemeanor.
Punisliment.
Snaking logs a
misdemeanor.
sucli guidepost or milepost shall be guilty of a misdemeanor, and
upon conviction shall be fined not exceeding twenty dollars or im-
prisoned not exceeding twenty days.
Sec. 24. That the road trustees of the several townships in said
county be and they are hereby authorized to furnish plows, scrapers
and other tools as they may deem proper for use upon the public
roads of their townships, to be paid for out of any moneys of the
township for road purposes not otherwise appropriated. The road
trustees shall take a receipt from each supervisor for such imple-
ments as they may deliver to him, showing the number, kind and
condition thereof ; and such supervisor shall be liable for any in-
.iury or damage that may result to such implements or to any of
them by improper use thereof, or by unnecessary exposure to the
weather during the time same may be in his possession ; and he
shall, on the first Monday in May, annually, return the same to
said road trustees ; the amount of which such supervisor may be
liable for such improper use or neglect may be recovered by an
action in the name of the road trustees.
Sec. 25. That the right of way of public roads in said county
shall be twenty-four feet, and the supervisor, with the approval
of the road trustees, shall determine how much of said right of way
shall be used for road purposes.
Sec. 26. That each and every supervisor who shall cut and take
away any timber, stone, clay, marl, sand or gravel for the purpose
of making, improving or repairing any road or building or repair-
ing any bridge or crossway within his district, as is pi'ovided in
section eight of this act. or otherwise, shall, on demand of the
owners of the land, their agent or agents, or the guardian of any
ward or the executor or administrator having the lands in charge,
from which timber, stone, gravel or other material was taken, as
aforesaid, give a certificate showing the quantity of such timber,
stone, gravel or other material, with the value thereof, respectively,
and the time and purposes for which the same were taken, and
upon presentation the road trustees shall allow said certificate, if
the same is .just, but if flot, shall allow such sum, if any, as they
may deem fair and .iust, and any such sum shall be paid out of
the funds of said township.
Sec. 27. That if the supervisor shall willfully and wantonly in-
.jnre any crops or cultivated and improved lands in the exercise of
the duties devolving upon him in this act, or should fail to con-
duct the drain and ditches mentioned in section eight of this act
to the nearest waterway, ditch or drain, and keep said drain or
ditch in repair, he shall be guilty of a misdemeanor and fined not
exceeding twenty dollars.
Sec. 28. Any person engaged in hauling or transporting saw
logs or other timber on any public road who shall transport or
cause to be transported, by means of chains and grab hooks or
1909 — Chapter 214.
236
other means, to be made to slide on the roadbed by a method
known among lumbermen as "snaking logs," shall be guilty of a
misdemeanor, and on conviction shall be fined not exceeding fifty Punishment.
dollars or imprisoned not less than thirty days.
Sec. 29. That it shall be unlawful for any supervisor to per- work on roads
form or cause to be performed work on any road not regularly laid "^^^ established.
out and established as a public road by law.
Sec. 30. That at any time during the year when any public road Removal of
shall be obstructed it shall be the duty of the supervisor of the ° ^ ^^^ ^°^^'
district in which the same may be forthwith to cause such ob-
stmctions to be removed, for which puri>ose he shall immediately
order out such number of persons liable to do work upon the pub-
lic roads of his district as he may deem necessary to remove said
obstruction. If the person or persons thus called out shall have Certificate for
performed their days of labor upon the public road, the supervisor ^ °^'
shall give to such person or persons a certificate for the amount
of labor performed, and said certificate shall apply on the labor
tax that may be due from such person or persons for the ensuing
year : Provided, that nothing herein shall be construed as requir- Proviso: stock-
ing the removal of gates erected to enclose stock-law boundaries sates.
in said county.
Sec. 31. That sections two thousand six hundred and ninety-six. Laying out cart-
two thousand six hundred and ninety-four and one thousand two ^^y^-
hundred and sixty-eight of the Revisal of one thousand nine
hundred and five shall govern the establishing and laying out of
cartways, except as to duties therein imposed upon the board of
supervisors of the township shall devolve upon and be performed
by the board of road trustees for the township : Provided, that Proviso: bonds on
said trustees, in case of appeal, shall require of appellant a bond ^pp*^^ •
sufficient to cover the costs of the appeal.
Sec. 32. That as to unlawful obstruction of public roads and Obstructions by
other injury thereto by railroad companies, sections seventy-two, pan^jes.'^ ^°"^'
seventy-three, seventy-four and seventy-five of chapter fifty of the
Laws of one thousand nine hundred and one shall be and the same
are hereby made a part of this act.
Sec. 33. That each and every supervisor who shall neglect or Forfeit by super-
refuse to perform the several duties enjoined on him by this act, ll^°^ ^°^ ^^^^ ^^*
or who shall, under any pretense whatever, give or sign any re-
ceipt or certificate purporting to be a receipt or certificate for
labor performed or money paid, unless the labor shall have been
performed or money paid prior to the giving or signing of such
receipts or certificates, shall forfeit for every such offense not le.ss
than ten dollars nor more than fifty dollars, to be recovered by an
action before any justice of the peace in the proper county ; and
it is hereby made the duty of the road trustees to prosecute all
offenses against the provisions of this section : Provided, that if Proviso: appeal.
any supervisor conceives himself aggrieved by the judgment of
236
1909— Chapter 214.
Liability on bond
Neglect of duty
a misdemeanor.
Punishment.
Duty of solicitor.
Supervision and
control of bridges
Bridge tax.
Limit.
Speed crossing
bridges.
Money, tools and
property now on
hand.
Surveyors.
When act
effective.
any such justice of the peace he may, on giving sufficient security
to said justice of the peace for the payment of the cost, appeal
to the Superior Court, who shall make such order therein as to
. them may appear just and reasonable, and shall also be liable on
his official bond for any loss resulting from such negligence and
wrongful conduct.
Sec. 34. That any road trustee, supervisor, secretary, treasurer
of board of road trustees or other officer of said county of whom
any act or duty is required in this act to be done or performed,
and who shall neglect or refuse to do any such matter or thing
as herein required, shall be guilty of a misdemeanor and fined not
exceeding two hundred dollars or imprisoned in the discretion of
the court, and it shall be the duty of the Solicitor of the Sixteenth
Judicial District to prosecute all offenses against this act.
Sec. 35. That the commissioners of said county shall have super-
vision and control of the bridges of said county, the location, con-
struction, maintenance and repair of the same, and may let such
contracts and do all such matters and things in connection with
the construction, maintenance and repair of said bridges as are
consistent with the best interests of said county and best subserve
the interests of the traveling public, and may, at their meeting in
June, one thousand nine hundred and nine, and annually there-
after, levy a tax for the maintenance and repair of such bridges,
not exceeding five cents on the one hundred dollars' worth of prop-
erty, which tax shall be collected as other tax for said county ;
that it shall be unlawful to ride or drive over the bridges of said
county in a gait faster than a walk, and all persons violating this
provision shall be fined five dollars and cost.
Sec. 3G. That all money, tools, I'oad implements, machinery and
books now in the hands of any trustee, supervisor or other road
officer of any township or road district in said county and belong-
ing to any such township or district at the time this act goes into
effect shall be turned over and delivered to his or their successor
or successors under this act.
Sec. 37. That with the view of getting a proper grade in laying
out or mending any public road, as provided in this act, the author-
ities hex'ein authorized to lay out and locate the same may employ
a competent surveyor, who shall be paid by the county for his
services.
Sec. 38. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 39. That this act shall be in force from and after the thirty-
first day of March, one thousand nine hundred and nine.
Ratified this the 18th day of Tebruary, A. D. 1909.
1909— Chapter 215—216. 237
CHAPTER 215.
AN ACT TO PREVENT THE SALE OF NEAR BEER AND
LIKE DRINKS IN REIDSVILLE TOWNSHIP, ROCKINGHAM
COUNTY.
The General Assem'bhj of North Carolina do enact:
Skctioiv 1. That it shall be unlawful for any person, firm or Beverages tor-
corporation to sell or offer for sale any near beer or other drinks
as a beverage containing more than one-half of one per cent alco-
hol, the sale of which requires a United States license; that this Application of act.
shall apply to Reidsville Township, Rockingham County, only.
Sec. 2. That every person, firm or corporation violating the pro- Misdemeanor,
visions of this act shall be guilty of a misdemeanor.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 18th day of February, A. D. 1909.
CHAPTER 216.
AN ACT TO SUPPLEMENT SMITHVILLE TOWNSHIP
GOOD-ROADS FUND.
Whereas, by virtue of chapter one hundred and fifteen of the Preamble.
Public Laws of one thousand nine hundred and eight, passed at
the extra session, an election was duly held under said act, good-
roads bonds voted by the electors in said Smithville Township, and
the same issued and sold to the amount of twelve thousand dol-
lars ; and whereas it now appears that there is not a sufficient
amount of said fund in hand to complete the work planned and
undertaken with said fund, and there will probably be a loss of
much that has been expended unless the said fund is supplemented
by additional funds to enable the trustees to complete the work ;
and whereas it is desii-ed to submit to the voters of said Smithville
Township, Brunswick County, the question whether or not an ad-
ditional fund shall be provided by bond issue by said township to
further and complete the road work undertaken an"d further the
necessary road work in said township : now, therefore,
The General Assemhly of North Carolina do oiact:
Section 1. That the Board of County Commissioners of Bruns- Election to l)e
wick County shall be and they are hereby authorized, empowered petmoii.
and directed, upon the filing of a petition, signed by at least one-
fourth of the qualified voters in said Smithville Township, to
order an election and provide for the same to be held in said town-
238
1909— Chapter 216.
Question to be
voted on.
New registration
not to be ordered,
Law governing
election.
Issue and sale of
bonds if voted.
Proviso: amount.
Interest.
Law extended.
Bond of treasurer.
ship, and submit to the qualified voters therein the question of the
issue of additional township good-roads bonds to supplement the
present fund, which question submitted shall be on a sum certain,
not to exceed eight thousand dollars.
Sec. 2. That the said election shall be held without a new regis-
tration, and shall be in all other respects called and held in the
same manner and form and under the same regulations as is di-
rected in said chapter one hundred and fifteen of the Laws of one
thousand nine hundred and eight for holding the road-bond elec-
tion in said township.
Sec. 3. That in case a majority of the qualified voters in said
township shall be found to have voted "For Good-roads Bonds"
in. such election herein provided for, and the said result so de-
clared, the Board of County Commissioners of Brunswick County
shall provide and sell to the best advantage the bonds so author-
ized by said election, and shall number the said bonds consecu-
tively from that number last sold under the former issue, m the
same manner and form and under the same provisions of law as
are prescribed and provided in said chapter one hundred and fif-
teen of the Laws of one thousand nine hundred and eight : Pro-
vided, that the total issue shall not exceed eight thousand dollars
and that the rate of interest shall not exceed five per cent per
annum, and, further, that no bond shall be sold for less than its
face value.
Sec. 4. That chapter one hundred and fifteen of the Public Laws
of one thousand nine hundred and eight, passed at the extra ses-
sion, and all and every part and provision therein contained, in
so far as it or they may be applicable to the purposes of this act,
in so far as it or they do not conflict with the provisions of this
act, is hereby enacted, adopted, incorporated and made a part of
this act in its full force and effect to further the intents and pur-
poses of the same.
Sec. 5. That the bond of the county treasurer, as custodian of
this fund, shall in its penal sum equal at least the total amount
of said fund likely to come into his hands by virtue of his oflice,
to be determined by said board of county commissioners.
Sec 6. That all laws and clauses of laws in conflict with the
purposes of this act are hereby repealed.
Sec 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 19th day of February, A. D. 1909.
1909— Chapter 217. 239
CHAPTER 217.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF CAR-
TERET COUNTY TO BUILD BRIDGES AND TO ISSUE
BONDS AND TO LEVY A SPECIAL TAX FOR THE SAME.
The General Assemhli/ of ISiOrth Carolina do enact:
Sectiox 1. That the Board of Commissiouex's of Carteret County Special tax
may levy a special tax, observing the constitutional equation, if authorized.
sa,i(i tax be necessary, to construct bridges over any of the streams
of said county and for the purpose of building roads in said
county.
Sec. 2. That said board of commissioners may also issue and Bond issue
sell bonds, not exceeding thirty thousand dollars, or any part Amount^^'
thereof, if they shall deem it necessaiy to do so, in order to pro-
vide funds sufficient for said purpose.
Sec. .3. That said commissioners are hereby authorized to sub- Bond issue to be
mit the question of the issuance of said bonds to the qualified voted on.
voters of said county, on such a day as may be fixed by them, after Notice.
thirty days' notice, and may in their discretion order a new regis- New registration,
tration for said election, and that said election and registration Law governing
shall be held under the rules and regulations that are prescribed ^ '°'^'
for the election of members of the General Assembly.
Sec. 4. Said bonds, if issued, shall be issued in denominations Denominations,
of one hundred to five hundred dollars, as the board of county
commissioners may determine. They shall be dated July first. Date and
one thousand nine hundred and nine, and run thirty years from maturity.
the date thereof ; they shall be signed by the chairman of the Authentication.
board of county commissioners and attested by the register of
deeds, as clerk of said board, and shall have the county seal af-
fixed thereto ; they shall be consecutively numbered, and shall interest.
bear interest at a rate not exceeding five per cent per annum, and
shall express upon their face the purpose for which they are issued
and when and where the same are payable.
Sec. .5. Interest coupons shall be attached thereto, numbered to coupons.
correspond with the numbers upon said bonds, payable the first
day of .July and January of each year, and shall bear a facsimile
of the signature of the chairman and the clerk of said board.
Sec, G, The commissioners aforesaid may sell all of said bonds sale of bonds.
or may sell any part thereof, from time to time, at public or pri-
vate sale, with or without notice, as funds may be required for
the purpose aforesaid, within the discretion of said board, but sale not below
none of said bonds shall be sold for less than their face value, ^^"^^
with accrued interest at the time of said sale.
Sec 7, The clerk of said board shall keep a complete record of Record of bonds,
said bonds, showing the date and amount of each, when and to
whom issued and sold, the amount received for same, and the date
on which the same shall mature.
240
1909— Chapter 217
Sinking fund.
Sinking fund
committee.
Proviso: county
commissioners
not relieved.
Special tax for
interest and
sinking fund.
Investment of
sinking fund.
Omissions and
acts of county
commissioners
declared misde-
meanors.
Reports of sinkin;
fund.
Sec. S. That said board of commissioners and their successors
in office shall create and maintain a sinking fund for the redemp-
tion of said bonds at maturity. The amount paid to the sinking
fund herein provided shall not be less than three per cent ainiually
of the principal amount of said bonds outstanding under this act,
and the said board of commissioners shall require the sinking-
fund committee of said county to see that the provisions of this
section are complied with : Provided, that nothing in this section
shall be construed to relieve the said board of commissioners from
the duty of creating and maintaining said sinking fund.
Sec. 9. That if the current revenues of said county are not suf-
ficient to pay interest on said bonds and to create and maintain
said sinking fund, it shall be the duty of said board of connuis-
sioners to levy annually and cause to be collected annually, in the
usual course and by the usual methods, a special tax, observing
the constitutional equation, on all subjects of taxation, sufficient
to pay the interest on said bonds and create and maintain the
sinking fund herein provided for their final redemption at ma-
turity.
Sec. 10. That the sinking fund herein provided may be invested
in State, county, municipal or other bonds, or safe securities, or
in loans secured by first mortgage on real estate, said loans not
to exceed fifty per cent of the assessed taxable value of said real
estate ; said bonds, securities and loans to bear interest at not less
than five per cent per annum.
Sec. 11. That if said board of commissioners shall fail or refuse
to provide for the payment of said interest and for the creation
and maintenance of said sinking fund, as hereinbefore directed, or
if said board of commissioners or any other public ofiicers of Car-
teret County shall apply the funds belonging to said sinking fund
to any other purpose, or shall use the same for any other purpose
than that provided for in this act, they or either of them shall be
guilty of a misdemeanor.
Sec. 12. The sinking-fund committee of said county shall report
annually to the board of commissioners of said county, at eveiy
January meeting of said board, as to the condition of the sinking
fund herein provided, sho^^'ing the amount due said fund and the
amount paid the same by said county, and the nature and amount
of all investments made of said fund, which report shall be re-
corded and published.
Sec. 13. This act shall be in force from and after its ratifica-
tion.
Ratified this the lOth day of February, A. D. 1909.
1909— CiiAPTEK 218—219. 241
CHAPTER 218.
AN ACT TO AMEND SECTION 4498 OF THE REVISAL OF
1005, RELATING TO THE LICENSING OF PHYSICIANS.
The General Assembly of North Carolina do enact:
Section 1. That section four thousand four hundred and ninety-
eight of the Revisal of one thousand nine hundred and five be
and the same is hereby amended by adding at the end of said sec-
tion the following: "Provided still further, that the said lioard Proviso: modi-
. . X, -.■j.- J- J.-1. 1 Tj. 1 fications of re-
may, whenever in its opinion the conditions of the locality where quirements.
the applicant resides are such as to render it advisable, make such
modifications of the requirements of this section, both as to appli-
cation for examination and examination for license, as in its judg-
•ment the interests of the people living in said locality may de-
mand, and may issue to such applicant a special license, to be Limited license,
entitled a 'Limited License,' authorizing the holder thereof to
practice medicine and surgery within the limits only of the dis-
trict specifically described therein. The holder of the limited Misdemeanor.
license practicing medicine or surgery beyond the boundaries of
the district as laid down in said license shall be guilty of a mis-
demeanor, and upon conviction shall be fined not less than twenty- Punisiiment.
five dollars nor moi'e than fifty dollars for each and every offense ;
and the said board is empowered to revoke said limited license, in Revocation of
its discretion, after due notice. The clerk of the Superior Court,
in registering the holder of a limited license, shall copy upon the Registration of
liCGllSf
certificate of registration and upon his record the description of
the district given in the license.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 19th day of February, A. D. 1909.
CHAPTER 219.
AN ACT TO AMEND CHAPTER 20, LAWS OF 1908. RELATING
TO HOLDING OF COURTS OF ONSLOW COUNTY.
The General Assembly of North Carolina do enact:
Section L That the term of the Superior Court for Onslow Term postponed.
County, which, by chapter twenty, Public Laws of one thousand
nine hundred and eight, is ordered to be held on the first Monday
in March, one thousand nine hundred and nine, shall be postponed Date of term to
and held instead on the second Monday in May, one thousand nine ^ ^ ■
hundred and nine. All summonses, notices, proceedings and proc- Return of process.
Pub.— IG
242
190U— CiiAPTEii 21D— 220.
Defendants,
witnesses ami
jurors.
esses returiuible to said March term, oue thousand niue hundred
and nine, shall be deemed and held returnable as if originally
issued returnable to the second Monday in May, one thousand nine
hundred and nine. All defendants bound over, all witnesses sub-
poenaed and all jurors summoned to appear at said March term,
one thousand nine hundred and nine, of Onslow Superior Court,
shall be and appear at the term hereby ordered to be held for said
county of Onslow on the second Monday in May, one thousand nine
hundred and nine, without again being summoned or notified.
Sec. 2. This act shall be in foi-ce from and after its ratification.
Ratified this the 19th day of February, A. D. 1909.
CHAPTER 220.
AN ACT TO PROVIDE FOR LEVYING A SPECIAL TAX FOR
PUBLIC ROADS IN MITCHELL COUNTY, AND FOR OTHER
PURPOSES.
Sections of re-
visal declared part
of road law.
Overseer defined
as contractor.
Notice for letting
roads to contract.
Publication of
notice.
The General Assembly of 'North Carolina do enact:
Section 1. That so much of the following sections of chapter
sixty-five, Revisal of one thousand nine hundred and five, as do
not conflict with this act, be and the same is hereby declared a
part of the public-road law of Mitchell County, to-wit, sections
two thousand six hundred and eighty-one, two thousand six hun-
dred and eighty-two, two thousand six hundred and eighty-four,
two thousand six hundred and eighty-five, two thousand six hun-
dred and eighty-six, two thousand six hundred and ninety, two
thousand six hundred and ninety-three, two thousand six hundred
and ninety-five, two thousand six hundred and ninety-seven, two
thousand seven hundred, two thousand seven hundred and four,
two thousand seven hundred and twelve, two thousand seven hun-
dred and twenty, two thousand seven hundred and twenty-one.
two thousand seven hundred and twenty-two, two thousand seven
imndred and twenty-three and two thousand seven hundred and
twenty-four. Wherever the word "overseer" occurs in either of
said sections it shall, for the purposes of this act, be construed to
mean "contractor."
Sec. 2. That the commissioners of Mitchell County shall, on the
first Monday in .Tune, one thousand nine hundred and nine, and
annually thereafter, is.sue notice that all public roads shall be
let to contract to the lowest responsible bidder, at a specified price
per mile, in sections of not less than two miles. Said notice shall be
immediately inserted in a newspaper for four consecutive weeks,
if there be one published in said county, or by posting the same at
the courthouse door and two other public places in each township
1909— Chapter 220. 243
for thirty days. Said notice shall state that no bids will be con- Bids.
sidered unless they are written, sealed and addressed to the chair-
man of said board. Every bid for each section shall briefly and
clearly describe the section bid on, giving the number, size and
material of which the bridges are to be built or repaired, if any,
and ihe number of miles in each section.
Sec. 3. That on the first Monday in July, one thousand nine Opening of bids
hundred and nine, and annually thereafter, the chau-man of the contracts.
board shall, in the presence of a majority of the members thereof
and all persons desiring to be present, open said bids filed with
said chairman orr or before said date, pass upon same and let said
contracts to the lowest responsible bidders : Provided, the said Proviso:^power to
conmiissioners may reject any bid that for good reasons is unsatis-
factory to said board, and let said section or sections privately, if
in their discretion it is deemed best: Provided further, that no Proviso:^bidders
bid shall be accepted until the bidder shall' have filed with the °^''^
commissioners a justified bond, conditioned for the faithful per-
formance of his duty, in the sum of not less than two hundred nor
more than six thousand dollars for each section, said bond to be
approved by the board. Said contractor shall be liable upon his Liability on bond,
bond for damages that may by any person be sustained because
of his negligence to keep his road in good condition : Provided fur- Proviso:^roads not
theniiore. that in the event no bids shall be filed for any part of privately.
the public roads, all such roads may be let to contract privately.
Sec. 4. That the board of commissioners shall, at their regular Special tax to be
meeting on the first .Monday in June, one thousand nine hundred
and nine, and annually thereafter, levy a special tax of fifty cents Rate.
on each one hundred dollars' worth of property subject to taxation,
for road and bridge purposes, to be known as the road fund of
said county, said tax to be levied and collected as other taxes, and Levy and
to be faithfully applied as herein set out: Provided, the commis- pj.o^,igo. road tax
sioners may, upon the request of the mayor of any incorporated in towns.
town, allow the authorities thereof to collect and expend the road
taxes within said town as they may desire.
Sec. 5. That all able-bodied male persons of said county be- Road duty.
tween the ages of twenty-one and forty-five years shall be subject
to road duty and be liable to work on the public roads of said
county for four days of ten hours each in every year, the road
year to begin on the first day of July, one thousand nine hundred
and nine : Provided, that no one shall be required to work more Proviso; intervals
than two days consecutively, and that fifteen days shall intervene °
between each two days' work. The contractor shall give to each ^oytraaor^to
person subject to road duty on his section at least three days' no-
tice, except in case of washout, in which case he shall ajjjiear and Warning in cases
work immediately upon being warned by the contractor, by per-
sonal notice or by leaving a wn-itten notice at the home or resi-
dence of such person, stating when and where the work is to be
244
1909— Chapter 220.
Proviso: com-
mutation.
Receipt for com-
mutation or worli,
Failure or refusal
to work a mis-
demeanor.
Punishment.
Pay to township
supervisor.
Dates for in-
spection.
Designation of
inspector.
Reports of
supervisor.
Pay for reports
and mileage.
done, and naming the tool or implement which such person is re-
quired to bring, allowing him to AA'ork as near his home as may be
practicable for the contractor to make or arrange : Provided, that
any person desiring to do so may pay to the contractor the sum
of one dollar per day in lieu of work of each of said days. In
case he shall pay the four dollars or any part thereof, or work
four days or any part thereof, it shall then become the duty of
the contractor to issue to such person a printed stub receipt for
the same, stating the amount paid or worked, the year for which
the same is paid or worked, which receipt shall be a valid dis-
charge for so much money or work for the year -set out in such
receipt.
Sec. 6. That any person due free labor who shall fail or refuse
to work himself or furnish an able-bodied substitute, after being
duly warned and having failed to pay as hereinbefore provided,
shall be guilty of a misdemeanor, and shall upon conviction there-
for be fined not less than five nor more than twenty dollars or
imprisoned not more than twenty days for each offense. If, hav-
ing been warned and having come to the place appointed to work,
he shall fail, neglect or refuse to do reasonable work by idling or
"killing time," the contractor may in his discretion discharge him
and immediately take him with a warrant for failure to work on
the public roads.
Sec. 7. That section two thousand seven hundred and twelve of
the Revisal of one thousand nine hundred and five be and the same
is hereby amended, so as to authorize the county commissioners
to pay such reasonable compensation to one member of the board
of township supervisors as shall by said commissioners be deemed
suflicient to enable the said supervisor to go over and personally
inspect the public roads of his township three times a year, in the
last week in March, September and December of each and every
year. The said board of supervisors shall designate the member
of their board, and the county commissioners shall determine his
pay, which shall in no case exceed one dollar per day of ten hours
each for every day he shall actually be employed in traveling over
and examining the said roads. The said supervisor shall, on the
first Monday following each inspection, make and file with the
commissioners a brief written report of the conditions of each
section of road in his township, stating whether the same is in bad,
fair, good or very good condition. He shall also state what per-
manent improvement or improvements have been made since the
last report, if any, suggesting any needed improvement that he
may deem advisable and practicable. For each of such reports
the commissioners shall pay not less than one nor more than five
dollars, at their discretion, and five cents per mile from the home
of the supervisor to Bakersville by the usual route of travel. The
said supervisor shall, at the same time and in the same report,
1909— Chapter 220. 245
swear to the number of days be bas actually been engaged in look-
ing over the public roads in bis township : Provided, the board of Proviso: inspector
supervisors may appoint another than a member of their board to visor.
inspect the roads.
Sec. 8. That it shall be the duty of the Sheriff of Mitchell Lists of insolvents
County to make a complete list, in alphabetical order, of all per- sheriff.^ ^
sons between the ages of twenty-one and fifty years, on a separate
sheet, for each township, from whom he could collect no poll tax
for the previous year ending on July first next preceding, and he
sliall return the same on the first Monday of August of each year
to the county commissioners, whose duty it shall be to transmit
such list of insolvents to the chairman of the township supervisors,
which said list shall by them be turned over to the respective con-
tractors of the townships in the county. All such insolvents shall
be liable for road duty as other hands subject to free labor. Such Poii tax to be
insolvents shall have the privilege to appear in person or send an ^^'^'^'^^"i °^t-
able-bodied substitute to work under the road contractor at one
dollar per day until such poll tax is fully paid. When any such Receipts for work
insolvent shall have by labor paid his poll tax he shall receive a °^ ^ ^^^"
receipt in full, as in cases of free labor on the public roads. If Penalty for failure
he shall fall to work or pay his poll tax in cash, he shall on con- pou tax.
viction be liable to the same penalties as are free laborers, as pro-
vided in section six of this act.
Sec. 9. That every person, company or corporation desiring to License to loggers
transport over the roads of Mitchell County lumber or logs, or ^""^ lumbermen,
lumber and logs, as the case may be, to the amount of fifty thou-
sand feet, shall, before so doing, obtain from the commissioners of
said county a license, and for such license shall pay the sum of Rate of license,
ten dollars for the first fifty thousand feet and five dollars for
every additional fifty thousand; and every person or company de- License for
siring to drag or "snake" logs over any public road in said county ^"'^ '"^ °^^"
shall, before doing so, obtain from the board of commissioners of
said county a license, paying therefor not less than two nor more
than fifty dollars per annum for each section of not more than License fees
two miles over which logs are to be "snaked," all of which moneys J-oad'^fund^'^ ^'^
shall by the commissioners be turned over to the treasurer of the
road fund.
Sec. 30. That all public roads which have by the commissioners Public roads
been surveyed, located and constructed, or partly constructed, prior '^^^n'^'^-
to the coming into effect of this act shall, by the present board of
commissioners, for the purposes of this act, be considered public
roads : Provided, hotoever, the commissioners may in their sound Proviso: changes
discretion make any change in the location or grade, or may, if '" ^°^ ®"
they deem just and proper, entirely reject any particular piece of
road believed by them to be impracticable or otherwise undesira-
ble. The commissioners may also, if deemed by them just and New roads sur-
proper, order to be suveyed and let to contract at any time, after contract" ^ °
246
1909— CiiAPTEK 220.
Proviso: limit of
expenditures.
Prisoners to be
worked on roads.
Proviso: females
not worked.
Convicts from
other counties.
Proviso: working
convicts optional.
Roads withheld
from contract if
convicts vv'orked.
Road builders
employed as
inspectors.
Duties of in-
spector.
Reports.
Payment refused
for negligence of
contractors.
Sections relet.
Suit for penalties,
advertising the same for thirty days, taking bond as hereinbefore
pi'ovided, any new road : Provided further, that there shall not in
any one year be more money expended for repairing and building
roads in said county than the fund raised under the provisions of
this act.
Sec. 11. That all persons confined in the county jail under final
sentence of the court for crimes, or imprisoned for nonpayment of
costs or fines, or under final judgment in cases of bastardy, or
under the vagrant acts, all insolvents who shall be imprisoned for
nonpayment of costs and all persons who may be sentenced to the
State's Prison for a term of not more than ten years may be
worked on the public roads of the county, under such rules and
regulations as may by the commissioners of said county be deemed
reasonable, just and safe: Provided, that no female shall be
worked on the public roads.
Sec. 12. That the said board of commissioners are hereby au-
thorized to accept convicts from other counties of the State sen-
tenced by the Superior Court Judges, whenever in their judgment
it is advisable so to do, the cost of transporting such convicts
being paid out of said road fund, unless otherwise ordered by said
board of connnissioners : Provided, that it is optional with the
board of commissioners whether convicts shall be worked upon the
public roads of said county.
Sec 13. That in case the commissioners shall deem it advisable
to work convicts upon the public roads, they may withhold from
contract, as hereinbefore provided, the public roads of any town-
ship in said county or a part of the public roads of any township
or townships for the purposes of Avorking convicts thereon.
Sec. 14. That it shall be the duty of the board of commissioners
to employ, at a cost not exceeding two dollars per day of ten hours
each, one or more practical road builders, whose duty it shall be
to travel over and carefully inspect, in the month of June of each
year, all the public roads of said county which have during the
preceding year been let to contract. He shall, on or before the first
Monday in July next after such inspection, file with the board of
commissioners a brief written reiiort of the condition of the public
roads in the county. He shall state the condition of each section in
each township, naming permanent improvements that have during
the past year been made, and suggesting any needed improvements.
He shall carefully note any negligence of any contractor to do or
perform anything he should have done to put and keep in good re-
pair his road. If upon the filing of this report, or that provided
for in section seven in this act, it shall appear to the satisfaction
of the board of commissioners that any contractor has failed or
neglected to comply with the terms of his contract, they may in
their discretion refuse payment and relet said section, as herein-
before provided, and immediately bring suit at the next term of
1909— Ckaptee 220. 247
the Superior Court for the penalty of the bond. He shall likewise
state the number of clays he has actually been engaged as such
inspector of roads ; all of which shall be A-eritied.
Sec. 15. That the contractor shall keep a book, in which he is Duties of con-
required to. carefully record the names of those who did road duty '^'^^^'*''-
as free laborers, insolvents or otherwise during each quarter, to-
gether with the amount of money received fi'om each and the
number of days worked by each hand. It shall also be his duty
to diligently and carefully inquire and see to it that all persons
liable to road duty residing on or near his section pay, furnish an
able-bodied substitute or work himself, as provided in this act,
swearing out warrants for such enfoi'cement, when necessary.
This book of records shall be exhibited and sworn to before the Book of con-
board of commissioners, quarterly, on the first Monday in October, aml'^s'woni to!*^
January, April and July in each and every year. That prior to Payments to
the exhibiting of said report the commissioners shall in no case contractor?.
pay the contractor more than fifty per centum of the amount which
may at any time be due him. If upon examination of said report
it shall satisfactorily appear that the provisions of this act and
the terms of the contract have been fully complied with, they may
settle in full, but before settlement at the end of the year, the
first Monday in July, one thousand nine hundred and ten, and each
year thereafter, the board of commissioners shall carefully scrutin-
ize the report of the road builder, in order to inform themselves
whether or not the provisions of this act and the terms of the con-
tract have been fully complied with : Provided, that in such final Proviso: deduc-
settlement the commissioners shall, from said report of road ({.""^ i3ri™.*^"""
builder, supervisor, or otherwise, ascertain the amount paid iii
money and labor ; or if they shall from either or all of said sources
learn that any contractor has failed, neglected or refused to col-
lect any money which, as such contractor, he should have collectetl.
or if he has failed, neglected or refused to have any and every
person liable for road duty pay, labor or furnish a substitute, as
provided herein, all such moneys and labor shall by the county
conuuissioners be deducted from the contract price for keeping in
repair such section or sections during the entire road year: Pro- Proviso: matters
ridcd further, that the board of commissioners shall, on or befor(> coiirUioii'se door,
the fii-st Monday in Jul.v, one thousand nine hundred and ten, and
annually thereafter, post at the courthouse door the amount of
road fund raised under the provisions of this act, the cost of keep-
ing in repair each section, of building each piece of new road, or
inspecting in each township, of annual inspection, and the amount
of road fund unexpended.
Sec. 10. That all steel mattocks, picks, shovels, scrapers, ham- Tools to be turned
niers and all other tools for working the public roads of Mitchell '"'
County which are now in the possession of the county superin-
tendent oi- townshij) sniiervi.sors of said county, thoy being the
248
1909— Chapter 220—221.
Neglect of duty
a misdemeanor.
Punishment.
Proviso: section
not to affect sec-
tion 6.
Secretary of state
to furnish copies
of act.
When act
•effective.
pi'opei-ty of said county, shall by said supervisors be delivered to
the chairman of the board of comuiissiouers on or before the fif-
teenth day of July, one thousand nine hundred and nine.
Sec. 17. That any officer, person or company failing, neglecting
or refusing to do or perform any duty herein imposed shall be
guilty of a misdemeanor, and shall upon conviction therefor be
fined or imprisoned, or both (fined and imprisoned), at the discre-
tion of the court : Provided, that this section shall not be so con-
strued as to affect or in any way conflict with the provisions of
section six of this act. The Secretary of State shall immediately
furnish the chairman of county commissioners of Mitchell County
with two hundred copies of this act for the use of the road author-
ities.
Sec. 18. That all laws and parts of laws in conflict with this act
are hereby repealed.
Sec. 19. That for the purposes of giving the notice as is pro-
vided in section two, and of levying the tax as provided in section
four, this act shall be in force from and after the first Monday in
June next, and in full force from and after the first Monday in
July, one thousand nine hundred and nine.
Ratified this the 19th day of February, A. D. 1909.
CHAPTER 221.
AN ACT TO AMEND CHAPTER 131, PUBLIC LAWS OF 1908,
AUTHORIZING THE COMMISSIONERS OF LEE COUNTY
TO ISSUE BONDS.
Tax for interest
and sinking fund.
Rate.
The General Assembly of North Carolina do enact:
Section 1. That chapter one hundred and thirty-one, Public
Laws of one thousand nine hundred and eight, be amended by
strilcing out all of section three thereof and inserting in lieu
thereof the following : "Sec. 3. That for the purpose of paying the
accrued interest on said bonds and to provide a sinlving fund for
the payment of the principal when due, the Board of Commission-
ers of Lee County shall levy and cause to be collected, annually, as
other taxes are levied and collected, a tax upon all real and per-
sonal property, rights and credits now or hereafter subject to taxa-
tion for general purposes, not exceeding twenty cents on each one
hundred dollars' worth of property and upon each taxable poll a
tax of not exceeding forty cents."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
249
1909— Chapter 222—223—224.
CHAPTER 222.
\X \CT TO \MEND CHAPTER 987 OF THE PUBLIC LAWS
* OF 1907, RELATIVE TO THE BOUNDARY LINE BETWEEN
WILKES AND ASHE COUNTIES.
The General AssemhJy of North Carolina do enact:
Section 1. That chapter uiue hundred and eighty-seven of the
Public Laws of one thousand nine hundred and seven be amended
as follows : In section one, line five, insert after the words "Cross
Mountain" the following: "so as to include the present lands of Lands mduded
Charles and T. F. Miller in Ashe County."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of Februai-y, A. D. 1909.
CHAPTER 223.
AN ACT RELATIVE TO FEES OF JUSTICES OF THE PEACE
IN MONTGOMERY COUNTY.
The General Assembly of North Carolina do enact:
Sfction 1 That in all criminal cases where the defendant or Fees allowed on
i5Li.iiuiN -I., -i-iicii- ^ ^ /, ,r J- „^ „ conviction.
defendants are convicted in the Superior Court of Montgomery
County, justices of the peace shall be paid their full fees, if any be
legally taxed in the bill of cost.
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 this the 20th day of February, A. D. 1909.
CHAPTER 224.
AN ACT TO CHANGE THE BOUNDARY LINE BETWEEN
NASHVILLE AND CASTALIA TOWNSHIPS, IN THE COUNTY
OF NASH.
The General Assembly of North Carolina do enact:
Section 1. That the boundary line between Nashville and Cas-
talia townships, of Nash County, on the south side of the Nash-
ville and Castalia Road, shall be as follows: Running down the Coursers and
Old Boddie Mill path, or avenue, to the line of L. W. Boddie's
land ; thence with L. W. Boddie's northern line to Stony Creek.
250
1909— Chaptek 22.1 — 225— 22G.
Sec. 2. That all laws and clauses of laws contrary to the ijro-
visions of this act are hereby repealed.
Sec. 3. That this act shall be in force and effect from date of
ratification.
Ratified this the 20th day of February. A. D. 1900.
Itemized state-
ment of accounts
and expenses
audited to be
posted.
Statement to show
expenses for each
month.
CHAPTER 225.
AX ACT TO DIRECT THE COUNTY COMMISSIONERS OF
HARNETT COUNT T TO PUBLISH A STATEMENT OF THE
EXPENSES OF THE COUNTY.
The General AssenihJij of North Carolina do enact:
Section 1. That the county commissioners of Harnett County
shall, annually, on or within five days next before the first Mon-
day in December, cause the clerk' of their board to make out and
certify and have published by posting in a conspicuous place in the
courthouse the amount, items and nature of all the accounts and
expenses of the county audited by them.
Sec. 2. That it shall be the duty of the said board of county
commissioners, in making the statement required by section one
of this act, to cause the same to show the expenses of said county
for each month and the items and nature thereof.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of Februarv. A. D. 1909.
Joint action of
commissioners
and justices.
CHAPTER 226.
AN ACT TO AMEND SECTION 1310 OF THE RE VI SAL OF
1905, RELATIVE TO COMMISSIONERS AND JUSTICES OF
THE PEACE OF MONTGOMERY COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand three hundred and nine-
teen of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by striking out, in line one, the words
"counties of Montgomery" and inserting in lieu thereof the word
"county" ; and amend line two of said section by striking out the
first word, "and," in said line, and by striking out in line eleven,
after the word "said," the word "counties." and inserting in lieu
thereof the word "county."
Sec. 2. That this act shall be in force and effect from and after
its I'atification.
Ratified this the 20th day of February. A. D. 1909.
1909— Chaptek 227— 228. 251
CHAPTER 227.
AX ACT TO AMEND CHAPTER 55G, PUBLIC LAAVS OF 1907,
RELATING TO THE STOCK LAW IN MADISON COUNTY.
The General Assembly of Isorth Carolina do enact:
Section 1. That section one, chapter five hundred and fifty-six. Townships added
Public Laws of one thousand nine hundred and seven, be and the territon'^^^^
same is hereby amended by adding after the words "number
twelve," in line three thereof, the following : "Hot Springs, Num-
ber Nine ; Shelton Laurel, Number Two ; Big Laurel, Number Ten :
Upper Laurel, Number Eleven; Foster's Creek, Number Sixteen,
and Grapevine, Number Fourteen."
Sec. 2. That chapter five hundred and fifty-six, Public Laws of Declaration as to
one thousand nine hundred and seven, section four, be and the ^''^ " ^^^^^'
same is hereby amended by striking out the word "to," in line two
thereof, between the words "authority" and "declare," and insert-
ing in lieu thereof the words "and shall."
Sec. 3. That section four of chapter five hundred and fifty-six, County and State
Public Laws of one thousand nine hundred and seven, be and the
same is hereby amended by striking out the word "or," in line
two, between the words "range" and "river," and insei"ting after
the word "river," in said line two, a comma, and the words "or
the county line or any part of the county line between the counties
of Madison and Yancey, and the State line or any pai-t of the State
line between the State of Tennessee and the county of Madison.
North Carolina."
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 228.
AX ACT TO INCREASE THE DUTIES AND PAY OF THE
MEMBERS OF THE BOARD OF COMMISSIONERS OF HAY-
WOOT) COUNTY.
That whereas the great increase in the pul)lic business and the Preamble,
constant growth of Haywood County has necessarily increased the
duties of the county officials : now, tlierefore.
The General Assembly of 'North Carolina do niact:
Section 1. That it shall be the duty of the chairman of the Time spent in
Board of Commissioners of Haywood County, or some member of c^^iftyyome'of
said board that he may designate, to spend two days previous to convict camp.
252
1909— Chapter 228—229.
Per diem and
mileage.
their regular meeting iu each month either at their office in the
town of Waynesville or visiting the county home and road convict
camp and attending to all other public business that may be re-
quired of them by law.
Sec. 2. That each member of the Board of Commissioners of
Haywood County shall be allowed the sum three dollars ($3) per
day and mileage for the actual time employed in the discharge of
their duties.
Sec. 3. That all laws and parts of law coming in conflict with
this act are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 229.
AN ACT TO CREATE A NEW TOWNSHIP IN NASH COUNTY,
TO BE KNOWN AS "RED OAK TOWNSHIP."
New township
created.
Name.
Territory.
Boundaries.
The General Assembly of North Carolina do enact:
Section 1. That a new township be and the same is hereby cre-
ated in the county of Nash, to be known as "Red Oak Township,"
to be formed of parts of Stony Creek, Nashville and South Whita-
ker's townships, in said county, with polling place to be at Red
Oak.
Sec. 2. That the boundaiy lines of said Red Oak Township shall
be as follows : Beginning at the mouth of Parker's Creek, on Swift
Creek ; thence up said Parker's Creek to the Nashville and Hil-
liardston Road ; thence along the Nashville and Hilliardston Road
to where the White Stone Branch crosses said Nashville and Hil-
liardston Road ; thence down said White Stone Branch to whei'e
it empties into Pig Basket Creek ; thence down said Pig Basket
Creek to the Nashville and Red Oak Road ; thence along the Nash-
ville and Red Oak Road to where the Rocky Mount and Hunter's
Hill Road enters said Nashville and Red Oak Road ; thence along
said Rocky Mount and Hunter's Hill Road to a point in said road
where a public path leading from the Rocky Mount and Red Oak
Road by P. A. May's intersects said Rocky Mount and Hunter's
Hill Road, just below J. J. Dickens' : thence along said public
path to P. A. May's store ; thence with a public path leading from
P. A. May's store by Joel Price's place to the Rocky jNIount and
Red Oak Road ; thence up said road to a line dividing the estate
of George Price and George Gay ; thence with said line to the
Horse Pen Branch ; thence down the various courses of said Horse
1909— Chaptek 229—230. 253
Pen Branch and Bynum's mill run to Swift Creek ; thence up the
various courses of said creek to the beginning.
Sec. 3. That the said Red Oak Township shall have all the llights, powers
rights, powers and privileges now granted to townships by law. ^^'^ privileges.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 20th day of FebruaiT, A. D. 1909.
CHAPTER 230.
AN ACT TO AUTHORIZE THE BOARD OP COMMISSIONERS
OF CALDWELL COUNTY TO ESTABLISH A CHAIN GANG.
The General AssemhJy of North Carolina do enact:
Section 1. That all persons confined in the county jail of Cald- Prisoners avail-
well County, either under sentence of the court for crime or iui- high ways^ and °"
prisonment for the nonpayment of fine and costs, shall be available bridges.
to the county commissioners of Caldwell County for the purpose
of working them upon the highways and bridges of the said
county ; and upon the application of any incorporated turnpike Prisoners de-
company lawfully authorized to do business in North Carolina pi^ke a)mpany!"
and created under the laws of this State, having its principal
office in Caldwell County and having an order from the board of
county commissioners, it shall be lawful for and the duty of the
sheriff or jailer having such prisoners in custody to deliver them
to the said turnpike company, and the sheriff or jailer shall be
exonerated in case of the escape of any such prisoners : Provided, Proviso: bond of
however, that the said turnpike company shall execute a good and panj?'*^^ ^°'"'
sufficient bond, in a penalty to be prescribed by the commissioners
of the said county, conditioned that the said company shall well
and truly provide for, carefully guard and maintain the said pris-
oners, under such orders as may be established by the said board
of commissioners for the government thereof; and it shall be the Deputy sheriff for
duty of the sheriff of said county to appoint some competent deputj- ^uard of prisoners.
for the proper guarding of the said prisoners so delivered to the
said company or companies as aforesaid, the compensation of
which said guard or deputy shall be paid by the said turnpike
company having such prisoners in charge.
Sec 2. That the county commissioners are hereby authorized Convicts from
to accept convicts from other counties sentenced by the Superior °*^^^ counties.
Court Judges, whenever in their judgment it is deemed convenient
to do so ; and the judges of the Superior Courts are hereby author-
ized to sentence prisoners from any other counties for misdemean-
ors and felonies not capital.
Sec. 3. That upon application of the county commissioners of Prisoners to be
the county it shall be lawful for and the duty of the judges hold- work.'^^^'^ *° ™^^
254
1909 — Chapter 230.
ContFol and au-
thority of county
commissioners.
Superintendents.
Discipline.
Otlier public
works.
Convicts liired out
Safe-keeping of
prisoners.
Worl-c directed by
proper authority
Escape a mis-
demeanor.
iug courts in said couuty, also the justices of the peace of said
county and mayors of incorporated towns, to sentence to impris-
onment and hard labor on the public highways of said county, for
such terms as are prescribed by law for their imprisonment in the
county jail or in the State's Prison, the following classes of pris-
oners, to-wit : All persons convicted of offenses the punishment
whereof would be, in whole or in part, imprisonment in the county
jail or imprisonment in the State's Prison for a term not exceed-
ing two years.
Sec. 4. That the convicts sentenced to hard labor shall be under
the control of the county commissioners of said county, and the
said authorities shall have the power to enact and enforce all
needful rules for the working of said convicts upon the highways
or public works, and they may appoint superintendents for said
convicts and such guards and other employees as may be neces-
sary, and commit to the superintendent the custody of the whole
or any part of the convict force, and they may authorize and em-
power him to use only such discipline as may be necessary to
carry out the rules and regulations for the working of the public
highways or any other work, to the same extent as is allowed by
law to the authorities of the State's Prison ; and the board of
commissioners may in their discretion work said convicts upon
other public works in the said county, and whenever in their dis-
cretion it seems to them best they may hire out said convicts to
any turnpike corporation, as set forth in section one of this act.
and may use said convicts to do any work for the improvement of
the county home or other county property.
Sec. 5. That for the purpose of equipping and maintaining said
convict system the commissioners are hereby authorized to use
the county jail for the safe-keeping of said prisoners, or they may
establish a convict camp or camps and maintain the same, and to
provide for the keeping and maintaining of said convicts and
transporting said convicts to and from their work the rules and
regulations enacted and enforced by the county commissioners
must be in accord with the rules and regulations governing the
use of convicts on public roads laid down by the State Highway
Commission.
Sec. G. The prisoners shall do no work on the highways or other
public work unless so directed by the proper county authority. If
any prisoner escape he shall be guilty of a misdemeanor.
Sec. T. All laws and parts of laws in conflict herewith are
hereby repealed.
Sec. 8. This act shall be in force from and after its ratification.
Ratified this the 20th day of February, A. D. 1909.
1909— CiiArTEK iSl. 255
CHAPTER 231.
AX ACT TO CONFER CRIMINAL JURISDICTION UPON THE
FIRST MARCH TERM OF THE SUPERIOR COURT FOR
THE COUNTY OF NASH.
The General Assemdly of Korth Carolina do enact:
Section 1. That section one of chapter five hundred and thirty of
the Puhlic La\ys of one thousand nine hundred and seven be
amended as follows, to-wit : By inserting between the word
"March," in the fifth line of that paragraph and said section which
begins with the italicized words "Nash County," and the word
"and" (being the word next to the last word in said line), the
following words, to-wit : "to be for the trial of the criminal docket. Trial of criminal
docket d i V o re G
divorce cases and such civil cases as both sides may consent to ^.g^ggg ^'j^^j pj^^jj
ti-y" : and by striking out, in the seventh line of said paragraph, cases by consent.
the clause reading as follows, to-wit : "and to be devoted exclu-
sively to the civil docket," and inserting in lieu of said clause the
following words, to-wit, "the last week to be devoted exclusively Devoted ex-
to the civil docket" ; so as to confer upon the first March term of docklt.^^ ^° "^ '^
the Superior Court for the county of Nash jurisdiction to try crim-
inal case.s.
Sec. 2. That section two of said chapter be stricken out, and in
lieu thereof the following be inserted, to-wit: "Sec. 2. That in Board of com-
order to provide a grand jury and petit juries for the said term dJ-aw^a'dditional
to convene on the eighth day of March, one thousand nine hun- jurors.
dred and nine, the board of commissioners of the county of Nash
is directed, immediately upon the certification of this act to the
clerk of the Superior Court of the county of Nash, to assemble at
the courthouse in Nashville and proceed to draw a jury in accord-
ance with the provisions of sections one thousand nine hundred and
fifty-nine, one thousand nine hundred and sixty, one thousand nine
hundred and sixty-one and one thousad nine hundred and sixty-two
of the Revisal of one thousand nine hundred and five ; and as to
said term of the Superior Court for the county of Nash to convene General law abro-
upon the said eighth day of March, one thousand nine hundred ffarch 8,\'909.™ °^
and nine, it is hereby expressly provided that the period of twenty
days required by section one tliousand nine hundre<l and fifty-nine
of the Revisal of one thousand nine hundred and five has no ap-
plication, but it shall be sufficient and valid if said drawing, as
I)rovi(led for in said section one thousand nine hundred and fifty-
nine, shall be made ten days before said term to convene on the
eighth day of March, one thousand nine hundrefl and nine."
Si:r. :;. That section three of said chapter be stricken out, and
in lieu thereof the following be inserted, to-wit: "Sec. ?,. The Grand jury to be
panel thus drawn, as i)rovided for in section two hereof, shall be '^'■^^^''^-
256
1909— Chapter 231—232.
Jurisdiction.
Provisions limited
to term.
added to and throwu together with the panel of jurors already
drawn for said term by said board of commissioners, and from the
total of the two panels thus drawn and reported into the court
the Judge holding the said term of the court to convene on the
eighth day of March, one thousand nine hundred and nine, will
proceed at said term to direct a grand jury to be drawn, as is
provided in section one thousand nine hundred and sixty-nine of
the Revisal of one thousand nine hundred and five; and the said
grand jury so drawn is hereby given the same jurisdiction and
the same powers which are given by the general law to grand
juries draviai in accordance with its provisions."
Sec. 4. That the provision herein made as to the drawing of a
grand jury and petit juries for the said term to convene upon the
eighth day of March, one thousand nine hundred and nine, is
hereby limited to said term; and for the terms of the Superior
Court for the county of Nash thereafter to convene upon the first
Monday after the first Monday of March the general law in respect
of the drawing of juries and of grand juries shall apply.
Sec. 5. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec 6. That this act shall be in force from and after its ratifi-
cation.
Sec. 7. That the Secretary of State, immediately upon the ratifi-
cation and enrollment of this act, is directed to certify down to the
clerk of the Superior Court of the county of Nash a copy of the
same, under his hand and the seal of his ofiice, to the end that
said clerk may notify the chairman of the board of commissioners
of said enactment, and that said board may convene to carry out
the provisions of this act.
Ratified this the 20th day of February. A. D. 1909.
CHAPTER 232.
AN ACT TO REGULATE FEES OF OFFICERS OF THE
COUNTY OF MADISON.
Officers to collect
and account for
fees.
Fees to be paid
into county
treasury.
Liability of
officers.
The General Assembly of North Carolina do enact:
Section 1. That the Sheriff, Clerk of the Superior Court and
Register of Deeds of INIadison County and their respective deputies
shall collect and receive and account for all fees to which they are
entitled by virtue of their respective offices, and pay the same on
the first of every calendar month iiitd the treasury of Madison
County, and they shall be responsible for and chargeable with all
moneys of every kind which are to be or by law should be paid
into their respective offices, and shall be held to strict account
I
1909— Chaptee 232. 257
tLerefor ; aud the ruonej'S so paid iu shall be kept by the treasurer Salary fund.
of said county in a separate fund, to be known as the salary fund. Officers to collect
Sec. 2. That the said otEcers shall faithfully collect all fees, com- "^^^^
missions, profits and emoluments of all kinds now belonging or ap-
pertaining to or which may hereafter by any law belong or appertain
to their respective offices ; and they shall receive as compensation
for their services only such salaries, commissions and compensa-
tions as is hereinafter provided, aud for any abstraction, conceal- Abstraction, con-
,. ,. „ ~ ., 1 , • X ii • cealment or mis-
ment or misapplication of any of the moneys payable into their application of fees
respective offices or which any of them have collected, any one of '-^ felony-
them so abstracting, concealing or misapplying the same shall be
guilty of a felony, and upon conviction shall forfeit their said Punishment.
office or offices and be punished as is now provided by law in eases
of embezzlement by public officers.
Sec. 3. That each and all of said officers shall open and keep Account books,
a separate set of account books, consisting of a daily journal and
a ledger, in which shall be promptly, correctly, truly and accu-
rately entered itemized accounts of all moneys collected or re-
ceivable by said officers or which by law are or maj' be payable
into their respective offices, and all of said books shall at all times Books 9pen to
be open to the inspection of the public, upon demand ; and said '"^p*^"^
books shall be safely and securely kept, so as to prevent loss or
destruction by theft, fire or accident.
Sec. 4. That within five days after the end of each and every Transcripts to
calendar month a true and accurate transcript shall be transmitted ^" ' °^'
by each of the officers of Madison County to the Auditor of Madi-
son County, said transcript to contain and show in detail all of
the entries made upon said books during the preceding calendar
month, which shall be sworn to and duly verified by the officer
whose duty it is to make said entries and keep the book of ac-
counts pertaining to his respective office.
Sec. 5. The said books shall be open and kept in a manner to be Books kept a.s
prescribed and authorized by the auditor or other proper officer auditor.'"' '"^
of IVIadison County, who shall have constant suiiei'vision of the
same.
Sec. 0. That the Sheriff of Madison County shall receive a sal- Salary of sheriff.
ary of twelve hundred dollars per annum, and he shall be allowed Deputy.
one deputy, at a salary of six hundred dollars per annum ; all
of whom shall truly, faithfully and diligently perform the duties
of said office, as provided by law, the same to be in lieu of all
salaries and other compensation as sheriff and tax collector. Said .'Vllowances from
, .^ , ,, , i J.1 • 1 J. 11 .D .1 State to be paid
shcritf shall also pay over to the said treasurer all fees, mileage over.
and other allowances paid to him by the State of North Carolina or
State institutions for taking prisoners to the State's Prison or
insane persons to the State Hospital, deducting from the amounts provi.so: sheriff
paid to him the actual necessary expen.ses thereof: Provided, that [j^'j^'^^j J° ^I'^J'*^
in case the sheriff shall fail or refuse to make bond for the tax list.
Pul>.— IT
258
1909— Chapter 232.
Salary of tax
collector.
Salary of clerk
of court.
Clerk hire.
Salary of register
of deeds.
Salary of treas-
urer.
Salaries paid in
monthly install-
ments.
Warrants.
Expenses of
prisoners.
Officers to receive
no other com-
pensation or
allowance.
Money held as
sinking fund.
Deposits.
Accounts with
officers.
Failure or refusal
to collect fee a
misdemeanor.
list, then he shall receive a salary of nine hundred dollars per
annum, and the tax collector who may be appointed shall receive
a salary of one thousand dollars, and in this case no allowance
shall be made for a deputy sheriff.
Sec. 7. That the Clerk of the Superior Court of Madison County
shall receive a salary of twelve hundred dollars per annum and
an additional eighty dollars per annum clerk hire during terms
of court as full compensation for his services.
Sec. 8. That the Register of Deeds of Madison County shall re-
ceive a salary of nine hundred dollars per annum as full compen-
sation for his services, including services as clerk to the board of
county commissioners and the making out of the tax lists.
Sec. 9. That the Treasurer of Madison County shall receive a
salary of seven hundred and fifty dollars per annum in full com-
pensation for all services required of him by virtue of his office.
Sec. 10. That all of the salaries herein provided for be paid by
the Treasurer of Madison County to the persons entitled to re-
ceive the same, in monthly installments, upon warrants drawn by
the board of county commissioners of said county and counter-
signed by the auditor or other proper officer of said county ; and
the actual expenses of fuel, foods and clothing for the proper care
of prisoners within the county jail shall be paid by the treasurer
of said county, upon warrants authorized by the board of com-
missioners of said county and countersigned by the Auditor of
Madison County.
Sec. 11. That the officers hereinbefore mentioned shall faith-
fully and truly perform all of the duties of their several offices
which are now oi* may hereafter be imposed upon them by law,
and shall receive no other compensation or allowance of any kind
whatsoever for any extra or additional services rendered to the
county or State or other governmental agencies, and they shall
be liable to all the pains and penalties now or hereafter provided
for failure to perform the duties of their several offices.
Sec. 12. That all moneys coming into the hands of the Ti-eas-
urer of Madison County by virtue of this act shall be held by him
as a separate and distinct fund, and this fund shall be held as a
sinking fund and applied to the payment of the bonded indebted-
ness of said county, which shall be deposited by him in some bank
within the county of Madison, at a rate of interest of not less
than four per cent. The said treasurer shall open a separate
account with each of the several officers of said county, showing
the amounts received from each and the amount paid as salaries
to each, which said accounts shall be at all times open to the pub-
lic for their inspection.
Sec. 13. Any officer, clerk or assistant herein mentioned who
shall fail or refuse to collect any fee, commissions or emoluments
of any kind belonging to his office shall be guilty of a misde-
1909 — Chaptek 232 — 2o.j.
uieanor: and all fees, commissions or emoluments shall be de- Fees^coUected in
mauded and collected in advance, unless otherwise provided by
''sec 14 That no civil action shall be hereinafter instituted ^ fees^^- --il
Madison County, unless the fees for the issuance and service of
p^ ^shall be collected by the clerk of the Superior Court in
ad^mce of issuing said process, except in actions brought m forma
''"sEc'"'l5 That all officers shall give bond as now required by Bonds of officers.
law. 'The commissioners may in their discretion pay the pre- Premiums on
miums ou said bonds when made in surety companies. , ^ . „,
SEC 16 That in the event the sums received by said officers do Fees m case^of ^^
not amount to the salary herein designated, then the said officers
Jhall be entitled to the amount of such fees as have been collected
by tbem, which shall be in full compensation for all services ren-
'^^Sec. it. That all laws and clauses of laws in conflict with this
nrr^'fS^t shan ta.e e.ect from and after the first ^en.t
Monday in December, one thousand nine hundred and ten.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 233.
^N \CT \T-THOPaZIXG THE COMMISSIONERS OF McDOW-
' ^ ' ELL COUNTY TO INCREASE THE TAX LEVY.
The General .Usemhly of North Carolina do enact:
SECTION 1. That whenever the Board of Commissioners for Me- Wh^n p^ower to
Dowell Countv shall find that the tax levy upon the taxable sub-
jects of said county, as now authorized by law to be made is in-
sufficient to meet the payment of outstanding railroad bonds due
by said county, they may, in the exercise of their discretion, on
the first Monday of June of any year during the next five years
when the general tax levy shall be made, increase the amount of
ovv now Tuthorized by law, not exceeding twenty-five cents on Rate of .ncrease.
the one hundred dollars' worth of property, and such correspond-
ing increase upon the polls as is authorized by law, observing the
proper equation between the property and poll tax .nniication
SEC 2 That this act shall only apply to McDowell County. Application.
Sec. p.. That this act shall be in force from and after its ratifi-
' Ratified this the 20th day of February, A. D. 1909.
260
1D09— CiiAPTEK 234.
CHAPTER 234.
AN ACT TO TROVIDE GOOD ROADS IN FRANKLIN
COUNTY.
Petition for elec-
tion by township.
Election to be
held.
Rate of tax to be
voted on.
Advertisement of
election.
Registrar and
Soil holders.
ew registration.
Law governing
election.
Ballots.
Canvass and re-
turn of votes.
Special tax to be
levied.
Tax rate.
Collection of tax.
Expenditures of
road funds.
Relief from road
duty.
Powers of county
commissioners.
Machinery.
Engineer.
The General Assembly of North Carolina do enact:
Section 1. Upon a petition signed by twenty-five freebolder.s of
any township in Franklin County, it shall be the duty of the
county commis-sioners to hold an election in said township to as-
certain the will of the people therein, whether there shall be levied
in such township a special annual tax of not more than thirty
cents on the one hundred dollars' worth of property and ninety
cents on the poll for the purpose of providing better roads. Such
election shall be advertised for twenty days preceding the day of
election by posting notices at the courthouse door and at three pub-
lic places in the township. The county commissioners shall ap-
point a registrar and two poll holders, and may in their discretion
order a new registration, and the election shall be held under the
laws governing general elections, as nearly as may* be. At such
election those who favor the levy and collection of the tax shall
vote a ballot on which is written or printed "For Good Roads," and
those opposing, a ballot on which is written or printed "Against
Good Roads." At the close of such election the registrar and poll
holders shall canvass and count the votes cast, and shall report
such canvass to the board of county commissioners, which said
report shall be recorded in the minutes of said board of county
commissioners, and no other canvass, report or recording shall be
necessary.
Sec. 2. If a majority of the votes cast in such an election in any
township shall be "For Good Roads," the board of county com-
missioners shall, annually, in the manner and at the time of levy-
ing the county taxes, levy a special tax on all persons and prop-
erty within such township subject to taxation of not less than ten
cents nor more than thirty cents on the one hundred dollars'
worth of property and not less than thirty cents nor more than
ninety cents on the poll. The taxes so levied shall be collected as
other taxes and paid to the county treasurer, to be held by him
as the road fund of Township.
Sec. 3. The money thus raised shall be expended under the su-
pervision and control and upon the orders of the county board of
commissioners for the making and maintenance of the public
roads in such township, and no person in such township shall be
liable to road duty.
Sec. 4. The board of county commissioners are hereby given all
such powers as may be needed in the providing of good roads for
such township or townships. They may purchase such machinery
and implements as may be needed and may employ a competent
1909— Chapter 234. 261
engineer or surveyor to lay off roads. They may elect a superiu- Superintendent,
tenclent of roads for one township or one superintendent of roads
for two or more townships, and pay him such salary as they may
deem best, out of the road fund of the township: Provided, that Proviso: removal
the said superintendent of roads may at any time be removed by "o/cause!^ ^" ^^
the board of county commissioners, after having been given ten
daj's' notice and a hearing, when in the opinion of the board there
exists good and sufficient cause for such action ; and for mal-
feasance or misconduct in office he may be removed by them with-
out further notice than may be necessary in order to give him a
hearing. It shall be the duty of said superintendent of roads, Duty of super-
subject to the approval of the board of county commissioners, to '"'^^^ ^^^'
supervise, direct and have charge of the maintenance and building
of all public roads in such township, and he shall submit to the Monthly reports,
board of county commissioners a monthly report concerning the
work in progress and the moneys expended, and he shall submit Quarterly reports,
quarterly a report on the condition of the public roads and bridges
and plans for their improvement, and he shall include in this inventories.
quarterly report an inventory of the tools, implements, teams and
other equipments on hand. Said road superintendent, before en- Bond of super-
tering upon the duties of his office, shall deposit with the board ^'^''^ndent.
of county commissioners a good and lawful bond, to be approved
by the said board of commissioners, for the sum of five hundred
dollars, as a guarantee of the faithful and honest discharge of
the duties of his office, which bond shall be duly registered in the
office of the register of deeds and filed with the clerk of the Supe-
rior Court of the county. In case of the death or resignation or Vacancies.
removal of said road superintendent it shall be the duty of the
countj- commissioners to elect at their first meeting thereafter a
road superintendent, who shall hold office at the discretion of
said board of county commissioners or until the regular December
meeting of said board and until his successor has been elected
.-uid qualified.
Sec. 5. That all prisoners confined in the county jail under the Prisoners to be
final sentence of the court for crime or imprisonment for nonpay- ^°^ ^ "'^ ^°^ ^'
luent of costs or fines, or under final judgment in cases of bas-
tardy, or under the vagrant acts, all insolvents who shall be
iniprisonetl by any court in said county for nonpayment of costs
and all persons sentenced in said county to the State's Prison
for a term less than five years shall be worked on the public
roads of the county : Provided,, that the commissioners of the Proviso: exchange
county .may arrange with the commissioners of any neighboring other'coifnties'.^'^
county or counties for such an exchange of prisoners during alter-
nate months or years as will enable each such co-operating county
to thereby increase the number of prisoners at work on its pub-
lic roads at any given time; and upon application of the said Convicts to be
road superintendent of the county, or of the chairman of the work'o^nl-Jrds.
hoard of county commissioners, the Judge of the Superior Court
262
11)09— Chapter 234.
Proviso: prisoners
sentenced to jail
or penitentiary.
Convicts sen-
tenced from otlier
counties and ad-
joining judicial
districts. ■
Proviso: return
of convicts.
Entry on lands
for material.
Drains or ditches.
or the judge of tbe criminal court, the justices of the peace and
the principal officer of any municipal or any other inferior court,
it shall be the duty of the said judge or justice of the peace or
said principal officer to assign such persons convicted in his court
to said road superintendent for work on the public roads of said
county ; all such convicts to be fed, clothed and otherwise cared
for at the expense of the county: Provided further, that in case
of serious physical disability, certified to by the county physician,
persons convicted iu said superior, criminal or inferior courts in
the county may be sentenced to the penitentiarj' or to the county
jail.
Sec. 6. That when the commissioners of any county shall have
made provisions for the expense of supporting and guarding while
at work on the public roads a larger number of prisoners than can
be supplied from that covinty, upon the application of the commis-
sioners of said county to the judges of the superior and criminal
courts presiding in adjoining counties, or any other county or coun-
ties in the same or adjoining judicial districts which do not other-
wise provide for the working of their own convicts on their own
public roads, such judges may sentence such able-bodied male pris-
oners as are described iu section eight of this act from such ad-
joining counties or other counties in the same and adjoining judi-
cial districts to work on the public roads of said county or counties
appljdng for the same in the order of their application ; and the
cost of transporting, guarding and maintaining such prisoners as
may be sent to any such county applying for the same shall be
paid by the county applying for and receiving them out of the road
fund of such county: Provided, that any and all such prisoners
from such other counties may at anj^ time be returned to the
keeper of the common jail of such counties at the expense of the
county having received and used them.
Sec. 7. That for the purpose of carrying out the provisions of
this act the said superintendent is hereby authorized to enter upon
any uncultivated lands near to or adjoining such roads, to cut and
carry away timber, except trees or groves on improved lands
planted or left for ornament or shade ; to dig or cause to be dug
and carried away any gravel, sand, clay or stone which may be
necessary to construct, improve or repair said road, and to enter
on any lands adjoining or lying near the road, in order to make
such drains or ditches through the same as he may deem necessary
for the betterment of the road, doing as little injury to said lands
and the timber or improvements thereon as the nature of the, case
and the public good will permit ; and the drains and the ditches so
made shall be conducted to the nearest ditch, water course or waste
ground, and shall be kept open by the said superintendent or super-
visors and shall not be obstructed by the owner or occupant of
such lands or any other person or persons, under the penalty of
1909— Chaptee 234. 263
forfeiting a sum of not less than five dollars nor exceeding ten dol- Forfeit for ob-
lars or imprisonment or work on the public roads of the county or'^d^tches^'^^'"^
for not less than ten nor exceeding twenty days for each and
every offense, said penalty to be collected by the said superintend-
ent or supervisors, if in money, and paid over to the county treas-
urer and applied to the road fund of the county. If the owner of Accounts for ma-
any lauds or the agent or agents of such osvner having in charge ^^^^^^ furnished.
lands from which timber, stone, gravel, sand or clay were taken, as
aforesaid, shall present an account of the same through the road
superintendent at any regular meeting of the county commissioners
within thirty days after the taking and carrying away of such
timber, stone, gravel, sand or clay, it shall be the duty of said
commissioners to pay for the same a fair price ; and before de- Amount settled
cidiiig upon this they may cause to be appointed an impartial ^^ arbitration,
jury of three freeholders, one to be selected by the road superin-
tendent, one by the party claiming damages, and the third to be
selected by these two. which jury shall report in writing to the
board of commissioners their decision for revision or confirma-
tion: Provided, that said landowner or his agent shall have fiie Proviso: right of
right of appeal, as provided for in section thirteen of this act. appeal.
Sec. S. That, subject to the approval of the board of county Location and
commissioners, the superintendent of roads is hereby given dis- change of roads,
cretionary power, with the aid of a competent engineer or sur-
veyor, to locate, relocate or change any part of any public road,
where in his judgment such location, relocation or change will
prove advantageous to public travel ; that when any person or claims for dam-
persons on whose lands the new road or part of the road is to be ^^®'^-
located claims damages therefor, and within thirty days petitions
the board of county commissioners for a jury to assess the dam-
ages, the said commissioners, within not less than fifteen nor Procedure for
more than sixty days after the completion of said road, shall asses^^ment of
order said jury of three disinterested freeholders to be summoned
by the sheriff or constable, as provided by law, who shall give
said landowners or their local representatives forty-eight hours'
notice of the time and place when and where said jury will meet
to a-ssess damages; and said jury, being duly sworn in, consider-
ing the question of damages, shall also take into consideration
the benefits to public travel and to the owner of the land, and if
said benefits be considered equal to or greater than the damages
sustained the jury shall so declare, and it shall report in writing
its finding to the board of county commissioners for confirmation
or revision : Provided, that if said landowner be a nonresident of Proviso: notice
the county and have no local representative, it shall be deemed fandrnvn^r'^"'^
sufficient service of such notice for said sheriff or constable to
forward by United States mail a written notice of the purpose,
time and place of such meeting of said jury to the last-known
post office address of such landowner seven days in advance of
264
1909— Chapter 23-1 — 235.
Repealing clause.
Proviso: acts not
interfered with.
such meeting, aud also to post a notice of the same for seven days
at the courthouse door of said county.
Sec. 9. That all laws and parts of laws in conflict with this
act are hereby repealed : Provided, that nothing in this act shall
be understood or construed as in any way interfering with any
existing system of township road work in any township already
levying a township tax for road purposes in any county coming
under the provisions of this act or any system that may be adopted
by authority of some special act of the General Assembly.
Sec. 10. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 235.
Ak ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF DURHAM COUNTY TO ISSUE BONDS TO PAY ITS IN-
DEBTEDNESS.
Preamble.
Preamble.
Whereas there is an outstanding floating indebtedness of Dur-
ham County incurred by the board of commissioners in improving
roads, building bridges aud for other actual and necessary ex-
penditures for said county ; and whereas all of said amount is
now due and unpaid, and the said county has no available funds
to liquidate said indebtedness : therefore,
Bond issue
authorized.
Denominations.
Interest.
Maturity.
Proviso: bonds
not sold below
Par.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of funding and paying the
floating indebtedness of Durham County the board of commission-
ers of said county is hereby authorized and empowered to issue
the bonds of the county to an amount not exceeding one hundred
and fifty thousand dollars ($150,000), of the denominations not
to exceed one thousand dollars ($1,000) nor less than one hun-
dred dollars ($100), bearing interest from the date thereof at a
rate not to exceed five per centum per annum, with interest cou-
pons attached, payable semiannually, at such time and place as
may be deemed advisable by said board of county commissioners ;
such bonds to be of such form and tenor and transferable in such
way and the principal thereof payable at such time or times, not
exceeding twelve (12) years from date thereof, and at such place
or places as the board of county commissioners may determine:
Provided, that none of the bonds authorized by this act shall be
disposed of, either by sale, exchange, hypothecation or otherwise,
for a less price than their face value.
1909— Chapter 235. 265
Sec. 2. Sueli bonds aucl coupons shall be numbered uud shall Authentication,
be signed by the chairman and countersigned by the clerk of the
said Board of County Commissioners of Durham County and shall
have the corporate seal of said county of Durham impressed
thereon.
Sec. 3. A record shall be kept by the said board of commis- Record to be kept.
sioners. in a separate book for that purpose, of all bonds sold,
and to whom, the amount and date of sale and the maturity of
each bond, and its number.
Sec. 4. In order to pay the interest on said bonds and to create Special tax for
a sinking fund for taking up said bonds at maturity, the board of !,-^^^ing f und.
commissioners for the county of Durham are hereby empowered
and authorized to levy a special tax to meet these demands. The Levy and collec-
said tax shall be levied and collected as the other county taxes ^^°^ °^ ^^^'
are levied and collected, and shall be imposed upon such property
and other subjects of taxation as are now or may hereafter be
subject to taxation under the laws of this State : Provided, there Proviso: limit of
shall not be at any time levied in the county of Durham for the ^^^'
purposes of this act a tax in excess of ten cents on the one hun-
dred dollars of property.
Sec. 5. That said taxes, when collected, shall be kept separate specific appropri-
and apart from all other taxes, and shall be used only for the ^^■^°'^-
purpose for which it was collected.
Sec 6. It shall be the duty of the said board of county com- investments of
missioners to cause to be invested any and all moneys of the sink- si'^l^i"^ fund.
ing fund in the purchase of bonds issued under this act, if said
bonds can be secured at a price deemed advantageous to the
county by the said board of commissioners ; but in case said bonds
cannot be purchased as aforesaid, the board of commissioners
shall invest said sinlving fund, upon approved security and upon
terms deemed advantageous to the county, or they may deposit
the said sinking fund or any part thereof from time to time in
any banking institution or trust company in North Carolina of
undoubted solvency, at the prevailing rate of interest for such de-
posits. The interest that shall accrue on the sinking fund shall investments of
be invested in like manner as the principal and shall become a '"*^^^''^'-
part of the sinking fund. The purchases, investments and de-
posits directed by this section shall be made by the Treasurer of
Durham County, under the directions of the board of county com-
missioners.
Sec. 7. The Treasurer of Durham County shall keep a separate Account of sinlv-
account of the said sinking fund, which said fund shall be kept '"^ ^""^•
separate and apart from all other funds or money.
Sec. S. It shall further be the duty of the said treasurer to Accounts with
keep an account with each bond, showing what coupons and what ^°"^'*-
bonds have been paid, and to whom and when.
Ratified this the 20th day of February, A. D. 1009.
266
1909— CiiAPTEii 236.
CHAPTER 236.
AN ACT TO AMEND CHAPTER 200. PUIiLIC LAWy OF 1907,
PROVIDING FOR THE IMPROVEMENT OF THE PUBLIC
ROADS OF SAMPSON COUNTY AND THE APPOINTMENT
OF AN INSPECTOR OF HIGHWAYS FOR SAID COUNTY.
Special tax rate.
Meetings of road
commissioners.
Allotment of
hands.
Allotment to
navigable streams.
Road duty.
Inspector of
highways.
Duties of in-
spector.
The General Assembly of North Carolina do enact:
Section 1. That seetiou five of chapter two huudred, Public
Laws of one thousand nine hundred and seven, be amended by
adding at the end of said section the following : "And the special
tax may be made sufficiently large to pay off and redeem annually
so many of the outstanding bonds as practicable, in the discretion
of the county commissioners."
Sec. 2. That section thirteen of said act be amended as follows :
In line one strike out the word "(luarterly'' and insert in lieu
thereof the word "bimonthly." In lines two and three of said
section strike out the words "January, April, July and October"
and insert in lieu thereof "January, March. May, July, September
and November."
Sec. 3. That the township supervisors of Sampson County shall
allot annually at their regular meeting in August all the hands
of their respective townships to road duty, but in such townships
as have navigable streams that require working the supervisors
shall allot to each of such streams a sufficient number of hands,
and no more, as may be required to give said streams one good
working each year, and said hands so allotted shall be liable to
road duty as the other hands, but due credit shall be given such
river hands, and the number of days engaged on the streams
shall be deducted from the number of days they are required to
work on the public roads, so that all the hands in each township
between the ages of eighteen and forty-five, not exempted by law
from road duty, shall woi"k six full days upon the roads and
streams of the county each year.
Sec. 4. That the Road Commission of Sampson County shall at
their next regular meeting in March, one thousand nine hundred
and nine, or as soon thereafter as practicable, elect an inspector
of highways for Sampson County, and shall also fix his salary
and outline his duties, and such officer shall hold his office for
such time as the road commission may designate in his appoint-
ment, not to exceed one year, and they shall likewise appoint his
successor. He shall meet with the road commission at their
meetings, or as often as practicable, and confer with them as to
the best methods of constructing and maintaining good roads in
Sampson County. He shall also confer with the various town-
ship supervisors and varioiTS road overseers as much as praetica-
1909— Chaptek 236. 267
ble. and to that eud he may arrange his schedule of dates for the
working of the roads so as to be present on those dates with the
overseer and aid and demonstrate in the actual working of the
roads. The inspector of highways shall have general direction General direction
,,,,,,,, and supervision.
and supervision over the overseers and road hands and the plan
and methods by which the roads are worked by them, and the
overseers shall follow his directions, and anv overseer who shall Refusal to ( arry
out orders a nus-
fail and refuse to carry out the orders and directions of the m- demeanor.
spector of highways shall be guilty of a misdemeanor for neglect
of duty, and upon conviction shall be fined or imprisoned in the Punishment.
discretion of the court. It shall be the duty of the inspector of Reports to
highways to I'eport to the solicitor of the district all neglect of "
duty on the part of the township supervisors or the road over-
seers, to the end that their conduct may be investigated according
to law. In addition to the above duties, the road commission Further duties.
may impose such specific duties upon the inspector of highways
as may be necessary to insure and maintain good roads in Samp-
son County.
Sec. 5. That the road overseers in Sampson County shall have Tools lor road
the power and authority, when summoning the hands of his sec-
tion to work on the road, to designate what tool or instrument he
shall bring, and the overseer may also require such hands as own Machines and
or have in their control a cart or plow and either a horse, muie ^•5^"^^-
or ox to bring either one or both to aid in I'oad construction under
the direction of the overseer : Provided, that when any hand Proviso: allow-
shall furnish a team and plow, or team and cart, or mule or ^'^"^^ '^^ team.
horses and harness for the drag, he shall be credited with two
days' work. Any hand, after being duly summoned to bring such Failure to bring
tool or team or implement, as aforesaid, and shall fail or refuse impiemeut a
to do so, without just cause, shall be guilty of a misdemeanor and misdemeanor.
fined not exceeding ten dollars or imprisoned not exceeding ten Punishment.
days : Provided, that any such person so summoned to bring such Proviso: corn-
team, or team and plow, or cart, who shall by twelve o'clock of
the day preceding the one appointed for work on the road pay
the overseer the sum of two dollars shall be relieved from work-
ing on the road for two days, which money shall be used by the
over.seer in road construction in his section.
Sec. 6. That the road hands shall work on the roads, under the Day's work on
direction of the overseer, not less than eight or more than ten Koad duty.
hours each day, and for not less than six days in each year ; and Failure to keep
, t J. . J iiiij!-iii up roads a mis-
any board of supervisors or road overseer who shall fail to keep demeanor.
the public roads under their charge in good condition, or shall
fail to keep the public roads made by the convict force in as good
condition as when completed by them, shall be guilty of a mis-
demeanor, and upon conviction shall be fined or imprisoned in the Punishment.
discretion of the court.
268
1909— Chapter 236—237.
Application ot act. Sec. 7. That this act shall apply to Sampson County, and shall
not change, modify oi- repeal the general public road law now in
Effect on present existence, except in so far as the same is affected bv the nro-
road law. ■ ■ j^ ^^ ■ , j i
Visions of this act.
Sec. S. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 237.
AN ACT TO AMEND CHAPTER 210, PUBLIC LAWS OF 1905,
AUTPIORIZING THE HIGHWAY COMMISSION OF VAL-
LEYTOWN TOWNSHIP, IN CPIEROKEE COUNTY, TO IS-
SUE BONDS FOR MACADAMIZING ROADS.
Preamble.
Bond issue
authorized.
Amount.
Sale at not less
than par.
Whereas a petition signed by a majority of the qualified voters
of Yalleytown Township, in Cherokee County, has been presented
to the General Assembly by the highway commission of said
township, asking that authority be given the highway commission
of said township to issue twenty-five thousand dollars ($25,000)
of coupon bonds of said township, the same to be sold and the
proceeds thereof used in paying the necessary expenses of im-
proving and macadamizing the principal public roads of that
township : now, therefore.
The General Assembly of Worth Carolina do enact:
Section 1. That chapter two hundred and ten, Public Laws of
North Carolina, session one thousand nine hundred and five, as
amended by chapter four hundred and twenty-nine. Public Laws
of North Carolina, one thousand nine hundred and seven, be fur-
ther amended by adding to said chapter two hundred and ten, as
amended, the following additional sections, to-wit:
"Sec 15. That in order to provide sufficient funds for the neces-
sary expenses of the Highway Commission of Yalleytown Town-
ship in improving the public roads under their jurisdiction, the
said highway commission is hereby authorized, empowered and
directed to proceed at once to the issuance of coupon bonds for
"\"alIeytown Township, in Cherokee County, as defined by the
aforesaid acts of the General Assembly, for an amount sufficient,
not exceeding twenty-five thousand dollars, to pay the necessary
expenses of constructing, improving and macadamizing the public
roads in that township, and to sell the same at public or private
sale, as may appear to the best advantage, at not less than their
par value.
1909— Chapter 237. 269
"Sec. 16. That the bonds herein authorized shall not be issued pjo"!gd°by^ma-
aud sold until after said bond issue has been approved by a ma- jority of voters,
jority of the qualified voters residing in the territory hereinbefore
described, at a special election to be called and held for that pur-
pose.
"Sec. 17. That the Board of County Commissioners of Cherokee Petition for
County are hereby authorized and directed, upon presentation to ^ *^
them of a petition signed by a majority of the highway commis-
sion or signed by fifty voters, requesting the same, to call a spe- Election to be
cial election to be held in Valleytown Township within thirty '^^i**^'^-
days thereafter, at which election the question submitted to the *°^^^^'l°'^^^° ^®
voters shall be whether or not the bond issue herein authorized
shall be approved. Due notice of said election shall be given by Notice of election,
posting a copy of the order calling the same in three public places
in said township, also by advertising the same in some newspaper
published in Cherokee County. Said election shall be held imder Law governing
the same regulations as provided by law for the election of mem-
bers of the General Assembly, except as modified herein.
"Sec. 18. That at the time of calling said special election the Registrar and
judges of election.
Board of County Commissioners of Cherokee County shall appoint
a registrar and two judges for said election. The names of the
registrar and judges of election shall be those recommended by
the highway commission.
"Sec 10. The registrar shall keep open the registration books Registration,
for fifteen days preceding said election, and shall register therein
all persons applying who may be entitled to vote in said township
under the general law. The registration books shall close on the Close of registra-
Saturday next preceding the day of the election. No person shall
be allowed to vote in said election without being registered as
herein provided, unless he shall become qualified to vote after the
registration books are closed.
"Sec 20. In case of any vacancy in the office of registrar the Vacancy.
highway commission shall appoint another citizen to act as I'egis-
trar instead. In case of any vacancy on the day of election the
voters present may appoint two competent citizens to act as judges
of said election.
"Sec 21. At said special election those who favor the issue of Ballot-s.
bonds as hereinbefore provided shall vote on written or printed
ballots the words 'For Good Roads.' and those opposed to the
issue of said bonds shall vote on written or printed ballots the
words 'Against Good Roads.'
"Sec 22. The result of said election shall be certified by the Certiiicate of
judges thereof to the Register of Deeds of Cherokee County, who
shall present the same to the board of county commissioners at
their next meeting, and the board shall thereupon declare the result Declaration of
of said election and record the same in their minutes.
270
1900— Chapter 237.
Rate of interest.
Denominations of
bonds.
Authentication.
Corporate .seal.
Bonds a valid
debt.
Maturity.
Special tax for
interest and
bonds.
Rate recom-
mended by high-
way commission.
Collection and
settlement of
taxes.
"Sec. 23. That the said bonds shall bear a rate of interest, to
be fixed by the commission, not exceeding six per centum per
annum, payable semiannually, principal and interest to be paya-
I)le at some bank or trust company to be selected by the commis-
sion and named in each bond and coupon. Upon the failure or
refusal of any banlv or trust company so selected to act as agent
of the commission in making such payments, the commission may
appoint another bank or trust company in the same city to act
as its agent for this purpose.
"Sec. 24. That said bonds shall be issued in denominations of
five hundred dollars, or multiples thereof, and they shall be signed
by the president of the highway commission and countersigned
by the secretary thereof, and have the corporate seal of the com-
mission affixed to each bond, and each interest coupon shall be
signed by the secretary, either in autograph or printed facsimile
thereof.
"Sec. 25. That the Highway Commission of Valleytowu Town-
ship is hereby authorized and empowered to adopt and use a cor-
porate seal, which seal shall remain in the custody of, and shall
be used and affixed to all instruments requiring it, by the secre-
tary of said commission.
"Sec. 26. That said bonds, when issued and sold, shall become
a valid debt of said township, and shall fall due and become pay-
able as follows: One-tenth of the whole amount shall be due in
twenty-one years from date thereof, and in like manner one-tenth
of the whole amount shall fall due and become payable each suc-
ceeding year thereafter, the last installment falling due in thirty
years from its date.
"Sec 27. For the purpose of paying the interest coupons on
said bonds, and the principal thereof as they respectively fall due,
the Board of County Commissioners of Cherokee County are
hereby authorized and directed to levy, annually, at the same time
as other taxes are levied a sufficient special tax on all the taxable
property and polls in Valleytown Township to pay the principal
and interest of all of said bonds as the same become due and
payable. A sufficient rate of taxation for the purpose aforesaid
shall be ascertained and recommended each year by the highway
commission to the Board of County Commissioners of Cherokee
County, but in the absence of such recommendation it is hereby
made the duty of the Board of County Commissioners of Cherokee
County, annually, to ascertain and levy a special tax which will
be sufficient for the purpose aforesaid.
"Sec 28. The Sheriff of Cherokee County is hereby authorized
and directed, annually, to collect the special taxes aforesaid at
the same time and in the same manner as other taxes are col-
lected, and he is hereby required and directed to keep such special
taxes separate and to pay over the same immediately after col-
I
1909— Chapter 237. 271
lection to the treasurer for the highway commission, or if there
should be a vacancy in that office he shall pay the same over to
the County Treasurer of Cherokee County.
"Sec. 29. The official bond of the Sheriff of Cherokee County Bond of sheriff.
shall be made of a sufficient amount to cover all of the duties,
responsibilities and liabilities incurred by him in the collection
and handling of said special taxes, as set forth in this chapter
and all other laws concerning the collection of taxes.
"Sec. 30. The official bond of the treasurer receiving the pro- Bond of treas-
ceeds of the bond sale herein authorized and the si^ecial taxes ^^^^^'
hereafter to be collected shall be of a sufficient amount at all
times to cover the largest amount he might have on hand at any
time. The amount of said official bond may be reduced by the
highway commission from time to time, after the funds in the
hands of the treasurer have been reduced, but at no time shall
the amount of said bond be less than the amount on hand, plus
the next annual levy. Each surety on the treasurer's bond shall Justification of
justify for an amount double his liability on the bond, over and
above his homestead exemption, or if a surety-company bond is Bond in surety
accepted the commission is authorized to pay the cost of same. company.
"Sec. 31. It shall be the dutv of the treasurer receiving said Specific appropri-
ation of taxes.
special taxes to keep the same separate and apart from any other
funds he may have on hand, and to use the same wholly for the
purpose of paying off the interest coupons and the principal of
said bonds as they respectively mature: Provided, any surplus Proviso: surplus.
left in any one year, after paying the coupons and bonds falling
[. due in that year, shall be used in improving and keeping in order
the public roads of said township.
"Sec. 32. That it shall be the dutv of the highwav commisssion Sale of bonds and
A 11 ' 1 ii 1 1 , • J.,' ■ ■, ■, ^ use of proceeds.
to sell, as soon as may be, the bonds herein authorized, and to
.proceed at once to use the proceeds thereof in paying the neces-
sary expenses of locating, relocating, grading, macadamizing and
otherwise improving the principal roads leading from the town
)f Andrews as far in each direction as may be found practicable
Ind just to the inhabitants, and likewise in improving such parts
pof the public roads leading from the stations of Topton and Rhodo,
md elsewhere, as maj' be found practicable and just to the in-
labitants of each section, taking into consideration the volume
pf traffic passing over each road that is improved.
"Sec. 33. The standard width of the principal roads in said Width of roads,
township shall Ix' tliirty feet, except in cuts and over tills and
through rock, where the width may be less, as may be fixed by
the commission.
"Sec. 34. That in order to carry out the improvements herein Road engineer.
authorized, the highway commission is authorized to employ a
competent road engineer, fix his compensation and prescribe his
ilutips. The commission is authorized to purchase all the neces- Machinery, tools
and materials.
272
1909— Chaptek 237.
Work let to
contract.
Right of con-
demnation of
material.
Condemnation
proceedings.
Regulation of
tires.
Date when regu-
lations effective.
Advertisement.
Fine for violation
of regulations.
sary macbiuery, tools, blasting and other materials and appliances,
wherewith to construct, improve and macadamize any road se-
lected for that purpose as aforesaid. The commission is author-
ized to let any work of grading or macadamizing by contract to
the lowest responsible bidder, who shall give a solvent bond for
the faithful performance of all the conditions of bis contract, or
they may have the work done under the supei'vision of a compe-
tent superintendent.
"Sec. 35. The highway commission is hereby authorized and
empowered to purchase, or condemn where they may be unable
to acquire the same by agreement, such timber, (luarries, stone,
gravel, earth and rights of way leading to the same, as may be
necessary in the opinion of the commission to be used in improv-
ing the public roads. All condemnation proceedings, as aforesaid,
shall be the same as are now authorized for the laying out of pub-
lic roads, except that the tlecisiou of the jury or court reviewing
the same shall be for a specified amount of damages, and not that
the commission shall not have the property or rights desired.
"Sec. 36. The highway commission is hereby authorized and
empowered, at any time, upon the receipt by them of a petition
signed by a majority of the qualified voters residing in said town-
ship, to make and publish, by posting a copy thereof in three pub-
lic places in said township and by advertising the same for thirty
days in some newspaper published in Cherokee County, all such
reasonable rules and regulations as they may deem just and
pi'oper, prescribing the minimvmi width of tires that may be used
on carts and wagons carrying freight over the public roads be-
tween points within said township. The commission may require
all freight wagons and carts thereafter sold, purchased or rebuilt
to be used in said township to have tires not less than the mini-
nmm width and to be made nontracking.
"Sec. 37. Each petition for the establishment of such rules and
regulations shall have a copy of all such rules and regulations
attached thereto, and after said rules and regulations are passed
and adopted by the commission, as aforesaid, they shall go into
effect at a date to be fixed by the commission, and after posting,
advertising and filing a certified copy of the same with each jus-
tice of the peace in the township and also in the office of the Clerk
of the Superior Court of Cherokee County.
"Sec PtS. It is hereby made unlawful for anyone to violate or
fail to comply with any of said rules and regulations, after the
same shall have become effective, and anyone found .guilty of will-
fully violating any of said rules and regulations, after trial be-
fore a justice of the peace of said township, shall be subject to a
fine of not less than five dollars nor more than twenty dollars,
with costs.
1909— Chapter 237—238. 273
"Sec. 39. It is hereby made the duty of the highway commission, Enforcement of
• . . , ^ -.J. i ^ 1111 J rules and regula-
their supenuteudents and foremen to enforce all such rules and tions.
regulations as aforesaid, and to complain against anyone violating
the same before some justice of the peace in said township, and
any citizen may make such complaint on personal knowledge of
such violation.
"Sec. 40. After such rules and regulations concerning tires and Rules and regula-
the manner of construction of freight wagons and carts to be used effet^t of law.
in hauling freight between points within said township have been
adopted by the commission and have become effective, as herein-
before provided, thej-- shall have the effect of law in Yalleytown
Township, and shall not be repealed thereafter without the consent
of the General Assembly.
"Sec. 41. Wherever the word "commission' or 'highway commis- Commission and
sion' is used in this chapter it shall be held to mean and to refer mrssion'^defined.
to the 'Highway Commission of Yalleytown Township,' as created
by chapter two hundred and ten, Public Laws of North Carolina,
session one thousand nine hundred and five.
"Sec. 42. Wherever the word 'township' is used in this chapter Township defined,
it shall be held to mean and refer to all that part of Yalleytown
Township, in Cherokee County, lying and being eastward of the
north and south line bisecting Yalleytown Township, as fixed and
described in chapter four hundred and twenty-nine. Public Laws
of North Carolina, session one thousand nine hundred and seven.
"Sec 4.3. All laws and clauses of laws in conflict with this
chapter are hereby repealed, so far as said laws now apply to that
part of Yalleytown Township, in Cherokee County, described in the
next preceding section."
Sec. 2. This act shall be iu force and effect from and after its
ratification.
Ptatified this the 20th day of February, A. D. 1900.
CHAPTER 238.
AN ACT TO FIX THF TIME FOR HOLDING THE TERMS OF
THE SUPERIOR COURTS OF THE COUNTY OF PITT.
The Grneral As-senihly of North Carolina do enact:
Section 1. That hereafter the toi-nis of the Sui>erior Courts for
the county of Pitt shall begin and he held as hereinafter desig-
nated.
Sec. 2. That said court shall begin and be held, for the trial of Terms for trial
criminal causes only, in each and. every year, as follows: Seventh "^ ^"'"'"^^ ^^^^^'
Monday before the first Monday in March, the seventh Monday
Pub.— IS
274
1909— Chapter 238—239.
Terms designated.
Terms for trial of
civil cases only.
Designation of
terms.
Civil process
returned.
Repealing clause.
Return of process
and appearance
of persons.
after the first Monday in March, the second Monday before the
first Monday in September, and on the ninth Monday after the
first Monday in September ; that said terms shall continue for
one week only, and shall be designated as the January, April,
August and November terms of the criminal courts ; that a grand
.iury shall be drawn, sworn and charged for each of said terms ;
that all ci-iminal processes returnable to the Superior Court shall
be returnable to the appropriate term of said criminal court.
Sec. o. That said court shall begin and be held, for the trial of
civil causes only, as follows : On the sixth Monday before the first
Monday in March, the second Monday after the first Monday in
March, the eighth Monday after the first Monday in March, and
the eleventh Monday after the first Monday in March ; on the first
Monday before the first Monday in September, on the second Mon-
day after the first Monday in September, on the tenth Monday
after the first Monday in September, and on the fourteenth Mon-
day after the first Monday in September ; that the terms beginning
the second Monday after the first Monday in March and on the
second Monday after the first Monday in September shall con-
tinue for two weeks each, and all the other civil terms pi'ovided
for in this section shall continue one week each, and that all of
said terms shall be for the trial of civil causes only, and shall be
designated, respectively, as the January, March, April, May, Au-
gust, September, November and December civil terms of said
court; that all civil processes of any kind shall be returnable to
the appropriate civil term of said court.
Sec. 4. That all laws and parts of laws in conflict with this act
are hereby repealed, and all processes issued or orders made be-
fore this act goes into effect, the return of which may be changed
by this act, shall be returned to the next succeeding term, and all
persons required to appear according to the terms fixed by this act.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of Februarv, A. D. 1909.
CHAPTER 239.
AN ACT TO VALIDATE THE ACTS OF JUSTICES OF THE
PEACE OF SAMPSON COUNTY.
Preamble: neglect
of magistrate to
qualify.
Whereas B. Matthews, a justice of the peace of Sampson County,
upon his re-election to said office in one thousand nine hundred
and six, inadvertently neglected to qualify and did not qualify
until his re-election in one thousand nine hundred and eight, but
during said period continued to officiate and perform the duties
I
1909— Chapter 239— 2-iO. 276
of a justice of the peace, wbicli office be was filling at the time of
the election in one thousand nine hundred and six, and has filled
for many years prior thereto ; and whereas said B. Matthews, so Preamble: acts as
acting as justice of the peace between the elections in one thou- -""^ ^^^^
sand nine hundred and six and one thousand nine hundred and
eight, officiated in the performance of the marriage ceremony be-
tween Sitter Murphy and Milly Wright and between Owen Matthis
and Bettie Smith, and took acknowledgment to certain deeds and
mortgage deeds, and entered certain judgments on his justice's
docket, and also officiated as road supervisor, the functions of
which office are performed by justices of the peace in said county :
therefore,
The (Icneral Asse)nl)l!/ of yorth Carolina do enact:
Section 1. That said official acts of B. Matthews are hereby *^^" j'^^^g^ ^^^^^^^^iJd
dared in all respects valid and legal, and are hereby ratified and
confirmed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1000.
CHAPTER 240.
AN ACT PROVIDING FOR THE MAINTENANCE OF PUBLIC
ROADS IN STEELS TOWNSHIP, IN RICHMOND COUNTY.
The General Asftemhly of North Carolina do enact:
Section 1. That it shall be the duty of the Board of Commis- Special tax to be
sionoi-s of Richmond County, at the time for levying other taxes, ^^'® •
to hn-y and assess annually against all real and ])ersonal property
and polls in Steel's Township, in said county, a sufficient special
tax to work, maintain and keep in repair the public roads of said
township, not exceeding forty cents on the one hundred dollars' Limit of rate.
worth of property and one dollar and twenty cents on the poll ;
said special tax to be collected as other taxes in the county are Collection and
collected, and to be used and disbursed upon the order of the town- "^^ °^ ^^^•
ship road commissioners of said township, as now provided by
law.
Six". 2. That this act shall l)e in force from and after its ratifi-
cation.
Ratified Ibis the 2ntli day of February, A. D. lOOl).
276
1909— Chaptek 241—242.
CHAPTER 241.
AN ACT PROVIDING FOR THE MAINTENANCE OF PUBLIC
PtOADS IN MINERAL SPRINGS TOWNSHIP, IN RICHMOND
COUNTY.
Special tax to be
levied.
Limit of rate.
Collection and
use of tax.
Tlie General AssemWy of North Carolina do enact:
Section 1. That it shall be the duty of the Board of Commis-
sioners of Richmond County, at the time for levying other taxes,
to levy and assess anmially against all real and personal property
and polls in Mineral Springs Township, in said county, a special
tax sufficient to work, maintain and keep in repair the public
roads of said township, not exceeding forty (40) cents on the one
hundred dollars' valuation of property and one dollar and twenty
cents ($1.20) on the poll; said special tax to be collected as other
taxes in the county are collected, and to be used and disbursed
upon the order of the township road commissioners of said town-
ship, as now provided by law.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 242.
AN ACT TO PREVENT THE DUMPING OR PLACING OF
DEAD BODIES, SAWDUST AND OTHER IMPURITIES IN
REDDIE'S RIVER AND ITS TRIBUTARIES, IN WILKES
COUNTY.
Unlawful to dump
sawdust in river
or tributaries.
Dead bodies and
other deleterious,
and offensive
matter.
Burial of animals
and fowls.
TJie General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons,
firm or corporation to place or dump any sawdust into Reddle's
River or any of the tributaries thereof in the county of Wilkes.
Sec. 2. That it shall be unlawful for any person or persons, firm
or corporation to dump or deposit the dead i)ody of any animal or
fowl into Reddle's River or its tributaries in Wilkes County, or
to so leave any dead body of any animal or fowl or any other dele-
terious and offensive animal or vegetable matter on top of the
ground on the slopes draining into said river or its tributaries.
Sec. 3. That any person or persons living and being along the
drainage basin of said stream and its tributaries shall bury all
dead animals or fowls which have died along said river or the
slopes of land draining into said river or its tributaries, at least
three feet under the ground, at some place where the water from
rains, snows or storms will not gather and drain from such dead
1909— Chapter 242—243—244. 277
bodies, decaying vegetable matter or other deleterious substances
into said stream or its tributaries.
Sec. 4. That any person or persons violating the provisions of Misdemeanor.
this act shall be guilty of a misdemeanor, and on conviction thereof Punishment.
shall be fined or imprisoned, or both, in the discretion of the court.
Sec 5 That this act shall go into effect on the first day of July, When act
. enective.
A. D. one thousand nine hundred and nine.
Ratified this the 20th day of February, A. D. 1909. »
CHAPTER 243.
AN ACT TO REPEAL CHAPTER 885 OF THE PUBLIC LAWS
OF 1907, PROHIBITING FISHING IN LITTLE RIVER, IN
WAKE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That chapter eight hundred and eighty-five of the Repeal.
Public Laws of North Carolina, session of one thousand nine hun-
dred and seven, be and the same is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 244.
AN ACT PROVIDING FOR THE MAINTENANCE OF PUBLIC
ROADS IN BLACK JACK TOWNSHIP, IN RICHMOND
COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be the duty of the Board of Commis- special tax to be
sioners of Richmond County, at the time for levying other taxes, levied,
to levy and assess annually against all real and personal property
and polls in Black Jack Township, in said county, a special tax
sufficient to work, maintain and keep iu repair the public roads of
said township, not exceeding forty cents on the one hundred dol- Limit of rate,
lars' valuation of property and one dollar and twenty cents on
the poll ; said special tax to be collected as other taxes in the collection and
county are collected, and to be used and disbursed upon the order "^® °^ '^^^•
of the township road commissioners of said township, as now pro-
vided by law.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
278
1909— Chapter 245.
CHAPTER 245.
AN ACT TO PKOVIDE GOOD ROADS IN FKANKI.INTON
TOWNSHIP, FRANKLIN COT'NTY.
Board of trustees
constituted.
Terms of office.
Election of suc-
cessors.
Vacancies.
Proviso: trustee
not an officer.
Trustees incorpo-
rated.
Corporate name.
Corporate powers.
Duties and powers
of trustees.
Proviso: bridges
over Tar river.
Organization.
Duties and bond
of treasurer.
Executive com-
mittee.
Meetings, organi-
zation and powers
of executive com-
mittee.
The General As.scmhhj of North Carolinu do enact:
Section 1. That W. A. Cooke, S. C. Vaiiii, J. O. Greeu, B. W.
Ballard, J. W. Saudling, C. S. Williams. W. L. .McGhee. B. T.
Green, H. E. Pearce, John R. Mitchiner, R. O. Purnell, J. H.
Wilder and I. H. Kearney are hereby constituted a board of
trustees for the public roads of Franklinton Township, in Frank-
lin County. The first five shall hold the said position of trustees
for six years, the next four for four years, and the last four
for two years. At the expiration of the terms of any, their suc-
cessors shall be elected for six years by the County Board of
Commissioners of Franklin County. All vacancies caused by
death, resignation or removal from the said township shall be
filled for the unexpired term by the remaining members of said
board: Provided, that the position of trustee shall not constitute
an office within tlie meaning of Article Seven, section fuurtecn.
of the Constitution of North Carolina.
Sec. 2. That the said board of trustees and their successors
shall be and are hereby constituted a body corporate by the name
and style of "The Board of Road Trustees of Franklinton Town-
ship," and by that name may sue and be sued, make contracts,
acquire real and personal property, by gift, purchase or device;
hold, exchange and sell the same, and exercise such other rights
and privileges as are incident to other municipal corporations.
Sec. 3. That it shall be the duty of the said board of trustees
to take control and management of the roads of said Franklinton
Township, and said trustees are hereby vested with all the rights
and powers for such control and management as are now vested
in and exercised by the Board of County Commissioners of Frank-
lin County : Provided, nothing in this act shall be construed to
apply to bridges over Tar River.
Sec. 4. The board of trustees shall aimually elect a chairman
and secretary and a treasurer. The treasurer shall have charge
of all road funds of the township, and may be required to give
bond in sufficient amount to cover funds coming into his hands.
The board of trustees shall annually elect three of their number,
who shall constitute and be known as the executive committee.
This committee shall meet at stated intervals, as may be directed
by the trustees, shall have a chairman and secretary, shall order
and issue vouchers for payment of general expenses connected with
working roads and the purchase of machinery and implements,
which said vouchers shall be signed by the chairman and seci-etary
of said committee and a record thereof kept ; and the board of
1909— Chapter 245. 279
trustees may delegate to said executive Committee any and all
of its powers, except tliat of issuing bonds.
Sec. 5. The said board of trustees shall annually elect a super- Superintendent
inteudent of roads for Fraukliuton Township, who shall be paid compen.sation
such compensation out of the road fund of said townshiii as may
be fixed by said trustees, and who shall hold office for one year Term of office,
or until his successor shall be elected and qualified: Pro y/VZet/. Proviso: power
that said superintendent may at any time be removed by said ° remo\ al.
board, after having been given ten days' notice and a hearing,
when in the opinion of the board there exists good and sutticient
cause for such removal. It shall be the duty of said superintendent. Duties of super-
subject to the approval of the board, to supervise, direct and '"^'^"' "^"t-
have charge of the maintenance and construction of all public
roads in Frauklinton Township, and he shall submit to said Monthly reports,
executive committee a monthly report concerning the work in
progress and the moneys expended, and such other reports as may
be required of him. As a guarantee of the faithful and honest Bond,
discharge of the duties of his office the said board may require of
said superintendent such bond as may be deemed advisable.
Sec. 6. The said board of trustees may purchase such machinery Machinery and
and imijlements as may be needed for the proper working and implements.
construction of the roads, may employ a competent engineer or Engineer or
surveyor, and may exercise such other powers and privileges as surveyor.
may be needed for the carrying out of the purposes aud provisions
of this act : Provided, that no person shall be subject to road Proviso: no road
duty. ^'"*■^•■
Sec. T. That the superintendent of roads of Franklintou Town- Entry on land
ship is hereby authorized to enter upon any uncultivated lands "^""^ material.
near to or adjoining any public road of said township, to cut aud
carry away timber, except trees or groves on improved land
planted or left for shade or ornament; to dig or cause to be dug
and carry Jiway any gravel, sand, clay or stone which may be
necessary to construct, improve or repair such roads, aud enter
upon any lands adjoining or lying near such roads, in order to Drains and
make such drains or ditches through the same as he may deem '^'^ches.
necessary for the betterment of the road, and the drains and
ditches so made shall not be obstructed by the occupants of such
lands or any other person, and any jterson obstructing such drain obstruction of
or ditch shall be guilty of a misdemeanor and fined not exceeding [j™hes'*"^
fifty dollars or imprisoned not more than thirty days. If the owner punishment.
of any land from which timber, stone, clay, gravel or sand were Accounts for ma-
■^ ■ tenal taken.
taken, as aforesaid, shall present an account for the same through
said superintendent to said board or executive committee within
thirty days after the taking thereof, it shall be the duty of said
board to pay for same at a fair price; and in case of any dis- Arbitration.
agreement as to the value the superintendent of roads shall ;ip-
point one freeholder, the person claiming the damages a second.
280
1909— Chapter 245.
Location and
change of roads.
Claims for dam-
ages.
Procedure for
assessment of
damages.
Bond issue
autliorized.
Interest.
Authentication.
Maturity.
Sale of bonds at
not less than par.
Liability for
payment.
and these two a third, which said three freeholders shall assess
said damages aud report the same iu writing to the superintendent
of roads.
Sec. S. That the said superintendent of roads, with the approval
of the trustees or executive committee, is hereby given discretion-
ary power to locate, relocate or change any part of any public
road in said township, when in his .iudgment the same will prove
advantageous to public travel ; that when any person on whose
lands the new road or part of the road is to be located claims
damages therefor, and within thirty days petitions said board
of trustees for a jury to assess the damages, the said trustees
shall, within not less than fifteen nor more than sixty days after
the completion of said road, order a jury of three disinterested
freeholders of Frauklintou Township, to be selected and sum-
moned by the Sheriff of Franklin County, as provided by law,
who shall give said landowner forty-eight hours' notice of the
time and place when and where the said jury will meet to assess
his damages ; and said jury, in considering the question of dam-
ages, shall also take into consideration the benefits to the owner
of the laud, and if such benefits be considered equal to or greater
than the damages sustained, the jury shall so declare, and it
shall report its finding in writing to said trustees for revision
and confirmation : Provided, that such owner may appeal to the
Superior Court of Franklin County from the decision of said
trustees.
Sec. 9. That the said board of road trustees shall be and are
hereby authorized and empowered to issue bonds of said Frank-
linton Township, to be styled "Franklinton Township road bonds,"
to an amount not to exceed forty thousand dollars, of such
denomination and of such proportion as said board may deem
advisable, bearing interest from the date of issue thereof at a
rate not exceeding six per cent per annum, with interest coupons
attached, payable annually or semiannually, as may be deemed
best, at such time or times and at such place or places as may
be deemed advisable by said board ; said bonds to be signed by the
chairman and secretary of said board, and to be of such form
aud tenor and transferable in such way, and the principal thereof
payable or redeemable at such time or times, not exceeding forty
years from the date thereof, and at such place or places as said
board of trustees may determine. None of said bonds shall be
disposed of for a less price than their par value, and the said
bonds may be issued at such time or times and in such amount
or amounts as may be deemed best to meet the expenditures pro-
vided for in this act. The liability for the payment of said bonds,
together with all interest that may be due thereon, shall be at-
tached to and imposed upon the political division of Franklin
County known as Franklinton Township, as constituted at the
time of the ratification of this act.
1909— Chapter 245. ' 281
Sec. 10. That for the purpose of providing for the payment of Special tax.
said bonds and the interest thereon, and for the construction,
improvement and maintenance of the roads of said township, the
board of county commissioners shall, annually, and at the time
of levying the county taxes, levy and lay a special tax on all
persons and property subject to taxation within the limits of
said Franklinton Township, of not less than fifteen cents and not Rate,
more than thirty-five cents on the one hundred dollars' assessed
valuation of property and not less than forty-five cents and not
more than one dollar and five cents on each taxable poll. The CoUection of tax.
taxes so levied shall be collected as other taxes are collected, and
paid to the treasurer of said board of road trustees.
Sec. 11. That the provisions of all the preceding sections of Election to be
this act, except section one, shall be submitted to a vote of the ^^^^
qualified voters of said Franklinton Township at an election to
be held on a day to be designated by the Board of County Com-
missioners of Franklin County. For the holding of said election Registrar and poll
the said county commissioners shall appoint a registrar and two "°^"®'^-
poll holders and any other ofiicers necessary to said election, and New registration,
shall order a new registration. At the close of said election said Canvass and re-
registrar and poll holders shall count and canvass the vote cast. "™ ° votes.
and declare the result thereof, and shall report such canvass
to the board of county commissioners, which said report shall be
recorded in the minutes of said board of commissioners, and no
other canvass, report or recording shall be necessary. At said Ballots,
election all voters who shall favor the issue of bonds, the levy
of the special tax and the other provisions of this act shall cast
ballots on which shall be printed or written "For Good Roads";
those opposed to such shall cast ballots on which shall be written
or printed "Against Good Roads." In all other respects said elec- Law governing
tion shall be held and conducted in the manner prescribed for the election,
election of members of the General Assembly. If a majority of Result of election.
the qualified voters of said township shall vote "For Good Roads,"
then said bonds shall be issued and said tax levied, and the other
powers and duties exercised as provided for in this act : Provided. Proviso: further
that if a majority of said qualified voters shall fail to vote "For elections.
Good Roads," said board of county commissioners shall order
another election or elections, to be held in the manner and with
the same effect as above provided, at any time within four years
of the date of the first election, when requested to do so by said
board of trustees.
Sec. 12. That all funds derived from the sale of any bonds by Specific appropri-
said board of tru.stees shall be paid over to the treasurer of said of'bSn°ds.^'^°^^^**^
board of trustees, and shall be used for the purpose of constructing
and improving the public roads in said township, the purchase
of such material, machinery and implements and the employment
of such officers and labor as may be found necessary in the carry-
ing out of this work.
282
1909— Chapter 245— 24G— 247,
Labor. Sec. 18. That iu the working and cunstruction of roads either
convict labor or hired labor, or both, may be used, as may be
ordered by said board of trustees; and in the working of con-
victs on the public roads all rights and privileges existing in
regard thereto or that may hereafter, exist for the use of convicts
in Franklin County or any township therein shall exist and apply
to the use of convicts on the roads of Franklinton Township.
No money used on Sec. 14. That no moneys shall be expended under this act on
streets of town. .^j^^, ^.^^.^^j ^^. g^^.^^j. j^^ ,^^^, incorporated town.
Sec. 15. That all laws and parts of laws in conflict with the
provisions of this act, so far as they relate to said Franklinton
Township, are hereby repealed.
Sec. KJ. That this act shall be iu force from and after its ratiti-
cation.
Ratified this the 20th day of February. A. D. 1909.
CHAPTER 246.
AN ACT TO AMEND CIIAPTEK (V47. 1'1'BLIC LAWS OF 1907.
Salary.
The General Asfnemhly of yorth Caruliiia do enact:
Section 1. That chapter six hundred and forty-seven, Public
Laws of one thousand nine hundred and seven, be amended as
follows : Strike out in section one the words "six hundred" and
insert in lieu thereof the words "nine hundred dollars."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 247.
AN ACT TO PROTECT FISH IN SWAIN COUNTY.
Open season.
Limit of number
and size of fish.
The General Assenihlii of Xorth Carolina do enact:
Section 1. That it shall be unlawful to catch or destroy fish in
the waters of Hazel Creek or Forney's Creek, in Swain County,
or any of the tributaries, except between the fifteenth day of April
and the first day of August, inclusive, of each year.
Sec 2. That it shall be unlawful for any person to take more
than twenty-five fish in any one day from the waters aforesaid,
and that no person shall take and retain from the said waters any
fish under the length of five inches.
1909— Chapter 247—248. 283
Sec. 3. That in order to enforce the provisions of this act the Wardens.
following persons are appointed wardens for the said waters, to-
wit: For Hazel Creeli, Dock Jones. Judd Hall, W. C. Calhoun,
G. I. Calhoun and John Calhoun ; for Forney's Creek, S. W. Mon-
teith, A. C. Hoyle, J. A. Hoyle, J. P. Crisp and W. R. Broom. And Duty and power
it shall be the duty of • said wardens to examine the fish of all
persons whom they may find fishing in said waters, and the said
wardens, or either of them, are hereby authorized to make arrests
of all persons violating the provisions of this act, after procuring
a warrant from .some justice of the peace in the township in which
the offense was committed, when such violations come within tlu"
obser\ation of any of them ; and it shall be the duty of the said
wardens making such arrest to take the offender before a .iustice
of the peace for trial.
Sec. 4. That any person violating the provisions of this act or Acts declared
who refuses to submit to the examination of their fish by the war- '"''' ^'^^^"°''*^-
dens or either of them, as provided in section three hereof, shall be
guilty of a misdemeanor, and upon conviction shall be fined not Punishment.
less than five dollars nor more than fifty dollars, or imprisoned
not less than ten nor more than thirty days.
Sec ■). That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th dav of February, A. D. 1900.
CHAPTER 248.
AN ACT TO CREATE A SUPERINTENDENT OF AGRICUL-
TT^RE AND SANITATION FOR THE COITNTY OF GUIL-
FORD.
Thr General Assemljly of yorth Carolina do enact:
Section 1. That the Board of Commissioners of Guilford County county connnis-
are hereby empowered, if in their judgment it shall be for the 'io°',Viake'^emplo\-^'
best interests of said county, to employ some person educated and ment.
skilled in agriculture and sanitation, who shall be a bacteriologist,
to assist in building up the agricultural interests of the county
and the protection of the health of its inhabitants.
Sec. 2. That said board shall fix bis comin'nsation and the lime Compensation and
for which he shall be emjiloyed.
Sec. .3. That this a«-t shall Ito in force from and af(cr its ratifi-
cation.
Ratified this the 20th day of February, A. I). inOf).
term of office.
284
1909— Chapter 249—250.
CHAPTER 249.
AN ACT TO REGULATE THE COMPENSATION OF THE MEM-
BERS OF THE BOARD OF COMMISSIONERS OF ROBESON
COUNTY.
Salary of
chairman.
Salary of other
members.
Tlie General Assembly of ^ortli Carolina do enact:
Section 1. That on and after the first day of January, one thou-
sand nine hundred and nine, the chairman of the board of com-
missioners of the county of Robeson shall be allowed the sum of
three hundred dollars each year in full for his services and mile-
age as a member and chairman of said board.
Sec. 2. That each member, other than the chairman, of the
board of commissioners of the county of Robeson shall be allowed
the sum of two hundred dollars each year in full for their services
and mileage as members of said board.
Sec. 3. That all laws and clauses of laws in conflict with the
provisions of this act be and they are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 20th day of February, A. D. 1909.
CHAPTER 250.
AN ACT TO AMEND SECTION 4969 OF THE REVISAL OF 1905.
The General Assembly of North Carolina do enact:
Rates of pilotage. SECTION 1. That section four thousand nine hundred and sixty-
nine of the Revisal of one thousand nine hundred and five be
amended by striking out all of said section beginning at the word
"for," in line two to and including the word "foot," at end of
line four, and inserting in lieu thereof the following: "for vessels
drawing eight feet and under, two dollars per foot ; ten feet and
over eight, two dollars and fifty cents per foot ; twelve feet and
over ten, three dollars and fifty cents per foot ; all over twelve
feet, four dollars per foot."
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 this the 20th day of February, A. D. 1909.
1909— Chapter 251. 285
CHAPTER 251.
AN ACT AUTHORIZING BUILDING STOCK-LAW FENCE IN
LILLINGTON AND STEWART'S CREEK TOWNSHIPS, IN
HARNETT COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That a good and sufficient fence shall be run, begin- Fence to be run.
„ ^ „ , . . , . oii Beginning and
ning at the stock-law gate near D. J. Parker s residence, m Stew- route.
art's Creek Township, in Harnett County, along the east side of
the Averasboro and Lillington Road, crossing Upper Little River
at Kivett's bridge ; thence the most practical route to be deter-
mined by the overseer to the gate at the residence of S. D.
Brantly ; thence on the east side of the road leading from said
Brantly's residence to the residence of Miss Bettie Pipkin ; thence
up the eastern side of said Averasboro and Lillington Road to
where the land line of Miss Bettie Pipkin crosses said road ;
thence with her line, crossing said road, to a point near the negro
schoolhouse; thence Avith Miss M. H. McNeill's fence as it now
runs to the Telegraph Road ; then crossing said road and running
as John A. McLeod's fence now runs to the back corner of the
Marshall field ; then as the fence around said field now runs to the
gate on the Averasboro and Lillington Road between O. J. Spears'
estate and the lands of Mrs. James Pearsall; thence as the line
of said lauds to Cape Fear River; then down Cape Fear River to
the mouth of Upper Little River ; thence up said Little River the
most practicable route to the beginning; said route to be selected
by the overseer.
Sec. 2. That said fence and the Cape Fear River to the mouth Lawful fences.
of Upper Little River shall be the only fence required by law for
the protection of crops in the district enclosed. Owners of stock Owners of stock
at large in the district shall be liable for all damages done by said ^'^^^® ^°^ damage.
stock, and shall for knowingly or negligently permitting any stock Permitting stock
to go at large be deemed guilty of a misdemeanor for each and misdem^ean'o^^^ '^
every offense, and upon conviction thereof shall be fined not more Punishment.
than fifty dollars or imprisoned not more than thirty days.
Sec. 3. The Board of Commissioners of Harnett County shall Registrar for
appoint, on the first Monday of April of each year or at the next ''iino"'"ied stock.
regular meeting thereafter, one registrar in said district, whose
duty it shall be to register all descriptions of live stock taken up
or impounded, and shall receive twenty-five cents for each regis- Fee for registra-
tration so made ; said registrar shall keep such register open at iJegister open for
all times for Inspection, Sundays excepted. inspection.
Sec. 4. The commissioners of said county shall have power to Power to remove
remove said registrar and to appoint his successor. registrar.
Sec. 5. That it shall be lawful for any person to take up any stock tal<:en up
live stock running at large in said district and to impound the ^"^^ impounded.
286 1909— Chapter 251.
Proviso: descrip- same iu the district where said stoclv is thus taken up : Provided.
tion of stock to be , i, j_ i, , , . ,, .
filed. hoioever, that the person talving up the said stocli shall file u
Cliarges for im- description of said stock with the registrar of the district, and
pomuiing and , , , . , . ,. ,, . -, , ,
keeping stock. ^ach persou so taking up and impouiuling the said stock may de-
mand fifty cents for each animal so taken up, and twenty-five cents
per head for each day that said stock is kept impounded, and also
the registration fee. and may retain the said stock until all legal
charges for impounding the same and for damages caused hy said
stock are paid.
Time within wliich Sec. 6. That if the owner of any live stock so impounded refuses
owner mu.st re- i ■ x j. i •-, . , ..,_• , ^ -,
deem stock. "^ neglects to redeem said stock withm twenty days after said
description is filed with the registrar, the impounded stock shall,
Notice of sale. after ten days' written notice, posted at three or more public
places in said district where said stock is impounded, describing
Sale and disposi- the same and stating place, day and hour of sale, sell said stock
'"^ "^^ '^' at public auction and apply the proceeds to the payment of all
costs, charges and registration fees provided for in this act, and
the balance he shall turn over to the owner, if known, and if the
owner be not known, to the township trustees of the township in
which said stock is impounded, for the benefit of the public schools
therein.
.Vsse.ssment of Sec. 7. That upon the written application, under oath, of any
damages. person, stating that he has suffered damages by reason of stock
running at large in the said enclosed district, any justice of the
peace in the township shall appoint three disinterested freehold-
ers to estimate said damages, which shall be paid by the person
claiming the said stock before it is delivered, and in case of sale,
before the owner shall be entitled to demand any part of the pro-
Dont)le damages, ceeds Of Said sale. Any person who shall suifer damages by rea-
son of said stock running at large therein may recover double the
amount of damages sustained by an action against the owner of
Injury to stock a said stock ; and if any person shall willfully, with gun, dog or
mis emeanor. otherwise, unretisonably chase, worry, maim or kill any such stock
or permit or cause the same to be done when trespassing upon his
Punisliment. hmd or crops, he shall be deemed guilty of a misdemeanor, and
upon conviction shall be fined not exceeding fifty dollars or im-
prisoned not exceeding thirty and not less than ten days.
Misappropriation Sec. 8. That any impounder willfully misappropriating money
viofatimi ot^act^a'^ t^'^t ^^ ™'^>' receive under this act, or in any manner willfully
misdemeanor. violating any of its provisions, shall be deemed guilty of a mis-
Punisliment. demeanor, and upon conviction shall be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days.
Unlawful release Sec. 9. That any person unlawfully rescuing or -releasing any
a misdemeanor. iinponnded stock, or attempting to do so, shall be deemed guilty
Punishment. of a misdemeanor, and upon conviction shall be fined not exceed-
ing fifty dollars or imprisoned not exceeding thirty days.
1909— Chapter 251. 287
Sec. 10. That the word "stock" iu this act shall be construed to Stock defined,
iiieau horses, mules, jacks, jennets, colts, cows, calves, sheep.
}?oats and all such cattle or swine.
Sec. 11. That J. W. Pipkin is hereby appointed overseer of said Overseer of fence.
fence for the year one thousand nine hundred and nine. He shall J/j^^cg ^ncf^at""
have said fence put up and gates erected on the public highways
hv the first of April, one thousand nine hundred and nine, and Apportionment
• ^ , ot cost,
shall apjtortion the cost of constructing said fence and gates among
the landowners of said district according to their land tax in the
district. Should anyone fail to pay, the overseer shall deliver the Collection of
amount to the sheriff, who shall collect it with their other tax. apportionment.
t(jgether with two per cent on the amount.
Sec. 12. That the commissioners of Harnett County, at their Appointment of
, „ . , , -, future overseers.
first meeting in each and every year, shall appoint some land-
owner of said district overseer of said fence, whose duty it shall Duty.
])e to keep it in good repair, at the expense of said landowners and
by the means aforsaid. As compensation for his services he shall Compensation.
receive two dollars for each day actually employed, and shall not
be compelled to serve more than 'one 3^ear in five. For a willful Neglect of duty a
, . ,, . j_. , , ,, , -ij. 4! misdemeanor.
neglect of the duties imposed in this section he shall be guilty ot
a misdemeanor.
v'^EC. lo. Said overseer shall have power to take the necessary Power to take
timl)ers from the landowners of said district to construct and re- ^^™ ®^-
p.iir said fence. The owners of said timber may receive for it Payment for
what may be agreed upon, or, if there be disagreement, what two
men may say it is worth ; one of said persons to be selected by the
• iverseer and the other by the owner of the timber, and if the two
do not agree they shall select a third person as umpire.
Sec. 14. Said fence shall be built with gates upon all the public Gates on iiigh-
liighways leading through said district, by the first of April, one ^^y^-
thousand nine hundred and nine, and when completed it shall be Notice of estab-
tiie duty of the overseer to give public notice by advertising in ' ""*'" "
three public places in said district of the establishment of said
fence, and from and after ten days from the date of such publica- Wlien act
tion the provisions of this act shall go into operation and take ^
effect.
Sec. 15. It shall lie lawful to erect gates where said fence crosses Gate.s across
... , , .,-,.,,.., , , 1. public roads,
the public roads, and anyone owning land within the enclosed dis- private gates.
trict has the privilege of erecting at his own exjiense private gates
in the said line of fence.
Shc. 16. That anv person who shall willfullv leave open, impair Leaving open
, ^ ^ " , J., T i- £ • 1 1 4. ■ gates or injury to
oi- destroy any fence or gate on the line of fence provided tor m fynce a misde-
tliis act shall l>e deemed guilty of a misdemeanor, and upon fon- p,^,^"^°/^gn^
victioii shall be fined not exceeding fifty dollars nor less than ten
dollars, oi' imiJi-isoiicd not exceeding thirty nor not less than ten
days.
Sec. 17. This act shall take effect from and after its ratifica-
tion.
Itatified this the 22d day of February, A. D. 1909.
288
1909— Chapter 252.
CHAPTER 252.
AN ACT TO RELEASE A CERTAIN PART OF McDOWELI.
COUNTY FROM THE STOCK LAW.
Boundary.
Lands taxed for
fence.
Fence commis-
sioners.
Duty.
Organization.
Quorum.
Vacancies.
The General Assembly of North Carolina do enact:
Section 1. That the following boundary shall be released froni
the stock law in McDowell County, to-wit : Beginning on toj)
of the Blue Ridge at Dr. M. F. Morjihew's fence and runs with his
fence to Three Mile Creek; thou down said creek to Armstrong
Creek ; then crossing said creek iand running down on the west
side of said creek to Wait Queen's fence; then with the foot of
the hills and outside fences to Lime Kiln Creek ; then up said
creek to Sandstone Branch ; then up the west side of said branch
to the Widow Wilford Huskin's ; then a straight line to J. C.
Hensley's fence, on Tom's Creek ; then with his west boundary
fence to A. M. Hensley's fence ; then with his west boundary fence
to C. W. Godfrey's fence ; then with his fence the nearest route to
the head of Andy Branch ; then -down ^aid branch to J. S. Callis*
fence ; then with said fence to Snipes' fence ; then with said fence
to W. E. Byrd's fence ; then with his fence to Buck Creek, cross-
ing said creek and the Burusville Road, to Mrs. Gowan's fence;
then with her outside fence to the Mosley Branch, and with said
branch to Yellow Gap; then a direct line, crossing Clear Creek,
to Hoover Mountain ; then a direct course to the old stock-law
fence on Mackay's Creek ; then with the old stock-law fence, or
foot of the mountains, to Mill Creek; then to the top of the
Blue Ridge to the Buncombe County line; then with McDowell
County line to the beginning.
Sec. 2. That the parties only who live inside of said boundary,
together with all real estate in said boundary owned by parties
who live outside of said boundary, shall be taxed to make and
keep a fence around said boundary.
Sec. 3. That A. "SI. Hensley, W. E. Byrd, Alex. Silver, Erwin
GrindstafC and Waits Queen are hereby appointed fence commis-
sioners, and as such it shall be their duty to provide for the build-
ing and keeping in repair a suitable fence, not less than four and
a half feet high, around said territory, with suitable gates at
every crossing of a public and private road.
Sec. 4. The fence commissioners shall elect one of their number
as chairman, and any .three of them shall constitute a quorum,
with power to act iipon any matter before them ; and upon any
vacancy occurring by death, resignation or failure to qualify, or
otherwise, it shall be filled by the Board of County Commissioners
of McDowell County from among the citizens living within and
owning land in said territory.
1909— Chapter 252—253. 289
Sec. 5. The fence commissioners shall make an annual report Annual reports,
to the Board of Commissioners of McDowell County, on or before
the first Monday in June, giving as near as may be an itemized
cost of building said fence and gates, as above contemplated, or
of keeping the same in repair, as the case may be ; and it shall
be the duty of the Board of County Commissioners of McDowell
County, at their meeting in June in each year, when their other
taxes are levied, to levy a tax upon all real estate and personal Fence tax.
property situate in said territory to defray the costs of said fence,
which said tax shall in no case exceed a tax of twenty-five cents Limit of rate,
on the hundred dollars' worth of real estate and personal prop-
erty in said territory, and a tax on each poll, observing the con-
stitutional equation, said taxes to be collected as other taxes.
and paid out by order of the county commissioners.
Sec. 6. That said fence commissioners shall not be required to Where fence not
build a fence along any part of said boundary where there is ^^^"'^^ ■
not at this time or the time of building said fence a stock law
requiring all stock to be kept in an inclosure.
Sec. 7. That it shall be lawful for all persons who live inside of Stock to run at
said boundary or who own lands inside of said boundary to let ^^^^'
their stock run at large after said fence shall have been built.
Sec. 8. That no person who lives outside of said territory, ex- stock not to be
cept such persons who may own land in said territory, shall be ^^^J^^*^ "^^° *^"'"
allowed to turn their stock into said boundary.
Sec. 9. That any person who shall leave the gates open across Leaving gates
any road erected by the road commissioners, or shall damage or ^g^anor" '
remove the same, shall be guilty of a misdemeanor, and shall pay Punishment.
a fine of not less than one dollar nor more than five dollars for
each offense.
Sec 10. This act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 253.
AN ACT TO AUTHORIZE AND EMPOWER THE BONDSMEN
OF W. B. COOPER, LATE SHERIFF OF TYRRELL COT'NTY.
TO COLLECT THE UNPAID TAXES CHARGED TO SAID
OFFICER.
Whereas W. B. Cooper, late Sheriff of Tyrrell County, died in Preamble.
office during the year one thousand nine hundred and eight, with-
out having collected in full the State, general county, special
county, school, poor and other taxes charged against him for the
Pub.— 19
290
1909— Chapter 253.
years one thousand nine hundred and four, one thousand nine
hundred and five, one thousand nine hundred and six and one thou-
sand nine hundred and seven ; and whereas, since the death of said
W. B. Cooper, his bondsmen have paid the amount of the uncol-
lected taxes so charged against him, in order to avoid actions at
law being instituted against them for the recovery of the taxes
charged against said W. B. Cooper at the time of his death, and
said bondsmen desire to save themselves from loss by collecting
said uncollected taxes: now, therefore.
Bondsmen au-
thorized to collect
arrears.
Years.
Appointment of
tax collector.
Powers vested in
tax collector.
Proviso: persons
not compelled to
pay-
Proviso: false
swearing perjury.
Punishment.
Time limit.
The General Asscmhhj of North Carolhui, do enact:
Section 1. That the bondsmen of W. B. Cooper, late Sheriff of
Tyrrell County, be and they are hereby authorized and empowered
to collect all State, general county, special county, school, poor
and all other taxes for the years one thousand nine hundred and
four, one thousand nine hundred and five, one thousand nine hun-
dred and six and one thousand nine hundred and seven which the
said sheriff had not collected for said years at the time of his
death, and the said bondsmen are authorized and empowered to
appoint a tax collector and to place the tax books for those years
in his hands for collection, and that said tax collector so appointed
is fully empowered to collect said taxes and to use all processes
of law now vested in sheriffs and tax collectors to levy upon real
and personal property of delinquents, and to sell the same to pay
said taxes, and, in cases of sales of real estate, to execute deeds
therefor, and in all respect to be vested with full power to exercise
the process and mechanism of the law to collect said taxes : Pro-
vicled, nevertheless, that if any delinquent on said tax lists shall
state on oath that his taxes for any or all of said years have been
paid, and is unable to produce receipt for same because of its be-
ing misplaced, lost or never having been given, then and in that
event, as against said delinquent or delinquents, the right of levy
and sale of property shall not be exercised : Provided further, that
any delinquent who shall falsely swear that taxes appearing
against him as unpaid were paid shall he guilty of perjury, and
upon conviction shall be punished accordingly.
Sec. 2. That the time for collecting said taxes under this act
shall be exercised not later than September first, one thousand
nine hundred and nine.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February, A. D. 1S09.
1909— Chapter 254 — 255—256. 291
CHAPTER 254.
AN ACT TO FIX THE PER DIEM OF THE BOARD OF COM-
MISSIONERS OF MITCHELL COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That ou and after the first Monday in April, one Per diem.
thousand nine hundred and nine, each member of the Board of
Commissioners of Mitchell County shall receive for services and
expenses in attending the meetings of the board not exceeding three
dollars per day and mileage to and from the county seat, not to Mileage,
exceed five cents per mile, mileage to Be reckoned by the nearest
route.
Sec. 2. That all laws and parts of laws in conflict with this act When act
be and the same are hereby repealed. ^ ^^ ^^^"
Sec. 3. That this act shall be in force from and after the first
day of April, one thousand nine hundred and nine.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 255.
AN ACT TO REPEAL CHAPTER 552 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE DUTIES OF THE CLERK OF
THE SUPERIOR COURT OF YANCEY COUNTY.
The General Assembly of North. Carolina do enact:
Section 1. That chapter five hundred and fifty-two of the Public Law repealed.
Laws of one thousand nine hundred and seven be and the same
is hereby repealed.
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 256.
AN ACT TO PROHIBIT PUBLIC DRUNKENNESS IN YANCEY
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand seven hundred and Public drunken-
thirty-three of the Revisal of one thousand nine hundred and five "^^^ forbidden,
be and the same is hereby amended by adding after the word
"Macon," in line five thereof, the word "Yancey."
292
1909— Chapter 256—257.
Punishment. Sec. 2. That section three thousand seven hundred and thirty-
three of the Eevlsal of one thousand nine hundred and five be
and the same is hereliy amended by adding after the word "fined,"
in line seven thereof, the words "not less than three dolhirs and."
Application of act. Sec. 3. That section two of this act shall only apply to Yancey
County.
Sec. 4. That all laws and clauses of laws in conflict with this
act be and the same ai'e hereby repealed.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 257.
AN ACT FOR THE RELIEF OF J. M. DAVIS, EX-SHERIFF OF
SURRY COUNTY.
Collection of ar-
rears authorized.
Persons not com-
pelled to pay.
Liability of sheriff
and bondsmen not
impaired.
Authority to
cease.
The General Assembly of North Carolina do enact:
Section 1. That authority is hereby given to J. M. Davis, ex-
Sheriff of Surry County, to collect arrearage of taxes for the years
one thousand nine hundred and five, one thousand nine hundred
and six. one thousand nine hundred and seven and one thousand
nine hundred and eight, and he is empowered to collect said taxes
under the same rules and regulations as are now or may hereafter
be provided by law for the 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 of-
ficer authorized to administer oaths that the taxes attempted to be
collected have been paid ; nor shall any executor, administrator or
guardian be compelled to pay any taxes under the provisions of
this act who has filed his account before and had the same ap-
proved by the clerk of the court of the said county of Surry.
Sec. 3. That nothing herein contained shall be construed to re-
lieve said sheriff, his representatives or bondsmen from the lia-
bility by law to pay State and county taxes at the time and place
required by law.
Sec. 4. That the authority herein given shall cease and determine
on the thirty-first of December, one thousand nine hundred and
ten.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February. A. D. 1909.
1909— Chapter 258—259. 293
CHAPTER 258.
AN ACT TO ALLOW D. R. NOLAND, EX-SHERIFF OF HAY-
WOOD COUNTY, TO COLLECT BACK TAXES.
The General Assemlly of North Carolina do enact:
Section 1. That D. R. Nolaud, ex-Sheriff of Haywood County, Collection of ar-
-, ^ ,, , ,, ,, rears authorized.
be and he is hereby authorized and empowered to collect all the
unpaid taxes in Haywood County which he is by the law required
to collect for the years one thousand nine hundred and five and Years.
one thousand nine hundred and six, inclusive.
Sec. 2. That said D. R. Noland, ex-Sheriff of Haywood County, Powers of sheriffs
shall have all the power and authority to collect the taxes for the "
years mentioned in section one of this act for Haywood County
which are now granted to sheriffs and tax collectors under the
existing laws of North Carolina.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 259.
AN ACT TO APPOINT A FINANCE COMMMITTBE FOR POLK
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That J. P. Arledge, W. B. Feagan and I. D. Morris Commissioners
be and they are hereby appointed a finance committee for the "^'"^ •
county of Polk. The term of office of said committee shall begin Terms of office,
on the first Monday in September, one thousand nine hundred and
nine, and shall continue for two years and until their succsesors
are apijointed and qualified. The members of said committee, be- Members to
quahfy.
fore entering upon their duties, shall take iaud subscribe the oath
or afiirmation now required by law, and said committee shall exer- Powers and
^ . duties.
cise all the powers and duties now pi-escribed by subchapter four of
chapter twenty-five of the Revisal of one thousand nine hundred
and five. Any vacancy occurring in said committee, or any suc-
ceeding committee hereinafter provided for, shall be filled by the Vacancies,
remaining membei's of said committee.
Sec 2. That on or before the first Monday in September, one Appointment of
thousand nine hundred and eleven, and biennially thereafter, the
judge of the judicial district in which said count.y is situated shall
appf)int a finance committee for said county, which shall be com-
posed of three intelligent taxpaying citizens of the county, and
which shall serve for the same term and exercise the same powers
and duties as the committee appointed under section one of this act.
294
1909— Chapter 259—260.
Pay of commis-
sioners.
Sec. 3. Tbat the members of the tinuuce committee shall each
receive three dollars per clay for the clays they are actually en-
gaged in the work required to be done under the provisions of this
act, but they shall not receive pay for more than sixteen days for
any one year.
Sec. 4. That all laws and clauses of laws in conflict with this
act, in so far as they relate to the county of Polk, are hereby
repealed.
Sec. 5. That this act shall be in forcc^ from and aftcn- its ratilicu-
tion.
Ratified this the 22d day of February, A. D. 1900.
CHAPTER 260.
AN ACT TO APPOINT A COTTON WEIGHER FOR THE
TOWN OF SMITHFIELD, JOHNSTON COUNTY.
Cotton weigher
to be appointed.
Cotton to be
weighed.
Bond.
Compensation of
weigher.
Term of ofBce.
Election of suc-
cessor.
Record of cotton
weigher.
The General As-scmhiy of North Carolina do enact:
Section 1. That there shall be appointed for the town of Smith-
field, Johnston County, one public cotton weigher, sworn to per-
form his duties faithfully, whose duties shall be to weigh all
cotton sold in bales in the said town and make just and jiroper
deduction for water or any other damages.
Sec. 2. That all cotton sold in bales in the town of Smithfield
shall be weighed by a sworn cotton weigher, who shall give bond
in the sum of five hundred dollars, to be approved by the board
of commissioners of the county, for the faithful performance of
his duties, and said weigher shall receive as full compensation
for his services the sum of ten cents per bale for each bale weighed,
the seller and purchaser to pay five cents each, and that the
purchaser shall retain five cents of the purchase price and shall
be responsible to said weigher for his fees, and to whom said
weigher shall look for such fees.
Sec. 3. That the term of said officer shall be two years, begin-
ning the first day of March, one thousand nine hundred a^nd nine,
and that his successor shall be elected biennially thereafter by the
board of commissioners of the town of Smithfield, on the first
Tuesday in January, and be approved by the board of county
commissioners of said county on the first Monday in February
of each year when such election shall recur, as by this act provided.
Sec. 4. That it shall be the duty of said cotton weigher to keep
record of the cotton belonging to different purchasers and weighed
by him, so that cotton belonging to different buyers shall not be-
come mixed on the yard or platform where the weighing is done,
such as may be established for public convenience; and further.
1909— Chaptek 260—261. 295
that it shall be his duty to keep a record of all cotton weighed,
showing the names of seller and buyer.
Sec. 5. That the records of said officer shall be evidence in any Records evidence.
court, when duly and properly authenticated, and his books and Books and records
records shall be open to inspection by any person who shall make fj^^" ° inspec-
request to be allowed such privilege.
Sec. 0. That E. S. Sanders shall be and is hereby appointed to Weigher named.
fill the first term of office under this act — that is to say, ]\Iarc'h
first, one thousand nine hundred and nine, to March first one
thousand nine hundred and eleven.
Sec 7. That this act shall be in force from and after its ratiti-
cation.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 261.
AN ACT TO APPOINT A COTTON WEIGHER FOR RED
SPRINGS TOWNSHIP AND TO PROVIDE FOR HIS ELEC-
TION.
The General Assembly of North Carolina do enact:
Section 1. That at the first regular meeting in the month of Election of cotton
weigher
April, one thousand nine hundred and nine, the commissioners of
the town of Red Springs shall appoint a cotton weigher for Red
Springs Township, Robeson County, who shall hold office until Term of office.
his successor is elected and qualified hi the manner hereinafter
provided.
Sec. 2. That there shall be an election for a cotton weigher in Election of suc-
Red Springs Township on the second Tuesday in July, one thou- ^^^^°^-
sand nine hundred and nine, and on the same day each year
thereafter, under the same rules and regulations that govern
State and county elections. The mayor and board of commissioners Registrar and
of the town of Red Springs shall appoint a registrar and two J'"^^*^^ °^ ^^^^*'*^"-
judges to conduct the elections and to provide for the registration
of votes in the township. All persons qualified to vote for mem- voters.
bers of the General Assembly, who have resided in Red Springs
Township ninety days with intent to make said township their
place of residence, shall be allowed to vote.
Sec .3. That within five days after the election the person so Bond,
elected shall give bond in a sum not to exceed five hundred dol-
lars, to be approved by the board of commissioners of the town
of -Red Springs, for the faithful performance of his duties: he Person elected to
shall also take oath, before some one legally authorized to ad- ^"'^•"fy-
minister oaths, to in the discharge of his duties act fairly and
impartially.
296 1909— Chapter 261—262.
Duty of cotton Sec. 4. That it shall be the duty of said cotton weigher to weigh
weigher. ^^jj (,q^^q^ g^j^j jjj bales in the town of Red Springs; to keep separate
the cotton belonging to different purchasers weighed by him, so
that the cotton on the yard or platform where the weighing is done
shall not become mixed ; to keep a record of all cotton weighed,
showing the name of seller and buyer, the grade of cotton and
prices paid, if known to such weigher.
Records evidence. Sec. 5. That the record of said otScer shall be evidence in any
court, when duly and properly authenticated, and his books and
records shall be open to inspection by any person who shall make
request to be allowed such privilege.
Compensation of Sec. 6. That said cotton weigher shall receive as full compensa-
co on weig er. ^.^^ ^^^ j^.^ services the sum of ten cents per bale for each bale of
cotton weighed, the seller and purchaser to pay five cents each ;
and that the purchaser shall retain five cents of the purchase
price and shall be responsible to said weigher for his fees, and to
whom said weigher shall look for such fees.
Sec. 7. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 262.
AN ACT TO PROVIDE FOR THE ELECTION OF COTTON
WEIGHERS FOR UNION COUNTY.
The General Assembly of 'North Carolina do enact:
Election of cotton SECTION 1. That hereafter at each general election to be held
weighers. j^^ Union County, North Carolina, for the election of county of-
For Marshville ficers, there shall be a cotton weigher elected for the town of
Mai'shville by the qualified voters of Lane's Creek, Marshville
For Wingate. and New Salem townships ; there shall be a cotton weigher elected
for the town of Wingate by the qualified voters of Wingate
For Monroe. Preciuct ; there shall be a cotton weigher elected for the city of
Monroe by the qualified voters of Goose Creek, Vance and Buford
townships, the eastern precinct of Sandy Ridge Township and
Waxhaw. all of Monroe Township except the Wingate Precinct; and there
shall be a cotton weigher elected for the town of Waxhaw by the
qualified voters of Jackson Township and the western precinct of
Sandy Ridge Township.
Bonds of weighers. Sec. 2. That the cotton weighers so elected shall give bond in
like manner as other county officers for the faithful discharge of
their duties. The amount of said bonds, respectively, shall be
fixed by the board of county commissioners of said county and
approved by them, and filed as other bonds for county ofllcers.
297
]^909 — Chapter 262 — 263.
SEC 3 That if any cotton weigher hereafter elected, as pro.-ided Removal for
in this act, Shall fail or refuse to aualify or to ^-thfully perform
his duties, the county commissioners of said county shall ha e
power, upon suthcient cause shown, to remove him from ofhce,
tn flPflire same vacant and to fill all vacancies.
SEC 4 ThaTtheir term of office shall commence on the first Terns of office.
Monday 'in December after their election, and continue for a term
of two years and until their successors shall have qualified.
SEC. 6. That the same fees and regulations as are now pre- Fee^s^and regula-
scribed bv law shall be enforced.
SEC 6 That all laws or clauses of laws in conflict with this
act are hereby repealed. . t^ -,nnn
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 263.
AX \CT TO ArTHORIZE THE CITY OF NEW BERN AND
THE COUNTY OF CRAVEN TO APPROPRIATE MONEY
OUT OF THE TREASURIES OF THE CITY AND COUNTY
TO COMMEMORATE THE BICENTENNIAL OF THE FOUND-
ING OF THE TOWN OF NEW BERN.
Whereas the people of the town of New Bern desire to com- Preamble,
memorate the bicentennial of the founding and incorporation of
the ancient Colonial capital of this great State by holding a
"home-coming week" in the year one thousand nme hundred and
ten upon which occasion fitting and appropriate ceremonies will
be had in celebration of the founding and incorporation of the
town- and whereas the town of New Bern, founded in March, one Preamble,
thous'and seven hundred and ten, has contributed no small part
to the history of this State, and her great sons, William Gaston,
George E. Badger, John Stanley and others have held high place
in the State and nation, always worthily and in honor to the
State and to their native town, whose people desire to do honor
to'their memory on this occasion; and whereas it is necessary, m Preamble,
order to appropriately commemorate the event and to receive,
welcome and entertain the home-coming of her sons and the
descendants of her sons now living in this State and other States:
now, therefore.
The General Assembly of ^orth Carolina do enact:
SECTION 1. That the county of Craven be and is hereby author- Ai.propriatj<M._by
ized and empowered to appropriate out of the general fund in j,ed.
the treasurv of said county a sum not exceeding two thousand
five hundred dollars for the purpose of celebrating the bicentennial
of the founding of the town of New Bern.
298
1909— Chapter 263—26^
-265.
Appropriation by
city authorized.
Money to be paid
over.
Sec. 2. That the city of New Beru be and is hereby authorized
and emi)owered to appropriate a sum uot exceeding two thousand
five hundred dolhirs out of the general fund in the treasury of
said city for the purpose of celebrating the bicentennial of said
town.
Sec. 3. That the autliorities of tlie county of Craven — that is,
the board of commissioners of said county and the board of alder-
men of the town of New Bern — are hereby authorized to pay the
sum so authorized, if appropriated, into the hands of the person
designated by the proper authorities in charge of said celebration.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Katified this the 22d day of February. A. D. lilOt).
CHAPTER 264.
AN ACT TO REPEAL CFIAPTER 6S0, PUBLIC LAWS OF 1899,
AND CHAPTER 74S, PUBLIC LA\YS OF 1903, RELATING TO
THE STOCK-LAW TERRITORY IN No. 7 TOWNSHIP, CRA-
VEN COUNTY.
The General AsxeDihhi of North Garollna do enact:
Law repealed. SECTION 1. That chapter six hundred and eighty-nine. Public
Laws of one thousand eight hundred and ninety-nine, and chapter
seven hundred and forty-eight, Public Laws of one thousand nine
hundred and three, be and the same are hereby repealed.
Sec. 2. That all laws and parts of laws in conflict with this act
are hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 22d day of Febraary, A. D. 1909.
CHAPTER 265.
AN ACT TO AMEND SECTION 2681 OF THE RE VI SAL OF 1905,
RELATIA^E TO THE ROAD LAW.
Laying ont and
construction of
public roads.
Appointment of
overseers and
allotment of
hands.
The General Assemhly of North Garolina do enact:
Section 1. That section two thousand six hundred and eighty-
one of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by adding to the end of said section
the words : "Provided, that it shall be the duty of the county com-
missioners to have all roads laid out and constructed that may here-
after be ordered as public roads, and to enable the commissioners
to construct the same they are hereby authorized and empowered
1909— Chapter 265—266. 299
to appoint overseers on such roads and to assign to said overseers
such liauds from ttie body of tbe county as in tlie opinion of tlie
commissioners may be necessary to construct the same : Provided, Proviso: Hmit of
that no person shall be required to work more than eight days in '
any one year, under the authority of the board of commissioners.
before the duties of the supervisors as to such roads shall obtain,
and that the county commissioners are hereby vested with all the ^ouuty ^V^^'J^^i'^-
powers that the supervisors now have for having such roads con- with ppwers of
structed and received." This act shall only apply to Yadkin ^;('j^f'^;',ri^pj,^9^-;;; ^^ ^^.,
County.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February. A. D. 1909.
I
CHAPTER 266.
AN ACT TO VALIDATE CERTAIN ACTS OF A JUSTICE OF
THE PEACE IN BERTIE COUNTY.
Whereas W. T. D. Evans, a justice of the peace in and for Preamble.
White's Township, in Bertie County, whose term of office expired
by law on the first Monday in December, one thousand nine hun-
dred and eight, has, since said date, believing that his term expired
on the first day of January, one thousand nine hundred and nine,
performed certain duties, among them being a marriage ceremony
between Theophilus Johnson and Kate Perry, together with an
acknowledgment and privy examination of a married woman, to-
wit, Mrs. Martha Farless, and her husband. John F. Earless, in a
mortgage deed by them to L. E. Farless, and other acts pertaining
to his said office, believing all the while that his term did not ex-
pire prior to January fii-st. one thousand nino hundred and nine:
therefore.
The General Assembly of North Carolina do enact:
Skction 1. That all acts as a justice of the peace performed l)y Acts validated.
the said W. T. D. Evans between the first Monday of December,
one thousand nine hundred and eight, and this date, be and the
same are herel)y validated and legalized to the same extent as if
he were an acting justice of the peace.
Sec. 2. That all laws and clauses of laws in conflict with this
act be and are hereby repealed.
Sec. .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February, A. D. 1909.
300
1909— Chapter 267—268—269.
Acts declared
unlawful.
Misdemeanor.
Punishment.
When act
effective.
CHAPTER 267.
AN ACT TO PREVENT THE DUMPING OF SAWDUST INTO
THE STREAMS OF JACKSON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for auy person, firm or cor-
poration to permit, throw, dump or in any way allow sawdust to
be placed, dumped or thrown into auy of the streams of Jackson
County.
Sec. 2. That auy person, firm or corporation violating any of the
provisions of this act shall be guilty of a misdemeanor, and shall
be fined or imprisoned in the discretion of the court.
Sec. 3. That this act shall be in force from and after the first
day of July, one thousand nine hundred and nine.
Ratified this the 22d day of February, A. D. 1909.
Consolidation
authorized.
County road
commission.
Powers and
duties.
CHAPTER 268.
AN ACT PROVIDING FOR THE CONSOLIDATION OF THE
SEVERAL ROAD COMMISSIONS IN RICHMOND COUNTY
AT THEIR OPTION.
The General Assembly of North Carolina do enact:
Section 1. That the road commissioners of the several town-
ships in Richmond County, if they so desire, or the road commis-
sioners, or so many of them as so desire, may consolidate the funds
of the several townships and elect one of their number a member
of the county road commission, and this county road commission
shall have all the power now conferred on the road commissioners
of the said several townships, and shall work and maintain the
public roads of such territory and expend all moneys collected
equitably within said territory.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 269.
Collection of ar-
rears authorized.
Years.
AN ACT TO EMPOWER THE SHERIFF OF MADISON
COUNTY TO COLLECT ARREARS OF TAXES.
The General Assembly of North Carolina do enact:
Section 1. That George W. Cole, Sheriff of Madison County, is
hereby authorized and empowered to collect arrears of taxes for
the years one thousand nine hundred and five, one thousand nine
hundred and six, one thousand nine hundred and seven, one thou-
1909— Chaptek 269—270—271. 301
sand nine hundred and eight, under such I'ules and reguhitions as
are or may be prescribed by law for the collection of taxes.
Sec. 2. That no person shall be compelled to pay any taxes un- Persons not com-
„ , . . .,, , ., , i. pelled to pay.
der the provisions of this act who will make an oath before any
person authorized to administer oaths that the same have been
paid.
Sec. 3. That the authority given by this act shall cease the first Authority to
Monday in December, one thousand nine hundred and ten.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 270.
AN ACT TO EMPOWER THE COUNTY COMMISSIONERS OF
YANCEY COUNTY TO SELL THE PRESENT COUNTY HOME
AND CHANGE THE SITE.
The General Assemhly of North Carolina do enact:
Section 1. That the county commissioners of Yancey County be Sale authorized.
and are hereby empowered to sell the present county home.
Sec. 2. That the commissioners of Yancey County be and are County commis-
hereby empowered to designate a new site for the county home of nate new site.
said county at any place in the county that to them may seem
best : Provided, that the same shall not be located within two Proviso: not
., „ T-, .,, within two miles
miles of Burnsville. of Burnsville.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 271.
AN ACT TO PROHIBIT PUBLIC DRUNKENNESS IN
BUNCOMBE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand seven hundred and
thirty-three of the Revisal of one thousand nine hundred and five
be amended as follows: By striking out all of the section after
the word "not," in line seven of this section, and adding the fol-
lowing: "not less than two dollars and fifty cents nor more than Punishment.
fifty dollars, or imprisoned not exceeding thirty days."
Sec. 2. That this act shall only apply to Buncombe County. Application of act.
Sec. 3. That this act shall be in full force from and after its
ratification.
Ratified this the 22d day of February, A. D. 1909.
302
1909— Chapter 272—273.
CHAPTER 272,
AN ACT TO PROHIBIT SAWDUST BEING THROWN INTO
STREAMS IN EDGECOMBE COUNTY.
Throwing saw-
dust in strean'is a
misdemeanor.
Punishment.
The Oeneral Assemhli/ of l<!orth Carolina do enact:
Section 1. If any person, firm or corporation shall throw, per-
mit any sawdust to be thrown or run into any stream in Edge-
combe County, they or it shall be guilty of a misdemeanor and
fined not more than five dollars or imprisoned not more than thirty
days.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 273.
AN ACT FOR THE RELIEF OF THEO. N. BATES, EX-SHERIFF
AND TAX COLLECTOR OF CHEROKEE COUNTY.
Collection of ar-
rears of tax au-
thorized.
Years.
Persons not com-
pelled to pay.
Liability not
released.
Authority to
cease.
The General Assembly of North Carolina do enact:
Section 1. Theo. N. Bates, ex-sheriff and tax collector of Chero-
kee County, who by virtue of his office has had the tax lists in his
hands for the years one thousand nine hundred and five, one thou-
sand nine hundred and six, one thousand nine hundred and seven
and one thousand nine hundred and eight, is hereby authorized
and empowered to collect arrears of taxes for each of the years
aforesaid, under such rules and regulations as are now or may
hereafter be provided by law for the collection of taxes.
Sec. 2. That no person shall be compelled to pay any tax under
the provisions of this act who holds a receipt in full for the years
named in section one of this act, or 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, administra-
tor or guardian he compelled to pay any tax under the provisions
of this act after he shall have made a final statement.
Sec. ?,. That nothing herein contained shall be construed to re-
lieve said Bates or his representative or bondsman from the lia-
bility imposed by law to pay the State, county or other special
taxes at the time and place required by law.
Sec. 4. That the authority herein given shall cease and deter-
mine on the thirtieth day of November, one thousand nine hundred
and nine.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February, A. D. 1909.
1909— Chapter 274. 303
CHAPTER 274.
AN ACT TO PREVENT DEPREDATIONS BY MISCHIEVOUS
LIVE STOCK IN TYRRELL COUNTY.
The General Assembly of ?<orth Carolina do enact:
Section 1. Tliut it shall be unlawful for any person, arm or cor- Allowing mis-
poration owning mischievous live stock of any kind in Tyrrell tonm'^aVlarge'a^'^
County, or having the same under their control or in their posses- misdemeanor.
sion and knowing the same to be mischievous, to allow the same to
run at large after being notified to keep the same up ; and any
person, firm or corporation offending against this section shall be
guilty of a misdemeanor, and upon conviction shall he fined not Punishment,
less than two dollars nor more than ten dollars.
Sec. 2. That any mischievous live stock of any kind found Mischievous stock
within the enclosure of any person, firm or corporation in Tjrrell '™P°""' '^' ■
Countj' may be impounded bj' the owner or occupant of said en-
closed premises, and such impounder may demand fifty cents for Charges for im-
each animal so impounded and twenty-five cents for each animal keep ^^^
for every day such stock is kept impounded, and may retain the Damages.
same under proper care until all legal chai'ges for impounding said
stock and for damages caused by the same are i)aid, without
diminution because of detention of SJime ; said damages to be as- Ascertainment of
certained by two disinterested freeholders, one to be selected by •^a^rnages.
the owner and one by the impounder ; said freeholders to select an
umpire, if they cannot agree, and their decision to be final.
Sec. 3. if the owner of said stock be known to such inlpouuder Owner to be
he shall immediately inform such owner where his stock is im- "°*^*^^'^-
pounded, and if said owner shall for two days after such notice
willfully refuse or neglect to redeem his stock, then the impounder,
after ten days' written notice, posted at three or more pulilic places
within the township where said stock is impounded, and describ-
ing said stock and stating place, day and hour of sale, or if the
owner be unknown after twenty days' notice in the same manner
and also at the courthouse door, shall sell the stock at public auc- sale of stock.
tion at the place of impounding and apply the proceeds in accord- Application of
ance with the preceding section, and the balance he sh:ill turn Proceeds.
over to the owner, if known, and if the owner lie not known, to
the county ti'easurer for the use of the school funds of the county,
subject in his hands for six months to the Ciill of the legally en-
titled owner.
Sec. 4. The words "mischievous live stock" in this chapter shall Mischievous live-
be construed to include horses, mules, colts, cows, calves, sheep, ^^°^^ construed,
goats, jennets and all neat cattle and swine of a mischievous char-
acter or reputation.
Sec. 5. That this act shall be in force from :ind after .May first, when act
one thousand nine hundred and niii<\ effective.
Ratified this the 22d day of Februarj-. A. D. 1909.
304
1909— Chapter 275—276.
CHAPTER 275.
AN ACT FOR THE RELIEF OF EX-SHERIFf' OF
CLEVELAND COUNTY.
Collection of ar-
rears of taxes au-
thorized.
Years.
Proviso: author-
ity to cease.
The General Assembly of North CaroUna do enact:
Section 1. That A. B. Suttle, ex-Sheriff of Cleveland County
(and in the case of his death, his personal representative) is
hereby empowered and authorized to collect arrears of taxes for
the years one thousand nine hundred and five, one thousand nine
hundred and six, one thousand nine hundred and seven and one
thousand nine hundred and eight, under such rules and regulations
as are now or may hereafter be provided by law for the collection
of taxes: Provided, that the authority herein given shall cease
and determine on December thirty-first, one thousand nine hun-
dred and ten.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February. A. D. 3909.
CHAPTER 276.
AN ACT TO ENCOURAGE THE DESTRUCTION OF HAWKS
AND OWLS.
The General Assembly of North Carolina do enact:
Section 1. That the sheriff is hereby authorized and directed
to pay for every hen hawk's head, blue darter's head and every
hoot owl's head the sum of twenty-five cents to the person deliver-
ing to him such head or heads.
Sec. 2. That the sheriff" shall keep a list or account of every
such transaction, showing to whom the payment was made, the
date and the amount, and the kind of bird for which the payment
was made.
Sec. 3. That the sheriff shall be allowed credit by the board of
county commissioners, in his settlement with them of the general
county taxes, for all sums jiaid out by him under the provisions of
this act : Provided, that the sheriff furnish to the board a list of
such payments, certifying the correctness thereof.
Application of act. Sec. 4. That this act shall apply only to Columbus County.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of February, A. D. 1909.
Bounty.
Accounts to be
kept.
Sheriff allowed
credit.
Proviso: sheriff
to furnish lists.
1909— Chapter 277—278.
CHAPTER 277,
305
AX ACT TO APPOINT J. H. NOWELL A JUSTICE OF THE
PEACE FOR WINDSOR TOWNSHIP, IN BERTIE COUNTY.
The General Assembly of Xorth Carolina do enact:
Section 1. That J. H. Nowell, of Wiudsor Township, Bertie Appointment.
County, be and he is hereby appointed a .instice of the peace for Term of office,
the term of six years, his term of office to begin from the passage
of this act and his acceptance and qualification.
Sec. 2. That section two hundred and ten of the Revisal of one La\y forbiddmg
thousand nine hundred and five of North Carolina shall not be ly^^p'fa^^," P''^^"
applicable to said J. H. Nowell.
Sec 3. That the appointment of the said J. H. Nowell and his Right to practice
acceptance and qualification as a justice of the peace in and for ^'^•
said township and county shall in nowise affect his right to practice
as an attorney at law in the various courts of Bertie County and
the courts of the State, except in such cases as have been appealed Exception,
from the courts of the justice of the peace over which he presided
or took part.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 22d day of February, A. D. 1909.
CHAPTER 278.
AN ACT TO PREVENT HORSES AND MULES FROM RUNNING
AT LARGE IN PITT COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Le«J^^f Jj^^^^f f^^gg
who knowingly lets his or her horse or horses, mule or mules run lorbidrten.
at large upon the public roads in Pitt County for the purpose of
grazing.
Sec. 2. Anyone violating the provisions of this act shall be guilty Misdemeanor,
of a misdemeanor and fined not less than one dollar nor more Punishment,
than five dollars, or imprisoned not less than five nor more than
ten days for each and every offense, at the discretion of the
court.
Sec. 3. That this act shall go into effect on the first day of When^act
May, one thousand nine hundred and nine.
Ratified this the 22d day of February, A. D. 1909.
Pub.— 20
306
1909— Chapter 279—280.
CHAPTER 279.
AN ACT FOli THE RELIEF OF THE SHERIFF AND
TREASURER OF MOORE COUNTY.
Overpayments to
be refunded.
The General Assenihly of Nortli Carolina do enact:
Section 1. That the Board of Education of Moore County is
authorized, empowered and directed to pay to A. C. Kelly, Sheriff
of Moore County, and A. D. Muse, Treasurer of Moore County,
out of any school funds that may be at any time due or belonging
to said county, such amounts as the said A. C. Kelly and A. D.
Muse overpaid the school fund of said county during the fiscal
year of one thousand nine hundred and six and one thousand
nine hundred and seven, at such times and in such amounts from
time to time as not to reduce the public schools taught in said
county to a term less than four mouths in each school district
in said county in any one year.
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 fovve from and after its ratifica-
tion.
Ratified this the 22d day of February. A. D. 1909.
CHAPTER 280.
AN ACT TO PREVENT SAWDUST FROM GOING INTO SAW-
YER'S CREEK AND FISHING IN GRAHAM COI'NTY.
TJie General Assenibly of Xorth Carolina do enact:
Unlawful to allow SECTION 1. That it shall be unlawful for anv person, firm or
sawdust to be i- ^ ,, i v. ^ , ^, • * c
thrown into corporation to allow any sawdust to be thrown into Sawyer s
streams. Creek or its tributaries, in the county of Graham.
Fishing forbidden. Sec. 2. It shall be unlawful for any person, firm or corporation
to fish in Sawyer's Creek or its tributaries, in Graham County,
until January twelfth, one thousand nine hundred and twelve.
Misdemeanor. Any person violating sections one or two of this act shall be guilty
Punishment. of a misdemeanor and fined not more than fifty dollars or im-
prisoned not more than thirty days.
Sec. 3. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 22d day of February. A. D. 1909.
1909— Chapter 281. 307
CHAPTER 281.
AN ACT TO IMPROVE THE PUBLIC ROADS OF WAKE
COUNTY.
The General AHsemhln of Xorth Carolina do enaef:
Section 1. That the public roads of Wake County be and they Roads divided.
are hereby divided into "highways" and "roads." That the high- Highways and
ways shall comprise the main thoroughfares of the county and Highways defined
shall be under the supervision and control of the board of county Supervision and
commissioners, who shall have the authority to declare which pub- comniissioiiers^^^
lie roads are to be "highways" and which "roads" ; that the roads Roads defined.
shall comprise the less important ways of the county and shall
be construed to include all public ways not designated highways
by the county commissioners, and they shall be under the super- Supervision and
vision and control of the board of township trustees hereinafter si°[|)\°u°tee°)^""
provided for. It shall be the duty of the county commissioners to Determination
determine what public roads or parts of public roads of said hfghways. °
county shall be highways, and they shall cause a record to be
made thereof. The right of way of all highways and roads shall Right of way.
be forty feet, but only so much shall be used as in the opinion
of the count.y commissioners or of the board of township trustees
is necessary for the public good.
Sec. 2. Upon the adoption of the provisions of this act the Election of super-
commissioners shall elect a superintendent of roads for the county, roaiis, assistant
and an assistant if they deem proper, and such other employees ^'^'' employees.
as may be necessary, who shall hold office until the first Monday Term of office.
in December, one thousand nine hundred and eleven, and until
their successors are elected and qualified. Biennially thereafter Election of suc-
they shall elect successors to said officers, who shall hold office censors.
for two years and initil their successors are elected and qualified.
The suiieriutendent of roads shall be under the direction and con- Removal of super-
trol of the county commissioners, and he may be removed by them intendent.
upon ten days' notice after hearing; and when in the opinion of
the board there exists cause for such action, and for malfeasance,
misconduct in office or neglect of duty, he may be removed by
them without notice other than may be necessary to give him a
hearing. It shall be the duty of the superintendent of roads, sub- putjes of super-
ject to the direction of the county commissioners, to supervise intendent.
and have charge of the l)uilding and maintenance of all higliways
in the count.v and the maintenance of all bridges and fords of
said county, and he shall submit a (piarterly report, showing the Quarterly reports.
condition of highways and bridges, work in progress, suggesting
plans for improvement, and such other matters as may be required
by the county commissioners. The superintendent of roads, be- Bond of super-
fore entering upon the duties of his office, shall deposit with the 'itendent.
county connnissioncrs a bond, to be fixed and approved by them.
308
1909— Chapter 281.
Vacancy.
Building of high-
ways may be let
to contract.
Bond of con-
tractors.
Convicts hired to
contractors.
Keeping up high-
ways let to con-
tract.
Bond of con-
tractors.
Prisoners to be
worked on high-
ways.
Proviso: exchange
of prisoners.
Convicts sen-
tenced to road
work.
Proviso: physical
disability.
Control and
custody of con-
victs.
in the sum of not less than two thousand dollars, as a guarantee
of the faithful and honest discharge of the duties of his oflace,
which bond shall be duly registered iu the office of the register
of deeds and filed with the clerk of the Superior Court. In case
of any vacancy occurring in the office of superintendent of roads,
said board of county commissioners shall fill the same for the
unexpired term.
Sec. 3. That the county commissioners shall have the right to
let the building of highways by contract to any responsible person,
who, before entering upon the building of said highways, shall
give bond acceptable to said commissioners iu not less than one-
third the amount of the contract price. They shall have power
to hire the county convicts to such contractor upon such condi-
tion as they may deem proper.
Sec. 4. That the board of county commissioners shall have power
to let out to responsible persons the keeping in repair of a section
of the highways, whenever in their discretion such course seems
wise. Such person shall enter into a contract and give such bond
for the faithful observance of the conditions of the same as the
commissioners may require.
Sec. 5. That all prisoners confined in the county jail of Wake
County under final sentence of the court for crimes, for imprison-
ment for nonpayment of costs or fines, or under final judgment in
case of bastardy, or under the vagrant acts, all insolvents who
shall be imprisoned by any court in said county for nonpayment of
costs and all persons sentenced in said county to the State's Prison
from said county for a term of less than ten years shall be worked
on the highways of the county : Provided, that the board of com-
missioners of the county may arrange with the commissioners of
any neighboring county or counties for such exchange of pris-
oners during alternate months or years as will enable each such
co-operating county to thereby increase the number of prisoners
at work on its highways at any given time; and upon application
of the said road superintendent of the county, or that of the board
of county commissioners, the judge of the Superior Court or judge
of the criminal court, the justice of the peace and the principal
officers of any municipal or any other inferior court, it shall be
the duty of said judge or justice of the peace or said principal
officer to assign such persons convicted in his court to the said
road superintendent for work on the highways of said county ; all
such convicts to be fed, clothed and otherwise cared for at the
expense of the county, out of the road fund : Provided further,
that in case of serious physical disability, certified to by the county
physician, persons convicted in said superior, criminal or inferior
courts may be sentenced to the penitentiary or to the county
jail.
Sec. G. That the convicts sentenced for hard labor shall be
under the control of the county commissioners of said county, and
1909— Chapter 281. 309
said authorities shall have power to enact and enforce all needful
rules and regulations for the successful working of all convicts
upon the highways, and commit to the superintendent or super-
visors the custody of the whole or any part of the convict force ;
and they may authorize and empower him to use such discipline Discipline.
only as may be necessary to carry out the rules and regulations
in the working of the highways to which said convicts may be
put bj' the order of the county commissioners, to the same extent
as is allowed by law to the authorities of the penitentiary in the
custody and control of convicts committed to the State's Prison.
Sec. 7. That for the purpose of equipping and maintaining said Safe-keeping and
convict system the said county commissioners are hereby author- convj^cts^'^*^^ °^
ized and empowered to use the county jail for the safe-kee^Jing of
said convicts, and to build and keep a convict camp or camps for
such purposes, and to provide for the safe-keeping and maintain-
ing of said convicts. The rules and regulations enacted and en- Rules and regu-
forced by the county commissioners must be in accord with the l3:tions.
general rules and regulations governing the use of convicts on
public roads and highways laid down and published by the State
Highway Commission. The prisoners employed in working the Amounts credited
highways who are working out fines and costs shall be allowed so °^ ^'^^^ ^'^^ costs,
much per day as in the opinion of the county commissioners their
services are worth, which amount shall be credited to them on the
account charged against them. The superintendent of health of Medical attention.
the county shall attend the convicts as though they were confined
in the county jail. If the superintendent of health shall be unable
to attend the convicts for any cause, the county commissioners, or
road superintendent if the case be urgent, are hereby authorized
to contract with a physician to attend such convicts.
Sec. S. That the highways to be improved or constructed accord- Higliways
ing to the provisions of this act prior to the inauguration of any f^^^iJ^'^ ^^'^
such permanent improvements on highways to be so improved and
constructed may be first carefully surveyed and located by an
engineer or surveyor, trained and experienced in such work, aided
by the superintendent of roads ; and any person who shall obstruct obstruction of
the surveyor, engineer, road superintendent or other persons in survey a misde-
^ meanor.
making a survey for the changing of a road or the opening of a
new road shall be guilty of a misdemeanor, and upon conviction Punishment,
thereof shall be fined or imprisoned, or both, in the discretion of
the court. All such highways, when changed or hereafter located Grade and drain.
or relocated, shall be given a grade nowhere greater than four
feet in one hundred feet, and shall be thoroughly drained ; and culverts
whenever it may be necessary to turn water across the road, this
shall be done by putting in sewer pipes or other form of drain
or culvert : Provided, that where, in the opinion of an experienced pj-oviso- change
and competent engineer or the superintendent of roads, the grade of grade.
above described is impracticable, it may be increased, in his judg-
ment.
310
1909— Chapter 281.
Top tlressiug.
Width of road.
Limit of macadam
work.
Surveys for re-
locating or
widening roads.
Notice to land-
owners.
Obstructing
survey a misde-
meanor.
Punisltment.
Obstructing
opening of road
a misdemeanor.
Punishment.
Proviso: assess-
ment of damages.
Payment of
damages.
Convicts kept at
work oil high-
ways.
Leading liigh-
ways.
Convict work on
township roads.
Sec. 0. That wherever it is practicable all permanent highways
built hereunder shall have at least four inches, before couipressiou,
of trap or nigger-head rock as a top dressing, and all highways
built hereunder shall be not less than twelve nor more than
sixteen feet wide, except by special order of the board of county
commissioners. No macadam road shall be constructed more than
live miles before work is done on other roads.
Sec. 10. In relocating or widening roads now in use, or in open-
ing new roads, the county commissioners, if highways, or the road
trustees of the proper township, if public roads, may cause a civil
engineer or the superintendent of roads to make a survey of the
proposed change of an old road or the new road to be opened, and
if thef adopt said survey they shall give notice to the owner or
owners of the land that they have adopted said survey or surveys,
and that the same is hereby condennied for the use of the town-
ship or county, as the case may be, for a public road or highway.
Any person who shall obstruct the county superintendent or civil
engineer in making a survey for the changing of a road or the
opening of a new road shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined or imprisoned, or both, in the
discretion of the court; and any person or persons who shall ol)-
struct the township supervisor or a surveyor of highways from
opening said change of road or new road shall be guilty of a mis-
demeanor, and on conviction thereof shall be fined or imprisoned,
or both, in the discretion of the court : Provided, that if any per-
son be aggrieved he may, within three months after said change
of road or new road, highway or new highway has been opened aud
completed, apply to the board of county commissioners, who shall
appoint a jury, to consist of three freeholders, to assess the dam-
ages. The said jury, in determining said damages, shall take into
consideration the benefits made to the property and the damages
sustained by the property, subtract one from the other, aud the
result shall be their verdict. The county shall pay damages for
highways and the township for public roads.
Sec. 11. That the convicts shall be kept constantly at work upon
the highways set apart by the board of county commissioners, un-
der the direction and control of the superintendent of roads and
his assistants, and shall as far as practicable work upon the lead-
ing highways ; and in performing said work the superintendent
shall consider those highways leading to and from the city of
Raleigh as the main and leading highways, as far as practicable.
Sec. 12. That if in the judgment of the comity commissioners
it shall be necessary to put the convict force in a township for the
purpose of grading or improving a township road, it shall be law-
ful for them to do so, provided the work to be done is too exten-
sive to be undertaken by the board of township trustees or the
supervisor or supervisors of said township.
1909— Chapter 281. 311
Sec 13 The countv commissioners may establish or order the Petition for estab-
or-v.. J J. J. in. •i^-jn . -J.- ■ , lislinient of high-
layiug out of any highway upon the petition, m writing, signeil ^ay.
by at least ten citizens : and if it appears to the board that every
person over whose laud the said highway may pass shall have had
twenty days" notice of the intention to file such petition, the same
shall be filed in the office of the clerk of the board until the suc-
ceeding meeting of the board, and notice thereof posted duriug the Notice to be
same period at the courthouse door, at which meeting the board posted,
shall hear all the allegations set forth in the petition ; and if suffi- Action of board,
cient reason be shown, the board shall establish or order the lay-
ing out of. or discontinuing of. or alter said road or highway, as
the case may be.
Sec. 14. In all applications provided for in the preceding section costs on appli-
the county commissioners may direct how and by whom the cost
shall be paid, and any person may appeal to the Superior Court at Appeals,
term time : and if any person shall appeal from the board on such
petition, he shall give bond to the opposing party, as provided in Bond on appeal.
other cases of appea] ; and the Superior Court at term time shall Trial on appeal.
hear the whole matter anew, and the parties to said proceeding
shall be entitled to have every issue of fact joined in said procee<l-
ing tried in the Superior Court in term time, by jury, and from Appeal to Su-
the judgment of the Superior Court either party may appeal to P'"«''"^ ^ourt.
the Supreme Court, as is provided in other cases of appeal.
Sec. 15. When a bridge shall be necessary and the road trustees Bridges built by
of the township cannot conveniently build it out of the township county,
funds, the county commissioners, being satisfied that such is the
fact, shall contract for the building, keeping and repairing thereof^
and the same shall be a charge on the county.
Sec. 10. It shall be the duty of every corporation or person who. private drains
for the purpose of draining his land, or any other purpose what- i)''™y^o™owner.
ever, shall construct any ditch, drain or canal across a higliwa.\-
or public road, to keep at his or their own expense in good and
suliicient repair all bridges that are or may Ije erected, in whol<-
or in part, on said highways or public roads, and shall construct
and keep in repair the approaches to said bridges acceptalde to the
suiiervisors of the distri<-t or the superintendent of roads. Any Failure to dis-
person or persons or corporations who shall fail to perform the ;'''i"|n,eaIior'!
duties imposed on him or them by this section, having been warned
by the supervisor or superintendent leaving written notice at his
residence or the residence of his agent, or having been notified ver-
bally and failed to perform said duties acceptable to the super
visor, shall be guilty of a misdemeanor and be fined not less than Punisiun.ut.
twenty-five dollars, and each three days such failure is continued Additional
shall be an additional offense against the i)rovisions of this se<-- "'^^"'"'•
tion. and the money so collected shall be paid to the road fund for Money to use of
the use of the highways or the roads of the township where the ''"'^' •
offense was committed.
312
1909— Chapter 281.
Bridges and cross-
ings to be kept up
by corporations.
Failure a mis-
demeanor.
Punishment.
Election of road
trustees.
Term of office.
Election of suc-
cessors.
Proviso: to serve
without pay.
Boards of trustees
incorporated.
Meetings of
trustees.
Record of pro-
ceedings.
Organization.
Bond of secretary-
treasurer.
Compensation of
secretary-treas-
urer.
Corporate powers.
Trustees exempt
from road duty.
Duty.
Reports
Roads within one
township.
Sec. 17. All railrontl, turnpike and other incorporated companies
each shall keep up at their own expense all bridges on or over
highways, public roads and roads not public or used as neighbor-
hood roads, and all crossings which they have severally made it
necessary to be built or made in establishing their respective roads,
and on the failure to do so shall be guilty of a misdemeanor and
fined at the discretion of the Superior Court, and shall forfeit and
pay twenty-five dollars for each tea days he or they shall fail to
perform the duties imposed by this section.
Sec. 18. That it shall be the duty of the board of county com-
missioners, at its regular meeting in March, one thousand nine
hundred and nine, to proceed to elect for each and every township
in Wake County a board of road trustees for said township,
which shall be composed of three citizens of said township and
resident therein, which said board of road trustees shall hold
office for two years and until their successors are appointed and
qualified, and biennially thereafter the Board of County Commis-
sioners for Wake County shall appoint their successors : Provided,
that said trustees shall receive no pay for their services as such.
That said boards of road trustees in the various townships be and
they are hereby created a body politic and vested with all such
corporate powers and authority as may be necessary for the ac-
complishment of the pui'poses of this act.
Sec. 19. The road trustees shall meet at some place in their
respective townships, to be agreed upon by themselves or, in the
absence of such agreement, to be named by their chairman, on the
first Monday in May and November and at such other times as a
majority of them may deem advisable. They shall keep a record
of their proceedings, and shall, annually, at their May or subse-
quent meeting, elect one of their number chairman, and may also
elect one of their number or some other suitable person secretary-
treasurer, and require a bond of such secretary-treasurer, payable
to the State of North Carolina in trust for said township, with
security, to be approved by them, conditional for the faithful dis-
charge of the duties of said office, and may provide for his com-
pensation. They shall have the right to sue and be sued, plead
and be impleaded in any of the courts of this State, and to recom-
mend to the county commissioners the tax for road purposes to be
levied in said township, as hereinafter provided. The board of
road trustees shall be exempt from all labor on the public roads
required in their township, and it shall be the duty of the road
trustees to examine into the condition of the public roads of their
respective townships at least twice in each and every year, and make
a report on the condition of said public roads and present a copy
of said report at the May and November meetings of the county
commissioners.
Sec. 20. The board of road trustees shall have the right to lay
out, alter or discontinue public roads that are wholly within their
1909— Chapter 281. 313
townships ; and the county commissioners shall have the right to lioads within two
lay out, alter or discontinue public roads that extend into two or ships*"^^ to^n-
more townships: Provided further, that the right of way of all proviso: right of
public roads shall be forty feet wide, and the supervisors, with the ^'^y-
approval of the road trustees, shall determine how much of said
right of way shall be used for road purposes.
Sec. 5i. That each and every person who shall neglect or refuse Neglect of duty
to perform the several duties enjoined by this act shall be guilty ^ misdemeanor,
of a misdemeanor, and upon conviction thereof shall be fined or Punishment,
imprisoned, or both, in the discretion of the court.
Sec. 22. That the road trustees of the several townships of Road districts.
Wake County shall, on the first Monday of May next, or within
four weeks thereafter, divide their respective townships into suita-
ble road districts, and annually thereafter make such alterations
therein as they may deem proper, and cause a brief description
thereof to be made to the board of county commissioners, and also piat of road
furnish each superintendent with a plat of his road district. The ^'j^^^^^'^J^- ^^ gj._
road trustees of each township, at their May meeting and annu- visors,
ally thereafter shall elect one supervisor for each road district.
The supervisors so elected shall take an oath faithfully and im- Supervisors to
partially to discharge the duties of said office, and the road trus- Bonds^of super-
tees may require a bond of such supervisors, payable to the State visors.
of North Carolina, in trust for said township, in such sum as they
may determine, with security, to be approved by them, conditioned
for the faithful discharge of the duties of said office.
Sec. 23. And when a vacancy shall occur in the office of super- vacancies.
visor, by death, resignation or otherwise, the road trustees of said
township wherein such vacancy occurs shall appoint some suitable
person to fill such vacancy. The person so appointed shall, before
entering upon the duties of his office, take an oath to faithfully
and impartially discharge the duties of his office, and shall be
under the same restrictions and penalties as was his predecessor.
Sec. 24. That it shall be the duty of each and every supervisor Duties of super-
and the superintendent of roads to open or cause to be opened all i^ntende"!! q"^^^'
such public roads which shall have been or may hereafter be laid roads.
out and established in his road district ; the same to keep in re-
pair and remove or cause to be removed all obstructions that may
from time to time be found thereon, for which purpose the super- Entry on lands
visor and superintendent of roads are hereby authorized to enter '°'^ material.
upon any lands not encumbered by crops near or adjoining such
roads, to cut and carry away timber, except trees or groves on im-
proved lands planted or left for ornament or shade; to dig or
cause to be dug and carried away any gravel, sand, clay or stone
which may be necessary to make, improve or repair said road ; and Entry for drains
to enter on any lands adjoining or lying near the road, to make °^ ^ ^ ^^'
such drains or ditches through the same as they may deem neces-
.sary for the benefit of the roads, doing as little injury to said
314
1909— Chapter 281.
Penalty for ob-
structing drains
or ditches.
Injury to lands a
misdemeanor.
Persons subject to
road duty.
Road duty.
Proviso; com-
mutation.
Proviso: reduc-
tion of road duty.
Proviso: separate
squads.
Sheriff to furnish
lists of delinquent
polls.
Delinquents
warned for
work.
Proviso: payment
in lieu of work.
Separate sciuads.
Locality of work.
Failure to appear
and work a mis-
demeanor.
lands aiKl improvements thereon and timlier as tlie natnre of the
case and the public sood will permit; and the drains or ditches so
made shall be conducted to the nearest \vater course, ditch or
drain, and shall be kept open by the supervisors, and shall not be
obstructed liy the owner or occupier of such land or any person or
persons having the same in charge, under the penalty of forfeiting
a sum not exceeding ten dollars for each and every otfense. to
be collected by the supervisors and jiaid over by him to the
road trustees and applied to the road fund of said township;
and if the supervisor shall willfully injure any cultivated or im-
proved lands by failure to conduct said drains and ditches to the
nearest waterway, ditch or drain, and keep said drains and ditches
in repair, he shall be guilty of a misdemeanor.
Sec. 25. That all able-bodied male persons and all male persons
able to perform the labor herein required, between the ages of
twenty-one and forty-five years, except residents of incorporated
cities and towns, shall be liable annually to do and perform not
more than six days' labor on the iniblic roads, under the direction
of the supervisor of the road district In which he shall reside :
ProridccL that if any person, being warned as hereinafter pro-
vided, shall jiay to the supervisor in whose district he may reside
the sum of one dollar for each day's labor required by this act,
the same shall be received in lieu of each day's labor, and shall be
applied by the supervisor receiving the same to the improvement
of the roads of the district and accounted for as hereinafter pro-
vided : Provided further, that the road trustees of each township
may reduce the six days' labor to any less number of days or not
enforce the labor on the roads provided for in this section : Pro-
vided, whites and blacks shall be worked in separate squads.
Sec. 26. It shall be the duty of the sheriff of the county to fur-
nish in July of each year a list of all persons who have not paid
their poll tax for the preceding year by said time to the board of
road trustees of the seA-eral townships, who shall cause all such
persons to be warned for work upon the public roads at such
time and place as they may see fit, and give to such at least three
days' notice by leaving written notice at the home or place of resi-
dence, specifying the time and place when such work is to l)e per-
formed : Provided, that any person may in lieu of such work pay
to the sheriff of the county, before the day on which he is .sum-
moned to work, his poll tax and costs incurred. Any person sum-
moned to work the roads shall not be worked with convicts, and
whites and blacks shall be worked in separate squads. No person
shall be worked on the roads more than five miles from his place
of residence.
Sec 27. That any person liable to road duty as above provided,
who shall, after being notified, fail to appear and work as required,
or shall fail to perform reasonably good labor, shall be guilty of a
1909— Chapter 281. 315
misdemeanoi-, and upon conviction shall be fined not less than two Pnnisimicni.
dollars nor more tban ten dollars, or sentenced to work on the
public roads of the county not more than ten days.
Sec. 2S. Tbat it shall be the duty of any supervisor to order out Supervisor to
, ■ -, u. £ ^ ■ -I \ J. ii^4.T e order out hands.
every such person resident as aforesaid between the first day of
March and the first day of December, annually, to do and per-
form the work aforesaid on the public roads within the district ;
and if any such resident, being personally warned by such super- Forfeit for fail-
visor or by leaving a written notice at his u.sual abode, shall refuse work.
or neglect, having had at least two days' notice, to attend himself
or to send an able-bodied substitute acceptable to the supervisor,
or, having attended, shall refuse to obey the directions of the su-
pervisor, or if he shall spend the time in idleness or inattention to
the duties assigned him, every such delinquent shall forfeit and
pay the sum of one dollar for every such offense, and shall further
be liable in all cases of nonattendance to the amount of labor re-
quired l)y the road trustees in such township, to be recovered in
an action before any justice of the peace of the proper township,
at the suit of the supervisor within whose district he may reside,
and shall also be guilty of a misdemeanor and fined not exceeding Jlisdemeanor.
five dollars or imprisoned not exceeding five days ; and the money Punishment,
so collected shall be applied by the said supervisors to the improve-
ment of the roads in his district, and accounted for by him at the
annual settlement with the road trustees : Provided, that no per- Proviso: per.son.s
son" shall be released from the performance of the labor on the failure of warn-
public roads by reason of the neglect of any supervisor to order •""■
oxit such person on or before the first day of December, as herein
provided.
Sec. 2n. That in case any person shall remove from any district Removal from
to another, who has prior to such removal performed the whole
or any part of the amount of labor aforesaid, or in any way lias
paid the whole or any part of the amount aforesaid in lieii of such
labor, shall produce a certificate of the same, signed by the super-
vi.'^or of the proper district. Such certificate shall be a comjilete
discharge of the amounts therein specified.
Sec. 30. That anv person called upon to perforin anv of the Persons warned
to appear.
laiior upon the public roads under any provision of this act shall
l»y himself or substitute appear at the place appointed by the su-
pervisor at the hour of seven o'clock in the forenoon, with such Tools and instru-
necessary tools and instruments as the .supervisor may direct : and Teams and ma-
the supervisor may, if neces-sary for the iiiiprovement of the road, ^I'l'iery.
order any person owning the same to furnisli a team of horses.
mules or oxen, wagon, cart, plow or scraper, to be einjiloycd or
used on the road under the direction of the supervisor.
Sec. 81. That for the purpose provided for in the preceding sec- Residence defined.
tion of this act the residence of any person who has a family shall
be held to be where his fainilv resides, and the residence of anv
316
1909— Chapter 281.
Collection of fines,
forfeitures and
penalties.
Moneys expended
for roads.
Accounts and re-
turns of super-
visors.
Accounts rendered
at annual settle-
ment.
Orders made by
trustees.
Moneys to be paid
over.
Executions on
judgments.
Post and guide-
boards.
other person shall be held to be where he boards in any road dis-
trict in Waive County.
Sec. ;i2. That the several supervisors within their respective dis-
tricts shall collect, by suit or otherwise, all fines, forfeitures and
penalties arising or accruing under the provisions of this act,
unless the question thereof is otherwise herein provided for, and
thej!- are hereby authorized and required, before their settlement
with the road trustees, to prosecute to final judgment all such per-
sons neglecting or refusing to comply with the provisions of
this act, from whom such fines, forfeitures or penalties can be col-
lected ; and said judgment, if not paid, together with the costs
therein, shall remain and be in force against the judgment debtor.
Sec. 33. That the several supervisors shall expend all moneys
by them collected for the benefit of the roads in their respective
districts, and every supervisor is hereby required to account to
the road trustees at the annual settlement for all mouej^s ex-
pended under this act, and they shall also return a full and true
list and statement of the names of all persons within their re-
spective districts who have been ordered out to perform the days'
labor as required by this act, and also those who have refused or
neglected to perform the same ; and all fines and forfeitures sued
for and recovered under the provisions of this act shall be paid
over, on demand of the justice of the peace or constable collecting
the same, to the supervisor of such road district wherein such
fines and forfeitures accrued. And the several supervisors shall
also render an account to the road trustees, at the annual settle-
ment, of all the moneys that remain in their hands at the time
of the settlement ; also all judgments that remain unpaid, and
the name of the judgment debtor and the justice of the peace
before whom such judgment was obtained, with the amount
thereof; and the road trustees shall make such order as to the
prosecution of the suits by the road supervisors of the proper
districts against such delinquents as in the judgment of the trustees
the interests of the township may require.
Sec. 34. That all moneys that remain in the hands of any
supervisor at the time of the annual settlement with the road
trustees shall be paid over to his successor in office as soon as
such successor shall be elected and qualified, taking a receipt
therefor, and deposit such receipt with the road trustees. It shall
be lawful for any road supervisor to sue out executions on any
judgment that remains unpaid within his proper district at any
time when in his opinion the same can be collected, and the money
so received and collected shall be expended as provided in the
foregoing sections.
Sec 35. That each supervisor within his district shall erect and
keep up at the expense of the township at the forks or cross of
public roads a post and guideboard, or "finger-board," containing
1909— Chaptek 281. 317
an inscription, in legible letters, directing the way and distance to
the town or towns or other public place or places situated on each
road, respectively. The post and guideboard, or "finger-board."
aforesaid, shall be furnished to the supervisor by the board of
road trustees of the proper township. The county commissioners Mileposts.
shall cause to be set up along the highways and principal thorough-
fares of the county substantial mileposts, on which are indicated
the distance from the county seat ; and at important crossings Guideboards.
and forks on said highways or thoroughfares the said commis-
sioners shall cause to be erected guideboards, on which are in-
dicated the principal place or places to which these roads lead,
and the distances to the same.
Sec. 36. That if any person shall willfully demolish, throw Penalty for injury
down, alter or deface any such post or guideboard, every person ° ^"' ^
so offending shall, upon conviction thereof before any justice of
the peace of the proper county, be fined in any sum not exceeding
twenty-five dollars and costs, or imprisoned not exceeding twenty
days, and the money, when collected, shall be by the justice of
the peace collecting the same paid over to the supervisor in whose
district the offense was committed, and by him applied to the
repair of the public roads within his district.
Sec. 37. That the road trustees of the several townships within Tools furnished by
trustees
this county be and they are hereby authorized to furnish plows,
scrapers and other tools for the use of the several road districts
within their township, to be paid out of any moneys in the treas-
ury to the credit of said township for road purposes not other-
wise appropriated. The road trustees shall take a receipt from Receipts for im-
each supervisor for such implements as they may deliver to him, Pi^^n^^ii^s.
showing the number, kind and condition thereof, and such super- Liability of super-
visor shall be liable for any injui'y or damage that may result to^'^"'^®"
such implements or to any of them by improper use thereof or
by unnecessary exposure to the weather during the time same be
in his possession, and he shall on the first Monday in May, an- Annual reports.
nually, report the same to said road trustees. The amount for
which such supervisor may be liable for such improper use or
neglect may be recovered by an action in the name of the road
trustees.
Sec. 38. That the road trustees shall have jurisdiction over Cartways.
cartways, and may order the laying out and discontinuance of
same when in their opinion it ought to be done as a matter of
convenience, irrespective of the location of said cartway : Pro- Proviso: applicant
vided, the applicant for said cartway shall pay the damages as- ^'^ P^^ damages,
sessed, as provided in section seven of this act.
Sec. 39. Any person engaged in hauling or transporting saw Snaking logs a
logs or other timbers on any highways or public roads who shall misdemeanor,
transport or cause to be transported, by means of chains and
grab hooks or other means whereby said logs or timbers are made
318 1009— Chapter 281.
to slide on tbo vondbed by a method known among lumbermen as
Punishmfiit. "snaking" logs, shall be guilty of a misdemeanor, and on convic-
tion shall be fined not exceeding fifty dollars or imprisoned not
less than thirty days.
County roari tax. Sec. 40. That the county commisioners are hereby instructed
Rate. to levy at the June session of their board, anually, for road
purposes a tax of twenty-five cents on the one hundred dollars'
worth of property and seventy-five cents on the poll, and the
chairman of the county commissioners shall place the same on the
tax list of the current year, to be included and collected in the an-
Additional town- nual tax; that if the road trustees of any township shall deem
nemlon °'^ '^^^ additional tax for use on the roads of that township neces-
sary, and shall present to the board of commissioners a petition,
signed by a majority of the qualified voters of said township,
asking that an additional special tax for road purposes be levied,
the county commissioners shall at their next regular meeting in
Rate. June levy in said township such additional special tax, not to
exceed thirty cents on the one hundred dollars' valuation of prop-
erty and ninety cents on the poll ; said tax to be levied and col-
Use only in lected as other taxes, and shall be used only on the roads in that
Pemfon'^for elec- township, under the direction of the board of road trustees. And
tion on levy of in case the road trustees in any township shall desire that an
special township
tax or bond issue, election shall be called in said township upon the question of levy-
ing an additional special tax for road purposes in that township,
or upon the question of issuing bonds for the construction of
permanent roads, and shall present to the board of county com-
missioners a petition, signed by one-fourth of the qualified voters
Election to be therein, the board of county commissioners shall call such election
ifaw'governing ^'^ accordance with the wishes of said petitioners, and the same
election. shall be held under the same rules and regulations, as nearly as
may be, as herein provided in sections fifty-one to fifty-seven of
Bond issue if this act, inclusive. In the event that said bonds are voted, the
^°^'"''- Board of County Commissioners of Wake County shall cause the
bonds of said township to be issued, signed, sealed and sold in
the same manner as herein provided, when the bonds of the county
Proviso; interest, shall be voted: Provided, said bonds shall not bear more than
Special tax for ti'^'G I'^i" t'^nt interest. And they shall annually levy in said town-
ins'^fund^" ' ^'"'^ '^^"'' '^ ^'"^^ ^" provide for the payment of interest on said bonds
and the creation of a sinlving fund to meet said bonds at their
Style of l)onds. maturity; said bonds to be styled " Township road bonds,"
inserting the name of the proper township.
Labor in discharge ^EC. 41. Any person charged with any township road tax may
of road tax. discharge the same with labor on the public roads within the dis-
trict, where the same is charged within the time designated in this
Rate allowed. iic't. at the rate of one dollar per day, and a ratable allowance
for any team, implements and material furnished by any person
under the direction of the supervisor of each district shall be
1909— Chapter 281. 319
made, and the said supervisor sliall iiive to such persou a certiticate
si)ecifyius the amount of tax so paid and the district aud townsliip
wherein sucli labor was performed, which certificate shall in no
case be given for any greater sum than the tax charged against
such person, and the county treasurer shall receive all such certifi- Certifitates in
cates as money in the discharge of said tax. All road taxes c.l- xax^s^assessed^by
lected bv the sheriff or tax collector shall be paid over to the township paid to
secretary-treas-
secretary-treasurer of the proper township, if requested : Provided, urer.
this section shall apply only to the taxes assessed by the township
trustees. The road trustees, in determining the division of this Division of fund,
fund, shall be governed, not by the miles of road in each district,
but by the necessities of roads, the conveniences of getting material
and the quantity of material necessary to make substantial repairs,
and thus make a just and equitable division of the said fund be-
tween the several districts.
Sec. 42. That any supervisor may contract with any person Contracts for
owing labor or taxes for road purposes to go over the emergency
•^ ^ ^ repairs.
road in his district, or any part thereof, after heavy rains, and
repair the same ; and if such contractor finds the damage greater Hands warned for
than he can repair he shall be allowed reasonable compensation emergency work,
for notifying the supervisor, who is hereby authorized and directed
to order out any person owing days' labor, without giving
the two days' notice to do and perform the work on the public
roads needing repair ; and he is further authorized and directed Teams and
to order any person owning the same to furnish a team of horses, ^"^^ ements.
nuiles or oxen and wagon, cart, plow or scraper, to be employed
and used on the roads, under the direction of the supervisor.
Sec. 43. That each and every supervisor who shall neglect or Penalties on
refuse to perform the several duties enjoined on him by this act, negfectTr^mal"-
or who shall under an.y pretense whatever give or sign any receipt feasance.
or certificate for labor performed or money paid, unless the labor
shall hiive been performed or money paid prior to the giving or
signing of such receipt or certificate, shall forfeit for every such
offense not less than ten dollars nor more than fifty dollars, to be
recovered by an action before any justice of the peace in the
proper township, and it is hereby made the duty of the road
trustees to iM'osecute all offenses against the provisions of this sec-
tion.
Sk( . 44. That each and every supervisor who shall cut and take Certificates for
any timber, stone, clay, sand or gravel for the purpose of making. ™^^®"^ ■
improving or repairing any road, or building or repairing any
bridire or crossway within his district, shall, on demand of the
owners of the land, their agent or agents, or the guardian of any
ward, or the executor or administrator having the lands in charge,
from which timber, stone, gravel or other n)aterial was taken as
aforesaid, shall give a certificate showing the (pmntity of such
timber, stone, gravel or other material, with the value thereof.
320
1909— Chapter 281.
Presentation and
payment of certi-
ficates.
Pay of super-
visors.
Removal of ob-
structions.
Certificates for
work.
Lists of persons
liable for road tax.
Railroad company
obstructing
drains.
Penalty.
Recovery.
respectively, and the time and purposes for whicli tlie same was
talveu.
Sec. 45. Tliat any person or persons who shall receive a certifi-
cate, as provided for in the foregoing section, shall present the
same to the board of trustees of the proper township at any regular
session of said trustees within twelve months after the taking or
carrying away of such timber, stone, gravel or other material,
and the trustees, being satisfied that the amount aforesaid is just
and equitable, shall pay same out of the township fund ; but if not
so satisfied, they shall determine what sum in their opinion would
be just.
Sec. 46. That each supervisor shall receive for his services not
exceeding two dollars per day, to be determined by the board of
road trustees of the proper township, tot the time actually em-
ployed on the roads, deducting the commutation of the days of
labor required in such township.
Sec. 47. That at any time during the year when any public roads
shall be obstructed it shall be the duty of the supervisor of the
district in which the same may be forthwith to cause such ob-
structions to be moved, for which purpose he shall immediately
order out such number of persons liable to do road work or pay
tax upon the public roads of his district as he may deem necessary
to remove said obstruction. If any person or persons thus called
out shall have performed their daj's' labor upon the public roads
or paid their road tax, the supervisor shall give to such person
or persons a certificate for the amount of labor performed, and
said certificate shall apply on the labor or tax that may be due
from such person or persons for the ensuing year.
Sec. 48. The supervisor shall furnish the chairman of the county
commissioners of Wake County, on or before the first Monday of
June, a true and correct list of all persons liable for road tax
in their respective districts. The names of all persons on the
general tax list not reported by the supervisor shall, with the tax
due by each, be transmitted by the chairman of the county com-
missioners to the chairman of the board of road trustees, to be by
him transmitted to the supervisor of the proper district.
Sec. 49. It shall be unlawful for any railroad company to ob-
struct the drainage of any public road or highway by its roadbed
or otherwise, or empty the water from its ditches into any public
road or highway ; and if any railroad, being warned by the superin-
tendent of roads by leaving a written notice with any station agent
of any railroad company, personally, shall refuse or neglect to
remedy the same to the acceptance of the superinteiident of roads
or supervisor, it shall forfeit and pay a sum not exceeding fifty
dollars nor less than twenty dollars, to be recovered at the suit
of the superintendent of roads or supervisor before any justice
of the peace in the county; and every five days such railroad com-
1909— Chapter 281. 321
pany. after beiug notified, shall neglect or refuse to remedy such Additional
offense shall be deemed an additional offense against the pro- ° ^"*^'
visions of this act. The money so collected shall be paid to the Penalty to use of
roads.
county or township treasurer for the use of the roads or highways.
as the case may be.
Sec. 50. If any person or corporation, or any conductor of any Forfeit for ob-
,.. ,, , .J, -ij ,1, structing roads.
train, or other agent or servant of any railroad company shall
unnecessarily obstruct any public road or highway by permitting
any railroad car or locomotive to remain upon or across any
public road or highway for a longer period than five minutes, or
shall permit any timber, wood or other obstruction to remain upon
or across any such road or highway, to the hindrance or incon-
venience of travelers or any person passing along the same, every
person or corporation so offending shall forfeit and pay a sum not
exceeding twenty-five dollars nor less than five dollars, to be Recovery.
recovered at the suit of the superintendent of roads for the use
of the road fund ; and every twenty-four hours such person or Additional
off6nsG
corporation, after being notified, shall suffer such obstruction,
hindrance or inconvenience upon such public road or highway
shall be deemed an additional offense against the provisions of
this act.
Sec. 51. That the Board of Commissioners of Wake County be Question of bond
and they are hereby authorized and empowered to submit to the mitted to voters of
vote of the qualified voters of Wake County, at such time as in county.
their discretion they may deem best, the question, "Shall Wake
County, North Carolina, issue three hundred thousand dollars of
its bonds, with interest coupons attached, for repairing, making
and improving the public roads of said county?" Said board of Notice of election.
county commissioners shall, for at least thirty days preceding such
election, give public notice of said election and purpose thereof by
publication in one or more newspapers published in said county :
ProviderJ, that if a ma.iority of said qualified voters of said county Proviso: succes-
shall not vote to issue said bonds at the election so held, the said ^'^^ elections.
board of county commissioners may submit the said question to the
(jualified voters at any other time or times, under the same rules
and I'egulations as are hereinafter provided.
Sec. 52. That said election shall be held and conducted in the Law governing
same manner as is now in force or may hereafter be prescribed ^^^'^^'O'^-
by law for holding elections for members of the General Assembly:
Provided, however, that said board of county commissioners may Proviso: registrars
appoint registrars of election and judges of election and any other eiection.^^** °
election officers; and registration of and challenge of voters shall Registration.
be conducted in the same manner as is now provided for the elec-
tion of members of the General Assembly or may hereafter be
provided, and said county commissioners may or mav not order a New registration.
. ^ ^. „ . , , ^. nil X 1- II i_ i. 1 , Count and return
new registration for said election. The vote shall be counted at of vote.
Pub.— 21
322
1909— Chapter 281.
Ballots;
County commis-
sioners.
Denomination of
bonds.
Interest.
Matiiril,y.
Autlientication.
Bonds turned
over to treasurer.
Sale of bonds.
Limit of sale
in one year.
Seal affixed on
sale of bonds.
Bonds not to be
sold below par.
Specific appropri-
ation.
the close of the polls, and returnecl to the said hoard of county
commissioners on the Thursday next following the election; and
said board of county conmiissioners shall tabulate and declare the
result of the election; all of which shall be recorded in the minutes
of the board of county commissioners, and no other recording and.
declaration of the result of said election shall be necessary.
Sec. 53. 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 electors who
favor the issue of the said bonds shall vote "For Good Roads."
All qualified electors opposed to the issue of said bonds shall vote
"Against Good Roads."
Sec. 54. In the event that the requisite majority of (lualiUed
electors of said county shall vote "For Good Roads" at said elec-
tion, and the result shall be declared and recorded as aforesaid,
the Board of County Commissioners of Wake County shall have
prepared bonds in denomination not exceeding one thousand dollars
and not less than five hufidred dollars, the total amount to be
three hundred thousand dollars; and the said bonds shall bear
a rate of interest not exceeding five per cent per annum, with the
interest coupons attached, payable seraiaimually on the first days
of January and July during the time of their running, and the
principal thereof shall be payable or redeemable at such time or
times, not exceeding thirty years from the Issuance, as the said
board of county commissioners may determine. The said bonds
and coupons shall be signed by the chairman of the board of county
commissioners and countersigned by the clerk of said board, and
said bonds shall have upon them the seal of the county. The said
bonds shall be styled "Wake County road bonds."
Sec. 55. Immediately upon the preparation and signing of said
bonds the said board of county commissioners shall turn over to
the Treasurer of Wake County all of said bonds, without the
county seal having been affixed thereto, who shall, upon request
of the chairman of the board of county commissioners, sell such
of said bonds at such time or times as the board of county com-
missioners shall deem best, not to exceed seventy-five thousand dol-
lars in any one year. Upon the sale of said bonds the chairman
of the board of county commissioners shall apply to the custodian
of the seal of the county, whose duty it shall be to affix said county
seal to the bond or bonds so sold, and no bond shall be of any value
until said seal is so affixed.
Sec. 56. That none of the bonds authorized by this act shall be
disposed of, by sale, exchange or otherwise, for less than their face
value, nor shall said bonds or other proceeds be used for any other
purpose than as declared by this act. When said bonds are issued
they shall be numbered consecutively, and the coupons attached and
is.sued with them shall bear the number of the bonds to which they
1909— Chapter 281. 323
are attached. The bonds and coupons shall be receivable for all Bonds and cou-
. , ^ 1 , ,, xi ■ i- 1 pons receivable
county and special taxes, and shall so express upon their tace, and tor taxes.
shall state on their face when they are due and where payable, and
said bonds shall show by what authority thej^ are issued. The Record of pro-
board of county commissioners shall record all their proceedings in hmul"^^ ^^ ^°
respect to said bonds in the minutes of their meetings ; and when
any of the same are sold, the number of the bonds, their denomina-
tion, to whom sold and the number of coupons attached must be
recorded in said minutes.
Si:c. 57. When any of said bonds are sold the proceeds of such Funds kept
sale shall be turned over to the Treasurer of Wake County, who '"'^'^ '^
shall keep said funds, and all other funds provided for in this act
which may come Into his hands, separate from all other funds, and
he shall keep separate account of same; and said treasurer, before Bond of treasurer.
any funds provided for in this act shall be paid over to him, shall
execute an official bond, payable to the State of North Carolina, in
the usual manner, equal to the greatest amount which may at any
time come into his hands by reason of this act, conditioned for his
faithful safe-keeping of the same and rendering a due account in
respect thereto, and in all things holding, dispensing and accounting
for the same, as is required by law. which bond shall be passed
upon and accepted and received by the Board of Commissioners
of Wake County ; and all orders directed to said treasurer for the Orders for road
l)ayment of money under this act shall state on their face that they
are upon the road fund, and shall be signed by the chairman and
the clerk of the board of county commissioners : Provided, that the Proviso: cost of
costs of giving the treasurer's bond provided for in this section ^
shall be paid out of the road fund.
Sec. oS. When said bonds have been issued the Board of Com- Payment of
£ TIT 1 /-I i 1 11 1 1 i- J.1 J J. interest and crea-
missioners of Wake County shall apply so much ot the road tax tion of sinking
hereinbefore provided to be levied for road purposes as may be f^"*^'-
necessary to provide for the payment of Interest upon the same
and to create a sinking fund sufficient to meet the payment of said
bonds at their maturity, which tax shall not exceed fifteen cents Limit of tax.
on the hundred dollars' worth of property and forty-five cents on
the poll. The tax so levied shall be collected as other taxes, and collection and
a sufficient portion of the same shall be kept by the treasurer of the applii'ation of tax.
boai'd of county commissioners as a separate fund, and applied
first to the payment of interest on said bonds, and next to the
creation of a sinking fund, as aforesaid. It shall be the duty of the investment of
Treasurer of Wake County to keep said sinking fund invested in ^'"'''"^ ^""^'■
some perfectly safe securities or bonds. Said commissioner of the Bond of commis-
sinking fund may be re<iuired to execute such bond as the board fj^'jf" °^ ■'""'^"'"
of county commissioners may determine, conditioned for the safe-
keeping of said funds and the faithful performance of his duties
as sinking-fund commissioner. lie shall report to the Board of Reports.
324
1909— Chapter 281.
Apportionment
to townships.
Reduction of tax
if bonds are voted
Statements to be
published.
Compensation of
treasurer and
commissioner of
singeing fund.
Limit of com-
pensation of
treasurer.
Application of
law.
Laws repealed.
When act
effective.
Commissioners of Wake County, annually, on the first Monday of
December, showing the amount of said funds and such other things
as may be required by the board of commissioners of said county.
Sec. 59. That in case said bonds shall be voted, as herein pro-
vided, the commissioners shall equitably apportion the proceeds of
the road tax levied each year by them among the various townships,
after first paying the interest on the bonds and such sum as may
be due the sinking fund.
Sec. 60. That if the majority of the qualified voters of Wake
County shall vote "For Good Roads" and the said bonds shall be
issued, it shall be the duty of the Board of Commissioners for
Wake County to reduce the tax levied in section thirty-eight, of
twenty-five cents on the one hundred dollars valuation of property,
to fifteen cents on the one hundred dollars valuation of property.
Sec. 61. In case of the sale of any bonds under the provisions
of this act, it shall be the duty of the county commissioners to pub-
lish annually in some newspaper published iu Wake County a duly
itemized and verified statement of all receipts and disbursements.
Sec 62. The Board of County Commissioners for Wake County
is hereby given discretionary power to fix the amount of commis-
sions to be paid the commissioner of the sinking fund and the
treasurer for his services performed in receiving and disursing
the moneys arising from the sale of these bonds ; but in the event
of a bond issue the commissions of the Ti*easurer of Wake County
shall be fixed by the county commissioners, and in no event shall
the sum total received by him in any one year for all receipts and
disbursements of the proceeds of said bonds exceed the sum of five
hundred dollars.
Sec. 63. That this act shall apply only to Wake County.
Sec. 64. That chapter seven hundred and ninety-two. Public
Laws of one thousand nine hundred and five ; chapter five hundred
and fifty-one. Public Laws of one thousand nine hundred and three :
chapter two hundred and thirty-three. Public Laws of one thousand
nine hundred and three, as relates to Wake County ; chapter six
hundred and sixty-seven. Public Laws of one thousand nine hun-
dred and five, and chapter three hundred and sixty-five. Public
Laws of one thousand nine hundred and seven, and other laws and
parts of laws in conflict with this act, are hereby repealed.
Sec. 65. That this act shall take effect and be in force from and
after the first day of March, one thousand nine hundred and nine.
Ratified this the 22d day of February. A. D. 1909.
1909— Chapter 282. 325
CHAPTER 282.
AN ACT TO AUTHORIZE CERTAIN TOWNSHIPS IN BLADEN
COUNTY TO ISSUE PUBLIC-IMPROVEMENT BONDS.
Whereas the townships of Hollow, Bethel aucl Elizabethtown, in Preamble.
Bladen County, North Carolina, have no railroad facilities; and
whereas the inhabitants of said townships are desirous of provid-
ing railroad facilities for said townships, for the better develop-
ment and improvement of the same : now, therefore.
The General AssemNy of North CaroJina do enact:
Section 1. That all that territory now embraced in the town- District estab-
ships of Hollow, Bethel and Elizabethtown, in the county of Bladen, ported."
State of North Carolina, as the lines of said townships are now
established, shall be and is hereby created a body politic and corpo-
rate, for the purposes hereinafter mentioned, to be known as the Corporate name.
"West Bladen Public Improvement District," and in that name corporate powers,
shall perform all of the acts necessary and proper for the carrying
out of the provisions of this act, as hereinafter set out.
Sec. 2. That for the purposes of this act the said West Bladen powers vested in
Public Improvement District is hereby vested with full power to district,
donate money, bonds or other securities, or subscribe to the capital
stock of any railroad company, and to assume the contract of in-
debtedness for the payment of said donation or subscription, and
shall have generally all the powers necessary and convenient to
carry out the provisions of this act, and shall have all the rights
and be entitled to all the privileges in respect to any of the rights
and liabilities which may grow out of the provisions of this act.
The Board of County Commissioners of Bladen County are hereby corporate agents,
declared to be the corporate agents of the said West Bladen Public
Improvement District, so incorporated for the purpose of making
a donation or subscription to the capital stock, issuing the bonds
and providing for the levying and collecting of taxes on property
and polls to pay the principal and interest of said bonds and to
provide a sinking fund, as hereinafter mentioned; and the said
Board of County Commissioners of Bladen County shall have full
authority to act as said corporate agents.
Sec. 3. That for the purpose of aiding and encouraging the con- Donation to rail-
struction of a permanent railroad through the territory herciube- ^°fthorized^"^
fore referred to, said railroad to begin at Fayetteville, in the county
of Cumberland, North Carolina, or at St. Paul's, in the county of
Robeson, North Carolina, or at some point between Fayetteville and
St. Paul's, as aforesaid, said point to be more specifically designated
in the notice gf election herein provided for, and extending through
the townships of Hollow, Bethel and Elizabethtown, in Bladen
County, North Carolina, to the town of Elizabethtown, in said
county, the said West Bladen Public Improvement District may
326
1909— Chapter 282.
Presentation of
petition.
Vote at general
election.
Proposition to be
submitted.
Election to be
ordered.
Question to be
submitted.
Ballots.
Law governing
election.
Notice of election,
Voting places.
Returns.
Contract if do-
nation is voted.
donate a sum or sums of moue5', bonds, securities or other property,
or may subscribe to the capital stocli of any raih-oad company
which may contract to construct said railroad, either in money,
bonds, securities or other property, in the following manner : Upon
the presentation of a petition in writing, signed by not less than
ten per cent of tlie registered voters, as shown by the registration
books of the townships of Hollow, Bethel and Elizabethtown, in
Bladen County, for the general election in November, one thousand
nine hundred and eight, to the Board of Commissioners of Bladen
County, requesting them to submit to the qualified voters of the
territory embraced within the said district hereinbefore mentioned
a proposition to donate or to subscribe a definite sum, to be named
in said petition, and whether in money, bonds or otherwise, and
if bonds, for what length of time they shall run, the Board of
Commissioners of Bladen County shall within twenty days order
an election to be held within the territory embraced within the said
district, as hereinbefore set out, for the purpose of submitting to the
qualified A'oters therein the question of a donation to any railroad
company or of subscription to the capital stock of any railroad
company which shall contract to build said railroad, as hereinbefore
mentioned, the amount specified in. the petition, at which election
all qualified voters who are in favor of such donation or subscrip-
tion shall vote a ballot on which shall be written or printed the
words "For Donation" or "For Subscription," as the case may be.
and those opposed to such donation or subscription shall vote a
ballot on which shall be written or printed the words "Against
Donation" or "Against Subscription," as the case may be ; and the
election for this purpose shall be conducted in the same manner
and subject to the same rules and regulations as is now provided
by law for election of members of the General Assembly. Such
election shall be held after thirty days' notice thereof, specifying
the amount of the proposed donation or subscription ; and if the
same is to be made in bonds, the terms of the said bonds as to rate
of interest and time of payment shall have been posted at the
courthouse door in Bladen County and at the regular polling places
in Hollow, Bethel and Elizabethtown townships, in said county,
and the said election shall be held at the regular voting places now
provided by law in the said townships, and all of the qualified
voters in each of said townships shall vote at the respective voting
places in said townships, and the returns of the said election shall
be made in duplicate to the Board of County Commissioners of
Bladen and to the County Board of Elections of Bladen County.
If a majority of the qualified voters within said territory shall vote
"For Donation" or "For Subscription," then the Board of Commis-
sioners of Bladen County shall, at any regular meeting or at a
special meeting, enter into a contract with the railroad company
which may propose to constritct said railroad, and shall make the
1909— Chapter 282. 327
donation or subscription to said railroad company as authorized
by said election: and the said Board of County Commissioners of Execution, issue
„ , ,, ,, . -, ^ ^, J.- ■ , and delivery of
Bladen County shall thereupon provide for the execution, issue and bonds.
delivery of the coupon bonds in the name of the said West Bladen
Public Improvement District, to the amount of said donation or
subscription, in order to pay the same, and the bonds upon their
face shall indicate the name of the district, county and State for
which they are issued. Said bonds shall be in the denomination Denominations.
of not less than five hundred and not more than one thousand
dollars, and each shall run for such number of years and bear Maturity and
such rate of interest, not exceeding the rate prescribed by law, as
the petition and order of election shall indicate. The said bonds Authentication.
shall be signed by the chairman of the board of county commis-
sioners, attested by the clerk of said board and witnessed by the
official seal of Bladen County. That in order to ascertain who New registration.
shall be entitled to vote in said election there shall be an entirely
new registration of the voters in the territory embraced in said
West Bladen Public Improvement District ; and for the purpose of Appointment of
providing for said new registration and appointing registrars and judges^of election.
judges of election for the same, the County Board of Elections of
Bladen County, as now constituted, is hereby authorized and
directed to meet, upon the call of the chairman, at the courthouse
in Elizabethtown, North Carolina, within ten days after being noti-
fied by the clerk of the board of county commissioners that said
election has been ordered ; and the said county board of elections
at said meeting shall order a new registration in the townships
of Hollow, Bethel and Elizabethtown, and shall appoint registrars
and judges in. each of the said townships for the purpose of hold-
ing the election here provided for, and shall furnish the said Registration and
registrars with registration and poll books, ballot boxes and all ballot boxes.
other necessary means for the holding of the said election. It Registration.
shall be the duty of the registrar in each of the said townships,
between the hours of nine o'clock A. M. and sunset of each day
(Sundays excepted), for twenty days preceding the second Satur-
day before such election, to keep open said books for the registra-
tion of any electors residing within his township and entitled to
registration. The said books shall be closed for registration at
sunset on the second Saturday before said election. On each Sat-
urday during the period of the registration th(> registrar shall at-
tend with his registration book at the polling place of his township
for the registration of voters. Each registrar, before entering Registrars to be
upon the discharge of his duties, shall take an oath before a justice "''^^'°'""-
of the peace or some other person authorized to administer oaths
that he will support the Constitution of the United States and the
Constitution of North Carolina, not inconsistent therewith, and
that he will honestly and impartially discharge the duties of
registrar and honestly and fairly conduct such election. Im- Returns,
mediately after the election the registrars and judges of election
328
1909— Chapter 282.
Law governing
election.
Canvass of
returns.
Tax for interest
and sinking fund.
Proviso: constitu-
tional equation.
Collection and
payment of taxes.
Specific appropri-
ation.
Liability of
officers.
Accounts of
sinking fund.
Investments of
sinking fund.
shall make their returns iu duplicate, and shall deliver one to the
Clerk of the Superior Court of Bladen County and shall deposit the
other, together with the registration books, with the Register of
Deeds of Bladen County. Except as is herein otherwise provided,
the said election shall be conducted according to the rules and
regulations now provided for the election of members of the Gen-
eral Assembly. The Board of Commissioners of Bladen County
shall canvass said election returns and declare the result thereof,
and record the same in the minutes of the board of commissioners
of said county of Bladen.
Sec. 4. The Board of County Commissioners of Bladen County
shall, in order to provide for the payment of the bonds and inter-
est thereon, to be issued under the provisions of this act, compute
and levy each year, at the regular time for levying taxes for State
and county purposes, a sufficient tax on all taxable property and
polls within the territory embraced in the said West Bladen Pub-
lic Improvement District, as herein provided, to pay the interest
on the bonds issued on account of the said West Bladen Public
Improvement District, and shall also levy a sufficient tax to create
a sinking fund to provide for the payment of the said bonds at
maturity : Provided, that in levying the said taxes they shall ob-
serve the equation between property and polls, as prescribed by
the Constitution of the State of North Carolina ; that the taxes
levied as above provided shall be annually collected as other taxes,
and shall be paid by the collecting officer of Bladen County to the
Treasurer of Bladen County, and the taxes levied and collected for
this purpose shall be kept separate and distinct from all other
taxes and shall be used for the puiposes for which they are levied,
and for no other ; that the sheriff or other officer in charge of the
collection of said taxes, and the treasurer who shall hold and dis-
burse the same, shall in respect thereto be liable officially as well
as personally, as provided by the law governing their respective
offices.
Sec. 5. That in order to provide for the safe-keeping and invest-
ing of the funds arising from the taxes levied under this act, the
Treasurer of Bladen County shall open upon his books as county
treasurer an account to be designated the "West Bladen Public
Improvement District sinking fund," and all amounts received by
said treasurer from the taxes levied hereunder which may not be
necessary for the payment of the accrued and accruing interest
on said bonds shall be credited to the said sinking-fund account,
and there kept separate and distinct from all other funds for the
purpose of paying the principal of said bonds at maturity. The
sinking fund shall be invested by the Treasurer of Bladen County
as may be directed by the Board of Commissioners of Bladen
County : Provided, that whenever practicable the sinking fund
shall be invested in the purchase of the identical bonds issued un-
der this act.
1909— Chapter 282. 329
Sec. 6. That after tbe railroad provided for in this act is cou- Railroad taxes
structed and the property thereof is assessed for taxation by the and sinking-fund!
lawful authorities, the Board of County Commissioners of Bladen
County shall set apart from all other county tax all the taxes paid
each year as county taxes by the railroad company owning the
said railroad on their property lying and being in the territory em-
braced in the district hereinbefore created, and the sum so paid
each year on the said railroad property in said district shall be
paid over to the County Treasurer of Bladen County by the sheriff
or other officer collecting said taxes, and by the said treasurer
kept separate and distinct from all other county taxes, and the
same shall be expended by the Board of Commissioners of Bladen
County exclusively in the payment of the interest which shall
accrue upon the bonds issued under the terms of this act by the
said West Bladen Public Improvement District, so far as the said
taxes may be necessary to pay said interest, and after the pay-
ment of the interest, then towards the redemption of the principal
of said bonds issued to aid in the construction of said railroad ;
and if, after paying the interest accruing upon said bonds, there Investment of
shall be a surplus of said taxes, the same shall be invested by the ^"^^ "^'
Treasurer of Bladen County, under the direction of the board of
commissioners of said county, as a sinking fund for the redemp-
tion of the principal of said bonds at maturity ; the intent of this
act being that the special taxes levietl upon all the property and
polls in the said district, as herein provided, shall be supplemented
by all the general county taxes levied and collected on the specific
railroad property in aid of which bonds are to be issued as pro-
vided herein, and that the county taxes to be paid on the specific
railroad property to be constructed under the terms of this act in
the territory issuing said bonds in aid of said railroad shall not be
used by the county as a part of the general county funds until the
said territory shall have been reimbursed by said county taxes
upon said railroad for the principal and interest of the bonds
issued hereunder; said reimbursement to be expended, after the
payment of said bonds and interest, in the improvement of the
roads, bridges and public schools in said district hereby created :
Provided, that if said district shall receive stock in said railroad Proviso: stock of
for any bonds issued under the provisions of this act, said stock tor donation.
.shall be sold within five years from the date of the issuing of said
bonds by the Board of Commissioners of Bladen County at public
auction, for cash, at the courthouse door in Bladen County, after
due advertisement of said sale, as now required by law in sales
of real estate under execution, and the proceeds from the sale of
said stock shall thereupon be paid over to the Treasurer of Bladen
County and shall thereby become a part of said "West Bladen Pub-
lic Improvement District Sinking fund" : and the amount thereof
shall be applied as a credit upon the bonded debt hereby created
in exoneration, profanto, of the general county taxes upon the
specific railroad property, as hereinbefore provided.
330
1909— Chapter 282—283.
Railroad taxes
after payment of
bonds.
Accounts kept by
county treasurer.
Liability of
officers.
Elections in otlier
townships.
Sec. 7. That whenever the bonded debt, principal and interest,
of said district created by this act, contracted for the aid of the
railroad provided herein, shall have been paid by the general
county taxes on the specific railroad property within said district,
and the said district shall have been fully reimbursed out of said
county taxes for the amount paid on account of said bonds and
interest, then this act shall be and become inoperative, and all
such general county taxes levied upon and collected from said
specific railroad property shall thereafter be paid into the general
county funds of Bladen County and expended by the board of com-
missioners or other corporate authorities as other general county
taxes.
Sec. 8. That in order to carry into effect the provisions of this
act the county treasurer shall keep a true and perfect account of
all of the said taxes collected, from what source collected, the
amount of interest and principal, and interest received and dis-
bursed, and all other information which may be necessaiy for the
due compliance of the provisions of this act. The sheriff or other
tax collector and the Treasurer of Bladen County collecting or re-
ceiving or disbursing any of the said taxes shall be liable on their
official bonds, in the same manner as they are liable for other
county taxes, for the faithful and honest performance of the duties
imposed by this act.
Sec. 9. That any other township or townships in said county of
Bladen, upon petition of not less than ten per cent of the qualified
voters in said townships, may hold an election under the provisions
of this act, said election to be ordered by the county commissioners
of Bladen County for the purpose of voting on issuing bonds in a
specific amount for the purpose of aiding in the construction of
the railroad, herein provided for, through said townships.
Sec. 10. That all laws and clauses of laws in confiict with the
provisions of this act are hereby repealed.
Sec. 11. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 22d day of Fel)ruavy, A. D. 1909.
CHAPTER 283.
AN ACT TO FACILITATE THE RELEASE OF MORTGAGES
AND DEEDS OF TRUST.
The General Assemhhf of North Carolina do enact:
Personal repre- SECTION 1. That the personal representative of any mortgagee
powen^^ ^^^ ^" or trustee in any mortgage or deed of trust which has heretofore
or which mav hereafter be registered in the manner required by
1909— Chaptee 283—284. ^^^^
the laws of this State may discharge and release the same and all
property thereby conveyed by deed of quitclaim, release or convey-
ance executed, acknowledged and recorded as is now Prescribed by
law for the execution, acknowledgment and registration of deeds
'^'^Sr?'SS^ri:^nn mortgages or deeds in trust l^eretofore ^s^ctu^s^e.-
marked "Satisfied" on the records wherein same are recorded by validated.
any president, secretary, treasurer or cashier of any such corpora-
tion bv such officer writing his own name and affixing thereto the
title ot his office in such corporation, such satisfaction of such
mortgage or deed in trust is hereby validated, and the same shall
be as efeective to all intents and purposes as if a deed of release
duly executed by such corporation had been made, acknowledgetl
and lecorded: IrovMea, Iw^cever, the proyisions of this section Prov.so: su.s now
shall not apply to any suits now pending in the courts of the State
nor to "ut^ cancellations and releases of deeds in trust and mort- Future releases.
gages which may be cancelled as now provided by law and by sec-
tion tbree bereof.^^ ^^^^^^^^^^^ ^^^^ ^^^^^^^ .^^ ^^^^^ ^^^^^^^^ ^^ ^ ^^^._ ^^ ,^. ,„,,,,.
Sec.
poration may be satisfied and so marked of record, as by law pro-
vided for the satisfaction of mortgages and deeds in trust, by tht.
president, cashier, secretary or treasurer of such corporation sign-
ing the name of such corporation by him as such officer.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 23d day of February. A. D. 1909.
CHAPTER 284.
; AN ACT TO REGULATE STOCK IN STOCK-LAW TERRITORY.
The General Asscml)hj of North Carolina do enact:
Section L That in all territory where the stock law P'^evails Stock c.wn.d^ut-
and is in force it shall be unlawful for any person or persons liv-
ing outside of any stock-law territory to turn in, or in any other
way cause any stock to be turned in, in the inside of said stock-
law territory, any stock, without first obtaining written consent
of all the landowners living inside of said stock-law territory.
SEC. 2. That it shall be unlawful for any mischievous or vicious ^H-hievous^or
stock or animal to run at large, either in the inside of any stock-
law territory or for any such stock or animal to run at large out-
side of any stock-law territory.
SEC ?. That anyone violating the provisions of this act shall he Misdemeanor.
guiUy of a misdemeanor, and upon conviction shall be fined fifty Punishrr,ont.
dollars or imprisoned thirty days.
332
1909— Chaptek 284—285—286.
Laws not re- Sec. 4. That this act shall not repeal any law or clauses of laws
now in force and effect.
Application of>ct. Sec. 5. That this act shall only apply to the counties of Lenoir
and Swain.
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 23d day of February, A. D. 1909.
CHAPTER 285.
AN ACT TO AMEND SECTION 2613 OF THE REVISAL OF 1905,
REGULATING THE OPERATION OF FREIGHT TRAINS ON
SUNDAY.
Solid througli
freight trains.
The General AssemNy of North Carolina do enact:
Section 1. That section two thousand six hundred and thirteen
of the Revisal of one thousand nine hundred and five be amended
as follows : Add after the word "same" and before the word "Pro-
vided," in line eleven of said section, the following: "Provided,
that solid trains, made up of through freight cars, reaching on
Sunday anj' point upon any railroad in North Carolina and des-
tined for some point or points beyond the limits of the State of
North Carolina, may be continued as a solid through freight
train along the line of said railroad through the State of North
Carolina, without stopping said train for other purposes than to
take on fuel and receive necessary running orders.
Sec. 2. This act shall be in full force and effect from and after
its ratification.
Ratified this the 2.3d day of February, A. D. 1909.
CHAPTER 286.
AN ACT TO BUILD BRIDGES IN MADISON COUNTY.
Construction
autliorized.
Location across
Little Ivy.
Big Laurel.
The General Assemhly of North Carolina do enact:
Section 1. That the county commissioners of Madison County
are authorized to construct single-track iron bridges across the fol-
lowing streams, to-wit : One across Little Ivy at the forks or near
the forks, as the commissioners in their judgment may think best ;
shall build and construct said bridge on the road across said Little
Ivy leading from Mars Hill to Asheville, North Carolina.
Sec 2. That the county commissioners of Madison County are
authorized and shall construct a bridge across Big Laurel at or
1909— Chapter 286—287. 333
near the ford known as tbe Horse Shoe, on the road from White
Rock. Madison County, by the way of Walnut to Marshall, Madi-
son County, said bridges to be used by the public as free bridges.
Sec. 3. The county commissioners of Madison County shall levy Tax levy.
a tax of eight and one-third cents on every one hundred dollars' Rate,
worth of taxable property in Madison County for the purpose of
carrying out the provisions of this act, on the first Monday in
Jinie, one thousand nine hundred and nine, and on the first Mon-
day in June, one thousand nine hundred and ten, and annually
thereafter, until said bridges are paid for. Said tax levied shall Specific appropri-
be used to build and construct said bridges, and said funds shall ''''''°"-
not be used for any other purpose.
Sec. 4. That said commissioners shall let out the contract for Bridges let to
building said bridges to the lowest bidder: Provided, that said bid- p^oliso^'co ai-
der be competent as a mechanic to construct or build said bridges petency of builder,
in a manner that will be satisfactory to such persons that the
county commissioners may select, who must be a man or men who
are experienced in bridge building.
Sec. 5. That said commissioners shall build said bridges and Time lor buiidine.
have the same open for the public on or before the first of Novem-
ber, one thousand nine hundred and ten.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2.Sd day of February. A. D. 1909.
CHAPTER 287.
AN ACT TO PROVIDE A METHOD TO CONDEMN LANDS TO
BE USED IN THE OPERATION OF MILLS IN THE COUN-
TIES OF ALLEGHANY, ASHE AND WATAUGA.
The General Assemhiy of North Carolina do enact:
Sectiox 1. That any person owning a public grist or water mill. Power to coiidemii
or proposing to con.struct such mill, and who does not own the
land above the same necessary to con.struct a race, flume or water-
way for the flow of the water to the said mill which may be nec-
essary or essential to produce power capable of properly running
said mill, and who cannot obtain from the owner or owners of said
land the title of said waterway by purchase, may have the same
condemned and acquire title thereto in the manner hereinafter set
forth in this act.
Sec. 2. When any land situate above sucli iiiill may be required Procedure for
by the owner of said mill or mill property for the purpose of eon- ^°'^'^^"'"'''''°"-
structing the race or flume necessary to be used in running the
water to said mill or mill property, and for want of agreement as
to the value thereof, or from any other cause, the same cannot be
334
1909— Chapter 287,
Proviso: lands not
subject to con-
demnation.
Proviso; no en-
trance upon lands
before payment.
Pieport registered.
Relief refused.
Surveyor.
Fay of jury of
view and sur-
veyor.
Application of act.
purchased from the owner thereof, the same may be taken at a
valuation of three disinterested freeholders, or a majority of them,
to be appointed by the clerk of the Superior Court of the county
where some part of the land is situate. In making said valuation
said commissioners shall take into consideration the loss or dam-
age which may occur to the owner or owners thereof in conse-
quence of the land being surrendered. Ten days' notice must be
given to the owner of the land before such petition is heard and
acted upon. Said commissioners shall go upon the land proposed
to be taken for said mill race or flume and determine the amoiuit
of land necessary for the flow and use of said water in race or
flume, and place a valuation thereon and make a report to said
clerk showing the land condemned for the purpose aforesaid, and
a plat and description thereof, and fix a value thereon and report
the same to the said clerk, who shall confirm the said report, if
there be no exception filed thereto by any person who may own
the land upon which said race or flume is laid out : Provided, that
no yard, garden, orchard or burial ground shall be condemned for
said purpose. Said landowner may file exceptions thereto, sub.iect
to the rules and restrictions in such cases, and with the right of
appeal by either party as the same exists in cases of petitions for
public roads under the general road law of the State : Provided
further, that no person shall enter upon the land so condemned
until he shall have paid the costs adjudged against him in the pro-
ceeding and the dama.ges assessed by the commissioners herein
provided for. If the owner refuses to receive payment, the pay-
ment may be made to the clerk for the owner's benefit.
Sec. 3. A copy of the report of the commissioners, duly certified
by said clerk, after the proceeding is terminated, with the descrip-
tion and plat of the land condemned, may be registered in the office
of the register of deeds of the county where the land is situate,
and shall vest title in the owner of the mill.
Sec. 4. That if said commissioners or the court, on appeal, shall
find that said mill is not needed by the public, or that the damage
to the owner of the land sought to be condemned is too great, they
shall have a right to refuse the relief asked for.
Sec. 5. Said commissioners, in the discharge of their duties, may
employ a surveyor (if one of them is not a surveyor) to aid them
in the discharge of their duties, and he and said commissioners
shall each be allowed two dollars per day for the time they are
engaged in their duties in any proceeding, which costs shall be
taxed and paid as other costs are paid in the proceeding.
Sec. G. That this act shall apply to the counties of Alleghany,
Ashe and Watauga only.
Sec. 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2?,d day of February, A. D. 1909.
1909— Chapter 288. 335
CHAPTER 288.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF HAR-
NETT COUNTY TO ISSUE BONDS FOR THE PURPOSE OF
BUILDING BRIDGES IN SAID COUNTY, AND FOR OTHER
PURPOSES.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of erecting two steel bridges Purposes of bond
across Cape Fear River, in Harnett County, located near the town '^*"^-
of Lillington and the village of Duke, respectively, and for the
purposes of building and grading approaches leading to each of
said bridges, and for the purpose of reimbursing said county for
moneys already ex]iended by it for said purpose, and for the pur-
pose of defraying the expenses of reclaiming the material of two
steel bridges belonging to said county which were wrecked and
destroyed by floods in the Cape Fear River, and for the purpose
of reimbursing the county for such expenditures as it has already
made in this behalf, and for the purpose of repairing and rebuild-
ing other bridges in said county injured or destroyed by floods in
the streams of said county during the year one thousand nine hun-
dred and eight, and for the purpose of reimbursing said county for
expenses necessarily incurred bj' it in equipping, maintaining and
operating two public ferries across the Cape Fear River in lieu of
the two steel bridges destroyed by floods in said river, pending the
rebuilding of said bridges, and generally for the purpose of reim-
bursing said county for all necessary expenses incurred by said
county on account of floods in the streams of said county during
the year one thousand nine hundred and eight, and for the further
purpose of enlarging and equipping a home and farm for the sup-
port of the indigent poor of said county, the Board of Commis- Bond issue
sioners of Harnett County are hereby authorized and empowered ^^''^orized.
to issue bonds to an amount not to exceed forty thousand dollars, Amount.
with coupons attached, calling for interest, payable annually or interest.
semiannually, at a rate not to exceed six per centum per annum,
said coupons to be due and payable, if annually, on the first day
of January, and if semiannually, on July first and January first in
<'ach year. Said bonds shall be in denominations of not less than Denominations.
one hundred nor more than one thousand dollars, and shall be
dated as of the first day of January, one thousand nine hundred
and nine, and shall be due and payable at a date or dates to be Maturity.
fixed by the board of commissioners, not later than thirtj'' years
after date — that is to say (not later than) on the first day of Jan-
uary, one thousand nine hundred and thirty-nine.
Sec. 2. That said bonds shall not be sold or exchanged at a less Bonds not to be
sum and rate than their par value; and the interest couiwns f i-ojj, ^o^'i t)elow par.
and after maturity shall be received in payment of aiiv and all Coupons receiv-
. .Li • ■. . , , •■ . , . , . " iible for county
taxes or other indebtedness due the said county. taxes.
k
336
1909— Chapter 288.
Authentication.
Record of bonds.
Books open for
inspection.
Refusal a misde-
meanor.
Punishment.
Registered bonds.
Misapplication of
funds a misde-
meanor.
Punishment.
Responsibility of
purchasers of
bonds.
Special tax for
interest and sink-
ing fund.
Rate.
Sec. 3. Said boucls shall be signed by the chairman of the board
of commissioners and countersigned by the clerk of said board,
and shall have the seal of said county affixed thereto, and the in-
terest coupons shall be signed by a lithographed facsimile of the
signature of said chairman. The said clerk of the board shall
keep a book suitable for the purpose, in which he shall keep an
accurate account of the number of bonds issued, the amount of
each bond and the name of the person to Avhom sold : he shall also
keep an* accurate account of the coupons and bonds which shall be
paid, taken or otherwise cancelled, so by an iiTspection of said
book the true state of the bonded debt herein provided for may be
seen and easily ascertained. Said book shall at all times be open
to the inspection of any taxpayer in the county, and any clerk of
the board, county officer or other person having custody of said
book who shall refuse to afford such inspection shall be guilty of a
misdemeanor, and on conviction thereof shall be fined or impri.«i-
oned in the discretion of the court.
Sec. 4. That the said bonds, at the option of the holder or hold-
ers thereof, shall be registered by the clerk of the board of comity
commissioners of said county, and after such registration shall be
transferable only by endorsement.
Sec. 5. Any officer or employee of the said county who shall
apply the proceeds of any bond or bonds issued under this act, or
exchange any such in any other manner or for any other purpose
than is provided for in this act, shall be deemed guilty of a mis-
demeanor, and upon conviction shall be fined not less than five
hundred dollars or improsoned not less than six months, or both,
in the discretion of the court, bvit the holders of said bonds shall
in no respect be responsible for the application of said funds.
Sec. 6. That the board of county commissioners of the county
of Harnett shall annually levy a special tax upon the property of
the citizens of said county, and upon the polls and upon such prop-
erty of a noni-esident which may he situate in said county and
sub.iect to taxation, to an amount sufficient to provide for the pay-
ment of the interest that may accrue upon said bonds, and in like
manner provide for the payment of the principal of said bonds at
maturity by creating a sinking fund for that purpose, which special
tax shall not exceed fifteen (15) cents on each one hundred dol-
lars valuation of taxable property or forty-five (45) cents on each
taxable poll.
Sec. 7. That all laws and clauses of laws inconsistent with the
jirovisions of this act are hereby repealed.
Sec. S. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2:kl day of February. A. D. 1909.
1909— Chaptek 289. 337
CHAPTER 289.
AX ACT AMENDING THE ROAD LAW FOR McDOWELL
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That any and all final awards of damages to the
owner or owners of land over which any new road may be laid
out and built, or upon which any relocation of any part of any
old road may be laid and built, which exceeds on any one new road
as the total damages for the location thereof and on any change
or changes on any one old road as the total amount thereof the
sum of one hundred dollars, shall be paid by the county of Mc- Awards paid by
Dowell, and that all such awards of one hundred dollars or less ^°"" ^"
shall be paid by or out of the funds apportioned to, as the case Awards paid by
may be, the township in which the road is located.
Sec 2. That .iustices of the peace and regularly ordained and Justices and min-
istGrs GxcrnDt from"
acting ministers of the gospel shall be exempt from work upon the road duty.
public roads of McDowell County.
Sec. 3. That no person shall be exempted by the board of super- Exe^nptions from
, . road duty limited.
visors of any township from woi'k upon the public roads who is
not so seriously maimed as to hinder him from performing usual
manual labor, or who is not visibly otherwise so seriously afflicted
as to hinder him from performing usual manual labor, except upon
the certificate of some regular practicing physician to the effect
that the applicant is so seriously afflicted, stating the name of the
disease with which he is afflicted, as to hinder him from perform-
ing usual manual labor, and that in such cases no exemption shall
be granted for a longer time than twelve months.
Sec. 4. That all overseers of public roads shall be paid one dol- Pay of overseers
, , „ , , . , , , , , , , tor warning hands.
lar from the funds apportioned to the township in which he serves
for every warning of his hands to work upon the public roads :
Provifled, that not more than three warnings in any one vear shall Proviso: not more
than three warn-
be compensated ; and Provided further, that no overseer shall be ings.
paid for any warning of his hands unless he warns every man to be' warned!^*^ ^
assigned to him on his list of hands who at the time of working
resides or has been for ten daj's located or employed in his town-
ship, giving him the warning as re(iuired by law.
Sec. 5. That this act shall apply to the whole of McDowell Application of act.
County, including Marion Township, but shall apply to no other
county : Provided, this act shall not apply to Crooked Creek Town-
ship.
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 23d dav of February, A. D. 1009.
Pub.— 22
338
1909— CHArTER 290—291.
CHAPTER 290.
AN ACT FOR THE BETTER WORKING OF THE PUBLIC
ROADS IN CURRITUCK COUNTY.
Special road dis-
trict declared.
Boundary.
Persons subject
to road duty.
Overseer to warn
hands.
Road duty.
Penalty tor failure
to work.
Warning to road
hands.
TJte General Assembly of 'North Carolina do enact:
Section 1. That for the purpose of building, improving and
maintaining in good order the public roads and highways in a
certain section of Currituck County the following-described ter-
ritory is hereby created a special road district in said county : Be-
ginning at Albemarle, in Chesapeake Canal, at the foot of the pub-
lic road leading to Church's Island, and running in a northerly
direction to the north end of said island ; thence around said island
to Parker's Creek ; thence in a westerly direction to the Albemarle
and Chesapeake Canal, the beginning.
Sec. 2. That all able-bodied men between the ages of sixteen and
fifty years dwelling in said district shall be subject to road
duty in said district. It shall be the duty of the overseer of said
roads in said district to summon all able-bodied men between
the ages of sixteen and fifty years living in said road district
to work upon the said roads at least twelve days in each year,
said work to be done whenever in the judgment of said overseer
it is needed.
Sec. 3. Any person failing to work upon said road as provided
in section two of this act shall be subject to a fine of two dollars
for each day said person fails to work on said road after having
received the notice set out in section four of this act.
Sec. 4. That it shall be the duty of the said overseer to give such
person one day's notice to work upon said road prior to the time
which said work shall begin, and also notify such person what
kind of work tool to bring with him.
Sec. 5. That all laws and clauses of laws, in so far as they con-
flict with this act, are hereby repealed.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 23d day of February, A. D. 1009.
CHAPTER 291.
AN ACT TO ALLOW THE COMMISSIONERS OF IREDELL
COUNTY TO LEVY A SPECIAL TAX TO PAY THE INDEBT-
EDNESS INCURRED IN ERECTING A NEW COUNTY JAIL.
Special tax
authorized.
Rate.
The Oeneral Assemhlp of North Carolina do enact:
Section 1. That the county commissioners of Iredell County be
and they are hereby authorized and empowered to levy a special
tax, not to exceed ten cents on the one hundred dollars valuation
1909— Chapter 291—292—393. 339
of property in said county, for the purpose of paying off any in- Purpose,
debteduess incurred and to be incurred in the erection of a new
county jail.
Sec. 2. That said tax shall be levied for each and every year Years,
hereafter until said debt is paid.
Sec 3. That no part of any funds arising from the tax afore- Specific appropri-
said shall be applied to any other purpose. ation.
Sec 4. This act shall take effect from its ratification.
Ratified this the 23d day of February, A. D. 1909.
I
CHAPTER 292.
AX ACT PERMITTING THE COMMISSIONERS OF RUTHER-
FORD COUNTY TO DONATE LANDS FOR THE PURPOSE
OF ERECTING A CONFEDERATE MONUMENT THEREON.
The General Assembly of North Carolina do enact:
Section 1. That the county commissioners of Rutherford County Donation
be and they are hereby authorized and empowered to donate as ^" °"^® '
much as may be necessary of the courthouse lot in Rutherfordton
for the purpose of erecting a Confederate monument thereon.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2:;d day of February, A. D. 1909.
CHAPTER 293.
AN ACT TO CHANGE THE BOUNDARY LINES OF GLENOLA
SPECIAL-TAX SCHOOL DISTRICT.
The General Assemhly of North Carolina do enact:
Section 1. That the boundary lines of Glenola Special-tax School Boundary lines
District, in Randolph County, be and the same are hereby changed, •^'^^•^s^^-
so as to include the lands of C. F. Coltraine, deceased, now em-
braced within said boundaries, and extended so as to include the
adjoining lands of B. T. Hunt, G. W. Rush, John A. Hill. G. C.
Floyd. Mrs. S. F. Branson and E. F. "Walker.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 23d day of February, A. D. 1909.
340
1909— Chaptee 294 — 295.
CHAPTER 294.
AN ACT TO PREVENT THE SALE OF CERTAIN COMMODI-
TIES AT THE ANNUAL MEETING OF THE LOWER COUN-
TRY LINE PRIMITIVE BAPTIST ASSOCIATION.
Limit of pro-
hibition.
Times of proiiibi-
tion.
Commodities pro-
hibited.
Misdemeanor.
Punishment.
The General AssemWy of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or cor-
poration, except at their regular place of business, to sell or offer
for sale within one and one-half miles of any meeting of the
Lower Country Line Primitive Baptist Association, at any time
during the three days and nights of the meeting, any confec-
tioneries, candies, lemonade. Coca-cola, Pepsi-cola, soda water,
ginger ale or any cold or soft drinks or concoction of any kind
whatsoever, or any cigars, cigarettes or tobacco of any kind. Any
person, firm or corporation so offending shall be guilty of a mis-
demeanor and fined not less than ten nor more than fifty dollars,
or imprisoned not less than ten nor more than thirty days, or both,
at the discretion of the court.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 23d day of February, A. D. 1909.
CHAPTER 295.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF WAKE
COUNTY TO ISSUE BONDS TO PAY AND FUND THE DEBT
OF THE BOARD OF ROAD COMMISSIONERS OF WAKE
COUNTY.
Purpose of issue.
Bond issue
authorized.
Denominations.
Interest.
Date and ma-
turity.
Authentication.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of paying off and funding the
floating debt of the Board of Road Commissioners of Wake County,
caused by the loss of revenues occasioned by the voting out of
the dispensary, the Board of Commissioners of Wake County are
hereby authorized and empowered to issue twenty thousand dollars
in bonds, of not less than five hundred dollars nor more than one
thousand dollars, with coupons attached, calling for interest at the
rate of five per cent per annum on the principal of each bond, said
coupons to be due and payable July first and January first in each
year.
Sec. 2. Said bonds shall be dated as of the first day of January,
one thousand nine hundred and nine, and shall be due twenty years
after date — that is to say, on the first day of January, one thousand
nine hundred and twenty-nine, and shall be signed by the chair-
1909— Chapter 295—296—297. 341
man of the board of commissiouei-s and countersigned by the clerk
of the said board. A record shall be kept in a book suitable for ^^^^'^"['i^f ^^p^^t
the purpose of the issue of the bonds, and the amount of each bond
and the name of the person to whom sold, by the clerk of the
board. He shall also keep an accurate account of the coupons and
bonds which shall be paid, taken or otherwise canceled, so by in-
spection of said book the true state of the bonded debt herein pro-
vided shall be ascertained.
Sec. 3. The bonds or coupons provided for by this act shall Bonds^and cou-
be receivable in payment of all county taxes, which shall be so for county taxes,
expressed on their face.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 23d day of February, A. D. 1909.
CHAPTER 296.
AN ACT TO REGULATE THE CALL OF THE CIVIL
DOCKET IN ROWAN COUNTY.
The General AssemUy of North Carolina do enact:
Section 1. That section one thousand five hundred and six, Re-
visal of one thousand nine hundred and five, chapter twenty-eight,
subhead "Rowan County," be amended by striking out, in lines
four and five, on page four hundred and fifty-three, the words "the CaU^of civil
civil docket not to be called at the May and November terms until
the second week."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 23d day of February, A. D. 1909.
CHAPTER 297.
AN ACT TO AUTHORIZE THE TRUSTEES OF CROSS CREEK
GRADED SCHOOLS TO ISSUE BONDS.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Trustees of Cross Creek Graded Trustees incorpo-
Schools, as established by chapter three hundred and eighty-two
of the I'ublic Laws of one thousand nine hundred and three, shall Corporate powers.
t)e and remain a body corporate under that name, and may adopt
and use a common seal, and the members thereof shall be chosen
in the manner now provided by law. The said corporation shall
be vested with all of the propei'ty, real and personal, choses in
miction, rights in action and other rights, privileges and powers
342
1909— Chapter 297.
Sale of property
authorized.
Power to call in
and pay bonds.
Bond issue
authorized.
Amount.
Denominations.
Interest.
Maturity.
Authentication.
Record of bonds.
Bonds not to be
sold below par.
Not delivered
until paid for.
Bond of treasurer
now owned, held and enjoyed by, and subject to all the duties
and obligations devolving upon the Board of Trustees of Cross
Creek Graded Schools by existing laws. Said board of trustees
shall have the right to sell and couvej' the present school property
known as the "Seminary" building and lot, on Hay Street, in the
city of Fayetteville, and any other real or personal property be-
longing to the public schools in Cross Creek Township, whenever
in their opinion it is advisable and for the promotion of the educa-
tional interests of the children of said township ; and said board
is hereby authorized to call in and pay the present outstanding
issue of bonds, as provided for in said chapter three hundred and
eighty-two of the Public Laws of one thousand nine hundred and
three, out of any funds which may come into their hands, either
from the bond issue hereinafter autliorized or from any other
source, if they deem it for the best interests of said schools.
Sec. 2. That said board of trustees is hereby authorized to issue
coupon bonds in any amount not to exceed the sum of fifty thousand
dollars ($50,000) and in denominations of one hundred dollars
($100) or multiples thereof, bearing interest from date of bonds
at a rate not to exceed five per cent (5%) per annum, payable
semiannually on the first day of January and the first day of
July of each year, at such place as said trustees may designate,
until the said bonds are paid ; that the said bonds shall be payable
at a time and place to be fixed by said trustees and named therein,
not to be less than five nor more than thirty years from date of
issuing. The said bonds and their coupons shall be numbered,
and the bonds shall be signed by the chairman of said board and
countersigned by its secretary, and have the corporate seal of
said board affixed thereto, and the coupons thereto attached shall
be signed by the chairman of said board or by their facsimile
signatures, as may be authorized by them. A record shall be kept
of said bonds, showing the numbers and denominations thereof and
to whom sold, the dates of issuing thereof and when the same shall
mature, and the interest-bearing rate thereof, the amount received
from the sale of the same, and the date of the payment of the
proceeds into the treasury, and such other data in relation to the
same as the board may direct to be kept.
Sec. 3. That the bonds hereby authorized to be issued shall not
be sold for less than their face value, and the said board of trustees
shall not deliver said bonds or any of them to the purchaser thereof
until the purchase money shall be paid to the treasurer of said
board and his receipt to the purchaser produced as evidence of such
payment, and the treasurer of the said board shall receive all
such moneys paid in the purchase of the bonds in his official
capacity as treasurer of said board, and he and the sureties on
his official bond shall be liable to account for and pay over the
same ; and it shall be the duty of the said board of trustees to see
that the bond of said treasurer shall at all times be sufficient in
1909 — Chapter 297.
343
amouut and with satisfactory sureties to ]n-ovicle against any loss
of money arising from the sale of such bonds, and to that end
may at anv time require said treasurer to renew his oificial bond
in such sum and with satisfactory surety as they may require,
and in default thereof to remove him from his office as treasurer.
SEC. 4. That the treasurer of the said board of trustees shall keep APP/^Xof'bonds.
separate from all other moneys coming into his hands the moneys
arisins as proceeds from the sale of said bonds, and the same shall
be expended by the said board in the purchase of land for neces-
sary school sites, in the erection of suitable new buildings, in
furnishing the same with the necessary equipments and furnishings
for the accommodation of the public schools of Cross Creek Town-
ship and for such other school purposes as the trustees may order
the same to be disbursed.
Sec. 5. That the said board of trustees shall have power to fix Compensation of
the compensation of the treasurer for performing the duties con-
ferred upon him by this act.
Sec 6. That it shall be the duty of said board of trustees to sinking fnnd.
provide a sinking fund for the payment of the principal of said
bonds at maturity, as near as may be feasible, and for that purpose
to set apart each year from the taxes collected in or moneys
apportioned to Cross Creek Township for public schools a sum
as nearly sufficient for that purpose as possible.
Sec. 7. That it shall be the duty of said board of trustees to Payment of
provide each year for the payment semiannually of the interest on
said bonds, and for that purpose to set apart each year from
the taxes collected in or moneys apportioned to said Cross Creek
Township for public schools a sum sufficient to pay the same.
Sec. S. The question of issuing of bonds shall be submitted to Qije^tion^toJ)e
the qualified voters of Cross Creek Township at an election to Voters.
be held at such time and place as may be directed by the Board
of Commissioners of Cumberland County, who are required, upon Call ot election.
a request from the Board of Trustees of Cross Creek Graded
Schools, to call the election and provide for holding the same.
Notice of said election shall be .published in some newspaper pub- Notice of election,
lished in the city of Fayetteville thirty days prior thereto, and Law governing
the election shall be held under the rules, regulations and direc-
tions existing for the election of the members of the House of
Representatives and not inconsistent with the provisions of this
act. At said election those who are in favor of issuing the said Ballots,
bonds shall vote a written or printed ballot, without device, with
the words "For School Bonds" upon it, and those opposed to issuing
said bonds shall vote a written or printed ballot, without device,
with the words "Against School Bonds" upon it. The number of Ce^Ji^^^^f^^.^.'i'Jt.
ballots cast for and against said bonds shall be counted and the
result of the said election certified and returned to the Register
of Deeds of Cumberland County, who shall furnish to the chair-
man of said board of trustees a certified copy of said return, under
344
1909— Chapter 297.
Effect of election,
Special tax to be
levied.
Rate.
Collection of tax.
Bond of sheriff.
^Compensation of
sheriff.
Proviso: succes-
sive elections.
Election ordered
on request of
trustees.
New registration.
seal, and also send a like copy of said return to the Secretary
of State, which said secretary shall tile in his office. If at the
election a majority of the qualified voters voting shall vote "For
School Bonds," then the said board of trustees shall proceed at
once to issue and sell said bonds or so many thereof as may be
necessary in the judgment and discretion of said board of trustees
for the purposes aforesaid.
Sec. 9. That if a majority of the qualified voters voting shall
vote at said election in favor of said bonds it shall be the duty
of the Boax'd of Commissioners of Cumberland County and they
are hereby required to levy annually a special tax, not exceeding
ten cents on a one hundred dollars valuation of real and personal
property and other property taxed by the laws of North Carolina
and not to exceed thirty cents upon the poll, to support said
schools, in addition to the special tax of twenty-five cents now au-
thorized and levied on a one hundred dollars of property and
seventy-five cents on the poll, and said tax shall be due and col-
lected annually by the Sheriff of Cumberland County as and at
the time other county taxes are due and collected, and the said
sheriff shall be subject to the same laws governing the collection
and settlement of State and county taxes, and shall be subject to
the same penalties prescribed by the said laws, and shall give a
good and sutficient bond to secure all taxes collected under this
act, said bond to be approved by the county commissioners, and
shall receive as compensation for his services the same fees as al-
lowed by law for the collection of State and county taxes : Pro-
vided, that if the result of said election is not in favor of the
issue of said bonds the board of commissioners, upon petition of
one-third of the qualified voters of said township, shall order a
new election to be held under the same terms, rules and regulations,
said election to take place at any time after one year from the
previous election.
Sec. 10. That upon the request of said board of trustees the
board of county commissioners shall order said election upon the
question of issuing bonds in such amount as may be asked for by
the said board of trustees, not exceeding the said sum of fifty
thousand dollars ($50,000).
Sec. 11. That for the purpose of this act and the holding of
said election or elections the Board of Commissioners of Cumber-
land County shall order and provide for a new registration of
the qualified voters in said township, and no voter shall be deemed
a qualified voter within the meaning of this act except those whose
names are duly registered under the provisions of this act. Said
registration shall be subject to the general laws of the State gov-
erning the registration of voters.
Sec. 12. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 24th day of February, A. D. 1909.
1909— Chapter 298. 345
CHAPTER 298.
AX ACT TO AMEND THE CHARTER OF THE VIRGINIA ANT)
CAROLINA SOUTHERN RAILROAD COMPANY.
The General AssemMij of North Carolina do enact:
Section 1. That chapter two hundred and thirty-three of the
Private Laws of one thousand nine hundred and three, as amended
by chapter two hundred and sixty-nine of the Private Laws of
one thousand nine hundred and seven, be further amended by
adding after the word "act," in the last line of section sixteen of
said chapter two hundred and thirty-three of the Private Laws
of one thousand nine hundred and three, and before the words
and figures "Sec. 17," the following :
"Sec. 16 (a). That all that territory now embraced in the town- District incorpo-
ships of Hollow, Bethel and Elizabethtown, in the county of Bladen, r^'ted.
State of North Carolina, as the lines of the said townships are
now established by law, shall be and the same is hereby created
a body politic and corporate for the purpose of subscribing to the
capital stock of the railroad company created by this act, the Corporate name,
said territory to be named by the corporate name of 'Hollow-Bethel-
Elizabethtown Public Improvement District,' of Bladen County,
State of North Carolina, and in that name shall perform all of the Corporate powers,
acts necessary and proper for the carrying out of the provisions
of this act; that for the purpose of subscribing to the capital
stock of this company the said 'Hollow-Bethel-Elizabethtown Pub- Power to sub-
lie Improvement District' hereby created is hereby vested with railway^compaoy
full power to subscribe money, rights of way, bonds or other se-
curities to the capital stock of said railroad company, and to as-
sume the contract of indebtedness for the payment of said sub-
scription, and shall have generally all the powers necessary and
convenient to carry out the provisions of this act, and shall have
all the rights and be entitled' to all the privileges in respect to
any of the rights and liabilities which may grow out of the pro-
visions of this act. The Board of County Commissioners of Bladen corporate agents.
County are hereby declared to be the corporate agents of the said
'Hollow-Bethel-Elizabethtown Public Improvement District' so in-
corporated for the purpose of making a subscription to the capital
stock, issuing the bonds and providing for the levying and collect-
ing of taxes on property and polls to pay the principal and interest
of said bonds and to provide a sinking fund, as hereinafter men-
tioned ; and the said Boai'd of County Commissioners of Bladen
County shall have the right and authority to represent and vote
any stock of said 'Hollow-Bethel-Elizabethtown Public Improve-
ment District' which may be issued under the provisions of this
act at any stockholders' meeting, or they may appoint an agent or Power to make
proxy therefor ; that for the purpose of aiding and encouraging the '
346
1909— Chapter 298.
Petition for
election.
County commis-
sioners to order
election.
Ballots
Law governing
election.
Notice of election
Voting places.
Returns of
election.
Duty of county
commissioners if
subscription is
voted.
construction of a branch of said railroad from some point on its
main line in the county of Robeson or the county of Cumberland,
through the townships of Hollow, Bethel and Elizabethtown, in
Bladen County, to the town of Blizabethtown, in Bladen County,
the said 'Hollow-Bethel-Elizabethtown Public Improvement Dis-
trict' may subscribe a sum of money, bonds, securities or other
propei-ty to the capital stock of said railroad company which may
contract to construct said railroad, either in money, bonds, se-
curities or other property, in the following manner : Upon the
presentation of a petition in Avriting, signed by not less than ten
per cent of the registered voters as shown by the registration books
of the townships of Hollow, Bethel and Elizabethtown, in Bladen
County, for the general election in November, one thousand nine
hundred and eight, to the Board of Commissioners of Bladen
County, requesting them to submit to the qualified voters of the
territory embraced within the said district hereinbefore mentioned
a proposition to subscribe a definite sum, to be named in said
petition, and whether in money, bonds or otherwise, the Board of
Commissioners of Blad'en County shall within twenty days order
an election to be held within the territory embraced in the said
district, as hereinbefore set out, for the purpose of submitting to
the qualified voters therein the question of a subscription to the
capital stock of said railroad company which shall contract to
build said railroad as hereinbefore mentioned, the amount specified
in the petition, at which election all qualified voters who are in
favor of such subscription shall vote a ballot on which shall be
written or printed the words 'For Subscription,' and those opposed
to such subscription shall vote a ballot on which shall be written
or printed the words 'Against Subscription' ; and the election for
this purpose shall be conducted in the same manner and subject to
the same rules and regulations as is now provided by law for the
election of members of the General Assembly, Such election shall
be held after thirty days' notice thereof, specifying the amount of
the proposed subscription, and if the same is to be made in bonds,
the terms of the said bonds as to rate of interest and time of pay-
ment, shall have been posted at the courthouse door of Bladen
County and at the regular polling places in Hollow, Bethel and
Elizabethtown townships, in said county, and the said election
shall be held at the regular voting places now provided by law in
the said townships of Hollow, Bethel and Elizabethtown, and all
the qualified voters in each of the said townships shall vote at the
respective voting places in said townships, and the returns of the
said election shall be made in duplicate to the Board of Commis-
sioners of Bladen County and to the County Board of Elections of
Bladen County. If a majority of the qualified voters within the
said territory shall vote 'For Subscription,' tlaen the Board of Com-
missioners of Bladen County shall, at any regular meeting or at a
1909— Chapter 298. 347
special meeting called for that purpose, enter into a contract with
the railroad company which proposes to construct said railroad,
and shall make the subscription to said railroad company, as
authorized by said election ; and the said Board of Commissioners Bond issue
of Bladen County shall thereupon provide for the execution, issue authorized.
and delivery of the coupon bonds in the name of the said 'Hollow-
Bethel-Elizabethtown Public Improvement District' to the amount
of said subscription, in order to pay the same, and the bonds upon
their face shall indicate the name of the district, county and State
for which they are issued. They shall be in the denomination of Deiiominatious.
not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000), and each shall run for such number of Maturity.
years and bear such rate of interest, not exceeding the rate pre- interest.
scribed by law, as the petition and order of election shall indicate.
The said bonds shall be signed by the chairman of the board of Autlientication.
county commissioners, attested by the clerk of the said board and
witnessed by the official seal of Bladen County; that in order to New registration.
ascertain who shall be entitled to vote at said election there shall
be an entirely new registration of the voters in the territory em-
braced in said 'Hollow-Bethel-Elizabethtown Public Improvement
District,' and for the purpose of providing for said new regis tra- Appointment of
tion and appointing registrars and judges of elections for the same judges^^^ ^^
the County Board of Elections of Bladen County, as noAV constituted,
is hereby authorized and directed to meet upon the call of the chair-
man at the courthouse in Elizabethtown, North Carolina, within ten
days after being notified by the clerk of the board of commissioners
that said election had been ordered, and the said county board of
elections at said meeting shall order a new registration in the
townships of Hollow, Bethel and Elizabethtown, and shall appoint
registrars and poll holders in each of the said townships for the
purpose of holding the election herein provided for, and shall fur- Registration
uish the said registrars with registration books, ballot boxes and boxes.
such other necessary means for the holding of the said election. It Registration.
shall be the duty of the registrar in each of the said townships of
Hollow, Bethel and Elizabethtown, between the hours of nine
o'clock A. M. and sunset of each day, Sundays excepted, for twenty
days preceding the second Saturday before such election, to keep
open said books for the registration of any electors residing within
his township and entitled to registration. The said books shall bo
closed for registration at sunset on the second Saturday before
the said election. On each Saturday during tlie period of tlie regis-
tration the registrar shall attend with his registration book at the
polling place of his township for the registration of voters. Each Registrars to be
registrar, before entering upon the discharge of his duties, shall ^*°'""-
take an oath before a justice of the peace or some other person
authorized to administer oaths that he will support the Constitu-
tion of the United States and the Constitution of North Carolina,
348
1909— Chapter 298.
Returns.
Canvass of re-
turns.
Special tax for
bonds and in-
terest.
Sinking fund.
Constitutional
equation.
Collection of
taxes.
Specific appropri-
ation.
Liability of
officers.
Accounts to be
opened.
Amounts credited
to sinking fund.
uot inconsistent therewith, and that he will honestly and impar-
tially discharge the duties of registrar and honestly and fairly con-
duct such election. Immediately after the election the registrars
and judges of election shall make their returns in duplicate, and
shall deliver one to the Clerk of the Superior Court of Bladen
County and shall deposit the other, together with the registration
books, with the Register of Deeds of Bladen County. Except as is
herein otherwise provided, the said election shall be conducted
according to the rules and regulations now provided by law for the
election of members of the General Assembly. The Board of Com-
missioners of Bladen County shall canvass said election returns
and declare the result thereof and record the same in the minutes
of the board of commissioners.
"Sec. IG (b). The Board of County Commissioners of Bladen
County shall, in order to provide for the payment of the bonds
and interest thereon to be issued under the provisions of this act,
compute and levy each year, at the regular time of levying taxes
for State and county purposes, a sufficient tax upon all taxable
property and polls within the territory embraced in said 'Hollow-
Bethel-Elizabethtown Public Improvement District' as herein pro-
vided, to pay the interest on the bonds issued on account of the
said 'Hollow-Bethel-Elizabethtown Public Improvement District,'
and shall also levy a sufficient tax to create a sinking fund to pro-
vide for the payment of said bonds at maturity : Provided, in
levying the said taxes they shall observe the equation between
property and polls prescribed by the Constitution of the State of
North Carolina ; that the taxes levied as above provided shall be
annually collected as other taxes and shall be paid by the collect-
ing officers of Bladen County to the Treasurer of Bladen County,
and the taxes levied and collected for this purpose shall be kept
separate and distinct from all other taxes and shall be used for
the purposes for which they are levied, and for no other ; that the
sheriff or other officer in charge of the collecting of the said taxes,
and the treasurer who shall hold and disburse the same, shall in
respect thereto be liable officially as well as pei"sonally to all the
requirements of law now or hereafter provided for the faithful
collection and payment of other county taxes, and the bonds given
by said officers for the collection and accounting of other county
taxes shall include taxes levied hereunder.
"Sec. 16 (c). That in order to provide for the safe-keeping and
investing of the funds arising from the taxes levied under this
act the Treasurer of Bladen County shall open upon his books as
county treasurer an account, to be designated as 'Hollow-Bethel-
Elizabethtown Public Improvement District sinking fund,' and all
amounts received by said treasurer from the taxes levied here-
under which may not be necessary for the payment of the accrued
and accruing interest on said bonds shall be credited to the said
1909— Chapter 298. 349
siuking-fund account and there kept separate and distinct from all
other funds for the purpose of paying the principal of said bonds
at maturity. The sinking fund shall be invested by the treasurer investments of
as may be directed by the Board of Commissioners of Bladen ^^" ^'"^
County : Provided, that whenever practicable the sinking fund Proviso: pre-
shall be invested in the purchase of the identical bonds issued
under this act, at a price not exceeding the par value thereof.
"Sec. 16 (d). That after the said railroad provided for in this Railroad taxes
act is constructed and the property thereof is assessed for taxa- ^^° •=■
tion by the lawful authorities, the Board of Commissioners of
Bladen County are hereby authorized aud directed to set apart
from all other county taxes all the taxes paid each year as county
taxes by the railroad company owning the said railroad on their
property lying and being in the territory embraced in the district
hereinbefore created, and the sums so paid each year on the said
railroad property in said district shall be paid over to the County
Treasurer of Bladen County by the sheriff or other officer collect-
ing said taxes, and by the said treasurer kept separate and dis-
tinct from all other county taxes, and the same shall be expended
by the Board of Commissioners of Bladen County exclusively in
the payment of the interest which shall acciaie upon the bonds
issued under the terms of this act by said 'Hollow-Bethel-Eliza-
bethtown Public Improvement District,' so far as the said taxes
may be necessary to pay said interest, and after the payment of
the interest, then toward the redemption of the principal of said
bonds issued to aid in the construction of the said railroad ; and
if after paying the interest accruing upon said bonds there shall
be a surplus of said taxes, the same shall be invested by the
Treasurer of Bladen County, under the direction of the board of
commissioners of the said county, as a sinliing fund for the re-
demption of the principal of said bonds at maturity ; the intent of
this act being that the special taxes levied upon all property and
polls in the said district, as herein provided, shall be supplemented
by all general county taxes levied and collected upon the specific
railroad property in aid of which bonds are to be issued as pro-
vided herein, and that the county taxes to be paid on the specific
railroad property to be constructed under the terms of this act in
the territory issuing said bonds in aid of said railroad shall not
be used by the county as a part of the general county funds until
the said territory shall have been reimbursed by said county taxes
upon said railroad for the principal and interest of the bonds
issued hereunder, said reimbursement to be expended after the
payment of said bonds and interest in the improvement of the
roads, bridges and public schools in snid district hereby created:
Provided, that if said district shall receive stock in said railroad Proviso: sale of
for any bonds issued under the provisions of this act, said stock '**°^^-
shall be sold within five years from the date of the issuing of said
350
1909— Chapter 298.
Railroad tax after
payment of bonds.
Accounts to be
kept by county
treasurer.
Liability of
officers.
Effect of act.
bouds by the Board of Commissioners of Bladen County at public
auction, for cash, at the courthouse door in Bladen County, after
the advertisement of said sale as now required by law in sales of
real estate under execution, and the proceeds from the sale of said
stock shall thereupon be paid over to the Treasurer of Bladen
County and shall thereby become a part of said 'IIollow-Bethel-
Elizabethtown Public Improvement District sinking fund,' and the
amount thereof shall be applied as a credit upon the bonded debt
hereby created in exoneration, pro tanto, of the general county
taxes upon the specific railroad property as hereinbefore provided.
"Sec. 16 (e). That whenever the bonded debt, principal and in-
terest of the district created by this act which shall be constructed
for the aid of the said railroad shall have been paid and the said
district shall have been fully reimbursed out of the general county
taxes levied and collected from the specific railroad property in
said district, as hereinbefore provided, then this act shall be and
become inoperative, and all such general county taxes levied upon
and collected from said specific railroad property shall thereafter
be paid into the general county fund of Bladen County and ex-
pended by the board of commissioners or other corporate authori-
ties as other general county taxes.
"Sec. 16 (f). That in order to carry into effect the provisions
of this act the county treasurer shall keep a true and perfect
account of all of the said taxes collected, from what source col-
lected, the amount of interest and principal received and disbursed,
and all other information which may be necessary for the due com-
pliance with the provisions of this act. The sheriff or other tax
collector and the Treasurer of Bladen County, collecting or re-
ceiving or disbursing any of the said taxes shall be liable on their
official bonds in the same manner as they are liable for other
county taxes."
Sec. 2. The iirovisions of this act shall have the same force and
effect as if the same had been included in the aforesaid chapter
two hundred and thirty-three of the Private Laws of one thousand
nine hundred and three, as ratified the fourth day of March, A. D.
one thousand nine hundred and three.
Sec .3. All laws and clauses of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 24th day of February. A. D. 1909.
1909— Chaptee 299—300. 351
CHAPTER 299.
AX ACT TO AMEND PUBLIC LA^YS 1895, CHAPTER 1.38, BY
STRIKING OUT THE WORD "GRANVILLE," SO AS TO
RESTORE GRANVILLE TO THE BILL OF COUNTIES IN
WHICH THE SHERIFF IS REQUIRED TO SETTLE STATE
TAXES BY THE SECOND MONDAY IN JANUARY IN EACH
YEAR.
The General AssemNy of North Carolina do enact:
Section 1. That the Public Laws of one thousand eight hundred Law amended.
and ninety-five, chapter one hundred and thirty-eight, be amended
by striliing out the word "Granville," in line one, section one of
said act.
Sec. 2. That all special acts in which a time for sheriffs to set- Special act re-
tle taxes of Granville County at a time different from that pre-
scribed in the general act for the settlement of taxes be repealed,
as far as they may apply to Granville County.
Sec. .3. That this act shall take effect on and after the first day When act
fiff 6ct ivc
of September, one thousand nine hundred and nine.
Ratified this the 24th day of February, A. D. 1909.
CHAPTER 300.
AN ACT TO AMEND SECTION 1.506, CHAPTER 28, REVISAL
OF 1905, RELATING TO CIVIL DOCKETS IN ROWAN SUPE-
RIOR COURT.
The General Assembly of 'North Carolina do enact:
Section 1. That section one thousand five hundred and six, Call of civil
chapter twenty-eight of the Revisal of one thousand nine hundred *^°^'^^*^-
and five of North Carolina, be and the same is hereby amended
by striking out that part of lines four and five, on page four hun-
dred and fifty-three, the words "The civil dockets shall not be
called in the May and November terms until the second week."
Sec. 2. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 3. That this act shall Ije in force from and after Its ratifi-
cation.
Ratified this the 24th day of February, A. D. 1909.
352
1909— CiiAPTEK 301—302—303.
Terms for trial
of civil cases.
CHAPTER 301.
AN ACT TO AMEND CHAPTER 20, PUBLIC LAWS, SPECIAL.
SESSION 190S, RELATING TO THE TERMS OF SUPERIOR
COURTS OF ONSLOW COUNTY.
The General Assembly of North Garolina do enact:
Section 1. That section three of chapter twenty. Public Laws,
special session one thousand nine hundred and eight, be and the
same is hereby amended by striking out all after the word ''Pro-
vided,'''' in said section, and inserting in lieu thereof the following:
"That the April and July terms of said Superior Court of Onslow
County shall be for the trial of civil cases only."
Sec. 2. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 3. That this act shall he in force from and after its ratifi-
cation.
Ratified this the 24th day of February, A. D. 1909.
Number of com-
missioners.
Commissioners
named.
Term of ofBce.
CHAPTER 302.
AN ACT TO AMEND SECTION 1311 OF THE RE VI SAL OF 1905.
The General Assem'bly of North Carolina do enact:
Section 1. That section one thousand three hundred and eleven
of the Revisal of one thousand nine hundred and five be amended
by inserting in line thirteen thereof, between the words ".Johnston"
and "Lenoir," the word "Jones."
Sec. 2. That K. R. Hay, of White Oak Township, and L. O.
Pollock, of Beaver Creek Township, be and they are hereby ap-
pointed commissioners of Jones County, to serve as such commis-
sioners until the first Monday in December, one thousand nine
hundred and ten.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 24th day of February. A. D. 1909.
Open season for
birds.
CHAPTER 303.
AN ACT TO PROTECT GAME IN WARREN COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt,
shoot, kill, capture or destroy any quail, partridge, pheasant, wild
turkey, woodcock or dove in the county of Warren, State of North
1909— Chapter 303. 353
Carolina, except between the first day of December and the first
day of March in each and every year.
Sec. 2. That it shall be unlawful for any person to shoot, kill, Open season lor
destroy or hunt with dog any rabbits or squirrels in the county of squirrels.
Warren, State of North Carolina, except between the first day of
September and the first day of March in each and every year.
Sec. 3. That it shall be unlawful for any person or persons to Destruction of
destroy the nests or young of any of the game mentioned in sec- ?orl)fdden.^'°""^
tions one and two of this act.
Sec. 4. That any nonresident of the State of North Carolina County license
who desires to hunt in the county of Warren shall, in addition to rl^icfents""^'
the license prescribed in section one thousand eight hundred and
seventy-two of the Revisal, pay a county license tax of ten dollars
to the clerk of the Superior Court of said county, who shall issue
to said nonresident a county license, which said license shall ex-
pire at the termination of the annual hunting season of said
county.
Sec 5. That all county license taxes paid into the hands of the County license
Clerk of the Superior Court of Warren County, as above provided, of game.
shall constitute a fund for the protection and preservation of the
game of said county, which said fund shall be paid out by him as
hereinafter directed, and the said clerk shall be entitled to five Compensation of
per cent of said fund as compensation for his services in said^'^'^'"
matter.
Sec. 6. That M. M. Pendleton, B. G. Tharrington, S. W. Neal, Game protection
R. A. Hawkins and Fred. Wiggins are hereby constituted a com- ^ ^'^'
mittee, to be known as the "Game Protection Committee of War-
ren County," which said committee is hereby empowered to use Powers of com-
the ^ame license tax fund collected by the Clerk of the Superior "^>ttee.
Court of Warren County for the employment of game wardens to
enforce the provisions of this act, for the prosecution of all viola-
tors thereof and for such other purposes as they may deem neces-
sary for the better protection and preservation of the game of the
said county of Warren.
Sec 7. That the said Game Protection Committee of Warren Vacancies.
County are hereby empowered to fill all vacancies occurring in its
body, and they shall receive no compensation for any service ren-
dered under this act.
Sec. S. That the Clerk of the Superior Court of Warren County, Payments from
North Carolina, is hereby authorized to pay out the aforesaid P^'^ection fund.
game license tax fund which may come into his hands from time
to time upon a warrant or order duly signed by each member of
the said Game Protection Connnittee of Warren County.
Sec 1). That any person or persons violating either of sections Misdemeanors.
one. two, three or four of this act shall be guilty of a misde-
meanor.
I'ub.— 23
354
1909— Chapter 303—304.
Application of act. Sec. 10. That this act shall apply to the county of Warreu. State
of North Carolina.
Sec. 11. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 12. This act shall be in force from and after its ratifica-
tion.
Ratified this the 24th day of February. A. D. 1009.
CHAPTER 304.
AN ACT TO IMPROVE THE PUBLIC ROADS OF MT. GILEAD
TOWNSHIP, MONTGOMERY COUNTY, TO CREATE A ROAD
COMMISSION FOR SAID TOWNSHIP AND WORK THE
SAME BY TAXATION.
Road commis-
sioners.
Terms of office.
Election of suc-
cessors.
Meetings for
election.
Political affilia-
tion.
Public roads to
include streets of
Mt. Gilead.
Supervision and
control of convict
force.
Supervision of
public roads.
Guarding, comfort
and care of
convicts.
Medical attention.
The General AsxemWy of North Carolina do enact:
Section 1. That O. C. Bruton, D. S. Hurley and Frank McAulay
are created a road commission for Mt. Gilead Township, Mont-
gomery County, and shall hold their said offices, respectively,
for one, two and three years, in the order of their names as herein
set out, and thereafter each of them or his successor shall be
elected for a term of three years bj^ the two whose terms do not
expire, the Board of County Commissioners of Montgomery County,
the board of town commissioners of the town of Mt. Gilead and
the justices of the peace of Mt. Gilead Township. They shall
meet on the first Monday in June previous to the expiration of
any one term, or as soon thereafter as practicable, and elect, one
commissioner to succeed the one whose term is about to expire.
That only two of said commissioners shall belong to any one political
party: Prorided, that public roads for the purpose of this act
shall also include that portion of all roads or streets passing
through the corporate limits of the town of Mt. Gilead.
Sec. 2. That the said road commission shall have full supervi-
sion and control of the convict force sentenced to work on the
public roads of Montgomery County, and of such others as may
be sentenced from other counties by any Judge of the Superior
Court, criminal court or other courts of the State, and shall have
the supervision of all public roads in Mt. Gilead Township and
such other roads in other townships of the county as it shall take
charge of under this act, as herein provided. It shall be the duty
of the road commission to look after the guarding and comfort of
the convict force, have the convicts properly cared for, clothed
and fed, employ a physician to attend the convicts, and generally
to provide for the efficiency of the convict force in working the
public roads of said township or any other township where the
said force may be worked.
1909— Chapter 304. 355
Sec. 3. That all persons confined in the county jail of Mont- Prisoners to be
^ , -, , » J. ^- ^ J- ■ worked on roads.
gomery County under any sentence of any court tor a term of im-
prisonment for nonpayment of costs or fines or under any vagrant
act, or any insolvents who shall be imprisoned by any court in
said county for nonpayment of costs, and all persons sentenced in
said county to the State's Prison for a term less than ten years
shall be worked on the public roads of Montgomery County, Mt.
Gilead Township ; and upon application of said road commission-
ers of Mt. Gilead Township, Montgomery County, the Judge of the
Superior Court or the judge of the criminal court, justices of the
peace and the principal officers of any municipal or other inferior
court, it shall be the duty of said judge, judges, justices of the Convicts to be
, , , • • 1 rn, X • 1 sentenced to road
peace or such other municipal oflicers to assign such persons con- work.
victed in their respective courts to such commissioners to be
worked on the public roads of Mt. Gilead Township, JMontgomery
County.
Sec. 4. That upon application of the chairman of the board of Convicts from
commissioners to the Judge of the Superior Courts presiding in ° ^^ ^°^'^ ^^^'
adjoining counties or in other counties in the same or adjoining
judicial districts which do not otherwise provide for the working
of their own convicts on the public roads, the said judges may
sentence such able-bodied male persons, as described in the preced-
ing section, from said adjoining counties in the same or adjoining
judicial districts to work on the public roads of said township and
county ; and the cost of transporting, guarding and maintaining Transportation,
such persons as may be sent to Montgomery County, Mt. Gilead maintenance.
Township, shall be paid by the road commission out of the road
funds of Mt. Gilead Township : Provided, that any and all persons Proviso: return of
from such other counties may at any time be returned to the convicts.
keeper of the common jail of such counties, at the expense of the
Montgomery County road fund.
Sec. 5. That the Board of County Road Commissioners of Mont- Purchase of tools,
gomery County may purchase tools, machinery, stock, material ^'d^ maSal.
and appliances and whatever is needed by them necessary for the
working of the convicts on the public roads of Mt. Gilead Town-
ship, Montgomery County, using not exceeding twenty-five hun-
dred dollars from county funds. The county commissioners shall Repairs of bridges
keep in repair all bi'idges and fords upon the public roads in said ^^^ ^'
township, and may contract with such persf)ns to keep in repair
any parts of said fords or highways under their charge, as pro-
vided for under the State law ; and when a bridge shall be neces- Bridges to be built
sary and the road commission of said township cannot conven- ^^ county.
iently build it out of the township funds, the county commission-
ers, being satisfied that such is the fact, shall contract for the
building, keeping and repairing thereof, and the same shall be a
charge upon the county : Provided, that this act shall not release Proviso: responsi-
4.1 4. ■ ■ 1! 1 • ,, , • n . . - . billty of county
the county commissioners from keeping all bridges in siiid town- commissioners.
356
1909— Chapter 304.
Machinery coun-
ty property.
Charge and keep-
ing of machinery,
stock and ma-
terial.
Power of pur-
chase.
Orders for pay-
ments from road
funds.
Proviso: pay for
work in other
townships.
Repairing and
buUding bridges.
Road,worked to
township lines.
Extension into
other townships.
Width and con-
struction of road-
beds.
Entry on land for
material.
ship in repair, as px'ovided by law ; tliat all machinery purchased
by the county commissioners with general county funds shall be
and remain the property of Montgomery County.
Sec. 6. That all road machinery, stock, wagons, material, appli-
ances and tools and other things used by the superintendent of
roads in said township shall be under the charge and keeping of
said road commissioners, and the said road commissionei-s shall
have power and authority to purchase such other tools, material,
stock, machinery and other things necessary for the proper work-
ing of the public roads under their supervision by the convict force
or hired labor, which shall be paid for out of the funds raised for
working the public roads in said, township ; that all orders for the
payment of any money directed to be paid out on account of the
duties devolving upon the road commission shall be signed by their
chairman and one member of their commission acting as secretary
for said road commission, and shall be drawn on the Treasurer of
Montgomei-y County, who shall charge said orders to the road
fund raised by taxation in Mt. Gilead Township : Provided, that
the road commission may order money paid out of the road funds
of any other township in which it shall do any work under the
provisions of this act. The cost of repairing and building bridges
shall be paid out of the general fund of the county, as heretofore
provided by the general law.
Sec. T. That it shall be the duty of the said road commission to
work the roads of said Mt. Gilead Township to the adjoining
township lines towards and extended to the township lines ; and
when such roads have been worked to the township lines the road
commission may extend the working of such public roads in any
other township as long as the road fund of such other township
will be sufficient to pay the total expenses of such work in such
township ; and when such work is being done the road fund of
such township shall be subject to the orders for the payment of
the expenses of the chain gang or free labor which may be drawn
on it by the road commission : and when the road commission shall
arrange to work the road of any other township no taxpayer shall
be permitted to pay the road tax due in said township by working
on the public roads.
Sec. 8. That the said road commission, in constructing and
working the public roads herein named, shall make the roadbed
not less than twenty feet wide, one-half of which shall be macad-
ized as soon as expedient: and in constructing the said roads the
commission shall make them as straight as possible and graded :
and in laying out, opening, constructing and working any pub-
lic road in said county and township the road commission or any
superintendent acting for them shall have a right to enter upon
the lands of any person over whose lands the roads may pass, and
may proceed to open said road and use such stone, earth, timber
1909— Chapter 304. 357
or other material as may be necessary for the work, doing as little
injury as possible to the owner. The said commission shall have Agreement as to
authority to agree with the owner of said land as to the damages ^™^ses.
sustained by him: Provided, that if any person does not agree, he Proviso: assess-
may. within three months after the change of road or new road ™o^agr°eenfent^.^^ ^
has been opened or completed, apply to the clerk of the Superior
Court, who shall appoint a jury of three disinterested freeholders
from the township the road is in to assess the damages. The said
jury, in determining said damages, shall take into consideration
the benefits of said road to the property and the damages sus-
tained by the property, and shall subtract one from the other, and
the result shall be their verdict. The county shall pay all dam- Damages paid by
ages sustained by reason of opening of the public road in any ^°^^^y-
township in Montgomei-y County out of the general funds of the
county.
Sec. 9. That the road commission may employ a superintendent Superintendent
of roads, who shall have the immediate and personal supervision
of the forces in their employment, see that they are cared for
properly and the work directed by the road commission is per-
formed by the convict force in accordance with their directions,
and generally to have charge of the tools, machinery and other
propertv pertaining to the convict forces ; that the superintendent Reports of super-
. ,,',•,.., ^ . ■. • • 1 11 • _ intendent.
shall report directly to the road commission any and all irregu-
larities, failure to work by the convicts and the health of the con-
victs, and he may be discharged at any time by the road commis-
sion.
Sec. 10. Said road superintendent shall deposit with the board Bond of super-
of road commissioners a good and lawful bond, to be approved
by the board of road commissioners, in the sum of one thousand
dollars, as a guarantee for his faithful and honest discharge of
duties, which bond shall be filed with the clerk of the board.
Sec. 11. That for the purpose of providing a sufficient fund to Road tax to be
pay the necessary expenses of the chain gang, convict force, hired
labor or contract work, the board of county commissioners are
required to levy, annually, as other taxes are levied, a tax of not Rate,
exceeding forty cents on every one hundred dollars' worth of taxa-
ble property and two dollars on every taxable poll in Mt. Gilead
Township, and to cause the same to be inserted in the tax list of
Mt. Gilead Township for collection by the Sheriff of Montgomery
County ; that the funds arising from such special tax shall be used Use of special tax.
generally by the road commission to pay any and all expenses
arising under this act for which the county of Montgomeiy may
not be liable; that it shall be the duty of the road commission to Election and duty
elect one of their members secretary of the commission, and it confm^ssfon.
shall be his duty to keep an accurate account of all moneys ex-
pended by said commission and the purposes for which it was ex-
pended, and to whom paid, and to annually publish a statement of
358
1909— Chapter 304.
Compensation.
Proviso: limit.
Inventory book.
Bridges and cross-
ings to be kept up
by corporations.
Failure a misde-
meanor.
Punisliment.
Forfeit.
Posts and
boards.
!uide-
Posts and guide-
boards furnished
by county.
Penalty for injur-
ing guide or finger-
boards.
Fine to use of
road fund.
Tax to be sub-
mitted to voters.
Date of election.
such expenses in the same manner as expenses of the county are
required to be published. The said road commissioners shall re-
ceive as compensation for their services while actually engaged
in performing the duties required by this act the sum of one dol-
lar per day each : Provided, that no commissioner shall be paid
more than twelve dollars in any one year, except the secretary,
who shall be paid not more than fifty dollars in any one year.
Sec. 12. That it shall be the duty of the road commissioners to
keep an inventory of all property, tools, machinery, stock and
other property which it may receive from the county of Mont-
gomery, and also tools, machinery, stock and supplies which it
shall purchase, which said inventory shall be kept in a book, which
shall be opened for inspection at all proper hours in the day by all
persons interested as taxpayers.
Sec. 13. That all railroads, turnpikes and other incorporated
companies shall keep up at their own expense all bridges on or
over public i-oads, and roads not public but used as neighborhood
roads, and all crossings which they have severally made it neces-
sary to build or make in establishing their several roads, and on
their failure to do so, shall be guilty of a misdemeanor and fined
at the discretion of the Superior Court, and shall forfeit and pay
twenty-five dollars for each ten days he, it or they shall fail to
perform the duties imposed by this act.
Sec 14. That the superintendent of public roads of Mt. Gilead
Township and each overseer within his district or township in
Montgomery County shall erect and keep up at the forks of the
crossroads a post and guideboard or finger-boarcf containing an
inscription, in legible letters, directing the way and distance to
the several towns or other public places situated on each road,
respectively ; that the post and guideboard or finger-board afore-
said shall be furnished the superintendent of Mt. Gilead Town-
ship by the board of road commissioners for said township.
Sec. 15. That if any person shall willfully demolish, throw
down or deface any guideboard or finger-board, said person, upon
conviction thereof before a justice of the peace of said county, shall
be fined in a sum not exceeding twenty-five dollars and costs, or
imprisoned not exceeding twenty days. The money, when collected,
shall be by the .iustice of the peace collecting the same paid over to
the board of road commissioners herein provided for, and by them
applied to the repair of the public roads in said county and town-
ship.
Sec 16. That the Board of County Commissioners of ^Nlontgom-
ery County be and they are hereby authorized, empowered and
directed to submit to the vote of the qualified voters of Mt. Gilead
Township, in said county, on the first Tuesday in May, one thou-
sand nine hundred and nine, A. D., the question, "Shall Mt. Gilead
Township, in the county of Montgomery, State of North Carolina.
I
1909— Chapter 304. 359
work the roads of said township by taxation?" That the board of Notice of election
commissioners shall, at least thirty days preceding said election.
give public notice of said election and the purpose of said election
in The Montgomerian. a newspaper published in Montgomery
County.
Sec. 17. That said election shall be held and conducted in the Law governing
manner prescribed for the election of members of the General ^ ^^ ^''"'
Assembly of North Carolina : Provided, however, that the said Proviso: appoint-
.. ,,, . ^ . j_ -, ^ ■ -, ment of election
board of commissioners shall appoint a registrar and two judges officers.
of election and any other officers necessary for said election. The New registration,
said board of commissioners shall order a new registration of
voters of said township, and the registration books of said town- Registration.
ship shall be delivered by the register of deeds of said county to
the registrar appointed under this act as soon alter his appoint-
ment as practicable, and said registrar shall revise said registra-
tion books, so that they may show only the names of persons who
are entitled to vote in said township. He shall register any duly
qualified voters in said township who may have become entitled to
register and vote since the last general election in said township ;
that the votes shall be counted at the close of the polls and re- Count and return
ttirned to the said board of commissioners on the Monday next
following said election, all of which shall be recorded in the min- Record,
utes of said board of commissioners, and no other record ov
declaration of said election shall be necessary.
Sec. 18. That in said election the ballots tendered and cast by Ballots,
the qualified voters shall have written or printed on them "For
Good Roads" or "Against Good Roads," and the said ballots may
be of any size and in any type, on any sort of white paper ; and
any qualified voter who may favor the adoption of the provisions
of this act shall vote "For Good Roads,"' and all qualified voters
who oppose the adoption of this act shall vote "Against Good
Roads" ; and in the event that a majority of qualified voters in
said township vote "For Good Roads" at said election, the result
shall be declared and recorded as aforesaid. Then and in that Effect of election,
event the Board of Commissioners of ^lontgomery County shall
declare the provisions of this act to be the law governing the
working of the public roads of Mt. Gilead Township.
Sec. id. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 20. That this act shall be in force from and after its r;iti-
fication.
Ratified this the 25th day of February. A. 7). litOn.
360
1909— Chapter 305.
CHAPTER 305.
AN ACT TO PROVIDE A SYSTEM OF CONSTRUCTING AND
KEEPING IN REPAIR THE PUBLIC ROADS OF MONT-
GOMERY COUNTY.
Road tax to be
levied.
Election of road
trustees.
Terms of office.
Successors.
Vacancies.
Meeting of trus-
tees for organiza-
tion.
Organization.
Quarterly
meetings.
Trustees exempt
from road duty.
Examination and
reports on roads.
The General Assembly of North Carolina do enact:
Section 1. That for the construction, maintenance and iuiin-ove-
nient of the public roads of Montgomery County the board of com-
missioners of said county shall levy an annual tax, as hereinafter
provided, and the said board of commissioners shall, on the first
Monday in April, one thousand nine hundred and nine, appoint a
board of road trustees for each township in said county, which
board shall be composed of three good and laAvful men, residents
of such township. The term of office of the first road trustee
shall be for three years, the second for two years and the third
for one year, and one successor of one trustee shall be appointed
by said board of county commissioners for each of said townships
in April, one thousand nine hundred and ten, and annually there-
after, for the term of three years ; and that in event of a vacancy
occurring in any of said boards of road trustees, by death, resigna-
tion, removal from the township or otherwise, the said board of
commissioners shall appoint his successor to fill the unexpired
term.
Sec. 2. That the board of road trustees for each of said town-
ships shall meet on the first Saturday in May, one thousand nine
hundred and nine, and annually thereafter, and organize by elect-
ing one of their number chairman and one secretary, and the sec-
retary so elected shall forthwith report to the commissioners of
said county, in writing, a list of officers thus elected, which re-
port shall be kept on file in the register's office of said county ;
that the trustees, for the purpose of performing the duties herein
required of them, shall meet quarterly, and oftener if in their
judgment they shall deem it necessary for the proper transaction
of the duties herein imposed, and their secretary shall keep a
record of all their meetings and proceedings ; that the said board of
road trustees shall be exempt from the number of days' labor
hereinafter required in this act upon the public roads of their
townships.
Sec. 3. That it shall be the duty of the board of road trustees
to examine into the condition of the public roads of their respect-
ive townships at least twice in each year, and make a report in
duplicate on the condition of the public roads, and present one
copy of said report to the board of commissioners of said county
at their May and one copy at their November meeting, and in ad-
dition thereto the said board of road trustees shall forthwith file
one copy of said report with the clerk of the Superior Court of
said county for the use of the solicitor, with such instructions and
1909— Chapter 305. 361
recommeiKlatious as tbey may deem proper ; that the said board fjteraticmaliid'
of road trustees shall have the right, upon petition of the citizens discontinuance
of their township, or without such petition if they shall deem it
I)est for the interest of the traveling public, to lay out, alter or
discontinue public roads that are wholly within their townships,
or when such proposed new road, alteration or discontinuance is
wholly within their township, with as little injury to the lands
through which the same passes as may be consistent with the best
interests of the traveling public ; and the said board of road trus- Assessment of
damages,
tees, taking into consideration the advantages and disadvantages
to the owner of the lands through which the road thus altered or
laid out passes, shall assess the damages, if any, caused thereby,
and such damages thus assessed shall be deemed a charge against
the countv, and the said board of road trustees shall make a cer- Certificate of
* ' damages.
tificate of such damages, showing for what allowed, the amount
and to whom payable, which certificate shall be forthwith filed
with the board of commissioners of said county, and, unless it
shall appear to said commissioners that the damages are exorbi-
tant and uniust, shall be allowed by them ; that any person or per- Appeals to county
•' .11 ,' I i commissioners,
sons aggrieved by the action of the board of road trustees in lay-
ing out, altering or discontinuing any public road, as aforesaid, as
the amount of damages allowed for laying out any new road or
altering an old road, as aforesaid, may, upon giving a bond, with
sufficient justified surety, to be approved by said board of road
trustees, in not less than the sum of one hundred dollars, and con-
ditioned for the payment of all costs which may be adjudged
against him or them by reason of such, appeal to the board of
commissioners of said countv : Provided, notice of appeal be given Proviso: notice of
. -, appeal,
to the said board of road trustees by the party or parties aggrieved
within ten davs after the act complained of. That the said com- Proceedings on
, , .„ ^, appeal,
missioners shall hear and determine such appeal, and if the same
be against the appellant it shall be their duty to enter judgment
against the appellant and his sureties for the costs of the appeal,
with all the force and effect of a judgment in the Superior Court,
and that such judgment for costs may be enforced in the same
manner as a judgment of the Superior Court : Provided, that any Proviso: appeals
^ to Superior Court,
party or pai'ties aggrieved by the action of the commissioners m
such matter may appeal to the Superior Court of said county in
the manner set forth in the next succeeding section.
Sec. 4. That when it is desired to lav out a new road or alter Establishment,
alteration or dis-
or discontinue any public road or roads extending into two or continuance of
more townships, the right to do the same shall be in the county monj'townsliips.
commissioners, and shall be done, subject to and as is provided in
sections two thousand six hundred and eighty-four, two thousand
six hundred and ninety and two thousand six hundred and eighty-
five of chapter sixty-five, and section one thousand two hundretl
and sixty-eight, chapter twenty-two of Volume One of the Revisal
362
1909— Chapter 305.
Proviso: notice.
Proviso: appeals
to Superior Court.
Division of roads.
Proviso: hands
not to work out-
side of townsliip.
Road districts.
Election of super-
visor.
Bonds of super-
visors.
General powers
and control of
trustees.
Vacancies in office
of supervisor.
of one tbousand nine hundred and five: Provided, that postins:
notice of tlie petition at the courthouse door for thirty days, and
at some public place in each township through any part of which
said road passes, for twenty days prior to the hearing of the peti-
tion, shall be sufficient for the notices required in said section two
thousand six hundred and eighty-four: Prodded further, that any
person or persons desiring to appeal to the Superior Court from
the order of the board of commissioners shall give bond, with
justified and approved surety, in not less than the sum of one
hundred dollars, conditioned to pay all such costs as may be ad-
judged against him or them by reason of such appeal.
Sec. 5. That all roads, when laid out for construction or amend-
ment under the provisions of the preceding section, shall by reason
of this act be deemed divided, so that the board of road trustees
of each township shall have control of so much thereof as lies
wholly within their township, and all public roads laid out or
amended under sections three and four of this act, provided for
the construction and maintenance of public roads : Provided, that
no person shall be required to go out of his township to help in
working or constructing any road, except when on the boundary
line, as hereinafter provided.
Sec. G. That the board of road trustees of the several townships
of said county shall, on the first day of May, one thousand nine
hundred and nine, or within ten days thereafter, divide their re-
spective townships into suitable road districts, and annually there-
after make such alterations as they may deem pi'oper, and cause
a brief description thereof to be made on the township records,
and also to furnish each supervisor with a description of his road
district ; that the board of road trustees of each township, at the
meeting at which they divide their townships into road districts,
as aforesaid, and annually thereafter, shall elect one supervisor
for their township, who shall have charge of the several road dis-
tricts therein ; but if in their judgment they shall consider it best
suited to the conditions in their township, they may elect more
than one supervisor and assign to each the districts which he shall
have charge of, under the provisions of this act: that the board of
road trustees shall cause each supervisor to enter into a bond in
not less than the sum of one hundred dollars, executed to the State
of North Carolina in trust for said township, with sufficient surety,
to be approved by the board of road trustees for such township ;
that the board of road trustees shall have general power and con-
trol over the public roads in their township, and shall confer with
and may direct the supervisor as to the best methods of construct-
ing, maintaining and permanently improving the public roads ;
that in case of a vacancy in the office of supervisor, occurring by
death, resignation, removal or otherwise, the board of township
trustees shall appoint his successor for the unexpired tenn. and
1909— Chapter 305. 363
mav at anv time when they deem it for the best interest of the Removal of super-
public roads of their township remove any supervisor from office
and appoint his successor.
Sec. 7. That each supervisor, before entering upon the duties of Supervi.sors to
his office, shall take an oath faithfully and impartially to discharge ^^^ ' ^ '
the duties of said office, and shall make and execute a bond, with Bonds,
approved surety, such as may be required of him, as aforesaid, by
the board of road trustees ; and shall at each quarterly meeting of Quarterly reports.
said road trustees, and oftener if directed by them, make a report
of the condition of the roads under his charge, the character and
extent of the work he has done on the same, the number of per-
sons subject to road duty, as defined in section nine of this act,
in each road district in his charge, and the number of days worked
by each person ; the name of each person who has paid cash in lieu
of services, and the amount of cash paid by each ; the full juuount
of receipts, and the amount and manner of all expenditures during
said quarter ; the number of days worked by him on the roads of
his district, and the number of hands worked each day, and the
number of judgments, fines and penalties taken by him under tliis
act. against whom, and the amounts due thereon, if any, and all
such other matters as tlie board of road trustees may require of
him appertaining to his duties or relating to the conditions of his
road.
Sec. 8. That it shall be the duty of each and every supervisor. Supervisors to
subject to such direction as the road trustees may deem proper °^^^ ^°^
to make as to the manner of doing the same, to open or cause to
be opened all public roads which shall have been or may hereafter
be laid out and established in his road district ; the same to keep Repairs and re-
X , 1 11 , X x- XI i. moval of ob-
in repair and remove or cause to be removed all obstructions that structions.
mav from time to time be found thereon, for which purposes the Entry on lands
for material.
supervisors are hereby authorized to enter upon any lands, not
encumbered by crops, near to or adjoining such roads, to cut and
carry away timber, except trees or groves on improved land.
planted or left for ornament or shade ; to dig or cause to be dug
and carried away any gravel, sand, clay, marl or stone which
may be necessary to make, improve or repair said road ; and to
enter on any lauds adjoining or lying near the road, to make such Entry for drains
or ditches.
drains or ditches through the same as he may deem necessary for
the benefit of the roads, doing as little injury to said lands and
improvements thereon and timber as the nature of the case and
the public good will permit; and the drains or ditches so made
shall be conducted to the nearest water course, ditch or drain, and
shall be kept open by the supervisors and shall not be obstructed
by the owner or occupier of such land or any person or persons
having tlie same in charge, under the penalty of forfeiting a sum Forfeit for ob-
not exceeding ten dollars for each and every offense, to be col- or'^ditches^'^^'"^
lected by the supervisor and paid over by him to the board of ^ , ., ,
, ■ Forfeits to use of
I'oad trustees and applied to the road fund of said township; and road fund.
364
1909— Chapter 305.
Injury to culti- if the supervisor shall willfully injure any cailtivated or improved
vated or improved
lands a misde-
meanor.
Persons subject
to road duty.
Road duty.
Proviso: com-
mutation.
Proviso: emer-
gency work.
Proviso: day's
work.
Supervisor to
warn out liands.
Failure to attend
and work a mis-
demeanor.
Punishment.
Proviso: failure
to give warning
not to worlc
release.
Removal from
district.
lands by failure to conduct said drains aud ditches to the nearest
water way, ditch or drain, aud keep said drains aud ditches in re-
pair, he shall be guilty of a misdemeanor.
Sec. 8. That all able-bodied male persons and all male persons
able to perform the labor herein required, between the ages of
eighteen and forty-five years, shall be liable annually to do and
perform four days' labor on the public roads, under the directions
of the supervisor of the road district in which he resides: Pro-
vided, that if any person, being warned as hereinafter provided,
shall pay to the supervisor of his district the sum of one dollar
for each day's labor required by this act, the same shall be re-
ceived in lieu of each day's labor, and shall be applied by the
road supervisor receiving the same to the improvement of the
roads in that district: Provided further, that if from heavy rains,
tloods, washouts or any unusual injury to the roads the board of
road trustees shall be of the opinion that the condition of the
roads in their township demands it, they may increase the num-
ber of days' labor for each person subject to road duty to not
more than two additional days: Provided further, that ten hours
shall constitute a day's work, as required under this act.
Sec. 10. That it shall be the duty of every supervisor to order
out every such person, resident as aforesaid, annually, to do and
perform the work aforesaid on the public roads within the dis-
trict ; and if any such resident, being warned by such supervisor
or by leaving a written notice at his usual place of abode, shall
refuse or neglect, having had at least two days' notice, to attend
by himself or an able-bodied substitute acceptable to the super-
visor, or, having attended, shall refuse to obey the directions of
the supervisor, or shall spend the time in idleness or inattention
to the duties assigned him, every such delinquent shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined not
exceeding fifty dollars or imprisoned not exceeding thirty days
for each offense, and shall further be liable in all cases of non-
attendance to the amount of labor required by the boai-d of road
trustees in such township, to be recovered by an action before any
justice of the peace of the proper township, at the instance of the
supervisor within whose district he may reside, and the money
so collected shall be turned over to the treasurer of the county for
the benefit of the roads of said township : Provided, that no per-
son shall be released from the performance of the labor or its
equivalent, as herein provided, by reason of the failure of any
supervisor to order such person out, as herein specified.
Sec. 11. That if any person shall remove from any district to
another, who has prior to such removal performed the whole or
any part of the labor aforesaid, or in any way has paid the whole
or any part thereof in lieu of such labor, and shall produce a cer-
1909— Chapter 305. 365
tificate of the same from the supervisor of the proper district,
such certificate shall be a complete release for the amount therein
specified.
Sec. 12. That any person of road age. as defined in this act, Road hands to
who shall be summoned, as hereinafter provided, to perform any
labor upon the public roads under the provisions of this act, shall
by himself or by an able-bodied substitute appear at the place ap-
pointed by the supervisor, at an hour not earlier than seven o'clock
in the forenoon, with the necessary tools and implements as the
supervisor may direct, and the supervisor may arrange for the Teams and im-
use of teams, wagons, carts, plows or scrapers to be employed ^ '^"''^" ^•
and used on the road under his direction, upon terms and prices
to be approved by the board of road trustees.
Sec. 13. That for the purpose as provided in the preceding sec- Residence defined.
tion of this act the residence of any person who has a family
shall be held to be where his fapiily resides, and the residence of
any other person shall be held to be where he sleeps in any road
district in said county.
Sec. 14. That all the moneys that shall be in the hands of any Moneys to be
supervisor at the time of the annual settlement with the board of
road trustees shall be paid over to the secretary of the board of
road trustees, who shall deliver same to treasurer of county and
be placed to credit of said township road fund.
Sec. 15. That the commissioners of said county are hereby au- Road tax to be
levied
thorized to and shall levy at the June session of their board, annu-
ally, for public road purposes, ten cents on the one hundred dol- Rate.
lars valuation of property, and the board of commissioners shall
cause the same to be placed on the list for the current year, to be
included in and collected in the annual taxes ; that the road tax, Collection of tax.
when thus assessed, shall be collected by the sheriff or tax col-
lector of said county, under the penalty and regulations laid down
for the collection of other taxes for said county, and paid out as
hereinafter provided : Provided, that said sheriff shall receive not Proviso: sheriff's
,.,, ,„ ,, . ,, ./.-.. commission,
exceeding three per cent for collecting and two per cent for dis-
bursing : Provided, that upon petition of a majority of the regis- Proviso: extra
tered voters of anv township the said board of commissioners, in levy by townships
'- on petition
the manner above provided, may levy for such township so peti-
tioning an amount not exceeding thirty cents on the one hundred
dollars valuation of property, to be collected in the manner herein
provided.
Sec. in. That the road tax levied under this act shall be made Road tax levied
out and kept in a separate item on the tax list and appear in a separately,
separate item on the tax receipt, and the treasurer of the county Separate
shall keep the fund due each township in a separate account, and accounts,
the same to be disbursed only upon orders signed by the chairman
and secretary of the board of road trustees : Provided, that in no Proviso: township
event shall the funds due one township be paid out for the benefit separate.^*
of any other township.
366
1909— Chapter 305.
Orders for paying
out money.
Apportionment
of funds.
Orders for road
funds.
Pay of township
supervisors.
Provi.so: min-
imum of liands.
Footbridges
Post and
boards.
aiide-
Mileposts
Proviso:
tions.
excep-
Injury to guide
or mileposts a
misdemeanor.
Punishment.
Implements and
tools.
Sec. 17. That all moneys due the several townships shall be
paid out only upon the written order signed by the chairman and
secretary of the board of road trustees, who shall have absolute
charge and control of the construction, maintenance and improve-
ment of the public roads of their townships, and, in determining
the division of the funds, shall be governed, not by the miles of
road in each district, but by the necessities of the roads, the con-
venience of getting material necessary to make substantial repairs
and improvements, and thus make a just and equitable division
of the funds to the needs of the road, and the said money shall
be used, so far as practicable, in making the most permanent and
lasting improvements upon said roads possible.
Sec. 18. That the Treasurer of ^Montgomery County shall dis-
Inirse the funds coming into his hands under this act only upon
orders signed by the chairman and secretary of said board of
road trustees, stating to whom the same is payable, the amount
and the purpose for which the same has been or is to be expended,
and the said county treasurer's books shall at all times l)e open
for the inspection of the board of road trustees.
Sec 19. That the board of road trustees for the several town-
ships shall contract to pay the road supervisor for the days of
actual service out of the township bonds a sum not exceeding one
dollar and a half per day, deducting the commutation of days of
labor required in such township : Provided, the board of road
trustees of any township may at any time fix the minimum num-
ber of hands to be worked each day by the supervisor, and for
such days as he works a less number of hands he shall not receive
pay, unless there is in the judgment of the board of road trustees a
sufficient reason for the same.
Sec, 20, That the supervisors of public roads within said county
are hereby authorized and directed to construct footbridges over
streams of water in their districts, where the convenience of trav-
elers on foot require same.
Sec 21, That each supervisor within his district or districts
shall erect and maintain at the expense of the township at the
forks or cross of public roads a post and guideboard containing an
inscription in legible letters directing the way and distance to the
town or towns or other public places situate on each road, re-
spectively, and shall erect and maintain mileposts on said public
road showing the distance from the county seat: Provided, show-
ing the distance from the county seat shall not apply to roads not
going in the direction of Troy, That any person who shall will-
fully demolish, throw down, alter or deface any such guidepost or
milepost shall be guilty of a misdemeanor, and upon conviction
shall be fined not exceeding fifty dollars or imprisoned not exceed-
ing thirty days.
Sec 22. That the board of road trustees of the several town-
ships in said county be and they are hereby authorized to furnish
1909 — Chapter 305. 367
plows, scrapers and other tools as they may deem proper for use
upon the public roads of their townships, to be paid for out of any
money of the township for road purposes not otherwise appro-
priated. The board of road trustees shall take a receipt from Receipts for
, . , . ., ■. ,. i »_• implements.
each supervisor for such implements as they may deliver to him,
showing the number, kind and condition thereof, and such super- Liability of super-
visor shall be liable for any injury or damage that may result to
such implements or to any of them by improper use thereof, or
by unnecessary exposure to the weather during the time the same
may be in his possession, and he shall, ou the first Monday in May. Returns,
annually, return the same to the board of road trustees. The
amount of which such supervisor may be liable for such improper
use or neglect may be recovered by an action in the name of the
board of road trustees.
Sec. 23. That the right of way of the public roads in said county Right of way.
shall be twenty feet, and the supervisor, with the approval of
the board of road trustees, shall determine how much of the right
of way shall be used for road purposes.
Sec. 24. That each and evei'v supervisor who shall cut and take Certificates for
^. , ^ , "^ , 1 1 J! ^.^ material taken.
away any timber, stone, clay, marl, sod or gravel for the purpose
of making, improving or repairing any road or building or repair-
ing any bridge or crossway within his district, as is pi'ovided in
section eight of this act. or otherwise, shall, on demand of the
owners of the land, their agent or agents, or the guardian of any
ward or the executor or administrator having the lands in charge
from which timber, stone, gravel or other material was taken, as
aforesaid, give a certificate showing the quantity of such timber,
stone, gravel or other material, with the value thereof, respect-
ively, and the time and purposes for which the same were taken,
and upon presentation the board of road trustees shall allow said
certificate, if the same is just, but if not, shall allow such sum as
they may deem fair anfl just, and any such sum shall be paid
out of the fund of said township.
Sec. 2o. That the county board of commissioners may purchase Road machinery
road machinery, tools, etc., and turn same over to the board of
road trustees : that the said machinery, tools, etc.. so purchased
shall be and remain the property of the county of Montgomery,
and the said commissioners may at any time direct the board of
road trustees to return any of such machinery or deliver upon
their order to other parties.
Sec. 20. That if the supervisor shall willfully and wantonly Acts of supervisor
injure any crops or cultivated or improved land in the exercise of nieanors.™'^ ^
the duties devolving upon him in this act, or shall fail to conduct
the drains and ditches mentioned in this act to the nearest water
way, ditch or drain, and keep said ditch or drain in repair, he Punishment.
shall be guilty of a misdemeanor and fined not exceeding twenty
dollars.
368
1909— Chapter 305.
Snaking logs a
misdemeanor.
Punishment.
Proviso: road
trustees may per-
mit dragging.
Supervisors to
remove obstruc-
tions.
Certificates for
overtime.
Cartways.
Proviso:
appeal.
bonds on
Obstructions by
railroad com-
panies.
Acts of supervisor
declared misde-
meanors.
Neglect of duty
by any ofiBcer a
misdemeanor.
Punishment.
Sec. 27. Any person engaged in hauling or transporting saw logs*
or other timber on any public road who shall transport or cause
to be transported by means of chain or grab hook, or other means,
to be made to slide on the roadbed by a method known' among
lumbermen as "drying" or "snaking logs," shall be guilty of a mis-
demeanor, and on conviction shall be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days: Provided, the
board of road trustees may, under certain conditions satisfactory
to them, permit such hauling or dragging of logs.
Sec. 28. That at any time during the year when any ])ublic road
shall be obstructed it shall be the duty of the supervisor of the
district in which the same may be forthwith to cause such obstruc-
tion to be removed, for w^hich purpose he shall immediately order
out such number of persons liable to do work upon the public-
roads of his district as he may deem necessary to remove said ob-
structions. If the person or persons thus called out shall have
performed their days of labor upon the public road, the supervisor
shall give to such person or persons a certificate for the amount
of labor performed, and said certificate shall apply on the labor
that may be due from such person or persons for the ensuing year.
Sec. 29. That sections two thousand six hundred and ninety-
six, two thousand six hundred and ninety-four and one thousand
two hundred and sixty-eight of the Revisal of one thousand nine
hundred and five shall govern the establishing and laying out of
cartways, except as to duties therein imposed upon the board of
road supervisors of the township which shall devolve upon and be
performed by the board of road trustees for the township : Provided,
that such trustees, in case of appeal, shall require of appellant a
bond sufficient to cover the cost of the appeal.
Sec. .30. That as to unlawful obstructions of public roads and
other injury thereto by railroad companies, sections seventy-two,
seventy-three, seventy-four and seventy-fife of chapter fifty of the
Laws of one thousand nine hundred and one shall be and the same
is hereby made a part of this act.
Sec .31. That each and every supervisor who shall neglect or
refuse to perform the several duties enjoined on him by this act.
or who shall under any pretense whatever give or sign any re-
ceipt or certificate purporting to be a receipt or certificate for
labor performed or money paid, unless the labor shall have been
performed or money paid prior to the giving or signing of such
receipts or certificates, shall be guilty of a misdemeanor.
Sec 32. That any road trustee, supervisor, secretary or board
of road trustees or other officer of said county of whom any act
or duty is required in this act to be done or performed, and who
shall refuse or neglect to do any such matter or thing as herein
required, shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not exceeding fifty dollars or imprisoned not
exceeding thirty days.
1909— Chapter 305—306. 369
Sec. 33. That the commissioners of said county shall have super- Bridges.
vision and control of the bridges of said county, the location, con-
struction, maintenance and repair of the same, and may let such
contracts and do all such things in connection with the construc-
tion, maintenance and repair of said bridges as are consistent with
the best interest of said county of Montgomery and best subserve
the interest of the traveling public ; that for building and repair- Funds for buiid-
, . , ^- ^ . . , V, • 1 X ing and repairing
mg bridges the county commissioners are authorized to use any bridges.
special funds on hand in the county treasury, except school funds.
and when this is exhausted they are authorized to use the general
county fund.
Sec. 34. That with the view of getting a proper grade, etc.. ui Surveyor.
laying out or wending any public road, as provided in this act, the
authorities herein authorized to lay out and locate the same may
employ a competent surveyor, who shall be paid by the county for
his services.
Sec. 35. That where anv road forms the boundary between any Roads forming
1 • X 1 • T XI X XI -111 township bound-
two townships or any township and another county, the said board ary.
of road trustees are authorized and empowered to make arrange-
ments with the proper authorities of such other township or other
county in regard to woricing and maintaining the same: Provided, Proviso: coumy
any township in Montgomery County shall not bear exceeding half
the expenses of working and maintaining any county-line road.
Sec. 36. That this act shall not apply to Mt. Gilead Township Applicaiion to
•.P -^ ^ u- .^ X X * , • xu K,- A Mt. Gilead to wn-
if said township adopts a system of working the public roads un- ship.
der and by virtue of a separate act of the General Assembly of
North Carolina, session one thousand nine hundred and nine.
Sec 37. That all the clauses and provisions of this act shall ap- Application to
1 X /-, 11 /-, X ■, ■ 1 -.c ii T /-, Caswell county.
ply to Caswell County, and m as ample a manner as if 'and Cas-
well County" appeared in the body of the bill after each of the
words "^Montgomery County," and as if in all other places "coun-
ties" appeared in the body of the bill instead of county.
Sec. 38. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 3!). That this act shall be in force and effect from and after When act
Ai)ril first, one thousand nine hundred and nine.
Katified this the 2yth dav of Februarv. A. D. 1909.
CHAPTER 306.
AX Ar-T Tf) ArTIIORTZE BTU^XSWICK COUNTY TO LEVY
A SPECIAL TAX.
The General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Bruns- Levy authorized.
wick County be and they are hereby authorized • and empowered
to levy a special tax of not exceeding ten cents on the one hun- Rate.
Pub.— 24
370
1909— Chapter 306—307.
dred dollars' worth of taxable property ui^on all property subject
Years. to taxation in said county for tbe years one thousand nine hundred
Purpose. and nine and one thousand nine hundred and ten, for the purpose
of supplementing the general county fund, and shall be used in
the payment of the indebtedness and the current expenses of said
county.
Levy. Sec. 2. That the said special tax shall be levied at the time and
in the same manner that other county taxes are levied in said
Collection. county, and the said tax shall be collected and accounted for by
the sheriff or other collecting officer, and shall be accounted for
by the treasurer, when paid to him, in the same manner and under
the same penalties that other county taxes are collected, accounted
for and held.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 25th day of February, A. D. 1009.
CHAPTER 307.
AN ACT FOR THE WORKING OF THE PUBLIC ROADS OF
GRAHAM COUNTY.
County commis-
sioners to control
roads.
Meetings for road
business.
Proviso: road
business at any
regular meeting.
Chairman of
board.
Register of deeds
ex-officio clerk.
Duty.
Classification of
roads.
Division of roads.
Appointment of
overseers.
The General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Graham
County, in their corporate capacity, shall have full control of the
public roads of the said county, and for that purpose shall be
known and styled as the "Board of Road Supervisors."
Sec 2. That the board of county commissioners shall hold two
regular meetings in each year to perform the public-road business
of the county, one meeting to be held at the- regular May meeting
of the said board and the other to be held at the regular Septem-
ber meeting of said board : Provided, that the board of county
commissioners may perform road business at any of their regular
meetings.
Sec. 3. That the chairman of the board of county commissioners
shall be the chairman of the board of road supervisors, and the
register of deeds shall be styled the "clerk ex officio'' of said board,
whose duty it shall be to keep the books and papers of the said
board and keep a true record of all proceedings of said board in a
book furnished for that purpose.
Sec. 4. That the said board of county commissioners shall, at
their first regular meeting in May, one thousand nine hundred and
nine, and annually thereafter, classify all the public roads as here-
inafter provided, and lay out all public roads into convenient lots
or divisions, and at the same time appoint overseers for the said
1909— Chapter 307. ^'^^
several road divisions and allot the bands to each overseer, giving Allotment of
him the names of all the hands to be worked by h.m, togethei
him the names vl Prnv/uled that for the purpose proviso: first.
with the boundary to be worked. Fwvuiea, mat lu i , second and tliird-
of this act all roads that shall have heretofore been la,d out by the ,,,,, .o^ds.
To- 'd Jf coun V commissioners or worked by their order shall be
r;^:;Lr;biic roads and shan ^ ^-- -si-::?^,,.ei.s.oads.
third Class roads. ^^^Z::'^:^:^.::^ L.s ro.O^ fS^ ^^^ ^
second c ass roads shall be t\^ene leei w «- „.hir-h r-ise Third class roads.
:.au .e .en .eet ,viae, ^^^^j^^^^^^^^^^^ ^ ^-'•^'^ ™-
:rirar.»r '-<»-- oVooe ..e, so as to can. o„ — .«.
•^rrCT.r sr: ra^iv::rro.:er,oj. ». .™,.,..™-
j.s,rp m sa>. count.. --.---«--:," ^"^z...^^
the board of county commissioners at then le^uiai
over and inspect^l-----e^-^^
year and to make any and ^H o ^^ei i supervisors orders to road
dered bv the board of road supervisors , that saia loau i overseers.
.haU h-ive the power in their sections of the township to oidei any
shall ha^e tne pow whenever he may
road, overseer to work out his section oi i i-equired Proviso: limit of
fiPPin it necessary : Provided, that no road subject snaii oe ^« i ^^^^ duty.
trwo I 1 'reater number of days in each year than is hereinafter
tu \A0ik a ^leaiei ul overseer failing to comply proviso: failure
.e. fo.t.: ^™-''",J,J;'' ,:tU LynottL foA.ree days 3',--" ' "''-
rl'v S' aid wot-. S s "u ^: .Sty o/a .Isdemeano. and sMU P„„.s.„e„.^
^ 'riotir be «;ed ,e. doUars. T.at t.e sa,d ---« S!" '" °-'-
W r. find tl,e voad out of repair, be sball order tbe overseer ot
\isois, nnu Liie lu.i^ „^,.,. ^o;/! rmd siving him three
r irtbTbauds on sa>d road sbaH •"--or.ed tbe ..e e «^
CXr^r rfp'ort sS'irt^ tbe rrot^-oad su,,er.s„rs
S;r«;erru:rr=r-=i^e
t :;:»>":; ™,„;,a.nt .„ b.re b«nds.o repair ^^^J^^^^ ^„^,^„. „., „
i„ need ot renair ; ProvUed, tbat each band so hired sball lece.ve ™™;,
e d nar pe'r day tor the wor,< so done. It ^^'"f^^^;^:*, *»"«'--"''■
,l,e road supervisors in each township to ■"»><"';>'"* 3ner
report ot tbe condition ot the roads e.v.mmed by them, t°8«»«
: ttthe time worked l,y each overseer and -'•f^-^^^\^:^^,
board of road supervisors lour tin.es eacl, '^ '■■"'■;"■ ''^^^,ff^
Monday in February, the first Monday .n May, the first «<>' '"J "
Sep en ber and the first Monday iu December, wb.cb report slull
372
1909— Chapter 307,
Proviso: pay of
supervisors.
Overseer to work
hands.
Road duty.
Warning.
Provi.so: written
notice.
Proviso: substi-
tute or commuta-
tion.
Day's work.
Proviso: pay of
overseers.
Quarterly reports
of overseers.
Overseer governed
by instructions of
supervisor.
Proviso: when
supervisor gives
no instructions.
Persons subject to
road duty.
Proviso: excuse
for infirmity.
Failure to work a
misdemeanor.
Punishment.
Neglect of duty
by supervisors'a
misdemeanor.
Punishment.
be under oath : Provided, that the road supervisors in each town-
ship shall receive the sum of two dollars per day for the time
actually engaged in said duties, which sum shall he paid from the
puhlic-road funds of the county.
Skc. 7. Each overseer shall have power to work the hands al-
lotted to him on his said section of road, and it shall be his duty
to work them four days in each year. The overseer shall warn
each hand two days before each working, by personal or written
notice, stating the time, place, tool and the length of time to be
worked : Provided, that the leaving of a written notice at the place
of residence of any hand shall constitute a legal summons: Pro-
vided further, that if any hand shall furnish a good, able-bodied
hand or pay the overseer the sum of one dollar for each day to be
worked before the day to be worked, he shall be discharged from
said work, and for the purposes of this act nine hours per day
shall constitute a day's work : Provided further, that each road
overseer shall receive the siun of one dollar as a compensation for
the warning of the hands at each road working. That it shall be
the duty of each overseer to make a written report, under oath,
to the road supervisor of his township four times a year, to-wit, on
the first Mondays in February, May, September and December, set-
ting forth the amount of time worked by each hand, the different
times for which the men have been warned to work, the name and
amount of time which any person has failed to work, pay or
furnish a hand, together with a statement of the condition of his
section of road at the time of the report : that each overseer shall
be governed by the in.structions of the road supervisor of his town-
ship as to manner and place of work : Provided, that if the said
supervisor fails to give instructions for same the overseer will use
his own judgment and work when and where he deems it most
needed.
Sec. 8. That all persons between the ages of eighteen and forty-
five years shall be required to work the public roads: Provided,
that the county commissioners may excuse any person for in-
firmity.
Sec. 9. Any road sub.iect failing or refusing to work on the pub-
lic road or failing to furnish a hand to work or to pay the over-
seer the sum of one dollar for each day to be worked, before the
day to be worked, shall be guilty of a misdemeanor, and upon con-
viction shall be fined the sum of two dollars for each day that he
was required and failed to work, or may be imprisoned for not
longer than thirty days.
Sec. 10. That the board of road supervi-sors or any member
thereof, or the road supervisors of the different townships, or any
overseer, who shall fail to discharge the duties herein required of
him or them, shall be guilty of a misdemeanor, and upon convic-
tion shall be fined not less than ten dollars and not more than
1909— Chapter 307. 373
fifty dollars for each offense or imprisoued at the discretion of the
court.
Sec. 11. That the [)oard of road supervisors shall lay before the Kepprts to
solicitor of the district a report of all persons failing to discharge '^
the duties required of them by this act, and it shall be the duty
of the solicitor to prosecute such person : Provided, that nothing Proviso: jurisdic-
herein shall be construed to give jurisdiction to the Superior Court
which otherwise would have been within the jurisdiction of a jus-
tice of the peace.
Sec. 12. That all overseers shall serve one year from the date Term of overseer.
of their appointment, and that no overseer shall be reqiiired to
serve more than one year in succession: Provided, that any per- Proviso: commu-
son may refuse to act as overseer upon the payment to the board 1^1^°'^ °^ °^ ^'^'
of county commissioners the sum of ten dollars, which shall go to
the general road fund of the county.
Sec. 1.3. That the sheriff and constables shall execute all orders Duty and pay of
of the board of road supervisors and shall be paid by the county gt^ables. ^^ ^°^'
for the same, as the sheriff is now paid.
Sec. 14. That the board of county commissioners shall have Establishment,
. i 1 1- , li J- i- I !• • 1 • J.1 alteration and dis-
power to establish, alter or discontinue any public roads in the continuance of
county, as heretofore provided in The Code. roads.
Sec. 15. That the Board of County Commissioners of Graham Road tax.
County shall levy a road tax of not less than five nor more than Rate.
twenty cents on the one hundred dollars' worth of property, nor
less than fifteen nor more than sixty cents on the poll, always ob-
serving the constitutional equation between the property and the
poll tax, which tax shall be collected as other taxes and paid to Collection of tax.
the county treasurer, to be used on the public roads of the county Use of money.
by order of the board of county commissioners in paying the road
.supervisors and hands hired to do extra work on the roads, build-
ing or repairing footbridges, building bridges and buying tools for
the roads, in the discretion of the board of county commissioners :
Provided, that all the material and tools furnished to any overseer Proviso: material
under the provisions of this act shall be placed in the hands of nished°overseer.
said overseer for safe-keeping; and that any overseer who shall Use for private
allow any tools or material so placed in his hands to be used for deme'anor^ "^^^'
private purposes shall be guilty of a misdemeanor and dealt with
as heretofore provided.
Sec. 10. That one hundre^l copies of this act shall be published Copies furnished
and furnished to the Board of County Commissioners of Graham ^°^^^y-
County.
Sec. 17. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. is. That this act shall be in force from and after its ratifi-
cation.
Ratified. this the 2.'')th day of February. A. D. 1009.
374
1909— Cpiapter 308—309.
CHAPTER 308.
AN ACT TO A.MEND CHAPTER 82 OF THE PUBLIC LAWS
OF 1907, IN REFERENCE TO A BOND ISSUE FOR THE
COUNTY OF NEW HANOVER.
Special tax to be
levied.
Rate.
Collection of tax.
Interest and
sinking fund.
Proviso: surplus
to school fund.
The Gencrul Assevibly of North Carolina do enact:
Section 1. That section seven of chapter eighty-two of the Pub-
lic Laws of one thousand nine hundred and seven be and the same
is hereby repealed, and that a new section (seven), reading as fol-
lows, be enacted in place of the said section hereby repealed :
"Sec. 7. That in case the result of said election shall be in favor
of issuing said bonds and a levy of the tax, as aforesaid, said
Board of Commissioners of New Hanover County shall levy, annu-
ally, on the first Monday in June of each year, a special tax for
said covnity of not more than fifteen cents on the one hundred
dollars' worth of property and forty-five cents on each poll ; the
subject of taxation and levy of taxes to be the same as that on
which the said board of county commissioners now or may here-
after be authorized to lay and levy taxes for general county pur-
poses. The taxes so levied shall be collected as other taxes, and
the same shall be a separate fund, applied first to the payment of
the interest on said bonds, and then to the creation of a sinking
fund, not exceeding two thousand dollars per annum, for the re-
demption of said bonds : Provided, that whenever the said bonds
named herein shall have been issued, then all funds so collected,
not required for said interest and sinking fund, shall' be turned
over to the county treasurer, to be applied by the Board of Edu-
cation of New Hanover County for public-school purposes, as pro-
vided by law."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 25th day of February, A. D. 1909.
CHAPTER 309.
AN ACT TO REGULATE THE LEVYING OF SPECIAL TAX
IN PORTRUM'S SPECIAL-TAX DISTRICT, IN RUTHER-
FORD COUNTY.
Rate of tax rec-
ommended by
school committee.
The General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Ruther-
ford County is hereby authorized and directed to levy annually on
all property and polls in School District Number Two ^2). known
as "Portrum's District," in Rutherford County, only such rate of
1909— Chaptek 309—310. 375
special tax for school purposes iu said special-tax district as may
be recommended annually by the school committee of said district :
Provided, said annual rate of taxation shall never be less than ten Proviso: limits,
cents on the hundred dollars valuation of property and thirty
cents ou the poll, nor more than twenty cents on the hundred dol-
lars valuation of property and sixty cents on the poll: Pro y/tZt'fZ Proviso: rate upon
^ ,, ,, , ^ ., ^ •■, , , -j-j. J • failure of com-
further, that upon failure of said school committee during any mittee to make
year to recommend any levy to said board of county commission- recommendation.
ers, sjxid board of county commissioners shall levy for school pur-
poses on all property and polls in said district at least ten cents
on the one hundred dollars valuation of property and thirty cents
on the poll.
Sec. 2. That all laws and clauses of laws in conflict with this
act, so far as they relate to this district, be and the same are
hereby repealed.
Sec. .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 25th day of February, A. D.'l909.
CHAPTER 310.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF CUM-
BERLAND COUNTY TO ISSUE BONDS AND LEVY TAXES
FOR THE CONSTRUCTION OF A BRIDGE OVER THE CAPE
FEAR RIVER.
The General Asscmhly of North Carolina do enact:
Section 1. The Board of Commissioners of Cumberland County, Bond issue
if they deem it necessary, are authorized to issue and sell bonds to authorized,
an amount not exceeding twenty-five thou.sand dollars ($25,000), Amount,
or so much thereof as they may deem necessary, for the purpose purpose of issue,
of providing funds for the construction of a steel, iron or other
durable bridge over the Cape Fear River to take the place of the
one recently burned, at or near the city of Fayetteville, or for the
jmrpose of erecting other necessary iron, steel or other durable
bridges in said county ; and they may levy and cause to be col- Special tax.
lected a special tax, as hereinafter provided, in order to provide
the necessary funds for the payment of such bonds and interest.
Sec. 2. Said bonds, when issued, shall be in denominations of Denominations,
one hundred to one thousand dollars, as said board of commis-
sioners may determine ; they shall be dated on the first day of Date.
April, one thousand nine hundred and nine, and run for the period Maturity,
of twenty (20) years from the date thereof; they shall be signed Authentication.
l)y the chairman and clork of said board and duly attested by the
official seal of the county ; they shall be consecutively numbered.
376
1909— Chapter 310.
Interest.
Bonds subject to
call.
Interest coupons.
Sale of bonds.
Sale not below
par.
Record of bonds.
•Sinking fund.
Amount.
Special tax.
Investments of
sinking fund.
shall bear interest not exceeding five per cent per annum, and
shall express on the face thereof the purpose for which they are
issued and when and where payable. But said commissioners may.
if they deem best, provide in said bonds that all or any part
thereof, in lots of not less than five hundred dollars ($500), may
upon proper notice be paid in full, with accrued interest at the
time of payment, at any time after ten years from the date of
issue ; the bonds to be called in and paid to be decifled by lot, and
the interest on all bonds so called shall cease after the date of
payment fixed in such call.
Sec. 3. Interest coupons shall be attached thereto, numbered to
correspond to the bonds, payable on the first days of October and
April of each year, and shall bear facsimile signatures of the
chairman and clerk of the board.
Sec. 4. The said commissioners may sell all of said bonds or any
part thereof, from time to time, at public or private sale, with or
without notice, a^ funds may be required for the purpose afore-
said, in the discretion of said board, but none of said bonds shall
be sold for less than their face value, with the accrued interest
at the time of said sale.
Sec. 5. The clerk of the board shall keep a complete record of
said bonds, showing the date and amount of each, when and to
whom issued and sold, and amount received from the sale of each.
Sec. 6. That said board of commissioners and their successors
in office shall create and maintain a sufficient sinking fund for
the redemption of said bonds at maturity, and the amount to be
paid by them annually to the sinking-fund committee shall not be
less than five per cent (5%) of the principal amount of said bonds
outstanding, under the provisions of this act ; and the said board
of commissioners shall require the sinking-fund committee of said
county to see that the provisions of this section are fully complied
with, but this shall not relieve the said board of commissioners
from their full duty of maintaining and creating said sinking fund.
Sec. 7. If the current revenues of said county are not sufficient
to pay the interest on said bonds and to create and maintain a
sufficient sinking fund, it shall be the duty of said board of com-
missioners to levy and cause to be collected, annually, in the
usual course and by the usual methods, a special tax, observing
at all times the constitutional requirements, on all subjects of taxa-
tion, in an amount sufficient to pay the interest on said bonds and
to create and maintain the sinking fund herein provided for their
final redemption at maturity.
Sec. 8. That the sinking fund provided for in this act may be
invested in such securities as the sinking-fund committee of Cum-
berland County may have the authority so to do, under the act
passed at this session of the General Assembly, specifying the
duties of said sinking-fund committee.
1909— Chapter 310—311. 377
Sec. 9. That if the said board of commissioners rshall fail or Acts declared
refuse to provide for the payment of said interest and for the '"'^ emeanors
creation and maintenance of said sinking fund, as hereinbefore pro-
vided, or if said board of commissioners or any other public otticer
of said Cumberhmd County shall apply the funds belonging to said
sinking fund to any other purpose than provided for in this act,
they or either of them shall be guilty of a misdemeanor, and upon Punishment.
conviction may be fined or imprisoned in the discretion of the
court.
Sec. 10. The sinking-fund committee of said county shall annu- Reports of sink-
, ^ ,, . -, , -.J, ■ ■ J. xi • 1 ing-fund com-
ally report to the said board of commissioners at their regular mittee.
meeting in .January of each and every year the condition of the
sinking fund provided for in this act, how much has been paid to
them during the year preceding, the nature and amount of all in-
vestments, and in said report make such suggestio'ns and recom-
mendations as to the sufficiency of the amount paid them annually
as a sinking fund, and upon such other matters as they may deem
proper, which said report shall be recorded and published as other
ofiicial reports.
Sec 11. That this act shall be in force from and after its rati-
fication.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 311.
AN ACT TO PROVIDE FOR THE PROTECTION OF FISH IN
THE WATERS OF HAW RIVER.
The General Assembly of North Carolina do enact:
Section 1. If any person or persons shall use any dynamite or use of dynamite
other explosive agent for the purpose of killing fish in the waters mis^de^iife anor^
of Haw River, he or they shall be guilty of a misdemeanor, and Punishment,
upon conviction of the same shall pay a fine ngt less than fifty dol-
lars nor more than one hundred dollars.
Sec 2. All persons engaged in taking fish from the waters of Accessories.
said river by the use of dynamite or other exi)losives shall be
equally guilty as the person who uses the said explosives.
Sec. 3. That this act shall be applied to Rockingham County Application of act.
only.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 2.5th day of February, A. D. 1909.
378
1909— Chaptek 312—313—314.
Petitions for cart-
ways, church
roads and tram-
ways.
CHAPTER 312.
AN ACT TO AMEND CHAPTER 20 OF THE PUBLIC LAWS
OF 1907.
The General Assembly of Xorth Carolina ilo enact:
Section 1. That cbapter twenty of the Public Laws of oue thou-
sand nine hundred and seven be amended as follows : Insert after
the last word in section twenty-nine of said act the following:
"Sec. 29 (a). That the Board of Commissioners of Forsyth
County are hereby given jurisdiction to hear all petitions for cart-
ways, church roads and tramways, under the same rules, regula-
tions and procedure as is now given to the township board of su-
pervisors under the provisions of chapter sixty-five of the Revisal
of one thousand nine hundred and five."
Sec. 2. That this act shall I)e in force from and after its ratifi-
cation.
Ratified this the 26th day of February, A. D. 1909.
Use of surplus
authorized.
CHAPTER 313.
AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF
LEE COUNTY TO SPEND SURPLUS PROCEEDS OF CON-
STRUCTION BONDS IN THE BUILDING OF BRIDGES.
The General Assembly of North Carolina do enact:
Section 1. That it shall be lawful for the Board of County Com-
missioners of Lee County to use any part of the proceeds of the
bonds authorized by chapter oue hundred and thirty-one, Public
Laws of one thousand nine hundred and eight, and amendments
thereto, remaining after the consti'uction of the courthouse and
jail in said county has been paid for, in the payment of any debt
contracted or to be contracted for the building of bridges across
Deep River between the counties of Lee and Chatham.
Sec. 2. This act ^all be in force from and after its ratification.
Ratified this the 2r)th day of February, A. D. 1909.
Former road laws
repealed.
Exception.
CHAPTER 314.
AN ACT TO PROVIDE FOR THE WORKING AND IxMPROVING
THE PUBLIC ROADS OF ASHE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That all former road laws for the county of Ashe,
and the amendments thereto, except chapter two hundred and
eighty-six of the Public Laws of one thousand eight hundred and
1909 — Chapter 314. 379
ninety-niue, be and the same are hereby repealed, aud said chapter Koad law-
two hundred and eighty-six of the Public Laws of one thousand '^ "t' ^ •
eight hundred and ninety-nine is hereby adopted for the county
of Ashe, except as herein provided.
Sec. 2. That seventy-five cents may be paid the overseer in lieu Coninnitation for
of each day's labor required to be performed on said roads ; and ^°^' ' " ' "
the words "'sixty-five cents" shall be stricken out and the words
"seventy-five cents" inserted in lieu thereof wherever the same
are written in said chapter two hundred and eighty-six of the
Laws of one thousand eight hundred and ninety-nine.
Sec. .3. That section twenty-nine of the said chapter two hun-
dred and eighty-six of Public Laws of one thousand eight hundred
and ninety-nine be aud the same is hereby repealed and the follow-
ing substituted in lieu thereof: "Whenever any person desires to Petition lor
change a road from one part of his land to another part he shall ^'i'^^''^^ o^ ■"oati.
file his petition with the board of road supervisors of the said
township, setting forth the proposed change, who in their discre-
tion may appoint two disinterested freeholders, who, together Procedure for
with the road overseer of said road, shall go and view said pro- change,
posed change, and they may permit the said change to be made,
upon such terms and conditions as to them seem best, aud when
said change is made upon a reasonable grade, and the terms and
conditions are complied with, they shall make their report to the
supervisors that they have either accepted or rejected said change."
Sec. 4. That justices of the peace shall not be ' exempt from Exemption of
working on public roads, but shall be exempt one day for each day ^^0^15^^^ ^™™ '""^'^
said justice is engaged in electing road supervisors or other duties
appertaining to the public roads of said county.
Sec. .5. That the overseer of any road in said county may. with Allotment of see-
the consent of the board of supervisors of the township, allot cer- *'°"^ °^ ™'^''-
tain sections of his said road to any person subject to road duty
on said road to be kept up, in lieu of the annual labor to be
I>erformed by said person: Provided, however, the same shall be Proviso: super-
worked under the supervision of said overseer, and may be let ^'""°'^ ° °^ erseer.
upon sucli terms aud conditions as to said overseer and board of
supervisors may seem best.
Sec. 6. That whenever any road overseer shall deem any fence Removal of
too near the road over which he has supervision, he may apply to 'f''"'^'^-
the board of road supervisors of said township, giving the name
or names of the parties whose fence he desires moved, and the
said board shall notify said parties and said overseer to appoint
a time and place to hear said grievance, and may, upon such terms
and conditions as to them may seem best, order said fence to lie
moved.
Sec. 7. That the P>oard of Commissioners of Ashe ("ounty may General road
apix)iut some discreet and suitable person, who shall be styled supervision
"general road supervisor," whose duty it shall be to go over and Duty.
inspect all the public roads in Ashe County twice each year and
380
1909— Chapter 314—315—316.
Printing and (lis
tributiou of law.
report the condition of same, and also any road overseer who is
not discharging his duty to the commissioners of said county, who
shall lay said report before the solicitor of the district at the en-
suing term of court of said county. Said commissioner shall re-
ceive one dollar per day for his services while actually engaged in
the performance of said duties.
Sp:c. 8. That the Board of Commissioners of Ashe County shall
have two hundred copies of chapter two hundred and eighty-six
of the Public Laws of one thousand eight hundred and ninety-
nine, as amended by this act, printed and distributed among the
road supervisors, overseers and justices of the peace of Ashe
County.
Sec. 0. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February. A. D. 1909.
Surplus to county
treasurer
County commis-
sioners to use
fund.
CHAPTER 315.
AN ACT TO AMEND CHAPTER 275 OF THE LAWS OF 1905,
FIXING SALARIES OF PUBLIC OFFICERS OF GUILFORD
COUNTY, PROVIDING THAT THE SURPLUS FUNDS DE-
RIVED UNDER SAID ACT SHALL BE PAID TO COUNTY
COMMISSIONERS FOR PERMANENT ROAD BUILDING.
7'hc General AssemNij of North Carolina do enact:
Section 1. That section nine of chapter two hundred and sev-
enty-five of the Public Laws of one thousand nine hundred and
five be amended by striking out, in lines six and seven thereof, the
words "highway commission" and inserting in lieu thereof the
words "county of Guilford," and by striking out the words "said
commission." in line eight thereof, and inserting in lieu thereof
the words "board of county commissioners."
Sec. 2. This act shall be in force from and after June the first,
one thousand nine hundred and ten.
Ratified this the 26th day of February, A. D. 1900.
Preamble.
CHAPTER 316.
AN ACT TO CREATE A PERMANENT SINKING-FUND COM-
MITTEE FOR CUMBERLAND COUNTY AND TO SPECIFY
ITS DUTIES.
Whereas, by chapter two hundred and ninety-two of the Public
Laws of one thousand eight hundred and ninety-three, the com-
missioners of Cumberland County were authorized to issue cer-
1909— Chapter 316. 381
taiu bonds for the purpose of building a courthouse and for other
purposes : and whereas, by chapters one hundred and forty-nine Preamble.
and two hundred and seventeen of the Public Laws of one thou-
sand eight hundred and ninety-seven, the said commissioners were
authorized to issue bonds to fund their debt then outstanding ;
and whereas, by chapter one hundi'ed and seventy-two of the Pub- Preamble.
lie Laws of one thousand nine hundred and five, the said commis-
sioners were authorized to fund their bonds known as the ".iail
bonds" ; and whereas, by chapter six hundred and seventy-six of Preamt>ie.
the Public Laws of one thousand nine hundred and seven, the said
commissioners were authorized to issue certain "steel" or "iron-
bridge" bonds, all of which said bonds are fully described in the
said several acts; and whereas in said acts a sinking-fund commit- Preamble
tee was provided for, but their duties were not fully set out and
described therein ; and whereas said sinking-fund committee and Preamble.
their predecessors, in the exercise of a sound discretion, have here-
tofore loaned the sinking funds upon bonds secured by first mort-
gages or deeds of trust on real estate, bearing interest at the rate
of six per cent per annum : therefore.
The General AssenMy of North Carolina do enact:
Section 3. That W. N. Tillinghast, H. McD. Robinson and John Sinking-fund
Elliot and their successors, as hereinafter provided, be and they
are hereby created a sinking-fund committee of the county of Cum-
berland, and as such shall have full supervision and control of all Supervision and
funds heretofore and hereafter to be laid aside by the Board of
Commissioners of Cumberland County, under the authority of the
above-recited acts and under the authority of such acts as may
hereafter be passed, and, as such sinking-fund committee, shall Corporate rigiits.
have a right to sue and be sued and to contract and be contracted
with.
Sec. 2. The persons named in the foregoing section shall serve Terms of office,
as members of such committee, as follows : W. N. Tillinghast to
serve for a period of two years, H. McD. Robinson for a period of
four years, and John Elliot for a period of six years from January
first, one thousand nine hundred and nine, and until their suc-
cessors are elected and qualified, as hereinafter provided. And the Cliairman-irea.s-
chairman of the sinking-fund committee, who shall be ex officio its "^"^ ^'^"^
treasurer, shall, on or before the first Monday in May, one thou-
sand nine hundred and nine, give bond in the sum of not less than
five thousand dollar.s, or in sucli other sum as the hoard of com-
missioners may require, said bond to be of similar purport to those
given by the county officers of Cumberland County, for the faith-
ful performance of his duties a^ such chairman and treasurer of
the sinking-fund committee, and said bond to be renewed annually
and approved by the Board of Commissioners of Cumberland
/-i4.ci'jv,i !,•■ J. J- Bond in surety-
County. Said bond may be given in any surety company doing company.
382
1909— Chapter 316.
Cost of bond.
Election of suc-
cessors to com-
missioners.
Compensation of
committee.
Limit.
Mininunn.
Chairman named.
Election of suc-
cessor.
Duty of chairman.
Investments of
sinking fund.
Forbidden in-
vestments.
Proviso: loans to
have unanimous
approval of com-
mittee.
Loans heretofore
made.
Suits by com-
mittee.
business iu the State of North Carolina, and the cost of the same
shall be paid from the general fund of Cumberland County.
Skc. 3. The Board of Commissioners of Cumberland County
shall, at their regular meeting in January, one thousand nine hun-
dred and eleven, and biennially thereafter, elect a competent free-
holder of Cumberland County to serve as a member of said sink-
ing-fund committee for a period of six years; and in case of a
vacancy on said sinking-fund committee, caused by death, resig-
nation, permanent removal from the county or permanent inca-
pacity to act, the said Board of Commissioners of Cumberland
County shall elect a competent freeholder to fill out the unexpired
term caused by such vacancy.
Sec. 4. The said sinking-fund committee shall receive such com-
pensation for their services as the Board of Commissioners of
Cumberland County in their discretion deem just and proper, but
in no case shall the compensation of the entire committee exceed
three-fourths of one per cent of the funds under their control, and
iu no case shall said comi^ensatiou be less than one hundred and
twenty dollars per year for the entire committee, of which amount
the chairman shall receive sixty dollars and the other two mem-
bers thirty dollars each, to be paid from the general fund of the
county.
Sec. 5. That until the first Monday in January, one thousand
nine hundred and ten, W. N. Tillinghast shall be chairman of said
sinking-fund committee, and after that time the said committee
shall annually elect one of its members chairman, whose duty it
shall be to keep all necessary accounts of funds, make all necessary
collections, exercise careful oversight of all loans and make the
statements required by law, which statements shall be signed by
the entire committee.
Sec. 6. That said sinking-fund committee shall exercise a sound
discretion in investing all funds which may come into its hands,
but shall not be authorized to lend any money on personal security,
personal property or on property in any way encumbered, nor
shall said committee be authorized to lend money on real estate
for more than sixty per cent of its actual value, or on any real
estate outside of Cumberland County, but this shall not prevent
said committee from investing in government. State or Cumber-
land County bonds : Provided, that no loans shall be made unless
the same shall be approved by all of the members of said com-
mittee.
Sec 7. That all loans and investments of the sinking fund which
have heretofore been made by the sinking-fund committees of
Cumberland County are hereliy declared a valid exercise of their
discretion.
Sic. S. That in case default shall be made in the payment of
any of the debts secured by mortgages or deeds of trust held by
1909— Chapter 316—317. 383
.>;iid sinking-fund committee, or which may hereafter be taken by
it, and it shall be necessary to foreclose the same, either by public
sale, under the terms of said instruments, or by foreclosure pro-
<?eediugs in the Superior Court of Cumberland County, such fore-
closure or suit shall be in the name of the chairman of such com-
mittee, as trustee for the sinking funds, and all deeds of fore- Deeds of fore-
closure under the powers of said instruments shall be executed by
said chairman, as trustee, and such instruments shall have the
same force and effect as if they had been executed by all of the
members of the sinking-fund committee or the Board of Commis-
sioners of Cumberland County.
Sec. 9. That all funds paid to said committee shall be deposited Deposits of funds,
in one or more of the banks doing business in the city of Fayette-
ville. to the credit of the sinking-fund committee, and paid out
only by checks signed by the chairman and countersigned by at
least one other member of said committee.
Sec. 10. That all persons who shall borrow funds from said Expenses of loans,
sinking-fund committee shall pay all reasonable expenses con-
nected with the execution of the mortgage or deed of J:rust secur-
ing such loan and the probate and recording of such mortgage or
deed of trust, together with six per cent interest per annum on
such loan.
Sec. 11. That all laws and parts of laws in conflict with the
provisions of this act are hereby repealed. "
Sec. 12. This act shall be in full force and effect from and after
its ratification.
Ratified this the 2Gth day of February, A. D. lOOit.
CHAPTER 317.
AX ACT TO FIX THE FI'JES OF THE SHERIFF OF ROBESON
COrXTY FOR SFM.MONING A SPECIAL VENIRE.
The General Assemhli/ of North CdroJiiia do enact:
Section 1. For each person summoned on a special venire the Fee of sheriff.
sheriff shall receive the sum of thirty cents: Provided, this act Proviso: fee for
shall not apply to a special venire ordered to be summoned from slanders.
the bystanders, in which case the sheriff shall receive the sum
of ten cents for each person so summoned: Provided further, that Proviso: applica-
this act shall ap!)ly only to the county of Robeson. ^'°'^ °' ^'^'■•
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are lierel)y repealed.
Sec. .3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 20th day of February. A. D. 1009.
384
1909— Chapter 318—319—320.
CHAPTER 318.
AN ACT TO AMEND CHAPTER 81 OF THE REVISAL OF 1005.
RELATIVE TO BARBED-WIRE FENCES IN CATAWBA.
RICHMOND, RUTHERFORD AND OTHER COUNTIES.
Tops of wire
fences.
Proviso: Ruther-
ford county.
The General Assemhlif of North Carolina do enact:
Section 1. That chupter eighty-one, section throe thousand seven
hnnclred and sixty-nine. Revisal of one thousand nine hundred and
five, be amended by inserting after the word "railing." in Hne
three, the following words : "or smooth wire or wire board : Pro-
vided, that the provisions of this act shall not api)ly to the county
of Rutherford."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1900.
CHAPTER 319.
AN ACT FOR THE RELIEF OF SURVEYORS IN SCOTLAND
AND ANSON COUNTIES.
Per diem as
witnesses.
The General Assembly of North Carolina do enact:
Section 1. That from and after the ratification of this act any
surveyor testifying in any civil case in the Superior Courts of
Scotland and Anson counties shall be entitled to and receive not
less than two dollars nor more than four dollars per diem, in the
discretion of the judge presiding.
Sec. 2. That this act sliall be in force from and after its ratifica-
tion.
Ratified this the 2Gth day of February. A. D. 1909.
CHAPTER 320.
AN ACT TO EXTEND THE TIME TO ALLOW THE CAMDEN
FERRY COMPANY TO ERECT A DRAWBRIDGE ON PAS-
QUOTANK RIVER.
The General Assemltly of North Carolina do enact:
Time extended. Section 1. That the Camden Ferry Company be and are hereby
allowed two years' extension of time in which to erect a drawbridge
on Pasquotank River — that is to say. a period of seven years, in-
1909— Chapter 320—321. 38{
stead of five years, as set out in chapter two hundred aud seventy,
section two. Private Laws of the year one thousand nine hundred
and five.
Sec. 2. To amend section four of chapter two hundred aud One opening in
bridge
seventy. Private Laws of one thousand nine hundred and five,
as follows : "That the said Camden Ferry Company may have the
right to have one opening in said drawbridge instead of two open-
ings, as provided in said section."
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February. A. D. 1909.
CHAPTER 321.
AX ACT RELATIVE TO COTTON WEIGHERS IN FRANKLIN
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the terms of ofiice of all public cotton weighers Terms ot office.
aud cotton-seed weighers in Franklin County shall begin on the
first Monday in December of every other year, beginning in one
thousand nine hundred and nine and extending for two years from
that date.
Sec. 2. That the terms of office of all such cotton weighers and Present terms
cotton-seed weighers now serving, shall extend to and end with the ^^ ^^ ®
first Monday in December, one thousand nine hundred and nine,
regardless of the expiration of same under present laws.
Sec. 3. That hereafter all public cotton weighers aud cotton-seed Election.
weighers shall be elected by the county board of commissioners
on the first ^londay in November, one thousand nine hundred and
nine, and every two years thereafter.
Sec 4. That the county board of commissioners are hereby Cotion platform.
granted the right and power to provide such cotton platform or
yard in the town of Ix)uisburg for the use of the public cotton
weigher as the said county commissioners may deem suitable and
advisable.
Sec. 5. That this act shall apply only to Franklin County. .Application of act.
Sec. G. That all laws and parts of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec. T. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February. A. D. 1fM)9.
Pub.
386
1909— Chapter 322—323.
CHAPTER 322.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF CHAT-
HAM COUNTY TO DIVIDE SAID COUNTY INTO TOWN-
SHIPS.
Power to divide
county into
townships.
Change of exist-
ing lines.
Establishment of
new lines.
Legal townships.
Justices to remain
in office
Offices of consta-
bles vacated.
Election of suc-
cessors.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Chatham County
be and they are hereby authorized, at their March meeting, one
thousand nine hundred and nine, and without the notice now re-
quired by statute, to divide the said county of Chatham into new
townships, and to that end they may adopt or abolish any of the
present townships of the said county or change any existing lines
of the said present townships and establish new lines, so as to
change the boundaries of any such townships as they may deem
best, and to name such new townships as they may create.
Sec. 2. That such townships so established shall immediately be-
come the legal townships of the said county, having and possessing
all the functions, powers, rights and duties of the townships as
now exist.
Sec. 3. That any justice of the peace whose term of office shall
not have expired when the townships are re-established according
to this act, that may be placed in a different township by such
re-establishing, shall be and remain such justice of the peace in
such new township during the remainder of his term ; and that if
any constable elected at the last election shall by such re-establish-
ing be placed in a different township or his township abolished,
then his office shall cease and determine; and if any township by
such re-establishment shall have no constable the board of com-
missioners shall appoint one to fill such vacancy until his successor
is elected at the next general election.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 323.
AN ACT TO IMPROVE THE DRAINAGE OF HAW RIVER AND
TROUBLESOME CREEK AND THEIR TRIBUTARIES. IN
ROCKINGHAM COUNTY.
Landowners to
clean out streams.
The General Assembly of North CaroUna do enact:
Section 1. That all persons owning land adjoining Haw River
and Troublesome Creek and their tributaries, in Rockingham
County, or through which said river and creek and their tributaries
1909— Chapter 323—324. 387
flow, are hereby required to clean out said streams during the
mouths of July, August, September or October of each and every
year, by removing from said streams, where the same adjoin their
lands, all logs, brush or anything of the kind which obstructs the
flow of water in said streams.
Sec. 2. That it shall be unlawful for any person owning or Dumping sawdust
operating a sawmill to dump or waste sawdust into Haw River or °^ ' ^^'
Troublesome Creek or their tributaries, in Rockingham County.
Sec. 3. That it shall be unlawful for any person to cut or other- Obstruction
wise cause trees, logs, brush or other obstructions to be thrown into °^ ' ^"'
Haw River or Troublesome Creek, in Rockingham County.
Sec. 4. That all persons who violate or fail to carry out the Acts declared
provisions of this act shall be guilty of a misdemeanor, and upon ™'^ emeanors.
conviction thereof shall be fined not more than fifty dollars or im- Punisliment.
prisoned not more than thirty days for each and every offense.
Sec 5. All laws and clauses of laws in conflict herewith are
hereby repealed.
Sec 6. This act shall be in force from and after its ratification.
Ratified this the 26th day of February, A. D. 1000.
CHAPTER 324.
AN ACT TO AMEND CHAPTER 853 OF THE PUBLIC LAWS
OF 1907, RELATIVE TO ROADS.
The General Asseinhhj of Xorth Carolina do enact:
Section 1. Amend by striking out section five and inserting the Organization of
following : "The justices of the peace of Pamlico County shall meet ihiproad^co^m-"^'
at some place in their township on the first Saturday in April and missioners.
organize by electing one of their number chairman and one secre-
tarj', and they shall be known as the "board of township road
commissioners," and they shall have the control of the road woi'k
in their townships. They shall see that the overseers discharge
their duty and that the road money is properly spent on the roads.
They maj', if they think best, divide the road into sections among Power to divide
themselves, so that each of them shall have their road section to ™^^ '"*° sections,
overlook. They shall make a sworn report on the condition of Reports on roads,
their roads to the board of county commissioners, through their
chairman, on the first Monday in May and October in each year.
The commissioners named in this section shall hold their first meet- Meetings,
ing on the first Satui'day in April and October, in the year one
thousand nine hundred and nine, aud semiannually thereafter.
Sec. 2. The Board of County Commissioners of Pamlico County Bridge fund.
and the chairman of the board of township road commissioners
388
1909— CiiAPTEK 324.
Apportionment
to towns.
Apportionment
for ditches and
drains.
Failure to dis-
charge duty a
misdemeanor.
Punishment.
Commissioners
exempt from road
work.
Compensation.
Commutation for
road worl<.
Allowance for
work in towns.
Responsibility of
county commis-
sioners.
Contracts for
road work.
Reports on con-
tract work.
shall ou the first Monday in May, one thousand nine hundred and
nine, and annually thereafter, set aside twelve hundred dollars to
be used to build bridges and repair the same, and pay to the in-
corporated towns one-fourth of the tax paid by the said towns
for roads to be used on the streets of said towns. They shall then
apportion the balance of the road money paid by each township
to the road sections of said townships, the said money to be used
to ditch and drain said roads.
Sec. 3. Any road commissioner or road overseer who shall fail
to discharge his duty as prescribed bj' this chapter shall be guilty
of a misdemeanor, and upon conviction in open court of the same
shall be fined not more than ten dollars nor less than two dollars
for each offense.
Sec. 4. The road commissioners shall be exempt from working
the roads, but shall give four days as road commissioners in look-
ing after the roads of their townships, free of charge ; any other
time they may use in looking after their road section the county
commissioners shall pay them such compensation as they shall see
fit to pay out of the township road money.
Sec 5. Amend section four, Laws of one thousand nine hundred
and seven, line four, by striking out "one dollar" and inserting
"seventy-five cents." Amend section six, line two, by striking out
"one dollar" and inserting "seventy-five cents." Amend section
thirteen by striking out "half," in line eighteen, and inserting
"fourth." Strike out "half," in line twenty-two, and insert "fourth."
Add the following to section thirteen : "The Board of County
Commissioners of Pamlico County shall not be in anyway respon-
sible for the keeping in repair the streets and bridges of the in-
corporated towns that have received road money provided for in
this chapter."
Sec. 6. That the board of county commissioners and the chair-
man of the township road commissioners may contract the road-
section money or have the money worked out under the supervision
of the road overseer and the township commissioners. The town-
ship commissioners shall make a report to the board of county
commissioners of the amount of work done and the class of work
done, and if they shall be satisfied that the contract has been com-
plied with, they shall order the money paid to the contractor or
the overseer that had this work done.
Sec 7. That all laws in conflict with this act are hereby re-
pealed.
Sec S. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
1909— Chapter 325. 389
I CHAPTER 325.
AN ACT PROVIDING FOR THE BETTER CONSTRUCTION
AND KEEPING IN REPAIR OF THE PUBLIC ROADS OF
WAYNE COUNTY.
cl
SI
p
The General Assembly of JS^orth Carolina do enact:
Section 1. The Board of County Commissiouers of Wayne County Power to locate or
are hereby given the power at any time to locate, relocate or ^^^^^^se roads.
ihange the line of any road, when in the judgment of said board
luch location, relocation or change will prove advantageous to
public travel, and said commissioners may in their discretion em-
ploy a competent engineer or surveyor to aid in such work.
Sec. 2. For the purpose of improving the public roads of the Entry on land for
county, the county commissioners or the superintendent of the ™^^^"^ •
county convict force, under the direction of the board of com-
missioners of said county, shall have the authority to enter upon
any uncultivated land near to or adjoining the public road, or any
improved or cultivated land, when unencumbered by cultivated
crops; to cut or carry away any timber, except trees left for
ornament or shade; to dig or cause to be dug and carried away
any stone, gravel, earth or sand which may be necessary to im-
prove or repair said roads, and to enter upon any lauds adjoining Entry for drains
or lying near the road, to make such drains or ditches through °^ ditches.
the same as may be necessary for the benefit of .the road, doing
as little injury to the land as possible; and any person willfully Obstructing
obstructing such drains or ditches shall be guilty of a misdemeanor, ^eanor.^ misde-
and on conviction thereof shall be fined not less than five dollars Punishment.
for each day such obstruction remains.
Sec. 3. Any person considering himself damaged by the removal Claims for
of earth or the cutting of timber, or by the location of any new road damages.
or the relocation of any road on his lands, as provided for in the
preceding sections, may prefer his claim before the county com-
missioners, and, when allowed by said board, such claim or any
part thereof which may be allowed shall be paid out of the general
funds of the county : Provided, that such claim for damages shall
be made within three months after the completion of said road ;
and may petition the board of county commissioners for a jury to Procedure for
assess the damages, who shall order a jury of three disinterested dama^ges.
freeholders to be summoned by the sherifi: or other lawful officer,
who shall give the landowner due notice of the time and place
when and where the said jury will meet to assess damages, if
any, over the benefits of the owner of the land ; and any landowner Right of appeal,
or the board of commissioners may appeal to the Superior ('ourt
from the findings of the jury.
Sec. 4. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the 2Gth day of February, A. D. 1909.
390
1909— Chapter 326—327.
CHAPTER 326.
AN ACT TO BETTER PROTECT THE PUBLIC ROADS IN
WASHINGTON COUNTY.
Obstruction of
ditches, runways
or streams for-
bidden.
Leaving obstruc-
tion in ditches,
runways or
streams forbidden
Violation of act
a misdemeanor.
Punishment.
The General AssemhJij of North Carolina do enact:
Section 1. That it shall be unlawful for auy person or persons
to obstruct the flow of water in any ditch, runway or stream of
any of the public roads in Washington County by placing obstruc-
tions of any kind in the same, unless such person or persons shall
remove such obstructions from such ditch, runway or stream, and
put such ditch, runway or stream in as good condition as the said
ditch, runway or stream was before the said obstructions were so
placed.
Sec. 2. That it shall be unlawful for any person or persons en-
gaged in getting logs, lumber or hauling across any ditch, runway
or stream in Washington County to leave any logs, brush or any
obstruction in any ditch, runway or stream of any public road
which might serve to stop or retard the flow of water in the same.
Sec. 3. That any person or persons violating the provisions of
this act shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than ten nor more than thirty dollars, or
imprisoned not more than thirtj' days.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 327.
AN ACT TO PROHIBIT THE SALE OR OTHER DISPOSI-
TION, FOR PROFIT, OF WINE, CIDER OR ANY INTOXI-
CANT WITHIN FOUR MILES OF ELKTON SCHOOLHOUSE,
IN DISTRICT No. 4, FOR THE WHITE RACE, IN WHITE'S
CREEK TOWNSHIP, IN BLADEN COUNTY.
Sales prohibited.
Misdemeanor.
Penalty.
The General AsseniMy of 'North Carolina do enact:
Section 1. That it shall be unlawful for any person, individual
or firm to dispose of to auy other person, for profit, any wine, cider
or other intoxicating liquor within four (4) miles of Elktou School-
house, in District Number Four.
Sec. 2. That any person, individual or firm who shall violate the
provisions of this act shall be guilty of a misdemeanor and shall
pay a penalty of not less than ten nor more than fifty dollars for
each and every separate offense, one-half of which shall be paid
1909— Chapter 327—328. 391
to the party informing and furnishing suflicient evidence to con- Division of
vict, the other half to be paid into the county treasury and snl>ject ^^'^
to the Board of Education of Bladen County, or work on the pub-
lic roads not less than ten nor more than thirty days.
Sec. 3. This act shall go into effect immediately after ratifica-
tion.
Ratified this the 26th day of February. A. D. 1909.
t
CHAPTER 328.
AX ACT TO ENCOURAGE HIGH-SCHOOL INSTRUCTION FOR
THE COUNTIES OF GRAHAM AND CLAY.
The General Assembly of North Carolina do enact:
Section 1. That when it shall appear to the county boards of Central high
education of Graham and Clay counties, or either of them, that ^^'^°°^-
it will be impracticable to establish a public high school in either
or both of said counties during that year either from lack of avail-
able funds belonging to any school district in said counties or in
the hands of the county board of education, wherewith to supple-
ment the State funds heretofore provided for the establishment of
public high schools in said counties, then and in that case it shall
be lawful for the county boards of education of Graham and Clay
counties, or either of them, to contract with the board of trustees
in charge of the public -high school now established at Andrews,
in Cherokee County, for the establishment of a central high school
at Andrews, in which all high-school students from Clay and Gra-
ham counties, or either of them, as the case may be, shall be al-
lowed to attend free of tuition, and this privilege shall also be Persons preparing
extended to all persons preparing to teach in either of said couu- *° teach.
ties.
Sec. 2. Whenever such contract as aforesaid shall have been en- Apportionment
tered into and shall have been ai)proved by the State Superintend- ^™'" State fund,
ent of Public Instruction, the full amount of State funds to which
either or both of said counties. Clay or Graham, would be entitled,
in ca.se they had established public high schools in their respective
counties, shall be paid over to the Treasurer of the Andrews School
District : Provuled, that the Board of Trustees of Andrews School Proviso: fund
District shall set aside out of its own funds an amount equal to dist"ict"'^'^^*^
that coming from either or both of said counties, or so much
thereof as may be necessary to provide instruction in the public
high-school grades to all students or those preparing to teach from
either Clay, Graham or Cherokee counties.
Sec. .3. The Board of Ti'ustees of Andrews School District are Normal depart-
hereby authorized, whenever they have sufficient funds on hand, ™^"*^-
392
1909— Chapter 328—329.
Normal teachers.
Continuance of
high school and
contracts.
Application of
general law.
after providing for elementary instruction in all their schools and
for instruction in the Andrews High School, as aforesaid, to estab-
lish a normal department in the Andrews High School. They shall
also have authority to employ one or more trained normal teachers,
whose duty it shall be to give such instruction in said normal
department in the art and i>ractice of teaching and other subjects
as may be prescribed by the State Superintendent of Public In-
struction.
Sec. 4. The Central High School at Andrews, herein authorized,
and all contracts in reference thereto, shall continue in existence
and effect until such time as there shall be established and put
into operation at least one public high school in either of said
counties of Clay or Graham.
Sec. 5. The Central High School at Andrews, herein authorized,
shall be subject .to all the provisions of the law in regard to the
establishment and operation of public high schools, except as such
laws may be modified herein.
Sec. 6. This act shall be in force from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 329.
AN ACT TO RELIEVE THE SURETY OF WILLIAM H. WORTH,
LATE STATE TREASURER, FROM ANY FURTHER LIA-
BILITY ON ACCOUNT OF HIS BONDg.
Preamble. Whereas, from January, one thousand eight hundred and ninety-
five, until January, one thousand nine hundred and one, William
H. Worth was Treasurer of this State and had in his employ one
Preamble. W. H. Martin as institutional clerk ; and whereas the said W. H.
Martin embezzled a considerable sum of money belonging to said
institutions, which was not discovered until after the said William
Preamble. H. Worth had ceased to be State Treasurer ; and whereas, upon
discovery of said defalcation, and not knowing the amount of the
same, and in order that he might protect his bondtmen, the said
William H. Worth and wife conveyed to H. W. Jackson, as trustee,
all of their property, both real and personal, without reservation,
Preamble. to be sold, if necessary, to protect his said bondsmen ; and whereas,
after an investigation, the amount of the said defalcation was
ascertained and the sum paid in full to the State by the said Wil-
Preamble. Ham H. Worth and his bondsmen ; and whereas the said William
H. Worth has fully reimbursed his bondsmen otlt of his own pri-
vate means, his trustee selling, with his consent, a portion of his
Preamble. property; and whereas, a portion of the property conveyed by the
said William H. Worth to the said H. W. Jackson, trustee, re-
1909— Chapter 329—330. 393
mained uusold at the time of the settlement between the said Wil-
liam H. Worth and his bondsmen and the State, and the same was
roconveyed to the said William H. Worth by the said H. W. Jack-
sou, trustee, with the reservation that if further liability was im-
posed upon the surety they should have recourse to said property ;
and whereas more than seven years have now elapsed since the Preamble,
settlement of the said William H. W^orth and his bondsmen and
the State, and no further liability has been imposed and no further
default discovered, and there appears to be no reasonable possi-
bility that any further liability can be imposed ; and whereas the Preamble,
reservation in the deed from the said H. W. Jackson, trustee, to
the said William H. Worth, reconveying the property, is a cloud
upon the title of the said William H. Worth and effectually pre-
vents a sale of the same by him, which he desires to make ; and Preamble,
whereas there is no reason why the State should longer hold the
bondsmen of the said William H. Worth bound for matters settled
more than seven years ago : now, therefore,
The General AssemhJ); of North Carolina do enact:
Section 1. That the sureties on the official bond of William H. Sureties relieved.
Worth, late Treasurer of this State, be and they are hereby re-
lieved, absolved and exonerated from any further liability to the
State on account of their suretyship upon said bonds.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 26th day of February. A. D. 1909.
CHAPTER 330.
AN ACT TO PAY DEPUTY SHERIFFS FOR THE COLLEC-
TION OF TAXES IN INCORPORATED TOWNS AND CITIES
OF GUILFORD COUNTY OTHER THAN THE COUNTY
SEAT.
The General AssemNy of North Carolina do enact:
Section 1. That in addition to the annual salary of the Sheriff Power to pay fees,
of Guilford County the board of commissioners are hereby granted
the power to pay such deputy sheriff as shall be selected by the
sheriff to collect taxes in said county in townships in which incor-
porated towns or cities other than the county seat are situated a
fee of ten cents for each tax receipt given to a taxpayer for the Amount,
collection of taxes.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February. A. D. 1909.
394
1909— Chapter 331—332.
CHAPTER 331.
AN ACT TO PREVENT THE OBSTRUCTION OF NATMOORE
CREEK. IN FRENCH'S CREEK TOWNSHIP, IN BLADEN
COUNTY.
Unlawful to place
obsf ructons in
creek.
Violation of act
a misdemeanor.
Penalty.
Division of
penalty.
Imprisonment.
The Gcnenil AaseiuhUj of yortlt Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to place any obstructions of any kind in Natmoore Creek, in
French's Creek Township, in Bladen County.
Sec. 2. That any person or persons violating the provisions of
this act shall be guilty of a misdemeanor and shall be punished
by being required to pay a penalty of not less than ten nor more
than fifty dollars, one-half of which shall be paid to the party
furnishing sufficient evidence to convict and the other half to be
paid to the Treasurer of Bladen County, subject to the order of
the board of education of said county, or be imprisoned not less
than ten nor more than thirty days.
Sec. 3. All laws and clauses of laws in conflict with this act be
and the same are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after
its ratification.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 332.
AN ACT AUTHORIZING THE COMMISSIONERS OF RICH-
MOND COUNTY TO EMPLOY AN AUDITOR TO EXAMINE
THE BOOKS, ACCOUNTS, RECEIPTS. ETC., OF THE SEV-
ERAL COUNTY OFFICERS OF SAID COUNTY, OR ANY OF
THEM, WHENEVER DEEMED ADVISABLE.
Employment
authorized.
Pay.
The General A-'isemhJ II of 'North CaroUiia do enact:
Section 1. That the Board of Commissioners of Richmond
County be and they are hereby authorized and empowered to em-
ploy a duly licensed auditor or expert accountant to examine and
audit the books, accounts, receipts and disbursements of the sev-
eral county officers, or any of them, at such time or times as they
may deem such examination advisable, and pay the said auditor
or accountant reasonable compensation for his services.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2(!th day of Februarv. A. D. 1909.
1909— Chapter 333—334—335. 395
CHAPTER 333.
AN ACT TO EXEMPT CERTAIN PERSONS FROM
JURY SERVICE.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand nine hundred and eighty Additional
of the Revisal of one thousand nine hundred and five be and the
same is hereby amended by inserting after the word "company,'"
in line seven of said section, the words "and all United States rail-
way postal clerks and rural free delivery mail carriers, locomo-
tive engineers and railroad conductors in active service."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February, A. D. 1909.
exemptions.
CHAPTER 334.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMIS-
SIONERS OF MACON COUNTY TO DONATE A CERTAIN
PLAT OF GROUND TO ESTABLISH A CONFEDERATE
MONUMENT THEREON.
The General AssemMy of N07th Carolina do enact:
Section 1. The Board of County Commissioners of Macon County Donation
are hereby authorized to donate for a Confederate monument a
plat of ground on the courthouse square in the town of Franklin,
North Carolina, as a site for said monument, at such point and of Location and
such dimensions as may be agreed upon by said board and the
monument association.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2t)th day of February, A. D. 1909.
CHAPTER 335.
AN ACT TO FACILITATE THE REGISTRATION OF
CONTRACTS MADE BY CORPORATIONS.
The General Assembly of North Carolina, do enact:
Section. 1. That all contracts, in writing, for the purchase of Sufficient
personal property by corporations, providing for a lien on such ^^^'^^^ '""•
property or the retention of the title thereto by the vendor as a
396
1909— Chapter 335—336—337.
securitj' for the purchase price, or any part thereof, shall be suffi-
ciently executed if they shall be signed iu the name of the corpo-
ration by the president, secretary or treasurer of such corpora-
tion in his official capacity, and may be acknowledged or proven
and ordered to registration as is provided by law for the execution,
probate and registration of deeds by natural persons.
Sec. 2. This act shall be iu force from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 336.
AN ACT TO AMEND CHAPTER 173, PUBLIC LAWS OF 1905,
TO REGULATE THE HUNTING OF PHEASANTS IN RAN-
DOLPH COUNTY.
The General Assembly of North Carolina do enact:
Time extended. Section 1. That chapter one hundred and seventy-three. Public
Laws of one thousand nine hundred and five, be amended by strik-
ing out the word "five," in line four of section one, and inserting
iu lieu thereof the word "ten," and by striking out the word "ten,"
in line five of section two of said act, and inserting in lieu thereof
the word "fifteen."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
Election
validated.
Funds to be paid
over for school
purposes.
CHAPTER 337.
AN ACT TO VALIDATE A CERTAIN SPECIAL SCHOOL-TAX
ELECTION AND TO APPROPRIATE CERTAIN MONEYS TO
THE SCHOOL FUND IN SCHOOL DISTRICT No. L MADI-
SON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That a certain special school-tax election held in
Marshall School District, Number One, Madison County, for the
white race, on the twentieth day of May, one thousand nine hun-
dred and seven, wherein a majority of the qualified voters of said
school district voted for special tax, be and the same is hereby
validated, ratified and confirmed in all respects, and is declared
to be of full force and effect.
Sec. 2. That any and all funds now in the hands of the Treas-
urer of Madison County, or any that may hereafter come into his
hands by virtue of chapter eight hundred and twelve, Public Laws
1909— Chapter 337—3.38—339. 397
of one thousand nine hundred and seven, shall be paid over to
the treasurer of the county board of education for public-school
purposes.
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 ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 338.
AN ACT FOR THE PROTECTION OF DUCKS AND SQUIR-
RELS IN GUILFORD COUNTY.
The General Assembly of North Carolina do enact:
Section 1. From and after the passage of this act it shall be Close season for
unlawful for any person in Guilford County to kill, capture or ""'^'^^•
in any manner destroy any "wood" or "summer" duck; and it
shall further be unlawful to kill, capture or in any manner destroy
any other species of wild duck between the first day of March and
the first day of October in any year.
Sec. 2. It shall be unlawful to hunt, kill, capture or in any man- close season for
ner destroy any wild squirrels between the first day of February squirrels.
and the first day of October in any year.
Sec 3. Any person convicted of violating any of the provisions Violation of act a
of this act shall be guilty of a misdemeanor and shall be fined not punlshmenr"
more than fifty dollars or imprisoned not longer than thirty days
for each offense.
Sec. 4. That all laws and clauses of laws in conflict with the
provisions of this act ai"e hereby repealed.
Ratified this the 2Gth day of February, A. D. 1909.
CHAPTER 339.
AN ACT TO PREVENT SALARIED OFFICERS AND EM-
PLOYEES FROM RECEIVING PAY AS WITNESSES IN
CRIMINAL ACTIONS IN NEW HANOVER COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That no salaried officer or employee of the city of Salaried officers
Wilmington or of the county of New Hanover shall receive com- ^ot tTrec°eTvf
pensation from the county of New Hanover for attending as a wit- compensation
. . . ° from county,
ness m any criminal action heard and tried in the Superior Court
of said county of New Hanover.
398
1909— Chapter 339—340—341.
Violation of act
a misdemeanor.
Sec. 2. Any salaried officer or employee of the city of Wilmiug-
ton or of the county of New Hanover violating this act shall be
guilty of a misdemeanor.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 2Gth day of February, A. D. 1009.
Weights and
measures retested
on complaint.
CHAPTER 340.
AN ACT TO AMEND CHAPTER 77, SECTION 3073, OF THE
REVISAL OF 1905, RELATING TO WEIGHTS AND MEAS-
URES IN THE COUNTY OF SAMPSON.
The General AsseutNy of is'orth Carolina do enact:
Section 1. That chapter seventy-seven, section three thousand
and seventy-three, of the Revisal of one thousand nine hundred
and five, be amended by inserting in lines twenty-seven and twenty-
eight, after the word "county," the word "Sampson," and by chang-
ing the word "county" to the word "counties," and by changing the
word "county," in line thirty-one of said chapter and section, to
"counties," and after the word "Wilson," in said line, insert the
words "or Sampson."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 341.
AN ACT AMENDING CHAPTER 66, SECTION 2786, OF THE
REVISAL OF 1905, RELATIVE TO FIXING THE PER DIEM
OF THE BOARD OF EDUCATION OF GUILFORD COUNTY.
The General Assembly of North Carolina do enact:
Per diem. Section 1. That chapter sixty-six, section two thousand seven
hundred and eighty-six, of the Revisal of one thousand nine hun-
dred and five, be and the same is hereby amended by striking
out, after the word "received," in line two of section two thousand
seven hundred and eighty-six, the word "two," and inserting in
lieu thereof the word "three."
Application of act. Sec. 2. That this act shall apply only to Guilford County.
Sec. 3. That all laws and clauses of laws in confiict with this
act are hereby repealed.
Sec. 4. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 26th day of February, A. D. 1909.
1909— Chaptek 342—343. 399
CHAPTER 342.
AN ACT PRESCRIBING THE METHOD OF DRAWING
.JURORS IN NEW HANOVER COUNTY AND THE QUALIFI-
CATIONS OF SAID JURORS.
The General Assembly of Noi-th Carolina do enact:
Section 1. At each term of the Superior Court held in the Special venire,
county of New Hanover there shall be a special venire of jurors,
the number of which shall be designated by the presiding judge, Number,
drawn from day to day of each term of said court, under the Drawing,
supervision of the chairman of the board of county commissioners
or some other member of said board and the clerk of said court,
by a boy of ten years of age or under, from a box containing the
names of the qualified jurors of said county, to be furnished by
the commissioners of said county ; and the said special venires
shall be drawn and the list given to the sheriff of said county on
not less than the day previous to that on which the jurors of
said special venire are required to serve. '
Sec. 2. Said jurors so drawn as aforesaid from day to day shall Regular jurors.
be regular jurors and subject only to the challenges now allowed
by law to regular jurors.
Sec. 3. All laws and clauses of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 26th day of February. A. D. ICOO.
CHAPTER 343.
AN ACT TO DIVIDE GULLEDGE TOWNSHIP. IN ANSON
COUNTY, INTO TWO VOTING PRECINCTS.
The General Assembly of North Carolina do enact:
Section 1. That Gulledge Township, in Anson County, be and Township divided,
the same hereby is divided into two election precincts by a line
as follows : Beginning at the i)oint where the line between School Dividing line.
Districts Numbers One and Four, in Gulledge Township, touches
the White Store Township line, and runs with the line of said
school districts to the point where the four Gulledge Township
school districts corner ; thence with the line between Gulledge
Township School Districts Two and Three and with the course of Precincts,
said line to the Morven Township line, and tliat territory in said
township north of said lino shall be Gulledge Election Precinct
Number One, and that territory in said township south of said
line shall be Gulledge Election Precinct Number Two.
400
1909— Chapter 343—344.
Appointment of Sec. 2. The Board of Elections of Auson County shall appoint
the necessary election otficers for each precinct and shall estab-
lish a polling place in each precinct.
Sec. 3. All laws and clauses of laws in conflict with thi.s act are
hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2Bth day of February, A. D. inon.
CHAPTER 344.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COM-
MISSIONERS OF BLADEN COUNTY TO ESTABLISH A
CHAIN GANG.
Preamble. Whereas the Board of County Comiuissioners of Bladen County
desire to be empowered . by the General Assembly of North Caro-
lina to establish a chain gang for the purpose of working certain
convicts on the public highways and bridges of said county : now.
therefore.
Prisoners availa-
ble for road work,
Prisoners to be
delivered to
superintendent of
roads.
Convicts from
other counties.
Convicts to be
sentenced to
road work.
The General Assembly of Nortli Carolina do enact:
Section 1. That all persons confined in the county jail, either by
sentence of the court for crime or imprisonment for the nonpay-
ment of fines or costs, shall be available to the county commis-
sioners for the purpose of working them upon the highways and
public roads and bridges of the county; and upon the application
of any superintendent of roads, having an order from the county
commissioners, it shall be the duty of the sheriff or jailer having
such prisoners in his custody to deliver them to the superintendent
of roads, who shall be responsible for their safe-keeping and re-
turn, and the sheriff of the county or jailer shall be exonerated
in case of the escape of any of such prisoners.
Sec. 2. That the county commissioners are hereby authorized to
accept convicts from other counties sentenced by the Superior
Court Judges, whenever in their judgment it is deemed convenient
to do so ; and the Judges of the Superior Court are hereby author-
ized to sentence prisoners from any other county for misdemeanors
and felonies not capital.
Sec. 3. That upon application of the count.v commissioners of
the county, it sliall be lawful for and the duty of judges holding
courts in said county, also the justices of the peace in said county
and mayors of incorporated towns, to sentence to imprisonment
and hard labor on the public highways and bridges of said county.
for such terms as are prescribed by law for their imprisonment
in the county jail or in the State's Prison, the following class
1909— Chapter 344. 401
of prisoners, to-wit: All persons convicted of offenses the punish-
ment whereof would be, in whole or in part, imprisonment in
the county jail or imprisonment in the State's Prison, for a term
not exceeding ten (10) years.
Sec. 4. That the convicts sentenced to hard labor shall be under Control of
the control of the county commissioners of said county, and the
said authorities shall have the power to enact and enforce all
needful rules for the working of all convicts and such guards and
other employees as may be necessary, and commit to the super-
intendent the custody of the whole or any part of the convict
force, and they may authorize and empower him to use only such Discipline,
discipline as may be necessary to carry out the rules and regula-
tions in the working of the highways and public roads or any other
uurks to which said convicts may be put by oi'der of the com-
missioners, to the same extent as is allowed by law to the author-
ities of the penitentiary in the control of convicts committed to
the State's Prison ; and the board of county commissioners, in Public works,
tlieir discretion, may work said convicts upon other public works
in said county, and whenever in their discretion it seems to them Power to hire
to be best they may hire out said convicts to any person or cor- °"^ convict^s.
poratiou and may u.se said convicts to do any work for the im-
lirovement of the county home.
Sec. 5. That for the purpose of equipping and maintaining said Safe-keeping of
<onvict system, the said commissioners are hereby authorized and P^'^'^"^'"^-
empowered to use the county jail for the safe-keeping of said
prisoners, or to build and maintain a convict camp or camps and
to provide for the keeping and maintaining of said convicts and
transporting said convicts to and from their work. The rules and
regulations enacted and enforced by the county commissioners
nmst be in accord with the rules and regulations governing the
use of convicts on public roads laid down and published by the
State Highv/ay Commission.
Sec (i. The prisoners shall do no work on the* highwaj'S or Work prescribed,
public roads unless said work has been prescribed by the super-
intendent of roads or other proper authority in the proper road
district ; and the prisoners working the public roads, in default Allowances on
of jtayment of fines or costs, shall be allowed so much per day ^"^^ °^ ^°^^'
as in the opinion of the county commissioners their services are
worth, which amount shall be credited to them on the account
charged against them. If any prisoner shall escape he shall be Escape a misde-
deemed guilty of a misdemeanor. meanor.
Sh:c. 7. Provided, that this act shall not be deemed to repeal or Effect on present
affect in any manner the pi-esent road laws for the county of ™^^ ^^^'■''•
Bladen.
Sec. 8. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
Pub.— 20
402
1909— Chapter 3i5.
CHAPTER 345.
AN ACT TO PROVIDE FOR THE WORKING OF THE PUBLIC
ROADS OF LEE COUNTY BY CONVICTS.
Work on roads or
otlier public
works.
Convicts from
otlier counties.
Convicts sen-
tenced to road
work.
Proviso: accept-
ance of convicts
discretionary.
Care, mainte-
nance, manage-
ment and work-
ing of convicts.
Safe-keeping.
Purchase of ma-
chinery and ac-
cessories.
The General Assembly of North Carolina do enact:
Section 1. Wheuever by any court of competent jurisdiction
in the county of Lee any person is sentenced to imprisonment at
liard labor, and wlieu not otlicrwise provided in said sentence,
it sliall be lawful for the board of county commissioners of said
county to require the said convict to work on the public roads of
said county or other public works therein, as designated by said
board of commissioners, and the Board of Commissioners of Lee
County are authorized and empowered to accept convicts sen-
tenced in the courts of other counties in the State of North Caro-
lina and work the said convicts upon the public roads and other
public works, as designated by the board of commissioners, in the
county of Lee, in all respects as if the said convicts were sen-
tenced by a court of Lee County, and the boards of county com-
missioners in the respective counties of the State are authorized
and empowered to deliver said convicts to the proper authorities
of the county of Lee, to be worked upon the public roads or other
public works of said county, when no other disposition of the said
convict is made in the sentence pronounced on said convict, or
when in said sentence or judgment the public roads of Lee County
are designated ; and it shall be lawful for the courts of Lee
County and of other counties in the State to sentence convicts to
hard labor on the public roads and other public works of the
county of Lee : Provided, nothing herein shall be construed to
compel the board of commissioners to accept convicts from other
counties in the State or to work the convicts of the county of Lee,
except at the discretion of the said board of commissioners.
Sec. 2. The Board of Commissioners of Lee County are autlior-
ized and empowered to make such rules and regulations for the
care, maintenance, management and working of the said convicts
as may be deemed necessary or proper, and compel obedience to
the same ; and may employ superintendents, guards, attendants and
help, as in the^udgment of the said board may be required, and
fix the compensation of the same ; and the said convicts may be
kept in the county jail or such other place or places as the board
of commissioners may provide.
Sec. 3. The board of commissioners are authorized and em-
powered to purchase such machinery, implements, tools, supplies,
equipment and accessories as may be proper or necessary to work
the said convicts or comply with this chapter and carry out the
purposes thereof, as they may deem proper to secure the best
results and to improve the said roads witli the greatest economy
1909 — Chapter 345 — 34(5. 403
and efficiency, and shall have power to make such contracts as may
be necessary or expedient to carry out the provisions of this act.
Sec. 4. When any person shall be imprisoned for the nonpay- Road work for
ment of any tine or costs, or where it is lawful to retain any per-
son in prison for the nonpayment of any flne or costs in the county
of Lee, it shall be lawful for the board of commissioners to require
the said person to work upon the public roads or other public
works of the county, at a compensation to be fixed by the said
board, the said compensation to be paid on the said flne or costs,
or both, until said fine and costs shall have been paid.
Sec. 5. When in the judgment of the said board of county Contracts for
commissioners it may be done with advantage to the county, in ^
aid of the working of the convict system hereby established or
supplemental thereto, the board of county commissioners shall
have power to contract for the laying out, working or repairing
of any road or roads or the performance of any work or labor
needed for the improvement of the said roads, and may hire out Power^to hire out
the convicts designated in this act to any township in this county '^°'^' '*^
or other county, or any county having authority to contract, at a
price to be fixed by said board of commissioners, to be worked
upon the public roads of the township or county hiring them,
upon such terms and under such regulations as the said board
may determine.
Sec. 6. To carry out the purposes of this act the board of fo^^Jptp^jSfs^
county commissioners shall have power to make appropriations
or payments out of the general public funds of the county.
Sec. 7. Any improvement upon any property of the county p^^^'^'^^^^^'''^^
designated by the board of commissioners shall be considered
public works of the county, within the meaning of this act.
Sec. S. This act shall be in force from and after its ratifica-
tion.
Ratified this the 2Gth day of February, A. D. r.)0!».
CHAPTER 346.
AX ACT AUTHORIZING THE BOARD OF COMMISSIONERS
OF CURRITUCK COUNTY TO LEVY A SPECIAL TAX.
Whereas the Board of Commissioners of Currituck has made Preamble,
certain obligations on the part of the county for the purposes
of repairing the county jail, which indel)tedncss aggregates fifteen
hundred dollars : now, therefore.
The General Afi.sembJy of North Carolina do enact:
Section 1. That the Board of Commissioners of Currituck Levy of tax
County, North Carolina, be and are hereby authorized and em- authorize .
powered to levy a special tax, not to exceed fifteen cents on each Limit.
404
1909— Chapter 346—347.
Purpose.
Levy and col-
lection.
Surplus.
hundred dollars' worth of real aud personal pi-operty and forty-
five cents on each taxable poll, for the year one thousand nine
hundred and nine, for the purpose of payin.ij off said obligation
above mentioned.
Sec. 2. That said special tax be levied and collected and dis-
bursed as other taxes are levied, collected and disbursed.
Sec. 3. Should there be any sui-plus remaining in the hands
of the county treasurer derived from said special tax after the
payment of the above-stated obligation, all such excess shall be
turned into the general fund of said county, the same to be used
for the payment of county claims.
Sec. 4. That all laws in conflict with this act are liereby re-
pealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 347.
AN ACT TO PROVIDE FOR THE LEVYING OF A TAX FOR
WORKING THE ROADS OF RUTHERFORD COUNTY.
Levy of special
tax as road fund
ordered.
Rate.
County treasurer
treasurer of road
fund.
Commission.
Accounts against
road fund.
T7ie General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Ruther-
ford County shall, in order to provide for the proper construction,
improvement and maintenance of the public roads of Rutherford
County, at their regular meeting in June, one thousand nine hun-
dred and nine, and at each regular annual meeting thereafter,
levy a special tax of not exceeding ten cents on the one hundred
dollars' worth of property, said taxes to be collected as all other
taxes are, to be kept separate in the tax books of the county
and to be set aside as a special road fund, to be used in the con-
struction, improvement and maintenance of the public roads of
the county.
Sec. 2. That the county treasurer shall be and he is hereby
appointed treasurer of the road fund of the county and of the
several townships in the same; and for the faithful keeping and
disbursing of said money the bond of said treasurer shall be liable,
and for his services in receiving and disbursing such fund he
shall receive such a commission as the board of county commis-
sioners may agree upon, not to exceed two per centum on all
moneys disbursed hereunder. He shall pay the accounts against
the road fund of the county and of the several townships, when
itemized statements of the same have been certified to by the
township board of supervisors and approved by the board of
1909— Chaptek 347—348. 405
county commissioners ; and lie shall lienor the orders of the board
of county commissioners for regular distribution of this fund to
the several townships of the county.
Sec. 3. The county treasurer of the county shall keep a separate Separate accounts,
account of the road fund of the county and each of the several
townships therein, and of his disbursements of the same, and he Monthly reports,
shall make a written report thereof to the board of county com-
missioners at their regular meetings on the first Monday in each
month ; and on the first Monday in July and January of each Semiannual
rGDorts
and every year he shall present to said board of commissioners
a written report, giving a statement of the disbursements from
the several road funds during the preceding six months, which re- Reports to be
ports or the substance thereof shall be published by said com- ^" ^^
missioners in at least one newspaper published at the county seat
for at least one insertion.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1900.
CHAPTER 348.
AN ACT PROVIDING FOR THE MAINTENANCE OF ROADS
IN BEAVER DAM TOWNSHIP, IN RICHMOND COUNTY.
BY TAXES, IF PETITIONED FOR BY A MAJORITY OF
THE QUALIFIED VOTERS.
The General Assembly of 'North Carolina do enact:
Section 1. That upon petition of a majority of the qualified Levy of special
voters of Beaver Dam Township, in Richmond County, it shall be petition '^^'^ °°
the duty of the board of county commissioners, at the time for
levying other county taxes, to levy and assess annually against
all of the real and personal property and polls in the said Beaver
Dam Township a special tax sufficient to work, maintain and
keep in repair the public roads of said township, not exceeding Rate,
forty cents on the hundred dollars' worth of property and one
dollar and twenty cents on the poll ; said special taxes to be col- Collection of tax.
lected as other taxes of the county are collected, and to be used
and disbursed upon the order of the township road commissioners
of said township, as is now provided by law for the other town-
ships in Richmond County.
Sec 2. That it shall be the duty of the said board of county Appointment of
connnissioners, upon filing of the said petition, to appoint three sionere!™™'^"
citizens of Beaver Dam Township road commissioners for a term
of two years, the said road commissioners to have full authority
406
1909— Chapter 348—3-49.
and power as is uow giA^eii by law to the road corumissiouers of
the townships in Richmond County, and their successors to be
elected as is provided for the election of road conunissioners in the
other townships of said county.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this tlie 2<)th day of February, A. D. lOOn.
CHAPTER 349.
AN ACT FOR THE RELIEF OF THE COUNTY BOARD OF
EDUCIATION OF ROBESON COUNTY.
Preamble. Whereas, on July eleventh, one thousand nine hundred and
three, the County Board of Education of Robeson County did
purchase from A. L. and W. F. Bullock a certain lot in the
town of Rowland, in said county, for the use of "White Public-
school District Number One, of Thompson's Township, as will
fully appear from the deed for said lot, which is registered in
the office of the Register of Deeds of Robeson County, in book
R R R R, at page eighty-eight, the said lot being bounded and
described as follows: "Lying west of the canal, bounded on the
north by the extension of Church Street and on the east by the
Bullock lands, on the south by the extension of the next street
south of Church Street and parallel with it, and on the west
by the Bullock lands; beginning at a stake on the extension
of Church Street and running thence in a westerly direction,
parallel with said street, two hundred and forty-nine feet to a
stake; thence in a southerly direction three hundred feet to a
stake; thence in an easterly direction two hundred and ninety-
four feet, parallel with the street next south of Church Street,
extended, to a stake; thence in a northerly direction three hun-
dred feet to the beginning ; being a portion of the lands purchased
Preamble. from D. F. McCormick" ; and whereas, after the purchase of the
said lot, the said school district borrowed from the school fund
of the State of North Carolina the sum of one thousand dollars, to
be used in the erection of a school building upon said lot; and
Preamble. whereas the following-named persons also made voluntary con-
tributions toward the erection of the said school building, with the
understanding that in case said property should cease to be used
for school purposes or should be sold, then they would be entitled
to be repaid the amounts so contributed by them ; the names of
the persons contributing toward the erection of said building, with
the amounts contributed by them, being as follows, to-wit: A. L.
Bullock, one hundred dollars; J. B. McLeod, fifty dollars; W. E.
Evans, ninety-five dollars ; H. K. McCormick, one hundred dollars ;
1909— Chapter 340. 407
A. T. McKellar. forty dollars; D. F. McCormick. fifteen dollars;
J. R. Johnson, five dollars; D. J. Watson, five dollars; P. H.
Barnes, fifty dollars; M. Lytch, fifteen dollars: D. J. Neal, ten
dollars ; Mrs. A. C. McLean, ten dollars ; Mrs. 'SI. J. LeGette, five
dollars: W. T. Walker, fifteen dollars: W. H. McCallum, twenty-
five dollars; E. M. Hines, fifty dollars; C. J. MeCalhnn. five dol-
lars ; J. A. McEacliern, ten dollars ; W. J. Faircloth. fifteen dollars ;
D. W. Fairclotli, five dollars; Dr. H. Reedy, five dollars; W. L.
Townsend, twenty-five dollars ; L. Z. Hedgpeth, fifty dollars ; Mrs.
I. F. McQueen, twenty-five dollars: R. L. Rogers, fifteen dollars;
A. H. Webster, two and one-half dollars; Mrs. R. Alford, fifteen
dollars ; W. W. Webster, five dollars ; and whereas, by act of the Preamble.
General Assembly of North Carolma, at the session of one thou-
sand nine hundred and seven, the said town of Rowland and
certain other territory which was formerly contained in White
Public-school District Number One. of Thompson's Township, was
created and made a graded-school district, and bonds have been
issued and a graded-school building has been erected ; and whereas, preamble,
on account of the establishment of the said graded-school district,
it is no longer necessary to use the public-school property herein-
before referred to for school purposes, and the same now remains
unoccupied and of no use, either to the said public or to said
graded-school district ; and whereas it is the desire of the school Preamble,
committee of said public-school district and of the citizens of the
town of Rowland and of the trustees of said graded-school district
and .also of the County Board of Education of Robeson County
that the said property be sold and the proceeds used as hereinafter
set forth ; and whereas there now remains a debt upon the said Preamble,
property of five hundred and sixty dollars, due the school fund
of North Carolina, this being the balance due upon the loan of one
thousand dollars made to said district, as hereinbefore set forth ;
and whereas, the graded-school district at Rowland has purchased Preamble,
desks for said school and thereby incurred a debt in the sum of
six hundred dollars ; and whereas it is just that upon a sale of preamble,
the said property the proceeds be first applied towai*d the liquida-
tion of the debt due the State of North Carolina ; and whereas it preamble.
is also just and equitable that, after a settlement of the said debt
due the State of North Carolina, and after the said parties have
been paid the amounts set out in the preamble hereof, the said
persons being now taxed for the support of the said school dis-
Itrict ; and whereas it is but just and equitable that any surplus Preamble,
which might remain after paying the amounts hereinbefore set out.
that the balance remaining should be applied to the purchase of
desks for the said graded school : therefore.
The General Assembly of North Carolina do enact:
Section 1. That the County Board of Education of Robeson sale of land
County be and they are hereby authorized, empowered and directed ^-uthonzed.
408
1909— Chapter 349.
Advertisement
of sale.
Proviso: time for
advertisement.
Land sold to
highest bidder.
Deed to pur-
chaser.
Application of
proceeds of sale.
Board of Educa-
tion to advertise
sale.
to forthwitii sell the laud described iu the preamble hereto (being
the same laud as was conveyed by A. L. and W. F. Bullock to
the Couutj' Board of Education of Robeson County by deed, dated
July eleventh, one thousand nine hundred and three, and registered
in the register's office of Robeson County, ih book R R R R, at
page eighty-eight), at public auction, to the highest bidder, for
cash, at the courthouse door in Lumbertou, North Carolina ; said
sale to be made after having first advertised the time, place and
terms of sale at the courthouse door and four other public places
in said county for thirty days immediately preceding the said sale,
and also for four weeks in some newspaper published iu said
county, to be selected by the said County Board of Education of
Robeson County : Provided, it shall be the duty of the said board
to advertise the said sale within thirty days after the ratification
of this act.
Sec. 2. The said land shall be sold to the highest bidder at said
sale, and upon the payment by him to the said County Board
of Education of Robeson County of the amount of his said bid the
said County Board of Education of Robeson County shall execute
and deliver to the said purchaser or his assigns a deed conveying
to him and his heirs and assigns the said land in fee simple, and
the said deed shall be executed by said board in the manner
prescribed by law.
Sec. 3. The proceeds derived from the sale of said land shall
be held by the said county board of education and shall be applied
as follows : There shall first be paid to the State of North Caro-
lina the balance due said State by White Public-school District
Number One, of Thompson's Township, to-wit, the sum of five
hundred and sixty dollars ; there shall next be paid the amounts
to the persons as set out in the preamble hereof. If, after paying
the amounts hereinbefore set forth, there shall remain any surplus,
then the amount of such surplus shall be paid to the treasurer of
the graded school of the town of Rowland, to be applied on the
debt due bj^ said graded school for desks.
Sec. 4. It shall be the duty of the said County Board of Educa-
tion of Robeson County, wathin thirty days after the ratification
of this act, to proceed to advertise said land for sale in accordance
with the terms and provisions of this act, and the said sale shall
be held and the proceeds of sale collected as expeditiously as pos-
sible.
Sec. 5. All laws and clauses of laws in conflict with this act
be and the same are hereby repealed.
Sec. 6. This act shall be in force from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
1909— Chapter 350. 409
CHAPTER 350.
AN ACT TO CONFER POLICE POWERS ON SHERIFFS AND
CONSTABLES AT GLEN RAVEN MILLS, BURLINGTON
TOWNSHIP, ALAMANCE COUNTY, AND TO PROHIBIT
DRUNKENNESS THERE.
The General Assembly of North Carolina do enact:
Section 1. That it shall be the duty of the sheriff or deputy Powers of deputy
sheriffs iu Alamance County living and residing at Glen Raven g^^^Jg^"^^ ^°'
Mills, Burlington, Alamance County, or those appointed by the
Sheriff of Alamance County for that section of said county in
which Glen Raven Mills is situated, and the constable of Burling-
ton Township, in said county, and he or they shall have power
and authority to suppress all disturbances of the quiet and good
order of and in the village of Glen Raven and on the premises of
Glen Raven Cotton Mills Company, in said county, and to arrest
all offenders against the same, and to prevent as far as possible .
all injury to property in said village and on the above-mentioned
premises. Said sheriff' or deputy sheriff's and constables shall have Power to summon
authority and power, if resisted, in the execution of his or their a-ssistance.
official duties, to summon a sufficient number of men to aid him
or them in enforcing the law ; and if any person so summoned shall
refuse to assist, the said sheriff or deputy sheriff's or constables are
hereby required to report the name of such person to the proper
authorities, to the end that he may be dealt with as the law
directs. Said sheriff or deputy sheriffs and constable shall have Power to enter
the power to enter the enclosures and houses of any person in w^arrafu! ^' °^
the aforesaid premises, without warrant, when he or they have
good reason to believe that a felony or infamous crime has been
or is about to be committed, for the apprehension of any person so
offending, and if necessary to summon a posse to aid him or them,
and all persons so summoned shall have like authority to enter
and arrest. Any person arrested by said sheriff, deputy sheriffs or Detention of
constable for any offense shall as soon as practicable be taken without warrant.
before some justice of the peace of Alamance County, where and
when formal complaint shall be lodged against such person, as
prescribed by law, to the end that such person may have a speedy
trial and be dealt with as the law directs ; and in the meantime,
and until the case is disposed of, such persons so under arrest may
be detained and confined in a guardhouse or calaboose provided
for that purpose, by any of said officers, unless bail is given as
prescribed by law.
Sec. 2. Such sheriff or deputy sheriffs and constables shall have Powers as police-
the same power and authority in the said village of Glen Raven ™®°"
Cotton Mills and on said promises as policemen in incorporated
cities and towns of this State have and exei-cise in said cities and
towns.
410
1909— Chaptek 350—351—352.
Badges to be
worn.
Public drunken-
ness a misde-
meanor.
Punishment.
Sec. 3. Sucli sheriff or deputy sheriffs and constable, when on
duty, shall severally wear a metallic shield with the word "Police-
man" inscribed thereon, and the said shield shall always be worn
in plain view, except when employed as detectives.
Sec. 4. That every person found drunk on the streets or roads or
in any public place in said village of Glen liaven Cotton Mills or
in any public place on said premises within one mile of Glen Raven
Methodist Protestant Church, or drunk or staggering along said
streets or roads, shall be guilty of a misdemeanor, and upon con-
viction shall be fined not less than two nor more than ten dollars
or imprisoned not more than ten days.
Sec. 5. That this act shall be in force and effect from its ratifica-
tion.
Ratified this the 2Gth day of February, A. D. 1900.
Close season.
Killing while
depredating upon
corn crops.
Misdemeanor.
Punishment.
CHAPTER 351.
AN ACT TO REGULATE THE SHOOTING OF SQUIRRELS IN
CURRITUCK COUNTY.
The General Assembly of North Carol iini do enact:
Section 1. That it shall be unlawful for anyone to shoot or in
any manner capture any squirrels in Currituck County between
the thirty-first day of March and the first day of October in each
year.
Sec. 2. That this act shall not prohibit the killing of squirrels
while depredating upon the growing corn crops in said county.
Sec. 3. That anj^one violating the provisions of this act shall be
guilty of a misdemeanor, and upon conviction fined at the dis-
cretion of the court.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1009.
Discontinuance
authorized.
CHAPTER 352.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF RAN-
DOLPH COUNTY TO DISCONTINUE WORKING CONVICTS
ON THE PUBLIC ROADS.
The General AsseniNy of North Carolina do enact:
Section 1. That the county commissioners of Randolph County
are hereby authorized, if they think proper, to discontinue woi'k-
1909— Chapter 352—353. 411
ing convicts on the public roads of said county, under the pro-
visions of chapter fifty-three, Public Laws of one thousand eight
hundred and ninety-five.
Sec. 2. That if the commissioners of said county should decide to Petition for trans-
discontinue the working of said convicts, they shall make ap- ^^^ °^ convicts,
plication by petition to the judge holding court in the Tenth
Judicial District, at chambers, to be permitted to transfer the con-
victs working on the roads in liandolph County to the roads of
some other county in the Tenth Judicial District, and the judge Order for transfer,
holding the courts in said district, upon said application, is author-
ized and empowered to make an order transferring the convicts
to such other county in the Tenth Judicial District as in his judg-
ment is proper and right.
Sec 3. That this act shall be in force from and after its ratifica-
tiim.
Katified this the 26th day of February, A. D. 1909.
CHAPTER 353.
AX ACT TO REGULATE THE TIMES OF HOLDING THE
SUPERIOR COURTS OF BLADEN COUNTY.
Tlie General Asscmhly of North Carolina do enact:
Section 1. That the regular terms of the Superior Court for the Terms,
county of Bladen, in the Seventh Judicial District, for every year,
shall be held on the first Monday after the first Monday in March,
the sixth Monday after the first Monday in September, each to
continue one week, for the trial of criminal cases ; the sixth Mon-
day before the first Monday in March, the fifth Monday before the
first Monday in September, each to continue one week, for the
trial of civil cases exclusively.
Sec. 2. That the county commissioners of Bladen County, at County commis-
least twenty days before the terms of court commencing the sixth ju°ors? *° ^^"^
Monday before the first Monday in March and the fifth Monday
before the first Monday in September in each year, shall cause to
be drawn from the jury box not less than eighteen scrolls, and the
persons whose names are inscribed on said scrolls shall serve as
jurors at the said terms of the Superior Court. The presiding Additional jurors.
judge at said terms may in his discretion direct the sheriff to
summon such additional jurors for the term as may be necessary
for the proper dispatch of the business before the court.
Sec. 3. Civil process may be returnable to and pleadings filed at Keturn of civil
all terms of court herein designated civil trials which do not re- P™'^^'^-''-
412
1909 — Chapter 353 — 354 — 355.
Civil actions at
criminal terms.
When act
effective.
quire a jury- Motions and divorce cases may be lieard at such
criminal terms, and any other civil actions may be heard, by
consent, at such terms.
Sec. 4. That all laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 5. That this act shall be in force from and after the first
day of July, one thousand nine hundred and nine.
Ratified this the 26th day of February, A. D. 1909.
Office abolished.
Application.
CHAPTER 354.
AN ACT TO ABOLISH THE OFFICE OF STANDARD KEEPER
IN CAMDEN COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the ofHce of standard keeper is hereby abolished.
Sec. 2. That this act shall apply only to Camden County.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
Assignments of
convict force.
Road duty.
CHAPTER 355.
AN ACT TO AMEND CHAPTER 258 OF THE PUBLIC LAWS
OF 1905, WHICH RELATES TO THE WORKING OF THE
PUBLIC ROADS OF CUMBERLAND COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section five (5) of chapter two hundred and
fiftj'-eight (258) of the Public Laws of the session of one thousand
nine hundred and five (1905) be amended by striking out all of
said section after the word "that," in line four (4) thereof, and
inserting in lieu thereof the following : "The said board of com-
missioners, in their discretion, may assign the county convict
foi'ce to work, repair, improve or rework any of the public roads,
highways, streets or other public works in Cumberland County,
wherever and whenever they may deem such work necessary."
Sec. 2. That an additional section be added to said chapter,
reading : "The said board of commissioners may require all road
overseers to cause each and every person liable for road duty in
his district to work the full six (6) days in each year; and in case
of storms, washouts or other unusual casualties, may also require
such additional time as is necessary to make repairs in the public
roads."
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
1909— Chaptek 356. 41J
CHAPTER 356.
AN ACT TO PROVIDE A METHOD OF PROVIDING JURIES
FOR THE SUPERIOR COURTS OF CLEVELAND COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the manner of di-aw;ing. juroi-s. as set forth in ^^"^'"fj^^^"' "'"^
section one thousand nine hundred and fifty-eight (1958) and
section one thousand nine hundred and fifty-nine (1959) of the
Revisal of one thousand nine hundred and five of North Carolina,
shall no longer apply to the courts to be held in the county of
Cleveland.
Sec. 2. The board of commissioners of the county of Cleveland. Jury lists by
townships,
at their regular meeting on the first Monday in June, the year
one thousand nine hundred and nine, and every two years there-
after, shall cause the names on a jury list for each township to
be written on small scrolls of paper of equal size and put into
eleven boxes procured for that purpose, which said boxes shall be
numbered from one to eleven, inclusive, and these eleven boxes
shall be placed in a large box, marked "A," which said large box Box " A."
shall have two locks, one to be kept by the sheriff of the county
and the other to be kept by the chairman of the board of county
commissioners. There shall be provided by the board of county
commissioners another large box, marked "B," which said box Box " B."
shall have two keys, as provided for box "A," and shall have a
slot in the top thereof.
Sec. 3. That at least twentv davs before any regular or special Jurors drawn
from box A."
term of Superior Court to be held in said county the commissioners
shall cause to be drawn from the eleven jury boxes contained
in the box marked "A," by a child not more than ten years of age,
thirty-six scrolls, and the persons whose names are inscribed on
said scrolls shall serve as jurors at the terms of said Superior
Courts for which they are drawn, and the scrolls so drawn to make Names returned
the jury shall be put in the box marked "B." The said com- juror's for second
missioners shall at the same time and in the same manner draw week.
the names of eighteen persons, who shall be summoned to appear
and serve during the second week of a term of said court, unless
the judge thereof shall sooner discharge all jurors from further
service ; and the trial jury which has served during the first week
shall be discharged by the judge at the close of said week, unless
the said jury shall be then actually engaged in the trial of a case,
and then they shall not be discharged until the trial is determined :
Provided, that in the drawing of all jurors for the said courts of Proviso: jurors
proportioned to
Cleveland the said board of commissioners shall draw, as near as townsliips.
practicable, from each township its proportion of the whole number
drawn, according to the proportion of the population of said town-
ship, as set forth in the last printed census returns of the popula-
tion of the county.
414
1909— Chapter 356—357—358.
Reference to
Revisal.
When act
effective.
Sec. 4. Tliat wherever reference is made iu chapter fortj'-live
of Revisal of one thousand nine hundred and five of North Caro-
lina (except in sections one thousand nine hundred and fifty-
eight and one thousand nine hundred and fifty-nine, which do not
apply to this act) to partition marked "Number One," it shall be
deemed and held to refer to box "A," and partition marked
'"Number Tvi'o" to box "B."
Sec. 5. That this act shall apply only to Cleveland County.
Sec. 0. That this act shall be in force from and after the first
.Monday in May, one thousand nine hundred and nine.
Ratified this the 26th day of February, A. D. 190J3.
CHAPTER 357.
AN ACT TO PROHIBIT THE SETTING OF STEEL TRAPS ON
THE LANDS OF ANOTHER.
Setting steel traps
or deadfalls for-
bidden.
Sampson county.
Misdemeanor.
Punisliment.
The General AsscniNy of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons,
firm or corporation to set any steel trap or traps or deadfall on
the lands of another iu the county of Sampson.
Sec. 2. That any person or persons, firm or corporation violating
the provisions of this act shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not more than fifty dollars
or imprisoned not more than thirty days.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2Gth day of February, A. D. 1909.
CHAPTER 358.
AN ACT TO AMEND CHAPTER 462, PUBLIC LAWS OF 1903,
SO AS TO PROVIDE COURT STENOGRAPHERS FOR RAN-
DOLPH COtJNTY.
The General Asseinhly of North Carolina do enact:
Counties added. SECTION 1. That chapter four hundred and sixty-two. Public
Laws of one thousand nine hundred and three, be amended by
striking out the word "county," in line two of section one, and
inserting in lieu thereof the words "Montgomery and Randolph
counties."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2Gth day of February, A. D. 1909.
1909 — Chaptek 359. 415
CHAPTER 359.
AN ACT TO PROVIDE FOR THE APPROPRIATION OF CER-
TAIN MONEYS BELONGING TO MARK'S CREEK TOWN-
SHIP. IN WAKE COUNTY.
Wlierea.s. iiuder the power and. authoritj' contained in chapter Preamble,
one. Private Laws of one thousand nine hundred and three, the
people in Mark's Creek Township, in Wake County, voted to
issue eight thousand dollars of bonds in aid of the construction
of the Raleigh and Pamlico Sound Railroad, and said bonds were
duly issued in pursuance of said authority ; and whereas, since Preamble,
the issue of said bonds, a tax has been duly levied and collected
iu said township, under the authority of said act, to meet the
interest on said bonds and create a sinking fund for the same ;
and whereas said bonds have since been retired and canceled, under Preamble,
an agreement with said railroad, made in pursuance of the author-
ity contained in chapter nine hundred and thirty-four of the Laws
of one thousand nine hundred and seven ; and whereas there now Preamble,
remains in said sinking fund provided to meet said bonds at their
maturity the sum of one thousand one hundred and two dollars,
and no authority in law exists whereby the same may be expended
or appropriated for the use of the people in said township; and Preamble,
whereas it is the desire of the people of said township that some
provision of law shall be made to authorize the expenditure of
said money on the roads and schools in said township:
The General Ass-cmhly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Wake Fund to be turned
,, ^ , ^, ^ „ ., , . . - ., over to township
County and the treasurer of said county, as commissioner of said road fund.
sinking fund for said bonds, or any other officer or person having
the custody of- said fund, shall be and the same are hereby author-
ized and empowered to turn over the sum remainiug in said sink-
ing fund after first paying all such reasonable charges and expenses
as are authorized to be paid under chapter nine hundred and
thirty-four, Laws of one thousand nine hundred and seven, to the
credit of the Board of Road Trustees of Mark's Creek Township,
appointed under the provisions of chapter . . . ., Laws of one thou-
sand nine hundred and nine, to be used aud expended by said
trustees upon the public roads of said township in their dis-
cretion.
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the 20th day of February, A. D. 1900.
416
1909— Chapter 360.
CHAPTER 360.
AN ACT TO PROVIDE FOR THE APPROI»RIATION OF CER-^
TAIN MONEYS BELONGING TO RT. MATTHEW'S TOWN
SPIIP. IN WAKE COUNTY.
Preamble.
Preamble.
Preamble.
Preamble.
Preamble. Whereas, under the power and authority contained in chapter
one. Private Laws of one thousand nine hundred and three, the
people in St. Matthew's Township, in Walce CJounty, voted to issue
five thousand dollars (.$,5,000) of bonds in aid of tile construction
of the Raleigh and Paralico Sound Railroad, and said bonds were
duly issued in pursuance of said authority; and whereas, since
the issue of said bonds, a tax has been duly levied and collected
in said township, under the authority of said act. to meet the-
interest on said bonds and create a sinking fund for the same;
and whereas said bonds have since been retired and canceled,
under an agreement with said railroad, made in pursuance of the
authority contained in chapter nine hundred and thirty-four of
the Laws of one thousand nine hundred and seven; and whereas
there now remains in said sinking fund provided to meet said
bonds at their maturity about the sum of nine hundred and
thirty-five dollars ($935), and no authority in law exists whereby
the same may be expended or appropriated for the use of the
people in said township ; and whereas it is the desire of the
people of said township that some provision of law shall be made-
to authorize the expenditure of said money on the roads and
schools in said township :
The Oeneral AssemUy of North Carolina do enact:
Section 1. That the Board of County Commissioners of Wake
County and the treasurer of said county, as commissioners of said
sinking fund for said bonds, or any other officer or person having
the custody of said fund, shall be and the same are hereby author-
ized and directed to turn over one-half the sum remaining in said
sinking fund, after first paying all such reasonable charges and
expenses as are authorized to be paid under chapter nine hundred
and thirty-four, Laws of one thousand nine hundred and seven,
to the credit of the Board of Road Trustees of St. Matthew's Town-
ship, appointed under the provisions of chapter . . . . , Laws of one
thousand nine hundi-ed and nine, to be used and expended by said
trustees upon the public roads of said township in their discretion ;
One-half to school that the other half of said moneys be turned over to the credit
""^ ■ of the school fund of said township, to be apportioned by the county
board of education among the school districts of said township
as may seem to them just and proper.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 26th day of Februarv, A. D. 1909.
One-half to road
fund.
1909— Chaptek 361—362. 417
CHAPTER 361.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF MOORE COUNTY TO HIRE OUT CONVICTS ASSIGNED
TO WORK UPON ANY ROADS OF SAID COUNTY.
The General AssemNy of North Carolina do enact:
Section 1. That the Board of Commissioners of Moore Coiiuty, Hiring to town-
, ,, , 1 . , , ships or other
at auy time when in their judgment it shall be advisable, are counties.
hereby authorized to hire out to any township in Moore County,
or to any township in any other county in North Carolina, or to
any other county in said State, any convicts which now are or
may hereafter be assigned to work upon any of the public roads
of Moore County under the provisions of chapter five hundred and
eighty-one, Public Laws of one thousand eight hundred and ninety-
nine: Provided, that nothing herein shall be construed to change
the nature of the employment of such prisoners or the terms of
their imprisonment.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February. A. D. 1009.
CHAPTER 362.
AN ACT TO REPEAL CHAPTER 74, PUBLIC LAWS OF 1908.
ENTITLED "AN ACT TO AUTHORIZE THE COMMIS-
SIONERS OF LINCOLN COUNTY TO ISSUE BONDS TO
MACADAMIZE AND IMPROVE THE PUBLIC ROADS
THEREOF."
The General Assembly of NortJi Carolina do enact:
Section 1. That chapter seventy-four. Public Laws of one thou- Law repealed.
sand nine hundred and eight, entitled "xVn act to authorize the com-
missioners of Lincoln County to issue bonds to macadamize ahd
improve the public roads thereof," be and the same is hereby
repealed.
Sec. 2. That this act be and the same is in full force and effect
from and after its ratification.
Ratified this the 2r;th day of February. A. D. 1900.
Pub.— 27
418
1909— Chapter 363.
CHAPTER 363.
AX ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF RICHMOND COUNTY TO ISSUE BONDS.
Purpose of issue.
Interest.
Amount.
Denominations.
Receivable for
county taxes.
Authentication.
Records to be
kept.
Destruction of
redeemed bonds.
Date of bonds.
Maturity.
Coupons to be
detached.
Special tax.
The General Assembljj of North Carolina do enact:
Section 1. That for the purpose of settling the indebtedness and
necessary expenses of Richmond County the board of commis-
sioners of said county is authorized and empowered to issue bonds,
bearing interest at the rate of five per centum (5%) per annum,
to the amount of twenty thousand dolhirs, or such amount thereof
as may be necessary, in denominations of five hundred dolhars each,
to each and every of which shall be attached coupons represent-
ing the interest on said bonds, which said coupons shall be due
and payable on the first day of January and July of each year
until the said bonds shall become due ; that the bonds so issued
by the said board of commissioners shall be numbered consecutively
from one to fifty, and the coupons shall bear the number cor-
responding to the bond to which they are attached and shall de-
clare the amount of interest which they shall represent and when
the interest is due, and shall be receivable iu payment of all county
taxes.
Sec. 2. That the bonds shall be signed by the chairman of the
board of county commissioners and countersigned by the register
of deeds, and the official seal of the board of county commissioners
shall be attached thereto.
Sec. 3. That the commissioners of said county shall provide
a record, which shall be kept by their clerk, in which shall be
entered the name of every purchaser of a bond and the number
of the bond purchased. They shall also cause to be kept an
accurate account of all the interest paid and a record of the bonds
redeemed.
Sec. 4. That the bonds, wlieu redeemed and recorded, shall be
destroyed by fire, iu the presence of the board of commissioners,
by some one of its number or by the clerk, under the direction of
the board.
Sec. 5. That said bonds shall be dated as of the first day of
January, one thousand nine hundred and nine (1900), and shall
be due and payable at the expiration of thirty years from and
after said date ; and when said bonds are sold the coupons calling
for the interest accrued between date of said bonds and the
July or January nearest the date of sale of the same shall be
detached.
Sec. 6. That the commissioners of said county are hereby author-
ized, at the time of levying other county taxes, to levy annually
an additional special tax sufficient in amount to pay the interest
on said bonds, together with the costs and charges incident to
said tax, upon all subjects of county taxation in said county, as
1909— Chapter 363. 419
aforesaid, uutil the flual paymeut of said bouds shall be provided
for. maintaining the constitutional equation between property aud Constitutional
.. equation.
Sec. 7. That for the purpose of creating a sinking fund to pay Special tax for
at maturity the bonds issued under this act the commissioners ^'"'^'"s fund,
of said county, at the regular time for levying other county taxes
for the year one thousand nine hundred and eighteen (1018), and
annually thereafter for twenty years, are hereby authorized to
levy a special tax which shall be sufficient to raise a sum equal
to one-twentieth of the whole amount of the bonds issued under
this act, together with the costs and charges incident to said
special tax, upon all subjects of county taxation in said county,
as aforesaid, maintaining the constitutional ecjuation between prop- Constitutional
erty and poll. The moneys raised by this special tax shall be investments of
kept separate aud distinct from any other funds, and the board of sinking fund.
commissioners of said county may use the same from time to
time in purchasing, before maturity, any of the bonds outstanding
issued under this act — provided they can obtain the same at a fair
aud reasonable price — or may deposit the said sinking fund from
time to time in any banking institution or trust company in North
Carolina of approved standing and solvency, at the prevailing rate
of interest for such deposits, or said board may invest said fund
in North Carolina State bonds or bonds of the United States.
Sec. S. That the said special taxes shall be collected by the Collection of tax.
sheriff of tlie 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 ;
and said taxes shall be used only for the purposes for which the Specific appropri-
sjiecial taxes are levied, as set forth and provided for in sections ^ ^°""
six and seven of this act : Provided, however, that if there is any Proviso: surplus.
.1 mount over, after all bonds herein provided for and issued, to-
i^ether with the interest on the same, and all costs incident to the
siiecial taxes as provided for are paid, the same shall be turned
over to the public-school fund of Richmond County.
Sec. 9. That the said bouds aud proceeds arising from the sale Application of
of the same shall be used hy the board of commissioners for the P™^^^ ^•
following purposes, to-wit : The payment of outstanding courthouse
bonds, the payment of outstanding county-home bonds, the pay-
ment of outstanding floating-debt bonds and for the payment of all
other outstanding county indebtedness for necessary expenses.
Sec. 10. That the proceeds arising from the sale of said bonds Keeping and pay-
shall be received and held by the Treasurer of Richmond County. ™*'"^ °^ ^""^'
and i)aid out only upon the warrant of the bf)ard of county com-
missioners.
Sec. 11. That all laws and clauses of laws in conflict with the
provisions of tliis act be and the same are hereby repealed.
Sec. 12. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February, A. D. 1909.
420
1909— Chapter 364 — 365.
CHAPTER 364.
AN ACT TO AMEND SECTIONS 2GS() AND 2712 OF THE RE-
VISAL OP 1905, CONCERNING MEETINGS OF TOWNSHIP
BOARDS OF SUPERVISORS.
Time of filing
petition.
Special meetings
of supervisors.
Proviso: quorum
of supervisors.
The Oeiieral Assembly of North Carolina do enact:
Section 1. That section two thousaud six Iiundvetl and eighty-
six of the Revisal of one thousaud nine hundred and five be
amended by inserting after the word "townshii)" and before the
word "praying," in line seven, the words "at a regular or special
meeting."
Sec. 2. That section two thousand seven hundred and twelve
of said Revisal be amended by adding after the woi'd "township,"
in line six, the following words : "and may hold special meetings
at other times, upon ten days' written notice by the chairman to
each member of the board, stating the time and place of such
meeting."
Sec. 3. That said section two thousand seven hundred and
twelve be further amended by adding at the end thereof the fol-
lowing words : "Provided further, that where said board is com-
posed of more than three members it shall take three members to
constitute a quorum of said board for the transaction of business."
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 365.
AN ACT TO AMEND SECTION 2944 OF THE REVISAL OF
1905, RELATING TO HOLDING MUNICIPAL ELECTIONS
IN THE COUNTY OF RANDOLPH.
Randolpli
stricken out.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand nine hundred and forty-
four of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by striking out the word "Randolph,"
in line six thereof.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
1909— Chaptee 366—367. 421
CHAPTER 366.
AN ACT TO AI'THOEIZE THE BOARD OF COMMISSIONERS
OF GREENE COUNTY TO LEVY A SPECIAL TAX.
The General Assemhhj of North Carolina do enact:
Section 1. That the Board of Commissiouers of Greene County Levy of tax
be and they are hereby authorized, for the purposes hereinafter authorized,
named, to levy a special tax for the years one thousand nine hun- Years,
dred and nine and one thousand nine hundred and ten, respectively,
at the time for levying the general taxes for said county, which
special taxes shall be levied upon taxable property and polls and
other subjects of taxation in said county, and may amount to, but Amount.
shall not exceed, the sum of ten thousand dollars; and that one-
half of the same be levied and collected in each of said years, ob-
serving the equations prescribed in the Constitution.
Sec. 2. That the said special taxes are authorized and are to Purpose of levy.
be levied and collected only for the purposes of paying off the
indebtedness for the construction and repairing of county bridges,
highways and public buildings of said county, and for making
necessary provisions to secure the public health in said county.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1009.
CHAPTER 367.
AN ACT TO CONFER POLICE POWERS ON DEPUTY SHER-
IFFS AT LONGIIURST, IN PERSON COUNTY, AND TO PRO-
TECT PROPERTY AND PRESERVE THE PEACE OF SAID
VILLAGE.
The General Assembly of North Carolina do enact:
Section 1. That whenever it shall be necessary for the preserva- Power of arrest
tion of the public peace, good order and decency, or the protection ^^'^hout warrant,
of life, liberty, person or property of individuals in the village of
Longhurst. situated in Person County, or in one mile of the cotton
mills erected in Longhurst, the deputy sheriff or deputy sheriffs ap-
I)ointed by the Sheriff of Person County, living and residing in
Roxboro, shall have power and authority and it shall be the duty
of said deputy sheriff to arrest the body of parties violating the
law in Person County in one mile of said cotton mills, without war-
rant, and take such person or persf)ns before the justice of the
peace residing in Longhurst, Person County, when and where
formal complaints shall be made against such offenders, as is
L
422
1909— Chapter 307.
Confinement of
persons arrested.
Suppression of
disturbances and
prevention of
injuries to prop-
erty.
Power to summon
assistance.
Refusal to aid
officer a misde-
meanor.
Punishment.
Public drunken-
ness a misde-
meanor.
Punishment.
Use of vulgar or
obscene language
a misdemeanor.
Punishment.
Warrants for
evidence as to
suspected dis-
orderly places.
Person giving
evidence not
indicted.
prescribed by law, to the end that such persons may have a
speedy trial and be dealt with as the law directs. The said of-
ficer shall likewise have authority and it shall be his duty to ar-
rest the body of all persons violating the law in Person County,
lying within one mile of Longhurst, without warrant, and take
such persons before the nearest magistrate residing in Person
County, when and where formal complaint shall be made against
such offenders, as Is prescribed by law, to the end that such per-
sons may have a speedy trial and be dealt with as the law directs.
And in the meantime, and until the case of such person or persons
char.ged with having violated the law shall be tried and disposed
of by the justice of the peace, such person or persons may be con-
fined in the guardhouse or calaboose, provided for that purjxise.
by said officers, unless bail shall be given as provided by law :
that it shall be the duty of said deputy sheriff to suppress all dis-
turbances of the quiet and good order in the village of Longhurst.
and to prevent as far as possible all injuries to property in said
village; and if the deputy sheriff shall be resisted in the execution
of his duty he shall have the power and it shall be his duty to call
to his assistance any citizen or citizens, and if such citizen oi-
citizens refuse to aid such officer, when called, he or they shall
be guilty of a misdemeanor, and upon conviction shall be fined
not exceeding fifty dollars or imprisoned not exceeding thiry days.
Sec. 2. That any person found drunk on the streets or roads or
in any public place in said village of Longhurst, or on the premises
of the Longhurst Cotton Mills or in one mile thereof, shall be
guilty of a misdemeanor, and upon conviction shall be fined not
less than five dollars nor more than fifty dollars or imprisoned
not exceeding ten days.
Sec. 3. That any person who shall use vulgar or obscene lan-
guage on the premises of the Longhurst Cotton Mills shall be
guilty of a misdemeanor, and upon conviction shall be fined not
less than five dollars nor more than ten dollars or be imprisoned
not more than ten days.
Sec. 4. That it shall be lawful for the justice of the peace re-
siding in Longhurst, if he has good reason to believe that anyone
has knowledge of the playing within one mile of Longhurst Cotton
Mills of any of the games prohibited by a law of this State, or
that, anyone has knowledge of the unlawful sale of spirituous,
vinous or malt liquors within one mile of the Longhurst Cotton
Mills, or that any person keeps a bawdyhouse or house of ill
fame in one mile of said cotton mills, to issue a summons, in
writing, commanding such person to appear before him and give
evidence of what he may know of such gaming or unlawful sale
of liquors or bawdyhouse or house of ill fame, and the person
giving such evidence shall not be prosecuted for having participated
in such offense as he shall give evidence in.
1909— Chapter 36T— 368. 428
Sec. 5. That said deputy sheriff shall wear a policeman'? badge Badge to be worn.
when on duty.
Sec. 6. That in order to make more specific and definite the Boundaries
words "one mile of the cotton mills" used iu this act, the boundary ^ "^"^ '
of Longhurst shall be a circle, every point of which shall be one
mile distant from the northwest corner of the main cotton factory
building, and that all jurisdiction conferred by this act shall he
exercised within said circle.
Sec 7. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February. A. D. 3909.
CHAPTER 368.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF GATES
COUNTY TO LEVY A SPECIAL TAX.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Gates County Levy of tax
be and they are hereby authorized and empowered to levy a ^"^^orized.
special tax in the years one thousand nine hundred and nine and Years,
one thousand nine hundred and ten, at the same time and iu the
same manner with the levies of other county taxes in said years,
on all taxable property and polls in said county, for the purpose purpose.
of paying off the indebtedness of said county incurred in remodeling
and enlarging the courthouse, for building fireproof vaults for the
protection of the public records of said county and for repairing
the county jail and furnishing steel cells for the same.
Sec. 2. That the special tax, as provided in section one of this Limit of rate.
act, shall not exceed ten cents on the one hundred dollars valuation
of property and thirty cents on each taxable poll, and in making Constitutional
the levy the county commissioners shall observe the constitutional ^'i"^*''°"-
equation between the property tax and the poll tax.
Sec. 3. That said taxes shall be collected and accounted for Collection and
by the sheriff or other tax collector of said county, in the same taxes."^^"^ ^°^
manner and under the same penalties and at the same time as
other taxes levied for said county.
Sec. 4. Should there be any surplus remaining in the hands <> I' Surplus to general
the county treasurer derived from said special tax. after th(> pay "" '
ment of the above-stated obligations, all such excess shall be turned
into the general county fund and be used for the payment of county
contingent claims.
Sec. 5. That all laws in confiict with this act are hereliy re-
pealed.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. lOOD.
424
1909— Chapter 3G9— 370— 371.
CHAPTER 369.
AN ACT TO PROMOTE EDUCATION IN STOKES COUNTY.
Establishment of
school district
authorized.
Boundary.
The General Assembly of North Carolina do enact:
Section 1. That the County Board of Education of Stokes
County is hereby authorized and empowered to establish a new-
school district, partly in Meadows and partly in Yadkin townships.
Stokes County, North Carolina, bounded as follows : Beginning
at a point in the county line bounding Stokes and Forsyth counties,
at Townfork Creek, about two miles west of Germanton ; thence
with said line west beyond N. S. Jones', just as far as to take in
his residence ; thence north to McKinley's Branch ; thence down
said branch to Townfork Creek ; thence down said creek to the
beginning ; and that this school district shall have such care and
advantage as other similar school districts have under the exist-
ing laws.
Sec. 2. That this act shall be in force from and after its ratiflca-
tion.
Ratified this the 2Gth day of February, A. D. 1909.
CHAPTER 370.
AN ACT TO FIX THE COMPENSATION OF THE COMMIS-
SIONERS OF CASWELL COUNTY.
Per diem.
Mileage.
The General Assembly of North Carolina do enact:
Section 1. Each county commissioner of Caswell County shall
receive for his service and expenses in attending the meetings
of the board three dollars per day and mileage to and from the
place of meeting, at the rate of Ave cents per mile.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2(3th day of February, A. D. 1909.
CHAPTER 371.
AN ACT TO PROVIDE FOR A COURT STENOGRAPHER FOR
WILKES COUNTY.
The General Assembly of North Carolina do enact:
Judge authorized Section 1. That any judge holding the Superior Courts of
ployment^™" Wilkes County, whether regular or special terms, may in his
discretion direct that a stenographer be employed for the term
I
1909— Chapter 371—372. 425
over wlaich he is to preside, whose duty it shall be to report the
trial of all such cases as said judge shall direct to be reported.
Sec. 2. That said stenographer shall be paid such reasonable Pay of stenog-
and just compensation, not exceding five dollars ($5) per day and ^^^
necessary expenses, as may be agreed upon, the bill for such
services to be approved by the judge holding the court.
Sec. 3. That the Clerk of the Superior Court of Wilkes County Fees taxed as
.shall tax in the bill of cost of every civil cause in the trial of ° '
which a stenographer's services are required two and one-half
dollars (.$2.50) per day, or a part of a day, consumed- in such
trial, and one dollar (^1) per day, or part of a day, for every
criminal cause tried by a jury, and in which a stenographer's
services are required, the amount so taxed to be collected in the
same manner as other costs in the case are collected, and turned
over by the clerk to the county treasurer.
Sec. 4. That the compensation of said stenographer shall be Payment of
paid by the treasurer of the county, at or before the adjournment ethnographer,
of the court for the term, the bill for such stenographer's serv-
ices to be approved by the judge holding the term, and, properly
receipted by said stenographer, to be a sufficient voucher in his
hands for the amount so paid.
Sec. .5. That this act shall apply only to Wilkes County.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 372.
AN ACT ArTHORIZING THE COUNTY BOARD OP EDUCA-
TION OF HAYWOOD COUNTY TO SELL CERTAIN SCHOOL
PROPERTY IN SAID COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Education of Haywood County Sale authorized,
is authorized and empowered, if they deem it right and pro])er
to do so, to sell at public or private sale all of the school property
in District Number Four, in Pigeon Township, that has been dis-
continued, and apply the proceeds of such sale to the use of Application of
Bethel Graded School : Provided, that the special tax for Bethel Pro^^fjlo^special
Graded School be voted by the qualified voters of said graded- tax to be voted,
school district.
Sec. 2. That the Board of Education of Haywood County and Appropriation
their successors in ofiice are further authorized and empowered a""^°"^-^-
to appropriate out of the public-school funds that may be now
or hereafter available the sum of five hundred dollars ($500), and
426 1909— Chapter 372—373.
the same be paid to the Boai'd of Trustees of Bethel Graded-
school District for the purpose of equippiug and maintaining said
graded school.
Sec. 3. That this act shall be in full forre and effect ivom and
after its ratificatiou.
Katified this the 26th day of February, A. D. 1909.
CHAPTER 373.
AN ACT LIMITING THE TIME OF EXISTENCE OF THE
HIGHWAY COMMISSION OF GT'ILFORD COUNTY.
TJie General Assemhiy of North Carolina do enact:
Limit of time. Section 1. That the time for which the Highway Commission
of Guilford County (created and existing by virtue of chapter
one hundred and sixty-six of the Public Laws of one thousand
nine hundred and three, and the amendments thereof) shall per-
form the duties and exercise the powers set forth in said acts
shall cease and determine on the first day of June, one thousand
nine hundred and ten, or sooner, if the proceeds of bond issue
Powers vested in shall be expended ; and all the powers conferred by virtue of said
sioners.^^'^'"'^" acts, or amendmeuts thereof, upon said Highway Commission shall
thereafter be vested in the said Board of County Commissioners
of Guilford County.
Funds to be Sec 2. That on the said first day of June, one thousand nine
hundred and ten, or sooner, if there shall remain in the hands
of the treasurer of said Guilford County Highway Commission
any funds belonging to said highway commission, the same shall
be paid by him to the Treasurer of Guilford County, to be used
by the Board of Commissioners of Guilford County for the
permanent improvement of the roads of said county.
Stocli, machinery Sec 3. That all stock, machinerv. tools, fixtures, appliances,
and other prop- , . ^ „ , . n ^. , • , . i_ • ■, i . i.
erty to be turned machines or property of any knid, of which the said highway
°^^^- commission may be possessed or which may belong to them and
which shall remain undisposed of on June the first, one thousand
nine hundred and ten. shall be transferred and delivered to the
Board of Commissioners of Guilford County, to be by them used
for permanent road improvement in said county, or sold and the
proceeds of sale thereof used for such purpose.
Sec 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February. A. D. 1909.
1909 — Chapter 374: — 375.
CHAPTER 374.
AN ACT TO TROTECT THE FISH IN CLAY COUNTY.
The General Assemmy of North Carolina do enact:
ine ue«c-/u. nersou or persons Califorma Irmit
Section 1. That it shall be uulawtul foi any peisou oi i protected,
to shTot trap, fish with hook and line, drag net, seine or hsh i
Inv".; or manner in the streams of Clay County into which
fish inlny of the streams in said county with seine, drag ne ,,d line forbidden,
flngei or^ll trap, or in any manner otherwise than with hooK
^%Tl' That any person or persons tishing in any of the streams California uout^
of sSd county and catching California trout shall return san.e ,,eam.
immediately back into the stream out of ^^^^"^^^X" ' j^J.-^.^i^l Duty of game
SEC 4. That it shall be the duty of the game xvaiden ^^i^ ^l ,^,den.
county to obtain information from a reliable source ^to Mha
sueams said trout have been put, and publish the names ot .aid
streams in which it is unlawful to fish in a paper published m
Clay County. -^i^t;,-,,. nnv of the pro- Violation of act
<5,7r ^ That any person or persons violating anj or me pi ^ j^j.^ej^eanor.
visions of this act shall be guilty of a misdemeanor and upon Punishment.
Conviction shall pay a fine not exceeding twenty-five dollars i^2.n
or imprisoned not more than twenty days.
Sec. G. That this act shall be in force only two years fiom and
after its ratification.
Ratified this the 26th day of February, A. D. l.tW'.
CHAPTER 375.
AN ACT TO CREATE BOLTON TOWNSHIP. IN COLFMBIS
COUNTY.
The General AssemNii of North Carolina do enact:
SECTION 1. That a new township, to be named and called Bohou >^;'t;>.. — in,.
To^^alship, be and is hereby created in, Columbus County, the
boundaries of which township shall be as follows: Beginning at Boundary,
a pofnt Where the line of the center of the track of the Carolina
central Railroad Company, as now located, niersects h Inu
dividing Columbus and Bladen counties, which said poml of
beginning is about one mile south and east fr<.m a station on the
line of said railroad now known as East Arcadia; running thence
from said point south no degrees and fifteen minutes east t h
ed'-e of the Great Green Swamp; thence the same course through
428
1909 — Chapter 375 — 376.
the Great Green Swamp to the dividiug line between Columbus
and Brunswick counties; thence with said dividing line between
Columbus and Brunswick counties in a southwesterly course to
the point where said line first intersects with the line of Lee's
Township, in Columbus County; thence leaving the Brunswick
County line and along the northern and eastern line of Lee's
Township to the point where said line of Lee's Township first
intersects with the line of Bogue Township, in Columbus County;
thence along said line of Bogue Township to the Waccamaw Lake ;
thence around and with the eastern edge of said lake to the
line of Waccamaw Township, in Columbus County; thence with
said line of Waccamaw Township to the dividing line between
Columbus and Bladen counties; thence with said dividing line to
the point of beginning.
Powers, rights and Sec. 2. That the said Bolton Township shall have all of the
privileges. . , . ■■•..,
powers, rights and privileges now granted to townships by law.
Sec. 3. That the voting place in said township shall be the
same as that now lawfully established for Bolton Precinct, in Ran-
som Township.
Sec. 4. That the justices of the peace resident in the territoi-y
embraced in the new township hereby created shall continue
justices of the peace in said new township until the expiration of
their respective terms of office.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
Voting place.
.Justices of tlie
peace.
CHAPTER 376.
AN ACT AUTHORIZING THE COMMISSIONERS OF ONSLOW
COUNTY TO ISSUE BONDS TO PAY THE PAST-DUE INTER-
EST ON THE BONDS ISSUED TO THE WILMINGTON,
NEW BERN AND NORFOLK RAILROAD COMPANY. UNDER
CHAPTER 233, LAWS OF 1SS5, AND ACTS AMENDATORY
THEREOF.
Purpose of issue.
Bond issue
autiiorized.
Amount.
Tiie General Assembly of Noi'th Carolina do enact:
Section 1. That for the purpose of paying the past-due coupons
on the bonds issued by the county of Onslow to the Wilmington,
New Bern and Norfolk Railroad Company, successors to the
Wilmington, Onslow and East Carolina Railroad Company, under
chapter two hundred and thirty-three of the Laws of one thou-
sand eight hundred and eighty-five and acts amendatory thereof,
the Board of Commissioners of Onslow County is hereby author-
ized and empowered to issue and sell five thousand dollars of
1909— Chapter 376. 429
negotiable coupon bonds, bearing interest at such rate as the
Board of Commissioners of Onslow County may determine, not interest.
exceeding six (G) per centum, interest to be payable semiannu-
ally on the first days of April and October of each year ; the Denominations.
said bonds to be of the denominations of not less than one hun-
dred dollars nor more than one thousand dollars, the principal of Maturity,
the said bonds to mature ten years after date of issue, and the
principal and interest shall be made payable at such place as the
board of commissioners may determine. Said bonds shall be Authentication.
signed by the Chairman of the Board of Commissioners of Onslow
County and countersigned by the Clerk of the Board of Com-
missioners of Onslow County, and the corporate seal of the said
county shall be thereto affixed; the semiannual payments of in-
tei'est to be represented by coupons attached to each of said bonds,
and to be identified by proper numbers and by such other means
as said board of commissioners may determine, and be signed
in like manner with the bonds.
Sec. 2. No bonds issued under the provisions of this act shall be Bonds not to be
sold or disposed of otherwise for less than par and accrued in- ^° '' ^ °^^ ^^^'
terest. Said board of commissioners is hereby authorized to sell Sale of bonds.
or dispose of the said bonds either at public or private sale, as to
them may seem best ; and in case the said board shall sell the
said bonds at public auction, notice of such sale shall be given in
at least one newspaper published in New Hanover County, North
Carolina, for thirty days prior to such sale.
Sec. 3. The proceeds arising from the sale of said bonds issued Specific appropri-
under the provisions of this act shall constitute a separate and
distinct fund, to be applied and appropriated to the payment of
the past-due coupons, now due on the bonds issued to the Wil-
mington, New Bern and Norfolk Railroad Company and the ex-
penses incurred in the issuing of the said bonds, and the surplus,
if any, to be paid into the fund belonging to the railroad-bond
fund.
Sec 4. That in order to pay the interest on said bonds as it Special tax
, ,, • . 1 .1. ^ .. . .1- authorized,
may accrue, and the prmcipal thereof as it may mature, the
board of commissioners of said county may annually levy a spe-
cial tax sufficient to meet these demands ; the said tax shall be
levied and collected as other county taxes are levied and col-
lected, and shall be imposed upon such property, polls and other
subjects of taxation as are now or may hereafter be subject to
taxation under the laws of this -State, and it shall be collected Collection of tax.
by the officers who collect the other county taxes, and who shall
in respect thereto be liable to all the requirements of the law,
as now prescribed or which may hereafter be prescribed for the
faithful collection and payment of other taxes.
Sec. 5. That immediately upon the sale of the bonds, as herein Call and pa.yment
provided, the Board of Commissioners of Onslow County shall call coupons^"*^'"^
430
1909— Chaptek 376—377—378.
iu all the outstanding due coupons on the said railroad bonds and
pay the same out of the proceeds of said sale.
Respoiibil)ility of Sec. 6. That the purchaser or holder of any part of said bonds
^"^ ' ^*^^ ' shall not be required to see to the application of the proceeds
of the same.
Sec. 7. That this act shall be in force from and after its ratifica-
tion.
Katitied this the 26th day of February. A. D. 19m.
CHAPTER 377.
AN ACT TO REGULATE THE PAY OF JURORS IN POLK
COUNTY.
Regular jurors.
Tales jurors.
The General Assembly of North Carolina do enact:
Section 1. That the county commissioners of Polk County are
hereby authorized and directed to pay all regular jurors sum-
moned by their order one dollar and tifty cents per day and
mileage, as now provided by law.
Sec. 2. That tales jurors shall receive one dollar and fifty cents
per day, without mileage.
Sec. 3. That all laws and clauses of laws iu conflict with this
act, in so far as they relate to the county of Polk, are hereby
repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 378.
AN ACT TO PROTECT FISH IN LAKE PHELPS, OR SCUP-
PERNONG, IN TYRRELL AND WASHINGTON COUNTIES.
Pound, pod or
dutch nets for-
bidden.
Limit on
Violation of act
a misdemeanor.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or
corporation to set or in any manner fish with any pound, pod or
11 nets, dutch net of any kind, or to set or iu any manner fish with any
gill net more than one hundred yards long, or for any one person,
firm or corporation to set or in any manner fish with more than
one hundred yards of gill nets in the waters of Lake Phelps, or
Scuppernong, in Tyrrell or Washington counties.
Sec. 2. That any person, firm or corporation violating section
one of this act shall be guilty of a misdemeanor, and upon con-
1909— Chapter 378—379—380. 431
viftiou thereof shall be fined not more than fifty dollars or im- Punishment.
prisoned not more than thirty days.
Sec. 3. That all laws and parts of laws in conflict herewith
are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
cion.
Ratified this the 26th day of February. A. D. 1!>01».
CHAPTER 379.
AN ACT TO AMEND CHAPTER 405 OF THE PUBLIC LAWS
OF 1903.
Thr General Asseinhly of XortJi Carolina do riiart:
Section 1. That chapter four hundred and five of the Public
Laws of one thousand nine hundred and three be and the same is
hereby amended as follows : Strike out all of sections three and Sections stricken
four of said act, and strike out in section five, line seven, all after
the word "district."
Sec 2. That hereafter the Board of Education of Cumberland Electipn of school
<'ounty shall appoint two of the members of the school committee
of said district, and the County Board of Education of Robeson .
County shall appoint one of the members of said lioard.
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-
• ation.
[ratified this the 2r,th day of February, A. D. 1000.
CHAPTER 380.
AN ACT TO PROHIBIT THE KILLING OF DEER IN AT-
LANTIC TOWNSHIP. CURRITUCK COUNTY.
The'General Asscinhli/ of \orth Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Unlawful to hunt,
to hunt, kill or capture in any manner deer in Atlantic Township, )ieer°'^ capture
Currituck County.
Sec. 2. That any jierson or per.sons violating the provisions of Violation of act
n ; . .,4- .1 n 1 ■^^. c ■ 1 J ... a misdemeanor,
tins act shall be guilty of a misdemeanor, and upon conviction Punishment.
shall 1)6 fined not less than twenty dollars and not more than
fifty dollars or imprisoned not more than thirty da.vs.
Sec. .3. That this act shall be in force from and after its ratifi-
'•ation.
Ratified this the 2Gth day of February, A. D. 1009.
432
1909— Chaptek 381—382.
CHAPTER 381.
AN ACT TO REPEAL CHAPTER 702 OF THE PUBLIC LAWS
OF 1907, RELATIVE TO THE SUPERIOR COURT OF CHER
OKEB COUNTY.
The General AssemUy of ?\orth Carolina do enact:
Law repealed. Section 1. That chapter seven hundred and t\^^o, Public Laws
of one thousand nine hundred and seven, he and tlie same is
hereby repealed.
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the 2mh dav of Februarv. A. D. lOOn.
CHAPTER 382.
AN ACT TO AMEND SECTION 1500 OF THE REVISAL OF
1905. IN RELATION TO THE SUPERIOR COURTS OF FOR-
SYTH COUNTY.
Term for criminal
cases.
Term for civil
cases.
For civil and
criminal cases.
When act
effective.
The General Assenihli/ of Xorth Varolina do enact:
Section 1. That section one thousand five hundred and six of
the Revisal of one thousand nine hundred and five, in relation to
the Superior Courts of Forsyth County, on page four hundred and
fifty-three, Volume One, be amended as follows : Between the
word "county" and the word "third," in the first line of the para-
graph relating to the Superior Courts of Forsyth County, insert
the following: "fifth Monday before the first Monday in March,
for the trial of criminal cases exclusively."' In line two of said
paragraph, relating to the Februaiy term, strike out the word
"criminal" and substitute therefor the word "civil." Strike out of
chapter seven hundred and seventy-five of the Public Laws of
North Carolina, session one thousand nine hundred and seven,
amendatory to said paragraph of the Revisal relating to the Supe-
rior Courts of Forsyth County, at the end of section four of said
chapter seven hundred and seventy-five, the following words : "for
the trial of criminal and civil cases," and substitute therefor the
following words : "the first week for the trial of criminal cases
exclusively, and the second week for the trial of civil cases exclu-
sively."
Sec. 2. That this act shall be in force from and after the first
day of April, A. D. one thousand nine hundred and nine.
Ratified this the 26th day of February, A. D. 1909.
1909— Chapter 383—384 — 385. 433
CHAPTER 383.
AN ACT PERMITTING THE COMMISSIONERS OF RICH-
MOND COUNTY TO DONATE LANDS FOR THE PURPOSE
OF ERECTING A CONFEDERATE MONUMENT THEREON.
The General AssemiJy of North Carolina do enact:
Section 1. That the county commissioners of Richmond Coimty Donation
be and they are hereby authorized and empowered to donate lauds '^"t'lorize .
for the purpose of erecting a Confederate monument thereon.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 384.
AN ACT TO AMEND SECTION 2785 OF THE REVISAL OF
1905, RELATING TO PER DIEM OF COUNTY COMMISSION-
ERS OF YANCEY COUNTY.
The General Assernhly of North Carolina do enact:
Section 1. That section two thousand seven hundred and eighty- Per diem.
five of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by adding after the word "Currituck,"'
in line six thereof, a comma and the word "Yancey."
Sec. 2. That all laws and clauses of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 2Gth day of February, A. D. 1909.
CHAPTER 385.
AN ACT AUTHORIZING THE BOARD OF COUNTY COMMIS-
SIONERS OF -JACKSON COUNTY TO DONATE LANDS FOR
THE PURPOSE OF ERECTING A CONFEDERATE MONU-
MENT THEREON.
The General Aftsemhly of North Carolina do enact:
Section 1. That the county commissioners of Jackson County Donation
be and they are hereby authorized and empowered to donate as '^"^''onzed.
much as may be necessary of the courthouse lot in Webster to the
Daughters of the Confederacy for the purpose of erecting a Con-
federate monument thereon.
Pub.— 28
434
1909— Chapter 385—386.
Appropriation
authorized.
Sec. 2. That the county commissioners are furtlier autliorized
and empowered to appropriate from the general fund of the county
such amount as they may feel warranted in expending to aid in
the erection of said monument.
Sec. 8. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2(;th day of February. A. D. 1909.
CHAPTER 386.
AN ACT TO ESTABLISH A SPECIAL COURT FOR ROWAN
COUNTY, WITH CIVIL AND CRIMINAL JURISDICTION,
TO BE KNOWN AS ROWAN COUNTY COURT.
Inferior court
established.
Jurisdiction.
Concurrent juris-
diction with
magistrates.
Concurrent juris-
diction with
superior court.
Actions founded
on tort.
Attachment and
claim and delivery
proceedings.
Jurisdiction in
criminal actions.
Concurrent with
justices of the
peace.
Violations of
ordinances.
llic General Aftsemtly of North Carolina do enact:
Section 1. That an inferior court, with civil and criminal .iuris-
diction, as hereinafter prescribed, to be known as Rowan County
Court, is hereby established.
Sec. 2. Said court shall have .lurisdictioii in civil actions and
proceedings as follows :
(1) Concurrent jurisdiction with justices of the peace in all
civil actions, matters and proceedings which are now or may here-
after be given to justices of the peace of Rowan County.
(2) Concurrent jurisdiction with the Superior Court of Rowan
County in all civil actions, matters and proceedings founded on
contract, wherein the sum demanded shall not exceed five hundred
dollars and wherein the title to real estate shall not be in contro-
versy.
(3) .Concurrent jurisdiction with the Superior Court of Rowan
County in all civil actions, matters and proceedings founded on
tort, wherein the sum demanded or the value of the personal prop-
erty in controversy does not exceed three hundred dollars and
wherein the title to real estate shall not be in controversy.
(4) Concurrent jurisdiction with justices of the peace and with
the Superior Court in attachment and claim and delivery proceed-
ings, wherein the sum demanded or the value of the property
claimed is within the jurisdiction of the court, as defined herein.
Sec. 3. Said court shall have jurisdiction in criminal actions
and proceedings as follows :
n) Concurrent jurisdiction with justices of the peace in all
criminal actions, matters and proceedings arising from criminal
offenses committed within the limits of Rowan County.
(2) Exclusive oi'iginal jurisdiction of all offenses and misde-
meanors consisting of a violation of any ordinance of the city of
Salisbury, and all criminal actions, matters and proceedings cogni-
zable before the Mayor of Salisbury.
1009 — CiTAi'TKR 38H. 435
i:\) Exclusive original jurisdiction of all other criminal offenses Other criminal
comnutted witljin the county of Rowan below the grade of felony, °
as now defined by law ; and all such offenses committed within
Rowan County are hereby declared to be petty misdemeanors :
Provided, that nothing in this act shall prevent the Superior Court Proviso: juris-
^ . . ..-,.,. ^,,^ diction of su-
of Rowan County trom assummg jurisdiction of all otfenses perior court.
whereof exclusive original jurisdiction is given to said Rowan
County Court, if within twelve mouths after the commission of the
offense said Rowan County Court shall not have proceeded to take
official cognizance of the same.
(4) In addition to the jurisdiction conferred by the preceding jurisdiction of
sections of this act, said court shall have jurisdiction over the ^^gj^gg^*^**
following-named offenses, whether such offenses be covered by the
preceding sections of this act or not, to-wit : Larceny or receiving
stolen goods knowing them to have been stolen, wherein the value
of the goods does not exceed twenty dollars, except larceny from
the person or from the dwelling by breaking and entering in the
daytime ; forcible trespass ; false pretense. All crimes and offenses
covered by this section are hereby declared to be petty misde-
meanors.
(5) In all criminal offenses committed in Rowan County, jurisdiction as
whereof original jurisdiction is not given to said court, it shall '^^^^^ °^ inquiry.
have jurisdiction, and is hereby fully authorized to examine into
the same and, upon probable cause being shown, bind the defend-
ant to the Superior Court of Rowan County, or, if capital, to
commit him to jail, as now provided by law for courts of justices
of the peace.
Sec. 4. Said court shall have jurisdiction to try all actions for jurisdiction as to
the recovery of any forfeited bond made returnable to said court, and''plnalt?"s'^^
and for recovery of any penalt5^ imposed by law, with the power
to dispose of the same, as now provided by law.
Six. .5. The justices of the peace and the Clerk of the Superior process made re
(.'ourt of Rowan County are hereby authorized to issue processes, turnable to court,
both civil and criminal, and make the same returnable before the
Rowan County Court for trial. The mayor of the city of Salis-
bury and the mayor of any of the incorporated towns of Rowan
County may issue warrants and other criminal processes and make
the same returnable for trial to Rowan County Court. All war- issue and return
wants shall be issued upon affidavit and made returnable forth- ^^ warrants,
with. Summons and other civil processes shall be made returnable Return of civil
in not less than ten nor more than thirty days from the issuance Process.
thereof. If one or more of the defendants be a nonresident of
Rowan County the summons shall be returnable in not less than
fifteen days from the issuance thereof. The precepts and i)rocesses issue of process,
of said court may be issued to the sheriff or other lawful officer
of Rowan County, to any constable thereof, and to the police offi-
cers of the city of Salisbury or any incorporated town in Rowan
County, in such cases as they are now authorized by law to serve
436
1909— Chapter SSd.
Process to other
counties.
Service by publi-
cation.
Recognizance to
court.
Sessions of court.
Pleadings.
Complaint and
answer.
Executions
and transcripts of
judgments.
Punishments on
conviction.
Appeals to
superior court.
Trial de novo.
Proceedings on
appeal.
processes ; and when given uudei- the seal of said court the precepts
and processes may be issued and directed to the sheriff or other
hiwful officer of any county in the State of North Carolina and
be executed anywhere in the bounds of the State. Such officers
shall serve the processes and precepts as now required by law.
Service by publication may be made under the rules now provided
for' service by publication in the Superior Courts.
Sec. 6. In all actions heard by the justices of the peace and
other examining magistrates of Rowan County in respect to any
offense whereof Rowan County has exclusive original .iurisdiction,
in which probable cause of guilt is found, such person or persons
shall be bound in a suitable recognizance, with sufficient surety,
to appear before the Rowan County Court for trial on a specified
day, and within ten days from such preliminary examination, in
default of such recognizance such person or persons shall be com-
mitted to Rowan County jail initil the trial.
Sec. 7. Rowan County Court shall be open at all times for the
dispatch of business; and the trial justices, if the business re-
quires it, shall hold daily sessions at the courthouse, city hall or
other suitable place in the city of Salisbury, North Carolina.
Sec. 8. The pleadings in civil cases within the jurisdiction of a
justice of the peace may be oral or written, but in all other civil
cases the pleadings shall be written. The trial justice, in his dis-
cretion, may require written pleadings in all cases. In all civil
cases where the pleadings are required to be written the complaint
shall be filed at least five days before the return day, and the
answer shall be filed on or before the day for trial.
Sec. 9. Judgments of said court may be enforced by execution
issued therefrom, and transcripts of the same may be docketed in
the Superior Court of Rowan County and become judgments of
the Superior Court, as now provided for executions and transcripts
of judgments from courts of justices of the peace.
Sec. 10. Any person convicted in said court of any offense shall
pay all the costs of prosecution and be fined or imprisoned, or both,
according to law ; and when the punishment imposed is imprison-
ment and costs it shall be lawful for the trial justice to sentence
the defendant to the common jail of Rowan County, to be worked
on the public roads of said county until sucli sentence is served.
Sec. 11. In all cases there shall be the right of appeal from the
judgment of said court by the defendant in criminal actions, and
either plaintiff or defendant in civil actions, to the Superior Court
of Rowan County, and upon such appeal the trial in the Superior
Court shall be de novo. Proceedings on appeal, appearance bonds
and undertakings to stay execution shall conform to the procedure
now obtaining in courts of justices of the peace, as far as practi-
cal.
1909— Chaptek 380. 437
Sec. 12. As a fee for issuing any warrant, summons or other Fees of officers
original process returnable to Rowan County for trial the officer
shall be entitled to fifty cents. Witnesses shall be entitled to fifty witness fees,
rents per day and mileage, at five cents per mile each way, but
only such witnesses shall be allowed to prove as are now allowed
to prove in the Superior Court. In each action, civil or criminal. Tax fees to use
within the jurisdiction of the justices of the peace, a fee of one ° ^°^^ ^'
dollar, and in all other actions a fee of two dollars shall be taxed
and collected as other costs for trial and judgment, and paid to
Rowan County. The prosecuting attorney shall be entitled to a Fees of prose-
fee of one dollar for each person convicted of an offense within ^^^^^^ officer,
the jurisdiction of the justices of the peace, and for other offenses
two dollars for each person convicted. Except as above provided. Other fees.
the respective officers shall be entitled to the same fees in Rowan
County Court as now allowed by law in the Superior Court : Pro- Proviso: fees of
vided, that the police officers of the city of Salisbury shall be ^°^'-^^ officers.
allowed the same fees as sheriffs or constables, the same to be
paid into the treasury of the city of Salisbury. The jail fees of Jail fees.
any prisoner held in custody by the city of Salisbury shall be
taxed as a part of the cost, as provided by law, and paid into the
treasury of the city of Salisbury. Costs in all actions, civil and Costs,
criminal, in Rowan County Court shall be payable and collectible
as now provided by law. The trial justice shall have full power Costs taxed by
as to taxing bill of costs and the respective items thereof, under *" Justice.
the practice now obtaining in the Superior Court in respect to
such matters.
Sec. 13. In all criminal actions which are not violations of any Half fees to
town ordinance, and of which a justice of the peace has not final o™*^®"^^
jurisdiction, and in which the party is convicted and imprisoned
or put on the county roads, and from whom no costs are collected,
the county shall pay one-half the cost, as now provided by law,
but in no case shall the county be liable for any fees or costs
going to the prosecuting attorney provided for in this act.
Skc. 14. All fines collected in Rowan County Court shall be paid Fines to use of
into the treasury of Rowan County. The expenses of said court. Expense of court,
except as otherwise provided, shall be paid monthly by Rowan
County.
Sec. 15. That B. P.. Miller, of Salisbury, North Carolina, shall Trial justice,
be and is hereby named as trial justice of this, the said Rowan
<."ounty Court, for the term beginning April fifth, one thousand Terra.
nine hundred and nine, and ending the first Monday in December,
one thousand nine hundred and ten ; and that Kerr Craig, of Salis- Prosecuting
bury. North Carolina, shall be prosecuting attorney for the said ^.ttorney.
Rowan County Court from April fifth, one thousand nine hundred Term,
and nine, to the first Monday in December, one thousand nine hun-
dred and ten.
438
100!>— ClIAPTKR ;iSt).
Dockets, files and
records
Clerk.
Trial justice.
Election of trial
justice.
Term of office.
Oath of office.
Salary.
Justice may
practice in other
courts.
Substitute
Compensation of
substitute.
Prosecuting
attorney.
Qualifications,
election and
term.
Duty.
Vacancies.
Sec. 1(). There shall be dockets, files and records of all proceed-
ings in said court, conforming as nearly as possible to the records
of the proceedings in the Superior Courts; and the Clerk of the
Superior Court of Rowan County shall, ex officio, perform duties
and receive emoluments in the Rowan County Court similar to the
duties performed and emoluments received in the Superior Court.
Sec. 17. Said court shall be presided over by a trial justice,
who shall be learned in law, of good moral character, and who
shall be at the time of his election and qualification an elector in
and for Rowan County. Said trial justice shall be elected by the
people of said county at the same time and in the same manner as
other county officers are elected. He shall hold oflice for two
years and until his successor is elected and qualified, but he shall
not be eligible for two terms in succession. His first full term
shall begin on the first Monday in December, one thousand nine
hundred and ten. His appointment for the term between the date
when this act goes into effect and the said first ^londay in Decem-
ber, one thousand nine hundred and ten, shall be as hereinafter
provided. Before entering upon the duties of his oflice he shall
take and subscribe an oath of office, as is now provided by l.iw
for Judges of the Superior Court, and shall file the same with the
Clerk of the Superior Court of Rowan County, and said clerk
shall duly record the same. Said trial justice shall receive a
salary of one thousand dollars per year, payable in equal monthly
installments by Rowan County.
Sec. is. The said trial justice shall not by reason of his office
be prohibited from practicing the profession of an attorney at law
in the other courts of this State, except as to matters connected
with or growing out of said county court.
Sec. 19. When the trial justice is unable to preside over said
court, on account of sickness, absence or other cause, said trial
justice shall appoint some other person learned in law, with the
same qualifications as provided for the trial jvisfice, to act as substi-
tute trial justice, with all the powers and duties of the trial jus-
tice. The compensation of said substitute trial justice shall be
paid by the trial justice.
Sec. 20. In addition to the officers above provided, there shall
be a prosecuting attorney for said Rowan County Court, whose
qualifications, election and term of office shall be the same as pro-
vided for the trial justice. It shall be the duty of the said prose-
cuting attorney to see that warrants, subpoenas and other processes
are issued for the proper apprehension and trial of all violators
of the law in Rowan County, and to represent the State of North
Carolina in the trial of all criminal actions brought before said
court and faithfully and diligently prosecute the same.
Sec. 21. Any vacancy occurring in the office of trial justice or
l>rosecuting attorney shall be filled by the Governor of North Car-
olina.
1909— Chapter 386—387. 439
Sec. 22. All cases pending in the Superior Court, in the courts Cases pending.
of justices of the peace or other courts of Rowan County on the
first Monday in April, one thousand nine hundred and nine, shall
be tried in that court where pending, and not transferred to
Rowan County Court for trial.
Sec. 2o. The procedure in Rowan County Court, except that Procedure,
hereinbefore provided, shall follow the rules and principles laid
down in the chapter on criminal procedure and the chapter on
civil procedure in the Revisal of one thousand nine hundred and
five, and amendments thereto, in so far as same may be adapted
to the needs and requirements of said court.
Sec. 24. The first session of said Rowan County Court shall be First session of
held on the first Monday in April, one thousand nine hundred and ^^^^ "
nine, and other sessions as provided in this act.
Sec. 25. This act shall be in force from and after its ratifica-
tion.
Ratified this the 26th day of February, A. D. 1909.
CHAPTER 387.
AN ACT PROVIDING FOR THE LAYING OUT AND THE
WORKING OF THE PUBLIC ROADS OF GUILFORD
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That all roads in the county of Guilford that have Roads under
heretofore been laid out by virtue of any act of Assembly or any control of county
order of court shall be under the supervision and control of the commissioners.
board of commissioners of said county.
Sec 2. The said board shall have full i)ower and authority to power and au-
order the laying out and repairing of all public roads where t'l.ority of com-
•' * 1 to 1. missioners.
necessary to open new roads, to widen and straighten old roads
and repair the same, to appoint where bridges and fords shall be
made, to discontinue old roads when found useless, and to alter
roads so as to make them more useful.
Sec. 3. Every public road hereafter laid out in said county shall Roads hereafter
be such width as shall be ordered by the board of county com- ' °" '
missioners, and under the direction of said board shall be laid
out by the county surveyor or some other competent surveyor or
engineer.
Sec. 4. The said board of commissioners shall not order the Roads laid out or
laying out of any public road or the discontinuance of the same peuuon""^'^ ^"^
unless upon petition in writing, and unless notice of said petition Notice of petition.
has been given by an advertisement in some newspaper published
in said county for twenty days. Upon the filing of said petition Hearing on
with the board it shall be continued until the next succeeding Petition
440
1909— Chapter 387.
Entry upon lands
for construction,
change or repair
of roads.
Procedure for
assessment of
damages.
Proviso: right of
appeal.
Township super-
intendents of
roads.
Duty.
Entry on land
for material.
Drains or ditches.
regular meeting of the board, at which meeting the board shall
hear the allegations set forth in the petition, and if sufficient
reason be shown they may order the laying out or discontinuance
of said road.
Sec. 5. That in opening new roads, widening, altering or
straightening old roads and repairing the same, the county com-
missioners, through their agents, are hereby authorized to enter
upon any lands within the county and to build, widen, alter,
straighten or repair said roads; and if the said commissioners
and the owners of the said land cannot agree as to the damages,
if any, then the county commissioners shall, within sixty days
after said road is completed, order the sheriff of said county to
have summoned five disinterested freeholders, who shall, after
notice given to the owner of said laud, go upon the premises and,
after being sworn to view said premises and faithfully perform
their duty as assessors, assess such damages and benefits as they
shall ascertain has been caused by the opening of said new road
or the widening, altering, straightening or repairing of said old
roads ; and said persons shall at the next regular meeting of
said board of commissioners file their report, in writing, which
shall be spread upon the minutes of said board, and upon the
confirmation of said report by said board said amount so assessed,
if any, shall be paid to the said landowner, and all damages so
assessed shall be paid by the petitioners who asked for the open-
ing of said road: Provided, that said landowner or said petitioner
shall have the right to appeal to the Superior Court of Guilford
County from the assessment of damages contained in said report
by filing notice of such appeal within ten days from the con-
firmation of said report by said board, and upon paying the clerk
of said board such reasonable sum for making up the transcript
of said appeal as shall be fixed by said board.
Sec. 6. That said board shall select and employ some competent
man in each township in said county to act as superintendent of
roads and bridges for said township, whose duty it shall be, under
the direction of said board, to superintend the laying out of
new roads and opening the same, the altering, widening, straight-
ening or repairing of old roads, and cause to be removed all ob-
structions from the same; and for these purposes the said super-
intendent is hereby authorized to enter upon any uncultivated
lands near to or adjoining such roads, to cut and carry away
timber (except trees or groves on improved land planted or left for
ornament or shade), to dig or cause to be dug and carried away
any gravel, sand or stone which may be necessary to make, im-
prove or repair said road, and to enter upon any lands adjoining
or lying near the road to make such drains or ditches through
the same as he may deem necessary for the benefit of the roads,
doing as little injury to said lands and the improvements thereon
and timber as the nature of the case and the public good will
1909^Chapter 387. 441
pei-iiiit ; aud the draius aud ditclios so made shall be conducted
toward the nearest water course, and shall be kept open by said
superintendent and shall not be obstructed by the owner or oc-
cupier of such lands or any other person or persons, and any Obstructing
person so obstructing draius and ditches, as aforesaid, shall be a'^misdemea'non^
guilty of a misdemeanor and upon conviction fined not exceeding Punishment,
ten dollars (§10) or imprisoned not exceeding ten days, to be
paid over to the county commissioners aud to be applied to the
road fund of the county.
Sec. 7. Each and every superintendent who shall cut aud take Certificates for
any timber, stone or gravel for the purpose of making, improving '"^'terial taken,
or repairing any road, bridge, or crossway in his township shall,
on the demand of the owner of the lands, his agent or agents, or
the guardian of any ward or the executor or administrator having
lands in charge from which timber, stone or gravel were taken as
aforesaid, shall give a certificate showing the quantity of such
timber, stone or gravel, with the value thereof, respectively, and
the time and purpose for which the same were taken.
Sec. S. Any person or persons who shall receive a certificate as Presentation and
provided for in the foregoing section shall present the same to the titicates' "^^ ^^^'
county commissioners at any regular session of said commissioners
within six months after the taking and carrying away of such
timber, stone or gravel, and the commissioners, being satisfied
that the amouut as aforesaid is just and equitable, shall cause
tlie same to be paid out of the county treasury, but if not so
satisfied they shall determine what sum in their opinion would
be just, if any.
Sec. 9. Each superintendent shall receive for his services such Pay of super-
amount, not exceeding two dollars per day for the time actually 'n'^^"^^'^'^-
employed in the performance of the duties herein specified, as
shall be fixed by said board, and the terms of his employment Term of employ-
shall be at the pleasure of said board, who may discharge him at "^^"^•
any time.
Sec. 10. All able-bodied male persons and all male persons able Persons subject
to perform or cause to be performed the labor hei-ein required, ^° ^°^^ ^^^^'
residing in the county and between the ages of twenty-one and
fifty years, except persons disabled or in the military service of
this State, and all persons actually engaged in the ministry of
the gospel, shall be liable aunually to do and perform six days' Road duty,
labor on the public roads of said county, under the direction of
the superintendent of the township in which he shall reside :
Provided, that if any such person shall pay to the superintendent Proviso: com-
in whose township he may reside the sum of seventy-five cents for "^"'^^'O"-
each day he shall be required to work, the same shall be received
in lieu of said work and shall be applied by the superintendent
receiving the same to the improvement of the roads in his town-
ship.
442
1909— Chaptek 387.
Superintendent
to warn hands.
Forfeit for failure
to attend.
Misdemeanor.
Punishment.
Fines to use of
road fund.
Removals.
Tools and imple-
ments.
Residence defined
Monthly reports
of superintend-
ents.
Footbridges.
Guideboards.
Sec. 11. It shall be the duty of the suijevinteiideut of each
township to order out every such person resident as aforesaid
to do and perform the work aforesaid on the public roads of his
township; and if any such person, being personally warned by
such superintendent or by leaving a written notice at his usual
abode, shall refuse or neglect, having had at least two days' notice,
except in cases of emergency, then immediate notice to attend,
or having attended, shall refuse to obey the directions of the
sui)erintendent, every such delinquent shall forfeit and pay the
sum of one dollar for every such offense, and shall also be guilty
of a misdemeanor, and upon conviction fined not exceeding five
dollars or imprisoned not exceeding five days ; all fines collected
under this provision to be paid over to the county commissioners
and used for the purpose of roads.
Sec. 12. In case any person shall remove from one township to
another, who has prior to such removal performed the whole or
any part of the labor aforesaid during the year of removal, or
in any other way has paid the whole or any part of the amount
aforesaid in lieu of such labor, and shall produce, a certificate
of the same from the superintendent of the township from which
he removed, such certificate shall be a complete discharge for the
amount of labor or money therein specified, or in case of removal
from any other county to this county he shall be credited with
the amount of work performed in such other county foi- that
year.
Sec. 13. Any person called upon lo perform labor upon the
public roads under any provision of this act shall appear at the
place appointed by the superintendent at such hour as said super-
intendent shall designate in the forenoon, with such necessary
tools and implements as said superintendent shall designate.
Sec. 14. For the purposes provided for in the preceding sections
of this act, the residence of any person who has a family shall
be held to be where his family reside, and the residence of any
other person shall be held to be when^ hv boards in any town-
ship in said county.
Sec. 15. The several superintendents are hereby required to ac-
count to the board of commissioners monthly for all moneys re-
ceived or expended under this act, and they shall also return
a full and true list and statement of the names of all persons
within their respective townships who have been ordered out to
perform the six days' labor as required by this act, and of those
who have refused or neglected to perform the same, and those
liable for same.
Sec. 16. The superintendents of roads are authorized to con-
struct footbridges over streams of water on public roads in the
county.
Sec. 17. Each superintendent within his township shall erect
and keep up at the expense of the county at the forks or cross-
f
1009— Chapter 387. 443
roads of every county road where necessary a post and guide-
board, or "fiuger-board," containing an inscription in legible let-
ters directing the way and distance to the nearest town or towns
or public place or places situated on each road, respect ivelj'.
Sec. is. If any person shall willfully demolish, throw down. Injury to guide-
alter or deface any guideboard, every person so offending shall be rn'e^'nor^ ""^ ^
guilty of a misdemeanor, and upon conviction thereof before any Punishment.
justice of the peace of the county be fined not exceeding ten dol-
lars, to be paid to the county commissioners for road purposes.
Sec. 19. No superintendent shall perform or cause to be per- Labor limited to
formed labor on any road not regularly laid out and established as P"^'"^' roads.
a public road according to law.
Sec. 20. When the superintendent of roads of the township shall Written warning.
not be able to personally notify persons liable to work the public
ruads of the day appointed for working the same, he shall leave
at the house of such person a written notice specifying the day
on which such person is required to attend and the place to meet,
the road to be worked and the kind of tool or tools to be brought
or used, and the said written summons left as aforesaid shall
be deemed sufficient notice to the person required to be notified.
Sec. 21. No person between the ages prescribed shall be ex- Exemptions from
empt from working upon the public roads, except such as are ex- ^'^
empt in section ten or such as may be exempt by the board of com-
missioners on account of personal infirmty, of which the said board
shall be the sole judge.
Sec. 22. It shall be the duty of every owner of a water mill Bridges over
,.,. -iij ,,. -, • . -, , -, ■, drains across
which IS situated on any public road m said county, and also roads.
of every person who for the purpose of draining his lands or
for any other purpose shall construct, subject to the approval of the
township superintendent, any ditch, drain or canal across a public
road, respectively, to keep at his own expense in good and suf-
ficient repair all bridges that are or may be erected or attached
to his milldam immediately over which a public road may run,
and also to erect and keep in repair all necessary bridges over
such ditch, drain or canal on the pul)lic road, as long as they may
be needed by reason of the continuance of said mill or milldaui.
ditch, drain or canal.
Sec. 23. Whenever any ditch or drain Is cut in such way as to Drains distharg-
turn water into any public road, the person cutting such ditch or '"^ °'^ ™^*^'"
drain shall be compelled to cut such other ditch or drain as may
be necessary to take the water from said road.
Sec. 24. It shall be unlawful for any railroad company to ob- Obstructions by
struct the drainage of any public road or highway by its roadbed pan^es.'^ ^°"^'
or otherwise, or empty the water from its ditches into any public
road or highway; and if any railroad company, being warned by
the superintendent of roads of the township by leaving a written
notice with any agent, shall refuse or neglect to remedy thp same
444
1909— Chaptek 38"
Misdemeanor.
Punishment.
Additional
offenses.
Fines to use of
road fund.
Roadbeds to be
constructed and
repaired by rail-
road companies.
Misdemeanor.
Punishment.
Additional
offense.
Convicts to be
sentenced to
road work.
Courts of cities
to sentence con-
victs to roads.
Civil engineer.
Overseers and
guards.
to the acceptance of said superintendent, it sliall be guilty of a
misdemeanor, and upon conviction fined a sum not exceeding fifty
nor less than twenty dollars ; and every ten days such railroad
company, after being notified, shall neglect or refuse to remedy
such offense shall be deemed an additional offense against the
provisions of this section ; all fines collected under this provision
to be paid to county commissioners and applied to road fund.
Sec. 25. It shall be the duty of the superintendent of each town-
ship to cause each railroad company to construct and lieep in
good repair the roadbed of all public roads across the roadbed of
said company; and if any railroad company, being duly notified
by the said superintendent by leaving a written notice with any
station agent, shall neglect or refuse to construct or repair said
roadbed to the acceptance of said superintendent, it shall be guilty
of a misdemeanor and shall be fined a sum not exceeding fifty
nor less than twenty dollars ; and every five days such railroad
company, after being duly notified, shall neglect or refuse to con-
.<^truct or repair said roadbed shall be deemed an additional of-
fense against the provisions of this section.
Sec. 26. That the judges holding the Superior Court of said
county and the judges of any criminal court held therein shall
sentence to a term of imprisonment in the county jail, and to be
worked upon the public roads of said county, under the control
and keeping of said board of commissioners and their agents and
employees, all persons convicted in said courts who by the judg-
ment thereof shall be punished by imprisonment or committed in
default of paying costs and fines, or either, except such as shall
be convicted of murder, manslaughter, rape or arson, and except
such other convicts as the said judges may in their discretion
deem advisable to send to the State penitentiary, as now provided
by law : Provided, that nothing herein contained shall prohibit
or in any way X'estrict the said judges from suspending judgment
or imposing fines, only in such cases as to them shall appear right
and proper.
Sec. 27. That the courts held in the cities of High Point and
Greensboro or any other incorporated town in the county, and
the justices of the peace in said county, are hereby authorized
and empowered to sentence to a term of imprisonment in the
county jail, to be worked on the said roads, as herein provided
for convicts of the superior and criminal courts, all such persons
as they .shall try and convict of offenses of which they have final
jurisdiction, and also all persons, including those charged under
bastardy proceedings, who may be by them sentenced to im-
prisonment for failure to pay fines and costs, or either.
Sec. 28. That the said board of commissioners shall have power
to employ a competent civil engineer to lay out new roads and
direct the manner in which any others may be improved, changed
or repaired, and also to employ all such overseers and guards as by
1909— Chapter 3S7— 388. 445
them shall be deemed needful, with power to discharge any of
them at auv time, without being subjected to action therefor at
the instance of such person discharged; and all such engineers,
overseers and guards shall be paid, out of the taxes raised for
road purposes, such compensation as shall be agreed upon by
and between such persons so employed and said board of com-
missioners.
Sec. 29. That in the event any person shall be adjudged to work }^^^^^^^'^^^,
upon the public roads, under the provisions of this act, for failure of fines or costs,
to pay costs and fines, or either, the sentence of said person shall
be changed bv the said judge or city courts or justice of the
peace to a definite term of imprisonment: Provided, that the Pr™ re^pon^^
county of Guilford shall in no way be responsible for the payment
of the fine, and shall only have such cost taxed against it as
could have been taxed if the person had originally been sentenced
to a definite term of imprisonment.
Sec. 30. That chapter five hundred and ninety-nine of the Pub- La^^ repeaiea.
lie Laws of one thousand nine hundred and seven be and the same
is hereby repealed.
Sec. .31. That all laws or clauses of laws in conflict with this
act are hereby repealed.
Sec. 32. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 26th day of February. A. D. 1909.
CHAPTER 388.
AX ACT TO PROTECT THE PUBLIC ROADS AND BRIDGES
IN CLAY AXD RI'THERFORD COUNTIES.
The General Assetiiily of yortli Carolina do enact:
Section 1. That any person, firm or corporation operating or Persons^charged
running a road engine or traction engine, or moving or causing roads or bridge?,
to be moved or hauled any engine or boiler or other heavy machine
or machinery, who shall damage any road or bridge in the counties
of Clay and Rutherford, shall repair such road or bridge and
place same in as good condition as it was before such damage.
Sec 2. That in the event such person, firm or corporation shall ^j^P^^t^o^y^'J,'?,*-''
fail or neglect for two days, after being notified, to repair such charged,
road or bridge, or make no preparation to repair the same, the
road overseer of the township or section in which such road or
bridge is located shall repair the same, and the cost of su(?h repair- Ento^^ment of
ing may be collected from said person, firm or corporation in a
suit to be instituted by the board of county commissioners of said
counties.
446
1909— Cpiapter 388—389.
Failure to repair Skc. 3. That any person, fii'm or corporation, after being noti-
a'^misdemeanor!'^^ ^6d by said road overseer, who shall fail or neglect for two days
to repair said road or bridge, and then willfully refuse or neglect
to pay said road overseer for repairing said road or bridge, shall
Punisiimeiit. be guilty of a misdemeanor, and upon conviction shall be fined
not more than fifty dollai's ($50) or imprisoned not more than
thirty (30) days and pay cost for repairing same.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2Gth day of February. A. D. 1009.
CHAPTER 389.
AX ACT TO PROVIDE DIPHTHERIA ANTITOXIN FOR IN-
DIGENT PERSONS SICK OF DIPHTHERIA.
State board of
health to arrange
for supply.
Keeping and dis-
tribution of anti-
toxin.
Requisitions by
physicians.
The General AssenibJy of North Carolina do enact:
Section 1. That the North Carolina Board of Health is hereby
authorized and directed to arrange for a sufficient supply of
diphtheria antitoxin for the treatment therewith, free of charge,
of indigent persons sick of diphtheria, and for immunizing against
infection such indigent persons as may be exposed to the disease.
and to extend the facilities for making the diagnosis of the dis-
ease.
Sec. 2. That the said board of health shall keep on hand in the
State Laboratory of Hygiene a supply of reliable diphtheria anti-
toxin, and shall distribute, through the said laboratory, to the
several counties of the State, whenever the boards of county
commissioners thereof shall request it, and shall notify the Secre-
tary of the State Board of Health that they will pay for the
same upon presentation of a bill, and shall designate the person or
persons with whom it shall be deposited. The antitoxin shall be
furnished at the lowest figure obtainable for a reliable preparation.
Sec. 3. That whenever a physician is called to a case of diph-
theria in an indigent person or one in immediate need and unable
to pay for antitoxin, he may obtain the same from one of the
depositories or diphtheria stations by filling out and signing in
duplicate the blank requisition form to be supplied with the anti-
toxin by the said board of health, and presenting the same to the
county superintendent of health or any member of the county
sanitary committee, or to such person as the said county sanitary
committee may appoint, who, after satisfying himself as to the
indigency of the person or persons for whom the antitoxin is in-
tended, shall approve and countersign in duplicate the requisition.
The person dispensing the antitoxin shall retain one copy of the
1909— Chapter 389 — 390. 447
requisition and siiall mail tlie duplicate promptly to the director
of the laboratory of hygiene. He shall also return to the said Return of anti-
director all packages of antitoxin in his possession as soon as they
become out of date.
Sec. 4. The provisions of this act shall apply to cities and Cities and towns,
towns upon the same conditions as it does to counties.
Sec. .j. That for carrying out the provisions of this act the sum .Appropriation.
u( five hundred dollars annually is hereby appropriated.
Skc. <i. That this act shall be in force from and after its ratitica-
tion.
Ratitietl this the 2(;th day of February. A. D. lIiO!).
CHAPTER 390.
V.\ ACT TO PROVIDE FOR THE WORKING OF THE PUBLIC
ItOADS OF NORTHAMPTON COUNTY AND TO LEVY A
SPECIAL TAX THEREFOR. ANT) TO REPEAL CHAPTER
.->38 OF THE PUBLIC LAWS OF 190.3.
The General Asseinhly of yorth Carolina do enact:
Sectio>" 1. That chapter five hundred and thirty-eight of the Law repealed.
Public Laws of one thousand nine hundred and three be and the
same is hereby repealed.
Sec. 2. That for the purpose of constructing, repairing and ini- Board of road
proving and maintaining the public roads in Northampton County commissioners.
there shall be a special board of three members, who shall be
known as the "board of road commissioners" for said county,
which board shall have the entire suijervision and jurisdiction of Povyers and
duties
all the public roads of said county, and succeed to and exercise
;ill the powers and duties heretofore exercised by and imposed
upon the boai'd of county commissioners and justices of the peace
in reference to the establishment, alteration or discontinuance of
all public and private roads, cartways and other thoroughfares.
Sec. .3. That L. L. Taylor, M. R. Stephenson and R. B. P.oyce Commissioners
ne hereby appointed and constituted the board of road commis- "^^"^^
<ioners for said county, and they shall hold their office and per- Term of office.
!orm its duties until the fii'st Monday in December, one thousand
nine hundred and ten, and until their successors are duly elected
and qualitied. a majority of whom shall constitute a <iuoruu.i. Quorum.
Si;r. 4. That at the regular election in November, one thousand Election of suc-
iiine hundred and ten, and evei'y two years thereafter, at the regu-
lar elections, the members of said board of road commissioners
sliall be elected under the same rules and regulations as are or
-hall be prescribed for the election of other county officers.
448
1909— Chapter 390.
Commissioners to
qualify.
Vacancies.
Board named to
qualify.
Meeting and
organization.
Duty of secretary.
Compensation of
secretary.
Compensation of
commissioners.
Quarterly
meetings.
Called meetings.
Road literature.
Commissioners to
fix rate of road
tax.
Limits.
Report of rate to
county commis-
sioners.
Sec. 5. That tbe members of said board of road commissioners
shall qualify before any officer authorized to administer oaths, on
or before the first iMonday in December immediately followinjr
their election, except those mentioned in section three above ; and
all vacancies on said board, caused by a failure to qualify or
otherwise, shall be filled by said board by the appointment of a
member, and said appointee, upon his qualification within a rea-
sonable time, shall fill the unexpired term.
Sec. G. That the members of said board named in section three
above shall qualify on or before the first Monday in May, one thou-
sand nine hundred and ten, and they shall meet in Jackson on or
before the first INIouday in June, one thousand nine hundred and
ten, and organize by electing one of their number as chairman
and by electing a secretary, who may be one of the board. The
Secretary shall, in a book suitable for the purpose, keep a full
and perfect record of all the proceedings and actions of the board,
which record shall be open to inspection of the citizens of the
county at reasonable times. The compensation of the secretary
shall not exceed two dollars (.1^2) per day for every day on which
said board shall meet. The compensation of the members of said
board shall be three dollars ($3) per day and mileage, at five
cents a mile. Said board shall meet quarterly, on the first Mon-
days in December, March, .Tune and September, and oftener if
necessary or important, upon a call of the chairman or of any
member, if requested by a majority of the .members ; and said
board is authorized to purchase literature on the subject of roads,
not to cost more than twenty-five dollars ($25). At all of their
meetings, which shall be held in Jackson, they shall be authorized
to transact any business and duties with reference to the roads
of the county or within their jurisdiction.
Sec. 7. At or before their meeting in .Tune of each year said
board of road commissioners shall consult together as to the
amount of money reasonably necessary to purchase suitable tools,
machinery, teams and supplies for the proper working and improv-
ing and establishing the public roads in said county, and to pay
all the expenses thereof, and the expenses pertaining to the per-
formance of their duties for one year, and shall fix and determine
the rate of taxation on the property and polls of said county for
the purposes of raising said amount, which rate shall not be less
than ten (10) cents on the one hundred dollars ($100) valua-
tion of real and personal property nor more than twenty (20)
cents on the one hundred dollars ($100) thereof, and not less than
thirty (30) cents nor more than sixty (00) cents on the poll for
any year ; and said board of road commissioners shall report the
rate of taxation thus ascertained and determined by them to the
board of county commissioners of said county on or before their
June meeting in each and every year, and it shall be the duty of
1909 — Chaptee 390. 449
said board of county commissioners, at their meeting in June (or
at such time as may be fixed by law), to levy a special tax, as Levy of road tax.
determined by said board of road commissioners, but the rate
shall be in the discretion of the board of county commissioners.
Said taxes shall be collected as other taxes are collected, and Collection of
shall be kept separate by the coiuity treasurer and paid out by
him only upon proper orders of the board of road commissioners.
Such taxes shall be levied upon and collected out of the property
and polls, whether in incorporated towns or otherwise.
Sec. 8. One-half of the net proceeds of all dispensaries now es- Proceeds of dis-
tablished or hereafter to be established in' Northampton County p®"*'^'''^^-
shall be paid to the treasurer of said county for the use and bene-
fit of the road fund, and shall be paid out by said treasurer only
upon the proper order of the board of road commissioners. The
treasurers of the different towns having dispensaries shall pay
over to the county treasurer the amounts due to said road fund
which may be in his hands, at least as often as every six months.
The said treasurers and other officers shall receive the same fees Fees of oflBcers.
and commissions for receiving, collecting and disbursing any and
all taxes and moneys as they are entitled to in other like cases.
Sec. 9. That after January first, one thousand nine hundred Persons subject
„ to road duty,
and nine, every able-bodied male person between the ages of
twenty-one (21) and forty-five (45) years residing in said county
shall be liable annually to perform three days' labor upon the Road duty,
roads of said county, under the supervision and direction of the
road supervisor, overseer or other officer appointed by the board
of road commissioners, who may assign such person to any por-
tion of the road in the township in which said person resides as
said officer may think best : Provided, Jioiccver, that any such per- Proviso: com-
sou shall be discharged from such labor for one year upon the ™" ^ '°'^"
payment to the proper officer of the sum of one dollar ($1) per
annum in lieu thereof: Provided, that such sum shall be paid on Proviso: time for
or before the first day of March of said year. pajmen .
Sec. 10. All persons who shall be liable to pay poll, tax, and Road work in
who fail to pay the same, shall be liable and compellable to work tax.
four days on the said roads, under the direction and control of
the road supervisor or officer in his township.
Sec. 11. That the judges of the superior and criminal courts of Convicts to be
this State are hereby authorized and empowered to sentence con- work." ^'
victs in said county or in other counties to work upon the public
roads in Northampton County ; and all the .justices of the peace
and mayors of towns of said county are hereby authorized and
empowered to sentence persons tried before them and found guilty
of violating the criminal law within their jurisdiction, or of
vagrancy, to sentence said persons so convicted to work upon the
said public roads: Provided, that no person shall be required to Proviso: limit of
work for a longer time than that for which he could have been 'mpr'-'^oiiinent.
rub.— 20
450
1909— CirAi'TER 390.
Proviso: allow-
ance for good
behavior.
Care and safe-
keeping of con-
victs.
County road fum
Orders on road
funds.
Proviso: appor-
tionment to town-
ships.
County super-
visor.
Salary and bond.
Duty of county
supervisor.
Work by contract.
Quarterly reports.
Term of super-
visor.
Township super-
visors.
imprisoned for the offense: Provided further, that the said board
of road commissioners and its authorized officers may shorten the
time of Labor in any individual case as much as one-tifth for good
behavior and faithful performance of duty.
Sec. 12. That the board of road commissioners shall be author-
ized to provide proper quarters for convicts and to employ suita-
ble .guards and overseers, and to provide means for their safe-
Iceeping and control, out of the road funds.
Sec. 13. That the taxes and other revenues raised under this
act or under any hnv shall constitute a general road fund for the
construction and improvement of the roads and bridges of said
county and for the purchase and maintenance of tools, machinery,
teams and otlier supplies or equipments for the better prosecution
of the work, and shall be expended according to the judgment and
discretion of the board of road commissioners ; and said board
shall, as often as they deem necessary, issue warrants or orders
u]K)n the county treasurer directing him to pay to the supervisor
or other officer of roads the amount therein specified for the pur-
pose of carrying on the provisions of this act: Provided, hoioever.
that at least seventy-five (75) per cent of the net proceeds of the
taxes paid on the property and polls shall be expended on the im-
provement of the roads and bridges of the township from which
the same was collected.
Sec. 14. That said board of road commissioners, on the first
Monday in December or on the first ^londay in March of each
year, shall elect a county supervisor of roads, at a salai'y to be
fixed by said board, and who shall be required to give bond, paya-
ble to the county, in a sum to be fixed and approved by said
board, for the faithful and honest performance of his duties,
which bond shall be filed and recorded. It shall be the duty of
said county supervisor, subject to the approval of said board, to
supervise, direct and have charge of the maintenance of the roads
of the county and of the teams, tools, machinery, etc., for their
working. Any part of said work may be done by contract, if
deemed best by said supervisor and approved by said board. Said
supervisor shall see that all work on said roads is promptly, prop-
erly and economically done. He shall make quarterly reports, in
writing, to said board, giving the condition of all the principal
roads of the county, suggesting and recommending methods and
means of improvement and the probable costs thereof, besides em-
bracing the matters required by section sixteen of this chapter,
which written rei^orts and recommendations shall be filed with
the clerk of the board ; and the board shall provide money for any
work which they may i-egard necessary. Said supervisor shall
hold his office until his successor is elected and qualified. The
board of road commissioners shall, on either the first Monday in
December or the first Monday in March of each year, elect and
)
1909— Chapter 390. 451
appoint one efficient man in eacli township, who shall be a super-
visor for his respective township, and each of said township su- Bond,
pervisors may be required to give bond for the faithful perform-
ance of the duties of his office, payable to said county, which
bonds shall be filed and recorded as provided for county super-
visors" bonds. Said township supervisor shall hold his office until Term.
his successor is elected and qualified. In the appointment of said
township supervisors the board may ask and consider the recom-
mendations of the county supervisor. The board may appoint
more than one supervisor for any township if they deem it for the
best interest to do so. The township supervisors shall cause !\11 Powers and duties
necessary or emergency work to be done in their respective town- °jsQ°g"''"P ''"^p^'^'
ships, either by contract or other most efficient and economical
methods, in the absence of the county supervisor ; and they may
do. direct or have done any other work on the roads of their
respective townships, under the direction or authority of the
county supervisor, to be approved by the board of road commis-
sioners, or by authority and direction of said board. Said town-
ship supervisor shall attend the meetings of the board of road
commissioners at their sessions in March and December of each
year, and each shall make a written report to said board of the Reports.
• •onditions of the roads of his township, and suggest and recom-
mend methods and means for improvement of same, besides ren-
dering an itemized statement, as prescribed in section fifteen of
said chapter, which reports shall be filed with the clerk of the
bf)ard. The board may require any of said supervisors to report
oftener if they deem it best. The board of road commissioners
may appoint the county and township supervisors at some meet-
ing later than the first Monday in March, in the year one thou-
sand nine hundred and nine. The salaries of the different town- Salaries of town-
sliip supervisors shall be fixed by said l)oard. l)ased upon the effi- ^'"P supervisors.
<iency of each and the amount and quality of the work done or
caused to be done by him, and said salary may be conditional or
contingent, or may not be fixed until the board have found, from
tlie actions and efforts of each supervisor and the circumstances
of his township, as to his qualifications and merits and the work
required of and done by him.
Sec. 15. Every su])ervisor or other officer may be reiiuired to Bonds may be
execute a proper undertaking, in an amount to be fixed by said officers'^ °^
board of road commissioners, for the faithful performance of his
duties and for the proper accounting for the funds and property
which may come into his hands as such, and shall always be sub-
ject to the orders and control of said board, and may be at any Removal for
time removed by them for inefficiency, misconduct and other good ^^.use.
cause, and a successor may be appointed by them.
Sec. 36. The county supervisor shall have charge and manage- county super-
ment of the plans, laboi-. teams, tools, apparatus and machineiT ^'^°^- ,
,,.,' ,.,, Itemized state-
used on the roads under his charge, and shall render an itemized ments.
452
1909— Chapter 390.
statements ren-
dered quarterly.
Further duties.
Powers of com-
missioners.
Purchase of
material and
machinery.
Annual state-
ments.
Orders paid by
county treasurer.
Powers and juris-
diction of board.
Entry on lands
for material.
statement on account of the number of hands or persons, includ-
ing convicts, worked on the roads, the number of hours or days
worked, the amount paid each hand, and the amount of money
received and how the same was disbursed, and a list of the tools,
machinery, implements, dumps, carts, teams and other apparatus
in his hands, and the condition thereof, and any other informa-
tion in reference to his management that may be reasonably re-
quired. Said reports sliall be made quarterly or oftener to said
board. He shall have the teams and all apparatus properly cared
for. In all matters he shall be subject to the control and direction
of said board.
Sec. 17. That said board of road commissioners shall have full
power and discretion to adopt such methods and means and agen-
cies for and in the management of improvement and working of
said roads as they may determine to be wise and best, regardless
of any seeming limitations or restrictions in this act ; and they
may also make such purchases of gravel pits, lands, timbers and
machinery and teams as they may deem wise and important for
the improvement of the roads ; and they may have any of the
roads or any parts of the roads widened, so as to make them or
such parts thereof twelve feet on either side from the center, thus
making said roads twenty-four feet wide.
Sec. 18. That the board of road commissioners shall make an
annual statement of all their doings and proceedings, in the same
manner and at the same time as is required by the board of county
commissioners, which statement shall be recorded and preserved
by the register of deeds in a suitable book, which shall be subject
to the inspection of the public, and the register of deeds shall re-
ceive the same fees for such services as he receives in other like
cases.
Sec. 19. All orders or warrants of said board on the county
treasurer, authenticated as is required for such orders of the
board of county commissioners, shall be paid by said treasurer out
of the road funds in his hands.
Sec. 20. That the board of road commissioners shall have all
the powers and jurisdiction given to the board of county commis-
sioners and justices of the i^eace in chapter fifty of The Code and
the amendments thereto, and may exercise the same, where not
inconsistent with this act ; and the provisions of said chapter and
the amendments thereto, where inconsistent herewith, are to re-
main in force.
Sec. 21. That for the purpose of repairing and constructing and
improving the public roads the supervisor or other officers em-
ployed by said board shall have authority to enter upon any un-
cultivated lands, near to or adjoining the roads, or any improved
or cultivated lands, where unencumbered by cultivated crops ; to cut
and carry away timber, except trees or groves left for ornament
or shade ; to dig or cause to be dug and carried away gravel, earth.
1909— Chapter 390—391. 453
sand or stoue which may be necessary to repair or improve said
road ; to malce such drains or ditches through the same as may
be necessary for the benefit of the road, doing as little injury to
the land as possible; and any person willfully obstructing or re-
sisting the performance of these duties, or willfully obstructing
such ditches or drains, when made, shall be guilty of a misde-
meanor ; and anv such supervisor, officer or employee maliciously Injury to lands a
,,,.,. ^, raiscienieanor.
or needlessly injuring or damagnig any lands or timbers m the
performance of his duties shall be guilty of a misdemeanor.
Sec. 22. That any person willfully violating any of the provis- Violation of act
„ , . , , ,, , .,^ J, .J a misdemeanor.
ions and requirements of this act shall be guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not more than Punishment.
fifty dollars ($50) or imprisoned or sentenced to work upon the
roads for not more than thirty (30) days.
Sec. 23. That all laws and clauses of laws in conflict with this
act are herebj' repealed.
Sec. 24. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2Gth day of February, A. D. 1909.
CHAPTER 391.
AN ACT TO PROVIDE A BETTER SYSTEM FOR WORKING
AND MAINTAINING THE PUBLIC ROADS IN TRANSYI.-
VANIA COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That the roads and ways of Transylvania County, Public roads and
for the purposes of this act, shall be, as hereinafter provided, ^'^^ ^^^y''-
divided into public roads and cartways; and for the proper con- Tax for public
struction, improvement and maintenance of the public I'oads of
said county the board of commissioners thereof shall levy an an-
nual tax, as hereinafter provided, and the said board of com- Appointment of
missioners shall, on the first Monday in April, one thousand nine trustees^ ^°^
hundred and nine, appoint a board of road trustees for each town-
ship in said county, which boards shall be composed of three good
and lawful men, resident of such township. The term of office of Terms of trustees.
the first road trustee shall be six years ; the second, four years,
and the third, two years; and one successor of one trustee shall Appointment of
successors
be appointed for each of said townships in April, one thousand
nine hundred and eleven, by said board of commissioners, and
annually thereafter, for the term of two years ; and that in event Vacancies.
of a vacancy occurring in any of said boards of road trustees,
by death, resignation, removal from the township or otherwise,
the said commissioners shall api)oint his successor to fill the
454
1909— Chapter 301.
Trustees incor-
porated.
Corporate name.
Annual meeting
of trustees.
Organization.
Report of organ-
ization.
Semiannual
meetings.
Record of pro-
ceedings.
Treasurer to give
bond.
Corporate rights.
Exemption from
road duty.
Compensation.
Examination of
and report on
roads.
Power to lay out,
alter and discon-
tinue roads.
uuexpii-ed term. The said trustees are incorporated the "Board
of Road Trustees" of such township, and the same shall he their
incorporate name.
Sec. 2. That the road trustees for each of said townships shall
meet on the first Saturday in May, one thousand nine hundred
and nine, and annually thereafter, and organize by electing on«"
of their number chairman, one secretary and one treasurer, or
if they shall deem it advisable they may elect one of their number
secretary-treasurer, and he shall forthwith report to the com-
missioners of said county, in writing, a list of the otficers thus
elected, which report shall be kept on file in the register's otiice
of said county ; that the trustees, for the purpose of perforiuing
the duties herein required of them, shall meet semiannually, and
oftener if in their judgment they shall deem it necessary, for the
proper transaction of the duties herein imposed, and their secre-
tai'y shall keep a record of all their meetings and proceedings ;
that the treasurer of said road trustees shall enter into a good
and sutHcient bond, to be approved by the other members of said
board of road trustees, payable to the State of North Carolina,
in trust for each township, in not less tlian the sum of one hun-
dred dollars, and in no case less than double the tax levied for
road purposes under this act for such township for such year,
which bond shall forthwith be returned to and filed in the otfice
of the register of deeds of said county; that said bond shall be
conditioned that said treasurer of said board of road trustees shall
feithfully, well and truly perform all duties, acts and things re-
quired of him under this act to be done and performed, and he
and his sureties upon such bond shall be liable thereon for any
default of the treasurer to do and perform any duty or duties
required of him under this act ; that the said road ti'ustees. in
their corporate name aforesaid, shall have the right to sue and be
sued, plead and be impleaded in any of the coui'ts of this State;
that the said road trustees shall be exempt from the number of
days labor hereinafter required in this act upon the public roads
of their township, and shall be entitled to such compensation
as is hereinafter named.
Sec. 3. That it shall be the duty of the road trustees to examine
into the condition of the public roads of their respective town-
ships at least twice in each year, and make a report in duplicate
on the condition of said public roads, and present one copy of
said report to the board of commissioners of said county at their
May and November meetings, and in addition thereto the said
road trustees shall forthwith file one copy of said report with
the clerk of the Superior Court of said county for the use of the
solicitor, with such instruction and recommendation as they may
deem proper ; that the said road trustees shall have the right,
upon petition of the citizens of their township, or without such
1909— CiiAPTEK 391. 455
lietitiou if they shall deem it best for the interest of the triiveliug
public, to lay out, alter or discoutiuue public roads that are
wholly within their township, or when such proposed new roads,
alteration or discontinuance is wholly within their township, with
as little injury to tlie lands through which the same passes as may
be (-(.nsisteut with the best interest of the traveling public ; and ^^gf^lficatTof "'^
the said road trustees, taking into consideration the advantages damages.
and disadvantages to the owner of the land through which these
roads thus altered or laid out pass, shall assess- the damages, if
any, caused thereby, and such damages thus assessed shall be
deemed a charge against the county, and the said road trustees
shall make a certificate of such damages, showing for what al-
lowed, the amount and to whom payable, which certificate shall
be forthwith filed with the board of commissioners of said county,
and. unless it shall appear to said commissioners that the dam-
ages are exorbitant and unjust, shall be allowed by them ; that Appeal to county
. , , , , . -! XI, J 4. j.„„„ commissioners.
any person or persons aggrieved by the action ot the road trustees
in laying out, altering or discontinuing any public road, as afore-
said, as allowed for the amount of damages allowed for laying
out any new road or altering an old road, as aforesaid, may, upon Bond on appeal,
giving a bond, with sufficient justified surety, to be approved by
the road trustees, in not less than the sum of one hundred dollars,
and conditioned for the payment of all costs which may be ad-
judged against him or them by reason of such appeal, appeal to
the board of commissioners of said county : Provided, notice of Proviso: notice of
appeal,
appeal be given to the said road trustees by the party or parties
aggrieved within ten days after the act complained of. That Procedure on
the said commissioners shall hear and determine such appeal, and
if the same be against the appellant it shall be their duty to
enter judgment against the appellant and his sureties for the
cost of the appeal, with all the force and effect of a judgment
in the Superior Court : Provided, that any party or parties ag- Proviso: appeal
grieved by the action of the commissioners in such matter may ^° Superior Court.
ajipeal to the Superior Court of said county in the manner set
forth in the next succeeding section.
Skc. 4. That when it is desired to lay out a new road or alter Roads extending
1- X- i-i- .:! T X T • J. A ™ into two or more
or discontinue any public road or roads extending into two or more townships.
townships, the right to do the same shall be in the county com-
missi(mers, and shall be done subject to and as is provided for
in chapter sixty-five. Volume One, of the Revisal of one thousand
nine hundred and five: J'rovided, that posting notice of the Proviso: notice of
l)etition at the courthouse door for thirty days, and at some public
place in each township through any part of which said road passes,
for twenty days prior to the hearing for said petition, shall be
sufficient for the notice required in section two thousand six hun-
dred and eighty-four of said Revisal : Provided further, that Proviso: bond on
any person or persons desiring to appeal to the Superior Court
456
1909— CiiAPTEK 391.
Control of roads
in townships.
Construction of
public roads.
Proviso: persons
not required to
work outside of
township.
Road districts.
Election of super-
visors.
Bonds of super-
visors.
Power and con-
trol of trustees.
Vacancy filled.
Removal for
cause.
Supervisor to
qualify.
Semiannual
reports.
from the order of the board of commissiouers shall first give bond,
with approved security, iu not less than the sum of one hundred
dollars, couditioued to pay all such costs as may be adjudged
against him or them by reason of such appeal.
Sec. 5. That all roads, when laid out for construction or amend-
ment under the provisions of the preceding sections, shall by
reason of this act be deemed divided, so that the road trustees of
each township shall have control of so much thereof as lies wholly
within their township ; and all public roads laid out or amended
under sections three and four of this act shall be constructed as is
in this act provided for the construction and maintenance of the
public roads : Provided, that no person shall be required to go
out of his township to help in working or constructing any road.
Sec. 6. That the road trustees of the several townships of said
county shall, on the first Monday of May, one thousand nine hun-
dred and nine, or within ten days thereafter, divide their respec-
tive townships into suitable road districts, and on the first Mon-
day in March, one thousand nine hundred and ten, and annually
thereafter, make such alteration as they may deem proper, and
cause a brief description thei'eof to be made on the township
records ; also to furnish each supervisor with a description of his
road district ; that the road trustees of each township, at the
meeting at which they divide their township into road districts,
as aforesaid, and annually thereafter, shall elect one supervisor
for their township, who shall have charge of the several road
districts therein; but if in their judgment they should consider it
best suited to the conditions in their township, they may elect more
than one supervisor, and assign to each the districts which he
shall have charge of, under the provisions of this act ; that the
road trustees shall cause each supervisor to enter into a bond iu
not less than the sum of one hundred dollars, executed to the
State of North Carolina in trust for said township, with sufficient
surety, to be approved by the road trustees for such township ;
that the road trustees shall have general power and control over
the public roads in their townships, and shall confer with and may
direct the supervisor as to the best methods of constructing, main-
taining and permanently improving the public roads ; that in case
of a vacancy in the office of supervisor, occurring by death, resigna-
tion, removal or otherwise, the road trustees shall appoint his
successor for the unexpired term, and may at any time when
they shall deem it for the best interest of the public roads of their
township remove any supervisor from otfice and appoint his suc-
cessor.
Sec. 7. That each supervisor, before entering upon tlie duties
of his office, shall take an oath faithfully and impartially to
discharge the duties of said office, and shall make and execute
bond, with approved surety, such as may be required of him, as
aforesaid, by the road trustees, and shall at each semiannual meet-
1909— Chapter 391. 457
ing of the road trustees, and oftener if directed by them, make
a report of the couditiou of the roads UDder his charge, the char-
acter aud extent of the worii he has doue on the same, the num-
ber of persons subject to road duty, as defined in section nine of
this act, in each road district under his charge, and the number
of daj's work by each of said persons ; the name of each person
who has paid cash in lieu of services, aud the amount of cash paid
by each ; the full amount of receipts and the amount and manner
of all expenditures during said semiannual period; the number
of days worked by him on the roads of his district and the
number of hands worked each day, aud the number of judgments,
fines and penalties taken by him under this act, against whom,
and -the amounts due thereon, if any, and all such other matters
as the road trustees may require of him appertaining to his
duties or relating to the condition of his road.
Sec. S. That it shall be the duty of each and every supervisor, Duty of super-
subject to such directions as the road trustees may deem proper "^'isor.
to make as to the manner of doing the same, to open or cause
to be opened all public roads which shall have been or may here-
after be laid out aud established in his road district, the same
to keep in repair, and remove or cause to be removed all ob-
structions that may from time to time be found thereon, for Entry on lands
which purposes the supervisors are hereby authorized to enter ^°^ material,
upon any lands not encumbered by crops near to or adjoining such
roads, to cut and carry away timber, except trees or groves on.
improved land i)lanted or left for ornament or shade ; to dig or
cause to be dug and carried away any gravel, sand, clay, marl or
stone which may be necessary to make, improve or repair said
road, and to enter on any lauds adjoining or lying near the road Drains or ditches
to make such drains or ditches through the same as he may deem
necessary for the benefit of the road, doing as little injury to
said lauds and improvements thereon and timber as the nature
of the case and public good will permit; aud the drains or ditches
so made shall be conducted to the nearest water course, ditch or
drain, and shall be kept open by the supervisors and shall not be
obstructed by the owners or occupier of said land or any person
or persons having the same in charge, under the penalty of for- Forfeit for
feitiug a sum not exceeding ten dollars for each and every of- dltciie^'^'"^
fense, to be collected by the supervisor and paid over by him
to the road trustees and applied to the road fund of said town-
ship; and if the supervisor shall willfully injure any cultivated Injury to lands a
or improved land by failure to conduct said drains and ditches "^'s^emeanor.
to the nearest water way, ditch or drain, and keep said drains
and ditches in repair, he shall be guilty of a misdemeanor.
Six. 9. That all able-bodied male persons and all male persons Persons subject
able to perform the labor herein required, between the ages of ^° '""^'^ '^"'^^"
eighteen and forty-five years, shall be liable annually to do and Road duty,
perform five days' labor on the public roads, under the direction
458 1909— Chapter 39 J.
Proviso: commu- of the supervisor of the ruud district in wliich he resides: I'ra-
^ '°"' vided, that if any person, being warned, as hereinafter provided,
shall pay to the supervisor of his road district the sum of one
dollar for each day's labor required by this act, the same shall
be received in lieu of each day's labor and sliall be applied by the
road supervisor receiving the same to the improvement of the
Proviso: emer- roads in that district : Provided, that if from heavy rains, floods,
£6ncv work
washouts or any unusual injury to the roads the road trustees
shall be of the opinion that the condition of the roads in their
townsliip demands it, they may increase the number of days
labor for each person subject to road duty, as above, to not more
Proviso: day's than seA'en days: Provided further, that ten hours shall constitute
work.
a day s work, as requu'ed under this act.
Supervisor to 8^^. lU. That it shall be the duty of every supervisor to order
warn liands. " • '■
out every such person resident as aforesaid, between the first day
of March and the first day of December, annually, to do and
perform the work aforesaid on the public roads within the dis-
Forfeit for failure trict ; and if any such resident, being personally warned bv such
to attend and > .-^ i ,j
work. supervisor or by leaving a written notice at his usual abode, shall
refuse or neglect, having had at least two days' notice, to attend
himself or by an able-bodied substitute acceptable to the super-
visor, or, having attended, shall refuse to obey the directions of
the supervisor or shall spend the time in idleness or inattention
to the duties assigned him, every such delinquent shall forfeit and
V pay the sum of one dollar for every such ofifense, and shall further
be liable in all cases of nonattendance to the amount of labor
required by the road trustees in such township, to be recovered
by an action before any justice of the peace of the proper town-
ship, at the suit of the supervisor within whose district he may
Misdemeanor. reside, and shall also be guilty of a misdemeanor and fined not
unift imen . exceeding five dollars or imprisoned not exceeding five days ; and
the money so collected shall be applied by said supervisor to the
improvement of the roads within his district, and accounted for
Proviso: road by him at the annual settlement with the road trustees : Provided.
■ that no person shall be released from the performance of the labor
on the public roads by reason of the neglect of any supervisor to
order out such person on or before the first day of December, as
herein provided.
Removals. Sec. 11. That in case any person shall remove from any dis-
trict to another, who has prior to such removal performed the
whole or any part of the labor aforesaid, or In any way has paid
the whole or any part of the money due in lieu of such labor, and
shall produce a certificate of the same from the supervisor of the
proper district, such certificate shall be a complete release for the
amount or time therein specified.
Persons warned Sec. 12. That any person of road age. as defined in this act,
impiements"^ ^^ who shall be summoned, as hereinbefore provided, to perform any
labor upon the public roads under the provisions of this act, shall
1909— Chapter 391. 459
by himself or by au able-bodied substitute apijear at the place ap-
pointed by the supervisor at the hour of seveu o'clock A. M., with
the necessary tools aud implements, as the supervisor may direct,
and the supervisor may arrange for the use of teams, wagons. Teams and
carts, plows or scrapers to be employed and used on the roads "^^'^ iiner\ .
under his direction, upon terms and prices to be approved by the
board of trustees.
Shx. 13. That for the purpose provided iu this act, as to the Residence defined,
liability of any person to work on the roads, as aforesaid, his
residence shall be deemed to be iu the township iu which he sleeps
live days previous to the time set for working said roads : Pro- Pro\ iso: receipts
vided, that a properly verified receipt from some road official or ^ ^'"^ "
tax collector from any State, county, city or town or other dis-
trict shall relieve any holder of same from an equal amount of
work or sum of money due under this act as said receipt or
certificate shall specify: Provided further, that no hona fide guest Proviso: tem-
,. , ., . , ,. porary residents
ot any hotel or boarding house temporarily staying or boarding not liable.
in Transylvania County shall be liable to road duty.
Sec. 14. That the several supervisors within their respective Collections of
districts shall collect, by suit or otherwise, all fines, forfeitures and^penalties.*^*
and penalties arising or accruing under the provisions of this act,
unless the collection thereof is otherwise herein provided for ; and
they are hereby authorized and directed, before their settlement
with the road trustees, to prosecute to final judgment all actions
against any and all persons neglecting or refusing to comply with
the provisions of this act from whom such fines, forfeitures and
penalties can be collected or enforced ; and the said judgment, if
not paid, together with the costs therein, shall remain and be
enforced against the judgment debtor.
Sec. 15. That all moneys remaining in the hands of any sui)er- Money to be paid
visor at the time of the annual settlement with the road trustees '^^^^'
shall be paid over to his successor in the office as soon as such
successor shall be elected and qualified, taking a receipt therefor
and depositing same with said road trustees. It shall be lawful Execution on
for any supervisor to have execution issued on any judgment that ^" *^"'^'^ •
remains unpaid within his district at any time when in his opinion
the same can be collected, and the money so received, when col-
lected, shall be expended as provided in the foregoing sections.
Sec. 16. That the commissioners of said county are hereby au- Road tax to be
thorized to and shall levy at the .Tune session of their board, in '''^■'^'''•
one thousand nine hundred and nine, and annually thereafter,
for the purposes hereinafter mentioned in this act, not less than Rate,
five nor more than fifteen cents on every hundred dollars' worth
of taxable property in said county, and the chairman of said
commissioners shall cause the same to be placed on the list for
the current year, to be included in and collected in the annual Division as to
taxes, and the amount collected for each township shall be set °^"^"P^-
aside for and used in each township for the purposes hereinafter
460
1909— Chapter 391.
Trustees to confer
with commis-
sioners.
Special tovvnsiiip
tax.
Proviso: limit.
Collection of tax.
Taxes kept sepa-
rate.
Road tax lists.
Labor in payment
of road tax.
Certificate of pay-
ment.
Certificates re-
ceived as taxes.
Settlements of
taxes.
Provi.^o: com-
missions of col-
lector.
mentioned; and it shall be the duty of the board of trustees of
each township to confer with and nialie recommendation to the
county commissioners as to the amount of tax needed in each town-
ship for the purposes hereinafter mentioned ; and if said com-
missioners shall be satisfied from such recommendation that any
township needs for said purposes more tax for the ensuing year,
the said commissioners may on the first Monday in June of each
year levy an additional tax for said purposes in said township :
Provided, that said levy shall not exceed the limitation hereinbe-
fore mentioned in this section, nor be less than the minimum levy
mentioned in this section, and the taxes levied by virtue of this
act shall be collected by the sheriff or tax collector in the same
manner and under same pains and penalties as provided for by
the law for collecting general taxes.
Sec. 17. That the road tax levied under this act shall be made
out and kept in a separate item on the tax list, and appear in a
separate item on the tax receipt; that the cleric of the board of
commissioners shall, at the earliest date practicable, and not later
than the fifteenth day of September in each year, furnish to the
treasurer of the board of road trustees of each township a state-
ment containing the name of each person against whom a road
tax is levied in said township and the amount of tax levied against
every such person ; that the treasurer shall immediately notify the
supervisor or supervisors of his township that he has such list, and
said supervisor shall take an exact copy of so much thereof as
affects taxpaj^ers within his district or districts ; and that any
person charged with road tax may discharge the same by labor
on the public roads within the district where the same is charged
within the time designated within this act, at the rate of one
dollar per day, and a ratable allowance per day for any time,
implements and material furnished by any person under the direc-
tion of the supervisor of each district, who shall give to such
person a certificate specifying the amount of tax so paid and the
name of person and the district and township wherein such labor
was performed, which certificate shall in no case be given for
any greater sum than the tax charged against such person, and
the tax collector shall receive all such certificates as payment and
discharge of said road tax; that the tax collector shall pay the
amount of taxes collected in each ta\vnship to the treasurer of
the boai'd of road trustees of said township, talcing from such
treasurer his receipt therefor, stating separately the amount paid
in cash and the amount paid by turning in certificates of labor as
aforesaid from the supervisor of said township, which receipt sliall
be a valid voucher in settlement of such tax collector with the
commissioners of said county for the road tax of said township:
Provided, that the tax collector shall receive commissions only
upon the amount of road tax actually collected in cash by him.
I
1909— Chapter 391. 461
Sec. is. That the moneys paid into the hands of the treasurer Expenditure of
road lunds.
of the road trustees under this act shall be expended as the road
trustees may direct for the construction, maintenance and im-
provement of the public roads of their township, and, in deter-
mining the division of the funds, shall be governed, not by the
miles of road in each district, but by the necessities of the roads,
the convenience of getting material and quantity of material neces-
sary to malve substantial repairs and improvements, and thus
make a just and equitable division of the funds to the needs of
roads, and said money shall be used, so far as practicable, in
making most permanent and lasting improvements upon said roads
possible.
Sec 19. That the treasurer of the board of road trustees shall Orders on road
disburse the funds coming into his hands under this act only upon
order signed by the chairman, stating the person to whom the
same is payable, the amount and the purpose for which the same
has been or is to be expended ; and the said treasurer shall at Itemized reports,
any time the same may be i-equired by the board of road trustees
make an itemized report of the amount of receipts and disburse-
ments which he has made.
Sec. 20. That the supervisor shall receive for his services the Pay of super-
sum of one dollar per day for the time actually employed on the ^''^
roads, and the board of road trustees shall receive the sum of Pay of trustees
one dollar per day for each member for each regular meeting and
the sum of seventy-five cents per day per member for each called
meeting of said board ; said amounts to be paid out of the road
funds of the township in which said trustees and supervisor are
acting: Provided further, that the board of road trustees of any Proviso: mini-
township may at any time fix the minimum number of hands to be ™"™ ° ^^"^ ^'
worked each day by the supervisor, and for such days as he
worlds a less number he shall not receive payment.
Sec. 21. The supervisors of each township or district are hereby Warning for
authorized to order out any or all persons liable to road duty in ^^nergency work,
their respective districts, without giving any previous notice
thereof, at any time of the year, to repair any damage or injury
done said roads by reason of rain storm or other means : Pro- Proviso: limit of
vided, however, that no person shall be required to work more ™^ ^ ^''
than seven days or pay more than seven dollars in any cuil'ent
year : Provided jurihcr, that any person ordered to work as above Proviso: com-
set out may pay one dollar per day in lieu of working on said "^u^ation.
roads.
Sec. 22. That the supervisors of public roads within said county Footbridges.
are hereby authorized and directed to construct footbridges over
streams of water in their districts, where the convenience of
travelers on foot require the same.
Sec. 23. That each supervisor within his district shall erect and Post' and guide-
maintain at the expense of the township, at the forks or crossing of '"^"^ ^'
public roads, a post and guideboard containing an inscription in
462
1909— Chapter 391.
Milepost.--
Injury to guide or
milepo.sts a mis-
demeanor.
Punishment.
Tools and imple-
ments.
Liability of
supervisors.
Width of road
Certificates for
material taken.
Presentation and
payment of
certificates.
Acts of super-
visor declared
misdemeanors.
logiblo letters directing the way aud distance to the town or towns
or other public place situate on each road, respectively, and shall
erect and maintalu mileposts on said public roads showing the
distance trom the county seat; and that any person who shall will-
fully demolish, tear down or deface any such guidepost or mile-
post shall be guilty of a misdemeanor, and upon conviction shall
be fined not exceeding twenty dollars or imprisoned not exceeiiing
twenty days.
Si:c. 24. That the road trustees of the s(>veral townships in said
county be and they are hereb.y authorized to furnish plows,
scrapers aud other tools as they may deem ]»roper for use ui)on
the public roads of their township, to be paid for out of any moneys
in the township for road purposes not otherwise appropriated.
The road trustees shall take a receipt from each supervisor for
such implements as they may deliver to him, showing the number,
kind and condition thereof ; and such supervisor shall be liable
for any injury or damage that may result to such implements
or to any of them by improper use thereof or by unnecessary ex-
posure to the weather during the time same may be in his posses-
sion, and he shall on the first Monday in March annually return
the same to said road trustees. The amount of which each super-
visor may be liable for such improper use or neglect may be re-
covered by an action In the name of the road trustees.
Sec. 25. That the right of way of public roads in said county
shall be twenty-four feet wide, and the supervisor, with the ap-
proval of the road trustees, shall determine how much of said
right of way shall be used for road purposes.
Sec. 26. That each and every supervisor who shall cut and take
any timber, stone, clay, marl, sand or gravel for the purpose of
making, improving or repairing any road or building or repairing
any bridge or crossway within his district, as is provided in sec-
tion eight of this act or otherwise, shall, on demand of the owners
of the lands, their agent or agents, or the guardian of any ward
or the executor or administrator having the lands in charge, from
which timber, stone, gravel or other material was taken, as afore-
said, shall give a certificate showing the quantity of such timber,
stone, gravel or other material, with the value thereof, respectively,
and the time and purposes for which the same were taken, and
upon presentation the road trustees shall allow said certificate,
it the same is just, but if not just, to allow such sum. if any, as
they may deem fair and just, and such sum shall be paid out of
the funds of said township.
Sec. 27. That if the supervisor shall willfully and wantonly
injure any crop or cultivated or improved lands in the exercise
of the duties devolving upon him in this act, or should fail to
conduct the drains and ditches mentioned in section eight of this
act to the nearest water way, ditch or drain, and keep said drain
1909— Chapter 391. 463
or ditch iu repair, lie sliall be guilty of a misdemeanor aud fined Punishment,
not exceeding twenty dollars.
Sec. 2S. Any person engaged in liauling or transporting saw snaking logs a
logs or other timbers on any public roads who shall transport or misdemeanor,
'•a use to be transported by means of chains and grab hoolvs or
otlier means to be made to slide on the roadbed by a method
known among lumbermen as "snaking" logs, shall be guilty of a
misdemeanor, aud on conviction shall be fined not exceeding fifty Punishment.
dollars or imprisoned not less than thirty days.
Sec. 29. That it shall be unlawful for any supervisor to perform Labor on roads
or cause to be performed any labor on any road not regularly laid bidden.
out and established as a public road by law.
Sec 30. That at anv time during the year when any public road Removal of
,.',,,, ,, , , ^ ^, . -, ,, obstructions from
shall be obstructed it shall be the duty ot the supervisor of the roads.
district in which the same may be situated forthwith to cause such
obstruction to be moved, for which purpose he shall immediately
order out such number of persons liable to do work or pay tax
upon the public roads of the district as he may deem necessary
to remove said obstruction. If the person or persons thus called Certificates for
out shall have performed their days of labor upon the public roads ^^ °'"'
or paid their road tax, the supervisor shall give to such ]ierson
or persons a certificate for the amount of labor performed, and
said certificate shall apply on the labor or tax that may be due
from such person or persons for the ensuing year : Provided, that Proviso: stock-
nothing herein shall be construed as to require the removal of ^"^ gates,
gates erected to enclose stock-law boundaries in said county.
Sec 31. That sections two thousand six hundred and eight-six Cart\vaj\s.
aud two thousand six hundred and ninety-four of Volume One of
Kevisal of one thousand nine hundred and five shall govern the
csrablishing and laying out of cartways, except that the duties
th<'reiu Imposed upon the board of supervisors of the township
shall devolve upon and be performed by the board of road trustees
for the township: Frovided, that said trustees, in case of appeal, proviso: bond on
shall require of appellant a bond sufficient to cover the cost of the appeal,
ajtpeal.
Six. 32. That as to unlawful obstruction of public roads and obstructions by
other injuries thereto by railroad companies, sections seventy-two, pan^g.'^ ^°™"
seventy-three, seventy-four and seventy-five of chapter fifty of the
Laws of one thousand nine hundred and one shall be and the same
are hereby made a part of this act.
Sec 33. That each and every supervisor who shall neglect or Penalty on super-
refuse to perform the several duties enjoined on him by this act, or^malfeasance.^
or who shall under any pretenses whatever give or sign any certifi-
cate or receipt purporting to be a certificate or receipt for labor
performed or money paid, unless the labor shall have been per-
formed or money paid jirior to the giving or signing of such receipt
or certificate, shall forfeit for every such offense not less than ten
464
1909— CiiAPTER 391.
Trustees to prose'
cute.
Proviso: right of
appeal.
Neglect of or
refusal to dis-
charge duty a
misdemeanor.
Punishment.'
Duty of solicitor.
Supervision and
control of bridges,
Money and
property to be
turned over.
Employment of
surveyor.
Use of special tax,
Proviso: bridges.
dollars nor more than fifty dollars, to be recovered by an action
before any justice of the peace in the proper township ; and it
■ is hereby made the duty of the road trustees to prosecute al!
offenses against the provisions of this section: Provided, that if
any supervisor conceives himself aggrieved by the judgment of
any such justice of the peace, he may, on giving sufficient security
to said justice of the peace for the payment of the costs, appeal to
the Superior Court, which shall make such order therein as to
it may appear just and reasonable, and shall also be liable on
his official bond for any loss resulting from such negligence and
wrongful conduct.
Sec. 34. That any road trustee, supervisor, secretary-treasurer
of the board of road trustees or other officer of said county of
whom any act or duty is required in this act to be done or per-
formed, and who shall neglect or refuse to do any such matter
or thing herein required, shall be guilty of a misdemeanor and
fined not exceeding two hundred dollars or imprisoned in the
discretion of the court, and it shall be the duty of the solicitor
for the Fifteenth Judicial District to prosecute all offenses against
this act.
Sec. 35. That the commissioners of said county shall have
supervision and control of the bridges of said county, the location,
construction, maintenance and repair of the same, as now pro-
vided by law, and nothing contained in this act shall in any way
alter or amend any law relating thereto.
Sec. 36. That all moneys, tools, road implements, machinery or
books now in the hands of any overseer, supervisor or other road
ofiicer of any township or road district in said county, and be-
longing to any such township or district at the time this act goes
into effect, shall be turned over and delivered to his or their
successor or successors under this act.
Sec. 37. That with the view of getting a proper grade in laying
out or amending any public road, as provided in this act, the
authorities herein authorized to locate and lay out the same may
employ a competent surveyor, who shall be paid by the township
in which the work is done for his services.
Sec. 38. That all moneys collected by the levy of taxes provided
for in this act shall be used annually for the purposes of laying
out, constructing and maintaining all public roads that may now
exist or may hereafter be laid out, and for the keeping up, con-
structing and repairing all bridges along the public roads of the
county costing less than fifty dollars: Provided, that all such
bridges in each and every township shall be constructed and kept
in repair by the money belonging to said township, as provided
for in this act.
1909— Chapter 391—392. 465
Sec. 39. That nothing contained in this act shall be construed Law not repealed.
in any manner to repeal chapter four hundred and ninety-one
of the Public Laws of one thousand nine hundred and seven.
Sec. 40. That all other laws and clauses of laws in conflict with
this act are hereby repealed.
Sec. 41. That this act shall be in force from and after the first When act
, - -, , . effective.
Monday in April, one thousand nine hundred and nine.
Ratified this the 27th day of February, A. D. 1909.
CHAPTER 392.
AN ACT FOR THE BETTER MAINTENANCE AND SUPPORT
OF THE PUBLIC SCHOOLS OF NEW HANOVER COUNTY.
The General Assemhlij of No7-tli Carolina do enact: ^
Section 1. That the Board of Commissioners of New Hanover Question of special
^ . . , , . -, ^ i, I j.i -J. £ 4-^ tax submitted to
County, in order to provide for the better maintenance of the voters.
public-school system in said county, be and they are hereby
authorized and directed, whenever requested by the board of
education of said county, to submit to a vote of the qualified
electors of New Hanover County the question, "Shall New Han-
■over County levy a special tax for the better maintenance and
support of the public schools of said county?" Said board of com- Kotice of election.
missioners shall for at least thirty (30) days preceding the said
election give public notice of the time and places for holding said
election and the purposes thereof by publication in one or more
newspapers published in said county.
Sec. 2. That said election shall be held and conducted, as near Law governing
as may be, in the same manner as prescribed by law for holding
elections for members of the General Assembly : Provided, how- Proviso: new
^, ^ . - , -, ^ . . , ,, T ■ i. registration; offi-
evcr, that said board of commissioners shall order a new registra- cers for election.
tion and appoint the registrars and judges of the election ; that Count and return
the vote shall be counted at the close of the polls, and returned °
to said board of commissioners on the second day next after
said election, and said board of commissioners shall tabulate and Declaration 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 election shall be
necessary. '
Sec. 3. That at said election the ballots shall have written or Ballots.
printed upon them the words "For Public-.school Tax" or "Against
Public-school Tax." All qualified voters who favor the levy of the
special tax shall vote "For Public-school Tax." All qualified
voters who are opposed thereto shall vote "Against Public-school
Tax."
Pub.— 30
466
1900— Chaptek 392—393.
Levy of tax if
voted for.
Rate.
Collection of tax.
Proviso: board of
education to fix
amount of levy.
Limit.
Sec. 4. That iu case the result of the election shall be in favor
of the levy of the special taxes, as aforesaid, said Board of Com-
missioners of New Hanover County shall levy, annually, on the
first Monday in June of each year, a special school tax for said
county of not more than fifteen cents on the one hundred dollars'
worth of property and not more than forty-five cents on each
poll ; the suli.iects of taxation and levy of taxes to be the same as
that on which the said board of county commissioners now or may
hereafter be authorized to lay and levy taxes for general county
purposes. The taxes so levied shall be collected as other taxes,
and the same shall be turned over to the county treasurer, to
be applied by the Board of Education of New Hanover County
for public-school purposes, as provided for by law : Provided,
the board of education shall be authorized to fix the amount of the
levy for each year at not more than fifteen cents on the one hun-
dred dollars' worth of property and not more than forty-five cents
on the poll, and certify the same to the board of commissioners
before the first Monday in June of each year.
Sec. 5. The expenses of holding the election shall be paid out
of the general school fund of the county of New Hanover.
Sec. 6. This act shall be in force from and after its ratification.
Ratified this the 27th day of February, A. D. inoo.
CHAPTER 393.
AN ACT FOR THE PURPOSE OF LEVYING A SPECIAL TAX
TO BUILD THE NECESSARY BRIDGES IN CHEROKEE
COUNTY.
Purpose of tax.
The General Assembly of 'North Carolina do enact:
Section 1. That for the purpose of building and erecting one or
more public bridges in the county of Cherokee across Hiawassee
River, Valley River and Notla River, and the repairing of the
Levy authorized, bridges of said rivers, the county commissioners of Cherokee
County may, if they deem it necessary, levy and assess each year,
at the time county taxes are levied and assessed, upon all the
taxable property, both real and personal, of every kind and
description, and upon all taxable polls under this act. not less
than five cents upon the one hundred dollars valuation of property
and fifteen cents upon each poll, and not more than twenty-five
cents upon the one hundred dollars valuation of property and
seventy-five cents on the poll: Provided, that in the levy and
assessment of said taxes the commissioners as aforesaid shall ob-
serve the constitutional equation between the property and the
poll.
Rate.
Constitutional
equation.
1909— Chapter 393—394. 467
Sec. 2. That for the purpose of this act the board of commis- Contracts for con-
siouers may contract with any persou, corporation or firm to re- repairs.
pair or construct or build a bridge or bridges, when in their opinion
it is necessary to repair or build same, for the better convenience
of the public travel ; to issue interest-bearing claims on the county issue of interest-
of Cherokee, with interest not to exceed six per cent per annum, authorfzed.'™^
and to be paid for in one, two, three, four and five years from ^P^^^''?^'
date of issue.
Sec. 3. That this act shall not be construed by any person or Discretion of
court to compel the commissioners to levy any tax for bridge
purposes whatever, and is entirely left in the discretion of the
commissioners of said county to levy said tax, when they deem
it necessary, for the repair and building of the public bridges of
Cherokee County.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 27th day of February, A. D. 1909.
commissioners.
CHAPTER 394.
.\N ACT TO AUTHORIZE THE COMMISSIONERS OF ASHE
COUNTY TO SELL THE PRESENT FARM AND HOME FOR
THE AGED AND INFIRM AND PURCHASE ANOTHER.
The General Assembly of Nortli Carolina do enact:
Section 1. That the commissioners of Ashe County be and are Sale directed.
hereby authorized and empowered and directed to sell the farm
upon which the present home for the aged and infirm is located,
either at public or private sale, as to them may seem for the
best interest of the county, and upon such terms as to them
appear best, and with the proceeds of the sale of said lands, Fund for pur-
together with an additional sum not to exceed ten thousand dol- focaUo^n. "^^
lars (.$10,000), to purchase another farm for the location of a
new home for the aged and infirm of said county and erect suitable
and sufficient buildings, including the necessary outbuildings, that
may be necessary for the comfort and care of the inmates of said
home, and furnish same with necessary furniture for the comfort of
said inmates ; that said commissioners are authorized to purchase Terms of pur-
said farm upon such terms as to them may seem for the best ^'^'^^^•
interest of the county, and may issue county claims in payment County claims in
of same, upon such terms and bearing interest at a sum not ex- P^y^^"*-
ceeding five per cent per annum, which said claims shall be paid Interest,
as other county indebtedness is paid in said county, or they may Special tax
in their discretion levy a special tax for the purpose of paying ^■uthorized.
for same, in which case said special tax shall be levied and col-
468
1909— Chaptek 394 — 395.
Rate.
Control of home.
Employment of
keeper.
Renting of farm
authorized.
Proviso: contract
In writing.
Bond for rental.
Allowance for
support of farm.
Stock and farm-
ing implements.
lected as the general taxes are levied and collected in said county,
and not exceeding ten cents on the one hundred dollars valuation
of property and thirty cents on each poll.
Sec. 2. That said commissioners shall have full and complete
control of said county home for the aged and infirm, and shall,
annually, at the December meeting, employ a keeper of the county
home and rent said farm to said keeper upon such conditions and
terms as to them may seem proper and just, or in their discretion
they may employ a keeper for said county home and rent the
said farm to another party upon such terms as to them may seem
for the best interest of the county and inmates of the home : Pro-
vided, hoicevcr, said commissioners shall reduce the contract be-
tween the keeper or person renting the county farm to writing
and have same recorded in their miimte docket, and shall require
the keeper or person so renting the farm to enter into a good and
sufiicient bond in the sum of not more than twenty-five hundred
dollars, to be approved by said board, conditioned upon the faithful
performance of the conditions of said rental contract as keeper of
the county home for the aged and infirm.
Sec. 3. That said commissioners are hereby authorized to make
any allowance for the support of the inmates in said county home,
in addition to the income of the county farm, if necessary, for
the support of said inmates.
Sec. 4. That said commissioners shall also purchase the neces-
sary stock and farming implements for said farm in their dis-
cretion.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 27th day of February, A. D. 1000.
CHAPTER 395.
AN ACT TO GRANT A NEW CHARTER TO THE CITY OF
HIGH POINT, GUILFORD COUNTY, NORTH CAROLINA,
REPEALING ALL LAWS OR PARTS OF LAWS IN CON-
FLICT HEREWITH.
Corporation con-
tinued.
Corporate name.
The General Assembly of North Carolina do enact:
Section 1. Corporate Name. — That all the inhabitants of the
city of High Point, Guilford County, North Carolina, as the
boundaries and limits of the said city are hei-ein established or
may be hereinafter established, shall continue to be a body politic,
incorporated under and to be known by the name and style of
the "City of High Point," with such powers, rights and duties as
are herein provided.
1909— Chapter 395. 469
Sec. 2. BouiiUarics. — That the bouudaries aud limits of said Boundaries,
corporation shall be two miles square, running with the cardinal
points of the compass, of which the center of Main Street crossing
with the Southern Railway shall be the center, and all the ter- Wards.
ritory contained within said boundaries or limits shall be divided
into four wards, as follows : The First Ward shall contain all the First ward,
territory lying north of the Southern Railway aud west of North
Main Street. The Second Ward shall contain all the territory Second ward,
lying north of the Southern Railway and east of North Main
Street. The Third Ward shall contain all the territory lying Third ward.
south of the Southern Railway and west of South Main Street.
The Fourth Ward shall contain all the territory lying south of the Fourth ward.
Southern Railway and east of South Main Street : Provided, that Proviso: power of
the city council shall have the power from time to time, j^y " y counci .
ordinance, to cause a division of said city to be made into as many
wards (not less than four) as they may deem necessary and for
the good of the inhabitants of said city.
Sec. 3. Platting of Property. — That should any property lying Platting of
within the city limits as established by this act be hereafter P'"°P'^^ y-
platted into bloclis aud lots, then and in that event the owners
of said property shall plat and lay off the same to conform to
the streets and lots abutting on same, and shall file with the
city engineer a correct map of same : Provided, that in no case Proviso: streets to
shall the city of High Point be required to pay for any of said ordtT ^'^"^^^^^
streets, at whatever date opened, but when opened by reason of
the platting of said property, at whatever date platted, they shall
become by such act the property of the city of High Point, for
use as public highways, aud shall be cared for as such.
Sec. 4. Corporate Poxcers. — The city of High Point, made a body Corporate powers.
politic and corporate by this act, shall have perpetual succession,
may use a common seal, may sue and be sued, may contract and
be contracted with, implead and be impleaded in all courts and
places, and in all matters whatever may take, hold and purchase
lands as may be needed for the coi'porate purposes of said city,
and may sell any real estate and personal property owned by it;
perform and render all public services, when deemed expedient ;
may condemn property for public use, and may hold, manage and
control the same; such condemnation proceedings to be governed
and controlled by the city council, and shall be subject to all the
■duties and obligations now pertaining to or encumbent upon said
citj', as a corporation, not in conflict with the provisions of this
act; and shall enjoy all the rights, immunities, powers, privileges
and franchises now possessed and enjoyed by said city and herein
granted and conferred. When any land or right of way shall be Procedure for
required for the purpose of opening new streets or for widening J'aken^or streets*
those already opened, or for other public use allowed by this
charter, and for want of agreement as to the compensation there-
for, and the same cannot be purchased from the owner or owners,
470 1909— Chapter 395.
the same may be taken at a valuation to be made by three free-
holders of the city, one to be chosen by the city council, one to
be chosen by property owner, and if these two cannot agree, they
to choose a third person; and in making said valuation said free-
holders, after being duly sworu by the mayor or justice of the
peace or cleric of a court of record, shall take into consideration
the loss or damage which may accrue to the owner in consequence
of the laud or right of way being surrendered, also any benefits
or advantages such owner may receive from the opening or
widening of such street or other improvements, and ascertain the
* sum which shall be paid to the owner of said property, and report
the same, under their hands and seal, to the citj^ council, which
report, on being confirmed by the council and spread upon their
minutes, shall have the effect of a judgment against said council
and shall pass the title to the city council in their corporate
capacity of the land so taken, and the land may at once be con-
Proviso: right of demned and used by the city for the purpose intended : Provided.
appeal.
if any person whose land is thus taken, or the city council, be
dissatisfied with the valuation that is made, then in that case
either party may have an appeal to the next Superior Court :
Proviso: appeal Provided, however, that such appeal shall not hinder or delay
not to delay pro- , , ., ., „ . -^ • i ^ ^
ceedings. the City council for opening or widening such street or creating
such other improvements.
Ordinances. Sec. 5. Poicers of Ordinance.— The city of High Point shall
have power to enact and to enforce all ordinances necessary to
protect health, life and property, and to prevent and summarily
abate and remove nuisances, and to preserve and to enforce the
good government, order and security of the city and its inhabit-
ants ; to protect the lives, health and property of all the in-
habitants of said city, and to enact and to enforce any and all
Proviso; ordi- ordinances upon any subject : Provided, that no ordinance shall
nances not in con-
flict with law. be enacted inconsistent with the laws of the State of North Caro-
Proviso: specifica- Una or inconsistent with the provisions of this act ; and Provided
.tion of powers
not a limitation, furiher, that the specification of particular powers shall never
be construed as a limitation upon the general powers herein
granted, it being intended by this act to grant to and bestow
upon the inhabitants of the city of High Point and the city of
High Point full power of self-government; and it shall have and
exercise all powers of municipal government not prohibited to it
by this charter or by some general law of the State of North
Carolina or by the provisions of the Constitution of the State
Authentication of of North Carolina. All ordinances of the city, when printed and
ordinances.
published and bearing on the title page thereof the words "Or-
dained and published by the City Council of the City of High
Point," or words of lilvC import, shall be prima facie evidence of
their authenticity and sliall be admitted and received in all courts
and places witliout further proof.
1909— Chapter 395. 471
Sec. 6. Real Estate, etc., Owned by City. — All real estate owned Property owned
in fee simple title or held by lease, sufferance, easement or other- former ciiar?er
wise ; all public buildings, market houses, schoolhouses, fire-engine undlr\hLs charter
stations, public squares, parks, streets, alleys and all property of
whatever kind, character and description which has been granted,
donated, purchased or otherwise acquired by the city of High
Point, through any means or agency, and all causes of action,
rights or privileges of every kind and character, and all property
of whatsoever character or description which may have been held,
controlled or used by said city of High Point for public uses or
in trust for the public, shall vest in and remain in and inure to the
said corporation, the city of High Point, under this act ; and all Pending actions.
suits and pending actions to which the city of High Point hereto-
fore was or now is a party, plaintiff or defendant, shall in nowise
be affected or terminated by the provisions of this act, but shall
continue unabated.
Sec. 7. Street Potcers. — The city of High Point shall have power Street powers,
to lay out, establish, open, alter, widen, lower, extend, grade,
narrow, cleanse, care for, sell, pave, supervise, maintain, im-
prove, embellish and ornament the streets, alleys, highways, side-
walks, squares, parks, public grounds and places, and to vacate and
close the same; put drains and sewers therein; provide for and
regulate the lighting thereof; regulate, control, license, prevent,
prohibit and suppress the opening thereof, the digging therein, the
interference therewith, and the placing therein of pipes, poles,
wires, fixtures and appliances of every kind, whether on, above
or beneath the surface thereof; to regulate and control the use
thereof by any and all persons, animals and vehicles, in what-
ever way or for whatever purpose ; to prevent, abate and remove
encroachments, obstructions, pollutions or litter therein ; to open
new streets and highways, when necessary, and generally to make
and enforce any and all regulations in respect thereof in the judg-
ment of the council requisite, proper or expedient to promote and
insure the health, safety and convenience of the inhabitants and
public of said city.
Sec. 8. Sidewalks. — The city of High Point may by approiH-iate sidewalks.
penal ordinance compel the construction and laying of sidewalks
by property owners in front of or abutting on their land or prop-
erty, and may prescribe the character of such sidewalk and the
manner in which it shall be laid. Should any person or corpora-
tion owning land in the city of High Point fail or refuse to con-
struct sidewalks in front of or abutting on their property, in ac-
cordance with the ordinance passed by the city of High Point,
in addition to the penalty provided for herein, the city of High Work done by
Point shall have the right to have said sidewalks constructed in o\vnen ^""^^^^^ °*
accordance with such ordinance, at the expense of the abutting Recovery of cost
property owner, and may recover a personal judgment in any cotn-t ^"'' expense.
472
1909— Chapter 395.
having jurisdiction of the amount for the cost and expense in
Proviso; grading constructing said sidewallis : Frov'uied, the city shall first estab-
expense of' city. ^^^^ ^^^ proper grade and place the curhstone at the expense of
said city.
Street and electric
railway com-
panies.
Steam railway
companies.
Tax on city rail-
roads.
Sec. !). To Regulate Street and Electric Railicaij Companies. —
The city of High Point shall have the power, by ordinance or
otherwise, to regulate the speed of engines, locomotives and street
cars within the limits of said city, and to require steam railway
companies to keep the streets over which they run properly
drained, and to light the same 'wherever deemed necessary, and
to require steam and electric railway companies to construct and
keep in repair, from curb to curb, bridges and crossings over all
ditches, and to construct and maintain drains and culverts, where
crossed by any line of said railways, on all streets over which
they run; to direct and control the laying and construction of
railroad tracks, turnouts and switches, and to regulate the grade
of same, and to require them to conform to the grade of the
streets of said city, as they may be or are now established ; and
that said tracks, turnouts and switches be so constructed and laid
out as to interfere as little as possible with the ordinary travel
in the use of the streets. The city of High Point shall also have
the power to assess and collect the ordinary municipal taxes upon
Regulation of city city railroads, and to compel the said city railroad companies to
rai roa s. keep their roads in repair, and restrain the rate of travel so as
not to exceed seven miles per hour, and to compel said city rail-
roads to supply ample accommodations for the safe and convenient
travel of the people on any streets where their tracks may run.
The city council may enforce these regulations by proper ordi-
nance, with suitable penalties for all violations of said ordinances.
Whenever the city council shall determine to fill, grade, pave or
otherwise improve any street or avenue, and over and upon which
or any portion thereof there may be tracks or roadbed of any
railroad company, the said railroad shall, upon notice, fill, grade
or pave or otherwise improve the portion of said street or avenue
so occupied by it, between the rails of said tracks and for one
foot on each side of said rails, with such material and in such
manner as has or may be provided by said council for the im-
provement of the other portions of such street or avenue. Upon
failure to do so, after thirty days' notice, the said council may so
improve such street or avenue, between said rails and for one
foot on each side thereof, for account of said railroad company;
Liens for costs and and for all sums SO expended, and legal interest thereon, the city
Enforcement of
regulations.
Improvement of
streets; obliga-
tion of railroad
company.
Work done by
city for account
of railroad.
expenses
Recovery and
foreclosure.
Railroads on
streets occupied
by other company,
of High Point shall have a first lien on roadbed, franchises and
other property of said railroad company, and if not paid upon
demand suit may be brought by said city to recover said indebted-
ness and for the foreclosure of said lien. Any railroad company
or street railway company proposing, with the permission of the
council, to occupy any street or streets already occupied by any
1909— CiiAPTEK 395. 473
otber such company shall, besides paying for paving, as may be
required by the city council or by the provisions of this act, be
required also to pay for paving between the tracks of said two
roads to within twelve inches of the track of such other road, and Lien for cost.
such cost shall be a lieu upon the property and franchises of the
company. Should any railroad or street railway company propose Railroad laying
^ ^ ..■ J- i i. 1 • 1 1 11 track on improved
to lay a track on any street or portion ot a street which shall street.
have been improved under the provisions of this act, it shall be-
come liable for the portion of cost of such improvements as the
city council may direct or as is fixed by this act. No railroad street not to be
or street railway company shall be permitted to occupy any street ^^^sjo^' ^y P^''"
or portion of a street, improved or otherwise, not previously oc-
cupied by it, except with the permission of the city council. The Transfers to
city council shall have power by ordinance to require any street P^^s^iisers.
car or electric railway company or other person or corporation
operating street cars in, into or through the city of High Point to
issue to its passengers transfers from any of its lines to any other
lines within the city, upon the payment by said passenger of the
fare or rate prescribed for one continuous passage.
Sec. 10. Vestibule Cars. — The city council may, by ordinance Vestibule cars.
duly passed, require any street car company operating its lines
or cars within or into the city of High Point to equip its cars
with vestibules of such patterns and style and during such period
of the year as may be prescribed by ordinance. The city shall Fenders.
also have the right and power, bj' ordinance duly passed, to
require any street railway company operating its lines or cars
within the limits of the city of High Point to equip its cars with
fenders of such style, design or pattern as may be prescribed by
the city council, and to run closed cars in the months of December, Closed cars.
January, February and March of each year.
Sec. 11. To Regulate Rates of Public Utilities. — The city council Rates for public
shall have the power by ordinance to fix and regulate the price "t^i^'t'es.
of water, gas and electric lights; of public carriers and hacks,
whether transporting passengers, freight or baggage; to fix and
regulate the fares and charges of electric or street railway com-
panies, and shall require by ordinance, under proper penalties,
that any street railroad using any of the streets of the city shall
for one fare give a transfer from any of its lines to any other line
in the city, whether such other line be owned by it or any other
company, and. in addition to the penalties to be prescribed by
ordinance for the failure to give transfers, shall have the right, by Enforcement of
mandaimis or other projior remedy in any court of competent juris- ordinance,
diction, to enforce any ordinance requiring the giving of transfers
by any street railroad company; and in addition thereto the city penalty as liqui-
of High Point may recover of the street railway company the ^^'■^'^ '^^™^^®^-
sum of twenty-five dollars (•$2.'j) as penalty and liquidated dam- f.Q,^jj.a(.j to gi^g
ages for each and every failure to give a transfer. It shall be transiers pre-
,-,. .. , .' ^^..,„ requisite to exten-
unlawful to continue, amend or extend any street railroad fran- sion of franchise.
474
1909— Chapter 395.
Sewerage and
waterworks.
Rates and tolls.
Regulation of
construction and
connection.
Preservation of
water supply.
Proviso: e.xtent of
jurisdiction.
Power to require
sewer connections.
Proviso: lien of
tenant or occu-
pant for reim-
bursement.
chise without binding any such railroad to give universal trans-
fers, and under provisions to be fixed by general ordinance.
Sec. 12. May Own Waterworks. — The city of High Point ma>-
buy, construct, establish, maintain, operate and regulate a system
of sewerage and waterworks ; make, regulate and establish public
wells, pumps, cisterns, hydrants and reservoirs in the streets or
elsewhere within said city or beyond the limits thereof, for the
extinguishment of tires and the convenience and health of the
inhabitants thereof, and to prevent the unriecessarj' waste of water
or any injury to said waterworks, and to pass ordinances for the
condemnation of property for the purpose of establishing, enlarging
or maintaining a system of waterworks, whether within or without
the limits of said city, conforming the mode and manner of the
same to the rules now prescribed for cities and towns by the
general laws of the State for the condemnation of property for
the construction of waterworks and of sewers or sewerage sys-
tems ; to adopt rules and regulations for the management of the
waterworks and sewerage systems, and malie and establish a
schedule of water and sewer rates and tolls, and prescribe the
mode and manner of the construction of the surface pipes, alley
laterals and house connections with the water mains and sewer
pipes.
2. The city of High Point is hereby given full power and au-
thority to take such steps to improve and preserve the purity of
the water in Deep River, above the city's pumping station, or any
other stream from which the city may hereafter draw its supply
of water, as it may thinlc necessary : Provided, that the power in
this section shall not be construed to give said city any jurisdic-
tion or control over said river or streams, except for the purpose
of protecting or improving the watershed, i. e., the water supply
of both Deep River or other streams and the smaller streams or
tributaries.
Sec. 13. Connect tcith Sewers. — The city of High Point may
require all owners, tenants and occupants of improved property
whicli may be located upon or near any street or alley along
which may extend any sewer or system of sewerage that the said
city may construct, own or control, or that it may acquire by
purchase or otherwise, to connect with such sewer or system of
sewerage all water-closets, sinks or drains located upon their
respective properties or premises, so that their contents may be
made to empty into such sewer or system of sewerage, whether
said system is constructed by said city or is acquired by it by
purchase or otherwise : Provided, that whenever any tenant or
occupant shall be required under any ordinance of the city to
make sewer connections or do any other thing which the city
council has the power to compel the performance, such tenant or
occupant shall have a lien upon the property occupied for reim-
bursement, if the primary obligation to do the same was on the
1909 — Chapter 395. 475
landlord, said lien to be enforced by competent proceedings in Eiiforcenu-iii of
any court of competent jurisdiction; and the tenant or occupant '*^"'
may, when so entitled under the general principles of set-off, use Claim a set-off
such claim against his liability for rent. against rent.
Sec. 14. Condemn Privies, Wells, etc. — Said city shall also have Power to con-
the power to condemn as nuisances all buildings, cisterns, wells, nf,"^ances. *^
privies and other erections in the city which on inspection shall
be found to be unhealthy, unsanitary or dangerous to persons or
property, and cause the same to be abated or removed, at the
expense of the owner, unless the owner thereof, at his or her
own expense, upon notice and with the sanction and authority of
the council, shall reconstruct the same in such a manner as shall
be prescribed by the laws of the city ; and as to all buildings. Power to direct
cisterns, wells, privies and other private improvements to be ("0^"^^ constnic-
constructed in future, they shall have the power and it shall be
their duty to have the same so constructed as not to interfere with
the health of persons or the safety of persons or property within
the city.
Sec. 15. OiciicrsJriij and Regulation of Public Utilities.- — The Right to purchase
right is hereby granted to the city of High Point to acquire, by P^^^i"^ utilities,
purchase, its public utilities, such as gas, water and electric light
works, and underground, surface and elevated street railways, sub-
ways or underground conduit systems for electric light, power
and other wires used for the purpose of transmitting any electric
service : Provided, that no purchase or expenditure shall be made Proviso: purchase
under this section unless the same shall first have been submitted 1° voters.'"''^ '^"'^
to the vote of the qualified tax-paying voters at an election to be
held exclusively for that purpose ; and the right Is hereby expressly Power to regulate
granted to the city of High Point to regulate all public utilities P"'^''^ utilities,
in said city and to require efficiency of public service, and to
require all persons or corporations to discharge the duties and
undertakings for the performance of which the respective fran-
chises were made.
Sec. 16. Fires. — The city of High Point shall have power to pro- Protection against
vide means for the protection against and the extinguishment of '^''"
conflagrations, and for the regulation, maintenance and support of Fire department,
the fire department ; and for the purpose of guarding against the Fire limits.
calamity of fires may prescribe fire limits, and may regulate or
prohibit the erection, building, placing or repairing of wooden
buildings within such limits of said city as may by ordinance be
designated and prescribed as fire limits, and may also within said
limits prohibit the moving or putting up of any wooden buildings
from without said limits, and may also prohibit the removal of
any wooden buildings from one place to another within said limits,
and may direct and prescribe that all buildings within the limits
so designated in the ordinance as fire limits shall be made or con-
structed of fireproof material, the kind, character, extent and
476
1909— Chapter 395.
Fireproof rooliug.
Markets and
abattoirs.
City prison.
Houses of correc-
tion and reforma-
tories.
Orphanages and
charitable insti-
tutions.
Proviso: no
gratuities to be
granted to
individuals.
Burial grounds,
crematories and
cemeteries.
Power to acquire
lands.
quality of which may by ordiuance be prescribed aud fixed; also
may prohibit the repairing of wooden buildings in fire limits, when
the same shall have been damaged to within fifty per cent of the
value thereof, and may prescribe the manner of finding such dam-
ages, and may also declare all dilapidated buildings to be nui-
sances, and direct the same to be repaired, removed or abated in
such manner as the council may prescribe, and may declare all
wooden buildings in the fire limits which they deem dangerous to
contiguous buildings or which may cause or promote fires to be
nuisances, and cause the same to be removed in such manner as
may be required, at the expense of the owner, and may further
prescribe limits within which only a fireproof roofing may be used,
and may impose a penalty for violations of such rules and regula-
tions.
Sec. 17. Markeifi. — Said city shall have the power to establish,
lease, buy, erect, maintain, own, regulate and operate markets and
market places, abattoirs, aud to build, own and maintain buildings
therefor, aud to rent and lease the same.
Sec. 18. Charities and Corrections. — The city shall have power
to establish, maintain and regulate the city prison or city prisons
for vagrants, city convicts and disorderly persons; also houses of
correction and reformatories for youthful criminals, compulsory
schools for children without parents, or vicious parents, or parents
who willfully and grossly neglect them, and such other places of
incarceration and reformatory institutions and such orphanages
and charitable institutions as it may deem expedient : Provided,
hoioever, that no gratuity that is purely personal and no pension
shall ever be granted to any individual, and no funds belonging to
the city shall be paid out except for personal services rendered and
for the other purposes specified or authorized by this act.
Sec. 19. Health. — The city of High Point shall have the power
to regulate burial grounds, crematories aud cemeteries, aud to pro-
hibit burial within the city limits, if deemed advisable or if found
necessary to protect the public health, and to condemn and close
burial grounds and cemeteries in the thickly settled portions of
the city, and, when demanded by the public interest or public
health, to remove or cause to be removed bodies interred in such
condemned and closed cemeteries and burial grounds, and shall
cause them to be reinterred in a suitable place to be provided by
the city, at its expense ; and whenever advisable the city may con-
demn the land proposed to be used for the reinterring of bodies in
the same manner as in condemnation of streets, etc. (section four),
and use such condemned ground, formerly used for cemeteries, for
such other purposes as may best subserve the interests of the city.
The city of High Point shall have power to acquire land and
grounds inside or outside of the city limits, by purchase, gift or
otherwise, to be devoted to and used for the purpose of a public
1909— Chapter 395. 477
and private cemetery, aud to pass such suitable regulations con-
cerning the burial of the dead in such cemetery and make such
charges for the burial of the dead therein as may be deemed proper
by the city council; and said city shall also have the power to ap- Power to condemn
propriate private property lying within or without the city limits
to be used and devoted for cemetery purposes, as herein stated, by
condemnation proceedings brought for such purpose, and in all
such cases the proceedings had to condemn such land shall be gov-
erned and controlled by the city council, as provided for in section
four of this act.
2. To regulate the burial .of the dead, the registration of births Regulation of
and deaths, direct the keeping and returning of bills of mortality, statistics.
and impose penalties on physicians, undertakers, sextons and oth-
ers for any default in the premises.
3. The citv of High Point shall also have the power by ordi- Destruction of
" >■ •' infected property.
nance to authorize the destroying of clothing, bedding, furniture
and buildings infected with the germs of any infectious or dan-
gerous disease, when the public health requires the destruction of
same, and may also in the same manner authorize the destruction
or removal of buildings or other objects, after the same shall have
been declared a nuisance and to be dangerous to the health or lives
of the citizens of said city.
4. To make regulations to prevent the introduction of contagious Quarantine.
diseases into the citj', to make quarantine laws for that purpose,
and to enforce them within the city and within one mile thereof.
5. To require the owners of private drains, sinks or privies, to Sanitary regula-
fill up, cleanse, drain, alter, relay, repair, fix and improve the
same, as they may be ordered by resolution or ordinance, and im-
pose penalties upon persons failing to do the same. If there be
no person in the city upon whom such order can be served, the
city can have such work done, and costs of same shall be a lieu
on the propertj' and taxed up against it and collected in such man-
ner as the city council may determine.
6. To prevent any person from bringing, depositing or having Bringing nnsani-
wlthin the city limits the carcasses of any dead animal or other into dtyf
unwholesome substance or matter or filth of any kind, and to re-
quire prompt removal of the same and impose all necessary penal-
ties for the enforcement of such powers.
7. To provide for the inspection of dairies, inside and outside of Inspection and
,, -i ,. .. 11- , • .., • XI -x J J. 1 license of dairies,
the city limits and doing business within the city, and to charge
and provide license fees for inspection; to establish and maintain
a standard of sanitary conditions governing dairies, inside and
outside of the city, doing business within the city ; to establish and
maintain a standard of the quality of all dairy products sold in
the city, and to provide for penalties for the violation thereof.
8. To regulate, license or prohibit butchers- and prevent their r^^j^'^j|'^j^^°^j^^^
slaughtering animals in the city limits, and revoking their license slaugiueriiouses.
478
1909— Chaptek 395.
insanitary
premises.
Removal of night
soil.
Inspection of
premises.
Right of entr.v.
Cleansing
inspected prem-
ises.
Penalty on per-
sons failing to
pay.
Police depart-
ment.
Public amuse-
ments.
Disorderly houses
and variety
shows.
Manufacture and
sale of liquor.
for malcontluct iii trade, and to regulate, license aud restrain the
sale of fresh meats, fruits and vegetables, and the slaughter of
animals, aud to license and re.s;ulate or prohibit slaui^hterhouses
within the city limits.
9. To compel the owner or occupant of any grocery, soap, tallow
or caudle establishment, or blacksmith shop, tannery, stable, slaugh-
terhouse or other building, or sewer, privy, hidehouse or other
unwholesome or nauseous place or house, to cleanse, remove, fill
up, repair or abate the same, as may be necessary for the health,
comfort and convenience of the inhabitants.
10. The city of High Point shall have the right and power by
ordinance to provide that the tenant or owner of any property
shall pay to the city reasonable charges for the removal of night
soil or other refuse matter from the closets or the premises thereof,
and to prohibit anyone, except someone in the employ of the city
or by the city authorized to do so, from removing or carrying away
the contents of any privy, vault or water-closet or any receptacle
of human excrement ; and the city shall have the right to have
inspected the premises of all persons, at any hour during the day-
time, in the interest of imblic health ; and for the purpose of
maliing said inspection the officers or agents of the city duly au-
thorized to do so shall have the right to enter upon the premises
of any person at any hour during the daytime to make said inspec-
tion. Whenever notice is given by any officer or employee of the
city inspecting any premises that said premises need cleaning, the
said night soil or other refuse matter shall be removed and the
owner or tenant of said premises shall pay to the city the price
prescribed therefor, and failure to do so shall subject said persons
to the penalties to be prescribed by ordinance, and said persons
shall be fined, upon conviction in the recorder's court, in any sinn
not less than one dollar nor more than two hundred dollars.
Sec. 20. Police Powers. — ^The city of High Point shall have the
power, by ordinance duly passed, to establish and maintain the
city police department, prescribe the duties of policemen and regu-
late their conduct.
2. To permit, forbid or regulate theatres, balls, dance houses
aud other public amusements, and to suppress the same whenever
the preservation of order, tranquility, public safety or good morals
may demand.
3. To prohibit and punish keepers and inmates of bawdyhouses
and variety shows ; to prohibit, prevent and suppress assignation
houses and houses of ill fame, and to determine such inmates and
keepers to be vagrants, and to provide for the punishment of such
persons.
4. To prohibit and suppress the manufacture and sale of spiritu-
ous, vinous or intoxicating liquors in the city or within one mile
thereof.
1909 — Chapter 395. 479
5. To make all ueedful aud proper regulations coucerning keep- Taverns, public
,, ,,., , , ,. , houses and
ers of taverns aud other public nouses, draymen, horse drivers and intramural trans-
water carriers, omnibus drivers, hack drivers and drivers of bag- Po^tation.
urage wagons and other vehicles ; to establish maximum rates for
all kinds of transportation Avithin the city limits; to prevent extor-
tion and to preserve order and prevent noise and confusion in or
about the depots on arrival and departure of railway trains, and
to provide how and where hacks or other carriers shall stand or
take their position upon the streets adjacent or near to said depot,
and where they shall stand when not receiving or discharging pas-
sengers.
6. To provide and fix by ordinance jiublic stands where hacks Public stands
and drays, baggage wagons or other public carriers shall stand on
the streets of said city for the purpose of soliciting business, and
to prescribe that they shall not stand, excepting when discharging
or receiving passengers or freight, at any points other than those
designated in the ordinance as public stands.
7. To suppress gambling houses and to punish keepers of gamb- Suppression of
ling houses and pool sellers and all persons who play cards or In™ p/mfshme^t^
games of chance of any kind, and to punish persons who sell lot- °^ gamblers.
tery tickets or who advertise lottery drawings or schemes and re-
sults of drawings of lottery.
8. To provide for the regulation of bakers, and to prescribe the Bakers and
weight, quality and price for bread manufactured and sold in the ^ '^"es.
city of High Point, according to the price of the material or other-
wise ; and to provide for the inspection of milch cows, whether inspection of
kept within the city or without the city limits, from which milk J^jj^^ *^°^^*^ ^"
is sold within the city limits, and to provide for the inspecton of
the milk offered for sale and to prescribe the fees to be charged
t lierefor.
'.i. To e.stablish and regulate public grounds, and to regulate and Public grounds
icstrain and prohibit the running at large of horses, mules, cattle, rimn?ng"at large.
sheep, .swine, goats, geese and pigeons, and to authorize the dis-
training, impounding and sale of the same for the cost of the pro-
ceedings and the penalty incurred, and to order their destruction
when they cannot be sold, and to impose penalties upon the owners
thereof for the violation of any ordinances regulating or prohibit-
ing the same.
10. To tax, regulate, restrain and prohibit the running at large Tax and regula-
of dogs, and to authorize their destruction when at large contrary "''^ ° ' °^^'
to ordinances, and to impose penalties upon the owners or keepers
thereof.
11. To prohibit and restrain or regulate the rolling of hoops, the Regulation of
flying of kites and the firing of firecrackers, the use of velocipedes fnTto^blcome^"'^"
and bicycles, and the use of any pyrotechnic or any other amuse- annoyances,
ment or practice tending to annoy persons passing upon the streets
<>v sidewalks or to frighten horses or teams.
480
1909— Chapter 395.
Noises and per-
formances.
Beggars.
Bells, whistles
and speed of
locomotives.
Driving animals
through city.
Breaches of the
peace and dis-
orderly conduct.
Immoral theatri-
cal representa-
tions.
Removal of aban-
doned railroad
tracks and
restoration of
streets.
Horse racing.
Immoderate
driving or riding.
Cruelty to
animals.
Horses attached
to vehicles.
Vagrants, men-
dicants, beggars
and prostitutes.
Sale of drugs.
License and tax
of trades, pro-
fessions and
occupations.
12. To restrain and prohibit the ringing of bells or blowing of
horns, bugles and whistles, crying of goods or other noises, prac-
tices or performances tending to the collection of persons on the
streets or sidewalks, by auctioneers and others, for the purpose of
business, amusement or otherwise.
13. To prohibit beggars, mendicants or persons of infirm or
maimed bodies or suffering with diseases of any kind from solicit-
ing alms, help or assistance upon the streets or sidewalks of the
said city, and to prescribe a penalty by fine for uonobservance
thereof.
14. To prohibit and regulate the ringing of bells and the blowing
of whistles of railroad engines or locomotives within the city lim-
its, and to regulate the speed thereof.
15. To regulate and control the driving of cattle, horses and all
other animals into or through the city.
IG. To prevent all trespasses and breaches of the peace and good
order, assaults and batteries, fighting, quarreling, using abusive,
profane and insulting language, misdemeanors and all disorderly
conduct, and to punish all persons thus offending.
17. To prevent and punish the keepers of houses in which loud
or immoral theatrical representations are given, and to adopt sum-
mary measures for the removal or suppression of all such estab-
lishments.
IS. To require, on due notice, all steam or street railway com-
panies owning tracks within the city limits, upon the public streets
or highways of said city, which may have been or may hereafter
be abandoned by said companies by nonuse, to remove such tracks
and to restore at their own expense the street or way upon which
such abandoned track is located to its former condition.
19. To prohibit, prevent and suppress horse racing, immoderate
driving or riding in the streets of said city.
20. To prohibit cruel treatment of animals and to punish the
abusers of animals.
21. To compel persons to fasten their horses or other animals
attached to vehicles or otherwise hitched or standing in the streets.
22. To restrain and punish vagrants, mendicants, beggars and
prostitutes.
23. To regulate and control the sale, gift, barter or exchange of
cocaine, opium, morphine and the salts thereof.
24. To license, tax and regulate merchants, commission mer-
chants, hotel and inn keepers, brokers, money brolcers, real estate
agents, insurance agents, insurance brokers, auctioneers and all
other trades, professions, occupations and callings of every kind ;
to license and regulate any itinerant or transient vendor of cloth-
ing or wearing apparel or articles of bedding or merchandise of any
description whatever, ticket brokers or scalpers or dealers in rail-
way tickets, dealers in bankrupt or fire stocks or damaged goods
I
1909— CiiAPTEK 395. 481
of auy kind, secondhand dealers, pawnbrokers, junk shops or deal-
ers in junk, and all other business or occupations whatever which
in the opinion of the city council shall be the proper subject of
police regulation ; to require the person or persons or corporations Regulation of
pursuing auy business or occupation mentioned in this section to '^^'""^ usiness.
give all bonds, in such amounts and under such conditions as the
cit^' council may prescribe : to require the keeping of books show-
ing the transactions of any such business or occupation, and re-
quiring the persons conducting such business or occupation to sub-
mit said books and their stocks to the inspection of the police at
such times as may be prescribed by ordinance. No license shall
issue for longer period than one year, and such license shall not
be assignable, except by permission of the city council.
2o. To license, tax, regulate, prevent or suppress peddlers, pawn- License, tax and
brokers and keepers of theatrical or other exhibitions, shows and peddl^e'rs'.'pawn-
amusements ; to license, tax and regulate or prohibit theaters, cir- brokers and
shows.
cuses, moving-picture shows and exhibitions of common showmen
and of shows of any kind, and the exhibitions of natural or artifi-
cial curiosities, menageries and musical exhibitions and perform-
ances, and to regulate and license or prohibit street parades, pool
tables, striking machines, lung testers, doll racks, cane racks and
exhibitions, devices and things for which a fee is charged.
26. To prevent all boxing matches, sparring exhibitions, cock Boxing matches,
fighting and dog fighting, and to i^unish all persons thus offending. tioi[s,' cock and
27. To regulate, control and prohibit the carrying of firearms ^9^ ^^^Jj^'"^"
and other weapons within the city limits, and to provide and inflict
the same punishment therefor as is now or hereafter may be pro-
vided by State law against persons unlawfully carrying weapons.
28. To define what shall be nuisances in the city, and to abate Define and abate
such nuisances by summary proceedings, and to punish the authors ""'sance>..
thereof by penalties, fines and imprisonment.
29. To prohibit and punish by fine the willful introduction into introduction of
the city by railroads or other cnrriers of paupers or persons fif- sons^wUl^'coif-^'^'
flicted with contagious diseases. tagious di.seases.
30. To regulate parapet walls, to prevent dangerous construction Parapet walls,
and conditions of chimneys, fireplaces, hearths, stoves, stovepipes, heating^app"a-
boilers and other heating apparatus, and cause the same to be re- ratus.
moved and made safe.
31. To regulate the use of automobiles, motor cars, motorcycles Automobiles and
or any motor vehicles and the speed thereof ; to prescribe the vehfcieJ.° ^^
proper lighting of same, when used at night ; to issue permits for
the use of such vehicles, and to require the numbering of said
vehicles.
32. To control and regulate the location and use of all kinds of Steam engines
steam engines and steam boilers in the city, and prescribe the qual- steam boilers,
ifications of persons operating and running same, and to adopt
such rules and regulations in relation thei-eto as may seem best
for the public safety and comfort.
Pub.— 31
482
1909— CHArTER 395.
Buildius reicula-
tions.
Erection of poles.
Enforcement of
by-laws and
ordinances.
Proviso: mini-
mum penalty.
Public library.
Appropriation.
Provi.so: special
tax for library.
Free schools
High Point
graded-school
district.
Taxes and appro-
priations for
schools.
Appointment of
school commis-
sioners.
Powers and duties.
Proviso: com-
missioners now in.
office to fill terms.
Terms of office.
:;:5. To inspect the construction of all buildings in the city, and
prescribe and enforce proper regulations in regard thereto, and
regulate and locate or prohibit the erection of all poles in the city,
and cause the same to be changed, whether telegraph, telephone,
electric light or otherwise.
?A. The city shall have the power to enforce the by-laws and
ordinances for the city by a fine not to exceed two hundred dollars
(.$200) : Proricled. that no ordinance or by-law shall provide a
lesser penalty than is prescribed for a like offense by the laws of
the State.
Sec. 21. Piihlic Libra ry. — The city of High Point shall have the
power to i)rovide for, establish and maintain a free public library
within the city, and to co-operate with any person, firm or corpoi'a-
tion, under such terms as the city council may prescribe, for the
t stablishment of such free ]iublic library, and to that end they
shall ai)i)ropriate, annually, out of the general revenue of the city
as a fund for the support and maintenance of such public free
librarj^ a sum not to exceed fifty one-hundredths of one mill
(.0CO5O) of the assessed taxable values of the city for the current
year: Provided, nothing in this section shall prohibit the citj'
council from levying a si)ecial tax sufficient to maintain such pub-
lic free ftbrary, by submitting the question to a vote of the
qualified voters of said city.
Sec. 22. Public Free Schools. — The city of High Point shall con-
stitute an independent public-school district, for both white and
colored, to be known and designated as the "High Point Graded-
school District," subject to the general laws of the State, except
where in conflict with this act, and the city shall have authority
to levy and collect taxes and appropriate funds for the support
and maintenance of the public schools within its limits.
School Commissioners. — The commissioners to constitute the
school board of said city, as constituted and established under
the Public Laws of one thousand eight hundred and ninety-seven,
chapter three hundred and ninety-two, shall be appointed by the
city council and shall have entire and exclusive control of the
said school property, and shall employ and fix compensation of
officers and teachers, and shall do all other acts that may be
necessar}% just alid lawful for the successful management of the
said graded schools: Provided, that the school commissioners now
in office shall continue to serve till the expiratiim of their respec-
tive terms ; and all vacancies caused by death, resignation or in
any other manner shall be filled by appointment in the same
manner for the unexpii'ed term. The regular terms of members
of the school board shall be three years, and the regular appoint-
ment of members shall be made at the first meeting of the council
in June of each year or as soon thereafter as practicable, and the
necessary number of school commissioners shall be appointed to
talce the places of those wliose terms have expired.
1909 — Chapter 395. 483
Uoic Funds are to he Paul Out. — No school fuuds shall be paid Warrants for
,, ^ • 1 1 ii I • school funds.
iiut except upon pay rolls or warrants signed by the chairman
<)t the school board. No member of the school board shall re- School board to
ceive any compensation for his services in any capacity whatever ^^"^^ *^ ^^' ^""^ P^-^"
nor be interested directly or indirectly in any contract with or Not to be inter-
claim or demand of any character against the school board of '^^^'^ in contracts,
the city of High Point. Any such contract, claim or demand Contract void;
shall be void, and any member of said board who shall become jecMo' removal.
interested in any such contract, claim or demand, or shall buy or
sell any school warrants or obligations of said school board, shall
be subject to removal by the city council.
Financial Statement of School Board. — It shall be the duty of Annual financial
the school board to make a financial statement to the mayor of ^ ^ emen s.
the city, on or before first day of June of each year, giving a full
and complete report of their operations for the previous year.
The provisions of chapter three hundred and ninety-two of the Laws made part
Public Laws of one thousand eight hundred and ninety-seven, as ° ^"^ '
amended by chapter two hundred and seventy-nine, Public Laws
nf one thousand nine hundred and one, shall be considered a ])art
of this act.
Sec. 23. Franchises. — The right of control, easement, user and Grants of fran-
the ownership of and title to the streets, highways and public yote^ofpecfpfe."
rhoroughfares and' property of the city of High Point, its avenues,
parks, bridges and all other public places and property are hereby
declaretl to be inalienable, except by ordinance duly passed by a
majority of all the members of the city council and approved by
the mayor ; and no grant of any franchise or lease or right to use
the same, either on, along, through, across, under or over the
same, by any private corporation, association or individual, shall
i)e granted by the city councij, unless submitted to the vote of the
legally qualified voters of said city, for a longer period than thirty
years : Prorided, hotvever, that whenever application is made for Proviso: election
any grant of franchise, lease, right or privilege in or to the streets fraiichise.^'^^'^* °
Mild public thoroughfares of the city of High Point by any person
'ir corporation, if they so request, the council shall submit the
-anie at an election called for said purjiose, the expense of which
shall be borne by the applicant for said franchise; and at said
election, if the majority of the. votes cast by the legally qualified
\i)ters shall be in favor of making said grant, as applied foi*, said
^'rant may be made for such a term of years as is specified in
tiie ordinance submitting the same to said election : Provided, that Proviso: limit of
IK) grant shall be made or authorized for a longer period than fifty '"^^'
year.-i.
2. The city council may. also, upon its own motion, submit all Election called on
applications or ordinances reiiuesting the granting of franchises or ""0''°° o^ council,
special privileges in or to the streets, public thoroughfares and
highways of the city of High Point to an election, at which the
484
1909— Chapter 395.
Codification of
ordinances grant-
ing francliises.
people shall vote upou the propositions therein submitted, the ex-
pense of which election shall be paid by the applicant or applicants
therefor. No such franchise shall ever be granted until it has
Contract for grant been read in full at three regular meetings of the council. The
of franchise. .j_ ._
City council may, hovpever, in their discretion, in the ordinance
granting any franchise, contract with said corporation as to terms
and conditions upon which such franchise is granted.
3. It shall be the duty of the city council, as soon as practicable
after taking office, to have true copies of all franchises, permits,
ordinances, orders, resolutions or any other proceedings by which
any rights, privileges or franchises are granted to any company,
corporation or individual owning or operating any gas, oil, street
railway, steam railway interurban, electric light and power, tele-
phone or any other public utility, to have same codified, indexed
and printed and offered for sale at cost prices, and all future fran-
chises shall likewise be printed and offered for sale at cost price.
Conditions of 4. Any franchise or right which may hereafter be granted to
grant of franchise i. , , , , .,
to street railways, ^^y person or corporation to operate a street railway within the
city or its suburbs shall be subject to the condition that the city
council shall have the right to grant to any other person or cor-
poration desiring to build and operate an interurban railway into
the city of High Point the right to operate its cars over the tracks
of said street railw^ay, in so far as may be necessary to enter said
city and to reach the section thereof used for business pux'poses :
Provided, that the person or corporation desiring to operate its
cars over the line of said street railway shall first agree in writing
with the owner thereof to pay it a reasonable compensation for
the use of its tracks and facilities ; and if the person or corpora-
tion desiring to use the same cannot agree with said owner of said
street railway as to said compensation within sixty days from
offering in writing to do so, and as to terms and conditions of the
use of said track and facilities, then the city council shall, by reso-
lution, after a fair hearing to the parties concerned, fix the terms
and conditions of such use and compensation to be paid therefor,
which award of the council, when so made, shall be binding on
and observed by the parties concerned.
5. Every corporation holding a franchise or enjoying an ease-
ment of any sort through, under or from the city of High Point
shall be required to prepare and file annually with the city council,
at the same time as report is made to the corporation commission,
a true, full and correct copy of said report. If any person signing
such annual report shall willfully make a false representation
therein he shall be guilty of perjury and punished therefor as
provided by law. If any corporation required to file such report
Penalty for failure fails to do so within thirty days after written notice, such corpora-
tion shall be subject to a penalty of fifty dollars for each and
every day said report is withheld.
Proviso: reason-
able compensa-
tion.
City council to
fix terms.
Corporations
holding franchise
to make reports.
False representa-
tion in report
perjury.
1909 — Chapter 395. 485
Sec. 24. Referendum. — Wheuever applicatiou is made to the city Publication of
council of the city of High Point for auy such graut or franchise, ?^a?ice^granting
lease or right to use the streets, public highways, thoroughfares franchise.
or public property of the city of High Point, as is provided for iu
the preceding section of this act, or wheuever an ordinance is in-
troduced in the city council proposing to make the graut of auy
franchise, lease or right to use the public highways, streets,
thoroughfares and public property of the city of High Point, pub-
lication of said ordinance of such proposed graut or right to use
the streets, public thoroughfares and highwaj's of said city shall
be made by publishing the ordinance as finally proposed to be
passed, which sliall not tiiereafter be changed, unless again re-
published, setting forth iu detail all the rights, powers and privi-
leges granted or proposed to be granted, in some daily newspaper
published in the city of High Point, once a week for three con-
secutive weeks, which publication shall be made at the expense
of the applicant or the person or persons desiring said grant;
and no such graut shall be made or ordinance passed until after
publication in the manner aforesaid, nor shall auy such ordinance
confirming or making any such grant, lease or right to use the
streets, public highways or thoroughfares of the city of High Point
take effect or become a law or contract or vest auy right in the
applicants thei'efor until after the expiration of thirty days after
said ordinance has been duly passed by the city council and been
approved by the mayor.
2. Pending the passage of any such ordinance, or during the Election ordered
time intervening between its final passage and approval by the ordmanoe^grant-
mayor and the expiration of the thirty days before which time ing franchise,
it shall not take effect, it is hereby made the duty of the city
council to order an election, if requested so to do by written peti-
tion signed by at least five hundred legally qualified voters of said
city, at which election the legally qualified voters of said city shall Votes
vote for or against the proposed grant, as set forth in detail by
the ordinance conferring the rights and privileges upou the ap-
plicants therefor, which ordinance shall be published at length
and in full in the call for said election made by the mayor ; and if Effect of election,
at said election the majority of the votes cast shall be for said
ordinance and the making of said proposed grant, the same shall
thereupon become eft'ectivo ; but if a majority of the votes cast at
said election so held shall be against the passage of said ordinance
and the making of said grant, said ordinance shall not pass, nor
shall it confer any rights, powers or privileges of any kind what-
ever upon the applicants therefor ; and it shall be the duty of the
city council, after canvassing the vote of said election, to pass an
ordinance repealing the ordinance which has been by it passed, if
the same has been passed.
486
1909— Chapter 395.
Grants specifically
forbidden other-
wise than as
authorized.
Proviso: side-
track or switch
privileges.
Contracts for
personal .service.
Contracts for
supplies.
Appropriation for
contracts.
Authentication.
Contracts to be
approved by
mayor and coun-
cil.
Competitive bids.
3. No grant of franchise or lease or right of user upon, along,
through, under or over the public streets, highways or public
thoroughfares of the city of High Point shall be made or given,
nor shall any rights of any kind whatever be conferred upon any
person, private corporation, individual or association of any kind
whatever, except the same be made by ordinance duly passed by
the city council ; nor shall any extension or enlargement of any
rights or powers previously granted to any corporation, person or
association of persons in, upon, along, through, under or over the
streets of the city of High Point be made except in the maimer
and subject to all the conditions herein provided for in this
act for the making of the original .grants and franchises : Pro-
vided, lioicever, that the provisions of this section shall not ajiitly
to the granting of side-track or switch privileges to railway com-
panies for the purpose of reaching and affording railway con-
nections and switch privileges to the owners or users of any in-
dustrial plant ; it being the intention to permit the city council to
grant such privileges to railway companies whenever in their judg-
ment the same is expedient, necessary or advisable.
Sec. 25. Contracts for Service. — No contract shall ever be made
which binds the city to pay for personal services to be rendered
for any stated period of time; but all contracts involving a iier-
sonal service shall be restricted to the doing of some particular
act or thing, and upon its completion no further liability shall exist
on the part of the city ; nor shall the city of High Point or anyone
acting for it make any contract for supplies for the current use of
any department of the municipality for a longer period of time
than ninety days, and, so far as practicable, all supplies purchased
for the use of any or all of the departments of said city shall hf-
made or let upon competing prices therefor.
2. No contract shall be given until after an appropriation has
been made therefor, nor in excess of the amount appropriated, and
all contracts, whenever practicable, shall be upon specifications,
and no contract shall be binding upon the city unless it has been
signed by the mayor and countersigned by the auditor and the
expense thereof charged to the proper appropriation, and whenever
the contract charged to any appropriation equals the amount of
said appropriation no further contracts shall be signed by the
auditor.
3. All contracts of whatever character pertaining to public im-
provements or the maintenance of public property of said city, in-
volving an outlay of as much as two hundred dollars ($200). shall
be based upon specifications, to be prepared and submitted to and
approved by the mayor and the city council, and, after approval
by the mayor and city council, advertisement for the proposed work
or matters embraced in said proposed contract shall be made, in-
viting competitive bids for the work proposed to be done, which
said rdvertisement shall be put in a daily newspaper published
1900— Chapter 395. 487
in said city not less thau teu times. All bids submitted shall be Bids open to
sealed, shall be opeued by the mayor in the preseuce of a majority {^"fore a\vard*of'^
of the commissioners and shall remain on file in the city secretary'sco'i'ract.
office and be open to public inspection for at least forty-eight hours
before any award of said work is made to any competitive bidder.
The council shall determine the most advantageous bid for the
city, and shall enter into contract with the party submitting the
lowest secure bid, but shall always in every advertisement of
public work or contract involving as much as two hundred dollars
($20U). reserve the I'ight to reject any and all bids. Pending the Specifications to
advertisement of the work or contract proposed, specification there- ^^ °" ^'^•
for shall be on tile in the office of the city secretary, subject to the
inspection of all parties desiring to bid : Provided, that nothing Proviso: day
in this section shall be construed to prohibit said council from materiai"'^^^^^^ °^
having work done by day labor or material purchased under such
rules and regulations as said council may by ordinance prescribe.
Sec. 2G. Elective Offices. — All powers conferred on the city of Powers exercised
High Point shall, unless otherwise provided in this charter, be eiglit"cwnmiss-
exercised by a mayor and eight commissioners, two to be elected sioners.
Two commis-
from the First Ward, two to be elected from the Second Ward, sioners from each
two to be elected from the Thii'd Ward, two to be elected from ^^'^^ '
the Fourth Ward, who, together, shall be known and designated City council.
as the city council, each and all of whom shall be elected by the Election by city
qualified voters of the city at large, and shall devote as much of ^* ^^^^^"
their time to the service of the city as shall be necessary for the
j)rompt and efficient administration of the business affairs of said
city. The mayor shall be e.r officio president of said city council. Mayor ex officio
and shall have and exercise all the powers of a member thereof, ^^^^^ ^^^'
and the members of said council shall hold office for two j^ears Term of members.
from and after the date of their election or until their successors
shall have been duly elected and qualified.
2. The mayor and other members of the city council elected Mayor and city
under this act. and their successors in office, shall be held and toTre^ent"^'"'"'^^
deemed, in law and in fact, the successors of the present mayor sovemment.
and board of aldermen of the said city of High Point, and upon
the (lualification of the mayor and other members of the city coun-
cil all the powers, rights and duties of the present mayor and
board of aldermen of the said city shall cease; and from and City council to
after the passage hereof the said city council shall have and pow"fand'dnties.
exercise all the rights, powers and duties of the mayor and board
of aldermen of cities and towns as may be conferred by the laws
and Constitution of this State, and shall have and exercise all
the rights, powers and duties conferred upon them or either of
thom by the terms of this act.
3. The present mayor, board of aldermen, city attorney and Continuanac of
(ither city officers, as composed under the charter of one thousand P'"''^'^"* officer.s.
<Mght hundred and ninety-one, shall continue to serve until the
488
1909~Chaptee 395.
Call for city
election.
City elections.
Voting places.
Regulations con-
cerning elections.
Mayor and com-
missioners to
qualify.
uext city electiou, lield as liereiuafter provided iu tliis act, and
until the qualification of the officers elected at said election, and
shall temporarily exercise the powers and be subject to the limita-
tions in this charter contained.
4. It shall be the duty of the present mayor, after this act
becomes a law, to order an election to be held iu the city of High
Point by giving thirty days' notice thereof, which election shall
be held on Tuesday after the first Monday iu May, one thousand
nine hundred and nine, and at which election a mayor and eight
commissioners, two from each ward, shall be elected by the city
at large. If for any reason the mayor fails to make the said call
for said election within twenty days after this act becomes a law,
then it shall be the duty of the present board of aldermen, by a
majority vote thereof, to issue said call for said election by giving
thirty days' notice thereof. Said election shall be held as provided
for herein, and the mayor and the eight commissioners so elected
at said election shall hold their respective offices until the Tues-
day after the first Monday in April, one thousand nine hundred
and eleven, or until their successors are elected and qualified.
5. On Tuesday after the first Monday in May, one thousand
nine hundred and eleven, and iu each second year thereafter,
the city council shall cause to be held in the city of High Point
an election for a mayor and eight commissioners, as provided
for in paragraph one of this section, who shall perform the duties
and discharge the obligations conferred and imposed by the
provisions of this act, and who shall hold their respective offices
for two years or until their successors are elected and qualified.
6. That in each ward of the city, as the same may be legally
defined, there shall be established and arranged at least one voting
place, and where two or more voting places are established they
shall be located as to be most convenient to the greatest number
of voters, with a distinct set of election officers, ballot boxes and
registration books for each voting place : Provided, the voter shall
vote in the district or precinct of his residence.
7. The city council shall make all necessary regulations con-
cerning elections, the manner and method of holding the same.
Such regulations, however, shall be in keeping with the provisions
of this act, and shall be in keeping with and consistent with the
provisions of the State law applicable to elections in municipalities,
in so far as the same may be practicable ; and the city council
shall provide for the examination and counting of the returns of
elections, declarations of the result thereof, and the issuance of
proper certificates to the successful candidates. The mayor and
each of said commissioners, within ten days after the official an-
nouncement of his election, shall qualify as required by this
charter and the Constitution and laws of the State, and failing
to do so, his office shall become vacant.
1909— Chapter 395. 489
8. The city council may, consisteut with the other provisions Primary elections.
"Of this act and conforming to all the provisions of the State law
regulating primary elections in cities and towns, in so far as the
same be applicable, prescribe the manner and method of holding
primary elections by all political parties or political organizations
of any kind whatsoever, and to determine the rules that shall ob-
tain with respect to the representation the respective parties or
candidates may be entitled to at the polls ; may prescribe an of-
ticial ballot, official returns, etc., and the expense of all primary Expense of
elections held for the purpose of nominating city officers shall be borne^lfy^cfty'°"^
borne and paid for by the city of High Point.
9. The several candidates for mayor, commissioners or for any Notice of can-
other offices of the city to be filled at any election shall, at least ^'"^^cy-
five days prior to any election, file with the city secretary a notice,
in writing, stating that he will be a candidate in such election,
and the office for which he will be a candidate, which notice shall
be signed by him, and said secretary shall endorse on the back
of such notice the date when it was filed in his office and shall
preserve the same with the other records of the city. Any elector
of the city shall have the right to inspect the same. It shall Printing of
be the duty of the said city secretary, within three days before ^ ° ®-
any such election, to have printed the ballots to be used and cast
by the electors In such election, which ballots shall contain the
names of all the candidates who filed said written notice, as above
prescribed ; and there shall be printed on each ballot a square
opposite the name of each candidate, all of which names, together
with the offices for which they are respectively candidates, shall
be printed on the same ballot; and no candidates for any office
shall be voted for in any election who have not filed written notice
in said secretary's office, as provided for in this act. The said Delivery of
city secretary shall, not later than sunset the day preceding the ^ra^°^^ ^° ^^^^^'
election, deliver to each registrar three times as many of said
printed ballots as the registration books shall show there are
electors in such registrar's ward, and it shall be the duty of each Duty of registrars,
of said registrars to have said ballots and tickets at his polling
place at sunrise on the morning of the election, and to see that
two of such tickets are given to every elector presenting himself
to vote in said election ; that it shall further be the duty of said
registrar to have and keep in a conspicuous place at his polling
place during the whole of the election a list of all the candidates
that may be voted for in said election and the offices for which
each is a candidate. In the event any elector shall not be pro-
vided with a ticket or ballot by the registrar of his ward, upon
his demand for same, such elector, if entitled to vote, shall have
the right to prepare and write or have prepared and written his
own ballot, and cast the same, if otherwise entitled to do so, and
such ballot shall be counted; that such elector who shall upon
his demand be furnished with a printed ballot, as in this act
490
1909— CiiAPTKR 395.
Assistance in
preparing ballots.
Proviso; ballots
not counted.
Ballots to be
preserved.
Eligibility lor
city council.
Persons nomi-
nated in ward or
precinct ineligible.
Mayor a member
of city council.
Duties.
Mayor pro tem. to
act as mayor.
Election to fill
vacancy.
Proviso: vacancy
within ninety
days of election.
Removal of
mayor for cause.
provided, shall make a cross mark with ink or pencil in the
square opposite the uame of the candidate or candidates for whom
he proposes to vote in said election, and shall deposit his ballot,
so marked, in the ballot box, or cause the same to be deposited
If the elector cannot read or write, he may haA-e one of the
judges or registrars or any of the bailiffs or challengers, or, in
case they refuse, then anyone else to prepare his ballot for him :
Provided, that if any elector, by his ballot, votes for more persons
than he is entitled to vote for, such ballot shall not be counted.
10. After said ballots shall be counted they shall be carefully
preserved: and, together with the poll lists, which shall be signed
by the judges of election, and the registration books, shall be
delivered to the city secretary.
11. Each member of the city council shall, in addition to the
other qualifications prescribed by law, be at the date of his elec-
tion a qualified voter of the city of High Point, and shall not be
in arrears in the payment of taxes or other liabilities due the city,
and shall have been for three years immediately preceding such
election a citizen of the city of High Point. No person shall be
eligible to oflBce who shall have been nominated in any primary
election in a ward or precinct of the city or in any manner which
will prevent the voters at large in said city from exercising the
privilege of voting for or against said candidate.
12. The mayor shall be a member of the city council, with all
the rights, powers and duties appertaining thereto. He shall be
the chief executive officer of the city, and shall see that all the
laws thereof are enforced. It shall be his special duty to see that
the conditions of all franchises granted by the city are faithfully
complied with, and that all contracts made with the city are faith-
fully executed.
13. In the case of the death, absence, resignation or permanent
disability of the mayor, or whenever a vacancy in the office of
mayor shall occur, for any reason, the mayor pro tem. shall act as
mayor, and shall possess all the rights and powers of the mayor
and perform all the duties and receive his salary, under the of-
ficial title, however, of "mayor pro ton.." until an election is
ordered by the city council to fill the vacancy in the office of the
mayor. Said election, should a vacancy occur in the office of
mayor, shall be called by the city council and held within thirty
days thereafter, and notice of publication be given for at least
thirty days, as may be required by law : Provided, that in the
event such vacancy should occur within ninety days of the next
regular election to be held for members of the city council, said
election for mayor shall be held at the next regular election.
14. In case of misconduct, inability or willful neglect in the
performance of the duties of his office, the mayor may be removed
from office by the city council, by a majority vote of all the
1909— Chapter 395. 491
commissiouers elected, but shall be given au opportunity to be
heard in his defense, in person or by counsel, and shall have the
right to have process issued to compel the attendance of wit-
nesses, who shall be required to give testimony, if he so elects.
The hearing, in case of impeachment of the mayor, shall be public. Hearing to be
and a full and complete statement of the reason for such removal. P" ^ "^'
if he be removed, together with the findings of facts as made by
the council, shall be filed by the city council in the public archives
of the city and shall be and become a matter of public recoi'd.
15. Every ordinance, resolution or motion of the city council Approval of
shall, before it takes effect, be presented to the mayor for his
approval and signature. If he approves it he shall sign it ; if he
disapproves it he shall specify his objections thereto, in writing,
within two days, and return the same to the city council, with
such disapproval. If he does not return it with such disapproval,
nor sign it, it shall, after two days, be in effect and force, as if
he had approved it. A veto by the mayor shall suspend the ac- Veto of mayor,
tion of the city council for seven days, after which time the city
council may pass the same over veto of the mayor by a two-thirds
vote, but in all such cases the mayor shall not be deprived of his
right to vote as a member of the city council by reason of such
veto. In case the mayor's veto is sustained, the matter shall not
again come before the city council within six months. In ordi- Veto of items.
nances or resolutions making appropriations the mayor may veto
any or every item therein, but such veto shall not extend to the
items not vetoed, and those which he approves shall become ef-
fective, and those which he disapproves shall not become effective
unless passed over his veto in the manner above specified.
16. It shall be the duty of the mayor from time to time to make Recommendation.-;
such recommendations to the city council as he may deem to be f^i^jg^^jy'^|^,4"yo'r.
for the welfare of the city, and on the second regular meeting
in May of each year, or as soon thereafter as practicable, to submit
to the city council the annual budget or estimate of the receipts
and expenses of the city for the fiscal year, each item in which
may be increased, reduced or omitted by the council, subject to
the veto power of the mayor. The mayor shall also make such Recommendations
, , . i ii -. ., • ii . and estimate.';,
recouunendations to the city council concerning the increase or
decrease of departmental estimates as in his judgment may best
serve the interests of the city. lie shall also submit an estimate
for a special contingent fund for the current year. The current
fiscal year shall begin on the first day of May of each year and
close with the last day of April next ensuing thereafter.
17. No member of the city council shall hold any other public Disabilities of
office in said city or hold any office or employment, compensation ^f i^nioldhig°cH"y
for which is paid out of the city inonevs; nor be elected or a p- offices and
'■ dealings with city.
pointed to any office created by or the compensation of which was
increased or fixed by the city council while he was a member
thereof, until after the expiration of at least one year after he has
492
1909— Chapter 395.
Contract to
become void.
Officers interested
in contracts to
forfeit office.
Removal of
officer.
Misdemeanor or
felony.
Qnorum.
Sessions to be
open.
Journals to be
kept.
Ordinances,
resolutions or
motions.
Ayes and nays to
be taken.
Ordinances to lie
over.
Commissioner of
finance and
revenue.
ceased to be a member of the city council ; nor stiall any member
of the city council or any other officer of the city of High Point
be pecuniarily interested, directly or indirectly, in any contract
let by the city or Board of School Trustees of the High Point
Graded-school District on any work done by the city, or Board
of School Trustees of the High Point Graded-school District, nor
in any manner wherein the rights or liabilities of the city of High
Point are or may be involved. In the event any such otticer of
the city of High Point shall become interested, directly or in-
directlj', in any contract or work, purchase or sale made by the
city of High Point, then said contract or work, purchase or sale
shall become null and void and shall be discontinued, and new
arrangements shall be entered into, as in case of the incipiency
of the contract or work, purchase or sale. Any member of the
city council or any otficer or employee of the city, becoming in-
terested, directly or indirectly, as aforesaid, in any contract, work,
purchase or sale by or with any of the agencies aforesaid shall
forfeit all right or claim to the title and emoluments of any of-
fice which he may happen to hold in said city, and shall be ex-
pelled therefrom by the mayor or city council, or, if they shall fail
to remove the said oflicer, employee or member of the city council
guilty as aforesaid, he shall nevertheless be subject to removal,
upon the action of any five citizens, taken in the Superior Court
of Guilford County, in such proceedings as are appropriate and
proper, and shall in addition be guilty of a misdemeanor or feloi.y,
as the case may be, as is or may be provided in the penal statutt s
of the State of North Carolina.
18. A majority of the members of the council shall constitute a
quorum to do business, and shall sit with open doors, and shall
keep a journal of its own proceedings, which shall be public and
constitute one of the archives of the city. The council shall act
onl3^ by ordinance, resolution or motion, and all ordinances, reso-
lutions or motions, except ordinances making appropriations, shall
be confined to one subject, which shall be clearly expressed in the
title, and ordinances making appropriations shall be confined to
the subject of appropriation. The ayes and nays shall be taken
upon the passage of all ordinances or resolutions and entered upon
the journal of its proceedings, and every ordinance, resolution or
motion shall require on final passage the affirmative votes of the
majority of all the members of the city council. No ordinance or
resolution shall be passed finally on the date it is introduced, ex-
cept in the case of public emergencies, and then only when re-
quested by the mayor, in writing : Pro vided, that no ordinance or
resolution making a grant of any franchise or special privilege
shall ever be passed as an emergency measure.
19. The mayor, at the first meeting of the city council after
election of its members, or as soon thereafter as may be practicable,
shall appoint from among its members one commissioner, who
1909— Chapter 395. 493
shall be known as "commissioner of finance and revenue," who Commissioner
shall also be mayor pro tern, and who shall have under his special Duties.^™ ^™"
charge the enforcement of all laws for the assessment and col-
lection of taxes of every kind, and the collection of all revenues
belonging to said city, from whatever source the same may be
derived, and who shall also examine into and keep informed as
to the finances of said city; one commissioner, who shall be known Police and lire
as "police and fire commissioner," who shall have under his spe- Diuies'!^'*^"^'^'
cial charge the enforcement of all police regulations of said city
and general supervision over the fire department thereof ; one
commissioner, to be known as the "commissioner of streets and Commissioner of
.. , , ,, , - , . . , , ,, streets and ceme-
cemeteries, who shall have under his special charge the super- teries.
vision of the streets, alleys and cemeteries of the city, and be i^^^'^^-
charged with the duty of keeping the streets, alleys and cemeteries
in a clean, sanitary condition, and with the enforcement of all
rules and regulations necessary to these ends, and who shall also
have under his special charge the supervision of all street im-
provements, except as herein otherwise provided, and shall see
that all contracts therefor are faithfully complied with ; one com-
missioner, to be known as the "waterworks and sewerage com- Waterworks and
. . „,>,,, J , • -11 j-i J. sewerage com-
missioner, who shall have under his special charge the construe- mit^f-ioner.
tion, maintenance and operation of the waterworks, sewerage tumes.
system and departments of said city, and shall see to the enforce-
ment of all regulations with respect to said department and with
respect to all the revenues pertaining thereto ; one commissioner,
to be known as "commissioner of public buildings and property," Commissioner of
who shall have charge of all public buildings and other public and property.
property of the city, and shall pass upon the erection of buildings
of any and all kinds within the city limits, establish property lines
and issue building permits and perform all duties in conformity
with the State law regarding the erection and moving of buildings
In the city ; one commissioner, to be known as "commissioner of Commissioner of
,. , . , ,. , ,. „ r. , ,, V. . -, , lights and lighting.
lights and lighting," who shall have charge and general super- Duties.
vision of lighting the streets, electric-light plants, gas plants and
any other mode of lighting the city, and of all electrical wiring
and insulating of wires, the erection of poles, the laying of gas
pipes and all other matters pertaining to the efficient manage-
ment of said department ; one commissioner, to be known as "pur- Purchasing com-
chasing commissioner," who shall do the purchasing of all sup- DuUes"^"^
plies for each department of the city, provided that no purchase
shall be made for any department unless there is suflicient funds
in the hands of the treasurer duly appropriated to meet the same ;
and one commissioner, to be known as "auditing commissioner," Auditing com-
who shall have charge of the auditing department of the city and Sifttes""'
see that all accounts are correct and i)roperly audited before be-
ing presented to the treasurer for payment. Said commissioners Supervision and
shall perform all of the executive duties of the respective depart- councii.
494
1909— Chapter 395.
Salary of iiiavor.
Salary of com-
missioners.
Forfeit.
Statements to be
published
monthly.
Mayor and com-
missioners to
qualify.
Laws and
ordinances.
Control and
supervision of
departments.
Creation of ofBces.
Salary.
Proviso: limit of
Majority vote.
Temporary
appointments
Department
employees.
meiits to which they may bo assigned, as above i)rovidetl, but
said council, as a Avhole, shall have supervision of ;iud be respon-
sible for the administration of each of said departments. The
salary of the mayor shall not exceed five hundred dollars per year,
payable in monthly installments, and each of said commissioners
shall receive not to exceed two dollars (.$2) per meeting of coun-
cil for not more than two meetings per month, said two dollars to
be forfeited if the commissioner is not present to answer to roll
call at the hour designated for each meeting.
20. The city council shall require a statement to be published
monthly in the official newspaper of the city, showing a full, clear
and complete statement of all taxes and other revenue collected
and expended during the preceding month, indicating the respective
sources from which the moneys were derived, and also indicating
the disposition made thereof, and showing all disbursements during
said period.
21. Before entering upon the duties of their offices the mayor
and each member of the city council shall talve the oath prescribed
by the Constitution of the State, and take oath also that he is not
under direct or indirect obligation to appoint or elect any person
to any office, position or employment under said government.
22. The city council shall be vested with the power and charged
with the duty of adopting all laws and ordinances not inconsistent
with the Constitution and hiws of the State, touching every ob-
ject, matter and sub.iect within the purview of tlie local govern-
ment instituted by this act.
23. The city council shall have control and supervision over all
the departments of the city, except as herein otherwise provided,
and to that end shall have power to make and enforce such rules
and regulations as they may see fit and proper for and concerning
the organization, management and operation of all the departments
of the city and whatever agencies may be created for the ad-
ministration of its affairs. They shall have power to create such
offices as they may deem necessary for a prudent and successful
administration of the affairs of the city, and to fix the salaries of
the persons appointed thereto : Provided, that the term of any
such oftice created by them shall never exceed the period of one
year, and they shall have the power to abolish at any time any
such office and to terminate the official duties and relations of the
person occupying the same. All offices created by the city coun-
cil shall be filled by a majority of all the members of said council.
In the event any such office shall not be filled promptly by the
council it shall be the duty of the mayor to make a temporary
appointment of an officer pro tern, to discharge the duties of said
position until one shall be elected by said council. Each member
of the council shall have the right to propose and name the
employees in the department or departments under his immediate
supervision, but a majority of the council shall have the power
to reject any such proposal and to discharge any officer or em-
1909— Chapter 395. , 495
ployee of the city, except the city attorney, recorder and auditor.
All salaries and wages to be paid employees of the city, except as Salaries and
otherwise provided herein, shall be fixed and paid by the council, ^^^^*^^-
acting as a whole, and shall not become effective until at least
five members of the council shall vote therefor.
24. The city council shall meet at least twice in every mouth in Regular meetings,
regular meeting, at such times as shall be fixed by said council.
at the city hall in said city, to consider and take under advise-
ment and act upon such business as may come before them. A Quorum.
majority of said council shall constitute a quorum, and no ordi-
nance shall be passed or become effective without receiving the
votes of at least three members of said council. No final action Action concerning
shall be taken in any matter concerning the special department absent™ominis-
of any absent commissioner unless such business has been made sioner.
a special order of the day by action at a previous meeting of the
<.-ouncil, or such action is taken at a regular meeting of the coun-
cil. Special meetings may be called by the mayor or by any two Special meetings.
members of the council at any time, to consider only such matters
as shall be mentioned in the call for said meeting, and written
notice thereof shall be given to each member of said council. All Sessions open to
sessions of said council, whether regular or called, shall be open ® ^" ^^'
to the public.
25. It shall be the duty of the city council, on the second regular Appropriations to
meeting in May. or as soon thereafter as practicable, to ap- department.^.
propriate such sums of money, respectively, to each of the various
departments of the city government as it may deem necessary for
the maintenance and operation thereof during the current year.
In addition to the departmental appropriations herein provided
for, the council shall also make such appropriations for contingent Contingent
j)urposes as may be deemed necessary. appropna ions.
2(\. The heads of departments created by the city council shall Reports of heads
make a written report to the mayor, not later than the fifteenth ° ^^^^ ™^" ^'
ilay of April in each and every year, showing the operation of
such department for the preceding year. These reports shall be
transmitted to the mayor and shall accompany and be made a
part of the mayor's report to the city council, which report shall
not be made later than the first Monday in May in each year.
27. In making up the budget allowances for any current year Making up
the city council shall first make provisions for the payment of^"*^^®*^"
the interest, and the creation, setting aside and preservation of a
legal sinking fund upon all of the outstanding indebtedness of the
city, and make provision for the maintenance of the public-school
system, as provided for in this act. and shall then make such ap-
propriations as the remaining revenues of the city may justifj^ to
be appropriated among the respective departments or otherwise
appropriated for public uses, as to the city council may seem
best: Provided, however, that in no case shall the entire ap- Proviso: limit,
propriation so made, comprehending interest nnd sinking fund on
496
1909— Chapter 395.
Appropriations
exceeding prob-
able revenue a
malfeasance.
Further powers of
council in relation
to oflScers.
Bonds required of
oflBcers.
Vacancies.
Levy of taxes.
Collection of
taxes.
Enforcement of
collection.
Assessment of
property.
Powers of council
in relation to city
finances.
Appropriations.
the bonded debt, and appropriations for all other public uses and
purposes, ever exceed the estimated available resources, which
shall be based upon the probable revenue of the city derived from
ad valorem taxes upon the basis of the total valuation of the
property listed for taxation for the preceding year, and of such
other contingent revenues of the city as will probably accrue. It
shall be deemed a malfeasance for the city council to make an
appropriation in the budget the sum total of which shall exceed
the estimated available or probable revenues for any current fiscal
year.
28. The city council shall have the power from time to time
to require further and other duties of all officers whose duties are
herein prescribed, and to define and prescribe the powers and
duties of all officers elected to any office under this act whose
duties are not herein specially mentioned, and to fix their com-
pensation when not herein fixed. They shall also require bonds to
be given to said city by all officers for the faithful performance
of their duties, and shall require a new bond from any officer
whenever in the judgment of said council the existing bond is in-
sufficient; and whenever such new bond is required he shall per-
form no official act until said bond shall be given and approved.
The city council shall provide for the filling of vacancies in all
offices not herein provided for, and in all cases of vacancy the
same shall be filled only for the unexpired time.
29. The city council, at its first meeting in June of each year, or
as soon thereafter as practicable, shall levy the annual tax for
such year, but special taxes or assessments allowed by this charter
may be levied, assessed and collected at such times as the council
in each case may prescribe. The city council shall have full
power to provide by ordinance for the prompt collection of taxes
assessed, levied and imposed under this charter, and are hereby
authorized and to that end may and shall have the full power
and authority to sell or cause to be sold all kinds of property,
real and personal, and may and shall make such rules and regula-
tions and ordain and pass all ordinances deemed necessary to the
levying, laying, imposing, assessing and collecting of any taxes
provided for in this charter. Unless otherwise provided by this
act, and by ordinances passed thereunder, all property in such
city liable to taxation shall be assessed in accordance with the
provisions of the general laws of the State, in so far as applicable.
30. The city council shall have the management and control of
the finances of the city, except as otherwise herein provided. They
shall have the power to appropriate money and provide for the
payment of debts and expenses of the city; to provide by ordi-
nances special funds for special purposes provided under the
provisions of this charter, and to make the same disbnrsable only
for said purposes, and to impose proper penalties for enforcing
the same ; to provide by ordinance for the payment of any existing
i
J
1909— Chapter 395. 497
and outstaudiug indebtedness and for the payment of any bonds
that mav from time to time be issued. The city council shall Power to refund
, , delji.s and issue
also have the power to fund or refund by ordinance the whole bonds.
or any part of the existing debts of the city, or any future debt,
by acquiring and cancelling the evidences thereof, and to issue
other bonds iu lieu thereof, either registered or coupon, bearing
interest at a rate not greater than the original indebtedness, and
to this end may apply the sinking fund belonging to any series
of bonds so refunded, and may pay and retire any bond by using
the sinking fund thereof.
31. Neither the mayor nor any member of the- council nor any Connection of
. ,. , o J, .i 1 11 . T J.1 officers with
elective or appomtive employee of the city shall be directly or holders of
indirectly in the employ of any person, company or corporation |jj^'^'^'^^'^®^.^°'^'
holding or seeking to hold any franchise of the city of High
Point, or shall receive, directly o:' indirectly, any wage, commis-
sion, fee, gift, favor or payment from any sach franchise holder;
and a violation of this section shall, ijjfio facto, render vacant the Office vacated.
position held by the person so violating it, and shall be punished as Punishable as
bribery. No member of the council or board of school commis- interest of officers
sioners or any other officer of the city shall be directly or in- co,it°ac^t^'rs*wi'th
directly interested in any work, business or contract, the expense, city forbidden
price or consideration of which is paid out of the city treasury or
by assessment levied by ordinance or resolution of the city coun-
cil, nor be the surety of any person having any contract, work
or business with the city for the performance of which security
may be required, nor be the surety on the official bond of any
officer of the city. Contracts in violation of said provision shall Contracts void.
be void, and no member of the board of school commissioners shall Employment of
, . , . i J- ixt J. J.1 • T XI • school commis-
be at any time during his term of office directly or indirectly in- sioners by book
terested in or in the employ of any school-book publishing or A""™^ forbidden.
furnishing company or concern or school furniture company or
concern.
32. The city council shall by ordinance adopt such rules and Powers of council
, , . ^ ., ,■,-,..,. -i. in relation to its
regulations for its government and order ot business as its mem- members.
bers may deem best. It shall be the judge of the qualification
and election of its members, including the mayor, and shall have
authority to recount the votes for either of its members and to
correct the result which may have been heretofore declared, in
the event notice of a contest of any such election shall be given
within thirty days after such election shall have been held. It In relation to
shall also be the judge of the election and qualification of all other ^ ^'" ' ^
city officers subject to the provisions of this act applying theretcj.
It may punish members or other persons, during its sittings, by
fine for disorderly conduct.
33. Each commissioner and the city secretary shall be and they Commissioners
are hereby authorized to administer oaths in the municipal af- a'imi^nLsi^r^oatlis.
fairs and government of the city.
Pub.— 32
498
1909 — Chapter 395.
Vacancies
Appointment pro
tem. by mayor.
Election of other
officers.
Duties of secre-
tary.
Duties of treas
urer.
Montlily state-
ments.
34. If a vacanc5'^ shall occur in the city council (excepting the
mayor) or in the office of the city attorney, recorder or auditor,
the council shall elect a person to fill the unexpired term of such
office. In the event of a vacancy in the office of the city attorney
or recorder which shall not be promptly filled as above provided,
it shall be the duty of the mayor to appoint an officer pro tem.
to perform the duties of such vacated office, which said pro tem.
officer shall be entitled to receive the regular salary for said serv-
ices for the time he shall perform them, and shall serve in said
capacity until said office shall be filled in accordance with this
act.
Sec. 27. Other Offlcers and their Duties.- — At the first meeting
of the city council after their qualification, or as soon thereafter
as possible, the city council shall elect by a ma.iority vote the
following officers, to-wit : a secretary, an auditor (who may be one
and the same person), an attorney, a recoi'der, an assessor and
collector of taxes, a treasurer, a chief of police, a chief of the
fire department, an engineer (who shall also be the superintendent
of streets), a superintendent of waterworks and sewerage, a
sexton, and, if deemed necessary by the council, a health physician.
2. Secretary. — It shall be the duty of the secretary to attend
every meeting of the council and keep the minutes and records
of all their proceedings in a well-bound book kept for that pur-
pose, and he shall perform such other duties as may be required
of him by said council, and shall receive such salary as may be
fixed by the council.
3. Treasurer. — The treasurer shall give such bond as the city
council may require, approved by the mayor and the commissioner
of finance and revenue, said bond conditioned for the faithful
discharge of his duties. He shall receive and securely keep all
moneys belonging to the city, and make all payments for the same,
only on warrants drawn by the auditor and signed by the mayor
and countersigned by the commissioner in whose department it
properly belongs. All moneys belonging to the city and received
by any officer or agent thereof, either from collections, fines or
any other source whatsoever, shall be by him deposited with the
said treasurer daily. For all moneys received the treasurer shall
give duplicate receipts in all cases — one to the party paying the
said money into the treasury and one to the auditor. All persons
charged with the collection of any money under this act, or ordi-
nance passed in pursuance thereof, shall promptly pay the same
over to the treasurer, under such penalty as may be prescribed by
ordinance, and shall forthwith hand the treasurer's receipt to the
auditor, who shall countersign the original receipt and retain the
duplicate, and the party paying shall then hold said original
receipt. The treasurer shall render a full and correct statement
of his receipts and payments to the city council at their first
1909 — Chapter 395. 499
regular meeting in each month and at such other times as any
member of the council may require. The said treasurer shall make Deposits by
daily deposits of such sums of money as shall be received by him. t^^^sur^r.
from all sources of revenue whatsoever, to his credit as treasui'er
of said city, in one or more banlis situated in said city, to be
selected by the council ; and any such bank, before any such deposit interest on
is made therein, shall be required to enter into an obligation with deposits.
the said city council to pay into the treasury of said city in-
terest at a rate to be fixed by said council, such rate of interest
to be not less than two (2) per cent per annum, which interest
shall be payable at the end of each month, based on the average
daily balances for the month. The said city council, in the selec-
tion of any such depositor}' bank, shall take into consideration the
reputation and solvency thereof and the sufficiency of the security
offered by such bank. All interest paid by any bank upon such
balances shall be collected by the treasurer of said city and shall
be by him reported in his next statement following such collection,
and shall be considered and be treated as part of the general
fund of such city, subject to use for any legitimate municipal
purpose. The said treasurer shall do and perform such other acts other duties of
as the city council may require of him, and for all such services treasurer.
shall receive such salary as may be fixed by the council, payable
in equal monthly installments.
4. City Attorney. — The city attorney shall receive such salary Salary of city
as shall be fixed by the city council at the beginning of his term, ^^^o^^^y-
and said compensation shall not be increased or diminished during
his term of office. He shall represent the city in all litigation and Duties,
controversies, and, when requested by the city council or any mem-
ber thereof, he shall, in writing, give legal advice on all questions
that may be referred to him. It shall also be the duty of the Furtlier duty of
city attorney to approve, in writing, all proposed ordinances before ^^^^ attorney,
they shall be adopted, or to file with the city council, in writing,
his objections thereto. It shall be his duty to draft all proposed
ordinances granting franchises, and in the event he shall not ap-
prove any such proposed ordinances it shall be his duty to file
with the city council, in writing, his objections thereto. It shall
be the duty of said officer to inspect and pass upon all papers,
documents, contracts and other instruments in which the city may
be interested. He shall be the legal adviser of the mayor, the city
council or any committee thereof, and all city officers or employees,
with respect to any legal questions involving an official duty or
any other matters pertaining to the affairs of the city of High
Point. The city attorney shall perform such other duties as the
city council may direct.
5. Recorder's Court. — There shall be a court for the trial of Recorder's court,
misdemeanor offenses, known as the "recorder's court," with such
powers and duties as are herein defined. Said court shall be a Court of record,
court of record and shall be presided over by a recorder, who
500
1909— Chaptek 395.
Recorder ex-
officio justice of
the peace.
Sessions of court.
Jurisdiction
Crimes declared
petty misde-
meanors.
Jurisdiction.
Jurisdiction as
court of pre-
liminary investi-
gation.
Warrants of
recorder.
shall be a man learned in law and \Yho shall be a qualified voter
of the city of High Point, and shall hold office for two years, un-
less sooner removed by impeachment. Said recorder shall be, ew
officio, a justice of the peace, and before assuming the duties of
his office shall take the usual oath required by law to be taken
by justices of the peace, and also an oath to honestly and faith-
fully perform -the duties of his office. The court shall hold daily
sessions, Sundays excepted, at the city hall of High Point or other
places designated by the city council, the first session to be held
on the day after the expiration of the term of the present Mayor
of High Point. Said court shall have final exclusive original
jurisdiction of all misdemeanors occurring or committed within the
corporate limits of the city of High Point or within one mile
thereof, as follows, to-wit : of all offenses which are a violation
of any ordinance now in force or which may hereafter be enacted
by the city council, and of all crimes the jurisdiction of which is
now or may hereafter be given to justices of the peace. That
in addition to the offenses above mentioned, the following crimes,
to-wit : carrying concealed' weapons ; gaming ; gambling ; keeping
gambling houses ; keeping bawdyhouses ; larceny or receiving stolen
goods, knowing them to be stolen, wherein the value of the articles
does not exceed ten dollars ; failure to list taxes ; assault and
battery with a deadly weapon or when serious damage is done ;
fornication and adultery ; abandonment ; cruelty to animals ;
malicious injury to real or personal property ; trespassing on land
after being forbidden ; forcible trespass ; enticing servants to
leave masters ; indecent exposure of person ; selling or giving away
cigarettes to a minor; obtaining advances by false pretenses;
disposing of mortgaged propei'ty ; all crimes against public health,
as contained in the Revisal of one thousand nine hundred and five,
from sections three thousand four hundred and forty to three
thousand four hundred and fifty-eight, inclusive ; all misdemeanors,
as contained in chapter eighty-one of the Revisal of one thousand
nine hundred and five, and acts amendatory thereof, where the
punishment does not exceed a fine of two hundred dollars and im-
prisonment for one year ; and all crimes which, under the common
law, are misdemeanors, wherein the punishment is in the dis-
cretion of the court, are hereby declared by this act to be petty
misdemeanors, and final exclusive original jurisdiction thereof is
hereby given to the recorder's court of the city of High Point.
In addition to the jurisdiction above mentioned the court is hereby
given exclusive original jurisdiction to hear and bind over to the
proper court all persons charged with any crimes committed
within the limits of said city wherein the preliminary investiga-
tion thereof is now conferred on justices of the peace or on the
Mayor of High Point. Warrants may be issued by the recorder
of said court for any person or persons charged with the com-
1909— Chapter 395. 501
missiou of auy offense of wbicli this court has jurisdietiou, and Right of appeal,
any person convicted in said court shall have the right of appeal
to the Superior Court of Guilford County, and upon such appeal
the trial iu the Superior Court shall be de novo. In all cases Powers as com-
heard by the recorder of the court established by this act, as com- "rate!^^ ™^^'^"
mittiug magistrate, against any person or persons for any ofiCense
whereof the said court herein established has not jurisdiction, in
which probable cause of guilt is found, such person or persons
shall be bound in a bond or recognizance, with sufficient surety,
to appear at the next succeeding term of the Superior Court for
Guilford County for the trial of criminal cases, and in default
of such bond or recognizance such person or persons shall be
committed to the common jail of Guilford County to await trial as
aforesaid. All costs or fees for the services of process or other costs and fees.
services performed by sheriff or other lawful officer shall belong
to and be the property of said sheriff or other lawful officer serv-
ing the same, as the case may be, and the same shall be paid to
them by the proper authorities. All persons convicted in said court Punishment.
of any of the offenses mentioned in any section of this act shall
be fined or imprisoned according to law, and any persons convicted
of auy offense shall pay the cost of the prosecution. Whenever Costs on con-
any person is convicted of any offense of which said court has convicts sen-
jurisdiction, and the punishment imposed is fine or imprisonment, ^fo^^j^^ ^° ^°^'^
or imprisonment and costs, the recorder shall sentence the defend-
ant to the county jail of Guilford County, to be worked upon
the public roads of said county until such sentence has been com-
plied with. The recorder shall preside over said court and try and Recorder to pre-
determine all actions coming before him, the jurisdiction of which "
is conferred by this act, and the proceedings of the said court Proceedings,
shall be the same as are now prescribed for courts of justices of
the peace, and in all cases there shall be a right to appeal on the Right of appeal.
part of the defendant adjudged guilty to an ensuing term of the
Superior Court for the trial of criminal cases ; and in all such Bond on appeal,
cases of appeal the defendant shall be required to give bond, with
sufficient surety, to insure the defendant's appearance, and in
default thereof the recorder shall commit such defendant to the
common jail of Guilford County until such defendant shall give
bond or be otherwise discharged according to law. Said court .Jurisdiction for
shall also have jurisdiction to try all actions for recovery of any pe'rmlty"!^ °^
penalty imposed by law or by this act, or by any ordinance of the
city of Hi^h Point for any act done within said city, and in all
cases where judgment may be entered against any person for
fines or penalties, and the person against whom same is adjudged
fails or refuses to pay such judgment, it shall be lawful for the Road work in
recorder of said court to order and require said person to be n|nSfv "^ °^
worked on the public roads of Guilford County until, at a fair
rate of wages, such person shall have worked out the full amount
502 1909— Chapter 395.
Seal of court. of such judgment and costs. Said court shall have a seal, with
the impi-ession "The Recorder's Court of the City of High Point,"
which seal shall be used in attestation of writs, warrants or other
proceedings, acts, judgments or decrees of said court, in the same
manner and to the same effect as the seal of other courts in the
Process of State of North Carolina. The recorder may issue his process to
recorder. ^^^ chief of police or to the city police of the city of High Point, or
to the sheriff, constable or other officers of the county of Guilford,
and such process, when attested by the seal of the recorder's court,
shall run anywhere in the State of North Carolina and shall be
Substitute executed by all officers according to law. Should the recorder be
recor er. prevented from attending to his duties on account of sickness or
other temporary disability or by absence from the city of High
Point, then in that case the mayor shall, on such fact being made
known to him, designate some justice of the peace or practicing
attorney as a substitute recorder, who shall have all the jurisdic-
tion, power and authority herein conferred upon the duly appointed
Costs allowed recorder of said city. The recorder shall be allowed such costs
recorder and clerk, ^^g .-^^.^ j^^^ allowed by law in similar proceedings before justices
of the peace, and the clerk of said court shall be allowed such
costs as are allowed by law in similar proceedings to clerks of
Costs, penalties the Superior Court ; and all such costs or penalties which are or
and fees to use of , . t u ^i, t c xi -j. i- tt- , t^ • ^
city. may be imposed by the ordinances ot the city of High Point or
the laws of the State, when recovered before the recorder, shall
be paid by the clerk into the city treasurer's office, accompanied
by an Itemized statement showing when and from wliom received
and whether imposed and collected by way of cost or otherwise ;
and all fees allowed by law for an arrest or services or other
process in a criminal action, when the same shall have been made
by the sheriff, chief of police or other officer who is on a salary,
and all other costs and penalties shall be paid over to the treas-
urer of the city of High Point for the use of said city and to
Accounts kept by reimburse it for the expenses of supporting said court ; and it shall
trG3(Si_irpr
be the duty of the city treasurer to enter upon a book kept for
that purpose by him a full and detailed statement of all moneys
received by him on such accounts. All fines collected shall be paid
Clerk of court. to the county treasurer, as provided now by law. The city secre-
tary shall be ex officio clerk of said court, or the city council
Clerk to give bond, shall elect one, in case he declines to accept the position, and,
before entering upon his duties of said office as clerk, shall enter
into a bond, with good and sufficient surety, in the sum of one
thousand dollars, for the true and faithful performance of his
duties as clerk and for the faithful accounting for all moneys
Compensation. which may come into his hands as such clerk, and for all such
services as clerk of said court his compensation shall be fixed by
Salary of recorder, the city council. The salary of the recorder shall be fixed by the
city council, and shall not be more than nine hundred dollars or
less than three hundred dollars per annum, to be paid monthly
1909— Chapter 395. 503
by the city treasurer, and lie shall receive no other compensation
for his services, but all fees taxed as his costs shall be collected
as provided by law and shall be paid to the treasurer of said city.
Upon written complaint made to the mayor by the recorder that Suspension of
police
the chief or any member of the police force has failed or refused
to perform any duty required of him by law, it shall be the duty
of the mayor to immediately suspend such officer from service
until the city council shall meet and take action in the matter.
It shall be the duty of the clerk of said court to keep an ac- Records kept bj^
curate account and true record of all costs, fines, penalties, for- ^^^' ° court,
feitures and punishments by said court imposed under the pro-
visions of this act, and said record shall show the name and
residence of such offender, the nature of the offense, the date
of hearing or trial and punishment imposed, which said record
shall at all times be open to and subject to inspection of the city
council or other persons having business relations to said court.
He shall provide a permanent docket for recording all the processes Permanent
issued by said court, which shall conform to the docket kept by do'^i'^^^^-
the clerk of the Superior Court. He shall also provide proper Files.
files to properly keep the I'ecords of all cases which shall be dis-
posed of in the said court, and what disposition has been made of
them. All judgments and orders of the recorder shall remain judgments and
in fieri for ten days next after the day upon which said judg- orders in fieri.
ment or order is announced, and during that period the recorder
shall have the power and authority to make such changes and
modifications in said judgment or oi'der as in his jvidgmeut are
necessary or just, and with like effect as if made at the time of
announcement of the original judgment or order.
G. Chief of Police. — The chief of police shall give bond, in such Bond of chiefLof
sum as the city council may prescribe, for the faithful discharge ^° ^^^'
of the duties of his office and for a faithful account of all money
that may come into his hands from fines, penalties and otherwise
by virtue of his office. It shall be his duty to attend the recorder's Duties,
court each day and report any violation of law or ordinance of
the city, and shall promptly and faithfully execute all writs and
processes issuing from said court. He shall be the chief police of-
ficer of said city and shall have like power with the sheriff of
the county to execute the writ of search warrant. He shall be
active in quelling riots, disorders and disturbances of the peace
within the limits of the said city, and shall take into custody all
persons so oflL'ending against the public peace, and shall have au- Autliority.
thority to take suitable and sufficient bail for the appearance
before said court of any person charged with au offense within
the jurisdiction of said court; and it shall be his duty to arrest Further enumera-
all persons who shall obstruct or interfere with him in the **°" °^ '^"'^'^^•
execution of the duties of his office or who shall be guilty of
disorderly conduct or any disturbance whatever. To prevent a
breach of the peace or preserve quiet and good order, he shall have
504
1909— Chapter 395.
Acting chief.
Salary of chief.
Duties of chief of
fire department.
City engineer.
Duty.
authority to close any theater, baHroom, driuklDg house or any
other place or buildiug of public resort ; and in the prevention
and suppression of crime and the arrest of offenders within the
city he shall have, possess and execute like power, authority and
jurisdiction as the sheriff of Guilford County. He shall perform
such other duties and possess such other powers, rights and
authority, in addition to those herein provided, as the city council
may require and confer upon him, not inconsistent with the Con-
stitution and laws of the State of North Carolina and the pro-
visions of this act. In case of the absence, sickness or inability to
act of the chief of police, the police and fire commissioner shall
have the power and it shall be his duty to designate some other
member of said police department as acting chief of police during
the period of such absence, sickness or inability to act of said
chief of police. The salary of the chief of police shall be fixed by
the council at the beginning of his term of office, and he shall
receive no other compensation whatsoever for his services, but
all fees now and heretofore prescribed to be taxed as his costs
shall be paid to the treasurer of the city of High Point.
7. Chief of the Fire Department. — The chief of the fire depart-
ment shall be charged with the duty of superintending and direct-
ing the extinguishing of fires and preservation and safe-keeping
of all fire engines, hose and other apparatus used in connection
therewith. He shall have the power and it is hereby made his
duty to keep away from the vicinity of any fire all idle, disorderly
and suspicious persons, and to compel all officers of the city and
all other persons to aid in the extinguishment of fires and the
preservation of property exposed to danger thereat, and in prevent-
ing goods from being stolen, and generally to carry out and enforce
such regulations for the prevention and extinguishment of fires as
may be by said city council deemed expedient.
8. City Engineer. — The enginer of said city shall be a profes-
sional civil engineer, and it shall be his duty to ascertain the
established monuments of said city, and from them to extend
surveys thereof and establish others, and to locate and establish
and survey all private property, streets and alleys within the
corporate limits of said city, as defined in section two of this act,
when so called on or required so to do. He shall also maintain
the grade of all the streets and alleys in said city, and exercise
general supervision and superintendence over all work undertaken
on the streets, alleys and public squares thereof; make estimates
and plans, give instructions as to grading or otherwise improving
the same, and with respect to the construction of sidewalks so
as to secure and preserve proper proportions and uniformity in
the height and width thereof; and also to superintend and direct
the construction of all culverts, bridges, drains, ditches and other
improvements projected by said council. He shall also have and
exercise general supervision over the construction of all railways
1909— Chapter 395. 505
which may at auy time be coustructed through the streets of said
city, requiring; them to conform to the established grade, so as not
to impede the use and passage of said streets. He shall receive Salary and fees.
for his services a salary, to be fixed by the city council, and such
fees as the council may by ordinance prescribe for making surveys
and fixing boundaries of private property or other work, which
fees shall be paid by the owners of such private property or other
person as may be directed by the council, but in no event shall
such fees be charged against or collected of the city for any work
done by said engineer.
0. Superintendent of Waterworks and Sewerage. — The super- Duty of superin-
iutendent of waterworks and sewerage shal'l have charge of the works\nd ^^^^'^'
city waterworks and city sewerage system and all property con- sewerage,
nected therewith. He shall inspect all parts of said waterworks
and sewerage systems, and see that they are maintained in good
condition for use and are being properly cared for, and that
all employees of the waterworks and sewerage departments are
attending to their respective duties. He shall keep in good re-
pair the pumps, hydrants and all other waterworks and sewerage
fixtures and property, and be under the direction and orders of
the council. He shall employ all such laborers as may be necessary
in said departments. He shall keep regular sets of books for water-
works and sewerage accounts, showing in detail the business trans-
actions of his departments, and report to the commissioner of
waterworks and sewerage at the beginning of each month the trans-
actions of the preceding month, including a pay roll of all of-
ficers, agents and employees and a correct account of all collec-
tions, purchases, expenditures and approved claims entitled to
paj'ment. He shall inspect all water and sewerage plumbing and
shall have supervision over the same. He shall have authority to
enter all premises and inspect such connections and enforce all
regulations of the council concerning the same, and shall perform
all such other duties as the city council may prescribe by ordinance
or resolution. He shall give a bond for the faithful performance Bond,
of his duties, in such sum as the city council may require, and
shall receive a salary of not less than one thousand dollars and Salary.
not exceeding one thousand five hundred dollars per annum, pay-
able monthly.
10. Auditor. — It shall be the duty of the auditor to superintend Duties of auditor.
and supervise the fiscal affairs of the city, and to manage and
conduct the same, as prescribed by this act. He shall receive Salary.
for his services such salary as may be fixed by the city council,
payable monthly, and shall give bond for the faithful performance Bond,
of his duties, in such sum as may be approved by the mayor and
commissioner of finance and revenue. It shall be the duty of the Further enumera-
auditor to keep books of account of the city of High Point, and to ^'""^ °^ duties,
make such financial reports and statements as are provided by the
terms of this act. His books of account shall exhibit accurate
506
1909— Chapter 395.
Separate accounts
with departments.
Warrants and
orders.
Proviso: warrants
to anticipate
revenue.
Interest.
Acts forbidden.
Furtlier enumera-
tion of powers
and duties.
Payments by
oflScers for account
of city.
and detailed statements of all money received and expended for
account of the city by all city officials and other persons, and
shall show in detail the property owned by the city and the income
derived therefrom. He shall also keep separate accounts of each
and every appropriation made by the city council, showing the
date thei'eof and the purpose for which the same is made, and
shall show for what each payment of any public money is made
and to whom same is made. He shall keep a separate account
with each department of the city government, and also such other
accounts as may be necessary to show a complete financial state-
ment of the city, and he shall be prepared at every regular meet-
ing of the city council to give such information concerning the
finances of the city as the council may require. All warrants
or orders for the payment of any public fund or moneys for any
purpose shall be signed by the auditor and the mayor. No war-
rant not signed by the auditor shall be authority for the payment
of any public funds whatever, but the auditor shall in no instance,
unless the money is in the treasury and in the fund against which
it is drawn, sign any warrant or order for the payment of any
sum or amount for any purpose: Provided, hoicever, that nothing
herein contained shall prevent the issue and sale of warrants to
anticipate the current revenue for any one year, which said war-
rants shall bear such rate of interest, not exceeding six per cent,
as the city council may by ordinance prescribe. He shall not
sign any contract nor make or execute any warrant or order for
the payment of any sum of money unless the same be legal and all
prerequisites and requirements shall have been complied with, nor
until after an appropriation has been duly and legally made there-
for. He shall, when deemed necessary, require all accounts pre-
sented to him for payment to be certified to by affidavit, and
he is hereby autliorized to administer oaths, with authority to
compel and require persons to answer such questions as may be
propounded to them touching the correctness of any account or
claim against the city. He shall require all persons who shall
have received any moneys belonging to the city, and not having
accounted therefor, to settle their accounts ; and it is hereby made
his duty from time to time to require all persons receiving moneys
or having the disposition or management of any property of the
city of which an account is kept in his office to render statements
thereof to him : Provided, that no warrant or order shall ever
be issued in favor of any person or corporation or to the assignee
or agent of any person indebted in any manner for taxes or other-
wise to the city, unless such debt so due and owing to the city be
paid. No disbursing officer of the city nor any one having money
in his possession for the account of the city shall pay the same
to any person or persons other than to the regularly designated
officer or custodian of the public funds of the city, except upon
1909— Chapter 395. 507
draft or warrant, couutersigued by the auditor of the city of High
Point and signed by the mayor ; and the auditor shall not counter-
sign any such draft or warrant until he has audited and examined
the claim and found the same justly and legally due and payable,
and that the payment has been legally authorized and appropriation
therefor duly made, and that the appropriation has not been ex-
hausted.
11. Annual Report. — The city auditor shall, on or before the fif- Annual reports.
teenth day of April in each year, prepare and transmit to the city
council a report of the financial transactions of the city during
the fiscal year ending the last day of March next preceding, and
of its financial condition on the said last day of March. The re-
port shall contain an accurate statement of the financial receipts
of the city from all sources, and the expenditures of the city for
all purposes, together with a detailed statement of the debt of
said city and the purpose for which said debt was incurred. In Reports other
addition to the annual statement herein required, and of the re- stat'emen"^
ports which may be demanded by the council at any time, it is
especially made the duty of the auditor to be able to show at any
time, and certainly upon or immediately after the first of each
mouth, a comprehensive and accurate statement of the financial
affairs of the city of High Point ; and if any officer of any depart-
ment or any employee of the city shall fail to make such stated or
stipulated reports as and at the times required, whether by the
mayor or the city council, it shall be the duty of the auditor to Auditor to report
report such delinquency or failure to the mayor. emquencj.
Sec. 28. Taxation. — The city council shall have power and it is Taxing power,
hereby authorized to levy, annually, for general purposes and for
the purpose of paying the interest and providing the sinking fund
on the outstanding bonded indebtedness of the city of High Point,
and for paying the interest and making provision for the sinking
fund on such future bond issues as may be authorized, an ad valo-
rem tax on all real and personal property within the corporate
limits of said city, as defined in section two of this act, and on all
personal property owned by residents of said city, including money
on hand, solvent credits and upon all franchises granted by the
city to individuals or corporations, and upon all other subjects
taxed by the General Assembly, a tax of not exceeding one dollar Limit of rate,
on every one hundred dollars appraised valuation of said property :
Provided, however, that public proi)erty used for public purposes. Proviso: property
actual places for religious worship, places of burial not held for ^^^'^p*-
private or coi-porate profit, all buildings used exclusively and
owned by persons or associations of persons for school purposes
(and the necessary furniture of all schools) and institutions of
purely public charity are hereby declai-ed to be exempt from taxa-
tion; and Provided further, that twenty-five dollars' C$25) worth Proviso: house-
of household and kitchen furniture belonging to each family in Ktu"!^''*'''^''"
508
1909— Chapter 395.
Poll tax.
Proviso: exemp-
tion from poll tax,
Ordinances levy-
ing tax continu-
ous.
Advertisement for
tax listing.
Tax lists.
Form of oath.
Tax books made
out.
Assessments,
Lists of persons
delinquent in
listing.
said city shall likewise be exempt from taxation. The city coun-
cil may also levy, assess and collect from each male citizen of the
city from the ages of twenty-one to fifty years an annual poll tax
of not exceeding three dollars ($3) : Provided, however, that all
persons exempt from the payment of State poll tax under the
general laws of the State or by virtue of the Constitution shall
be exempt from the payment of the city poll tax. If for any
cause the city council shall fail or neglect to pass a tax ordinance
for any one year, levying taxes for that year, then in that event
the tax-levying ordinance last passed shall and will be considered
in force and effect as the tax-levying ordinance for the year for
which the city council failed to pass a tax-levying ordinance, and
the failure so to pass such ordinance for any one year shall in no-
wise invalidate the collection of the tax for that year.
2. The assessor and collector of taxes, on the third Monday in
May of each and every year, shall make advertisement in some
newspaper published in the citj', notifying all persons who own
or have control of property liable to taxation by the city on the
first day of June to return to him on or before the last day of
June a list of their said taxable property. Said list shall state
the number of lots or parts of lots and all other property now
taxable or that hereafter may be made taxable by the laws of the
State or the ordinances of the city, and the list so returned to the
assessor and collector of taxes shall be sworn to before him in
every case, and he is hereby authorized to administer the follow-
ing oath : "I, A. B., do solemnly swear that the tax return made
out and signed by me contains a full and accurate list of the num-
ber of lots owned by me in said city, a full and accurate list of
all personal property, and a full and accurate list of all other
stocks, bonds, income, solvent credits and other property subject
to taxation by the laws of the State or ordinances of the city,
according to my best knowledge, information and belief : so help
me, God." From the returns so made, the assessor and collector
of taxes shall within thirty days after the expiration of the term
of taking said list make out in a book kept for that purpose an
alphabetical list of all persons and owners of property who have
so made their x-eturns, in the same manner as tax lists are made
out by law for the collection of State taxes, and the assessor and
collector of taxes shall copy in said book the assessments made
by the board of township assessors of all property within the city
limits, which assessment may be revised, corrected or amended by
the city council.
3. The assessor and collector of taxes shall within thirty days
from the return of the tax list make out, to the best of his knowl-
edge and belief, by comparing his book with the returns made by
the board of township assessors and by diligent inquiry from
other sources, a list of taxable polls and owners of taxable prop-
1909— Chapter 395. 509
ei'ty in said city who slaall have failed to return a list in the man-
ner and time aforesaid, and said persons so listed shall forfeit Forfeit for failure
and pay a sum fixed by the council, not exceeding twice the amount
of his tax, which penalty may be recovered as other fines and pen-
alties imposed by the city council, before the recorder or any jus-
tice of the peace.
4. As soon as the assessor and collector of taxes shall have fur- council to levy
nished the assessment roll, as provided, and the same shall have ^^^"
been revised by the board of appraisement, the city council shall
proceed to levy the taxes on such subjects of taxation as they may
choose, and shall place the tax list in the hands of the assessor
and collector of taxes for collection, who shall proceed forthwith Collection of tax.
"in the collection, and shall complete the same on or before the
first day of January next ensuing, and shall pay the moneys as
they are collected to the treasurer ; and the assessor and collector compensation.
shall receive for his compensation not exceeding two per cent on
the amount collected.
5. If any person liable to taxes on subjects directed to be listed Collection by
di'^t rsss
shall fail to pay them within the time prescribed for collection,
the assessor and collector shall proceed forthwith to collect the
same by distress and sale, after public advertisement for the
space of ten days in some newspaper published in the city, if the
property to be sold be personal, and of thirty days if the property
be realty ; that when the tax due on any lot or other land (which Report for sale of
is hereby declared to be in lieu of the same) shall remain unpaid
on the first day of January, and there is no other visible estate
but such lot or land of the person in whose name it is listed, lia-
ble to distress and sale, known to the collector, he shall report the
fact to the council, together with a particular description of the
real estate, and thereupon the council shall direct the same to be
sold at the city hall door by the assessor and collector, after ad- Advertisement of
vertising for thirty days in some newspaper published in the city,
which the assessor and collector shall do ; and the assessor and Sale of land,
collector shall divide the said land into as many parts as may be
convenient (for which purpose he is authorized to employ a sur-
veyor), and shall sell as many parts as may be required to pay
said taxes and all expenses attendant thereon. If the same can-
not be conveniently divided, the assessor and collector shall sell
the whole ; and if no person will pay the whole of the taxes and
expenses of the whole land, the same shall be struck off to the
city, and, if not redeemed as hereinafter provided, shall belong to
.said city in fee.
0. The assessor and collector shall return an account of his pro- Return of col-
ceedings to the council, specifying the portions into which the ''^^^°'"-
land was divided and the purchaser or purchasers thereof, and
the prices of each, which shall be entered on the book of the pro-
ceedings of the council ; and if there be a surplus after paying
510
1909— Chapter 395.
Power of redemp-
tion.
Conveyance of
property unre-
deemed.
Recitals prima
facie evidence:
That lots were
subject to tax.
That tax was not
paid.
That sale was
advertised.
That sale was
lawful.
Tender of taxes in
dispute of title.
Sale of personal
property.
License or privi-
lege taxes.
said taxes and expenses of advertising and selling same, it shall
be paid into the city treasury, subject to the demand of the owner.
7. The owner of any land sold under the provisions of this
charter, or any person acting for them, may redeem the same
within one j-ear after the sale by paying to the purchaser the sum
paid by him and twenty-five per cent on the amount of taxes and
expenses, and the treasurer shall refund to him, without interest,
the proceeds, less double the amount of taxes. If the real estate
sold as aforesaid sliall not be redeemed within the time specified,
the city shall convey the same in fee to the purchaser or his
assigns by a deed signed by the assessor and collector of taxes,
attested by the city secretary and treasurer and with the corporate
seal attached ; and the recitals in such conveyance shall be prima
facie evidence of the following facts : First, that the lot or lots or
property conveyed was or were subject to taxation and assesss-
meut at the time of such sale and at the time taxes thereon were
levied and assessed, and that such taxes were regularly levied
and assessed in all respects according to hiw. Second, that such
taxes were not paid, in whole or in part, at any time before such
sale, and that a lien existed on the property conveyed in such
deed for taxes. Third, that the real estate conveyed therein was
advertised according to law. Fourth, that the property conveyed
was advertised according to law, was regularly and lawfully sold
for taxes, which were delinquent at the time of advertisement and
sale. Fifth, when such property shall have been sold to the city
of High Point or any other purchaser at such sale, either for gen-
eral or special taxes, the title acquired by the city or such pur-
chaser shall not be disputed by any person whomsoever or for any
cause whatever, except upon tender to the city or purchaser of
the taxes lawfully due on such property for which such sale was
made, together with all accrued penalties and costs, as provided
by this charter. A sale of personal property for delinquent taxes
shall convey with it an absolute title, and the owner shall have
no right to redeem the same.
8. In addition to subjects listed for taxation, the city council
may levy a tax on the following subjects, the amouut of which
tax, when fixed, shall be collected by the assessor and collector
immediately, and if the same be not paid on demand, the same
may be recovered by suit on the articles upon which the tax is
imposed, or any other property of the owner may be forthwith
levied upon and sold to satisfy the same, viz. : Upon all itinerant
merchants or peddlers selling or offering to sell in the city, a tax
not exceeding two hundred dollars per year, except such only as
sell books, charts or maps, and such as sell only goods, wares and
merchandise and other productions of the growth or manufacture
of this State, but not excepting vendors of medicine, by whom-
soever manufactured; on every bowling alley and every billiard
1909— Chapter 395. 511
table aud every bagatelle table and every pool table, and every
other table or gambling contrivance the object of which is gain
and for the use of which a charge is made, a tax not exceeding
two hundred dollars, reserving the right to x-emove it or them at
any time as a nuisance ; on all keepers of eating houses or restau-
rants, fish or meats, vegetables, or bread stands or fruiters, a tax
not exceeding one hundred dollars per year ; upon every company
of cii'cus riders who shall exhibit within the city or within one mile
thereof, a tax not exceeding two hundred dollars for each day,
the tax to be paid before the exhibition, and if not, to be double ;
upon ever}- person or company exhibiting in the city, or within
one mile thereof, stage or theatrical plays, sleight of hand per-
formances, rope walking, tumbling, wire dancing, or menagerie, a
tax not exceeding one hundred dollars for every day they exhibit ;
upon everj' exhibition, for reward, of artificial curiosities (models
of useful inventions excepted) in the city or within one mile
thereof, a tax not exceeding fifty dollars, to be paid in advance ;
upon each show or exhibition of any other kind, and on each con-
cert for reward, and on every strolling musician, a tax not ex-
ceeding twenty dollars, to be paid before exhibiting ; on every
four-horse omnibus, a tax not exceeding fifty dollars ; on every
two-horse omnibus, a tax not exceeding forty dollars ; on every
dray or express wagon drawn by one or two horses, a tax not
exceeding twenty-five dollars (if drawn by more than two horses,
a tax not exceeding fifty dollars) ; on all carriages, buggies,
sulkies and other vehicles used in the city for the carriage of per-
sons, a tax not exceeding fifteen dollars ; on every dog, a tax not
exceeding ten dollars : Provided, that a discrimination may be
made within this limit on the different species and sexes of dogs.
It. That taxes for city purposes shall be levied on all real and Subjects of taxa-
personal property, trades, professions, franchises, licenses and *'°'^'
other subjects of taxation, as provided in section three, Article
Five of the State Constitution. That all moneys arising from
taxes, donations or other sources shall be paid to the treasurer,
and no appropriation thereof shall be made but by a majority vote
of the city council. The city council shall have the power to License tax
graduate any of the license taxes levied on trades or business graduated,
by dividing the business into classes, according to size, patronage
or income: Provided, the said taxes must be uniform for all in a
class. Any person carrying on or practicing any business, profes- carrying on
siou, trade or avocation of any kind in the city upon which -"^ i\-e||i"|^|, mi^sde^*^
license tax has been levied by said council, without first having meanor.
obtained a license therefor, shall be guilty of a misdemeanor. It Payment of
shall bo the duty of the city council, in their levy of taxes, to "'^^'"''^^ """"^ ''""'^^
make provision for paying the interest on the bonded debt of the
city and for the payment of the said bonds as they fall due.
Sec. 29. Board of Appraisement. — The city council, at their Board of appraise-
meeting prior to the month of August, may at their discretion ap- ^^^^ °^ equahza-
512
1909— Chapter 395.
Duties.
Time for com-
pletion of work.
Continuation of
board.
Power and
authority.
Proviso: notice to
tax-payer.
Preservation of
tax list.
Order for col-
lection.
point a board of appraisement or equalization for said city, with
power to administer oatlas, composed of two members of said
council and the assessor and collector of taxes or such other of-
ficer or employee designated by the city council to perform the
duties of an assessor and collector of taxes, whose duty it shall
be to meet and carefully examine said tax lists and properly and
equitably adjust and equalize the taxable values thereon, either
by reducing or increasing the assessment for taxation of any
property listed thereon, or by supplying omissions therefrom, or
by amending same in any other proper and .iust manner; said
corrected or amended list, however, to be used as a basis only
for municipal taxation, and the original or uncorrected list to be
used for taxation for county and State purposes, without change,
except as provided by the State revenue law, until the next
general assessment of property for taxation for the State of
North Carolina. To the end that a just assessment of all prop-
erty in said city for municipal taxation may be had, said board of
appraisement, hereinbefore in this section provided for. shall be
allowed a period of sixty days within which to conclude its labors
and make report of same to the city council, but said board shall
continue for a period of one year as a standing committee, to
which all matters relative to taxes shall be referred, and are
hereby invested with full power and authority to summon and
examine, on oath, any taxpayer in said city in regard to any
property of said taxpayer which is or may be liable to municipal
taxation, to subpoena and exauiine witnesses as may be thought
proper, and to send for persons and papers : Provided, lioioevei\
before the assessment of any taxpayer in said city shall be raised,
notice of five days shall be mailed to such taxpayer notifying him
to appear before said board and show cause why such valuation
should not be increased as proposed, but the failure on the part
of any property owner whose property may be increased in value
by the board of appraisement to receive written notice of the
proposed increase shall in nowise invalidate or effect the action
of said board in increasing the valuation of said property, but it
shall be presumed that the notice was sent as provided for herein.
The members of said board shall not receive any further compen-
sation for their services as members of said board of appraisement
nor as members of said standing committee on taxes.
2. The city council shall preserve said tax list among its records,
and shall, immediately after its approval of the same, cause to
be made a copy of so much and such parts thereof as may be
required for the use of the assessor and collector in collecting the
taxes of said city. Said copy, or said copy amended, modified
or changed, as hereinbefore provided, shall be delivered to the
assessor and collector on or before the first Monday of September
of each year, and he shall receipt for the same. The city secre-
tary and treasurer shall endorse on said copy an order to said
1909— Chapter 395. 513
assessor aud collector of taxes to collect the taxes therein men-
tioned, and such order shall have the force and effect of a judg-
ment and execution against the real and personal property of the
persons charged in said copy, respectively.
3. Whenever it shall appear to the city council that property, Property escaping
real or personal, has escaped taxation in the city for city purposes, ^^^^"^"•
on account of the failure of the owner of the property to list
said property for taxation or for any other reason, it shall be the
duty of the council to notify the said persons or corporation whose
property has thus escaped taxation to appear before it, at a
time and place mentioned in the notice, and show cause, if any
there be, why the said owner should not be charged with the
tax on the said property for the year or years during which it
escaped taxation. At the time and place mentioned in the notice
the city council shall hear and determine the matter, and if they
hud that the said property was liable for taxation and was not
listed they shall direct the secretary and treasurer of said city to
enter upon the tax books against the owner of the said property
who should have listed it the taxes due for the years it escaped
taxation, and the tax thus levied shall be charged up to the as-
sessor and collector of taxes and shall be collected as other taxes
against the owner who failed to list his property or whose prop-
erty was not listed for any cause.
4. That from the decision of the city council the owner may Right of appeal.
take an appeal to the next term of the Superior Court of Guilford
County, and the collection of such taxes shall be stayed pending
such appeal, if the owner shall give bond in at least double the
amount of the taxes assessed against him, conditioned that he
will pay to the city of High Point all .such judgments as may
be had against him in the Superior Court upon such appeal, which
bond, shall in no case be less than fifty dollars.
5. A sale of personal property for delinquent taxes shall convey Sale of personal
with it an absolute title, and the owner shall have no right to ^'''^p^''*^ '''''''''"* ^
redeem the same.
6. All levies of ad valat-em taxes heretofore made by the city of Previous actions
High Point and all assessments heretofore made and assessment
rolls heretofore placed in the hands of the assessor and collector
of taxes for collection are hereby validated, and the same shall
be legal and binding, regardless of any irregularity that may exist
in the manner of making such levies and the making and returning
of such assessment rolls.
7. In addition to the other modes of collection in this act pro- Further remedies
vided, all taxes due the city, whether general or special, and all [^oneydi?e°to city
assessments for street improvements or otherwise may be col-
lected by a civil action in the nature of an action of debt, and all
such liens on real estate may be foreclosed in any court having
jurisdiction. The assessment rolls of such taxes and assessments
Pub.— 33
514
1909— Chapter 395.
Control of lax
lists.
Refusal to sur-
render a misde-
meanor.
Personal property
liable for taxes.
City hospital.
Proviso: authority
from voters of
city.
Application of
general laws.
Pleading
ordinances.
shall be taken as prima facie evidence of the statements made
therein, and the city shall have equal right to become the pur-
chaser at all sales of property for taxes or assessments due it,
under judgment or otherwise. It shall be the duty of the mayor
to attend such sales to make such purchases, if they be necessary.
In any suit by the city of High Point for the collection of any
delinquent tax, where it shall appear that the description of any
property in the city assessment rolls shall be insufficient to identify
such property, the city shall have the right to set up in its plead-
ings a good description of the property intended to be assessed,
and to prove the same, and to have its judgment foreclosing its
tax lien upon the same, and personal judgment against the owner
for such taxes, the same as if the property were fully described
upon the assessment rolls. No levy shall be made on any prop-
erty belonging to the city, nor shall any levy be made upon the
property of any individual for any debt due by the city, but
all such debts shall be paid only by taxation upon subjects properly
taxable by said city.
8. All tax lists which have or may hereafter be placed in the
hands of the tax collector shall be at all times subject to the
control of the authorities imposing the tax, and subject to be cor-
rected or altered by them, and shall be open for inspection by the
public, and upon demand of the authorities imposing the tax, or
their successors in office, shall be surrendered to the authorities
for inspection or correction, and any assessor and collector of
taxes who shall fail or refuse to surrender his list upon such
demand shall be guilty of a misdemeanor.
0. The personal property of all persons owing any taxes to the
city of High Point is hereby made liable for all of said taxes,
whether the same be due upon personal or real property, or upon
both.
Sec. 30. City Hospital. — The city of High Point shall have the
Ijower to provide for, establish and maintain a city hospital within
the city, and co-operate with any person, firm or corporation, under
such terms as the city council may prescribe, for the establish-
ment of such city hospital, and to that end they may appropriate
annually out of the general revenue of the city a fund sufficient
for the support and maintenance of such city hospital : Provided,
the city council shall have the power, after first having been au-
thorized to do so by a majority vote of the qualified voters of said
city, to levy a special tax annually on the taxable values of the
city for the support and maintenance of said hospital.
Sec. 31. MisceUaneous. — 1. All questions arising in the adminis-
tration of the government of said citj', and not provided for in
this act, shall be governed by the laws of the State in such cases
made and provided.
2. In all judicial proceedings it shall be sufficient to plead any
ordinance of said city, by caption or by the number of action
1909 — Chapter 395. ^^^
thereof and the caption, and it shall not be necessary to plead
the entire ordinance or section. All printed ordinances or codes Proof of ordia-
of ordinances published in book form "by authority of the city
council of the city of High Point" shall be admitted in evidence
in all courts and shall have the same force and effect as would
the original ordinance.
3. All ordinances of the city of High Point not i^J'^f f ^^^O/^'.-Tnlorce.
with the provisions of this charter shall remain in full force
and effect until altered, amended or repealed by the city council :
Provided that the power to pass such ordinances under former
charters has not been repealed, expressly or impliedly, by the
terms of this act. . j.. „ .■ , «,„^„
4 No office provided for in this act not now already existing Creation of offices.
shall be held to be created until the same is established by an
ordinance of the city council.
5 This act shall be deemed a public act, and judicial notice Act ^deemed
shall be taken thereof in all courts and places, without the same
having been pleaded or read in evidence.
6. The property, real or personal, belonging to the city of High City j^roperty^not
Point shall not be liable to be sold or appropriated under any ti^on^or garnish-
writ of execution, nor shall the funds belonging to the city in the ™en .
hands of any person be liable to garnishment, nor shall the city
or any of its officers or agents be required to answer any writ of
-arnishment served upon or issued against it, and a failure to do
so shall not entail any liability upon the city; but if the mayor
of the city elects to do so, he may answer in a writ of garnish-
ment for the city in his discretion.
7. In the event that any part, article, section or subdivision of Par^s of act if
this act shall be held to be unconstitutional or invalid for any
reason, such holding shall not be construed to invalidate or im-
pair the remainder of the act, but the same shall continue in full
force and effect, notwithstanding such holding.
8. Any officer of the city of High Point who shall, on demand, FaUureto^turn
fail to turn over to his successor in office the property, books, property a mis-
moneys seals or effects of said city shall be deemed guilty of demeanor.
a misdemeanor and imprisoned for not more than five years and Punishment,
fined not exceeding one thousand dollars, at the discretion of the
court. ^ , .,
0. The city council shall have power, by a majority vote, to Power of «.uncil
sell at public auction, after thirty days' notice, to the highest
bidder, any property, real or personal, belonging to the city, and
when so sold, a deed for the real estate may be executed by the Deeds,
mavor and attested by the city secretary or by two members of the
council, with the corporate seal of the city attached: Provided,
hoicever, that this section shall not apply to plats in the cemetery,
except as to the manner of executing deed.
' 10 From and after the ratification of this act the same shall RepeaUng clause.
thenceforth be the charter of the city of High Point, and all
516
1909— CiiAPTEK 395—396.
laws now constituting the charter of said city and affecting the gov-
ernment thereof in the grants heretofore made of its corporate
franchise and powers, except acts relating to the issue of bonds
and granting of franchises, and all laws of public and general
nature inconsistent with or coming within the purview of this
act are hereby repealed, as far only as they may affect the city :
Proviso: effect of Provided, however, that such repeal shall not annul any ordi-
nances, by-laws or rules of the city relating to bond issues or the
granting of franchises, nor shall such repeal affect any act done
or any right accruing or established, or any suit had or com-
menced in any case before the time when such repeal shall take
effect; neither shall any rights, estate, duty or obligation pos-
sessed by or due to the city by its present name, from any cor-
poration or person whatever, be lost, affected or impaired, biit the
same shall remain in full force and be possessed, enforced and
enjoyed in the name and for the use of the said city by the name
of the city of High Point.
Ratified this the 27th day of February, A. D. 1000.
CHAPTER 396.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF HALI-
FAX COUNTY TO ISSUE BONDS TO BUILD A NEW COURT-
HOUSE.
Bond issue
authorized.
Purpose.
Amount.
Denominations.
Interest.
Authentication.
Maturity.
Proviso: maturity
at different dates.
Records to be
kept.
The General AssemMy of North Carolina do enact:
Section 1. That the Board of Commissioners of Halifax County
hereby are authorized to issue coupon bonds of said county to
build a courthouse, in an amount not to exceed thirty thousand
dollars, in denominations of not less than one hundred dollars
nor more than five hundred dollars, the number of said bonds to
be at the discretion of the said board.
Sec. 2. That said bonds shall bear interest at a rate not to ex-
ceed six per centum per annum, and the coupons attached thereto
shall call for the payment of the interest thereon on the first
days of January and .July of each year.
Sec. 3. Said bonds shall be signed by the chairman of the board
of county commissioners and countersigned by their clerk, and
shall be payable, as to the principal, in not more than twenty
years from the date thereof, as shall be determined by said board
of commissioners : Proinded, said bonds may be issued so as to
mature at different times, so that as near an equal amount of the
principal may be paid in each year as is practicable.
Sec. 4. That the clerk of the board of commissioners shall keep
a book, in which he shall keep an account of numbers and
denominations of said bonds, when each is payable and to whom
1909— Chaptek 396—397. 517
payable. Said clerk shall also keep an accurate account of the Accomits^of^bonds
bonds and coupons attached thereto which shall be paid or can-
celed, so that by inspection of said book the true statement of the
bonded debt of the county herein provided for may be readily
ascertained. Said book shall be open to the taxpayers of said
county at all times.
Sec. 5. Said coupons shall be receivable in payment of all county Coupons^receiv-
taxes. taxes.
Sfp 6 That said bonds shall not be disposed of for less than Bonds not sold
kji^v^. ^. below par.
their par value.
Sec. 7. That said commissioners, in every year in which they special tax
may deem it necessary, in order to provide for the payment of ^"^ °"^^ •
said bonds and coupons, are hereby authorized and empowered to
levy a special tax of not more than ten cents on the one hundred Rate,
dollars' worth of property and thirty cents on the poll, observing
the constitutional equation in the levy thereof.
Sec. 8. That as soon as said bonds are issued, signed and counter- Deposit of bonds,
signed, as hereinbefore provided, the said commissioners shall
place the same in the hands of the county treasurer, who shall
also countersign the same, and the said treasurer shall thereupon, sale of bonds.
under the direction of said county commissioners, sell and dis-
pose of the same, as hereinbefore provided, making out and re- Return of sales.
turning to the said commissioners an accurate statement of the
number and denomination of the said bonds and to whom sold;
and thereupon the said treasurer shall receive all the proceeds
of the sale of said bonds, hold the same subject to the order and
direction of said board of commissioners, and be responsible for
the safe custody and keeping of said proceeds, as by law is now
provided in case of other funds coming into his hands by virtue of
his office.
Sec. 0. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 1st day of March, A. D. 1909.
CHAPTER 397.
AN ACT TO ALLOW THE COUNTY OF BEAUFORT, STATE
OF NORTH CAROLINA, TO ISSUE BONDS TO BUILD
ROADS AND BRIDGES.
Whereas the county of Beaufort has immediate need of money Preamble
for the necessary expenses for the county of Beaufort, with which
to finish and complete certain bridges, the construction of which
has heretofcn-e been authorized within said county of Beaufort, and
to add to and improve same; and whereas the said county of Preamble.
518
1909— Chapter 397,
Beaufort has immediate need for mouey for the necessary and
current expenses of the county, with which to perform and do
Preamble. certain necessary work on the roads of said county ; and whereas it
is necessary to immediately issue and sell bonds of said county
of Beaufort, the proceeds to be used for the purposes aforesaid,
to the amount of twenty-five thousand dollars ($25,000) : now,
therefore.
Issue and sale of
bonds directed.
Amount.
Denominations.
Maturity,
Date.
Interest.
Payable in gold
coin.
Authentication.
Registered bonds.
Specific appro-
priation.
Special tax for
interest and sink-
ing fund.
The General AssemhJy of North Carolina do enact:
Section 1. That the chairman of the said board of county com-
missioners and the clerk of said board be and they are hereby
authorized, instructed and directed to execute, issue and sell
coupon bonds of the county of Beaufort in the sum of twenty-five
thousand dollars ($25,000). Said bonds shall be in denominations
of not more than one thousand dollars ($1,000) each and not
less than one hundred dollars ($100) each, as the purchaser or
purchasers may desire ; that said bonds shall run for a period
of not less than thirty (30) nor more than fifty (50) years from
the date thereof, and shall be dated the first day of February, one
thousand nine hundred and nine, and shall bear interest at the
rate of five per centum per annum, interest payable semiannually
on the first days of August and February in each and every year
during the existence of said bonds. The principal and interest
of said bonds shall be payable in gold coin, of the present standard
of weight and fineness, of the United States of America, and shall
be payable at such places within the United States of America
as may be agreed upon and fixed by the board of county commis-
sioners, which said place of payment shall be stated in said bonds
so issued and the coupons thereto attached. Said bonds shall be
signed by the chairman of the board of county commissioners and
the clerk of said board, and shall bear thereon the seal of the
county of Beaufort, and the coupons shall be signed by the chair-
man of the board of county commissioners. Said bonds shall be
numbered and shall bear such other evidence of identification
as may be fixed upon or agreed upon by the board of county com-
missioners, and shall provide that said bonds may be registered,
if the purchaser so desires. The proceeds of said bonds shall be
used only for the necessary current expenses of the county of
Beaufort, for the purposes aforesaid — building and completing
bridges within the county of Beaufort and for the purposes of
maintenance and repairing the roads of the county of Beaufort —
and shall be known as the "Beaufort County, North Carolina, road
and bridge bonds."
Sec. 2. That the Board of County Commissioners of Beaufort
County shall, annuallj% at the time of levying other taxes, levy
a sufficient amount of taxes, not exceeding ten cents on the
hundred dollars of the valuation of real and personal property
1909— Chaptek 397—398. 51^
in said couuty, with which to i^ay the interest on the bonds here-
inbefore provided for, and to provide a sinking fund with which
to retire said bonds at maturity.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 1st day of March, A. D. W09.
CHAPTER 398.
AN 4.CT TO ESTABLISH A SPECIAL CRIMINAL COURT FOR
THE COUNTY OF NEW HANOVER AND TO PRESCRIBE
THE JURISDICTION THEREOF.
The General Assembly of North Carolina do enact:
Section. 1. A special court for the trial of petty misdemeanors Spedal^court
committed in New Hanover County, and to be designated as the designation.
"Recorder's Court of New Hanover County," is hereby created and
established. , ,, , ^ a
Sec 2 Said court shall be a court of record, and it shall be Court of record,
presided over by a recorder, who shall be a qualified voter of Recorder.
New Hanover County, and in his absence or sickness he may SubstHute
appoint a substitute recorder, who shall possess the qualifications
of the recorder.
Sec. 3. Said recorder shall be elected at the regular election Election of
for county officers to be held in said county in one thousand nine
hundred and eleven and every two years thereafter. The term of Term of office,
office of the recorder elected as herein provided shall be two years.
Until said election is held, John J. Furlong is hereby ai^pointed Recorder named,
recorder of said court. Said recorder herein appointed, and each Recorder to
recorder to be elected as herein provided, shall, before entering
ui)on the discharge of the duties, take and subscribe the oath
required of judges of the Superior Court, before the Clerk of the
Superior Court of New Hanover County, which said oath shall
be recorded by said clerk. The salary of the recorder shall be Salary.
twelve hundred dollars per year, to be paid monthly, out of the
funds and in the manner as herein provided.
Sec. 4. The court shall hold daily sessions, Sundays excepted. Session.^ of court,
at the courthouse in New Hanover County, except when the
Superior Court shall be in session in said county, during which
time the session of said recorder's court shall be held at such place
as shall be provided by the board of commissioners of the county
of New Hanover; and it is hereby made the duty of the said
board of commissioners of the county of New Hanover to provide
a suitable place for the holding of the said courts during the
520
1909— Chapter 398.
First session.
Secretary of State
to send copy of
act.
Seal of court.
Clerk of court.
Appointment.
Term.
Salary.
Clerk to give bond.
Clerk to qualify.
Clerk e.x officio
justice.
Power to issue
warrants.
Attorney.
Pay.
Jurisdiction.
Violations of city
ordinances.
Criminal offenses
within justice's
jurisdiction.
Offenses enumer-
ated and declared
petty misde-
meanors.
terms of the Superior Courts in New Hanover County. The iirst
session of said court shall be held on the second Monday morning
after the ratification of this act. The Secretary of State is
directed, upon the ratification of this act, to forward a certified
copy thereof to the board of commissioners of the county of New
Hanover.
Sec. 5. Said court shall have a seal, with the impression "Re-
corder's Court of New Hanover County," which seal shall be used
in attestation of writs, warrants or other proceedings, acts or
judgments of said court, whenever required, and in the same man-
ner and to the same effect as the seal of other courts of record in
the State of North Carolina.
Sec. 6. There shall be a clerk of said court, who shall be a
qualified voter of New Hanover County and who shall be appointed
by the recorder, and shall hold office two years. The salary of
said clerk shall be fifty dollars per mouth, to be paid as herein-
after provided for the payment of the salary of the recoi'der of
said court. Before entering upon the duties of his said office as
such clerk, the clerk appointed, and his successor, shall enter
into a bond, with good and sufficient surety, to be approved by the
commissioners of New Hanover County, in the sum of fifteen
hundred dollars, for the true and faithful performace of his duties
as clerk and for the faithful accounting of all moneys which may
come into his hands as such clerk ; and said clerk appointed, and
his successors, shall, before entering upon the discharge of their
duties, take and subscribe the oath now provided by law for
clerks of the Superior Court, before the Clerk of the Superior
Court of New Hanover County, who shall record said oath. Said
clerk shall be, ex offlcio, a justice of the peace, and shall have
powers to issue warrants during the recess of the court.
Sec. 7. That the commissioners may appoint an attorney, who
shall act upon request of the recorder, and his pay shall be fixed
by the county commissioners.
Sec. 8. The jurisdiction of said court shall be as follows:
(a) Said court shall have final exclusive original jurisdiction
of all violations of city ordinances committed within the limits
of the city of Wilmington.
(&) Said court shall have final concurrent original jurisdiction
of all criminal offenses committed within New Hanover County
which are now or may hereafter be within the jurisdiction of the
justices of the peace.
(c) Said court, in addition to the jurisdiction conferred in sub-
sections (fl) and (&) of this section, shall have final, exclusive,
original jurisdiction of the following criminal offenses, to-wit :
carrying concealed weapons ; gaming ; gambling ; keeping gambling
tables and houses ; keeping bawdyhouses and disorderly houses ;
larceny and receiving stolen goods, knowing them to be stolen.
1909— Chapter 398. 521
where the property stolen does uot exceed twenty doHars in value ;
for failure to list taxes ; assault and battery with a deadly weapon,
or when serious damage is done ; fornication and adultery ; aban-
donment ; failure to provide adequate support ; cruelty to animals ;
malicious injury to real or personal property; trespassing on land
after being forbidden ; forcible trespass ; enticing servants to leave
masters ; indecent exposure of person ; retailing spirituous liquors
without license ; selling or giving away spirituous liquors to a
minor ; selling or giving away cigarettes to a minor ; obtaining
advances by a false pretense ; disposing of mortgaged property ;
maintaining nuisances ; all crimes against public health, as con-
tained in the Revisal of one thousand nine hundred and five,
from section three thousand four hundred and forty to three
thousand four hundred and flf ty-eight, inclusive ; all misdemeanors,
as contained in chapter eighty-one of the Revisal of one thousand
nine hundred and five or any act amendatory thereof, where
the punishment does not exceed a fine of two hundred dollars
or imprisonment for one year, or both, and all crimes which at
common law are misdemeanors, wherein the punishment is in
the discretion of the court ; and all such crimes hereinbefore
enumerated are hereby declared by this act to be petty mis-
demeanors, and the punishment thei'efor shall be as now prescribed
by law.
(d) In all cases heard by justices of the peace in said county Persons bound
against any person or persons for any offense included in sub- court^° recorder's
section (c) or section eight of this act, in which probable cause
of guilt is found, such person or persons shall be bound in a suit-
able recognizance, with sufficient surety, to appear at the next
succeeding term of said recorder's court for trial, and in default
of such recognizance such person or persons shall be committed
to the common jail of New Hanover County, awaiting trial.
(e) In any criminal matter wherein said court has not final Jurisdiction as
jurisdiction, as hereinbefore granted and conferred, it shall have inary investiga-
jjower and it is hereby fully authorized to hear and bind over ^'°'^'
to the proper court all persons charged with any crime com-
mitted within the county of New Hanover, whereof the preliminary
investigation is now conferred on justices of the peace or the
Mayor of Wilmington, and to render such judgment in such mat-
ters as now provided by law : Provided, that any case where Proviso: prosecu-
lu-osecution has been commenced prior to the ratification of this [nsmuted^*^^
act, the court in which said prosecution has been instituted shall
have jurisdiction thereof; and any and all cases heard by the
recorder of the court established by this act, as committing
magistrate, against any person or persons for any oft'ense whereof
said court herein established has not jurisdiction, in which prob-
able cause of guilt is found, such person or persons so charged Recognizance or
, ,, , , , bond to superior
shall be bound on bond or recognizance, with sufficient surety, if court.
522
1909— Chapter 398.
Convicts to be
sentenced to
roads.
Warrants.
Right of appeal.
Offenses hereto-
fore committed.
Costs of serving
process.
Fees.
Defendant con-
victed taxed with
costs.
Costs to county
treasurer.
Separate account
and report.
Itemized state-
ment from clerk of
court.
the crime be bailable under the law, to appear at the next term
of the Superior Court of New Hanover County for the trial of
criminal cases, and in default of such bond or recognizance such
person or persons shall be committed to the common jail of New
Hanover County to await trial as aforesaid; if the crime be not
bailable, then to commit the defendant so charged to the common
jail of New Hanover County to await the action of the Superior
Court thereon.
(/) Said recorder shall have all the power and jurisdiction and
authority now conferred by law upon justices of the peace or the
Superior Court of New Hanover County to sentence any person
convicted in said court of a misdemeanor, for which the punish-
ment prescribed by law is imprisonment, to be worked on the
public roads of said county, as now provided by law, and the
clerk of the said court shall issue commitments therefor in the
same manner as now provided by law for clerks of the Superior
Court.
(g) Warrants may be issued by the recorder or clerk of said
court for any person or persons charged with the commission of
any criminal offenses of which the said court has jurisdiction,
and any person convicted in said court shall have the right to
appeal to the Superior Court of New Hanover County, and upon
such appeal the trial in the Superior Court shall be de novo.
(h) The said recorder's court shall have jurisdiction of any and
all criminal offenses, as hereinbefore in this section enumerated,
which have been committed before the ratification of this act and
of which no court has taken jurisdiction.
Sec. 9. The costs of serving warrants, subpoenas and other
process issued by said recorder's court shall be the same as now
fixed by law, and shall be paid to the officer performing such
services. The fees for issuing the warrants, subpoenas for wit-
nesses and for making up bill of costs, and for any other process
or writ issued by said court or services performed by said clerk
or other salaried officer of the city of Wilmington or county of
New Hanover, for which a fee is now prescribed by law, shall
be the same as now fixed by law for justices of the peace and
clerks of the Superior Court in similar cases; and every defendant
convicted, adjudged guilty or who pleads guilty in said court shall
be taxed with the costs of the prosecution, as now prescribed by
law ; and all such costs recovered and collected in said court, ex-
cept costs due to the sheriff, constable or special deputized officer,
shall be paid on Monday of each week by the clerk of said court to
the Treasurer of New Hanover County, who shall keep a separate
account thereof, and who shall report to the board of commis-
sioners of the county of New Hanover on the first day of each
month the amount paid in by the said clerk. The said clerk shall
file with the board of commissioners of the county of New Han-
1909— Chapter 398. 523
over on the first day of each mouth an iteiuized statement of all
costs collected by him and paid to the treasurer of the county of
New Hanover for the month precedins:. Out of the fees so paid Application of
fees.
to the treasurer of the county by the clerk of said court there
shall be paid, monthly, if the same be sufficient, the fees for which
the county may be liable and the compensation of the prosecuting
attorney and the salary of the clerk of said court, the expense
of stationery, books, files, dockets and other such expenses of
said court. If the fees so collected and paid to the treasurer of Deficit supplied
from general
the county of New Hanover shall be insufficient to pay the salary funds.
of said recorder and the said clerk and the expense of said court
and the compensation of the prosecuting attorney, then the dif-
ference shall be paid by the board of commissioners of the county
of New Hanover out of the general funds of said county. If the Division of sur-
fees at the end of each year shall be in excess of the salary of the ^ "*'
recorder and of the clerk and the compensation of the prosecuting
attorney for the year and the expenses for stationery and other
expenses of said court, the said excess shall be paid by the treas-
urer of the county of New Hanover, one-half to the treasurer of the
city of Wilmington and the other half retained by the said treas-
urer and credited to the general county fund of the county of
New Hanover. The clear proceeds of all fines collected by the Fines paid to
clerk of said recorder's court shall be paid to the treasurer of the 'treasurer.
county of New Hanover and held by said treasurer for the pur-
poses now provided by law.
Sec. 10. The warrants, subpoenas and other process issued by issue and service
said recorder's court shall be directed to the sheriff or other ° P™cess.
lawful officer of New Hanover County, and service thereof shall
be lawfully made when made by the sheriff of said county or
any c-onstable of said county or any policeman of the city of Wil-
mington or, in the absence of such officers, by any person specially Process to run.
deputized by the recorder or clerk, in writing, to make said service
and said warrants, subpoenas and other process of said court, when
attested by the seal of said court, and shall run anywhere in the
State of North Carolina and shall he executed by all officers ac-
cording to law.
Sec. 11. Whenever any person is convicted of any offense of Convicts sen-
which said court has jurisdiction, and the punishment imposed is work.
a fine or im])risonment, or imprisomnent and costs, the recorder of
said court shall sentence the defendant to be worked upon the
public roads of the county of New Hanover or the county farm of
said county until such sentence has been complied with, and the
clerk of said court shall issue a commitment of the defendant
in accordance with the judgment of said court.
Sec. 12. The recorder shall preside over said court and try and Recorder to pre-
determine all actions coming before him, the jurisdiction of which
is conferred by this act, and the proceedings of such court shall Proceedings.
524
1909— Chaptek 398.
Right of appeal.
Bond oil appeal.
Jurisdiction for
recovery of penal-
ties.
Records to be
kept by clerk.
Permanent
docket.
Files.
Offenses tried
before mayor.
Pending cases.
Court ofiBcers may
have other
business.
be the same as are uow prescribed for justices of the peace ; and
ill all cases there shall be a right to appeal on the part of the
defendant adjudged guilty to the ensuing term of the Superior
Court of said county for the trial of criminal causes ; and in all
such cases of appeal the defendant shall be required to give bond,
with sufficient surety, to be fixed by the said recorder, conditioned
for the defendant's appearance at such court, and in default
thereof the recorder shall commit such defendant to the common
jail of New Hanover County until said defendant shall give bond
or be otherwise discharged according to law.
Sec. 13. Said court shall also have jurisdiction to try all ac-
tions for the recovery of any penalties imposed by law or this
act or by any ordinance of the city of Wilmington for any act
done within said city of Wilmington contrary to law or said
ordinances, and said penalty shall be recovered in name of the
said county of New Hanover.
Sec. 14. It shall be the duty of the clerk of said court to keep
an accurate account and true record of all costs, fines, penalties,
forfeitures and punishments by said court imposed under the
provisions of this act ; and said record shall show the name and
residence of such offender and the nature of the offense, the date
of trial and punishment imposed, which record shall at all times
be open to and subject to inspection by the board of commissioners
of the county of New Hanover and other persons having business
relating to said court. He shall provide a permanent docket for
recording all the processes issued by said court, which shall con-
form to the dockets kept by the clerk of the Superior Court. He
shall also provide proper files to properly keep all records of all
causes which shall be disposed of in the said court and what
disposition has been made of them.
Sec. 15. All offenses which have heretofore been heard and tried
by the mayor of the city of Wilmington shall, after this act goes
into effect, be tried by the recorder appointed in this act and any
recorder who may succeed the i-ecorder appointed herein ; but
no cases which are pending in the Superior Court of New Han-
over County at the time this act goes into effect shall be trans-
ferred to the recorder's court, but the same shall be disposed
of in that court ; and all cases pending before a justice of the
peace of New Hanover County shall be tried and disposed of
by the court of said justice of the peace in accordance with the
law as it existed at the time of the ratification of this act.
Sec. 16. That the recorder and substitute recorder of said court
shall not by virtue of his said oflice be prevented from conducting
any other business or practicing his profession ; that the clerk
of said court shall not be deprived of engaging in other business,
the duties of which will not interfere with the performance of
the duties of his said office as clerk.
1909— Chaptek 398—399. 525
Sec. 17. In the absence of the recorder from the city of Wil- Suij^stitute
mington, or in the event of sickness or disability to hold daily
sessions of said court, the court shall be presided over by the sub-
stitute recorder appointed as herein provided, and he shall have
all the powers and perform all the duties of the same as the
recorder. His compensation shall be four dollars per day, to be Compensation.
paid out of the salary of the recorder.
Sec. 18. The recorder, substitute recorder and clerk of said court Removal for
may each be removed from office by the Board of Commissioners
of New Hanover County, after hearing and notice to the officer
whose removal is being investigated, upon proof of immorality or
incompetency and continued neglect of the duties of his office, and
if either of said officers should be removed the said board of com-
missioners of New Hanover County shall elect his successor for
the unexpired term.
Sec. 19. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec. 20. This act shall be in force and effect from and after its
ratification.
Ratified this the 1st day of March, A. D. 1909.
CHAPTER 399.
AN ACT TO AUTHORIZE THE ISSUE OF STATE BONTDS TO
PAT OFF THE STATE BONDS WHICH FALL DUE ON THE
FIRST DAT OF JULT, 1910.
Whereas, by virtue of chapter ninety-eight of the Public Laws Preamble: con-
•' , . ^-^ ^ J.T solidated debt
of one thousand eight hundred and seventy-nine, ratified the bonds.
fourth day of March, one thousand eight hundred and seventy-
nine, the State of North Carolina issued a series of State bonds,
called the "consolidated-debt bonds," and whereas the said bonds Preamble:
, , amount.
to the amount of three million four hundred and twenty-seven thou-
sand dollars (.$.3,427,000) are now outstanding and will mature on Maturity.
the first day of .July, one thousand nine hundred and ten : now,
therefore,
The General Assembly of 'North Carolina do enact:
Section 1. That for the purpose of paying off the consolidated- Purpose of issue.
debt bonds of the State, issued by virtue of chapter ninety-eight
of the Laws of one thousand eight hundred and seventy-nine,
which bonds are now outstanding in the sum of three million four
hundred and twenty-seven thousand dollars (.$.3,427,000), and will
mature on the first day of July, one thousand nine hundred and j^q^j jj^g^ig
ten, the State Treasurer is hereby authorized and directed to issue autliorized.
526
1909 — Chapter 399.
Maturity.
Amount.
Interest
Denominations.
Authentication of
bonds.
Autlientication of
coupons.
Coupons receiv-
able for dues to
State.
Advertisement for
sale.
Sealed bids.
Bids.
Preference to
citizens.
Balance to general
fund.
Exemption of
bonds and coupons
from taxation.
Bonds lawful
investment for
fiduciaries.
bonds of the State of North Carolina, payable forty years after
the first day of July, one thousand nine hundred and ten, to an
amount not to exceed the sum of three million four hundred and
thirty thousand dollars ($3,430,000).
Sec. 2. All of said bonds shall bear interest at a rate not exceed-
ing four per cent per annum from the first day of July, one
thousand nine hundred and ten, until paid, which said interest
shall be payable semiannuallj' on the first days of January and
July of each and every year, so long as any portion of the said
bonds shall remain due and unpaid.
Sec. 3. That the bonds authorized and directed to be issued by
the preceding sections shall be coupon bonds of the denomination
of five hundred dollars (.$500) and one thousand dollars ($1,000)
each, as may be determined by said State Treasurer, and shall be
signed by the Governor and the State Treasurer and sealed with
the great seal of the State. The coupons thereon may be signed
by the State Treasurer alone, or may have a facsimile of his
signature printed, engraved or lithographed thereon ; and the said
bonds shall in all other respects be in such form as the said
State Treasurer may direct, and the coupons thereon shall, after
maturity, be receivable in payment of all taxes, debts, dues,
licenses, fines and demands due the State of North Carolina, of
any kind whatsoever, which shall be expressed on the face of
said bonds. Before selling the bonds herein authorized to be
issued, the treasurer shall advertise the sale and invite sealed bids
in such manner as in his judgment may seem to be most effectual
to secure the best price. He is authorized to accept bids for the
entire issue or of any portion thereof, and where the conditions
are equal he shall give the preference of purchase to the citizens
of North Carolina ; and he is authorized to sell the bonds herein
authorized in such manner as in his judgment will produce the
best price. Any balance left in the hands of the State Treasurer
from the sale of said bonds, after paying the said consolidated-
debt bonds and the costs of issing the bonds herein provided for,
shall be covered into the general fund.
Sec. 4. The said bonds and coupons shall be exempt from all
State, county or municipal taxation or assessment, direct or in-
direct, general or special, whether imposed for purposes of general
revenue or otherwise, and the interest paid thereon shall not be
subject to taxation as for income, nor shall said bonds and coupons
be subject to taxation when constituting a part of the surplus of
any bank, trust company or other corporation.
Sec. .5. It shall be lawful for all executors, administrators,
guardians and fiduciaries generally to invest in said bonds.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 1st day of March, A. D. 1909.
1909— Chapter 400. "527
CHAPTER 400.
AN ACT TO PROVIDE FOR THE APPOINTMENT OF COURT
STENOGRAPHERS FOR THE COUNTIES OF SWAIN. HAY-
WOOD. JACKSON AND TRANSYLVANIA.
The General Asseinbly of North Carolina do enact:
Section 1. That any judge holding either a regular or special Judge authorized
„ ,, ^ . ^ i ^ i, X- ^ c^ ■ T-r J to employ steno-
term of the Superior Court for the counties of Swam, Haywood, grapher.
Jackson and Transylvania may employ a stenographer for the
term or terms of court so held by him in the counties of Swain,
Haj-^-ood, Jackson or Transylvania to attend said regular or
special term or terms of said court, and said judge shall fix the Compensation.
compensation therefor, to be paid out of the treasury of said
respective counties.
Sec. 2. No person shall be appointed stenographer for said court Capacity of
unless he or she is able to write at the rate of at least one hundred stenographer.
and twenty-five words per minute for five consecutive minutes,
from matter not previously written by or known to him or her ;
and such stenographer shall take and subscribe an oath faithfully, stenographer to
correctly, honestly, and conscientiously to discharge the duties of ^"^^'^^•
the office of court stenographer as prescribed by this act.
Sec. 3. Such stenographers shall take full stenographic notes of Duty of steno-
every case tried or heard during said term of said Superior Court,
of all oral testimony, the admissions by either side, the objections
to the Introduction of testimony, the rulings of the court thereon
and the exceptions taken to such rulings, all motions heard and
passed upon by the court upon matters controverted by parties,
and the charge of the court to the jury ; and shall take notes of all
documentary evidence introduced by either party, and of all other
proceedings, such as the court may direct. The judge shall not be Judge not
ixMiuired to take any notes of the evidence; and whenever required notes^^
by the judge the stenographer shall read the notes to the jury.
Sec. 4. In all cases on appeal to the Supreme Court, and in all Record on appeals
other cases, unless otherwise ordered by the judge presiding, said
stenographer shall within five days from the rising of the court
furnish to the judge presiding and counsel for each party one
typewritten copy of the entire record as reported by him. The
copy so furnished the judge presiding shall be preserved by him
and shall be used in making up the case for ajipeal ; and a charge Charge for copy,
of five cents per copy sheet shall be made by said clerk for that
part of the case on appeal so furnished by said official stenographer,
instead of the usual charge of ten cents per copy sheet.
Sec. 5. Should the presiding judge deem it necessary for the Assistant sten-
expedition of the business in civil cases, and counsel for both °^^^p ^'■■
sides should so consent, he may appoint a stenographer to assist pj-oviso- pav of
the stenographer so appointed by him as aforesaid : Provided, that assistant.
528-
1909— Chapter 400—401.
Fees taxed as
costs.
the plaintiffs and defendants, in addition to tlie fees hereinafter
provided, pay the compensation of such stenographer appointed as
aforesaid, but in no case shall such compensation be paid by the
county. .
Sec. 6. To reimburse the county for the expenditure required
by this act, there shall be taxed by the clerk of the court and paid
to the county treasurer a fee of five dollars as a part of the
costs in all civil actions wherein a jury is impaneled ; and in all
criminal actions wherein a jury is impaneled there shall be taxed
as a part of the costs and paid to the county treasurer a fee of
three dollars, except that in cases of capital felonies the fee shall
be twenty dollars; and in any case where a jury trial is waived,
and it is necessary for the judge presiding to have the stenographer
take evidence of his findings of fact, his honor shall fix the fee and
tax same as a part of the costs.
Sec. 7. This act shall be in force fi'om and- after its ratifica-
tion.
Ratified this the 1st day of March. A. D. 1909.
CHAPTER 401.
AN ACT SUPPLEMENTAL TO HOUSE BILL 1582. SENATE
BILL 1015, RATIFIED FEBRUARY 26, 1909, ENTITLED "AN
ACT TO PROVIDE FOR THE WORKING OF THE PUBLIC
ROADS OF NORTHAMPTON COUNTY AND TO LEVY A
SPECIAL TAX THEREFOR, AND TO REPEAL CHAPTER
538 OF THE PUBLIC LAWS OF 1903."
When act
effective.
The General Assem'bly of North Carolina do enact:
Section 1. That House Bill one thousand five hundred and
eighty-two, Senate Bill one thousand and fifteen, ratified February
twenty-sixth, one thousand nine hundred and nine, entitled "An
act to provide for the working of the public roads of Northampton
County and to levy a special tax therefor, and to repeal chapter
five hundred and thirty-eight of the Public Laws of one thousand
nine hundred and three," be amended by striking therefrom sec-
tion twenty-four and inserting in lieu thereof the following: "Sec.
24. That this act shall be in force from and after April first, one
thousand nine hundred and nine."
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the first day of March, A. D. 1909.
1909— CiiAPTEK 402. 529
CHAPTER 402.
AN ACT TO INCORPORATE THE CAROLINA RAILWAY AND
POWER COMPANY.
The General Asseinhly of Xorth Carolina do enact:
SECTiOiSr 1. Tbat J. E. Latham, of Greensboro, North Carolina ; Cor|)orator.s.
T. A. Hunter, of Greensboro, North Carolina ; Thomas S. Beall,
of Greensboro, North Carolina ; W. A. Blair, of Winston, North
Carolina; R. B. Home, of Winston, North Carolina; B. S. Womble,
of Winston, North Carolina ; C. F. Tomlinsou. of High Point, North
Carolina, and S. H. Tomlinson, of High Point, North Carolina, and
their associates, successors and assigns, be and they are hereby
declared a bodj^ politic and corporate, under the name and style Cori)orate name,
of the "Carolina Railway and Po^Yer Company," and by that name corporate rights,
shall have perpetmil succession, and sue and be sued, plead and be
impleaded, make and use a corporate seal and alter the same at
pleasure, contract and be contracted with, and shall have and
enjoy- all the rights and privileges reasonably incident and neces-
sary for the purposes of this act, as well as to enjoy all the rights
and immunities which corporate bodies may now or hereafter law-
fully exercise under the laws of the State of North Carolina,
and may make necessary regulations for its government, not in-
consistent with the laws of the United States or of the State of
North Carolina.
Sec. 2. The capital stock of said company shall be five hundred Capital stock-.
thousand dollars ($500,000), which may be increased from time to increase of
time by proper corporate action of its stockholders to an amount ^^Pital-
not exceeding ten million dollars ($10,000,000), to be divided into share.s of stock,
shares of the par value of one hundred dollars ($100) each:
Provided, such increase of capital stock shall be made upon ap- Proviso: jiro-
plication to the Secretary of State and lawfully granted by liiui. fncr'ease or^tock
such application to be accompanied by a receipt from the State
Treasurer for the tax prescribed in section five thousand one hun-
dred and ninety, Revisal of one thousand nine hundred and five,
for increase of capital stock. Each share subscribed shall be stock votes,
entitled to one vote in all the meetings of the stockholders of said
company; and when five thousand dollars ($5,000) of the common Time for orKan-
capital stock shall have been subscribed for the corporation may 'nation,
organize and begin business, with all the powers with which
it is chartered. Of the remaining capital stock which may be Preferred stock.
issued, not more than fifty per cent thereof may, at the option
of the stockholders, from time to time be issued as preferred stock,
with such powers, privileges and preferences as to dividends and
assets, rights, limitations and restrictions as the stockholders by
proper corporate action may determine : Provided, however, that stock. " ^^'''^^^"^
Pub.
530
1909— Chai'Ter 402.
Payment of sub
scription.
Objects of cor-
poral ion.
Powers specific-
ally fcranted.
Powers specific-
ally granted not
to limit general
powers.
Rights as power
company.
at no time shall the corporation have issued and outstanding
preferred stocli in an amount exceeding fifty per cent of the com-
mon stocic actually issued and outstanding.
Sec. S. Subscriptions to the capital stock may be made and paid
in money, lands, material or services, or other things of value
necessary to the uses of the corporation, or in bonds, stocks or
()th( r valuable securities, in such manner and on such terms as
may be agreed upon by the corporation, through its board of
directors. All the stock issued by the corporation in payment of
any subscription or purchase of real estate, or personal property
necessary for the uses and purposes of the corporation, or for
work, labor or services performed or materials furnished to or for
the corporation shall be full-paid stock, and when so issued shall
not be liable for any other call ; neither shall the holder thereof
be liable for any further payments ; and in the absence of actual
fraud the judgment of the directors as to the value of the property
or the labor or services performed or materials furnished, for
which the capital stock of the company may be issued, shall be
conclusive; and in all statements and reports of the corporation
required to be filed by the laws of the State of North Carolina
this stock shall not be stated or reported as being issued for cash
paid to the corporation, but shall be reported in this respect ac-
cording to the facts.
Sec. 4. The objects for which said corporation is established are :
to generate, sell and distribute electric current, and to supply
light, heat and power, electrical or otherwise, to individuals and
corporations, private or municipal ; to construct, maintain and
operate railways, flumes, telegraph and telephone lines or other
means of transportation or communication ; to encourage, promote,
operate and maintain manufacturing enterprises, mines, hotels, in-
dustries and business of any kind whatsoever, and works of
internal improvement or public use or utility, and generally to
develop in every way the resources of any and all land acquired
by the said corporation or belonging to others.
Sec. 5. In furtherance of the objects and purposes hereinbefore
stated, the said corporation shall have the following powers (it
being hereby expressly provided, however, that the said powers
herein specifically enumerated shall not be held to limit or restrict
in any manner the general powers conferred by the laws of the
State of North Carolina in chapters twenty-one and sixty-one of
the Revisal of one thousand nine hundred and five of North Caro-
lina and the laws amendatory thereof, or elsewhere), that is to
say:
a. To supply to the public, including both individuals and cor-
porations, whether private or municipal, within the State of North
Carolina and elsewhere, power in the forms of electric current,
hydraulic, pneumatic and steam pressure, or any of the said forms
or any other forms for use in driving machinery, and for light,
1900 — Chapter 40:2. 531
heat and all other uses to which the power so supplied cau be
applied, and to tix, charge, collect and receive payment therefor;
and tfor the purpose of enabling the company to supply power,
as aforesaid, the company is authorized and empowered to buy
or otherwise acquire, generate, develop, store, use, transmit and
distribute power of all kinds, and to locate, acquire, construct,
equip, maintain and operate lines for the transmission of power
by wires or poles or underground, and by cables, pipes, tubes,
conduits and all other convenient appliances for power transmis-
sion, with such connecting and brancli lines within tlie State of
North Carolina or elsewhere as the board of directors may locate
or authorize to be located for receiving, transmitting and distribut-
ing power ; and to acquire, own, hold, sell or otherwise dispose of
water power and water privileges in the State of North Caro-
lina, and locate, acquire, construct, equip, maintain and operate
all necessary plants for generating and developing by water, steam
or by any other means, and for storing, using, transmitting, dis-
tributing, selling and delivering power, including dams, gates,
bridges, sluices, tunnels, stations and other buildings and all
other worlvs. structures, machinery and appliances: Provided, that Proviso: lines on
the lines and appurtenances hereinbefore authorized for distribut- ways/
ing power and light are to be constructed, when on public streets
or highways of any county, city or town, under such reasonable
regulations as the authorities, respectively, thereof shall upon ap-
plication from the company prescribe.
h. To carry on and conduct the business of generating, malving. Rights as light,
transmitting, furnishing and selling electricity for the purixises company .^°^^ ^^
of lighting, heat and power and transmission of power ; and to
furnish and sell and to contract for the furnishing and sale to
persons, corporations, towns and cities of electricity for illuminat-
ing purposes or as motive power for running and i)i'<)pelling motoi's.
cars, machinery and apparatus, and also for all other uses and
purposes for which electricity is now or may be hereafter used ;
to construct, maintain and operate a plant or plants for manufac-
turing, generating and transmitting electricity ; to deal in. generate,
furnish, supply and sell electricity, steam, gas, compressed aii- and
all other kinds of power, forces, fluids, currents, matter and ma-
terial used or to be used for the purposes of illumination, heat
and power; to carry on any and all business in anywise appertain-
ing or connected with the manufacturing and generating, distribut-
ing and furnishing electricity for light, heat and power purposes,
including the transacting and conducting of any and all business
in which electricity is now or may be liereafter utilized, and all
matters incidental or necessary to the distribution of electric light,
heat and jjower; to maiuifacture and rei)air. sell and deal in any
and all necessai-y appliances and machinci'v used and which may
be required or deemed advisable foi- or in connection with the
utilizing of electricity or in anywise apiiei-taining thereto or con-
532 1909— Chaptkk 402.
nected therewith ; to purchase, acquire, own, use, lease, let and
furnish any and all kinds of electric machinery, apparatus and
appliances ; to purchase, acquire, own, hold, improve, let, lease,
operate and maintain water rights and privileges and water
powers; to construct, acquire, build and operate, maintain and
lease canals, ditches, flumes and pipe lines for the conducting of
water ; to build, construct, maintain and operate railroads, street
railways, motor lines, tramways, turnpikes, flumes and canals, and
to carry freight and passengers or freight or passengers thereon,
and to charge, collect and receive tolls or fares for the same ; to
construct, build, purchase, buy, own, hold, lease, maintain and
operate telegraph and telephone lines wherever it may deem ex-
pedient, and to charge, receive and collect such charges and rates
for the use of its telegraph and telephone lines and for the trans-
mission of messages thereon as may be deemed reasonable; to
construct, acquire, own, hold, lease, maintain and operate lines
of wires, underground conduits, subways or other convenient con-
duits or appliances for the transmission of electricity and other
energies, fluids, forces and currents as may ho deemed advisable
or expedient; to lease any part or all of its railroads, street rail-
ways, motor lines, tramways, turnpikes, flumes, canals, telegrai)h
lines, telephone lines, power transmission lines, conduits and power
plants to any other company or companies organized for the
purpose of maintaining and operating such roads, lines or conduits
or power plants, and to lease, purchase, maintain and operate any
part or all of any other railroads constructed by others upon such
terms and conditions as may be agreed upon by the parties respec-
tively; to apply to the proper authorities of any incorporated
county, city or town in the State of North Carolina or elsewhere
in which the railroads, street railways, motor lines, tramways,
turnpikes, flumes, canals, power transmission lines, power plants,
underground subways, wires, poles and appliances of this corpora-
tion may extend or be designed or intended now or hereafter to
extend, for a grant of any rights, powers, privileges and franchises
for the maintenance and operation thereof ; to accept, receive, own,
hold, lease, all and singular, the same ; to acquire by contract,
purchase, lease or otherwise, and to accept, own and hold any
rights, privileges or franchises heretofore granted to any person,
firm, company or corporation, or which may be hereafter so granted
by the proper authorities of any such county, city or town ; and
to do and perform all matters and things necessary, proper or
convenient for the accomplishment of the ob.1ects hereinbefore men-
tioned.
Power to purchase c. To acquii'e, by purchase, condemnation or other proper method.
or condemn water ., .,^^ , -,-,..., . ^ ■ j
rights. the right to use, employ and divert the water flowing and running
in any stream or water course which may be necessary to the
exercise of any of the powers of a public or quasi public char-
acter herein granted to the said corporation ; and whenever it shall
I
190D— CiiAi'TEK 402. 533
be necessary to divert the water from any such stream or water
course to be used for any of the purposes herein provided, the
said corporation sliall have the right to have the value of the
said water so to be diverted and the land so to be used over which
it shall be conducted condemned and the value thereof assessed
in the manner hereinafter provided for the condemnation and
valuation of land and other property.
d. To purchase, acquire, rent, lease, own, hold and improve Powers as land
real estate in such quantities as may be deemed expedient, and to compajf™^°
build dwelling houses, build and operate stores, mills, schools, fac-
tories, warehouses, hotels and any and all other buildings and
structures deemed advisable and expedient ; to sell and dispose of
the same on such tei*ms and conditions and payments, including
installments and installment plans, as may be desirable or con-
venient; to lay out and plat any real property belonging to or •
required by the company into lots, blocks, squares, factory sites
and other convenient forms ; and to lay out, plat and dedicate to
public use or otherwise streets, avenues, alleys and parks ; and
to adorn and beautify its property by building dams for ponds,
reservoirs and lakes and by other means.
e. To erect and construct, make, improve or aid or subscribe Powers as build-
toward the construction, making and improvement of mills, fac- '
tories, storehouses, buildings, roads, docks, piers, wharves, houses
for employees and others, and works of all kinds.
/. To guarantee the payment of dividends or interest on any Powers as guaran-
shares, stocks, debentures or other securities issued by or any other ^^ company,
contract or obligation of any corporation, whenever proper or neces-
sary for the business of this corporation, in the judgment of its
directors.
</. To do all and everything necessary, suitable or proper for the General summary
accomplishment of any of the purposes or attainment of any one or ° P^^^rs
more of the objects herein enumerated or which shall at any time
appear conducive to or expedient for the protection or benefit of the
corporation, either as holder of or interested in any property,
and in general to carry on any business, whether manufacturing,
mining or otherwise.
h. To acquire by original subscription, contract or otherwise, P9wers in dealing
and to hold, manage, pledge, mortgage, sell, convey and dispose porations.'^ ^°^'
of or otherwise deal with, in like manner as individuals may do,
shares of the capital stock, notes, bonds and other obligations is-
sued or created by other corporation or corporations, and while the
holder of such stock to exercise all the rights and privileges of
ownership, including the right to vote thereon, to the same extent
as a natural person might or could do ; to lease, purchase or other-
wise acquire, own, hold, maintain, use and dispose of the rights of
way, permits, privileges, powers, franchises and property of every
kind and nature, real, personal or mixed, of any other cori)oration.
or to unite and consolidate with any other corporation upon such
534
1909— ClIAI'TEK 40i>.
Right to locate,
construct and
operate railroad.
Termini and
route.
Branch lines.
Incidental powers.
Powers under
general law.
Entry on lands
for exploring and
survey.
terms as may be a.i;reed upon, and also to boi-row mouey, and for
such consideration and upon sucli terms as tlie stockliolders or
board of directors may determine; and to issue its notes, bonds
and debentures from time to time as it nuiy elect, and to secure
tlie same by mortga,i?e or mortgages on its property, whether then
owned or thereafter to be acquired, and its franchises in whole or
in part, as they may deem necessary or expedient.
/. To locate, construct, equip, maintain and operate, by steam
or electric power, a railroad or any part thereof, upon one or
more tracks, from some point at or near the city of Winston, in
the county of Forsyth. State of North Carolina, to some point at
or near the city of High I'oiut, county of Guilford, State of North
('arolina, and from some point at or near the city of High Point
to some i)oiut at or near the town of Thomasville, in the county of
Davidson, State of North Carolina ; thence in a southerly or south-
westerly direction, by such route as it may select, to some point on
tlie North Carolina and South Carolina line ; and it may also con-
struct, maintain and operate such lateral and branch line as it
may deem necessary or advantageous to the extension, completion
and operation of its said road. And for these purposes it shall
have the power to construct dams, culverts, trestles and bridges
over and across streams, valleys and deiiressions. and it shall have
the right to cross any navigable stream on its route : it shall have
the right to cross at grade or over or mider. to intersect, join oi*
unite its railway with any other railway now constructed or that
may be hereafter constructed in this State upon the ground of
such companies at any point on its route, and to build the neces-
sary turnouts, sidings, switches and other conveniences in further-
ance of the objects of its construction ; and may, in making any
intersection or connection with another road, have all the rights,
powers and privileges conferred upon railroads by chapter sixty-
one of ReA'isal of one thousand nine hundred and live or any act
of Assembly amendatory thereof. Said company shall also have
the right to locate such station or stations along its railroad and
arrange such schedule or schedules for the running of its passenger
or freight cars or trains as it may think proper. For the construc-
tion of a railway provided by this act the company shall have, for
the purpose of acquiring lands, easements or rights of way, all
the rights, powers and authorities given to railroads mider chapter
sixt.y-one of Revisal of one thousand nine hinidrcd and five of
North Carolina or any act of Assembly amendatory thereof, as fully
as if the provisions of said chapter were incorporated in this act.
Sec. (i. It shall be lawful for the president and directors, their
agents, superintendents, engineers or others in their employ, to enter
at all times upon all lands or water for the purpose of exploring or
surveying the lands required by said company for the location
of any of its works or for the conducting of the business or any
pai't of said business hereinbefore authorized in paragraphs a and
1909— CiiAi'TEK 402. 535
h and c and / of section five, and for locating said works, doing
no unnecessary damage to private property, but said company sliall
be responsible for all damages done ; and when the location of
said works shall have been determined and a survey of the same
deposited in tlie office of the clerk of the Superior Court of the
county in which the said land lies, then it shall be lawful for the Entry on lands
said company, by its officers, agents, engineers, superintendents. '°^ construction.
contractors and others in its employ, to enter upon, take possession
of, have, hold and use and excavate and fill any such lands, and
to erect all the necessary and suitable structures for the erection,
completion, repairing and operating of said works, subject to such
compensation as is hereinafter provided: Provided, however, that Proviso: damage
said company shall not enter upon or break ground upon the prem- and pafd^before
ises, except for the purpose of surveying, without the consent of entry.
the owner, until such owner's damages are agreed upon between •
such owner and said company or ascertained by the method here-
inafter provided, and such damage has been paid to such owner;
and Provided further, that such locating of its works and filing its proviso: change of
surveys in the office of the clerk of the Superior Court shall not location,
preclude said company from making from time to time other
locations of works and filing surveys of the same as its business
and its develi^iment require ; and whenever any land for the loca- Procedure for coii-
tion of dams or of a canal or canals or for ponding water or any ^'"'^^'^'O"-
other lauds or rights of way may be required b.v said company
for the purpose of constructing and operating its works or for the
conducting of its businesses herein authorized, or any part of said
business, and the said company cannot agree with the said owner
thereof for the purchase of the same, the same may be condemned
and taken and appropriated by said company at a valuation of five '
conunissioners, or a majority of them, appointed by the clerk of the
Superior Court of the county in whicli the land to be condennied
lies. In making said valuation the said commissioners shall take
into consideration the loss or damage which may accrue to the
owner or owners in consequence of the land being surrendered.
The said commissioners shall report their valuation of said land
to the said clerk, in writing, within twenty days after receiving
notice of their appointment, and shall file their report with said
clerk within that time; and if the said owner or owners or the said
company do not except to the valuation so rei)orted within ten days
after the filing of the report, the said clerk shall approve and con-
firm said report, and then, upon payment of such valuation and the
costs of the proceedings, the said lands shall vest in and become
the property of said company for the purpose hereinbefore ex-
pressed. If either or both of the parties be dissatisfied with such Right of appeal,
valuation, then either or both parties may within ten days after
the filing of said report file exceptions thereto, and upon the deter-
mination of the same by the clerk, and upon notice to the other
party within ten days after such determination, may appeal to the
536
1909— OlIAPTEK 402.
Appeal to
supreme court.
Deposit of valu-
ation.
Proviso: proceed-
ings to conform to
general law.
Proviso: valua-
tion on oath.
Proviso: limit of
condemnation.
Deposits pending
appeals.
Judgment if
deposit insuffi-
cient.
Superior Court of the county in which the land lies, at the next
ensuing term thereof; and upon the demand of either party the
said valuation shall be determined by a jury trial. If no such de-
mand is made, the judge may hear and determine the matter upou
exceptions filed, and either party shall have the right to appeal
to the Supreme Court as in other cases from a judgment of the
Superior Court. And when the said valuation has been thus
ascertained and determined and paid, the said land shall vest in
and be and become the property of the said company for the pur-
poses hereinbefore expressed. In case any land so required shall
be claimed by more than one person, then the amount of the valua-
tion shall be deposited with the clerk of the Superior Court of the
county in which the land lies, until the true owners of the land
and the proper person to receive said money can be ascertained
by an action or suit between such claimants : Provided, that the
petition for the appointment of commissioners under this act, and
the service therefor, and of summons, shall in all respects conform
to sections two thousand five hundred and eighty, two thousand
five hundred and eighty-one and two thousand five hundred and
eighty-two of the Revisal of one thousand nine hundred and five;
and Provided further, that the valuation provided for in this sec-
tion shall be made upon the oaths of the commissioners aforesaid,
which may be administered by any clerk of the court, justice of the
peace or other person authorized by law to administer oaths :
Provided' furtlier, that the right of condemnation herein granted
shall not authorize said company to remove or invade the dwelling
house, yard, kitchen, garden or burial ground of any individual
without his or her consent. In case of any appeal to the Superior
Court from the report of the commissioners by either the said
company or the said owner or owners of the land to be condemned,
then the said company shall deposit with the clerk of the Superior
Court of the county in which the said land lies the sum named
as the valuation of said land by the commissioners, and all costs
of the proceeding up to the date of the appeal, and thereupon the
said land shall vest in the said company for the purposes herein-
before expressed; and when the valuation of said land shall be
finally determined, as prescribed by this act, then the sum so
deposited with the clerk, or so much thereof as may be necessary
to pay to the land owner or owners such valuation of said land,
with such costs as he or they may recover, shall be paid to such
land owner or owners, and any surplus shall be returned to said
company. In case such deposit is not sufficient to pay off such
valuation and costs, the court shall give judgment to said owner
or owners for the amount of such deficiency, and such judgment
shall be a lien on said lands, having priority over all other liens
placed upon said land by said company or its assigns, and over
any and all conveyances thereof made by said company.
1909— CiiAPTEE 402. 537
Sec. 7. Said company, its successors or assigns shall have the Right to carry
exclusive right to carry and transport passengers and freight over freight^^^^ ^"^
and along said road and its branches, at such rate as said company
may prescribe, subject to such general laws regulating the same
as the General Assembly may from time to time establish ; and
it shall have the right to transport all manner of goods. United
States mail or other property, and make and collect charges there-
for, and to make, fix, charge and collect such tolls for the trans- Tolls
portation of persons and property as it may think necessary, sub-
ject to the general law.
Sec. S. Said company, with the consent of the governing board Public roads and
of the county, city or town, as the case may be, shall have the ^'^ ways-
right and authority to use any public road or highway or street
for the constx'uction or operation of its railroad, cars, poles, lines
or other equipment, under such reasonable regulations as the
authorities controlling said roads, highways or streets, respectively,
shall upon application from the company prescribe.
Sec. 9. The said company may connect or unite its lines with Rights in connec-
those of any other railway company or companies or consolidate companies.
and merge its stock, property and franchises with and into those
of any other railroad company or companies incorporated under
the laws of this State or any other State of the United States
operating or authorized to operate railway lines, upon such terms
and under such name as may be agreed upon between the companies
so uniting or connecting, merging or consolidating ; and the said
company may lease or sell any or all its property, real, personal
or mixed, its contracts and privileges and its charter rights and
franchises to any such other company, upon such terms as may be
agreed upon between them, and may in like manner acquire by
lease or purchase anj' or all of the property, real or personal or
mixed, and all contracts and privileges and the chartered rights
and franchises of any such other company or companies ; and full
power and authority is hereby given to the said company or com-
panies to make and carry out all such contracts as will facilitate
and consummate such consolidation, leases, sales, mergers and
changes of name.
Sec. 10. The board of directors shall, as soon as they deem it Location of works,
practicable, proceed to locate the works of said company, and may
have one or more locations from time to time as they may deem
expedient; and the construction of some of said works shall be Beginning of con-
begun within live years after the ratification of this act. struction.
Sec. 11. That the right of the said company to condemn and Limit on amount
take land in the manner aforesaid shall extend to the condemning dernned!^°"
of a space of sixty (60) feet on either side of its roadbed, meas-
uring from the center of the same, with any necessary additional
width in deep cuts and fillings required by the company for its
roadways, telephone, telegraph and power transmission lines, and
538
1900— C^llAI'TKK 40i>.
Proviso: tele-
graph, telephone
and power lines.
Proviso: yards,
shops and depots.
Petition for
assessment.
Line constructed
in part.
Subscriptions by
counties, town-
ships, cities or
towns.
Petition for elec-
tion.
New registration.
Order for election
Ballots.
all Other lauds necessary for the coustructioii aud operation of its
works, as well as the necessary water, including in the laud and
water thus described water powers, water privileges aud land over-
flowed or submerged with water accunmlated by the company's
dams: Provided, that in the case of telephone, telegraph aud power
transmissicm lines not constructed along its railroad or any branch
thereof, tlie right of condemnation and talking herein granted shall
extend to aud embrace a strip of such width as may be necessary
or desirable in the construction, operation and maintenance of its
said works, not exceeding sixty (60) feet; aud Provided further,
that for yards, shops and depots it may condemn as much land as
may be necessary for such purposes, not to exceed five acres ; and
in all cases where lauds or rights of way have been condemned the
(jwner shall petition for assessment of damages within two years
from the taking and occupation, and not after, except in the case
of legal disabilities, and in that case within two years from the
removal of such disabilities.
Sec. 12. A part of the railway line of said company luay be con-
structed without completing its entii'e line, and the said part may
be operated aud charges may be collected therefor, notwithstanding
the entire line of the company has not been completed.
Sec. 13. That any county, township, city or town along or near
or interested in the line of railroad or any of its branches may
subscribe to the capital stock of the company or for bonds issued
b.v the same, in the following manner : Upon presentation of a
writing, signed by not less than twenty-five freeholders and resident
taxpayers of the township, or not less than fifty freeholders and
resident taxpayers of the city or town or township including a city
or town, or not less than one hundred freeholders and resident tax-
])ayers of the county, as the case may be, to the board of county
commissioners or to the board of aldermen or of town commis-
sioners or other governing authorities of the city or town, as the
case may be, requesting them to submit to the qualified voters of
the county, townshii). city or town where such petitioners may
reside a proposition to subscribe any sum named in said petition
to the capital stock or bonds of said company, the board of county
commissioners of said county, or the board of aldermen, board of
town commissioners or other proper governing authorities, as the
case may be, of said city or town may in their discretion order a
new registration, and shall within thirty days thereafter order an
election to be held in such county, township, city or town to sub-
mit to the qualified voters therein the question of subscribing to
the capital stock or bonds of said company the amount specified
in said petition, at which election all those qualified to vote who are
in favor of such subscription shall vote a ballot on which shall be
written or printed the words "For Subscription." and those op-
posed to such subscription shall vote a ballot on which shall be
1909— Chapter 402. 539
written or printed tlie words "Against Subscription"; and all elee- Law goveminK
tions lield under this section shall be held, if for a county, accord- ^ '^ '
iug to the laws and regulations provided for the election of mem-
bers of the General Assembly, and the returns shall be made to Returns ami tau-
and canvassed by the board of county commissioners, who shall ^^'''''
ascertain and declare the result and make a record of the sauu' :
and if the election shall be held in a township the registrars and
judges of election shall make returns to the board of county com-
missioners, who shall ascertain and declare the result and make
a record of the same; and if the election shall be held for a city or
town it shall be conducted as elections for municipal officers, and
the mayor and board of aldermen, board of town commissioners
or other proper governing municipal authorities, as the case may
be, shall ascertain and declare the result and make a record of the
same. Such elections shall be ordered within ten days after the Time of election.
tiling of such written application, and shall take place at the ex-
piration of forty days from the date of notice of election, which Notice.
said notice shall specify the amount of bonds proposed to be voted
upon, the rate of interest they shall bear and the term or terms
for which they shall run; and the said county commissioners or
municipal authorities, as the case may be, are hereby authorized New registration,
to order a new registration of the qualified voters of said county,
township, city or town for such election, if they deem it neces-
sary.
Sec. 14. That in case a majority of all the qualitied voters in Effect of result.
any county, township, city or town, as the case may be, shall have
voted "For Subscription," the chairman of the board of county
commissioners in all cases of county or township elections, or the
proper nuniicipal authorities in case of city or town elections, shall
be authorized and required to subscribe to the capital stock or
bonds of said company, as the case may be, in behalf of said count.v,
township, city or town, as the case may be, the sum which may
have been moved in the said petition, which subscrii)tion shall be Time of suhscrip-
made within twenty days after the ascertainment of the result of ^°"'
the vote, in coupon bonds in denominations of not less than (mo Subscription in
hundred dollars and not moi*e than one thousand dollars each, r>°',','l^;.;„ot,v„>
which shall run for such number of j^ears and bear such rate of Maturity.
interest as the petition and order of election shall indicate ; and i'^'^^''^^^-
the said bonds shall upon their face indicate on account of what
county, township, city or town they are issued, and be signed, if .Authentication.
issued by a county or townshi]), by the chairman of the board of
county commissioners and by the clerk of said board of county
connuissioners; and if issued by a city or town, by the mayor and
one of the commissioners or aldermen of such city or town or
by the treasurer of such city or town : Provided, hotccver, that Proviso: regu-
after such election has been held and such coupon bonds issued and '^'^"'•^ °^ election.
duly signed, as above provided in the respective cases mentioned.
540
1909— Chapter 402.
Proviso; authen-
tication of cou-
pons.
Representation of
stock.
Special taxes
Collection of taxes,
Investment of
sinking fund.
Proviso: invest-
ment preferred.
Transfer of sub-
scription.
such signatures shall be conclusive evidence of the regularity of
said election in all respects and the validity of said bonds : Pro-
vided further, that the said coupons shall be sufficiently signed
if they contain the engraved or lithographed facsimile, in the case
of county or township, of the chairman of the board of county
commissioners ; or in the case of city or town bonds, of the mayor ;
and in all conventions of stockholders of said company such coun-
ties, townships, cities and towns as may subscribe to the capital
stock shall be represented by one delegate, to be appointed for such
purpose by the corporate authorities of such cities or towns or by
the county commissioners of the respective counties and townships.
Sec. 15. The county authorities in said county voting for sub-
scription or in which there is a township voting for subscription,
or the proper authorities in any city or town voting for subscrip-
tion, who are legally empowered to levy taxes, shall, in order to
provide for payment of the bonds and interest thereon to be issued
under the preceding section, compute and levy each year, at the
time of levying their taxes, sufficient tax upon the property and
polls in said county, township, city or town to pay the interest on
the bonds issued on account of such county, township, city or town,
and shall also levy a sufficient tax to create a sinking fund to
provide for the payment of said bonds at maturity, preserving
in all such levy the constitutional equation of all taxation. The
taxes levied as above provided shall be annually collected as other
taxes and shall be paid by the collecting officer of such county,
township, city or town to the treasurer of the county when the sub-
scription has been made by a county or township, and to the treas-
urer of the city or town when the subscription has been made by
the city or town ; and the taxes levied and collected for these pur-
poses shall be kept distinct from all other taxes and shall be used
for the purposes for which levied or collected, and none other.
The sinking fund shall be invested as may be directed by the board
of commissioners of the county issuing said bonds or in which there
is a township issuing said bonds : Provided, that whenever possible
the sinking fund shall be invested in the purchase of the identical
bonds issued under this act, at a price not exceeding the par value
thereof. In the event that the property, rights and franchises, or
any part thereof, of this company are hereafter acquired under
the provisions of this act by any other corporation, the board of
commissioners of said county making such subscription or in
which there is a township making such subscription, or the proper
authorities of the city or town making such subscription, shall
be and are hereby authorized and required to transfer such sub-
scription to such company as the payee and beneficiary thereof,
and such other company shall stand in the place and stead of this
corporation, and the same relation, privileges and immunities
and rights shall exist between such other companies and such
1909— Chaptek 402. 541
county, township, city or town so subscribing under the provisions
of this act as did exist prior to such sale or transfer to such other
company, as is provided for in this act.
Sec. 16. That for the purpose of this act all the counties, town- Counties, town-
ships, cities or towns through any portion of Avhich the said rail- towns incorpor-
road may pass, or along or near its lines, or at any terminal point ^t^*^-
thereof, or at or near the line of its extensions, its branches,
lateral or connecting roads, or at their terminal points, or which
may be interested in its construction, are hereby declared to be
bodies politic and corporate, and are vested with all the necessary
authority and power to carry out the provisions of this act, and
shall have all the rights and be subject to all the liabilities in
respect to any rights or causes of action growing out of the pro-
visions of this act, and shall have the power and authority by a Power to make
vote of the majority of the qualified voters of the county, town- donations.
ship, city or town to make a donation to said company in bonds,
money or its equivalent in real or personal property, or a subscrip-
tion to its capital stock. The county commissioners of the respec- Corporate agents.
five counties in which are situated the respective townships donat-
ing or subscribing are declared to be the corporate agents of the
townships as incorporated and situated within the limits of the said
counties, respectively.
Sec. 17. It shall be lawful for the said company chartered by Power of company
,, • J. J. . . J. 1 t J , XI . 1- to issue bonds and
this act to issue coupon or registered bonds, or both, m such make mortgages.
denominations and running for such a time and place as the board
of directors may direct, to be sold or hypothecated by the direction
of said company; and to secure payment of the same the company
is authorized to execute a mortgage to such person or corporation
as the company may select, conveying all its real and personal
property, franchises, privileges, including its railways, transmis-
sion lines, telephone lines, power plants and all its other assets
and effects, or, in case the railroad may be divided and built in
sections, which said company is authorized to do, such mortgage
may be placed upon such separate sections or branch lines and in
such manner as the company may elect.
Sec. 18. Every stockholder in the company shall at all meetings stock votes.
or elections be entitled to one vote for every share of stock regis-
tered in his name on the books of the company, and shall be al-
lowed to cast his vote, either in person or by proxy duly author-
ized, in accordance with the rules and regulations prescribed by the
by-laws of the company. The stockholders of the company may By-laws, rules and
enact such by-laws, rules and regulations for the management of regulations, fi
the affairs of the company as they may deem proper or expedient.
Meetings of the stockholders and directors may be held at Greens- Meetings of stock-
boro, in the county of Guilford, where the principal office of the fi°rect"rs!"
company shall be, until the board of directors shall change the Principal office,
location of the principal office to some other town or point ; and
542
1909— CijAi'TER 4:0-2.
Election of
directors.
Term of otfict
President and
vice president.
Vacancies.
Higlit to cross
roads and other
railroads.
Power to liorrow
money and issne
bonds.
Act a pul)lic act.
Evidence of by-
laws and regula-
tions.
Stockholders not
liable for debts of
company.
the said board of directors sliall liave tlie power, witli tlie consent
and approval of a majority of tlie stockholders of said company.
to chanjio the location of the principal office of said company from
time to time.
Si:c. 1!». The board of directors shall he elected from the stock-
holders of said company, and shall consist of not less than three,
and shall be elected at the stockholders' annual meeting, to be held
on such days as the by-laws may direct, and shall continue in
office for the term of one year from and after the date of its elec-
tion and until its successors are elected and qualified; it shall
choose one of its number president and one or more vice presidents :
and in case of death, resiirnation or incapacity of any member of
the board of directors during his term of office, the said board shall
choose his successor for the unexpired term.
Sec. 20. The said company shall have the right, when necessary,
to construct its said road and works across any public road or
other railroad or alongside any other public road : Provided, said
company shall not obstruct any public road without first con.struct-
ing one equally as good and convenient as the one taken by the
company and which has been acceptetl by the board of county
commissioners.
Sec 21. It shall be lawful for the said company to borrow money
and issue and sell its bonds from time to time for such sums and
on such terms as its board of directors may deem expedient and
proper for any of the purposes of the company, and may secure
the payment of said bonds by mortgage or deed of trust upon all
or any portion of its property, real, personal or mixed ; also on all
its franchises, contracts, rights and privileges of every kind ; and
it may, also, as the business of the company shall require, sell,
lease or -in any manner convey and encumber the same or any
part thereof.
Sec. 22. This act shall be deemed and taken to be a public act,
and a copy of any by-laws or regulations of the said company,
under its corporate seal, purporting to be signed by the president,
shall be received as prima facie evidence for and against the said
company in any judicial proceedings.
Sec. 23. That the stockholdei-s of said company, whether cor-
porate or private, shall not he liable for the debts of said com-
pany.
Sec. 24. That all, acts and parts of acts inconsistent herewith
are hereby repealed.
Sec. 25. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 1st day of March, A. D. 1009.
1909— Chaptkr 403—404. 543
CHAPTER 403.
AN ACT RELATIVE TO HUNTING WILD ANIMALS ON
BOGUE BxVNKS. IN CARTERET COUNTY.
The General Assemhly of yorth Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Protection for five
to hunt, kill or capture any wild animal on Bogue Banks, in Car-
teret County, between the points known as "Hoop Pole Creek." on
the east, and "Piney Island Creek," on the west, for a period of
five years from the ratification of this act.
Sec. 2. Any person or persons violating section one of this act Violation of act a
shall be guilty of a misdemeanor, and upon conviction be fined not pv',n^slimem.'^'
less than ten dollars nor more than fifty dollars or imprisoned not
more than thirty days.
Sec. 3. That this act shall be in force from and after Its ratifi-
cation.
Ratified this the 2d day of March. A. D. 1900.
CHAPTER 404.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF HERT-
FORD COUNTY TO LEVY A SPECIAL TAX IN THE YEARS
1909 AND 1910.
The General Assembly of 'North Carolina do enact:
Section 1. That the Board of Commissioners of Hertford County Special tax
l)e and they are hereby authorized and empowered to levy a special
tax on the property and poll in said county during the years one years,
thousand nine hundred and nine and one thousand nine hundred
:ind ten. not exceeding in any one year fifteen cents on the hundred Rate.
dollars valuation of i)roperty and forty-five cents on the poll, ob-
serving the constitutional equation in levying said tax, for the pur- Purpose,
pose of building and repairing bridges in said county and for other
necessary county expenses.
Sec. 2. That said tax shall be levied and collected as other public Levy and collec-
taxes. *'«"•
Sec. :•. This act shall take effect from and after its ratification.
Ratified this the 2d dav of March. A. D. 1909.
544
1909— Chapter 405.
CHAPTER 405.
AN ACT TO AMEND CHAPTER 477, PRIVATE LAWS OF 190.5,
RELATIVE TO WORKING PUBLIC ROADS IN CLEVELAND
COUNTY.
Commutation on
reaching road age
Commutation by
persons moving
into township.
Work in number
two township.
Supervisor to file
itemized account.
Road duty in
number two town-
ship.
Commutation
money.
Proviso: apphca-
tion of act.
The General Assemil]/ of North Carolina do enact:
Section 1. That chapter four hundred and seventy-seven, Pri-
vate Laws of one thousand nine hundred and five, be and the same
is hereby amended by inserting in line eleven of section one
thereof, between the words "year" and "shall," the words "and
shall fail or neglect for a period of ten days therefrom to pay to
the person authorized to receive the same the sum of seventy-five
cents per day for the time required in lieu of road work."
Sec. 2. That said section' one of said chapter four hundred and
seventy-seven be amended by inserting between the word "year," in
line fifteen, and the word "shall," in line sixteen, the words "who
shall fail or neglect for a period of ten days next after such re-
moval to pay to the person authorized to receive the same the sum
of seventy-five cents per day for the time required in lieu of road
work."
Sec. 3. That in prosecuting the work of road improvement in
Number Two Township, in Cleveland County, under the present
law, it shall be the duty of the supervisor to expend, as near as
practicable, on the roads in each precinct of said township the
money collected from the property and polls and the commutation
money from each precinct. Said supervisor, in filing his monthly
reports before the board of county commissioners, as required by
law, shall file a report giving an itemized account of the moneys
expended, including the names of parties to whom paid, the amount
and for what purpose.
Sec. 4. That the county commissioners may at any January
meeting after the ratification of this act make the time for road
hands to work on roads in Number Two Township anywhere from
two to four days, inclusive, in their discretion. The commutation
money to be paid in lieu of road work shall be seventy-five cents
per day in said Township Number Two: Provided, that this act
shall only apply to Number Two Township, in Cleveland County.
Sec 5. All laws and clauses of laws in conflict herewith are
hereby repealed.
Sec. 6. This act shall be in force from and after its ratification.
Ratified this the 2d day of March, A. D. 1909.
1909 — Chapter -tOG— LOT. 545
CHAPTER 406.
AN ACT TO AUTHORIZP] THE COMMISSIONERS OF CLAY
COUNTY TO CALL AN ELECTION FOR THE PURPOSE OF
VOTING ON A BOND ISSUE TO AID IN CONSTRUCTING
THE IIIAWASSEE VALLEY RAILROAD.
The General A-^semhly of Xortli Carolina do enact:
Section 1. That the Board of Commissioners of Chiy County )je call of election
ami are hereby authorized, empowered aud directed to call an aiitliorized.
election in said county, to be held on a date to be fixed by said
commissioners, to vote upon a subscription of not more than fifty Question to be
thousand dollars (.$.".0,000) to aid in-the construction of the Hla- '^'"^^'^ °"-
wassee Valley Railroad : said election to be held under the provi- Law governing
sions i>rovided for in section two thousand live hundred and sixty ^•'^''^ion-
of the Revisal of one thousand nine hundred and five.
Sec. 2. That if a majority of the qualified voters of Clay County i^sue of bonds if
shall vote in favor of the bond issue, said commissioners shall de- ^o'*"'' ^°^-
Clare the result of said election, but shall not issue nor deliver
said bonds to said company until said railroad shall have been
completed to a point within one mile of Ilayesville, in said county,
and trains run upon said road upon scheduled time. Said road Preferred stock
and eiiuipment shall be standard gauge. And said bonds shall not
be delivereil until there is issued and delivered to the said com-
missioners of said county by said railroad an amount equal to the
subscription in preferred stock in said company, fully paid and
nonassessable.
Sec. 3. That the provisions of sections two thousand five hun- Application of
dred and fifty-eight, two thousand five hundred and fifty-nine, two ^*'"^™^ '^^^•
thousand five hundred and sixty, two thousand five hundred and
sixty-one and two thotisand five hundred and sixty-two of the Re-
vi.sai of one thousand nine hundred and five, except as are incon-
sistent herewith, are herel)y incorporated in this act.
Sec. 4. 'i'liat this act shall lie in force from and after its ratifi-
cation.
Ratified this the 2d dav of .Alarcli. A. I). lOOO.
CHAPTER 407.
AN ACT TO BI'ILD BRIIXJES IN HAYWOOD COUNTY.
TJie General Ansemhly of \orfh ('arolina do enact:
Section 1. That the connnissioners of Haywood County are Levy of special
hereby authorized and directed, at their regular meeting in June, ^^ ' ^^^^ ^ '
one thousand nine hundred and nine, aud annuiilly thereafter, as
I'ub. — o."»
546
1909— Chapter 407—408.
Rate.
Purpose.
Bridges to be
built.
long as may be necessary, to levy a special tax of five cents on
each one hundred dollars' ($100) worth of propei'ty situated and
being in the said county of Has^vood and fifteen cents on each poll,
observing ut all times the constitutional equation, for the purpose
of raising funds with which to build and construct the following
bridges across Richland Creeli, Lower Fine Creek and East Fork
of Pigeon River, at the following places, to-wit: one across Rich-
land Creek, at or near the ford of said creek, in front of the resi-
dence of B. F. Smathers, in the town of Wayuesville, and said
bridge shall be as good as the one across Richland Creek on the
street leading from the Southern depot in said town to the Hay-
wood White Sulphur Springs Hotel ; one across Lower Fine Creek,
in Fine's Creek Township, at some "point that the commissioners
and the road superintendent may designate, near the home of Dr.
Graham and near the intersection of Painter's Creek Road with
the Fine's Creek Road ; one across the East Fork of Pigeon River,
in East Fork Township, at some point that maj^ best subserve the
best interests of the traA-eling public in said township, as may be
designated by said board of commissioners.
Sec. 2. That all laws and jDarts of laws coming in conflict with
this act be and the same are hereby repealed.
Sec. .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2d day of :March. A. D. 1909.
CHAPTER 408.
AN ACT TO AID THE WATAUGA RAILWAY COMPANY TO
CONSTRUCT A RAILROAD FROM SOME POINT ON THE
CALDWELL AND NORTHERN RAILROAD, IN THE COUNTY
OF CALDWELL, TO BOONE, IN THE COUNTY OF WA-
TAUGA.
Conditions prece-
dent.
Convicts for con-
struction of road.
The General Assembly of North Carolina do enact:
Section 1. That when there has been a solvent, bona fide sub-
sci'iption by private individuals or municipalities of not less than
forty thousand dollars and a subscription by the county of Wa-
tauga or any other person, firm or corporation of not less than
sixty thousand dollars to the capital stock of the Watauga Rail-
way Company, as provided by chapter four hundred and eleven of
the Private Laws of one thousand nine hundred and five, and the
sum of ten thousand dollars of said subscription shall have been
paid into the treasury of said railway company, it shall be the
duty of the board of directors of the penitentiary of North Caro-
lina, upon the application of the president of said railway com-
1909— Chapter 408. 547
pany, approved by the Governor aud Council of State of the State Approval of
of North Carolina, to turn over to said company convicts not coundL^ '^"
otherwise appropriated, not less than fifty nor more than one hun- Number to be
dred and fifty in number, to be worked in the construction of said f"^'^'^'^®'^-
road, under the charge of sufficient griards and a superintendent,
to be selected by the said board of directors of the North Carolina
penitentiary and subject to the said board of directors and to the
prison rules and regulations adopted and prescribed by the said
board, as far as practicable ; that said convicts be furnished with Safe-keeping and
necessary quarters, tools and implements with which to work, and ™^ii^tenance.
be fed, clothed and maintained by the said board of directors of
said penitentiary until the grading of said railway shall have
been completed ; the payment of such expenses to be made out of
funds appropriated for the support of said penitentiary or out of
moneys or assets otherwise coming or belonging to or standing to
the credit of said North Carolina penitentiary, and the peniten-
tiary board shall fix a fair value for the work done ; and when- Payment tor work-
ever and as often as one thousand dollars shall have been ex- p^ny.^"^ °^ '^°"^"
pended or earned by said board. of directors of said penitentiary
under the provisions of this act it shall be entitled to demand and
receive and said company shall issue and deliver a certificate of
ten shares of one hundred dollars each, made out in the name of
the State of North Carolina, and the State shall become thereby a
stockholder in said company to the extent of said shares, and shall
be entitled to participate in the profits of said company pro rata
with other stockholders, and to be represented and to vote its shares
in all meetings of the stockholders in the same manner as other
stockholders may be entitled to vote, through a proxy to be named
or appointed by the Governor of North Carolina : Provided, that Proviso: fractions
if after completion of said road a fractional part of one thousand °^ stock.
dollars shall have been expended by the said directors of the said
penitentiary, after the issue of the last certificate of ten shares
of stock, a corresponding amount of said capital stock, at its par
value, shall be issued and delivered as aforesaid: Provided fur- ptoviso: credit to
thcr, that upon the delivery of said certificates of stock so issued penitentiary,
to the State Treasurer, credit shall be given to the said board of
directors of the North Carolina penitentiary upon the books of the
State Treasurer for the par value of the shares of stock repre-
sented by such : Provided, that this act shall not interfere with Proviso: work
the provisions of chapters three hundred and sixty and one hun- JJ^f ^^ ^^g'^ffected.
dred and fifty-nine of the Private Laws of one thousand nine hun-
dred and .seven, nor the work undertaken and in progress under
the provisions of said acts.
Sec. 2. All laws and clauses of laws inconsistent or 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 the 2d day of March. A. D. 1900.
548
11)09 CllAl'TKJi 400.
CHAPTER 409.
AX ACT TO AMEND CHAPTER 022 OF THE PUBLIC LAWS
OF 1907, BEING "AN ACT TO AUTHORIZE THE BOARD OF
COMMISSIONERS OF WILSON COUNTY TO ISSUE BONDS."
Preamble. Wbpreus the Board of Commissioners of Wilson County, under
and inirsuant to tlie provisions of chapter nine hundred and
twenty-two of the Public Laws of one thousand nine hundred and
seven, did snlmiit to the voters of Wilson Townshii> the (luestion
as to whether the said township should issue bonds as i)rovided
Preamble. in said chapter ; and whereas at the election held in said Wilson
Township a majority of the voters voted ballots "For Good Roads,"
as will appear by reference to the minutes of the Board of Corn-
Preamble, missioners of Wilson County; and whereas, in comijllance with
the provisions of the said chapter and pursuant to the result of
the .said election, the road commissioners named in said act have
organized, and the b(mds i)rovided for have been duly issued and
the work of improving and macadamizing roads in Wilson Town-
Preamble, ship is now in course of construction : and whereas it is desirable
that the other townships of Wilson County shall have an oppor-
tunity of providing for the permanent improvement of their roads
and of issuing bonds to provide for the same : now, therefore.
Petition for elec-
tion in any town-
ship.
Proviso: contents
of petition.
Proviso: notice of
election.
Law governing
election and
bond issues.
The General As-seiiihli/ of Xortli Cdroliiia do riiaet :
Section 1. That chapter nine hundred and twenty-two of the
Public Laws of one thousand nine hundred and seven be amended
by adding after section fourteen the following, to-wit :
"Sec. 15. That it shall be the duty of the Board of Commission-
ers of Wilson County and they are hereby authorized, empowered
and directed to submit to the qualified voters of any township in
Wilson County- the question as to whether or not said township
shall issue bonds for the purpo.se of gradin.g, macadamizing or
otherwise permanently improving the public roads of said town-
ship, whenever a i)etition is filed with said board of conunission-
ers, signed and acknowledged by not less than one-third of the
(lualified voters residing in said township at the date of the last
election held in said township for the election of members of the
General Assembly: Prorided. the said i>etition shall set forth the
amount of bonds to be voted upon, and shall name fiA-e residents
of said township, who shall constitute the road commission of
said township: Prodded fitrther. that in the notice of the election
called upon said petition the amount of the said bonds proposed
to be issued and the names of the road counnission jjrojtosed to
be established shall be set forth.
"Sec. 16. That whenever an election is called, upon i)etition. as
provided in section fifteen, the same shall be held in accordance
with the provisions of section two and section three of this chap-
jOOi)— ('iiAi'TKK 409—410. • 549
ter. aiul that all pvoceetlintis had for snch township shall lu' as
providod in cbapter nine hundred and twenty-two, l^iblie Laws
of one thousand nine hundred and seven, to the same extent and
with the same effect as if the name of sueh township apiieared in
the original act instead of Wilson Township: Provided, that the
names proposed in said petition as road commissioners of said
township shall be deemed to have been inserted in the ori£;inal
act. in section four thereof."
Sec. 2. That this act shall be in force from and after its ratiti-
cation.
RatiHed this the I'd day of March. A. I). 1!)(»!).
CHAPTER 410.
AX ACT KELATIXG TO THE CONTROL AND MANACiE.MENT
OF AI'TOMOBILES AND OTHER VEHICLES II'ON THE
ROADS AND HIGHWAYS IN EDGECM):\IBE. ROWAN AND
NASH COUNTIES.
The General .issemhli/ of XortJi (Uirolina do enaet:
Section 1. All persons riding on bicycles, tricycles, tandem Rule of the road,
bicycles, locomobiles, automobiles or other motor vehicle shall on
meeting carriages or vehicles keep to the right so far as to leave
two-thirds of the roads free: Provided, hoirevcr, that any person Proviso: rate of
operating a locomobile, automobile, motorcycle or other motor ^'^"^^ ■
vehicle on any jiublie road or highway or in any public place shall
not operate the same at a rate of speed greater than is reasonable
;ind proper, having regard to the use iu common of such highway
or place, or so as to endanger the life or limb of any person; and In business por-
in no event shall such locomobile, automobile, motor cycle or other paufies. "*""'"'
motor vehicle be operated at a greater speed than ten miles an
hour in the business and closely built-up i)ortions of any munici-
pality of or in Edgecombe, Rowan and Nash counties, nor more la other portions
than fifteen miles an hour in the other ])ortions in such munici- °' municipahties.
palities. or not more than twelve miles an hour when passing any in passing persons
person or persons riding or driving, and not more than twenty ^^("|,°^ J.^J^'"^'
miles an hour when not passing any person or persons riding or
driving outside such municipalities in said ccmnties : /*/-o);(>?C(L Proviso: rate on
. , , . , . , ,. T 1 • 1 4. sharp curves and
that at a sharj) curve m any i)ul)hc road or higliway. or at a j-oad crossings.
crossijig of the same, the rate of speed shall not exceed four miles
an hour, which rates of speed in any nmni<ipality in said counties
shall not be diminished nor ]»rohibited liy .iiiy ordinance, rule
or regulati<»n of any such nuinicii)ality. board or other author-
ities, unless the public safety shall require it: Provided, that any Proviso: stops on
person or persons o))erating a locomctbile. automobile, motorcycle '^®^"^^^'
or other motor vehicl(> on any such i)nblic roail or highway, any
jmblic sti'i-ct or place in said counties sliall. .-it rccpicst or on signal
550
1909— Chapter 410.
Proviso: lights to
to be exhiliited.
Brakes and
signals.
Acts declared
misdemeanors.
Punishment.
Application of act
Numbers to be
attached.
Registry of num-
bers.
by putting up the baud from the person riding. leading or driving
a horse or horses or other animals, bring such locomobile, auto-
mobile, motorcycle or other motor vehicle iuunediately to a stop,
and if traveling in the opposite direction shall remain stationary
so long as may be necessary to allow such horse, horses or animals
to pass; and in case such horse or horses or other animals appear
to be frightened, and he is requested to do so, the person operating
such locomobile, automobile, motorcycle or other motor vehicle
shall cause the motor thereof to cease running so long as shall
be necessary to prevent accidents and to insure the safety of per-
sons using such public road, highway or public place, and if
traveling in the same direction use reasonable care and caution in
thereafter passing such horse, horses or other animals, and be
under the same restrictions as are herein provided relating to
stopping at request or on signal by putting up the hand; and
Provided, that such locomobile, automobile, motorcycle or other
vehicle shall during the period from one hour after sunset to one
hour before sunrise exhibit a lamp or lamps showing a white light
or lights for a reasonable distance in the direction towards which
such vehicle is proceeding, and also showing a red light or lights
in the reverse direction, and shall also be provided with and use
at all proper and necessary times a good and sufficient brake and
a suitable bell, horn or other signal ; and no person shall, through
mischief or without reasonable cause, request any person or per-
sons operating a locomobile, automobile, motorcycle or other motor
vehicle or signal him by putting up the hand to stop. If any person
purposely and willfully neglects or refuses to comply with or
violates any of the provisions of this section, or in any other man-
ner willfully hinders or purposely obstructs any person in the
free passage of any such road or highway, he shall be guilty of
a misdemeanor, and on conviction thereof before any justice of
the peace or other court having jurisdiction for every such offense
be fined not more than fifty dollars or imprisoned not more than
thirty days : Provided, this act shall apply only to the counties
of Edgecombe, Rowan and Nash.
Sec. 2. It shall be the duty of the owner or other person operat-
ing a locomobile or automobile in the counties of Edgecombe,
Rowan and Nash to attach to the front and on the rear of any
such locomobile or automobile or other motor vehicle the number
of such machine, in plain letters, so as to easily be read, with a
metal plate attached to or suspended from said vehicle or machine,
and to register the number of said machine with the clerk of the
Superior Court in a book kept for that purpose by him, with the
name or the owner set opposite such number.
Sec. 3. That all laws in conflict with this act be and the same
are hereby in so far as they are in conflict herewith repealed.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March, A. D. 1909.
1909— Chapter 411. 551
CHAPTER 411.
AX ACT TO PROVIDE FOR THE BETTER WORKING OF THE
ROADS IN BEAVER DAM WARD. IN BUNCOMBE COUNTY.
The General Assenibhi of 'Slorth Carolina do enact:
Section 1. That the Board of Commissioners of Buncombe Road bonds to be
, , . , , 1 ^ issued on petition.
County be and they are hereby authorized and empowered, and
it shall be their duty if requested in writing by a majority of the
qualified voters of Beaver Dam Ward, in said county, to issue and
sell the bonds of said ward for the rebuilding, grading, improving,
widening and maintaining in good order the public roads of said
Beaver Dam Ward. Said bonds shall be coupon in form and shall Interest.
bear interest at the rate of six (6) per cent per annum, payable
semiannually, and shall mature at such time or times as said board Maturity.
may determine. The said bonds shall be signed by the chairman Authentication.
of the said board of county commissioners and attested by the clerk
of the said board, and shall bear the county seal of said county.
They shall state upon their face that they are issued for said ward. Payment of pur-
aud the purchase price of said bonds shall be paid to the Treasurer
of Buncombe County, to be disbursed by him as herein provided.
Sec. 2. That the total amount of bonds to be issued for said Limit of amount.
Beaver Dam Ward, in said county, shall not exceed fifteen (15) Special tax levy.
per cent of the assessed valuation of the real and personal prop-
erty in the same at the time said bonds are issued ; and for the
purpose of paying the interest upon said bonds as it becomes due,
and also for the purpose of paying the principal of said bonds as
it becomes due, and for maintaining said roads when rebuilt and
repaired, the board of qounty commissioners of said Buncombe
County are authorized and empowered to levy annually a special
tax upon all property located within said ward for which such
bonds are to be issued, which said tax shall be collected by the collection of tax.
tax collector of said Buncombe County and paid over by him to
the Treasurer of Buncombe County for the purposes herein pro-
vided for. The total tax levied for the first five years, however,
shall not exceed the amount necessary to pay the interest on said Limit of amount.
bonds as aforesaid.
Sec. 3. That if a majority of the qualified voters of said ward Road tax discon-
petition in writing for the issuing of bonds as herein provided for. of'^bond"" '^'*"'^"*^®
and if such bonds are issued, then the board of county commis
sioners of said Buncombe County shall not levy any other special
tax for road purposes upon property within said ward, whether
said tax be now or be hereafter authorized ; and that section two
of chapter four hundred and eleven of the Public Laws of one
thousand nine hundred and three be and the same is hereby re-
pealed, in so far as it will apply to said ward, in whose behalf
the bonds herein authorized are issued.
552
1900— Chaptkk 411,
Beaver Dam high
wav foinmission.
Political affilia-
tions.
Term of office.
Powers and duties.
Commissioners to
give bond.
Surveyor or
engineer.
Organization.
Meetings.
Pay.
Cost of improving
roads.
Sale of bonds
Duties in location
or changes of road.
Entry on lands
for construction
and material.
Sec. 4. That if bonds are issued on belialf of said ward in said
county under tlie provisions of tliis act. tlien there shall be ap-
pointed by the board of county commissioners of said county for
said wtird a Betn-er Dam highwtiy commission, to consist of three
members, not more than two of whom shall belong to any one
jiolitical party. Said BeaA-er Dam highway c(mimission shall hold
oftice until all the proceeds of said bonds shall have been used
in grading. rer>airing and improving the roads of said ward as
aforesaid. The members of said Beaver Dam highway commission
shall have complete charge and supervision of said work. They
nuiy let the work of improving said roads to contract to the lowest
bidder, after advertising for bidders, or they may purchase the
necessary equipment and machinery ;ind employ comjietent persons
to do the work under their own supervision. They shall each give
bond in the sum of two thousand dollars for the faithful perform-
ance of their duties, said bonds to be payable to the State of
North Carolina, and shall be approved by the board of county
commissioners of said county. They shall have control of the pay-
ment of proceeds of said bonds and shall approve all accounts for
work on said roads, and the treasurer shall pay all vouchers and
warrants issued by said highwa.v commission for the purposes
herein provided. Said highway commission shall employ a com-
petent suyveyor or engineer, who shall, under the direction of the
highway commission, lay off said roads and make and prepare
l»roper specifications, and said roads shall be built and improved
in accordance with said specifications. Said highway commission
shall appoint a chairman and secretary and shall keep a record
of their proceedings. They may meet on the first Monday in
each month during the progress of the, work, and may adjourn
from day to day, but shall not be in session longer than three
da.vs in any one month. They shall be allowed two dollars per
day for their services for each day actuall.v engaged, which shall
be paid out of the proceeds of said bonds. All the cost and ex-
pense attendant to improving the roads of said ward shall be paid
out of the proceeds of the bonds issued as aforesaid. The bonds
authorized by section one of this act shall he sold as the said
highway commission ma.v demand of the board of county com-
missioners.
Sec. 5. That said hi,ghwa,y commission, when organized, may
and it shall be their duty to locate, relocate, widen, grade or
otherwise change any public road or any part of the same, or
cause the same to be done, when in their judgment such location,
relocation or change as aforesaid is necessary, and for said pur-
poses they shall have the power and authority to employ all neces-
sary labor and to fix the compensation of the same, and to buy
all materials and machiner.v that may be necessary; and they are
authorized to enter upon lauds of any person situated in said
1909 — Chapter 411. 553
F.eaver Dam Ward and to proceed to open, build and coiistnu-t or
change or widen any public road or any part thereof; and they
may use stone, earth, timber or any other necessary material
contiguous or near to said road to be used in opening, constructing,
changing and working the same ; that when any person or persons claims for dam-
over whose land any old or new road or part of which is to be '^^^^^
located, relocated, widened, changed or extended claims damages
therefor in excess of what the highway commission may deem just
and offer to pav. and shall within thirty days petition said high- Procedure for
. . " . . ^ ^11 J-, ■ 1 1 • 1 assessment of
way commission tor a jury to assess the damages, the said highway damages.
commission shall within not less than fifteen nor more than sixty
days after the completion of said road order a jury of five free-
holders, residents of said ward, none of whom shall be related to
the person claiming damages, to be summoned by the sheriff of
the county, after three days' notice to tlie owners and to the
members of tlie highway commission, to meet and assess the dam-
ages which may be sustained by the owner of the land, wliich said
jury, after being duly sworn to impartially assess the damages,
shall proceed to assess the same and make their report to the
next regular or called meeting of the said highway commission.
The said jury, in considering the question of damages, shall take
into consideration the benefits to the owner of the land by such
road or change in the same, and if the said benefits be considered
equal with the damages sustained, then the jury shall so declare,
but if the damages shall exceed the benefits they shall declare
the amount thereof. In case the owner or the highway commis- Right of appeal,
sion shall be dissatisfied with the finding of the jury, such dis-
satisfied ]tarty may appeal to the Superior ('ourt of Buncombe
County, and the same shall be heard dc iioro; but before the same Bond on appeal.
is heard the judge may in his discretion require either party to
give bond after the appeal is docketed in the Superior Court. The ward defined.
term "ward" in this act shall be construed as Beaver Dam voting
Itrecinct.
Skc. (!. That the taxes derived from the property in said ward, .Appropriation of
as provided for in section two of this act, shall be used to pay P''^^*''''''' °^ '^x.
the interest on the bonds and the principal when it matures, and
the maintaining and keeping in good rej)air the roads of said ward
on whose behalf the bonds provided for in this act may be issued.
The interest and principal and cost of maintaining and repairing
sjiid roads shall be paid by the Treasurer of Buncombe County
upon the order of the board of county commissioners.
Si:c. 7. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2(1 (hiy of March. A. D. 1 !»()!>.
554
1909— Chapter 4:12.
CHAPTER 412.
AN ACT AUTHORIZING THE COMMISSIONERS OF GREENE
COUNTY TO ISSUE BONDS TO PAY ITS PRESENT FLOAT-
ING INDEBTEDNESS.
Purpose of issue.
Bond issue
authorized.
Amount.
Denominations.
Maturity.
Interest.
Bonds not to be
sold below par.
Sale of bonds.
Specific appro-
priation of pro-
ceeds.
Separate accounts,
Commission of
treasurer.
Special tax.
The General Assemhly of North Carolina do enact:
Section 1. That for the purpose of paying the outstandiug float-
ing inclebteduess of the county of Greene, the board of commis-
sioners of said county of Greene is hereby authorized to issue
coupon bonds of the said county to an amount not exceeding thirty
thousand dollars and to be in denominations of not less than one
hundred nor more than one thousand dollars. The said bonds
shall be payable as follows, to-wit : two thousand dollars on the
first day of December, one thousand nine hundred and ten, and
two thousand dollars biennially thereafter until the whole issue
is paid, and shall bear interest from their date until maturity,
at a rate not greater than six per cent per annum, payable an-
nually on tlie first day of December in each year ; the said annual
payments to be represented by coupons attached to each of the
said bonds and to be identified by proper numbers and such
other jneans as said board may determine.
Sec. 2. No bonds issued under the provisions of this act shall be
sold or disposed of otherwise for less than par and accrued in-
terest. Said board of commissioners is hereby authorized to sell
or dispose of the said bonds either at public or private sale, as
to them may seem best, and in case they sell the same at public
sale they shall give notice thereof in one or more newspapers
published in Greene County for at least thirty days, and the said
board of commissioners may also advertise the sale of the said
bonds in one or more newspapers published within or without
the State which make a biisiness of advertising such sales.
Sec 3. That the proceeds arising from the sale of the bonds is-
sued under the provisions of this act shall constitute a separate
and distinct fund, to be applied and appropriated to the payment
of the said outstanding indebtedness incurred for necessary ex-
penses of the county; and the said board of commissioners shall
cause the treasurer or disbursing officer acting in place of treas-
urer in said county to keep separate accounts of the said funds,
so that the condition of the same may at all times be shown.
Sec. 4. That the treasurer or officer performing the duties of
treasurer of said county shall be allowed for disbursing the said
bonds an amount not to exceed a per centum to be fixed by the
board of commissioners of said county and by them allowed.
Sec. 5. That in order to pay the interest on said bonds as it
may accrue and the principal thereof as it may mature, the board
of commissioners of said county may annually levy a special tax
1909— Chapter 412—413. 555
sufficient to meet these demands. The said tax shall be levied Levy aiui coiiec-
and collected as other county taxes are levied and collected, and
shall be imposed upon such property, polls and other subjects of
taxation as are now or may hereafter be subject to taxation under
the laws of the State, and it shall he collected by the officer or
officers charged with the collection of other county taxes, and
who shall in respect thereto be liable officially as well as per-
sonally to all the requirements of law now prescribed or which
may hereafter be prescribed for the faithful collection and pay-
ment of other taxes.
Sec. 6. That immediately upon the sale of the bonds, as herein Call and payment
provided, the board of commissioners of said county are permitted indebtedness."
to advertise and call in all present outstanding indebtedness of
the county and pay the same out of the proceeds of the said sale.
Any person holding any outstanding indebtedness and refusing to
produce the same for payment shall not receive any interest
thereon from and after the time fixed in such notice for present-
ing same.
Sec. 7. That the purchaser or holder of any part of said bonds Responsibility of
tT€'3.'^ur8r
shall not be required to see to the application of the proceeds of
the same.
Sec. S. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March. A. D. 1909.
CHAPTER 413.
AX ACT TO AMEND SECTION 1318 OF THE REVISAL OF
1905, RELATIVE TO COUNTY BUILDINGS.
The General Assembly of NortJi Carolina do enact:
Section 1. That subsection twenty-six of section one thousand Proviso: no con-
... ,. , ^ . , . , . , . tract to be made
three hundred and eighteen ot the Revisal ot one thousand nine until bids adver-
hundred and five be and is hereby amended by adding to said sub- ^'''^'^ ^°'^-
section twenty-six, at the end thereof, the following : "ProvMled,
no contract for the erection, alteration or repair of any county
building shall be made until after advertisement for bids shall have
been made at the courthouse door and also in the newspaper of
largest circulation in the county for at least thirty days."
Sec. 2. That the resolution of the board of commissioners for Resolution for
the county of Tyrrell, at its regular session in February, one thou- rescinded" °" ^
sand nine hundred and nine, authorizing the issuance of bonds
for the erection of a jail, and all propositions and agreements there-
under, are hereby abrogated and annulled, and that no payments
shall be made or taxes levied in consideration of anything to be
done under the authority of said resolution.
556
1900— ChiAPTEK 413—414.
Commissioners to
contract for jail,
issue bonds and
levy tax.
Proviso: contract
with lowest
bidder.
Proviso: contracts
subject to
approval.
Special coniiiiis-
siotters.
Term of office.
Application of act.
Sec. 3. Thiit the board of commissioners for the county of Tyr-
rell are authorized to euter into a contract or contracts for the
erecting, altering or repairing of a jail or other public buildings
and to issue bonds and to levy taxes for the payment of the same :
Provided, that such contract or contracts shall be made with the
person or corporation offering to perform such contract or contracts
for the lowest sum. after advertisement as provided in section one
hereof: Proridcd further, that no such contract or contracts shall
be made by the said board of commissioners for the county of
Tyrrell unless approved by a majority of a commi.ssiou consisting
of W. W. Sawyer, G. W. Bateman, B. F. Duncan, J. P. Alexander
and G. L. Liverman, who are hereby appointed as such, and whose
term of ottice shall confine until the first day of February, one
thousand nine hundred and eleven.
Sec. 4. That all laws in conflict with this act are hereby re-
pealed.
Sec 5. That this act shall only apply to Tyrrell County.
Sec. G. That this act shall take effect from and after its ratifica-
tion.
Katified this the 2d day of March. A. D. l!)On.
CHAPTER 414.
AN ACT RELATING TO THE LABOR OF CONVICTS ON THE
COUNTY FARM OF WARREN COI'NTY.
Judges to sentence
convicts to labor
on farm.
Justices to sen-
tence convicts to
labor on farm.
Crimes excepted.
Length of term.
T/(C General Assemhhj of 'Sorfh Carolina do enact:
Section 1. That it shall be lawful for and the duty of the judges
of the Superior Courts of the State holding said courts in Warren
County to sentence all criminals convicted of crime in the Superior
Courts of said county to labor upon the county farm of Warren
County instead of sentencing said convicted persons to the common
jail of said county or to the penitentiary.
SeC. 2. That it shall be lawful for and the duty of all justices
of the peace in Warren County to sentence all criminals con-
victed of crime before them to labor upon the county farm of
Wan-en County instead of sentencing said criminals to the common
jail of said county.
Sec 3. That this act shall not apply to the crime of murder,
manslaughter, rape, attempt to commit rape, burglary, arson,
perjury or forgery or any other felony.
Sec 4. That only such convicts as may be sentenced for two
vears or less shall be sentenced to serve on said farm.
1909 — CiiAi'TEK 414—415. 557
Sec. 5. That all persons seuteueed for the iioupaymeut of costs ^york for payment
in any criminal action or proceedinij; shall be sentenced to labor on
said farm instead of being contined in the common jail of Warren
County.
Sec. 6. That nothing in this act shall prevent the suspension Suspeii^^ion of
of judgment when the same is deemed proper by said judge qi- J"' *5"'^"'-
justice of the peace.
Sec. 7. This act shall be in force from the day of ratitication.
Ratified this the 2d day of March, A. D. 1001).
CHAPTER 415.
AX ACT TO PROVIDE A BETTER SYSTE.AI OF WORKING
THE PI'BLIC ROADS OF CHEROKEE COUNTY.
The General Asscmhly of Xorth Carolina do enact:
Section 1. That the county commissioners of Cherokee County Supervisors for
shall, at their regular meeting on the first Monday in March, one ghoafcreek^Notla
thousand nine hundred and nine, and annually thereafter, elect and Hot House
townships.
three discreet persons who ai'e of road duty as road supervisors
in the townships of Beaver Dam, Shoal Creek, Notla and Hot
House, who shall be incorporated, constituted and styled "the board incorporation.
of township supei'visors of public roads" of said township: -P''o- proviso, applica-
vided. this act shall apply to Murijhv Township after May first. 'io» to Murphy
^ ^ • ' ' ^ "^ township.
<me thousand nine hundred and ten, if the special election to be
held in said township on said date does carry in favor of repetiling
said law; and Provided further, that section thirteen of this act
shall now apply to said Murphy Township.
Sec. 2. That said board of supervisors shall meet at some con- Meetings of super-
venient place in their respective townships on the first Monday in ^''^°'"^-
May, one thousand nine hundred and nine, and mi the first Mon-
day in September, one thousand nine hundred and nine, and an-
nually thereafter on said dates above mentioned, and hold such
other meetings as they may deem necessary. They shall on first Organization,
meeting elect from their body a chairman and clerk, and the chair-
man shall preside at each meeting, tniless otherwise ordered by
said board, and the clerk shall keep a record of all the proceedings
and papers of the board and issue all orders.
Sec. 3. They shall at said first meeting, and as often thereafter Division of roads
as may be necessary, divide the i)ublic roads of their township ' •
into sections and appoint an overseer for each section and assign .Appointment of
hands to work said section, under the direction of the road over- allotment of
seers. Said board of supervisors shall classify the public roads of l',f "!';*«,..,,;„„ ,,f
said towushi]) as first, second and third class roads. First class roads.
558 1909— Chapter 415.
roads shall be sixteen feet wide ; second class, twelve feet wide,
and third class, ten feet wide, except in case of solid rock, then
each class may be two feet narrower.
Public roads Sec. 4. All roads that have been laid out by the county com-
missioners or hereafter laid out by them are hereby declared public
roads of said townships.
Duties of over- Sec. 5. That each overseer shall kec]) his section of road in good
S66rS
repair, clear of all obstructions and well drained, and he shall
keep the bridges on his section in good repair, except those kept
up by the county commissioners, and he shall also provide foot-
Failure or refusal ways across streams in his section ; and any overseer who shall fail
mealio?. ^ ™^^'^^' or refuse to serve, after being appointed and receiving notice of
same, or work the said section as required by this act, shall be
Punishment. guilty of a misdemeanor, and on conviction shall be fined not less
than five nor more than ten dollars or imprisoned not more than
ten days.
Persons subject to Sec. 6. All able-bodied males of the age of eighteen and under
" ^' forty-five years of age residing in the county or township and
not liaving paid or worked out his time on other roads shall be
subject and required to work on the public roads, except those
released by the county commissioners on account of infirmity :
Proviso: substi- Provided, that if any hand shall furnish an able-bodied substitute
tion.°^ commu a- ^^ gjigu pay to the overseer one dollar per day for each day he is
warned to work, on or before twelve o'clock of the last day required
to work by the overseer, then in either case as above stated he
shall be excused.
Limits of road Sec. 7. No person shall be required to work on the public roads
" ^' in the township mentioned in this act more than eight days in any
one year nor less than six days, except by washouts or other
providential causes, nor more than three days in succession, and
at least fifteen days shall intervene between each working, unless
damaged by storm or otherwise.
Warning hands. Sec. S. The overseer shall warn each hand at least two days
before each working by personal or written notice, stating the time,
place, kind or tool and number of days required to work. "Written
notice left at the place of residence shall constitute legal notice.
Day's work. Eight hours shall constitute a day's work. Any person, after being
Failure to appear, duly warned and fails to appear in person or furnish an able-
or ^enTsubsUtut^ bodied substitute or pay the one dollar for each day as aforesaid.
a misdemeanor. shall be guilty of a misdemeanor, and on conviction shall pay two
Pumshment. !^ ^ , „ ,
dollars and all costs for each day he failed to work, or shall be
Overseer to prose- imprisoned not more than ten nor less than five days. It shall
be the duty of the overseer to prosecute all persons who fail to
work or comply with the requirements stated in this act at once
after said road working.
Commutation ggc. 9. All moneys collected by overseers in lieu of work shall be
expended by them for the improvement of their section of road by
employing laborers at once after receiving same, and if not ex-
1909 — Chapter 415. 559
peuded during his time as such overseer he shall turn over all such
moneys to his successor, to be expended on said section. The
penalty for failing so to do shall be five dollars for each offense,
the same being a misdemeanor.
Sec. 10. Overseers shall cause their road to be measured and Signboards,
signboards to be placed at the forks and crossings of all roads,
showing the distance in miles to the most important places to which
they lead.
Sec. 11. Each overseer shall make a written report to the road Reports of over-
supervisors at each regular meeting of said board, stating the
number of days he has worked his road since the last meeting of
said board and the number of days worked by each hand, giving
names of delinquents and amount of money received and expended,
and the names prosecuted and the number of days worked by each
hand. It shall be the duty of the board to prosecute all overseers Board to prose-
and hands by having a warrant issued and put such person or per- '^^^*'®'
sons on trial. Said reports shall be signed and sworn to before
some person qualified to administer oaths.
Sec. 12. Any overseer may resign at the end of one year from Overseer may
rGsisn
his appointment : Provided, his road is in good repair and the proviso: road in
board of supervisors shall so find : and if such resignation shall be sood repair.
accepted such overseer shall not he required to serve again within
two yeai-s.
Sec. 13. Any person, company or firm operating any sawmill. Road duty of
lumber yard or other work by hauling logs, lumber or other ma- lumber or mate-
terial over said roads or bridges, the overseer of each section of "^'•
road shall give a written notice to such person, company or firm,
contractor, agent or employee (each two or four horse or ox wagon
to equal a road hand) to meet him, giving the time and place and
the number of days he works, or pay fifty cents per month for
eacli two horse or. ox wagon operated by him ; and if such person, Failure to dis-
company, firm, contractor, agent or employee fail to appear and ^sdemeanor^
work or pay fifty cents per month, the same shall be a misdemeanor
and fined two dollars and all costs for each day he failed to work: Punishment.
Provided, this shall not apply to logs or lumber hauled ffom points Proviso: lumber
without Cherokee County into or through said county. county"^^'^^ °^
Sec. 14. All orders of the board of supervisors shall be served by Service of orders
the township constable or other lawful officers within ten days °* supervisors,
from the receipt of same. The clerk of said board shall deliver
said notices of the appointment of the over.seer to said officer within
three days from said meetings of the supervisors. Said orders
shall be served by delivering a copy to the person or by leaving
it at his place of abode : Provided, hoicever, that if any member
of the board shall deliver a notice to any person the same shall
constitute a legal notice. Said board shall have the right to depute
some one to serve all their notices. The county shall pay all costs Cost of service,
of serving such orders and notices, and the fee for serving same Fee.
shall not be more than thirty cents for each order or notice.
)60
I'JOU CliAl'TKK 4 IT).
Inspections and
reports on roads.
Supervisor or
overseer failing in
duty guilty of
misdemeanor.
Punishment.
Entry on lands
for material.
Ditches.
Powers under
general law.
Cartways, church
and mill roads.
Special tax.
Proviso: special
tax only levied on
petition.
Proviso: section
applies to any
township.
Roads may be let
to contract.
Sec. 15. The board of supervisors shall insptn-t the roads of their
towuship before the term of each Sujierior Court lield in the county
of Cherokee, and shall report the condition of each section, with
the name of overseer, to the solicitor of said court, whose dut.v it
shall be to prosecute. Any supervisor or overseer failing to per-
form his duty shall be j?nilty of a misdemeanor, and under this
section be fined or Imprisoned at the discTetion of the court.
Sec. 16. Overseers for the repairing of roads are authorized to
enter upon any uncultivated land near or ad.1oining such road, to
cut such brush and timber as may be necessary to repair his road,
also earth and stone, except trees left in .groves and imijroved
lands for benefit and ornamental i)urposes. and to make such
ditches as may be necessary to drain his road, doing as little in-
jury to said land as i»ossible : Provided, the owner of the land may
change any ditch if it does not injure the road.
Sec. 17. All powers vested in the board of county commissioners
by virtue of chapter fifty of The Code and chapter one hundred
and seventy-six, Laws of one thousand nine hundred and three,
shall be retained by them and made a part of this act. The board
of supervisors shall have authority to lay out cartways, church
and mill roads and discontinue same in the manner provided in
sections two thousand and twenty-three, two thousand and fifty-
six, two thousand and sixty-three and two thousand and sixty-
four of The Code, as contained in chapter one hundred and seventy-
six (road law of Cherokee County), and the same are made a
part of this act.
Sec. is. The count.v commissioners of Cherokee County may and
are hereby authorized to levy a special tax. annually, of not less
than five cents nor more than twenty-five cents on each one hun-
dred dollars' worth of property and not less than fifteen cents nor
more than seventy-five cents on each taxable poll, for road and
bridge purposes, to be applied on said roads in each township as
the l)oard of county commissioners may deem best, each township to
receive all the money it pays and to be kept separately to the
credit of said townships mentioned in this act : Provided further,
that special tax may only be levied in such townships as may ask
for the same by a petition containing a majority of the votes of
said township: Provided, that any one of the townships in said
county may avail itself of the provisions of this section.
Sec. 19. The count.v commissioners may let the contract to the
lowest and best bidder any roitd or part of road under this act.
taking bond, with good security, for the faithful ])erformance of
same. All contracts must be faithfully carried out, according to
plans and specifications of the conmiissioners. before pa.ving for
same, under a penalty of not more than fifty dollars for each of-
fense, as the same is hereby made a misdemeanor.
1909— Chapter 415—416. 561
Sec. 20. The county treasurer shall keep the money collected by Moneys to be kept
this act separate and apart from all moneys in his hands, to be separate,
paid out only on orders of the commissioners. This money must
be kept to the credit of each township having same.
Sec. 21. The county commissioners are authorized to pay the Pay of super-
supervisors one dollar per day for the time necessarily engaged in '^^^°^^-
the discharge of their duties : Provided, this act does not exempt Proviso: super-
„ , . ,, -, rn, , visors iiot exempt
any road supervisor from workmg on the roads. They may also fro,,, j-oad duty.
pay the road overseer one dollar per day for each report required ^^^ '^'^ overseer.
to be made to the supervisors.
Sec. 22. That the Secretary of State shall cause to be published Secretary of State
and furnished to the Register of Deeds of Cherokee County two o? act"'^ copies
hundred copies of this act, on or before the first Monday in March,
one thousand nine hundred and nine, for the use of the supervisors
and overseers.
Sec 23. That this act shall apply only to Cherokee County. Application of act.
Sec. 24. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec 25. That this act shall be in force and effect from and after when act
the first Monday in April, one thousand nine hundred and nine. eftective.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 416.
AN ACT TO PROVIDE A BETTER SYSTEM FOR WORKING
THE PUBLIC ROADS IN CLAY COUNTY.
The Oeneral Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Clay County commis-
County, in their corporate capacity, shall have full control of the contToi o° roads.
public roads of the said county, and for that purpose shall be
known and styled as the "board of road supervisors."
Sec 2. That the board of county commissioners shall hold two Regular meetings
regular meetings in each year to perform the public-road business ° ^ ^' "'''"^ "•
of the county, one meeting to be held at the regular May meeting
of the said board and the other to be held at the regular September
meeting of said board : Provided, that the board of county com- Road business at
missioners may perform road business at any of their regular ^^^" ^^ ''^'^^ '"^^"
meetings.
Sec 3. That the chairman of the board of county commissioners chairman and
shall be the chairman of the board of road supervisors, and that '^^'*^'"'^-
the register of deeds shall be styled the "clerk ex officio" of said
board, whose duty it shall be to keep the books and papers of the Duty of clerk.
said board and keep a true record of all proceedings of said board
in a book furnished for that purpose.
Pub.— 36
562
1909— Chapter 416.
Meetings of jus-
tices for classifica-
tion and division
of roads.
Appointment of
overseers.
Allotment of
hands.
Proviso; public
roads.
Classification of
roads.
Pay of justices.
Appointment of
township super-
visors.
Term.
Duty and power
of supervisor.
Proviso: limit of
road duty.
Proviso: failure of
overseer a misde-
meanor.
Punislmient.
Proviso: hands to
be hired.
Proviso: pay of
hands.
Reports of super-
visors.
Sec. 4. That the justices of the peace in each township of said
county shall meet at some place agreed upon by them in their
respective townships on the first Saturday in May, one thousand
nine liundred and nine, and annually thereafter, to classify all
the public roads, as hereafter provided, and lay out all public roads
into convenient lots or divisions, and at the same time appoint
overseers for the said several road divisions and allot them to
each overseer, giving him the name of all the hands to be worked
by him, together with the boundary to be worked : Provided, that
for the purpose of this act all roads that shall have heretofore
been laid out by the board of county commissioners or worked
by their order shall be considered public roads and shall be classed
as first, second and third class roads. First class roads shall be
sixteen feet wide ; second class roads shall be twelve feet wide,
and third ^class roads shall be ten feet wide, except in case of solid
rock, in which case each may be two feet narrower ; all roads to
be kept clear of stumps and runners and ditched on one side,
so as to carry off: the water, where the overseers think it necessary
to do so. Said justices of the peace shall be paid one dollar each
for their services out of the road fund for said toAvuship.
Sec. 5. That there shall be a road supervisor appointed for each
township in said county, said road supervisor to be appointed by
the board of county commissioners at their regular May meeting
in each year, to serve for a term of one year.
Sec. 6. It shall be the duty of the said road supervisor to go
over and inspect all the roads in his township at least twice a
.vear, and to make any and all other inspections of said roads
ordered by the board of road supervisors ; that said road super-
visors shall have the power in their section or township to order
any road overseer to work out his section of the road whenever
he may deem it necessary: Provided, that no road subject shall
be required to work a greater number of days in each year than is
hereinafter set forth : Provided further, that any overseer fail-
ing to comply with said order when he has hands subject to work,
after having been duly notified for three days prior to said work-
ing, shall be guilty of a misdemeanor, and shall upon conviction be
fined ten dollars : Provided further, that if the hands on said road
shall have worked the time hereinafter prescribed for a year's
work in that year, then the road supervisor shall report such facts
to the board of road supervisors at the next meeting of the board
of county commissioners, and it shall be their duty in such case
to instruct said road supervisor making complaint to hire hands
to repair said road which is in need of repair : Provided, that
each hand so hired shall receive one dollar per day for the work
so done. It shall be the duty of the road supervisors in each
township to make a full and complete report of the condition of
the roads examined by them, together with the time worked by
1909 — Chapter 416. 563
each overseer and road subject, to the board of road supervisors
twice each year, to-wit, the first Monday in June and the first
Monday in December, which report shall be under oath : Provided, Proviso: pay of
that the road supervisors in each township shall receive the sum ^^^P^i"^ '^o^^-
of one dollar and fifty cents per day for the time actually engaged
in said duties, which service shall be paid from the road fund due
said township.
Sec. 7. That each overseer shall have power to work the hands Road duty.
allotted to him on his said section of road, and it shall be his
duty to work them five days in each year. The overseer shall warn warning.
each hand two days before each working, by personal or written
notice, stating the time, place, tool and the length of time to be
worked : Provided, that the leaving of a written notice at the Proviso: written
place of residence of any hand shall constitute a legal summons : "^o^ice.
Provided further, that any hand shall furnish a good, able-bodied Proviso: subsii-
substitute or pay the overseer the sum of one dollar for each day [f^^ °^ commuta-
to be worked within ten days from date of notice, and on failure Penalty for fail-
to comply with this provision said hand shall be fined two dollars u''^-
for each day that he was notified to work or furnish a substitute
to perform said work or imprisoned not more than thirty days.
That it shall be the duty of each overseer to make a written re- Reports of over-
port to the road supervisor of his township twice a year, to-wit, seers.
on the first Monday in May and first Monday in December, setting
forth the amount of time worked by each hand, the different times
for which the men have been warned to work, the name and
amount of time which any person has failed to work, pay or furnish
a hand, together with a statement of the condition of his section
of road at the time of said report; that each overseer shall be instructions for
governed by the instructions of the road supervisor of his town- ^o^^^-
ship as to the manner and place of work : Provided, that if the
said supervisor fails to give instructions for same the overseer will
use his own judgment and worli when and where he deems it most
needed.
Sec. 8. That all male persons between the ages of eighteen and Persons subject to
forty-five years shall be required to work the public roads as here- ™^ " ^'
tofore provided: Provided, that the county commissioners may ex-
cuse anyone for infirmity.
Sec. n. That in the case of washouts or the roads becoming im- Warning for emer-
passable the two days' notice will not be required, and upon receipt ^^"'^^ ""•" •
of summons of his overseer shall respond promptly. Said hands
will not be required to perform more than two days of extra work :
Provided further, that said overseer shall work said road hands Proviso: location
as near to their respective homes as practicable, and never out- ° ^°^ '
side of their section.
Sec. 10. That under this act nine hours will constitute a day's Day's work.
labor.
564
1909— Chapter 416.
Removal.
Residence defined.
Failure of road
supervisor to per-
form duty a mis-
demeanor.
Punishment.
Reports to
solicitor.
Proviso: juris-
diction.
Service required of
overseer.
Proviso: payment
for refusal to act.
Execution of
orders.
Establishment
and alteration of
roads.
Principal high-
ways.
Location by
engineer.
Pay of engineer.
Sec. 11. That in case any person shall remove from any town-
ship or district to another, who has prior to removal performed
a part or the whole of the labor for which he is liable for the
current year, he shall only be required to perform the amount of
labor for which he was liable in the township or district from
which he removed, and the certificate of the overseer of the sec-
tion on which he worked shall be conclusive as to the number of
days worked by him before his removal.
Sec. 12. That for the purpose of this act tlie residence of any
person who has a family shall be held to be where his family
resides, and the residence of any other person shall be where he
boards in any road district in the county.
Sec. 13. That the board of road supervisors or any member
thereof, or the road supervisors of the different townships or any
overseer who shall fail to dischai'ge the duties herein required of
him or them shall be guilty of a misdemeanor, and upon convic-
tion shall be fined not less than five dollars and not more than
fifty dollars for each and every offense, or imprisoned at the dis-
cretion of the court.
Sec. 14. That the board of road supervisors shall lay before the
solicitor of the district a report of all persons failing to discharge
duties required of them by this act, and it shall be the duty of
the solicitor to prosecute such persons : Provided, that nothing
herein shall be construed to give jurisdiction to the Superior Court
which otherwise would have been within the jurisdiction of the
justice of the peace.
Sec. 15. That all overseers shall serve one year from the date
of their appointment, and that no overseer shall be required to
serve more than one year in succession : Provided, that any person
may refuse to act as overseer or as road supervisor upon the pay-
ment to the board of county commissioners the sum of ten dollars,
which shall go to the general road fund of the county.
Sec. 16. That the sheriff and constable shall execute all orders
of the board of road supervisors, and shall be paid by the county
for the same as the sheriff is now paid.
Sec. 17. That the board of county commissioners shall have
power to establish, alter or discontinue any public roads in said
county, as heretofore provided in The Code.
Sec. 18. That the principal highways or public roads of said
county to be improved or constructed in accordance with the pro-
visions of this act may be carefully surveyed or located by an
engineer or surveyor trained and experienced in such work, aided
by the township supervisor in the township where the work is to
be done, and other assistance as may be deemed necessary, to be
paid out of the road fund of said county. The board of county
commissioners shall fix the amount paid said surveyor and as-
sistants per day.
1909— CHArTER 416. 565
Sec. 19. That the couuty commissiouers of Clay County shall Road tax to be
levy a road tax of not less than ten nor more than twenty-five Rate,
cents on the one hundred dollars' worth of property, which tax Collection.
shall be collected as other taxes and paid to the county treasurer,
to be used on the public roads of the county by order of the board Specific appro-
of couuty commissiouers in paying the road supervisors and hands ^^^^ '°"'
hired to do extra work on the roads, building or repairing foot-
bridges, building bridges and buyiug tools for the roads, iu the
discretion of the board of couuty commissiouers: Provided, that Proviso: material
all the material and tools furnished to any overseer or township ^ tools,
supervisor under the provisions of this act shall be placed in the
hands of said overseer or supervisor for safe-keeping, and that any Use of tools or
overseer or supervisor who shall allow any tools or material so ^rtva"!^ purpose a
placed in his hands to be used for private purposes shall be guilty misdemeanor.
of a misdemeanor and dealt with as hereinbefore provided. Punishment.
Sec. 20. That if any township or townships desire a special tax Petition for special
in addition to the amount levied by the county commissiouers as township tax.
general couuty fund, the said commissiouers are hereby empowered
and shall, upon the petition of one-half of the qualified voters of
any township in Clay County, submit to the voters of said town-
ship so petitioning the question. Those favoring the additional Tickets,
tax shall vote a ticket upon which shall be written "For an Ad-
ditional Tax of " ; those not in favor of the additional tax
shall vote a ticket upon which shall be written "Against Ad-
ditional Tax." Said board of commissioners shall call said election Call for election,
at the first special or regular meeting after the filing of the petition
as aforesaid, and shall for thirty days give public notice in some Notice of election,
newspaper printed in the county, and also by notice posted in three
or more public places in said township.
Sec. 21. That said election shall be held and conducted at the Law governing
polling place or places established in said township, in the manner election,
and under the same rules and regulations as are now prescribed
tor the election of county officers under the general laws of North
Carolina.
Sec 22. That said special tax provided for in sections twenty Collection and
and twenty-one shall be collected as other taxes and paid to the P^^^ent of tax.
county treasurer, who shall give said townships credit for said
sums.
Sec. 23. That the county treasurer of said county shall keep Funds kept
said funds which may come into his hands under the provisions ^*^p^^^^*^-
of this act separate from all other funds, and shall keep a separate Separate accounts,
account of the same and of the amount collected by the provisions
of this act in each township, and the funds collected in each town- Use of funds,
ship shall be used for the purjjose provided in this act in the town-
ships where said funds were collected, unless otherwise directed
by the board of county commissioners. Said treasurer shall furnish Statements fur-
to each township supervisor "as soon as practicable a statement "'^'^^'^ supervisors
setting forth the amount due his township.
5(SQ ■ 1909— Chapter 416—417.
Bonds of super- Sec. 24. That the supervisors of the several townships shall, be-
visors
fore entering upon the discharge of their duties, deposit with the
board of countj- commissioners bond in the sum to be fixed b5' said
commissioners, conditioned upon the faithful and honest discharge
of their duties and for the safe-keeping and return of all property
entrusted to their care, and for the proper disbursement of and
accounting for such sums of money as may come into their hands by
virtue of their office, and said bond shall be recorded by the register
of deeds and filed in the office of the clerk of the Superior Court
Supervisor to of said county. Said township supervisors shall also take an oath
qualify.
to discharge the duties of their office.
Appointment and Sec. 25. That the township supervisors shall have the authority
pay of foremen. -, , , , , .
and are hereby empowered to appomt one or more foremen, if
necessary, to carry out the provisions of this act, who shall not
Authority. receive more than one dollar per day. They shall have the same
authority to summon hands and receipt for work done or money
paid in lieu thereof, and to supervise the constructing and working
the public roads as heretofore provided for in this act governing
the township supervisors.
Orders for money. Sec. 26. That all orders for money shall be signed by the town-
ship supervisor of the township in which work was done, and by
the chairman of the board of county commissioners.
Copies 9f act to Sec. 27. That one hundred copies of this act be published and
be furnished. furnished to the Board of County Commissioners of Clay County.
Sec. 28. That all laws and clauses of laws in conflict wnth thi.s
act be and the same are hereby repealed.
Sec. 29. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2d day of March, A. D. 190!).
CHAPTER 417.
AN ACT TO AMEND THE GAME LAW FOR BUG HILL AND
LEE'S TOWNSHIPS, IN COLUMBUS COUNTY, RELATIVE
TO SEASON FOR TRAPPING FUR-BEARING ANIMALS.
The General Asseiiibly of North Carolina do enact:
Close sea.son. SECTION 1. That section three of chapter five hundred and five.
Public Laws of one thousand nine hundred and seven, be and the
same is hereby amended in so far as it applies to Bug Hill and
Lee's townships, in Columbus County, by striking out, in lines
four and five of said section, the words "the first days of April
and January of each year" and substituting in lieu thereof the
woi'ds "the first days of March and December of each year."
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 this the 2d day of March, A. D. 1909.
1909— Chapter 418—419. 56Y
CHAPTER 418.
AX ACT FOR THE PROTECTION OF GAME IN FRENCH'S
CREEK TOWNSHIP, CYPRESS CREEK TOWNSHIP, TURN-
BULL TOWNSHIP AND COLLY TOWNSHIP, BLADEN
COUNTY.
The General Assembly of Nortlt Carolina do enact:
Section 1. That any person hunting, chasing with dogs, trap- Protection for
ping, sliooting, killing or maiming in any manner whatever any ^®^"
deer in French's Creek Township. Cyi^ress Creelv Township, Turn-
bull Township and Colly Township, Bladen County, unless such
deer shall be taken in the act of destroying growing crops, but
only while actually in the act of destroying such growing crops,
shall be guilty of a misdemeanor and shall be subject upon con- Misdemeanor,
victiou to a fine of not less than ten nor more than fifty dollars. Punishment.
said fine to be paid into the county school fund of said county,
or work thirty days on public roads.
Sec. 2. Any person in the territory described in section one who Open season for
shall hunt with dogs, shoot, trap, chase, kill or maim any wild °^^^'^^ game.
turkey, wild duck, raccoon or quail, opossums or squirrels at any Misdemeanor,
other season of the year except the mouths of December and Jan-
uary shall be guilty of a misdemeanor and shall be dealt with in Punishment.
the manner described in section one.
Sec. 3. That this act shall be in force for a period of four years Duration of act.
from the date of its ratification.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 419.
AN ACT TO INCORPORATE THE SOUTHERN ASSEMBLY.
The General Assembly of North Carolina do enact:
Section 1. That Bishop James Atkins, S. C. Satterthwait, B. J. Corporation.
Sloan, Alden Howell and George R. Stuart, their associates and
successors are hereby declared to be a body politic and corporate,
under the name of the "Southern Assembly," with all the powers Corporate name,
granted to corporations by section one thousand one hundred and °''P°''^ ^ powers,
twenty-eight of the Revisal of one thousand nine hundred and five
of North Carolina.
Sec. 2. The purpose of said corporation is to establish and main- Purpo.'^e of cor-
tain in Haywood County, North Carolina, a municipality of the P^^''^^^*^"-
Methodist Episcopal Church, South, assemblies, conventions, con-
ferences, public worship, missionary and school work, orphan
homes, manual-trades training and other operations auxiliary and
568
1909 — Chapter 419.
Power to acquire
and deal with
real estate.
Waterworks and
sewerage.
Power to issue
and secure bonds.
Occupations to be
licensed by cor-
poration.
Cemetery.
Taxes for munici-
pal purposes.
Privilege taxes.
Ordinances.
Prohibition of
liquors.
incidental tliereto ; also a religious resort, with permanent and
temporary dwellings for health, rest, recreation, Christian work
and fellowship.
Sec. 3. That said corporation shall have power to acquire land
by purchase or otherwise, own, hold, buy, sell, convey, lease, mort-
gage or encumber real estate or other property, personal or mixed,
and survey, subdivide, plat, improve and develop lands for pur-
poses of sale or otherwise, and power' to construct, maintain and
control waterworks and sewerage, with the right and power to
order and require connections thereto by residents or others near
or adjoining the premises of said corporation ; to construct electric-
light plants for manufacturing and distributing electric lights and
power for corporate use or sale ; to build and operate mills, stores,
manufacturing plants, railways to be operated by horse, steam or
electricity ; to build and maintain bridges, drives, trails, high-
ways, streets, sidewalks, parks, lakes and fountains, and to operate
and control launches or boats propelled by any power ; to estab-
lish and operate printing presses ; to construct, maintain and
operate telephones, and to do other things to promote the health,
comfort, pleasure, well-being and convenience of the community;
to issue bonds and other evidences of indebtedness, and secure
the same by deed of trust or by mortgage.
Sec. 4. No person shall open or operate a store, sell goods, wares
or merchandise, keep a huckster shop or butcher shop or any
place where vegetables or fresh meat are sold, or shall operate a
sales, dray or livery stable, keep and manage hotels or boarding
houses or carry on any kind of business within the limits of the
corporation without a license from said corporation having been
obtained. The privilege tax and penalty for violation shall be
such as may he prescribed by the ordinances of the corporation.
Sec. 5. The corporation may establish a cemetery, apart from
the assembly grounds, on land to be acquired, and govern and
control the same by rules and regulations to be prescribed by the
ordinances of the corporation.
Sec. 6. The board of commissioners of said corporation may
levy and cause to be collected taxes for municipal purposes, not
exceeding three dollars on the hundred dollars and two dollars
on the poll, on all property, franchises and persons within the
corporation, and may annually levy a privilege tax on all trades,
professions and business to be carried on or enjoyed within the
corporation.
Sec. 7. The board of commissioners of said corporation shall
have power to enact ordinances for the government of the munici-
pality not inconsistent with the laws of the State, and may enforce
them by suitable penalties.
Sec. 8. The manufacture, sale or keeping with intent to sell
intoxicating liquors, including ale, beer, wine and cider, on any
land belonging to the corporation is forever prohibited, and any
1909— Chapter 419. 569
person violating this section shall be guilts^ of a misdemeanor,
and upon conviction shall be fined or imprisoned, or both, in the
discretion of the court.
Sec. 9. The property of the said corporation shall be exempt Exemption from
from taxation: Provided, this section shall not be so construed proviso: exemp-
as to exempt the poll tax of any resident or the property owned to°poii°tax nor*^^
by a resident or lotholder in said corporation and taxable by law. property owned
Sec. 10. That the said corporation shall have power to purchase, m)tels!^audftori-
build, construct, operate and maintain hotels, auditoriums and 5uQdf,^gs°*'^^'^
such other buildings as the said board of commissioners of the
said corporation may deem advisable for the purpose of carrying
out the business of the said corporation.
Sec. 11. The total authorized capital stock of the said corpora- Capital stock,
tiou shall be two hundred and fifty thousand dollars, divided into Shares of stock,
two thousand five hundred shares of a par value of one hundred
dollars each, and at least three-fourths of the capital stock of Stockholders.
the said corporation shall be held by members of the Methodist
Episcopal Church, South.
Sec. 12. The corporate powers can be exercised only by a board Exercise of cor-
of commissioners and in pursuance of resolutions adopted by said
board. The board of commissioners shall consist of not less than Board of com-
six nor more than nine members, to be elected by the stockholders Ellct^ons^and
at their annual meetings, one-third of whom shall hold office for ^^e^m of office.
one year, one-third for two years and the balance for three years.
Upon failure of the stockholders to elect the board of commis-
sioners as herein provided, then the said board of commissioners vacancies.
may elect and fill vacancies in the membership of said board.
Until the first annual meeting of the stockholders, the ])ersons First board,
named in this act and such other persons as they may elect shall
constitute the board of commissioners, with power to act in the
premises.
Sec. 13. There shall be an annual meeting of the stockholders Annual meetings
on the assembly grounds during the sessions of the summer as- ° stockholders.
sembly, at a date to be fixed by the chairman of the said board
of commissioners, at least ten days before the meeting, notice of
which shall be posted on the assembly bulletins, and mailed, with
the z'equest to publish, to one or more of the denominational
papers published in the States wherein are stockholders.
Sec 14. Upon failure of the stockholders to meet in annual Powers of com-
session, the board of commissioners may fill all vacancies caused fSJh;r°"of'st'ock-
by death, removal, resignation or any other cause, and shall have holders to meet,
the right to exercise all the powers granted in this charter. The Meetings of com-
said board of commissioners may meet at such times and places ™'^^'°^e''s-
as are fixed by the by-laws. Upon the written request of the
chairman or two members of said board, a called meeting of the
board may be had at any time by the secretary, by notice of the
time, place and object of the meeting being mailed to the last-
known address of each member of the board at least ten days
570
1909— Chapter 419.
Votes by mail.
Further powers of
commissioners.
Executive com-
mittee.
Delegation of
powers.
Membership to
cease on sale of
stock.
Purchase to carry
membership.
Appointment of
mayor.
Inferior court.
Jurisdiction.
Proceedings.
Fees.
Judicial power
and authority of
mayor.
before the date of meeting ; and whenever it becomes necessary
between the meetings of the board of commissioners to obtain
their A'Otes on any question pertaining to the interests of the
corporation, such may be talveu by written ballot mailed to each
member of the board at his last-known address, but it shall re-
quire a two-thirds majority by mail ; and when obtained the
same shall be entered on the secretary's record of the commis-
sioners' meeting, and shall be as binding as if passed in a regular
meeting of the board.
Sec. 15. The board of commissioners shall have power and au-
thority to enact ordinances for the regulation, control and govern-
ment of the corporation, to preserve order, to make sanitary laws
for the protection of health and to enforce the same, and any
other ordinances for the comfort and well-being of the conimunity,
which said ordinances may be amended or repealed at any time
by a majority of the votes of said commissioners.
Sec. 16. The board of commissioners may appoint from its mem-
bers an executive committee, consisting of three members, and
may delegate to the executive committee any and all powers and
rights not reserved by the stockholders, which delegated rights and
powers must be specifically described in the by-laws of the cor-
poration.
Sec. 17. The membership of any stockholder shall terminate
by the transfer of his or her stock, and the purchaser thereof shall,
ipso facto, be a stockholder in the corporation, with all the rights
of original stockholders, upon a transfer of such stock upon the
books of the corporation; but at least three-fourths of the pur-
chasers of said stock shall at all times be members of the Metho-
dist Episcopal Church, South ; and if at any time more than one-
fourth of the purchasers of such stock should not be members of
said church, then the amount of such stock so held b.y nonmem-
bers of said church shall in nowise have any right to representa-
tion, voice or vote in the corporation or in the meetings thereof.
Sec. 18. The board of commissioners may appoint a mayor at
each annual meeting of the board, who shall be constituted an
inferior court, and shall be a magistrate or conservator of the
peace within the limits of the corporation ; shall have the juris-
diction of the justice of peace in all criminal matters arising under
the law of the State or under the ordinances of the corporation.
The rules of law regulating the proceedings before a justice of
the peace shall be applicable to proceedings before such mayor,
and he shall be entitled to the same fees as are allowed to the
justice of the peace in all cases arising out of the State laws or
under the ordinances of the corporation.
Sec. 19. As such court, the mayor shall have authority as mayor
to hear and determine all cases that may arise upon the ordinances
of the corporation, to enforce penalties by issuing execution upon
1909 — Chapter 419. 571
any adjudged violation thereof, and to execute the laws, rules
and ordinances that may be made and provided by the board of
commissioners of said corporation for the government and regula-
tion thereof ; but in all cases any person dissatisfied with the Right of appeal.
judgment of the mayor may appeal to the next criminal term
of the Superior Court, as in case of judgment rendered by a justice
of peace. If the offense charged exceeds the jurisdiction of the Parties bound
justice of the peace the mayor may bind the accused, under
proper bond, payable to the State of North Carolina, to the next
term of the Superior Court of Haywood County. In all cases of Record on appeals,
appeal from the mayor's court to the Superior Court, when the
offense charged is the violation of the corporate ordinance, the
mayor shall send with the papers in the case a true copy of the
ordinance alleged to have been violated, and shall certify under
his hand and seal that said ordinance w-as in force at the
time of the alleged violation of the same, and such certificate shall
be held and taken to be prima facie evidence of its passage by the
said board of commissioners for the purpose of said trial.
Sec. 20. Before entexung upon his duties, the mayor, before Mayor to qualify,
some person authorized by law to administer oaths, shall take
and subscribe the oath to the effect that he w'ill faithfully and
impartially discharge the duties imposed upon him by law, which
oath, with the records, shall be recorded in the book of records
of the corporation.
Sec. 21. In all cases w^hen judgment may be entered up against Fines worised out.
any person for fines under the laws and ordinances of the cor-
poration, and the person against whom the same is -adjudged
refuses or is unable to pay such judgment or fine, it may and shall
be lawful for the mayor before whom such judgment was entered
to order and require such person so convicted to work on the
streets or other public works until at a fair rate of w-ages such
person shall have worked out the full amount of the judgment
and costs of the prosecution, or the offender may be committed to
the common jail of Haywood County, with the right of the com-
missioners to work him on the public roads of the said county,
and all sums recorded for such fines shall be paid into the
treasury.
Sec. 22. The board of commissioners may and it is authorized Town marshals,
to appoint one or more town marshals, who shall, before a person Mar-shals to
authorized to administer oaths, take and subscribe to an oath that ^" ^"
he will faithfully and impartially discharge the duties of his
office according to law, w^hich oath shall be filed in the records
and recorded in the books of the corporation.
Sec. 23. The said marshal or marshals, as police officers, shall Powers of mar-
within the corporation have all the powers of a constable in the '
county, and as ministerial officers shall have power to serve all
criminal and civil processes that may be directed to them by the
572
1909— Chapter 419.
Tax collector and
treasurer.
Other committees
or officers.
Powers of tax
collector.
Sales for taxes.
Members not
liable for debts of
corporation.
Corporate limits
mayor or by any court withiu the county or counties within which
the corporation is situated, under the same regulations and penal-
ties as are prescribed by law in the case of constables, and to en-
force the ordinances of the corporation as the board may direct ;
and the said marshal or marshals are hereby authorized and em-
powered to arrest all offenders against any of the ordinances
of the said corporation committed in his or their presence with-
out warrant.
Sec. 24. The board of commissioners may appoint a tax collector
and treasurer and fix their bonds, payable to the corporation, for
the faithful performance of their duties and for a true accounting
and return of all moneys collected or paid into the treasury of
the corporation at such time or times as are required by the board
of commissioners of said corporation or the executive committee ;
and it may appoint any other committee or officers that may be
necessary, and prescribe their duties and powers.
Sec. 25. The tax collector shall have the same power to collect
taxes imposed by the board of commissioners of this corporation as
the tax collector of the town of Waynesville possesses. This cor-
poration shall have the same powers to sell property for failure
to pay taxes as is vested in the town of Waynesville, North Caro-
lina, and proceedings of sales shall be the same.
Sec. 26. The members of this corporation shall not be personally
liable for the debts, contracts, obligations or torts of the cor-
poration.
Sec. 27. The corporate limits of this corporation shall be as
follows : Beginning at a stake on the northerly side of Boundary
Street, in the town of Waynesville, North Carolina, said stake
being on the easterl5' side of Atkins Koad (corner of W. T. Lee's
property) ; thence with the easterly side of said Atkins Road to
the line between Luther McClure and Will Tate; thence with
said Tate's southerly line to Walnut Street, crossing said Walnut
Street on same line ; thence with southerly side of said Walnut
Street to a point three hundred feet beyond Powell's Branch;
thence parallel with and three hundred feet to the east of Powell's
Branch to the Keller and Bridges line ; thence with the Keller
and Bridges and Ellis lines to a street or road ; thence with the
southerly side of said road or street, along S. H. Keller's line, to
its intersection with the old county road leading to Howell's mill ;
thence with said old county road to James Underwood's easterly
line; thence with said James Underwood's easterly line or lines
to the line of Maggie Marshall and R. G. A. Love; thence with
the easterly and northeasterly line or lines of said Maggie Marshall
and R. G. A. Love to Richland Creek ; thence with Richland Creek
to Nelson Howell's north line ; thence westward with said Nelson
Howell's north line or lines, Turpin Moody's and Turpin's to the
M. PI. Love estate line, on a ridge ; thence with said M. H. Love
estate line (near top of ridge) to said Love's corner, at or near
1909— Chaptek 419—420. 573
the top of ridge ; thence northerly with Love and Turpiu's line
to easterly side of a branch ; thence with line of Ray and Love
westerly to a branch near rock quarry, Ray and Love's corner ;
thence northerly with that line to the Jonathan's Creek macada-
mized road ; thence with the easterly side of the said Jonathan's
Creek Road to Will Farmer's line ; thence with said Will Farmer's
line to Richland Creek; thence with said Richland Creek to a
stake on the easterly bank, said stake being in line with the
northerly side of Boundary Street; thence along the northerly
side of Boundary Street to the beginning. And any and all por-
tions of the aforesaid boundary which are now included within the
corporate limits of the town of Waynesville are hereby expressly
withdrawn from the jurisdiction and corporate limits of said town :
Provided, however, that the residents and property of said ter- Proviso: jurisdic-
ritory so withdrawn shall be and remain subject to the jurisdiction vui^" ^y^^^^"
of the said town of Waynesville until such time as the Southern
Assembly has been completely organized and in active operation ;
and the corporate limits of this corporation shall also include
and extend over any and all other boundaries of land hereafter
owned by the Southern Assembly in Haywood County and lands
owned or leased by it to any other person.
Sec. 2S. The corporation shall be considered organized upon Organization.
the passage and ratification of this act, without a meeting of the
directors or further notice. The corporators herein named and
such others as they may elect, not exceeding the number allowed
on the board of commissioners, may exercise the powers herein
conferred until their successors have been elected.
Sec. 29. That all laws and clauses of laws in conflict with this
act shall be and the same are hereby repealed.
Sec. 30. This act shall be considered a public act and shall be Act public.
in force and effect from and after its ratification.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 420.
AN ACT TO IMPROVE THE PUBLIC ROADS IN CERTAIN
TOWNSHIPS IN BRUNSWICK COUNTY.
TJie General Assemblj/ of North Carolina do enact:
Section 1. That the Board of County Commissioners of Bruns- Petition for elec-
wick County shall be and is hereby authorized, empowered and *'°"'
directed, upon the petition of at least one-fourth of the qualified
voters of any of the following townships of Brunswick County,
to-wit, Lockwood's Folly, Shallotte, Waccamaw, Town Creek or Townships.
Northwest townships, to submit, within sixty days after such Time for election,
petition is received and acted upon, to the qualified voters of such
574
1909— Chapter 420.
Proviso; further
election.
Proviso: limit of
issue.
Notice of election
Law governing
elections.
Proviso: appoint-
ment of election
officers.
Count and return
of votes.
Tabulation of
returns and decla
ration of result.
Ballots.
towuship the question as to whether or not that said townshii)
petitioning shall issue bonds in a sum certain, the proceeds from
the sale of wMch to be used for the purpose of laying out, alter-
ing and improving the public roads of such township : Provided,
that if a majority of the qualified voters of such township shall not
vote to issue said bonds at such an election under this act, that
the board of county commissioners may, at any time after two
years from the date of said election, upon a new petition of at
least one-fourth of the said qualified voters of the township,
again submit the same question under the provisions of this act :
Provided further, that the question of the bond issue shall be
upon a sum not in excess of ten thousand dollars for Lockwood's
Folly Township, nor in excess of ten thousand dollars for Shallotte
Township, nor in excess of ten thousand dollars for Waccamaw
Township, nor in excess of fifteen thousand dollars for Town
Creek Township, nor in excess of fifteen thousand dollars for
Northwest Towuship.
Sec. 2. That the board of county commissioners shall give at
least twenty days' notice of any election held under this act by
publishing the notice in some newspaper published in Brunswick
County, if one be published, and also by posting at four public
places in the said township ; and any election held under the
provisions of this act shall be held and conducted in the same
manner, except as herein otherwise specified, as is now or ma.v
hereafter be prescribed by law for holding elections for members
of the General Assembly: Provided, hoicever, that the said county
commissioners shall appoint the registrars, judges and other elec-
tion officers. The vote shall be counted at the close of the polls
and returned in a sealed package by the returning oflicer, under
the hands and seals of the election ofllcers holding the election in
the respective precincts, to the clerk of the board of county
commissioners on the second day next following the election ; and
■ the said board of county commissioners shall at the first regular
meeting thereafter tabulate the said returns and declare the re-
sult of said election, which shall be recorded in the minutes of
the said board of county commissioners and in the record of elec-
tions, and no other recording and declaration of result of said
election shall be necessary.
Sec. 3. That at such election the ballots tendered and cast
by the qualified voters shall be of convenient size, prescribed by
the board of county commissioners, and shall have written or
printed or partly printed and partly written upon them "For Road
Bonds"' or "Against Road Bonds," and all qualified voters who
favor issuing said bonds and the levying of the necessary taxes
for the payment of the same and the interest thereon shall vote
"For Road Bonds," and all qualified voters who oppose the issue
of said bonds and the levy of necessary tax for the payment of
the same shall vote "Against Road Bonds."
1909— Chapter 420. 575
Sec. 4. That if a majority of tlie qualified voters of any siicli Issue and sale of
township shall iu such election cast their votes "For Koad Bonds,"
and the result be so declared and recorded, the board of county
commissioners shall as soon as is practicable thereafter issue and
sell to the best advantage the said bonds so authorized by the
election laeld in the township, in denominations of not less than Denominations,
one hundred dollars and not more than one thousand dollars, the Amount of issue,
total amount of such issue not to exceed ten thousand dollars for
Lockwood's Folly Township, nor ten thousand dollars for Shal-
lotte Township, nor ten thousand dollars for Waccamaw Town-
ship, nor fifteen thousand dollars for Town Creek Township, nor
fifteen thousand dollars for Northwest Township : Provided, that Proviso: bonds
no bond shall be disposed of by the said board of county com- below par.
missioners under this act at less than its face value. The said Interest,
bonds shall bear a rate of interest of not more than five per cent
per annum, shall have interest coupons attached, which coupons
shall be payable annually on the first Monday in April of each
year during the running of said bonds, at the office of the Treas-
urer of Brunswick County, and the principal thereof shall be pay- Maturity.
able and redeemed twenty years from the date of issue. Said Authentication,
bonds and coupons shall be signed by the chairman of the board
of county commissioners and countersigned by the clerk of said
board, and the said bonds shall have impressed upon them the
seal of the said county and shall be styled "(name of township) Style.
Township public-school bonds.*' The bonds and the coupons shall,
when the bonds are issued, be numbered consecutively, beginning
with Number One, and the coupons attached and issued with
them shall bear the numbers of the bonds to which they are at-
tached, and the bonds and coupons shall show on their face when
they are due and where payable, and the bonds shall show by what
legislative act they are issued. The said board of county com- Record of pro-
missioners shall have all their proceedings in respect to said bonds bonds.^^ ^^'^ °^
recorded in its minutes; and when the said bonds are issued, the
numl)er of the bonds, the date, the denomination, to whom sold and
the numl)er of coupons attached to each bond shall be recorded
in said minutes.
Sec. 5. That iu case the result of said election under this act Special tax.
be in favor of issuing the township bonds, as aforesaid, the Board
of County Commissioners of Brunswick County shall levy an-
nually on the first Monday in June in each year after the said
bonds are sold a special road tax for the said township voting
such bonds of not exceeding ten cents on the one hundred dollars' Tax limit,
worth of property and thirty cents on each poll (the constitutional Constitutional
equation always to be observed). The subjects of taxation and the ®^"^^'°'^-
levy of taxes shall be the same on which the said board of county
commissioners now or may hereafter be authorized to lay and levy
taxes upon for general countj' purjiosos. and the levy herein pro-
576
1909 — Chaptek 420.
Collection.
Application.
Sinking fund n
special trust.
Deposit or invest-
ment of sinking
fund.
Proviso: purchase
of bonds.
Further tax for
sinking fund.
Rate.
Collection.
Proceeds of bonds
kept as separate
fund.
Separate account.
Proviso: treas-
urer's commis-
sions.
Proviso: treas-
urer's bond.
Township road
orders.
Itemized state-
ments.
vided for shall be limited to such township voting said bonds. The
taxes so levied shall be collected as other taxes and paid to the
county treasurer as other taxes are paid, and the same shall be
a separate fund, and shall be applied by the board of county
commissioners first to the payment of interest on the said bonds
herein provided for, and then to the creation of a sinking fund
for the redemption of said bonds. Said sinking fund shall be hold
by the board of county commissioners in special trust for the
payment of the bonds issued under this act for the respective town-
ships, and neither the principal thereof nor the interest thereon shall
be expended for any other purpose. Said sinking fund shall be
deposited, at interest, by said board of county commissioners in
any bank or banks in North Carolina that the board may deem
safe, or shall invest in North Carolina interest-bearing bonds :
Provided, that said board may in its discretion from time to
time use any and all of said funds for the purchase in the open
market of any bonds issued under the provisions of this act. and
if so purchased the said bonds shall be canceled and a record made
of the same in the minutes of the said board; and after the
expiration of ten years from the date of issue the board of county
commissioners shall be and is hereby authorized and directed to
levy at the same time and manner that other taxes are levied
an additional tax of not exceeding ten cents on the one hundred
dollars' worth of property and thirty cents on the poll in the
township, which tax shall be collected as other taxes are col-
lected and deposited by the board of county commissioners as a
part of the sinking fund created for the redemption of the said
bonds, and shall be held and applied as above set forth.
Sec. 6. That when any of the said bonds are sold the proceeds
of the same shall be turned over to the Treasurer of Brunswick
County, who shall keep said fund separate and apart from all other
funds, and he shall keep a separate official account of the same :
Provided, that the treasurer's commissions for receiving the said
fund shall not exceed one-fourth of one per cent : Provided fur-
tJier, that the said treasurer shall first execute an official bond,
to be approved by the board of county commissioners, payable in
the usual manner,. in a penal sum of at least a sum equal to the
sum which may come into his hands by reason of this act, con-
ditioned upon the faithful and safe-keeping of the said funds and
the rendering of true accounts in respect thereto. All orders for
the payment of money under this act shall state on their face that
they are township road orders for that certain township, and
to what account they are chargeable, and shall be signed by the
chairman of the board of road commissioners, hereinafter provided
for, and countersigned by the secretary of the said board. The
treasurer shall make and file a separate itemized statement of all
receipts and disbursements of this fund at the time of making
1909— Chapter 420. 577
his official annual report and whenever required to do so by the
board of county commissioners or the board of road commis-
sioners: Provided, that if the said bonds are issued and sold as Proviso: expense
herein provided the expense of holding the election and all neces- aratimi'aiid^s^ale'
sary expenses incident to the preparation and sale of the said °^ bonds,
bonds shall be paid for out of the road fund provided by this act,
but the expense of any necessary meetings of the board of county
commissioners shall not be paid for from the said fund.
Sec. 7. That in the event a majority of the qualified voters Township road
of any such township shall vote "For Road Bonds," and the re-
sult shall be so declared and recorded, the Board of County Com-
missioners of Brunswick County shall, at the meeting when the
sale of the said bonds is perfected and the money received, and
every two years thereafter, appoint a board, to be known as the
board of road commissioners of such township, said board to be
composed of three members, each of whom shall be a qualified
elector of such township and shall hold office for a term of two Terms of office.
years and until their successors are appointed and qualified. The Vacancies.
board of county commissioners shall have power to fill all vacancies
upon said board of commissioners, in case of the death, resigna-
tion, removal or otherwise made vacant, for the remainder of the
unexpired term. As soon as is practicable after appointment, the Commissioners to
commissioners shall meet and talve and subscribe an oath before ^^'^^ ^""^ ^^^^ ' ^'"
some person authorized to administer oaths to perform the duties
of said office to the best of their skill and ability, and the said
oath shall be filed with the clerk of the board of county com-
missioners. Said board shall then organize by electing one of its Organization.
number as chairman and another as secretary, and they shall
pass such rules for the government of the body as they may
deem best. The members of said board shall receive as compensa- compensation,
tion for their services two dollars per day for such time only as
they are actually engaged in attending upon the active duties
prescribed by this act.
Sec. S. The said board of road commissioners shall keep a rec- Record of pro-
ord of the minutes of its proceedings, and shall make a report semiannual
semiannually, after the date of its appointment, to the board of reports.
county commissioners, stating therein the nature, character and
where road improvement has been done, and shall give an itemized itemized state-
statement of the moneys expended, tools purchased, tools and '"^" ^'
material on hand and such other matters as the board may see
proper to report. The chairman of the said board of road com- Road orders.
missioners, by authority of the said board of road commissioners,
shall sign all orders on the treasurer for the payment of any
money to be expended to carry out the purposes of this act, and
such orders shall be countersigned by the secretary, who shall
keep in a separate book an account of all orders, in addition to
the regular minutes of the proceedings of the board ; but no order
Pub.— 37
578
1909 — Chapter 420.
Specific appro-
priation of luiuU
Powers of road
coiiimissioiiers.
Proviso: appeals
from orders dis-
continuing or
establisliing roads.
Chain gang or
convict force.
General law to
apply.
Proviso: allot-
ment of hands.
Removal of road
commissioners for
cause.
Proviso: right of
appeal.
Entry on land for
material.
shall be passed for the payment of money by the said board until
the statement of the nature of the claim, verified by the oath of
the payee to the effect that no part of the same has been paid,
shall be filed and approved by said board ; and the funds pro-
vided for in this act shall not be used for any other purpose than
for the improvement of the public roads in the townshi]) votinjj;
the said bonds and the necessary expense incident thereto.
Sec. 0. That the said board of road commissioners shall have
power to purchase and hold road tools and machinery for working
the roads of said township; to employ such foremen and laborers
as they may deem necessary to perform such work ; to hire such
teams, machinery and tools as the board may deem necessary;
to purchase the necessary material for building roads ; to accept
donations of money and labor for the improvement of the roads;
to improve the roads by such methods and in such a manner as
the board may deem proper ; to lay out any new roads, straighten
and alter roads for public use in the said township and, by and
with the consent of the county commissioners of said county,
discontinue any old road or establish any new public road in said
township : Provided, that persons aggrieved by the enforcement
of this clause may appeal from the order made by the board, as
provided in section two thousand six hundred and ninety of the
Kevisal of one thousand nine hundred and five. And they shall
have power to provide for the working of a chain gang or other
convict force on the roads of said township, and to have all neces-
sary power and authority to do all things necessary to carry into
effect the provisions of this act in such respective township.
Sec. 10. That nothing herein contained shall be construed to
modify or change in any respect the general law which provides
for the working of the public roads in such township, but the
law provided or that may hereafter be provided shall remain un-
changed, so far as this act may go : Provided, that upon the change
of any public road, which may be accepted by the board of county
commissioners, that road hands shall be allotted in accordance
therewith, under the general law, by the supervisors in such town-
ships.
Sec. 11. That the board of county commissioners shall have
power to remove from office, for good and sufficient cause, any
member of the board of road commissioners for any official neglect
or misconduct in ofiice, first giving notice and a hearing to such
road commissioner, and shall fill the vacancy so created : Pro-
vided, that an appeal may be had to the Superior Court from
such order of removal ; but the road commissioner so removed
shall not exercise any of the duties of office pending the appeal.
Sec. 12. That the board of road commissioners and its foreman,
superintendent and laborers are hereby empowered and authorized
to enter upon any uncultivated lands near to or adjoining roads
upon which work is being done under this act, and to cut and
1909— Chapter 420. 579
carry away timber (except trees or groves on improved land left
for ornamental purposes), and to dig and carry away any sand,
gravel or clay which may be necessary to construct, improve or
repair such roads, and to enter upon adjoining lands and dig Drainage ditches.
such drainage ditches as may be necessary for the betterment of
the roads. If the owner of any lands from which timber, sand, Procedure for
clay or gravel be taken, as aforesaid, or the owner of lands on damages.
which the new part or parts of any road or roads shall be located
shall claim damages therefor, and the same be not settled within
thirty days after demand, such person may file his petition with
the secretary of the board of road commissioners, aslving for a
jury, which jury shall be three disinterested freeholders, and the
jury shall be selected and summoned by the sheriff, upon the
written request of the clerk of the said board, and shall be selected
by the sheriff from the electors in such township, as provided by
law; and the sheriff shall give the landowner forty-eight hours'
notice of the time and place where the said jury shall meet to
assess his damage claim, and said jury, after being duly sworn,
shall in considering the question of damages also take into con-
sideration the benefits to the owner of the land to follow the
improvements made or to be made, and if said benefits be equal
to or greater than the damages sustained the jury shall so declare,
and no award shall be made of damages ; and if the damages
sustained shall exceed the benefits to be derived from the said
road or roads the jury shall so find, and shall assess the amoimt
of damages to which it finds the petitioner entitled, and shall make
report of its findings, in writing, signed by each member of the
jury, to the board of road commissioners for confirmation or re-
vision : Provided, that an appeal from such order may be had to proviso: right of
the Superior Court by the party aggrieved; and the judge may in Bo^n^^on appeal.
his discretion require a bond for costs from the said landowners, in
case of a continuance or an appeal to the Supreme Court.
Skc. 13. That any judge of the Superior Court holding courts Convicts sen-
in any county in the State may, in his discretion, sentence finy J^oWc by^siiperior
person convicted of crime to work on the public roads of such court,
township : Provided, that the board of road commissioners shall Proviso: condi-
first provide for a convict force and request the county com- '''""^ precedent,
missioners of said Brunswick County, who shall make application
to the judges of said courts for said <-onvicts before such assign-
ment can be made by any such judge ; and the justices of the convicts sen-
peace and mayors of incorporated towns in Brunswick County \^q^^ by*^jusfices
before whom a person shall be tried and convicted may, in the or mayors.
exercise of their jurisdiction prescribed by law, when the punish-
ment inflicted by law be imprisonment, sentence such convicted
person to work on the public roads in such township for the
prescribed time that he would be imprisoned for the offense : Conditions prece-
Prorided, that a convict force be first i)rovided for by the board ^^^'
of road trustees and that the same be in o])eration at the time.
580
1909— Chapter 420—421.
Malfeasance in
office a misde-
meanor.
Punisliment.
Sec. 14. That any official who shall willfully misappropriate
any funds provided for in this act, or who shall willfully and
corruptly use his official position to the detriment of the purposes
of this act. shall be guilty of a misdemeanor, and shall be fined
or imprisoned, or both fined and imprisoned, in the discretion of
the court.
Sec. 15. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2d day of March, A. D. 1900.
Stock law estab
iished.
Boundaries of
territory.
CHAPTER 421.
AN ACT TO ESTABLISH THE STOCK LAW IN A PART OF
WARSAW TOWNSHIP, IN DUPLIN COUNTY.
The General Assembly of North CaroUna do enact:
Section 1. That from and after the ratification of this act the
stock law shall be and hereby is established in all of the fol-
lowing territory in Warsaw Township, Duplin County: Beginning
on the township lines of Warsaw and Kenansville townships where
the same cross the public road leading from Warsaw to Hallsville.
near J. A. Powell's house; thence with the Warsaw and Kenans-
ville township lines to the run of the Grove Swamp; thence a
straight line to the eastern boundary line of the town of Warsaw
at a point where the lands of E. J. Hill and W. L. Hill meet;
thence running to the northeast corner of the town of Warsaw;
thence running the northern boundary line of the town of War-
saw to the northwest corner of said town of Warsaw; thence
beginning at the northwest corner of the town of Warsaw ; thence
a straight line to the eastern corner of M. T. Murrey's land, on
the Clinton and Warsaw public road; thence to the railroad
crossing at Pierce's siding ; thence with the railroad to the crossing
at Baltic; thence with the rural-route road to .John Blauchard's
land line; thence with the lines of the- Blanchard. Faison, Best
and Boyette land lines to the mill road leading from Pierce's
siding to Best's mill ; thence the mill road across the dam to the
southern end thereof; thence the Strause and Gavin line to the
main road that leads from Warsaw to S. M. Carlton's; thence
that road to S. M. Carlton's line, between said Carlton and Gavin ;
thence with Carlton, H. S. Boyette, Gavin, heirs of W. C. Carlton,
Winder's and Middleton's lines to the road which leads from
Johnson's Church to John Howard's ; thence that I'oad to Winder's
and Ricaud's line; thence with their line to the main road that
Town of Warsaw ^^^^^ tvom Kenansville to the fiftieth milepost ; thence that road
included. to the beginning. The above boundaries are intended to include
1909— Chaptek 421. 581
the present Warsaw stock-territorj' boundaries, and also to in-
clude the corporate limits of the town of Warsaw, North Carolina.
And from and after the said day it shall be unlawful for any Unlawful for
horse, hog, mule, jack, jennet, cattle, sheep or goat to run at large f^°gg/° ''"" ^*
in any part of said territory, under the pains and penalties set Pains and penal-
forth in chapter thirty-five of the Revisal of one thousand nine
hundred and five and under the existing laws of North Carolina.
Sec. 2. That the county commissioners of the county of Duplin Levy of special
are hereby authorized, empowered and directed to levy a special
tax on all the real property in the boundaries mentioned in section
one of this act not to exceed twenty-tive cents on the one huu- Rate,
dred dollars' worth of property at its assessed value for taxation
in said stock-law district, and it shall be the duty of the sheriff Collection of tax.
and tax collector of said county to collect said taxes as he
does State and county taxes ; and to this end the said sheriff and
tax collector is invested and empowered with all the authorities
uow given to sheriffs and tax collectors under the existing laws of
North Carolina.
Sec. 3. That the moneys collected by virtue of this act shall be Appropriation of
used for the purpose of completing the fence around said district
and paying the debt now incurred in building the fence around
said district and paying the interest due on such bonds as are not
now paid, and keeping in repair the fence around said district ;
that the sheriff shall keep the money collected under this act, to Orders on fund,
be known as the "Warsaw stock-law fund," and shall pay the
same out only upon the order of the board of fence commissioners
hereinafter appointed, approved by the board of county commis-
sioners.
Sec. 4. That the Board of County Commissioners of Duplin Appointment of
County shall appoint a fence commission, composed of five free- s?oners.°™™'^"
holders, who shall live in the boundaries mentioned in section one
of this act, whose duty it shall be to attend to the fence building Duties,
and fence repairing and pay all bills for fence building and fence
repairing, and whose duty it shall further be to see that the
stock law is enforced within the above boundaries, and to buy
wire and rails or such material as they shall deem best for build-
ing and repairing said fence.
Sec. ;j. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec G. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March, A. D. lOOn.
582
1909— Chapter 422.
CHAPTER 422.
AN ACT TO PROA'IDE FOR WORKING THE PUBLIC ROADS
OF ROBESON COUNTY AND TO LEVY A TAX FOR THE
SAME.
Election of road
trustees for town-
ships.
Road trustees
incorporated.
Corporate name.
Corporate rights.
Term of office.
Vacancies.
Meeting and
organization.
Qualification of
trustees.
Form of oath.
Meetings of trus-
tees.
Record of pro-
ceedings.
The General Ansemhly of North Carolina do enact:
Section 1. That the Board of Commissioners of Robeson County
shall, ou the tirst Mondaj^ in April, one thousand nine hundred
and nine, and semiannually thereafter, elect, upon the recom-
mendation of the members of the General Assembly, a board of
road trustees for each to^ynship in the county, which shall be com-
posed of three citizens, residents and taxpayers of the township,
and they are hereby incorporated, and the "Board of Road Trus-
tees'' of such township shall be their corporate name. Said board
may sue and be sued, adopt a common seal and do any and all
things which may be necessary for the accomplishment of the
things designated for said board to do under the provisions of this
act, and may purchase and hold property which may be necessary
for the exercise of its powers.
Sec. 2. The term of office of the members of said board shall be
for the term of two years and until their successors are elected
and qualified as provided in this act. If for any .cause there
should be a A'acancy in said board the Board of Commissioners of
Robeson County shall appoint some fit and competent taxpayiug
citizen of said township to fill such vacancy, to hold until the elec-
tion and qualification of his successor, as herein provided. The
said board shall meet within twenty days after its election and
organize by the electron of one of its members as chairman and
one of its members as secretary.
Sec. 3. That members of said board, before entering upon the
discharge of their duties, in addition to the oath to support the
Constitution and laws of the United States and the Constitution
and laws of the State of North Carolina, as are now required to
be taken by public officers, shall take before some justice of the
peace of Robeson County, or other person competent to administer
an oath, the following oath of office, viz. : "I do solemnly swear (or
affirm) that I will honestly, diligently and faithfully perform the
duties of the office of road trustee of Township, Robeson
County, to the best of my knowledge, skill and ability : so help me,
God."
Sec. 4. The road trustees shall meet in some place in their re-
spective townships to be agreed upon by themselves or, in the
absence of such agreement, to be named by their chairman, on the
first Monday in May and November, and at such other times as a
majority of them may deem advisable, and shall keep a record of
their proceedings. It shall be the duty of the road trustees to ex-
1909— CiiAi'TKK 422. 583
amiue into the couditiou of the public roads of their respective Examination and
townships at least twice in each and every year, and make a re- tfon ot°roar°"
port, in duplicate, on the condition of the said public roads, and
present one copy" of said report at the May and November meet-
ings of the board of county commissioners, and shall transmit a
copy of said report to the solicitor, with such instructions as they
may deem proper.
Sec. 5. The board of road trustees shall have the right to lay Roads within
out. alter or discontinue public roads that are wholly within their '^^^•^■'^"P-
townships ; and the board of county commissioners shall have the Roads in two or
right to lay out, alter or discontinue public roads that extend into ™°"^^ ov^nsnps.
two or more townships : Provided further, that the right of way Proviso: right of
of all public roads shall be forty feet wide, and the supervisors, ^^^-^^
with the approval of the road trustees, shall determine how much
of said right of way shall be used for public-road purposes.
8ec. G. That each and every person who shall neglect or refuse Neglect or refusal
to perform the several duties enjoined by this act shall be guilty a°m'i!^deniea'nor?^
of a misdemeanor, and upon conviction thereof shall be fined or Punishment.
imprisoned, or both, in the discretion of the court ; and it is hereby Solicitor to prose-
made the duty of the solicitor of the Seventh Judicial District to
prosecute all the offenses against the provisions of this act.
Sec. 7. That the board of road trustees of the several townships Road districts,
of Robeson County shall, on the first Monday in May next, or
within four weeks thereafter, divide their respective townships
into suitable road districts, and annually thereafter make such al-
terations therein as they may deem proper, and cause a brief de-
scription thereof to be made on the township records, and appoint Appointment of
iS u D p r V i *^o r
one person supervisor of roads for the township : Provided, if the proviso'- niamber
board of road trustees think better they may appoint more than one °^ supervisors,
supervisor for a township, but not more than three ; and in case
more than one supervisor is appointed for a township, then the
road trustees shall furnish each supervisor with a plat of his road
district. Supervisors so elected shall take an oath faithfully and Oath and bond of
impartially to discharge the duties of said office, and the road trus- "'^^'^^'^^ ''^°'^^'
tees shall require a bond of such supervisors, payable to the State
of North Carolina, in trust for said township, in such sum as they
may determine, with surety to be by them approved, conditioned
for the faithful discharge of the duties of said office, and on re- Forfeit for refusal
fusal or neglect to qualify and serve shall forfeit and pay the sum quai?fy''and°serve
of twenty-five dollars and costs, to be collected by the road trus-
tees in an action of debt. Money so collected shall be paid over Forfeit to use of
to the county treasurer and shall go into the road fund of the ^^'^'^ ^""'^"
township.
Sec. 8. And when a vacancy shall occur in the office of super- Trustees to fill
visor, by death, resignation or otherwise, the road trustees of the ^'^•cancies.
township where the vacancy occurs shall appoint some suitable
person to fill such vacancy. The person so appointed shall, before
584
1909— Chapter 422.
Duties of super-
visors.
Entry on land for
material.
Drains or ditciies.
Penalty for
obstructing
ditches.
Penalty to use of
road fund.
Injury to lands a
misdemeanor.
Supervisors to
collect fines, for-
feitures and
penalties.
Expenditures for
benefit of roads.
Monthly settle-
ments.
Moneys paid over
to county treas-
urer.
entering upon the duties of liis office, talce an oath to faithfully
and impartially discharge the duties of his office, and shall be
under the same restrictions and penalties as was his predecessor.
Sec. 9. That it shall be the duty of each and every supervisor to
open or cause to be opened all public roads which shall have been
or may hereafter be laid out and established in his road district
or township ; the same to keep in repair and to remove or cause
to be removed all obstructions that may from time to time be
found thereon, for which purpose said supervisors are hereby au-
thorized to enter upon any lands not encumbered by crops near
to or adjoining such roads, to cut and carry away timber, except
trees or groves on improved lands or left for ornament or shade;
to dig or cause to be dug and carried away any gravel, sand or
clay which may be necessary to make, improve or repair said road,
and to enter on any lands adjoining or lying near the roads to
make such drains or ditches through the same as he may deem
necessary for the benefit of the roads, doing as little injury to
said lands and the improvements thereon, and timber, as the
nature of the case and the public good will admit ; and the drains
or ditches so made shall be conducted to the nearest water way,
ditch or drain, and shall be kept open by the supervisors, and
shall not be obstructed by the owners or occupiers of said lands
or any person or persons having same in charge, under the penalty
of forfeiting the sum of ten dollars for each and every offense, to
be collected by the supervisor and paid over by him to the county
treasurer and applied to the road fund of said township ; and
if the supervisor shall willfully injure any cultivated or improved
lands by failure to conduct said drains and ditches to the nearest
water way or drain, and keep said drains and ditches in repair,
he shall be guilty of a misdemeanor.
Sec. 10. That the several supervisors within their respective
districts or townships shall collect by suit or otherwise all fines,
forfeitures and penalties arising or accruing under the provisions
of this act, unless the question thereof is herein otherwise pro-
vided for ; and they are hereby authorized and required, before
their settlement with the road trustees and the board of audit
and finance, to prosecute to final judgment all persons neglecting
or refusing to comply with the provisions of this act from whom
such fines, forfeitures or penalties can be collected ; and the said
judgment, if not paid, together with the costs therein, shall re-
main and be in force against the judgment debtor.
Sec. 11. That the several supervisors shall expend all moneys
by them collected for the benefit of the roads in their respective
townships or districts, and every supervisor is hereby required
to account to the road trustees at such monthly settlement for all
moneys expended under this act for said month.
Sec. 12. That all moneys that remain in the hands of any
supervisor at the time of the annual settlement with the road
1909 — Chapter 422. 585
trustees shall be paid over to the county treasurer and by him
placed to the credit of the road fund of the township, and said
supervisor shall talie a receipt from the treasurer for the same.
It shall be lawful for any supervisor to sue out executions ou any Executions on
judgment that remains unpaid within his proper district at any Judgments,
time when in his opinion the same can be collected, and the money
received and collected shall be expended as provided in the fore-
going sections.
Sec. 13. That the supervisors of public roads within said county Footlogs.
are hereby authorized and directed to construct footlogs over
streams of water on said public roads.
Sec. 14. That each supervisor within his township or district Post and guide-
shall erect and keep up at the expense of the township at the "o^"""^^-
forks or crossing of public roads a post and guideboard, or finger-
board, containing an inscription in legible letters directing the way
and distance to the town or towns or other public place or places
situated on each public road, respectively ; and shall erect and Mileposts.
maintain mileposts on all the public roads of their township or
district.
Sec. 15. That if any person sliall willfully demolish, tear down, Punishment for
alter or deface any such post or guideboard, every person so of- ^jJ^^i^p^Qs°g^"''^^°^
fending shall upon conviction thereof before any justice of the
peace of the county be fined in any sum not exceeding twenty-five
dollars and costs or imprisoned not exceeding twenty days, and Fine to use of
the money, when collected, shall be by the justice of the peace ^°^ "° "
collecting the same paid over to the supervisor in whose district
the offense was committed, and by him applied to the repair of
the roads within his district.
Sec. 1G. That the road trustees of the several townships be and Trustees to fur-
they are hereby authorized to furnish plows, scrapers and other "'^ ^ °° ^'
tools for the use of the several road districts within their town-
ships, to be paid for out of the money in the county treasury to
the credit of said township for road purposes not otherwise ap-
propriated. The road trustees shall take a receipt from each super-
visor for such implements as they may deliver to him, showing
the number, Icind and condition thereof; and such supervisor shall Liability of super-
be liable for any injury or damage that may result to such imple- ^''®°^-
ments or to any of them by improper use thereof or by unnecessary
exposui'e to the weather during the time the same may be in his
possession, and he shall, on the first Monday in May, annually,
return the same to said road trustees, and the amount for which
such supervisor may be liable for improper use or neglect may
be recovered by an action in the name of the road trustees.
Sec. 17. That the road trustees of any township in the county Watering places,
are hereby authorized to provide and maintain suitable places for
procuring water for persons and animals on the public roads in
such township. Two or more townships may provide and maintain
suitable places for procuring water for persons and animals on
586
1909— CHAPTjiR 422.
Cartways.
Gates across
cartways.
Injury to gates a
misdemeanor.
Punishment.
Rule of tlie road.
Forfeit for viola-
tion.
Liability for
damages.
Proviso: time for
complaint and
action.
Snaking logs a
misdemeanor.
Punishment.
Compensation of
trustees.
Proviso; limit.
Pay of super-
visors.
public roads dividing said townships or lying near the dividing
line. The supervisor of any road district may contract with
any landowner for maintaining a suitable place for procuring
water for persons and animals on any public road in his township
or district. Said contract shall first be approved by the board
of road trustees of the said township.
Sec. 18. The road trustees of each township shall have jurisdic-
tion over cartways, and maj^ order the laying out or discontinuing
of same. Any person over whose land the right or use of which
any person or persons may have acquired the right to use may
erect gates, with the consent of the road trustees, across the same ;
and if any person shall willfully leave open, break down or other-
wise injure the same he shall be guilty of a misdemeanor, and
on conviction shall be fined not more than twenty-five dollars for
each offense.
Sec. 1!). When any persons shall meet each other on any bridge,
highway, public road or roads, traveling with carriages, wagons
or other vehicles, each person shall reasonably drive his carriage
or vehicle to the right of the middle of the traveled part of such
bridge or road, so that the respective carriages or other vehicles
aforesaid may pass each other without interference. Every person
willfully offending against the provisions of this section shall for
each offense forfeit a sum not exceeding ten dollars, to be recovered
on complaint before any justice of the peace in the township
where the offense shall have been committed, and he shall further
be liable for all damages sustained by reason of such offense :
Provided, that every such complaint shall be made within six
months after the offense shall have been committed, and that
every such action for damages shall be commenced within twelve
months after the cause of action shall have occurred.
Sec. 20. Any person engaged in hauling or transporting saw
logs or other timbers on any public road in said county who
shall transport or cause to be transported by means of chains and
grab hooks or other means to be made to slide on the roadbed by
a method known among lumbermen as "snaking" logs shall be
guilty of a misdemeanor, and on conviction shall be fined not
exceeding fifty dollars or imprisoned not more than thirty days.
Sec. 21. That the road trustees of the various townships of the
county shall be paid as compensation for their services required
under the provisions of this act the sum of one dollar and fifty
cents per day : Provided, said compensation shall not be paid any
trustee for more than twelve days in any one year, and the same
shall be paid on a warrant drawn on the county treasurer by the
chairman of the board of road trustees and attested by the secre-
tary of said board and by the said county treasurer charged to
the road fund of the said township.
Sec. 22. That the road supervisors of the various townships of
Robeson County shall be paid as compensation in full for their
19U9— Chapter 422. 587
services rendered under the provisions of this act such an amount
as shall be allowed by the board of road trustees of their respec-
tive townships, not to exceed the sum of two dollars per day for Limit.
each day actually engaged in road work. Said amounts shall be
paid on warrants drawn on the county treasurer by the chairman
of the township board of road trustees and countersigned by the
secretary of said board, and by said county treasurer charged to
the account of the road fund of the said township. All warrants Warrants counter-
drawn by the supervisors of townships for money to pay for tary.
work done in their respective townships, before the same is paid
by the county treasurer, shall be countersigned by the secretary of
the board of township road trustees.
Sec. 23. It shall be the duty of each and every road supervisor Accounts kept by
of any township or district in Robeson County to make and keep
an accurate account of all work done by him during each and
every month, and of all amounts of money drawn from the county
treasurer, and for what purpose the same was drawn and for
what expended, and shall render a true and accurate account of Monthly accounts.
the same to the secretary of the board of road trustees at the
end of each and every mouth ; and it shall be the duty of the
secretary of the board of road trustees to transmit said report to
the chairman of the Board of Audit and Finance of Robeson
County, and by said chairman carefully audited, and if any errors
appear in the same it shall be the duty of the chairman of the
board of audit and finance to have the same corrected by said
township supervisor or the secretary of the board of road trustees,
as the case may be; and it shall be the duty of the county trens- Road funds l<ept
urer to keep the road funds of the various townships of the separate,
county separate and distinct from any other funds in his hands,
so that the true condition of the same may at all times be ascer-
tained by the chairman of the board of audit and finance.
Sec. 24. That each and every supervisor who shall neglect or Forfeit by super-
refuse to perform the several duties enjoined on him by this act, emuTierated^^
or who shall under any pretense whatever give or sign any receipt
or certificate purporting to be a receipt or certificate for labor
performed or money paid, unless the labor shall have been per-
formed or money paid prior to the giving or signing of such
receipt or certificate, shall forfeit for every such offense not less
than ten dollars nor more than fifty dollars, to be recovered by
an action before any justice of the peace in the county of Robeson ;
and it is hereby made the duty of the road trustees to prosecute Trustees to prose-
all offenses against the provisions of this section. ^"^^•
Sec. 25. That it shall be unlawful for any supervisor to perform worlc on roads not
or cause labor to be performed on any road not regularly laid out b^id^en^''^^ ^°^"
and established by law : Provided, it shall be the duty of the Proviso: employ-
supervisors of the various townships of the county to employ the ™g{J{; oPh^nYs"
hands to work on the public roads of the county ; and in order
to pay said hands for their services said supervisors shall draw
588 1909— Chapter 422.
a warrant on the county treasurer for the money, but before said
warrant is paid by the treasurer it shall be approved by the chair-
man of the board of road trustees of the township and counter-
signed by the secretary of said board.
Certitlcates for Sec. 26. That each and every supervisor who shall cut and take
material taken. ^^^ timber, stone, clay, sand or gravel for the purpose of making,
improving or repairing any road or building or repairing any
bridge or crossway within his district shall, on demand of the
owner of the land, their agent or agents, or the guardians of any
ward or the executor or administrator having the laud in charge
from which timber, stone, clay or gravel or other material was
taken as aforesaid, give a certificate showing the quantity of
such timber, stone, gravel or other material, with the value thereof,
respectively, and the time and purposes for which the same were
taken.
Presentation and Sec. 27. That any person or persons who shall have received a
ca^s!^'^ ° er 1 - (2g^.|-jfj(.jj^^g .^g provided for in the foregoing section shall present
the same to the board of road trustees of the proper township
at any regular session of said trustees within twelve months after
the taking or carrj'ing away of such timber, stone, gravel or other
material ; and the trustees, being satisfied that the amount afore-
said is just and equitable, shall cause the same to be paid out
of the funds to the credit of the township, and to this end shall
draw a warrant on the county treasurer for such purpose, but
if not so satisfied they shall determine what sum in their opinion
would be just.
Forfeit on rail- Sec. 2S. It shall be unlawful for any railroad company to ob-
roads for obstruct- .,,,,. „ , ,. , , . , t -i. n ^
ing drainage or Struct the drainage of any public road or highway by its roadbed
on'roads^ water ^j. otherwise, or empty the water from its ditches into any public
road or highway ; and if any railroad, being warned by the super-
visor of the proper district by leaving a written notice with any
station agent or informing any station agent of said railroad com-
pany personally, shall refuse or neglect to remedy the same to
the acceptance of the supervisor, it shall forfeit and pay any
sum not exceeding fifty dollars nor less than twenty dollars, to be
recovered by an action at the suit of the township trustees before
Additional offense, any justice of the peace, in the county; and every five days such
railroad company, after being notified, shall neglect or refuse to
remedy such offense shall be deemed an additional offense against
Forfeit to use of the provisions of this act. The money so collected shall be paid
to the supervisor of the district in which the provisions of this
act have been violated, and the money so paid over shall be used
by the supervisor for the improvement of the roads and accounted
for in his monthly settlement.
Construction and Sec. 29. It shall be the duty of each supervisor to cause each
across railroads, railroad company to construct and keep in good repair the road-
bed of all public roads across the said railroad ; and if any
railroad company, being duly warned by the supervisor of the
1909 — Chapter 422. 589
proper district by leaving a written notice with any station agent
or by informing any station agent of said railroad company per-
sonally, shall neglect or refuse to construct or repair said road-
bed to the acceptance of the supervisor, it shall forfeit any sum Forfeit by rail-
not exceeding fifty dollars, to be recovered by an action at the ^°^ •
suit of the road trustees before any justice of the peace in the
county, and the money so collected shall be paid to the supervisor Forfeit to use of
of the township in which the provisions of this section were ^°'^'^-
violated, and the money so paid over shall be used by the super-
visor for the improvement of the roads in the township and ac-
counted for at his monthly settlement ; and every five days such Additional offense.
railroad company, after being duly notified, shall neglect or refuse
to construct or repair said roadbed shall be deemed an additional
offense against the provisions of this act.
Sec. 30. That if any person or persons, corporation or any con- Forfeit for
ductor of any train of railroad cars or any other agent or servant obstructing road.
of any railroad company shall obstruct unnecessarily any public
road or highway authorized under the provisions of this act by
permitting any railroad car or cars or locomotive to remain upon
or across any public road or highway for a longer period than
five minutes, or shall permit any timber, wood or other obstruction
to remain upon or across any public road or highway, to the hin-
drance or inconvenience of travelers or any person or persons
passing along or upon such public road or highway, every person Liability for
or corporation so offending shall forfeit and pay any sum not ™
exceeding twenty-five dollars and shall be liable for all damages
arising to any person from such obstruction or injury to such
public road or highway, to be recovered by an action at the suit
of the road trustees of the township in which such offense shall
have been committed ; and all fines so accruing under the pro- Fines to use of
visions of this section, when collected, shall be paid over to the
supervisor of the township in which such offense was committed,
and by the supervisor applied to the improvement of the public
roads of said township and accounted for at each monthly settle-
ment of said supervisor.
Sec. 31. It shall be the duty of the supervisors of the various Roads leading to
townships of the county to work or have worked all the public °^ tlirougii towns.
roads or highways that lead to the different towns of the county
or through the towns, but this section shall not apply to working
the side streets of the towns.
Sec. 32. All railroad, turnpike and other incorporated companies Bridges kept up
shall keep up at their own expense all bridges on or over high- ^y corporations,
ways, public roads and roads not public or used as neighborhood
roads, and all crossings that they have severally made in establish-
ing their I'espective roads, and on failure to do so shall be guilty Failure a misde-
of a misdemeanor and fined at the discretion of the court, and shall punishment and
forfeit and pay twenty-five dollars for each ten days he or they forfeit-
shall fail to perform the duties imposed by this section.
590
1909— Chapter 422.
Surveys in relo-
cating or widening
roads.
Obstructing sur-
vey a misde-
meanor.
Punishment.
Obstructing
supervi.sor a nii.s-
demeanor.
Punishment.
Solicitor to prose-
cute.
Proviso: proce-
dure for assess-
ment of damages.
Payment of
damages.
Procedure for
establisliment of
road within one
township.
Proviso: proce-
dure for establish-
ing road through
two or more town-
ships.
Sec. 33. In relocatiug aud widening roads now in use the board
of road trustees shall cause the county surveyor or some other
good surveyor or civil engineer to make a survey of the proposed
change of an old road or a new road to be opened, and if they
adopt said survey they shall give notice to the owner or owners
of the land that they have adopted said survey or surveys, and
that the same is hereby condemned for the use of the township or
county for a public road or highway ; and any person who shall
obstruct the county surveyor or engineer in making a survey for
the changing of a road or the opening of a new road shall be
guilty of a misdemeanor, and upon conviction thereof shall be
lined or imprisoned, or both, in the discretion of the court ; aud
any person or persons who shall obstruct the township supervisor
from opening said change of road or new road shall be guilty
of a misdemeanor, aud on conviction thereof shall be fined or
imprisoned, or both, in the discretion of the court ; and it is hereby
made the duty of the solicitor of the Seventh Judicial District
to prosecute all persons who violate the provisions of this section :
Provided, that if any person be aggrieved he may, within six
mouths after said change of road or new road has been opened and
completed, apply to the clerk of the Superior Court, who shall ap-
point a jury, to consist of five freeholders of the township, to
assess the damages. The said jury before entering upon their
duties shall take an oath before a justice of the peace or other
person competent to administer an oath to do exact justice to all
parties concerned, aud in determining said damage shall take
into consideration the benefit made to the property and the dam-
ages sustained by the property, subtract one from the other, and
the result shall be their verdict ; and if damages be awarded the
same shall be paid on a warrant of the trustees on the county
treasurer out of the i-oad fund belonging to said township.
Sec. 34. All petitions for the establishment of a new road, if
wholly within one township, shall be addressed to the board of
road trustees, and it shall be the duty of the secretary of said
board to give notice of said petition at the voting precinct and
three other public places in said township for at least four weeks
immediately after the filing of said petition, and also to notify
by mail or otherwise all landowners whose land is crossed by said
new road, and the question as to whether the road shall be granted
shall be decided at the next regular meeting of the said board :
Provided, the question of establishing a new road through two or
more townships shall be decided by order of the board of county
commissioners, and a petition for the laying out and establishing
a public road through two or more townships shall be addressed
to the board of county commissioners, - aud when filed with said
board notice shall be given by the clei'k of the said board at the
courthouse door and at three other public places in each town-
1909 — Chaptkr 422. 591
sliip through which said proposed new road is to run, for at least
thirty days, when the same shall be acted upon by the board of
commissioners at their next regular meeting thereafter.
Sec. 3.J. Where a public road is the dividing line between two Roads and bridges
townships the same shall be constructed, repaired and kept up °" o^nsup mes.
ot the expense of the townships jointly, and where a bridge is to
be erected, repaired or kept up on the dividing line between two
townships the cost of the same shall be borne jointly by each town-
ship ; and the cost of building, repairing and maintaining all Bridges.
bridges of the county, except the bridges across Lumber River,
the Big Swamp and Shoeheel Creek, shall be built and kept up
at the cost of the township fund where said bridge is located :
Provided, the matter of building, repairing and keeping up the Proviso: bridges
bridges on all public roads across Lumber River, the Big Swamp RiveT, Big Swamp
and Shoeheel Creek shall be and remain in the hands of the board ^'^ Slioeheel
of county commissioners and at the expense of the general county
fund.
Sec. o6. All persons confined in the county jail under a final Prisoners to be
sentence of the court for crime, or iraiirisoned for the nonpayment
of costs or fines, or under final judgment in case of bastardy, or
the act providing for the punishment of vagrants, and all insol-
vents who shall be imprisoned for the nonpayment of costs, and
hiII persons who would otherwise be sent to the State's Prison for a
term of not more than five years shall be worked upon the public
roads of the county ; and all such convicts shall be fed, clothed Care of prisoners.
and otherwise cared for at the expense of the county and under
the supervision of the board of county commissioners : Provided. Proviso: power to
. , . , , , „ . . , 1, , i, • 1 ^ , 4-1 hire out convicts,
the said board of commissioners shall have the right, when they
think for any cause the best interest of the county will be served
thereby, to hire out said i)risoners, either to the board of road
trustees or any of the several townships or to any person, firm or
•orporation.
Sec. 37. The said board of commissioners are hereby authorized Safe-keeping of
CO n V i c t s
and empowered to use the common jail for the safe-keeping of
said convicts or to biiild and keep a convict camp or camps for
said purpose, or both, and to provide for the keeping and main-
taining said convicts. The hoard of commissioners shall employ Onards and
such guards and attendants as may be necessaiy to properly ' ^'
guard and care for such fonvicts, and the said board of commis-
sioners shall fix the i-ate of compensation to be paid to such per-
sons, and they shall be paid from the general county fund.
Sec. 38. That the board of road trustees of the several town- Roads may be let
ships, when in their opinion it is best to do so, may let the work- ° ^°" ^^^ "
ing of any road or part of road, the building of any bridge or fill-
ing any swamp to some responsible person, under contract: Pro- Proviso: contract
rided, said contract shall Ite in writing, and the person to whom u'^deTbond"'^
tlie contract is let shall give good and sufficient bond to faithfully
592
1909— Chapter 422.
Proviso: inspec-
tion of work
before payment.
Special tax to be
levied.
Road-fund taxes.
Speciflc appro-
priation.
Proviso: tax limit
Assessment of
property of cor-
porations.
Collection of tax.
Money turned
over to treasurer.
Road-fund
accounts.
Sheriff's commis-
sions.
comply with the terms of the same; and Provided furtJier, that
before any part of the contract price is paid for said work the
same shall be inspected and passed on by some member of the
said board of road trustees.
Sec. 39. That in order to carry into effect the provisions of this
act the board of commissioners shall, on or after the first Monday
in June, one thousand nine hundred and nine, and annually there-
after, levy a special tax upon all property in said county subject
to taxation and upon all taxable polls in said county, which taxes
shall be collected in the same manner as other taxes are collected
for State and county purposes, and shall be kept separate and
apart on the tax books of the county, and shall be known as "road-
fund taxes," and shall be used only for the construction, improve-
ment, maintenance and repair of the public roads and highways
of said county, and for the purchase of material, implements,
teams, wagons, and for the employment of labor to work on the
said roads, and for the payment of salaries and expenses as pro-
vided in this act : Provided, that the taxes levied under the pro-
visions of this act shall not exceed the sum of twenty-five cents
on the one hundred dollars valuation of all property in said county
subject to taxation and not exceeding seventy-five cents on each
taxable poll.
Sec. 40. That for the purpose of taxation for road purposes, as
provided in this act, the property of railroads, telegraph, telephone
and express companies and all other corporations shall be valued
and assessed as is now or may hereafter be provided by law for
the assessment of such property for general county purposes.
Sec. 41. Taxes levied for road purposes under the provisions
of this act shall be collected by the sheriff in the same manner as
is now or may hereafter be provided by law for the collection of
other county taxes, and it shall be the duty of the sheriff to turn
over all moneys collected by him on account of any road taxes to
the county treasurer, and it shall be the duty of the county treas-
urer to open a road-fund account with each township within the
county and to credit each township with all moneys received by
him for road funds collected from said township and with all
moneys which may be paid to him under the provisions of this act
for the use of said township, and he shall charge each township
with all sums of money paid out on account of work done in said
township upon the public roads and bridges.
Sec. 42. For his services in collecting and paying over to the
treasurer all sums of money levied for road purposes and for per-
forming all duties enjoined on him by this act the Sheriff of Robe-
son County shall be allowed a commission of four per centum
upon all moneys collected by him for road purposes, and he shall
be entitled to retain this sum upon his settlement with the county
treasurer, and he shall be entitled to receive no compensation upon
1909— Chapter 422. 593
payments to the county treasurer. The Treasurer of Robeson Treasurer's com-
County shall be allowed the sum of two per centum upon all ""^^'°"^-
moneys disbursed by him on account of road funds, such sum to
be received by him in full for all services enjoined upon him by
virtue of the provisions of this act. The said treasurer and the Bonds of treasurer
said sheriff shall both give bond, with good and sufBcient sureties, ^^ ^ ^^" "
in such sum as may be designated by the board of county commis-
sioners, not to exceed one-half of the amount of road taxes col-
lected for the previous year, conditioned upon the faithful dis-
charge of their duties and for the honest and faithful accounting
for all sums which may come into their hands by virtue of the
provisions of this act, and the said bonds shall be renewed annu-
ally and shall be filed with the Register of Deeds of Robeson
County and recorded in a book of official bonds of the county of
Robeson.
Sec. 43. The board of road trustees of the several townships, to- Control of road
gether with the board of commissioners, shall have complete con- "'^ ^'
trol of the road fund of their respective townships and the dispo-
sition and disbursement thereof ; and all fines, penalties and for-
feitures that may be collected under the provisions of this act
shall forthwith be paid to the county treasurer, who shall place
the amount thereof to the credit of the township to which the fund
belongs : Provided, that the board of road trustees of the several Proviso: banks
townships shall designate what bank or banks within the county depositories^^
of Robeson shall be used as depositories for the road fund of their
respective townships, and upon such designation being made the
treasurer of the county shall at once deposit the amount in his
hands belonging to the credit of the road fund, or such portion
thereof as may be designated by the board of road trustees, in the
bank as designated by the said board.
Sec. 44. All moneys now in the hands of the Sheriff of Robeson Money now in
County or the Treasurer of Robeson County, or in the hands of j'^'^o treasurer.^
any other person, belonging to the road fund of Robeson County,
collected for the year one thousand nine hundred and eight or
prior thereto, or otherwise, shall be immediately turned over by
the person in whose hands the same may be to the Treasurer of
Robeson County, and such moneys shall be credited by him to
the townships from which such moneys were originally collected,
and all such moneys shall be available for working and repairing
the public roads and bridges as though the same had been col-
lected under the provisions of this act ; and it shall be the duty
of the board of road supervisors or township or district super-
visors heretofore appointed under authority of any law, and all Property to be
other persons who may have any property of the county of Robe- ^^^^ °^^^'
son belonging to the public road force, to turn over the same to
the different boards of township trustees entitled to the same, and
such property shall be held by them for the use and benefit of the
public roads of thoir respective townships.
Pub.— 38
194
1009— CiiArxER 422.
Officers not to be
interested in con-
tracts.
Forfeit.
Misdemeanor.
Punishment.
Forfeiture of
office.
Power to borrow
money.
Proviso: payment
of outstanding
claims.
Proviso: claims on
general road fund.
Law repealed.
Proviso: repeal
not to invalidate
debt.
Skc. 45. It shall be unlawful for any member of the board of
township trustees, any superintendent or supervisor of roads, any
township or district supervisor or any other person who shall hold
any oflicial or fiduciary relation in connection with the duties im-
posted by this act to be interested, either directly or indirectly, in
any contract or undertaking in which the county of Robeson or
any township is interested, as provided in this act ; and anyone
violating the provisions of this section shall forfeit and pay the
sum of fifty dollars for each olfense, to be recovered by any per-
son who shall sue for the same, and shall moreover be guilty of a
misdemeanor and punished by fine or imprisonment in the discre-
tion of the court, and any person so offending shall forfeit his
office.
Sec. 46. That the board of road ti'ustees for the several town-
ships of Robeson County provided for under the provisions of this
act shall have the power to borrow money and pledge the faith
of the road fund of their township to pay the same, provided it
shall be necessary to do so in order to carry on the road work of
said township ; and if money is borrowed the same shall be turned
OA-er to the Treasurer of Robeson County and by him placed to
the credit of the road fund of the said township for which the
same was borrowed, and shall be used for the benefit of the roads
of the township, as provided for under the provisions of this act :
/'rovidcd further, that the road trustees of the several townships
shall have the power and it shall be their duty to pay any valid
claim now outstanding against the road fund of their respective
townships ; and if there are notes now outstanding and which
liave not been paid, the proceeds of which were used by the Board
of Road Supervisors of Robeson County under any former provi-
sions of law, the same shall be paid out of any moneys now in the
treasury to the credit of the township for which said money was
borrowed ; and if there are not sufiicient funds now on hand to
pay the same, then the said notes shall be paid out of the first
moneys that may come into the hands of the treasurer for the
l)enefit of the said township: Provided, that if there are valid
claims against the Board of Road Supervisors of Robeson County,
which claims should be paid out of the general road fund of the
county, when said claims are clearly established it shall be the
duty of the Treasurer of Robeson County to pay the same and
charge said amount to the various townships of the county pro
rata.
Sec. 47. That chapter eight hundred and thirty-six of the Pub-
lic Laws of North Carolina, session of one thousand nine hundred
and seven, be and the same is hereby repealed: Provided, the re-
pealing of said chapter shall not have the force or effect of ren-
dering invalid any debt contracted and still unpaid, which debt
was contracted by the board of road supervisors under the pro-
visions of said chapter.
1900— Chapter 422—423. 595
Sec. 4S. That all laws aud clauses of laws in conflict with the
]irovisions of this act are hereby repealed.
Sf:c. 4f>. That this act shall be iu full force and effect from aud When act
after April first, one thousand nine hundred and nine.
Ratified this the 2d day of March. A. D. 1909.
CHAPTER 423.
AN ACT TO PROVIDE FOR WORKING THE ROADS OF
POLK COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That all roads and ferries in Polk County that Public roads and
f ©rrics
have been laid out or established by A'irtue of any act of Assembly
or any order of court and that are now known and recognized
as public roads and ferries are hereby declared to be pul^lic roads
aud ferries. The right of way of all public roads iu said county Right of way.
shall be forty feet in width, but not more than twenty feet of
said right of way shall be used for roadbed purposes unless, in the
opinion of the township trustees, it is necessary for the public
good.
Sec. 2. That the justices of the peace of the several townships Election of road
of said county shall meet in some place in their respective town- t^ust^^*^-
ships to be agreed upon by themselves, on the last Saturday in
April of each year, aud shall elect for the term of two years a
board of road trustees, which shall be composed of three citizens
resident iu said township. They are hereby incorporated, and Trustees incor-
the board of road trustees of such township shall be their corporate P*""^ ^ •
name.
Sec. 3. The road trustees shall meet iu some place iu their Meetings for
i-espective townships to be agreed upon by themselves, or in the trustees.
absence of such agreement to be named by their chairman, ou
the first Saturday in May, August, November and February and
at such other times as a majority of them may deem advisable.
Tliey shall keep a record of their proceedings and shall annually Record of pro-
at their May meeting elect one of their number chairman, aud orKanbJatioii
shall also elect one of their number secretary-treasurer, and re- Bond of secretary-
quire a bond of such secretary-treasurer, payable to the State of treasurer.
North Carolina, in trust for said township, with security to be
by them approved, conditioned for the faithful discharge of the
duties of said office. They shall have the right to sue and be Corporate rights.
sued, plead and be impleaded iu any of the courts of the State,
and recommend to the county commissioners the taxes for road Recommendation
purposes to be levied in said township, as hereinafter provided. °^ taxes.
The board of road ti'ustees shall be ex('mi)t from labor on the Trustees exempt
public roads in their township, and shall receive for their services ^^°™ ™^^ ^"'"'^
596
1909— Chapter 423.
Pay of trustees.
Examinations and
report on condi-
tion of roads.
Vacancies
Supervision and
control of roads.
Power to lay out,
alter or discon-
tinue roads.
Surveys.
Obstructing sur-
vey a misde-
meanor.
Punishment.
Obstructing
opening of road a
misdemeanor.
Punishment.
Proviso: proce-
dure for assess-
ment of damages.
Proviso: benefits
not to exceed
damage.
one dollar aud fifty cents per day for four days in the year, to
be paid out of the township road funds. It shall be the duty
of the road trustees to examine into the condition of the public
roads of their respective townships at least four times each year,
aud to make a report in duplicate at least twice a year on the
condition of said public roads and present a copy of said report
to the county commissioners at their June and December meetings,
and shall transmit a copy of said report to the solicitor with
such instructions as they may deem proper. Any vacancy oc-
curring in said board of road trustees shall be filled by the re-
maining members of the board.
Sec. 4. The board of road trustees of the several townships of
said county shall have supervision aud control of the public roads
in their respective townships, and shall have the right to lay out.
alter or discontinue said roads whenever it is necessary or ex-
pedient to do so for the public good. In relocating and widening
roads now in use or in opening new roads, the road trustees of the
proper township shall cause a surveyor or civil engineer to make
a survey of the proposed change of an old road or the new road
to be opened, and if they adopt said survey they shall give notice
to the owner or owners of the land that they have adopted said
survey or surveys and that the same is hereby condemned for the
use of the township'for a public road. And any person who shall
obstruct the surveyor or civil engineer in making a survey for the
changing of a road or the opening of a new road shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined or
imprisoned, or both, in the discretion of the court, and any
person or persons who shall obstruct the township supervisor from
opening said change of road or new road shall be guilty of a mis-
demeanor, and on conviction thereof shall be fined or imprisoned,
or both, in the discretion of the court : Provided, that if any person
be aggrieved he may within three months after said change of
road or new road has been opened and completed (provided that
he and said road trustees cannot agree upon the damages said
party has sustained) apply to the Clerk of the Superior Court of
Polk County, who shall appoint a jury of three freeholders of said
township to assess the damages, none of whom shall be related
by blood or marriage to the applicant. The said clerk shall is.sue
a summons to the sheriff of said county commanding him to
summon said jury to meet upon the premises at a time specified
in said summons, to assess said damages, and the clerk shall also
issue a notice to the board of road trustees of said township of the
time and place of said meeting. The said jury, in determining
said damages, shall take into consideration the benefits made to the
property and the damages sustained by the property, subtract the
one from the other and the result shall be their verdict : Pro-
vided, that said jury shall not find benefits in excess of damages.
The said jury shall report their findings to the clerk of said court
1909 — Chapter 423. 597
within five days from the date of their meeting, which report shall
be placed by him upon the judgment docket of the county and shall
have the force and effect of a judgment : Provided, that if the Proviso: appeals,
parties, or either of them, desires to appeal from the findings of
said jury, they shall cause the clerk of said court to issue a notice
to the opposite party of their intention to do so within ten days
from the filing of the report of said jury, and the said clerk shall
place the cause upon the civil-issue docket of the county and the
same shall stand for trial de novo at the next term of said court
which convenes more than twenty days from the issuance of said
notice of appeal : Provided, that the party appealing shall give Proviso: bond on
bond in the sum of one hundred dollars, with sufiicient surety, to '^pp^^^-
be approved by the clerk of said Superior Court, to secure the
costs of said appeal. The jury summoned as above provided to Pay of jurors,
assess said damages shall be entitled to one dollar each for their
services, and the costs of said proceeding shall be paid by the Costs,
losing party ; and if against the road trustees the costs and dam-
ages so awarded shall be paid out of the township road fund :
Provided, that if the party bringing said proceeding shall not Proviso: costs
recover damages for a greater sum than the amount offered by not^exceed'^ °^^
the road trustees prior to the commencement of said proceeding, damages offered,
judgment shall be rendered against him for the costs thereof.
Sec. 5. That the road trustees of the several townships of Road districts,
said county shall on the first Saturday in May next divide their
respective townships into suitable road districts, and annually
thereafter make such alterations therein as they may deem proper,
and cause a brief description thereof to be made on the township
records, and also furnish each supervisor with a plat of his road
district. The road trustees of each township at their May meet- Election of super-
ing and annually thereafter shall elect one supervisor for each ^'^°''^-
road district. Supervisors so elected shall take an oath faithfully Oaths and bonds
and impartially to discharge the duties of said office, and the road ° supervisors.
trustees may require a bond of such supervisors, payable to the
State of North Carolina in trust for said township, in such sum
as they may determine, with security, to be by them approved,
conditioned for the faithful discharge of the duties of said office.
When any vacancy shall occur in the office of supervisor, the Vacancies.
road trustees of the township wherein such vacancy occurs shall
appoint some suitable person to fill such vacancy, and the person
so appointed shall, before entering upon the duties of his office,
take the same oath and be under the same restrictions and penal-
ties as was his predecessor.
Sec. 6. That it shall be the duty of each and every supervisor Duties of super-
to open or cause to be opened all public roads which shall have ^^^°^^-
been or may hereafter be laid out and established in his road
district, the same to keep in repair, and remove or cause to be
removed all obstructions that may from time to time be found Entry on land
thereon, for which purpose the supervisors are hereby authorized for materials.
598
1909— Chaptek 423.
Drains or ditches
Obstructing
drains a misde-
meanor.
Punisliineut.
Injuring lands a
misdemeanor.
Punislinieut.
Persons subject
to road duty.
Road duty.
Proviso: commu-
tatioti.
Residence defined.
Proviso: trustees
may abolisii road
duty.
Supervisor to
warn out hands.
Failure to dis-
charge road duty
a misdemeanor.
to euter upou auy lands not encumbered by crops near to or ad-
joining such roads, to cut and carry away timber, except trees
or groves on improved laud planted or left for ornament or shade ;
to dig or cause to be dug and carried away auy gravel, sand. cl;iy.
marl or stone which may be necessary to make, improve or repair
said roads, and to enter on any lands adjoining or lying near the
roads to make such drains or ditches through the same as he may
deem necessary for the benefit of the roads, doiug as little injui-y
to said lands and improvements thereon and timber as the nature
of the case and the public good will permit; and the drains or
ditches so made shall be conducted to the nearest water course,
ditch or drain, and shall be kept open by the supervisors; and
if the owner or occupier of said land or any other person shall ob-
struct or divert the ditches and drains so constructed he shall be
guilty of a misdemeanor and shall be fined not exceeding fifty dol-
lars or imprisoned not exceeding thirty days ; and if the supervisor
shall willfully injure any cultivated or improved land by failure
to conduct said drains and ditches to the nearest water way. ditch
or drain, and keep said drains and ditches in repair, he shall be
.guilty of a misdemeanor and shall be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days.
Sec 7. That all able-bodied male persons between the ages of
twenty-one and forty-five years, except those permanently dis-
abled or exempted, of this State, shall be liable annually to do
and perform four days' labor on the public roads under the direc-
tion of the supervisor of the road district in which he shall re-
side: Provided, that if any person being warned, as hereinafter
provided, shall pay to the supervisor in whose district he may
reside the sum of one dollar for each day's labor required by this
act, the same shall be received in lieu of each day's labor and
shall be applied by the supervisor receiving the same to the im-
provement of the roads of the district and accounted for by the
supervisor as hereinafter provided. That for the purpose of this
section, the residence of any person who has a family shall be
held to be where his family resides, and the residence of any
other person shall be held to be where he boards in the road
district in his township : Provided, that the road trustees of any
township may abolish a part or all of the four days' labor required
by this section.
Sec. S. That it shall be the duty of every supervisor to oi-der
out every person liable for road duty, resident as aforesaid, be-
tween the first day of May and the first day of December, an-
nually, to do and perform the work aforesaid on the public roads
within the district; and if any such resident, being personally
warned by such supervisor or by leaving a written notice at his
usual abode, shall refuse or neglect, having had at least two days'
notice, to attend by himself or an able-bodied substitute accept-
1909— Chapter 423. 599
able to the supervisor, or having attended, shall refuse to obey
the directions of the supervisor, or shall spend his time in idle-
ness or inattention to the duties assigned him. he shall be guilty
of a misdemeanor, and upon conviction shall be flned not less Punishment.
than five nor more than fifty dollars, or shall be imprisoned not
less than five nor more than thirty days: Provided, that no person Proviso: neglect
shall be released from the performance of the labor on the public °l Ixcuse'hands.^
roads by reason of the neglect of any supervisor to order out such
person on or before the first day of December, as herein pro-
vided.
Sec. !). That in case any person shall move from any district to Removal,
another, who has prior to such removal performed the whole or
any part of the labor aforesaid, or in any other way has paid
the whole or any part of the amount aforesaid in lieu of such
labor, every such person who shall produce a certificate from the
supervisor of the district from whence he removed shall be com-
pletely discharged from the amounts specified in such certificate.
Sec. 10. That any person called upon to perform any of the Days work,
labor upon the public roads under any provision of this act shall
by himself or substitute appear at the place appointed by the
supervisor at the hour of seven o'clock in the forenoon, with such
necessary tools and implements as the supervisor may direct,
and shall work until six o'clock in the afternoon, with the ex-
ception of one hour for dinner. The supervisor may, if necessary Teams and Imple-
for the improvement of the roads, order any person subject to '"s"*'*-
road duty owning the same to furnish a team of horses, mules or
oxen, wagon, cart, plow or scraper to be employed or used on the
roads under the direction of the supervisor.
Sec. 11. That it is hereby made the duty of the several super- Supervisors to
visors within their respective districts to prosecute all offenses Prosecute.
against the provisions of this act that are not otherwise herein
provided for.
Sec. 12. That the several supervisors shall expend all moneys supervisors to
by them collected for the benefit of the roads in their respective '^^Ps'^d money,
districts, and everj- supervisor is hereby required to account to Accounts.
the road trustees of the township, at their quarterly meetings on
the first Saturday in May, August, November and February, for
all moneys expended under this act, and they shall also return a
full and true list and statement of the names of all persons within
their respective districts who have been ordered out to perform
the labor required by this act, and the number of days performed
by each, and also the names of those who have refused or neglected
to perform the same, and the names of all persons prosecuted by
them for the violation of the provisions of this act, and the of-
fense or offenses for which such persons were prosecuted. They Reports ol con-
shall also make a written report to said road trustees at the '^'^'^^ °^ ^^^'^^'
me(!tings aforesaid of the condition of all the public roads in their
600
1909— Chapter 423.
Notice for filing
reports and
accounts.
Failure to file a
misdemeanor.
False reports or
accounts perjury.
Punishment.
Road money to be
paid over.
Footbridges.
Post and guide-
boards.
Penalty for injury
to.
Tools and imple-
ments.
respective districts, aud if any of said roads are in bad condition,
tlae reason why tlie same liave not been placed in repair. Ttiey
sliall also render an account to said road trustees at said meetings
of all the moneys that remain in their hands, and the reports and
statements required by this section shall be verified by said super-
visors and filed with the board of road trustees and spread upon
their minutes by the secretar3''-treasurer. If any supervisor shall
fail to malce the reports or render the statements and accounts
required by this section at the meetings aforesaid, the said board
of road trustees shall cause a notice to issue to said supervisor
requiring him to file the same with its secretary-treasurer within
ten days after receiving said notice, and if he shall fail or refuse to
file the same within said time he shall be guilty of a misdemeanor ;
and any supervisor who shall willfully file a false report or render
a false account or statement under this section shall be guilty of
perjury, aud upon conviction shall be fined or imprisoned in the
discretion of the court.
Sec. 13. That all road moneys that remain in the hands of any
supervisor at the time of his final settlement with the road
trustees at the expiration of his term of office shall be paid over
by said supervisor to the secretary-treasurer of the board of road
trustees, aud the said secretary-treasurer shall pay the same over
to the succeeding supervisor as soon as such successor shall be
elected and qualified.
Sec. 14. That the supervisors of the public roads be and they
are hereby authorized aud directed to construct footbridges across
streams on all public roads within their respective districts, where
no bridges have been constructed and where the streams are more
than four feet in width.
Sec. 15. That each supervisor within his district shall erect
aud keep up at the expense of the township, at the forks or
crossing of public roads, a post and guideboard or finger-board
containing an inscription in legible letters directing the way and
distance to the town or towns or other public place or places
situated on each road, respectively. The post and guideboard
or finger-board aforesaid shall be furnished to the supervisor by
the board of road trustees of his township. If any person shall
willfully demolish, throw down, alter or deface any such post
or guideboard, every person so offending shall, upon conviction
before a justice of the peace, be fined not less than ten dollars nor
more than fifty dollars or imprisoned not less than ten days nor
more than thirty days.
Sec. 16. That the road trustees of the several townships within
said county be and they are hereby authorized to furnish plows,
scrapers and other tools for the use of the several road districts
within their township, to be paid for out of any moneys in the
township treasury for road purposes not otherwise appropriated.
The road trustees shall take a receipt from each supervisor for
1909— Chapter 423. 601
such implemeuts as they may deliver to him, showing the mimber,
Uiud aud conditiou thereof ; aud such supervisor shall be liable Liability of
for any injury or damage that may result to such implements supervisors.
or to any of them by. improper use thereof or by unnecessary ex-
posure to the weather during the time the same may be in his
possession, and he shall on the first Saturday in May, annually,
return the same to said road trustees. The amount for which Recovery,
such supervisor may be liable for such improper use or neglect
may be recovered by an action in the name of the road trustees
against such supervisor, or may be deducted by said road trustees
from the amount which they may owe him for services as super-
visor.
Sec. 17. The road trustees of each township shall have juris- Cartways.
diction over cartways, and may order the laying out or dis-
continuing of same; but all such cartways shall be laid out and
established according to the provisions of section two thousand six
hundred and eighty-six of the Revisal of one thousand nine hun-
dred and five, and shall be discontinued according to the pro-
visions of section two thousand six hundred and ninety-four of
said Revisal.
Sec. is. Whenever any persons shall meet each other on any Rule of the road,
bridge or public road, traveling with carriages, wagons or other
vehicles, each person shall reasonably drive his carriage or vehicle
to the right of the middle of the traveled part of such bridge or
road, so that the respective carriages or other vehicles aforesaid
may pass each other without interference. Every person offending violation a mis-
against the provisions of this section, willfully and intentionally, ^meanor.
shall be guilty of a misdemeanor, and upon conviction shall be Punishment,
fined not less than five dollars nor more than fifty dollars or im-
prisoned not more than thirty days.
Sec. 10. Any person engaged in hauling or transporting saw Snaking logs a
logs or other timbers on any of the public roads of said county
who shall transport or cause to be transported by means of chains,
grab hooks or other means to be made to slide on the roadbed by
a method known among lumbermen as "snaking" logs, shall be
guilty of a misdemeanor, and upon conviction shall be fined not Punishment.
exceeding fifty dollars or imprisoned not more than thirty days.
Sec. 20. That each and every supervisor who shall cut and take Certificates for
away timber, stone, clay, marl, sand or gravel for the purpose of "^^^-^"^ •
making, improving or repairing any road or building or repairing
any bridge or crossway within his district shall, on demand of
the owners of the land, their agent or agents, or the guardian
of any ward or the executor or administrator having the land in
charge, from which timber, stone, gravel or other material was
taken aforesaid, shall give a certificate showing the quantity of
such timber, stone, gravel or other material, with the value thereof,
respectively, and the time and purposes for which the same was
602
1909— Chapter 423.
Presentation and
payment of
certificates.
Emergency work.
Payment for
emergency work.
Roads on town-
ship lines.
Bridges, ferries
and fords.
Bridges kept up
by townships.
. Bridges kept up
by county.
Speed over
bridges.
takeu. Any persou or persous who shall have received a certiticato
as hereiu provided shall present the same to the board of road
trustees ot the proper township at any regular session of said
trustees within six mouths after the takinj^ or carrying away of
such timber, stone, gravel or other material, and if the said
trustees are satisfied that the amount specified in said certificate
is just and equitable, they shall cause the same to be paid out of
the township treasury ; but if not so satisfied, they shall determine
what sum. in their opinion, would be just, and pay or tender same
to claimant.
Sec. 21. That at any time during the year when any public
roads shall be obstructed by dangerous washouts or in any other
manner, it shall be the duty of the supervisor of the district in
which the same may be, forthwith to cause such obstruction to
be moved, for which purpose he shall iunuediately order out such
number of persons liable to road labor upon the public roads of
his district as he may deem necessary to remove said obstruction.
If the person or persons thus called out shall have performed their
days of labor upon the public roads, the supervisor shall give to
such person or persons a certificate for the amount of labor per-
formed, and upon presentation of the same to the secretary-
treasurer of the board of road trustees of the township the said
secretary-treasurer shall pay said person at the rate of one dollar
per day for the number of days or parts of days specified in said
certificate.
Sec. 22. That in case any public road is or shall be established
as a part of the line or boundary between any townships in said
county, the road trustees of such adjoining townships shall meet
at some convenient place as soon after the first Saturday in May
as is convenient and apportion said road between the townships
as justice and equity may require.
Sec. 23. The county commissioners shall have supervision and
control of the bridges, ferries and fords in said county except
as otherwise provided in the next succeeding .section. They shall
have full power to contract for the building and repairing of
bridges, shall determine the kind of material to be used, and shall
provide for the building of bridges and the keeping in repair of
those already built by a uniform tax upon the county as herein-
after authorized.
Sec. 24. The road trustees of the various townships of said
county shall build and keep in repair all bridges on the public
roads in their respective townships, wherever the same are neces-
sary, when the span of said bridge shall not exceed eight feet in
length, and the county commissioners of said county shall build
and keep in repair all bridges in excess of said length.
Sec. 25. The county commissioners shall have erected at each
end of all bridges under their supervision and control signboards
1909 — Chapter 423. * G03
with the words "go slow" iu large, legible letters, and anj^ person
who shall willfully ride any animal, or who shall drive any
vehicle faster than a walk over such bridges, shall be guilty of a Misdemeanor.
misdemeanor, and on conviction shall be fined not less than five Punislimeiit.
dollars nor more than fifty dollars or imprisoned not more than
thirty days.
Sec. 26. That for the better enforcement of the preceding sec- Rew anis.
tion the board of county commissioners shall have the right to
offer a reward in a sum not exceeding ten dollars, for the arrest
and Conviction of any person who shall violate the provisions of
said section, which reward shall be paid out of the bridge funds
of the county: Procided, that if the person convicted before a Proviso: appeals.
justice of the peace of said offense shall appeal to the Superior
Court of said county, said reward shall not be paid until after the
person so convicted shall have been convicted iu the Superior
Court.
Sec. 27. That if any person or corporation, for the purpose of Drains acro.s.s
draining laud or for any other purpose whatever, shall construct
auy ditch, drain or canal across any public road in said county, it
shall be the duty of such person or corporation to build a bridge
across said drain, ditch or canal and keep the same, together
with the approaches thereto, in good repair. And any person or Notice of failure.
persons or corporations who shall fail to perform the duties im-
posed upon him or them by this section, having been warned by the
supervisor of the road district by leaving a written notice at his
residence, or the residence of his agent, or having been notified Failure a misde-
verbally and failed to perfoi'm said duties acceptable to the super- "^^^"°'^-
visor within five days after receiving said notice, shall be guilty
of a misdemeanor, and upon conviction shall be fined not less Punishment.
than ten dollars nor more than fifty dollars or imprisoned not
less than ten days nor more than thirty days ; and each three days Additional offense.
such failure is continued shall be an additional ofCense against
this section.
Sec. 2S. That if the board of county commissioners or the town- Failure to keep up
ship road trustees, as the case may be, shall fail to build or keep ^"anor^ "ii.sde-
in repair the brid.ges provided for in this act iu accordance with
the provisions of section twenty-four, defining their duties, they
shall be guilty of a misdemeanor, and upon conviction shall bo Puni.shmeni.
fined or imprisoned in the discretion of the court; and it is hereby solicitor to prose-
made the duty of the solicitor of the judicial district in which said '"'*'•
county is situated to prosecute all such offenses.
Sec. 29. That all railroad companies and other corporations corporations to
shall build and keep up at their own expense all bridges and ^^^^ "^ bridges,
crossings over public roads which they have made it necessary
to be built or made in establishing their respective I'oads, and Failure a mi.sde-
on their failure to do so shall be guilty of a misdemeanor and Punishment
fined in the discretion of the court, and shall forfeit and i)ay Forfeit,
twenty-five dollars for each ten days they shall fail to perform
the duties imposed by this section.
604
1909— Chapter 423.
Guideposts at
fords.
Injuring bridges a
misdemeanor.
Punishment.
Damages to use of
bridge funds.
Injuring sign-
boards or guide-
posts a misde-
meanor.
Punisliment.
Levy of road tax.
Tax paid over to
townsliip trustees.
Certificate for
additional tax.
Levy and collec-
tion.
Sec. 30. That the couuty commissioners shall haA^e erected guide-
posts in the edge of the water at each entrance of dangerous
fords on the public roads of said county. The depth of the water
in the ford at low water shall be marked at the water line on the
post, and beginning with that figure each post shall be numbered
to the top of the post, and the expense of erecting said guideposts
shall be paid out of the bridge funds of the couuty.
Sec. 31. That if any person or persons shall willfully or negli-
gently injure, demolish or tear down any of the public bridges of
said county by running any boat or raft against the same or by
cutting trees or timber in the rivers or creeks above such bridges,
or by any other means or in any other manner whatever, such
person or persons shall be guilty of a misdemeanor and fined or
imprisoned in the discretion of the court ; and such person or per-
sons shall further be liable in damages in an action to be instituted
in the name of the State on relation of the board of county com-
missioners, and any and all damages recovered in such action or
actions shall belong to the bridge funds of the county.
Sec. 32. That if any ijerson or persons shall willfully or negli-
gently injure, demolish or tear down any of the signboards pro-
vided for in section twenty-five of this act, or any of the guide-
posts provided for in section thirty, every such person or persons
shall be guilty of a misdemeanor and fined not less than ten dol-
lars nor more than fifty dollars or imprisoned not less than ten
nor more than thirty days.
Sec. 33. That the county commissioners of said county are
hereby authorized and directed to levy, at the June session of their
board, annually, for public-road purposes, not less than ten cents
nor more than thirty cents on the one hundred dollars' worth of
property, and not less than thirty cents nor more than ninety
cents on the poll, and the clerk of the county commissioners shall
place the same on the tax list of the current year, to be included
in and collected in the annual taxes. The tax thus levied and
collected shall be paid over by the sheriff of said county to the
secretary-treasurer of the board of road trustees of the respective
townships, according to the pro rata of said tax paid by each
township, respectively. That if the road trustees of any township
shall deem an additional tax necessary, they shall determine the
per centum to be levied upon the taxable property of their respec-
tive townships, not exceeding twenty cents on the one hundred
dollars' worth of property and sixty cents on the poll, and shall
certify the same to the chairman of the board of county com-
missioners in writing on or before the first Monday in July in
each year ; and the board of county commissioners, at their July
meeting, shall levy the same on the taxable property of such
township or townships, and the same shall be placed upon the tax
list by the clerk of the board of county commissioners, collected
1909 — Chaptek 423. 605
by the sheriff as other taxes, and paid over by him to the secretary-
treasurer of the board of road trustees of the township for whicli
such taxes were levied and collected : Provided, that in no case Proviso: limit of
tax
shall the total of taxes levied for road purposes exceed thirty cents ' '
on the one hundred dollars valuation of property in any township
for any one year. The secretary-treasurer of the board of road
trustees of any township to whom moneys are paid by the sheriff
under this section shall execute to the sheriff' a receipt in duplicate
for such moneys, one of which shall be filed by the sheriff with
the board of county commissioners when making his settlement
for the taxes collected under this section.
Sec. 34. That the secretary-treasurer of the board of road trus- Reports of secre-
tees of each township shall report to the board all moneys received ^""J -•treasurer.
by him from the sheriff under the preceding section, and the said
road trustees, in determining the division of this fund among the Division of fund.
several districts of the township, shall be governed, not by the
miles of road in said district, biit by the necessities of roads,
the conveniences of getting material and the quantity of material
necessary to make substantial repairs, and thus make a just and
equitable division of the said fund among the several districts :
Provided, that in making said apportionment the said road trus- Proviso: reserva-
tees shall hold in reserve a sum sufficient to pay the salaries, ^^°" *^^ salaries.
fees and commissions provided for in this act.
Sec. 35. That the road funds, as apportioned under the preced- Funds paid over
, . , ,, -, ^. ^ ^. , . , , ^, . to supervisors.
mg section, shall fi'om time to time be paid over by the secretary-
treasurer to the supervisors of the various road districts, who
shall expend ttie same upon the public roads in their district in
the way and manner provided for in this act ; and the said super- Receipts,
visors, upon receiving money from the secretarj^-treasurer, shall
execute to him a receipt therefor in triplicate, to be marked
"original," "duplicate" and "triplicate," respectively; the original
to be retained by the said secretary-treasurer, the duplicate to be
filed in his settlements with the road trustees, and the triplicate
to be filed with the board of county commissioners in the settle-
ments to be made with said board as hereinafter provided. That Road orders.
any moneys paid out by said secretary-treasurer except those
paid to the supervisors under this section and those paid out upon
the certificate of the supervisors as provided for in section twenty-
one of this act, shall be paid out only upon the order of the board
of road trustees upon presentation by claimant of an itemized
statement of his claim, which must be verified by him or his agent
before the chairman of said board. All moneys paid out upon
claims allowed by the board shall be receipted for in ihe same
manner as moneys paid to the supervisors, and the receipts filed
as provided for the receipts of supervisors.
Sec. 36. That the secretary-treasurer of the board of road trus- Settlements,
tees of each township shall make a settlement with said board
G06
1909— Chapter 423.
Notice for settle-
ment.
Failure to make
settlement a
misdemeanor.
Puni.'^hnient.
Settlements with
county fommis-
sioners. •
Notice for settle-
ment.
Failure to make
settlement a mis-
demeanor.
Punishment.
Reports to
solicitor.
Levy of bridge
tax.
Expenditure.
Bonds of .secre-
tary-treasurer of
townships.
at their May and November meetings, showing his receipts and
disbursements in full for the six mouths prior thereto, which
settlement shall be approved by and recorded upon the minutes
of the board; and if such secretary-treasurer shall fail to make
said settlement at the time herein provided, the said board,
through its chairman, shall cause a notice to issue to such secre-
tary-treasurer to appear before said board at a time and place
therein mentioned, which shall be not more than tiftoen days from
the date of said notice, and make said settlement ; and if said
secretary-treasurer shall fail to appear and make said settlement
as directed by said notice, he shall be guilty of a misdemeanor,
;ind upon conviction shall be fined or imprisoned in the discretion
of the court.
Sec. 37. That in addition to the settlement required by the
preceding section, the secretary-treasurer of the board of road
trustees of each township shall also make a settlement with the
board of county commissioners of said county at their May and
November meetings, showing his receipts and disbursements in
detail for the six months prior thereto, and shall produce and
file receipts for all disbursements, which settlement shall be ap-
proved by and placed upon the minutes of the board; and if any
secretary-treasurer shall fail to make said settlement at the time
herein provided, the said board, thi-ough its clerk, shall cause
a notice to issue to such secretary-treasurer to appear before said
board at their next monthly meeting and make said settlement,
and if said secretary-treasurer shall fail to appear and make said
settlement as dii-ected by said notice, he shall be guilty of a mis-
demeanor, and upon conviction shall be fined or imprisoned in the
discretion of the court; and it is hereby made the duty of the
chairman of the board of county commissioners to report the names
of all such delinquents to the solicitor of the .judicial disti'ict in
which said county is situated.
Sec. 38. That the board of county commissioners of said county
are hereby authorized and directed to. levy, annually, at their
June session, for bridge purposes, a tax not exceeding twenty-
five cents on the one hundred dollars valuation of property, and
seventy-five cents on the poll, and the same shall be placed by the
clerk of said board upon the tax list for the current year, to be
included in and collected in the annual taxes. The taxes thus
levied and collected shall be expended under the direction of the
board of county commissioners in building and repairing bridges
and in improving fords.
Sec. 39. That the bond of the secretary-treasurer of the board
of road trustees of the riespective townships, as provided for in
section three of this act, shall be in an amount to be fixed by the
board, which in no case shall be less than four hundred dollars,
and the said bonds, when given, shall be deposited by the chair-
1909 — Chapter 423. 607
man of said board with tlie register of deeds of said county, who
shall record the same in the bond book of the county, and shall
receive such fees therefor, to be paid out of the township road
funds, as are now allowed by law for recording other official
bf)nds. That whenever a majority of the members of the board Actions on bond.
of road trustees shall have knowledge or a reasonable belief of
any breach of said bond, an action shall be prosecuted thereon
in the name of the State on relation of the chairman of said
board : Provided, that if the board of county commissioners of Proviso: action by
said county shall have knowledge or a reasonable belief of any sij)^'ers.*^°™"^'^"
breach of said bond, they shall notify the board of road trustees
of such township, stating the grounds of such Ivnowledge or belief,
and if the chairman of said board shall refuse or neglect to in-
stitute an action, as in this section provided, within sixty days
from the receipt of such notice, the same shall be prosecuted on
relation of the board of county commissioners.
Sec. 40. That the secretary-treasurer of the board of road trus- Pay of secretary-
tees of each township, in addition to the fees hei-ein provided for
as a member of the board, shall receive three per cent commission
on all moneys paid over to him by the sheriff of said county under
section thirty-three of this act. and shall also be allowed one dol-
lar for each settlement made with the board of county commis-
sioners under section thirty-seven of this act.
Sec 41. That the members of the board of road trustees of the Pay of road
trustee*
various townships, in addition to the fees hereinbefore provided
for. shall each receive two dollars per year for making the reports
))rovided for in section three of this act.
Sec. 42. That the justices of the peace of the respective town- Pay of justices.
ships shall receive one dollar each for meeting and electing the
road trustees, as provided for in section two of this act, and shall
also be exempt from the four days' labor ])r()vided ff»r in section
seven of this act.
Sec. 43. That eacli supervisor shall receive for his services not Pay of super-
exceeding one dollar and fifty cents per day, to be determined by^'^°'^'''"
the board of road trustees of the township, for the time actually
emploj'^ed on the roads, deducting the commutation of the four
days of labor required in such township: Provided, that if any Proviso: less than
supervisor shall work less than five hands per day, he shall not ^^'^ hands,
receive more than one dollar for such day and shall work him-
self ; and it is hereby made the duty of each supervisor to include
in the report provided for in section tw('lv(> of this act the num-
ber of days that he has been actually employed on the roads of
his district, and shall specify the number of days that he has
worked less than five hands. Each supervisor shall also receive
four dollars per year for making the reports provided for in sec-
tion twelve of this act.
Sec. 44. That the supervisors of the various I'oad districts are Employment of
authorized and empowered to employ able-bodied male persons hands and team
608
1909— Chaptek 423—424.
Pay of civil
engineer.
OflScers.
Funds and prop-
erty on hand to
be turned over.
Neglect of duty a
misdemeanor.
Punishment.
Solicitor to prose-
cute.
Application of act.
When act
effective.
to work on the public roads of their districts at the usual and
customary wages, and to contract for all necessary teams, tools
and materials at the usual and customary prices, and may furnish
any teams, tools and materials of his own at such prices.
Sec. 45. That no civil engineer employed by the road trustees
under this act shall receive more than three dollars per day.
Sec. 46. That no justice of the peace shall be elected to the
office of road trustee or supervisor, and no road trustee shall act
in the capacity of supervisor.
Sec. 47. That all funds, books and papers remaining in the
hands of the road trustees of the various townships under the
present road law, at the time this act becomes effective, shall be
turned over by said trustees to the trustees first elected under
this act immediately after their qualification.
Sec. 48. That each and every person who shall neglect or refuse
to perform the several duties imposed by this act, where the punish-
ment is not otherwise provided for, shall be guilty of a misde-
meanor, and upon conviction thereof shall be fined or imprisoned,
or both, in the discretion of the court ; and it is hereby made the
duty of the solicitor of the judicial district in which said county
is situated to prosecute all offenses against the provisions of this
act.
Sec 49. That this act shall apply only to the county of Polk,
and shall not apply to the township of Cooper's Gap, in said
county, except so much thereof as relates to bridges and fords,
and the taxes provided for bridge purposes.
Sec 50. That all laws and clauses of laws in conflict with this
act ai"e hereby repealed.
Sec 51. That this act shall be in force from and after the
twenty-fourth day of April, one thousand nine hundred and nine.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 424.
AN ACT FOR THE WORKING OF THE PUBLIC ROADS IN
HERTFORD COUNTY.
Public roads and
ferries.
Power and
authority of
supervisors.
Order for laying
out or discontinu-
ance of roads.
The General Assenihly of North Carolina do enact:
Section 1. That all roads and ferries that have been laid out
or appointed by virtue of any act of Assembly or any order of
court are hereby declared to be public roads and ferries, and the
supervisors of the roads in each township shall have the super-
vision and control of the public roads in their respective townships,
and shall have full power and authority, within their respective
townships, to order the laying out of public roads where necessary
1909— Chaptek 424. 609
and to discontinue such roads as sliall be found useless ; but no Notice of order.
such order shall be made until a like notice is given as is required
by the general law of the State, but such notice shall be made
to conform to the provisions of this act. Any party feeling ag- Appeals.
grieved may, within ten days after such order, appeal therefrom Notire of appeal.
to the board of county commissioners by serving a written notice on
the secretary of the board and on the party, or his attorney.
asking for the order, and upon giving an undertaking payable to Boiul on appeal.
the appellee in the sum of one hundred dollars, with sufficient
sureties, conditioned to pay all costs which may be awarded against
the appellant on said appeal: Provided, when the appellant is Proviso: appeal in
'^ , ,, , , , • torma pauperis,
unable to give the undertaking he may be allowed to appeal m
forma pauperis, as in other cases allowed by statute, "fhe com- Costs.
missioners may direct in their order how the costs shall be paid.
On appeal the secretary shall, if appellant complies with this act. Record on appeal.
send up all the papers in the case and a copy of the order of the
board, and make a memorandum on his record of said appeal.
Sec. 2. That the board of county commissioners shall provide County commis-
, . . . , J. .. . 1 , JO. sioners to provide
a suitable room in each township in said county tor the board to room for meetings.
hold its meetings. The meetings in Mauuey's Neck Township shall Meetings.
be held in Como ; in Murfreesboro Township, in Murfreesboro ;
in St. John's Township, in St. John; in Ahoskie Township, in
Ahoskie; in Winton Township, in Winton, and in Harrellsville
Township, in Harrellsville.
Sec. 3. That the Board of Road Supervisors of Hertford County Board of road
shall consist of three persons in each township in said county, to 'Supervisors.
be appointed by the board of commissioners of said county on the Appointment.
first Monday in March, one thousand nine hundred and eleven,
and biennially thereafter, who shall hold their office for the term Term of office,
of two years from the date of their appointment and until their
successors are appointed and sworn in office, who shall be known
as the board of road supervisors for the township for which they
are appointed, and said board of road supervisors shall fill all Vacancies.
vacancies occurring in said board ; and that until appointments are supervisors
made by said board of commissioners under this act, the following "^'^^' •
persons shall constitute the boards of road supervisors in the sev-
eral townships, as follows : Mauney's Neck Township, J. B. Wor- Manney'.s Neck.
rell. W. T. Taylor, J. D. Riddick ; Murfreesboro Township, Edgar Murfreesboro.
Britt, J. J. Parker, Joe K. Parker ; St. John's Township, Douglas St. .Johns.
Parker, W. J. Vaughau, T. J. Teaster ; Ahoskie Township. W. J. Ahoskie.
Sumner, Paul Britt, J. W. Powell ; Winton Township, J. P. Hel- Winton.
leman. B. G. "Williams, E. O. Hines; Harrellsville Township, C. M. Harrellsville.
Cullens, W. E. Jordan, Edmond Jones. That whenever any duty Duties under
, „ . ^ -. , XI 1 J general law.
is imposed on the board of supervisors of roads by the general road
law of the State or by this act, such duties shall be performed
by the boards hereby created.
Pub.— 3!)
610 1009— Chaftek 124.
Annual meetings Sec. 4. That said board of road supervisors sliall meet on Satnr-
and°apporttoi°-" *^^y before the second ^louday in March, one thousand nine Imn-
"i*?"^- dred and nine, and annually thereafter, in their respective town-
Organization, ships, and after being duly sworn shall organize by electing one
of their number chairman and one of their number seci'etary, or
the secretary may, if the board deem advisable, be selected from
Apportionment of the body of the township. They shall at said meeting apportion
'^"^ ^' among themselves and as they deem pi'oper, the different roads
of their respective townsliips for their inspection and supervision,
as hereinafter set out.
Annual meeting Sec. 5. That said board of road supervisors shall again meet
repoits^and'otlier t)n Saturday before the second Monday in August, one thousand
business. j^jj^g hundred and nine, and annually thereafter on Saturday be-
fore the second Monday in August, in their respective townships,
to receive the reports /)f road overseers in their respective town-
ships and to receive reports from each of their said members as
to the condition of the roads apportioned for their inspection and
supervision, and to pass upon the same ; to hear complaints of any
and all persons who may desire to complain ))efore the board as to
the failure of any road officer in the township to perform his duty
or of the condition of any public road in the township, to hear
suggestions from .my person or persons as to the best and proper
mode of repairing such roads, and to hear and consider any other
business within its jurisdiction properly brought before it, and also
to perform such duties as the general law of the State requires.
Inspection of and Sec. G. That each supervisor shall, witliin ten days before each
repor on roa h. meeting of the board of road supervisors on the Saturday before
the second Monday in March and August, go over and personally
inspect the whole of every iiublic road in his township which
shall have been apportioned to him for his inspection and super-
vision, and examine the condition of all public bridges and private
bridges across public roadS, and at the ensuing meeting of the
board shall report in writing the condition of each road, of the
public bridges and of private bridges aforesaid, with such sug-
gestions as he may deem proper as to the needed repairs on the
same, and of the failure of any road overseer to properly perform
Notice for repair his duty. Should it appear to the board that any private bridge
o pnva e n ges. .^^^.^gg ^^^y p|^,|)iic road is unsafe or needs repair, the board shall
at once, or as soon as practicable, cause written notice to be
served on the party whose duty it is under the law to repair said
bridge, and report the same to the road overseer, who shall examine
said bridge, and if found unsafe or improperly repaired, said over-
seer shall report the same at once to the chairman of the board
of I'oad supervisors, who shall report the matter to the next
meeting of his board or call a special meeting of the board to
consider the matter, should same be of sufficient importance, when
notice shall be given the party whose duty it is to Iceep up said
bridge to show cause why an order should not be made by the
1909— Chapter 424. . 611
board directing the overseer to fill up the stream or ditch and
remove said bridge or repair the same at the owner's expense,
or comply with such other order as said board shall deem just
and proper to protect the traveling public against harm in con-
sequence of such defective bridge across the public road; the cost
to be paid by the person whose duty it is to keep in repair the
bridge, should the supervisors find that the bridge needed repairs
or additional repairs, otherwise the county shall pay the cost :
Provided, nothing herein shall exempt a person whose duty it is
to keep up such bridge from indictment under the laws of the
State for failure to perform his duty to the public in the matter,
or to excuse him from any action for damages. If the board is Notice to county
satisfied that any public bridge except those under the control re^^'ofbddges.'^
of the overseer or board of supervisors is out of repair, they
shall cause notice thereof to be given the board of county com-
missioners at their next meeting, who shall have all necessary
repairs made under penalty of failing to perform their public duty:
Prorided, that this shall not relieve the county commissioners Proviso: county
from looking after said bridges as required by the general law of ^eUefed^^'^'^^^ "°*
the State. If the board shall be satisfied that any overseer has Arrest of over-
failed to perform his duty, the chairman shall cause a warrant to ^6^^^-
be issued for the arrest of said overseer, and have him brought
before a justice of the peace of an adjoining township to be
dealt with according to law. The report of the road supervisor
shall iu all cases be received in evidence where pertinent, and
shall be itresumptive evidence of the facts it contains : but the
presumpticm may be rebutted by proper and sufficient evidence.
Sec. 7. That said board of road supervisors shall, at each of Reorganization.
their succeeding meetings held on the Saturday before the second
Monday in March, reorganize by electing one of their number
chairman and one of their lumiber secretary, or said secretary
may be chosen from the body of the townshi]). and the secretary Record of pro-
so elected shall keei) an accurate record of the ])roceediugs of each ceedinK.^;.
session of the board in a well-bound book to be kept for that
purpose and to be styled "Record of Road Sui»ervisors" of the
township iu which it is kept. Said book shall be furnished by the
county connnissioners at the expense of the county; and the said
record book so kept shall ho competent evidence in all courts.
The secretary. I)ef()r(' he shall be allowed to act. shall take an oath Secretary to be
that he will faithfully discharge the duties of the office and that he ^^'om-
will take care of and preserve such records and all pa])ers left
witli him by color of and by virtue of his said office, and at the
end of his term of office that he will turn the same over to the
successor or to anyone else authorized by said ])oard to rtneive
thera. lie may be removed from office at the discretion of the Removal for
board of road sui)ervisors. Any failure on the part of such secre- paiiure to per-
tarv to perform his duties under this act siiall make him jjiijity form duty a mis-
• demeanor,
uf a misdemeanor. When the recfird itook is fillwl it sh;ill be
612
1909— Chapter 424.
Special meetings
of supervisors.
Notice to over-
seers or persoas
failing to dis-
cliarge duty.
Failure to per-
form duty a mis-
demeanor.
Punishment.
Report of money
needed.
Levy of road tax.
Limit.
Collection.
Payments.
Use of funds.
returned to the county commissioners and filed in the register of
deeds' office as a permanent record of the county, and another and
similar boolj furnished the said secretary.
Sec. S. That said board of road supervisors may hold special
meetings not oftener than once in three months, if in their dis-
cretion the same are necessary, and the number to be determined
upon and the time for holding same shall be settled by the board
of road supervisors at the meeting held by them on Saturday
before the second Monday in March of each year ; but when
the number of times for holding said meetings shall have once
been fixed they shall continue until changed at one of their said
annual meetings, and if it shall be made to appear to the satisfac-
tion of the said board or to the supervisor who may have in
charge the said road complained of, that any road overseer or other
person has failed to perform his duty in regard to the working
and keeping in repair of the said roads, then they shall cause
a notice to be served on such overseer, person or persons, by the
secretary of said board, to comply with the law in such case without
unnecessary delay. A written notice signed by said secretary and
left with said overseer, person or persons, or at their residence
or regular place of business, shall be a sufficient notice for the
purpose herein set out. Any person failing to perform his duty
after such notice 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. 9. That the board of road supervisors, at their meeting
held on the Saturday before the second Monday in March of any
year, shall determine how much money they will need during the
following twelve months to repair the public roads in their respec-
tive townships, in places where the ordinary system of working
the road hands is insufficient, and report the amount to the board
of county commissioners on or before the first Monday in June
of each year, who shall, upon such recommendation, levy a tax on
the property and polls in said township sufficient to raise the
amount of money reported necessary, including the expense of
collecting and paying out the same, which said levy shall in no case
exceed ten cents on the one hundred dollars' worth of property
and thirty cents on the poll. Said tax shall be collected as other
taxes and paid over to the treasurer of the county, who shall
place it to the credit of the board of road supervisors in the
township in which it was collected, to be paid out only upon the
written order of the said board of road supervisors, which order
shall be signed by the secretary and countersigned by the chair-
man of the said board of supervisors ; and said board of road
supervisors shall not draw on said funds except for paying for
such repairs made upon the roads of the township as they find
that the overseers are unable to properly and successfully repair
with the road hands under the general road law of the State, and
1909 — Chapter 424. 613
for such tools for repairing the roads as they may deem necessary
and proper to buy for the proper working and repairing of the
same. The collecting officer shall receive one and one-half per cent Commission of
on such taxes for collecting, and the treasurer one and one-half trea^su^rer.^"^
per cent for paying out said moneys. The official bonds of the Bonds of treasurer
county treasurer and several tax collectors of said townships in ^"*^ ^'^^ collector,
said county shall be responsible for the faithful performance of
their duties prescribed under this act. And to carry out the Road let to con-
provisions of this section for repairing said part of said road, *^^^'-
the board of supervisors may let the repairing of same to the
lowest contractor, if in their judgment it is to the best advantage
so to do, which work, if so contracted, shall be done under the
supervision of the road supervisor having such road in charge,
or, should they deem best, the board may authorize such super- Hire of hands,
visor to hire hands and have the work done and pay for same out
of any money to the credit of such township for that purpose.
The board of road supervisors shall not be compelled to ask for Road tax asked
such tax annually, but only when in their opinion such is ab- garj" "^^^ neces-
solutely necessary.
Sec. 10. That if any person shall move or build a fence or erect Encroachments on
any post out in any part of the land which has been used as any meaner™'^ ^~
part of the public road without first obtaining permission of the
board of road supervisors, he shall be guilty of a misdemeanor,
and in such case it shall be the duty of the overseer of that town- Removal of
ship to have such fence or other obstruction removed from said ° '^ ^^^ *°""
road at once, and the offending party shall be further liable for Penalty.
the penalty of twenty dollars for every such offense for the use
of the road fund in that township ; but any person feeling that he Petition for
has the right to move a fence out on laud which has been used encroachment.
as a part of the public road may file his petition with the board of
road supervisors in the township in which the land is situate, pray-
ing that he or she be allowed to move his or her fence out to a
certain line, and if said board shall find that the petitioner is so
entitled they shall grant an order to that effect. Any party dis- Appeal,
satisfied with the order of the board in such case may appeal to
the board of county commissioners.
Sec. 11. That any person, firm or corporation, who are not bona License for haul-
fide residents of said county, desiring to use any of the public t"niber.^ '°^^ ^"^
roads of a township in said county for carrying on his or its
business of hauling mill logs or timber or other heavy timber with
lo^ wagons, log carts and other heavy vehicles, shall first obtain a
license from the board of road supervisors of the township in
which he or they may desire to operate and make such use of
the roads, and by paying an annual license tax of fifteen dollars License fee.
for each wagon or cart or vehicle of the kind above described to
be used, which tax shall be paid to the secretary of the board, who
shall issue to him or them a license for the purpose above set out,
and shall at once forward to the treasurer of the county and place
614
1909— Chapter 424.
Violation of
section a crime.
Penalty.
Employment of
counsel.
Ob.'^tructing road.s
a misdemeanor.
PuitLshment.
Persons damaging
road to repair
same.
Failure a misde-
meanor.
Pvuiishiiient.
Fines to use of
road fund.
Proviso: payment
a bar to prosecu-
tion.
Fee for warning
hands.
Pay of super-
visors.
Road duty.
Pay for work over
six days.
to the credit of the board of road supervisors of that township,
to be usetl by the board as other funds for said township. Any
person viohiting this section shall be suilty of a crime, and liable
to a penalty of fifty dollars, to be recovered in an action by the
board of road supervisors for the township where the offense took
place, for the benefit of the road fund for that township. The
board may employ counsel to collect same, who shall be iiaid by
said board out of the funds belongins to tlie board of road super-
visors of that township.
8ec. 12. Xo person shall place and leave any lojjs. timber or
other obstructions in any public road without the permission of
the board of road supervisors. Any person violating this section
shall be guilty of a misdemeanor, and fined not more than fifty
dollars and imprisoned not more than thirty days.
. Sec. 13. That if any resident person, company or corporation
shall damage any public road, bridge or causeway, by hauling logs
or sawmill timber thereon, and shall not repair the damage done
thereto within five days after being notified of said damage by
the overseer of said road or by any member of the board of
supervisors of said township in which said damaged road is
situated, he shall be guilty of a misdemeanor, and shall be lined
not less than ten nor more than fifty dollars, or be imprisoned not
exceeding thirty days ; such fine or fines, when collected, sh.-ill be
paid to the treasurer of the county and shall be credited to the
road fund of that township in which said damage was done:
Prorided, if any person shall pay the damage assessed by the
board of road supervisors for injury to such road, bridge or cause-
way, within ten days from the time such assessment is made,
then such payment shall be a complete bar to any criminal
prosecution under this section, and if any criminal ])ro(eedings
shall have commenced in said criminal prosecution, such may be
ended by the defendant paying the costs necessarily incurred in the
said criminal prosecution and satisfying the court that said dam-
ages and all proper costs have been paid.
Sec. 14. That overseers of roads shall receive fifty cents for
notifying the road hands for each day engaged in notifying same,
and the members of the board of road supervisors shall receive
fifty cents each for each day actually engaged in the performance
of their duties under this act, all of which fees shall be paid
by the hoard of county commissioners out of the general fund of
the county, upon a duly executed warrant by the secretary and
countersigned by the chairman of the township board of road com-
missioners.
Sec. 15. That the overseers of roads in each township in Hert-
ford County are authorized, whenever necessary to keep in repair
their roads, to work the hands assigned to road duty on their
respective rt)ads as many as twelve days during each year : Pro-
ridcd, said overseers and road hands shall be paid seventy-five
1909— Chapter 424—425. 615,
cents for every full day's work doue on their Respective roads
over six days, out of the road money belonging to the township
in which the labor is performed ; and if any such road is a dividing Roads dividing
line between any two townships, then the costs shall be paid equally ^^"^^'P'^-
by said two townships.
8ec. l(i. That public bridges, dams, ferries and those parts of Bridges, dams,
, ,. 3 .ti 1 11 4- T ^ 1 • ferries and swamp
public roads through swamps and low, wet land approachuig roads.
public bridges and ferries over streams or water courses, shall
remain under the jurisdiction of the board of county counnissiouers
of the county, under the general road law of the State.
Skc. it. That the board of road supervisors of any township convicts may be
in the county may work on the roads in said township the con- ^^o^ked on roads,
victs confined iu the jail of said county, and such other convicts
in other counties as may be sentenced to work on the roads in said
county, whenever said board shall provide sufficient -quarters,
guards and overseers, at the expense of said townships, for the'
safe-keeping and control of said convicts. The judges of the first Convicts to be
and second judicial districts of this State are authorized and work."^^'^ ^° ^^^'^
emi)Owered to sentence convicts in said county and other counties
to work upon the public roads of said county, and the said road Allotment of con-
supervisors iu each township and said board of county commis-
sioners shall determine among themselves as to which towushi])s
such convicts shall be assigned to work, and the time allowed
for them to be worked in each township.
Sec. is. That the general road law of the State shall be in Application of
full force in Hertford County, except wherein it is inconsistent general road law.
with this act.
Sec. 1!». That all laws and clauses of laws in confiict with this Repealing clause.
act are hereby repealed, and this law shall apply only to Hertford .\pplication of act.
County.
ShX'. 20. That this act shall take effect from and after its ratifi-
cation.
Katificd this the 2d day of March. A. I). WOU.
CHAPTER 425.
AN ACT AMENDING THE ROAD LAW OF McDOWELL
COUNTY (EXCEI'T MAKION AND CROOKED CREEK
TowNsnn^S).
The General Asfsembly of North Carolina do enact:
Section 1. That section seven of chapter seven hundred of the
Acts of one thousand nine hundred and seven be amended by
adding to the end of said section the following: "That upon beii>g Election to be
petitioned by one-third of the qualified voters of any township. ^^^'^^ °" P^^'^io"-
616
1909— Chapter 425.
Ballots.
Levy of tax.
Proportion of
work.
Supervision of
work.
Engineer of public
roads.
Duty of engineer.
Expense of sur-
veys.
Expenditure of
road tax.
other thau Marton Township, the Board of Commissioners for Mc-
Dowell County shall call an election to be held in such petitioning
township, under the general law governing the holding of elections,
at which election a vote shall be had by ballots upon which shall
be printed either 'For Chain Gang' or 'Against Chain Gang,' and
if a majority of the votes cast shall be 'For Chain Gang,' said
board of commissioners at their next regular June meeting, and
at each regular June meeting thereafter, shall levy the same rate
of taxes for public roads in such township as is levied for the
same year in Marion Township, and shall, as soon as practicable
after such tax is collected, pi'oceed to have the convict force now
worked in Marion Township worlced upon the public roads of
such other township, at the proper expense thereof, the proportion
of time that said township pays of the total dirt-road or chain-gang
tax levied in Marion and such other townships in which elections
have been so held and carried ; such working, and the keeping
and maintaining of said convicts to be done under the supervision,
authority and responsibility of said board of county commissioners
and the engineer of public roads (hereinafter provided for), the
said board of commissioners paying all necessary bills so incurred,
after the same have been approved by the engineer of public roads ;
and that convicts shall not be worked in, nor kept at the expense
of, any township in McDowell County, except Marion Township,
until such election shall have been so held and carried.
Sec. 2. That the Board of County Commissioners for McDowell
County are hereby authorized, and it shall hereafter be their duty,
to employ, at a reasonable compensation, an engineer or practical
road surveyor, who shall be known as the engineer of public roads
for McDowell County, whose duty it shall be, at the direction of
said board of commissioners, to survey and locate, or relocate, to
the best advantage generally, and especially as to grade, all pro-
posed changes in the public roads of said county of McDowell,
and all new roads proposed to be laid out, and file his map or
profile thereof with said board of commissioners before any
change or relocation of any road shall be ordered by said board, or
before any new road is ordered laid out, which map shall show,
if a proposed change, the line of the old as well as the proposed
new road and the grade of both, and in all cases shall show the
per cent of grade of both old and new roads or parts thereof in
each one hundred feet, and whose further duty it shall be to
perform the requirements hereinafter assigned to him.
Sec 3. That the expense of all surveys made by said engineer
of public roads shall be borne out of the funds apportioned to the
township in which the surveying is done.
Sec. 4. That no part of said road tax, or of the road tax now
being collected or hereafter collected, shall be expended upon any
part of any road except for the relocation and better grading by
1909 — Chapter 425. 617
such" relocation of the roads or parts thereof, or macadamizing, or
building bridges and water ways of such size and character as
not to be reasonably built by the overseers and road hands, and Road orders,
that such tax shall be paid out only upon the order of the Board
of Commissioners for McDowell County, after a personal inspec-
tion of the work performed or material furnished, for which a
claim is filed, has been made by said engineer of public roads,
and upon his approval of each and every claim, which shall be
itemized in detail.
Sec. 5. That on the first Saturday of April, one thousand nine Meetings of
hundred and nine, and of each February of each year thereafter, Overseers" ^
every justice of the peace and every overseer of roads in each
township shall meet at the usual place for voting, unless a dif-
ferent place be settled upon by the consent of all, not later than
the hour of ten o'clock A. M., then and there to make out a census List and allotment
or complete list of all persons in their township who are subject ° ^^^ ^'
to work upon the public roads, and at the same time to make
out and deliver to each overseer of roads a list of his just pro
rata of hands assigned to work upon his section or division, and
said justices of the peace shall at the same time certify, under
their hands, to the engineer of public roads a full and complete
census or list of the names of all persons subject to work upon
the public roads of their township as assigned to each overseer,
with the overseer's name at the head of each list, certifying also
at the same time to the engineer of public roads the names of any
and all overseers and justices of the peace who fail to attend
such meeting at the hour of ten o'clock A. M. and remain until
their work is completed, for which service each justice of the
peace and each overseer of roads shall be paid one dollar for each
meeting so attended.
Sec. 6. That every overseer of public roads shall promptly re- Reports of over-
port to said engineer of public roads every hand working upon his ^^'^^^■
road, with a true and complete list of the names of all persons
who attended and worked, and also the names of all persons upon
his list who failed for any cause to work.
Sec. 7. That every overseer of roads shall notify the engineer Over.seers to
of public roads at least one week before each working of his road, ""^'^^ engineer.
by giving him either personal notice or by mailing him a written
notice through the United States mail, in time for such notice to
reach said engineer one week before such working : Provided, Proviso: no road
that no working of any public road shall be had at any time during ^ier, Jariuary^or
the winter months of December, January and February ; and Pro- February.
vided further, that any and all overseers shall, when their roads Emergency work,
or any part thereof becomes impassable or dangerous to the pas-
sage of ordinary vehicles, on account of storms or any other cause,
warn out such number of his hands as is necessary, and no more,
to repair such dangerous parts of his road during any month in the
year and at any and all times and wMthout giving notice to said
engineer of roads.
618
1909— Chaptkk 4:^5.
Engineer to attend
meetings of com-
missioners.
Reports of
engineer to
solicitors.
Abstracts and
blanks to be
furnislied.
Synopsis of road
law.
Opening new
roads.
Hindrance by
landowner.
Materials.
Claims for dam-
ages.
Procedure for
settlement of
damages.
Sec. 8. That said eugineor of public roads shall attend with the
Board of Commissiouers for McDowell Coiiiity at the courtliouse
on the first Monday of every May, September and January, for
the special purpose of approAing claims ;uid of examining the re-
ports of overseers of the workings of roads and of comparing tlio
same with his census of those liable to road duty.
Skc. !). That said engineer of public roads shall report in writing
to the solicitor on the first day of each term of court for the
trial of criminal causes in McDowell County the names of any
and all justices of the peace and overseers who fail to comply
with the provisions of this act and of every person liiible to work
upon the public roads who has failed to work, together with any
and all violations of the road law, and a«y dereliction of duty
upon the part of any person whomsoever which shall come to his
knowledge or attention by any credible means concerning the
road" law for McDowell County, and shall further perform any
and all such duties as the board of county commissioners may
deem proper to assign to him concerning the carrying into effect
of the road law for McDowell County.
Sec. 10. That the board of county commissioners shall, as soon
as may be. have printed and shall furnish at the cost of the
county to each justice of the peace and each overseer of roads
in McDowell County appropriate printed abstracts or blank re-
ports upon which to make the reports herein required of them, and
shall also have printed and furnish to each overseer and justice
of the peace of McDowell County a printed synopsis of the road
law for the county.
Sec. 11. That the Board of Commissioners for McDowell County
shall have power and authority, upon an approved survey of any
new road or any proposed change in any old road or any part
thereof, to order the same to be laid out and built and opened
to public travel, and when so ordered such road or part thereof
may be laid out, built and opened to public travel, without hin-
drance by the owner of the land over which the road is located,
on account of any claim for damages which may be caused l)y the
building of such road or for an.v other cause ; and in the building
and construction of roads, or changes in the same or parts thereof,
earth, stone, wood, timber and other necessary materials may be
taken from adjoining or nearby land : Provided, that any person
over whose land said road maj' be built or from which any
material shall have been taken may file with the said board of
county commissioners his claim, in writing, within sixty days from
the time of the completion of the road or part thereof upon his
land, when it shall he the duty of said boai-d of commissioners
to have summoned a jury of three disinterested citizens of the
county, of no relation to the claimant, to go upon and view the
premises and report in writing to the said board of commissioners
the amount of danuiges. if any, which they may find the claimant
1909— Chapter 425— 42G— 427. GJ9
to have sustaiued, after taking iuto consideratiou the beuefits.
if auy, to the land by its increased usefuhiess and vahie by reason
of the building of suc-h road or part thereof, or change in any
road.
Sec. 12. That all persons who shall violate any of the provisions Violation of act a
„ ^, . ^ , ,, , ... i- .J 1 ■ i.- misdemeanor.
ot this act shall be guilty of a misdemeanor, and upon conviction
shall be punished by fine or imprisonment, or both, in the discretion Punishnient.
of the court.
Sec. 13. That this act shall not apply to any county except Application of act.
McDowell, nor to Marion or Crooked Creek townships, in said
county of McDowell.
Sec. 14. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 426.
AX ACT TO AMEND SECTION 4, CHAPTER 0G9, PUBLIC
LAWS OF 1007.
The General Assembly of Xorth Carolina do enact:
Section 1. That section four, chapter nine hundred and sixty-
nine, Public Laws of one thousand nine hundred and seven be
amended as follows : Strike out all of said section after the word
"consumption," in line fifteen, and insert in lieu thereof the fol-
lowing: "Provided further, that coon oysters may be taken from Proviso: taking of
September first to ^Slay first of each year upon the condition that
no instrument or implement shall be used in the taking of said
coon oysters before November first and after April first.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March, A. D. im<).
CHAPTER 427.
AN ACT TO CHANGE THE JURISDICTION OF THE OCTOBER
TERM OF THE SUPERIOR COURT OF UNION COUNTY,
NORTH CAROLINA.
The General Assemhiy of 'North Carolina do enact:
Section 1. That section one thousand five hundred and six,
chapter twenty-eight, page four hundred and fifty-one of the
Revisal of one thousand nine hundred and five of North Caro-
lina, be and the same is hereby amended by striking out at the
620
1909— Chapter 427—428.
Jurisdiction
defined.
eud of paragraph designating the time for the holding of the
Superior Courts of Union County, the words, "for the trial of
criminal cases exclusively," and inserting in lieu thereof the
following : "The tirst week for the trial of civil cases exclusively,
and the second week for the trial of civil or criminal cases.''
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 428.
AN ACT FOR THE RELIEF OF THE FAYETTEVILLE IN-
DEPENDENT LIGHT INFANTRY COMPANY.
Preamble: organ-
ization.
Preamble: record
of company.
Preamble: recog-
nition and incor-
poration.
Preamble: former
appropriation.
Preamble: pay-
ment of appro-
priation.
Preamble: service
in Spanish-
American war.
Lapse of appro-
priation.
Whereas the Fayetteville Independent Light Infantry Company,
of Fayetteville, North Carolina, was organized August the twenty-
third, one thousand seven hundred and ninety-three ; and whereas
said company has never failed to respond to the call of duty, and
has participated in every war in which this country has been en-
gaged since the date of its organization ; it having participated in
the battle of Bethel, when the first North Carolina blood was
shed, and was among those who fired the last shot at Appomattox ;
and it having been called out several times in the past ten years
in cases of emergency, and has, and does yet, express its willing-
ness at all times to uphold the honor of North Carolina and obey
the -orders of its chief executive ; and whereas the said company
has been distinctly recognized and honored by act of the General
Assembly of North Carolina, and has been at all times recognized
as a part of the organized militia of North Carolina, and was by
act of the General Assembly of North Carolina of one thousand
eight hundred and ninety-one, chapter three hundred and twenty-
five, page one thousand four hundred and eleven, duly chartei'ed
and given a corporate existence ; and whereas in said act it was
provided that said company should receive an annual appropriation
from the State of North Carolina of a sum equal to the amount
paid other military companies of the State of North Carolina;
and whereas by authority of said act the said Fayetteville In-
dependent Light Infantry Company received, for a few years,
a sum equal to that received by other companies of the State,
which was about two hundred and fifty dollars per year ; and
whereas the said Fayetteville Independent Light Infantry Com-
pany volunteered for service in the Spanish-American War, and
was mustered in for service in the year one thousand eight hun-
dred and ninety-eight, and returned from said war in the early
part of the year one thousand eight hundred and ninety-nine,
and since that time this appropriation has been overlooked by
1909— Chapter 428—429. 621
the State officials, and the said Fayetteville Independent Light
Infantry Company has not received any part of that appropriation
since prior to the year one thousand eight hundred and ninety-
eight; and whereas the other military companies of the State Preamble: other
have continued to receive during all this period said appropriation
of two hundred and fifty dollars per year : now. therefore,
The General Assembly of North Carolina do enact:
Section 1. That the sum of two thousand dollars be and the Appropriation in
,, -r -. -, -,■■■. liGu of omitted
same is hereby appropriated to the Fayetteville Independent Light payments.
Infantry Company, of Fayetteville, North Carolina, to be paid
out of any money in the State Treasury not otherwise appropriated,
in lieu of two hundred and fifty dollars per year from the year one
thousand eight hundred and ninety-eight to the year one thousand
nine hundred and eight, which was inadvertently not paid to the
said Independent Company as provided by the act of the General
Assembly of one thousand eight hundred and ninety-one.
Sec. 2. That the Treasurer of North Carolina be and he is Treasurer directed
to paj' sum
hereby directed to pay to the Fayetteville Independent Light In- appropriated.
fantry Company, of Fayetteville, North Carolina, the said sum
of two thousand dollars out of any money in the treasury not
otherwise appropriated.
Sec. 3. That the said Fayetteville Independent Light Infantry Fiiture appro-
Company, in addition to the above two thousand dollars, shall be ^"^ ^°^'
entitled to, annually hereafter, an amount equal to that received
by the companies of the North Carolina National Guard, the same
to be paid each year out of any funds in the treasury not other-
wise appropriated, provided the said company shall at all times
obey the orders issued concerning it by his Excellency, the Gov-
ernor and Commander in Chief.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March. A. D. moo.
CHAPTER 429.
AN ACT TO PREVENT THE SALE OF WINE, CIDER AND
OTHER INTOXICATING BITTERS WITHIN THREE MILES
OF CERTAIN CHURCHES IN CARTERET COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons sale or manu-
to engage in the sale or manufacture of wine, cider or any in- dderOT^intoiS-'
toxicating bitters within three miles of the Woodville Baptist eating bitters
torbidden.
Church and Welcome Homo Freewill Baptist Church, in Strait's
Township, Carteret County.
022
1909— Chaptkk 429—430.
Violation of act a Sec. 2. Any person or persons violatiiis this act shall be guilty
of a misdemeanor, and upon conviction shall be fined or imprisoned
in the discretion of the court.
Punishment. Sec. 3. That this act shall be in force from and after its ratllica-
tion.
Ratified this the 2d dav of March. A. 1). V.H)U.
CHAPTER 430.
AX ACT TO SUBMIT TO THE QUALIFIED VOTERS OF
COLUMBUS TOWNSHIP, POLK COTTNTY, THE QUESTION
OF ISSUING BONDS FOR MACADAMIZING THE COLI'M-
BUS AND TRYON PUBLIC ROAD.
Petition for
election.
Election to be
called.
Time for election.
Question on bond
issue.
Use of proceeds.
Notice of election.
Proviso: further
election.
Law governing
election.
New registration.
Appointment of
registrar and
judges.
7'Iic General As.semljlu of AortJi CaroliiKi do riinct:
Section I. That the Board of County Commissioners of Polk
County, upon a petition signed by one-fifth of the qualified voters
of Columbus Township, presented to said board at any time after
the passage of this act, is hereby authorized, empowered and
directed to submit to the qualified voters of said Columbus Town-
ship, at an election to be held on a date to be fixed by said board,
not later than ninety days after the filing of such petition, the
question as to whether or- not the township of Columbus shall
issue bonds in the sum of twelve thousand dollars, the proceeds
of which shall be used for the purpose of making, grading, re-
pairing, improving and macadamizing the public road and street
hereinafter described. The board of county commissioners shall,
for at least thirty days preceding the election, give notice of
such election, together with the purpose thereof, by publication
in at least one newspaper published in Polk County: Provided.
that if a majority of the qualified voters of said township shall
not vote to issue bonds at the election so held, the said board of
county commissioners shall submit the said question to the quali-
fied voters of said township at any other time or times, upon
the filing of a similar petition signed by one-fifth of the <iualified
voters of said township.
Sec. 2. Except as otherwise provided herein, any election held
under this act shall be held and conducted in the same manner
as is now or may hereafter be provided by law for holding elec-
tions for members of the General Assembly. The said board of
county commissioners, upon calling the first election under this
act. shall order a new registration of the voters of said town-
ship, and shall order a new registration for any subsequent elec-
tion held hereunder if requested so to do by the petition asking
for said election. The registrar and judges of election shall be
appointed by the board of county commissioners, and the vote
1909— CiLAPTEE iW. 623
at any election held luider this act shall be counted at the close Count and return
of the polls and returned over the signatures of the registrar
and judges of election to the said board of eouuty commissioners
at its first meeting after the holding of said election, at Avhich Tabulation and
meeting the said board of county commissioners shall tabulate resuu!^^'°" °
and declare the result of said election, all of which shall be re-
corded upon the minutes of said board, and no other recording
and declaration of the result of said election shall be necessary.
Sec. 3. That at the said election or elections the ballots tendered Ballots,
and cast by the (lualified voters of said township .shall have
written or i)rinted upon them "For good-road bond issue" or
"Against good-road bond issue," and all qualified electors who
favor the issuing of said bonds shall cast ballots having written
or printed thereon the words "For good-road bond issue," and
all qualified electors opposed to the issuing of said bonds shall
cast ballots having written or printed thereon the Avords "Against
good-road bond issue."
Sec. 4. That should a majority of the qualified voters of said Bonds to be
township east ballots having written or printed thereon the words
"For good-road bond issue," as above descril)ed, the said Board Amount.
of County Commissioners of Tolk County shall issue bonds of
said Columbus Township in the sum of twelve thousand dollars,
to be in denominations of one thousand dollars or five hnndred Denominations.
dollars, and shall bear interest at a rate not exceeding six per cent Intere.st.
per annum, which shall be evidenced b.v interest coupons attached,
l)ayable semiannually during the time said bonds shall run, and Maturity,
the j)rincipal thereof shall be payable twent.v years from the
date of their issue; the ])riii(ipal and interest to be paid at the
l>lace provided for in said bonds, to be determined b.v the said
i)oard of county commissioners. The said bonds and coupons
shall be numbered c(msecutively. beginning with the uiunber "one,"
the said c(mpons to bear the number of the bond fo which they .Authentication.
are atta<-hed ; and both the bonds and coupons shall be signed by
the chairman of the board of county connnissioners and counter-
signed by the clerk, and shall have impressed upon them the of-
ficial seal of said clerk, and shall be styled the "Columbus Town-
ship Highway Improvement Bonds."
Sec. 5. The said bonds, when preiiari'd and executed by the Bonds turned
said board of county ((inuiiissiouers above specified, shall be commis.sion.^^^
turned over to tli(> Chairman of tiie Highway Commission of
Columbus Townshii), which commission is hereinafter created, and Advertisement
4., -ii-i •• 1111 J. Ti. *i and sale of bonds.
the said highwa.v <'onnnissio)i shall have power to advertise and
sell any or all of said bonds at such time or times as they shall
deem i)est for the purpose of raising a fund with which to repair,
make, improve and macadamize the public road and street herein-
after defined in the manner hereinafter specified; and the said Records,
highway connnission shall record all their proceedings in respect
624
1909— Chapter 430.
Proviso: bonds
not to be sold
below par.
Specific appro-
priation.
Proviso: respon-
sibility of pur-
chaser.
Funds to be
turned over to
treasurer.
Road orders.
Funds liept
separate.
OflBcial bond.
Action on bond.
Proviso: cost of
bond.
Highway com-
mission.
Number.
Term of office.
Election of suc-
cessors.
Vacancies.
Continuance of
commission.
to said bonds in ttie minutes of their meetings ; and whenever the
same are sold the number of the bonds and their denominations,
to whom sold, and the number of coupons attached, must be re-
corded in said minutes: Provided, that none of said bonds shall
be disposed of by the said highway commission by sale, exchange
or otherwise, for less than their face value, nor shall the said
bonds or the proceeds thereof be used for any other purpose or
purposes than those declared by this act: Provided further, that
the purchasers of said bonds shall- not be required to see to the
application of said fund.
Sec. 6. The funds derived from the sale of said bonds shall
be turned over to the treasurer of the said highway commission
and paid out by him on the order of said highway commission,
signed by its chairman and attested by its secretary. The said
treasurer shall keep said funds separate from all other funds
which may come into his hands, and before any fund provided
for in this act shall be paid over to him he shall execute an of-
ficial bond for the faithful performance of his duty as treasurer,
payable to the township of Columbus, to be executed in such sum
and with such security as said highway commission shall deem
proper, and to be renewed at least once in every year; and the
said highway commission shall prosecute an action in the name
of the said township of Columbus in the Superior Court of Polk
County on the bond of said treasurer whenever they have Ivuowl-
edge or a reasonable belief of any breach of said bond: Provided,
that the cost of said bond shall be paid by the said highway
commission out of the fund derived from the sale of said bonds.
Sec. 7. That should any election held under this act be favorable
to the issuing of said bonds, the persons hereinafter named and
their successors in office shall be and constitute a highway com-
mission in said Columbus Township, to be known as the "High-
way Commission of Columbus Township," which commission shall
consist of five members as hereinafter named, and shall hold
office for the term of three years from the date of the election
under which said bonds are voted ; and in the event that the road
and street authorized to be improved under this act are not com-
pleted and turned over to the authorities as hereinafter provided,
during their term of office, their successors shall be elected for
the term of three years by the magistrates of said Columbus
Township at a meeting to be held by said magistrates in the
town of Columbus on the Saturday next preceding the expiration
of the term of office of the commission herein appointed. Any
vacancy occurring by removal from office shall be filled by the
justices of the peace of said township, and any vacancy occurring
in any other manner shall be filled by the said highway commis-
sion. The said highway commission shall continue in office until
the road and street hereinafter specified shall have been im-
1909— Chapter 430. 625
proved as herein set forth, or until the proceeds derived from
the sale of said bonds shall have been used, and shall each re- Compensation.
ceive as compensation for their services the sum of one dollar
and fifty cents per day and all necessary expenses for the time
actually employed by them in attending to the duties imposed
unon them bv this act. That as soon as practicable after the Commissioners to
'■ - ,,,,,. 1 , 1 meet and organ-
result of said election shall have been declared by the said boartl jze.
of county commissioners, the members of said highway commis- Organization.
sion shall meet ^nd organize by electing one of their number
chairman, another secretary, and another, or some other suitable
person, treasurer, and shall pass such rules and regulations for
their government as thev shall deem best. The said secretary Record of acts
\ , , , ■,. £ -J and proceedings.
Shall keep a record of all the acts and proceedings of said com-
mission, which shall be open at all times for the inspection of the
magistrates of said Columbus Township : Provided, that the said Proviso: commis-
„ , . J., 1 , • i! ii • sioners to qualify,
highway commissioners, before entering upon the duties of then-
office, shall take an oath before some person authorized to ad-
minister oaths to perform said duties well and truly, according
to the best of their knowledge, skill and ability.
Sec. 8. That said highway commission shall have complete and Powers of com-
..,.,,. . . mission.
full Charge and control of the locating, making, building, repairing
and improving of the public road and street hereinafter defined.
and shall employ a competent engineer or engineers, who shall Employment of
. . ^ .J J ^ engineer.
superintend the laying off, building and repairing of said road and
street, and who shall receive such compensation for his services Compensation. ^
as may be determined by said highway commission.
Sec. 9. That the road and street to be made, improved and Road and street
macadamized by said highway commission are as follows: ihe ized.
road leading from Tryon to Columbus, known as the Tryon and
Columbus Road, beginning at the Tryon Township line at or near
Hutcherson's blacksmith shop, and extending to* the corporate
limits of the town of Columbus; and the street leading from the
termination of said road to a point in said street directly in
front of the centre of the courthouse in the town of Columbus. The Road and street
, ,, , , ,, when hnislied.
road, when finished by said highway commission, shall be by them
turned over to the road authorities of Columbus Township, who
shall thereafter take charge and control of the same under the
general road law of Polk County; and the said street, when
finished, shall be turned over by said highway commission to the
town authorities of the town of Columbus.
Sec. 10. Said highway commission shall provide proper specifi- Specifications for
, building and
cations, in accordance with the provisions of this act, for the repair.
building and repairing of the road and street hereinbefore men-
tioned, and shall, after due advertisement for bids, let contracts Work let to con-
fer the doing of the same to the lowest responsible bidder or
bidders, requiring, in every instance, from the contractor or con- g^^^^^ ^^ ^^^_
tractors, a bond with good and sufficient security that the work tractor.
Pub.— 40
626
1909— Chapter 430.
Right to reject
bids and do work
Entry on laud for
material.
Procedure for
settlement of
damage.
Right of appeal.
Rejection of
report.
Work to proceed
on deposit of
award.
Payment of
damages.
contracted for shall be done according to the specifications and to
the satisfaction of said highway commission, and providing for
the payment of all damages that may be caused by any such con-
tractor or contractors to public or private property. Said high-
way commission shall, however, be permitted to reject any and
all bids so submitted for said work or any part of it, and in the
event they are unable to have the work done by contract at satis-
factory prices, said commission shall have the power of doing
the same itself, and for that purpose is authorized to hire all
necessary labor, purchase all necessary machinery, tools and im-
plements, and generally to do and perform all acts and things
necessary and requisite to be done in order to carry out the
provisions of this act.
Sec. 11. That in widening, straightening, grading and macadam-
izing the road and street authorized to be improved by this act,
the said highway commission and their agents or contractors are
hereby authorized to enter upon any lands necessary to effectuate
said purpose, and may take all necessary timber, stone and other
material therefrom, and for the purpose of getting stone shall have
the power to operate quarries on any lands near to or adjoining
said road or street, and to place all necessary machinery thereon
for the purpose of crushing and removing stone ; and if the said
commission and the owner or owners of such land cannot agree
as to the damage that may be done said owners, said highway
commission shall, after giving ten days' notice in writing to said
owner or owners of their intention so to do. cause the Sheriff
of Polk County to summon three freeholders, not connected by
affinity or consanguinity with the owner or owners of said land,
who shall go upon the land and assess the damages and the
benefits that will accrue to the same by reason of said improve-
ment, and repoft-t their decision in writing to the said highway
commission, who shall, on the fifth day after the filing of said re-
port, accept or reject the same as they may deem proper, and the
said highway commission or any person interested in the land so
taken shall have the right, within ten days thereafter, to appeal
from the finding of such jury to the next succeeding term of the
Superior Court of Polk County, when the matter in dispute shall
be tried as in civil actions. If said highway commission shall re-
ject said report of the jury, it may send another jury thereon as
often as it sees proper, or it may abandon such improvement or
such part thereof as affects the lands of said owners, as it may
deem best. In the event the said highway commission shall ac-
cept the report of such jury, it shall, upon depositing the amount
of the damages awarded with the Clerk of the Superior Court
of Polk County, have the right to proceed with the building, re-
pairing or improving of the road or street affecting the lands of
said owners without waiting for the final determination of the
proceeding ; and any and all damages assessed by any jury shall
1909 — Chapter 430. 627
be paid by the highway commission out of the funds arising from
the sale of the bonds mentioned in this act, and all costs of such Costs,
proceeding up to and including the action of the highway com-
mission thereon ; but if any party appealing from the action of Costs on failure
said highway commission shall fail to recover more damages upon '^ ^pp^^ ■
his appeal than was allowed him by the jury, he shall pay the
costs of such proceeding after the action of said highway commis-
sion thereon. No benetits shall be assessed or allowed in excess Benefits not
of the damages assessed on any particular piece of road, but all of^damages.*^^^^^^
such benefits shall be deducted from the damages and. the owner or
owners shall be paid the difference by the said highway com-
mission.
Sec. 12. That whenever, in the progress of the work on the Bridges a charge
road authorized to be improved under this act, it shall become "" ^ "
necessary to repair or construct any bridge or bridges, the said
highway commission shall notify the Board of County Commis-
sioners of Polk County, and it shall then be the duty of the
said board of county commissioners to repair or construct said
bridges.
Sec. 13. The road authorized to be improved under tliis act Specifications,
shall not be less than twenty nor more than forty feet wide, at
least nine feet of which shall be macadamized, twenty feet graded,
and the whole of which shall be straight as practicable ; and the
street authorized to be improved under this act shall be at least
forty feet wide, twenty feet of which shall be graded, but shall
not be macadamized of any greater width than the road.
Sec. 14. That all justices of the peace and mayors of any in- Convicts sen-
corporated towns in the county of Polk, before whom any male street and^road.*"^
person may be tried and convicted of any crime within said
county, in cases and for offenses within the jurisdiction of said
justices and mayors, when the judgment shall impose punishment
by imprisonment on any such offender, may and they are hereby
empowered to sentence said convicted person to work on the public
road and street authorized to be improved under this act.
Sec. 15. That any judge of the Superior Court holding court in Convicts sen-
the county of Polk may sentence all male persons convicted of superior*coif/ts. ^
crime, for which said persons may be sentenced to road work
under the general laws of the State, to work on the I'oad and
sti'eet authorized to be improved under this act; and any judge
of the Superior Court holding court in any other county, in which
there is no provision of law for working convicts on the public
roads of said county, may sentence convicted persons to work
on said road and street : Provided, hov:cver, that the highway Proviso: applica-
connnission of Columbus Township shall first make application to commi^s'iofu™^^
the judges of said courts to sentence said convicted persons to
work on said road and street.
Sec. 1G. That the said highway coiiunissioii of Columbus Town- Custody and con-
ship shall have the custody and control of any ajid all convicts ^"""^ °^ convicts.
628
1909— Chapter 430.
Discipline.
Safe-keeping.
Special tax if
bonds are voted
for.
Constitutional
equation.
Collection.
Special tax for
sinking fund.
Constitutional
equation.
Collection.
Specific appro-
priation of taxes.
Misappropriation
a misdemeanor.
sentenced to work on the said road and street herein mentioned,
and the said commission is hereby authorized to enact and en-
force all needtul rules and regulations for the successful working
of said convicts, and shall have power to employ a suitable person
or persons to guard them, and the said guard shall have the power
to use such discipline as is allowed by law to the authorities of
the penitentiary in controlling and preventing the escape of con-
victs committed to the State's Prison. Said highway commission
shall have the power to erect necessary temporary stockades or
places of enclosure wherein said convicts may be placed and kept
while engaged in the woi-k herein provided for.
Sec. 17. That should any election held under the provisions of
this act be in favor of issuing the bonds hereinbefore mentioned,
the Board of County Commissioners of Polk County shall com-
pute and levy annually on the first Monday in June, beginning
with the first Monday in June after the issuing of said bonds, a
sufficient special tax for said Columbus Township, upon all polls
and all property in said township subject to taxation, always ob-
serving the constitutional equation between the poll and property
tax, with which to regularly and promptly pay the interest on said
bonds ; said taxes to be collected in the same manner and at the
same time as other taxes, and to be paid over by the sheriff or
tax collector to the Treasurer of Polk County.
Sec. 18. For the purpose of raising a sinking fund with which
to pay the principal of the bonds issued under this act, it shall
be the duty of the Board of County Commissioners of Polk County,
at and after the expiration of ten years from the date of said
bonds, to annually levy a special tax in addition to the tax pro-
vided for in section seventeen of this act, upon all polls and proi>
erty subject to taxation in said Columbus Township, the con-
stitutional equation between the tax on polls and the tax on
property to be observed, which tax shall equal in amount one-
fifteenth of the amount of the bonds issued under this act ; and
whenever the amount of taxes collected under this section, to-
gether with the interest accumulated from the investment thereof
as provided in section twenty of this act, shall be sufficient to pay
off the principal of all outstanding bonds, then said board of
county commissioners shall cease to levy taxes for said sinking
fund. The taxes collected under this section sliall be collected
as provided for the collection of those levied under section seven-
teen of this act.
Sec. 19. That the taxes levied and collected for the purposes
specified in sections seventeen and eighteen of this act shall be
kept separate and distinct from each other and from any and all
other taxes, and shall be used for the purposes for which they
were levied and collected, and any members of the Board of
County Commissioners of Polk County who shall appropriate, by
vote or otherwise, to any purpose, directly or indirectly, other
1909— Chapter 430. 629
than that for which they were levied, auy of said special taxes,
or shall in any other way violate the provisions of this act, shall
be suiltv of a misdemeanor : Provided, that if the taxes levied and Proviso-, surplus
• - . „ . ^ . , ,, . J of tax for interest,
collected for the payment of mterest shall m any one year exceed
the sum required for that purpose, the amount in excess shall
be applied to the credit of the interest fund for the next suc-
ceeding year, and said board of county commissioners, at the time
of levying taxes for the payment of interest for said next suc-
ceeding year, shall take into consideration said excess and com-
pute and levy said taxes accordingly.
Sec. 20. That it shall be the duty of the Board of County Com- Investment of
„ ^ „ ^ , . w • J. J 11 sinking fund,
missioners of Polk County to annually invest any and all moneys
arising from the special tax collected under section eighteen of
this act in the purchase of any of said bonds at a price deemed
advantageous to the township of Columbus by the said board of
county commissioners ; but in case the said bonds cannot be pur-
chased the said board of county commissioners may lend said
sinking fund on real estate or good personal security. The notes
and other evidences of debt given for any loan under this section
shall be executed to and in the name of the Board of County
Commissioners of Polk County; and in case said board of commis-
sioners shall not be able to invest any or all of said money an-
nually as directed above, it shall be the duty of said board to
cause such parts as they may be unable to invest to be deposited
with some banlv or banks, trust or safe-deposit company or com-
panies of undoubted solvency, at the best obtainable rate of interest,
and any and all interest arising from the investment, as above
directed, shall be reinvested, in the manner as above provided,
until said bonds are due.
Sec. 21. That any highway commissioner or other officer mak- Fraudulent order
., - J! J, 1 ^ -, 11, a misdemeanor.
mg or causing to be made any fraudulent order, whereby money
is to be paid out of said fund herein provided for, shall be guilty of
a misdemoanor, and upon conviction shall be fined or imprisoned. Punishment.
or both, in the discretion of the court, and shall be removed from
office ; and any highway commissioner or other officer failing or Failure or refusal
refusing to perform the duties imposed by this act shall be guilty mi.sdemeanon' ^
of a misdemeanor, and fined not less than twenty nor more than Punishment.
fifty dollars: Provided further, that the justices of the peace of Proviso: justices
., ^, ,, r^ ,. J, = j«--x may remove high-
said Columbus Township may, for good and sufficient cause, re- way commis-
move any one or more of the said highway commissioners, and '^'oners for cause,
fill the vacancy or vacancies caused thereby as provided in sec-
tion seven of this act.
Sec. 22. That all expenses arising by virtue of this act, in calling. Expenses of elec-
conducting and holding any election held hereunder, shall be r»aid ar°a'tion and sale'
by the Board of Road Trustees of Columbus Township out of the °' l^o"ds.
road funds of said township, and if any election shall be in favor
of issuing said bonds, all expenses incurred in preparing, issuing
and selling said bonds shall be paid by the highway commission
out of the funds arising from the sale of said bonds.
630
1909— Chapter 430—431.
Residence of
highway com-
missioners.
Highway com-
Certitled copy of
act to be sent.
Sec. 23. That the members of the said highway commissictn
shall be residents of the township of CoUimbus and m:iy reside
either in or out of the town of Columbus.
Sec. 24. That the following are hereby appointed the members
missioners named, of ^he said highway commission, viz.: M. N. Hall, J. F. Ridings.
J. E. Shipman, J. P. Arledge and J. G. Hughes.
Skc. 25. That immediately after the passage of this act the
Secretary of State shall send a certitied copy of the same to the
llegister of Deeds of Polk County.
Sec. 26. That all laws and clauses of laws in conflict with this
act, in so far as they relate to the township of Columbus, are
hereby repealed.
Sec. 27. That this act shall be in force from and after its ratiti-
cation.
Ratitied this the 2d day of March. A. D. 1909.
CHAPTER 431.
AN ACT TO FIX THE SALARIES FOR PUBLIC OFFICERS
OF ROCKINGHAM COUNTY, AND TO INCREASE THE
SCHOOL FUND.
Appointment of
deputies by
sherifi'.
Fees allowed
deputies.
Other fees to be
collected and held
by sheriff.
Salary of sheriff.
Clerk of superior
court and register
of deeds to collect
fees and turn over
to sheriff.
Salary of clerk of
superior court.
Salary of register
of deeds.
The (Jeiieral Asseiiihly of NortJt Carolina do enact:
Section 1. The Sheriff of Rockingham County may appoint one
or more deputies in each township in the county, and may allow
such deputies the fees made and collected by them in serving
summons, subpoenas, notices and processes of all kinds, and all
fees and commissions made and collected by them from executions.
Sec. 2. All other fees, commissions, profits and emoluments of
all kinds, now belonging or appertaining to, or hereafter by any
law belonging or appertaining to the sheriff by virtue of his of-
fice, shall be faithfully collected by him, and kept as a separate
and distinct fund to be disposed of as hereinafter provided.
Sec. 3. The said sheriff shall receive a salary of three thousand
dollars per annum in lieu of all other compensations whatsoever.
Sec. 4. The clerk of the Superior Court and the register of
deeds of said county shall faithfully collect, account for and
turn over to the sheriff of said county, to be disposed of as herein-
after provided, all fees, commissions, profits and emoluments of
every kind, now or hereafter by any law accruing, belonging or
appertaining to them by virtue of their ofiice.
Sec. 5. The clerk of the Superior Court shall receive a salary
of two thousand and three hundred dollars per annum in lieu of
all other compensations whatsoever. The register of deeds shall
receive a salary of two thousand dollars per annum in lieu of all
other compensations whatsoever.
1909— Chapter 431—432. 631
Sec. 6. The officers hereinbefore mentioned shall faithfully per- Officers to perform
form all the duties of their several offices imposed upon them " "^'^'
by law, and shall receive no other compensation or allowance what- No other compen-
soever for any extra or additional service rendered to the county ance." °^ ^ °^'
or State or other governmental agency, and they shall be liable to Pains and penal-
all the pains and penalties now or hereafter provided for failure ^'^^"
to perform the duties of their several offices.
Sec 7. All moneys coming into the hands of the Sheriff of Separate fund.
Eocl>;iugham County by virtue of this act shall be held by him
as a separate and distinct fund, and after paying the salaries and Payment of
allowances provided for in this act, the balance of said fund shall Balance to scliool
be applied to the county school fund of Rockingham County. fund.
Sec. S. The salaries and allowances herein provided for shall Payments
be paid by the sheriff of ^aid county, upon warrant as required '"°" ^ ^'
by law, to the officers Jn monthly installments: Provided, that the Proviso: irregular
allowances may be paid in warrants of irregular size, according
to the needs of the various officers, but shall never exceed for the
year the amounts herein provided.
Sec 9. The officers hereinbefore required to turn over to the itonthly settle-
SherifC of Rockingham County moneys coming into their hands "^^" ^'
shall make settlement with said sheriff on the last day of each
and every month, and the county commissioners may, at any Exhibit of books
time, require said officers or any of them to exhibit to them all ^^^ accounts,
books and accounts, showing all moneys received and turned over
to the sheriff under the provisions of this act.
Sec 10. Any officer or clerk or assistant herein mentioned, who Failure to collect
shall willfully fail or refuse to collect the full fee, commission or ^ misdemeanor.
emolument of any kind belonging to his office, shall be. guilty of
a misdemeanor.
Sec. 11. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec. 12. That this act shall be in force and effect from and
after its ratification.
Ratified this the 2d day of March, A. D. WOf).
CHAPTER 432.
AN ACT TO MAKE THE STATE SUPERINTENDENT OF PUB-
LIC IXSTRUCTIOX. EX OFFICIO, A TRUSTEE OF THE
UNIVERSITY OF NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. That J. Y. Joyner, State Superintendent of Public Superintendent
Instruction (and each of his successors in office), shall be, cr t" officio^^^°^^
officio, a trustee of the University of North Carolina.
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 2d day of March, A. D. 1909.
632
1909— Chapter 433.
CHAPTER 433.
AN ACT TO APPOINT JUSTICES OF THE PEACE FOR THE
SEVERAL COUNTIES OF NORTtI CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. That the following-named persons be and they are
hereby appointed justices of the peace for their respective counties
and townships in North Carolina for a term of six years, except
when a different length of time is named herein; said terms to
begin the first day of April, one thousand nine hundred and nine,
or when their present terms of office expire :
Alamance county. ALAMANCE COUNTY.
Township. ' '
Graham — James I. White, T. P. Bradshau?-.
Neivlin — W. J. Stockard, E. J. Braxton, J. M. Faust.
Morton — J. H. Gilliam, W. A. Paschall, John W. Garrison, Jef-
ferson D. Wilkins.
. Patterson — John M. Coble, R. J. Thompson.
Boon Station — A. G. Faucett.
Faucett — John H. Wilkins, Elijah Long.
Albright — George F. Thompson, H. G. Sharp.
Melville — E. C. Turner.
Pleasant Grove— W. J. Fitch, W. B. Sellars.
Burlington — ^A. M. Garwood.
•
Alleghany county. alleghany county.
Gap Civil — C. W. Edwards.
Whitehead — J. W. Evans.
Cranberry — J. J. Miller, Mat. Pruitt, J. M. Blevins.
Cherry Lane — C. W. Smith, Jesse Atwood, T. C. Higgins.
Glade Creek— Floyd Edwards, Troy Carico, W. L. Norman.
Piney Creek — D. F. Persons.
Anson county. anson county.
Waynesboro — C. S. Redfearn (for two years).
Burnsville — J. D. Hyatt.
Morvin — A. J. Brooks, T. E. Diggs (for two years each).
Gulledge — E. Wall (for two years).
Ashe county. ASHE county.
Jefferson — S. T. Sandefer, W. A. Dancey, George F. Bare, W. E.
Johnston, F. L. Colvard, Harry Proctor, W. G. Warren.
Obids — Newton Bare, John C. Bowlin, D. C. Miller, E. C. Severt.
Chestnut Hill — J. E. Gambill.
Clifton— ¥. M. Miller, A. A. Price.
Creston — W. J. McEwen, T. S. Maxwell, James McMillian, Rush
Jenkins.
1909— Chapter 433. 633
Grassi/ Creek — J. A. Pierce, J. C. Pasley, J. M. Sawers.
Hilton — I. R. Young, James Perkins. David Dixon.
Horse Creek — Sidney Tucker, J. D. Stausbury, J. J. Lyalls,
Lutlier Rose.
Laurel— 3. A. Martin, Eliliu Graybeal, H. L. Williams, D. J.
Patrick, A. W. Long.
North Fork — Martin Shoal, James Southerlaud.
Old Fields— W. A. Houck, S. E. Duncan, J. W. Denson, W. F.
Goodman.
Peak Creek— Vf. L. Miller, J. D. Bare, J. F. Johnston, M. V.
Hoppers.
Pine Sivamp — J. F. Hartgog, L. L. Vannoy, J. R. Johnston.
Pineij Creek — H. C. Tucker, Jonathan Perry, W. J. Roberts,
Henderson Eller.
Walnut Hill — T. J. Price, David Jones.
BEAUFOET COUNTY. Beaufort county.
Long Acre—M. U. Cutler, L. M. Shepherd, James H. Bradley,
King Gurganis, Henry C. Boyd.
Bath— John H. Oden, Thomas Webster, T. B. Clayton, T. M.
Midgette, T. L. Jackson, W. C. Kinion.
Richland— 3. M. Messick, N. W. Potter, Absalom Tuton, B. B.
Thompson, C. R. Flowers (for two years), J. M. Litchfield (two
years).
Washington — J. Hyman Woollard, O. B. Wynne, Charles T.
Hardison, W. B. Windley.
Chocoicinity — W. A. Cratch (for four years).
BEBTIE COUNTY. Bertie county.
Windsor— Y:.. L. Smith, J. H. White, W. D. White, W. T. Heck-
stall, Thomas Gilliam, A. C. Mitchell, Kenneth Sallinges.
Merry Hill — George W. Capehart, T. A. Smithwick, John F.
Keeler, R. J. Shields.
WhitCrS — W. T. Brown, J. H. Lawrence.
Colerain—J. B. Mitchell, W. J. Northcott, Josiah Brown, W. S.
Taylor, J. W. Rayner.
Roxohel—W. J. Watson, C. C. Tyler, P. C. Brittel.
Mitchell — J. Lawrence Harrington, Thomas P. Hale, Moses R.
Barnes.
Snake Bite — Starkey E. Casper.
Woodville—J. T. Veal, J. B. Saunders.
Indian Wood — Charles Bond.
BLADEN COUNTY. Bladen county.
Elizabethtow7i — H. H. Barnhill, R. B. Cromartie, L. J. Hall (for
two years).
Bethel— O. G. Parker, John M. Palt, D. L. Roberts, John Che-
shire, Murray Guy ton, W. F. Devane (for two years).
634
1909— Chapter 433.
Brunswick
county.
Burke county.
Buncombe
county.
Cabarrus county.
White's Greek— D. T. Perry, H. P. Clark. J. E. Elkins.
TunibuU—B. F. Tatom.
French's Creek — L. C. Boswell.
Carver's Creek — J. D. Devane, L. E. Squires, Pym Remington,
J. F. Council.
Lake Creek— W. I. Shaw, N. M. Beatty. W. C. Johnston.
White Oak— 3. C. Bullard.
Central— J. B. West, J. W. McDuffie.
BRUNSWICK COUNTY.
Sliallotte — ^L. N. Benton, S. J. Gore (two years), W. L. Russ,
E. B. Hewett, John W. Millikin, Benjamin K. Gore.
Northicest — Thomas Jones.
Waccainaw — L. E. Formyduval.
Locktcood's Folly — G. W. Sellars.
Toicn Creek — W. D. Lewis, E. Z. Rabon.
BURKE COUNTY.
Upper Creek — John Barrier, G. Anderson Loviu.
Upper Fork — J. P. Bumgarner, W. A. Cook.
Icard — M. D. Earney.
Lower Fork—C. M. Hoyle, J. W. Mosteller, P. F. Buff.
Lotver Creek — W. J. Arney, John Roderick.
Morganton — Hamilton Erwin.
BUNCOMBE COUNTY.
Asheville — A. L. Bright, George W. Fairchild. Askew F. Shook,
Emory Merriman.
Upper Hominy — A. Z. Wright, J. C. Byrd, P. P. Morgan.
Lower Hominy — J. W. Rutherford, T. P. Gaston.
Flat Creek— W. C. Filer, L. W. Roberts.
Big Ivy — Jeff Garrison, Lee Arwood.
French Broad — Jesse Gwaltney, F. W. Garrison.
Leicester — T. M. Rymer, B. L. Lyda.
Limestone — Noah Frady, W. W. Nettles.
Fairvieic — Jeff Potillo, Ben Merrell.
Swannanoa — Marion Roberts, Robert Young, J. C. M. Valentine.
Black Mountain — Jim Thomas, Bart Burnett.
CABARRUS COUNTY.
Number 0?ie— John A. Barnhardt, J. W. Stallings.
Number T%oo — John F. Oehler, John J. Cox.
Number Four — E. L. Senhour.
Number Five — P. M. Meisenheimer.
Number Nine — W. P. Widenhouse, John L. Barnhardt.
1909— Chaptek 433. 635
CALDWELL COUNTY. Caklwell county.
Wilsoti Creek — S. T. Jackson, W. P. Tuttle (six years).
Lenoir — W. S. Miller, J. A. Bush, W. L. Swanson (two years),
Bristol Hood (two years).
Hudson — W. H. H. Hartley (two years), M. A. Williams, J. S.
Hart, J. P. Herman.
North Catawda — Richard Bush.
Lovelady — George W. Sherrill.
Glol)e — Vernon Gragg.
Little River — John M. Downs.
CAMDEN COUNTY. Camden county.
South Mills — J. L. Foster.
Shiloh—3. C. Barker, J. E. Cooke.
Camden— T. B. Bushell.
CAKTEEET COUNTY. Carteret county.
White Oak—W. L. Taylor, E. A. Saunders, Thomas Smith.
Neuport — Daniel Simmons, A. H. Taylor, Nelson S. Bell. Gar-
rison M. Mann, J. E. Bell, D. W. Sabiston.
Morehead—D. J- Hall.
Davis — Hamlin H. Davis.
CASWELL COUNTY. Caswell county.
Anderson — J. R. Burton, P. E. Harrelson.
Dan River — T. S. Harrison, J. F. White, D. Y. Mebane, G. S.
Johnson, Sam Farmer.
LeasMirg—R. P. Smith, P.. F. Stanfield, A. York, C. B. Compton.
Locust Hill — J. B. Worsham.
Pelham—W. H. Gatewood, O. R. Hinton, J. W. Travis, J. T.
McGee.
Yanceyville — N. C. Brandon, W. B. Lyon, B. F. Hurdle.
Stonij Creek— W. J. Stadler, T. C. Neal.
Milton— T. A. Winstead.
CATAWBA COUNTY. Catawba county.
Hickory — Samuel E. Killian, W. F. Bruus, N. A. Whitener, Jcmas
P. Seitz.
Cataicha — Albert L. Erwin, Alouzo P. Little.
CHATHAM COUNTY. Chatham county.
Netv Hope — N. J. WiLson, Robert J. Yates.
Cape Fear — J. D. ]McIver.
Bear Creek — B. A. Phillips.
Oakland — A. C. Brown.
Hickory Mountain — J. M. Keck.
Hadley — S. S. Jones, Thomas S. I'erry, S. P. Teague. Jr.
636
1909— Chapter 433.
Cherokee county.
Cleveland county.
Columbus county.
Craven county.
Cumberland
county.
CHEROKEE COUNTT.
Murphy — P. E. Nelson, W. E. Ferguson, M. L. Mauney, J. S.
Keener, B. K. Hall, Jr., S. W. Davidson.
Beaver Dam — M. A. Ilembry, J. M. Martin, G. J. Crow, Whit-
combe James.
Shoal Creek — R. R. Postell, E. A. Hood, James Cunningham,
Aaron Bryan, A. G. Sparks.
Hot House — I. M. Gattis, John M. Newman, S. W. Lefeever.
Notla—E. R. Barber, James Walker, A. H. Davidson, A. M.
Hatchett, W. B. Dickey.
V alley toiDH—C. W. Savage, T. J. Christie, Z. L. Whitaker, H. M.
Whitaker, S. E. Bryson, Craig Phillips, C. T. Sisk, Robert Piercy,
J. W. Brown, Arthur Moulton, J. A. Parker, Robert Kapehart,
Thomas E. Ladd, D. S. Russell, W. R. Lunsford.
CLEVELAND COUNTY.
Number One — J. A. McCraw, L. B. Scruggs, S. R. Humphrey*
(for two years each).
Number Two — Marvin Blanton, Osburn W. Holland, B. B. Harris.
Number Five — J. Y. Hord, Clarence Plonk (for two years each).
Number Six — W. J. Roberts (for two years).
Number Eight — P. S. Gettys.
Number Eleven — George W. Peeler (for two years).
COLUMBUS COUNTY.
Whiteville — J. C. Hooks, E. A. Maultsby.
Western Prong— J. T. Wooten, W. D. Wooten, G. F. Smith.
Ransom — Bartemus F. Applewhite, Lorenzo R. Hobbs.
Williams— S. P. Ward.
Fair Bluff— William Strickland.
Chadbourn — Daniel Buaghner.
Tatom's — D. S. Benson.
Bolton— 3. D. Strauss, A. T. Clark, Dr. S. A. Smith, I. K. Clervis,
Crandall Brown.
CKAVEN COUNTY.
Number One — J. A. Aldridge, J. J. Dixon.
Number Tioo — N. M. Farrow.
Number Three — O. H. Wetherington, Luby S. Harper, A. S.
Dixon, C. C. Holland.
Number Seven — Joe D. Williams.
Number Eight— A. T. Wetherington, L. S. Wood, S. R. Ball, W. F.
Hill, S. H. Fowler, Daniel Shiue Jones.
CUMBERLAND COUNTY.
Rock fish — John (Roslin) Smith.
Black River — E. J. Godwin, J. N. Mclntyre, George W. Starling.
Pierce Mill — L. A. Williamson, J. J. Maloney, D. H. McMillan,
S. S. Arey.
1909— Chapter 433. 637
Cross Creek — John W. Underwood, J. W. Atkinson, M. Mel. Mc-
Mattbews, W. C. Holland, E. E. Gorliani, R. II. Buckingham.
Gray's Creek — F. A. Marsh.
Cedar Creek— C. H. Cogdell.
Flea Hill — John C. Williams, J. R. Bowden.
CUKRITXTCK COUNTY. Currituck county.
Craicford — J. L. DeCormis, A. D. Sawyer, L. Walker (six years).
DAEE COUNTY. Dare county.
Ocracoke — Horatio Williams.
Nag's Head—W. S. Davis, J. W. Ward.
East Lake — Charles L. Mann.
Eennakeet — F. L. Scarborough.
DAVIDSON COUNTY. Davidson county.
Lexington — James F. Hedrick, James Addertou, Curran P.
Graver.
Cotton Grove — O. Lee Stoner, George Smith, John L. Miller.
Abbott's Creek — Joseph Yokley, C. A. Stone, Charles Hedgecock.
C. H. Teague, M. D. Raper, J. J. Idol, C. A. Spurgin.
Reedy Creek — John D. Hill, William L. Gobble, Junius C. Link,
W. F. Williams. J. D. Huffman, Robert Warner, John S. DeLap.
Healing Springs — W. P. Kinney.
Hampton — James L. Nelson, Ephraim D. Brewer, W. B. Hamp-
ton.
Conrad Hill — John H. Crotts.
Emmons — U. E. Sexton, Walter Cochraham, B. F. Lanier, David
A. Leach, A. Sam Miller, A. E. Ward, James L. Lanier.
Silver Hill — John L. Nance, George W. Hedrick.
Jackson Hill— George I. J. Elliott, R. M. Stokes.
Thomasville — J. R. Keen. C. W. Burton, J. R. Stone.
Tyro—D. C. Graver, W. J. Giles.
DAVIE COUNTY. Davie county.
Callahan — T. M. Anderson, N. S. Gaither.
Clarksville — A. H. McMahan, Frank B. Hendricks.
Fannington — E. C. Smith, D. F. Taylor.
Fulton — L. A. Grouse, W. F. Merrill.
Jerusalem — John ]\I. Blount, P. S. Stewart, James H. Coley.
Mocksville—E. E. Hunt, W. C. Denny.
Shady Grove— H. T. Smithdeal, J. C. Smith.
DUPLIN COUNTY. Duplin county.
Rose Hill — Robjert Williams, E. A. Benton, I. P. J. Alderman.
Faison — J. A. Shimes, Fai.son Hicks. S. A. Bowden, J. S. Sellara
Limestone — Thomas J. Smith.
638
1909— Chapter. 433.
Durham county.
Edgecombe
county.
Forsyth county.
Gaston county.
DURHAM COUNTY.
Oak Grove — A. M. Sorrell. James D. Fletcher (for four years
each ) .
EDGECOMBE COUNTY.
Number Six—W. H. Cobb. •
Niwiber Seven — W. W. Vick (for four years).
Ntimher Eight — B. F. Eagles.
Niwiber Eleven — R. M. Bro\vn (for four years).
FORSYTH COUNTY.
Abhotfs Creek— J. H. Stafford.
Beleio's Creek — .J. W. Fare.
Bethania — J. G. Clayton.
Broad Bay—G. A. Clodfelter.
Kernersville — Thomas A. Wilson, D. W. Harmon, Frank Dean.
Old Richmond — Jesse E. Speas, J. F. Dowd, W. A. Spainhour.
Old Total— C. H. Hauser.
South Fork — James A. Alspaugh.
GASTON COUNTY.
Cherryville—A. F. Henry. A. H. Huss, R. R. Mauney, Larkin
Carpenter.
River Bend — E. O. Davis, Jacob Jenkins.
Crowder's Mountain~0. G. Falls, J. T. R. Dameron, J. H. Wil-
kins, C. A. Thornburg.
Gastonia — James R. Dellinger.
Gates county.
Graham county.
GATES COUNTY
Hall—K. R. Carter.
HasJetrs—W. M. Mathews.
GatesviUe — S. J. Hayes.
GRAHAM COUNTY.
Syicoah — P. G. Green.
CJwoah—W. H. Eller.
Yellow Creek — R. L. Wilson.
Granville county. GRANVILLE COUNTY.
0 j-f ord— Thomas D. Waller, S. V. Ellis.
Brassfield — Charles N. Floyd.
Fishing Creek — D. H. Currin.
Tally Ho—John P. Canady, W. S. Gooch.
Sassafras Fork — W. B. Royster.
Salem — N. G. Crews.
Oak Hill— J. W. Wilboru.
DutcJiville — S. A. Fleming.
1909— Chaptee 433. 639
GUILFORD COUNTY. Guilford county.
Washington — W. P. Heath, C. M. Zimmerman, C. L. Sockwell.
Greene — W. A. Staley, George M. Amick.
Siitnmer — R. C. Short.
Friendship— Dr. A. T. Millis, M. L. Kendall.
Bruce— R. V. Harris, T. A. Wilson, John C. Bunch.
Clay— Joseph C. Kennett, L. Vance Garrett. Ed. T. Coble.
■Jamestoicn — J. Lee Coltrain, J. A. Gray, J. H. Smith.
High Point — A. J. Dodmead, J. M. Sechrest.
lloreheaS, — Sam Browe.
Gilmer~R. W. Murray, D. H. Collins.
HALIFAX COUNTY. Halifax county.
BrinJcleyville—W. H. Haj-es, H. S. Quarles, George L. Knight,
G. S. Sledge, John C. Cushwa.
Enfield— J. W. Pitman, T. S. Pettitt (for four years), J. L.
Barnes (for four years), Balfour Dunn (for four years), F. L.
Pitts (for four years), Simon Meyer (for four years), John
Bleavins (for four years), R. B. Britt (for four years), S. G. Whit-
field. John J. Robertson.
Weldon — John E. Branch (for four years). E. L. Green (for four
years).
Scotland yecJc — Isaac H. Smith.
Roseneath — Moses Strickland, Collin Allsbrook.
Buttencood — C. X. Hamell, J. R. Liles, W. E. Nicholson.
Halifax— R. W. Carter, M. A. Clark. L. A. Mullen (for two
years).
Littleton — M. J, Morriss.
Fancett's—T. J. Barnes, W. H. Hux, D. T. Cook.
HARNETT COUNTY. Harnett county.
Anderson Creek — D. P. Ray, Niven Ray, John S. Johnson.
Averasboro — \. L. Stephenson, J. V. Barefoot, H. C. McNeill,
J. R. Godwin, John D. Phillips, J. F. Phillips.
Barbecue— A. D. Waddell, T. W. Harrington.
Black River — J. A. Hockaday, W. H. Gregory, J. W. Flowers.
Bitck Horn — John G. Johnson, J. D. Champion, T. P. Lanier, J. A.
Champion.
J)uke — C. H. Adams. C. J. Smith (for two years each).
Grove-J. A. Stewart, G. W. Whittington, C. D. Stewart. J. A.
Turlington, D. A. Holland.
HAYWOOD COUNTY. Haywood county.
Cliidr—D. H. Byers, A. G. Osburn, W. H. Tarrell (for two
years).
Ivy nui—j. A. Low.
640
1909— Chaptek 433.
Henderson
county.
Hertford county.
Hyde county.
Iredell county.
Jackson county.
Johnston county.
HENDERSON COUNTY.
Blue Ridge— D. N. Wells, S. M. Gilliam.
Clear Creek — J. S. Hart, Robert Harper. .
Crab Creek — W. A. Mason.
Edenville — A. S. Edney, A. L. Maxwell, W. F. Pryor, G. P. Edney,
R. *E. L. Freeman.
areeii River— n. B. Ward, A. A. McDowell. S. J. Heatberly.
HendcrsonvUle — B. Daltou, J. A. Bryson, J. R. Wilkie. J. P. Pat-
ton, R. M. Gates, J. W. Wofford.
Hooper's Creek — Frank Smith, W. F. Byers, Jobn P. Wilkie.
Mills River — ^T. E. Osburn, J. H. Murray.
HERTFORD COUNTY.
Murfreeshoro — Isaac Pipkin, L. T. Garris, T. M. Forbes.
Manney's Neck — L. F. Lee, R. A. Majette, E. T. Darden.
St. John's — A. J. Vinson, Jobn Freeman, Geno Jenkins, A. P.
Joyner.
HarreUsville-iyaxia Bazemore, W. E. Miller, C. M. Cullins.
Ahoskie — R. J. Baker, J. J. Askew, J. R. Garrett.
HYDE COUNTY.
Lake Landing — Edward Adams, E. H. Jones, T. R. Benson,
George I. Watson.
Currituck — Z. T. Fortisque, H. R. Russell, A. R. Davenport,
M. G. Williams.
Fairfield — Linwood Williams, L. L. Swindell.
Ocracoke — Horatio W^illiams, M. L. Piland.
IREDELL COUNTY.
Netc Hope — J. I. Jolly.
Union Orove — Z. R. Tbarpe, J. P. Howard, J. W. Vanhoy.
Eagle Mill—T. G. AVallace, E. E. Smitb.
Olin — J. W. Vanstory.
Turnershurg — F. B. Gaitber.
Chamhersliurg — G. W. McNeely.
Fallstown — W. J. Morrison.
Sharpshurg — S. E. Jobnson.
JACKSON COUNTY.
Dillsl)m'0—M. Y. Jarrett.
Cullowhee — Wilson L. Henson.
Mountain — M. L. Coggins.
Webster — Roy F. Leatberwood.
JOHNSTON COUNTY.
O'NeaVs — J. L. Jones, J. C. Hood.
Wilder's—W. M. Estridge.
Beulah — R. H. Alford (for four years).
1909— Chapter 433. 641
JONES COUNTY. jones county.
Cypress Creek — Joe Brown (for two years).
Chinguepin — Lake Dillabunt, Stephen Hill.
Trentoji — Lon Taylor, S. H. Haywood.
. White Oak— Clyde Mattock, A. N. Humphrey (for two years).
PoUocksville— George W. White.
Tuckahoe—W. B. Dale.
LENOIR COUNTY. Lenoir county.
Kinston—3. G. Cox, H. C. V. Peebles (two years).
Pink Hill— J. N. Jones (two years).
Woodington — Millard Davenport (two years), E. H. Waller, Clar-
ence Humphrey (two years).
Falling Creek— H. F. Hughes (two years).
^/«.^^o«— .John E. Quiuerly (two years), W. L. Holderby (two
years).
LEE COUNTY. Lee county.
Cai)e Fear— A.. N. Yarborough, James A. Marks.
East Sanford—T. A. Yarborough, W. D. Oliver.
Pocket— O. D. Palmer.
West San ford — J. L. Tyson. A. W. Wicker.
Deep River— E. M. O'Connell.
LINCOLN COUNTY. Lincoln county.
Catawba Springs — J. N. Nixon, R. H. Ballard, A. A. Keever.
Ironton—R. F. Goodson, J. P. Munday, S. J. Shrum.
Lincolnton — S. W. McKee.
Hoicard's Creek— A. S. Coon, E. I. Mosteller, W. M. Sain, W. W.
Noland, M. M. Lutz.
North Brook— J. C. Beam, J. K. Wilson, D. J. Beam.
MACON COUNTY. Macon county.
Highlands— T. Baxter White.
Franklin — Robert Stamey.
Cowee — M. J. Mashburn.
MADISON COUNTY. Madison county.
Number One — Barnett Fortner (for two years).
Number Two— J. W. Crow (for two years), W. B. Banks (for
two years).
Number Four— J. M. Dewees, J. M. Hensley (for two years).
Number Six — Will Carver (for two years).
Number Eight— J. F. Askew (for two years), S. L. Plemmons
(for two years).
Number Nine—Y. H. Reynolds, J. M. Waddell, Vernon Church
(for two years each).
Number Eleven— H. D. Waldrup (for two years).
Pub.-^l
642
1909— Chapter 433.
Martin county.
McDowell county.
Mecklenburg
county.
Mitchell county.
Montgomery
county.
Moore county.
Number Twelve — S. C. Worley, John Roberts (for two years
each).
Number Thirteen — E. A. Russell.
Number Fourteen — W. R. Sams, J. E. Ramsey (for two years
each ) .
MARTIN COUNTY.
JamesviUe — J. O. Smith, C. A. Askew, John E. Ridick.
Robersonville — S. M. Brooks.
Goose Nest — PI. C. Harrington.
Hamilton — George P. Roberson.
JCfUOWEI.I, COUNTY.
Brackett's — P. D. Nannly, M. P. Flack, W. C. Baburn.
Marion — C. P. Meacham (for two years).
MECKLENBURG COUNTY.
Steele Creek — John L. Milhvee.
Charlotte— W. H. Hall.
Crab Orchard — I. Grier Wallace.
Paw Creek — N. A. Cathey.
Morning 8tar—W. S. Paxton, William L. Hood, S. B. Smith.
Plneville — R. B. Johnston.
Lemleifs — J. T. Cashion, M. il. Blythe.
Clear Creek — W. H. Beaver, J. A. Helms.
MITCHELL COUNTY.
Cliper Hollo IV Poplar — Samuel C. Bradshaw.
Grassy Creek — C. A. Peterson.
MONTGOMERY COUNTY.
Trop — Arthur Deaton, Ed. McNeill, N. F. Monroe.
Pee Dee — George Usery.
Mt. Giledd — Marvin Bruton, L. A. Roberts.
Little River — E. M. Tyson, B. B. Martin.
Vwharrie — Charlie Tickers.
Hill— NeiW W. Mauess.
Ophir—W. L. Thayer.
Cheek's Creek — Bethel Kearns.
MOORE COUNTY.
McNeilVs—DiwiiQl McNeill, C. W. Shaw, T. D. McLean.
8ancl Hill—L. S. Packard, John Campbell, F. H. Weaver.
Mineral Springs — I. H. Coddell.
Ritter's — N. I. Finuison, W. L. Ritter, J. C. Cavlness, H. A.
Keith.
Bensolam — J. M. Deaton.
Carthage — H. A. Foote, John A. Fry.
Sheffield — J. W. Moore, C. C. Hunsucker.
Greenwood — A. J. Keith.
1909 — Chapter 433.
643
NASH COUNTY.
—Isaac F. Hight (for two years).
Red Oak—W. H. Faulkner. Charles L. Moss, J. A. Beal, W. H.
Jones (for two years).
Stony Creek— W. D. Boseman (for four years).
North WMtaker' s—WiUvAm S. Baker (for two years).
NEW HANOVER COUNTY.
Wilmington— John J. Fowler, George Harriss, Fred T. Skipper.
Federal Point — Hans A. Kure.
Nash county.
New Hanover
county.
NORTHAMPTON COUNTY.
Rich Square— a G. Connor, Albert Vann, W. E. Spivey, Cecil W.
Harrell, Isaac Carter, J. P. Smith.
ja,.l)y—W. T. Bridges, W. J. Beale, J. O. Flythe, C. T. Parker,
C. R. Revell, W. H. Pruden, K. R. Madry, D. N. Stephenson.
' Roaiiok^ames R. Baughom, P. T. Hicks, F. C. Brewer, J. H.
Wood, C. R. Harrell, W. C. Spivey, W. W. Draper, J. M. Grant.
Occoneechee— James E. Capel, George E. Ransom, W. H. Ste-
l>henson, John H. Fitzhugh, Robert L. Reese.
Pleasant Hill—W. I. Daniel.
Jacksoih—R. W. Fleetwood.
Gaston—^. S. Rooke, T. P. High, Benjamin W. Vincent.
Seaboardr-J. E. Woodroof, C. P. Stephenson, W. T. Norvelle.
Wicacojiee— J. H. DeBerry, L. L. Taylor, John G. Patterson,
H. P. M. Garriss, A. B. Spivey, J. G. Stancell.
ONSI.OW COUNTY.
Richland— S. B. Taylor, Frank D. Shaw. Amos H. Huffman.
Jacksonville— U. C. Canady.
White Oak—W. A. Eubanks.
ORANGE COUNTY.
Hillshoro—C. H. Robertson.
Bingham — Ed. N. Gates.
Chapel Hill—W. J. A. Cheek.
PAMLICO COUNTY.
yumber O/iC— X. G. Brinson, William A. Banks, John L. Har-
rison.
Number Two— Edward S. Broughton, Sr.
Number Three— B.. M. Tingle, J. T. Dowson.
Number Four— J. D. Saddler, Walter Hamilton.
PASQUOTANK COUNTY.
Mount Hermonr— Charles Munden (for four years).
Northampton
county.
Onslow county.
Orange county.
Pamlico county.
Pasquotank
county.
644
1909— Chapter 433.
Pender county.
Perquimans
county.
Person county.
Pitt county.
Polk county.
Randolph county.
PENDER COUNTY.
Columbia — H. M. Page.
Crrady — John H. Briuson, N. R. Groom.
PERQUIMANS COUNTY.
Belvidere — E. G. Simpson.
Parkville — Thomas J. Nixou.
Hertford— T. S. White, J. P. Winslow, J. T. Brinn.
Bethel— T. J. Long.
Neiv Hope — B. F. Humphreys.
PERSON COUNTY.
Allensville — J. Q. Yarborough, J. E. Montague, R. B. Beasley,
Solomon O'Briant, C. T. Pool.
Bushy Fork—C. W. Bradsher, Q. E. Morton. J. H. Newton.
Cunningham — J. M. Jones, P. H. Clay, G. L. Cunningham, J. R.
Long.
Olive Hill—W. H. Moore, T. C. Wagstaff, W. C. Woody.
Mt. Tirzah—J. W. Cash, J. L. Noell, W. F. Reade.
Flat River — James T. Gates, George Jones, James T. Noell. Tobe
Satterfield.
Woodsdale — John S. Cunningham, W. H. Hall, G. B. Williams.
Hollotvay — George E. Woody, John Montague, G. D. Neal, O. D.
Bailey, W. D. Gregory.
Roxhoro — W. D. Yarborough, J. W. Younger, J. S. Clayton.
PITT COUNTY.
Chicod — -B. J. Skinner (for two years).
POLK COUNTY.
J. W. Powell, J. R. Williams. T. M. Ross, W. C. Hague, Andrew
Jackson, W. C. Ward, W. O. Henderson, R. A. Leonard, John W.
Edwards, W. B. Feagans, W. W. Coward, C. D. Elliott, R. D.
Gilbert, Martin Thompson, G. L. Taylor, William Ledbetter, N. D.
Moore, J. M. Butler, T. C. Mills.
RANDOLPH COUNTY.
Franklinville — Clarence Parks, J. F. Brower, J. F. Lane.
Trinity — J. D. Brame, T. S. Bouldin.
New Market — R. L. Causey, R. L. White.
Providence — W. R. Julian, Nathaniel Allred.
Tabernacle — David Thomas, R. J. Pierce.
Black Creek — J. A. Neighbors, G. L. Robin, A. C. Farlow.
Concord — J. H. Kearns.
Cedar Ch'ove — E. Whatley, John Rush.
Ch-ant — ^A. S. Pugh, P. F. Spoon, Monroe Cox.
1909 — Chapter 433. 645
Coleridge— T. J. Green, J. M. Caviuess, J. T. Lambert, T. S.
Graves.
Randleman — J. A. Withers, W. T. Bryant.
New Hope — William T. Carter.
Union — J. D. Welch.
Brower — B. F. Brown.
Ashel)oro — W. D. Spoon, N. M. Lowe, H. C. Moffitt.
EICHMOND COUNTY. Richmond county.
Mark's Creek— G. W. Rooker, W. A. Wilkes, C. B. Millikin, R. A.
Lackey (for four years each).
Beaver Dam— J. W. Butler, James L. McDonald, J. H. Webb
(for four years each).
Rockingham — A. J. Harrington, W. B. McKenzie, W. F. Long,
George M. Rainwater (for four years each).
Black Jack — C. H. Key, R. L. Hinson, J. F. Capel (for four
years each).
Wolf Pit— John E. Shaw, R. L. Ussery (for four years each).
Mineral Spring— P. O'Brien, D. C. McRae (for four 5'ears each).
Steel's — C. C. Capel (for four years).
EOBESON COUNTY. Robeson county.
Blue Springs — Thomas H. Tyson, George T. Watson, L. D.
Warner.
Red Springs — Charles C. Purcell.
Sterling — J. G. Lewis.
Alfordsville — J. L. Monroe.
Lumberton — J. A. McAlister, Lester B. Townsend, A. P. Caldwell,
J. A. Rowland.
Thompson — A. T. McKellar.
Wishart's—E. R. Phillips, J. T. Phillips, J. Pink Smith, A. E.
Israel.
Howellsville — J. A. Townsend, N. C. Graham, Isham Kinlaw.
St. Paul's — G. T. Fisher, William S. Johnson, Marcus Smith.
Black Swamp — Z. R. Prevatt.
Maxton — J. S. McRae.
ROCKINGHAM COUNTY. Rockingham
county.
Neic Bethel— T. B. Wilson, W. L Witty.
Huntsville—W. R. Gentry, J. Mart Lindsay, D. A. Walker.
Williamsburg — George T. Davis.
Mayficld — A. N. Atkinson.
Leaksville — J. H. Lane, J. S. Hopper, E. E. Emerson, Frederick
Brantley, Jr.
ROWAN COUNTY. Rowan county.
Unity — N. N. Fleming, T. V. Terrell.
Morgan — Joseph A. Miller.
646
1909— Chapter 433.
Rutherford
countj'.
Sampson county.
Scotland county.
Stanly county.
Providence — George M. Barringer.
Litaker — J. J. Shupping.
Salishury—J. O. White.
Cliina Grove — H. O. Archey, Stephen Ketchie.
RUTHERFORD COUNTY.
Lof/aii Store— W. G. Grayson, W. N. S. Rollins, L. L. Long. R. P.
Ensley, I. P. Guffey.
Chimney Roek — Frank Reynolds, Paul F. Searcey.
Green Hill— A. P. Hill, J. W. Elliott.
Union — W. W. Gray, James M. Owen.
Duncan's Creek — W. L. Toms.
Golden Valley— K. S. Rollins, S. B. Harris, J. Y. Yelton.
Camp Creek — J. D. Morris, J. L. Barnes, W. G. Flack.
Gilkey—G. M. Flack, W. F. Doggett.
Sulphur Sprinys — J. C. Roach, J. W. Hill, George Huntley.
Rutherfordto)!' — Lee Hampton.
Co//aa?— Jackson Blanton.
SAMPSON COUNTY.
Mingo — E. R. Wilson.
Dismal — L. C. Spell.
Piny Grove — J. R. Sutton.
SCOTLAND COUNTY.
Laurel Hill — D. Stewart (for four years), J. H. Lee (for four
years), S. A. Sneed (for two years), C. C. Sneed (for two years),
L. P. Gibson, R. N. Monroe.
Spriny Hill — E. F. Murray (for two years), J. M. McLean (for
two years), W. J. Matthews (for four years), Neill McKoy (for
four years), A. E. Shaw, A. J. Connelly.
Williamson — J. A. McNeill (for two years), W. N. McKenzie
(for two years), W. Z. Gibson (for four years), W. I?. Johnson (for
four years), W. H. Farmer, F. L. Rachaels.
Steirartsville — J. W. Jernegan (for two years), S. W. Covington
(for four years), F. L. Bundy (for four years), R. L. Hammond
(for two years), J. S. Thompson (for four years). A. M. Mc-
Kinnon. Ed. Jones.
STANLY COUNTY.
Albemarle — J. E. Ewing (for two years), W. K. Littleton (for
two years), J. S. Miller (for two years).
Center — James W. Smith (for two years), S. J. Lentz (for two
years), T. P. Snuggs (for two years).
Almond — L. H. Bost, James F. Mason.
Furr — R. W. Simpson, R. N. Furr.
Big Lick—T>. E. Efird, E. R. Whitley.
Tyson — R. W. Thompson.
1909— Chapter 433. 647
STOKES COUNTY. Stokes county.
Danbury—^. A. Martin, R. W. Hill.
Sauratoicn — P. H. Linville, A. S. Mitchell, E. A. Rothrock.
Meadowtoicn — J. N. Youug, L. M. ]McKenzie, A. H. Rutledge,
J. M. Redding.
Yadkin— 3. P. Covington, W. A. Sullivan. J. T. Johnson, J. S. D.
Pulliau, D. F. Tillotsou.
Quaker Gap— J. D. George, R. E. Smith, B. H. Boyles, W. M.
Covington.
Peter's Creek — E. C. Shepherd, James Moore (or F. L. Moore),
R. L. Lawsou, J. A. Lawson.
Snow Creek — L. A. Amos, C. Walter Hankins, D. S. R. Martin.
Beaver Island — J. Wilson Mitchell, L. W. Blackwell.
SURRY COUNTY. Surry county.
Mt. Airy — Thomas B. McCargo, N. P. Short, Samuel Pace, A. W.
Dean, James A. Deatherage, P. S. Rothrock, E. F. McKinney,
R. M. Wray, E. C. Shelton, G. M. Sparger, John A. Cox.
Westfield — Rufus K. Simmons, J. W. Jessup, S. L. Arrington.
Caleb Cook.
Rockford — T. E. Snow, B. D. Vaughan.
Shoals— T. P. Hauser.
Marsh — J. D. Key, H. E. Beamer.
Bryan — J. M. Cockerham, Newton McCanu.
Franklin — I. F. Armfield, James Bartley.
Stewart's Creek — Mint Brinkley.
Dohson — John H. Poindexter, R. S. Folger, A. H. Freeman, G. M.
Jervis.
Eldara — C. L. Badgett, G. T. Jones.
SWAIN COUNTY. Swain county.
Nantahala — John T. Cunningham, John T. Welch.
TRANSYLVANIA COUNTY. Transylvania
county.
Gloster — Joseph M. Galloway, Joseph House.
Dunn's Rock— Edwavds Batson, John C. Bagwell.
Boyd — T. R. Duncan, Leander Ledbetter.
TYRRELL COUNTY. Tyrrell county.
Volnnihia — W. N. Norman, C. T. Godwin, J. B. Cahoon, Jerry
Brickhousc.
Gum Neck — Dallas Cahoon, W. S. Sikes.
Scuppernong — W. W. Sawyer, Samuel L. Harris.
South ForJc—T. C. Patrick, J. D. Phelps.
UNION COUNTY'. Union county.
Sandy Ridf/e—3. I. Harkey, H. L. Price, S. W. Stewart, George
McManus.
648
1909— Chapter 433.
Jackson — Henry McWliirter, R. T. Listare, J. E. Bigham, J. B.
Godfrey, James T. Steele, W. P. Neely.
Bitford — L. A. Helms, T. C. Eubanks, Sidney Broom, Phillip
Whitley, Jr., E. Reese Barnes, W. P. Pyler.
Lane's Creek — James Sturdivant.
MarsJiville — James A. Marsh, Fred. Ashcraft.
Neio Salem — Lafaj'ette Staton, Joseph Carraway, P. J. C. Efird,
William Smith, B. B. Purser, M. C. Austin, James A. Austin.
Goose Creek — W. P. Robinson, J. C. Helms, J. T. Helms, E. E.
Presson, A. W. McManus, George A. Long, R. W. Scott.
Vance — Dan Austin, Joseph Rodgers, M. T. Stallings, P. C. Stin-
sou, J. I. Orr, Frank Keziah, James Benton.
Monroe — Stanley Polk, T. J. W. Broom.
Vance county. vance county.
WilUamsboro — R. A. Bullock, N. G. Knott.
Townsville — J. M. B. Hunt, J. E. Kimball, J. S. Royster.
Henderson — W. E. Garj% Frank Wortham, T. L. Jones.
Middlehurg — Edwin I^. Fleming.
Dabney — L. W. Burroughs, J. B. Glover.
Nutbush-—G. M. White, George W. White.
Sandy Creek— J. N. Temstall, S. W. Duke.
Kittrell—C. H. Williams, H. M. Hight, J. B. Allen, J. L. Stone.
Wake county. WAKE COUNTY.
Raleigh— \V. M. Utley, E. M. Bledsoe, T. A. Arnold, S. L. Rotter,
J. B. Danelly.
Middle Creek— T. R. Harrison, R. P. Stuart, A. F, Smith.
Neuse River — N. W. Hatch, J. B. Wiggins.
White Oak—0. I. Hudson, C. F. Williams.
Holly Springs — W. H. Burt, Joseph R. Carter, J. Sidney Ste-
phens.
Barton's Creek — J. J. Howard, L. L. Brogden, W. A. Pugh.
Wake Forest— J. H. Mitchell.
Swift Creek — A. S. Morgan, David Stephenson, John Stevens.
New Light— W. T. Morton, P. R. Allen, R. N. Griffin.
Mark's Creek — F. M. Ferrall.
Warren county. WAEBEN county.
Warrenton — W. P. Massenburg, E. C. Price.
Haic Tree — C. R. Leete.
Fork — Grant Be&rdsley.
Smith Creek — J. T. Northcott.
Six pound — J. B. White.
Judkins — D. L. Ryder, W. R. Bennett.
River — Jack Johnston, Willard Northington.
1909— Chapter 433. 649
WATAUGA COUNTY. Watauga county.
Cove Creek — A. P. Glenn (for two years).
Boone — J. W. Bryan, C. J. Cottrell (for two years each).
TFaioMf/a— J. W. Holsclaw, W. H. Mast (for two years each).
Laurel Creek — G. H. Rowe (for two years).
Bald Mountain — Thomas Greer (for two years).
North Fork — J. M. South (for two years).
Blowing Rock — W. T. Vandyke (for two years).
Meat Camp — Nathan Winborger (for two years).
Elk — George W. Carroll, Jr. (for two years.
Sliaicneliaic — William Bass (for two years).
WAYNE COUNTY. Wayne county.
Brogden — W. F. English.
Buck Swamp— E. S. Dees, W. R. Dees, G. F. Feele.
Goldshoro—l<l. B. Outlaw, E. W. Cox.
Nahunta—W. A. Martin, T. C. Hill, M. E. Britt, J. H. Best.
Stony Creek — O. F. Worrell (for two years), B. T. Person (for
two years).
PikcviUe — Keda Smith.
Saulston — J. B. Newcomb.
WILKES COUNTY. Wilkes county.
Antioch—J. F. Mastin, W. B. Harris, I. T. Mathis.
Boomer — J. M. McGlammery, W. F. Greer, A. M. Walsh.
Job's CaMn — H. L. Church, H. M. Hamby, H. H. Beshears, J. W.
Church. A. G. Beshears, Adolphus McNeill, J. C. Parsons, C. €.
Beshears.
Lewis' Fork — L. V. Cardwell.
Lovelace — R. N. Garner.
Mulherry — L. F. Johnson, A. N. Handy, J. F. Hutchinson.
'S'orth Wilkeshoro — J. S. Forrester, R. L. Church, George R.
Reaves (for six years), G. W. Upchurch (for two years).
Neic Castle — B. C. Armstrong, R. D. Mathis.
Rock Creek— W. W. Harris, J. S. Handy.
So7ners — W. C. Myers, J, P. McCarter.
Reddle's River — J. A. Pierce, L. A. Bullis.
Wahiut Groce—C. C. Alexander, J. P. Church, W. F. Hall.
Wilkesboro — A. T. Jones, Hazell Berry.
Brushy Mountain — Franklin Moore, E. P. Robinson.
Elk—n. L. Proffitt, B. C. Triplett, K. R. Lunsford.
Union — J. T. Royall.
WILSON COUNTY. Wilson county.
Wilson — R. W. McFarland, E. A. Darden, P. V. Barefoot, W. R.
Bryan, E. S. Toney, Amos Hays, B. P. Finch.
Black Creek — Dred Sauls, L. H. Barnes.
650
1909— Chapter 433—434.
Crossroads— 3 . S. Hays, Amos Barnes, H. Lamn.
Spring Hill — John W. Watson, Ransom Kirby.
Old Field— A. R. Taylor, A. T. Fulghum, R. H. Boswell, Grover
T. Lamn, T. R. Simpson.
Toisnot—G. R. Winstead, J. D. Bryant, J. R. Barkley, J. T.
Watson, J. W. Cox.
Gardner's— W. D. Forbis, T. J. Wiggins, Jolin F. Owens.
Stantonshiirg—'W. L. Shelton, R. M. Whitley, W. J. Petway.
ro2//or's— Wiley D. Dew, Bat Thompson, H. T. O'Neal.
Yadkin county. YADKIN COUNTY.
Boonville — R. L. Spears, .Tames Fleming.
Jonesville — K. M. Thompson, W. J. Swain.
Yadkinville — J. D. Phillips, I. L. Holcombe, John Wiseman.
East Bend—V. L. Kiger, T. A. Poindexter, W. H. Norman.
Williams — G. F. Black, N. T. Bryan.
HuntsviUe — John Long.
Hamptonville — J. H. Gough.
Yancey county. YANCY COUNTY.
Burnsville — A. J. Bennett, D. A. Angel.
Jack's Crek — D. M. Hampton, T. C. Byrd.
Raniseytown — W. M. Mcintosh.
Cain River — S. L. English, E. J. Angel, Glen Proffitt.
Green Mountai^i^-W. M. English, I. A. Mclntuall, S. P. Huskins.
Crabtree — J. A. Gouge, J. D. Hughes.
.South Toe — John Wilson, James P. Westall, Arthur Patton,
James Hoover.
Egypt — .James Renfrew, John King, Holt Hensley, Mack N. Mc-
Currey.
Pensacola — Columbus Allen.
Price — James A. Casida.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 434.
AN ACT REQUIRING THE CLERKS OF THE SUPERIOR
COURTS OF THE STATE TO MAKE REPORTS TO THE
ATTORNEY-GENERAL.
Clerks to report to
Attorney -General.
The General Assembly of North Carolina do enact:
Section 1. That within ten days after the adjournment of every
Superior Court held in the State of North Carolina, either pre-
scribed, special, criminal or civil, the clerk of said court shall
make out and forward to the Attorney-General an accurate state-
Facts to be stated, ment. under seal of his office, containing the following facts: The
1909— CiiAPTEK 434—435. 051
day and date of opening court; the number of cases disposed of;
the number of cases continued ; the date and days court was held ;
the date and day court was adjourned ; cause of adjournment ; the
name of the judge holding said court.
Sec. 2. That it shall be the duty of the Secretary of State to Secretary of State
,,.,,„ ■ /^ 4- „j.. to lorvvani copies.
send a copy of this act to the clerk of the Superior Court ot
each county in this State within ten days after the adjournment
of the General Assembly.
Sec 3. That the Attorney-General shall have these reports tabu- Attorney-General
^ ,. ,, £-,-jj.^to tabulate and
lated and distributed to the next General Assembly. Said state- distribute reports.
ment, so tabulated, shall show the facts set out in section one of
this act.
Sec 4. That this act shall expire on November thirtieth, one Expiration of act
thousand nine hundred and ten.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 435.
AN ACT TO APPOINT MEMBERS OF THE COUNTY BOARDS
OF EDUCATION.
The General Assemhly of North Carolina do enact:
Section 1. That the following-named persons are hereby ap-
pointed members of the county boards of education in and for their
respective counties, the first-named person for each county for
the term of two years from the first Monday of July, one thousand
nine hundred and nine; the second-named person for each county
for the term of four years from the first Monday of July, one
thousand nine hundred and nine, and the last-named person for
each county for the term of six years from the first Monday of
July, one thousand nine hundred and nine — that is to say:
Alamance— W. K. Holt, S. E. Tate, J. Wesley Whitehead. .Mamance.
Alexander — V. W. Teague. II. J. Burke, R. L. Downs. Alexander.
Alleghany — J. Luiidy Joines, Eugene Transou, John W. Pool. .Alleghany.
Anson — Edward P. Liles, Charles H. Rivers, James L. Pratt. Anson.
Ashe — W. F. Lewis, Alvin Lewis, F. M. Miller. Ashe.
Beaufort — E. W. Ayers, W. M. Butt, Thad. R. Hodges. Beaufort.
Bertie— T. A. Smithwick. T. C. Bond, W. R. Rayner. Bertie.
Bladen— A. M. Kelly, A. McA. Council, N. M. Beatty. Bladen.
Brunstcick — Asa Edwards, John E. Robinson, J. B. Rourk. Bninswick.
Burke— J. T. McGimsey, J. II. Hoffman. J. E. Coulter. Bnrl<e.
Cabarrus — W. F. Smith, C. F. McAllister, J. P. Cook. Cabarrus.
Caldwell — Milton Greer, M. G. Shearer, P. d. Moore. Caldwell.
Camden — Simeon W. Williams, George W. Spencer, E. M. Doford. Camden.
652
1909— Chapter 435.
Carteret. Carteret— 3. F. Morris, C. N. Mason, C. P. Dey.
Caswell. CasweU — W. A. Maynard, R. I. Newman, T. J. Hatchett.
Catawba. Cataicha — F. J. Dellinger, P. A. Hayes, A. C. Link.
Chatham. Chatham — B. B. Phillips, A. R. Norwood, James B. Atwater.
Cherokee. Cherokee— W . G. Sparks, J. M. Richardson, P. E. Nelson.
Chowan. . Chowan — J. B. Twine, F. A. Ward, John M. Forehand.
Clay. . Clay— J. O. Scroggs, R. N. Tiger, S. H. Allison.
Coluinbu.s. Columbus — A..H. Porter, Minas Meares, J. E. L. Winecoff.
Craven. Craven — John S. JNIorton, Daniel Lane. R. A. Nunn.
Cumberland. Cumberland — John W. Hall, A. D. McGill, John A. Gates.
Currituck. Ciirrituck — Samuel Scott, E. D. Bowden. W. J. Tate.
Dare. Dare— T. J. Fulcher, S. A. Griffin, R. C. Evans.
Davidson. Davidson — J. W. Clegg, S. H. Averett, B. I. Harrison.
Davie. Davie — ^Albert W. Ellis, S. A. Woodruff, Thomas B. Bailey.
Duphn. DiipUn — L. A. Beasley, W. B. Southerland, M. F. Westbrook.
Durham. Durham — W. T. Mangum, George C. Stallings, John W. Umstead.
Forsyth. Forsyth — John W. Piunix. Ellis Hauser, John F. Griffith.
Franldin. Franklin — H. D. Edgerton, A. W. Perry, John C. Winston.
Gaston. Gaston — J. H. Rudasill, Henry A. Rhyne, S. N. Boyce.
Gates. Gates—John S. Felton, R. W. Simpson, T. E. Hofler.
Graham. Graham — J. M. Edwards, M. T. Maxwell, S. P. Harwood.
Granville. Granville— io^ex^h. G. Blalock, J. A. Morris, E. B. Meadows.
Greene. Greene — J(jhn Harvey, W. A. Darden, L. V. Morrill.
Guilford. Guilford — W. T. Whitsett, Charles H. Ireland, John C. Kennett.
Halifax. Halifax — Thomas H. Taylor, John A. Collins, W. P. White.
Harnett. Harnett — O. Bradley. John M. Hodges, T. W. Harrington.
Haywood. Hayicood — T. L. Gwynn, D. M. Cagle, J. K. Boone.
Henderson. Henderson — N. W. Posey, John P. Patton, C. Gates.
Hertford. Hertford — John E. Vann, Uriah Watson, C. W. Parker.
Hyde. Flyde — Z. T. Fortescue, M. S. Credle, W. P. Burrus.
Jackson. Jackson — J. J. Gray, W. R. Sherrill, R. L. Madison.
Johnston. Johnston — W. G. Wilson, George F. Woodard, J. J. Rose.
Jones. Jones — George Noble, Frank Jenkins, F. H. Foy.
Lee. Lee — E. M. Judd, M. A. McLeod, Thomas B. Lambeth.
Lenoir. Lenoir — R. H. Lewis, John C. Davis, George B. W. Hadley.
Lincoln. Lincoln — J. Frank Leatherman, D. C. K. Wilkerson, R. L. Sigmon.
Macon. Macon—J. T. Patton, W. L. Higdon, S. H. Lyle.
Madison. Madison — L. M. Bryan, Thomas Murray, Jasper Ebbs.
Martin. Martin — L. B. Wynne, J. T. Waldo, S. R. Biggs.
McDoweU. McDowell — Johnson Ledbetter, J. L. Padgett, D. E. Hudgins.
MitcheU. Mitchell — John W. Gudger, George M. Young, Reuben G. Wilson.
Montgomery. Montgomery — C. L. Cox, W. F. Hunsucker, H. S. Poole.
Moore. Moore— J. R. McQueen, W. H. H. Lawhorn, Calvin McNeill.
Nash. Nash — I. F. Finch, Frank V. Avent, W. S. Wilkinson.
New Hanover. Neiv Hanover — John H. Hanby, W. H. Sprunt, James H. Chad-
bourn.
1909 — Chapter 435.
653
Northampton — "W. T. Joyner, E. B. Lassiter, J. B. Stephenson. Northampton.
Onslow — O. F. Justice, Hosea Brown, D. F. Howard. On.-low.
Orange — John H. Hannah, J. S. Spurgeon, George C. Pickard. Orange.
Pamlico — James Potter, B. F. McCotter, H. L. Gibbs. Pamlico.
Pasquotank — John C. James, Jr.,W. A. Foster, J. M. Leroy. Pasquotank.
Pender — Gibson James, E. K. Bryan, D. J. Corbett, Jr. Pender.
Perquimans — John H. Ward, E. A. Brinn, J. C. Blanchard. Perqiiiman.-;.
Person — J. A. Long, Jr., J. W. Noell, B. F. Hester. Person.
Pitt— A. G. Cox, L. C. Arthur, M. O. Blount. Pitt.
PoUc—S. B. Weaver, J. F. Williams, F. C. Jackson. Polk
Randolph — W. N. Elder, I. F. Craven, T. W. Ingram. Randolph.
Richmond — ^A. H. McDonald, D. A. Parsons, Stephen Wall. Richmond.
Robeson — E. C. Nye, L. E. Hamer, Lucius McEae. Robeson.
Rockingham — Eobert H. Ivie, W. J. Williams, George W. Martin. Rockingham.
Roican — P. A. Sloop, Junius Farr, John S. Henderson. Rowan.
Sainpson — W. A. Bizzell, Claude E. Daniel, A. F. Johnson. Sampson.
Scotland—^. L. McNair, John T. Bostick, W. T. Pate. Scotland.
Stanly— J. M. Hartsell, D. P. Whitley, J. F. Shinn. Stanly.
Stokes — F. P. Stone, C. A. Mitchell, N. A. Martin. Stoke.=!.
Surry — B. J. Snow, G. C. Welch, J. S. Atkinson. Surry.
Swain — D. A. Eandolph, S. B. Gibson, A. H. Hayes. Swain.
Transylvania — M. M. Garron, Edwin Parr, W. W. Zachary. Transylvania.
Tyrrell — Paul Jones, H. T. Davenport, W. B. Morton. Tyrrell.
Union — E. E. Marsh, J. E. Broom, P. T. Way. Union.
Vance — Henry Shanks, J. U. Fleming, E. J. Gill. Vance.
Wake — M. C. Chamblee, L. J. Sears, C. B. Barbee. Wake.
Warren — Howard F. Jones. Tasker Polk, W. E. Vaughan. Warren.
Washington — W. H. Hardisou, C. J. Spruill, C. J. Norman. Washington.
Watauga — H. C. Miller, J. W. Farthing, T. P. Adams. Watauga.
Wayne — W. F. English, Barnes Aycock, Joseph E. Eobinson. Wayne.
Wilkes — E. A. Eeves, Vance McGhinis, E. A. Spainhour. Wilkes.
Wilso7i — B. J. Thompson, E. T. Barnes, Nathan Bass. Wilson.
Yadkin — J. W. Pass, J. H. Williams, J. O. Conrad. Yadkin.
Yancey — D. C. Eenfro, W. Hensley, J. Lloyd Young. Yancey.
Sec. 2. The Secretary of State shall within sixty days after the certificate from
ratification of this act send a certified copy of the names of the ^''^^^^^'"^' °'^ ^'''^'^•
county board of education for their respective counties to the clerk
of the Superior Court of each county in the State ; thereupon said
clerk shall immediately notify each member of his appointment and
direct said members to meet at the courthouse on the first Monday
in July for the purpose of qualifying and organizing said board.
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 ratifica-
tion.
Eatified this the 8th day of March. A. D. IDOTt.
654
1909— Chapter 436—437.
CHAPTER 436.
AX ACT TO REGl LATE TRAPPING IN COLLY TOWNSHIP,
BLADEN COUNTY.
Unlawful to set
traps except
within enclosure.
Violation of act
misdemeanor.
Punishment.
Application of
act.
The General Assemhly of yorth Carolina do enact:
Section 1. That it shall be unlawful for any person to set any
kind of traps for the purpose of catching game or any other pur-
pose, unless the said traps so set shall have been placed within an
enclosure sufficiently strong to protect hogs and other domestic
animals from being exposed to said traps.
Sec. 2. That any person violating this act or any part thereof
shall be guilty of a misdemeanor and shall be fined or imprisoned
at the discretion of the court.
Sec. 3. That this act shall apply to Colly Township, Bladen
County, only.
Sec 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. IDOD.
CHAPTER 437.
AN ACT TO AMEND SECTION 2461 OF REVISAL OF 1905
OF NORTH CAROLINA, RELATING TO OBSTRUCTIONS
ACROSS HIAWx'lSSEE RIVER.
Sluiceways and
fish ladders.
Tlie General Asscmhlj/ of Nortli Carolina do enact:
Section 1. That section two thousand four hundred and sixty-
one of the Revisal of one thousand nine hundred and five of North
Carolina be amended as follows : Strike out all words after the
word "across," in line two, down to and including the word "fish,"
In line seven of said section, and insert in lien thereof the fol-
lowing : "Hiawassee River, in Clay County, without providing
for the free passage of fish in said river by a sluiceway or fish
ladder not less than three feet nor more than ten feet wide, under
the same rules and regulations as set forth in lines forty-four to
fifty-two, inclusive of the word 'complaint,' in line fifty-two of
section two thousand four hundred and sixty-two of the Revisal
of one thousand nine hundred and five."
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 3d day of March, A. D. Ifl09.
1909— Chapter 438. 655
CHAPTER 438.
AN ACT TO AMEND CHAPTER TWO HUNDRED AND FIFTY-
SIX OF THE PUBLIC LAWS OF ONE THOUSAND NINE
IITNDRED AND SEVEN.
The General Assemblij of Xorth Carolina do enact:
That chapter two hundred and fifty-six of the Public Laws of Former act
,.,;,, ,^. ^ .. amended,
one thousand nine hundred and seven, relating to raising revenue.
be amended so as hereafter to read as follows :
Schedule A.
Sectio:s^ 1. Objects for ichich taxes arc levied.
That the taxes hereinafter designated are payable in the exist- Taxes payable in
ing national currency, and shall be assessed and collected under Rul'es^and""^'^^^'
the rules and regulations prescribed by law. and applied to the regulations,
payment of the expenses of the State Government, the appropria- Application of
tions to charitable and penal institutions, other specific appropria-
tions made by law, and the interest on the four per centum con-
solidated debt of this State.
Sec. 2. Poll tax.
On each taxable poll or male between the ages of twenty-one and Poll tax — persons
fifty years, except the poor and infirm whom the county commis- Exceptions,
sioners may declare and record fit subjects for exemption, there Rate,
shall be annually levied and collected a tax of one dollar and
twentj'-nine cents, the proceeds of such tax to be devoted to pur- Application of
Itoses of education and the support of the poor, as may be pre- P''^*^^^ ®-
scribed by law. not inconsistent with the apportionment established
by section two of article five of the Constitution of this State.
Sec. .3. Rate.
There shall be levied and collected annually an ad valorem tax Ad valorem tax.
of twenty-one cents for State purposes, four cents for pensions ^ ^'
and eighteen cents for public schools, making forty-three cents on
every one hundred dollars value of real and personal property in
this State required to be listed in "An act to provide for the assess-
ment of property and collection of taxes," subject to exemptions Exemptions.
made by law, and no city or other municipal corporation shall have Limit on taxing
power to impose, levy or collect any greater sum on real and per- |^u^„^cipalities
sonal proi)erty than one per centum of the value thereof, except by
special authority from the General Assembly.
Sec. 4. Corporation ta.rc.^ itai/able to Htute Treasurer.
Every corporation, joint-stock association, limited i)artnership Corporation taxes
or company whatsoever, except corporations specifically taxed by state treasurer,
a different method elsewhere in this chapter, from which a report
is required by law to be made to the State Auditor or State Treas- ^^^ ^^ actual
urer or Corporation Commission, shall lie subject to and pay to the value of stock.
656
1909— Chapter 438.
Payment within
thirty days.
Proviso: interests
classed as capital
stock.
Proviso: mort-
gages and securi-
ties covered by
tax on capital.
Securities held in
trust.
Stockholders not
taxed on indi-
vidual holdings.
Corporate stock-
holders not taxed.
Tax exemptions
repealed.
Exceptions.
Proviso: property
held for invest-
ment, speculation
or rent.
State Treasurer annually a tax as prescribed in section three upon
each one hundred dollars of the actual value of its whole capital
stock of all kinds, including common, special and preferred, as ascer-
tained in the manner prescribed by law ; and it shall be the duty
of the treasurer or other officer having charge of any such cor-
poration, joint-stock association or limited partnership upon which
a tax is imposed to transmit the amount of the tax to the State
Treasurer within thirty days from the date of the settlement of
the account by the Auditor and State Treasurer or Corporation
Commission: Provided, that for the purposes of this act, interests
in limited partnerships or joint-stock associations shall be deemed
to be capital stock and taxed accordingly: Provided, also, that
corporations, limited partnerships and joint-stock associations
liable to tax on capital stock under this section shall not be re-
quired to make any report or pay any further tax on mortgages,,
bonds, other securities and credits owned by them in their own
right; but corporations, limited partnerships and joint-stock as-
sociations holding such securities as trustees, executors, adminis-
trators, guardians or in any other manner shall return and pay
the tax imposed by this act upon the securities so held by them
as in case of individuals. Individual stockholders in any cor-
poration, joint-stock association, limited partnership or company
paying a tax on its capital stock shall not be required to pay any
tax on said stock or list the same, nor shall corporations legally
holding capital stock in other corporations upon which the tax has
been paid by the corporation issuing the same be required to pay
any tax on said stock or list the same.
Sec. 5. Tax exemptions repealed.
Whenever in any law or act of incorporation, granted either
under the general law or by special act, there 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 to municipal
corporations and property held for the benefit of churches, religious
societies, charitable, educational, literary or benevolent institutions
or orders, and also cemeteries : Provided, that no property what-
ever held or used for investment, speculation or rent shall be
exempt, unless said rent shall be used exclusively for charitable
or benevolent purposes or the interest upon the bonded indebted-
ness of said religious, charitable or benevolent institutions.
Inheritance tax.
INHERITANCE TAX.
Schedule AA.
Sec. 6. Rate of inheritance tax.
From and after the passage of this act, all real and personal
property of whatever kind and nature which shall pass by will or
by the intestate laws of this State from any person who may die
1909— Chapter 438. 657
seized or possessed of the same while a resideut of this State,
whether the person or persons dying seized thereof be domiciled
within or out of the State, or if the decedent was not a resideut
of this State at the time of his death, such property or any part
thereof within this State, or any interest therein or income there-
from which shall be transferred by deed, grant, sale or gift, made instruments made
in contemplation of the death of the grantor, bargainor, donor or Jfj deat n?t'i)^take
assignor, or intended to take effect, in possession or enjoyment effect after death,
after such death, to any person or persons or to bodies corporate
or politic, in trust or otherwise, or by reason whereof any person
or body corporate or politic shall become beneficially entitled in
possession or expectancy to any property or the income thereof,
shall be and hereby is made subject to a tax for the benefit of the
State, as follows, that is to say: Where the whole amount of said Amount taxable,
legacy or distributive share of personal property shall exceed in
value two thousand dollars and all in excess of two thousand dol-
lars the tax shall be :
First. Where the person or persons entitled to any beneficial Lineal descendant
, ,,,,,,.,. 1-1 or ancestor,
interest m such property shall be the hneal issue or lineal an-
cestor, brother or sister of the person who died possessed of such Brother or sister.
property aforesaid, or -where the person to whom such property child,
shall be devised or bequeathed stood in the relation of child to
the person who died possessed of such property aforesaid, at the Rate.
rate of seventy-five cents for each and every hundred dollars of
the clear value of such interest in such property; and this clause
shall apply to all cases where the taxes have not been paid by
the executor or administrator or other representative of the de-
ceased person. The clerk of the Superior Court shall determine clerk of court to
whether any person to whom property is so devised or bequeathed rellu'onship.
stands in the relation of child to the decedent.
Second. Where the person or persons entitled to any beneficial Descendant of
interest in such property shall be the descendant of a brother or ^°^ ^^ °'" ^'^ ^^"
sister of the person who died possessed as aforesaid, at the rate Rate.
of one dollar and fifty cents for each and every hundred dollars
of the clear value of such interest.
Third. Where the person or persons entitled to any beneficial Uncle or aunt or
interest in such property shall be the brother or sister of the game"
father or mother, or a descendant of the brother or sister of the
father or mother of the person who died possessed as aforesaid,
at the rate of three dollars for each and every hundred dollars Rate,
of the clear value of such interest.
Fourth. Where the person or persons entitled to any beneficial Brother or sister
, ,, ._ XI. V. ii ■ i. * ii of grandparents
Interest in such property shall be the brother or sister of the qj. descendant of
grandfather or grandmother, or a descendant of the brother or ^^me.
sister of the grandfather or grandmother of the person who died
possessed as aforesaid, at the rate of four dollars for each and Rate.
every hundred dollars of the clear value of such interest.
Pub.-^2
658
1909— Chapter 438.
Collateral rela-
tions or strangers
in blood.
Graduated rate.
Proviso: exemp-
tions.
Rate when value
more than $5,000
but not more than
$10,000.
Rate when value
exceeds $10,000
but not $25,000.
Rate when value
exceeds $25,000
but not $50,000.
Rate when value
exceeds $50,000.
Fifth. Where the person or persons entitled to any beneficial
interest in such property shall be in any other degree of collateral
consanguinity than is hereinbefore stated, or shall be a stranger
in blood to the person who died possessed as aforesaid, or shall
be a body politic or corporate, where the whole amount of said
legacy or distributive share of personal property shall exceed
two thousand dollars and shall not exceed live thousand dollars,
the tax shall be at the rate of five dollars for each and every
hundred dollars of the clear value of such interest: Provided,
that all legacies or property passing by will or by the laws of this
State to husband or wife of the person who died possessed as
aforesaid, or for religious, charitable or educational purposes, shall
be exempt from tax or duty. Where the amount or value of said
property shall exceed the sum of five thousand dollars, but shall
not exceed the sum or value of ten thousand dollars, the rates of
tax above set forth shall be multiplied by one and one-half; and
where the amount or value of said property shall exceed the sum
of ten thousand dollars, but shall not exceed the sum of twenty-
five thousand dollars, such rates of tax shall be multiplied by two ;
and where the amount or value of said property shall exceed
the sum of twenty-five thousand dollars, but shall not exceed the
sum of fifty thousand dollars, such rates of tax shall be multiplied
by two and one-half ; and where the amount of value of said
property shall exceed the sum of fifty thousand dollars, such
rates of tax shall be multiplied by three, but this graduated in-
crease of rate shall only apply to the provisions of subdivision five
of this section.
Liability dis-
charged only by
payment of tax.
Penalty for delay
in payment.
Executor to
deduct tax.
Demand for
payment.
Payment or
delivery of legacy
on payment of
tax.
Sec. 7. When all heirs, lef/atees, etc.. are discharr/ed from Jia-
hility.
All heirs, legatees, devisees, administrators, executors and trus-
tees shall only be discharged from liability for the amount of
such taxes, the settlement of which they may be charged with,
hy paying the same for the use aforesaid as hereinafter provided.
Sec. S. That if said tax is not paid at the end of two years
after the death of the decedent six per cent per annum shall be
charged thereon until same is paid.
Sec. 9. Executor, etc., shall deduct tax.
The executor or administrator or other trustee paying any
legacy or share in the distribution of any estate subject to said
tax shall deduct therefrom at the rate prescribed, or if the legacy
or share in the estate be not money he shall demand payment
of a sum to be computed at the same rates upon the appraised
value thereof for the use of the State; and no executor or ad-
ministrator shall be compelled to pay or deliver any specific legacy
or article to be distributed, subject to tax, except on the pay-
ment into his hands of a sum computed on its value as aforesaid ;
1909 — Chapter 438. 659
and in case of neglect or refusal on the part of said legatee to Sale of legacy for
pay the same such specific legacy or article or so much thereof ^'^^■
as shall be necessary shall be sold by such executor or adminis-
trator at public sale, after notice to such legatee, and the balance Distribution of
that may be left in the hands of the executor or administrator ^'^'^Pl^^-
shall be distributed as is or may be directed by law ; and every Executor to pay
sum of money retained by any executor or administrator or paid "^^'^ ^^^'
into his hands on account of any legacy or distributive share
for the use of the State shall be paid by him to the proper officer
without delay.
Sec. 10. Leijacij for life, etc., tax to be retained tipon the whole
amount.
If the legacy subject to said tax be given to any person for life Legacies for life.
or for a term of years or for any other limited period, upon a
condition or contingency, if the same be money, the tax thereon if of money, tax
shall be retained upon the whole amount; but if not money, tip- amoun't ^^ '^°^^
plication shall be made to the court having jurisdiction of the Court to appor-
, , . . tion tax on other
accounts of executors and admmistrators to make apportionment, legacies.
if the case requires it, of the sum to be paid by such legatee, and
for such further order relative thereto as equity shall require.
Sec. 11. Lec/acy charged upon real estate, heir or derisee to deduct
and pay to executor, etc.
Whenever such legacy shall be charged upon or payable out of Legacy charged
real estate the heir or devisee of such real estate, before paying devisee to'deduct
the same to such legatee, shall deduct therefrom at the rates afore- *.^^- . , ^ . ^
" ' Amount deducted
said, and pay the amount so deducted to the executor or adminis- to be paid to
executor
trator, and the same shall remain a charge upon sucii real estate Tax a charge on
until paid, and in default thereof the same shall be enforced by Enfol-ce^ent of
the decree of the court in the same manner as the payment of payment,
such legacy may be enforced : Provided, that all taxes imposed Proviso: lien for
by this act shall be a lien upon the personal property of the estate proplr'ty.^^'^^""^'
ou which the tax is imposed or upon the proceeds arising from
the sale of such property, from the time said tax is due and
payable, and shall continue a lien until said tax is paid and re-
ceipted for by the proper officer of the State.
Sec. 12. Executoi' or administrator to tale duplicate receipts from
the clerk of the coicrt.
It shall be the duty of any executor or administrator, on the Receipts in
payment of said tax, to take duplicate receipts from the clerk of "^i^Plicate.
the court, one of which shall be forwarded forthwith to the Auditor Receipt forwarded
of the State, whose duty it shall be to charge the clerk receiving ^° auditor.
the money with the amount, and seal with the seal of his office Receipt sealed and
and countersign the receipt and transmit it to the executor or aSd?t^or a^voucher
administrator, whereupon it shall be a proper voucher in the set-
tlement of the estate, but in no event shall an executor or adminis-
060
1909— Chapter 438.
Tax paid to clerk
of court on
transfer of stock.
Liability of
corporation.
Repayment of tax
to legatees
required to refund
legacy.
Appointment of
appraisers.
Appraisement.
Annuities and
life estates.
Proviso; appeals.
Security on
appeal.
Jurisdiction of
court.
Compensation of
appraisers.
Subject to
approval of
auditor.
trator be entitled to a credit iu his account by the clerii unless the
receipt is so sealed and countersigned by the Auditor of the
State.
Sec. 13. Foreiyn executor or administrator transferring stock shall
pay the tax on such transfer.
Whenever any foreign executor or administrator or trustee shall
assign or transfer any stocks or bonds in this State standing in
the name of the decedent or iu trust for a decedent, which shall
be liable for the said tax, such tax shall be paid on the transfer
thereof to the clerk of the court of the county where such transfer
is made; otherwise the corporation permitting such transfer shall
become liable to pay such tax.
Sec. 14. Proportion of tax to be repaid upon certain conditions.
Whenever debts shall be proven against the estate of a decedent,
after the distribution of legacies from which the inheritance tax
has been deducted in compliance with this act, and the legatee
is required to refund any portion of the legacy, a proportion of
the said tax shall be repaid to him by the executor or administrator
if the said tax has not been paid into the State Treasury, or shall
be refunded by the State Treasurer if it has been so paid in.
Sec 15. Appraiser to be appointed by the clerk, etc.
It shall be the duty of the clerk of the court of the county in
which letters testamentary or of administration are granted to
appoint an appraiser, as often as and whenever occasion may
require, to fix the valuation of estates which are or shall be
sul)ject to inheritance tax, and it shall be the duty of said ap-
praiser to make a fair and conscionable appraisement of such
estates; and it shall further be the duty of such appraiser to
assess and fix the cash value of all annuities and life estates
growing out of said estates, upon which annuities and life estates
the inheritance tax shall be immediately payable out of the
estate at the rate of such valuation: Provided, that any person
or persons not satisfied with said appraisement shall have the
right to appeal within sixty days to the court of the proper county
on paying or giving security to pay all costs, together with what-
ever tax shall be fixed by said court, and upon such appeal said
court shall have jurisdiction to determine all questions of valua-
tion and of the liability of the appraised estate for such tax,
subject to the right of appeal to the Supreme Court as in other
cases. The compensation of appraisers appointed under this act
shall be at the rate of three dollars per day for each day neces-
sarily employed in making the appraisement, together with such
necessary traveling expenses as may be incurred, a statement of
which shall be properly itemized and sworn to. subject to the
final approval of the Auditor of State before payment is made by
the clerk of the court.
1909— Chapter 438. 661
Sec. 16. Misdemeanor for airpraif^er to take fee or reicard from
executor or administrator.
It shall be a misdemeaDor for any appraiser appointed by the Misdemeanor for
clerk to make any appraisement in behalf of the State to take recdve fee or
any fee or reward from any executor or administrator, legatee, ^ewar .
next of kin or heir of any decedent, and for any such offense the Dismissal from
clerk of the court shall dismiss him from such service, and upon punishment.
conviction in the Superior Court he shall be fined not exceeding
five hundred dollars and imprisoned not exceeding one year, or
both, or either, at the discretion of the court.
Sec. 17. Clerk to enter returns made by appraisers, etc.
It shall be the duty of the clerk of the court to enter in a book Record ofj^eturas
to be provided at the expense of the State, to be kept for that
purpose, and which shall be a public record, the returns made
by all appraisers, under this act, opening an account in favor of the
State against the decedent's estate ; and the clerk may give certifi-
cates of pas^ment of such tax from such record; and it shall be statements to be
the duty of the clerk of the court to transmit to the Auditor of the ^^"^
State on the first Monday of each mouth a statement of all returns
made by appraisers during the preceding month, giving the name
of the estate and the clear valuation thereof, subject to the fore-
going tax, and the amount of the tax, which statement shall be
entered by the auditor in a book to be kept by him for that pur-
pose; and whenever any such tax shall have remained due and Entocement of
unpaid for one year it shall be lawful for the clerk of the court
to apply to the court by bill or petition to. enforce the payment
of the same; whereupon said court, having caused due notice Notice^t^o owners
to be given to the owner or owners of the estate charged with the
tax and to such other person or persons as may be interested,
shall proceed according to equity to make such decrees or orders Decrees and
for the payment of the said tax out of such estates as shall
be just and proper.
Sec. 18. Court may order executor, etc., to file account, etc.
If the clerk of the court shall discover that said tax has not g^^tion to^^^^
been paid according to law, the court shall be authorized to cite administrators.
the executors or administrators of the decedent whose estate is
subject to the tax to file an account or to issue a citation to the Ciution^to.^^^^
executors, administrators, legatees or heirs citing them to appear legatees or lieir's.
on a day certain and show cause why the said tax should not be
paid, and when personal service cannot be had, notice shall be Notice^by^
given for four weeks, once a week, in at least one newspaper pub-
lished in said county; and if the said tax shall be found to be
due and unpaid the said delinquent shall pay said tax. interest
and costs; and it shall be the duty of the solicitor of the district Solidt^ors to sue
in which the said delinquent resides to sue for the recovery and
amount of such tax, and for such services he shall be allowed a Fee of solicitor.
m2
1909— CiiAPTEK 438.
fee, to be fixed by the judge, not to exceed five per cent of the
amount recovered. The Auditor of the State is authorized and
empowered, in settlement of accounts of any derli, to allow him
costs of advertising and other reasonable fees and expenses in-
curred in the collection of said tax.
Sec. 19. Clerk to be agent of the State for collection of said tar.
The clerks of the courts of the several counties of this State
shall be the agents of the State for the collection of the said
tax. and for services rendered in collecting and paying over the
same the said agents shall be allowed to retain for their own use
such percentage as may be allowed by the auditor, not exceeding
three per centum on all taxes paid and accounted for.
Sec. 20. Clerk to &e liable on his official bond.
The said clerks of the courts shall be liable on their official
bonds to the State for the faithful performance of the duties hereby
imposed and for the regular accounting and paying over of the
amounts to be collected and received.
Sec 21. Clerk to make returns and paynienls to the Htate Treas-
urer.
Clerk to make It shall be the duty of the clerk of the court of each county
ments monthly, to make returns and payments to the State Treasurer of the taxes
under this act which he shall have received, stating for what
Penalij- for delay, estate paid, on the first Monday of each month ; and for all taxes
collected by him and not paid over to the State Treasurer within
ten days after said monthly return of the same he shall pay in-
terest at the rate of twelve per centum per annum until paid.
Allowances to
clerk.
Clerks agents for
State.
Commission on
collections.
Clerk liable on
bond.
Income in excess
of $1,000 to be
listed.
Question as to
income.
Excess to be
listed.
List taker for-
bidden to divulge
amount listed.
Misdemeanor.
Printing or
publishing income
tax forbidden.
INCOME TAX.
Sec. 22. Taxpayer to sliotv his income on list.
The taxpayer shall list his income for the year ending June
first from any and all sources in excess of one thousand dollars.
Sec. 23. What question blank sliall contain in regard to income.
The blanks for listing taxes shall contain the following ques-
tion : "Was your gross income from salaries, fees, trades, profes-
sions and property not taxed, any and all of them, for the year
ending June first in excess of one thousand dollars?" If the tax-
payer answers the question in the affirmative the list taker shall
see that the amount of such excess is placed upon the blank pro-
vided for that purpose, and the taxes assessed against the income
shall be paid, together with other taxes for that year ; and should
the list taker divulge the amount so listed other than to the
pi-oper ofiicials he shall be deemed guilty of a misdemeanor, and
it shall be unlawful for any person to print or publish in any
manner any income tax returned or any part thereof or the taxes
1909 — Chapter 438. *^63
due thereunder, aud any person offending against the provisions Misdemeanor.
of this section shall be guilty of a misdemeanor and shall be Punishment,
punished by a fine not exceeding fifty dollars or be imprisoned
not more than thirty days for each offense.
Sec. 24. Rate of income tax. .
On all gross incomes as provided in the preceding section hereof Rate of income
a tax shall be levied as follows : On the excess over the amount
legally exempted, one per cent. The above tax shall not be levied Incomes not
upon the income derived from property already taxed nor upon
income less than one thousand dollars. The incomes subject to Incomes subject
the above tax are those derived from property not taxed; from
salaries, fees and commissions, public or private ; from annuities :
from trades or professions, aud from any other sources the in-
comes from which are not specifically exempted from taxation by
law.
Sec. 25. No city, town, township or county shall levy any in- State u^x sole
heritance or income tax. inheritance and
mcomes.
Schedule B.
Sec. 2G. Deflning taxes under this schedule.
Taxes in this schedule shall be imposed as license tax for the License tax.
privilege of carrying on the business or doing the act named, and Taxes^i^n^P^^e-^j^
nothing in this act contained shall be construed to relieve any per- not released,
son or corporation from the payment of tax as required in the
preceding schedule. The license issued under this schedule shall Term of license.
be for twelve months and shall expire on the thirty-first day of
May of each year. Such license thus obtained shall be a personal L^cens^e^not^
privilege and shall not be transferable nor any abatement in the
tax allowed; and unless otherwise provided in the section levying Statue tax in each
the tax. the tax levied for the use aud benefit of the State shall
be collected in each county in which the business is conducted.
Sec. 27. Theaters.
On each room or hall used as a theater or opera house where Roo'^^^^o^^ halls
public exhibitions or performances are given for profit, in a city ^^ ^^^^.^ house.
or town having more than ten thousand inhabitants, one hundred Graduated tax.
and fifty dollars per annum; less than ten thousand and over
five thousand inhabitants, one hundred dollars i)er annum; less
than five thousand and over two thousand five hundred inhabitants,
fifty dollars per annum ; less than two thousand five hundred and
over one thousand inhabitants, twenty-five dollars per annum;
less than one thousand inhabitants, fifteen dollars per annum.
The license under this section shall be issued by the sheriff and License to be
shall be conspicuously posted in the entrance or vestibule of the P°^ ^ '
room or hall, and said room or hall shall not be liable to any other
license tax by the county, but the said tax shall be divided and One-^haU ux to
one-half paid to the State and one-half to the county. Companies
664
1909— Chapter 438.
No tax on per- or individuals, when performing or extiibiting in rooms or halls
licensed haUs. licensed under this section, shall not be required to pay any other
county or State license tax.
Traveling theatri-
cal company in
unlicensed hall.
Owner of hall
responsible for
tax.
Paintings,
statuary, magic
lanterns and
moving pictures.
Proviso: tax for
week.
Proviso: tax on
each place of
exhibit.
Moving pictures
and vaudeville
shows.
Graduated rate.
Circuses and
menageries.
Graduated tax.
Sec. 28. Traveling theatrical companies.
On every traveling theatrical company giving exhibitions or per-
formances in any hall, tent or other place not licensed as provided
in the preceding section, vt'hether on account of municipal owner-
ship or for any other reason, ten dollars on each exhibition or per-
formance, and the owner of the hall, tent or other place shall be
responsible for the tax ; but artists exhibiting paintings or statuary,
work of their own hands, and any person giving exhibitions with
magic lanterns shall only pay two dollax's : I'rovided, all such
places of amusement which do not charge more than ten cents
admission and shall perform in any given place as much as one
week at a time shall only be required to pay the aforesaid tax
for the week : Provided further, that this shall not be so construed
as to allow any of the aforesaid places of amusement to exhibit
under more than one tent, hall or other place, under this tax,
but shall pay said tax on every such place. On each room, hall
or tent used as a moving picture or vaudeville show, when not
licensed as provided in section twenty-seven of this act, shall pay
a tax* as follows : In towns of less than two thousand five hundred
inhabitants, five dollars per annum ; less than five thousand in-
habitants and more than two thousand five hundred, ten dollars per
annum ; less than ten thousand inhabitants and more than five
thousand, twenty dollars per annum ; in towns or cities with more
than ten thousand inhabitants, twenty-five dollars per annum.
Sec. 29. Circuses, menageries, dog and pony shows, etc.
On every exhibition of a circus or show, with or without men-
agerie, to which the price of admission, including a reserved seat,
exceeds seventy-five cents, for each day or part of a day, three
hundred dollars ; on every exhibition of a circus or show, with or
without menagerie, to which the price of admission, including a
reserved seat, does not exceed seventy- five cents, but requiring for
transportation a train of cars aggregating more than six hundred
feet in length, two hundred dollars; on every exhibition of a
circus or show, with or without menagerie, to which the price of
admission, including a reserved seat, does not exceed seventy-five
cents, but requiring for transportation a train of cars aggregating
not more than six hundred feet and not less than four hundred
feet in length, for each day or part of a day, one hundred and fifty
dollars; on every exhibition of a circus or show, with or without
menagerie, to which the price of admission, including a reserved
seat, does not exceed seventy-five cents, but requiring for trans-
portation a train of cars aggregating not more than four hundred
feet and not less than two hundred feet in length, for each day
1909— Chapter 438. 665
or part of a day, one hundred dollars ; on each show or circus,
with or without menagerie, to which the price of admission, in-
cluding a reserved seat, does not exceed seventy-five cents, but
requiring for transportation a train of cars aggregating not more
than tAvo hundred feet in length, for each day or part of a day.
fifty dollars. On every exhibition of a circus or show transported
otherwise than by rail the same tax shall be collected as from
other shows of like class. On all exhibitions of circuses and shows
of every class, including dog and pony shows, to which the price
of admission, including a reserved seat, does not exceed fifty cents,
twenty-five dollars for each day or part of a day ; and on each Side shows,
side show, whether unattached or part of any show herein enumer-
ated, for which a separate admission is charged, twenty-five dol-
lars. On any other show, given under canvass or otherwise, in other shows.
which animals are exhibited, trapeze or juggling performances are
given, for each day or part of a day, fifty dollars, whether free
or otherwise. Every county shall have the power to fix the county County tax.
tax on all circuses, shows, menageries or entertainments mentioned
in this section at such amount as the county commissioners may
deem proper, not to exceed the amount levied by the State : Pro- Proviso: not less
vided, the same shall not be less than one-half the State tax pro- tax!^ ^^" °^ ^'^*®
vided in this section. The county commissioners of any county Counties may
may refuse to allow any circuses, shows, menageries or entertain- ''®*"^® license,
meuts mentioned in this section to exhibit in their county, pro-
vided notice is given the sheriff of the county not to issue such
license. The person, firm or corporation by whom any such circus statements to be
or show is owned or controlled shall file with the State Treasurer, ut-er.^"'^ ^^^^^'
not less than five days before the same shall enter the State for
the purpose of exhibiting therein, a statement, duly subscribed,
setting out in detail the name of such circus or show and by
whom owned or controlled ; the character of the exhibition to be
given, with the prices charged for general admission and for
reserved seats ; the places within the State where exhibitions are
to be given, specifying the counties, cities and towns ; the number
of side shows exhibited in connection therewith ; the number,
character and length of the cars required for the transportation of
such circus or show, and such other information as may be called
for by any rule or regulation adopted and promulgated by the
State Treasurer. Upon the receipt of such statement the State state treasurer to
Treasurer shall fix and determine the amount of the license tax oriicSse^tax.°"°*
with which such circus or .show is chargeable, and shall endor.se his
finding upon such report, and transmit a copy thereof to the sheriff Copies of .state-
of each and every county in which such circus or show is to ex- sheriff s^vi,"ith°
hibit, with full and particular instructions as to the Iicen.se tax instructions.
to be collected therefrom, which instructions may be modified
from time to time, when deemed necessary for the proper enforce-
ment of the provisions of this section ; that it shall be the duty Reports from
of the sheriff of each and every county in which any such circus ^^^''''^s.
666
1909— Chapter 438.
Representative of
treasurer for
fixing license tax.
Instructions to
sheriffs.
Penalty for failure
to make state-
ment or false
statement.
Sheriff to collect
excess.
Proviso: State
treasurer may
remit excess.
Entertainments
not taxed.
Proviso: star
courses and
theatrical troupes.
Proviso: operas,
other exhibitions
and entertain-
ments not taxed.
or show is advertised or expected to exliibit to promptly com-
municate such information to the State Treasurer ; and in case
that tlie statement respecting any such circus or show hereinbe-
fore provided for shall not be filed in time for certified copies
thereof, with proper instructions, to be transmitted to the sheriffs
of the several counties in which the same is advertised or ex-
pected to exhibit, it shall be the duty of the State Treasurer to
cause his duly authorized representative to attend at one or
more points in the State where such circus or show is advertised
or expected to exhibit for the purpose of securing such statement,
of fixing and determining the amount of the license tax with
wliich such circus or sliow is chargeable, and of giving proper in-
structions for the collection of such tax ; and thereafter the State
Treasurer shall transmit to the sheriffs of the several other coun-
ties in which such circus or show is advertised or expected to
exhibit the copies of such statement, with the instructions herein-
before provided for, or in lieu thereof such instructions as shall
be deemed necessary for their guidance in the collection of all
taxes properly chargeable against such circus or show. Any circus
or show which shall exhibit in the State before such statement
shall have been filed, or which shall after the filing of such state-
ment give any exhibition taxable at a higher rate than the ex-
hibition authorized by the State Treasurer upon the basis of the
statement filed, shall be chargeable with a license tax of fifty per
cent greater than that hereinbefore prescribed for circuses or
shows of like class ; and the sherift' of any county in which such
circus or show sliall exhibit shall in all cases collect such excess
tax and shall be charged with and malie settlement therefor as
for other taxes: Provided, that the State Treasurer may in his
discretion I'emit such excess tax, wholly or in part.
Sec. 30. Certain, entertainments exempt from license tax.
All exhibitions or entertainments given for the sole benefit of
religious, charitable or educational objects shall be exempt from
taxation: Provided, that when operas, star courses or theatrical
troupes are employed, such as usually appear in licensed halls
or theaters, then the tax shall be the same as that imposed on
traveling theatrical companies performing in unlicensed halls :
Provided further, that no tax shall be charged for any exhibitions
or entertainments for the sole benefit of religious, charitable or
educational objects and given in halls used exclusively for such
objects, nor to exhibitions given at city parks and other resorts,
when no charges for admission are made.
Sec. 31. Attorneys, physicians and dentists.
^cians^dentist^" ^" ^^^^ ^"'^ every practicing lawyer, practicing physician, den-
etc. ' ' tist, oculist, photographer, optician, osteopath or any person prac-
1909— Chapter 438. ()67
ticiug auy professed art of healiug, for fee or reward, the sum
of five dollars: Provided, that uo city, town or county shall levy Proviso: muuici-
any additional license tax under this section. t*ax.^"*^ *^°"" ^
Sec. 32. Real estate and rent-collect in y agents.
Every individual or firm or his or their agents who make a Real estate and
collect in £ tidpnts
business of collecting rents or in acting as agent in buying and
selling real estate of any and every description, for compensation,
shall pay an annual license tax of ten dollars : Provided, uo city. Proviso: munici-
town or county shall levy any additional tax on persons who draw tax. " ^°"" ^
deeds and contracts for compensation.
Sec. 33. Coal dealers.
On every individual, firm or association of persons engaged in Coal dealers.
and conducting the business of selling coal, at wholesale or retail,
an annual license tax of ten dollars.
Sec. 34. Undertakers, collecting agents, etc.
An annual license tax of twenty-five dollars shall be collected Collection
from the following : For collecting accounts, bills, notes or money
from one person in favor of another as a regular organized col-
lecting agency, and every dealer in secondhand clothing, and un- Dealers in second-
dertakers and embalmers and retail dealers in cofiins shall pay a undertakers^"
tax of twenty-five dollars in cities and towns of over fifteen thou- embalmers and
^ dealers m coffins.
sand inhabitants ; in cities and towns of more than ten thousand Graduated tax.
and less than fifteen thousand, fifteen dollars ; in cities and towns
of more than five thousand and less than ten thousand, ten dol-
lars ; In cities, towns or villages less than five thousand, five dol-
lars: Provided, that this act shall not apply to the cabinetmaker proviso: cablnet-
(and who is iiot an undertaker) who makes coffins to order. makers.
Shx. ;J5. Horse dealers.
On all persons, firms or corporations who buy and sell horses or Horse dealers.
mules as a business or for profit, an annual license tax of twenty-
five dollars. The license for conducting the said business shall be License to be
issued by the sheriff of any county in which he sells horses or *^®"^^ ^^ 'i\-^crm.
mules, and shall be good for twelve months from their issuance ;
and the sheriffs shall furnish the treasurer a complete list of all Lists sent to
such persons, firms or corpoi-ations doing business in their county. ''^^®'^''^'■•
No county, city or town shall levy or collect any tax under this No county or
section. Any person required to take out license under this sec- Dealin'K without
tion who shall sell or attempt to sell auv horses or mules without l'cen.se a misde-
meanor,
having obtained license shall be deemed guilty of a misdemeanoi*.
and upon conviction shall be fined fifty dollars or imprisoned not Punishment.
exceeding thirty days, the fine to be paid into the State Treasury
as other taxes. All persons, firms or corporations operating under Livery-stable
a livery-stable license who buy hor.ses or mules to sell sliall be delfeYs^. ^^^^^^^ ^^
cla.ssed as horse dealers, and in addition tf) their liverv-stablo tax
668
1909— Chapter 438.
shall be required to pay the tax under this section : Provided,
this section shall not apply to persons dealing solely in horses or
mules of their own raising.
Sec. 30. Peddlers of clocks, stoves and ranges.
On every itinerant person or company peddling clocks, stoves
or ranges, twenty-five dollars per annum for each county in which
he or they may peddle the same, the license to be issued by the
sheriff of the county, who shall collect said tax and pay the same
to the State Treasurer.
Sec. 37. Bicycle dealers.
On e\-ery individual or firm or his or their agents engaged in
the business of buying and selling bicycles or bicycle and motor-
cycle supplies and fixtures, unless such business is conducted in
connection with some other business paying a license tax, an
annual license tax as follows : In cities or towns of twelve thou-
sand inhabitants or over, ten dollars ; in cities and towns of less
than twelve thousand inhabitants, five dollars: Provided, that
nothing in this section shall apply to any individual or firm con-
ducting the exclusive business of repairing bicycles. Every in-
dividual or firm or his or their agents engaged in the business of
buying and selling automobiles or locomobiles shall pay an annual
license tax of twenty-five dollars.
Sec. 38. Merchandise brokers.
Brokers and com- On every commission merchant, broker or dealer buying or
chants" ™^^" selling goods or merchandise on commission, ten dollars per an-
num.
Proviso: exemp-
tion.
Peddlers of
clocks, stoves and
ranges.
License to be
issued by treas-
urer.
Bicycle dealers.
Graduated tax.
Proviso: bicycle
repairers.
Dealers in
automobiles.
Sliip brokers.
Marine railways.
Graduated tax.
Pawnbrokers.
Definition.
Sec. 39. Shit) brokers.
Ou every person engaged in the business of managing the af-
fairs occurring between the owners of vessels and the shippers or
consignees of the freight which they carry, usually known as
"ship brokers," an annual license tax of twenty dollars ; ou every
person owning or operating marine railways with a hauling
capacity of less than eighty tons, five dollars; on every marine
railway with a hauling capacity of more than eighty tons and less
than one hundred and fifty tons, ten dollars; on every marine rail-
way with a hauling capacity of more than one hundred and fifty
tons, fifteen dollars.
Sec. 40. Pawnbrokers.
No person shall without a license authorized by law engage
in the business of lending money or other things for profit for
or on account of specific articles of personal property other than
farm products deposited with the lender in pledge. Any person
who shall in any manner lend or advance money as aforesaid
on the pledge and possession of such personal property shall be
1909— Chaptee 438. 069
held to be a pawnbroker. After such person shall have forfeited Sale of unre-
his right to redeem the property the pawnbroker may cause said
property to be sold at public auction. The expenses attending
the sale shall be paid out of the proceeds of sale, and if any Payment of
surplus arise from the sale, after satisfying the money advanced, "^'
with the interest and costs which have accrued, such surplus shall
be paid over to the person depositing the property as aforesaid. Penalty for doing
. ,. 1 , -n i 1- 1 11 « business without
Any person acting as pawnbroker without a license shall pay a tme license.
of not less than fifty uor more than five hundred dollars. A License tax.
pawnbroker shall pay for the privilege of transacting business
an annual license tax of one hundred dollars. This section shall Application of
section.
apply to all persons, firms or corporations conductnig a business of
lending money and holding the same by chattel mortgage, pledge
or otherwise, and who charge more than the legal rate of interest :
Provided, this section shall not be so construed as to relieve any Proviso: penalty
person from the penalties incurred under the laws against usury in }{^u'r"1aws? ^^
this State.
Sec. 41. Livery stahles.
On every person, firm or corporation who keeps horses or mules Livery stables,
to hire or let, with or without vehicle, fifty cents for each six
months for every horse or mule kept for that purpose. Such Sworn statements
person shall on the first day of January and July of each year
furnish to the register of deeds a sworn statement of the number
of horses or mules sold or so kept at any time during the preceding
six months, the taxes to be collected by the sheriff or tax collectoi'.
Every person, firm or corporation operating under a livery-stable Classed as horse
license who sells more than five horses or mules within six months
shall be classed as a horse dealer and shall pay an additional Additional tax.
tax of twenty-five dollars, and shall exhibit license from a sheriff
on all occasions whenever required.
Sec. 42. Scicintj machines.
Every manufacturer of sewing machines and every person or Manufacturers
,. J . ii t, . i! 11- ii and dealers in
persons or corporation engaged in the business of selling the same sewing machines.
in this State shall, before selling or offering for sale any such License tax.
machine, pay to the State Trensurer a tax of four hundred and
fifty dollars and obtain a license, which shall operate for one
year from the date of issue. Any ai)plicant for a license shall Lists of machines
furnish the State Treasurer with the names of every class or
style of machine offered for sale, with written application for a
license. The State Treasurer shall, ujmn the written application Duplicates of
of anyone who has obtained license as provided in this section and "^®'^^*^-
the payment of a fee of two dollars, issue a certified duplicate
copy of said license to any agent designated by the license. Every Agents unlimited.
one to whom license shall be issued as provided in this section
shall have' power to employ an unlimited number of agents to sell ,,;
' ^ " "No county or
the machines named in his license. The parties obtaining license municipal tax.
670
1909— Chapter 438.
Doing business
without license a
misdemeanor.
Punishment.
Penalty.
Division of
penalty.
Officers to prose-
cute for penalties,
Merchants
excepted.
Proviso: receipt
for taxes.
Section printed
on license.
Proviso; second-
hand machines.
Feather
renovators.
Definition of
peddlers.
Peddlers on foot.
Peddlers with
horse, ox, mule
or vehicle.
Peddlers of
medicines and
drugs.
Itinerant sales-
men.
issued under this section shall not be taxed for license fee 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
machine without having obtained license shall be deemed guilty
of a misdemeanor, and upon conviction shall be fined one hundred
dollars or imprisoned not exceeding thirty days, the fine to be paid
into the State Treasury as other taxes. In addition to the said
fine or imprisonment, any person violating the provisions of this
section shall pay a penalty to the officer making the arrest of
two hundred dollars, one hundred thereof to be paid into the
State 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 section. This section shall not apply to merchants who bu.v
and sell sewing machines on which a license tax has been paid,
as liereinbefore provided, and who Iveep the said machines in their
general stock of merchandise and sell and deliver them at their
place of business : Provided, they have a duplicate receipt showing
that the taxes have been paid. It shall be the duty of the State
Treasurer 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 secondhand
sewing machine traded for or taken in exchange as part payment
for a new sewing machine may be sold free of tax by any party
to whom licenses have been issued to sell sewing machines.
Sec. 43. Feather renovators.
On every individual or firm or association of persons or his or
their agents engaged in the business of renovating feathers, a
license tax as follows : Ten dollars for each county in which such
business may be solicited or conducted.
Sec. 44. Peddlers.
Any person who shall carry from place to place any goods,
wares or merchandise and offers to sell or barter the same or
actually sells or barters the same shall be deemed to be a peddler
and shall pay a license tax as follows : Each peddler on foot,
twenty-five dollars for each county ; each peddler with horse, ox
or mule, with or without vehicle, or with a vehicle propelled by
any other power, fifty dollars for every county; each and every
peddler of medicines or drugs, whether on foot or with horse,
mule or ox. with or without a vehicle, or with a vehicle propelled
by any other power, or having any free or paid exhibitions or
attractions upon the streets or in a tent or any other place for
the purpose of receiving trade, one hundred dollars for each county.
Every itinerant salesman who shall expose for sale, either on
the street or in a house rented temporarily for that purpose, goods,
wares or merchandise shall pay a tax of one hundred dollars in
each county in which he shall carry on such business, whether
1909— Chapter 438. 671
as principal or as agent for any other person. Every person Application for
mentioned in this section shall apply in advance to the board of ficencfe."^'^'^^
county commissioners of the county in which he proposes to peddle
or sell for a license, and the board of county commissioners may
in their discretion issue the license upon the payment of the tax
to the sheriff, which shall expire at the end of twelve months from
its date. This section shall not apply to those who sell or offer for Peddlers not
sale books, periodicals, printed music, ice, fuel, fish, vegetables. ^" ^^'^ ° ^^'
fruits or any articles of the farm or dairy or articles of their
own individual manufacture, except medicines or drugs. The Exemptions.
board of county commissioners shall have power at their dis-
cretion to exempt from tax under this section any poor and in-
firm person, aud shall exempt Confederate soldiers, where -the
tax does not exceed fifty dollars for each county, and such license
shall be good in any county in the State. Any person carrying a
wagon, cart or buggy, or traveling on foot for the purpose of ex-
hibiting or delivering any wares or merchandise shall be consid-
ered a peddler: Provided, that this section shall not apply to per- Proviso: persons
sons or their agents engaged in exchanging woolen goods for woolen goods for
wool : Provided further, that this section shall not apply to drum- ^°°l-.
mers selling by wholesale and hona fldc residents who are blind, drummers and
blind persons.
Sec. 45. Mercantile agencies.
On every mercantile agency or association having an office in Mercantile
this State which has for its object the rating of the commercial ^^encies.
status of persons, firms or corporations, the sum of two hundred
aud fifty dollars, to be paid by the principal oflJce in the State
to the State Treasurer; and no city, town or county shall levy No county or
any additional license tax. Any person representing any mercan- Representing''
tile agency which has failed to pay a license tax as above provided unlicensed com-
shall be guilty ot a misdemeanor. meanor.
Skc. 40. Gypsies or fortune tellers.
Every company of gypsies or strolling bands of persons living Gypsies and
ill wagons or tents or otherwise who trade horses and receive fortune tellers,
reward for pretending to tell fortunes, one hundred and fifty
dollars in each couuty in which they offer to trade horses or prac-
tice any of their crafts, recoverable out of any property belonging
to any of the company; but nothing heroin contained shall be so Not exempt from
• •onstrued as to exempt them from indictment or penalties imposed '"'^'^^'"^"''"
by law.
Si;c. 47. Lif/htirin(/-rod Of/ents.
On every person or company who puts up lightning rods, twenty- Lightning-rod
five dollars annually for each county in which he curries on busi- ^^^"^^•
ness or sells lightning rods.
Sec. 48. Hotels.
On each hotel charging for transient custom more than one Hotels,
dollar and less than two dollars per day, an annual tax of twenty-
672
1909— Chapter 438.
Tax proportioned five cents for each aud every room : hotels charsins two dolhirs
to capacity. -, ^,., .
Rooms not or more per day, fitty cents per room. The otBce, dining room,
counted. ^^g parlor, the kitchen aud two other rooms shall not be counted
"when calculating the number of rooms in the hotel.
Sec. 49. Cotton compresses.
Every individual, firm, corporation or association of persons
engaged in the business of compressing cotton shall pay an annual
license tax of one hundred dollars on each and every compress.
Sec. 50. Billiard and pool tables and howling alleys.
On each billiard or pool table, bowling alley or alley of like
kind kept for public use, if in connection with any place where
drinks of any kind are sold or allowed to be drunk, an annual
license tax of fifty dollars, whether kept under the same roof
or otherwise; and on all other billiard or pool tables, bowling al-
leys or alleys of like kind kept for public use, an annual license
tax of twenty-five dollars.
Sec. 51. Gift enterprises ; prize pliotograplis.
On any gift enterprise or any person or establishment offering
any article for sale and proposing to present purchasers with any
Prize photographs gift or prize as an inducement to purchase, twenty dollars; on
or other prizes. .^. -, , s- j j ,
every itinerant dealer in prize photographs or prizes of any kind,
one hundred dollars in each county in which the business is con-
ducted. The taxes in this section shall be paid to the sheriff or
tax collector of the county, but shall not be construed as giving
license or relieving such person or establishment from any penal-
ties incurred by violation of the law : Provided, that this section
shall not apply to a merchant or manufacturer who offers to
present to purchasers or customers a gift of a certain value or
who makes or allows a rebate on a sale as an inducement to pur-
chase.
Sec. 52. Slot machines.
Upon every slot machine operated in this State wherein is kept
any article to be purchased by depositing therein any coin or
thing of value, and for which may be had any article of mer-
chandise whatsoever, the sum of one dollar and fifty cents for
every machine for each county where set up or operated. Upon
every such machine' wherein may be seen any picture or any
music may be heard by depositing in the machine any coin or thing
of value, and each weighing machine and every machine for making
stencils by the use of contrivances operated by slot, wherein money
or other thing of value is to be deposited, the sum of one dollar
• and fifty cents for each machine in each county where set up or
to be fixed or operated : Provided, that this section shall apply only to such
Pro'viso- auto- ^^^^ machines where the return is in all cases fixed or certain :
matic clerks. Provided further, that no specific license tax shall be levied or
Cotton com-
presses.
Billiard and pool
tables and bowl-
ing alleys in con-
nection with
drinking shops.
Other tables and
alleys.
Gift enterprises.
Taxes paid to
sheriff.
Penalties not
relieved.
Proviso: excep-
tions.
Slot machines
delivering mer-
chandise.
Picture and
musical slot
machines.
Weighing and
stencil machines.
1909— Chapter 438. 073
collected on merchandise machines delivering merchandise of the
market value of the coin deposited and used as an automatic
clerk and kept by dealers in their storehouses and paying taxes
as a merchant, or slot machines where drinking water is delivered
at one cent a glass: Provided further, that any person using, proviso: using
running or operating a slot machine of any description for other otiie™i<inds^a
purposes than above set forth, or machines exhibiting nude or misdemeanor.
obscene pictures, shall be guilty of a misdemeanor, and upon Punishment.
conviction shall be fined not less than two hundred nor more
than five hundred dollars or imprisoned not less than tliree months
nor more than one year, or both, at the discretion of the court.
Sec. 53. Bagatelle tables, etc.
On each bagatelle table, merry-go-round, hobbyhorse, switch- Bagatelle tables,
back railway, shooting gallery or place for any other game or ™v1tchback'rail-^'
play, with or without a name (unless used for private amuse- wa.ys, siiootmg
' •' ' "• '- galleries, etc.
ment or exercise alone), the following graduated tax shall be
paid, to-wit : In cities or towns of less than five thousand in- Graduated tax.
habitants, five dollars ; from five thousand to ten thousand in-
habitants, ten dollars ; and all cities or towns of more than ten
thousand inhabitants, twenty dollars. If kept in connection with if kept in con-
any place where drinks of any kind are sold, fifty dollars. On drfnking^shops.
skating rinks (unless used for private amusement or exercise Skating nnks.
alone) the following graduated tax, to-wit: In cities or towns Graduated tax.
of less than five thousand inhabitants, five dollars ; from five
thousand to ten thousand inhabitants, ten dollars ; a*.d all cities
or towns of more than ten thousand inhabitants, ten dollars : Pro- Proviso: if
vided, that on each bagatelle table, merrj'-go-round, hobbyhorse, oFa^to\vn°" ^'
switchback railway or shooting gallery carried on outside of any
incorporated city or town, the sum of five dollars.
Sec. 54. Stockhi-okers.
Every dealer in stocks, bonds or other securities shall pay for Stockbrokers.
the privilege of transacting business an annual license tax of fifty
dollars. No county, city or town shall levy or collect any tax County and
under this section exceeding twenty-five dollars for the county ifmPt'.^'^^
and ten dollars for the city or town.
Sec. 55. Bottling works.
Each person, firm or corporation manufacturing or bottling soda Bottling works.
water, Coca-Cola, Beerine, Cel-i-ko. ginger ale and like preparations
shall pay ait annual tax, in towns of two thousand five hundred Graduated tax.
inhabitants or less, ten dollars; in towns of over two thousand
five hundred and not exceeding five thousand inhabitants, twenty
dollars ; in towns of over five thousand inhabitants, thirty dollars.
Sec. 5G. Packing housen.
Upon every meat-packing house doing business in this State and Packing houses.
upon every wholesale dealer in meat-packing-house products who
Pub. — 43
nT4
1009— Chapter 438.
Proviso: packers
exempted.
Breweries and
brewers' agents.
Dealers in oils,
benzine, naphtha
and gasoline.
Tax on receipts.
Retnrns of sales.
Form.s prepared
by treasurer.
Penalty for doing
business without
license.
Treasurer to
bring suit.
Limit of
municipal tax.
Ad valorem tax.
Dealers in
futures.
Graduated tax.
owns and operates in this State a colcl-storage plant or cold-storafjjo
warehouse in connection with said wholesale business, one hundred
dollars for each county in which said business is carried on : Pro-
vided, that nothing in this act shall apply to packers packing less
than twenty-five thousand pounds of meat in any one year.
Sec. 57. Breiccries and ayencies of bretceries.
On all breweries, a tax of two hundred dollars; on all agencies
of breweries for bottling, selling or distributing beer, ale or
porter or other malt liquors, in bottles, kegs, casks or in other
measure, a tax of fifty dollars for each place of business in each
county where tliey carry on business.
Sec. 5S. Persons, firms or corporations sciliiif/ vcriain oils.
Each person, firm or corporation selling illuminating oil, lubricat-
ing oil, benzine, naphtha or gasoline in this State shall pay an
annual license tax to the State Treasurer, on or before the first
da J' of July in each year, for the twelve months preceding the
first day of June, where the gross sales exceed twenty-five thou-
sand dollars, one per centum upon such gross sales. The said
amount of sales shall be returned to the State Treasurer by the
general manager of said oil company, if a corporation, and if a
natural person, by him, and duly sworn, upon forms to be pre-
pared by the State Treasurer for that purpose. Any person, firm
or corporation subject to this license tax and doing business in this
State without having paid such license tax shall be liable to a
penalty of one thovisand dollars and in addition thereto to double
the tax imposed by this section; and the State Treasurer is au-
thorized to bring any suit for the collection of the same in the
Superior Court of Wake County. No county shall impose any
tax under this section upon the business of oil dealers. No city
or town shall levy a license or privilege tax exceeding ten dollars,
and only when there is located in such city or town an agency,
station or warehouse for the distribution and sale of such oils;
and the person, firm or corporation paying the tax upon the gross
sales as aforesaid shall not be liable for any other tax except the
ad valorem tax upon the property situate and being in this State.
Sec. 59. Dealers in futures.
Upon every individual or firm or his or their agents engaged
in the business of selling or buying any one or more of the fol-
lowing articles or commodities, to-wit, farm products, sugar, coffee
and salt and meat, railroad stocks and bonds, and stocks and
bonds of other kinds for future purchase, sale or delivery, com-
monly called "futures.'" whether said business is done through
regularly organized stock and cotton exchanges or boards of trade,
an annual license tax as follows : In villages or towns of less than
five thousand inhabitants, two hundred dollars; in towns of more
than five and less than ten thousand inhabitants, three hundred
1909 — Chapter 438. 675
dollars ; iu towns of more thau teu and less than tifteeu thousand
inhabitants, five hundred dollars ; in towns in excess of fifteen
thousand inhabitants, seven hundred dollars: Provided, that this Proviso: excep-
tax shall not be demanded of any cotton warehouseman, dealer in *'°^^-
cotton or any provision broker who takes orders in the regular
course of trade only for the actual and I)ona fide delivery of cotton
and other products so ordered, and wliere by the terms of the
contract it is not left to the option of the party so ordering or
party taking such order to avoid the delivery of the produce or
products by paying the difference in the market price of such
produce or products at the time of delivery : Provided further. Proviso: excepted
that such cotton warehouseman, dealer in actual cotton or any ^laHn'^futures
pi'ovision broker does not carry on the business of buying and
selling "futures" iu connection with his or their business: Provided Proviso: business
further, that nothing in this section shall be construed into making °°* legalized,
such business lawful or to exempt such person, corporation or other Nor dealers
association of persons as principal or agent from the penalties penalt'ies^ *™"^
prescribed in chapter two hundred and twenty-one of the Public
Laws of North Carolina, one thousand eight hundred and eighty-
nine, and any other act amendatory thereto, nor to validate any Nor contracts
contract entered into iu violation of the provisions thereof.
Sec. 60. Liquor dealers.
Xo license shall be issued for the sale of any spirituous, vinous No license to be
or malt liquors or medicated bitters, the sale of which is prohibited jfquors^"'' ^'^^^ °^
by chapter seventy-one of the Public Laws, special session one
thousand nine hundred and eight.
Six. 01. Dealers in rice heer, medieated bitters, etc.
Any person who s.hall sell any beverage which i)artakes of the Dealers in rice
. ^ . , . , ,■ • •■ . ,j. ,. , . 1 ■ , beer, bitters and
uitoxicating nature of spirituous, vinous or malt liquors, but which ciders.
shall be designated under such names as rice beer, medicated bit-
ters, champagne cider, cherry cider, orange cider, Schiedam
schnapps, and who shall fail to comply with the laws regulating Failure to comply
the granting of license to liquor dealers, shall be guilty of a mis- dgniea'iior^ '"'^'
demeanor, and upon conviction shall be fined not less than two Punishment.
hundred nor more than five hundred dollars (one-half of which One-half fine to
shall go to the informant) or imprisoned not less than three montlis '^ ormam.
nor more than three years, at the discretion of the court.
Skc. ('>'2. J)rU!/(/ist.s sclliufi li<iiior.'<.
I)ruggists dealing in spirituous, vinous or malt liquors or medi- Druggists dealing
cated bitters shall on or before the first day of June of each year'
obtain a license upon the payment of twent.v-five dollars to the
sheriff or tax collector ; but any druggist who allows liquor to Druggists classed
be drunk within his place of business or sells liquors except upon ^^ ''^"'"' '^«'^'^''^-
the prescription of a practising physician, as allowed by law, shall
be subject to all the taxes levied uptni dealers in li(iuors and shall Misdemeanor.
I -14. c -J r. - 7 7 i-t .. ^t • • .L> • Proviso: laws not
be guilty of a misdemeanor : Provided, that nothing m this sec- repealed.
676
1909— Chapter 438.
tion shall have the effect of modifyiug or repealing, in whole or
in part, chapter two hundred and fifteen. Public Laws of one thou-
sand eight hundred and eighty-seven, or chapter three hundred
and seventy-five. Public Laws of one thousand eight hundred and
eighty-nine, or chapter seventy-one, Public Laws special session
one thousand nine hundred and eight.
Sec. 63. Grain distiUeries.
No license shall be issued to any grain or brandy distillery or
to any person, fii-m or corporation desiring to engage in the manu-
facture of any spirituous, vinous or malt liquors, the sale of which
is prohibited by chapter seventy-one. Public Laws sptk-ial session
Dealers in beerine one thousand nine hundred and eight. Every individual, firm or
and kindred i- ^ t • ,^ , . , -, . ,
articles. Corporation dealing m malt or beerme, near beer or any drink.
under any name or description whatsoever, containing one-half
of one per cent alcohol, or more, shall pay an annual license tax
of twenty dollars.
Distilleries not to
be licensed.
Social clubs.
Semiannual tax
for each member.
Where malt
liquors only-
handled.
Persons concerned
guilty of mis-
demeanor.
Punishment.
Organizations
entitled to
privilege of
section.
Members defined.
Clubs not
chartered in
dry counties.
Municipal tax.
Sec. 64. Social clubs.
Any organization chartered or organized as a social club which
desires to keep on hand, at their clubhouse or other place of meet-
ing, spirituous, vinous or malt liquors or any mixture thereof, to
be sold or given away to the members of such organization, shall
on the first days of January and July of each year pay a semi-
annual license tax of one dollar for every person who has been
a member of such organization during the preceding year ; but
the tax shall be one-half of said amount when malt liquors only
are sold or given away at such club. Unless and until the said
tax has been paid, any person concerned in keeping such liquors
or any mixture thereof, and selling, directly or indirectly, or giving
away the same, shall be guilty of a misdemeanor, and on con-
viction thereof shall be fined not less than fifty dollars or in the
discretion of the court imprisoned not more than six months, or
both. No organization chartered or organized as a social club shall
be deemed to be such and entitled to the privilege of this section
unless at the time application is made for license the president and
secretary of such club shall exhibit to the board granting such
license a list of the active members of such club on that day and
shall satisfy said board that such membership exceeds thirty
bona fide members, and that such organization is a bona fide
social club and not an organization created and conducted for the
purpose of violating or evading the laws of the State regulating
the licensing and sale of liquors. The word "members," whenever
used in this section, shall not apply to any person under the
age of twenty-one years. No social club for the dispensing of
liquors shall hereafter be permitted or chartered in any county
where the granting of liquor license is prohibited by law. This
shall be in lieu of all other liquor taxes, except that any town or
city may collect a like amount.
1909— Chapter 438. 677
Sec. (35. I'pon every person, whether as agent for another or as Photograph
principal, who engages in the business of talking orders for en- rgers.
largemeut of photographs or who enlarges photographs, an annual
license tax of ten dollars, and each county and city may also County and
collect a license tax not exceeding five dollars. niumcipa ax.
Sec. G6. Dispensaries.
On each dispensary or medical depository there shall be paid Dispensaries and
an annual license tax of three per centum of the gross receipts of depositories.
such dispensary, the same to be paid direct to the State Treasurer
by the managing officers of such dispensary within ten days after
the first days of January and July of each year. No county, County and
city or town shall levy any additional tax under this section. mumcipa ax.
Sec. 67. Ohsolete.
Sec. 68. Insurance companies.
The oflicer authorized to collect the tax on insurance, bond and insurance
investment companies, associations or orders shall collect and pay
into the State Treasury charges, fees and taxes as follows : For License tax.
. ,. • J X .•£ ■ . ^. ^ Life insurance
each license issued to a life insurance company or association, two companies or
hundred and fifty dollars ; for each license issued to a fire insurance Fire'^in^^ance
company or association or to any company or association of com- companies or
,. ^. ^ , ^ . , , associations,
panics operating a separate or distinct plant or agencies, two hun- Agency com-
dred dollars ; for each license issued to an accident insurance com- Accident com-
pany or association, two hundred dollars ; for each license issued panies.
.. .,.,,,,,, Marme msurance
to a marine insurance company or association, two hundred dol- companies or
lars ; for each license issued to a Surety insurance company or Sur°ety ^companies
association, one hundred dollars; for each license issued to a plate- or associations.
Plate-glass
glass insurance company or association, one hundred dollars ; for insurance com-
each license issued to a boiler insurance company or association, ^ou'er'insurance
one hundred dollars ; for each license issued to a domestic mutual companies.
iasurance company, fifty dollars ; for each license issued to a do- Domestic mutual
mestic nlutual insurance company operating in not more than two p^^iiies!^^ ^^^'
counties, ten dollars ; for each license issued to a fraternal order. Fraternal orders.
twenty-five dollars ; for each license issued to a bond, investment. Bond, investment,
,. ., , , . , ,.,, , T , i dividend guaran-
dividend, guarantee, registry, title guarantee or debenture company, tee, registry, title
one hundred dollars ; for each license issued to all other insurance debenture com-
companies or associations, one hundred dollars. All of said c(mi- panies.
Ill ^ J- ^ 1 , 1^ . , Tax on receipts,
panies shall pay a tax of two and one-half per centum upon the
amount of their gross receipts in this State: Provided, that if any Proviso: invest-
general agent shall file with the Insurance Commissioner a sworn taxesVnd^icense
statement showing that at least one-fourth 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 prop-
erty, 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
4iforesaid and the license fee shall be f)ne-half that named above;
678
1909— Chapter 438.
iiud if the aiuoiint so invested shall be three-fourths of the total
assets the tax shall be one-fourth of one per centum and the license
fee one-fourth of that named above. Companies paying the tax
levied in this section shall not be liable for tax on their capital
stock, and no county or corporation shall be allowed to impose
Fees and taxes to any additional tax, license or fee. The license fees and taxes ini-
l)osed in this section shall be paid to the Insurance Commissioner
and by him paid into the State Treasury as provided by law.
Licensed com-
panies liable for
no further tax.
be paid to
insurance com
missiouer.
Dealers in pistols
and cartriag€S.
Dealers in other
weapons.
Dealers in
fireworks.
Separate license
for eacli place of
sale.
Dealers in pianos
and organs.
Tax oil receipts.
Penalty for selling
without payment
of license tax.
Sworn statement
on application for
license.
Treasurer may
investigate state-
ments.
Verification of
application.
Sec. GD. Dealers in pistols, etc.
Every merchant, storekeeper or dealer who shall keep in stock,
sell or offer for sale any pistol or metallic pistol cartridges or
cartridges used in pistols shall pay an annual tax of twenty
dollars ; and every such dealer who shall keep in stock any Bowie
knife, dirk, dagger, slung shot, loaded cane, or brass, iron or metal-
lic knuckles shall pay an annual license tax of one hundred dol-
lars ; and every merchant, storekeeper or dealer selling or offering
for sale firecrackers or other fireworks shall pay an annual license
tax of five dollars. A separate license shall be secured for each
place where sales are made.
Sec. 70. Planus and organs.
Every person, firm or corporation selling pianos or organs in
this State shall pay an annual license tax to the treasurer of
fifty dollars, and the treasurer shall issue a license to said person,
firm or corporation to sell pianos or organs, or both, until July first
next thereafter. In addition to the license tax above required,
every person, firm or corporation selling pianos or organs, or
both, shall pay a tax of forty cents on every hundred dollars re-
ceived from the sale of pianos or organs, which tax shall be paid
to the treasurer before securing an annual license on July first in
each year. Any person, firm or corporation selling pianos or
organs without having paid the license tax required by this
section shall pay a penalty of two hundred dollars, to be recovered
by the treasurer in a civil action in the Superior Court of Wake
County, and shall also pay double the license and sales taxes re-
quired by this section for the year then current. When a person,
firm or corporation makes application for the license required by
this section the treasurer shall require a sworn statement showing
the amount of sales of pianos and organs made by the applicant
in this State for the year preceding the first day of July then last
Itast. The treasurer may require an itemized statement and may
require the production of books and papers and may make such
investigation as he may deem proper ; and after making said in-
vestigation the treasurer shall find what the amount was received
from said sales for said year, and shall collect tax upon said
amount at the rate aforesaid. If the applicant be a natural per-
son he shall sign the application and statement of sales and swear
1909— CiiAPTEE 438. ()79
tu the currcetnet^s of the latter. If the application be made by a
firm, one of the partners shall verify the application. If it be
made by a corporation the verification of the statement shall be
made by one of the managing officers. Any person, firm or cor- False statement a
,. , , . i .■ i, j: J J- T misdemeanor.
I)oratiou making a false statement tor the purpose of defraudnig
the State out of taxes due under this section shall be guilty of a
misdemeanor and shall be liable to a penalty of one thousand dol- Penalty.
lars, to be recovered by the treasurer in a civil action to be in-
stituted in the Superior Court of Walce County. Any person, firm Number of agents
or corporation taking out license under this section may employ
an unlimited number of agents and secure a duplicate copy of
said license for each agent by paying a fee of one dollar to the
treasurer, and the county in which the applicant does business may County tax.
charge a tax of five dollars. No person, firm or corporation licensed No other license
or Drivilt'K^ tOtX
under this section shall be required to pay any other license or
privilege tax ; and no county shall have the right to impose any
license or privilege tax. No city or town shall levy a license or Limit of
privilege tax exceeding ten dollars oia any dealer having an office
cjr selling from any receiving point. No person, firm or corpora- No otlier tax on
tion paying a tax upon gross sales under this section shall be
required to pay a tax on the said sales under or by virtue of any
other section of this act.
Sec. 71. Cigarette dealers and manufacturers of cigarettes.
On every manufacturer of cigarettes the following tax : Where Cigarette manu-
the animal output of cigarettes by such manufacturer is less than
two hundred and fifty million, two hundred and fifty dollars ; Graduated tax.
where such annual output exceeds two hundred and fifty million,
but does not exceed five hundred million, five hundred dollars ;
where such aimual output exceeds five hundred million, one thou-
sand dollars: Provided, that no county, city, town or townshJ}» Proviso: no
shall levy or collect any tax, assessment, license or fee from or on paV tax excepf '^''
such manufacturer except the ad valorem tax. And everv person ^^T'^'J^f^"?-
' ' '^ Retail dealers,
retailing cigarettes shall pay a license tax of five dollars per an-
num. No county shall levy any tax under this section. No city No county license
or town shall levy a license or privilege tax exceeding ten dollars, ij^it of
municipal tax.
Si;c. 71'. I'uhlic ferries, 'bridges, etc.
On every ferry or bridge, one per centum of gross receipts; and Ferries and
any person or company operating any such ferry or bridge shall rgceipt^s.^''^ °"
make returns, on oath, of such receipts to the register of deeds Sworn returns.
of the county in which such public ferry or bridge is located, within
ten days after the first days of January and July of each year,
and at the same time pay to the sheriff the tax herein imposed.
Sec. 73. Obsolete.
Sec. 74. Emigrant agents.
Ou every emigrant agent or person engaged in procuring laborers Emigrant agents,
for employment out of this State, an annual license tax of one
680
1909— Chapter 438.
Engaging in
business before
paying tax a
misdemeanor.
Punishment.
Itinerant oculist.
liuudred dollavs for the State aud oue liuudred dollars for the
county, for each county in which such agent or person does busi-
ness, the same to be collected by the sheriff. Anyone engaging in
this business without first paying said tax shall be guilty of a
misdemeanor and fined not less than two hundred dollars or im-
prisoned in the discretion of the court.
Sec. 75. Itinerant oculists.
Additional tax
for selling glasses
fjpon every itinerant oculist, an annual license tax of five dol-
lars for each county in which he may practice and five dollars
additional for each county in which he may sell or offer to sell
Itinerant optician spectacles or eyeglasses ; and upon every itinerant optician or
gfasl^s.^'^ '" dealer in spectacles or eyeglasses, an annual license tax of ten
dollars for each county in which he may offer to do business.
Trading stamps
and lilce devices.
Manufacturers
and mercliants
offering definite
inducements.
Proviso: munici-
pal and county
tax.
Sec. 76. Trailing stamps.
An annual license tax for the State upon the business of issuing,
selling or delivering trading stamps or checks, receipts, certificates,
tokens or other similar devices to persons engaged in trade or
business, with the understanding or agreement, expressed or im-
plied, that the same shall be presented or given by the latter to
their patrons as a discount, bonus or premium or as an induce-
ment to secure trade or patronage, and that the corporation, firm
or association or person selling or delivering the same will give
to the person presenting or possessing the same money or other
thing of value, or any concession or preference In any way on
account of the possession or presentation thereof, is hereby as-
sessed against and imposed upon each corporation, firm, association
or person engaged in such business of two hundred dollars ; that
nothing in this act shall be construed to apply to a manufacturer
or to a merchant who sells the goods of such manufacturer from
offering to present to the purchaser or customer a gift of certain
value as an inducement to purchase such goods : Provided, that no
county, city or town shall charge more than one hundred dollars.
Schedule C.
Sec. 77. Defining taxes embraced in this schedule.
Privilege tax. The taxes embraced in this schedule shall be listed and paid as
specially herein provided, and shall be for the privilege of carrying
Regulations under on the business or doing the act named, and shall be sub.1ect to
other regulations mentioned in section twenty-six, under Sched-
ule B.
schedule B.
Returns of rail-
roads to auditor.
Sec. 78. Privilege tax on railroads.
Every steam railroad company and every person operating a
steam railroad in this State shall on or before the thirty-first day
of August in each year make and return to the State Auditor,
in such form and upon such blanks as shall be furnished by him, a
1909 — CnAPTER i38. G81
true statement of the gross earnings of their respective roads for
the preceding year ending the thirtieth day of June, of the number
of miles of road operated by each such company or person and
the number of miles in the State, and the gross earnings per mile
per annum during such year, which statement shall be verified by Returns to be
the oath of the secretary and treasurer of such companies or of ^^"
the person so operating such railroad, and the State Auditor shall Auditor to certify
certify said amount to the State Treasurer. ° reasurer.
Sec. 79. Rate of taxation.
The aimual license tax for operating such railroads within the Graduated tax on
State shall be as follows : When gross earnings per mile are one ^^°^^ earnings,
thousand dollars or less per year, a tax of two dollars per mile ;
when gross earnings per mile exceed one thousand dollars per year,
but do not exceed two thousand dollars, a tax of three dollars per
mile ; when gross earnings per mile exceed two thousand dollars per
year, but do not exceed three thousand, a tax of four dollars per
mile ; when gross earnings per mile are in excess of three thou-
sand dollars per year, a tax of five dollars per mile. The tax Tax to be paid to
imposed by this section shall be paid to the State Treasurer at the treasurer,
time of making the report provided in section seventy-eight. No No county or
county, city or town shall be allowed to collect any tax under this municipal tax.
section.
Sec. so. Express companies.
That each express company doing business in this State shall Tax on revenues.
pay to said State an annual tax of two and one-half per cent upon
its gross revenues derived from business done wholly within this
State — that is to say, upon business originating and terminating
in said State; and that each express company shall make to Quarterly reports
the Treasurer of said State a quarterly report under oath, showing ^" ^^ °^*'^"
the amount of said business done by the said express company
in this State for the quarter next preceding such report : Provided, Proviso: no
no county shall levy any tax under this section. In addition to License tax" for
said amount to be paid to the State as aforesaid, there may be municipalities.
levied and collected by the several incorporated municipalities of
the State of North Carolina from each express company for the
privilege of doing business within the municipal limits of said
incorporated municipalities a privilege or license tax to be computed
and based on the population of said municipalities, as follows,
to-wit : Incorporated municipalities having a population of five Graduation of
hundred people or less, two dollars and a half per annum; munici- ^^'
palities having a population of over five hundred and not exceeding
one thousand, five dollars per annum ; municipalities having a
population of one thousand and not exceeding five thousand, ten
dollars per annum; municipalities having a population of five
thousand and not exceeding ten thousand, fifteen dollars per an-
num ; municipalities having a population of ten thousand and not
682
Telegraph
companies.
Tax on earnings.
Quarterly
installments.
Returns under
oath to treasurer.
Tax to be paid to
treasurer.
Penalty for
default in making
returns.
Tax to be paid
within forty days.
Treasurer to
institute action.
Further penalty.
Proviso: county
and municipal
taxes.
Telephone
companies.
Tax on receipts.
Proviso: sworn
statement of
investments to
reduce rate.
1909— Cpiapter 438.
exceeding twenty thousand, twenty-five dollars per annum ; munici-
palities having a population exceeding twenty thousand, fifty dol-
lars per annum.
Sec. si. Telegraph companies.
Every company, firm or person operating within this State the
apparatus necessary to communication by telegraph shall pay for
the privilege of engaging in the business of transmitting telegraphic
messages or communication between points, both of which are
within this State, two and one-half per centum of the gross earn-
ings of the said company, firm or person, received or due, though
not received, from business done entirely between points within
this State. The tax herein imposed shall be an annual tax,
payable in quarterly installments, as hereinafter provided. Every
such company, firm or person shall return, under oath, to the
Treasurer of the State, within forty days after the first day of
January, April, July and October of each year, the amount of
the gross receipts of the company derived from business done be-
tween points within this State, and to pay to the treasurer the tax
herein imposed at the time of making such return. In the case
of default of such return the said company, firm or person shall
pay a penalty of one thousand dollars. The tax hei'ein imposed
shall be paid directly to the treasurer within forty days after the
first day of January, April, July and October of each year, and
upon failure to pay the amount thus due, or to pay any penalty
incurred for failure to make the return herein provided for. the
treasurer shall institute an action to enforce the collection of the
same in the county of Wake or in any other county in w^hich such
telegraph company does business, adding thereto twenty-five per
centum of the tax or of the penalty due: Provided, that no county
shall levy any additional tax under this section, but towns may
levy the following taxes : Those having a population of one thou-
sand and not exceeding five thousand, ten dollars ; from five thou-
sand to ten thousand, fifteen dollars ; from ten thousand to twenty
thousand, twenty dollars ; over twenty thousand, fifty dollars.
Sec. 82. Telephone companies.
On every telephone company doing business in this State, an
annual tax of two and one-half per cent on the gross receipts of
such telephone company within the State, reckoning for the pur-
pose of ascertaining the amount of such gross receipts the pro-
portion of the interstate business done within the State which
is properly credited to North Carolina: Provided, that if any such
company shall file with tlie Board of State Tax Commissioners a
statement, signed and sworn to by its princijial oQicer in this
State, 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.
I
1909— Chapter 438. G88
viz., bonds of this State or of auy county, city or towu of tliis
State, or auy property situate iu this State aud taxable therein,
then the tax shall be one and one-half per cent ; aud if the amount
so invested shall be one-half of its total assets the tax shall be
one per cent ; and if the amount so invested shall be three-fourths
of its total assets the tax shall be one-half of one per cent. The Returns uiKier
superintendent, general manager or other chief officer of every treasurer.
such company shall make return, under oath, to the Treasurer
of the State, within ten days after the first day of January, April.
.July aud October of each year, of the amount of the gross receipts
of the company for the quarter ending on the first day of the month
immediately preceding, and pay to the treasurer the tax here im- Tax to be paid to
tre£i*^iirer
posed at the time of making such return. It shall be the duty of sheriff to report
each sheriff to report to the treasurer anj' such company doing ^° treasurer.
business iu his county. Iu case of default of such return and Penalty for
payment of tax, the company shall pay a penalty of one thousand
dollars, to be collected by such sheriff as the Treasurer of the Collection by
slicrifT
state shall designate, by distress or otherwise: Provided further, proviso: no
no couutv, citv or towu shall be allowed to impose an additional county or munici-
• ' ' ^ pal tax except
tax, license or fee provided in this section, except the ad valorem ad valorem.
tax.
Sec. So. Tax on corporations.
On each aud every corporation organized under the laws of Franchise tax on
^, • oii i , . , . . ,, . ^, , . , . corporations.
this State or doing business in this State, an annual tranchise tax
iu proportion to the amount of its capital stock, according to the
following graduated scale, to-wit : On corporations having a capital Graduated scale.
stock, paid in or subscribed, of twenty-five thousand dollars or
less, five dollars : over twenty-five thousand dollars and not ex-
ceeding fifty thousand dollars, ten dollars ; over fifty thousand dol-
lars and not exceeding one hundred thousand dollars, twenty-five
dollars; over one hundred thousand dollars and not exceeding
two hundred and fifty thousand dollars, fifty dollars ; over two
huudrod and fifty thousand dollars and not exceeding five hun-
dred thousand dollars, one hundred dollars ; over five hundred
thousand dollars and not exceeding one million dollars, two hun-
dred dollars ; over one million dollars, five hundred dollars. No No county or
county, city or town shall have the power to levy any franchise franchise tax.
tax under this section : Provided, that the pavment of the tax I'/oviso: payment
' of franchi.se tax
imposed by this section shall not e.\emi)t any corporation from the not to exempt
payment of th(; license taxes levi(>d under Schedule P. of this act: ^rom hcense tax.
Provided further, that the tax provided for under this section shall Proviso: tax pay-
be payable to the State Treasurer: Provided further, that this pro'viS): 'rorpora-
section shall not apply to railroads, banks, building and loan as- *''°"'* ^''^P*^'^-
sociations, insurance companies, telegraph companies, expres.s com-
panies and telephone companies: Provided further, that foreign Proviso: foreign
corporations maintaining an oflice or offices iu the State for office corporations,
work only, and not for selling their goods or wares, shall pay an
annual tax of one hundred dollars.
684
1909— Chapter 438.
Tax on marriage
licenses.
Sworn returns
from register of
of deeds.
Returns filed.
Payment of tax.
County tax.
Sec. S4. On each marriage license, one dollar.
The tax on marriage license shall be one dollar, and shall be
paid to the register of deeds. It shall be the duty of the register
of deeds to render annually to the sheriff, on the first Monday in
December, sworn statements in detail of taxes received by him
under this section, and at the same time pay him the money
thus received, and thereupon the sheriff shall file the statements of
the register of deeds with the clerk of the Superior Court. The
said marriage-license tax shall be paid to the State Treasurer by
the sheriff of the county in which the same is collected when he
settles for the other State taxes. The counties may levy the same
tax upon marriage licenses as is levied by the State.
Seal taxes.
Great seal of
state.
Reciprocal tax.
Seal of state
department.
Seal of state
treasurer.
Sworn statements,
Scroll seals.
Seals exempted.
Commission to
ofBcers.
Neglect of officer
a misdemeanor.
Punishment.
Sec. S5. Tax on seal affixed &y officers.
Whenever the Seal of State, of the Treasury Department or
other public officer required by law to keep a seal (not including
clerks of the courts, other county officers and notaries public) shall
be affixed to any paper the tax shall be as follows, to be paid by
the party applying for the same : For the Great Seal of the State
on any commission, one dollar, except magistrates' commissions,
which shall be without 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 making 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 quarterly ; for the seal of the State Department, fifty
cents, to be collected by the Secretary of State and paid by him
into the treasury; for the seal of the State Treasurer, to be col-
lected by him and accounted 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 thereof. Whenever a scroll is used in the absence of
a seal by any of the 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, or under any process of court, shall be exempt from taxation.
The officers collecting the said taxes and fees may retain as com-
pensation five per centum only, as provided in the Revisal of one
thousand nine hundred and five, except in case of sheriffs, whose
compensation shall be allowed by the auditor. Any person receiv-
ing 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.
1909— Chaptee 438. (385
Sec. S6. Licenses to he countersigned and recorded lnj the register
of deeds.
All licenses issued iu accordance with this act, except those is- Licenses to be
count^r'^iffnGd
sued by the State Treasurer, shall not be valid until they shall
be exhibited to and countersigned by the register of deeds, by Record of
whom a pei-manent record of all such licenses shall be kept. The Fee of register of
register of deeds shall be entitled to a fee of fifteen cents for deeds.
each license recorded by him, to be paid by the person applying
for the license.
Sec. 87. Fines for the henefit of school fund.
Whenever any officer, including justices of the peace, receives Officers to pay
or collects a fine, penalty or forfeiture in behalf of the State, he pei^ialtPef
shall within thirty days after such reception or collection pay To use of school
over and account for the same to the treasurer of the county board
of education for the benefit of the fund for establishing and main-
taining the free public schools in such county. Whenever any fine Fines and
or penalty is imposed by any officer the said fine or penalty shall docketed. ° ^
be at once docketed, and shall not be remitted except for good and if remitted,
sufficient reasons, which shall be stated on the docket. stated.
Sec. 88. Misappropriation of taxes deemed embezzlement.
Any officer, including justices of the peace, violating tlae pre- Officer appropri-
,. ,. - i. J. 1.. oi J. i. ating taxes to his
ceding section or appropriating to his own use any State, county, own use guilty of
school, city or town taxes shall be guilty of embezzlement, and p?J^^fh^'^t"^*"
upon conviction shall be punished by imprisonment in the State's
Prison for not less than six months nor more than five years, at
the discretion of the court.
Sec. 89. Duty of sheriff in case of violations of the provisions of
this act.
That it shall be and is hereby made the duty of the sheriif of Sheriff tp make
each county iu the State to make diligent inquiry as to whether *^'^'s^'^* inquiry,
or not all license taxes provided for under Schedules B and C of
this act shall have been paid, and ascertain whether it is his
duty to collect the tax or whether such license should be issued
by the State Treasurer, and if it is found that the State Treasurer Notification to
should issue such license the State Treasurer must at once be treasurer.
notified by the sheriff or tax collector ; and any person, firm or Failure or refusal
corporation liable for such license tax who fails or refuses to a^rni^demeanor.^^
pay such tax when demanded by the sheriff shall be guilty of a
misdemeanor and punished by fine or imprisonment, at the dis- Punishment.
cretion of the court; and it shall be the duty of the sheriff, upon Sheriff to swear
the failure of any such person, firm or corporation to pay such
license tax on demand, to swear out a warrant before some justice
of the peace in said county, and if on the hearing of said matter
the justice shall find that there is jtrobable cause for believing pg^go^s bound
that such person, persons or corporation is guilty of a violation over.
080
1009— CiiAPTEK 438.
Proviso: action
dismissed on pay-
ment of tax and
costs.
Collection by
distraint.
Provi.so: sheriff
not liable unless
malice sliown.
Lists to be
furnished to
judge.
Judge to deliver
lists to grand .jury,
Count.v licen.se
tax.
Proviso: unless
specifically for-
bidden.
Appropriation to
treasurer.
Appropriation to
auditor.
License to be
exhibited on
demand.
Arrest on failure.
Discharee on
exhibition of
license and pay-
ment of costs.
ol' this act lie shall cause such person, persons or corporatiou to
enter into bond for appearance at the next term of the Superior
Court of said county to answer the charge: Provided, however, that
if said person, persons or corporation sliall pay to the sheriff the
full amount of such license tax and all costs and expenses due said
slieriff and the justice of the peace before tlie cause is heard
before said justice, then said justice may dismiss the action; and
upon failure of any person, persons or corporatiou to pay any of
the license taxes imposed by this act, when due, the sheriff shall
liave power to levy upon any personal or real estate owned by
such person, persons or corporation, as provided in other cases
wliere taxes are collected by distraint: Provided further, that the
slieriff shall not be liable for false arrest or wrongfully levying
upon any property under this section unless it shall appear that
the sheriff did so maliciously. It shall be the duty of the sheriff
to furnish to the judge of the Superior Court at each term of
court the names of all persons in his county doing business
enumerated in these schedules, specifying those who have paid
the tax and those who have failed to pay, and the judge shall
thereupon deliver the same to the grand jury and charge them
as to their duty thereupon.
Sec. 90. Unlcfis prohibited, eounti/ mail levji name licence tax «.s-
i^tate.
In cases where a specific license tax is levied for the privilege of
carrying on any business, trade or profession the county may
levy the same tax and no more: Provided no provision to tlic
contrary is made in the section levying the specific license tax.
Skc. 91. Appropriation for auditor and treasurer.
A sum not to exceed two thousand five hundred dollars is hereby
appropriated, out of any moneys not otherwise appropriated, to
be expended by the Treasurer of the State as he may deem best
and necessary to secure the prompt and proper collection of taxes
and tlie protection of the treasury; and a like amount of two
tliousand hve hundred dollars or so much thereof as may be neces-
sary is hereby appropriated to be used by the Auditor of the
State for the proper enforcement of the Machinery Act.
Sec. 92. License to be exhibited on demand.
It shall be the duty of every person liable to any license tax
under this act to exhibit his license, whether said license is issued
by the sheriff or the State Treasurer, upon demand of any sheriff,
constable, deputy sheriff" or justice of the peace of any county in
which he may offer to do business or practice the trade or profes-
sion for which license is required, and upon failure to do so every
person may be arrested and held to answer the charge, and if
after arrest he shall produce his license he shall be discharged upon
payment of costs.
1909— Chapter 438—439. 687
Sec. 03. It shall be iiulawful for any person to carry on or Unlawful to
practice any itinerant trade, business or profession for which a wft'hmft possessfon
license is I'equired under this chapter without having in his actual of license.
possession at the time of so carrying on or practicing said trade,
business or profession said license or duplicate thereof. Neither the Duplicates of
State Treasurer nor sheriff shall have authority to issue a duplicate exprlLlj^^^ ^' '"^"
of any license unless expressly authorized to do so by this chapter, authorized,
but each person, tirm or corporation shall be retiuired to take out
a separate license for each agent. Any person violating the pro- Violation of act a
visions of this act shall be guilty of a misdemeanor. misdemeanor.
Sec. 04. iSubjects of taxation revised in tltin act nut otiicricisc
taxable.
All laws imposing taxes the subjects of which are revised in this Conflicting laws
act are hereby repealed: Provided, that this repeal shall not ex- proviso /effect of
tend to the provisions of any law, so far as they relate to the taxes repeal.
listed or which ought to or would have been listed or which may
have been due previous to the ratification of this act : Provided Proviso: rights of
, ^, ^, ,, . , . , ,, ^ , . 1 ^ , , cities and towns.
further, that this section shall not be construed to repeal any law
otherwise empowering towns or cities to impose taxes.
Sec. 05. This act shall be in force from and after its ratitica-
tiou.
Ratified this the 8th day of March. A. D. 1000.
CHAPTER 439.
AX ACT AUTHORIZING THE TOWN OF ROCKINGHAM TO
CONTRIBUTE TO A FUND FOR THE ERECTION OF A CON-
FEDERATE MONUMENT IX RICHMOND COUNTY.
'J'he General Assenibl!/ of Xorth Carolina do enact:
SixTiON 1. That the board of commissioners of the town of Contribution by
Rockingham are hereby authorized to pay to the Confederate Vet-
erans' Association of Richmond County the sum of two hundred Amount,
and fifty dollars out of any fund in hand to aid in the completion
of the monument now in contemplation by said association in
memory of the bravery and devotion of soldiers from that county
in the Civil War.
Sec. 2. That the said memorial, when completed, shall b(* under Care and protec-
the care and jn-otection of the board of commissioners of said ^'°" "^ memorial,
county, and full i)ower in resjject thereto is hereby invested in said
board.
Sec. o. That this act shall be in force from and after i.ts ratifica-
tion.
Ratified this the 4th dav of March. A. D. 1000.
688
1909— Chapter 440.
CHAPTER 440.
Former law
amended.
AN ACT TO AMEND AN ACT TO PROVIDE FOR THE ASSESS-
MENT OP PROPERTY AND COLLECTION OF TAXES.
The General Assembly of North Carolina do enact:
That chapter two hundred and fifty-eight of the Public Laws
of one thousand nine hundred and seven be amended so as here-
after to read as follows :
ARTICLE I.
BoAKD OF State Tax Commissioners.
Section 1. Board of Corporation Commissioners created Board of
State Tax Commissioners.
Corporation com- In addition to the duties imposed upon the Board of Corporation
mission created _^ '■
board of State tax Commissioners by the act ci*eating said board, they are hereby
created a Board of State Tax Commissioners, with powers and
duties prescribed under this act.
Sec. 2. Board may employ clerks, etc.
Said board may employ such clerks as in their judgment they
may deem necessary to put into proper execution the provisions
of this act. The persons so elected shall hold office during the
pleasure of said board, and a record of all the proceedings of
said board shall be kept, which record, with all other papers or
proceedings of said board, shall be a part of the record of the
Board of Corporation Commissioners, and of which the clerk
of said Board of Corporation Commissioners shall be the lawful
custodian, and who, when the board is not in session, shall also
have oversight of the clerical force and have performed such duties
as are directed by the board. The sum of one thousand five hun-
dred dollars, or so much thereof as may be necessary, is hereby
appropriated for the payment of the salaries of said office force
and additional work to said board.
Sec 3. Members of board to tale oath of office: compensation of
members of board.
The members of said board shall take and subscribe the con-
stitutional oath of office, to be filed with the Secretary of State.
The members of said board shall devote their whole time to the
discharge of the duties of their office, and they shall also receive
their necessary expenses in the performance of their duties, to be
audited and allowed by the State Auditor and paid monthly by
the State Treasurer out of the general fund. Each member of
said board shall file with the State Auditor an itemized state-
ment of all expenses incurred in the performance of his duty,
including livery hire and hotel expenses.
commissioners.
Board may
employ clerks.
Term of office.
Record of pro-
ceedings.
Custodian of
records.
Oversight of
clerical force.
Appropriation for
office force and
additional work.
Members of board
to qualify.
To devote entire
time to work.
Allowance of
expenses.
Itemized state-
ments of expenses.
1909— Chapter 440. 689
Sec. 4. Place of meeting of board; shall have access to books,
papers, etc., icith poioer to subpoena and examine icitnesses.
Regular sessions of said board shall be held at the office of Regular sessions
said board iu the city of Raleigh. The said board and the members Access to state
thereof shall have access to all books, papers, documents, state- records,
ments and accounts on file or of record in any of the departments
of State, subject to the rules and regulations of the respective de-
partments relative to the care of the public records. It shall have Access to county,
like access to all books, papers, documents, statements and ac- munidpal^'ecords
counts on file or of record in counties, townships and municipalities.
Said board shall have the right to subpoena witnesses, upon a Power to issue
subpoena signed by the chairman of said board, directed to such subpoenas,
witnesses, which subpoena may be served by any person author- Service of
ized to serve subpoenas from courts of record in this State ; and AtteiSanlie com-
the attendance of witnesses may be compelled by attachment, to pelled by attach-
be issued by any Superior Court upon proper showing that such
witness has been properly subpoenaed and has refused to obey
such subpoena. The person serving such subpoena shall receive the pay for serving
same compensation now allowed to sheriffs and other officers for subpoenas.
serving subpoenas. Said board shall have the power to examine Power to examine
witnesses under oath, said oath to be administered by any mem- Administration of
ber of said board or by the secretary thereof. Said board shall oath.
have the right to examine books, papers or accounts of any cor- Right to examine
poration, firm or individual owning property liable to assessment o°corp'orat?wfs^^^
for taxes, general or specific, mider the laws of this State ; and fiF™s o^r indi-
any officer or stockholder of any such corporation, any member Acts declared
J. 1 a 1 V, 11 £ i misdemeanor.
of any such firm or any person or persons who shall refuse to
permit such inspection or neglect or fail to appear before said
board in response to its subpoena, or testify, as provided for iu this
section, shall be deemed guilty of a misdemeanor and shall be Punishment.
punished by a fine not exceeding one thousand dollars or by im-
prisonment in the State's Prison for a period not exceeding two
years, or both such fine and imprisonment, in the discretion of the
court.
Sec. 5. Time for holding regular meetings; chairman may call
special meetings.
Said board shall hold regular meetings on the first Tuesday of Times of regular
March, June, July, August, September and October of each year, '"^ctmgs.
unless said dates are changed by order of the board, of which Notice of change.
changes due notice shall be given, and may hold adjourned sessions Adjourned
as may be deemed necessary by it for the proper performance of ®^^*'°"''-
the duties devolving upon said board. The chairman may call Special sessions.
special sessions of the board whenever and wherever in the State
he may deem it advisable so to do, and shall call such special ses-
sions upon the written request of two members.
Pul).
690
1909— Chapter 440.
Duties of board.
General super-
vision of listing
and assessing
officers.
To confer with
and advise
officers.
To institute pro-
ceedings to enforce
penalties and
liabilities.
To prefer charges
agani.st officers.
Attorney-general
and prosecuting
officers to assist.
To receive and
investigate com-
plaints.
To correct
irregularities.
Visits to counties.
Purposes of visits.
To require reports
from officers.
Penalty for neg-
lect or refusal to
furnish report, or
hindrance to
commission.
Presumption of
willful delay.
To investigate
laws and systems
of other states
and countries.
Sec. 6. Duties of the board.
It shall be the duty of the board :
(1) To have and exercise general supervision over the tax
listers and assessing officers of this State, and to take such meas-
ures as will secure the enforcement of the provisions of this act,
to the end that all the properties of this State liable to assess-
ment for taxation shall be placed upon the assessment rolls and
assessed at their true value in money.
(2) To confer with and advise assessing officers as to their
duties under this act, and to institute proper proceedings to en-
force the penalties and liabilities provided by law for public
officers, officers of corporations and individuals failing to comply
with this act ; to prefer charges to the Governor against assessing
and taxation officers who violate the law or fail in the performance
of their duties in reference to assessments and taxation ; and in
the execution of these powers the said board may call upon the
Attorney-General or any prosecuting attorney in the State to as-
sist said board.
(3) To receive complaints as to property liable to taxation that
has not been assessed or has been fraudulently or improperly as-
sessed, and to investigate the same, and to take such proceedings
as will correct the irregularity complained of, if found to exist.
(4) To see that each county in the State be visited by at least
one member of the board as often as is necessary, to the end that
all complaints concerning the law of assessment and taxation may
be heard ; that information concerning its workings may be col-
lected ; that all assessing and taxation officers comply with the
law and all violations thereof be punished, and that all proper
suggestions as to amendments and change may be made.
(5) To require from any registers of deeds, clerks of coux-ts,
mayors and clerks of towns or any other officer in this State, on
forms prescribed by said Board of State Tax Commissioners,
such annual or other reports as shall enable said board to ascertain
the assessed valuations of all property listed for taxation through-
out the State under this act, the amount of taxes assessed, col-
lected and returned delinquent, and such other matters as the
board may require, to the end that it may have complete and
statistical information as to the practical operation of this act ;
that every such officer mentioned in this section who shall will-
fully neglect or refuse to furnish any report required by the
commission for the purposes of this act, or who shall willfully and
unlawfully hinder, delay or obstruct said commission in the dis-
charge of its duties, shall forfeit and pay one hundred dollars for
each offense, to be recovered in an action in the name of the
State. A delay of ten days to make and furnish such report shall
raise the presumption that the same was willful.
(6) To make diligent investigation and inquiry concerning the
revenue laws and systems of other States and countries, so far
1909— Chapter 440. 691
as the same is made known by published reports and statistics
and can be ascertained by correspondence with officers thereof,
and, with the aid of information thus obtained, together with ex-
perience and observation of our own laws, to recommend to the Recommendations
Legislature at each regular session thereof such amendments, ° ^^'^ ^ ^^^'
changes or modifications of our revenue laws as seem proper and
necessary to remedy injustice and irregularities in taxation and
to facilitate the assessment and collection of public revenues.
(7) To further report to the Legislature at each regular session Reports to
thereof, or at such other times as the Legislature may direct, the legislature.
whole amount of taxes collected in the State for all purposes,
classified as to State, county, township and municipal purposes,
with the sources thereof ; the amount lost," the cause of the loss, the
proceedings of said board and such other matters of information
concerning the public revenues as it may deem of public interest.
fS) To discharge such other duties as are or may be prescribed To discharge
. , other duties.
by law.
Sec. 7. Board to make annual report to the Governor.
The Board of State Tax Commissioners shall, on or before the Annual reports
first day of November of each year, make an annual report to the *° so\ernor.
Governor of the State setting forth the workings of said commis-
sion during the preceding year and containing the findings and
recommendations of said commission in relation to all matters of
taxation. The State Auditor shall cause two thousand copies of Report to be
said report to be printed on or before the first day of December ^"'^ ^ "
succeeding the making of said report. Five hundred copies of Distribution of
said report shall be placed at the disposal of the State Librarian '^^'^° '
for distribution and exchange, and a copy of said report shall be
forwarded by said tax commission to each member of the General
Assembly as soon as printed.
Sec. 8. After the various tax lists required to be made under Tax lists subject
this act shall have been passed upon by the county board of ^° ^rd!'^^^'"" °^
equalization, the said several tax lists shall be subject to inspection
by the said Board of State Tax Commissioners or by any member
thereof ; and in case it shall appear or be made to appear to said Procedure for
board that property subject to taxation has been omitted from said \\si^^
list, the said board may issue an order directing the assessor or •^"'der on assessor
or lister com-
lister whose assessment or failure to assess are complained against plained of.
to appear with his tax list at a time and place to be stated in said
order, and the place to be at the office of the boai'd of county Time and place
conunissioners at the county seat or such other place in said ^°^ appearance.
county in which said roll was made as said board shall deem
most convenient for the hearing herein provided for. A notice Notice of time
of the time and place that said assessor or lister is ordered to publPshed.^° ^
appear with said list shall be published in a newspaper published
at the county seat in said county, if there be one ; if not. in some
692
1909— Chapter 440.
Personal notice to
parties in interest.
Copy of order
served on tax
officer.
Board or member
to appear.
Officer to appear
with tax list.
Hearing.
Parties in interest
may appear and
be heard.
Entries by board
or member on tax
hst.
Certificate of
review.
Pay of tax officer.
Action of board
final.
paper printed in said county, if there be any, at least five days
before the time at which said assessor or lister is required to
appear, and personal notice shall be given by mail to said persons
whose property or whose assessments are to be considered at
least five days prior to said hearing. A copy of said order shall
be served upon the tax officer in whose possession said list shall
be at least three days before he is required to appear with said
list. The said board or any member thereof shall appear at the
time and place mentioned in said order, and the assessing or
listing officer upon whom said notice shall have been served shall
appear also with said tax list. The said board or any member
thereof, as the case maj^ be, shall then and there hear and
determine as to the proper assessments of all property and persons
mentioned in said notice, and persons affected or liable to be af-
fected by the review of said assessments thus provided for may
appear and be heard at said hearing. In case said board or the
member thereof who shall act in said review shall determine that
the assessments so reviewed are not assessed according to law,
he or they shall, in a column provided for that purpose, place
opposite said property the true and lawful assessment of the
same. As to property not on the tax list, the said board or mem-
bers thereof acting in said review shall place the same upon said
tax list by proper description, and shall place thereafter in the
proper column the true cash value of the same. In case of review
under this section, the said board or the member thereof acting in
said review shall certify under his hand officially and spread upon
said list a certificate of the day and date at which said tax list
was reviewed by him and the changes made by him therein. For
appearing with said list, as required herein, the tax officer shall
receive the same pay per diem as is received by him in the prepara-
tion of the tax list, to be presented to and paid by the proper officers
of the county or municipality of which he is the assessing officer
in the manner as his other compensation is paid. The action of
said board or member, taken as provided in this act, shall be
final.
I
Grossly irregular
lists subject to
general review.
Sec. 9. Board may order general review of tax list.
In case it shall appear or be made to appear to said board that
any tax list in the State is so grossly irregular and unlawfully
assessed that adequate compliance with the law cannot be secui'ed
except by a general review of said tax list, said board may make
and issue an order that said tax list shall be subject to general
Time and place review, and the time and place shall be stated in said order, at
ord'er.^*^^^'^ ^^ which said list shall be reviewed, and under said order the assessor
Assessor to appear whose assessment or failure to assess is complained against shall
with tax lists.
be required to appear with his tax list at the time and place thus
determined ; said time to be not less than fourteen days from the
issuance of the order, and the place to be at the office of the board
of county commissioners at the county seat or such other place
1909— Chapter 440. 693
in said county in which said list was made as said board ^^^^^^^ ^^^jfg^ij*^'^^
deem most convenient for the hearing herein provided for. A
notice of the time and place that said assessor is required to
appear with said list, together with a statement that said list
will be subjected to general review and that all persons interested
therein may be heard at said time, shall be published in a news-
paper published at the county seat of said county, if there be
one; if not, in some newspaper printed in said county, if there
be any, at least seven days before the time at which said assessor
is required to appear. A copy of the order made as aforesaid Copy of order
, • T 1 • j_ SGr V GQ Oil XctX
shall be served upon the tax officer m whose possession said list officer.
shall be at least three days before he is required to appear with
said list. The said board or any member thereof shall appear at
the time and place mentioned in said order, and the tax officer
upon whom said notice shall have been served shall appear also
with said tax list. The said board or any member thereof, as the Procedure at
case may be, together with the chairman of the board of county
commissioners, shall then and there review said tax list and
the assessment of property therein, and he or they shall have
power to determine in accordance with law the amount at which
said assessments shall be placed, and to change the same so that
said assessments may comply with the law ; also to place upon said
list property omitted therefrom, in the same manner as provided
in the last preceding section. The determination of said board or
members thereof acting in said review shall be placed in a column
provided for that purpose, and they or he shall proceed in all
respects as provided in the last preceding section; and the tax
officer shall receive the same compensation as provided in said
section.
Sec. 10. If it shall appear to said board at any time that any Property not
, ,. . listed in previous
property liable to taxation has not been assessed tor any previous years.
year as hereinbefore provided, the said board shall report the
same to the proper assessing officer, and the same shall be listed
for taxation upon the next tax list that shall be made and shall
be valued as all other property. The said board shall further Valuation.
Certificate to
certify to the board of county commissioners of the several coun- county com-
ties at the October session thereof next after said property shall missioners.
be then listed for taxation, and said board of county commissioners Taxes for prior
-, , ,, years entered
shall ascertain the rate of taxation for said several years and shall against property.
order the taxes for said several years to be entered against said
property upon the valuation for the then current year, and the
same shall be so entered in a column provided for that purpose,
and it shall constitute a charge against the person or property T^''^ \° ^® ??^'
. , , , , , . lected as other
and be collected as other taxes : Provided, hoicever, that this pro- taxes.
vision shall not be deemed to relate back prior to the going into ^™oactive"assess-
effect of this act: Provided further, that in case of change of ment.
Proviso: cliange
ownership of the property omitted, said taxes shall not be entered of ownership.
against said property prior to the last change of ownership.
694
1909— Chapter 440.
ARTICLE II.
Exemptions from
poll tax.
Certificate of
exemption.
Collection of poll
tax by attach-
ment.
Refusal of
employers to
furnish lists of
employees a mis-
demeanor.
Form of attach-
ment.
Sec. 11. Commissioners shall have power to exempt; sJteriff to
(/arnishee if taxes are not paid in sixty days; forui of at-
tachment.
The board of commissioners of the several counties shall have
power to exempt any person from the payment of poll tax on ac-
count of poverty and infirmity ; and when any such person has
been once exempted he shall not be required to renew his ap-
plication unless the commissioners shall revoke the exemption.
When such exemption shall have been made, the clerlv of the com-
missioners shall furnish the person with a certificate of such
action, and the person to whom it was issued shall be required to
list his poll, but upon exhibition of such certificate the list taker
sliall annually enter in the column intended for the poll the word
"Exempt,'" and the poll shall not be charged in computing the list.
If any poll tax or other tax shall not be paid within sixty days
after the same shall be demandable it shall be the duty of the
sheriff, if he can find no property of the 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 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 made, refuse to give to the tax
collector of any county, city or town a list giving the names of
all persons employed by them who are liable for tax shall be
guilty of a misdemeanor. For the purpose of carrying into effect
the provisions of this section the following form shall be used as an
attachment, viz. :
To A. B.
Take notice that this is to attach any debt that is now due
or may become due to C. D., a delinquent in his poll (or property)
tax for the year one thousand nine hundred and , and you
are hereby summoned to appear before E. F., an acting justice
of the peace for County, and disclose any indebtedness
which is or may be due said delinquent by you during the present
calendar year, and to show cause why .iudgment should not be
rendered against you for said delinquent tax and costs of this
proceeding day of 190
A. B., Sheriff, or Tax Collector.
Fee of sheriff and
justice.
For serving notice the sheriff shall receive twenty-five cents,
and if judgment is rendered the justice shall receive twenty-five
cents as costs.
I
1909 — Chapter 440. 695
Sec. 12. Commissioners to appoint hoard of list takers and as-
sessors; shall assess property at its true value in money;
.■iliall elect secretary and chairman.
The board of commissioners of each couuty shall, at their session Appomtment^of
held iu the month of April, one thousand nine hundred and seven, assessors.
and every fourth year thereafter, appoint three discreet free-
holders in each township, each of whom shall have been a resident
and a freeholder in said township for not less than twelve months,
who shall be known as the board of list takers and assessors,
and who shall list and assess the real and personal property iu said
township for taxation. The board of list takers and assessors Valuation of
T)roTD6rtv
shall ascertain the true value iu money of all personal property
and every tract or parcel of land or other real estate, with the
improvements thereon, and assess the same in accordance with Assessment in
^ . , -, , 11 i accordance with
said valuation. Said board of list takers and assessors shall meet valuation.
at some place in their respective townships, on or before the ^^^sessor^s jo^meet
first Monday in May, and elect one of their members chairman and
one of their members secretary. The person elected secretary of Secretary to be
list) t Silver
the board shall be list taker and shall receive the lists of all per-
sons subject to taxation. He shall perform all the clerical work clerical work.
required of the board of list takers and assessors. The board is Board to
hereby authorized and empowered to administer oaths in all cases admunster oaths.
necessary to obtain full and correct information concerning any
taxable real and personal property in their respective townships,
so as to secure a proper assessment of said property. The assess- Assessment to
ment. when made, shall be in force for four years, or until altered, ^ontmue m force
as provided by this act, by reason of structure improved, erected
or destroyed.
Sec. 13. Real property to he assessed at its true value in money.
Real property shall be valued by the assessors, either from actual Real property to
view or from the best information that the assessors can prac- accord"ing to true
tically obtain, according to its true value in money. In determin- Ba^"i^ of valuation.
ing the value the assessors shall consider, as to each piece, its
advantage or disadvantage of location, quality of soil, quantity
of standing timber, water privileges, mines, minerals, quarries or
other valuable deposits known to be available therein, and their
value.
Sec. 14. All articles of personal property to he assessed at their
true value in money.
All articles of personal property shall, as far as practicable, be Personal property
, , , , -, . X 0.1 • i 1 • valued according
valued by the assessors accordmg to their true value m money ; to true value in
and after arriving at the total valuation of all articles of personal rnon^y.
property which they shall be able to discover as belonging to any
person, if they have sufficient evidence upon which to form a belief Suspected con-
that such person has other personal property, consisting of money, reported to county
credits, debts due or to become due, or any other thing of value commissioners.
696
1909— Chapter 440.
Market value and
true value defined
Advertisement
for listing.
liable to taxation, they shall report the fact to the board of county
commissioners, who shall have power to take such action as may
be necessary to get said property on the tax list.
Sec. Uyi. Defininy "market value," or "true value."
The intent and purpose of the tax laws of this State is to have
all property and subjects of taxation fairly assessed at their true
value in money, in such manner as such property and subjects
are usually sold, but not by forced sale thereof, and the words
"market value," or "true value," whenever in the tax laws, shall
be held and deemed to mean what the property and subjects would
bring at cash sale when sold in such manner as such property and
subjects are usually sold.
Sec. 15. Board of assessors shall advertise in five places.
Each township board of list takers and assessors shall advertise
in five or more public places in the township, immediately after
their appointment, notifying all taxpayers to return to the list
takers all the real and personal property which each taxpayer
shall own on the first day of June, requiring said returns to be
made to the list takers during the month of June, under the pains
Places and times, ^iid penalties imposed by law, and naming the places and times
at which they will be present to receive tax lists : Provided, in
cities and towns of five thousand inhabitants or more the said
board of list takers and assessors may proceed, from and after the
first Monday in May, to assess real estate and personal property,
but the actual listing thereof shall not begin until the first day of
June, and said list takers or assessors shall receive for their serv-
ices such compensation as may be allowed them by the board of
county commissioners.
Sec 16. Tax commissioners to prepare instructions for assessors
and listers.
It shall be the duty of the tax commissioners, at least thirty
days previous to the date fixed for listing taxes, to prepare a
pamphlet for the instruction of tax assessors. Said pamphlet shall,
in as plain terms as possible, explain the proper working of the
tax laws of the State, and shall call particular attention to any
points in the administration of the laws which have seemed to be
overlooked or neglected. They shall advise the assessors of the
practical working of the laws and explain any points which seem
to be intricate and upon which assessors may differ. Copies of
said pamphlet shall be sent to the register of deeds of each county,
whose duty it shall be to see that each assessor and tax lister is
furnished with a copy.
Proviso: assess
ments in cities
and towns.
Pay of list takers
and assessors.
Tax commis-
sioners to prepare
instructions.
Points for par-
ticular attention.
Advisement and
explanation.
Distribution of
instructions.
Returns of
assessments under
oath.
Sec. 17. Oath of tax listers and assessors.
The board of list takers and assessors shall make a complete
return of their assessments, embracing an abstract of the taxable
1909 — CiiAPTEK 440.
in-ooerty of their respective townships, to the board of county
:risiioners, on or before the second Monday in ^^^ ^
the following affidavit, subscribed and sworn to befoie a justice
of the peace, who shall certify the same : Township Form of oath.
"We the list takers and assessors ot xo\Mibu i ,
to the'best of'our knowledge and belief, all the real and personal
nro erty muired by law to be assessed in said township, and
ha "4 haTassessed every tract or parcel of land or otlaer -.1
f:! ^sonal property at its true value in m..ey, -^ ^- -
deavored to do equal justice to the pubhc and to the taxpajeis
Trf entering upon the discharge of the duties of their office, ^^^^^^
thfy Shall also U.ke and subscribe the following oath before the auaUfy.
chairm-m of the board of county commissioners for then^ respective
counties, or some officer qualihed to administer oaths :
uT ., list taker (or assessor) of I .
^,,:,; of County, do solemnly swear (or affirm) that
I will discharge the duties devolving upon me as list taker (or
Llelr) according to the laws in force governing said office: so
help me. God."
Sec is. Board of equalization.
"f^ual zation the returns of the list takers and the assessors.
^irboard shall equalize the valuation so that ^^^^^ Z^^'^^
lot or article of personal property shall be entered on the tax list
It it nie value in money, and for this purpose they shall observe
the fc^lowing rules: (1) They shall raise the valuation o s^ch Increase^of
tracts or lots of property or articles of personal property mcludnig
stocks bonds and shares in all incorporated companies except
uct;s are specifically exempt by law, as in their oP in. on have
been returned below their true value, to such price or sum as they
m" b . ie"1o be the true value thereof. (2) They shall reduce Ke^cuon of
the valuation of such tracts and lots or articles of personal prop-
erty as in their opinion have been returned above their true value
IS com mid wih the average valuation of real and personal
;:opert;, including sto^s, ^^^^ ^^ ^ ^ , ^^^^ H MaUe. fo. eo.
comnanies of such county. In regaid to leai piopeii;y, i j sideration m
re'due regard to the relative situation, ^-^^f ^J/^ ;7;;;:;;--!r
ments. natural and artificial advantages possessed by each tract oi
lot.
698
1909— Chapter 4-iO.
Sec. 19. Compensation of list takers and assessors.
Compensation of The board of county commissioners shall allow each list taker
list takers and
assessors. Jmd assessor such compensation as said board shall deem just
and proper for each day actually engaged in the performance of
Per diem of board his duties. Said board of county commissioners shall also allow
o equa iza ion. ^.^^.j^ member of the board of equalization .such per diem for the
number of days actually engaged in the performance of his duties
as the said board of commissioners shall deem just and proper,
Mileage. and in addition thereto mileage at the rate of five cents for
each mile necessarily traveled in attending the meetings of the
board of equalization. The per diem and mileage as provided in
this section shall be paid by the county.
Per diem and
mileage paid by
county.
List takers and
assessors to file
sworn accounts.
Lists, schedules,
statements and
books to be tiled
before payment.
Not entitled to
pay but on com-
pliance with law.
County com-
missioners to
judge of days
necessary.
List takers in
years when no
assessment made.
Proviso: list
takers in cities
and towns.
Compensation of
list takers.
Correction of
values for
improvement or
destruction.
List takers to
advertise.
Sec. 20. List takers and assessors to make out their accounts;
■when entitled to compensation.
List talvers and assessors shall make out their accounts in detail,
giving the date of each day when they shall ha^-e been employed,
which account they shall verify under oath. They shall not be
entitled to compensation until they shall have filed 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 up. The list takers and assessors
shall not be entitled to pay unless they have performed the labor
and made return in strict compliance with the law. 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 deem necessary.
Sec. 21. The said board of county commissioners shall, annually,
at their session in the month of April, except in the year when
there shall be an assessment of property, appoint one competent
person in each township to list the lands therein at the valuation
previously assessed on the same and all personal propertj' in said
township : Provided, said board of county commissioners may ap-
point a list taker for the purposes mentioned in this section for
each ward in any city or town in their respective counties. Said
board of commissioners shall allow the list takers such compen-
sation for their services as the board may deem just and proper,
and the same shall be paid by the county treasurer. Every such
list taker shall correct any parcel of real property on which any
structure of over one hundred dollars value 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; 22. Township list takers.
Each township list taker appointed under the authority of this
act shall advertise in five or more public places within the town-
ship, immediately after his appointment, notifying all taxpayers to
;L909— Chapter 440. ^^^
return to him all real and personal ^-^l^ ^ ^^^^ ,,, ,, , «,, „,
shall own on the first of June, and said letuius snaii oe mau ^^^^^^^^
Tie list taker during the month of June, under the pams .nc . ...ed dunn.
penalties imposed by law, and naming the times and place, at
which he will be present to receive tax lists.
Sec 23. How to list property.
Every person owning property is required to list and shall make Owne^Vf-^^le^, .^j
out si4 and deliver to the list taker a statement, verified by his property.
oath" of all the real and personal property, moneys, credits, in-
vestments in bonds, stocks, joint-stock companies, annuities oi
IthemSe and the value of improvements on real estate since
sfme ^s assessed, in his possession or under his control on the P^perty held^as^
first day of June, either as owner or ^^'^^ ^'^'f^'Z^ felSd!" '^
guardian, trustee, executor, executrix, administrator admmis tia
?r^x receiver, accounting officer, partner, agent, factor or othei-
wT; P"."^e., that whenever personal property has been con^ r.c.v.so:p^^pe^^
veyed in trust and the trustee resides out of the State, but the nonrejdent
Irustor resides within the State, then and in that case such prop- t-aee.
Irt; chnll be listed for taxation in this State by said trustor
.•herfthe pro^ is situated. In all cases where a .-aixlian, pace^Ost.^^^
executor or executrix, administrator or administratrix resides m gduciaries.
a citv or incorporated town, all personal property in the hands
of such guardian, executor or executrix, administra or or ad-
ministratrix shall be listed for taxation only where their wards
"esided on the first day of June and where the deceased^persons
resided on the date of their death, unless such wards or deceased
persons were nonresidents of the State on the first day of June
or at the day of death, in which case the guardian, executor or
executrix administrator or administratrix shall list the property
X'he or She resides on the first day of June : Froviaea furtUer. j^-- pe.ona.
that when personal property is held in trust for another by any ,,,stjist^^
person firm or corporation in this State, whether as guaidian. ^^^^^. ^^^ ^^^.^^
trustee or otherwise, and the cestui que trust is a resident of the
State, then the same shall be listed for taxation in the county and
township where the cestui que trust lived on the first day of June;
and if the cestui que trust lived in a county in the State other than
the county of the trustee, guardian or other person so holding
said property, then the property so held in trust may be listed for
taxation by forwarding a list thereof, verified by oath, to the
re-ister of deeds of the county wherein the cestui que trust lived
on^ho first day of June, and such register shall enter the same
on the tax lists of the township in which the cestui que trust
ou lui- U..V iioio ^, . , ,,, i,oi/i in fvntst <;hall eive the Bank stock held
lived; and banks listing their stock held in trust snau S^^*^ "-"^^ }„ trust,
countv in which the cestui que trust lives and shall forward to
the register of deeds of that county the names of cestuis que trust
living therein, with the number of shares held by each, and then-
taxable value, to the end that they may be entered for school.
700
1909— Chapter 440.
Guardian exempt
from municipal
tax on property
of nonresiflent
ward.
Evasion of tax a
misdemeanor.
county uiid municipal taxation. The guardian shall be exempt
from municipal taxation on the personal property of his ward
when the ward resides outside of the corporate limits of the
city or town. Any person who, to evade the payment of taxes,
surrenders or exchanges certificates of deposit in any bank in
this State or elsewhere for uontaxpaying securities, or surrenders
any taxable property for nontaxable property, and after the date
of listing property has passed takes said certificates or other
taxable property back and gives up said nontaxpaying securities
or property, shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than fifty nor more than two hundred dollars
(one-half of which shall go to the informer) or imprisoned not
less than one month nor more than six months, or both.
Sec. 24. Who may list throuyh agents.
The list shall be given by the person charged, during the mouth
of June, as herein prescribed : Provided, that agents for the pur-
pose of listing property may be appointed by females or nonresi-
dents of the township where the property is situate, or by persons
physically unable to attend and file their list at any time during
the month of June. The property of a corporation shall be given
in by the president, cashier, treasurer or other person appointed
for that purpose.
Sec. 25. Where to list real estate, timber, mineral and quarry
lands.
All real property subject to taxation shall be listed in the town-
ship in which said property is situated 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 artificial, and the right to any
minerals, quarry or timber therein is in another or others, the
same shall be valued and listed, agreeable to such ownership,
in separate entries specifying the interest listed, and shall be taxed
to the parties owning the different interests, respectively. In list-
ing mineral, quarry or timber interests the. owner thereof shall
describe the same in his list, together with the separate value
of each separate tract or parcel of land in or on which the safiie
shall be situated or located, and the list taker shall be particular
to enter the same on the tax list according to the returns. An
owner of separate timber interests shall list the same, whether the
timber shall be attached to or detached from the soil.
Sec. 26. Where polls and personal property shall he listed.
Polls and personal All taxable polls and all personal property shall be listed in the
where owner township in which the person so charged resides on the first day
Exc^^tions ^^ June, subject to the following exceptions :
Shares of stock. (1) Such shares of stock as are directed to be listed otherwise
by this act.
Punishment.
One-half fine to
informant.
List to be given
by person
charged.
Proviso: agents
for listing
property.
Returns of cor-
g orations made
y officers.
Property listed
where situated.
Interests listed
separately.
Mineral, quarry or
timber interest.s to
be described.
Timber interests.
1909 — Chapter 440. 701
(2) All goods and chattels situated in some township, town or Goods and
city other than that where the owner resides shall be listed in the of stol-age! ^ ^'^^
township, town or city where situated, and not elsewhere, if the
owner or person having control thereof hires or occupies a store.
mill, dockyard, pilinggrouud, place for sale of property, shop, of-
fice, mine, farm, place of storage, manufactory or warehouse
therein for use in connection with such goods and chattels : Pro- Proviso: farm
Tided, that all farm products, while owned by the raiser or pro- ^^° "*^'^"
ducer, shall be listed where raised, and that all manufactured Goods consigned
^ , , -, , or stored outside
goods consigned or stored out of the State shall be listed where of state.
the owner resides. The residence of a person who has two or Residence defined.
more places in which he occasionally dwells shall be that in which
he dwells for the longest period of time during the year preceding
the first day of June. The place where the principal office in this Residence of
State is situated shall be deemed the residence of the corporation ;
but if there be no principal office in the State, then such property
shall be listed and taxed at any place in the State where the
corporation transacts business. For the purpose of assessing prop- Copartnership
erty and collecting taxes, a copartnership shall be treated as an narne'of ^rm!
individual, and property shall be listed in the name of the firm. A Residence of
copartnership.
copartnership shall be deemed to reside in the township, town or
city where its business is principally carried on. Each partner Liability sole for
shall be liable for the whole tax. Any taxpayer who fails to list f-liiurJ^t'j) hsf '^^
anv personal property or poll liable to taxation in this State shall personal property
" "^ ^ '^ - ' or poll a misde-
be guilty of a misdemeanor. meanor.
Sec. 27. Debts oicing hy taxpayer may he deducted.
At the time and place appointed by the list taker, the taxpayer Taxpayer to file
in person, except as otherwise provided, shall attend and file with ^^^^"
the list taker, on a blank to be prepared and furnished by the Blanks prepared
State Auditor, a statement of all the property of every kind and ^ ^"
description owned by the taxpayer, and also a statement of his statement of
income subject to taxation under the laws of this State. All Deductions
J)ona fide indebtedness owing by any person may be deducted by cre°dTt!s'^ ^'^""^
the tax lister from the amount of said person's credits, and in-
surance companies may deduct from solvent credits due to them
an amount erjual to their reinsurance reserve.
Sec. 28. Penalty for not IMinr/ personal property.
Any person, firm or corporation in this State owning or holding Penalty for false
personal property of any nature or description, individually or statement.
as agent, trustee, guardian, administrator, executor, assignee or
receiver, which property is subject to assessment, who shall in-
tentionally make a false statement to the assessor of his assess-
ment district, or to the board of equalization thereof, for the
purpose of avoiding the payment of the just and proportionate
taxes thereon, shall forfeit the sum of ten dollars for every hun-
dred dollars or major fraction thereof so withheld from the knowl-
"02
1909— CiiAPTEK 440.
Investigation by edge of such assessor or board of equalization. It is hereby made
sheriff on com- , x ^ i, , . .. .
plaint. a duty of the sheriff of any county, upon complaint made to him
by any taxpayer of the assessment district in which it is alleged
that property has been so withheld from the knowledge of the
assessor or board of equalization or not included in the said state-
ment, to investigate the case forthwith and bring an action in the
Superior Court in the name of the State against the person so
complained of. All forfeitures collected under the provisions of
this section shall be paid into the county treasury.
Sec. 29. Tax lister shall administer oath.
It shall be the duty of the tax listers of the several counties
of the State, before receiving the returns of any taxpayer, to
actually administer the oath required by law of taxpayers, the
oath being read by the taxpayer in the presence and in the hearing
of the lister, or by the lister in the hearing and presence of the
taxpayer; and for failure of said tax lister to so administer said
oath, except in those cases where by law said oath may be made
before some other person, such lister shall be guilty of a misde-
meanor, and upon conviction shall be punished by imprisonment of
not less than ten days nor more than six months, and in addition
shall forfeit the sum of ten dollars for each such omission, one-
half to go to the person furnishing information sufficient to con-
vict and one-half to the educational fund of the State, said amounts
to be deducted from the compensation of such tax lister.
Sec. 30. Oath of taxpayer.
Taxpayer to swear The taxpayer shall swear to the truth of the statement rendered
Form of oatli. by him, 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 of my property and
income, and that the amount claimed to be deducted from said
list is a true statement of such debts as, to the best of my
knowledge and belief, I am entitled to have deducted from said
list : so help me, God."
Action to be
brought.
Penalties paid
into county
treasury.
Duty of tax lister
to actually
administer oath.
Failure to
administer oath a
misdemeanor.
Punishment.
Penalty.
One-half penalty
to informant.
Property held in
fiduciary capacity
or in right of a
married woman
listed separately.
Liability of sheriff
for failure to
report false
return.
Fraud to be
reported to grand
jury.
List to state all
property.
Age stated with
reference to poll
tax.
Sec. 31. Property held in trust listed separately.
Property held in trust or as agent, guardian, executor or execu-
trix, administrator or administratrix, or in the right of a feme
covert, shall be returnable on a separate list. The sheriff or other
tax collector in any county shall be liable to suit on his official
bond for failure to report any false return of property mentioned
in this section which he may discover or which may 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.
Sec. 32. What shall be specified on tax list.
The list shall state all the property of the taxpayer, and
also the age of the party, if a male, with reference to his liability
1909— Chapter 440. 703
to a poll tax. The list shall also contain, as of the first day of
June: (1) The quantity of land owned in the township, and the Quantity and
- . ,,,,•.,,, •^- -^ , ^1 • ■ 1 description of
laud shall be described by name, it it has one ; otherwise, in such i^nd.
a way that it may be identified. (2) The number of horses, mules. Number and kind
jacks and jennets, in one column ; goats, cattle, hogs and sheep. ° ^^® ^^°^ '•
in another column. (3) Farming utensils, tools of mechanics. Farming utensils,
household and kitchen furniture, provisions, firearms, libraries provisions,' fire^-'
and scientific instruments, specifying the articles separately. (4) arms libraries and
'- •' ° i ./ scientific instru-
Money on hand. (5) The amount of credits, including accrued ments.
interest uncollected owing to the party, whether by a person in cred!ts.°" ^^^ '
or out of the State, whether owing by mortgage, bond, note, bill
of exchange, certificate, check, open account or due and payable.
whether owing by any State or government, county, city, town
or township, individual, company or corporation ; the value of Farm products or
cotton, tobacco or other property in the hands of the commission hinds 'oTagerUs'.^
merchants or agents in or out of the State. If any credit be Credits given at
not regarded as entirely solvent, it should be given in at its cur- ^""^"^ value.
rent or market value, and the party may deduct from the amount Deductions.
of his credits owing to him the amount of collectible debts owing
by him as principal debtor. (6) Any certificate of deposit in any Bank deposits.
bank, whether in or out of the State. (7) Money investments. Money invest-
stocks and bonds and shares of stock in incorporated companies bcmds.' '^ °^ ^ ^"
which are not taxed through the corporation itself. (8) All All other personal
other personal property whatever, including all cotton, in seed p™p® -^'•
or lint ; tobacco, either in leaf or manufactured ; turpentine, rosin.
tiir. brandy, whiskey, musical instruments, bicycles, goods, wares
and merchandise of all kinds, plated and silver ware and the
watches and jewelry possessed by the party of any minor or
<-hild. {'.)) The income of the party for the twelve months next Income.
preceding the first day of June in the current year, if over one
thousand dollars. (10) If the party be a nonresident of the If party nonresi-
county and owns land therein, the list shall state his address address and name
and maj' name an agent in the county to whom notice may be ^^sent.
given respecting his taxes. (11) If any person shall, with a view Unlisted credits
to evade the payiuent of taxes, fail or refuse to give in to the actio^°^'®''^^^^ ^^
assessor or tax lister any bonds, notes, claims or other evidences
of debt which are subject to as.sessment 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
Ijeen listed and the tax paid thereon. (12) The auditor is author- Separate heading
ized to provide a separate heading in tax-listing sheets for listing boats'ancl other
all seines, nets, boats and other fishing apparatus. fishing apparatus.
Sec. 33. Bank taxation.
The taxes Imposed for State purposes upon the shares of stock Taxes on bank
in any bank, banking association or savings institution (whether cashief'to state
State or national) in this State shall be paid by the cashier of ^'■'^^^■^^ '"'''■•
such bank, banking association or savings institution directly to
704
1909— Chapter 440.
Action for enforce-
ment of payment.
Action tried at
return term.
Proviso: time of
filing complaint.
Precedence of
action.
County and school
tax of resident
stockholders.
County, school
and municipal tax
of nonresident
stockholders.
Deduction of tax
from dividends.
Determination of
value.
Banks to list real
estate.
Shares listed with
corporation com-
mission.
List at market or
actual value.
Value of property
listed to be
deducted.
Ascertainment of
actual value.
Deduction of
insolvent debts.
Examination by
corporation com-
mission.
the State Treasurer within thirty clays after the first day of July
of each year, ami upon failure to pay the State Treasurer as afore-
said he shall institute an action against the bank, banking as-
sociation or savings institution to enforce the same in the countj'
of Wake or in the county in which the bank, banking association
or savings institution is located, which action shall be prosecuted
in the name of the State of North Carolina on the relation of the
Treasurer of the State and which shall be tried at the return
term of the court : Provided the complaint is filed ten days before
the first day of such term, and shall have precedence over all
other actions. The board of commissioners of the county in which
such banks, banking associations or savings institutions are located
shall assess against the value of shares of residents in that county
the tax imposed for school and county purposes, which shall be
paid to the sheriff of that county, and shall assess against the
value of shares held by nonresidents of this State in such bank,
banking association or savings institution located in that county
the said tax imposed for school, county and municipal purposes ;
and the said bank is authorized and empowered to deduct such
tax from the dividends of said nonresident stockholders. The
value of such shares shall be determined as is hereinafter in this
section provided. Every bank, banking association or savings
institution (whether State or national) shall list its real estate
in the county, city or town in which such real estate is located,
for the purposes of State, county and municipal taxation. Every
such bank, banking association or savings institution shall, during
the month of June, list annually with the Corporation Commission,
in the name and for its shareholders, all the shares of its capital
stock, whether held by residents or nonresidents, at its market
value on the first day of June, or, if it have no market value, then
at its actual value on that day, from which marlcet or actual
value shall be deducted the assessed value of the real and per-
sonal property which such bank, banking association or savings
institution shall have listed for taxation in the county or counties
wherein such real and personal estate is located. The actual
value of such shares, where such shares have no market value,
shall be ascertained by adding together the capital stock, surplus
and undivided profits and deducting therefrom the amount of
real and personal property owned by said institution on which it
pays tax and dividing the net amount by the number of shares
in said institution. Insolvent debts due said institution may be
deducted from the items of undivided profits or surplus, if itemized
and sworn to, and forwarded to the Corporation Commission by the
cashier of such institution. If the Corporation Commission shall
have reason to believe that the market or actual value as given in
is not its true value, it shall ascertain such true value by such
examination and investigation as to it seems proper, and change
the value as given in to such an amount as it ascertains the true
1909— Chaptek 440. . T05
value to be. which action on the part of the Corporation Commis- Review^of^ction
sion may be reviewed by the Superior Court by an action brought
against the Corporation Commission in its official capacity by the
party aggrieved. But no action shall lie until all taxes admitted ^o action^tojie
by such aggrieved party to be due shall have been paid or tendered, or tendered.
In listing the shares for State taxation, such bank, banking as- Sworn "st^s^of
sociation or savings institution shall file with the Corporation Com-
mission of the State a statement showing the name and residence
of each shareholder, the number of shares held by each and the tax-
able value of such shares as fixed by the provisions of this act.
which statement shall be in writing and subscribed and sworn
to by the president, cashier or some other officer of the bank.
For the purpose of aiding the county commissioners and other L^st^s^ofshar^e-
municipal officers in enforcing the law as to the listing of bank furnished to
shares by the individual shareholders for the purpose of county, ^°"" •^'■
school and municipal taxation, it shall be the duty of every
bank, banking association or savings institution (whether State
or national) to furnish to the board of county commissioners of
each county wherein any of its shareholders reside a statement
showing the names of all its shareholders resident in such county,
with the number of shares owned by each, and the taxable value
of such shares, ascertained from the statement hereinbefore re-
quired to be made by such bank, banking association or savings
institution to the Corporation Commission of the State. It shall Son to certify
also be the duty of the Corporation Commission to certify to the sharelioWers to
board of county commissioners of each county wherein any of
said shareholders reside a statement showing the names of all
the shareholders resident in such county, with the number of shares
owned by each, and the value of such shares as ascertained by
the statement hereinbefore required to be made by such bank,
banking association or savings institution to the Corporation
Commission of the State; and it shall thereupon be the duty of Shares l^ted^to^r^^
the chairman and clerk of the said board of county commissioners municipal taxes.
to list said shares of stock, with the assessed value thereon, for
the purposes of county, school or municipal taxation; and the tax ComPV'J|fo^^«^
lister for the city or town shall compute the municijial taxes
thereon: Provided, that no city or town shall assess any bank ProviscK value^^
stock at a valuation different from that affixed by the Corporation tion commission.
Commission. The residents of this State who are shareholders in K'j^l^l;"^",^^^!?,^ "
any bank, banking association or savings institution (whether stock wliere
State or national) shall list their respective shares in the county, r««' ^"*-
city or town, precinct or village where they reside, for the pur-
poses of county, school or municipal taxation. The shares of non- Sh^^^^^ of non-^
residents of this State who are shareholders in any bank, bank- listed wiiere bank
ing association or savings institution (whether State or national) is located,
located in this State shall be listed in the county, city, town,
precinct or village in which such bank, banking association or
savings institution is located, for the purposes of county, school
Pub.— 45
706
1909— Chapter 440.
All shares to be and municipal taxation. All shares, whether owned by residents
'^ ^ ■ or nonresidents, shall be listed at the time prescribed for listing
Powers of officers taxes. The county commissioners, list takers and other county
for enforcement ^ • ■ i ^ , i. . ., , .. ^i.
of listing. and municipal offacers shall have the same power to entorce the
listing of shares of stock in any such bank, banking association
or savings institution, whether held by residents or nonresidents,
as they have for enforcing the listing of other personal property.
Rate of bank tax. The taxation of shares of any such bank, banking association or
savings institution shall not be at a greater rate than is assessed
upon other moneyed capital in the hands of individual citizens
of this State, whether such taxation is for State, county, school
or municipal purposes.
Corporations to
report to corpora-
tion commission.
Report to state:
Authorized
capital.
Authorized num-
ber of shares.
Number of shares
issued.
Par value.
Amount paid on
each share.
Amount paid in.
Amount on which
dividend was
declared.
Date of each
dividend.
Amount of each
dividend.
Highest sale price
between 1st and
15th of May.
Highest sale price
for year.
Average sale
price for year.
Sworn statement
and appraisal of
value of stock.
Sec. 34. Reports from corporations.
Hereafter, except in the case of such corporations as are espe-
cially mentioned by name in other sections of this or the Revenue
Act and required to make statements in other forms, it shall be
the duty of the president, chairman or treasurer of every corpora-
tion having capital stock, every joint-stock association or limited
partnership whatsoever, now or hereafter organized or incorpo-
rated by or under any law of this State, to make a report, in
writing, to the Corporation Commission on or before the first day
of July of each year, stating specifically :
First. Total authorized capital stock.
Second. Total authorized number of shares.
Third. Number of shares of stock issued.
Fourth. Par value of each share.
Fifth. Amount paid into the treasury on each share.
Sixth. Amount of capital stock paid in.
Seventh. Amount of capital on which dividend was declared.
Eighth. Date of each dividend during said year ending with the
first day of June.
Ninth. Amount of each dividend during the year ending with
the first Monday in said month.
Tenth. Highest price of sales of stock between the first and
fifteenth days of May; highest price of sales of stock during the
year aforesaid ; average price of sales of stock during the year.
And in said report one of the following-named officers of such
corporation, limited partnership or joint-stock association, namely,
the president, chairman, secretary or treasurer, after being duly
sworn or affirmed to do and perform the same with fidelity and
according to the best of his knowledge and belief, shall estimate
and appraise the capital stock of said company at its actual value
in cash on the first day of June, after deducting therefrom the
assessed value of all real and personal estate upon which the cor-
poration pays tax. as indicated or measured by the amount of
profit made, either declared in dividends or carried into surplus
or sinking fund ; and when the same shall have been so truly esti-
1909— Chaptek 440. 707
mated aud appraised tliev shall forthwith forward to the Corpora- Certiticate for-
,-, . . j..i- . ^, I. • J , £ warded to cor-
tiou Commission a certificate thereof, accompanied by a copy of pqration com-
their said oath or affirmation, signed by them and attested by a mission.
magistrate or other person duly qualified to administer the same :
Provided, that if the Corporation Commission or either of them Proviso: valuation
is not satisfied with the appraisement and valuation so made and comm^sion!°'^
returned, they are hereby authorized and empowered to make
a valuation thereof, based upon the facts contained in the report
herein required or upon any information within their possession,
and to settle an account on the valuation so made by them for Settlement of
taxes, penalties and interest due the State thereon, of which such va^uation.'^
settlement immediate notice shall be given to such corporation by Notice of settle-
ment,
said Corporation Commission, with the right to the company Right of appeal.
dissatisfied with any settlement so made against it to appeal to the
Superior Court in term time of the county in which such company
has its principal place of business in this State, and thence to the
Supreme Court of this State; but "before such company shall be Exceptions filed.
allowed to exercise their right of appeal it shall, within twenty
days after notice of such settlement, file with the Corporation
Commission exceptions to the particulars to which it objects, and
the grounds thereof, and said Corporation Commission shall hear Corporation com-
. , , . ^^ J. T , ^- £ u I • • 1 mission to hear
said exceptions, after ten days notice ot such hearing given by exceptions.
said Corporation Commission to said company ; and if they shall Exceptions
overrule any one of said exceptions, then such company, if it ^
desires to appeal to said Superior Court, shall within ten days Notice of appeal.
thereafter give notice to said Corporation Commission of such ap-
peal to said Superior Court, and the Corporation Commission shall Record on appeal,
thereupon transmit to said Superior Court a record of said settle-
ment, with the exceptions of the company thereto, and all decisions
thereon and all papers and evidence considered in making said
decision. The said cause shall be placed on the civil docket of Cause to be
said Superior Court and shall have precedence of all other civil have preference.
acti(»ns and shall be tried under the same rules and regulations as
are prescribed for the trial of other civil causes. The cause shall Entitlement of
be entitled State of North Carolina on the relation of Corporation
Commission against such company. Either party may appeal to Appeal to
the Supreme Court from the judgment of the Superior Court,
under the same rules and regulations as are prescribed by law for
other appeals, except that the State of North Carolina, if it shall
appeal, shall not be required to give an undertaking or make any
deposit to secure the costs of such appeal; and the Supreme Advancement of
Court may advance the cause on their docket so as to give the ^^^^^ °" °^ ®*"
same a speedy hearing ; and in the event of the neglect or refusal Valuation by cor-
„ ,, ~ . , . • • i i , • i- poration commis-
of the ofiicers of any corporation, company. 30int-stock association sion on neslect or
or limited partnership for a period of sixty days to make the re- Ig^jl^^tl^on^ ^°'^'
port' and appraisement to the Corporation Commission as hei'ein
provided, it shall be the duty of the Corporation Commission to
708
1909— Chapter 440.
Right of appeal.
Corporations
liable to tax oa
capital relieved
from other taxes.
Record book.
estimate a valuation of tlae capital stock of sucti defaulting cor-
poration, company, joint-stock association or limited partnership,
and settle an account for taxes, penalty and interest thereon, from
which settlement an appeal may be made to the Superior Court
of the county in which the corporation has its principal place
of business. Corporations, limited partnerships or joint-stock
associations liable to tax on capital stock shall not be required to
make any report or pay any further State tax on the mortgages,
bonds, other securities and credits owned by them in their own
Reports not made right. The Corporation Commission is forbidden to divulge or make
^^ "^' public any report of a corporation required to be made to it by
this section. The Corporation Commission shall prepare and keep
a record book, upon which it shall enter a corporate list of all
the corporations and banks which it has assessed for taxation, and
said record shall show the assessed valuation placed upon same
by it.
Sec. 35. Tax on huUding and loan associationft.
The secretary of each building and loan association organized
and conducting business in this State shall list for taxation with
the Corporation Commission 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. They shall deduct
from such valuation the actual shares upon which said association
has made loans and which have been pledged to such association
as security therefor. But it is expressly provided that the secre-
tary of each association shall show in detail, or by series on the
tax list, the actual value of all shares, and also the actual value
of shares upon which loans have been made and which have been
pledged to the association as security therefor. The secretary 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 col-
lector of such county in which such association is located the
county and school tax. by the fifteenth day of September of each
year. No other tax or assessment shall be charged or levied on
said association or the shares therein.
Sec. 36. No exceptions as to foreign corporations.
Nothing in this act shall be construed to exempt from taxation
Shares to be listed
with corporation
commission at
actual value.
Deductions.
Actual value to
be shown.
Secretary to pay
tax on shares.
No other tax to
be charged.
Property of
foreign corpora- , ., , , ^ .^ ^ ..,.<-,,,, ,
tions not 'it its real value any property situate m this State belongin
exempted. ^^^j foreign corporations.
to
Sec. 37. Corporation Commission to make certificate to register of
deeds.
Certificate of The Corporation Commission shall, on or before August fifteenth,
registers of deeds, certify to the register of deeds of the county in which such cor-
poration, joint-stock association, limited partnership or company
whatsoever has its principal ofiice or place of business the total
1909— Chapter 440. 709
value of the stock of such corporatiou, joiut-stock association.
limited partuership or company whatsoever, as assessed for State
taxation. The corporation, joint-stock association, limited partner- County township
ship or company whatsoever shall pay the county, township, town taxe™"""^'^^^
or city taxes upon the valuation so certified by the Corporation
Commission.
Sec. 38. Penalty for failure to furnish reports.
If the said officers of any such limited partnership, joint-stock Penalty for failure
association or corporation shall neglect or refuse to furnish the
Corporation Commission, on or before the thirty-first day of July
of each and every year, with the report and appraisement of
capital stock as aforesaid, as required by the thirty-fourth section
of this act, they shall be subject to a fine of fifty dollars, and it Five per cent
shall be the duty of the Corporation Commission to add five per ^ ® ^° *^^-
centum to the tax of said limited partnership, joint-stock associa-
tion or corporation for each and every year for which said report
and appraisement were not furnished, which percentage shall be
settled and collected with the said tax in the usual manner of
settling and collecting such taxes. If the officers of any such Continued failure
,. ., , , v.- ■ • X J. 1 • X- J.- ^ misdemeanor,
limited partuership, joint-stock association or corporation, or any
of them, shall intentionally fail to comply with the thirty-fourth
section of this act for three successive years, he or they shall be
deemed guilty of a misdemeanor, and on conviction thereof shall Punishment.
be sentenced to pay a fine of five hundred dollars and undergo
imprisonment not exceeding one year, or both, or either, at the
discretion of the court.
Sec. 39. Foreign 'building and loan associations.
All foreign building and loan associations doing business in this Stock held by
State shall list for taxation with the Corporation Commission, foreign associa-
through its agent, its stock held by citizens of this State in the '''°"*-
county, city or town where the owners of said stock reside. In Withidrawal value
listing said stock for taxation the withdrawal value as fixed by the "™'^ ^ '
by-laws of each company shall be furnished by the list taker, and Basis of valuation,
the stock shall be valued for taxation as other money investments
of citizens of this State. Any association or officer of said asso- Association barred
elation doing business in this State who shall fail or refuse to so ^°^ failure to list.
list shares owned by citizens of this State for taxation shall be
barred from doing lousiness in this State ; and any local officer or Local officers
person who shall collect dues, assessments, premiums, fines or b^us'iness' guilty of
interest from any citizen of this State for any such association misdemeanor.
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 Punishment,
to fine or imprisonment, or both, in the discretion of the court. All Tax paid by
of said taxes shall be paid by the association listing said stock.
'10
1909— Chapter 440.
Telegraph com-
pany defined.
Sworn statements
to be filed.
Total capital.
Number of shares
outstanding and
par value.
Principal office.
Market value.
Actual value if no
market value.
Propertj- subject
to local taxation,
with location and
assessed value.
Real estate out-
side of state.
Mortgages on
property of com-
pany.
Length of lines.
Length of lines
outside of state.
Length of lines in
state by counties
and townships.
Sec. 40. Telegraph companies.
Every joint-stock association, company, copartnership or corpora-
tion, whether incorporated under the laws of this State or any
other State or of any foreign nation, engaged in transmitting to,
from, through, in or across the State of North Carolina telegraph
messages shall be deemed and held to be a telegraph company ; and
every such telegraph company shall, annually, between the first
day of June and the twentieth day of June, make out and deliver
to the Board of Corporation Commissioners of this State a state-
ment, verified by oath of the officer or agent of such company
juaking such statement, with reference to the thirty-first day of
May next preceding, showing :
First. The total capital stock of such association, company,
copartnership or corporation.
Second. The number of shares of capital stock issued and out-
standing, and the par value of each share.
Third. Its principal place of business.
Fourth. The market value of said shares of stock on the thirty-
first day of May next preceding ; and if such shares have no market
value, then the actual value thereof.
Fifth. The real estate, structures, machinery, fixtures and appli-
ances owned by said association, company, copartnership or cor-
poration 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 estate, together with the permanent im-
provements thereon, owned by such association, company, copart-
nership or corporation situated outside the State of North Carolina
and not directly used in the conduct of the business, with a specific
description 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 mortgages upon the whole or any part of its prop-
erty, together with the dates and amounts thereof.
Eighth. («) The total length of the lines of said association or
company; (b) the total length of such 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.
Telephone com-
panies to file
sworn statement.
Sec. 41. Telephone companies.
Every telephone company doing business in this State, whether
incorporated under the laws of this State or any other State or of
any foreign nation, shall. annuallJ^ between the first day of June
and the twentieth day of June, make out and deliver to the Cor-
poration Commission of this State a statement, verified by the
1909 — Chapter 440. 711
oath of the officer or ngeut of such company making such state-
ment, with reference to the thirty-first day of May next preceding,
showing :
First. The total capital stock of such association, company. Total capital.
copartnership or corporation invested in the operation of such
telephone business.
Second. The number of shares of capital stock Issued and out- Number of shares
, ,. , , outstanding and
standmg, and the par or face value ot each share. par value.
Third. Its principal place of business. Principal office.
Fourth. The market value of said shares of stock on the thirty- Market value, and
first day of March next preceding; and if such shares have no actuarValifeof
market value, then the actual value thereof. .shares.
Fifth. The real estate, structures, machinery, fixtures and ap- Property subject
, , . -, . j_. J. , ■ to local taxation,
phances owned by said association, company, copartnership or with location and
corporation and subject to local taxation within the State, and '^^l"^-
the location and assessed value thereof in each county where the
same is assessed for local taxation.
Sixth. The specific i*eal estate, together with the permanent im- Real property
. ^, , , , ... outside of state.
provements thereon, owned by such association, company, co-
partnership or corporation situated outside the State of North
Carolina and not used directly in the conduct of the business.
with a specific description 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 mortgages upon the whole or any of its property, Mortgages on
together with the dates and amounts thereof. pany.
Eighth. («) The total length of the lines of said association or Totallength of
company ; (h) the total length of so much of their lines as is out- mfl^ge outside of
side the State of North Carolina; (c) the length of the lines |t^,''*^- ....
within each of the counties and townships within the State of state by counties
TV' ii, /^ 1- and townships.
jSorth Carolina.
Sec. 42. Express companies.
Every joint-stock association, company, copartnership or cor- Express com-
poration, incorporated or acting under the laws of this State or ^^'"^^ defined.
any other State or any foreign nation, engaged in carrying to,
from, through, in or across this State, or any part thereof, money,
packages, 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
to be an express company within the meaning of this act; and Sworn statements
every such express company shall, aiuiually, between the first day
of June and the twentieth day of June, make out and deliver to the
Corporation Commission of this State a statement, verified by the
oath of the officer or agent of such association, company, copartner-
ship or corporation malving such statement, with reference to the
thirty-first day of May next preceding, showing :
712 1909— Chapter 440.
Total capital. First. The total capital stock or capital of said associatiou,
copartnership or corporation.
Number of shares Second. The number of shares of capital stock issued and out-
outstanding and ,. T T ., c 1 ^ r. I.
par value. Standing and the par or face value of each share ; and in case
Division of capital no shares of capital stock are issued, in what manner the capital
issued. ^^'^^ stock thereof is divided and in what manner such holdings are
evidenced.
Principal office. Third. Its principal place of business.
Market value, and Fourth. The market value of said shares of stock on the thirty-
if no market, *• j. j £ ^t j. j- -, -^ i . i
actual value. f^^'st day of May next preceding ; and it such shares have no
Value of capital if market value, then the actual value thereof; and in case no shares
no shares issued. ^^^ ^^^^^ ^^^^^ ^^^^ 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.
Property subject F'ifth. The real estate, structures, machinery, fixtures and ap-
to local taxation, ,. i i ^t. -^ • x- j. i ■
with location and pliauces owned by the said association, company, copartnership
'^^^^*^- or corporation and subject to local taxation within the State of
North Carolina, and the location and assessed value thereof in
each county where the same is assessed for local taxation.
Property outside Sixth. The specific real estate, together with the improvements
^'^ ® ^ ^- thereon, owned by the association, company, copartnership or cor-
poration situated outside the State of North Carolina and not used
directly in the conduct of the business, with a specitic description
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.
Mortgages on Seventh. All mortgages upon the whole or any part of its prop-
pany\^ ^ erty, together with the dates and amounts thereof.
Total mileage Eighth, (a) Total length of the line or routes over which such
use y company. jjggQciation, company, copartnership or corporation transports such
Mileage outside merchandise, freight or express matter; (&) the total length of
this state. such lines or routes as are outside the State of North Carolina ;
Mileage within the (c) the length of such lines or routes within each of the counties
fnd^townswps.'^^ o^* townships within the State of North Carolina.
Sec. 43. Sleeping-car companies.
Sleeping-car com- Every joint-stock association, company, copartnership or cor-
pames e ne . poration incorporated or acting under the laws of this or any
other State or of any foreign nation and conveying to, from,
through, in or across this State, or any part thereof, passengers
or travelers in palace cars, drawing-room cars, sleeping cars,
dining cars or chair cars, under any contract, expressed or im-
plied, with any railroad company or the managers, lessees, agents
or receivers thereof, shall be deemed and held to be a sleeping-car
company for the purpose of this act, and shall hereinafter be called
"sleeping-car company" ; and every such sleeping-car company
doing business in this State shall, annually, between the first day
of June and the twentieth day of June, make out and deliver to
1909— Chapter 440. 713
the Board of Corporation Commissiouers of this State a statement, Sworn statement
verified bj" the oath of the officer or agent of such company mak-
ing such statement, with reference to the thirty-first day of May
next preceding, showing :
First. The total capital stock of such sleeping-car company in- Total cap^gil.
vested in its sleeping-car business.
Second. The number of shares of such capital stock devoted to Number of shares
the sleeping-car business issued and outstanding, and the par or ^" ^^^ ^^ ^^'
face value of each share.
Third. Under the laws of what State it is incorporated. In what state
Fourth. Its principal place of business. Principaf^office
Fifth. The names and post-office addresses of its president and Name and address
secretary. • secretary.
Sixth. The actual cash value of the shares of such capital stock Value of shares.
devoted to its sleeping-car business on the thirty-first day of May
next preceding such report.
Seventh. The real estate, structures, machinery, fixtures and Property subject
,. ,, .,,. ji.j.j.to local taxation,
appliances owned by said sleeping-car company and sub.iect to with location and
local taxation within this State, and the location and assessed value.
value thereof in each county within this State where the same is
assessed for local taxation.
Eighth. All mortgages upon the whole or any part of its prop- Mortgages on
erty, and the amounts thereof devoted to its sleeping-car business, company .°^
Ninth, (a) The total length of the main lines of railroad over Total mileage
which cars are run; (ft) the total length of so much of the main MUeage used out-
lines of railroad over which the said cars are run outside of ^i^^ °^ state.
the State of North Carolina; (c) the length of the lines of railroad Mileage within
over which said cars are run within the State of North Carolina ; ^ '^ ^•
Provided, that where the railroads over which said cars run have Proviso: double-
double tracks or a greater number of tracks than a single track ^'^^^^ roads,
the statement shall only give the mileage as though such tracks
were but single tracks ; and in case it shall be required, such state- Statement in
ment shall show in detail the number of miles of each or any required.^^'^
particular railroad or system within this State. When the assess- Notice to com-
ment shall have been made by the Corporation Commission in f^^^^ °^ assess-
accordance with section forty-eight of this act, the clerk of the
commission shall thereupon notify by registered letter the officer
attesting such report of the amount assessed against it, and such Time for filing
sleeping-car company shall have thirty days within which to ap- ° J^^tions.
pear and make objection, if any it shall have, to said assessment.
If no objections be made within said thirty days, the amount shall
be credited to the State Treasurer, who shall thereupon send by Bill for state
registered letter to the officer attesting such report a bill for the *^^^^-
State taxes upon said assessment, and such sleeping-car company Time for payment,
shall have thirty days within which to pay said taxes; and the Assessments
clerk of the Corporation Commission shall certify to the county countiei ^°
commissioners of the several counties through which such cars are
Vl'l
1909 — Chapter 440.
used the value of the property of such sleeping-car company within
such county in the proportion that the number of miles of rail-
road 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 assess-
ment shall have been made in such county the sheriff or county
tax collector shall send to the address given by the clerk of the
Corporation Commission to the county commissioners by registered
mail a bill for the total amount of all taxes due to such county,
and such sherifE or county tax collector shall add to such tax bills
Time for payment, the postage and registration fee, and such sleeping-car company
shall have sixty days thereafter within w^hich to pay said taxes;
Penalty for failure and upon failure of and refusal to do so, such taxes shall be col-
to pay.
lected the same as other delinquent taxes are, together with a
penalty of fifty per cent added thereto, and costs of collection.
County assess-
ments.
Bill for county
taxes.
Refrigerator and
freight car com-
panies taxed as
sleeping-car com-
panies.
Proviso; assess-
ment where cars
not leased.
Street railway
companies and
companies exer-
cising right of
eminent domain.
Sworn statement
to be made.
Sec. 44. Refrigerator and freight car companies.
Every firm, person 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 man-
ner as hereinbefore provided for the taxation of sleeping-car com-
panies, and the collection of the tax thereon shall be followed in
assessing and collecting the tax on the refrigerator and freight
cars taxed under this section: Provided, if it appear that the
owner does not lease the cars to any railroad company or make
any contract to furnish it with cars, but they are furnished to be
run indiscriminately over any lines on which shippers or railroad
companies may desire to send them, and the owner receives com-
pensation from each road over which the cars run, the Board of
Corporation Commissioners shall ascertain and assess the value
of the average number of cars which are in use within the State
as a part of the necessary equipment of any railroad company for
the year ending May the thirty-first next preceding, and the tax
shall be computed upon this assessment.
Sec. 45. Every street railway company, waterworks company,
electric light and power company, gas company, ferry company,
bridge company, canal company and other corporations exercising
the right of eminent domain shall, annually, between the first and
twentieth of June, make out and deliver to the Board of Cor-
poration Commissioners of this State a statement, verified by the
oath of the officer or agent of such company making such state-
ment, with reference to the thirty-first day of May next preceding,
showing :
1909— Chaptek 440. 715
First. The total capital stock of such associatiou. compauy, Total capital.
copartnership or corporation.
Second. The number of shares of capital stock issued and out- iNumber of shares
s, J.I. £ 1^11 ^^^ P^'i" value,
standing, and the par or face value of each share.
Third. Its principal place of business. Principal office.
Fourth. The market value of said shares of stock on the thirty- Value of s^hares.
first day of March next preceding ; and if sucli shares have no
market value, then the actual value thereof.
Fifth. The real estate, structures, machinery, fixtures and ap- Property subject
,,.,.,. J. , . to local taxation,
pliances owned by said association, company, copartnership or cor- with location and
poration and subject to local taxation within the State, and the "^'^lue.
location and assessed value thereof in each county where the same
is assessed for local taxation.
Sixth. The specific real estate, together with the permanent im- Property outside
provements thereon, owned by such association, company, copart-
nership or corporation situate outside of the State of North Caro-
lina and not directly used in the conduct of the business, with a
specific description of each such piece, where located, the purpose
for which the same is used and the sum at which the same is as-
sessed for taxation in the locality where situate.
Seventh. All mortgages upon the whole or any part of its prop- Mortgages on
erty, together with the dates and amounts thereof. pany.
Eighth, (a) The total length of the lines of said association or Total mileage.
compauy; (6) the total length of so much of their lines as Is out- Mileage outside of
side of the State of North Carolina; (c) the length of the lines lifig^ge witliin
within each of the counties and townships within the State of state by counties
'■ and townships.
North Carolina.
Sec 4G. Board of Corporation Commissioners may require addi-
tional information.
Upon the filing of the statements required in the preceding sec- Corporation com-
tions the Board of Corporation Commissioners shall examine them require other and
and each of them ; and if the commissioners shall deem the same further state-
ments,
insufficient, or in case they shall deem that other information is
requisite, they shall require such officer to make such other and
further .'Jtateinents as said commissioners may call for. In case Forfeit for failure
of the failure or refusal of any association, company, copartner- °^ ^^ ^^^ '
ship or corporation to make out and deliver to the Board of Cor-
poration Commissioners any statement or statements required by
this act, such association, company, copartnership or corporation
shall forfeit and pay to the State of North Carolina one hundred
dollars (.$100) for each additional day such report is delayed be-
yond the twentieth day of .Tune, to be sued for and recovered in
any proper form of action in the nnnie of the State of North Caro-
lina on the relation of the Corporation Connnission, and such pen-
alty, when collected, shall be paid into the general fund of the
State.
16
1909— Chapter 440.
Corporation com-
mission to value
and assess
property.
Powers of cor-
poration com-
mission.
Corporation com-
mission to ascer-
tain values.
Metliod of
ascertainment.
Proviso: amount
of mortgages
added.
Local assessments
as guide to value.
Proportionate
value.
Sec. 47. Corporation Commission shall examine statements.
The Corporation Commissiouers shall thereupon value and assess
the property of each association, company, copartnership or corpo-
ration in the manner hereinafter set forth, after examining such
statements and after ascertaining the value of such properties
therefrom, and upon such other information as they may have or
obtain. For that purpose they may require the agents or officers
of said association, company, copartnership or corporation to ap-
pear 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 necessary to enable them to ascertain the true cash
value of such property.
Sec. 48. Manner of assessincnt.
Said Corporation Commission shall first ascertain the true cash
value of the entire property owned by the said association, com-
pany, copartnership or corporation from said statements or other-
wise for that purpose, taking the aggregate value of all the shares
of capital stock, in case shares have a market value, and in case
they have none, taking the actual value thereof or of the capital
of said association, company, copartnership or corporation in what-
ever manner the same is divided, in case no shares of capital
stock have been issued : Provided, hmverer, that in case the whole
or any portion of the property of such association, company, co-
partnership or corporation shall be encumbered by a mortgage or
mortgages, such board shall ascertain the true cash value of such
property by adding to the market value of the aggregate shares
of stock or to the value of the capital. In case there should be
no such shares, the aggregate amounts of such mortgage or mort-
gages 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 Corporation Commissioners shall,
for the purpose of ascertaining the true cash value of the property
within the State of North Carolina, next ascertain from such
statements or otherwise the assessed value for taxation, in the
localities where the same is situated, of the several pieces of real
estate situated within the State of North Carolina and not spe-
cifically used in the general business of such associations, com-
panies, copartnerships or corporations, which said assessed value
for taxation shall be by said board deducted from the gross value
of the property as above ascertained. Said State Board of Cor-
poration Commissioners shall next ascertain and assess the true
cash value of the property of the associations, companies, copart-
nerships or corporations within the State of North Carolina by tak-
ing as a guide, as far as practicable, the proportion of the whole
aggregate value of said associations, companies, copartnerships or
1909— Chapter 440. 7l7
corix»rations as above ascertained, after deducting the assessed
value of such real estate without the State which the length of
lines of said associations, companies, copartnerships or corpora-
tions, in the case of telegraph and telephone companies within Telegraph and
the State of North Carolina, bears to the total length thereof, and Mnies°"^ *^°'"'
in the case of express companies and sleeping-car companies the Express and
'^ '■ 1 ^ i sleepnig-car
proportion shall be the proportion of the whole aggregate value, companies.
after such deduction, which the length of the lines or routes^
within the State of North Carolina bears to the whole length of
lines or routes of such associations, companies, copartnerships or
corporations, and such amount so ascertained shall be deemed and
held as the entire value of the property of said associations, com-
panies, copartnerships or corporations within the State of North
Carolina. The Corporation Commission shall also assess the value Corporation com-
for taxation of all real estate, structures, machinery and appli- ^operty *sub|ect
ances of telegraph and telephone companies within the State sub- *° ^^^^^ taxation,
ject to local taxation, and this assessment, together with the fran- Assessments
chise value, shall be certified by the commission to the counties focanl'^s'^^
and municipalities where located on basis of wire mileage in such
county or town in which such property is situated. From the en- Property subject
tire value of the property within the State so ascertained there ^gj^cted^from'"
shall be deducted by the commissioners the assessed value for total value,
taxation of all real estate, structures, machinery and appliances
within the State and subject to local taxation in the counties as
hereinbefore described in sections forty, forty-one, forty-two, forty-
three, forty-four and forty-five 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. 40. Value per mile.
Said Corporation Commission shall thereupon ascertain the Assessment of
value per mile of the property within the State by dividing the '^^^"^ ^^^ ™''^'
total value as above ascertained, after deducting the specific prop- Method of assess-
erties locally assessed within the State by the number of miles ™^"''
within the State, and the result shall be deemed and held as value
per mile of the property of such association, company, copartner-
ship or corporation within the State of North Carolina.
Sec. 50. Total value of each county.
Said Corporation Commission shall thereupon, for the purpose Assessment
of determining what amount shall be assessed by it to said asso- countfis."^^ ^°
elation, company, copartnership or corporation in each county in
the State, through, acro.ss and into or over which the line of said
association, company, copartnership or corporation extends, mul-
tiply the value per mile, as above ascertained, by the number of
718
1909— Chapter 440.
Valuation certi-
fied to county
commissioners.
State taxes to be
paid to treasurer.
Actions for
enforcement of
payment on
failure or refusal.
Penalty.
Where suit may
be brought.
Actions for part or
all of tax.
Attorney-general
may unite actions.
County taxes
credited to
county.
Penalties to use
of state.
miles in eiicli such counties as reported in said statements or as
otherwise ascertained, and the I'esult thereof shall be by the clerk
of said board certified 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-
I>any, copartnership or corporation extends. All taxes due the
State from any corporation taxed under the preceding sections,
except the tax paid for school purposes, shall be paid by the treas-
urer of each company direct to the State Treasurer.
Sec. 51. Companies failing to pay tax.
In case any such association, company, copartnership or corpo-
ration as named in this act shall fail or refuse to pay any taxes
assessed against it in any county in this State, in addition to
other remedies provided by law for the collection of taxes, an
action may be prosecuted in the name of the State of North Caro-
lina by the solicitors of the different judicial districts of the State
on the relation of the county commissioners of the different coun-
ties of this State, and the judgment in the said action shall in-
clude a penalty of fifty per cent of the amount of taxes as assessed
and unpaid, together with reasonable attorneys' fees for the re-
duction of such action, which action may be prosecuted in any
county into, through, over or across which the line or routes of
any association, company, copartnership or corporation shall ex-
tend, or in any county where such association, company, copart-
nership or corporation shall have an ofiice or agent for the trans-
action of business. In case such association, company, copartner-
ship or corporation shall have refused to pay the whole of the
taxes assessed against the same by the Corporation Commission,
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 unpaid in any county or
counties ; but the Attorney-General may, at his option, unite in
one action the entire amount of the tax due, or may bring sepa-
rate actions to each separate county or adjoining counties, as he
may prefer. All collections of taxes for or on account of any par-
ticular county made in any such suit or suits shall be by said
board accounted for as a credit to the respective counties for or
on account of which such collections were made by the said board
at the next ensuing settlement with such county, but the penalty
so collected shall be credited to the general fund of the State ; and
upon such settlement being made, the treasurers of the several
counties shall at their next settlements enter credits upon the
proper duplicates in their ofiices, and at the next settlement with
such county report the amount so received by him in his settle-
ment with the State, and proper entries shall be made with refer-
1909 — Chapter 440. 719
ence thereto : Provided, that in any such action the amount of P^mi^^^^^^f ^ss;.
assessment fixed bv said Corporation Commission and apportioned tionment not to
',,,,,,, be controverted.
to such county shall not be controverted.
Sec. 52. Railroads.
The commissioners selected from time to time under authority Corporation com-
J.UC v,uiiiijj mission appraisers
to establish the North Carolina Corporation Commission shall con- ^nd assessors for
stitute a board of appraisers and assessors for railroad, canal and ^,^*ji,^°^,^ie^3^d «*^«'
steamboat companies and other companies exercising the right of
eminent domain.
Sec. 53. Raiiroads.
The president, secretary, superintendent or other principal ac- Swom returns to
counting officers, within this State, of every railroad, telegraph, ^ ™^ '^•
telephone, street railway company, whether incorporated by the
laws of this State or not, shall, at such dates as real estate is re-
quired to be assessed for taxation, return to the said commission
for assessment and taxation, verified by the oath or affirmation of
the officer making the return, all the following-described property
belonging to such corporation within this State, viz. : The num- Prop^tj to be
ber of miles of such railroad lines in each county in this State
and the total number of miles in this State, including the roadbed,
right of way and superstructures thereon, main and side tracks,
depot buildings and depot grounds, section and tool houses and
the land upon which situated and necessary to their use; water
stations and land, coal chutes and land, and real estate and per-
sonal property of every character necessary for the construction
and successful operation of such railroad or used in the daily
<;i)i»ration. whether situated on the charter right of way of the
railroad or on additional land acquired for this purpose, except
as provided below, including, also, if desired by the Corporation
Commission, Pullman or sleeping cars or refrigerator cars owned
hy them or operated over their lines: Provided, hoicever, that '^^^ Js™/(|'°^,,P,^°P«'"*y
machine and repair shops, general o^ce buildings, storehouses located,
and contents located outside of the right of way, and also real
and personal property, other than the property as returned above
to the Corporation Commission, shall be listed for purposes of
t.ixation by the principal officers or agents of such companies
with the list takers of the county where the real and personal
property may be situated, in the manner provided by law for the
listing and valuation of real and personal property. A list of J^^^J,«^^|[lj^'*J;j„.
such property shall be filed by such company with the Corporation mission.
Commission. It shall be the duty of the register of deeds, if re- Certificate fr^om^
([nested so to do by the Corporation Commission, to certify and
send to the said commission a statement giving a description of
the property mentioned in the foregoing proviso, and showing the
assessed valuation thereof, which value shall be deducted from the
total value of the property of such railroad company as arrived
T20
1909— Chapter 440.
Certificate of
county tax rate.
Certificate of
municipal tax
rate.
Rolling stock
defined.
Inventory of
rolling stock.
Amiount of capital
and number of
shares.
Paid-up capital.
Value of shares.
Mileage in each
county and state.
Assessed value of
tangible property.
Other informa-
tion.
Instructions and
forms.
Valuation of
tangible property.
Method of
valuation.
Valuation of
franchise.
Mode of valua-
tion.
at by the commission, in accordance with section fiftj'-five, before
the apportionment is made to the counties and municipalities.
The registers of deeds shall also certify to the commission the
local rate of taxation for county purposes as soon as the same
shall be determined, and such other information obtained in the
course of the performance of the duties of their office as the said
commission shall require of them; and the mayor of each city or
town shall cause to be sent to the said commission the local rate
of taxation for municipal purposes.
Sec. 54. Railroads.
The movable property belonging to a railroad company shall
be denominated for the purposes of taxation "rolling stock."
Every person, company or corporation owning, constructing or oper-
ating a railroad in this State shall, in the month of June, annu-
ally, return a list or schedule to the Corporation Commission,
which shall contain a correct detailed inventory of all the rolling
stock belonging to such company, and which shall distinctly set
forth the number of locomotives of all classes, passenger cars of
all classes, sleeping cars and dining cars, express cars, horse
cars, cattle cars, coal cars, platform cars, wrecking cars, pay ears,
hand cars and all other kinds of cars, and the value thereof, and
a statement or schedule, as follows: (1) the 'amount of capital
stock authorized and the number of shares into which such capi-
tal-is divided; (2) the amount of capital stock paid up; (."!) the
market value, or, if no market value, then the actual value of
shares of stock; (4) the length of line operated in each county
and total in the State; (5) the total assessed value of all tangible
property in the State; (6) and, if desired, all the information
heretofore required to be annually reported by section five thou-
sand two hundred and ninety-one of the Revisal. Such schedule
shall be made in conformity to such instructions and forms as
may be prescribed by the commission, and with reference to
amounts and values on th^ first day of June of the year of which
the return is made.
Sec. 55. Tangible and intangiNe property assessed separately.
(a) At such dates as real estate is required to be assessed for
taxation, the said commission shall first determine the value of
the tangible property of each division or branch of such railroad,
of rolling stock and all other physical or tangible property. This
value shall be determined by a due consideration of the actual
cost of replacing the property, with a just allowance for deprecia-
tion on rolling stock, and also of other conditions, to be consid-
ered as in the case of private property.
(6) They shall then assess the value of the franchise, which
shall be determined by due consideration of the gross earnings
as compared with the operating expenses, and particularly by
1909 — Chapter 440. 721
c-oiisitleration of the value placed upou the wliole property by the
public (the value of the physical property being deducted), as
evideiicetl by the market value of all capital stock, certificates of
indebtedness, bonds or any other securities, the value of which
is based upon the earning capacity of the property.
(c) The aggregate value of the physical or tangible property Value for taxa-
and the franchise as thus determined shall be the true value of '°"'
the property for the purpose of an ad valorem taxation, 'and shall Apportionment
be apportioned in the same proportion that the length of such' ^^ '^^"
road in each county bears to the entire length of such division
or branch thereof ; and the Corporation Commission shall certify. Certificate to
on or before the fifteenth day of August, to the chairman of the '^°""'''6==-
county commissioners and the mayor of each city or Incorporated
town the amount apportioned to his county, city or town ; and Certificate to
the said commission shall make and forward a like certificate to
the Auditor of the State. All taxes due the State from any rail- State taxes paid
road company, except the tax imposed for school purposes, shall
be paid by the treasurer of each company directly to the State
Treasurer within thirty days after the first day of July of each
year ; and upon failure to pay the State Treasurer as aforesaid, Action to enforce
he shall institute an action to enforce the same in the county of - ^"^ •
Wake or any other county in which such railroad is located, add- Penalty.
ing thereto twenty-five per centum of the tax. The board of Taxes assessed by
counties.
county commissioners 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.
Sec. 56. Railroads.
When any railroad has part of its road in this State and part Proportionate
^ , , . , assessment of
thereof in any other State, the said commission shall ascertain railroad partly
the value of railroad ti-ack, rolling stock and all other property '^"^^''^^ the state.
liable to assessment by the Corporation Commission of such com-
pany as provided in the next preceding section, and divide it in
the proportion to the length such main line of road in this State
bears to the whole length of such main line of road, and determine
the value in this State accordingly. On or after the first Monday Hearing to
in July, the said commission shall give a hearing to all the com- '^°™p^"'^^-
panies interested touching the valuation and assessment of their
property. The said commission ma v. if thev see fit, require all Argument and
^ , . . ■ ■ communications
argument and communications to be presented in writing. in writing.
Sec ~)7. Railroads.
If the property of any railroad company be leased or operated Taxes on leased
by any other corporation, foreign or domestic, the property of
the lessor or company whose property is operated shall be subject
to taxation in the manner hei-einbefore directed; and if the lessee Other property of
or operating company, being a foreign corporation, be the owner ' ^ j-
Pub,
722 1909— Chaptek 440.
or possessor of auy property in this State other than which it
derives from the lessor or company whose property is operated,
it shall be assessed in respect to such property in lilje manner as
any domestic railroad company.
Sec. 58. Railroads.
Power to summon The Corporation Commission shall have power to summon and
witnesseTand examine witnesses and require that books and papers shall be
require production ^^resented to them for the purpose of obtaining such information
of books and
papers. as may be necessary to aid m determining the valuation of auy
Refusal to attend railroad company. Any president, secretary, receiver or accounting
books ^an'd'papers offi^i^r, servant or agent of any railroad or steamboat company
or to answer having any portion of its property or roadway in this State who
misdemeanor. Shall refuse to attend before the said commission 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 commission, or order, touching the business or
property, moneys and credits, and the value thereof, of said rail-
Punisliment. road company, shall be guilty of a misdemeanor, and on convic-
tion thereof before any court of competent jurisdiction shall be
confined in the jail of the county not exceeding thirty days and
shall be fined in any sum not exceeding five hundred dollars and
Punishment for costs ; and any president, secretary, accounting otBcer, servant or
contempt. agent aforesaid, so refusing as aforesaid shall be deemed guilty
of contempt of such commission, and may be confined, by order of
said commission, in the jail of the proper county until he shall com-
ply with such order and pay the cost of his imprisonment.
Sec. 59. Canal and steatriboat companies.
Canal anef steam- The property of all canal and steamboat companies in this State
asB^e'ssTd"as^raLf- shall be assessed for taxation as above provided for railroads. In
roads. case any officer fails to return the property as provided in this
Assessment on
failure of officer to section, the commission shall ascertain the length of such property
file returns. .^ ^j^.^ g^^^j.^^ j^j^^j shall assess the same in proportion to length at
the highest rate at which property of that kind is assessed by them.
Sec. 60. Private hanks and bankers.
Banks, bankers, Every bank (not incorporated), banker, broker or stock jobber
jobbers to file ""^^ shall, at the time fixed by this chapter for listing personal prop-
sworn statements, erty, make out and furnish the assessor a sworn statement, show-
Amount of ing (1) the amount of property on hand and in transit; (2) the
an,cffn\^ansit.'^'^ amount of funds in the hands of other banks, bankers or brokers
^b°^"\oVraft^^ ^^^ subject to draft; (3) the amount of checks or other cash items.
Checks and other the amount thereof not being included in either of the preceding
Bills re^cefvable items; (4) the amount of bills receivable, discounted or purchased,
and other credits. ^^^ other credits due or to become due, including interest receivable
1909 — Chapter 440. 723
and accrued, but not due, and interest due and unpaid; (5) the Bonds, stocks and
other securities
amount of bonds and stoclvs of every kind, State and county war-
rants, and other municipal securities and shares of capital stock
or joint stock of other companies or corporations held as an in-
vestment or any way representing assets; (6) all other property All other property
appertaining to said business, other than real estate, which real Assessnient of ^^^"
estate shall be listed and assessed as other real estate is listed and real estate,
assessed under this act ; (7) the amount of deposits made with them Deposits made
by other parties; (8) the amount of all accounts payable, other ^cpo^j^fs^payable.
than current deposit accounts; (9) the amount of bonds and other Bonds and otlier
securities exempt by law from taxation, specifying the amount and from tax^. '^^^"^'^^
the kind of each, the same being included in the preceding fifth
item. The aggregate amount of the first, second and third items in Items listed as
said statement shall be listed as moneys. The amount of the sixth ™°^^y®-
item shall be listed the same as other similar personal property
is listed under this chapter. The aggregate amount of the seventh Amounts
and eighth items shall be deducted from the aggregate amount ^ ""^ *" •
of the fourth item of said statement, and the amount of the re- Remainder listed
mainder, if any, shall be listed as credit. The aggregate amount llcurities exempt
of the ninth item shall be deducted by the tax lister from the ag- deducted from
total securities.
gregate amount of the fifth item of such statement, and the re- Remainder listed
mainder shall be listed as bonds or stocks. ^^ ^^^'^^ °'" ^^°°^^-
Sec. 61. Stoclbrokers and private bankers.
No person, bank or corporation shall, without a license author- Acting as stoclv-
ized by law, act as a stockbroker or private banker. Any person, banker wiFliout ^
bank or corporation that deals in coin, foreign or domestic ex- ijf^^ft^^i^^''^^^""
'■ ' " Stockbroker
change, government stocic, or other certificates of debt or shares in defined.
any corporation or chartered company, banknotes or other notes
used as a currency, or to sell the same or any of them on commis-
sion or for other compensation, or who negotiate loans upon real
estate securities, shall be deemed to be a stockbroker. A stock- Rights of
broker shall have the right to buy for profit or to sell on commis- stockbrokers.
sion the coin, exchange, stocivS, certificates of debt, shares in char-
tered companies, banknotes and notes used as currency, as afore-
said, and may sell either privately or by auction, and also negotiate
loans on real-estate securities. Any person, bank or corporation Private bankers
engaged in the business of receiving money on deposit or in lending *i^^'i^"-
or advancing money; or in negotiating loans on any class of se-
curities, or in discounting, buying or selling negotiable or other
paper or credits, commonly known as stockbrokers, whether in an
office for the i)urpose or elsewhere, sliall 1)0 deemed to be a i)rivate
banker, and in the latter case the tax .shall be paid for the .ad- Tax for privilege
ditional privilege of private banking. Any person, bank or cor- Fine for violation
poration violating this section shall pay a fine of not less than one of section.
hundred nor more tlian five thousand dollars for each offense.
724
1909— Chapter 440.
Refusal to answer
questions or to
file, sign and
swear to returns a
misdemeanor.
Punishment.
Assessor or list
taker to prosecute.
Completion of list.
Power to send for
persons and
papers, examine
witnesses and
administer oaths.
Exempted real
estate.
Propert.v of the
United States or
this state.
Property of
counties, cities,
towns or school
districts.
Property used
exclusively for
educational pur-
poses.
Graveyards and
burial lots.
Property of
churches and
religious bodies
used exclusively
for religious wor-
ship or residence
of minister.
Occasional leasing
not to forfeit
exemption.
Property wholly
devoted to educa-
tional purposes.
Property of
religious associa-
tions, asylums,
reformatories,
hospitals and
nunneries.
Sec. 62. Taxpayer refusing to auawer guilty of a misdemeanor;
list taker and chairman hoard of commissioners may ex-
umine witnesses.
If any person liable to be charged with taxes shall willfully re-
fuse to auswer any questions respecting his i»roperty, or refuse to
file, sign and swear to his returns, he shall be guilty of a misde-
meanor and, on conviction, liable to be punished by a fine not ex-
ceeding fifty dollars or imprisoned not exceeding thirty days, or
both ; and it shall be the duty of the assessors or list taker to have
the offender prosecuted ; and the list taker shall complete the list
from the best information he can obtain. Every list taker and
chairman of the board of county commissioners shall have power to
send for persons and papers and to examine witnesses and ad-
minister oaths.
Sec. 63. What property exempt.
The following real estate, and no other, shall be exempt from
taxation. State and local :
(1) Real estate directly or indirectly owned by the United States
or this State, however held, and real estate lawfully owned and
held by counties, cities, towns or school districts, used wholly and
exclusively for public and school purposes, and all property used
exclusively for educational purposes.
(2) Such property as may be set apart for graveyards or burial
lots, except such as is held for the purpose of speculating in the
sale thereof.
(3) Buildings, with the laud they actually occupy, lawfully
owned and held by churches or religious bodies and wholly and
exclusively used for religious worship or for the residence of the
minister of any such church or religious body, together with the
additional adjacent land reasonably necessary for the convenient
use of any such building. The occasional leasing such buildings
for schools, public lectures or concerts or the leasing of such par-
sonages shall not render them liable to taxation.
(4) Buildings, with the land they actually occupy, wholly de-
voted to educational purposes, belonging to and actually and ex-
clusively occupied and used by churches, public libraries, incor-
porated colleges, academies, industrial schools, seminaries or other
corporate institutions of learning, together with such additional
adjacent land owned by said churches, libraries and educational
institutions as may be reasonably necessary for the convenient
use of such buildings, respectively, and also the buildings thereon
used as residences by the officers or instructors of such educational
institutions.
(5) Real estate belonging to and actually and exclusively oc-
cupied and used by young men's Christian associations and other
1909 — Chapter 440. ' -"'
similar religious associations, orphan or other asylums, refornia-
tories. hospitals and nunneries which are not conducted tor proht.
but purely and completely as charities.
(G) Buildings, with the land they actually occupy, belonging ^^PfJ^^^f ^.^^
to anv benevolent or charitable association and used exclusively ch^antable asso-
for lod^e purposes or meeting rooms by such association, together
with such additional adjacent land as may be necessary for the
convenient use of the buildings for such purposes; and '^l«o ^-^^s when^used^
the proceeds and profits arising from rents, leases, etc., or rooms benevolent pur-
in said building, whether occupied for lodge and meeting purposes? ^^-
or not, when such rents, proceeds and profits are used tor char-
itable and benevolent purposes. , , „ . ,
(7) The property of Indians who are not citizens, except lands Propeny^of
held bv them by purchase. citizens
The following personal property, and no other, shall be exempt Exempuons of^^^
from taxation. State and local:
(1) Property directly or indirectly owned by the State, however Pro^erty^owned^^
held; by the Tnited States, or this State, however held; and u,,ited states.
nroperty lawfully owned and held by the counties, cities, towns ^^^l^^-^^l cities.
or school districts, used wholly and exclusively for county, city, t^owns or school
town or public-school purposes. , ^ .^ _
(2) The furniture and furnishings of buildings lawtully ovvned Furn.t^^^^^
and held by churches or religious bodies and wholly and ex- churches^ or for
clusively used for religious worship or for the residence of the ^^..^.^^..^
ministers of any such church or religious body or such ministers-
private libraries. , . ^ t.
(3) The furniture, furnishings, books and instruments contained ^^^^^^l^ ^'^^.^,^^
in buildings wholly devoted to educational purposes, belonging to to^educational
and actually and exclusively used by churches, public libraries,
incorporated colleges, academies, industrial schools, seminaries or
other incorporated institutions which are not corporations having
shares of stock or otherwise owned by individuals or other cor-
porations, and also permanent endowment funds held by such Perm^anent^ ^^^^
libraries or in trust: Provided, that such libraries and educational p oviso.^ .^^^.^^_
institutions are not conducted for profit of any person or persons, ^Jo^g'^ot to be
natural or corporate, directly or under any guise or pretense conducted for
whatsoever. . j. n _* f
(4) Personal property, including endowment funds belonging to P>-operty^of^^^.^_
young men's Christian associations and other similar ^^'^^^'^^^^'
associations, orphan or other asylums, reformatories, hospitals and hospitals and
nunneries which are not conducted for profit, but purely and com- nunner.es.
pletely as charities. ^ .. ,
(5) The furniture and furnishings of buildings and other ProP" Furmtur^e^of
ertv belonging to any benevolent or charitable association and
used for lodge purix)ses and meeting rooms by said associations,
or when such property or the proceeds of same is used for chant-
able or benevolent purposes.
726
1909 — Chapter 440.
Wearing apparel,
libraries, house-
hold and kitchen
furniture.
Growing crops.
Auditor to prepare
forms.
Time for sending
forms.
Delivery to list
takers and
assessors.
Time for return
by list takers.
List of delin-
quents.
Returns open to
inspection.
Copy.
Fee for copy.
List taker to
swear to returns.
Form of oath.
(6) Wearing apparel, private libraries, kitchen and other house-
hold furniture, not exceeding in value twenty-five dollars, and also
growing crops.
Sec. 64. Form for assessing and Ustituj property.
The Auditor of the State shall prepare forms to be used in assess-
ing and listing property for taxation by assessors and list takers.
He shall transmit said forms to the clerk of the board of commis-
sioners of each county by the fifteenth day of May, and the clerks
shall deliver to each board of list takers and assessors the
necessary number of forms for their respective use. The asses-
sors' forms shall be furnished every fourth year and the list
takers' forms annually.
Skc. 65. Lists shall be completed hy the second Monday in July;
shall make a return of polls and property not listed.
The list takers shall, on or before the second Monday in July
in each year, return the tax list to the clerk of the board of county
commissioners. He shall also return a list of taxable polls and
property of the township 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 relates to his property on paying a fee of ten
cents.
Sec. 66. Oaths of list takers.
The list taker, upon making returns to the board of commis-
sioners of the list and statements, sliall take and subscribe an
oath to the effect following, which may be administered by the
chairman of the board of commissioners or any officer authorized
to administer oaths :
"I , list taker of , in the county of
, do solemnly swear (or aflirm) that the value of all
real and personal property, 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 returned as set forth in that statement; that in
every case where by law I have been required to ascertain the
items and value of the real and personal property, moneys, credits,
investments 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 annexed
returns ; that in no case have I knowingly omitted to receive from
any person of whom by law I was required to receive a statement
of the description and value of real and personal property or of
the amount of moneys, credits, investments in bonds, stocks, joint-
1909— Chaptek 440. 727
stock companies or otherwise which he was required to list, or in
auy way counived at any violation or evasion of any of the require-
ments prescrihed by law in relation to the listing or valuation of
property, moneys, credits, investments in bonds, stocks, joint-stock
companies or otherwise, of auy kind of taxation, and that I have
returned to the board of commissioners the original returns made
to me, or which I have made, or which by law I am required to
procure and return."
Anv list taker making a false return, as aforesaid, shall be False return a
. , misdemeanor,
deemed guilty ot a misdemeanor.
Sec. 07. Assessors to furnish list of exempt property.
Each assessor shall, when making the assessment roll for his Lists of exempted
district, enter on the blanks so furnished him, in regular order, P'"°P^'' ^ •
the name of the owner, if known, and, from the best information
he can obtain, a correct description of all real and personal
property then exempt from taxation in his town or assessment
district, together with a statement of its value, for what purpose
used, and the rent, if any, obtained thei'efor. The list of such Return of lists.
exempt property, when completed, on or before the first day of
September, shall be delivered by the assessor to the register of
deeds, who, on or before the first day of November next thereafter,
shall make duplicates thereof and transmit such duplicates to the Duplicates to
,, ,. ,. . . T ^, X, . ■ 1 • I.- ^ corporation
Corporation Commission and file the original m his office. commission.
Sec. 68. Equdlization of values.
The board of commissioners of each county, after notice in one Meeting of county
, , , ,11 J. XI juri commissioners lor
newspaper or by poster put up, shall meet on the second Monday revision of tax
iu July and revise the tax list and valuation reported to them ; ^*^^®-
and it shall be the duty of the register of deeds, without ad- Register of deeds
ditional compensation, to complete the list by computing the tax
payable to each person, affixing the same opposite his name. The Session of
board of commissioners shall sit for one day at least, and when
necessary shall sit until the revision is complete, and shall hear Objections to be
all persons objecting to the valuation of their property or the ^^'^ "
amount of tax charged against them. They shall have power to Power to summon
summon and examine witnesses, and shall correct the list of the wUnes^Taifd
list takers as may be right and just, so that the valuation of correct list.
similar property throughout the country shall be as near uniform
as possible. They shall have power, after notifying the owner Power to raise
or agent, to raise the valuation of such property as they shall '^'^'"'^'^'°n-
deem unreasonably low. The said board of commissioners, on Taxes listed
tendering the prescribed oath, may take the list of any person ap- ^^^^^^ board.
plying to list his taxables at any meeting of the commissioners
held on or before the second Monday in July, upon his paying Fee to clerk.
the clerk twentj'-five cents for recording the same. The board of Ascertainment of
commissioners shall ascertain the valuation of his property by the ^^'"^•
commissioners.
728
1909— Chapter 440.
Addition to tax.
Complaints of
valuation to be
in writing.
Commissioners to
hear evidence.
True account to
be rendered.
Account certified
to auditor.
Credit to sheriff.
Procedure if
<ipplication for
relief is after
sheriff's settle-
ment.
Record and
certificate of
relief.
Copy of record.
Fee.
Copy transmitted
to auditor.
Auditor to issue
warrant.
Treasurer to pay
warrant.
exiiminatiou of witnesses or otherwise, and insert it in the ab-
stract, and without satisfactory excuse they may add to the tax
of the person so allowed to give in five per centum on the rejiular
amount of his tax for that year.
Sec. 69. The taxpayer may complain to hoard of commissioner, s.
If any person shall complain before the board of commissioners
that his property, either real or personal, has been improperly
valued, or that he is charged with an excessive tax, he may be
required to present his claim in writing, and the board of com-
missioners shall hear any evidence adduced by him 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
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. 70. Commissioners may give certificate of relief granted.
If the application for relief be made to the board of commis-
sioners after the sheriff shall have settled the accounts with the
State and county, the board of commissioners shall carefully
examine the case, and, if in their opinion the applicant is entitled
to relief, shall direct the clerk to record on the record book the
cause of complaint, the amount which in the opinion of the board
of commissioners should be refunded to the applicant. The clerk
shall make out a copy of such record, certify the same, under the
seal of the board of commissioners, and deliver it to the ap-
plicant, who shall pay the clerk a fee of twenty-five cents. Such
copy shall be transmitted to the Auditor of the State, who, 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. 71. Sheriff may i-ecover overpayment by error.
If a sheriff or tax collector shall, in conse<iuence 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 charge-
able, and pay the amount so charged in excess to the Treasurer
of the State, the auditor shall, upon the certificate of the board
of commissioners setting forth the nature of such error, give his
Treasurer to pay warrant upon the Treasurer of the State for the amount so paid
warrant. j^ excess, and the treasurer shall pay the same.
Sheriff over-
charged by error
in abstract.
Auditor to issue
warrant.
1
1909 — Chapter 440. 729
Sec. 72. Camniissioners to enter property escaping taxation in pre-
rioiis years.
Ill all cases where the board of commissioners shall have omitted Property entered
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 to duplicate the next succeeding year, to add to the taxes Taxes,
of the current year the simple taxes of each and every preceding
year in which such land or town lots shall have so escaped taxa-
tion, with twenty-five per centum in addition thereto, so far back Additional tax.
as the said lands have escaped taxation ; and the Corporation Corporation com-
Commission shall have like power to list unlisted railroad property, railroad property.
When no assessment has been made for the years in which said Assessment of
, , J X J.- J., 1 1 £ • ■ omitted property.
property has so escaped taxation, the board of commissioners
shall be authorized to value and assess the same for those years :
Provided, this shall not apply beyond five years. In all cases Proviso: limit of
where any personal property, chose in action or any property, ex- personal property
copt land liable to taxation, shall have been omitted or shall be oniitted to be
entered,
omitted in any future year from the tax list by the owner or per-
son required by law to list the same, the board of commissioners Limit of power,
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
such preceding year, not exceeding five years, with twenty-five Additional tax.
per centum added thereto, in which such personal property as
aforesaid shall so have escaped taxation, and the said board of Assessment.
commissioners shall value and assess the personal property afore-
said for those years, and are empowered to examine witnesses and
to call for papers to determine the value and to ascertain the per-
sons liable for the tax upon said personal property. The provisions Powers extended
of this section shall extend and apply to all cities, towns and like *° municipalities,
municipal corporations having the powers under their charter to
tax the property aforesaid, and the jDOwers and duties herein im-
posed upon the board of commissioners of the county shall be ex-
ercised and performed by the board of commissioners or the board
of aldermen, as the case may be, of the city or town or other mu-
nicipal corporation.
Sec. 7.3. The hoard of commissioners shall insert omitted property.
The chairman of the board of commissioners shall examine the Omitted property
tax list from each township for the previous year and insert in
said list the description and valuation of all property not given
in, and shall charge all such persons with double the tax which Dpuble tax for
they would otherwise be chargeable, unless satisfactory excuse
therefor be rendered to the board of commissioners on or before
the first Monday in October; and all persons who own property Willful failure to
and willfully fail to list it within the time allowed before the list mfsle'^mllnor!^
taker or board of commissioners shall be guilty of a misdemeanor,
'30
1909— Chapter 4-1:0.
Punishment.
County com-
missioners to
present delin-
quents.
Changes as to
real estate to be
reported and
noted.
Search for
property not
listed.
Proviso: limit of
cost.
Division of
expense.
Proviso: com-
missioners not to
appoint tax
collector.
Tax lists made
out in duplicate.
Form furnished
by auditor.
Columns in tax
list.
Copy for county
commissioners.
Copy delivered to
sheriff or tax
collector.
Order to collect.
Force and effect
of order.
Appeals noted.
Form of order.
and on conviction thereof shall be fined not more than fifty dollars
or imprisoned not more than thirty days ; and it shall be the duty
of the board of commissioners to present to the grand jury the
names of all such persons. The list taker shall report to the board
of commissioners any change he may make to the tax list as to
real estate, and the said board shall note such change in a book
to be kept for that purpose. It shall be the duty of the commis-
sioners of each county to employ a competent man, whose duty it
shall be to spend such time as the commissioners may deem nec-
essary to make diligent search for property not listed for taxes
and to put such property on the tax books : Provided, the cost of
listing such unlisted property shall not exceed ten per cent of the
revenue so derived, said expense to be divided pro rata between
the State and county : Provided further, that nothing in this sec-
tion shall be construed as authorizing or empowering the county
commissioners to appoint tax collectors.
Sec. 74. Register of deeds to make otit tax duplicates.
The board of county commissioners shall cause the register of
deeds to make out two copies of the tax list for each township,
as revised and settled by the tax lister, according to a form to be
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 amount
of school poll tax levied by the General Assembly and the county
commissioners, and the total amount of property school tax levied
by the General Assembly and the county commissioners. One of
said copies shall remain in the office of the clerk of the board of
commissioners ; the other shall be delivered to the sheriff or tax
collector on or before the first Monday in September in each year,
and he shall receipt for the same. The clerk shall endorse on the
copies given the sheriff an order to collect the taxes therein men-
tioned, and such order shall have the force and effect of a judg-
ment and execution against the real and personal property of the
person charged with such list. In such list the clerk shall note
all appeals from the judgment of the board of commissioners
which have been perfected by the giving of a bond. Said order
shall be in the following or similar form :
State of North Caeouna — County.
Office Board of Commissioners County.
To the Sheriff of County:
You are hereby commanded to collect the taxes herein mentioned
according to the provisions and requirements of the existing law.
In witness whereof. I hereunto set my hand and seal, .... day
of , 190..
Clerk Board of Commissioners.
1909 — Chapter 440. '^^^
The board of commissioners shall make an order for the pay- Co-P|f,f ^6(1°.
ment to the register of deeds of such a sum as may be deemed a
proper compensation for the work of computing the taxes and
making out the tax list and the necessary copies thereof, includ-
ing the making of such abstract and returns as he may be re-
quired to furnish to the corporation Commission and auditor; but Umn of an^ount.
the sum allowed for computing the taxes and making out the tax
li.t ^hall not exceed five (5) cents for each name appearing on the
tax list, to be paid by the county treasurer out of the county
funds.
Sec 75. Agents paying taxes shall have lien.
When property is assessed to any person as agent for another A.ents^charged
or in a representative capacity, such person shall have a lien upon ha^^e^lien on^^^^^
such property or any property of his principal in his possession
until he is indemnified against the payment thereof, or, if he has
paid the tax, until he is reimbursed for such payment.
Sec 76. Register of deeds shall make report to auditor.
The clerk of the board of commissioners shall, on or before the Regte^^^^^^^t^^f,
first Monday in November, after the lists are deposited with him t^o auditor. ^^
by the board of commissioners, return to the auditor an abstract contain.
of the same, showing the number of acres of land and their value,
and the value of town lots, and the number of white and negro
polls separately, and specify every other subject of taxation 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 re- Abs^jacts^o^f^
turn to the auditor an abstract of the list of the poor, county and
school taxes paid in his county, setting forth separately the tax
levied on each poll and on each one hundred dollars value of real
and personal property for each purpose, and also the gross amount
of taxes of every kind levied for county purposes.
Sfc 77 PenaUv for register of deeds failing to make report.
If any register of deeds shall make a default of any of the duties ForfeH on^register
prescribed in the preceding section, or shall fail to deliver to the default.
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 commis-
sioners and the sheriff or tax collector, made, sworn to and sub-
scribed, he shall forfeit and pay to the State one thousand dollars,
to be recovered against him and the sureties of his bond in the Recovery on
Superior Court of Wake County, before the clerk thereof, on mo-
tion of the State Solicitor; and it shall be the duty of the auditor ^udito^^^^^^^ify
to inform the solicitor of such default, and at the same time fur- furnish copy of
nish him with a certified copy of the official bond of said register ^eg^^^^r
of deeds. The clerk of the Superior Court shall transmit to the Cop>e^,o/,b,«J^d^^^^^^^
auditor, on or before the second Monday in October in each year.
732
1909— Chapter 440.
Apportionment of
valuation on
division of
property.
Amendment of
tax lists.
Proviso: amend-
ment not to affect
tax due.
Taxes due first
Monday in
September.
Payment noted on
tax list.
Receipts for taxes.
Failure to give
receipt a misde-
meanor.
Punishment.
Proviso: settle-
ment and bonds
of sheriff.
Receipts of state
and county to be
shown.
Appointment of
tax collector.
Deputies col-
lecting tax to be
sworn.
Oath to be filed.
n certified copy of the official bond of the register of deeds and his
sureties, under the same penalties for default as are prescribed
in this act. The register of deeds shall transmit to the auditor
annually a copy of the bond of the clerk of the Superior Court.
Skc. 78. Property may he divided upon sale.
In case, within the interval between the regular periods of the
valuation of lands or real property, any piece of land or real prop-
erty shall become divided in ownership, either by partition or
sale of a portion thereof or otherwise, either .of the part owners
may at any time, upon five days' notice to the other part owner,
apply to the board of commissioners for an apportionment of
valuation. The board of commissioners shall allow such amend-
ment to the tax duplicate as they may think just, and the person
who has in custody the tax duplicates shall amend the same ac-
cording to the assessment of the board of commissioners on the
production of a certified copy of their proceedings ordering the
change : Provided, that no amendment made after a tax has be-
come due shall operate to affect that tax.
Sec. 79. Taxes due the first Monday in September.
All taxes shall be due on the first Monday in September in each
year. When paid, the sheriff or tax collector shall note on the
tax duplicate against the name .of the party the date of the pay-
ment and the amount paid. He shall also give receipt to the par-
ties, stating the amount of the State and county tax separately,
and the date of payment ; and for the failure to give such receipt,
stating the State and county tax separately, he shall be guilty of
a misdemeanor, and on conviction be fined at the discretion of the
court : Provided, the sheriff or tax collector shall not collect the
taxes for any years until he shall have settled in full with the
State and county for the taxes of the previous 3'ear (if he was
sheriff or tax collector) and give the bond required 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 receiving the tax duplicate, 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 com-
missioners, and in the event the sheriff fails to produce the afore-
said receipts or give the required bond the board of commissioners
shall appoint a tax collector, who shall give bond as required of
the sheriff to faithfully collect and pay over the taxes according
to law. When the sheriff shall collect by his deputies they shall,
before the clerk of the board of commissioners or before a justice
of the peace of the county, take and subscribe an oath faithfully
and honestly to account for the same with a sheriff or other per-
son authorized to receive the same. Said oath shall be filed with
1909— Chaptee 440. 733
the register of deeds and kept in the office of the board of commis-
sioners ; and for failure of any deputy sheriff to pay over such Failure to pay
taxes as he may collect he shall be guilty of a misdemeanor. demeanor.
Sec. so. Sheriff shall attend to receive taxes.
The sheriff or his deputy or tax collector shall attend at the Attendance at
courthouse or his office in the county town during the months of t'axes. °^ ^^^^'^^ '"^
September and November for the purpose of receiving taxes. He Attendance in
shall also in like manner attend at least one day during the mouth °""^ '^^'
of October at some one or more places in each township, of which Advertisement,
fifteen days' notice shall be given by advertisement at three or
more public places and in a newspaper, if one be published in the
county : Provided, that nothing in this section shall be construed Proviso: levy and
to prevent the collecting officer from levying and selling after '
the first day of November, but he shall not sell before that day
unless he has reason to believe the taxpayer is preparing to leave
the county or State. The sheriff or tax collector shall be entitled Fees for levy.
to fifty cents for each actual levy or sale and fifteen cents for each tfsement.^ ^^'^'
advertisement, but in no case shall said sums be collected where
no levy or sale or advertisement is made on real or personal prop-
erty: Provided, that the sheriffs of the counties mentioned in Proviso: time for
chapter one hundred and fifty of the laws of one thousand eight unlei special^law.
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 counties or their Attendance in
regular authorized deputies shall attend one day during the month ^^^.tcIi.
of March, before the fifteenth day of said month, at one or more
places in each township, for the purpose of collecting, the taxes
which still remain unpaid, of which ten days' notice shall be Advertisement,
given by advertisement at three or more public places and in a
newspaper, if one be published in the county. No costs shall Costs and fees.
accrue to or fees be collected by the sheriffs of said counties ex-
cept in cases of actual levy or advertisement and sale of property
as prescribed in this proviso; and no tax due from insolvents shall Insolvents allowed
be credited to the sheriff in the settlements with the auditor ex- missioiferl ^°'^'
cept such as shall be allowed by the board of commissioners, a
list whereof, containing the names and amounts and subscribed Lists of insolvents.
by the sheriff, shall be returned by the sheriff to the board of
r-oramissioners, and the same shall bo allowed only on his making path as to
oath that he has been at the dwelling house or usual place of '"''°'^^'^*s.
abode of each of the taxpayers and could not there or elsewhere in
the county find any property wherewith to discharge his taxes or
such part thereof as is returned unpaid, and tliat the persons con-
tained in the list were insolvent at the time when by law he
<iught to have ondeavoreil to collect the taxes. Such list shall be List to be recorded
recorded in the connnissioners' docket, and a copy thereof shall be auclitor"™^^ '°
returned to the Auditor of the State on or before the dav of the
734
1909— Chapter 440.
settlement of the sheriff with the treasurer. Nothing in this sec-
tion shall be construed to repeal chapter seven of the Public Laws
of the extra session of one thousand nine hundred and eight.
Sec. 801/2. The sheriff of each county, within ninety days after
the ratitication of this act, and every six months thereafter, and
as often as he may be called upon, shall ascertain and furnish to
the Corporation Commission, upon blanks to be furnished by said
commission, a complete list of all subjects in his county liable for
tax under Schedules B and C of the Revenue Act, which said
list shall be duly verified upon the oath of said sheriff, and said
Corporation Commission shall deliver a copy of said return to
the State Auditor. Any sheriff failing to make the report pro-
vided for in this section within thirty days of the time prescribed
shall forfeit and pay to the State the sum of one hundred dollars,
to be recovered on suit instituted by the Treasurer of the State.
Sec. 81. Clerks of cities and towns sliall furnish information.
The clerks of each city and town shall annually make out and
transmit to the Corporation Commission, on blanks furnished by
the said commission, a statement showing the assessed valuation
of all property within his town or city, and separately the amount
of all taxes levied therein by said town or city, including school
district, highway, street and sidewalk taxes for the current year,
and the purpose for which the same were levied ; also a complete
and detailed statement of the bonded and other indebtedness of
his town or city, and of the accrued interest, if any, remaining
unpaid, and the purpose for which said indebtedness was incurred.
Sec. 82. City or county indedtedness shall he reported.
Reports 9! 'county Each register of deeds, city or town clerk, whenever required
debts"to'be^^ by the Corporation Commission, shall furnish a full and complete
tio™ co\ii1ii1°siion^^ statement showing the bonded indebtedness and all other indebted-
ness of his respective county, city or town, the purpose for which
the same was incurred, and all accrued interest, if any, remaining
unpaid.
Sec. 83. City clerk or assessor failing to carry out provisions of
this act.
Every clerk of any town or city and every assessor who shall
fail or neglect to perform any duty required of him by any of
the provisions of this act shall for every such neglect or failure
forfeit not less than twenty nor more than fifty dollars, and every
clerk of the court and every register of deeds who shall fail or
neglect to perform any duty required of him by this act shall for
every such failure forfeit not less than twenty-five nor more than
one hundred dollars, and it shall be the duty of the auditor or
Corporation Commission to cause every such forfeiture to be
prosecuted for.
Lists to be
furnished by
sheriff to cor-
poration com-
mission.
Copy to be
delivered to
auditor.
Forfeit on sheriff
for failure.
Annual reports
from cities and
towns to corpora-
tion commission.
Valuation of
property.
Amount of taxes.
Indebtedness and
accrued interest.
Penalty on city or
town clerk and
assessors.
Penalty on clerics
of courts and
registers of deeds.
Auditor or cor-
poration com-
mission to
prosecute.
1909— Chapter 440. 735
Sec. S4. AU taxes received shall he paid to State Treasurer tuithin
ten days after the first of folloiving month.
All city, county or State officers authorized to collect or re- Officers to make
ceive taxes or license fees for the State shall make return of the each"mon?h^^^^ °^
same on the first of every month to the auditor, and within ten Payment within
days thereafter pay the amount mentioned in said return to the ^^ ^•^'^^
State Treasurer ; and, further, it shall be the duty of the State Treasurer to
Treasurer to immediately notify the State Auditor of any failure f'a°itoe.^^^'^°'^ °^
upon the part of any official to account as afoi'esaid. Any oflicer Violation of
violating this section shall be guilty of a misdemeanor. dem'eanor™'^'
Sec. So. Should there be any doubt in the mind of any sheriff Highest license
^ , , . , ,. „ X- ^ • charged in cases
of any county as to which license fee any corporation, firm or m- of doubt.
dividual should pay on account of the business partaking of the
nature of more than one subject of taxation, such corporation, firm
or individual shall be charged the highest license which might
be levied ; but this discretion shall not be exercised by the sheriff when business
when the businesses carried on are separate and distinct branches, separate.
but each shall then be taxed as required by laA\'.
Sec. 86. Definitions.
The words and phrases following, whenever used in this act, Definitions.
shall be construed to include in their meaning the definitions 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 em- Bank, banker,
])loyed in the business of dealing in coin, notes or bills of exchange, ^J^^|p' ^^°^^
i)V in any business of dealing or in buying or selling any kind of
l)ills of exchange, checks, drafts, banknotes, promissory notes,
bonds, warrants or other writing obligatory, or stocks of any kind
< >r description whatsoever, or receiving money on deposit.
(2) Collector or collectors — county and deputy collectors, in- Collector or
.■hiding sheriffs. collectors.
(3) List takers and assessors have all authority conferred upon List takers and
list takers in this act. assessors.
(4) Credits — every claim or demand for money, labor, interest Credits,
or valuable things due or to become due. including money on
deposit.
(5) He — male, female, company, corporation, firm, society, sin- He.
liular or plural number.
(6) Real property, real estate, land, tract, lot — not only the Real property,
land itself, whether laid out in town or city lots, or otherwise, [ract^tot '^"^'
with all things therein, but also all buildings, structures and im-
provements and other permanent fixtures of whatever kind thereon,
and all rights and privileges belonging or in anywise appertaining
thereto, except where the same may be otherwise denominated by
this act.
736
1909— CiiAPTEK 440.
Shares of stock,
shares of capital
stock.
Tax, taxes.
Correction of
mistakes and
omissions.
(7) Shares of stock, shares of capital stock — the shares into
\vhich the capital stock of every iiicori)orate(l compauy or as-
sociation may be divided.
(8) Tax, taxes — any taxes, special assessments or costs, interest,
or penalty imposed upon property.
Sec. 87. Mistakes in assessments.
If on the assessment roll there is an error in the name of the
person assessed, or any taxable property shall not be entered
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 commissioners, or such error may be corrected
or the omission supplied by the bbard of commissioners, upon
satisfactory evidence of such error or omission, at a regular meet-
ing of the board; and the board may make an order requiring the
person affected to show cause, at a day to be therein appointed.
whj'*the error shall not be corrected or omission supplied, and his
name and the property be entered on the tax list. Such order shall
be served upon the party or posted upon the property thirty days
before the day appointed therein for showing cause. If no cause,
or no suthcieut cause, be shown to the contrary, the commissioners
shall assess such property and order such error corrected or
omission supplied and the name of the 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 within six months from the time
taxes would, if regularly assessed, have become delinquent.
Sec. 88. Taxes on railroads shall &e a lien on property of the
same.
The taxes upon any and all railroads in this State, including
roadbed, right of way, depots, side tracks, ties and rails, now
constructed or hereafter to be constructed, are hereby made a
perpetual lien thereupon, commencing from the first day of June
in each current year, against all claims or demands whatsoever
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 payment of all taxes assessed against
said railroad company in the several counties in this State.
Sec. 89. Removiny or concealing personal property a misdemeanor.
Removal or con- If any person whose duty it is to list personal property for
property or failure taxation shall remove or conceal same, or cause same to be re-
to list same^a moved or concealed, for the purpose of avoiding taxation, or shall
fail to list same for taxation, he shall be guilty of a misdemeanor.
Order to show
cause.
Service of order.
Assessment of
property and
collection of tax.
Proceedings
instituted within
six months.
Lien for taxes on
railroad property
perpetual and
paramount.
Sec. 90. Sheriff to keep the records of settlement of taxes.
Record to be kept Every sheriff shall keep a record of the taxes collected by him
from the clerk of the court, register of deeds and under Schedule
by sheriff.
1909— Chapter 440. 737
B of the Revenue Act. A suitable book for the purpose shall Book to be pro-
be provided by the State Auditor for recording all forfeitures, ar-. ^ > au i or.
rears from insolvents, double taxes and taxes on unlisted subjects :
and on the first Monday in December in each year the sheriff shall Annual state-
deliver, on oath, to the board of commissioners a statement setting
forth all sums received to that date not previously accounted for,
the date of such receipts, the person from whom received, the
amount received from each person, the subjects on wliich received,
and the aggregate amounts, accompanied by an affidavit taken
and subscribed before the clerk of the commissioners and attested
by him that the statement is correct and that no receipts have
been omitted ; and the register of deeds shall record the same Report to be
in a book to be kept for that purpose, and shall, before the second '"^*^°^ ^ •
Monday in December, send an abstract of such statement, with Abstract to
the affidavit, to the auditor, on a blank to be furnished by the
auditor, register the same in a book kept in his office for that Record of
, , ,. ,, . . , . abstract.
purpose, and keep a copy ot the same m a conspicuous place m copy to be
the courthouse until the first day of January next ensuing. posted.
Sec. 91. The sheriff or other accounting officer shall on or be- Time for settle-
fore the second Monday of 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 maimer or at such a place as he shall
direct: Provided, the State Treasurer may extend the time on a Proviso: treasurer
sufficient amount to cover the State tax on the land sales in each "^'^ ™ ""^'
county to the first Monday in May. The commissioners shall forth- Rep9rt of com-
with report to tlie State Auditor the amount due from such ac- auditor.
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.
I'pon the failure of the board of county commissioners to make Penalty on com-
tliis report to the State Auditor on or before the third Monday failure to report.
of January each year, he may impose a fine of one hundred dol-
lars upon said commissioners. The sheriff or tax collector, in Duplicate to be
hied.
making his settlements as aforesaid, shall file with the commis-
sioners a duplicate of the list required in this act. In such settle- Amounts ciiarged
to slierift.
ment 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 Certificaie from
shall give to each sheriff or tax collector a certified statement
embracing the subjects of taxation contained in both lists and
the amount of tax on each subject, which the sheriff or tax Certificate
collector shall deposit with the clerk of the commissioners of his pul)lic inspection.
county for public inspection; that the sheriffs and tax collectors Commission of
1-11 -ii i_ .1. 1- ,.., sheriff,
shall receive five per cent on all taxes, licenses ;ind itrivileges
Puh. — IT
738
1909— Chaptee 440.
Proviso: sheriffs
receiving salaries.
Proviso: sheriff of
Wake county.
Proviso: sheriff of
New Hanover
county.
Items to be
deducted by
auditor.
Insolvent.
Overpayments in
former settle-
ments.
Commissions.
Per diem and
mileage allowed
sheriffs.
Auditor to report
failure of sheriff.
Deductions.
Penalties added.
Judgment on
motion.
Copy of sheriff's
bond sent to
auditor.
collected by them for State, county, township, school district or
other purposes whatsoever, up to the sum of fifty thousand dol-
lars, and upon all such sums so collected by him in excess thereof
he shall receive two and one-half per cent commission; that all
laws and clauses of laws, whether general or special, in conflict
herewith are hereby repealed : Provided, this shall not apply to or
affect the compensation allowed sheriffs of the counties who re-
ceive salaries for the collection of taxes : Provided -further, that
the Sheriff of Wake County shall be allowed four per cent on all
county and special taxes collected : Provided further, that the
Sheriff of New Hanover County shall be allowed five per cent on
county and special taxes collected.
Sec. 92. The auditor, in making the settlement of the amount
due from the sheriff or tax collector aforesaid, shall deduct from
the list returned :
(1) Taxes on personal property certified by the clerk of the
commissioners of the county, by order of the commissioners, to be
insolvent and uncollectible.
(2) All overpayments made in former settlements by reason of
any error in the clerk's abstract of taxables.
(3) The commissions allowed by law.
Sec. 93. For his settlement with the State Treasurer the sheriff
or tax collector shall be paid three dollars for each day he may
be actually necessarily engaged theieiu with the commissioners at
the county seat, and ten cents per mile by usual route of travel
for twice the distance between the courthouse and the place desig-
nated by the State Treasurer, to be paid by him on the warrant
of the auditor, upon certificate of the sheriff or tax collector, duly
verified before the board of commissioners.
Sec. 94. In every case of failure by the sheriff or other account-
ing ofiicer to settle his account within the time prescribed by this
act for such settlement, and to take oath required in his settlement
and pay the amount due to the treasurer, the auditor shall forth-
with report to the treasurer the account of such sheriff or officer,
deducting therefrom for commissions or insolvents, but adding
thereto one thousand dollars and ten per centum of the amount
of taxes with which said sheriff is charged for the amount of
taxes supposed not to appear in the list transmitted by the clerk,
and furnish him 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 in the Superior Court of Wake County,
before the clerk thereof, within twenty days after default shall
have occurred, shall recover judgment against him and his sure-
ties, without other notice than is given by the delinquency of the
officer ; and to the end that obligations and names may be known,
the clerk of the Superior Court shall, on or before the second
Monday in each year, transmit to the auditor a copy, certified un-
I
700
1909_Chaptee 440. '^^
^ tho «p.il of the court of the bond of the sheriff and his sure-
:^s u^on pa n or hTdefauit of forfeiting to the State one tho.. Fo.eU .or
^d d nl, which the auditor shall and is ^er^T ^^J -^r '° ^°"^"
charged to collect in like manner and at such tunes as .. pioMded
'"sEc%)5''The sheriff or tax collector shall pay the county taxes Settlement of
to the county treasurer or other lawful o^^^^J^^l^^Zr^^^-
time retain over three thousand dollars for a longer time than ten ^^^^^^,
Trs under a penalty of two per centum per month to the county
days, unaei a pen. ^ vPtniued and shall on oath, render Monthly state-
nnon all sums so unlawfully letamea, auu suaxi, ments.
Statement to the board of commissioners at their monthly meet-
Utfof the Imount in his hands. On or before the first Monday of F.nal settlement.
Februaxy in each year the sheriff shall account to the county
1 ebiuaiy 1 ^ ^^^^ ^^^ ^^^^^^ for
ZZZ ir!4d rffailfn. to do so he shall pay the county Penalty to. .elay.
IntruiL payment in full of the county taxes: ProviOea f"- ^-.0.^0.-^
r.r the county commissioners may extend the time of settlemeitt e.tend time.
of the sheriff of the county to the first Monday in May.
%EC 96 The Treasurer .of the State, with the adyic^ aitd ^-^P" Treasure^r^-^^^^^
p,;yal of 'the Attorney-General, is hereby authorized ^^^^Itof
;..gntettt Of these officers it may be ^-t^o ^^^^^ ,., .eUnaulsh
the State and will not lose any hen held by the btate, to „ia ^^^^^^^^
ndul<^ence to defendants in execution and relinquish penalties
C^^;ment of amount of dues owing to the State; and lilce.nse And bui a.
to' bid for in behalf of the State and purchase P-perty of said
defendant when necessary to secure the ^^^^^"^ ^'"^^^ ,^^ S,,,,„ ehar.ed
^Fc 07 The sheriff or tax collector shall be chaiged ^Mtn ^^^e bne^^^^^^^^^^^^_
sunis ■appearing by the tax list as due for the county taxes -^ D d.ctions
which Shall be, for making a deed, fifty cents; for reg-tering,
twenty-fiye cents: and such other necessary -"-/i;"^;^^^:^^*^, P,,,,3o: extension
•illy paid by the sheriff: Provided, a majority of any boaid ot 1 ^.^^ ^^^
'" ■ P •* . . ,„ o^'tonri thp time for collecting and collection and
county commissioners may extend the time 101 » settlement.
settlement of county taxes in the ^'e^P^^^'^'^^^^J^^^^Vthrfi^-st of
as they may deem expedient, not to extend ^^^^.^.^^^^^ , .^J P,,,,,^.. ,,eriff to
May in the year following in which taxes were levied. ProiM^^ ,y
^,er, that it shall be unlawful for any sheriff or tax collector anally reeved
n accounting with the board of county commissioners for either
he State or county taxes, to exhibit or present in said county any
Iney not actually derived from the collection of taxes ; and any
-4:0
1909— Chapter 440.
Penalty for
failure.
Division of
penalty.
Proviso: forfeit
for misuse of tax
money.
Division of
forfeit.
Lien of taxes
paramount.
County com-
missioners to
appoint auditing
committee.
Audit reported to
board.
When approved to
be recorded.
Proviso: com-
pensation of
auditing com-
mittee.
Forfeit on sheriff
for failure to
account and pay.
County treasurer
to bring action on
sheriff's bond.
Criminal liability
of sheriff.
Settlements with
other county
officers.
such sheriff or tax collector so offeudiiiir shall forfeit a penalty of
five hundred dollai-s, 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 othei*wise than as directed by law shall forfeit
double the amount of his commissions on county and State taxes
for the year in which he so misused said taxes, oue-half to belong
to any per.son suing for the same and one-half to the county in
which such sheriff resides. No mortgage or lieu on any property
shall be superior to the taxes on said property, whether said
mortgage or lien was given prior or subsequent to the levy of the
taxes.
Sec. 98. The board of county commissioners, at their last regu-
lar or other subsequent meeting in each year, shall appoint one or
more of their number, not to exceed three, to be present at the
accounting and settlement between the sheriff" and couuty treas-
urer provided for in the preceding section, and also to audit and
settle accounts of the county treasurer and all other county offi-
cers authorized to I'eceive or disburse county funds. The account
so audited shall be reported to the board of county commissioners,
and when approved by them shall be filed with the clerk and re-
coMed on his book, and shall be prima fpcie evidence of their cor-
rectness and impeachable only for fraud or special error: Pro-
vided, the compensation allowed the committee for their services
shall not exceed two dollars per day each for the time actually
spent in said settlement, and there shall ))e no allowance for
extra clerical aid.
Sec. 99. In case the sheriff of a county shall fail, neglect or re-
fuse to account with the county treasurer and auditing committee
as above required, or to pay what may rightfully be found due in
such accounts, he shall forfeit and pay to the State for the use of
the county a penalty of two thousand five hundred dollars. It
shall be the duty of the county treasurer (and if he neglect or re-
fuse to perform it, it shall be the duty of 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
penalties aforesaid. If the sheriff shall fraudulently and cor-
ruptly fail to account as aforesaid, he shall be criminally liable
thereupon in like manner and with the same penalties imposed
for such criminal defalcation in section ninety-five of this act.
Sec. 100. In each year the county treasurer shall give five days'
notice to all the coimty officers (except the sheriff) authorized to
receive or disburse the county funds to appear at the courthouse,
on a certain day in January, before him and the committee ap-
pointed by the board of commissioners, and present an account
1909— Chapter 440. 741
of all sums received or rlisbursed for the county, with their vouch-
ers, and any otKcer failing to attend and account shall be deemed Failure to attend
guilty of a misdemeanor. The accounts, when audited, shall be misdemeanor.
reported to the board of commissioners at their next meeting, and and°recor^^oT^^^
if approved shall be filed with the clerk and recorded in their pro- accounts,
ceedings, together with their approval, and shall be deemed pfinia
facie correct.
Sec. 101. Whenever in this act a dutv is imposed upon the Tax collector
,.„.,. ^ 4.- , • , 4. ,1^1, , when appointed
sherift ot a county ot which a tax collector has been or may be ap- charged with
pointed, it shall be incumbent upon the tax collector to perform of'slierfff '^ powers
said otlice instead of the sheriff; and such tax collector shall col-
lect all the taxes, have all the 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 to
accouut for and settle with said tax collector.
Sec. 102. If any sheriff .shall die during the time appointed for Sureties to collect
,, ,. . , . ,. II J. J.1 1 £ j-i ^ on death of sherifif.
collecting taxes his sureties may collect them, and for that pur- powers and
pose shall have all power and means for collecting the same from liabilities,
the collectors and taxpayers as the sheriff would have had, and
shall be subject to all the remedies for collecting and settling of
the taxes, on their bond or O'therwise, as might have been had
again.st the sheriff if he had lived.
Sec. 103. The sheriff (and in case of his death, the sureties) Time for collection
shall have one year, and no longer, from the day prescribed for
his settlement and payment of the State taxes to finish the col-
lection of all taxes, but the extension of time for collection shall
not extend the time of his settlement of the taxes.
Sec 104. The Secretary of State shall have printed five thou- Copies of acts to
officers
sand copies of this act and the Revenue Act of this session and
distribute the said acts among the officers whose duty it is to
execute or carry into effect any portion thereof.
Sec. 105. The Secretary of State shall in like manner have Copies for general
printed ten copies of said act for each member of the General ^^^^"^ y-
Assembly and forward the same to him.
Sec. lOG. The State Auditor shall prepare and furnish to the Auditor to prepare
board of commissioners of each county a sufficient number of blanks.
blank forms or lists, with the proper oath added thereto, on which
each taxpayer in the State shall make out, under oath, a true
statement and return of all his property, with the value thereof,
according to the provisions of this act.
Sec. 107. State Treasurer to sue for taxex.
Upon failure to pay to the State Treasurer, within thirty days Treasurer to sue
after the same shall have become due. any tax which l)y law is ^°^ t^'Xes.
made payable direct to the State Treasurer, it shall be his duty County of venue,
to institute an action to enforce the same in the county of Wake
or in the county in which the property taxed is located.
742
1909— Chapter 440—441.
Repealing clause.
Proviso: vested
rights.
Sec. 108. All acts and parts of acts inconsistent with the pro-
visions of this act are hereby repealed : Provided, that such repeal
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
heretofore acquired under any law of this State.
Sec. 109. That this act shall be in force from and after its
ratification.
Ratified this the Sth day of March, A. D. 1009.
CHAPTER 441.
AN ACT TO SUSPEND THE COLLECTION OF TAXES UNDER
SECTION 58 OF THE REVENUE ACT, BECAUSE OF THE
HIGHER TAXES IMPOSED BY THE OIL-INSPECTION ACT.
Preamble.
Preamble.
Preamble.
Tax not to be
collected.
Proviso: if act
held invalid.
Whereas, since the passage and ratification of the act to raise
revenue at the present session of the General Assembly, a law
has been passed providing for the inspection of illuminating oils
and for the imposition of an inspection tax of one-half (V^) a
cent per gallon thereon ; and whereas the said tax is much greater
than the tax imposed under section fifty-eight of the Revenue
Act; and whereas it is not the purpose of the General Assembly
that the said taxes shall be cumulative : now, therefore.
Hie General AssemUy of North Carolina do enact:
Section 1. That the tax imposed under section fifty-eight of
the act to raise revenue upon dealers in oils shall be suspended
and shall not be hereafter collected from any persons, dealers
or corporations paying the taxes imposed under the inspection law
enacted at the present session of the General Assembly, entitled
"An act to provide for the inspection of illuminating oils and
fluids" : Provided, hoicever, if the said Oil Inspection Act should
be held invalid, section fifty-eight. Revenue Act, shall remain in full
effect.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March, A. D. 1909.
1909— Chapter 442. 743
CHAPTER 442.
AX ACT TO PROMOTE THE PUBLIC HEALTH, CONVEN-
lEN'CE AND WELFARE BY LEVEEING, DITCHING AND
DRAINING THE WET, SWAMP AND OVERFLOWED LANDS
OF THE STATE. AND PROVIDING FOR THE ESTABLISH-
MENT OF LEVEE OR DRAINAGE DISTRICTS FOR THE
PURPOSE OF ENLARGING OR CHANGING ANY NATURAL
WATER COURSES, AND FOR DIGGING DITCHES OR
CANALS FOR SECURING BETTER DRAINAGE OR PROVID-
ING BETTER OUTLETS FOR DRAINAGE. FOR BUILDING
LEVEES OR EMBANKMENTS AND INSTALLING TIDE
GATES OR PUMPING PLANTS FOR THE RECLAMATION OF
OVERFLOWED LANDS, AND PRESCRIBING A METHOD
FOR SO DOING; AND PROVIDING FOR THE ASSESSMENT
AND COLLECTION OF THE COST AND EXPENSE OF THE
SAME. AND ISSUING AND SELLING B0NT3S THEREFOR,
AND FOR THE CARE AND MAINTENANCE OF SUCH IM-
PROVEMENTS, WHEN CONSTRUCTED.
The General Assembly of Xortli Carolina do enact:
Section 1. Duty and poicers of the court.
The clerk of the Superior Court of any county in the State of Jurisdiction of
North Carolina shall have jurisdiction, power and authority to clfj^t.° ^"^^"^'"^^
establish a levee or drainage district or districts in his county, ^?Y^? P"^ drainage
and to locate and establish levees, drains or canals, and cause
to be constructed, straightened, widened or deepened any ditch,
drain or water course, and to build levees or embankments and erect
tide gates and pumping plants for the purpose of draining and
reclaiming wet, swamp or overflowed lands ; and it is hereby de- Drainage a public
clared that the drainage of swamps and the drainage of the sur- ^"^ '
face water from agricultural lands and the reclamation of tidal
marshes shall be considered a public benefit and conducive to the
public health, convenience, utility and welfare.
Sec. 2. Petition — Bond — Board of vietcers.
Whenever a petition signed by a majority of the resident land- Petition for
, , . J. . • i , i, ^ i, establishment of
owners in a jiroposed draniage district or by the owners of three- drainage district.
fifths of all the land which will be affected by or assessed for the
expense of the proposed improvements shall be filed in the ofiice
of the clerk of the Superior Court of any county in which a part
of said lands are located, setting forth that any specific body or dis-
trict of land in the county and adjoining counties, described in
such a way as to convey an intelligent idea as to the location of
such land, is subject to overflow or too wet for cultivation, and the
public benefit or utility or the public health, convenience or wel-
■44
1901)— CiiAPTEU 44l>.
Bond for costs of
proceedings.
Summons to be
served on land-
owners.
Appointment of
board of viewers.
Appointment and
payment of
drainage engineer.
Jurisdiction wlien
land is in more
than one county.
Rules of pro-
ceeding.
Summons served
by publication.
Board of viewers
to examine lands
and route.
Surveys.
Report to set
forth:
If drainage is
practicable;
If drainage will
benefit public
health or any
public highway
or conduce to
general welfare.
fare will be promoted by drainiiif^, ditching or leveeing the same
or by changing or improving the natural water courses, and setting
forth therein, as far as practicable, the starting point, route and
terminus and lateral branches, if necessary, of the proposed im-
provement, and there is filed therewith a bond for the amount
of fifty dollars per mile for each mile of the ditch or proposed
improvement, signed by two or more sureties or by some lawful and
authorized surety company, to be approved by the clerk of the
Superior Court and conditioned for payment of all costs and ex-
penses incurred in the proceedings in case the court does not grant
the i)rayer of said petition, the said clerk shall issue a summons to
be served on all the defendant landowners who have not joined
in the petition and whose lauds are included in the proposed
drainage district. Upon the return day the said clerk shall ap-
point a disinterested and competent civil and drainage engineer
and two resident freeholders of the county or counties in which
said lauds are located as a board of viewers to examine the
lands described in the petition and make a preliminary report
thereon. Such drainage engineer shall be appointed upon the
recommendation of the State Geologist, and the compensation for
the services of such engineer and his necessary assistants, to be
fixed as herein provided, shall be paid by the State Geological and
Economic Survey, said sum or sums so paid to be refunded when
the drainage fund is subsequently provided by the sale of bonds
or otherwise. When the lands proposed to be drained and created
into a drainage district are located in two or more counties the
clerk of the Superior Court of either county shall have and exer-
cise the jurisdiction herein conferred, and the venue shall be in
that county in which the petition is first filed. The law and rules
regulating special proceedings shall be applicable to this act, so
far as may be practicable. The summons may be served by publica-
tion as to any defendants who cannot be personally served as pro-
vided by law.
Sec. 3. Examination — Preliminary report.
The board of viewers shall proceed to examine the land described
in said petition, and other land if necessary to locate properly
such improvement or improvements as are petitioned for, along the
route described in the petition, or any other route answering the
same purpose if found more practicable or feasible, and may make
surveys such as may be necessary to determine the boundaries and
elevatioii of the several parts of the district, and shall make and
return to the clerk of the Superior Court within thirty days, unless
the time shall be extended by the court, a written report, which
shall set forth :
1. Whether the proposed drainage is practicable or not.
2. Whether it will benefit the public health or any public high-
way or be conducive to the general welfare of the community.
1909— Chapter 442. 745
3. Whether the improvement proposed will benefit the lands if drainage will
sc.nght to be benefited. spe^cific lands;
4. Whether or not all the lands that are benefited are included if all lands to be
in the proposed drainage district. i^mded^ ^^'^
They shall also file with this report a map of the proposed Map to be filed,
drainage district, showing the location of the ditch or ditches or
other improvement to be constructed and the lands that will be
affected thereby, and such other information as they may have other informa-
collected that will tend to show the correctness of their findings. '''""•
Sec. 4. Filing preliminary report.
The clerk of the Superior Court shall consider ttis report. If Clerk to con-
sidcr rcDort
the viewers report that the drainage is not practicable or that Petition dismissed
it will not benefit the public health or any public highway or be '^ work not
report 6Q prsc-
conduciA-e to the general welfare of the community, and the court ticable and
shall approve such findings, the petition shall be dismissed at the
cost of the petitioners. Such petition or proceeding may again be Petition renewed
instituted by the same or additional landowners at any time after ^^^^"^ ®'^ months.
six months, upon proper allegations that conditions have changed
or that material facts were omitted or overlooked. If the viewers Day for further
report that the drainage is practicable and that it will benefit the blYavoraWe^^^*^
public health or any public highway or be conducive to the general
welfare of the community, and the court shall so find, then the
court shall fix a day when the report will be further heard and
considered.
Sec. .5. Notice.
If the petition is entertained by the court, notice shall be given Notice of hearing,
by publication for two consecutive weelvS in some newspaper of
general circulation within the county or counties, if one shall be
published in such counties, and also by posting a written or printed
notice at the door of the courthouse and at five conspicuous places
within the drainage district that on the date set, naming the day,
the court will consider and pass upon the report of the viewers.
At least fifteen days shall intervene between the date of the Time of notice,
publication and the posting of the notices and the date set for the
hearing.
Sec. 6. Heariufj preliminary report.
At the date appointed for the hearing the court shall hear and Court to hear and
determine any objections that may be offered to the report of the objecUons.
viewers. If it appear that there is any land within the proposed Amendments to
levee or drainage district that will not be affected by the leveeing changes fn '^
or drainage thereof, such lands shall be excluded and the names boundary and
„ , location,
of the owners withdrawn from such proceeding; and if it shall be
shown that there is any land not within the proposed district
that will be affected by the construction of the proposed levee or
drain, the boundary of the district shall be so changed as to
T46
1909— Chapter 442.
Board of viewers
may attend
hearing.
Reference of
petition for
further report.
Establishment of
district.
Name or number.
iuclude such land, and such additional landowners shall be made
parties plaintiff or defendant, respectively, and summons shall is-
sue accordingly, as hereinbefore provided. After such change in
the boundary is made, the sufficiency of the petition shall be veri-
fied, to determine v^^hether or not it conforms to the requirements
of the statute as provided in section two. The eificiency of the
drainage or levees maj^ also be determined, and if it appears that
the location of any levee or drain can be changed so as to make
it more ett'ective, or that other branches or spurs should be con-
structed, or that any branch or spur projected may be eliminated
or other changes made that will tend to increase the benefits of
the proposed work, such modification and changes shall be made
by the board. The engineer and the other two viewers may at-
tend this meeting and give any information or evidence that may
be sought to verify and substantiate their report. If necessary,
the petition, as amended, shall be referred by the court to the
engineer and two viewers for further report. The above facts
having been determined to the satisfaction of the court, and the
boundaries of the proposed district so determined, it shall declare
the establishment of the drainage or levee district, which shall be
designated by a name or number, for the object and purpose as
herein set forth.
Power to
condemn land.
Procedure for
condemnation.
Payment of
damages.
Appeal to
superior court.
Bond on appeal.
Sec. 7. May condemn land.
If it shall be necessary to acquire a right of way or an outlet
over and through lands not affected by the drainage, and the same
cannot be acquired by purchase, then and in such event the power
of eminent domain is hereby conferred, and the same may be
condemned. Such owner or owners of the land proposed to be
condemned may be made parties defendant in the manner of an
ancillary proceeding, and the procedure shall be substantially as
provided for the condemnation of rights of way for railroads in
chapter sixty-one of the Revisal of one thousand nine hundred
and five, so far as the same may be applicable, and such damages
as may be awarded as compensation shall be paid by the boai-d
of drainage commissioners out of the first funds which shall be
available from the proceeds of sale of bonds or otherwise.
Sec. 8. Right of appeal.
Any person or corporation owning lands within the drainage or
levee district which he or it thinks will not be benefited by the
improvement and should not be included in the district may appeal
from the decision of the court to the Superior Court of such
county, in term time, by filing an appeal, accompanied by a bond
conditioned for the payment of the costs, if the appeal should be
decided against liim, for such sum as the court may require, not
exceeding two hundred dollars, signed by two or more solvent
sureties, or in some approved surety company, to be approved
by the court.
1909— Chapter 442. 747
Sec. 9. Complete survey.
After the district is establislied the court shall refer the report Report referred
of the engineer and viewers back to them to make a complete survey"^'^*^^
survey, plans and specifications for the drains or levees or other
improvements, and fix a time when said engineer and viewers shall Complete report
complete and file their report, not exceeding sixty days. '^''^^"" ^'^^^ '^'^^^■
Sec. 10. Complete report.
The engineer and viewers shall have power to employ such as- Board of viewers
sistants as may be necessary to make a complete survey of the ^sj^tants'°^
drainage district, and shall enter upon the ground and make a Survey of main
survey of the main drain or drains and all its lateral. The line drain and
laterals.
of each ditch, drain or levee shall be plainly and substantialls* Detailed instruc-
marked on the ground. The course and distance of each ditch sim4y°^ ™^ '"^
shall be carefully noted and sufficient notes made, so that it
may be accurately plotted and mapped. A line of levels shall be
run for the entire work and sufficient data secured from which
accurate profiles and plans may be made. Frequent bench marks
shall be established along the line, on permanent objects, and
their elevation recorded in the field books. If it is deemed ex-
pedient by the engineer and viewers, other levels may be run
to determine the fall from one part of the district to another. If
an old water course, ditch or channel is being widened, deepened or
straightened, it shall be accurately cross-sectioned, so as to com-
pute the amount of cubic yards saved by the use of such old
channel. A drainage map of the district shall then be completed. Drainage map to
showing the location of the ditch or ditches and other improve- rfet'aits^of map
ments and the boundary, as closely as may be determined by the
records of the lands owned by each individual landowner within
the district. The location of any railroads or public highways
and the boundary of any incorporated towns or villages within
the district shall be shown on the map. There shall also be pre- profile to
pared to accompany this map a profile of each levee, drain or accompany map.
water course, showing the surface of the ground, the bottom or
grade of the proposed improvement and the number of cubic
yards of excavation or fill in each mile or fraction thereof, and
the total yards in the proposed improvement and the estimated Estimate of cost.
cost thereof, and plans and specifications, and the cost of any Plans, specifica-
^. . „ 1 • I i 1, J ' tions and cost of
other work requu-ed to be done. otlier work.
Sec. 11. Assessment of damayes.
It shall be the further duty of the engineer and viewers to assess Board of viewers
the damages claimed by anyone that is justly right and due to for^dlmlges!™^
them for land taken or for inconvenience imposed because of the
construction of the improvement, or for any other legal damages
sustained. Such damage shall be considered separate and apart Benefits not
from any benefit the land would receive because of the proposed <^<^"^'*^^'^'^-
work, and shall be paid by the board of drainage commissioners Payment of
when funds shall come into their hands. * damages.
748
1909— Chaptee 442.
Board of viewers
to examine and
classify land.
Considerations in
determining
benefit.
Land in five
classes, "A," "B,
"C," "D," and
"E."
Number of acres
in eacli class
ascertained.
Total acreage.
Scale of assess-
ment.
Account kept and
reported to court.
Court may
extend time for
cause shown.
Sec. 12. Classification of land according to heneflts.
It shall be the further duty of the engineer and viewers to
l)ersonally examine the land in the district and classify it with
reference to the benefit it will receive from the construction of
the levee, ditch, drain or water course or other improvement. In
the case of drainage, the degree of wetness on the land, its
proximity to the ditch or a natural outlet and the fertility of the
soil shall be considered in determining the amount of benefit it
will receive by the construction of the ditch. The land benefited
shall be separated in five classes. The land receiving the highest
benefit shall be marked "Class A" ; that receiving the next highest
benefit, "Class B" ; that receiving the next highest benefit, "Class
C" ; that receiving the next highest benefit, "Class D," and that
receiving the smallest benefit, "Class E." The holdings of any
one landowner need not necessarily be all in one class, but the
number of acres in each class shall be ascertained, though its
boundary need not be marked on the ground or shown on the map.
The total number of acres owned by one person in each class and
the total number of acres benefited shall be determined. The
total number of acres of each class in the entire district shall be
obtained and presented in tabulated form. The scale of assess-
ment upon the several classes of land returned by the engineer
and viewers shall be in the ratio of five, four, three, two and one ;
that is to say, as often as five mills per acre is assessed against
the land in "Class A," four mills per acre shall be assessed against
the land in "Class B'," three mills per acre in "Class C," two
mills per acre in "Class D," and one mill per acre in "Class E."
This shall form the basis of the assessment of benefits to the
lands for drainage purposes.
Skc. 13. Cost of the survey.
The engineer and viewers shall keep an accurate account and
report to the court the name and number of days each person
was employed on the survey and the kind of work he was doing,
and any expenses that may have been incurred in going to and
from the work, and the cost of any supplies or material that
may have been used in making the survey.
Sec. 14. Delay — Extension of time.
In case the work is delayed by high water, sickness or any
other good cause, and the report is not completed at the time
fixed by the court, the engineer and viewers shall appear before
the court and state in writing the cause of such failure and ask
for sufficient time in which to complete the work, and the court
shall set another date by which the report shall be completed and
filed.
1909— Chapter 442. 749
Sec. 15. Final report — Notice of hearing.
When the flual report is completed and filed it shall be examined Examination of
by the court, and if it is found to be in due form and in accordance "'^ repor .
with the law it shall be accepted, and if not in due form it
may be referred back to the engineer and viewers, with instruc-
tions to secure further information, to be reported at a subsequent
date to be fixed by the court. When the report is fully completed Time for final
and accepted by the court a date not less than twenty days there-
after shall be fixed by the court for the flual hearing upon the
report, and notice thereof shall be given by publication in a news- Notice of final
paper of general circulation in the county and by posting a written "e^-rmg.
or printed notice on the door of the courthouse and at five con-
spicuous places throughout the district, such publication to be made Time of
for at least two weeks before the final hearing. During this Report open to
time a copy of the report shall be on file in the oflice of the clerk inspection,
of the Superior Court and shall be open to the inspection of any
landowner or other person interested within the district.
Sec 16. Adjudication — Final report.
At the date set for hearing any landowner may appear in Landowners may
person or by counsel and file his objection in writing to the re- or by couiisd!'°'^
port of the viewers ; and it shall be the duty of the court to ^^Alng"'^'^ '"
carefully review the report of the viewers and the objections filed Court to review
thereto, and make such changes as are necessary to render sub- objections,
stantial and equal justice to all the landowners in the district.
If, in the opinion of the court, the cost of construction, together Confirmation of
with the amount of damages assessed, is not greater than the ^^Po^*^-
benefits that will accrue to the land affected, the court shall con-
firm the report of the viewers. If, however, the court finds that
the cost of construction, together with the damages assessed, is
greater than the resulting benefit that will accrue to the lands
affected, the court shall dismiss the proceedings at the cost of the Dismissal of
petitioners, and the sureties upon the bond so filed by them shall Proceedings.
be liable for such costs : Provided, that the State Geological and Proviso: release
Economic Survey may remit and release to the petitioners the engineer and
costs expended by said board on account of the engineer and his assistants,
assistants. The court may from time to time collect from the Payments .on
petitioners such amounts as may be necessary to pay costs accruing, ^°^^^-
other than costs of the engineer and his assistants, such amounts
to be repaid from the special tax hereby authorized.
Sec. 17. Appeal.
Any party aggrieved may. within ten days after the confirmation Appeal to
of the assessor's report, appeal to the Superior Court in term time, ^^uperior court.
Such appeal shall be taken and prosecuted as now provided in
special proceedings.
750
1909— Chapter 442.
Drainage record.
Copies of maps
and profiles kept
on file.
Copy attached to
record book.
Board of drainage
commissioners.
Election by
landowners.
Appointment by
court.
Vacancies.
Drainage com-
missioners incor-
porated.
Corporate name.
Corporate powers.
Organization.
Treasurer.
Seal.
Superintendent of
construction.
Bond of super-
intendent.
Sec. 18. Draimuje record.
The clerk of the Superior Court shall provide a suitable book,
to be known as the "drainage record," in which he shall transcribe
every petition, motion, order, report, judgment or finding of the
board in every drainage transaction that may come before it,
in such a manner as to make a complete and continuous record
of the case. Copies of all the maps and profiles are to be furnished
by the engineer and marked by the clerk "olllcial copies," which
shall be kept on file by him in his office, and one other copy shall
be pasted or otherwise attached to his record book.
Sec. 19. After the said drainage district shall have been declared
established, as aforesaid, and the survey and plan therefor ap-
proved, the court shall appoint three persons, who shall be desig-
nated as the board of drainage commissioners. Such drainage
commissioners shall first be elected by the owners of laud within
the drainage or levee district, or by a majority of same, in such
manner as the court shall prescribe. The court shall appoint
those receiving a majority of the votes. If any one or more of
such proposed commissioners shall not receive the vote of a
majority of such landowners the court shall appoint all or the
remainder from among those voted for in the election. Any
vacancy thereafter occurring shall be filled in like manner. Such
three drainage commissioners, when so appointed, shall be im-
mediately created a body corporate under the name ;ind style of
"The Board of Drainage Commissioners of District,"
with the right to hold property and convey the same, to sue and
be sued, and shall possess such other powers as usually pertain
to corporations. They shall organize by electing from among their
number a chairman and a vice chairman. They shall also elect a
secretary, either within or without their body. The treasurer
of the county in which the proceeding was instituted shall be ex
officio treasurer of such drainage commissioners. Such board of
drainage commissioners shall adopt a seal, which they may alter at
pleasure. The board of drainage commissioners shall have and
possess such powers as are herein granted. The name of such
drainage district, whether designated by number or otherwise,
shall constitute a part of its corporate name ; for illustration,
"The Board of Drainage Commissioners of (No. 1 or Moyock)
District."
Sec. 20. Superintendent of construction.
The board of drainage commissioners shall appoint a competent
person as superintendent of construction. Such person shall fur-
nish a bond, to be approved by the commissioners, in the penal
sum of ten thousand dollars, conditioned upon the honest and
faithful performance of his duties, such bond to be in favor of
the board of drainage commissioners.
1909 — CiiAPTEK 442. 751
Sec. 21. Notice of letting contract — Bond.
The board of drainage commissiouers shall cause notice to be Advertisement
given for two consecutive v^'eeks in some newspaper published contracts^ °
in the county wherein such improvement is located, if such there
be, and such additional publication elsewhere as they may deem
expedient, of the time and place of letting the work of construc-
tion of said improvement, and in such notice they shall specify the
approximate amount of work to be done and the time fixed for the
completion thereof ; and in the date appointed for the letting, they,
together with the superintendent of construction, shall convene
and let to the lowest responsible bidder, either as a whole or in Work let to
sections, as they may deem most advantageous for the district,
the proposed work. No bid shall be entertained that exceeds the Bids exceeding
estimated cost, except for good and satisfactory reasons it shall be con^dered°
shown that the original estimate was erroneous. They shall have Right to reject
the right to reject all bids and advertise again the work, if in ^'^
their judgment the interest of the district will be subserved by
doing so. The successful bidder shall be required to enter into a Successful bidder
contract with the board of drainage commissioners and to execute contract 'and give
a bond for the faithful performance of such contract, with suf- bond,
ficient sureties, in favor of the board of drainage commissioners
for the use and benefit of the levee or drainage district, in an
amount equal to twenty-five per centum of the estimated cost of
the work awarded to him.
Sec 22. Payment for work done.
The superintendent in charge of construction shall make monthly Superintendent to
estimates of the amount of work done, and furnish one copy to montlily esU-
the contractor and file the other with the secretary of the board ^^^^^- , ,
w Rrrs^nts lor
uf drainage commissioners; and the commissioners shall, within payments.
\\\ii days after the filing of such estimate, meet and direct the
secretary to draw a warrant in favor of such contractor for ninety
l)er centum of the work done, according to the specifications and
contract ; and upon the presentation of such warrant, properly Payment of
signed by the chairman and secretary, to the treasurer of the drain- ^'^"^"^s.
age fund, he shall pay the amount due thereon. When the work Payment in full
is fully completed and accepted by the superintendent he shall wor*k."^P'^^'°" °^
make an estimate for the whole amount due, including the amounts
withheld on the previous monthly estimates, which shall be paid
from the drainage fund as before provided.
Sec. 23. Failure of contractor — Reletting.
If any contractor to whom a portion of said work shall have Suit on bond of
been let shall fail to perform the same according to the terms contractor,
specified in his contract, action may be had in behalf of the board
of drainage commissioners against such contractor and his bond
in the Superior Court for damages sustained by the levee or
752
1909— Chapter 442.
Work advertised
and relet.
Right of con-
tractor to enter
on lands.
Removal and
ownership of
timber.
Cost of drains
across highways.
Highways
benefited to be
included in report
Notice of assess-
ment on high-
ways.
Procedure to
determine place
and manner of
crossing right of
way of railroad
companies.
Agreement.
drainage district, and recovery made ajj;ainst such contractor and
his sureties. In such an event the worlv shall be advertised and
relet in the same manner as the original letting.
Sec. 24. Right of contractor.
In the construction of the work the contractor shall have the
right to enter upon the lauds necessary for this purpose and the
right to remove private or public bridges or fences and to cross
private lands in going to or from the work. In case the right of
way of the improvement is through timber the owner thereof
shall have the right to remove it, if he so desires, before the
work of construction begins, and in case it is not removed by the
landowner it shall become the property of the contractor niid may
be removed by him.
Sec. 25. Highivays affected.
Where any public ditch, drain or water course established under
the provisions of this act crosses a public highway the actual
cost of constructing the same across the highway or removing old
bridges or building new ones shall be paid for from the fund of
the drainage district. Wherever any highway within the levee
or drainage district shall be beneficially affected by the construction
of any improvement or improvements in such district it shall be
the duty of the reviewers appointed to classify the land to give
in their report the amount of benefit to such highway, and notice
shall be given by the clerk of the Superior Court to the clerk of
the board of county commissioners in the county where the road is
located of the amount of such assessment, and the county com-
missioners shall have the right to appear before the court and
file its objections, the same as any landowner.
Sec. 26. Railroad — Damage — Benefit.
Whenever the engineer and the viewers in charge shall make
a survey for the purpose of locating a public levee or drainage
district or changing a natural water course, and the same would
cross the right of way of any railroad company, it shall be the
duty of the owner in charge of the work to notify the railroad
company, by serving written notice upon the agent of such com-
pany or its lessee or receiver, that they will meet the company
at the place where the proposed ditch, drain or water course
crosses the right of way of such company, said notice fixing the
time of such meeting, which shall not be less than ten days after
the service of the same, for the purpose of confei*ring with said
railroad company with relation to the place where and the man-
ner in which such improvement shall cross such right of way.
When the time shall arrive fixed for such conference, unless for
good cause more time is agreed upon, it shall be the duty of the
viewers in charge and the railroad company to agree, if possible.
1909— Chapter 442. 753
upon the place whei'e aud the mauuer and method in which such
improvement shall cross such right of waj-. If the viewers in Procedure in case
charge and the railroad company cannot agree, or if the railroad ° isagreement.
company shall fail, neglect or refuse to confer with the viewers,
they shall determine the place and manner of crossing the right
of way of said railroad company, and shall specify the number and
size of openings required, and the damages, if any, to said rail-
road company, and so specify in their report. The fact that the Facts not con-
railroad company is required by the construction of the improve- damages.^
ment to build a new bridge or culvert or to enlarge or strengthen
an old one shall not be considered as damages to said railroad
company. The engineer and viewers shall also assess the benefits Benefits to be
that will accrue to the right of way, roadbed and other property assessed.
of said company by affording better drainage or a better outlet
for drainage, but no benefits shall be assessed because of the
increase in business that may come to said road because of the
construction of the improvement. The benefits shall be assessed Assessment at a
as a fixed sum, determined solely by the physical benefit that ^^^'^ ^"™-
its property will receive by the construction of said improvement,
and it shall be reported by the viewers as a special assessment,
due personally from the railroad company as a special assess-
ment; it may be collected in the manner of an ordinary debt in
any court having jurisdiction.
Sec. 27. Notice to railroad.
The clei-k of the Superior Court shall have notice served upon Notice of final
the railroad company of the time and place of the meeting to slfvedVii" railroad
hear and determine the final report of the engineer and viewers, company.
and the said railroad company shall have the right to file ob-
jections to said report and to appeal from the findings of the
board of commissioners in the same manner as any landowner.
But such an appeal shall not delay or defeat the construction of the
improvement.
Sec. 28. Manner of crossing rUjht of way — Penalty for delay — ■
Cost.
After the contract is let and the actual construction is com- Notice to railroad
menced, if the work is being done with a floating dredge, the of work.^ °^ ^'""^
superintendent in charge of construction shall notify the railroad
company of the probable time at which the contractor will be
ready to enter upon the right of way of said road and construct
the vi'ork thereon. It shall be the duty of said railroad to send Time to be
t ngrftcd on
a representative to view the ground with the superintendent ot
construction and arrange the exact time at which such work can
be most conveniently done. At the time agreed upon the said Railroad company
railroad company shall remove its rails, ties, stringers and such ob.strucUons.
other obstructions as may be necessary to permit the dredge to
excavate the channel across its right of way. The work shall be
Pub.^8
754 1909— CHArTEK 442.
so planned and conducted as to interfere in the least possible man-
Refusal to remove ner with the business of said railroad. In case the railroad corn-
obstructions and „ J ^ •, i ■. . ^ , ,, ^, , ,
permit work a pany refuses and fails to remove its track and allow the dredge
stn^ction^'^^' to construct the work on its right of way it shall be held as de-
Penalty, laying the construction of the improvement, and such company
shall be liable to a penalty of twenty-five dollars per day for
each day of delay, to be collected by the board of drainage com-
missioners for the benefit of the drainage district as in the case
of other penalties. Such a fine may be collected in any court hav-
ing jurisdiction and shall inure to the benefit of the drainage
Railroad company district. Within thirty days after the work is completed, an
to present .,,„/.,
itemized bill. itemized bill for the actual expenses incurred by the railroad com-
pany for opening its tracks shall be made and presented to the
superintendent of construction of the drainage improvement. Such
bill, however, shall not include the cost of putting in a new bridge
Superintendent to or Strengthening or enlarging au old one. The superintendent of
^^ '^ ' ■ construction shall audit this bill and, if found correct, approve
the same and file it with the secretary of the board of drainage
Cost of excava- commissioners. The commissioners shall deduct from this bill
Mrptld!''^'^®'^ ^^^ the cost of the excavation done by the dredge on the right of
way of said railroad company at the contract price, and pay the
difference, if any, to said railroad company.
Sec. 29. Control and repairs.
Completed work Whenever any improvement constructed under this act is com-
trol of drainage pleted it shall be under the control and supervision of the board
Du?y^to^'ma1ntain ^^ drainage commissioners. It shall be the duty of the said
work. board to keep the levee, ditch, drain or water course in good repair,
Assessment for and for this purpose they may levy an assessment on the lands
repairs.'^^'^'^^ ^^ benefited by the construction of such improvement in the same
manner and in the same proportion as the original assessments
were made, and the fund that is collected shall be used for re-
pairing and maintaining the ditch, drain or water course in perfect
Proviso: repairs order : Provided, Jioioever, that if any repairs are made necessary
by neglfgence'^ by the act or negligence of the owner of any land through which
such improvement is constructed or by the act or negligence of
his agent or employee, or if the same is caused by the cattle,
hogs or other stock of said owner, employee or agent, then the cost
. thereof shall be assessed and levied against the lands of said
owner alone, to be collected by proper suit instituted by the drain-
Injury to works a age commissioners. It shall be unlawful for any person to injure
misdemeanor. ^^ damage or obstruct or build any bridge, fence or flood gate in
such a way as to injure or damage any levee, ditch, drain or water
course constructed or improved under the provisions of this act,
and any person causing such injury shall be guilty of a misde-
Punishnient. meanor, and upon conviction thereof may be fined in any sum not
exceeding twice the damage or injury done or caused.
1909 — Chapter 442. 755
Sec. 30. Outlet for lateral drains.
The owner of any land that has been assessed for the cost of Rights of owners
the construction of any ditch, drain or water course, as herein ° ^^sesse an s.
provided, shall have the right to use the ditch, drain or water
course as an outlet for lateral drains from said land ; and if said Procedure for
land is separated from the ditch, drain or water course by the access"? o^drain°
land of another or others, and the owner thereof shall be unable
to agree with said other or others as to the terms and conditions
on which he may enter their lands and construct said drain or
ditch, he may file his ancillary petition in such pending proceed-
ing to the court, and the procedure shall be as now provided by
law. When the ditch is constructed it shall become a part of the
drainage system and shall be under the control of the board of
drainage commissioners and be kept in repair by them as herein
provided.
Sec. 31. Assessment-tax roll.
After the classification of the land and the ratio of assessment Drainage com-
of the different classes to be made thereon has been confirmed ™repare^assess-
by the court, the drainage commissioners shall prepare an assess- ment-tax roll,
ment roll or drainage-tax duplicate, giving a description of all the
land in said drainage district, the name of the owner, so far as can
be ascertained from the public records, and the amount of assess-
ment against each of the several tracts of land. In preparing this Ascertainment of
assessment roll the board shall ascertain the total cost of the im- a^gs^sed.*^" ^^
provement, including the damages awarded and to be paid to the
owners of land, and all incidental expenses, and deduct therefrom
any special assessment made against any railroad or highway, and
the remainder shall be the amount to be borne and paid by the
lands benefited. This amount shall be assessed against the several Assessnient
tracts of land according to the benefit received, as shown by the Eenefits!°"^ *°
classification and ratio of assessment made by the viewers and
confirmed by the board of drainage commissioners. This drain- Drainage-tax roll
age-tax roll shall be made in duplicate, signed by the chairman '° duphcate.
and secretary, and one copy filed with the drainage record and
the other delivered to the sheriff or other county tax collector.
There shall be appended an order to collect the said assessments. Order to collect
and the same shall have the force and effect of a judgment as in assessment.
the case of State and county taxes.
Sec. 32. Time of payment.
If the total cost of the work is less than au average of twenty- Assessment pay-
five cents per acre on all the land in the district the assessment fnsullment.
made against the several tracts shall be collected in one installment,
by the same officer and in the same manner as State and county
taxes are collected, and payable at the same time. In case the Advertisement of
total assessment exceeds the average of twenty-five cents i)er acre Sramage^bonds^
on all the lands in the district the said board of drainage com-
756
1909— Chapter 442.
missioners may give notice of three weeks by publication in some
newspaper of general circulation in the district, if there be one,
and also by posting a written or printed notice at the door of the
courthouse and at five conspicuous places in the drainage district,
that they propose to issue bonds for the construction of said im-
provement, giving the amount of bonds to be issued, the rate of
Land released on interest they are to bear and the time when payable. Any laud-
assessniient. owner having lands assessed in the district and not wanting to
pay interest on the bonds may, within thirty days after the pub-
lication of said notice, pay the county treasurer the full amount
of his assessment and have his land released therefrom.
Sec. 33. Defense — Waiver.
Each and every person owning
land in the district which is
Right of defense
waived.
Landowner failing
to pay assessment ^ ^ .^ j. x- j- ■ ^ , , ,, , ^
held as consenting assessed for the construction of an improvement who shall neglect
to bond issue. q^. Jj^jj ^^ p^y ^.j^g ^^jjj amount of his assessment to the county
treasurer within the time specified shall be deemed as consenting
to the issuing of said drainage bonds, and in consideration of the
right to pay his assessment in installments he hereby waives his
right to any defense against the collection of said assessment
because of any irregularity, illegality or defect in the proceedings
prior to this time, except in the case of an appeal, as heretofore
provided, which is not affected by this waiver. The term "person."
as used in this act, includes any firm, company or corporation.
Bond issue
authorized.
Amount.
Interest.
Maturity.
First installment.
Sale of bonds.
Issue and record
of bonds.
Lien for assess-
ment paramount.
Sec. 34. Bond issue.
At the expiration of the thirty days after the publication the
board of drainage commissioners may issue bonds for the full
amount of the assessment not paid in to the county treasurer,
together with the interest thereon, costs of collection or other
incidental expenses. These bonds shall bear six per cent interest
per annum, payable annually, and shall be paid in ten equal annual
installments. The first installment of the principal shall mature
at the expiration of three years from the date of issue, and one
installment each succeeding year for nine additional years. The
commissioners may sell these bonds at not less than par and
devote the proceeds to the payment of the work as it progresses.
In no case shall bonds be issued until the tax levy has been made
to meet them as they come due. The bonds issued shall be for
the exclusive use of the levee or drainage district specified on
their face, and should be numbered by the board of drainage com-
missioners and recorded in the drainage record, which record shall
set out specifically the lands embraced in the district on which the
tax has not been paid in full, and which land is assessed for the
payment of the bonds issued and the interest thereon. This assess-
ment shall constitute the first and paramount lien, second only to
State and county taxes, upon the lands assessed for the payment
of said bonds and the interest thereon as they become due, and
3^909— Chaptek 442. '^^'^
shall be collected in the same manner by the same officers as the Collected as
shall be toiiecieu collected If any installment of Mandamus for
State and county taxes are coiiecieu. j , levy of assess-
■ ■ 1 ^v iTitPrP<?t renresented by the said bond shall not be ^^^^^ ^^ ^jget
principal or mteiest lepiesemeu uy become installments of
mid at the time and in the manner when the same shall oecome ^^^^^
due and payable, and such default shall continue for a period
of six mon?hs, the holder or holders of such bond or bonds upon
wh h default has been made may have a right of action agams
Si drainage district or the board of drainage commissioners of
said d strict, Wherein the court may issue a writ of manda.vus
agls tbe said drainage district, its officers, including the tax
collecor and treasurer, directing the levying of a tax or special
assessment as herein provided, and the -Uection of same^«h
sum as may be necessary to meet any unpaid installments ot
prLipal and interest and cost of action; and such other remedies
are hereby vested in the holder or holders of such bond or bonds
n detail' as may be authorized by law; and the ^f[^^Sr^^
is herebv vested in the holder or holders of such bond upon
whrch d;fault has been made authorizing them to institute suit
I.a nst any officer on his official bond for failure to perform any
dSHmposed by the provisions of this act. ^be official bonds of
the tax collector and county treasurer shall be liable for he faith^
ful performance of the duties herein assigned them. Such bonds
may be increased by the board of county commissioners.
Sec. 35. Relevy.
i. 1, ^ .^,^fi,.n-.o*i fin n«!sessment for the construe- Power to change
Where the court has confiimed an assessmeuL lu ^ ^^^^^^_
tion of any public levee, ditch or drain, and such assessment has ^^^^
beeVmodified by the court' of superior Jurisdiction, but for some
unforreen cause it cannot be collected, the board of drainage com-
mfssioners shall have power to change or modify ^1- -sess-en^
as originally confirmed to conform to the Dudgment ot the Supei or
Court and to cover any deficit that may have been caused by the
o'der of said court or unforeseen occurrence. The said relevy
Tall be made for the additional sum required, in the same ratio
on the lands benefited as the original assessment was made.
Sec. 3G. Fees and expenses.
Any engineer employed under the provisions of this act shall Pay of engineer,
receive such compensation per diem for his services as shall be
receiNe su^ .'.,,,„ Av^^u^^^<rp fommissioners. The viewers, viewers other
fixed and determined by the diamage commishiuu ^^^ engineer.
other than the engineer, shall receive three dollars pei day
the rodmen, axmen, chainmen and other laborers shall receive not Rodmen^a.^^^^^^
to exceed two dollars per day each. All other fees '^^^ <.osts in- Fees^a.nd costs as
curred under the provisions of this act shall be the same a pro^ prescribed
vided bv law for like services in other cases. Said costs and
expenses shall be paid, by the order of the court, out of the
drainage fund provided for that purpose, and the board of drain-
age commissioners shall issue warrants therefor when funds shall
be in the hands of the treasurer.
758
1909— Chapter 442—443.
Act to be liberally
construed.
Order confirming
final report
conclusive.
Modification on
appeal to affect
appellant only.
Failure to appeal
a waiver.
Proceedings ex
parte.
Removal of
ofHcers or
employees for
cause.
Local drainage
laws not affected.
Repealing clause.
Proviso: pro-
ceedings pending
not affected.
Sec. 37. Defects in proceedings.
The provisions of this act shall be liberally construed to pro-
mote the leveeing, ditching, draining and reclamation of wet and
overflowed lauds. The collection of the assessment shall not be
defeated, where the proper notices have been given, by reason of
any defect in the proceedings occurring prior to the order of the
court confirming the final report of the viewers; but such order
or orders shall be conclusive and final that all prior proceedings
were regular and according to law, unless they were appealed
from. If on appeal the court shall. deem it just and proper to re-
lease any person or to modify his assessment or liability, it shall in
no manner affect the rights and legality of any person other than
the appellant, and the failure to appeal from the order of the
court within the time specified shall be a waiver of any illegality
in the proceedings, and the remedies provided for in this act shall
exclude all other remedies.
Sec. 38. Proceedings under this act may be ex parte or ad-
versary. Any engineer, viewer, superintendent of construction or
other person appointed under this act may be removed by the
court, upon petition, for corruption, negligence of duties or other
good and satisfactory cause shown.
Sec. 381^. This act shall not repeal or change any local drain-
age laws already enacted or to be enacted by the General Assembly
of one thousand nine hundred and nine.
Sec. 39. All laws in conflict with this act are hereby repealed :
Provided, that proceedings now pending by virtue of any statute
now or heretofore in force in this State in any county shall not
be affected by this act, but that such proceedings may be continued
in accordance with such statute or in accordance with the pro-
visions of this act.
Sec. 40. This act shall be in effect from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 443.
AN ACT TO PRESCRIBE THE MODE OF CAPITAL PUNISH-
MENT IN NORTH CAROLINA.
Death by hanging
abolished.
Electrocution
substituted.
Electrocution
defined.
The General Assembly of North Carolina do enact:
Section 1. That death by hanging under sentence of law in
North Carolina shall be and is hereby abolished and electrocution
or death by electricity substituted therefor.
Sec. 2. The mode of executing a death sentence must in every
case be by causing to pass through the body of the convict or
felon a current of electricity of sufficient intensity to cause death,
and the application of such current must be continued until such
1909— CiiAPTEK 443. 759
convict or felon is dead ; and the warden of the penitentiary of Executioner.
North Carolina or, in case of his death, inability or absence, a
deputy warden shall be the executioner; and when any person,
convict or felon shall be sentenced by any court of the State
having competent jurisdiction to be so executed, such punishment Permanent death
shall only be inflicted within a permanent death chamber which ^ ^^ ^^'
the superintendent of said State penitentiary is hereby authorized
and directed to provide within the walls of the North Carolina
penitentiary at Raleigh, North Carolina. The superintendent of Appliances.
said State penitentiary shall also cause to be provided, in con-
formity with this act and approved by the Governor and Council
of State, the necessary appliances for the infliction of the punish-
ment of death in accordance with the requirements of this act.
For the expenses of such appliances a sum not exceeding one thou- Appropriation for
sand dollars shall be allowed and paid out of the treasury upon aPPii^i^^^ss.
the warrant of the Auditor of the State.
Sec. 3. That upon the sentence of death being pronounced Sentence of death
against any person in the State of North Carolina convicted of"^'^rimg.
a crime punishable by death it shall be the duty of the judge
pronouncing such death sentence to make the same in writing,
which shall be filed in the papers in the case against such convicted
person, and a certified copy thereof shall be transmitted by the Certified copy to
clerk of the Superior Court in which such sentence is pronounced p|i^itlnt?ary.
to the warden of the State penitentiary at Raleigh, North Caro-
lina, not more than twenty nor less than ten days before the time
fixed in the judgment of the court for the execution of said sen-
tence ; and in all cases where there is no appeal from said sen- Conveyance of
fence of death and in all cases where said sentence is pronounced to'tfenftentiary!'^
against a prisoner convicted of the crime of rape it shall be the
duty of "the sheriff, together with at least one deputy, to convey
to the penitentiary at Raleigh such condemned felon or con-
vict forthwith upon the adjournment of the court in which said
felon was tried, and deliver said convict or felon to the warden
of said penitentiary : Provided, that in all cases where an appeal Proviso: in cases
• *. 1 4. 4.1 J ii, i. I, not of rape where
IS taken from the death sentence by any person or persons con- appeal is taken.
victed of a crime punishable by death, except the crime of rape,
such convicted felon or convict shall not be taken or conveyed
to said penitentiary unless, in the judgment of the sheriff of the
county in which said felon was tried and the solicitor prosecuting
said felon, it shall be deemed necessary for the safety and safe-
keeping of said convicted person or felon during the pendency of
said appeal.
Sec. 4. The said warden or deputy warden (in case of the Warden or deputy
disability, death or absence of the warden), unless a suspension senlence!^
of execution be ordered, shall cause the person, convict or felon
against whom the death sentence has been so pronounced to be
,, ,, .,,, ,. , „,,. Persons present at
electrocuted as provided by section two of this act. At such execution.
760 1909— Chapter 443.
execution there shall be present the warden or deputy warden, the
surgeon or physician of the penitentiary and twelve respectable
citizens. The counsel and any relatives of such person, convict
or felon and a minister or ministers of the gospel may be present
if they so desire.
Counsel, relatives Sec. 5. The warden, together with the surgeon or physician of
and raniisters. ^j^^ penitentiary, shall certify the fact of the execution of the
condemned person, convict or felon to the clerk of the Superior
Certificate of Court in which such sentence was pronounced, and said clerk
execution. shall file such certificate with the papers of the case and enter
the same upon the records thereof.
Sec. 6. Should the condemned person, convict or felon be granted
a reprieve by the Governor or obtain a writ of error, or a new
trial be granted by the Supreme Court of the State of North
Notice of reprieve, Carolina, or should the execution of the sentence be stayed by
new trial'!'^"'^ °^ ^^^ competent judicial tribunal or proceeding, notice of such
reprieve, new trial, appeal, writ of error or stay of execution
shall be served upon the warden or deputy warden of the peniten-
tiary by the Sheriff of Wake County, in case such condemned
person is confined in said penitentiary, or upon any sheriff having
the custody of any such condemned person, also upon the con-
demned person himself. In case of an appeal, should the Supreme
Court find no error in the trial or should the execution of the
sentence be stayed by any competent judicial tribunal or proceed-
On appeal ing, such condemned person, convict or felon shall be executed as
day^foi°executioa i^ provided in section two of this act, the Governor of North Caro-
if no error found, jj^a setting the day for said execution ; and it is hereby made the
duty of said Governor to set the date for said execution and notify
the warden of the penitentiary thereof.
Notification to Sec. 7. Should a new trial be granted the condemned person,
convict or felon against whom sentence of death has been pro-
nounced, after he has been conveyed to the penitentiary, then he
Reconveyance of shall be conveyed back to the place of trial by such guard or
tr^afgrante'd!^^ guards as the warden of said penitentiary shall direct, their ex-
penses to be paid as is now provided by law for the conveyance of
convicts to the penitentiary.
Crimes heretofore Sec. 8. Nothing in this act shall be construed to alter in any
manner the execution of the sentence of death imposed on account
of any crime or crimes committed before the ratification of this
act.
Disposition of Sec 9. Upon application, written or verbal, of any relative as
remains. near as the degree of fourth cousin of the person executed, made
at any time prior to the execution or on the morning thereof, the
body, after execution, shall be prepared for burial under the super-
vision of the warden or deputy warden and shall be returned to
the nearest railroad station of the relative or relatives asking for
Limit of cost. such body. The cost of preparing said body for burial, including
1909— Chapter 443—444. 761
transportation, shall iu no case exceed the sum of fifty dollars,
and shall be paid by the State of North Carolina upon a war-
rant of the auditor of said State. In the event that no relative Disposal of body
asks for the body of such executed person, convict or felon, the by'^relatlves. °^
same shall be disposed of as other bodies of convicts dying in the
penitentiary.
Sec. 10. That this act shall be in force from and after its rati-
fication.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 444.
AX ACT TO REGULATE THE PRACTICE OP OPTOMETRY,
TO PROVIDE FOR THE ESTABLISHMENT OF A BOARD
OF EXAMINERS IN OPTOMETRY, TO PROVIDE FOR THE
EXAMINATION OF PRACTITIONERS OF OPTOMETRY AND
REGISTRATION OF LICENSED PRACTITIONERS, TO PRO-
VIDE A PENALTY FOR A VIOLATION OF THE ACT, AND
FOR OTHER PURPOSES.
The General Assembly of North Carolina do enact:
Section 1. That the practice of optometry is defined as follows. Optometry
namely : The practice of optometry is hereby defined to be the '^^^^'i^*^-
employment of any means, other than the use of drugs, medicine
or surgery, for the measurement of the powers of vision and the
adaptation of lenses for the aid thereof.
Sec. 2. That after the passage of this act it shall be unlawful for Practice without
any person to practice optometry in the State of North Carolina uraawfuV."'^
unless he shall first have obtained a certificate of registration and
filed the same, or a certified copy thereof, with the clerk of the
Superior Court of his residence, all as hereinafter provided.
Sec. 3. There is hereby created a board, whose duty it shall be Board of
to carry out the purposes and enforce the provisions of this act, ^x^™"^ers.
and shall be styled the "North Carolina State Board of Examiners Official title.
in Optometry." Said board shall be appointed by the Governor as Appointment.
soon as is practicable after the passage of this act, and shall con-
sist of five regular optometrists who are members of the North
Carolina State Optical Society and who have been engaged in the
practice of optometry in the State of North Carolina for five j'^ears.
The terms of said members, as appointed as aforesaid, shall be Terms of
as follows : One for one year, one for two years, one for three ™*^™ ^^^'
years, one for four years, one for five years. The terms of mem-
bers thereafter appointed shall be for five years. The appoint- Vacancies,
ments to fill vacancies shall be for the unexpired terms. The mem- Examiners to
bers of the board, before entering upon their duties, shall respec- *i^^^^^y-
762
1909— Chapter 444.
Organization.
Rules and
regulations.
Power to
administer oaths.
Quorum.
Meetings.
Records.
Examination for
practice.
Fees.
Proviso: return of
fee.
Registration and
certificate.
Persons heretofore
practicing.
Registration fee.
Persons exempt
from examination.
Record of certifi-
cate in county of
residence.
Fee.
Record in other
counties.
lively take all oaths taken and prescribed for other State oflScers,
which shall be administered by the Secretary of State and filed
in his office, and said board shall have a common seal.
Sec. 4. Said board of examiners shall choose, at the first regular
meeting and annually thereafter, one of its members as president
and one as secretary and treasurer. Said board shall make such
rules and regulations, not inconsistent with law, as may be neces-
sary to the proper performance of its duties, and each member
thereof may administer oaths and take testimony concerning any
matter within the jurisdiction of the board. A iiuajority of the
said board shall constitute a quorum. Said board shall meet at
least twice a' year, the times and places of meeting to be designated
by the president and secretary. The secretary of the said board
shall keep a full record of the proceedings of said board, which
record shall at all reasonable times be open to public inspection.
Sec 5. Everj^ person, before beginning to practice optometry in
this State after the passage of this act, shall pass an examination
before said board of examiners. Such examination shall be con-
fined to such knowledge as is essential to the practice of optometry.
Any person having signified his desire to be examined, and before
beginning such examination, shall pay to the said board for the
use of said board the sum of ten dollars, and if he shall success-
fully pass said examination he shall pay to the said secretary for
the use of said board a further sum of five dollars on the issuance
to him of the certificate : Provided, any candidate presenting him-
self for examination and failing to successfully pass the board
shall have returned to him the ten dollars fee required in this
section. All persons successfully passing said examination shall
be registered in the board registry, which shall be kept by said
secretary, as licensed to practice optometry, and he -shall also
receive a certificate of registration, to be signed by the president
and secretary of said board.
Sec. 6. Everj^ person who had been engaged in the practice of
optometry in the State of North Carolina for two years prior to
the date of the passage of this act shall within six months there-
after file an affidavit as proof thereof with said board. The
secretary shall keep a record of said person, and shall upon pay-
ment of three dollars issue to said person a certificate of registra-
tion without the necessity of an examination.
Sec. 7. All persons entitled to a certificate of registration under
the full provisions of section six shall be exempt from the pro-
visions of section five of this act.
Sec 8. All recipients of said certificate of registration shall
present the same for record to the clerk of the Superior Court
of the county in which they reside, and shall pay a fee of fifty
cents for recording the same. Said clerk shall record said certifi-
cate in a book to be provided by him for that purpose. Any
I
1909— Chapter 444. 763
person so licensed, before engaging in the practice of optometry
in any other county, shall, before commencing the practice in said
county, file the same for record with the clerk of the Superior
Court of the county in which he desires to practice, and pay the Fee.
clerk thereof for recording the same a fee of fifty cents. Any Forfeit of
failure, neglect or refusal on the part of such person holding such certificate,
certificate to file the same for record, as hereinbefore provided
for, for thirty days after the issuance thereof, shall forfeit the
same and said certificate shall become null and void. Upon the Copies of
request of any person entitled to a certificate of registration at certificate,
any time, the board shall issue a certified copy of the certificate of
registration, and upon the fact of the loss of the original cer-
tificate being made to appear, a certified copy shall be recorded
in lieu of the original, and the said board shall be entitled to a Fee.
fee of one dollar for recording the certified copy of the certificate
of registration.
Sec. 9. Any person entitled to a certificate as provided for in Waiver of right
section six in this act who shall not within six months after the ° ^^'^ ^ ^^ ®"
passage of this act make written application to the board of
examiners for a certificate of registration, accompanied by a
written statement, signed by him and duly verified before an of-
ficer authorized' to administer oaths within this State, fully setting
forth the grounds upon which he claims such certificate, shall be
deemed to have waived his right to a certificate under the pro-
visions of said section. Any such person may obtain a certificate
thereafter by successfully passing examination and paying a fee
as provided for in this act.
Sec. 10. Every person to whom a certificate of examination or Certificate to be
registration is granted shall display the same in a conspicuous part ^^^ ^^^ '
of his office wherein the practice of optometry is conducted.
Sec. 11. Out of the funds coming into possession of said board Compensation of
,. ^ board of
each member thereof may receive as compensation the sum ot five examiners.
dollars for each day he is actually engaged in the duties of his
office and mileage of three cents per mile for all distances neces-
sarily traveled in going to and coming from the meetings of the
board. The said expenses shall be paid from the fees and assess- state npt
ments received by the board under the provisions of this act, and '■^^P°'^^' ^•
no part of the salary or other expenses of the board shall ever
be paid out of the State Treasury. All moneys received in ex- Surplus held as
cess of per diem allowance and mileage, as above provided for. ^P®*^"^
shall be held by the secretary as a special fund for meeting ex-
penses of said board and carrying out the provisions of this act.
and he shall give the State such bond as the board shall from Secretary to give
time to time direct for the faithful performance of his duties, and Reports from
the board shall make an annual report of its proceedings to the board.
Governor on the first Monday in January of each year, which re-
port shall contain an account of all moneys received and disbursed
by them pursuant to this act.
Y64
1909— Chapter 444.
Annual fees.
Date of payment
Revocation of
certificate.
Proviso: collec-
tion by suit.
Revocation of
certificate for
cause.
Proviso: public
hearing.
Regrant of
certificate.
Acts declared
misdemeanors.
Punishment.
Application of
act.
Sec. 12. Every registered optometrist sliall, in every year after
one thousand nine liuudred and nine, pay to said board of examiners
ttie sum of not over two dollars, the amount to be fixed by the
board, as a fee for said year. Said payments shall be made prior
to the first day of April in each and every year, and in case of
default in said payment by any pei'son his certificate may be
revoked by the examiners upon twenty days' notice of the time
and the place of considering such revocation. But no license shall
be revoked for nonpayment if the person so notified shall pay, be-
fore or at such time of consideration, his fee and such penalty as
may be imposed by said board : Provided, said board may impose
a penalty of five dollars, and no more, on any one person so notified
as a condition of allowing his license to stand: Provided further,
that said board of examiners may collect any such dues by suit.
Sec. 13. Said board shall have the power to revoke any certifi-
cate of registration granted by it under this act, for conviction
of crime, habitual drunkenness for six months immediately before
charge to be made, gross incompetency, contagious or infectious
diseases : Provided, that before any certificate may be so revoked
the holder thereof shall have a notice in writing of the charge or
charges against him, and at a day specified in said notice, at least
five days after the service thereof, be given a public hearing and
have an opportunity to produce testimony in his behalf and to con-
front the witnesses against him. Any person whose certificate has
been so revoked may, after tile expiration of ninety days, apply
to have the same regranted, and the same shall be regranted him
upon a satisfactory showing that the disqualification has ceased.
Sec. 14. Any person who shall violate any of the provisions
of this act, and any person who shall hold himself out to the
IMtblic as a practitioner of optometry without a certificate of
registration provided for in this act, shall be deemed guilty of a
misdemeanor, and upon conviction in any court liaving jurisdic-
tion of misdemeanors may be punished as for a misdemeanor by a
fine of not more than one hundred dollars or imprisonment for
not more than four months, or both, in the discretion of the court.
Sec. 15. Nothing in this act shall be construed to apply to phy-
sicians and surgeons authorized to practice under the laws of
North Carolina, or prohibit persons to sell spectacles, eyeglasses or
lenses as merchandise from permanently located and established
places of business.
Sec. 16. All laws and parts of laws in conflict with the fore-
going are hereby repealed.
Sec. 17. That this act shall be in force and effect from and
after its ratification.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 445. 765
CHAPTER 445.
AN ACT TO PROVIDE FOR THE REGISTRATION AND IDEN-
TIFICATION OF MOTOR VEHICLES, AND TO REGULATE
THE USE OF PUBLIC HIGHWAYS BY SUCH VEHICLES
AND PERSONS PASSING SUCH VEHICLES, AND TO PRO-
VIDE PENALTIES FOR THE VIOLATION THEREOF.
The General Assembly of North Carolina do enact:
Section 1. The term and words "motor vehicles," used in this Motor vehicles
act. shall be construed to mean all vehicles propelled by power, ® "^ ■
other than muscular power, except traction engines and such motor
vehicles as run only upon rails or tracks. The term and words Highway and
"highway" or "public highway" shall be construed to mean any defined."^'^^^^
public highway, township, county or State road, or any country
road, any public street, alley, park, parkway, driving or public
place in any city, village or town. The term and words "business
portion of any city or village" shall be construed to mean the
territory of a city or incorporated village contiguous to a public
highway which is at that point either wholly or partially built up
with structures devoted to business.
Sec. 2. Every person now owning or hereafter acquiring a motor statement to be
vehicle shall, for every vehicle owned by him, file in the office motor vehicle! °^
of the Secretary of State a statement containing the name and
address, with a brief description of the vehicle so owned by him
to be registered, including the name of the maker, factory number,
style of vehicle and motor power, on a blank to be prepared and Blanks to be
furnished by said Secretary of State for that purpose. Upon the Registration and
filing of said statement, as aforesaid, said Secretary of State 'dumber.
shall register such motor vehicle in a book or index to be kept
for that purpose and assign it a distinctive number, and shall Certificate of
resist r3;t ion
forthwith issue and deliver to the owner of such motor vehicle
a certificate of registration, together with a seal, of aluminum or Seal,
other suitable metal, which said seal shall be circular in form,
approximately two inches in diameter, and shall have stamped
thereon the words "Registered Motor Vehicle No North Caro-
lina," with the registration number and any other data deemed
necessary by the Secretary of State inserted therein, which said Seal to be
seal shall thereafter at all times be conspicuously displayed on the ^^^ ^^^ '
motor vehicle to which such number has been assigned. The said Certificate of
certificate of registration shall contain the same words and number con'tafn. '°"
as the seal, and shall further contain the name of the owner of the
vehicle so registered as aforesaid, his address, the name of maker
of the said vehicle, factory number, style and motor power, and Date of
the date of registration, which date of registration shall be the
day on which the application is received at the office of the Sec- certificates for
retary of State. Such certificate of registration shall remain in one year.
766
1909— CiiAPTEE 445.
Applications for
renewal.
Cancellation of
certificate and
reissue of
number.
Fee for registra-
tion, certificate
and seal.
Fee for renewal.
Proviso: motor-
cycles excepted.
Proviso: appor-
tionment of fees.
Return of certifi-
cate and seal on
sale of vehicle.
Certificate to be
cancelled and
number reissued.
Proviso: certifi-
cate under
original number.
Fee for new
certificate.
Number to be
displayed on front
and rear of
vehicle.
Requirements for
display numbers.
Lights.
Proviso: number
to be displayed on
rear of vehicle.
force for one year from and after the first clay of July of each
year. Applications for renewal of any certificate of registration
shall be made to the Secretary of State any time within thirty
days previous to the date of the expiration of such certificate, and
if no application for a renewal is received during the time above
mentioned the Secretary of State shall cancel such certificate and
reissue the number. For the registration and issuing of a certifi-
cate and seal a fee of five dollars shall be paid to the Secretary of
State, and a fee of one dollar for each renewal of the same : Pro-
vidcd, no registration of motorcycles shall be required : Provided
further, that of the fee of five dollars paid to the Secretary of
State three dollars shall be paid by the Treasurer of the State to
the treasurer of the county in which the owner of said automobile
resides, to be used for the public roads in said county.
Sec. 3. Upon the sale of a registered motor vehicle, registered
in accordance with the above section, the vendor shall return to
the Secretary of State within ten days from the date of such sale
his said certificate and seal, and such certificate shall be canceled
and the number reissued by the Secretary of State : Provided,
that the A'^endor may, upon application at the time of returning
such certificate and seal, have a new certificate issued to him, con-
taining the original registration number for a motor vehicle
described in such application and owned by him and which is not
licensed under the law. A fee of one dollar shall be paid to the
Secretary of State for the issue of such new certificate, which
shall remain in force until the first day of July following the date
of issue.
Sec. 4. In addition to the conspicuous display of the seal, as
provided in section two of this act, it shall be the duty of the owner
of each and every motor vehicle at all times to have displayed
upon the front and rear of the body of such vehicle, in such manner
as to be plainly visible, the number assigned to it by the Secretary
of State, said number to be in Arabic numerals, black on white
ground, or white on black ground, and not less than three inches
in height, and each stroke to be of a width not less than one-half
inch, and also as a part of said number the name of the State, in
full or abbreviated, and of the same color and on the same ground
as the numerals, the letters of the name to be not less than one
inch in height. There shall also be displayed upon every motor
vehicle in use upon any public highway during the period from
one hour after sunset to one hour before sunrise two lamps in the
front of said motor vehicle, showing a white light, visible within a
reasonable distance in the direction which such vehicle is proceed-
ing, and also a red light in tlie rear of said motor vehicle and
visible for a reasonable distance in the reverse direction : Provided,
that it shall be unlawful to display more than one registration
1909— Chapter 445. 767
number upon the rear of such motor vehicle or a number which
does not entitle the holder thereof to operate such motor vehicle
upon the public highway of the State.
Sec. 5. No motor vehicle shall be used or operated upon the Vehicles not to be
public highway after July first, one thousand nine hundred and piay of numbers'
nine, which shall not display thereon a registration seal, and on ^^^J^j ^^t July,
the rear of said motor vehicle a number as provided in section four
of this act, or which shall display thereon a fictitious seal or Display of
number or a seal or number belonging to any other vehicle. numife'r! °^
Sec. 6. Nonresident owners or operators of motor vehicles shall Nonresident
be subject to the same requirements and laws as resident owners operators of
or operators : Provided, that the nonresident owner of a motor p^q'^so^." ^q^.
vehicle passing through the State of North Carolina shall not be resident owner
... .... , . , • 1 1 • +, • 4- passing through
required to register his vehicle as provided m this act. state.
Sec. 7. No person shall operate a motor vehicle upon the public Operation of
V6iiicl6 B-ftcr 1st
highway after July first, one thousand nine hundred and nine, juiy without
unless such person shall have complied in all respects with the acf\^"b"dd ^'^'^
requirements of this act. In no case shall a person operate a Vehicles not to be
motor vehicle in this State when intoxicated, or in a race, or on a intoxicated^ or"in a
bet or wager, or for the purpose of making a record : Provided, or'ior^making^'^
nothing herein contained shall prevent racing on private race record.
Proviso: racing on
courses or tracks. private courses.
Sec. S. All fees paid to the Secretary of State as provided in Fees to be paid
this act shall be paid into the State Treasury monthly. The SecTet'a^y"o?^state
Secretary of State shall provide all blanks, books and seals neces- koqi^?^*'^! {'^^'^^s,
sary to the furthering of this act, securing the same, as far as may
be. from the State Printer, and all other necessary expenses in-
curred by him ; and necessary extra clerical assistance, not exceed- Allowance to
ing three hundred dollars per annum, shall be paid by a warrant secretary of state,
of the auditor upon the treasurer.
Sec 9. No person shall operate a motor vehicle upon a public Speed on high-
highway at a rate of speed greater than is reasonable and proper, ^^y^-
having regard to the traffic and use of the highway, or so as to
endanger the life or limb of any person or the safety of any prop-
erty, and shall not, in any event, while upon any highway, run at
a higher rate of speed than twenty-five miles an hour, and within Speed in cities
the corporate limits of all cities and villages the rate of speed in1)usinfsT'
shall not be greater than eight miles an hour in the business portion,
portion of any such city or village and not greater than twelve in other portions,
miles an hour in all other portions thereof, subject, however, to the
other provisions of this act and to local regulations.
Sec. 10. Upon approaching an intersecting highway, a bridge, intersecting
dam, sharp curve or steep descent, and also in traversing such daliis.^siiiarp'^' ^^^
intersecting highway, bridge, dam, curve or descent, a person curves and steep
operating a motor vehicle shall have it under control and operate
at such speed not to exceed five miles an hour, having regard to
the traffic then on such highway and the safety of the public.
768
1909— Chapter 445.
In approaching
horses or draft
animals.
Rules of the road,
Stop on request.
Assistance by
male occupants.
Vehicles on
meeting to keep
to the right.
Rule at inter-
section of high-
ways.
Passing other
vehicles.
Assistance from
male occupants.
Sec. 11. Upou approaching a horse or horses or other draft
animals, being ridden, led or driven thereon, a person operating a
motor vehicle shall slow down to a speed not exceeding eight miles
an hour and give reasonable warning of its approach and use
every reasonable precaution to insure the safety of such person
or animal, and in case of a horse or horses or other draft animals,
to prevent frightening the same.
Sec. 12. Any person operating a motor vehicle shall, at request
or on signal from a person riding, leading or driving a horse or
horses or other draft animals, guide such motor vehicle to the
right of the wrought or traveled portion of the highway and im-
mediately bring such motor vehicle to a stop, and, if requested,
shall cause the motor of such vehicle to cease running and to
remain stationary and noiseless so long as shall be necessary to
prevent accident and insure the safety of others ; and it shall also
be the duty of any male chaff eur or driver of any motor vehicle,
and other male occupants thereof over the age of fifteen years,
while passing any horse or horses or other draft animals which
appear frightened, upon the request of the person in charge of
and driving such horse or horses or other draft animals, to give
such personal assistance as would be reasonable to insure the
safety of all persons concerned and to prevent accident.
Sec. 13. Whenever a person operating a motor vehicle shall meet
on a highway any other person riding or driving a horse or horses
or other draft animals or any other vehicle, and there being no
occasion to stop, as above provided, the person operating such
motor vehicle shall reasonably turn the same to the right of the
center of the "traveled portion of the highway, while the person
approaching shall likewise turn from the center of the traveled
portion of the highway so as to pass the motor vehicle on the
opposite side of the center of the highway to which the motor
vehicle has been turned ; and any person so operating any motor
vehicle shall, at the intersection of a public highway, keep to the
right of the intersection of the centers of such highways when
turning to the right and pass to the right of such intersection when
turning to the left.
Sec. 14. If a vehicle drawn by a horse or horses or other draft
animals or a motor vehicle be overtaken by any motor vehicle,
and the person in charge of such motor vehicle expresses a desire
to pass, it shall be the duty of the driver of any such vehicle
or motor vehicle so overtaken as aforesaid to turn either to the
right or to the left of the center of the wrought or traveled portion
of the highway and give the person so making the request an op-
portunity to pass; but, in passing, the person in charge of such
motor vehicle and the other male occupants thereof over the age
of fifteen years shall give such assistance as they are able to the
occupant or occupants of the vehicle they are passing, if assistance
is asked, and in thus passing the chaffeurs. drivers or operators
shall use all due care to avoid accidents.
1909— Chapter 4-i5. ' "^^
Sec 15 In case of accident to person or property upon any pub- J^^J^^^^. «f P-^J-S
lie highway, due to the operation thereon of any motox- vehicle^ iuca^e^of
the person operating such motor vehicle shall «top and gne such
assistance as can be given, and shall, upon request of ^^^ peison
injured or any other person, give such person his name and address
and if not the owner, the name and address of the owner of such
motor vehicle, together with the registered number thereof.
SEC. 16. Local authorities may. notwithstanding the Provisions Re|ui^auons.b,^^
of this act make, enforce and maintain such reasonable ordmances. ^, ^s and
rules or tgulatiins concerning the speed at which motor vehicles parU. a, s.
may be operated in any park or parkway within a city or m-
corporated village, but in no case to permit a greater speed ban is
provided in this act, and as a condition thereto such local authoi-
Ities must, by signs at each entrance of such park and along said Si.ns^at .itrance^
parkway, conspicuously indicate the rate of speed permi ted oi parkways,
required, and may exclude motor vehicles from any cemetery or Cemetenes.
o-rnniids used for the burial of the dead.
^ SEC irNothing in this act shall be construed to -u-tail or CMl^ac^^^^^^^
abridge the right of any person to prosecute a civil action for
damages by reason of injuries to person or property resulting trom
the negligence of the owner or operator or his agent, employee or
servant of any such motor vehicle, or resulting from the negligent
use of the highway by them or any of them.
SEC 18. Any person violating any of the provisions of this act «-^,of .^^^ ^
shall be guilty of a misdemeanor, and anyone who shall be con- punishment.
victed thereof or who shall plead guilty to any complaint for the
violation thereof shall be punished by a fine not exceedmg fifty
dollars and costs of prosecution or by imprisonment not exceeding
twenty days, or both; for the second offense or ;U.y subs^jen Pu^n^^^^^^^^^^^
offense he shall be punished by a fine not exceeding fitty dollai^ ^^^^^,3
and costs of prosecution or by imprisonment for not exceeding
thirty davs. or both, and upon conviction for the third offense the Cerufic.te can-
certificate of such owner shall be canceled for the space of six o„ense.
TE^m All police justices of any city or justices of t^^e peace jurisdiction of
of any township where any such violation shall occur shall have «
jurisdiction to hear, try and pass sentence for any and all violations
of any of the provisions of this act. , , , ..
SEC. 20. Any police officer of any city, any marshal, ^epub Armrest, for^ ^^^
marshal or watchman of any incorporated village or any shenff
or deputy sheriff of any county or any constable of any township
shall have full power and authority within the limits of then-
jurisdiction to arrest any person known personally to any such
officer or upon the sworn information of a credible witness to have
violated any of the provisions of this act. and to immediately brmg
such offender before any justice of the peace or officer having ^^.^^^^ ^^
jurisdiction, and any such person so arrested shall have the right immediate trial.
rub.— 49
770
1909— Chapter 445—446.
Release on
security for
appearance.
Proviso: receipts
for security.
Lists of registered
motor vehicles.
Proviso: fee for
lists.
Act not to apply
to New Hanover
county.
of an imuaediate trial and all other rights given to any person
arrested for having committed a misdemeanor, and, if such hearing
cannot then be had, be released from custody on giving his personal
undertaking to appear in answer for such violation at such time
and place as shall then be indicated, secured by the deposit of
a sum equal to double the maximum fine for the offense with
which he is charged, or in lieu thereof by leaving the motor vehicle
being operated by such person with such officer, or, in case such
officer is not accessible, be forthwith released from custody on
giving his name and address to the officer making such arrest and
depositing with such officer a sum equal to double the maximum
fine for the offense for which such arrest is made, or, in lieu
thereof, by leaving the motor vehicle being operated by such per-
son with such officer : Provided, that in such case the officer making
such arrest shall give a receipt in writing for such sum or vehicle
and notify such person to appear before the most accessible justice
of the peace or other officer having jurisdiction (naming him)
on that or the following day, specifying the place and hour. In
case security shall be deposited, as in this subdivision provided,
it shall be returned to the person depositing forthwith, on such
person being admitted to bail.
Sec. 21. The Secretary of State shall cause to be printed each
and every year a list of all motor vehicles registered under the
provisions of this act, and shall mail a copy of said list to the
sheriff of every county and mayor of every town and city request-
ing a copy: Provided further, that a copy of said list shall be fur-
nished upon application to any person requesting same upon the
payment of one dollar. Said list shall contain the names of all
persons registering vehicles, their place of residence, the make
of vehicle and the registered number of the same.
Sec. 22. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 23. That this act shall be in force from and after its ratifica-
tion, but shall not apply to New Hanover County.
Ratified this the Gth day of March. A. D. 1000.
CHAPTER 446.
AN ACT REQUIRING THE USE OF ELECTRIC OR POWER
HEADLIGHTS ON CERTAIN LOCOMOTIVE ENGINES.
Locomotives on
main lines to be
equipped with
headlights.
The General Assembly of 'North Carolina do enact:
Section 1. That every company, corporation, lessee, manager or
receiver owning or operating a railroad in this State is hereby
required to equip and maintain and use upon each and every
locomotive in operation in railroad service on main lines in this
State an electric or power headlight of at least one thousand five
1909— Chapter 446—447. 771
huudred candle power, measured without the aid of a reflector :
I'rovidcd, that only twenty- five per cent of said locomotives not Proviso: time for
now so equipped shall be required to be so equipped or used by ^^"'P'"^" •
April first, one thousand nine huudred and ten ; another twenty-
five per cent by April first, one thousand nine hundred and eleven ;
another twenty-five per cent by April first, one thousand nine
hundred and twelve, and the remainder by April first, one thou-
sand nine huudred and thirteen : Provided, that this act shall not Proviso: switch
apply to locomotive engines regularly used in switching cars or ^'^^•"^s-
trains ; and further providing that this act shall not apply to Proviso: engines
locomotive engines used exclusively between sunup and sundown, bitween suiufp"^
nor going to nor returning from repair shops when ordered in and sundown.
for repairs : Provided further, that this act shall not apply to Proviso: lines
independently owned and operated railroad companies in this ^^^^P ® •
State whose mileage of road in this State is one huudred and
twenty-five miles or less, nor to railroads having only lines ex-
tending into this State, no one of which is one hundred miles
in length in this State : Provided further, the Corporation Commis- Proviso: corpora-
1- * 4-1 4.- 4. ii • 4- 1, 1 4.- tion commission
sion may relieve from the operation of this act such locomotives may exempt.
and roads or parts or sections or branches of roads upon which
the said Corporation Commission may deem electric or power
headlights not advisable : Provided further, that should an engine Proviso: accident
start on a trip with the headlight in good working condition, and *" headlight.
from some unavoidable cause such headlight becomes disabled and
cannot be repaired on the line of the road on which such run is
being made, there shall be nothing in this act to prevent said
engine from continuing on said trip, and the railroad shall not
be liable for prosecutions on account of such failure.
Sec. 2. That any company, corporation, lessee, manager or re- Misdemeanor,
ceiver violating the provisions of this act shall be guilty of a
misdemeanor.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. iriO!».
CHAPTER 447.
AX ACT TO AMEND SECTION 1733, CHAPTER 37 OF THE
REVISAL OP 1905, IN RELATION TO GRANTS.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand seven hundred and thirty- Prior regulations
three, chapter thirty-seven of the Revisal of one thousand nine rlpeaied^^
hundred and five, be and the same is hereby repealed.
Sec. 2. That one dollar and fifty cents an acre shall be paid Price fixed,
to the State Treasurer for every acre of land that may be entered.
772 1909— Chapter 447—448.
Interest of state Sec. 3. That all lands entered nnder this act for which a grant
board of educa- has been obtained at the price of one dollar and fifty cents an
tion divested. jj^j.g gij^n ^e free from all claims, title or interest that is now
vested in the State of North Carolina or the State Board of Educa-
tion.
Void grants carry Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed, but nothing herein contained shall be
construed to repeal section one thousand six hundred and ninety-
nine of Revisal of one thousand nine hundred and five.
When act Sec. 5. That this act shall be in force from and after April first,
cffGCtivp
one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. 1009.
CHAPTER 448.
AN ACT TO AMEND CHAPTER 218 OF THE PUBLIC LAWS
OF 1907, ENTITLED "AN ACT DENOUNCING CONDUCT
WITHIN THE STATE OF NORTH CAROLINA WHICH IN-
TERFERES WITH TRADE AND COMMERCE."
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter two hundred and eighteen
of the Public Laws of one thousand nine hundred and seven be
amended by adding at the end of said section the following sub-
Conspiracy to put section as subsection (/) : "For any person, firm, corporation or
down or keep • i.- j. • -j., j.i z: ^•
down price of association to conspire with any other person, firm, corporation
article produced or association to put down or keep down the price of any article
by labor of others. '^ i i .
produced In this State by the labor of others, which said article
the said person, firm, corporation or association intends to buy."
Sec. 2. That section six of said chapter be stricken out and the
Application by following inserted in lieu thereof : "That if it shall be made to
for orcferto'sliow appear to the Attorney-General by satisfactory affidavit (which
^^"®*^- affidavit may be made upon information and belief, and when so
made shall state the ground thereof) that any corporation is
violating any of the provisions of this act within the State, it
shall be the duty of the Attorney-General to apply to a judge of
the Superior Court for an order to cause such corporati(m, its
officers and agents, or any of them, to appear before such judge
at a time and place to be named by him, which time shall not be
less than five days from the service of such order, to show cause
why such corporation, its officers and agents, or any of them,
should not produce before such judge, at a time and place to be
named, all the papers, books and records of such corporation ;
Order for pro- and if the judge shall be satisfied that such books, papers and
duction of books ■,-,■,-,, -,-,,-, n , ■, ••_
and papers. records should be so produced he shall make an order requiring
such corporation, its officers and agents, or any of them, to produce
190D— Chapter 4-18—449. 773
all or any of its papers, books and records, to be exainiued by tUe
Attorney-General in the presence of such judge. If any corpora- Failure to appear
tion, its officers or agents shall fail to appear or shall fail to °^ p^fpe'fs a°°'^'*
produce such papers, books or records as may be required, it or misdemeanor.
he shall be guilty of a misdemeanor, and it shall be the duty of the Attorney-general
Attorney-General to cause such corporation or person to be prose- ^'^ prosecute.
cuted therefor. When it shall be made to appear that the papers. Commission for
■ . , . J, ,, examination of
books or records of any such corporation, or any of them, are books and papers.
without the limit of the State or that they cannot conveniently
be produced before the judge for examination, as hereinbefore
provided, such judge may issue a commission for the examination
of such papers, books and records before a commissioner to be
named by him."
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 449.
AX ACT TO MAKE APPROPRIATIONS FOR STATE
INSTITUTIONS.
The General Assembly of North Carolina do enact:
Section 1. That the sum of fifty thousand dollars ($50,000) is School for deaf
hereby annually appropriated for the support and maintenance Appropriation for
of the North Carolina School for the Deaf and Dumb at Morganton, mai?itenaiic1;.
and the further sum of three thousand dollars (.?3.000) is hereby Appropriation for
-, . , , , repairs and
annually appropriated for the years one thousand mne hundred painting.
and nine and one thousand nine hundred and ten for repairing and ni\v^bunding!^ '"'^
painting buildings at said institution, and the further sum of
twelve thousand dollars (.$12,000) is hereby annually appropx'iated
for the years one thousand nine hundred and nine and one thou-
sand nine hundred and ten for the specific purpose of erecting a
new building for said institution.
Sec. 2. That the sum of sixty-five thousand dollars (.$65,000) is J^f/!j^|^°JiJmb
hereby annually appropriated for the support and maintenance of and the blind.
the North Carolina Institution for the Deaf and Dumb and the su^pilor^iuid'"
Blind at Raleigh, and the further sum of fifteen thousand dollars ™pproprtiuon for
^$15.000) is appropriated annually for the years one thousand nine equipment.
hundred and nine and one thousand nine hundred and ten for the
purpose of renewing heating plant, new boilers, pianos and other
necessary improvements.
Sec. 3. That the sum of one hundred and fifteen thousand dol- State hospital at
Raleigh.
lars (.$115,000) is hereby annually appropriated for the support Appropriation for
and maintenance of the State Hospital at Raleigh. maintenance.
774 1909— CiiAPTEK 449.
state hospital at Sec. 4. That the sum of one hiiudred and seventy-five thousand
Appropriation for doHars ($175,000) is hereby appropriated for the year one thou-
maintenan^e. sand nine hundred and nine and the sum of one hundred and
ninety thousand dollars ($190,000) for the year one thousand nine
hundred and ten for the support and maintenance of the State
Hospital at Morgauton.
State hospital at Sec. 5. That the siUB of eighty thousand dollars ($80,000) is
Appropriation for hereby annually appropriated for the support and maintenance of
miiintenance. ^^^ ^^^^^ Hospital at Goldsboro for the colored race.
Soldiers' home. Sec. 6. That the sum of twenty thousand dollars ($20,000) is
hereby annually appropriated for the support and maintenance
Soldiers' of the Soldiers' Home, located at Raleigh, and the further sum
C6rn6t6ry
of two hundred dollars ($200) annually is hereby specifically ap-
propriated for the years one thousand nine hundred and nine and
one thousand nine hundred and ten for the special purpose of
caring for the Confederate Soldiers' Cemetery, which last amount
shall be paid over to the "Wake Cotmty Ladies' Memorial As-
sociation.
College of agri- Sec. 7. That the sum of seventy thousand dollars ($70,000) is
mechanic arts. hereby annually appropriated for the support and maintenance
4^pOT^,ll!d°" ^°^ of the North Carolina College of Agriculture and Mechanic Arts
maintenance. ut Raleigh, and the further sum of eighteen thousand dollars ($1S.-
Appropnation for
permanent 000) is hereby annually appropriated for the years one thousand
improvements. ^^j^^^ hundred and nine and one thousand nine hundred and t(Mi
for permanent improvements and eqtiipment.
University. Sec. S. That the sttm of seventy-five thousand dollars ($75,000)
sup^'ort'^aiid*" ^^ is hereby annually appropriated for the support and maintenance
ApiroprSn for °^ *^^ University of North Carolina at Chapel Hill, and the
permanent further sum of twenty-six thousand dollars ($26,000) is hereby
annually appropriated for the years one thousand nine hundred
and nine and one thousand nine hundred and ten for permanent
improvements and eqtiipment of said institution.
State normal and Sec. 0. That the sum of seventy-five thousand dollars ($75,000)
industrial college. . . , ,, • .t i a- j-i j. j ■ j.
Appropriation for ^^ hereby annually appropriated tor the support and maintenance
support and Qf ^j^g gtate Normal and Industrial College at Greensboro, and the
maintenance. * '
Appropriation for further sum of twenty-six thousand dollars ($26,000) is hereby
improvements. annually appropriated for the years one thousand nine hundred and
lune and one thousand nine hundred and ten for permanent im-
])rovements and equipment of said institution.
Agricultural and Sec. 10. That the sum of ten thousand dollars ($10,000) is
for colored race.^*^ hereby annually appropriated for the support and maintenance of
^PPOT^tllld^" ^^^ ^^^ Agricultural and Mechanical College for the Colored Race at
maintenance. Greensboro, and the further sum of four thousand three hundred
repairs, improve- iind fifty dollars ($4,350) is hereby annually appropriated for the
^weni^e*^ .A'ears one thousand nine hundred and nine and one thousand
nine hundred and ten for repairs, improvements and sewerage
of said institution.
1909— Chapter 449. 775
Sec. 11. That the sum of six thousand dollars (?6,000) is hereby Appalachian
annually appropriated for the support, improvement and main- Appropriation for
tenauce of the Appalachian Training School for Teachers at Boone, support, improve-
'^ ' ° ments and
and the further sum of eight thousand dollars (.$8,000) is hereby maintenance.
annually appropriated for the years one thousand nine hundred buildings!^ '°" °^
and nine and one thousand nine hundred and ten for the com-
pletion and furnishing of the present building and for the erection
of new buildings and the purchase of lands and other necessary
improvements.
Sec. 12. That the sum of seven thousand dollars ($7,000) is Cullowhee normal
hereby annually appropriated for the support and maintenance Appropriation for
of the Cullowhee Normal School, and the further sum of seven support and
mamtenance.
thousand dollars ($7,000) is hereby annually appropriated for Appropriation for
the years one thousand nine hundred and ^nine and one thousand equipment "*^
nine hundred and ten for buildings, equipment and other neces-
sary improvements.
Sec. 13. That the sum of five thousand dollars ($5,000) is hereby Colored
annually appropriated for the support and maintenance of the orphanage.
Colored Orphanage at Oxford.
Sec. 14. That the sum of fifty thousand dollars ($50,000) is East Carolina .
hereby appropriated for the years one thousand nine hundred and schooL^'^ rammg
nine for additional buildings and equipment for the East Caro- bi^ydhigs^aiul" ^^^
lina Teachers' Training School, and the further sum of thirteen equipment,
thousand dollars ($13,(X)0) is hereby appropriated for the year one mamt°eiiance."
thousand nine hundred and nine for the support and maintenance
of said institution, and the sum of twenty-five thousand dollars
($25,000) is hereby appropriated annually thereafter for such
support and maintenance.
Sec. 15. That the sum of five hundred dollars ($500) annually is Guilford battle
hereby appropriated for Guilford Battle Ground Company and ^'"^""^ company,
tsvu hundred dollars ($200) additional annually for two years for
the erection of a monument, and all other appropriations made
for this company are hereby repealed.
Sec. 16. That the sum of ten thousand dollars ($10,000) is Stonewall Jackson
hereby appropriated annually for the years one thousand nine Appropria^tion ifor
hundred and nine and one thousand nine hundred and ten for the maintenance
supi)ort and maintenance of the Stonewall .Tackson Training School
at Concord, and the further sum of ten thousand dollars ($10,- Appropriation for
' permanent
000) is hereby appropriated for the year one thousand nine hun- improvements.
dred and nine for permanent improvements at said institution,
and the sum of ten thousand dollars ($10,000) is hereby ap-
propriated for the year one thousand nine hundred and ten for
permanent improvements. State sanatorium
Sec. 17. That the sum of seven thousand five hundred dollars fuberculosfs"^ °^
($7,500) annually is hereby appropriated for the support and Appropriation for
maintenance of the State Sanatorium for the Treatment of Tul)er- maintenance.
culosis at Montrose, and the further sum of fifteen thousand dol- i^pP^^PE'.f/''^" ^°^
lars ($15,0(X)) is hereby appropriated for the year one thousand improvements.
770
1909— Chaptkr 449—450.
Croatan normal
school.
Hospital for
dangerous Insane.
North Carolina
room in con-
federate museum.
Library for
institution for the
blind.
Croatan normal
school.
Appropriation for
dormitory.
uiue hundred aud nine for permanent improvements at said in-
stitution, and the sum of fifteen thousand dollars ($15,000) is
hereby appropriated for the year one thousand nine hundred and
ten for permanent improvements.
Sec. 18. That the sum of one thousand two hundred and fifty
dollars ($1,250) annually is hereby appropriated for the Croatan
Normal School in Eobeson County.
Sec. id. That the sum of five thousand dollars ($5,000) annually
is hereby appropriated for the Hospital for the Dangerous In-
sane at the State's Prison, the same to be paid out of the funds
belonging to said State's Prison.
Sec. 19a. That the sum of one hundred dollars ($100) per annum
be and the same is hereby appropriated for the purpose of caring
for and maintaining the "North Carolina room" in the Confederate
Museum at Richmond, Virginia, this amount to be paid by the
Treasurer of the State on the order of the president of the North
Carolina Division of the United Daughters of the Confederacy
and to the person designated in such order and for the purposes
above named.
Sec. 20. That all laws aud clauses of laws heretofore made
containing appropriations for any of the institutions or purposes
mentioned in this act are hereby repealed.
Sec 21. That the sum of one hundred dollars ($100) is ap-
propriated to the Institution for the Blind for library incidentals.
Sec. 22. That there is hereby appropriated from the State Treas-
ury the sum of two thousand dollars ($2,000) for the purpose of
aiding in the construction of a dormitory for the Croatan Normal
School in Robeson County, the said sum to be expended and drawn
from the treasury in the same manner as the appropriation for the
maintenance of said school.
Sec. 23. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 450.
AN ACT TO PROVIDE FOR A SYSTEM OF PERMANENT ROAD
BUILDING IN GRANVILLE COUNTY AND TO AUTHORIZE
THE BOARD OF COMMISSIONERS OF GRANVILLE COUNTY
TO ISSUE BONDS, AND FOR OTHER PURPOSES.
Purpose of bond
issue.
Bond issue
directed.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of permanently improving,
macadamizing and otherwise working the public roads of Gran-
ville County the board of county commissioners of said county
is hereby authorized, empowered and directed to issue coupon
1909— Chaptee 450. 777
bonds of said couuty to an amount not exceeding one hundred Amount.
tliousand dollars, said bonds to be in denominations of not less Denominations,
than tire hundred dollars, bearing interest from the date of issue,
at a rate not to exceed five per cent per annum, payable semi- Interest.
annually, such bonds to be of such form and tenor and transferable Maturity,
in such way and the principal to be payable at such time or times
not exceeding thirty years from the date of the issue of said
bonds and at such place or places as the said board of county
commissioners may determine : Provided, that the said board of Proviso: adver-
county commissioners shall advertise the sale of said bonds and of bonds,
invite bids for same, but none of said bonds authorized by this act Bonds not to be
shall be disposed of, either by sale, exchange, hjiiothecatiou or ^° ^ °^ ^^^'
otherwise, for a less price than their par value and accrued inter-
est: Provided further, that the said board of county commissioners Proviso: regis-
inay direct that the bonds issued pursuant to this act may be ^^^ °" ^"
registered.
Sec. 2. The said bonds shall be numbered and shall be signed Authentication.
by the chairman of said board of county commissioners and at-
tested by the treasurer of said county, with the corporate seal
of said county of Granville affixed thereto, and the coupons shall
bear the engraved or lithographed signature of the chairman of
the said board of county commissioners.
Sec .3. The board of county commissioners shall have a record Record of bonds,
kept of all the bonds issued under the provisions of this act in a
book provided for that purpose, showing to whom the bonds are
sold, the amount and date of sale and the number and date of the
maturity of each bond.
Sec. 4. In order to pay the interest upon said bonds, the Board Special tax for
of County Commissioners of Granville County or other authority
vested with the power of levying taxes in Granville County shall
annually compute and levy at the time of levying other taxes a
special tax upon the polls and upon the real and personal prop-
erty and all other subiects of taxation in said county, alwavs ob- Constitutional
equation.
serving the constitutional equation between the levy on polls and Proviso: special
property: Provided, that after ten years from the date of the fund^""" ^"^'""^
issue of said bonds the said board of county commissioners or other
authority vested with the power of levying taxes in Granville
County shall annually compute and levy, in addition to the levy
of the special tax to pay the interest on said bonds, a special tax Rate.
of not exceeding thirty cents on each poll and ten cents on each
one hundred dollars valuation of property for the purpose of
creating a sinking fund, to be used either in the purchase of said
bonds or any of them in the open market or to pay off said bonds
at their maturity.
Sec. o. That it shall be the duty of the said board of county Investment of
commissioners to annually invest any and all moneys arising from ^'"'^'"^ ^"" •
the special tax for said sinking fund in the purchase of any of
said bonds at prices deemefl advantageous, but in the event that
778
1909— Ohapteu 450.
Proceeds of bonds.
Amount paid in
to county
treasurer for use.
Balance deposited
on interest.
Proviso: further
payments to
county treasurer.
Proviso: bond of
treasurer.
Proviso: compeli-
sation of treasurer.
Proviso: premium
on treasurer's
bond.
Payment of
expense of bond
issue.
Use of proceeds
of bonds.
Proviso: responsi-
bility of treasurer.
Appointment of
engineer.
the said bouds cannot be purchased at prices deemed advantageous
by said commissioners, the said sinking fund shall be invested by-
said commissioners in bonds of the United States, North Caro-
lina State bonds, bonds of any county, city or town of the State of
North Carolina or upon notes or bonds secured by a deposit of
any of the aforesaid bouds as collateral security or upon notes
or bonds secured by mortgage on real estate, such loans on real
estate not to exceed two-thirds of the assessed taxed valuation of
said real estate.
Sec. 6. That the proceeds of the sales of the bonds herein author-
ized shall be handled and disbursed as follows: Fifty thousand
dollars of such proceeds to be paid over to the treasurer of said
county of Granville, to be by him disbursed upon proper vouchers
issued by order of the said board of county commissioners, and
the balance of the proceeds of the sales of said bonds shall be
deposited in such national banks as may be designated by the board
of county commissioners, at such rate of interest as may be agreed
upon between such banks and the board of commissioners : Pro-
vided, that whenever it shall become necessary to place in the
hands of the said treasurer any further portion of such proceeds
the said board of county commissioners shall designate the amounts
to be paid over to the treasurer from time to time; and Provided
further, that the said treasurer shall execute and file with the
board of county commissioners of said county a bond in the penal
sum of at least fifty thousand dollars, conditioned for the faith-
ful performance of his duties and the proper accounting for all
money received by him under the provisions of this act; and Pro-
vided further, that the said treasurer shall receive in full com-
pensation for all services rendered by him in relation to said
money a commission not exceeding one-half of one per cent upon
the total amounts disbursed by him ; and Provided further, that
if the said treasurer shall give corporate surety on said bond the
premium charge for such bond shall be paid by the said board of
county commissioners from and out of the money arising from the
proceeds of the sale of the bonds authorized bj^ this act.
Sec. 7. That all the expenses incident to the preparation, issue
and sale of said bonds shall be paid by the said board of county
commissioners from and out of the proceeds of the sales of said
bonds.
Sec. 8. That the money arising from the sale of said bonds shall
be expended by the board of county commissioners in constructing
and maintaining permanent roads in said county of Granville after
the most modern and approved methods : Provided, hoioever, that
the purchasers of said bonds shall not be required to see to the
application of said money for the purposes aforesaid.
Sec. 9. The board of county commissioners of said county of
Granville shall appoint a competent civil engineer who is ex-
1909 — Chapter 450. 77!)
perienced in the construction and maintenance of improved roads
for such term and at such compensation as the said board may
determine, who shall be known and designated as the county road
engineer, whose duties shall be to lay out, locate, relocate, change, Duties,
grade or otherwise alter any of the public roads of said county,
to prepare plans and estimates of the cost of constructing per-
manent improved roads, to supervise all construction work that
shall be done by contract, to supervise and see that all work is done
according to contract, and to supervise and direct the working
of the roads in these several townships by the supervisors and
road overseers of the county.
Sec. 10. The said board of county commissioners is hereby au- Roads may be
thorized. when in its judgment the best interests of the county '^ n r .
will be promoted, to let by contract the building and maintaining
of any section or portion of any public road in the county : Pro- Proviso: limit on
vided, the contract price per mile of construction shall not exceed p^'°^-
the estimate made by the county road engineer.
Sec. 11. That the expense of maintaining, working and guarding Expense of
the convict force of the county shall be paid from and out of the ^o"'^''^' force,
proceeds arising from the sales of the bonds authorized by this
act.
Sec. 12. That the said board of county commissioners shall cause Itemized quar-
to be published quarterly statements of expenditures made under t^^e published!
the provisions of this act, which statements shall contain an
itemized account of all money disbursed and the purpose for which
the same was expended.
Sec. 13. That there shall be elected annually bv the board of Election of
, .. .^r.^^ 1 11,, 11 superintendent of
county commissioners a superintendent of roads, who shall be roads.
paid such compensation as may be fixed by the board of county Compensation.
commissioners, to be paid out of the funds arising from the sales
of the bonds herein authorized, who shall hold office for one year Term of office.
or until his successor has been elected and qualified : Provided, Proviso: removal
for C3/USP
that the said superintendent of roads may be removed by the board
of county commissioners upon ten days' notice, when in the opinion
of the board there exists a sufficient cause for such removal. It Duty of
shall be the duty of the said superintendent of roads to have
charge of the convict force and to do such other work on the roads
of the county as the board of commissioners may direct, under
the supervision of the county road engineer, and the said road Monthly reports,
superintendent shall submit to the board of county commissioners
a monthly report of the work done by him, and he shall submit Quarterly reports.
a quarterly report showing the work done and the tools, im-
plements, teams and other equipment belonging to the county under
his charge. Said road superintendent, before entering upon the Superintendent
duties of his office, shall file with the board of county commis-
sioners a bond in the penal sum of two thousand dollars, to be
approved by the said board of county commissioners, for the faith-
ful discharge of the duties of his office, which bond shnll be
registered and filed as other official bonds.
780
1909— Chapter 450.
Guards and
employees.
Prisoners to be
worked on roads
Proviso: exchange
with other
counties.
Convicts sen-
tenced from other
counties.
Payment of cost
of convicts.
Proviso: pliysical
disability.
Persons subject
to road duty.
Road duty.
Proviso: warning.
Proviso: emer-
gency work.
Sec. 14. The board of county commissiouers shall appoint, with
power at auy time to remove or discontimie, such guards or other
employees as may be needed to properly take care of and work the
convict force.
Sec. 15. That all prisoners confined in the county jail under a
final sentence of the court for crime, or imprisoned for nonpayment
of costs or fine, or under final judgment in cases in bastardy, or
under the vagrant act, or all insolvents who shall be imprisoned
by any court in said county for nonpayment of costs, and all per-
sons who would otherwise be sentenced in said county to the
State's Prison for a term of less than ten years shall be worked
on the public roads of Granville County: Provided, that in case
the number of persons at any time be less than ten the commis-
sioners may arrange with the commissiouers of any neighboring
county or counties for such exchange of prisoners during alternate
months or years as will enable each such co-operating county to
thereby increase the number of prisoners at work on the public
roads at any given time; and upon application of the chairman
of the board of county commissioners of said county the judges of
the superior and criminal courts, the justices of the peace and
the principal officers of any municipal or other inferior court
presiding in any other county or counties which do not otherwise
jirovide for the working of their own convicts upon their own
public roads shall sentence such able-bodied male prisoners to
work on the public roads of Granville County; and the cost of
transporting, guarding and maintaining such prisoners as may be
sent to Granville County shall he paid by said county out of the
road fund : Provided, that in case of a serious physical disability,
certified by the county physician, such prisoners may be sentenced
to the State's Prison or the county jail.
Sec. 1G. That all able-bodied male persons of the county of
Granville betAveen the ages of eighteen and forty-five years, except
residents of incorporated cities and towns and such persons as are
now or may hereafter be exempted by the General Assembly or
the board of county commissioners, shall work on the public roads
of said county for four days of nine hours each in each and every
year, at such times and place and in such manner as may be
designated by the county road engineer, the road superintendent or
township overseers : Provided, that each person who is subject to
road duty shall be given at least three days' notice by personal
warning or by leaving a written notice at the home or residence
of such person, specifying in such notice the time and place, when
and where such work is to be performed, and also designating
in such notice the tool or implement, if any, with which such per-
son shall be required to work : Provided further, that in case of
washout or other unexpected obstruction to travel the three days'
notice shall not be necessary, and any person liable to road duty
in the township in which such obstruction to travel may occur
1909 — Chapter 450. 781
shall, upon being properly notified by the road superintendent or
overseer, respond to such notice with reasonable promptness for
the purpose of doing whatever work may be necessary to repair
the road : Provided fnrther, that any person may, in lieu of Proviso: com-
working four days on the public roads, pay on or before the first
day of April of each year to the county treasurer, road super-
intendent or overseer the sum of three dollars ; and upon payment
of said money or any part thereof it shall be the duty of the
treasurer, road superintendent or overseer to issue to such person
a receipt for the same, stating therein the amount and the year
for which the same is paid. All moneys paid under this provision Commutation to
shall be promptly turned over to the county treasurer and by him
credited to the road fund of the county: Provided further, that Proviso: locality
no person liable to road duty under this section shall be required
to work on the public roads outside of the township in which
he resides ; and Provided further, that any person coming of Proviso: persons
, , . .-,.-• . ,. r,j.j.-i becoming subject
road age or becommg a resident of any township or road district to road duty.
after the first of April shall be required to work out the remaining
proportionate part of the road labor required by this section for
that year or to pay the proportionate part of the money require-
ment in lieu of such work.
Sec. 17. That any person who shall, after being duly notified as Failure to dis-
provided in section sixteen of this act, fail to appear and work a m^ifde'meano'r!^
as required to do, after having failed to pay the sum of three
dollars, or any person who shall appear as notified and fail or
refuse to perform good and reasonable labor as required by the
road superintendent or overseer, shall be guilty of a misdemeanor,
and upon conviction shall be fined not less than three nor more Punishment,
than ten dollars or sentenced to work on the public roads of the
county for not less than ten nor more than thirty days.
Sec. is. That the board of county commissioners shall annually Township super-
appoint in each township three suitable men as supervisors of the ^'*°'"^-
public roads of the township in which they reside. The said super-
visors thus appointed shall, within thirty days after being notified Supervisors to
of their appointment, meet and organize by electing one of their OTganfze.
number as chairman and one as secretary, and such chairman Organization.
and secretary shall perform such duties as may be assigned them.
Said supervisors shall, at the first meeting held by them in each Division and
year, divide the roads of their townships into sections and appoint over"s^erT.'^"* °^
an overseer for each section. Said supervisors shall at the same Allotment of
time allot the hands to said overseers and shall designate the bound- '^^""^^■
aries or points to which each person liable to road duty shall
be required to work, and shall, within five days after such meeting,
certify to each overseer written notice of his appointment, with
a list of the hands assigned to his section : Provided, that the Proviso: changes,
supervisors may at any time alter sections of roads or allotment of
hands, but they shall give notice of all such changes to the over-
seers. Said supervisors shall ser^-e and be liable as such for Term of super-
neglect of duty until they are relieved by the board of county com- Annual meetings
missioners. In addition to the meeting above prescribed, the said of supervisors.
'82
1909— Chapter 450.
Annual reports.
Pay of super-
visors.
Proviso: limit.
Pay of cliairman
making report.
Roads dividing
townsliips.
Refusal to serve
as supervisor or
overseer a mis-
demeanor.
Failure to perform
duty a misde-
meanor.
Reports to
solicitors.
Overseer liable
to road duty.
Required to serve
one year.
Overseer may
resign.
Reappointment.
Times for working
roads.
Annual reports
of overseers.
supervisors sl^all meet on the first Monday in November of each
and every year to receive reports from the overseers of their
townships as to the condition of the public roads in such town-
ships. Said supervisors, through their chairman, shall, on the first
Monday in December of each year, file with the board of county
commissioners a written report of the condition of all the public
roads in their respective townships, and said report shall also set
forth any and all failures on the part of overseers or persons liable
to road duty in the performance of any duty provided for in this
act.
Sec. 19. That said supervisors shall be paid out of the road fund
of the county the sum of one and fifty-hundredths dollars per
day for their services under the provisions of this act : Provided,
they shall not receive pay for more than two days in any one year;
and the chairman of the supervisors in each township shall be paid
one and fifty-hundredths dollars and mileage for his services in
making the annual report to the board of commissioners.
Sec. 20. That when a public road shall be a dividing line between
townships the supervisors of said townships shall determine as to
how said road is to be divided into sections and worked, and
shall give notice of the appointment of overseers and the allot-
ment of hands.
Sec. 21. That any person appointed supervisor or overseer who
shall refuse to serve as such, unless relieved by the board of county
commissioners, shall be guilty of a misdemeanor ; and every super-
visor or overseer who shall fail to perform any of the duties im-
posed by this act shall be guilty of a misdemeanor, and it shall
be the duty of the board of county commissioners to report the
names of all supervisors and overseers who fail to discharge their
duties as prescribed by this act to ttie solicitor.
Sec. 22. That no person shall be appointed overseer who is not
liable to road duty, and every person appointed overseer shall be
required to serve as such for at least one year. Overseers may
resign after the expiration of one year, provided their road shall
be in good condition and the supervisors shall so find ; and any
overseer so resigning, and whose resignation has been accepted by
the supervisors, shall not without his consent be again appointed
overseer until after the expiration of one year from the date of
his resignation.
Sec. 23. That every overseer of roads appointed under the pro-
visions of this act shall work his section of the public roads of a
county two successive days in the months of April and September of
each and every year. Every overseer shall, on the first Monday in
November of each and every year, make a written report to the
supervisors of his township of the condition of his road, of the
number of days worked on his section since the last meeting of
said supervisors, of the number and names of the hands who at-
tended and worked each day. of the number and names of the
1909— Chaptek 450. 783
bauds who failed to attend and work, whether or not they were
legally notified, and whether or not they paid the sum of three
dollars as is provided in this act, which said report shall be sub-
scribed and sworn to before some person authorized by law to
administer oaths. If it shall appear from the report as aforesaid Prosecutions for
that any hand, after being legally notified, has failed to attend and cliarge road "duty,
work on said road and has not paid the three dollars as provided
in this act, then it shall be the duty of said supervisors to have
a warrant issued against any such hand and have him tried for
the offense : Provided, that nothing herein contained shall prevent Proviso: over-
the overseer of any road or any other person of the county from prosecute,
prosecuting at any time after the offense has been committed any
hand for failure to work on the public roads ; and if any hand has Overseers to
been prosecuted for failing to work on the public roads each over- tions.
seer shall report this fact to the supervisors, so that the super-
visors may not prefer another prosecution for the same otf ense.
Sec. 24. Every overseer of the public roads, when the supervisors Footways and
of his township so direct, shall cause to be made and kept in
repair for the convenience of travelers on foot, good and sufficient
footways over all swamps and streams that may cross the section
of the public road allotted to him, aud when the supervisors shall
so direct he shall also erect and keep in repair band rails on
each side of all hollow bridges situated on his section of the public
roads.
Sec. 25. Every overseer shall be paid from and out of the road Pay of overseers,
fund the sum of one dollar for each day he is engaged in warning
oi- notifying the hands to work on the section of the public roads
allotted to him and for the day on which he is required to make
bis annual report to the supervisors of his township : Provided, Proviso: limit,
that no overseer shall be paid for more than three days in any
one year.
Sec. 20. That all roads laid out or opened by virtue of any act Public roads
of the General Assembly or pursuant to any order of court or by
resolution of the Board of Commissioners of Granville County are
hereby declared to be public roads, and the board of county com- Powers of county
, ,, , . ,, , ^, -J. X. -, J.-, ■, . commissioners to
missioners shall have full power and authority to order the laying open, discontinue
out and opening of public roads where necessary and to appoint °'" ^^^'^^ roads,
where bridges shall be built, to discontinue such roads as shall be
found useless and to alter roads so as to make them more useful
and convenient to the traveling public. All public roads of the Width of roads,
county shall be at least thirty feet wide, with authority to the com-
missioners to widen any road of the county not exceeding sixty
feet in width.
Sec. 27. That for the purpose of carrying out the provisions of Entry on land
this act the county road engineer, the county superintendent of
roads and the overseers are authorized to enter upon any lands near
to or adjoining any public roads, to cut aud carry away timber
784
1909 — Chaptee 450.
Drains or ditches,
Forfeit for
obstructing drains
or ditches.
Account for
materials.
Procedure for
ascertainment of
value.
Power to locate,
relocate and
change roads.
Claims for
damages.
Procedure for
assessment of
damages.
(except trees or groves ou improved lauds planted or left for
ornament or shade), to dig or cause to be dug any gravel, sand,
soil, clay or stone which may be necessary to construct, improve
or repair said roads, and to enter upon any lands adjoining or
lying near the road in order to malve such drains or ditches through
the same as they may deem necessary for the betterment of the
roads, doing as little injury to said lauds or the timber or im-
provements thereon as the nature of the case and the public good
will permit ; and the drains and ditches so made shall be conducted
to the nearest ditch, drain or water course or waste ground,
and shall be kept open by the said superintendent or overseer and
shall not be obstructed by the owner or occupant of such lands
or any other person or persons, under the penalty of forfeiting
a sum of not less than five dollars nor exceeding ten dollars or im-
prisonment or work on the public roads of the countj^ for not less
than ten nor exceeding twenty days for each and every offense,
said penalty to be paid over to the county treasurer and applied
to the road fund of the county; and if such penalty be not paid,
then it shall be the duty of the road superintendent, overseer or
any other person of the county to institute a criminal action against
any person violating the provisions of this section.
Sec. 2S. If the owner of any lands or the agent or agents of
such owner having in charge lands from which timber, gravel, sand,
soil, clay or stone has been taken shall present an account for the
same through the county road engineer, road superintendent or
overseer at any regular meeting of the board of county commis-
sioners within thirty days after the taking and carrying away of
such timber, gravel, sand, soil, clay or stone, it shall be the duty
of the said commissioners to pay for the same a fair price ; and
before deciding upon this they may cause to be appointed an im-
partial jury of three freeholders, one to be selected by the county
road engineer, road superintendent or overseer, one by the party
claiming damages, and the third to be selected by these two, which
jury shall report in writing to the board of commissioners their
award of damages, which award shall be binding upon the party
claiming damages and upon the county.
Sec. 29. That subject to the approval of the board of county
commissioners the county road engineer, road superintendent or
overseer of roads are hereby given discretionary power to locate,
relocate, widen or otherwise change any part of any public road
where in their judgment such location, relocation or change will
prove advantageous to public travel.
Sec 30. That when any person or persons on whose land the
new road or part of the road is located claims damages therefor,
and within sixty days after the change in the road is ordered
petitions the board of county commissioners for a jury to assess
the damages, the said board of commissioners, within not less
than fifteen nor more than sixty days after the completion of
1909 — Chapter 450. 785
said road, shall order a jury of three disinterested freeholders to
be summoned by the sheriff or other officer as provided by law, who
shall give said landowners or their local representatives forty-
eight hours' notice of the time and place when and where said
jury will meet to assess the damages; and said jury, being first Benefits to be
duly sworn, in considering the question of damages, shall take
into consideration the benefits to the owner of the land, and if
said benefits be considered equal to or greater than the damages
sustained the jury shall so declare; and said jury shall report
in writing its findings to the board of county commissioners for
confirmation or revision : Provided, that if said landowner be a non-
resident of the county and have no local representative in said
county it shall be deemed sufficient service of said notice for said
sheriff or other officer to forward by United States mail a written
notice of the purpose, time and place of such meeting of said jury
to the last known post-office address of such landowner seven
days in advance of such meeting, and also to post a notice of the
same for seven days at the courthouse door of said county : Pro- Proviso: payment
vided -further, that the damages awarded, if any, shall be paid ° amages.
out of the road fund of the county.
Sec. 31. That in case the landowner or his local representative Right of appeal,
shall be dissatisfied with the finding of the jury provided for in
the preceding section, and with the decision of the county com-
missioners, he may appeal from the finding of the jury and the
decision of the county commissioners to the Superior Court of the
county, and all such appeals shall be governed by the law regulating
appeals from courts of justices of peace, and the same shall be
heard de novo; but the judge may in his discretion require the Judge may
landowner to give bond when the case is taken by appeal to the app^aL °" °"
Superior Court.
Sec. 32. That the words "roads" and "public roads" used in this Roads and public
act shall include any and all bridges in the county.
Sec. 33. Any person injuring a signboard or milepost shall be Injury to sign-
guilty of a misdemeanor, and upon conviction shall be fined ten g, misdemeanor.
dollars.
Sec. 34. The board of county commissioners shall appoint road Road walkers.
walkers or inspectors, whose duty it shall be to travel the section Duties.
of roads assigned to each at designated times, with such tools
as may be necessary to remove leaves, stones or other obstructions
from the roadbeds or ditches which are likely to cause mudholes
or do other damage, and shall fill the holes with sand or i-ocks or
causeway them so as to cover thom. Each road walker shall re- Pay of road
ceive such pay as the board of connnissioners may stipulate. ^^ ^^^'
Sec. 35. Any person cutting a ditch across any public road for Ditches across
private advantage shall keep the same covered in a substantial coverecr
manner, subject to the approval of the superintendent of roads. „ .,
„ .,. . , , . Failure a misde-
Any person failing to keep said ditch so covered shall be guilty meanor.
Pub.— 50
786
1900— CiiAPTKK 450 — 451.
Punishment.
Railways to erect
and maintain
bridges.
Railways not to
obstruct drainage
or empty water
on roads.
Misdemeanor.
Punishment.
Considerations
determining
precedence of
work.
Rules and
regulations.
Meetings of
county com-
missioners.
Certified copies of
act to be sent to
county com-
missioners.
of a misdemeanor, aud upon couviction shall be lined for each of-
fense not more than fifty dollars or imprisoned not more than
thirty days.
Sec. 36. Railways and other corporations shall erect and main-
tain in a substantial manner all bridges which may be necessary
in crossing their tracks, and they shall not obstruct the drainage
of any portion of the road or empty into the road the water from
their ditches. Any railway company or other corporation violating
the provisions of this section shall be guilty of a misdemeanor,
and upon conviction shall be fined in the discretion of the court.
Sec. 37. The board of county commissioners, in determining upon
the road to be permanently improved under the provisions of this
act, shall take into consideration the needs of the entire county
and every part thereof, and shall open -and permanently improve
those roads which in their opinion will be a benefit to the greatest
possible number of people of the county, treating every section of
the county with equal justice.
Sec. 38. The board of county commissioners of said county of
Granville may adopt such rules and regulations for the construction
and maintenance of the public roads of said county as may be
deemed necessary or advisable.
Sec. 30. The Board of County Commissioners of Granville
County may hold meetings at such times as may be necessary to
attend to the duties imposed by this act, and the members shall
be paid the same per diem and mileage as they receive as county
commissioners.
Sec. 40. That all laws aud clauses of laws in conflict with this
act are hereby repealed.
Sec. 41. The Secretary of State shall, immediately upon the
ratification of this act, send three hundred certified copies hereof
to the Board of County Commissioners of Granville County.
Sec. 42. That this act shall be in full force and effect from and
after its ratification.
Ratified this the Sth day of March. A. D. IDW.
CHAPTER 451.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF SCOT-
LAND COUNTY TO ISSUE TOWNSHIP BONDS TO BUILD
PUBLIC ROADS, IF VOTED FOR BY THE QUALIFIED
VOTERS OF THE TOWNSHIP.
Purposes of bond
issue.
The General Assemblii of North Carolina do enact:
Section 1. That for the purpose of building, rebuilding, grading,
improving, extending and maintaining in good order the public
roads of the various townships of Scotland County, the Board of
IDOy — CiiAi'TEU 451. 787
Commissioners of Scotlaud County and their successors iu office
shall have the power and it shall be their duty, if so authorized
by the election hereinafter provided for, iu any township of said
county, to sell bonds of such township as shall adopt the provisions sale of bonds
of this act by the election hereinafter provided for, in the following authorized,
amouuts : Stewartsville Township, fifty thousand dollars ; Wil- Townships and
liamson's Township, thirty thousand dollars; Laurel Hill Town- '*^™°""'^'
ship, twenty thousand dollars ; Spring Hill Township, ten thousand
dollars, or so much of said amount for each township as the board
of road commissioners for such township, as hereinafter provided
for, may notify the board of county commissioners, in writing, shall
be necessary to carry out the provisions of this act. Said bonds Bonds not to be
shall not be sold for less than par value. Said bonds shall be olnominations.
issued in denominations of not less than one hundred dollars each
nor more than one thousand dollars each, and shall be interest-
bearing coupon bonds, bearing interest at the rate of six per centum interest.
per annum and maturing thirty years from the date of issue. Said ^ ^^""^> •
bonds shall be prepared and issued by order of the board of county
commissioners for and in behalf of the township voting the same,
as hereinafter provided, and shall be signed by the chairman of the Autlientication.
board of county commissioners and attested by the Register of
Deeds of Scotland County. Said bonds shall state on their face
for which township they are issued and that they are public-road
bonds issued by authority of this act ; and the purchase price of
said bonds shall be paid to the Treasurer of Scotland County and
disbursed by him as hereinafter provided for.
Sec. 2. For the imrpose of paying the interest on all bonds issued Special tax for
and sold under this act, there shall be levied and assessed each '" ^'^^^ "
year, at the time county taxes are levied and assessed, by the tax-
levying authorities of Scotland County having the authority to
levy taxes for county purposes, upon all taxable property, both
real and personal, of every kind and description, and on all polls,
if permitted by law to levy such tax on polls, of each township
nil liehalf of which bonds may be issued and sold under this act,
a tax sufficient to pay the interest on said bonds so issued and
sold and the cost of collecting and disbursing said taxes ; and after Special ta.x for
said bonds shall have lieen running for ten year's said county P'"'"^'!'"-!-
c-ommlssioners or other authority as aforesaid shall, each year,
until all of said bonds, princi])al and interest, shall be paid, com-
pute, levy and assess upon all taxable property of every kind and
on such polls as may by law be subject to taxation for such
purposes, taxable in and for such townshiji. a tax sufficient to pay
one-twentieth of the principal of said township bonds annually :
Provided, that in the levy and assessment of said taxes, when Proviso: consti-
lawful to be laid upon polls, the ccmstitutional equation shall be '"^'O"^' equation,
preserved lietween property and jioils.
Skc. 3. That on the first Saturday in May. in tlic year one thou- Date for election,
sand nine hundred and nine, there shall Ix' ;iii election in each
788
1909— CiiArxER 451.
Polling places.
Question to be
determined.
Ballots.
Law governing
elections.
Returns.
Canvass of returns
and declaration
of results.
Issue and sale of
bonds.
Record of bonds.
Township road
commissions.
and every township of said county of Scotland, at the polling
places provided by law in said townships, to determine the ques-
tion of improving the roads as herein provided for, issuing the
bonds, levying the taxes with which to pay the interest and prin-
cipal of the same and redeem same when matured. At said elec-
tion those favoring the improved roads, bonds and taxes herein
provided for shall vote a ballot upou which shall be written or
printed the words "For Good Roads," and those opposed shall vote
a ballot upon which shall be written or printed the words "Against
Good Roads." The election shall be held under the law governing
special elections of North Carolina, except that the returns of the
results of said elections shall be made to the board of county com-
missioners, who shall canvass the returns and declare the results of
said elections and cause the returns from said elections to be
recorded in the book of record of elections in the county. The said
board of commissioners shall issue and sell said bonds on behalf
of those townships wherein a majority of the qualified votes cast
are for good roads, as herein provided, when called upon by the
township board of road commissioners hereinafter provided for,
which request to issue same shall be filed by the township road
commissioners and incorporated in the regular minutes of the
board of county commissioners. When requested to sell said bonds
the said boai'd of county commissioners shall proceed to sell the
same as speedily as is compatible with the preparation and procure-
ment of fair offers for same, and no bonds provided for in this
act shall be sold for less than par and no bonds shall be sold
on behalf of any township wherein a majority of the qualified
voters shall have voted "Against Good Roads."
Sec. 4. It shall be the duty of the said board of county com-
missioners to provide a suitable permanent record book for the
office of the register of deeds ; and the register of deeds of said
county, as clerk to said board of commissioners, shall make a
fair entry thei-eon of each and every bond sold, for what township,
where and when payable, both as to principal and interest, and
for which township sold and amount received for same, and said
record shall have suitable blank spaces in which to enter the
various payments when made, which entries the board of county
commissioners shall cause to be made so as to show all outstand-
ing bonds, all payments made on same, and shall enter the bonds
of each township separate from those of the other townships.
and provide ample space for all future entries to be made, so as
to show a correct account of same throughout the period of time
said bonds shall be outstanding.
Sec 5. That in the event the election provided for shall dis-
close a majority of the qualified voters favoring good roads, bonds
and taxes in any township of the county, such township shall
come within the provisions of this act, and the supervision of the
1909 — Chapter 451. 789
public roads of such township shall thereafter be under the entire
and complete control of three commissioners elected for such
township, who shall be styled "Road Commission
Township." The term of office of said commissioners shall be Term of office.
three years, and the terms of office of the commissioners appointed
under this act shall be so arranged by lot as to designate one
whose term of office shall expire the first Monday in April, one
thousand nine hundred and ten ; another one year later, and the
third a year thereafter ; said commissioners to hold until the suc-
cessor is elected and qualified. Said township road commissioners Commissioners to
shall be resident freeholders of the township for which elected, holders^of \own-
and each shall take, subscribe and file with the Clerk of the Su- ship.
perior Court of Scotland County an oath for the faithful, honest
and lawful discharge of the duties of the office. They shall elect Organization,
one of their number chairman and another secretary, and shall Records.
keep a record of their transactions, which shall be open to in-
spection to any taxpayer of the county. They shall make a re- Annual reports.
port annually to the board of county commissioners of their
dealings with the road fund, the same to be filed in the office of
the clerk to the board of county commissioners and carefully
preserved among the records of said office. A majority of the Quorum,
township commissioners shall be necessary at any meeting to
transact business.
Sec. G. That said township road commission, when organized Title of coramis-
as aforesaid, shall be known and styled "Road Commission ^'°"'
Township," and as such may hold, acquire, purchase and receive, Power to acquire
by gift, devise or otherwise, property and money for the benefit ^""^ '^°^^ p^p^''^^-
of the public roads of the township ; and it shall be the duty of Duties of com-
said road commission to locate, relocate, widen, grade or other- "''^^'°'^-
wise change any public road in their township or any part thereof,
or to cause the same to be done, where, in the judgment of the
commissioners, such location, x-elocation or change, as aforesaid,
will prove advantageous to the general public, and shall employ
a competent road engineer or surveyor, trained or experienced in
locating and grading and laying out roads, who shall make such
surveys and plans for laying out, grading and improving the
public roads of the township as shall be needful to properly carry
out a general scheme of good roads for the township, having in
view the connecting up of a full and complete connected system
for the county ; and for the purpose of laying out, locating, re- Employment and
locating, widening, changing, opening up, constructing and work- ^^^ °^ labor.
ing any public road within said townships the road commission
thereof shall have power and authority to employ all necessary
labor and fix the compensation of the same, and buy all material Material and
and machinery found necessary, and draw orders on the Treas- ™^'='""®''y-
urer of Scotland County as hereinafter provided for said road
funds ; and said road commissioners or any one acting under their Enfrv°on1and for
authority, by their direction or under their supervision, may enter road building.
'90
1909— CliAPTER 451.
Power to take
material.
Proviso: roads
may be let to
contract.
Proviso: specifi-
cations.
Proviso: work not
paid for until
approved.
Procedure for
assessment of
damages.
Payment of
damages.
Right of appeal
Judge may require
bond.
Election of super-
visors.
upou the lands of auy person situate iu said township and proceed
to open, build and construct or change a public road, and may
use stone, clay, sand, earth, timber or any necessary material
contiguous to said road for opening, constructing, changing and
working said road: Prodded, that the township road commission-
ers may in their discretion let out by contract at fair and equitable
prices the work of building, grading and constructing or repairing
of any road or portion of road iu their respective townships :
Provided, that said work shall be done according to specifications
l)repared by the civil engineer : Provided further, that no work
shall be received or paid for until the same shall have been aj)-
proved by the road supervisor and the township road commis-
sioners.
Sec. 7. That when auy person or persons on whose laud the
new road or part of road is located, or an old road to be widened,
changed or extended, claims damages therefor in excess of what
the township road commissioners deem just and offer to pay, and
within thirty days shall petition said township road commission
for a jury to assess the damages, the said township road com-
mission, within not less than fifteen nor more than sixty days
after the completion of said road, shall order a jury of five free-
holders who are residents of said township, none of whom shall
be related to the person claiming damages, to be summoned by the
sheriff or by a township constable of the township, on a notic(»
issued by the said road c-(mimission, to meet and assess the dam-
ages, if any, sustained by the petitioner, which jury, after being
duly sworn to impartially assess the damages, shall forthwith pro-
ceed to assess the same and make their report to the next regular
or called meeting of the township road commission. Said jury, in
considering the question of damages, shall take into consideration
the benefits to the owner of the land by such road or change of
same ; and if the said benefits be considered equal with the
damages sustained, the jury shall so declare; but if the damages
shall be found to exceed the benefits, they shall declare the amount
thereof. The officer making the service shall serve a copy of the
summons on each freeholder summoned for a juror. The damages,
if any awarded, shall be paid out of the road funds of the
township by order of the township road commission. In case
either party be dissatisfied Avith the finding of the jurors, such
dissatisfied party may appeal to the Superior Court of Scot-
land County, which appeal may be taken without bond, and
the same shall be heard dc novo; but the judge may in his dis-
cretion require either party to give bond after the appeal is
docketed in the Superior Court, and may hear the motion for
same at any term of court held for said county, civil or criminal.
Sec. 8. That said township road commission shall elect for
each township voting for approval of this act, and for good roads,
as herein provided for. a township road supervisor, who may be
I
1909— CiiArTKK 451. 791
any competent person and need not be a citizen of the township or
county, which township road supervisor shall take and subscribe Supervisor to be
an oath and file the same with the clerk of the Superior Court of ^^^°''"-
the couuty before entering upon the duties as such supervisor,
which oath shall be to faithfully and honestly discharge the duties
of his position as supervisor of said township. Said township Term at pleasure
supervisor shall hold said position at the pleasure of the township ° commission.
road commission, and shall have such power and authority in the Power and
employment of labor, the purchase of material and machinery,
and otherwise, as said road commissioners may confer upon him,
not inconsistent with this act and the law of the State, and no
other. Such power as said township road commissioners shall
confer upon said supervisor may be withdrawn at any time. Said Compensation of
township road commissioners shall fix the compensation of said ''"P^^^''^°'"-
supervisor, and he shall receive no other compensation for his
services, except such as may be allowed by the township road com-
missioners. Said township road commissioners and supervisor shall interest in road
not be in any way interested in supplies bought for the roads speculation in
in the township, and shall not speculate in road claims of said [9^^ claims for-
bidden.
township, under penalties prescribed for couuty commissioners in
sections three thousand five hundred and seventy-two and three
thousand tive hundred and seventy- five of the Revisal of one
thousand nine hundred and five of North Carolina. In construing
this provision said sections shall be construed as having the town-
ship otficers aforesaid inserted, and instead of the word "county,"
wherever the same occurs in said provisions, the word "township"
shall be substituted for the purposes of this act.
SfX'. 0. That the road taxes levied under this act shall be col- Collection of road
lected by the sheriff of the county when and as he collects other '^^^'■•
taxes, under the same regulations and penalties and punishment
as the law provides or shall provide for the collection of tax for
count.v purposes generally, and he shall receive the same com- Compensation of
peiisation as shall be allowed on collections of other taxes for said *'^^""
county for general purposes; and said sheriff shall make bond for Bond of slieritf.
the faithful collecting and paying over (jf said taxes in an amount
fifty per centum greater than the amount of road funds which the
county commissioners or other bod.v determining the amount of
sheriff's and treasurer's bonds shall deem likely shall come into
the possession of such officer, which shall at all times be as much
as fifty per centum larger than the amount of such taxes levied
the preceding .year; and the Treasurer of Scotland County shall Bond of treasurer,
make l)ond before receiving the purchase of the bonds sold under
this act in an amount fifty per centum greater than the amount
to be received from the sale of such bonds. Said bonds shall
be approved by the connnissioners of Scotland County, and it shall
be their duty to institute action thereon, in case of breach of the
sam(\ for and in bi'half of said damaged township.
792
1909— Chapter 451.
Road orders.
Accounts and
settlements.
Accounts between
county and town-
ship.
Funds the
property of road
commission.
Machinery and
property divided
pro rata.
Operation and
application of
section.
Present road law
in force for town-
ships not voting
bonds.
Sec. 10. The treasurer shall honor all orders of the several town-
ship road commissions, in so far as he has funds in his hands to
the credit of such township with which to do so, and shall disburse
the funds in his hands to the credit of each township road fund
only upon orders of the township road commission, signed by the
chairman or acting chairman of the said commission and at-
tested by the secretary of such township commission. The treas-
urer shall account to and settle with the Board of County Commis-
sioners of Scotland County for all moneys received on account of
each township road fund at the same time he makes settlement with
said board of county commissioners for general county purposes.
In such settlement said board of commissioners shall credit said
treasurer with all orders of the township road commission paid
by him, and said board of county commissioners shall cancel such
orders and keep same on file for twelve months in the vault of the
register of deeds.
Sec. 11. That the Board of County Commissioners of Scotland
County shall ascertain what amount of road funds shall be on
hand for the several townships of the county and if any of the
townships are in debt to the road fund, and shall render a state-
ment of the balances on hand for and to be due to each township
and the sum due by such townships as are in debt, and the sum
to be collected on taxes, and charge the sheriff properly with the
collections and the treasurer with the funds on hand and credit
him with any sums due him, and make statement of same to the
township boards, which statement shall be entered on the minutes
of the board of county commissioners and of the township com-
mission; and such sums as are in the hands of the county treas-
urer for the various townships shall be a credit to such township,
and any deficit shall be charged against the road fund of such
township. All road funds belonging to the several townships shall
become the property of the township road commission of such
township, and all taxes due on account of special road tax in said
county and remaining unpaid shall, upon collection, be placed to
the credit of the township in which same was collected, to be
expended by the road commission of that township. The machinery
and property of the road force of the county shall be turned over
to the several township commissions, to be divided pro rata among
the townships according to assessed valuation of property in the
townships, as the several road commissions shall determine shall
be best. The provisions of this section shall be operative on the
first Monday of June following the election herein provided for,
and only apply to those townships in which a majority of the
votes shall be cast for good roads. The several laws and provisions
in force for the county of Scotland shall remain in force and apply
to such townships as may not cast a majority vote in favor of
good roads at the election herein provided for, and the board of
county commissioners of the county shall continue to administer
1909— Chapter 451. 793
the law and control the roads of such townships failing to cast
such majority vote in favor of the provisions of this act ; but
those townships casting a majority vote in said election for good
roads, as hereinbefore provided for, shall come within the pro-
visions of this act.
Sec. 12. That said township road commissioners of each town- Meetings of road
ship shall meet the first Monday of each mouth at some place in commissioners,
said township to be agreed upon by them, and may have called
meetings upon the call of the chairman ; and the said township Compensation,
road commissioners shall receive as compensation for their serv-
ices the same pay as is allowed to the county commissioners of
Scotland County for each monthly meeting and not exceeding one
call meeting each month, and no more.
Sec. 13. That the county commissioners of Scotland County Special tax as
are hereby authorized and directed to levy and collect annually '"'^Ps-'r road fund,
in those townships that vote for bond issue a special tax of eight
and one-third cents on the one hundred dollars' worth of prop-
erty, real and personal, of whatever description, and twenty-five
cents on polls, to be known and used as a repair road fund for the
respective townships, and in no other manner. The Treasurer of Separate
Scotland County shall keep the taxes collected in the respective accounts,
townships in separate accounts, known as the repair road fund of
Township. The road commissioners of the different Expenditure of
townships shall aimually expend so much of the funds raised under "" '
this section repairing and keeping in repair the roads of their
townships that have heretofore been or shall hereafter be worlced,
graded or built as may be necessary to keep them in good condition
and repair.
Sec. 14. That the persons named herein shall be the township Road commis-
road commissioners for said county, until their successors are ^'oners named,
elected and qualified, to-wlt : For Spring Hill Township, J. H. Mc-
Lean, Fairley Murray and J. A. McKay; for Laurel Hill Town-
ship, D. Z. Hardin, J. McN. Patterson and R. E. "Warwick ; for
Stewartsville Township, R. R. Covington, L. B. McKinnon and
E. J. Hester ; for Williamson's Township, J. C. Mason, A. Hugh Mc-
Donald and T. G. Gibson. Said commissioners named for such Meeting a,nd
townships as shall be found in the election provided for to have °'"^^"'^^ '°^-
cast a majority vote in favor of good roads shall meet and organize
for each of such townships within ten days after the election pro-
vided for, and shall elect one of their number chairman and
another secretary. The three township eonnuissiouers shall de- Terms of office,
termine by lot and name one of their number whose term of office
shall expire the first Monday in April, one thousand nine hundred
and ten, and one of their number whose term of office shall expire
the first Monday in April, one thousand nine hundred and eleven,
and one whose term of office shall expire the first Monday in
April, one thousand nine hundred and twelve, and shall certify
794
1909— Chapter 451.
Proviso: term
until successor is
elected and has
qualified.
Sign|)osts.
Mileposts.
Acts declared
misdemeanors.
Punishment.
Proviso: log
haulers repairing
road exempt.
Punishment for
obstructing
drains.
Emergency \vorl<.
Pay for work.
Proviso: persons
subject to duty.
Substitute.
Refusal to attend
and work a mis-
demeanor.
Punishment.
Election of
successors to road
commissioners.
the same in writing, under ttie hand of the cliuirman and secre-
taiy, to the board of county commissioners, who shall cause
the report thereof to be spread on the minutes of the board of
County commissioners, and thereafter the several road commis-
sioners' terms of office shall expire in accordance with said report:
Frofidcd always, that the term of each and every road commis-
sioner shall extend until his successor is elected and has qualified.
Sec. 15. The township road commissioners may cause signposts to
be placed at all intersections of public roads, giving the name
of the most important points to which such roads lead in each
direction, with the distance, and the said commission may cause
mileposts to be erected along said roads, giving the distance to the
most prominent point to which the road leads.
Sec 1G. Any person obstructing, disfiguring or rendering any
public road unfit for travel, or who shall cut up the same or make
deep ruts in same by means of log carts, plows or by the process
of "snaking"' logs, shall be guilty of a misdemeanor and shall be
fined not exceeding fifty dollars or imprisoned not exceeding thirty
days, and it shall be the duty of the county attorney to prosecute
all violations of this section : Provided, that anyone hauling logs or
"snaking" logs over any road who shall within forty-eight hours
repair fully and completely such injured road shall not be subject
to the penalty herein provided. Any person obstructing any drain
made by the road commission, or the supervisor under their direc-
tion, by which said road is drained, shall be fined not more than
fifty dollars or imprisoned not more than thirty days.
Sec. 17. In case of extremity and necessity, caused by wind,
floods or forces of nature, it shall become necessary to clear and
repair the public roads immediately ; and if there be not sufficient
force of laborers available, then the township road commission-
ers or any one of them shall have full power to order out such
number of persons as in his or their judgment may be necessary
to clear and repair the roads withhi the township ; and the
supervisor shall notify such persons and summon them to work
on the public roads not exceeding three days at any one time,
and they each who attend and work shall be paid the usual and
standard wages for such work : Provided, that only persons able-
bodied and between the ages of eighteen and forty-five shall be
subject to duty under this section, and suitable substitute may be
tendered in lieu of personal service. Any person so ordered out
and refusing to attend and work or to send a suitable substitute
shall be guilty of a misdemeanor, and upon conviction shall be
fined five dollars.
Sec. 18. That, annually, beginning with the years one thousand
nine hundred and ten, the two road commissioners of the town-
ship road commission whose terms of office do not expire during
the then current year shall, on the first Monday in March of each
year, meet at the courthouse and sit with the Board of County
1909 — Chaptek 451. 795
Commissioners of Scotland County in tlieir regular muutlily meet-
ing to be held that day; and if no such meeting be held on said
day, notice of the time for the next meeting thereafter shall be
served on such members of such road commission entitled to sit
with said board of county commissioners, and they shall attend
said meeting, and. sitting in such joint meeting, the said joint
board shall proceed to elect a successor to such road commissioner
for the township then represented whose term is about to expire.
The chairman of the board of county commissioners shall preside
and each member of the joint board shall have one vote. A fair
record of such proceedings shall be made as a part of the miuutes
of the said board of county commissioners, and notice shall issue
to the person elected as such road commissioner. Such action shall
be repeated for each of the townships having such vacancies oc-
curring in its road commission. All vacancies shall be tilled in like vacancies,
manner, the two remaining members of the township board sitting
and acting with the board of county commissioners. The election,
in case of vacancy, shall be for the remainder of such term as has
not expired. Resignations, if any, on the part of members of the Resignations.
road commission for any township shall be handed in to the board
of county commissioners and notice shall issue to the other road
C'ouuuissioners of said township to attend the first regular meeting
of the board of county commissioners held thereafter. Said joint Quorum,
board shall be legally constituted when a majority (luorum is pres-
ent, and a majority vote shall be necessary to a choice or election.
Said joint board may adjourn to another day without action, but
shall meet again within ten days thereafter, at the courthouse, for
the purpose of transacting the business properly before the same.
A minority of said joint board meeting may adjourn until another
day, and issue notice thereof to the other members of said joint
board. Mailing notice three days in advance thereof to the usual Sufficient notice.
address of each member, with postage prepaid, shall constitute
sufficient notice to those members of the joint board whose presence
is exiH'cted at any meeting and to whom notice is required to be
given, unless it shall be shown that such notice has not been
delivered in the due course of mail to the member addressed.
Sec. 10. That this act shall apply to all incorporated towns and Towns and
villages of the townships of said county; and in the townships
\()ting for good roads, as herein provided, there shall be levied
iilion the property and polls within such towns and villages such
tuxes and assessments as are levied on property and jxtlls of other
parts of said townships, as provided for under this act ; and the .Main ihorongh-
i X u- 1 i.1 1 -J • fares or streets.
mam thoroughfares or streets which run through said incorpo-
rated towns or villages, or portions of the same, and on info the
country, shall be worked, graded and improved in every way by
said township road commissioners, in the same manner as the
roads of said townships lying outside of incorpctrated towns ami
796 1909— Chapter 451—452.
Proviso: side villages are wox'ked, graded and improved : Provided, that they
streets and alleys, ^j^^jj ^^^ ^,^^^ ^.^^ streets and alleyways in said incorporated
towns which begin and terminate in said towns.
Width of roads. Sec. 20. That the roads herein provided for shall be open and
clear of all obstructions and ditches not less than twenty feet
and not more than forty feet wide.
Effect on present Sec. 21. That nothing in this act shall change or alter, repeal
road law. - ; i
or amend the present road law for Scotland County until the
qualified voters of a township or townships shall vote for good
roads as hereinbefore provided for, and then only in such town-
ships so voting shall the present road law for Scotland County be
repealed, and in such township or townships it shall be repealed.
Sec. 22. That all laws and clauses of laws in conflict with this
act are repealed in so far as the operations of this act affect same.
Sec. 23. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 2d day of March, A. D. 1909.
CHAPTER 452.
AN ACT TO ESTABLISH WITHIN THE CITY OF HICKORY
A SPECIAL COURT, TO BE CALLED THE POLICE COURT,
AND PRESCRIBE THE JI^RISDICTION THEREOF.
The General Assembly of North Carolina do enact:
Court established. SECTION 1. A special court for the trial of misdemeanors and
for other purposes, to be designated as the police court of the
Jurisdiction. city of Hickory, is hereby established, with the following juris-
diction :
Offenses against (a) With exclusive original jurisdiction over all offenses arising
ordinances, by- „ = .- »
laws, rules and from the violation of all ordinances, by-laws, rules and regulations
regulations of city. ^^ ^j^^ board of aldermen within the corporate limits of the city
of Hickory and within Hickory Township.
commufe^d wiUiin <^^) ^^^^ jurisdiction, power and authority for the trial and
city or township, determination of all misdemeanors created by the laws of the
State of North Carolina committed within the corporate limits
of the city of Hickory and within Hickory Township.
Offenses below (e) With exclusive original jurisdiction over all criminal of-
felony committed
in city. fenses committed within the corporate limits of the city of Hickory
below the grade of a felony, as now defined by law, and all such
offenses committed within said city are hereby declared to be
petty misdemeanors,
itmi^narv tr' T^' ^^^ With exclusive original jurisdiction to hear and determine
the question of probable cause and bind over to the Superior
Court of Catawba County for all offenses committed within the
corporate limits of the city of Hickory above the grade of mis-
demeanors, where final jurisdiction is not given under this act.
1909— Chaptek 452. 797
(e) No provision of ttiis act sliall be construed to be intended Jurisdiction of
„, „ i..j. i.- justices of the
to deprive courts of justices of the peace of concurrent jurisdiction peace.
witli sucli police court of tlie city of Hiclvory over any mis-
demeanor now witliin tlie jurisdiction of sucli court, when com-
mitted without the corporate limits of the city of Hickory.
(/) Said police justice shall have power and authority to issue Power and
, ^ .^, authority of police
his warrants or other process for all persons charged with any justice.
criminal offense within his jurisdiction and have such persons
brought before him, and hear, try and determine the charges
against them and give judgment thereon; impose fines and sen-
tences of imprisonment, penalties and forfeitures; issue executions
and otherwise direct and compel the enforcement of his judg-
ments, subject to the limitations of this act as to the amount of
such penalties and punishments, with the right of appeal by the Right of appeal.
defendant from the judgment or sentence of the police justice's
court to the Superior Court of Catawba County, under the same
provisions of law as govern an appeal from inferior courts or
from the court of a justice of the peace. In case a defendant, Sentence to road
, „ . ,.,,,,. . 1 , or street work,
witness or other person shall be adjudged to be imprisoned by
the said police justice's court, it shall be competent for the said
court to sentence such person to imprisonment, on the county roads
of Catawba County or the common jail of said county; and in Fines and costs
,«,,,,,. J, -, i. I- J.-, -I worked out.
case the defendant shall not pay a fine and costs for the viola-
tion of an ordinance of the city of Hickory the police justice's
court shall have authority and power to sentence the defendant in
such case to work on the streets or other public works of the
city of Hickory or upon the public roads of Catawba County, and
the defendant in such case shall have credit upon the amount
so adjudged against him at the rate of one dollar ($1) per day Rate of allowance.
for every day in which he shall work upon the public streets or
other works.
Sec. 2. The police justice's court shall have a seal, with the Seal of court,
inscription, "Police Justice's Court of the City of Hickory, North
Carolina," which shall be used in attesting all writs, warrants or
other process or acts, judgments or decrees of said court, in the
same manner and to the same effect as the seals of other courts
in the State of North Carolina.
Sec. 3. That the police justice may issue his process to the Process of police
lusticB
chief of police or to the city police, or to the sheriff, constable
or other lawful officer of the county of Catawba ; and such process,
when attested by the seal of the police justice's court, shall run
anywhere in the State of North Carolina, and the same shall be
duly executed by all officers according to law : Provided, that Proviso: authority
, . , y. ,. ^, -^ 1- ,. ,. i of city police,
neither the chief of police nor the city police shall execute any
process outside of the corporate limits of the city of Hickory un-
less the offense was committed within the corporate limits of said
city.
'98
1!)0U — CiiAi'TKii 452.
Costs anil fees.
Attorney's fee.
Substitute police
justice.
Force and execu-
tion of judgments,
Records kept by
police justice.
Penalty tor viola-
tion of ordinaiace.
Six. 4. That the police justice sliall cliarge and collect in all
criminal cases two dollars as his costs therein, and all officers
serving his processes the fees now allowed to police officers, sheriffs
and constables, or as herein tillowed ; tind the said police .instice
shall char.ge and collect as part of the costs an additional fee
of two dollars and fifty cents ($2.50) in all cases tried and
determined before said police justice, where a justice of the peace
would not have final jurisdiction, which fee shall be paid to the
attorney of the city of Hickory as a part of his salary, to be
fixed at any time by the board of aldermen of said city.
Sec. 5. Should the police justice be prevented from attending
the police court on account of sickness, absence or other dis-
ability, then in that case the mayor of the city of Hickory shall
have power and authority to appoint some discreet and qualified
person to act in the place of said police justice ; and upon ap-
pointment by the mayor of such person, and after administering
to him an oath of office that he will support and defend the
Constitution of the l^nited States and the Constitution and hiws
of North Carolina not inconsistent therewith, and will faithfully
perform the duties of police justice of the city of Hickory to the
best of his slvill and abilit.v, such person so api)ointed shall have
all the jurisdiction, power and authorit.v herein conferred upon
the regular police justice of said city, and shall receive the salary
provided for the office while serving.
Sec 6. That the judgments rendered by the police justice under
the provisions of this act shall have all the force, virtue and
validity of judgments rendered by an inferior court under the
laws of the State of North Carolina, and may be enforced and
executed against the ptu'ties in the county of Catawba or elsewhere,
in the same manner and by the same means ; and all fines,
penalties and forfeitures, fees and costs shall be collected by or
paid to the chief of police of said city, who shall account for the
same to the proper officer or officers as provided by law.
Sec. 7. That it shall be the duty of the police justice to keep
an exact account and true record of all fines, penalties, forfeitures
and punishments by him imposed under the provisions of this
act, or for violation of any ordinances, by-laws, rules or regula-
tions of the board of aldermen of said cit.v of Hickory, in a book
kept for that purpose, showing the name of the offender, nature
of the offense, the date of hearing of trial, the punishment im-
posed, either the amount of fine or length of imprisonment, or
the penalty or forfeiture imposed, and when and by whom the
fine, penalty or forfeiture is paid.
Sec. 8. That the board of aldermen of the city of Hickory shall
have power to impose a penalty of not more than two hundred dol-
lars for each and every violation of any ordinance, rule or regula-
tion adopted by such board of aldermen.
1909— Chapter 452—453. 799
Sec. 9. That this act shall be iu force aud effect from and after When act
the fifteenth of May, one thousand nine hundred aud nine, aud Election of police
by that date the board of aldermeu of the city of Hickory shall justice.
elect a police justice, as herein provided, whose term of office shall Term of office,
continue until the regular meeting of said board in May, one
thousand nine hundred and ten ; and annually thereafter said
board, at its regular meeting in May, shall elect a police justice
for said city to serve for one year, and shall fix the salary of Salary.
said police justice during his term of office, to be paid to him
monthly out of the city treasury.
Sec 10. That all laws and clauses of laws, whether of a general
or private nature, inconsistent with any of the provisions of this
act be and the same are hereby repealed.
Ratified this the 3d day of March, A. D. 11)00.
CHAPTER 453.
AX ACT TO CHANGE THE TIME OF HOLDING SUPERIOR
COURTS IN PERSON AND ORANGE COUNTIES.
The General Assrinhly of Xorfli Carol ina do enact:
Section 1. That the term of c(jurt fixed by section one thousand Term for Person
five hundred aud six of the Revisal of one thousand nine hundred
and five, for Person County, for the "third Monday before the
first Monday in September," be changed to the "fourth Mon-
day before the first Monday in September," and the term fixed Terni for Person
for the "third Monday before the first Monday iu Seiitember" be
.•il)i)lishe<l.
Sec. 2. That the term of court fixed by said secticni one thousand Term for Orange
live hundred and six of the Revisal of one thousand nhie hundred '^ ^o''-'"''*''^-
and five, for Orange County, for the "fourth Monday before the
first Monday of September," be abolished.
Sec. 3. That said section one thousand five hundred and six Term for Guilford
of the Revisal of one thousand nine hundred and five, in the
term of courts fixed for Guilford County, be amended on page four
hundred and fifty-two of the Revisal of one thousand nine hun-
dred and five, in line two on said page, by striking out the
word "second" and inserting in lieu thereof the word "third."
and by striking out therein, in line three, the words "one week"
and insei-ting in lieu thereof the words "two weeks."
Sec 4. That all laws and clauses of laws in conflict with this
act are hereby rei)ealed.
Sec. .5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1000.
800
1909— Chaptek 454—455.
CHAPTER 454.
AN ACT TO AMEND THAT SECTION OF THE RE VI SAL OF
1905 RELATING TO THE COURT CALENDAR OF SCOT-
LAND COUNTY, CORRECTING AN ERROR OF THE
PRINTER.
The General Assembly of JVorth Carolina do enact:
Error corrected. SECTION 1. That that paragraph of section one thousand five
hundred and six of the Revisal of one thousand nine hundred and
five, relating to the court calendar of Scotland County, be and
the same is amended by striking out the word "third" therein
and inserting in its place the word "thirteenth," it appearing that
the records of the Secretary of State show that the printer of the
Revisal made the error hereby corrected.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
Date for election.
Appointment of
registrars.
Registration.
CHAPTER 455.
AN ACT TO ALLOW THE CITIZENS OF GASTON COUNTY
TO HOLD AN ELECTION TO EXPRESS THEIR WILL CON-
CERNING THE PROPOSED REMOVAL OP THE COUNTY
SEAT OF GASTON COUNTY FROM DALLAS TO GASTONIA,
AND TO REMOVE THE COUNTY SEAT, AS AFORESAID. IF
A MAJORITY OF THE VOTES CAST AT SAID ELECTION
SHALL FAVOR SUCH REMOVAL.
The General Assembly of North CaroUna do enact:
Section 1. That on the fifth day of August, one thousand nine
hundred and nine, an election shall be held in the county of Gaston,
this State, to ascertain the will of the people of said county as
to the removal of the county seat from its present location in
the town of Dallas to the town of Gastonia, in said county.
Sec. 2. That the Board of County Commissioners of Gaston
County, at their regular meeting on the first Monday in June, one
thousand nine hundred and nine, shall appoint a registrar who
shall be a qualified elector in and for each election precinct in
said county, which registrar shall, during the time which elapses
between the first day of July, one thousand nine hundred and nine,
and the twenty-fourth day of July, one thousand nine hundred
and nine, inclusive (Sundays excepted), next preceding the day
of election hereinbefore specified and designated, and between the
hours of nine o'clock A. M. and six o'clock P. M., register in a
book, which the said board of county commissioners shall furnish
1909— Chapter 455. 801
t») him, the names of all persons applying to him for registration
during the said time whose names are not now on the general
registration books of Gaston County and who will be on the day
of said election qualified to vote iu that precinct under the general
election law of the State. The registrar, in making this registra- Law governing
rGsistrEttion
tiou. shall administer the same oaths, require the same informa-
tion and make the same record that registrars under the general
election laws of the State existing during the year one thousand
nine hundred and eight were directed to administer, require and
make. The duly qualified electors registered by the registrars
appointed under this act and the duly qualified electors whose
names are already registered in the registration books of Gaston
County shall be allowed to vote at the said election. The Register
of Deeds of Gaston County shall furnish the general registration
books of said county to the registrars of the respective precincts
forty days before the date of said election, and they shall be
returned to the register of deeds by the messenger who shall
carry the certificates of the votes cast in the respective precincts.
The board of county commissioners shall, also, at their regular Judges of election,
meeting on the first Monday in June, one thousand nine hundred
and nine, appoint two electors as judges of election for each
election precinct in the said county, one of whom shall be known
or presumed to be in favor of removal, the other known or pre-
sumed to be against removal. The said registrars and judges of Board of election.
election for each precinct, as aforesaid, shall constitute the board
of election for that precinct, and shall fill by the appointment Vacancies.
of an elector of said county any vacancy occurring on the said
board of election, and each board of election shall provide a suit- Ballot boxes,
able box in which said ballots shall be cast. At the election pro- Ballots,
vided for in this act those electors of the county of Gaston duly
qualified under the provisions of this act who shall favor the
removal of the county seat of Gaston County from its present
location at Dallas to the town of Gastonia, said county, shall vote
a ticket upon which shall be written or printed the words "For
Removal," and those not in favor of the removal of the county
seat of Gaston County from Dallas to Gastonia. as aforesaid,
shall vote a ticket upon which shall be printed or written the
words "Against Removal." The board of election of each precinct Law governing
shall decide challenges and conduct the election, in such particulars
as are not provided for in this act, in the manner specified by
the general election law of the State existing during the year one
thousand nine hundred and eight. The board of election of each Count and return
precinct, as soon as the polls are closed, shall count the ballots
and declare the result, and shall make and sign a certificate
thereof, under the hands and seals of at least two of the said
board, and shall deliver by the hand of one of the members of the
board the said certificate to the Register of Deeds of Gaston
County, as clerk to the Board of County Commissioners of Gaston
Pub.— 51
802
1909— Chapter 455.
Canvass of
returns.
Declaration and
record of result.
Erection of county
buildings and
removal of county
seat if removal
voted for.
County buildings
if removal
negatived.
Pay of registrars
and judges of
election.
Notice of election.
County, who shall present the said certilicate to the board of
commissioners of said county at the meeting of the said board here-
inafter provided for. The Board of County Commissioners of
Gaston County shall meet in the courthouse at Dallas on the second
day next after the day of election provided for in this act, and
shall receive the said certificates from the register of deeds and
shall canvass and cast up the votes as certified to by the said
precinct boards of election, and shall declare the result of said
election, and shall record the said certificate and result upon the
minute book of the said commissioners.
Sec. 3. That if at the election provided for in this act a ma-
jority of the votes cast at said election shall have favored the
removal of the county seat of Gaston County from its present
location at Dallas to the said town of Gastonia, the board of
commissioners of said county shall erect or cause to be erected
in the town of Gastonia suitable and all necessary buildings for
a county seat, and, on completion of same, cause all court papers,
books and documents, all county papers, books and documents and
all movable county property to be moved to tlie said town of
Gastonia before the first day of January, one thousand nine hun-
dred and eleven, after which date the said town of Gastonia shall
be in all respects whatsoever the county seat of Gaston County.
Sec. 4. That if at the election provideil for in this act a ma-
jority of the votes cast at the said election shall have been against
the removal of the county seat from Dallas to Gastonia, the board
of commissioners of said county shall, without delay, provide
suitable buildings at the present county seat of Dallas adequate
and commensurate to the needs of the county.
Sec. 5. The board of county commissioners of said county shall
pay the registrars and judges of election appointed under this
act whatsoever compensation the said board may deem reasonable
for their services and the providing of ballot boxes as aforesaid.
Sec. 6. That notice of said election shall be given by the Register
of Deeds of Gaston County by posting a notice of the same at the
courthouse in Dallas and at three other public places in Gaston
County at least forty-five days before the day herein fixed for
said election, and by publishing said notice in the Gastonia Gazette
and the Gastonia News twice a weeic and in The Eagle once a
week for six weeks next before the day hereinbefore provided
for holding said election; and said notice shall specify and desig-
nate the place and the time for holding the same, and the pur-
poses for which said election is held.
Sec 7. That all laws and parts of laws in conflict with the
provisions of this act are hereby repealed, so far as they may
apply to the election which shall be held under the provisions
of this act.
Sec. S. This act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
1909 — Chapter 456. 80*3
CHAPTER 456.
AX ACT TO PROVIDE FOR THE IMPROVEMENT OF THE
PUBLIC ROADS OF LEE COT'NTY.
The (irneral Assemhli/ of Xortli Carolina do enact:
Sectiox 1. That for the purpose of rebuilding, grading, ini- Election for bond
l»roTing. working and maintaining the public roads of the county '^^"^ °" petition.
of Lee, it shall be the duty of the board of county commissioners
of the said county, upon the petition of fifty voters of any Petition.
township thereof asking for an election to be held for the purpose
of voting for a bond issue for public-road improvement, said Amdunt.
issue to be of such an amount as stated in the petition, not to
exceed twenty thousand dollars, to bear interest at not more interest.
than live per cent and to run not less than forty years nor more Maturity.
than fifty years, to call an election for such township, to be held
at the polling place or places already established, at such time
as may be designated, at which election shall be submitted to the
qualified voters of such township the proposition to improve the
public roads by issuing bonds and levying taxes to pay the inter-
est and the principal at maturity.
Skc. 2. That at the time of ordering any election under this Advertisement of
act the said board of commissioners shall cause advertisement ® ^^ '°"'
thereof to be made for not less than thirty days in some uews-
pai)er having general circulation in said county, setting forth
the date and the purpose of the said election : and in the event
a special election is ordered, as herein provided for, the board Registrar and
• • ,_ ,1 -J. . ^ , ^ ,11,-. poll holders.
(»t commissioners shall appoint a registrar and two poll holders
for each election precinct in such township, who shall make due Returns.
return of such election to the said board of commissioners, by Canvass of
whom such returns shall be canvassed and ordered recorded in the returns.
record of elections of said county. At said election the electors Ballots.
who are in favor of bonds shall vote a bjillot on which shall be
cither written or printed the words "For Bonds," and those
who are opposed to the bonds shall vote a ballot on which
shall be written or printed the words "Against Bonds." In all Law governing
plfictions
other respects such election shall be conducted under the general
election law, in so far as its provisions shall ai)ply in similar
cases.
Sec. 3. That the said board of county commissioners shall have Issue and sale of
lireiiared and shall issue and sell to the best advantage on be-
half of those townshijis wherein a majority of the qualified
voters shall have vote<l for bonds, as herein provided, the amount
of the bonds voted at such election. Said bonds shall be of such Denomination,
denomination and shall be payable at such time and place and
to run for such time and to bear interest, payable annually, as
herein provided for, to every one of which shall be attached
coupcms representing the interest, to be payable at such time
804
1909— CiiAPTEK 456.
Authentication.
Style.
Liability for
payment.
Special tax foi'
bonds and
interest.
Constitutional
equation.
Election of road
supervisors.
Duties of super-
visors.
Superintendent.
Pay of superin-
tendent.
Pay of super-
visors.
Term of super-
visors.
Itemized
accounts.
Fee of register of
deeds.
and place as the bonds shall be payable. Said bonds shall be
signed by the chairman of the board of county commissioners and
attested by the clerk of the said board, and shall be styled "bonds
for the improvement of the public roads for Town-
ship," and shall be issued as such, and the liability of the pay-
ment thereof shall be atta.ched to and imposed upon the political
division of the said county known as the township designated
and as constituted at the time of the election herein provided for,
and the said board of commissioners shall not issue bonds for
any township wherein the majority of the qualified electors voted
against bonds.
Sec. 4. That for the purpose of paying the principal of the
bonds issued and sold under this act. and interest thereon as the
same shall mature and become due and payable, the said board
of county commissioners are authorized and it shall be their
duty to annually levy and collect a special tax sufficient for the
aforesaid purpose, at the same time and in the same manner
as other county taxes are levied and collected, upon all real
and personal property and polls of each township w^herein said
bonds shall have been issued, observing the constitutional equation
between property and polls.
Sec. 5. That at the election herein provided for bonds the
qualified voters of such township shall vote for three men, resident
in such township, to be known as road supervisors, and shall
vote a printed or written ballot with the words "For Road
Supervisor : ," whose duty it shall be, provided a
majority of the qualified voters shall vote for bonds, to lay
out said road as to them may seem most advantageous to the
public, and to have generally the supervision of laying out,
grading and improving said roads. Said road supervisors shall
have power to employ a superintendent, whose duty it shall be
to oversee the construction of the said roads, and to pay such
superintendent reasonable compensation for his services. Said
road supervisors shall receive as compensation for their services
the sum of two dollars per day, to be limited, however, to twenty-
five days out of the year. Said road supervisors shall hold their
offices for a term of two years or until their successors are duly
elected and qualified.
Sec. 6. That it shall be the duty of the road supervisors who
shall be elected as herein provided for to submit to the board
of county commissioners every three months after their election
an itemized account of all funds by them expended, and the same
shall be entered in the record of settlements of other county
officers. Said accounts shall be signed by at least two of the
said road supervisors and shall state the various amounts, to
whom and for what purposes expended. Said road supervisors
shall pay the register of deeds for entering such account out of
the township bond money.
1909 — Chapter 456. 805
Sec. 7. That before entering upon their duties the board of Supervisors to
road supervisors elected as herein provided for shall take, sub-
scribe and file with the Clerk of the Superior Court of Lee
County an oath for the faithful and honest performance of their
duties, and shall within three days thereafter meet and organize Meeting and
by electing one of their number as chairman and one as secretary, organization.
and in all of their meetings a majority vote shall control.
Sec. S. That for the purpose of paying for the work of locating, Road orders,
relocating and establishing the said roads the board of road
supervisors shall have power to draw orders or warrants on the
county treasurer, and the said county treasurer is hereby author-
ized and required to pay for the same out of the road funds in
his hands.
Sec. 9. That when any person or persons on whose land a new Procedure for
road or part of a road is to be located, widened, changed or ex- dlmf^s^* °*
tended, claims damages therefor in excess of what the township
road supervisors may deem just and offer to pay, and shall within
thirty days petition said township road supervisors for a jury
to assess the damages, the said supervisors shall, within not less
than fifteen nor more than thirty days after the completion of the
said road, order a jury of five freeholders who are residents of
said township, none of whom shall be related to the person claim-
ing damages, to be summoned by the sheriff of the county or the
constable of the township, on the notice issued by the said board
of I'oad supervisors, to meet and assess the damages, if any,
sustained by the owner of the land, which said jury, after being
duly sworn to impartially assess the damages, shall forthwith
proceed to assess the same and make their report to the road
supervisors; that said jury, in considering the question of dam-
ages, shall take into consideration the benefits to the owner of
the lands by such road or change of the same, and if the said
benefit be considered equal to the damages sustained the jury
shall so declare, but if the damage exceeds the benefit they shall
declare the amount thereof. The officer making tlie service shall
serve a copy of the summons on each freeholder summoned as
juror. The damages, if any are awarded, shall be paid out of the Payment of
road funds of the said township by order of the township road ^™^^^®-
supervisors. In case either party interested shall be dissatisfied Right of appeal,
with the finding of the jurors, such party may appeal to the
Superior Court of Lee County, and an appeal taken by either
party may be taken without bond, and the same shall be heard
de novo; but the judge may in his discretion require either party Judge may
4. • 1 1 i!i. .ui 1 • I 1 i. 1 • XI o ■ ^ J. require bond on
to give bond after the api)eal is docketed in the Superior Court, appeal.
Sec. 10. That said road taxes shall be collected by the Sheriff Collection of road
of Lee County, under the same regulations and i^enalties and *^^^"
punishments as the law of the State now provides for the col-
lection of the taxes of the county for general county purposes.
806
1909— CHArTEE 450—45'
Commission and He shall receive the sume commission for collecting the same
on o sien . ^^ ^^ allowed by law for the collection of taxes for general county
purposes ; and the said sheriff shall make bond for the faithful
collecting and paying over the said taxes, in an amount to be
fixed by the board of county commissioners, and the said county
counnissioners shall have the power and it shall be their duty
to institute action thereon, in case of a breach of the same, and
on behalf of the said damaged township.
Bond of treasurer Sec. 11. That the Treasurer of Lee County shall make bond
in an amount to be fixed by the board of commissioners for said
county, conditioned for the faithful care and paying over, accord-
ing to law, of the said funds.
Sec. 12. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 457.
Streets forming
continuations of
macadamized
highways.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COM-
MISSIONERS OF MECKLENBURG COUNTY TO BUILD
MACADA:M ROADS WITHIN THE LIMITS OF INCORRO-
RATED TOWNS.
Tlic General As>iemhly of ?\ort]i Carolina do enact:
Section 1. That the Board of County Commissioners of Meck-
lenburg County are authorized and empowered, in their dis-
cretion, to grade and macadamize the streets of any incorporated
town within said county when such streets form a continuatifm
of the public highways of said county and when such highways
are macadamized to the corporate limits of said town, it being
the purpose of this act to authorize said board of county com-
missioners, when any public highway has heretofore been or
shall hereafter be macadamized to the corporate limits of any
incorporated town in said county, to grade and macadamize the
streets in said county which form a continuation of said public
highway in the same manner as if the same were a public high-
way of said county.
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 this the 3d day of March. A. D. 1909.
1909— Chapter 458—459. 80'
CHAPTER 458.
AX ACT TO CONSTKUCT A GRADED ROAD IX ASHE
COrXTY.
The General Asseinhlij of yorth CaroUint do eiiaet:
Section 1. That C. W. Ray, J. F. Scott and A. C. Dancy be Commissioners
appointed.
aud are hereby appointed commissioners for the purpose or havinsic
constructed a public road in Ashe County from a point near Route of road.
J. F. Johnson's residence, in Chestnut Hill Township, in Ashe
County, leading up the South Fork of New River, so as to con-
nect with the public road at or near the mouth of Peak Creek,
in said county.
Sec. 2. That said commissioners shall first go aud view out Inspection of
road,
said road, and if in their opinion said road is necessary for the
reasonable convenience of the citizens of said county, then they Appointment of
overseers.
are authorized, empowered and directed to lay out said road
and appoint competent road overseers to superintend the con-
struction of said road, and said overseers so appointed shall Power of over-
have the same power and authority as the overseers of the
public roads of Ashe County, and shall summon out all hands
within one mile of the nearest point of said road, not exceeding
ten days in any one year, until said road is constructed.
Sec. 3. That said road shall be constructed under the provisions Construction of
road,
and regulations of the general road law of Ashe County not in-
consistent with this act.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 190!».
CHAPTER 459.
AX ACT ATTHORIZIXG PAYMENT OF DEPOSITS IN TRUST.
77/c (icneral AsacmhUj of Sortli Carolinu do enact:
Section 1. That whenever any deposit shall be made in any Payment to
bank, banking institution or trust company doing business in Jjlp^si't made!
this State by any person in trust for any person who is a minor
of the age of fifteen years and upward, and no other or further
notice of the existence and terms of a legal and valid trust shall
have been given to the bank, in the event of the death of the
trustee, the same or any part thereof, together with the dividends
(ir interest thereon, may be paid to the person for whom said
dejjosit was made: Provided the amount of said dejmsit is not Proviso: limit of
^ 4A£^ 1 11 /J.-/-. \ amount.
HI excess of fifty dollars (.*f>oO).
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
808
1909 — Chapter 460—461.
CHAPTER 460.
AN ACT TO AMEND THE ROAD I.AW OF DURHAM
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That chapter seveu hundred and twenty-nine, Laws
of one thousand nine hundred and one, be and the same is hereby
amended as follows : In section two, line six, strike out the words
"or surveyor" and add after the word "commissioners," in line
Survey and profile ten, the following : "Such engineer shall make a survey and
profile of such road and file the same with the clerk of board
of county commissioners, and if the said board of commissioners
shall build a road without first having had the same carefully
surveyed by such engineer, as aforesaid, each and every member
thereof shall forfeit the sum of fifty dollars, to be recovered by
any person who may sue for the same." Also, in line fourteen
of said section two, strike out of the Avord "five" and insert the
word "three."
Sec. 2. This act shall be in full force and effect from and after
its ratification.
Ratified this the 3d day of March, A. D. 1909.
of road.
Forfeit for
building road
before survey
Grade.
CHAPTER 461.
AN ACT TO PROMOTE HIGHWAYS OF SAURATOWN
TOWNSHIP.
The Oeneral Assembly of North Carolina do enact:
Election for bonds Section 1. That the Board of County Commissioners of Stokes
County be and it is hereby authorized and empowered, upon a
petition of one-third of the qualified voters of Sauratown Town-
ship, Stokes County, as cast in the last preceding election for
Governor, at such time or times as in its discretion it may deem
best, to submit the question as to whether or not Sauratown
Township shall issue bonds iu a sum not to exceed the sum
of twenty-five thousand dollars, with interest coupons attached,
the proceeds of which shall be used for the purpose of repairing,
making, improving, grading and macadamizing the public roads
Notice of election, of said township. The said board of county commissioners shall
for at least thirty days preceding the election give public notice
of such election, together with the purpose thereof, by publication
in one or more newspapers published in said county : Provided,
that if the majority of the qualified voters of said township shall
not vote to issue bonds at the election so held, said board of
on petition.
Amount.
Use of proceeds.
Proviso: further
elections.
1909— Chapter 461. 809
•county commissioners may submit the question to the qualified
voters of said township at any other time or times under the
provisions and regulations hereinafter enacted. ■
Sec. 2. That any election held under the provisions of this Law governing
dBCtion
act shall be held and conducted in the same manner as is now
or may hereafter be prescribed by law for holding elections for
members of the General Assembly: Fromded, hoicever, that the proviso: appoint-
said board of county commissioners shall appoint the registrars, ^"ers^ election
judges and inspectors of election and any other election officers ;
that the registration and challenge of voters shall be conducted Registration and
in the same manner as is now provided or may hereafter be vq^cts"^^ °^
provided for the election of members of the General Assembly,
and the said county commissioners may or may not order a
new registration for any or all of said elections. The vote shall Count and return
be counted at the close of the polls and returned to the said ° '^o^es.
board of county commissioners on the Thursday next following
the election, and said board of county commissioners shall tabulate Tabulation and
and declare the result of the election, all of which shall be recorded rgguU ^*'°'^ °^
in the minutes of the board of county commissioners, and no
other recording and declaration of the result of said election
shall be necessary.
Sec. 3. That at the said election or elections the ballots tendered Ballots,
and cast by the qualified voters shall have written or printed
upon them "For Good-roads Bond Issue" or "Against Good-roads
Bond Issue," and all qualified electors who favor the issuing of
said bonds shall vote "For Good-roads Bond Issue," and all
qualified voters opposed to the issuing of the said bonds shall
vote "Against Good-roads Bond Issue" : Provided, that the fees proviso: fees of
to the registrars and other officers holding said election shall be election officers.
one-half the fees allowed by the general election laws.
Sec. 4. In the event that the requisite majority of qualified Declaration and
voters of said township shall vote for good-roads bond issue at ° ° ^^^^ '
said election, the result shall be declared and i*ecorded in the
records of the board of commissioners of said county ; and after Conclusive
the expiration of sixty days from such entry upon the records sixty days.
the same shall not be open to attack, but the record shall be
deemed conclusive evidence of the truth thereof; and at the first Election of "Per-
regulur monthly meeting of the Board of Commissioners of ^rnmisslon'of
Stokes Countv held after said election the said board shall elect Sauratown town-
sriip.
three electors, residents of said township, to be known as the
Permanent-roads Commission of Sauratown Township, and their Term of office.
terra of office shall continue two years and until their successors
shall have been elected and qualified ; and the said board of Vacancies.
county commissioners shall have power to fill all vacancies, by
death, resignation or otherwise, for any unexpired term : Pro- Proviso: political
vided, that at least one member of said permanent-roads com- ^affiliations.
mission shall at all times be a member of a different party from
that of a majority of said board of commissioners, said member
810
1909— CiiAi'TKU 401,
Meeting and
organization.
Proviso: commis-
sioners to qualify.
Proviso: election
of successors.
Designation of
highways.
Bonds to be pre-
pared.
Denomination.s.
Amount.
Interest.
Maturity.
Authentication.
Style of bonds.
to be selected from the political party casting the next highest
vote to that political party electing the majority of said board
of commissioners at the last election held for the election of
county officers ; that as soon as practicable after the election of
said members of the permanent roads commission they shall meet
and organize by electing one of their members chairman of said
conunissiou. another of their members secretary, and another
or some other suitable person who does not hold any county of-
fice at the time of said election treasurer thereof, and shall pass
such rules and regulations for their government as they shall
deem best: Provided fiirther, that the permanent-roads commis-
sion shall take an oath before some person authorized to ad-
minister oaths to perform the duties of said office to the best
of their skill and ability; and Provided further, that as the terms
of office of said permanent-roads commission shall expire the
Board of Commissioners of Stokes County shall elect their suc-
cessors to same for a period of two years.
Sec. 5. The highways to be made, opened, built or improved
by the permanent-roads commission under the provisions of this
act shall from time to time be determined upon and designated
by thp permanent-roads commission and the chairman of the
board of county commissioners in joint session. In determining
upon said highway said joint board shall take into consideration
the needs of the entire township and every part thereof, opening
or improving those highways which in their opinion will be of
benefit to the greatest possible number of people of the township.
Sec. 6. In the event that the requisite majority of the qualified
electors of said township shall vote for good-roads bond issue
at said election, the result shall be declared and recorded as
aforesaid, and the Board of County Commissioners of Stokes
County shall have prepared bonds in the denomination not larger
than 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 the said bonds shall bear a rate of in-
terest, to be determined, before the issue thereof, by the said board
of county commissioners, not to exceed six per centum per annum,
with the interest coupons attached, payable semiannually, during
the time the said bonds shall run. and the principal thereof
shall be payable twenty-five years from the date of their issue.
Said bonds and coupons shall be payable in standard currency
of the United States, at such time and place or times and places
as shall be designated by the board of commissioners ; and both
bonds and coupons shall be numbered consecutively, beginning
with number one, and both bonds and coupons shall be signed
by the chairman of said board of county commissioners and
countersigned by the clerk of said board, and the said bonds shall
have impressed upon them the seal of said county. The said bonds
shall be styled "Sauratown Township permanent-roads bonds."
I
1909— Chapter 461. Sll
Sec. 7. Immediately upou the preparation and signing of said Deposit oi bonds.
bonds the same shall be deposited in some safe-deposit company
or bank to be designated by the said board of commissioners, to
be drawn out on the joint order of said board of commissioners
and the said board of permanent-roads commissioners ; and said Advertisement
Ijermanent-roads commission sliall have the power to advertise ^^ ^^ *" ° """^ ^'
and sell any or all of said bonds, at such time or times as they
shall deem best, for the purpose of raising the fund with which
to repair, make and improve the public highways of said town-
ship as aforesaid ; and the expenses of said advertising and sell- Expenses,
ing or any other necessary expenses in regard thereto shall be
paid out of the first money arising from the sale of said bonds.
Sec. 8. That none of the bonds authorized by this act shall be Bonds not to be
disposed of by said permanent-roads commission, by sale, ex- below par.
change or otherwise, for less than their face value and accrued
interest, nor shall said bonds or proceeds be used for any other Specific, appropri-
purpose or purposes than those declared by this act: Pi'ovided,p^°^^°^.^^^^^Q^f-
hotcever, that the purchasers of said bonds shall not be required slbility of pur-
CllELSGrS
to see to the application of said fund. When said bonds are
issued they shall be numbered consecutively, and the coupons
attached and issued with them shall bear the number of the
bond which they are attached to. The bonds and coupons shall
state on their face when they are due and when payable, and
said bonds shall show by what authority they are issued. The Record of pro-
said permanent-roads commission shall record all their proceed- bonds^^ ^* ^°
ings in respect to said bonds in the minutes of their meetings ;
and whenever the same are sold, the number of bonds and their
denomination, to whom sold and the number of coupons at-
tachetl must be recorded in said minutes: Provided, that the Proviso: record
minute book and all other books kept by the permanent-roads com- °^^" ° inspec ion.
mission shall at all times be open to the inspection of the com-
missioners of Stokes County.
Sec*. '.). When any of said bonds are sold the proceeds of sale Proceeds turned
shall be turned over to the treasurer of the permanent-roads com- °^'^'" ^° treasurer.
mission, who shall keep said fund and all other funds which Funds kept
separate.
may come into his hands separate from all other funds, and he
shall keep separate accounts of same; and said treasurer shall. Bond of treasurer.
annually, before any fund provided for in this act be paid over
to him, execute an official bond, payable to Sauratown Township,
in the usual manner, equal to the greatest amount which may
at any time come into his hands during the succeeding year
by reason of this act, conditioned for his faithful safe-keeping
of same and rendering a due account in respect thereto, and in
all things holding and disposing and accounting for the same
as is required by law, which bonds shall be passed upon, accepted
and received by said permanent-roads commission ; and all orders Highway orders.
directed to said treasurer for the payment of money under this
812
1909— Chapter 461.
Special tax for
interest.
Constitutional
equation.
Collection of tax.
Special tax for
sinking fund.
Amount.
Funds kept
separate.
Proviso: surplus
tax for interest.
Investments of
sinking fund.
act shall state ou their face that they are highway orders and to
what account they are chargeable, and shall be signed by the
chairman and secretary of said commission.
Sec. 10. That in case any election held under the provisions of
this act shall be in favor of issuing said bonds, the board of com-
missioners of the county of Stokes shall annually compute and levy,
the first Monday in June, a sufficient special tax upon all polls
and all property, real and personal, and other subjects of taxation
on which the said board of county commissioners now or may
hereafter be authorized to levy taxes for general county purposes,
always observing the constitutional equation between the tax
on property and the tax on polls, with which to regularly and
promptly pay the interest on said bonds. Said taxes shall be
collected in the same manner and at the same time as other
taxes, and shall be paid over by the sheriff to the treasurer of the
Permanent-roads Commission of Sauratown Township, which of-
ficers shall give a justified bond in an amount amply sufficient
to cover said taxes — the former officer for collecting and paying
over, and the latter for safe-keeping and proper disbursement of
said funds.
Sec. 11. For the purpose of creating a sinking fund with which
to pay the principal of the said bonds issued under this act,
it shall be the duty of the board of commissioners, at and after
the expiration of five years from the date of said bonds, to an-
nually levy and collect a special tax, in addition to that men-
tioned in section ten of this act, and a tax provided for in this
section shall be equal in amount to one-twentieth of the amount
of the bonds issued under this act ; and whenever the amount of
taxes collected under this section, together with the interest ac-
cumulated from the investment thereof, as provided in section
twelve of this act, shall be sufficient to pay off the principal of
all outstanding bonds, then said board of commissioners shall
cease to levy taxes for said sinking fund.
Sec. 12. That the taxes levied and collected for the purposes
specified, in sections ten and eleven of this act shall be kept
separate and distinct from each other and from any and all
other taxes, and shall be used for the purposes for which they
were levied and collected : Provided, that if the taxes levied and
collected for the payment of interest shall in any year exceed the
sum required for that purpose, the amount in excess shall be
applied to the credit of the interest fund for the next succeeding
year; and said board of commissioners, at the time of levying
taxes for the payment of interest for said next succeeding year,
shall take into consideration said excess and compute and levy
said taxes accordingly.
Sec 13. That it shall be the duty of the Permanent-roads
Commission of Sauratown Township to annually invest any and
all money arising from the special tax collected under section eleven
1909— Chapter 461. 813
of this act in the purchase of any of said bonds at a price deemed
advantageous to said township by the permanent-roads commis-
sion ; but in case said bonds cannot be purchased, the permanent-
roads commission may lend said sinking fund on real estate or
good personal security. The notes and other evidences of debt
given for any loan under this section shall be executed to and
in the name of the Permanent-roads Commission of Sauratown
Township ; and in case said permanent-roads commission shall not
be able to invest any or all of said money annually, as directed
above, it shall be the duty of said board to cause such part^
as they may be unable to invest to be deposited with some bank
or banks, trust or safe-deposit company or companies of un-
doubted solvency, at the best obtainable rate of interest, and
any and all interest arising from the investments as above directed
shall be i-einvested in the manner as above provided, until said
bonds are due.
Sec. 14. That the said permanent-roads commission shall use Purchase of tools,
the funds derived from the sale of said bonds for the purpose "ock!"^"^^ ^"'^
of constructing and improving the public highways in the said
township, and shall purchase and hold such tools, machinery,
implements and stock, and employ such overseers, foremen and Overseers, fore-
laborers as they may deem necessary for the said purpose. The country machinery
board of county commissioners may from time to time put in ^"^ convict force,
the custody and control of the permanent-roads commission such
part of the road-making machinery and convict road force of the
county as may not be needed for the work of constructing and
repairing of public roads under the county road law, and may
at any time withdraw from the custody of the permanent-roads
commission all or any part of said machinery and convict force.
Said convicts, while in the custody and control of said permanent- Convicts
roads commission, shall be employed in the construction or I'epair ^^j^ °^ys °"
of highways under the provisions of this act, and the expense Maintenance and
of maintaining and guarding said convicts while so employed ^"^^ '"^ convic s.
shall be paid out of the funds derived from said bonds ; and the Highways may be
said permanent-roads commission shall have the power and author- '^' ^° contract.
ity to let out a contract or contracts for the construction or im-
provement of any part of the highways of said township. Upon Bonds of con-
letting out of any such contract the said permanent-roads com- tractors,
mission shall require of the contractor or contractors a bond or
bonds in a reasonable amount, to be fixed by said permanent-
roads commission, for the full and faithful i)erformance of the
contract.
Sec. 15. That the highways in said township constructed or Width of high-
improved under this act shall not be less than fourteen nor ^^y^-
more than thirty feet wide, at least nine feet of which shall be
graded and macadamized as soon as is expedient. Election and com-
Sec. 16. That as soon as the permanent-roads commission shall pensation of high-
"■ way su perm-
deem it necessary they shall elect a highway superintendent for tendent.
814
1909— Chapter 461.
qualify and give
bond
the said towiisliip and fix his comi)onsation. The result of said
election shall be declared and the result shall be recorded in the
Superintendent to proceedings of said permanent-roads commission. Said person
so elected shall take and subscribe to an oath for the faithful
lierforniance of his duties as highway superintendent, and shall
execute an official bond in the sum of one hundred dollars for the
faithful performance of his duties and for accounting for all
money and property which may come into his hands as said of-
ficer. Said bond shall be approved by the said permanent-i'oads
("onunission. Said highway superintendent shall hold his office
for two years and until his successor be elected and qualified,
except that the said permanent-roads commission may for any
good cause remove said higliway superintendent from his office
and elect a successor for the unexpired term. Said highway
superintendent shall enter upon his duties and worlv when and
where directed by said permanent-roads commission, and shall
have such authority and perform such duties as may be from
time to time determinetl by said permanent-roads commission.
The said permanent-roads commission shall also have the power
and authority in their discretion to employ a competent civil
engineer to assist in the planning and construction of the high-
ways, and shall be authorized to pay said civil engineer such sum
for his services as in their judgment may be reasonably fair.
Sec. it. That said permanent-roads commission shall require
the treasurer of said commission to account to them quarterly
for tlie said highway fund, and may require, as often as deemed
best, reports from officers and employees concerning the progress
in their duties and to what extent and in what manner they
have performed the same.
Sec 18. That in opening new highways, widening and straight-
ening old roads and repairing the same, the permanent-roads com-
mission, through its agents, are hereby authorized to enter upon
any land and locate and build such highways ; and if the per-
manent-roads commission and the owner or owners of said land
cannot agree as to the damages, if any, the permanent-roads
commission shall, within sixty days after said highway is com-
pleted, cause to have summoned three freeholders, who shall go
upon the land and assess damages and benefits under the general
road law as it now exists, with the right of appeal as provided
Proviso; notice to in special proceedings: Provided further, that before entering
landowners. ^^^^^^^^ lands as authorized by this section it shall be the duty of
the permanent-roads commission to serve notice upoia the owner
or owners of said land, notifying the said owner or owners that
the highways are to be located upon such land and under the
authority of this act.
General road law s, -^f^ rp^ ^ ^j^^ iiassage of this act shall not repeal the road
not repealed. it:'
Proviso: free and law in force, applicable to the general working of public roads
convict labor kept , ,,.,,.,, , • ■, j. ,
separate. in said county: Provided, that persons who are requn-ed to work
Term of office.
Removal for
cause.
Duties and
autliority of
superintendent.
Employment of
engineer.
Quarterly
accounts from
treasurer.
Reports from
officers and
employees.
Entry on lands
for roads.
Procedure for
settlement of
damages.
1900— Chapter 461. • 815
uuder the road law now in force shall not be re(iuired to work
in direct contact with persons who have been convicted of crimes
and sentenced to the road.
Sec. 20. That said permanent-roads connnission shall have the Medical attention
authority to employ a physician at any time to assist the county ^° convicts,
physician in attending the convicts working the pu\)lic highways,
and shall also have power to provide for the care and keeping
of said convicts and to provide all things necessary to carry into
effect the provisions of this act.
Sec. 21. The Board of Commissioners of Stokes County shall .4udit and settle-
audit the accounts of the sheriff for all taxes levied and col- ™^'^ ° accoun s.
lected under this act, and make settlement of the same between
said sheriff' and said board of county commissioners, and may
institute aiid prosecute any necessary action for the recovery
of any such road taxes, in case any officer fails to account for
same.
Sec. 22. That any permanent-roads commissioner or superin- Fraudulent order
tendeut making or causing to be made any fraudulent order
whereby money is to be paid out of said highway fund herein
provided for shall be guilty of a misdemeanor and fined or im- Punishment.
Itrisoned at the discretion of the court, or both, and shall be
removed from office ; and any permanent-roads commissioner or Failure or refusal
superintendent failing or refusing to perform the duties imposed a^m^deiiTeanor!^^
by this act .shall be gtiilty of a misdemeanor and fined not less Punishment,
than twenty nor more than one hundretl dollars: Provided further. Proviso: removal
that the board of county commissioners may for good and suf- ?/„™^^f ™"™'f'
ficient cause remove any one or more of tlie permanent-roads
commissioners, and the vacancj' or vacancies shall be filled as
pi-ovided in this act for filling vacancies from other catises.
Sec 23. That the permanent-roads commissioners shall, for the Pay of roads
time they are actually engaged in the performance of their duties '^*^'"""^'^'°'^^^®-
as required by this act, receive two dollars a day for their serv-
ices, to be paid upon the order of the permanent-roads commis-
sion out of the funds provided for in this act.
Sec 24. The term "highway" in this act shall be understood Highway,
to mean all public roads designated as such under the provisions
of section five of this act. as distinguished from public roads
in the county.
Sec 2.J. Provided, that any townshi]) in said county of Stokes Proviso: any
complying with the provisions of section one of this act shall bond elections"
be allowed to hold an election to issue bonds, not to exceed
twenty-five thousand dollars, for the pur])ose of repairing, making,
improving, grading and macadamizing the public roads of such
townshi]!, under the rules, regulations and provisions of this act.
Sec. 20. This act shall be in force from and after its ratifica-
tion.
Ratified this the .3d dav of March. A. I). I'tOl).
816
1909— Chapter 462—463.
CHAPTER 462.
AN ACT TO PAY JURORS IN THE COUNTY OF SWAIX.
Per diem and
mileage.
Special venire-
men.
Proviso: county
commissioners to
order payment.
The General As-semhly of North CaroUna do enact:
Section 1. That all jurors who are summoned and serve on
the jury in the Superior Courts of Swain County, Graham County.
Ashe County and Jackson County shall receive one dollar and
fifty cents per day and five cents per mile for their services ; and
all jurors summoned in capital cases as special venire shall be
paid the same as other jurors, whether they serve on the jury
or not: Provided, the boards of county commissioners of the
respective counties shall so order.
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 this the 3d day of March. A. D. 1909.
CHAPTER 463.
AN ACT TO PREVENT THE KILLING OR CAPTURING OP
QUAIL IN CALDWELL COUNTY.
Protection for
three years.
Violation of act a
misdemeanor.
Punishment.
Proviso: persons
hunting on own
lands or by per-
mission.
Open season.
The Oeneral Assembly of Nortlt. Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt,
shoot or in any way or manner kill or capture, trap or net any
quail or squirrels in Caldwell County for three years after the
ratification of this act ; and any person violating the provisions
of this act shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not more than fifty dollars or imprisoned
not more than thirty days: Provided, this act shall not apply to
any one hunting upon their own lands or upon the lands of an-
other with the permission of the owner thereof, between the
twentieth day of November and first day of January.
Sec. 2. That all laws in conflict with this act are hereby re-
pealed.
Sec 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
1909— Chaptek 464 — 465. 817
CHAPTER 464.
AX ACT TO IMPROVE THE PUBLIC ROADS OF COLLY
TOWNSHIP, BLADEN COUNTY.
The General Assemblu of North Carolina do enact:
Section 1. That the powers and authority of the Board of Straw in wheel
Supervisors of Colly Township, Bladeu County, be and are hereby
enhirged; that they may, when necessary, compel overseers of
public roads to place pine straw or other material in the wheel
ruts of public roads in such township.
Sec. 2. That this act shall be in force from and after its ratiflea-
tiou.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 465.
AN ACT TO AMEND CHAPTER .50 OF THE PUBLIC LAWS OF
inOl. ENTITLED "AN ACT RELATING TO HIGHWAYS,
PUBLIC ROADS, BRIDGES, FERRIES AND FORDS," AS
TO MECKLENBURG COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That chapter fifty of the Public Laws of one thou-
sand nine hundred and one be amended as follows :
First. By striking out of section seventy-two of said act, after Penalty tor
the word "pay," in line nine, and before the word "to," in line by"raUroad™om-
ten, the words "any sum not exceeding fifty dollars nor less than panies.
twenty-five dollars," and inserting in lieu thereof the words "the
sum of fifty dollars."
Second. By striking out of section seventy-three, after the word Penalty for failure
"forfeit," in line eight, and before the word "to," in line ten, the panyt™ discharge
words "any sum not exceeding fifty dollars nor less than twenty- duties as to
•^ o J .; repairing roads.
five dollars," and inserting in lieu thereof the words "the sum of
fifty dollars."
Third. By striking out of section seventy-four, after the word Penalty for
"pay." in line twelve, and before the word "and," in line thirteen, cross^g.'"^
the words "any sum not exceeding twenty-five dollars nor less than
five dollars," and inserting in lieu thereof the words "the sum of
twenty-five dollars."
Fourth. By striking out all of section seventy-five and inserting
in lieu thereof the following : "It shall be unlawful for any person Acts affecting
or corporation to obstruct or cause to be obstructed the drainage made'^unlawfuf
of any public road or highway, or to empty the water from any
culvert, ditch, pipe or other conduit into any such public road
Pub.— 52
818
1909— CiiAPTEK 465—466—467.
Misdemeanor.
Punishment.
or highway, or to stop up or prevent the flow of water through
any ditch, pipe or other conduit constructed along, over, across or
under any public road or highway for the purpose of draining the
same or the land contiguous thereto, or to fail and refuse, after
ten days' written notice from the supervisor of roads and high-
ways or other lawful oflicer, to unstop or remove any obstruction
heretofore placed by such person or corporation in any culvert,
ditch, pipe or other conduit so constructed along, over, across or
under any such public road or highway for the purpose of ob-
structing or retarding the flow of water through any such cul-
vert, ditch, pipe or other conduit. Any person or corporation
violating the provisions of this section shall be guilty of a mis-
demeanor, and upon conviction shall be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days."
Sec. 2. That the provisions of this act shall apply only to the
county of Mecklenburg.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March. A. D. lOOO.
CHAPTER 466.
AN ACT TO AMEND SECTION 2457, EEVISAL OF 1905, RE-
LATING TO FISHING IN ONSLOW COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand four hundred and fifty-
seven of the Revisal of one thousand nine hundred and five
Proviso: creeks in be amended by adding at the end thereof the following : "Pro-
vided, that this section shall not apply to the creeks in the sound
between Bogue Inlet and Brown Inlet, in Onslow County, except
the main channel thereof.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 467.
AN ACT TO PROHIBIT THE THROWING OF SAWDUST IN
CERTAIN STREAMS IN ALAMANCE COUNTY.
The General Assemhly of North Carolina do enact:
Unlawful to throw SECTION 1. That it shall be unlawful for the owner or any
to go^nto sti-eams! other person having charge of any steam sawmill in the county
of Alamance to throw- the sawdust of said mill or permit the
1909— Chapter 467—468—469. §19
T^- r.;,^ Aiirmnpp find Little Alaiiiance Streams
five dollars ($5) nor more than twenty-five dolU^;s ($25) oi im
prisoned twenty (20) days for each and ^'^^^^!^!^..^^^^,^^
Sec 2 This act shall be in force from and after its xatification.
Ratified this the 3d day of March, A. D. 1009.
CHAPTER 468.
^N ACT TO ABOLISH THE JANUARY TERM OF THE
SUPERIOR COURT FOR NORTHAMPTON COUNTY.
The General Assemhly of North Carolina do enact:
SECTION 1. That the January term of the Superior Court of Term abol.shed.
Northlmpton County, beginning on the sixth Monday before the
first Monday in March, be and the same is hereby ^bo ished
SEC. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 3d day of March, A. D. 190.).
CHAPTER 469.
^N ACT TO SECURE THE BETTER DRAINAGE OF LOW-
LANDS IN FORSYTH, SURRY, STOKES, ROCKINGHAM
AND DAVIDSON COUNTIES.
The General Assembly of North Carolina do enact:
SECTION 1. That upon application by petition to the clerk of Petition^for^^ ^^
the Superior Court, signed by three or more citizens, landowners drainage district.
<,n any creek or some of its tributaries in «-^f«"-f «^f J^.^'f^,
Surry, Stokes, Rockingham and Davidson, setting forth that it s
their desire to have the said creek or some portion thereof or its
tributaries drained under the provisions of ^^i^ act, describing
the land sought to be drained lying on said creek and each and
all of its tributaries, as well as possible, and the manner of diam-
•,c'e and giving the names of the several and respective owners
thei-eof and praying said court to declare all of the terntory
derc:ib;>d in said'petition a drainage district, the clerk of the Day tor heann.
Sunerior Court shall appoint a day for hearing, and shall hear ^^^.^^ ^^ ^^^^_
said petition, after not less than ten days" notice to each owner owners.
820
1909— Chapter 469.
District to be
declared and
defined.
Drainage com-
missioners.
Eiglit of appeal.
Bond on appeal.
Meeting and
organization of
drainage com-
missioners.
Quorum.
"Vacancies.
Overseers'
sections.
Appointment of
overseers.
Subdivision of
sections.
Appointment of
jury of view.
Notice to land-
owners.
Estimate of lands,
Mode of draining.
Dams and
obstructions.
of said land on said creek and its tributaries who are affected ;
and upon said hearing, if it shall appear that it shall be to the
advantage of the several and respective owners of lowlands
described in the petition, or a majority of them, to have their
laud drained, he shall in each case make an order declaring and
defining a drainage district, to be taken charge of and drained
under the direction of drainage commissioners, and shall appoint
not less than three nor more than five persons, landowners on
said creek or its tributaries, to be designated as drainage com-
missioners for said district, and numbered in the order in which
it is granted, such number to be a part of the corporate name
of the respective drainage district provided for in section thirteen
of this act, from which order any persons whose rights are af-
fected shall have the right to appeal to the Superior Court, upon
giving bond in the sum of two hundred dollars, conditioned to
pay such cost as shall be adjudged against him.
Sec. 2. That the said drainage commissioners so appointed shall,
upon notice by the said clerk, meet at a place by him designated,
and shall organize by electing one of their number chairman and
by electing a secretary and treasurer ; that at said meeting and
all subsequent meetings a majority of said commissioners shall
constitute a quorum for the transaction of all business ; that any
vacancy occurring for any cause in said board of drainage com-
missioners and any vacancy occurring in the office of the chair-
man or secretary and treasurer shall be filled by the commis-
sioners herein appointed or a majority of them, or in case they
fail to fill said vacancy within a reasonable time the same shall
be filled by the said clerk of the Superior Court.
Sec. 3. That as soon as said drainage district shall have been
declared and established under the provisions of this act the board
of drainage commissioners shall proceed to lay off said creek and
its tributaries into overseers' sections, of not less than a mile nor
more than two miles in length, and shall appoint an overseer
for each of said sections, who shall hold his place at the will of
said board of drainage commissioners ; that the said board of
commissioners shall from time to time subdivide said overseers'
sections, as they may deem proper and expedient, into smaller
sections, for the purpose of ditching and draining the same.
Sec. 4. That as soon as the drainage district has been divided
and subdivided, as hereinbefore provided for. the clerk of the
Superior Court shall, upon application of the board of drainage
commissioners and upon notice of not less than ten days to all of
the owners of lowlands to be affected, appoint a jury of three dis-
interested freeholders, whose duties it shall be to go upon the
lands to be drained, make an estimate of the number of acres of
sobbed or overflowed laud belonging to each owner within the
drainage district, and describe the mode and means to be used
to best secure the drainage, and to condemn and authorize the
I
1909 — Chapter -169. 821
removal of dams aud other obstructions thereon, and also an
estimated cost of draining the same, and shall at the same time Damages,
estimate aud assess the damages, if any, aud the benefits to such
owners arising out of the drainage thereof ; and said jury shall Report,
make a report of their action to the clerk of the Superior Court
withiu ten days after the completion of their work.
Sec. 5. That upon filing said report the clerk of the Superior Notice of hearing.
Court shall issue a notice to each landowner to appear on a day
appointed by him for hearing, which notice shall be served at
least ten days before such hearing, notifying each landowner to
appear and file exceptions to said report, if they see proper.
The commissioners shall also be notified by mail of said hearing.
Upon the hearing the clerk shall pass upon all questions presented Judgment upon
by exceptions and enter his findings in the form of a judgment, -^'^^'°^-
from which judgment any parties interested may appeal to the Right of appeal.
Superior Court upon giving bond as hereinbefore required for Bond on appeal,
costs ; that said judgment shall be docketed on the judgment judgment
docket of the Superior Court in the name of the board of drainage "docketed,
commissioners of the designated district against the owners of
the tracts of land upon which the assessment by the jury is made,
and such judgment shall be a lien upon the lands of the several Judgment a lien
and respective landowners. °" ^^'^'^^•
Sec. G. That the amounts so assessed against the several and Collection of
respective tracts of land, as provided for in this act, or so much
thereof as may be required by the board of drainage commission-
ers, shall be from time to time collected by the sheriff of the
county upon execution issued upon the judgments rendered against
the same, unless paid by the parties against whose lands the
assessments are made; and when collected or paid, they shall Application of
be paid to the secretary and treasurer of the drainage board, to ^^^^^^™^'^ ^•
be applied to the payments of all costs incurred in carrying out the
provisious of this act and in ditching the lowlands in the drain-
age district and in stopping the flow of said sand as hereinafter
provided for; and in raising all funds to pay necessary costs aud
expenses, including expenses of surveying, if necessary, shall be
apportioned among the various and respective landowners accord-
ing to the amount of assessed benefits to their lauds.
Sec. 7. That in all cases the various and respective owners of Work done by
sobbed or overflowed lands shall have the right to open the °^'^^''-
ditches under the supervision and direction of the overseer in
whose section their land lies, at his own expense, in lieu of
paying the assessment made against him : Provided he does the Proviso: time for
work within the time fixed by the board of drainage commission- "^^^ '
ers, aud in such cases shall only be liable for his proportion of
necessary costs aud expenses.
Sec. S. That the said board of drainage commissioners is hereby Dams or dikes,
invested with power and authority to cause to be erected and
822
1909— CiiAPTEK 469.
Other dams and
dikes.
Interference with
dikes a misde-
meanor.
Punishment.
Landowners to
obstruct flow of
sand.
Work done by
overseer on failure
or refusal of
landowner.
Recovery of cost
of work.
Landowners to
furnish hands.
Apportionment of
labor.
placed across the chaunel of any such creek iu the district to be
drained, or any of its tributaries, from time to time, as the work
progresses, a dam or dilie, level with the flowing water, but
not so as to unnecessarily pond and overflow the lands above
such dike; this dam or dike to be so built that it will hold back
the flow of saud and drift while the creek below such dam or
dike is being ditched and opened for the flow of water.
Sec. 0. That as soon as the laud below said obstruction has
been properly ditched the said board of commissioners is author-
ized and empowered to build and erect another dam or dike
further up the stream or streams for the like purpose of holding
back sand or drift, until the next section lying immediately below
such dike shall have been properly ditched ; and the board is
empowered and authorized to thus build dikes from time to time
along said stream and its tributaries and maintain the same,
until the lowlands on both the main creek and its tributaries shall
have been ditched and rendered fit for cultivation ; and any per-
son interfering in any way with such dikes, except by order of
the board, shall be guilty of a misdemeanor, and upon convic-
tion thereof before a justice of the peace shall be fined at the
discretion of the court, not exceeding fifty dollars.
Sec. 10. That during the process of ditching the lowlands
described in this act, and after the same has been completed, it
shall be the duty of each owner of land affected by this act to
obstruct the flow and washing of sand into said creek or any
of its tributaries from lauds ad.iacent to the lowlands on said
streams by filling and damming all washes and gulleys necessary
to prevent such flow of sand; all this to be done under the direc-
tion and supervision of said commissioners or the overseer of
the section including such lands.
Sec. 11. That in case any landowner shall fail or refuse to
stop the flow of saud and pi*event the same being. carried into said
creek or any of its tributaries, as provided for in this act, the
work shall be done by the overseer ui whose section such land lies,
and the cost thereof shall be paid by the owner of the land so
failing or refusing to stop the flow of sand, to be recovered In an
action brought by the said board of commissioners in any court
having jurisdiction thereof.
Sec. 12. That at any and all times when it may become neces-
sary to reopen, repair or protect ditches already open under the
provisions of this act, or to stop the flow of sand, as provided for
in this act, the board of drainage commissioners are authorized
and empowered to require each and every owner of bottom land
drained under the provisions of this act to furnish hands or
laborers to do such work, always being governed by the value of
assessed benefits as provided for in this act. In fixing the num-
ber of such hands and the amount of labor to be performed, so
as to bear equally upon each landowner in proportion to the
1900— Chaptek 469—470. 823
benefit to be derived by liim, such laborers or hands to be worked
by the respective overseers upon three days' notice to the laud-
owners in his section ; the purpose of this act being not only to
open and drain the lowlands of Forsyth, Surry, Stokes, Rocking-
ham and Davidson counties, but to preserve the canals and ditches
perpetually.
Sec. 13. That for the better carrying out of the purpose of this Commissioners
act the said commissioners appointed under the provisions of this 'incorporated.
act and their successors in office are hereby declared a body cor-
porate, with perpetual succession and with authority to institute Corporate powers,
and prosecute any suit or action in any court in this State in the Corporate name,
name of the board of drainage commissioners for the section so
named, and shall likewise be liable to be sued as such board,
but neither of said commissioners or their successors in office Commissioners
shall ever be held personally liable for any act done in his {-abie!^^^""^''^
official capacity.
Sec. 14. This act shall not be construed as repealing any por- Construction of
tiou of chapter eighty-eight of the second volume of the Revisal ^'^^'
of one thousand nine hundred and five, but the powers given
under this act are intended to be in addition to the powers in said
chapter.
Sec. 15. That in any proceeding had under this act, in which the Proceedings
clerk of the said Superior Court is interested as landowner in commis^s^oners
the district sought to be declared a drainage district, then such wlien clerk is
petition and proceedings for the establishment of such drainage
district in which he is so interested shall be filed and had with
the board of county commissioners, and all proceedings thereunder
shall be by them conducted in the same manner and with the
same powers and duties as is conferred upon the clerk of the
court under this act.
Sec. 1G. That this act shall apply to the counties of Forsyth, Application of
Surry, Stokes, Rockingham and Davidson only. ^^^'
Sec. 17. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 3d day of March, A. D. 1900.
CHAPTER 470.
AN ACT TO PROVIDE A BOARD OF AUDIT AND FINANCE
FOR THE COUNTY OF ROBESON AND TO FIX THE
DUTIES OF THE SAME.
The General Assemhhj of North Carolina do enact:
Section 1. That in order to perform the duties heretofore per- Board of audit
formed by the finance committee of Robeson County, under the crelted^"^*^^
general law, and certain other duties as fixed in this act, there
824
1909— Chapter 470.
Appointment of
board.
Term of board.
Chairman and
secretary.
Vacancies.
Qualifications for
members.
Interests and
employments for-
bidden to mem-
bers of board.
Oath of members
of board.
Form.
Bond of chairman.
is hereby created a board to be known as the "Board of Audit
and Finance of Robeson County." Said board shall consist of
three members, who shall be appointed by the General Assembly
of North Carolina at its present session and biennially thereafter.
The term of oflice of the members of said board shall be for two
years and until their successors are elected and qualified. One
of the members of said board shall be chairman and another shall
be secretary. If for any cause there shall be a vacancy in said
board the resident Judge of the Superior Court for the Seventh
Judicial District of North Carolina shall appoint some fit and
suitable person to fill such vacancy, and the person so elected
shall hold until his successor shall be selected and qualified as
herein provided for. The members of said board shall be discreet
and intelligent taxpayers of Robeson County, and the chairman
of said board shall be an expert accountant, well qualified to
discharge the duties imposed upon him by this act.
Sec. 2. It shall be unlawful for any member of said board to
be jointly, singly or in any other way, either directly or indirectly,
interested in any other public otiice, or to be agent or employee
of any public officer of Robeson County, or be interested in any
contract or undertaking wherein the county of Robeson or the
board of education or the board of road supervisors or any other
department of the county government is interested.
Sec. 3. The members of said board, in addition to the oath to
support the Constitution and laws of the United States and the
Constitution and laws of the State of North Carolina, shall take
before the Clerk of the Superior Court of Robeson County the
following oath of office, which oath shall be signed by each of the
members of said board and recorded in the book of official oaths :
"I (naming the member) do solemnly swear (or affirm) that I
am not interested, directly or indirectly, in any public office of
the county of Robeson, and that I am not interested, directly or
indirectly, in any contract or undertaking wherein the county of
Robeson or any department of the government thereof is inter-
ested; that I will diligently and impartially inquire into all
matters relating to receipts and disbursements of public funds of
the county, and malve a true report thereof, and that I will well
and faithfully execute the duties of my office as a member of the
board of audit and finance of the county of Robeson to the best
of my knowledge and ability, without fear, reward, favor or the
hope of reward : so help me, God."
Sec 4. Before entering upon the discharge of his duties, the
chairman of said board shall execute a good and sufficient bond,
payable to the State of North Carolina, in the penal sum of
five thousand dollars, conditioned upon the faithful discharge and
performance of his duties as chairman of said board as herein re-
quired. Said bond shall be subject to approval by the Board of
1909 — Chapter 470. 825
Commissiouei's of Robeson County, and when approved by said
board shall be filed with the register of deeds of said county, to
be kept with the other oflBcial bonds.
Sec. 5. It shall be the duty of said board of audit and finance Duties of board,
to inquire into and investigate and file a detailed and itemized
account of the condition of all county finances, the accounts of
all public • officers of Robeson County, including the board of
education and the board of road supervisors, or their successors,
and to make a true report thereof, and record the same in a book
to be provided and kept by the said board, to be known and
designated as the record of the Board of Audit and Finance of
Robeson County ; and the said board shall, at least once a year,
and oftener if necessary, publish a statement of the financial
condition of the county, showing by itemized statement the per-
manent and floating debt of the county, when contracted, what
for, and when due; and shall also publish a statement of the
receipts and disbursements of all the public funds of the county
of Robeson, showing the total amount received and the total
amount disbursed for each particular purpose, which said report
shall be published at the courthouse door and also in some news-
paper of general circulation published in the county, once a week
for at least two weeks immediately following the filing of said
report. The reasonable cost of such publication shall be paid Cost of publica-
from the funds of the county of Robeson by the county treasurer
upon the warrant of the chairman of the board of commissioners
of said county.
Sec. G. It shall be the duty of said board of audit and finance Further duty of
to inquire into and investigate the condition in office of all public "°^^°-
ofiicers of the county of Robeson, and to report to the board of
commissioners of said county and to the solicitor of the district
any misappropriation of public funds, violations of law or mal-
feasance in ofl[ice by any public officer. The said board of audit Duties performed
and finance shall also perform all the duties heretofore performed c6mmit"ee.
by the finance committee of the county under the general law.
Sec. 7. The said board of audit and finance shAll have the power Power to send for
to send for persons and papers and to administer oaths ; and any p|p^°rs\nd
person failing to obey any summons or to produce promptly any administer oaths.
Failure to appear,
papers or books relating to or supposed to relate to any matters give evidence and
ai)pertaining to the duties of said board, or who shall refuse to papers^1i'^m°ide-'^'^
appear and give evidence of all such matters and things as he ™63,nor.
shall know of and concerning any matters the investigation
whereof is herein made the duty of said board, shall be guilty
of a misdemeanor, and upon conviction in the Superior Court
shall be fined or imprisoned at the discretion of the court, and Punishment.
shall also be liable to a penalty of two hundred dollars for each ^"^ ^'
failure or neglect, to be recovered by suit in any court of competent
jurisdiction, in the name of the said board of audit and finance, _. „ ^
Penalty to use of
for the benefit of the public-school fund of the county of Robeson, school fund.
82G
1909— Chapter 470.
Notice to oflBcers
to make settle-
ments.
Forfeit on ofiicer
failing.
Misdemeanor.
Punishment.
Proviso: release
from forfeiture in
discretion of court.
Power to employ
counsel.
Proviso: limit of
fees.
Power to prescribe
form of books and
manner of
keeping.
County com-
missioners to
furnish books.
Board to superin-
tend listing and
assessment of
taxes.
To recommend
list takers and
assessors.
Proviso: com-
missioners may
disregard recom-
mendations.
Chairman to
examine tax lists.
Sec. 8. If any clerk of the Superior Court, sheriff, county treas-
urer, register of deeds, road commissioner or trustee, or any other
public ofiicer who may hold any county money, shall fail to account
for the same, as provided by law, the board of audit and finance
shall give such person ten days' previous notice, in writing, of
the time and place at which said board will attend to make a
settlement, and every officer receiving notice and failing to make
settlement as required by this act shall forfeit the sum of five
hundred dollars, to be sued for by said board, for the use and at
the expense of the public-school fund of the county of Kobeson,
and shall also be guilty of a misdemeanor and fined or imprisoned,
in the discretion of the court : Provided, however, that the court
may, in its discretion and for good cause, release any such officer
from said forfeiture.
Sec. 9. The board of audit and finance shall have power, if it
deem necessary, to employ counsel to prosecute any public officer
or to advise it upon matters of law : Provided, the total amount
of attorney's fees shall not exceed the sum of one hundred dol-
lars for any one year.
Sec. 10. The board of audit and finance shall have the right
from time to time to prescribe the manner of keeping all the
public accounts of the county, and have the power to prescribe
for each of the public officers of the county the form of books
to be kept by them in the receipt and disbursement of all funds
which may come into their hands under color of their office. It
shall be the duty of the Board of Commissioners of Robeson
County, upon the request of said board of audit and finance, to
furnish to the various public officers of Robeson County the neces-
sary books prescribed by said board of audit and finance.
Sec. 11. It shall be the duty of said board of audit and finance
to supervise the listing of taxes and the assessment of same by
the various list takers and assessors of the county, and the said
board of audit and finance shall recommend to the board of
commissioners of said county, at least twenty days before the
time prescribed by law for the appointment of list takers and
assessors, the names of suitable and competent persons in the
various townships of the county to be appointed by said board of
commissioners as list takers and assessors: Provided, however,
that the board of commissioners may, whenever they think best,
disregard the recommendations of said board of audit and finance
as to the naming of said list takers and assessors, and elect other
persons instead.
Sec. 12. It shall be the duty of the chairman of the board of
audit and finance to examine the tax lists as made out by the
various list takers and assessors, after they are completed, and
to see that the same are neatly, accurately and properly made out.
1909— Chapter 470. 827
and to approve or disapprove the same before the said list takers
and assessors shall be paid for such work by the board of com-
missioners of said county.
Sec. 13. It shall be the duty of the chairman of said board of Chairman to
audit and finance to diligently inquire into and investigate the o"^proJfeny.^'*^'"^
listing of all property in said county subject to tax, and to cause
all property subject to tax to be properly listed for taxation, and Reports of
to that end it shall be the duty of the chairman of said board to unl'ist^e'f property
investigate and report to the Board of Commissioners of Robeson ^'i<^ P"l's.
County the names of all persons failing to list their property for
taxation, together with a statement of the property so unlisted;
and it shall also be the duty of the chairman of said board of
audit and finance to investigate and report to the board of com-
missioners of said county the names of all persons subject to poll
tax who have failed to give in their poll, and thereupon it shall be
the duty of said board of commissioners to cause such property
and polls to be placed upon the tax books as provided by the gen-
eral laws of the State.
Sec. 14. It shall be the duty of the chairman of said board of Chairman to
audit and finance to make out two copies of the tax list for each [^^ llsts.^'^^ °
township as revised and settled by the tax lister, according to a
form to be furnished to them by the State Auditor. Such form Forms.
shall show, in different columns, the sum due by each taxpayer
to the State and to the county, and also in separate columns the
amount of school poll tax levied by the General Assembly and
the county commissioners, and the total amount of property school
tax levied by the General Assembly and the county commissioners.
and also the amount of any special taxes levied in and for the
county of Robeson as is now or may hereafter be provided by law.
One of said copies shall remain in the office of the clerk of the
board of commissioners ; the other to be delivered to the sheriff
or tax collector on or before the first ^Monday in September in
each year, and he shall receipt for the same : Provided, however, Proviso: tax list
^, ^ . , . ^ ., , ,...,, If . • „ in form of receipt
that in niakmg out said tax lists the board ot commissioners of book.
said county may require the chairman of the board of audit and
finance to make out one copy of said tax list according to the form
prescribed by the Auditor of State, as hereinbefore set forth, the
same to remain in the office of the clerk of the board of com-
missioners, and the other copy, in the form of a receipt book,
with stubs attached, to be delivered to the sheriff or tax collector
as provided by law.
Sec. 15. It shall be the duty of the chairman of the board of Duties of register
audit and finance to perforin and discharge all the duties hereto- on chairman,
fore imposed upon the Register of Deeds of Robeson County by
virtue of the provisions of sections seventy-four, seventy-six and
seventy-seven of chapter two hundred and fifty-eight. Public Laws
of one thousand nine hundi-ed and seven, commonly known as the
machinery act, or which may hereafter be imposed upon said
828
1909— CiiAPTEK 470.
Chairman subject
to pains and
penalties.
Register of deeds
relieved from
duty.
Duty of chairman
in regard to tax
books.
Mayors to report
to chairman.
Further dutj' of
chairman.
Proviso: sheriff
not relieved of
duty.
Majrors and
justices to report
fines.
Chairman to
cause payment of
fines.
Settlements with
sheriffs.
register of deeds uuder similar sections of any machinery act
enacted subsequent to said act of one tliousand nine liundred and
seven; and the chairman of said board of audit and finance shall
be subject to the pains and penalties provided in said sections for
neglect of such duty, as is provided by said sections to be imposed
upon the register of deeds ; and the Register of Deeds of Robeson
County is hereby relieved of the duties imposed upon him under
said sections of the Machinery Act of one thousand nine hundred
and seven, or similar sections of subsequent machinery acts, all
of said duties being hereby imposed upon the chairman of the
Board of Audit and Finance of Robeson County.
Sec. 16. It shall be the duty of the chairman of the Board of
Audit and Finance of Robeson County to exercise a general super-
vision over the tax books of the county of Robeson, with a view
to preventing the double listing of property and similar errors;
and in connection with the board of commissioners of said county
it shall be his duty to go over said tax lists and correct any errors,
omissions or mistakes which may appear therein.
Sec. 17. It shall be the duty of the mayors of each incorporated
town in the county of Robeson to report to the chairman of the
board of audit and finance of said county, on or before the first
Monday in June in each and every year, the names of all persons
in their respective towns who may be subject to the payment of
Schedules B and C taxes ; and it shall be the duty of the chair-
man of the board of audit and finance to diligently inquire what
other persons in said county, residing outside the towns, may be
liable for the payment of such tax, and. it shall be the duty of the
said chairman of said boai'd of audit and finance to report to the
Sheriff of Robeson County the names of all persons subject to
such taxes: Provided, hoicever, that this section shall not relieve
the Sheriff of Robeson County of any duties connected with said
taxes as are now or which may hereafter be imposed upon him
by law.
Sec. is. It shall be the duty of the mayors of the several towns
within the county of Robeson and of all justices of the peace
within said county to report to the chairman of the board of audit
and finance at least once every three mouths, or oftener if said
chairman may require, all fines or penalties imposed by them,
together with the disposition made of the money, giving the name
of the person fined and the amount thereof; and it shall be the
duty of the chairman of said board of audit and finance to cause
all such fines to be paid to the Treasurer of Robeson County by
said mayors or justices of the peace, and to exercise a general
supervision as may be necessary, to the end that all fines be prop-
erly accounted for by the collecting officers and turned over to the
county treasurer.
Sec. 19. It shall be the duty of the chairman of said board of
audit and finance to act as accountant for the county in making
1909— CiTAPTEE 470. 829
the settlements with the sheriff and treasurer of the county ; to Quarterly exam-
... , . J. , i • i, ination of books
supervise, scrutinize and examine at least once in every three and accounts.
calendar months all books, accounts, receipts and vouchers and all
other public records of the county, to the end that it may be seen
whether the various public offices are being kept in the condition
provided by law ; and if it shall appear to said chairman that Meeting of board
any provision of law is being violated, then it shall be his duty ^^ ^ '
to call a full meeting of said board of audit and finance and lay
such violation before said board, that action may be taken to
correct same, as provided by law.
Sec. 20. It shall be the duty of said board of audit and finance Audit of final
to audit and approve for final settlement the accounts of all public settlements,
officers of the county of Robeson, and to cancel all vouchers in-
cluded in said settlement by a proper cancellation stamp, to be
officially adopted by said board of audit and finance. All vouchers Preservation of
so canceled by said board shall be listed, sealed and labeled and vouchers,
deposited in the vault in the register's office, in a metal case to
be provided by the board of commissioners of said county, which
said case shall be locked and the key remain in the possession
of the chairman of the board of audit and finance.
Sec. 21. The said board of audit and finance shall have, adopt Seal of board,
and use a common seal.
Sec. 22. The Board of Commissioners of Robeson County shall Rooms, furniture,
furnish to said board of audit and finance a suitable room or i-ooms stationery,
in the county courthouse, together with necessary furniture, fix-
tures and stationery, all to be paid from the general county fund,
for the use of said board. The chairman of said board of audit Chairman to give
and finance shall give his entire time to the discharge of the duties work.
imposed upon him by this act and by law, and shall not during
his term of office engage in any other business or occupation ; and
the office of said board of audit and finance shall be kept open
as the offices of other public officers of said county.
Sec 23. Any public officer or other person who shall willfully Neglect of duty
fail or neglect to perform any duty required of him by this act ^^j^^^^^^^j.^ "^'®"
shall be guilty of a misdemeanor, and upon conviction shall be Punishment.
punished by fine or imprisonment, or both, in the discretion of the
court.
Sec. 24. The members of the board of audit and finance, except Compensation of
the chairman, shall receive as compensation for their services the ^^"^''^''^ °^ •^°^^'^'
sum of five dollars per day for each day they shall be engaged in
the discharge of their duties, and five cents per mile for each mile
traveled in going to or from the place of meeting : Provided, that Proviso: limit,
no compensation shall be allowed the members of said board, other
than the chairman, for more than ten days in any one year : Pro- Proviso: clerical
vided further, that the chairman of said board shall perform all ^ '^^'
the duties of expert accountant and all other clerical duties re-
quired under the provisions of this act in making all inquiries
and investigations.
830
1909— CiiAPTKR 470.
Salary of chair-
man.
Clerical assistance.
Limit on amount.
Employment in
discretion of
board.
Payment from
general funds.
Board of audit
and finance under
former law to turn
over books, docu-
ments and other
property to board
under tliis act.
Sections of revisal
repealed as to
Robeson county.
Board named.
Chairman.
Sec. 25. The chairman of said board of audit and finance shall
be paid for his services the sum of one thousand five hundred dol-
lars per annum, payable in twelve equal monthly installments.
Sec. 2G. In addition to the compensation to the chairman and
members of said board of audit and finance hereinbefore provided
for, the said board of audit and finance shall, have the power to
employ such clerical assistance as may in their judgment be neces-
sary to assist the chairman of said board in making up the tax
lists and performing the services in connection with the tax lists
as herein provided, the amount to be paid for such clerical assist-
ance to be not more than seven hundred dollars per annum. The
said board of audit and finance shall employ such clerical assist-
ance for such period and at such times and at such rate of com-
pensation as they in their discretion may deem advisable, provided
the total amount to be paid for such clerical assistance be not
more than the sum of seven hundred dollars, as hereinbefore set
forth.
Sec. 27. The compensation of said board and the expenses and
disbursements thereof, as herein provided, shall be paid out of
the public funds of the county of Robeson upon order of the chair-
man of the board of commissioners of said county, and the treas-
urer of said county is hereby authorized and directed to pay the
same upon presentation to him, and charge the amount thereof
against the public funds of the county of Robeson.
Sec. 28. That the Board of Audit and Finance of Robeson County
appointed under the provisions of chapter four hundred and eight,
Public Laws of North Carolina, session of one thousand nine
hundred and seven, shall forthwith, upon the qualification of the
board of audit and finance provided for by this act, turn over to
said board of audit and finance appointed hereunder all official
books, records, papers or other documents under their control by
virtue of their office, and all other property or effects now in their
possession or under their control by virtue of the office heretofore
held by them.
Sec. 29. That the provisions of sections one thousand three hun-
dred and eighty-nine, one thousand three hundred and ninety, one
thousand three hundred and ninety-one, one thousand three hun-
dred and ninety-two and one thousand nine hundred and ninety-
three of the Revisal of one thousand nine hundred and five, and
chapter four hundred and eightj'-eight of the Public Laws of
North Carolina, session of one thousand nine hundred and seven,
in so far as the same apply to the county of Robeson, be and they
are hereby repealed.
Sec. 30. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed, in so far as they may
apply to the county of Robeson.
Sec. 31. That Abner Nash, J. N. Buie and A. J. Floyd be and
they are hereby elected and appointed members of the Board of
Audit and Finance of Robeson County, and Abner Nash shall be
1909— Chapter 470—471—472. 831
chairman of said board and J. N. Buie shall be secretary thereof ; Secretary.
and the members of said board and the officers thereof shall hold Term of office,
office for a term of two years and until their successors shall be
elected and qualified, as provided for in this act. •
Sec. 32. This act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1900.
CHAPTER 471.
AN ACT TO PROTECT DEER IN THE COUNTIES OF HEN-
DERSON, TRANSYLVANIA, HAYWOOD AND JACKSON.
The General AssemNy of North Carolina do enact:
Section 1. That it shall be unlawful to chase with dogs, hunt Chasing, hunting
or Ivillins deer
or kill deer within the counties of Henderson, Transylvania, Hay- forbidden.
wood and Jackson, except that bucks with horns large enough to Exception as to
be distinctly seen in the woods may be hunted or killed, but not ^^ ^'
chased with dogs, between the first day of November and the
fifteenth day of December of each year : Provided, that all persons Proviso: private
owning private parks, having suitable fences around same, and P^'"^^-
who raise deer for the pux'pose of propagation and have domesti-
cated deer therein, may kill any of their said deer at their option
at any time of the year.
Sec. 2. That no person shall kill in one year more than two Limit on number,
bucks, and shall not hunt at night with light. Fire hunting.
Sec. 3. That any person violating the provisions of this act Violation of act a
shall be guilty of a misdemeanor, and upon conviction thereof punishment.'^
shall be fined twenty-five dollars or imprisoned in the discretion
of the court for the first offense, and upon conviction of the second First offense,
offense shall be fined fifty dollars or imprisoned, or both, in the ®^^°"'^ °^®"^®-
discretion of the court.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1009.
CHAPTER 472.
AN ACT TO VALIDATE BOND ELECTION IN ASHE
COIWTY.
The General Assemhly of North Carolina do enact:
Section 1. That whereas the commissioners of Ashe County, Subscription to
under and by virtue of section two thousand five hundred and
fifty-eight of the Revisal of one thousand nine hundred and five.
832
1909— Chapter 472—473.
Subscription
endorsed by
voters.
Doubts as to
validity of elec-
tion.
Election and sub-
scription legalized,
subscribed one hundred thousand dollars ($100,000) to the capital
stock of the Virginia and Southern Kaihvay Company upon cer-
tain conditions and stipulations, which are fully set out in the
said subscription; and whereas a general election was held in said
county during the year one thousand nine hundred and eight,
under and by virtue of sections two thousand five hundred and
fifty-nine and two thousand five hundred and sixty; and whereas
said subscription was duly ratified by a majority of the qualified
voters of Ashe County; and whereas there is some doubt enter-
tained as to the validity and regulation of said election : now,
therefore, said election and subscription is hereby legalized, vali-
dated and made regular, and all defects, defaults and irregularities
are hereby cured and said election is hereby ratified.
Sec. 2. That this act shall be in fox'ce from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. WOO.
CHAPTER 473.
AN ACT TO AMEND SECTION 5349 OF THE REYISAL OF
1905 AND PROVIDE FOR THE CLASSIFICATION AND
PUBLICATION OF THE ACTS OF THE GENERAL AS-
SEMBLY INTO PUBLIC, PUBLIC-LOCAL AND PRIVATE
LAWS.
Classes of laws.
Classes marked.
Public laws and
resolutions.
Public-local and
private laws.
Publication and
distribution.
The General Assembly of North Carolina do enact:
Section 1. That section five thousand three hundred and forty-
nine of the Revisal of one thousand nine hundred and five be
repealed, and that the following be substituted : "The Secretary
of State shall divide the laws into three classes — public, public-
local and private laws ; and it shall be his duty, at the time of
making the marginal notes, to mark on the upper right-hand
corner of each act the words 'public,' or 'public-local,' or 'private,'
and acts thus marked shall be kept separate by the State Printer.
The public laws and resolutions shall be published in one volume
to themselves. The public-local and private laws shall be kept
separate and indexed separately, but may in the discretion of the
Secretary of State be bound together in one or more volume
or volumes, which volume or volumes shall be published and dis-
tributed as are now the private laws."
Sec 2. That this act shall be in force from and after itsl'atifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
1909— Chapter 474—475. 833
CHAPTER 474.
AX ACT TO AMEND CHAPTER 948 OF THE LAWS OF 1907.
RELATIVE TO FISH.
The General AssemNy of North Carolina do enact:
Section 1. That chapter nine huuclred and forty-eight of the
Laws of one thousand nine hundred and seven be amended by
inserting at the end of section four the following : "Provided, Close season.
that this chapter shall only apply to that part of the year begin-
ning January fifteenth and ending May fifteenth."
Sec. 2. That it shall be unlawful for any person to buy, sell, Size of fish.
offer for sale or to have in his possession any bluefish, trout or
drum under eight inches in length, or any mullet under six
inches in length, or any croakers, spots and hogfish under five
inches in length, at any time during the year.
Sec. 3. That any person or persons violating any of the pro- Misdemeanor.
visions of this act shall be guilty of a misdemeanor, and upon Punishment.
conviction be fined not less than ten dollars nor more than fifty
dollars.
Sec. 4. That this act shall only apply to the counties of Carteret, Application of
Pamlico, Beaufort, Hyde and Dare.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 475.
AN ACT RELATIVE TO HUNTING IN CARTERET COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section three, chapter eight hundred and ninety- Close season.
five. Public Laws of one thousand nine hundred and seven, be
and the same is hereby amended to read, "April first to October
first of any year."
Sec. 2. That it shall be lawful to hunt within the boundaries Open season.
of Carteret County the following birds, known in said county as
"blue heron," "stake driver," "quawk," "sage hen" and "shy
poke," from August thirty-first to May first following of each
year.
Sec. 3. That all laws and clauses of laws in conflict herewith
are hereby repealed.
Sec. 4. This law shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
Pub.— 53
834
1909— Chapter 476—477—478.
CHAPTER 476.
AN ACT TO AMEND SECTION 2785 OF THE REVISAL OF
1905, EELATING TO THE TAY OF COUNTY COMMISSION-
ERS IN ONSLOW COUNTY.
Three dollars and
mileage.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand seven hundred and eighty-
five of the Revisal of one thousand liine hundred and five be and
the same is hereby amended by inserting in line six of said sec-
tion, after the word "Currituck" and before the word "and," the
word "Onslow."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 477.
Sale of beverages
requiring national
tax forbidden.
Misdemeanor.
Punisliment.
AN ACT TO REGT'LATE THE SALE OF SOFT DRINKS IN
MOREIIEAD CITY, CARTERET COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or cor-
poration to sell or offer for sale within the corporate limits of
Morehead City, Carteret County, any "near beer" or other drinks
as a beverage, the sale of which requires a United States license
or tax.
Sec. 2. That any person, firm or corporation violating 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. This act shall be in force from and after its ratification.
Ratified this the .3d day of March. A. D. 1909.
CHAPTER 478.
AN ACT TO PROTECT FISH IN BLACK RIVER AND ITS
TRIBUTARIES, IN THE COUNTIES OF PENDER AND
BLADEN.
The General AssemNy of North Carolina do enact:
Close season. Section 1. That it shall be unlawful for any person or persons
to catch or take fish, either by rod or hook, seines, nets, striking,
muddying the pools or lagoons, feeling by hand, gigging or in any
835
;1^909 — Chapter 478 — 4:79 — -iSO.
other method or in any manner whatsoever, during the months
of May, June, July and August, excepting Tuesday and Friday open days.
of each week in each year, in the waters of Black River and its
tributaries, in the counties of Pender and Bladen.
Sc % Any person or persons violating the provisions ot this Misder^eanor.
ac-; shall be guilty of a misdemeanor, and upon -nviction hned Punishment.
not less than five dollars ^^^^^ ^^^^l^^J^^^^^^^^^
or imprisoned not more than thirty (oU) days, one uaii u informer.
to be paid to the informer and one-half to ^'^^ ,^''''^'J''^^.^, .^.^
Sec: 3. That all laws and clauses of laws m conflict with this
act are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratihca-
tion
Ratified this the 3d day of March, A. D. inOO.
CHAPTER 479.
^X VCT TO DISCONTIiNUE A SECTION OF PUBLIC ROAD
IN MONTGOMERY COUNTY.
The General Assembly of North Carolina do enact:
SECTioK 1. That the public road in Rocky Spring Townshn^, Road^defi,^^^^^
Montgomery County, leading from Neill Ritter's place, on the
south Carolina Road, to Killis' mill, Drowning Creek, be and
the same is hereby discontinued.
Sec. 2. That this act be in force and effect from and aftei its
ratification.
Ratified this the 3d day of March, A. D. ino.). ■
CHAPTER 480.
AX VC-T ST'PPLEMEXTAL TO "AN ACT TO APPOINT A COT^
TON WEIGHER FOR RED SPRINGS TOWNSHIP AND TO
PROVIDE FOR HIS ELECTION."
The General Assembly of North Carolina do enact:
SECTION 1. That an act entitled "An act to appoint a cotton Quaimcations for
weigher for Red Springs Township and to provide for his elec-
tion." ratified on the twenty-second day of FebruarJ^ one thou-
sand nine hundred and nine, be and the same is hereby amended
bv striking out the words "ninety days," m line ten of section
t;o of said act. and inserting in lieu thereof the words foui
"' Sec.'"2. That this act shall be in force from and after its ratifica-
Ratified this the 3d day of March, A. D. 1909.
836
1909— Chaptek 481—482.
CHAPTER 481.
AN ACT TO CONFIRM PATENT No. 99, ISSUED APRIL 13.
17S0, TO JOHN GUERRARD.
Patent validated
and confirmed.
Prior entry or
grant.
The General AsseinNy of North Carolina do enact:
Skction 1. That a patent issued by the State of North Carolina,
known as "patent number ninety-nine," on the thirteenth of April,
one thousand seven hundred and eighty, to John Guerrard, of New
Hanover County, and recorded in the said county, in book "L,"
at page sis hundred and forty-four, be and the same is hereby
validated and confirmed in all respects.
Sec. 2. That nothing herein shall be construed to affect any
prior entry or grant thereon obtained by any other person.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the .3d day of March, A. D. 1909.
CHAPTER 482.
AN ACT TO ALTER THE PUBLIC ROAD IN WILKES
COUNTY KNOWN AS THE PHILLIPS' GAP ROAD.
Road to be
changed.
Commissioners to
lay off change.
Time for com-
missioners to act.
Grade, width and
condition of road.
Road commis-
sioners to report
action.
Overseers named.
The General Assemhly of North Carolina do enact:
Section 1. That the public road now in use in Wilkes County
leading from North Wilkesboro to Phillips' Gap be changed or
altered between the ford of Lewis' Ford, nearest G. W. Welshe's
to W. S. Hall's ; and in order to effect said change C. R. Trip-
left, J. M. Parsons and L. M. McGlammery are hereby appointed
commissioners to lay off said change between said points on
said road.
Sec. 2. That said commissioners shall, within two months from
the ratification of this act, perform their duties by laying off said
change, and shall designate the place of said change, as far as
possible, by stakes and blazes ; the grade, width and condition
of said road to be as the law now requires in said county, and
not steeper than that required by the present road law of so id
county.
Sec. 3. That said road commissioners shall make a report of
their action, within thirty days from the date thereof, to the
Board of Commissioners of Wilkes County, and J. T. Ashley and
J. R. Phillips are hereby appointed overseers of said road, whose
duty it shall be to summon the hands allotted herein and cause
said change of road to be constructed under their supervision.
1909— Chapter 482—483. 837
Sec. 4. That all persons liable to road duty and living within Road hands
three miles of the said change shall be liable to work on and ^^^'^^^
construct said road; and it shall be the duty of said Board
of Commissioners of Willies County to order and direct them
so to work on said road under the overseers appointed, and they
shall be liable to all fines and forfeitures for failure or neglect
to so work in the construction of said road : Provided, that no Proviso: limit of
person shall be required to work more than five days on said road ^°^ " ^'
within one year.
Sec. 5. When the road is completed the overseer or overseers Report of com-
shall report the same to the board of commissioners of said county, P^e^'°" °^ ^oad.
and said road shall be kept up as other public roads of said
county.
Sec. 6. That the county commissioners of said county shall pay charges for
all charges for blasting and material used in the construction J^^atedal.^'^'*
of said road.
Sec. 7. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 8. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 483.
AN ACT FOR THE RELIEF OF D. W. BULLOCK, EX-REGIS-
TER OF DEEDS OF ROBESON COUNTY.
The General Assembly of Xorth Carolina do enact:
Section 1. That the board of road supervisors of the county of Pay for listing
Robeson be and they are hereby authorized, empowered and
directed to pay to D. W. Bullock, ex-Register of Deeds of Robe-
son County, the sum of two cents per name for his services in
computing, calculating and listing the special road tax of the
county of Robeson for the year one thousand nine hundred and
seven, the said sum of two cents to be paid to said Bullock for
each and every individual against whom road taxes were com-
puted, calculated and listed for said year one thousand nine hun-
dred and seven.
Sec. 2. That in order to carry out the provisions of this act it Computation of
shall be the duty of said Board of Road Supervi-sors of Robeson ^™°
County forthwith to ascertain the number of persons within the
county of Robeson against whom road tax was computed, cal-
culated and listed for the year one thousand nine hundred and
seven, and to compute the amount due said D. W. Bullock, as
aforesaid, at two cents per name, and to draw their warrant for
the amount so ascertained in favor of said D. W. Bullock upon
838
1909— Chapter 483—484—485.
the Treasurer of Ilobeson County; and it shall be the duty of the
said Ti-easurer of Robeson County to pay the said warrant out of
the general road funds now in his hands or which may come into
his hands hereafter.
Sec. 3. That all laws and clauses of laws iu conflict with this
act be and the same are hereby repealed.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1009.
CHAPTER 484.
AN ACT TO CONFER CERTAIN POWERS ON THE DIREC-
TORS OF STATE INSTITUTIONS IN REGARD TO LAND.
Grants of
privileges and
easements
authorized.
The General Assembly of North Carolina do enact:
Section 1. That the directors of the various State institutions
are authorized and empowered to grant privileges and easements
to individuals or companies to run telegraph, telephone or power
transmission lines over land belonging to said institutions, when
in their judgment it is right and proper to do so, and subject to
such terms and conditions as they may impose, and subject in
each case to the approval of the Attorney-General of the State.
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the 3d day of March, A. D. 1909.
CHAPTER 485.
AN ACT REGULATING THE PAY OF CERTAIN WITNESSES
IN CRIMINAL ACTIONS IN DURHAM COUNTY.
Witness fees of
salaried oflBcers
or employees not
taxed against
county.
The General Assemhly of North Carolina do enact:
Section 1. That whenever the costs, or any part thereof, of the
trial of a criminal action tried in the county of Durham shall
be taxed against the county of Durham, the witness fees of a
salaried officer or salaried employee of the county of Durham or
of the city of Durham who shall be a witness in said action shall
not be taxed against the county of Durham in the bill of costs.
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 this the 4th day of March, A. D. 1909.
\
1909— Chapter 486—487. 839
CHAPTER 486.
AX ACT TO INCREASE THE COMPENSATION OF THE STE-
NOGRArHERS OF THE SUPREME COURT.
The General Assemhij/ of North Carolina do enact:
Section 1. That the act of the General Assembly of oue thou- Salary increased,
sand niue hundred and seven, chapter eight hundred and forty-
one, ratified March ninth, one thousand nine hundred and seven,
be amended by striking out the words "three hundred" where they
occur in said act and inserting the words "four hundred" in lieu
thereof.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 4th day of March, A. D. 1909.
CHAPTER 487.
AN ACT RELATING TO THE ERECTION OF A MONUMENT
TO THE MEMORY OF CONFEDERATE SOLDIERS IN HEN-
DERSON, NORTH CAROLINA.
Whereas the Vance County Chapter of the United Daughters of Preamble.
the Confederacy desires, by the erection of a suitable monument
in the town of Henderson, Vance County, to commemorate the
bravery and heroism of the Confederate soldiers who took part
in the great Civil War from one thousand eight hundred and
sixty to one thousand eight hundred and sixty-five, and especially
those who were enlisted from the territory now comprising the
county of Vance, many of whom lost their lives, and many others
of whom, having survived that great struggle, have since been
called to their final reward or are now nearing the end of life's
journey ; and whereas the Daughters of the Confederacy are now
raising funds by private subscription for that purpose; and
whereas the town of Henderson and the county of Vance desire to
encourage and give aid to the Daughters of the Confederacy in
this noble and laudable undertaking : now, therefore,
The General Assembly of North Carolina do enact:
Section 1. That the mayor and board of commissioners of the contribution by
town of Henderson, in the county of Vance, are hereby fully au- ^°^'" authorized.
thorized and empowered to appropriate and pay out of the public
funds in the town treasury a sum equal to that which may be
raised by the Daughters of the Confederacy by private subscription,
donation or otherwise, to be used in the erection of said monument,
not to exceed, however, the sum of one thousand dollars ; and the Limit of amount.
board of commissioners for the county of Vance is likewise au- ^JJinTy'"'*^'^*""''^^
thorized and empowered to appropriate and pay out of the public autiiorized.
840
1909— Chapter 487—488—489.
funds iu the treasury of the county a sum equal to that which
may be raised by the Daughters of the Confederacy by private
subscription, donation or otherwise, to be used in the erection of
Limit of amount, said monument, not exceeding, however, the sum of one thousand
dollars ; the amounts appropriated, as above provided for, to be
paid to the treasurer of the Daughters of the Confederacy by the
treasurers of the town of Henderson and county of Vance upon
the orders or warrants of said town or county commissioners.
Sec. 2. The said mayor and hoard of commissioners of the town
of Henderson or the board of commissioners for the county of
Vance may in their discretion give to the Daughters of the Con-
federacy the right and permission to erect said monument on any
of the streets or other property belonging to said town or county.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 4th day of March, A. D. 1909.
Payment of
contributions
Location of
monument.
CHAPTER 488.
AN ACT TO PROHIBIT THE MANUFACTURE AND SALE OP
INTOXICATING LIQUORS WITHIN CERTAIN LOCALITIES.
Prohibition.
Misdemeanor.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or
corporation to manufacture, sell or dispose of, for gain, any in-
toxicating liquors within four miles of Oak Grove Church, Liberty
Church and New Hope Church, all in Randolph County, North
Carolina.
Sec. 2. That any person violating the provisions of section one
of this act shall be guilty of a misdemeanor and fined or im-
prisoned in the discretion of the court.
Sec. 3. That this act^hall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1909.
CHAPTER 489.
AN ACT TO AMEND CHAPTER 436 OF THE PUBLIC LAWS
OF 1907.
The General Assembly of North Carolina do enact:
Punishment for SECTION 1. That section three (3) of chapter four hundred and
fighting and bull thirty-six (436) of the Public Laws of one thousand nine hundred
baiting. ^j^^ seven be and the same is hereby amended by striking out the
1909— Chapter 489—490—491. 841
last two Hues of said section and inserting in lieu thereof the
words "fined not more than fifty dollars or imprisoned not more
than thirty days."
Sec. 2. That section four (4) of said chapter be and the same Punishment on
is hereby amended by striking out the words "fined or imprisoned 5"^®^°°^ ^ ^'^ i°s.
in the discretion of the court," in lines five and six, and inserting
in lieu thereof the words "fined not more than fifty dollars or
imprisoned not more than thirty days."
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1909.
CHAPTER 490.
AN ACT TO AMEND SECTION 1314 ANT3 TO REPEAL SEC-
TION 131.5 OF THE REVISAL OF 190-5, IN REGARD TO
FILLING VACANCIES IN THE BOARD OF COMMISSION-
ERS IN VANCE COUNTY.
The General Assembly of yoi-th Carolina do enact:
Section 1. That section one thousand three hundred and four- Exception
, „ , stricken out.
teen of the Revisal of one thousand nine hundred and five be
amended by striking out all of said section after the word "term,"
in line four.
Sec. 2. That section one thousand three hundred and fifteen of Special section
repealed,
the Revisal of one thousand nine hundred and five be repealed.
Sec 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1909.
CHAPTER 491.
AN ACT TO REGULATE THE COMI'ENSATION OF THE
COUNTY TREASURER OF CURRITUCK COUNTY.
The General Assemhl]/ of North Carolina do enact:
Section 1. That the Board of County Commissioners and the Allowance for
Board of Education of Currituck County may, in their discretion settlement of
and in addition to the commission allowed by law, make such accounts,
further allowance for attendance before said boards in the settle-
ment of his accounts as said boards may think just and reason-
able.
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1909.
842
1909— Chapter 492—493.
CHAPTER 492.
AN ACT AUTHORIZING THE COUNTY OF RICHMOND TO
CONTRIBUTE TO A FUND FOR THE ERECTION OF A
CONFEDERATE MONUMENT IN RICHMOND COUNTY.
Payment
authorized.
Amount.
Care and protec-
tion of memorial.
The General AsscmhJij of North Carolina do enact:
Section 1. That the Board of County Commissioners of Rich-
mond County are hereby authorized to pay the Confederate Vet-
erans' Association of Richmond County tlie sum of five hundred
dollars ($500) out of any funds in hand to aid in the completion
of the monument now in contemplation by said association in
memory of the bravery and devotion of soldiers from that county
in the Civil War.
Sec. 2. That the said memorial, when completed, shall be under
the care and protection of the board of commissioners of said
county, and full power in respect thereto is hereby vested in said
board.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1900.
CHAPTER 493.
AN ACT TO PROVIDE FOR WORKING THE ROADS OF
RUTHERFORD COUNTY.
Application of
general law.
Public roads and
ferries defined.
Townsliip road
supervisors.
Boards of super-
visors incor-
porated.
Time for appoint-
ment of super-
visors.
The General Assenihly of Nortli Carolina do enact:
Section 1. That chapter sixty-five of the Revisal of one thou-
sand nine hundred and five of North Carolina shall apply to
Rutherford County, unless otherwise provided in this act.
Sec. 2. All roads and ferries that have been laid out or ap-
pointed by virtue of any act of assembly or any order of court
are hereby declared to be public roads and ferries, and the Board
of Commissioners of Rutherford County shall appoint three com-
petent men in each township (except High Shoals, in which town-
ship the commissioners shall appoint twelve men), who shall have
the supervision and control of the public roads in their respective
townships. They shall, with respect to their work, constitute and
be styled the board of supervisors of public roads of each town-
ship, and under that name, for the purpose aforesaid, they are
hereby incorporated the board of supervisors of public roads. The
commissioners of Rutherford County shall appoint the above-
named supervisors at their regular meeting in April, one thousand
nine hundred and nine, and thereafter at the regular meeting in
\
1909— Chapter 493. 84:]
January and annually thereafter, said supervisors to serve without Supervisors to
J,, , , J, . ^ , J. 1-11, J. serve without pay.
pay. The board ot supervisors of each township shall meet on Meetings of
the first Saturday after the first Monday in April; one thousand supervisors.
nine hundred and nine, and thereafter in August and February, as
provided by chapter sixty-five of the Revisal of one thousand
nine hundred and five. At their meeting in April, one thousand Proceedings.
nine hundred and nine, they shall proceed as provided by chapter
sixty-five, section two thousand seven hundred and fifteen, of the
Eevisal of one thousand nine hundred and five. For High Shoals Additional super-
visors lor Higli
Township, in addition to the nine supervisors for Cliftside, Hen- siioals townsliip.
rietta and Caroleen, the county commissioners shall appoint three
competent men, who shall be known and styled the Board of
Supervisors of High Shoals Township, and they shall have charge
of all roads outside of the limits of Cliffside, Henrietta and Caro-
leen, in High Shoals Township. The board of commissioners shall Supervisors at
appoint three competent men each at Cliffside, Henrietta and etta and Caroleen.
Caroleen, who shall be styled and shall constitute the board of
supervisors for Cliffside, Henrietta and Caroleen, and they shall
have charge of the roads of these respective places.
Sec. 3. That all able-bodied male persons of Rutherford County Persons subject to
between the ages of eighteen and forty-five shall work on the ' ^'
public roads of said county for four days in each and every year,
at such time and place and in such manner as may be designated Road duty.
by the township supervisors or overseer : Provided, that any per- Proviso: sub-
son may have the right to furnish an able-bodied man, who shall stit"^^^-
be acceptable to the road supervisors or overseer, to work in his
place : Provided, that the said board of supervisors or overseer Proviso: warning.
In each township shall give to each person who is sub.iect to road
duty at least two days' notice, by personal warning or by leaving
a written notice at the home or residence of such person, specifying
in such notice the time and place, when and where such work is
to be performed, and also designating in such notice the tool or
implement with which such person shall be required to work :
Provided further, that in case of washout or other unexpected Proviso: emer-
obstruction to travel, the two days' notice shall not be required ^^"^^' ^^°'^^'
or necessary; and any person liable to road duty in the town in
[.which such obstruction to travel may occur shall, upon being
properly summoned by said supervisor or overseer, respond to
such summons with reasonable promptness: Provided /w</(er. Proviso: territory
that, for the purpose of this act, Cliffside shall consist of the ter- q^ cHttside.
ritory within one-half mile in each direction from the company
store of the Cliffside Cotton Mills ; for the purpose of this act. Of Henrietta.
Henrietta shall consist of the territory within three-fourths mile
in each direction from the company store of the Henrietta Cotton
Mill; Caroleen shall consist of the territory within three-fourths Of Caroleen.
mile in each direction from the company store of the Henrietta ^°^,fs \n^ii'"u of
Cotton Mill ; and any citizen or resident in Cliffside, Henrietta road duty.
844
1909— Chapter 493.
Apportionment of
road tax.
Collection of road
tax.
Commission of
collector.
Bonds of
collectors.
Failure to dis-
charge road duty
a misdemeanor.
Punishment.
Allotment of road
work.
Proviso: work
under .supervisioa
of overseer.
or Caroleen sub.1ect to road duty under the provisions of this act
shall be excused from any and all liability on account of such
duty, except the property tax heretofore imposed, on the pay-
ment to the general road fund of the county annually of the sum
of two dollars ($2) each; and of this sum so paid in com-
mutation for physical road duty not less than one-half shall be
apportioned by the county commissioners or others exercising
general control over the question to the territory, respectively,
of Cliffside, Henrietta and Caroleen, as above described. The
board of supervisors for Cliffside, Henrietta and Caroleen shall
appoint some competent man at each one of the above-named
places, whose duty it shall be to collect the above-mentioned sum,
and he is hereby authorized to collect the same and to turn the
same over to the board of supervisors of the respective places
when collected, who shall pay over to the Treasurer of Rutherford
County, to be credited by him to the general road fund of Ruther-
ford County. For such service the collector shall be paid a com-
mission of not exceeding five per centum (5%), this road tax
to be due and payable on the first day of June and December in
each and every year.
Sec. 4. The collectors for Cliffside, Henrietta and Caroleen shall
each give bond in the sum of five hundred dollars ($500), said
bond to be filed with and approved by the board of supervisors
of Cliffside, Henrietta and Caroleen, respectively. Nothing in
this act is construed to mean that the above-named collectors are
authorized to collect any money other than that which is to be
paid in commutation of labor.
Sec. 5. That any person who shall, after being duly notified as
provided in section three of this act, fail to appear and work as
required to do, or any person living in Cliffside, Henrietta or
Caroleen failing to pay a sum of two dollars, as above provided
(provided that any person may send an able-bodied man to work
in his place if such person is acceptable to the overseer or super-
visors), or any person who shall appear, as notified, and fail or
refuse to perform good and reasonable labor, as required by said
supervisors or overseer, shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than three nor
more than ten dollars or Imprisoned in the county jail for not
less than ten nor more than twenty days.
Sec. 6. That the overseer of any road in said county may, with
the consent of the board of supervisors of the township, allot cer-
tain sections of his said road to any person subject to road duty
on said road, to be kept up in lieu of the annual labor to be
performed by said person : Provided, however, that the same shall
be worked under the supervision of said overseer and may be let
upon such terms and conditions as to said overseer and board
of supervisors may seem best.
I
1909— Chaptek 493. ' 845
Sec. 7. That all money now in the hands of the Treasurer of General road fund.
Rutherford County, or which may come into his hands under
or by virtue of chapter six hundred and seventy-eight, Laws of
one thousand nine hundred and seven, shall be known as the
general road fund of Rutherford County, and all money hereafter
raised by the road-tax law which was passed by the Legislature
of one thousand nine hundred and nine, and which was ratified
February twenty-six, one thousand nine hundred and nine, shall
also be known as the general road fund of Rutherford County,
and the same shall be apportioned and disbursed by the county Apportionment,
commissioners to the different townships of Rutherford County
according to the number of miles of road in each township which
in the opinion of the township supervisors and board of county
commissioners needs help from this fund. The county commission- Purchase of
ers, before disbursing this fund to the several townships of the ™
county, may expend as much as twenty-five per cent of said
general road fund for the purchase of such machinery as they
may deem for the best interest of the county, the balance of the
fund to be divided as hereinbefore mentioned. The county treas- Separate accounts.
urer is hereby directed to place the amount apportioned to each
township on his books as a separate account, to be known as the
general road fund of Township, and he shall monthly
credit to each township its pro rata part of the same as collected.
The township board of supervisors shall expend the money so Expenditure of
allotted to them for the best interests of the roads of their respec- ^°^
tive townships : Provided, that no money shall be spent out of the proviso: special
general road fund on roads except in reducing the grades and "*^^-
in filling and draining mudholes on said roads, said grade not to Grade of roads.
exceed six per cent, except for short sections in the mountain
sections of the county : Provided, that the supervisors shall have proviso: authority
the authority to contract with any person or persons to fill in any *oad"^ork*^ ^°^
mudholes with rock as they may deem necessary. The supervisors
are al.so authorized to contract with any person or persons to grade
and construct any roads in their respective townships, and the
boaixl of supervisors are hereby authorized to draw their war-
rants on the county treasurer for such work : Provided, that no
warrant shall be drawn in excess of the amount apportioned to
that township by the county commissioners.
Sec. 8. That this act shall be considered as supplemental to the Act supplemental
act entitled "An act to provide for the levying of taxes for the *° general act.
working, of the roads of Rutherford County," which act was passed
and ratified by the General Assembly on February twenty-six,
one thousand nine hundred and nine.
Sec. 9. It shall be the duty of the county commissioners, at their Time for appor-
meeting in May, one thousand nine hundred and nine, to apportion fjfjfd™^"* "'^ ^°^'^
as much of the general road fund of Rutherford County as may
now be on hand among the townships as provided for in this act :
84G
1909— Chapter 493—494.
Magistrates to sit
with supervisors.
Purchase of
machinery by
townships.
Worlc before act
effective.
Section limited.
and at the meeting of the board in August of each and every year
they shall apportion the amount levied for that year to the variou.s
townships of the county in the provisions of this act.
Sec. 10. The magistrates in the different townships may sit
with the board of supervisors in each township at their regular
meetings and advise with them as to the proper disposition of the
general road fund allotted to said township.
Sec. 11.' The township board of supervisors shall have autliority
to purchase out of the general road fund apportioned to the said
township any tools or machinery whicli in their judgment is neces-
sary and for the best interest of the said township.
Sec. 12. That until the machinery of this act can be put into
effect the Board of Commissioners of Rutherford County are
hereby instructed and authorized to have the necessary repairs
made on any road in the county which in their opinion is neces-
sary and demanded .for the benefit of tlie traveling public, and the
same shall be paid for out of the general road fund of Ruther-
ford County on warrant signed by the chairman and clerk of said
board; the provisions of this section to expire June first, one thou-
sand nine hundred and nine, or sooner if the township board
of supervisors organize before that date.
Sec 13. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 14. That this act sliall be in force from and after its ratifi-
cation.
Ratified this the 4th day of March, A. D. 1909.
CHAPTER 494.
AX ACT TO REGULATE PRIMARY ELECTIONS IX HALI-
FAX AND NASH COUNTIES.
Candidates to be
nominated by
primary.
Time of holding.
Notice.
Notification to
county board of
elections.
77(6 General Assemhly of North Carolina do enact:
Section 1. That every political party, organization or associa-
tion in any county whose legislative candidates at the preceding
election received as much as one-third of the total vote cast in the
county shall nominate its candidates for the General Assembly,
county and township officers by a primary election held as here-
inafter provided.
Sec 2. The time of liolding such primary election shall be fixed
by the county executive committee or other governing body of
said political party, organization or association, of which there
shall be not less than fifteen days' notice.
Sec 3. The said executive committee or other governing body
shall promptly notify the county board of elections of said county
of the time fixed for said primary election, and it shall thereupon
»
1909— CHArxEE 494. , 847
be the duty of said board of elections to appoint three managers Board of elections
,,_ . J. ■ ■ -, iiiijto appoint man-
of said primary for each election precinct m said county to hold agers
said election, who, before entering upon the duties of their office, Managers to be
sworn
shall each take and subscribe an oath that he will faithfully, im-
partially and honestly conduct the same according to law. Should Vacancies,
one or more of the managers appointed to hold such election fail
to appear on the day of the election, the remaining manager or
managers shall appoint others in their stead and administer to
them the oath herein prescribed. The managers shall take said
oath before a notary public, justice of the peace or other officer
authorized to administer oaths; but if no such officer can be
conveniently found, the managers may administer the oath to
each other.
Sec. 4. The county board of elections shall provide at each Ballot boxes,
election precinct three ballot boxes, one for the legislative can-
didates, one for county candidates and one for township can- Boxes to be
„ , „ , . , i , , . • J opened and ex-
didates. Before any ballots are received at such election, and hibited.
immediately before opening the polls, the managers shall open
each ballot box to be used in such election and exhibit the same
publicly, to show that there are no ballots in such box. They
shall then close, lock or seal such boxes, except the opening to
receive the ballots, and shall not again open the same until the
close of the election. They shall keep a poll list, with the name PoO lists.
of each voter voting in said election, and shall, before receiving statement to be
the ballots of any voter, require the said voter to state that he ^^'^^ ^^ ^'°*^'"-
is a Jjona fide member of the political party holding said primary.
duly qualified to vote therein, and has not voted before in said
election, and to_ pledge that he will in good faith support and Pledge.
vote for the candidates nominated in said primary at the ensuing
election, unless prevented by sickness or other unavoidable cause
from attending the same.
Sec. 5. At the close of the election the managers shall proceed Count of vote and
, , . ,, ,^ r.-,, t ,, declaration of
publicly to count the votes and declare the result. They shall result.
<-ertify the result of such election and transmit such certificate, Returns.
with the poll lists and all other papers relating to such election,
on the second day after the election, to the county seat, by one
of their members, whom they shall appoint a member of the
county returning board.
Sec. G. That the respective managers aj)pointed to bring the County returning
returns as aforesaid from each precinct shall constitute the county °^'" '
returning board, who shall meet at the county seat on the second
day after said primary election, at noon, and after being duly Canvass of
sworn shall open and canvass the returns from each precinct and
declare the result in the county. The returns and poll books shall Deposit of returns
then bo deposited with the clerk of the Superior Court, who shall ^'^'^ ^"'^ ^^°°^^-
keep them for six months. Candidate receiv-
Sec. 7. The candidate who receives a majority of the votes cast ing majority of
for the office for which he ran shall be the nominee of said party ^he'iiomfnee^'^
•
848
1009— Chapter 494.
Proviso: when no
candidate receives
majority.
Second primary
within ten days.
Qualifications for
voters.
Challenge for
party affiliation.
Oath to abide
result.
Hours of election.
Polling booths.
Communication
with voter for-
bidden.
Space to be kept
clear.
Challengers.
for such office: Provided, that whenever uo candidate shall receive
a majority of the votes cast for any office, then the one who
receives the highest vote for said oflice shall be the nominee, un-
less the one who received the next highest vote shall demand, in
writing, duly delivered to the chairman of the county board of
elections within five days after the meeting of the county return-
ing board, that a second primary be held. In case such demand
shall be made within said time, there shall be a second primary
held for such office within ten days from the delivery of said de-
mand under the same rules and regulations as the first, but no
candidates shall be entitled to participate therein except the two
who received the highest vote in the first primary.
Sec. S. That in such primary election only those shall be en-
titled to vote who are then or will become duly qualified voters
in the election for which candidates are then being nominated
and who are bona fide members of the party holding such primary.
If the party affiliation of any voter is challenged he must show
by his oath, or otherwise, to the satisfaction of the managers,
before being allowed to vote, that he voted for the candidates of
the party holding said primary in the next preceding general elec-
tion, unless he was prevented from voting therein by nonage,
sickness, absence from the county or other unavoidable cause, and
must make oath that he will in good faith abide the result of the
then pending primary and that he will vote for the candidates
nominated therein at the ensuing election, unless prevented from
voting by some unavoidable cause.
Sec. 9. That the polls shall be opened on the day of the primary
from seven o'clock A. M. to six o'clock P. M., and no longer. A
space of not more than fifty feet in every direction from the
polls or room in which such primary election is held may be
kept clear of all persons except the election officers and challengers,
which space may, if the executive committee of the party holding
said primary so direct in any pi'ecinct, be railed or roped off
with a narrow passage leading to and from the polls, and each
elector may be required to approach the polls from one direction
through the said passage, and, after his ballot is deposited in the
box, with as little delay as possible, to depart by the passage
leading from the polls. Only one voter shall enter said passage
leading to the polls at one time. After the voter has entered
the passage, no one except the election officers or the challengers
shall be permitted to speak to or make any signs to him until
his ballot has been deposited and he has passed out of said en-
closure. The said railed or roped space shall at all times during
the hours of balloting be kept open and clear of all persons ex-
cept the officers aforesaid. The executive committee of the county
may appoint for each polling place one or more discreet persons
as challengers, and in the event that the said executive com-
mittee fails to appoint such challenger or challengers the man-
1909— Chapter 494. 849
agers of the primary election at such polling place may appoint
them, and if the vote of any elector shall be challenged, then witnesses allowed
the election officers shall permit within the enclosure such wit- ^v't.hin enclosure.
nesses as either challenger or elector may desire, to be admitted
one at a time.
Sec. 10. That the several candidates for legislative and county Notice of can-
offices shall, at least five days prior to any primary election, didacy.
file with the clerk of the Superior Court of the county a notice,
in writing, that he will be a candidate in such primary election
and the office for which he will be a candidate, which notice
shall be signed by him, and the said clerk shall endorse on the Endorsement of
back of each of said notices the date filed in his office, and shall ^°^^'^*^-
preserve the same, subject to the inspection of any elector. The Lists of candi-
said clerk shall have a complete list of all of said candidates ^^^^jflj^^^lg"^^*"^"^"
printed, with instructions thereon as to how many persons each printed,
voter may vote for for each office, and distribute the same at
each precinct on the day of said election, for the information of
the voters, and the managers must post at least five of said lists Lists to be
in conspicuous places at the precinct. posted.
Sec! 11. To provide funds for holding such primary elections Assessments on
and paying the expenses thereof, each candidate for the Legis- ^^a-ndidates.
lature and for county offices shall, at least five days before such
primary, pay to the chairman of the party holding such primary
such sums as may be assessed by the executive committee, not
exceeding the sum of twenty dollars, and each township can-
didate two dollars, and, failing to pay the same, shall not be
entitled to participate in said primary : Provided, if there is any Proviso: surplus
surplus after paying all the expenses of said primary it shall be candidates'?
prorated among the candidates.
Sec. 12. In case there shall be any offices for which no can- Nominees if no
didate seeks the nomination before said primary, and for which priJ^ary*^^ before
no nomination is made by it, the nominees therefor may be named
by the county executive committee of the party holding said
primary or in such manner as said committee may dii'ect.
Sec. 13. The executive committee of any political party holding Further rules.
a primary election hereunder may adopt such further rules for
the conduct of the same as it may deem proper, not inconsistent
with the provisions of this act.
Sec. 14. Any manager who shall be guilty of unlawfully violat- Manager violating
ing any of the duties devolving upon such position herein shall m"isrferneanor.°
be guilty of a misdemeanor, and upon conviction thereof shall bo Punishment.
punished by a fine not to exceed one hundred dollars or im-
prisoned not to exceed six months; and any manager who shall be Fraud or corrup-
guilty of fraud or corruption in the management of such election nieanor.
shall be guilty of a misdemeanor, and upon conviction thereof Punishment.
shall be fined in a sum not to exceed five hundred dollars or im-
prisoned not to exceed a term of twelve months, or both, in the
discretion of the court.
Pub.— 54
850
1909— Chapter 494—405.
False swearing
perjury.
Voting or
attempting to
vote in primaries
of different
parties fraudulent
Punishment.
Repeating a mis-
demeanor.
Punishment.
Voting without
being qualified a
misdemeanor.
Bribing voter or
accept a i\ce of
bribe a misde-
meanor.
Punishment.
Application of act,
Sec. 15. Any person who shall swear falsely in taking the
prescribed oath or shall personate another person or take the
oath in his name, in order to vote, shall be guilty of perjury.
Sec. 16. If any voter, having participated in one party primary
election, shall vote or attempt to vote in a different party primary
election held for a similar purpose during the same political cam-
paign, he shall be guilty of fraudulent voting, and upon conviction
shall be punished in the same manner and to the same extent
as if he had voted illegally in a general election ; and if any voter,
having voted once iu such primary election, shall vote or attempt
to vote a second time in the same election at the same or a dif-
ferent poll, he shall be guilty of a misdemeanor and shall be fined
not less than one hundred dollars or imprisoned not less than
thirty days, in the discretion of the court. Any person who shall
vote in said election, not being legally qualified and entitled to
do so, shall be guilty of a misdemeanor.
Sec. 17. If any person shall attempt to influence the vote of
another by the use of intoxicating liquors, or if bribe be offered
to bribe any voter by the promise of anything as a reward to be
delivered or as a service to be performed prior to, at the time
of or subsequent to such primary election, and any person shall
accept any bribe or other thing of value for his vote or influence
in such primary election, he shall be guilty of a misdemeanor and
shall be fined not less than one hundred' dollars or imprisoned not
less than thirty days, in the discretion of the court.
Sec. is. That this act shall apply to the counties of Halifax and
Nash only.
Sec. 19. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 495.
AN ACT FOR THE RELIEF OF L. M. WALTERS AND W. L.
HENDRIX AND J. W. CALLOWAY, OF ASHE COUNTY.
Lands to be
included in Aslae
county.
The General Assembly of North Carolina do enact:
Section 1. That the line between Ashe and Wilkes counties
shall be changed as follows : Beginning at or near the falls of
Fall Creek, in Wilkes County, and runs so as to include the lands
now owned by W. L. Hendrix, L. M. Walters and Mrs. A. D.
Cowles, and also the lands of J. W. Calloway which are con-
tiguous to the land he now owns that lie in Ashe County.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
1909— Chapter i96— 197. 851
CHAPTER 496.
AX ACT TO CREATE A HISTORICAL ASSOCIATION FOR
THE PERPETUATION OF THE MEMORY OF THE LIFE OF
DANIEL BOONE.
Whereas it is a well-knowu historical fact that the uoted pioueer, Preamble.
Daniel Boone, lived for many years in the State of North Caro-
lina, and that his infancy and young manhood were spent in what
was at the time Rowan County and is at present the county of
Davidson ; and whereas it is desirous that his memory should be Preamble,
perpetuated among us :
The General AssetnhJy of North Carolina do enact:
Sectiois' 1. That the Daniel Boone Association be and is hereby Corporation,
created and made a corporation, with power to purchase aud hold Corporate powers,
lands and other property, to erect suitable memorials, to solicit and
collect funds, together with historical materials, and to do all
and such things as are necessary to perpetuate the memory of the
life of Daniel Boone in North Carolina.
Sec. 2. That the powers heretofore enumerated be and are Trustees.
hereby vested in a board of trustees, viz., Phillip Sowers, G. F.
Cochran, J. R. McCrary, John S. Henderson, A. H. Boyden and
F. A. Olds and associates, to the number of five additional trustees.
to be selected by a majority of themselves. Said board shall have Vacancies,
the power from time to time to fill vacancies by a vote of a ma-
jority of their number, and this power shall continue in and be
exercised by their successors, so as to make said board a self-
perpetuating one.
Sec. 3. This act shall be in force from aud after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 497.
AN ACT TO CREATE A RECORDER'S COURT FOR THE
TOWN OF AURORA AND RICHLAND TOWNSHIP AND
DEFINE JURISDICTION AND TERRITORY THEREOF.
Tlie General Assemhly of North Carolina do enact:
Section" 1. That a recorder's court is hereby established and Court established.
created, to be known as the "Recorder's Court for the District of District defined.
Aurora," which shall compri.se all of Richland Township, in Beau-
fort County.
Sec 2. That the said court shall be a court of record and shall Court of record,
be presided over by an elector of Beaufort County residing in
1909— Chapter 497.
Recorder.
Term of recorder.
Election of
successor.
County com-
missioners to elect
recorder.
Recorder to
qualify.
Compensation of
recorder.
Sessiofis of court.
Jurisdiction.
Concurrent juris-
diction.
Exclusive original
jurisdiction.
Offenses declared
petty misde-
meanors.
Proviso: prosecu-
tion within six
months.
Jurisdiction of
justices of the
peace.
Sentence to road
work.
Eichlaud Township, who shall be a man of good moral character
and who shall be known as the "Recorder of the Aurora District."
Sec. 3. That the recorder hereinafter provided for in this act
shall hold office until the next general election, when his successor
shall be elected by the qualified voters of Richland Township,
in the same manner and at the same time county and township
officers are elected.
Sec. 4. That at the first meeting of the Board of County Com-
missioners of Beaufort County following the ratification of this
act it shall be the duty of the said board to elect a recorder, who
shall possess the qualifications required by section two of this
act, and the said recorder shall at once take and subscribe before
the clerk of the Superior Court of said county the same oath as is
required of the judges of the Superior Court, and shall forthwith
be inducted into office and shall thereafter perform the duties
herein prescribed.
Sec. 5. The said recoi'der shall receive as full compensation for
his services the same fees and in the same manner as is now al-
lowed to justices of the peace, except for trial and judgment the
fee shall be two dollars for each trial and judgment, and where
there is more than one defendant one dollar for each additional
defendant.
Sec. 6. The said recorder shall hold daily sessions, legal holi-
days and Sundays excepted, in the town of Aurora, in some build-
ing to be provided by the board of town commissioners of Aurora.
Sec. 7. The jurisdiction of the said court shall be as follows :
(a) Said court to have concurrent jurisdiction with the courts
of justices of the peace in all criminal offenses committed within
Richland Township.
(6) The said court shall have exclusive original jurisdiction to
hear and determine all other criminal offenses committed within
said township below the grade of felony, as is now defined by law.
and all such offenses committed within said township are hereby
declared to be petty misdemeanors : Provided, that in all criminal
offenses where said court has been given jurisdiction by this act,
and no prosecution has been commenced within six months from
the commission thereof, the Superior Court of Beaufort County
may proceed to try the same, as though this court did not exist.
(c) The said court shall have all the jurisdiction, power and
authority as is conferred on justices of the peace by the Con-
stitution and existing laws of North Carolina, and shall have
power and authority to sentence any person convicted in the said
court, for which the punishment is imprisonment, to be confined
in the common jail of Beaufort County, to be worked on the
public roads of said county; and any person convicted and punished
by a fine may be required to work on said road for the nonpayment
of same, at fair and reasonable wages, to be fixed by the board
of county commissioners, until the same is paid in full, together
1909— Chapter 497—498. 853
with the cost, aucl then to be discharged : Provided further, that Proviso: bond on
iu all cases where au appeal is taken to the Superior Court it shall ^^PP^^,!.
be the duty of the said recorder to require a reasonable bond,
and send the same, together with all papers, to the next term
of the Superior Court to be held for the trial of criminal cases in
said county, where the trial in all such cases shall be de novo;
said appeal to be perfected as from a court of the justice of the Trial on appeal.
peace.
Sec. 8. The said court shall have a seal, with the impression seal of court.
"The Recorder's Court for the District of Aurora," which seal shall
be used in the attestation of all writs, warrants, summons or other
proceedings, acts, process, judgments or decrees of said court, iu
the same manner and to the same effect as the seals of the other
courts of North Carolina.
Sec. 9. That the said recorder shall provide and keep a per- Dockets and
manent document and record of all papers, proceedings and proc- ^^'^o^^^- '
esses, which is to be open to public inspection at all times.
Sec. 10. The said recorder shall at least one time in each mouth Monthly reports
prepare and transmit a true record of all his official acts to the ^° superior courts.
Clerk of the Superior Court of Beaufort County, and all fines im- Payment of fines,
posed and collected shall be paid in to the treasurj^ of said county
on or before the second Tuesday in each month.
Sec. 11. That iu all trials for criminal offenses, upon a demand Juries.
for a jury by the defendant, the said recorder shall draw the same,
as is now provided in actions before a justice of the peace and
with the same rights and challenges as now exist.
Sec. 12. That in case of a vacancy in the said recorder's office, County com-
for any cause, it shall be the duty of the Board of County Com-
missioners of Beaufort County to appoint a recorder for the
balance of the unexpired term.
Sec. 13. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec 14. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 5th day of March. A. D. 190rt.
missioners to fill
vacancies.
CHAPTER 498.
AN A<"T TO AT'THORIZE THE .TUDGE OF THE SUPERIOR
COT'KT IN CERTAIN CASES TO APPOINT POLICEMEN IN
LEAKSVILLE TOWNSHIP, ROCKINGHAM rOUNTY, N. C.
Whereas, in Leaksville Township, Rockingham County, there Preamble.
are a number of cotton and woolen manufacturing enterprises ;
and whereas a municipal corporation is impracticable on account Preamble,
of the large area embraced in this manufacturing district, and
854
1909— Chapter 498.
Preamble.
Judges authorized
to appoint police-
men or constables.
Powers of police-
men and con-
stables.
Proviso: applica-
tion of general
law.
Fees.
Term of office.
Removal for
cause.
Appointees to
qualify.
iu lieu of a municipal corporation there has been organized what
is known as the Civic Association of Spray, N. C, composed of a
number of representative citizens of Leaksville Township, and
is a corporation without capital stock, which performs some of the
functions of the town government ; and whereas the inhabitants
of said Leaksville Township are in great need of police protection,
and the said civic association has no power of holding election or
in any other manner of obtaining policemen : now, therefore.
The General Asscmhhj of 'Sorth Carolina do enact:
Section 1. That upon the application of the said Civic Associa-
tion of Spray, N. C, requesting the appointment of one or more
persons to act as policeman or policemen and constable or con-
stables for said Leaksville Township, the resident Judge of the
Superior Court of the judicial district in which said Leaksville
Township may be located, or any Superior Court judge riding
or holding courts in said judicial district, may appoint such per-
son or persons as he may see fit to act as such policeman, police-
men, constable or constables.
Sec. 2. That every policeman or constable so appointed shall
possess the power to preserve the public peace, arrest and detain
all violators of the law, and all other powers now conferred ui)on
policemen in incorporated towns by law, and shall in addition have
all the power and authority and be charged with the same duties
as are exercised by and conferred upon the constable or constables
of Leaksville Township under the laws of North Carolina iu all
matters connected with and incident to the otiice of constable :
Provided,
Sec 3. That nothing in the general law shall conflict or be in-
consistent with the provisions of this act; and Provided further,
that any laws or clauses of laws pertaining to the matter of elec-
tion of constables shall not apply to the said policemen or con-
stables, as aforesaid, and any person acting as such constable or
policeman shall be allowed the fees allowed constables by law,
and such policeman or constable appointed as aforesaid may
execute any and all processes and perform all other acts that
may now be executed or performed by the constable in and
throughout Leaksville Township. The term of office of said con-
stable or policeman shall be two years, subject to removal by the
said Judge of the Superior Court for cause or upon reciuest
of the said civic association. Before such policeman or constable
so appointed shall enter upon the duties of said office, they shall
qualify as is now required of township constables.
Sec. 4. That this act shall be iu force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
1909— Chapter 499—500. 855
CHAPTER 499.
AX ACT AUTHORIZING THE COMMISSIONERS OF DAVIE
COUNTY TO BUY ADDITIONAL LAND FOR THE PUR-
POSE OF A COUNTY HOME FOR THE AGED AND INFIRM.
The General Assemhhj of North Carolina do enaet:
Sectiox 1. That the Board of Commissiouers of Davie County Purchase
be autl they are hereby authorized to purchase, in their discretion,
either at public or private sale, all additional lauds which said
board may deem best for the improvement of said home for the
aged and iufirm and for the best interest of Davie County, having
due regard for the firewood upon any land so purchased by
them.
Sec. 2. That the number of acres of land hereby authorized to Limit of purchase.
be purchased shall in no instance exceed fifty, and shall, if a
suitable contract can be made therefor, be contiguous to the Location,
present tract of land now owned by said county and used for the
purpose of a county home. The title for said land shall be vested Title,
in the county of Davie.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 500.
AN ACT TO AMEND CHAPTER S5, VOLUME 2 OF THE
RE VI SAL OF 1905.
The General Assemhly of North Carolina do enact:
SECTION 1. That Joseph G. Brown. W. A. Blair, Henry C. Dock- ^^j^^'^t.nc charittS
ery. A. C. McAlister and Carey J. Hunter be and they are hereby named.
appointed as the members of the Board of Public Charities of the
State of North Carolina, and that their terms of office shall begin Terms of office.
on July first, one thousand nine hundred and nine; that the said
Carey J. Hunter and A. C. McAlister shall each hold their term of
office for two years, and that Joseph G. Brown and Henry C. Dock-
ery shall hold their offices for four years, and that W. A. Blair
shall hold said office for a term of six years; that all vacancies Appointments to
„,. , , . ^ . ^ XI hll vacancies,
occurring. ff)r any cause, shall be filled by appointment of the
Governor for the unexpired term. He shall also appoint members Appointment of
, . . ■, X, X ,, successors.
of said board as the terms of those herein expire, and that the
terra shall be six years.
Sec. 2. That all laws in conflict with this act are hereby re-
pealed.
Sec. .3. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
856 1909— Chapter 501—502.
CHAPTER 501.
AN ACT TO AMEND SECTION 1 OF CHAPTER 508 OF THE
PUBLIC LAWS OF 1907.
The General AssemUy of Tslorih Carolina do enact:
Section 1. That section one of chapter five hundred and eight
of the Public Laws of one thousand nine hundred and seven
of North Carolina be and the same is hereby amended by inserting
after the word "prevails," in line two of said section, and before
Law extended. the Avord "to," in line three, the following words : "and within the
corporate limits of the town of Yadkinville, in Yadkin County."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 502.
AN ACT REGARDING CORPORATIONS.
The General Assembly of North Carolina do enact:
Formation of cor- SECTION 1. That corporations may be formed under section one
porations author- , , , , . , , , , . ,
ized. thousand one hundred and thirty-seven of the Revisal of one thou-
Business to be sand nine hundred and five, and laws amendatory thereto, to con-
conducted. J J. .,., , . „■,-,.
duct the business of selling securities and bonds of any kind, in-
cluding its own bonds, on the partial payment, installment or any
other plan of payment, and to loan money upon mortgage and col-
lect interest on the same.
Foreign corpora- Sec. 2. That any corporation chartered by any other State or
tions may become , j. . c^. . , . ■, , , .
domesticated. by any foreign State, kingdom or government, having m its char-
ter, among others, the power to conduct the business described in
section one of this act, may become domesticated in this State in
the same manner and upon the same terms and conditions as are
provided in section one thousand one hundred and ninety-four of
Statement to be the Revisal of one thousand nine hundred and five ; but such com-
pany must also file with the Secretary of State a statement, veri-
fied by its president and secretary, showing that its paid-up cash
capital is at least one hundred thousand dollars and that it has
complied with all the requirements of the laws of the State of its
creation.
Business Sec. 3. That the business of such corporation in this State shall
be restricted to the business described in section one of this act.
Annual reports. Sec. 4. That such corporation shall make annual reports to the
Secretary of State, as required by section one thousand one hun-
dred and fifty-two of the Revisal of one thousand nine hundred
and five.
1909— Chapter 502—503. 857
Sec. 5. That such corporatiou shall be liable to pay the taxes Liability for taxes,
imposed by section eighty-three of "An act to amend chapter five
lumdred and eighty-eight of the Public Laws of one thousand nine
hundred and five," being chapter two hundred and fifty-six of the
I'ublic Laws of one thousand nine hundred and seven, and also
an ad valorem tax on all of its real and personal property situate
in this State.
Sec. 6. That no foreign corporation domesticated under this act No other taxes
shall be required to pay any other taxes or license fees than those *° ^ ^^^
named in the foregoing section.
Sec. 7. That all laws and clauses of laws in conflict with this
act are repealed.
Sec. S. That this act shall go into eflfect from and after its rati-
fication.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 503.
AN ACT TO FIX SALARIES FOR PUBLIC OFFICERS AND
CREATE AND ESTABLISH AN AUDITOR'S OFFICE IN DUR-
HAM COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the Sheriff of Durham County may appoint one Siieriff may
or more deputies in each township in the county, except in Dur- Exception^^" ^^^'
ham Township, which is hereinafter provided for, and may allow Deputies allowed
such deputies the fees made and collected by them in serving sum-
mons, subpoenas, notices and processes of all kinds, and all fees
and commissions made and collected by them from executions :
Provided, however, that said deputies shall serve papers only in Proviso: deputies
the township for which they are appointed, except in cases of o?ily^m\owrisWp
emergency. wliere appointed.
Sec. 2. All other fees, commissions, profits and emoluments of Sheriff to collect
,,,-■■ I , • J. ■ ■ i 1 *4. u and turn over
all kinds now belonging or appertaining to or hereafter by any otlier fees and
law belonging or appertaining to the sheriff by virtue of his office emoluments.
shall be faithfully collected by him and turned over to the treas-
urer of said county, to be disposed of as hereinafter provided.
Sec. 3. The sheriff shall appoint a jailer, whose salary shall be Appointment of
seven hundred and twenty dollars per annum. Said jailer in ad- Dufi^e's of jailer,
dition to jail duties, is to serve processes and papers, and shall
keep a correct record of fees collected and make returns of same
to the county treasurer in the same manner provided for deputies
for East and West Durham. Deputies for East
Sec. 4. The said sheriff shall appoint one deputy each for East and West Dur-
ham.
Durham and West Durham, at a salary of fifty dollars per month. Salaries.
858
1909— Chapter 503.
Proviso: may
serve papers in
any section of
county.
Deputies to collect
and turn over fees.
Salary of sheriff.
Appointment and
salary of office
deputy.
Proviso: pre-
mium on slieriff's
bond.
Clerk of superior
court and register
of deeds to collect
and account for
fees.
Salary of clerk.
Allowance for
deputy.
Proviso: increase
by county com-
missioners.
Salary of register
of deeds.
Allowance for
deputy.
Proviso: allow-
ance for making
tax lists.
Salary of
treasurer.
Proviso: pre-
mium on treas-
urer's bond.
Office of auditor
created.
Salary of auditor.
Bond.
Responsibilit.v on
bond.
Premium on bond
Said deputies are to be residents in the above-named villages and
are to serve papers and processes in Durham Township : Provided,
however, that they may do so in any section of the county. The
said deputies shall collect and keep a correct record of all fees for
serving summons, subpoenas, notices and processes of all kinds,
and shall turn the amounts over to the county treasurer, to be dis-
posed of as hereinafter provided, on Monday of each week, and at
such time as may be recpiired by the auditor of said county.
Sec. 5. The said sheriff shall receive a salary of two thousand
seven hundred dollars per annum in lieu of all other compensa-
tion whatsoever, and shall appoint one office deputy, at a salary of
one thousand two hundred dollars per annum ; and Provided fur-
ther, that the premiums on the bond of said sheriff shall be paid
out of the fund hereinafter created.
Sec. C. The clerk of the Superior Court and the register of deeds
of said county shall faithfully collect, account for and turn over
to the treasurer of said county, to be disposed of as hereinafter
provided, all fees, commissions, profits and emoluments of every
kind now or hereafter b3' any law accruing, belonging or apper-
taining to them by virtue of their office.
Sec. 7. The clerk of the Superior Court shall receive a salary
of two thousand four hundred dollars per annum in lieu of all
other compensation whatsoever, and shall be alloAved the sum of
six hundred dollars per annum for deputy clerk hire : Provided,
however, that this amount may be increased, not to exceed nine
hundred dollars per annum,, by the county commissioners, if in
their opinion such increase is necessary.
Sec. 8. The register of deeds of said county shall receive a
salary of two thousand one hundred dollars per annum in lieu of
all other compensation whatsoever, and shall be allowed the sum
of six hundred dollars per annum for a deputy register of deeds :
Provided, the county commissioners may allow additional compen-
sation for making the tax lists required by law.
Sec. 9. The Treasurer of Durham County shall receive a salary
of one thousand six hundred dollars per annum in lieu of all other
compensation whatsoever ; and Provided further, that the premium
on the bond of said treasurer shall be paid out of the fund herein-
after created.
Sec. 10. The office of auditor for Durham County is hereby in-
stituted and created, and the auditor of said county shall receive
a salary of one thousand two hundred dollars per annum, and
shall furnish bond in some bonding company in the sum of five
thousand dollars, payable to the county of Durham, conditioned
that he shall diligently, truly and faithfully perform all of the
duties of his office, and he shall be responsible for all penalties
or any moneys of other kinds which may be i-ecoverable against
him for any negligence, default, malfeasance or misconduct in
office ; the premium of said bond to be paid by said county.
1909— Cpiaptek 503. 859
Sec. 11. It shall be the duty of the auditoi' to assist the Regis- Duties of auditor.
ter of Deeds of Durham County in making out the tax list now-
required by law. It shall be the duty of the auditor to make out
and prepare for publication all annual statements required by
law, to investigate and to inquire for all delinquent taxpayers and
to require all delinquent property, including polls, to be placed
on the tax list ; to keep a record of all real estate transfers, with
prices paid for same ; to instruct tax listers and assessors ; to
act as accountant for the county, settling with the county offi-
cers ; to supervise, scrutinize and examine at least once in every
calendar month all books, accounts, receipts and vouchers and
other records of all the officers of Durham County which show
fees and commissions collected and received by them ; to examine
at least twice each year the dockets of all justices of the peace of
said county and clerk of recorder's court of Durham Township :
and he is hereby authorized to administer oaths on verification Authority to
of claims which may be filed against the county, and to open a set Account *books'.^^'
of account books, in which shall be shown the total monthly re-
ceipts of fees and commissions of all the officers of said county
in an expert and intelligent manner, assigning distinct and sepa-
rate accounts for each and every said officer, which book shall be
permanently kept as the records of his office and always open to
public inspection. He shall likewise visit the county jail and Further enumera-
other county institutions and examine same ; also the books and ^'°" °^ duties.
accounts kept by the jailer and others. It shall likewise be his
duty to audit all bills and claims presented to the board of county
commissioners of said county for payment, and no claim or bill claims not
filed with said board of commissioners shall be allowed or paid audited and'
until it has been audited and approved by said auditor ; and all approved.
^ , , . warrants counter-
warrants drawn upon claims or bills allowed by said board of com- signed and
missioners shall be countersigned and approved by said auditor auSft^or^*^ ^^'
before they shall be honored or paid by the ti-easurer of said
county.
Sec. 12. That it shall be the duty of said auditor to familiarize Purchasing agent.
himself with the market prices and to assist in buying the supplies
of the county.
Sec. 13. That the Auditor of Durham Couutj- shall be appointed Appointment of
by the board of commissioners of said county and shall hold office office'"^"
under the control and direction of the said board of county com-
missioners, and he shall open and keep an office, to be selected and
furnished by the board of commissioners of said county, in which
shall be safely and securely kept the records of his office.
Sec. 14. The officers hereinbefore mentioned shall faithfully per- officers to per-
form all the duties of their severaj offices imposed upon them liy ^^^"^ duties.
law, and shall receive no other compensation or allowance what-
soever for any extra or additional service tendered to the county
860
1909— Chapter 503—504.
Liability for
failure.
Separate fund.
Payment of
salaries and
allowances.
Division of
surplus.
Payment of
salaries and
allowances.
Moneys to be
turned over to
treasurer.
Mont lily state-
ments.
Montlily settle-
ments.
Exhibit of books
and accounts.
Failure or refusal
to collect fee a
misdemeanor.
When act
effective.
or State or other governmental agencies, and they shall be liable to
all the pains and penalties now or hereafter provided for failure
to perform the duties of their several othces.
Sec. 15. All the moneys coming into the hands of the Treasurer
of Durham County by virtue of this act shall be held by him as a
separate and distinct fund ; and after paying the salaries and
allowances provided for in this act, and after paying premiums
for the bonds of sheriff, treasurer and auditor in some bonding
company, the balance of said fund shall semiannually be divided
equally between the public-school fund and the fund for public
roads.
Sec. 16. The salaries and allowances herein provided for shall
be paid by the treasurer of said county, upon warrant, as required
by law, to the officers and assistants, in monthly installments.
Sec. 17. The officers hereinbefore named are required to turn
over to the Treasurer of Durham County moneys coming into
their hands, and shall make settlement with said treasurer on the
last day of each and every mouth ; and the county commissioners
may at any time require said officers or any of them to exhibit to
them all books and accounts, showing all moneys received and
turned over to the treasurer under the provisions of this act.
Sec. 18. Any officer, clerk or assistant herein mentioned who
shall willfully fail or refuse to collect the full fee, commission or
emolument of any kind belonging to his office shall be guilty of a
misdemeanor.
Sec. 19. All laws and parts of laws in conflict herewith are
hereby repealed.
Sec. 20. That this act shall be in full force and effect on and
after the first Monday in December, one thousand nine hundred
;ind ten.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 504.
AN ACT TO PROVIDE FOR THE BETTER PROTECTION OF
EARNINGS OF EMPLOYEES OF RAILWAY CORPORA-
TIONS AND OTHERS ENGAGED IN INTERSTATE BUSI-
NESS, AND TO ASSURE TO THEM THE BENEFITS OF
THE EXEMPTION LAWS OF THIS STATE RELATING TO
PERSONAL PROPERTY.
out of'^state or* The General Assembly of North Carolina do enact:
assignment or „ ^ „, . . , *, , . , , ,
transfer, with SECTION 1. That no resident creditor or other holder of any
deMoVof p^erso^nal '^o*^^^ account, negotiable instrument, duebill or other monetary
earnings or demand arising out of contract, due by or chargeable against any
property exempt, , • ^ , .c .,
forbidden. resident wage-earner or other salaried employee of any railway
1909— Chapter 504. 861
corporation or other corporation, firm or individual engaged in
interstate business shall send out of the State, assign or transfer
the same, for value or otherwise, with intent to thereby deprive
such debtor of his personal earnings and property exempt by
law from application to the payment of his debts under the
laws of the State of North Carolina, by instituting or causing to
be instituted thereon against such debtor, in any 'court outside
of this State, in such creditor's own name or in the name of
any other person, any action, suit or proceeding for the attach-
ment or garnishment of such debtor's earnings in the hands of his
employer, when such creditor and debtor and the railway cor-
poration or other corporation, firm or individual owing the wages
or salary intended to be reached are under the jurisdiction of the
courts of this State.
Sec. 2. That no person residing or sojourning in this State Counseling, aiding
. „ or abetting vio-
shall counsel, aid or abet any violation of the provisions of sec- lation of section i
tion one of this act. forbidden.
Sec. 3. That any person or persons violating any provision Violators liable in
of sections one and two of this act shall be answerable in dam-
ages to any debtor from whom any book account, negotiable in-
strument, duebill or other monetary demand arising out of con-
tract shall be collected, or against whose earnings any warrant
of attachment or notice of garnishment shall be issued, in viola- Measure of
damages.
tion of the provisions of section one of this act, to the full amount
of the debt thus collected, attached or garnisheed, to be recovered
by civil action in any court of competent jurisdiction in this State ;
and any person so offending shall likewise be guilty of a misde- Misdemeanor.
meaner, punishable by a fine of not more than two hundred dol- Punishment.
lars.
Sec. 4. That in any civil or criminal action instituted in any Prima facie evi-
court of competent jurisdiction in this State for any violation of ^"^^ ° "" ^" '
the provisions of sections one and two of this act, proof of the
institution or prosecution of any action, suit or proceeding in
violation of the provisions of section one hereof, or the issuance
of service therein of any warrant of attachment, notice dr garnish-
ment or other like writ for the garnishment of the earnings of
the defendant therein, or of the payment by the garnishee therein
of any final judgment rendered in any such action, suit or pro-
ceeding shall be deemed prima facie evidence of the intent of the
creditor or other holder of the debt sued upon to deprive such
debtor of his personal earnings and property exempt from ap-
plication to the payment of his debts under the laws of this
State, in violation of the provisions of this act.
Sec. 5. That no provision of this act shall be so construed as Construction of
to deprive any person entitled to its benefits of any legal or ^ '
equitable remedy already possessed under the laws of this State.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
862
1009 — Chapter 505.
CHAPTER 505.
AN ACT TO ESTABLISH A CARD-INDEX SYSTEM FOR
GRANTS AND TO REARRANGE AND CHANGE THE
METHOD OF FILING WARRANTS, PLATS AND SURVEYS
IN THE SECRETARY OF STATE'S OFFICE.
Preamble. Whereas there are iu the Secretarj' of State's office the warrants.
l)Uits and surveys ou which grants for all the laud iu this State
Preamble. and much of the land in Tennessee was issued ; and whereas many
of these papers are crumbling with age and fall apart upon
Preamble. examination ; and whereas the use of them is annually increasing.
and it is necessary that a better method of handling and filing
the same be adopted : therefore.
The General Assemhly of North Carolina do enact:
Installment of SECTION 1. That the Secretary of State be authorized to install
authorized. ■ Ji card-index system for grants, which cards, for each grant, shall
S show '^'^■'' *° show substantially the following:
County Acres
Name
Grant No Issued
Grant Book Page
Entry No Entered
File No
Location
Remarks :
Warrants, plats
and surveys to
be encased in
envelopes.
Endorsement.
Sec 2. That every warrant, plat and survey that can be found
shall be encased iu separate envelopes, on which shall be en-
dorsed substantially the following :
County Acres
Name
Grant No Issued
Grant Book Page
Entry No Entered
File No
Location
Remarks :
Grant record
books to be
copied.
Records to be
restored.
Sec. 3. That such grant record books as are old and falling
to pieces shall be recopied, and whenever any part of the record
of a grant is partly gone or destroyed the Secretary of State is
authorized to restore same, if he can do so with accuracy from
the description in the plat and survey upon which the grant
was issued and original record made.
1909— Chapter 505—506.
863
Sec. 4. That an appropriation of oue tliousand five liuudred Appropriation,
dollars a j^ear for two years is hereby made for this purpose,
payable by warrant from the auditor on the State Treasurer to
such person or persons as the Secretary of State may certify to
as being employed in this work.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 506.
AN ACT TO AUTHORIZE NORTH WHITAKER'S TOWNSHIP,
IN NASH COrNTY, TO ISSUE BONDS FOR THE IMPROVE-
MENT OF THE PUBLIC ROADS OF SAID TOWNSHIP.
The General Assembly of North Carolina do enact:
Section 1. That the commissioners of Nash County, for the
purpose of laying out, establishing and improving the public
roads and thoroughfares of North Whitaker's Township, in the
county of Nash, are authorized and empowered to issue the bonds
of said township, bearing interest at a rate not exceeding six
per centum per annum, to an amount not to exceed ten thou-
sand dollars ($10,000), which bonds shall be of the denomination
of five hundred dollars each, to each and every of which bonds
shall be attached coupons representing the interest on said bonds,
which said coupons shall be due and payable on the first day of
January of each and every year until said bonds shall mature,
and shall be payable at the office of the Treasurer of Nash
County, North Carolina. The bonds so issued by said commis-
sioners shall be numbered consecutively from one to twenty, and
coupons shall bear the number of the bond to which they are at-
tached, and shall declare the amount of interest which they
represent and the date upon which said interest is due, and shall
be receivable in payment of all taxes levied under this act. The
said bonds shall run for a period of twenty years, and after
ten years one-tenth of said bonds may be redeemed before ma-
turity, as hereinafter provided. The said bonds so issued by the
commissioners of Nash County shall bo paid by North Whitaker's
Township, in said county, and shall not be chargeable against
any property outside of said township or against any polls of
citizens of the county resident without the limits of said town-
ship.
Sec. 2. That the said bonds shall be issued over the signature
of the chairman of the Board of County Commissioners of Nash
Count V. attested bv the official seal and the signature of the
Purpose of bond
issue.
Bond issue
authorized.
Interest.
Amount.
Denomination.
Bonds to be
numbered.
Coupons receiv-
able for taxes.
Maturity of bonds.
Bonds a charge on
township only.
Authentication of
bonds.
864
1909— Chapter 506.
Register of Deeds of Nash Conuty, aud the chairman of the
board of county commissioners shall, under the direction of the
county commissioners, dispose of said bonds as the necessity for
the prosecution of the laying out, establishing, grading and im-
proving the public roads and thoroughfares of North Whitaker"s
Township may require, at a sum not less than their par value :
Provided, that if the said bonds can be sold at or above their
par value, at a rate of interest not exceeding five per cent per
annum, it shall be the duty of said chairman of the board of
commissioners to so sell them : Provided further, that the said
bonds shall be issued and sold only as the funds are needed for
the purpose indicated herein.
Sec. 3. That for the purpose of paying the interest as it falls
due on said bonds it shall be the duty of the county commis-
sioners to levy and cause to be collected, annually, as other
county taxes are levied and collected, for ten years after the
issue of said bonds, a tax upon the real and personal property
of North Whitaker's Township, in Nash County, not exceeding
thirty (30) cents on the one hundred dollars' worth of property
and ninety (90) cents on the poll of persons in said township
liable to poll tax ; aud at the end of ten years it shall be the duty
of the commissioners of Nash County, for the purpose of paying
the interest on said bonds and providing a sinking fund for their
redemption, to levy and cause to be collected, annually, as other
county taxes are levied and collected, a tax upon the real and
personal property of North Whitaker's Township, not exceeding
thirty (30) cents on the one hundred dollars' worth of property
and ninety (90) cents on the poll of persons in said townshii)
liable to poll tax.
Sec. 4. That in order that the commissioners of Nash County,
acting for North Whitaker's Township, may use the excess of the
funds raised by taxation under this act, after paying the annual
interest accrued on said bonds, they are authorized and em-
powered, after ten years from the issue of said bonds, to purchase
one-tenth of all the bonds issued, at a sum not exceeding their
par value; and in case no holder of said bonds shall offer to
sell one-tenth of them, then the said commissioners are authorized
and retiuired to designate such bonds, not exceeding one-tenth of
Interest on called the whole number issued, as they may desire to purchase ; and
bonds to cease. ,^^^^^ ^^^ designation of such bonds, and a notice thereof given
through a newspaper published in Nash County, if the holder of
the bonds designated neglects or refuses to surrender the same
and receive their par value, with interest accrued thereon at the
time of such notice, then the holder shall not receive any interest
Proviso: condi- subsequently accruing : Provided, the said bonds shall be affected
face^orbonfs^'^ °^ ^'itli the conditions of this section only when the said conditions
are expressed upon the face of the bonds.
Record of bonds. Sec. 5. That the commissioners of said county shall provide a
record, which shall be kept by their clerk, in which shall be
Sale of bonds.
Proviso: rate of
interest.
Proviso: bonds
sold only as funds
are needed.
Special tax for
interest.
Limit of rate.
Special tax for
interest and
sinking fund.
Limit of rate.
Purchase of
bonds.
Call of bonds.
1909 — Chapter 506. 865
entered the name of every purchaser of a bond and the number
of the bond purchased and the amount receive<l for said bond.
They shall cause to be kept a record of the bonds redeemed an-
nually; and the bonds, when redeemed and recorded, shall be De^tTucUon^of^^
destroyed by fire, in the presence of the board of commissioners,
by some one of their number or by their clerk under their direc-
tion.
Sec. 6. That the funds derived from the sale of the bonds here- Funds kept
inbefore provided for shall be placed in the hands of the county separate.
treasurer, and shall by him be kept separate and apart from other
moneys in his hands, and shall be paid out only on the order Road orders,
of the county commissioners, whose clerk shall sign all orders so
drawn on the treasurer by order of the said commissioners. The Bond of treasurer,
county treasurer shall execute a good and sufficient bond in a
penal sum double the amount of money placed in his hands for
road purposes in North Whitaker's Township, conditioned for the
faithful accounting for all such moneys received by him. The compensation of
said county treasurer shall receive as compensation for receiving treasurer,
and disbursing the said fund, and for receiving and disbursing
the taxes levied under this act. such sum as shall be fixed by
the Board of County Commissioners of Nash County, not exceed-
ing one-half of one per cent on amounts received and one per cent
on amounts disbursed, said compensation to be paid out of the
said fund. The said bond shall be accepted by the county com-
missioners, when approved by them, and shall be recorded and
kept as the other bonds required of the treasurer are required
to be kept. The clerk of the board of commissioners shall keep Order book.
a separate order book, with stubs, on which he shall enter a
memorandum of each order drawn, showing the name of the payee
in such order, the number and date of the order, the amount
paid and the purpose for which it was paid.
Sec. 7. That the Board of Commissioners of Nash County shall Use of road funds,
use the funds derived from the sale of bonds in laying out.
establishing, grading and improving the public roads and thorough-
fares of North Whitaker's Township, and they may at their dis- convict labor,
cretion work the convict labor assigned to work on the public
roads, or such other labor of convicts as they may be able to
obtain, either by direct sentence of the several courts of the State
or from the penitentiary authorities.
Sec. 8. That the board of county commissioners of said county Machiner\% tools.
shall have power and authority to buy or rent such machinery •^"^^.fa'jf
and tools, stock, material or other appliances necessary for the
prosecution of the working and improvement of the public roads
and thoroughfares as they may deem proper.
Sec. 0. That the board of county commissioners shall appoint Appointment of
three (3) competent road commissioners for North Whitaker's gfoners!™"^''^'
Township, who. under the direction of said board of commission-
Pub. — 55
866
1909— Chapter 506.
Proviso: altera-
tion of streets.
Proviso: work on
streets.
Entry on land
for material.
Payment of
damages.
General road law
not repealed.
Convicts sen-
tenced to road
work.
Convicts from
other counties.
Sentences by
justices and
mayor.
Ratification or
rejection of act
to be voted on.
ei's, shall direct the haying out, establishing, grading and improv-
ing of the public roads and thoroughfares and the streets into
which the said public roads and thoroughfares enter coming into
the town of Whitaker's to the center of the town : Provided, they
shall not alter or change the location of any street in the town
of Whitaker's without the consent of the board of commissioners
of said town: Provided further, that in working the streets of
said town they shall consult with the commissioners of the town
of Whitaker's and act under their direction.
Sec. 10. That for the purpose of laying out and establishing
any public road in said township and for working and grading it,
the road commissioners shall have the right to enter upon the
land or lands of any person or persons over whose lands the said
road shall be laid out, or over which it has been laid out, and
open the road, remove dirt, earth, or any other material there-
from, with as little injury as possible thereto, and they may agree
with the owner or owners as to the damage done, and the dam-
ages so agreed on bj' them, in writing, shall be presented to the
board of commissioners for payment, and when approved by the
commissioners shall be paid by the treasurer of the road fund of
said township.
Sec. 11. That this act shall not be construed to repeal the gen-
eral road law for the working of the public roads of North
Whitaker's Township.
Sec. 12. That should the county commissioners decide that it
is expedient to work convict labor on the roads of said township,
then it shall be the duty of any judge of the Superior Court
holding court in the county of Nash to sentence all persons con-
victed of crime committed in said township, and who shall not
be punished by fine, to work on the public roads of North Whit-
aker's Township whenever such persons may be sentenced to work
on the public roads under the laws of the State, and any judge
of a criminal or superior court may sentence convicts from other
counties where such courts are held by them, whenever the com-
missioners of Nash County shall make application for them to be
sentenced to work on the public roads of North Whitaker's Town-
ship ; and the justices of the peace of said township and the mayor
of the town of Whitaker's are hereby authorized, empowered and
directed to sentence all persons convicted of crime committed in
said township or town, and who shall not be punished by fine,
to work on the roads of North Whitaker's Township whenever
such persons may be so sentenced to work on the public roads
under the laws of the State.
Sec. 13. That the said Board of Commissioners of Nash County
shall not issue the bonds hereinbefore provided for, or any part
of the same, nor shall this act be in force, as a whole or in any
part, until the commissioners of Nash County shall have first
1909 — Chapter 506. 867
submitted to the qualified voters of North Whitaker"s Township,
at an election to be held for the purpose, the question of a ratifica-
tion or rejection of this act, which election they are authorized Call of election
to call at such time as thej^ may deem proper for best securing
the voice of the people of said township upon the question ; and
said election shall be held in strict accordance with the general Law governing
law of elections of this State, and all persons resident in North election.
Whitaker's Township and eligible to vote in said township for
State officers shall be eligible to vote in said election. If at said Effect of election.
election a majority of the qualified voters registered for said elec-
tion shall cast ballots on which shall be written or printed the
words "For Good Roads," then the commissioners may issue said
bonds, and this act shall be in full force and effect ; otherwise,
the said commissioners shall not issue said bonds, and this act
shall be null and void.
Sec. 14. That the county commissioners of Nash County may, New registration.
if in their opinion it shall be necessary to secure a fair and
impartial election, order a new registration of the qualified voters «
of North Whitaker's Township to determine the question of the
ratification or rejection of this act.
Sec. 15. That if any other township in Nash County shall desire Petition for
to avail itself of the provisions of this act, it shall be lawful for election in other
and the duty of said Board of Commissioners of Nash C'ounty,
upon the petition (duly authenticated and known by said board
of commissioners to be genuine) of one-third of the freeholders
of any such township, to order to be held in said township so
making petition an election exactly as is provided for in section
thirteen (13) hereof. In ordering said election the said board order for
of commissioners shall make provision for the details thereof in election.
accordance with the terms and directions of said section thirteen.
If a majority of the legally qualified voters of said township ^^j. gxtended
so petitioning and voting shall vote "For Good Roads," then the
terms, provisions and powers of this act and of each and every
section thereof shall be applicable to said township, and the act
shall be in all respects as if enacted and adopted for such town-
ship, exactly with like effect and efficacy as if the name of such
township were specifically written in the several sections of said
act and as if it had been made for such township at the time of
its passage.
Sec. 10. It is hereby expressly provided and declared that the l^w not to affect
provisions of this act shall not apply to or in anywise affect or Rocky Mount
^ '^ "^ '' road district.
interfere with the Rocky Mount Road District as it is now laid
out ; but the provisions of the statute made and enacted for such
Rocky Mount Road District shall be and i-emaiu applicable to and
the law of said road district.
Sec. 17. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1000.
868 1909— CiiAPTEK 507—508.
CHAPTER 507.
AX ACT TO AMEND SECTION 1128 OF THE REVISAL OF
1005 OF NORTH CAROLINA, RELATIVE TO POWERS OF
CORPORATIONS.
TJie General Asseml)li/ of North Carolwa do enact:
Section 1. That section one thousand one hundred and twenty-
eight of the Revisal of one thousand nine hundred and five be
amended by adding after subsection five of said section one thou-
insurable interest sand one hundred and twenty-eight the following : "And when-
of corporations in
life of officers of ever there shall devolve upon any officer or agent ot a corporation
agents. duties and responsibilities of such a nature as that a financial
loss would result to the corporation from the death and conse-
quent loss of the services of such officer or agent, then in such
cases the corporation shall be deemed to have an insurable interest
in the life of such officer or agent and shall have the power to
insure the life of such ofllcer or agent for its benefit."
Sec. 2. That this act shall be in force from and after the date
of its ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 508.
AN ACT TO REPEAL SECTIONS 4112, 4099. 4100, 4101, 4102,
4103. 4104 AND 4105 OF THE REVISAL OF 1905 OF NORTH
CAROLINA, AND TO PROVIDE FOR THE LEVYING OF A
SPECIAL TAX AND FOR A SPECIAL STATE APPROPRIA-
TION FOR THE MAINTENANCE OF ONE OR MORE PUB-
LIC SCHOOLS IN EVERT SCHOOL DISTRICT FOR A TERM
OF FOUR MONTHS IN EACH TEAR, AND FOR A MORE
EQUITABLE APPORTIONMENT THEREOF.
The General Assembly of North Carolina do enact:
Section 1. That section four thousand one hundred and twelve
of the Revisal of one thousand nine hundred and five of North
Carolina be and the same is hereby amended by striking out all of
County boards of said section and substituting in place thereof the following : "On
education to => i =>
ascertain amount or before the first Monday in June of each and every year the
^^^ ^ ' county board of education of each county shall ascertain the
amount of money that will be needed to maintain the public schools
of such county for four months during the succeeding school year.
.Ascertainment of The board of education, using as a basis the receipts for school
amount available. -, ■ ., j_ ■, , ■,• t ^i • i- ^i
purposes during the current school vear ending .June thirtieth,
1909— Chaptee 508. 869
shall ascertuiu the uuiount that will be available for scbool pur-
po.ses from the regular scbool tax, from fines and penalties and
from the amount appropriated under section four thousand and
ninety-seven of the Revisal of one thousand nine hundred and
five of North Carolina. If the amount to be received is less than Facts submitted
the amouut ascertained to be needed, the board of education shall missioners.
submit a statement of the above facts to the board of county com-
missioners of such county ; and it shall be the duty of the board Special tax for
, . , „ one-half of
of countj' commissioners to levy a special tax on all property and deficiency.
polls in said county to supply one-htilf the deficiency for the sup-
port and maintenance of the i)ublic schools of such county for
four months: Provided, that this special tax shall not be less Proviso: limits of
than one cent on the one hundred dollars valuation of property
and three cents on each poll, nor more than five cents on the one Levy and collec-
huudred dollars valuation of property and fifteen cents on each
poll in any county. This tax shall be levied and collected as other Expenditure of
county taxes are levied and collected, and the funds thus raised p™'^'^^ ^•
shall be expended in such manner as the county board of education
may determine for maintaining one or more public schools in each
scbool district for four months in each year. The calculation of Amounts to be
the amouut that will be necessary shall state separately the ^ ^ ^ separa e y.
amounts needed for supervision, for administration, for buildings
and repairs, for expenses (this to be itemized) and for salaries of
teachers. The limitation placed by law on each of these objects Limitations not
to be CXC6GCiG(i
shall not be exceeded. The countj- board of education shall further Number and
state the number of teachers, white and colored, to be employed to^he'^s^ate^^'^^^^
in each district, and the salary of each teacher in each district ;
and the average of salaries to be paid according to this statement Limit of average
shall not exceed the average salaries paid in the State during the salaries,
preceding year for white teachers and colored teachers, respec-
tively. In the event of a disagreement between the county board Mandamus to
comD6l Igvv
of education and the board of county commissioners as to the rate
of tax to be levied, the county boai'd of education may bring an
action in the nature of niaiulamus against the board of county
commissioners ro compel the levy of such special tax in the man-
ner and form as provided in sections eight hundred and twenty-
two and eight hundred and twenty-four of the Revisal of one
thousand nine hundred and five of North Carolina, and it shall .ludge to find facts
be the duty of the judge hearing the same to find the facts m^elit^'^^ ^"*^^"
as to the amount needed and the amount available from the
sources herein specified, which finding shall be conclusive, and to
give judgment requiring the county commissioners to levy the sum
which he shall find neces.sary to maintnin the schools for four
months in said county."
St:c. 2. That sections four thousand and ninety-nine, four thou- Sections of
sand one hundred, four thousand one hundred and one, four thou- '■^^'^^^ repealed,
sand one hundred and two, four thousand one hundred and three,
four thousand one hundred and four, and four thousand one hun-
870
1909 — Chaptek 508.
Appropriation by
state.
Apportionment.
Affidavit of rate
of tax to state
superintendent.
Copy of state-
ment to county
commissioners.
Further informa-
tion.
Apportionment
to equal amount
of special tax.
Proviso: addi-
tional apportion-
ment.
Req_uisition on
auditor.
Warrant on
treasurer.
Money credited to
county school
fund.
Use of money.
For providing a
four-months
school term in
every district.
For equalizing
terms of all public
schools.
Apportionment of
balance of state
appropriation.
dred iind five of tlie Kevisal of oue thousand uiiie hundred and
five of North Carolina be and the same are hereby repealed, and
that in lieu thereof the following be and the same is hereby sub-
stituted and enacted : "One hundred thousand dollars is hereby ap-
propriated annually out of the State Treasury for the benefit of
the public schools, to be apportioned by the State Board of Edu-
cation as follows: The treasurer of the county school fund and
tbe county superintendent of public instruction of each county
in which a special tax has been levied by the county commission-
ers thereof to maintain one ol- more public schools in each school
district of said county for a period of four months in each year
shall make affidavit to the State Superintendent of Public Instruc-
tion, on or before the second Monday in January of each year,
stating the rate of the special tax so levied by said commissioners
in Juno of the preceding year, and said affidavit shall be accom-
panied with a certified copy of the itemized statement submitted
by the county board of education to the county commissioners in
accordance with which said levy of said special tax for schools
was made, signed by the chairman of the county board of educa-
tion and the county superintendent of public instruction, and such
further information about the receipts and expenditures and ap-
portionment of the school fund in said county as may l)e required
by the State Superintendent of Public Instruction ; and thereupon
the State Board of Education shall apportion to said county from
said appropriation a sum of money equal to the amount so levied
and to be derived from said special tax: Provided, that if in any
county that has levied a maximum special tax of five cents on
the one hundred dollars valuation of property and fifteen cents on
the poll the funds are still iusuflicient to maintain in every school
district one or more public schools for at least four months, an ad-
ditional apportionment shall be made to said county of the addi-
tional amount necessary to j^rovide a four-mouths school term in
every school district in such county. The State Superintendent
of Public Instruction shall issue a requisition on the State Auditor
for the amount so^ apportioned to any county, who shall issue his
warrant in favor of the county treasurer of said county for said
amount, and the money shall be placed by said treasurer to the
credit of the general jmblic school fund of the county, to be used,
first, for providing a four-months school term in every school dis-
trict, and any balance to be used for equalizing, as nearly as may
be, the terms of all the publjp schools of said county. The balance
of the State appropriation of one hundred thousand dollars herein
provided shall be apportioned by the State Board of Education
to the respective counties of the State, per capita as to school pop-
ulation, as provided for the apportionment of the one hundred
thousand dollars appropriated under section four thousand and
ninety-seven of the Revisal of one thousand nine hundred and
1009 — Chapter 508 — 509. STl
five of North Carolina: Provided further, that the State Board Proviso: sum
,, , . ,,,,,.-. ., ... , . ■ 1, j^, retained for rural
Education shall deduct from said appropriation biennially the sum libraries.
of seven thousand five hundred dollars for rural libraries, as pro-
vided in section four thousand one hundred and seventy-nine of
the Revisal of one thousand nine hundred and five of North Caro-
lina."
Sec. 3. That no county needing aid from this appropriation for Counties not to
„ ,, , 1 J. ■ T i ■ i 1 11 • receive aid unless
a four-mouths school term in every district shall receive any levying special
funds therefrom until it shall have levied the special tax herein ^^'^•
required of it for that purpose.
Sec. 4. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this 5th day of March, A. D. 1909.
CHAPTER 509,
AN ACT TO AUTHORIZE THE STATE BOARD OF EDUCA-
TION TO UNITE WITH CERTAIN LANDOWNERS IN HYDE
COUNTY IN ESTABLISHING A DRAINAGE DISTRICT, IN-
CLUDING MATTAMUSKEET LAKE AND THE LANDS AD-
JACENT THERETO.
The General Assembly of Xorth Carolina do enact:
Section 1. The State Board of Education is hereby authorized State board of
to unite with the owners of the lands ad.iacent to Mattamuskeet fzl^'d^ to unite Vri°'^"
Lake, in Hyde County, in a petition to establish a drainage dis- petition,
trict which shall include the lands covered by the waters of said
lake and the lands adjacent thereto ; the said petition to be filed
in accordance with the terms and provisions, except hereinafter
modified, of the general drainage law enacted at this session of
the General Assembly.
Sec 2. The classification of lands according to benefits received, Classification of
as set forth in sections twelve and thirty-one of said drainage law, ^" ^'
shall not apply to the lands owned by the State Board of Educa-
tion, but shall apply to all other lands in said drainage dis-
trict. The State of North Carolina is to pay three-fourths (%) state to pay
-,.,., . „ iii-i- -11 • '-,.,. j_ ,,. three-fourtlis of
of the total costs of establishing said drainage district and dram- costs.
iiig and diking the lands included in said district, but in no event
shall the State pay more than three hundred thousand dollars Limit of amount.
($800,000).
Sec. 3. Two nieinl)ers of the board of drainage commissioners Appointment of
provided for in section nineteen of the general drainage law shall m^'6?oners.°™"
be appointed by the State Board of Education and one appointed
i'Z
1909 — Chapter 509 — 510.
Corporate name
Cost of repairs
and maintenance.
Payment of
interest on bonds.
Limit of liability
of state.
Bonds not to be
sold below par.
Reimbursement
to state.
Land of state and
of board of educa-
tion discharged
of lien.
State discliarged
of liability.
Action discretion-
ary with board of
education.
by the court before which the petition is filed. The corporate name
of said district shall be the ''Board of Drainage Commissioners
of Mattamuskeet District," and the State Treasurer shall be the
ex officio treasurer of said board.
Sec. 4. After the lands in said drainage district are drained
and diked, the costs of repairs and maintenance shall be borne
equally by all the lands in said district.
Sec. 5. The interest on the bonds provided for in section thirty-
four of the general law shall for three years be paid by the Board
of Drainage Commissioners of Mattamuskeet District out of the
general funds in the hands of said board. The State of North
Carolina shall be liable for only three-fourths (%) of the face
value of said bonds, and a statement to this effect must be written
on the face of said bonds. Said bonds shall not be sold for less
than par and accrued interest at the time of sale. The State shall
be reimbursed by the State Board of Education for all money it
expends on said drainage district, with interest at six (6) per
cent on the same, out of the first proceeds that the State Board of
Education shall receive from the sale of lands in said drainage
district.
Sec. 6. When the State shall pay the three-fourths (%) of the
total costs of said improvements assumed by it, its land and the
land of the State Board of Education shall be forever discharged
from all lien or claim on account of said bonds ; and if the State
shall, after said lands are drained and diked, sell the said lauds
or any part thereof, it shall be discharged from any and all lia-
bility for costs of maintenance and improvements, the said costs
for improvements to be collected out of the land itself.
Sec. 7. It is not mandatory upon the State Board of Education
to unite in the petition mentioned In section one hereof, but it
may do so, or may make such other disposition of its lands under
and adjacent to Mattamuskeet Lake as it may deem proper.
Sec S. This act shall be in force from and after its ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 510.
AN ACT TO ISSUE BONDS TO CARRY OUT THE ACT OF
1907, FOR THE CARE OF THE INSANE OF THE STATE.
Preamble.
Preamble.
Whereas a bill was introduced in the General Assembly of one
thousand nine hundred and seven carrying an' appropriation of
five hundred thousand dollars ($500,000) to be expended by a
State Hospital Commission in providing for the care of all the
mental defectives of the State; and whereas said bill provided for
bonds to be issued by this State to the amount of said appropria-
873
1909 — Chapter 510
tion but said bond feature was stricken from said bill upon the
Ze that tbe current revenues of the State would be sufficient to
neS the a 'Lpnation ; and whereas the State Treas.u:er was an- Preamble.
Toled to borrow the sum of one hundred and twenty-five thou^
sand dollars ($125,000) per annum, if the rev^enues o^ the Jtjte
hund ed and seven; and whereas the revenues of the State have Preamble,
not been sufficient to meet the appropriation of one l^undred and
twentv-five thousand dollars ($125,000) per annum, oi any pait
hereof, and in pursuance of the authority vested m him by said
Tct the State Treasurer has borrowed the sum of two hundred
ana fifty thousand dollars ($250,000) to carry on the work author-
ized and directed in said act : now, therefore.
The General AssemUy of North Carolina do enact:
Section 1. That for the purpose of paying the two hundred and Purpose of bond
fifty thousand dollars ($250,000) already borrowed by the State
Treasurer and to make provision for the two ^^^^^f^f and ^^^^
thousand dollars ($250,000) yet to be expended by the State Hos-
pit" commission by virtue of said act, the State Treasurer i Bond issue
herebv authorized and directed to issue bonds of the State of North
C^voL. payable forty years after the first day of July, one thou- Maturity
sand n ne^undred and nine, to an amount not to exceed the sum Amount
of five hu^ed thousand dollars ($500,000) : ProvicU^a, that out Proviso, deficits
of the proceeds of said bonds shall be Paicl the sum of twenty oceeds.
thousand dollars deficit existing in the accounts of the State Hos
pitTit Morganton, and also the sum of eleven thousand dollars
deficit existing in the account of the Eastern Hospital at Golds-
^Tec •-> 111 of said bonds shall bear interest at a rate not ex- Interest,
ceeding'four per cent per annum from the first day of July one
housand nine hundred and nine, until paid, which said interest
hall be payable semiannually on the first days of January and
July of each and every year, so long as any portion of the said
i>nnri<? shall remain due and unpaid.
Tc 3 That the bonds authorized and directed to be issued by Coupon bonds.
th; preceding sections shall be coupon bonds, of the denomination Denominations,
of five hundred dollars ($500) and one thousand dollars ($1,000)
each as may be determined by said State Treasurer, and shall be Authentication,
slc^ned bv the Governor and State Treasurer and sealed with the
G^e" seal of the State. The coupons thereon may be signed by Au^thent.cat.on of
the State Treasurer alone or may have a facsimile of ^is signa-
ture printed, engraved or lithographed thereon, and the said bonds
Ihall in all ;ther respects be in such form as the said State Treas-
87-i
1900— Chapter 510—511.
Coupons receiv-
able for taxes.
Advertisement for
sale of bonds.
Bids.
Preference to
citizens.
Exemption from
taxation.
Bonds lawful
investments.
urer may direct, and the coupons thereon shall, after maturity, be
receivable in payment of all taxes, debts, dues, licenses, tines and
demands due the State of North Carolina, of any kind whatsoeA-er,
which shall be expressed on the face of .said bonds. Before sell-
ing the bonds herein authorized to be issued, the Treasurer shall
advertise the sale and invite sealed bids, in .such manner as in his
judgment may seem to be most effectual to secure the best price.
He is authorized to accept bids for the entire issue or of any por-
tion thereof, and where the conditions are equal he shall give the
preference of purchase to the citizens of North Carolina ; and he is
authorized to sell the bonds herein authorized in such manner as
in his judgment will produce the best price.
Sec. 4. The said bonds and coupons shall be exempt from all
State, county or municipal taxation or assessment, direct or indi-
rect, general or special, whether imposed for purposes of general
revenue or otherwise, and the interest paid thereon shall not be
subject to taxation as for income, nor shall said bonds and cou-
pons be subject to taxation when constituting a part of the sur-
plus of any bank, trust company or other corporation.
Sec. 5. It shall be lawful for all executors, administrators,
guardians and fiduciaries generally to invest in said bonds.
Sec 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 511.
AN ACT TO PROHIBIT KILLING DOVES IN EDGECOMBE
COUNTY.
Close season
Misdemeanor.
Punishment.
Repealing clause.
The General Assembly of Xorth Carolina (Jo enact:
Section 1. That from the first of January to the fifteenth of
July in each year it shall be unlawful for any person or persons
to hunt, shoot, trap or kill doves in the county of Edgecombe.
Sec. 2. That all persons violating the provisions of this act
shall be guilty of a misdemeanor, and upon conviction shall be
fined not to exceed ten dollars or imprisoned not more than ten
days.
Sec. 3. That the provisions of chapter two hundred and eighty-
nine of the Public Laws of one thousand nine hundred and seven,
so far as the same applies to the county of Edgecombe, be and the
same is hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March. A. D. 1909.
1909— Chapter 512—513. ST5
CHAPTER 512.
AX ACT TO PREVENT THE KILLING OF SQUIRRELS IN
EDGECOMBE AND NASH COUNTIES.
The General AssemWy of yorth Carolina do enact:
Section 1. Tlie close season of time in each year during which Close season,
no squirrels shall be killed, as to the counties of Edgecombe and
Nash, shall be from the first day of March to the first day of
October.
Sec. 2. That any person or persons violating this provision of Misdemeanor.
this act shall be guilty of a misdemeanor, and uix»n conviction Punishment.
shall be fined not to exceed ten dollars or imprisoned not more
than ten days.
Sec. 3. That this provision of chapter two hundred and eighty- Law repealed as
three of the Public Laws of one thousand nine hundred and seven, ^° secom e.
so far as the same applies to the county of Edgecombe, be and the
same is hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 513.
AN ACT TO PROVIDE FOR THE PAYMENT TO THE CLERK
OF THE SUPERIOR COURT OF CAMDEN COUNTY OF
CERTAIN SUMS FOR SERVICES AT COURT.
The General Assembly of Xarth Carolina do enact:
Section 1. That the board of commissioners in and for the Allowance to clerk
county of Camden be and it is hereby authorized to make allow-
ance to the clerk of the Superior Court of said county for keep-
ing and preserving the records of the said court and transcribing
the minutes thereof, and for making and compiling the docket
thereof, by paying said clerk the sum of twenty-five dollars for Amount.
each and every term of court held in said county for the trial
of either civil or criminal cases, or both, said allowance to be
paid out of the taxes levied for general county purposes.
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 and effect from and after
its ratification.
Ratified this the .oth day of March. A. D. 1909.
876
1909— Chapter 514 — 515.
CHAPTER 514.
AN ACT TO PROTECT CLAMS IX THE WATERS OF BROWN
SOUND AND QUEEN'S CREEK.
• The General Assembly of North Carolina do enact:
Close season. SECTION 1. That it shall be unlawful for auy person, firm or
corporation to catch or take any clams from the waters herein
described between the first day of April and the first day of
Territory defined. October. Said territory shall be as follows : Beginning at the
mouth of Queen's Creek, in Onslow County, and running the
various courses of the said Queen's Creek channel to Bogue Inlet,
including all the waters south of said channel to the Horse Ford,
between Brown Sound and New River : Provided, this act shall
not be so construed as to prohibit anyone from catching clams
for their own table use only.
Misdemeanor. Sec. 2. That auy person, firm or corporation violating any of
Punishment. the provisions of this act shall be guilty of a misdemeanor, and
upon conviction shall be fined not more than fifty dollars or
imprisoned not more than thirty days.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 515,
AN ACT TO AUTHORIZE THE DRAINAGE OF GRANT'S
CREEK, IN ROWAN COUNTY, AND FOR OTHER PUR-
POSES.
Disciiarge of
injurious matter
into streams for-
bidden.
Remedy by
injunction.
Boards of healthi
charged with
execution of act.
The General Assembly of North Carolina do enact:
Section 1. No person or municipality shall flow or discharge
sewage, fecal matter, dye stuff or waste, foul or other injurious
matter into any drain, brook, creek or river in Rowan County,
unless the same shall have been passed through some well-known
system of sewage purification approved by the State Board of
Health; and the continued flow and discharge of such sewage,
fecal waste, foul or injurious matter may be enjoined upon the
application of anyone.
Sec. 2. The auxiliary board of health and the sanitary board
of health of Rowan County shall see to it that the streams men-
tioned in section one shall not be polluted and shall be rendered
and maintained in good sanitary condition by such persons or
municipalities as make use of said streams for sewerage purposes,
and may require such persons and municipalities to drain said
1909— Chaptek 515—516. 877
streams, by ditches, canals or otherwise, for the purpose of purify-
ing the waters of said streams and putting the same in good
sanitary condition and for the benefit of the health of the com-
munity.
Sec. 3. Grant's Creek, in said county, may be drained from the Section of Grant's
cr^^k to t)P
Western North Carolina Railroad bridge across said creek by the drained.
landowners to the point where the sewage of the city of Salis-
bury empties into said creek, pursuant to chapter seven hundred
and fifty-one of the Public Laws of one thousand nine hundred
and seven, entitled "An act to extend the provisions of chapter
one hundred and twenty-three, acts of one thousand eight hundred
and eighty-seven, providing for the drainage of lowlands in the
county of Rowan."
Sec. 4. The drainage of said creek, from the place where said Draining at
. , ., ,., ., , ^, „ ,, . T1,. , ,, expense of Salis-
sewage empties into it until it reaches the Yadkin River, shall bury and Spencer.
be at the expense of the city of Salisbury and of the town of
Spencer, in such equitable proportion as may be determined by the
sanitary committee of Rowan County, and the drainage of said Drainage directed
creek shall be done as directed by said sanitary committee. mittee.' ^^^ *^°™'
Sec. 5. The sanitary committee of Rowan County shall make Rules and regu-
such rules and regulations and impose such penalties in order to ify^sanit^a^y'^com-
put in force and carry out the provisions of this act as may be mittee.
deemed necessary by said committee to protect and advance the
public health.
Sec. 6. Any person or municipality violating this act shall be Violation of act a
•i.u_ £ -1 misdemeanor,
guilty of a misdemeanor.
Sec 7. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1000.
CHAPTER 516.
AX ACT TO PROTECT GAME IN VANCE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the closed season of each year, during which Close season.
no game, bird or animal shall be shot or hunted with a gun,
shall be between the first day of March and the fifteenth day of
November of each year.
Sec 2. That any person found off his premises during the above- Prima facie evi-
mentioned closed season with a gun shall be deemed prima facie '^^"'^^ °^ ^"'^*'
guilty of a violation of this act.
Sec. 3. That any person found guilty of a violation of this act Fine for violation
shall be fined the sum of ten dollars, one-half of said amount ^ivi^s^ibn of fund,
to go to the informant and one-half to the public-school fund.
878 1909 — Chapter 516—517.
Hunting without Sec. 4. That this act shall not prohibit the ruuuiug down and
^^^' catching of any wild or game animal with hounds, where no gun
or other firearm is carried or used.
When act Sec. 5. That all laws and clauses of laws in conrtict with this
effective. ^^^^ ^^^ hereby repealed.
Sec. 6. That this act shall be in full force and effect after the
first day of April, one thousand nine hundred and nine.
Ratified this the 5th day of March, A. D. ir»09.
CHAPTER 517.
AN ACT TO AUTHORIZE THE BOARD OF COMMIvSSIONERS
OF MECKLENBURG COUNTY TO CHANGE THE LOCATION
OF THE COMMON JAIL OF SAID COUNTY AND ISSUE
BONDS FOR THE PURPOSE OF EITHER REPAIRING THE
PRESENT JAIL OR BUILDING A NEW ONE.
The General Assembly of 'North Carolina do enact:
Removal of jail or Section 1. That the Board of Commissioners of Mecklenburg
ne\v^sife'°" ^ County is hereby authorized and permitted, in its discretion, to
authorized. remove or designate a new site for the common jail of said
county at any time a majority of said board may deem it wise
Right to acquire to do SO ; and in case the said board shall remove and designate a
new site for said common jail it shall have the right to acquire
)>y purchase the necessary lands upon which to locate and erect
Right to condennn said common jail ; but if said board shall be unable to agree
'^" ■ with the owner of such land for the purchase of the same, then
it shall have the right to condemn said land for the pui'pose
of locating and building thereon a common jail for said county
and take immediate possession thereof, without let or hindrance
Procedure for from the owner ; and the value of said land so condemned and
condemnation. , , . ,. ,. . ., , ,i , ^ ■ , -,
taken possession ot tor said purpose shall be ascertained and
fixed, as near as may be, pursuant to the manner provided in sub-
division five of chapter sixty-one of the Revisal of one thousand
nine hundred and five, entitled "Eminent Domain."
Bond issue Sec. 2. That for the purpose of building or repairing the com-
authonzed. \\\o\x jail of said county, whether at its present site or a site to be
hereafter located, the Board of Commissioners of Mecklenburg
County is hereby authorized and empowered to issue bonds of
Amount. the county, to an amount not exceeding the sum of one hundred
Denominations, thousand dollars, of the denominations not to exceed one thou-
Interest. sand dollars, bearing interest from the date thereof at a rate not
exceeding five per cent per annum, with the interest coupons
attached, payable semiannually at such time and places as may
be deemed advisable by said board, such bonds to be of such form
and tenor and transferable in such way and the principal thereof
1909 — Chapter 517 — 518—519. , 879
payable at such time or times, not exceeding fifty years from Maturity.
the date thereof, and at such place or places as the said board
may determine : Provided, that none of such bonds shall be dis- Bonds not to be
posed of, either by sale, exchange, hypothecation or otherwise, for ^°^*^ below par.
a less price than the face value thereof.
Sec. 3. That for the purpose of providing for the payment Special tax.
of the interest accruing on and the principal of said bonds at
maturity, the Board of Commissioners of Mecklenburg County
shall, annually, and at the time of the levying of other county
taxes, levy and lay a special tax on all subjects of taxation within
said county which said board is now or hereafter may be allowed
to lay and levy taxes upon for any purpose whatever, sufficient
to pay the interest on said bonds, and to create a sinking fund for
the payment of the principal thereof at maturity.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1900.
CHAPTER 518.
AX ACT TO PROTECT QUAIL IX McDOWELL COIXTY.
llie General Assembly of North Carolina do enact:
Section 1. It shall be unlawful for any person to hunt, kill, in- close season.
jure or capture any quail or partridge in McDowell County from
the first day of February to the first day of December.
Sec. 2. Any person violating the provisions of this act shall Misdemeanor.
l»e deemed guilty of a misdemeanor and shall be fined five dollars Punishment,
for each offense or imprisoned not more than ten days.
Sec. 3. 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 ratifica-
tion.
Ratified this the 5tli day of March, A. D. i::0!).
CHAPTER 519.
AX ACT TO PROTECT GA.ME IX ("RAVEX COUXTY.
The General Assembly of Xorth Carolina do enact:
Section 1. That it shall be unlawful to hunt or kill deer in Open sea.'jon for
Craven County except from September first to February first of
each and every year.
Sec. 2. That it shall be unlawful to sell deer killed in Craven Sale of deer
County in or out of said county, and to sell deer killed out of the ^^^''^'^'^en.
said county in said county, for a period of two years from and
after the ratification of this act.
880
1909— Chapter 519—520.
Open season for
quail or partridge
Sec. 3. That it shall be unlawful to hunt or kill or trap quail
or partridges in Craven County except from November first to
February first of each and every year.
Sec. 4. That it shall be unlawful to hunt or kill "summer ducks"
in Craven County except from the first day of September to the
first day of March of each and every year : Provided, that nothing
in this section shall be construed to change or affect the present
law or laws regulating the hunting of other ducks of a migratory
nature and the killing of the same.
Sec. 5. That anyone violating the provisions of this act shall be
guilty of a misdemeanor and fined not less than twenty-five dol-
lars and imprisoned at the discretion of the court.
Application of act. Sec. 6. This act shall apply to Craven County only.
Sec. 7. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec 8. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
Open season for
summer duck.
Proviso: other
migratory ducks
Misdemeanor
Punishment.
CHAPTER 520.
AN ACT TO CHANGE THE NAME OF SLADES CREEK, IN
HYDE COUNTY, TO SLADE'S RIVER, AND TO PROHIBIT
FISHING WITH DRAG NETS IN SAID RIYER AND IN FOR-
TE SCUE'S CREEK, IN SAID COUNTY.
Preamble.
Preamble.
Name changed.
Fishing with drag
nets forbidden.
Misdemeanor.
Whereas the natural water course known as Slade's Creek, in
Hyde County, is a stream of sufficient magnitude and importance
to be designated as a river, being entitled to this dignity by rea-
son of its length, width, depth and commercial importance ; and
whereas the run of fish in said water course and in Fortescue's
Creek, in said county, has been greatly hindered by excessive use
of drag nets, to the great loss and inconvenience of the citizens of
Hyde County : now, therefore.
The General AssemNy of North Carolina do enact:
Section 1. That the name of Slade's Creek, in the county of
Hyde, be and the same is hereby changed to Slade's River, and by
such name the said water course shall in future be designated in
all official maps, records, laws and other oflScial documents author-
ized by the State of North Carolina.
Sec. 2. That fishing with drag nets be and the same is hereby
prohibited in said river and tributaries and in the waters of
Fortescue's Creek, in said county.
Sec 3. That any violation of the provisions of this chapter, re-
lating to the manner of fishing, above provided for, shall be a mis-
1909— Chapter 520—521—522. 881
demeauor and shall be punished by a fine not exceeding the sum Punishment.
of fifty dollars or imprisonment for not more than thirty days, in
the discretion of the court.
Sec. 4. That all laws or clauses of laws in conflict with the pro-
visions of this act are herebj' repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March. A. D. 1!>09.
CHAPTER 521.
AX ACT TO REGULATE THE TAKING OF CLAMS IN MASON-
BORO SOUND. IN THE COUNTY OF NEW HANOVER.
The General AssemhUi of Xorth Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Use of instru-
to use any rake or other instrument with more than two prongs '"^"*'' ^^^" ^^^ -
for the purpose of taking clams from any natural oyster rock or
the other waters of Masonboro Sound, in the county of New Han-
over, between what is known as Fowler's Landing to Cockle Shell Territory.
Point, in said county, a distance of about one mile.
Sec 2. That any person violating the provisions of this act shall Misdemeanor.
be guilty of a misdemeanor, and upon conviction shall be fined Punishment.
not more than fifty dollars or imprisoned not more than thirty
days.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1009.
CHAPTER 522.
AN ACT FOR THE RELIEF OF OWNERS OF LIVE STOCK IN
A PORTION OF TYRRELL COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the owners of live stock, with necessary help, Right to enter
shall have the right to go upon the unenclosed premises of per- prem?ses^
sons or corporations in South Fork Township and in that part Territory,
of Columbia Township situated on the south side of the public
road known as the Cross Landing Road, in Tyrrell County, and Purpose of entry.
I'ub.— .50
882
1909 — Chapter 522 — 523—524.
kill or otherwise obtaiu rightful possession of same when the
same shall be runniug at large upon unenclosed premises in the
territory above named.
Sec. 2. That all laws and parts of laws in conflict herewith
are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 523.
AN ACT TO VALIDATE THE ACTS OF GEORGE B. COOPER,
A JUSTICE OF THE PEACE IN GRIFFIN'S TOWNSHIP,
NASH COUNTY.
The General AssemhJy of North Carolina do enact:
Acts validated. SECTION 1. That all acts done by George B. Cooper pertaining
to his office as justice of the peace in Griflin's Township, Nash
County, since his term expired, on the first day of December, one
thousand nine hundred and eight, be and the same are hereby rati-
fied and affirmed to the same extent as if he had been a legally
appointed justice of the peace.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 524.
AN ACT RELATING TO THE SALE OF REFRESHMENTS AT
ALL STATE HIGH SCHOOLS IN ALAMANCE COUNTY.
The General AssemMy of North Carolina do enact:
Sale of refresh- SECTION 1. That the sale of refreshments at all entertainments
ments under con- ^ ,, aj. ^ ■, • x , i • ., ^ . ^■, ^ ^ .-
trol of trustees. ^t all State high schools in Alamance County that are for the
benefit of said schools shall be under the exclusive control of the
trustees of said schools.
Putting up stands Sec. 2. That it shall be unlawful for any person not connected
and selling with- -x, i, .-,,,, , , , , ,
out consent of With the said schools to put up stands, tents or other places of
trustees forbidden, business at or near said schools and sell such refreshments with-
out first getting the written consent of at least three members of
the board of trustees.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
1909 — Chapter 525. 883
CHAPTER 525.
AX ACT TO AMEND CERTAIN SECTIONS OF THE RE VI SAL
OF 1905 OF NORTH CAROLINA AND CERTAIN CHAPTERS
OF THE PUBLIC LAWS OF 1907 OF NORTH CAROLINA,
BEING PARTS OF THE PUBLIC-SCHOOL LAW.
The General Assemlily of North Carolina do enact:
Sectio^st 1. Tbat section two thousand seven hundred and eighty- Salary of super-
two of the Revisal of one thousand nine hundred and five of Noi'th iredell^county.
Carolina be and the same is hereby amended by striking out all
of said section after the word "board," in line nine thereof.
Sec. 2: That section four thousand and eighty-nine of the Re-
visal of one thousand nine hundred and five of North Carolina
be and the same is hereby amended by inserting after the word
"chapter" and before the word "and," in line six thereof, the fol-
lowing : "and he is hereby authorized to have printed, as other Educational
public printing, and distributed, such educational bulletins as he " etins.
shall deem necessary for the professional improvement of teachers
and for the cultivation of public sentiment for public education."
Sec. 3. That section four thousand and ninety-seven of the Re-
visal of one thousand nine hundred and five of North Carolina
be and the same is hereby amended by adding at the end of said
section the following words : "Provided, that the State Board of Proviso: salary of
Education may deduct annually from said appropriation or from cokf/ed normal °
any other appropriation out of the State Treasury for public schools and
^ ^ ^ .7 1 director of county
schools an amount not to exceed one thousand two hundred dol- institutes.
lars, to be used in part payment of the salary and expenses of
the Superintendent of the State Colored Normal Schools and in-
spector and director of the county institutes and teacher-training
work of the State, to be paid by the State Treasurer only upon
the warrant of the State Auditor, issued upon the requisition of
the State Superintendent of Public Instruction."
Sec. 4. That section four thousand one hundred and fifteen of
the Revisal of one thousand nine hundred and five of North Caro-
lina be and the same is hereby amended by inserting after the
word "district," in line four thereof, the following words : "in Petitioners for
whose name real estate in such district is listed in the tax lists d^ltrkits.^^
of the current fiscal year" ; and by adding at the end of said sec-
tion the following words : "Upon petition of one-half of the quail- Petition for
f 1 . . ,. . •!.. T 2 ■ ^ .11.,, ■, second election.
fied voters residing in any special-tax district established under
this section, endorsed and approved by the county board of edu-
cation, the board of county commissioners shall order another elec-
tion in said district for submitting the question of revoking said
tax and abolishing said district, to be held under the provisions Proviso: election
prescribed in this section for holding other elections: Provid^d,l^Tj^''°^^^^°'^°^
884
1909— Chapter 525.
Proviso: elections
for increase or
restoration of tax.
Election of county
boards of educa-
tion.
Terms of office.
Election of
successors.
Proviso: counties
excepted.
Eligibility.
Vacancies.
Appropriation for
county institutes.
that no election for- revoking a special tax in any special-tax dis-
trict shall be ordered and held in said district within less than
two years from the date of the election at which the tax was voted
and the district established, nor at any time within less than two
years after the date of the last election on said question in said
district; and if at such election a majority of the qualified voters
in said district shall vote 'Against Special Tax,' said tax shall be
deemed revoked and shall not be levied, and said district shall be
discontinued : Provided further, that the provisions for ordering
a new election to revoke a special tax in any special-tax district
shall not apply to elections in such districts for increasing or re-
storing the special-tax levy in such district, which elections may
be ordered and held at any time in accordance with the provisions
of this section for establishing new special-tax districts."
Sec. 5. That section four thousand one hundred and nineteen
of the Revisal of one thousand nine hundred and five of North
Carolina be and the same is hereby amended as follows: Strike
out all in lines one, two, three, four, five, six and seven thereof,
and all in line eight down to and including the word "qualified,"
and insert in lieu thereof the following words: "The General
Assembly of one thousand nine hundred and nine shall appoint
three men in each county, who shall constitute the county board
of education, one for a term of office of two years, one for a term
of office of four years and one for a term of office of six years.
The term of office of each shall begin on the first Monday in July
next succeeding his appointment. Each succeeding General As-
sembly, at its regular session, shall appoint one member of the
county board of education in place of the member whose term of
office expires on the first Monday in July next succeeding that
meeting of the General Assembly, and his term of office shall con-
tinue for six years from the first Monday in July next succeeding
his appointment and until his successor is duly appointed and
qualified : Provided, that the provisions of this section shall not
apply to those counties in which the county boards of education
were at the general election of one thousand nine hundred and
eight elected by a vote of the people. No person shall be eligible
as a member of the county board of education who is not known
to be a man of intelligence, of good moral character, of good busi-
ness qualifications and heartily in favor of public education."
Strike out, in line thirteen thereof, the words "the three." be-
tween the words "appoint" and "mem-" and in lieu thereof insert
the words "one or more" ; strike out, in line fifteen thereof, the
following words : "or any one or more of such members," between
the words "vided" and "such," in said line.
Sec. 6. That section four thousand one hundred and sixtj'-seven
of the Revisal of one thousand nine hundred and five of North
1909 — Chapter 525. 885
Carolina be and the same is hereby amended by striliiug out the
word "may," before the word "biennially," in line two thereof,
and inserting in lieu thereof the word "shall."
Sec. 7. That section four thousand one hundred and seventy-
nine of the Revisal of one thousand nine hundred and five of
North Carolina be and the same is hereby amended by adding at
the end thereof the following words: "Provided further, that any Proviso: surplus
balance of the biennial appropriation of two thousand five hundred enlargement of
dollars for the enlargement of libraries remaining in the hands of libraries to be
° ° used in establish-
the State Treasurer at the end of each biennial period shall be ing libraries.
used for the establishment of new libraries in accordance with
the provisions of section four thousand one hundred and seventy-
two of the Revisal of one thousand nine hundred and five of North
Carolina."
Sec. S. That chapter eight hundred and twenty of the Public Appropriation for
Laws of one thousand nine hundred and seven of North Carolina schoof'^'' raining
be and the same is hereby amended by striking out all of section
nineteen thereof.
Sec. 9. That chapter eight hundred and ninety-four of the Pub- Application of
lie Laws of one thousand nine hundred and seven of North Caro- law. " ^°^^ ^^ ^°°
lina be and the same is hereby amended by striking out all of sec-
tion ten thereof and adding at the end of section one thereof the
following : "Upon petition of a majority of the parents of the Compulsory
children of school age in any st-hool district or township of any petft^ion!^^^ °"
county, the county board of education of such county may in its
discretion order compulsory attendance upon the school or schools
flamed in such petition or upon all the schools in the township
named, as provided for in this act. Whenever it shall appear from Establishment of
the certificate of the county superintendent of public instruction ^ithout^'p^itton.
of any county that the enrollment in any school in any school dis-
trict in said county for the preceding school year was less than
sixty per cent, or that the average daily attendance upon said
school was less than thirty-five per cent of the school census of
said district, the county board of education of the county in
which such school is located, without iietition or election, shall
have the power in its discretion to order compulsory attendance
upon such school under the provisions of this act."
Sec. 10. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 11. That this act shall be in force from and after its ratifi-
cation.
Ratified tliis the nth dav of .March. A. I). I'.M)-.).
886
1909— Chapter 526.
CHAPTER 526.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF UNION
COUNTY TO ISSUE BONDS TO BX^LD, MACADAMIZE
AND IMPROVE THE PUBLIC ROADS OF UNION COUNTY.
Purpose of issue.
Bond issue
autliorized.
Amount.
Denominations.
Interest.
Maturity.
Proviso: bonds
not to be sold
below par.
Authentication.
Record of bonds.
Special tax.
Constitutional
equation.
Proviso: limit of
tax rate.
The General Assembly of NortJi. Carolina do enact:
Section 1. That for the purpose of building, macadamizing and
otlierwise improving the public roads of Union County, the board
of commissioners of said county is hereby authorized and em-
powered and directed to issue bonds of the county to an amount
not exceeding two hundred thousand dollars ($200,000), of the
denominations not to exceed one thousand dollars, bearing inter-
est from the date thereof not exceeding five per cent per annum,
with interest coupons attached, payable annually at such time and
place as may be deemed advisable by said board of county com-
missioners, such bonds to be of such form and tenor and transfer-
able in such way and the principal thereof payable at such time
or times, not exceeding thirty years from the date thereof, and at
such place or places as the said board of county commissioners
may determine: Provided, that none of said bonds authorized by
this act shall be disposed of, either by sale, exchange, hypotheca-
tion or otherwise, for a less price than their face value.
Sec. 2. The bonds and coupons shall be numbered and signed
by the chairman of said board of commissioners and countersigned
and attested by the treasurer of said county and bear the cor-
porate seal of said county of Union.
Sec. 3. A record shall be kept by the said board of commission-
ers, in a separate book for that purpose, of all bonds sold, and
to whom, the amount and dates of sale and issuing of each bond,
and its number.
Sec. 4. In order to pay the interest on said bonds, create a
sinking fund for taking up said bonds at maturitj% and support-
ing the chain gang or convict force, and establishing, altering
and maintaining the public roads and highways of said county in
good condition, the board of commissioners for the county of
Union or other authorities vested with the levying of taxes for
said county shall annually compute and levy at the time of levy-
ing other county taxes a sufficient special tax on all polls, all
real estate and personal property and all other subjects of taxa-
tion which said commissioners or other authorities now or here-
after may be allowed to levy taxes upon for any purposes what-
ever, always observing the constitutional equation between the
tax on property and the tax on polls : Provided, there shall not
be at any time levied in the county of Union for the purpose of
road improvement, and including all expenditures made neces-
1009— Chapter 526. 887
sary by this act, a tax greater iu amount than twenty-five (25)
cents upon the hundred dollars' worth of property and seventy-
five (75) cents on each poll.
Sec. 5. That said taxes, when collected, shall be kept separate Taxes kept
and apart from all other taxes, and shall be used only for the Specific^appro-
purpose for which it was collected. pnation.
Sec. 6. That it shall be the duty of the board of commissioners Investments of
for the county of Union to annually invest any and all moneys ^"^ "^^
arising from the special tax for sinking fund in the purchase of
any of said bonds at a price deemed advantageous to said county
by said board of commissioners and to be agreed upon between
them and the owners thereof; but in case said county bonds can-
not be purchased the said commissioners shall invest said sinking
fund, upon approved security and upon terms advantageous to
said county.
Sec. 7. That any moneys of said sinking fund so loaned shall li^terest on
have the legal rate of interest in North Carolina, and any interest
from said fund shall be annually invested in the same way.
Sec. 8. That the money arising from the sale of said bonds Use of proceeds
shall be used to purchase improved road-working machinery, to
survey, lay out, grade, macadamize, improve and maintain the
public roads of said county, by contract or otherwise, and in guard-
ing and maintaining such convict force as may from time to time
be assigned to work on said roads.
Sec. 9. That all public roads in said county shall be located Location and
grade of roads.
where they should permanently remain, shall be made as straight
as practicable, and shall be macadamized only after having been
graded to a grade of less than three per cent.
Sec. 10. That the bonds herein provided for shall be deposited Deposit of bonds.
in some safe-deposit company or bank, to be designated by said
board of commissioners, and only drawn out on the joint order
of the board of commissioners and the treasurer of said county,
the proceeds of which shall be applied to the purposes as herein
provided for.
Sec 11. That the moneys received from the sale of said bonds Apportionment of
and all other moneys raised under any provision of this act for ^°^'^ funds.
road-working purposes shall be expended proportionately for the
building, macadamizing and otherwise improving the public roads
in each of the several townships in Union County, according to
the ratio of the amount of property listed for taxation in the town-
ship to that of the total amount of property listed for taxation in
the county.
Sec 12. For the purpose of ascertaining the wishes of the voters Election to be
of Union County upon the question of issuing bonds and iniprov- '^^''^'^ ■
ing the roads as is provided In this act, an election shall be held
in all the voting precincts in said county of Union at such time
as said board of commissioners shall designate and appoint. At Tickets.
1909— Chapter 526.
Law governing
election.
Registration.
Appointment of
registrars and
judges.
Count and return
of votes.
Blanks for
returns.
Returns in
triplicate.
Canvass of
returns.
Effect on former
laws.
snid election all qualified voters in said county may vote a written
or printed ticket. Those who favor the purposes of this act shall
vote a ticket with the words "For Good Roads" written or printed
thereon, and those who oppose the purposes of this act shall vote
a ticket with the words "Against Good Roads" written or printed
thereon ; and if a majority of the qualified voters at said election
shall vote for good roads, then the bonds provided for in this act
shall be issued and .sold according to the provisions hereinbefore
contained. The said election shall be held in the manner pro-
vided by law for the election of members of the General Assembly,
except as otherwise provided in this act. The registration books
shall be opened for the registration of voters for the same length
of time prior to said election and under the same laws as govern
general elections. The registrars and .judges of election shall be
appointed by the commissioners of Union County at least forty
days before the said election, and the list of persons so appointed
shall be published for two weeks next succeeding this appointment
in some newspaper published in Union County. There shall be
appointed one registrar and two judges of election for each pre-
cinct, and if practicable to do so the commissioners shall appoint
one judge of election favorable to good roads and one opposed
thereto, and said registration and election shall be held in all
respects like the elections for members of the General Assembly
are held, except as otherwise provided in this act. At the close
of the election in each precinct the votes shall I)e counted and re-
turned, over the signatures of the registrar and judges of election,
to the board of county commissioners. Abstracts or blanks for
this purpose shall be prepared by the board of county commissior
ers and furnished to each precinct, and the registrar or one judg*.
of election shall be chosen as a messenger to transmit the said
returns to the board of commissioners. Said i-eturns shall be
executed in triplicate. One copy shall be transmitted, as afore-
said, to the board of commissioners, one copy to the clerk of the
Superior Court of said county and one copy retained by the regis-
trar of each precinct. On the first Monday succeeding the elec-
tion the commissioners of Union County shall meet as a canvass-
ing board and shall receive the returns of said election, canvass
and judicially pass upon the same, and declare the result of the
election. If a majority of the voters of Union County qualified to
vote at said election shall have voted "For Good Roads," then the
bonds provided for in this act shall be issued and sold.
Sec. 13. That this act shall not be construed as repealing any
road law now in force and effect in the said county of Union until
ratified by the people as herein provided, and then only in so far
as such road law or any part thereof may be repugnant to any
part of this act.
1909— Chapter 520. 889
Sec. 14. That if a majority of the voters of Union County quali- Further elections,
tied to vote at the election hereinbefore provided for shall fail
to vote for good roads at such election, then and in that event the
same question may again be submitted to the voters of Union
County, by order of the board of commissioners for the county of
Union, at such time or times as said board of commissioners shall
designate and appoint in any subsequent year thereafter : Pro- Proviso: no
vided, that if at any such election a majority of the voters of said majority favor"
county qualified to vote in any such election shall vote "For Good ^'^°'^ roads.
Roads," then no further election shall be held on said question,
but the board of commissioners of said county of Union shall pro-
ceed to issue and sell the bonds of said county, to an amount not
exceeding two hundred thousand dollars ($200,000), in the man-
ner and for the purpose specified hereinbefore. Such elections Law governing
shall be held in the manner provided by law for the election of ^ ^^ '°'^^"
members of the General Assembly. The registration booljs shall Registration,
be open for registration of voters for the same length of time
prior to such election and under the same laws as govern general
elections, except as otherwise provided in this act. The Board of
Conunissioners of Union County shall, at least forty days before
any such election, appoint one registrar and two judges of election Appointment of
for each precinct, and a list of the persons so appointed shall be ^uf/Jgs^^ ^^^
published for two weeks next succeeding this appointment in some
newspaper published in said county. At the close of the election Count and return
in each precinct the votes shall be counted and returned, over the °^ '^otes.
signatures of the registrar and judges of election or a majority
of them, to the board of commissioners for the county of Union.
Abstracts or blanks for this purpose shall be furnished by said Blanks for
board of commissioners, and the registrar or one judge of election ''^*^"^"®-
shall be chosen as a messenger to transmit the said returns. Said Returns in
returns shall be executed in triplicate, and one copy shall be trans- "^ "^^ ^"
niitted as aforesaid to the board of commissioners for the county
of Union, one copy to the clerk of the Superior Court of said
county, and one copy shall be retained by the registrar. On the canvass of
Monday next succeeding the election the board of commissioners returns,
for the county shall meet as a canvassing board and shall receive
the said returns of said election, shall canvass and judicially pass
upon the same, and shall declare the result of the election. If a
majority of the voters of Union County qualified to vote at such
election shall have voted "For Good Roads," tlien the bonds pro-
vided for in this act shall be issued and sold according to the pro-
visions hereinbefore set forth.
Sec. 15. That when the board of conunissioners for the county no further road
of Union shall have issued and sold the bonds provided for in this [fsued*^""^^ ^^^
act, said board of commissioners shall thereafter levy no other
road tax than that provided for in this act, then the chain gang Chain gang.
890 1909— Chapter 526—52"
heretofore established for Mouroe Township, in said county, shall
Free labor not be a chain gang for the entire county of Union, and no free labor
require . ^^ ^^^ roads of said county shall thereafter be required under the
provision of section thirteen, chapter two hundred and thirty-one
of the Public Laws of one thousand eight hundred and ninety-
seven, or any other act.
Control of chain Sec. 16. That should the bonds hereinbefore provided for be
^^"^' voted, issued and sold, the chain gang for the county, as provided
in section fifteen of this chapter, shall be under the supervision
of the county commissioners of said county, but shall be subject
to the same laws, rules and regulations as now govern the chain
Sale of property gang for Monroe Township. The proiierty of the Monroe Township
shlp.°"™^ °^"' chain gang may be disposed of by the chain-gang commissioners,
and the money received for the same and all other moneys belong-
ing to the road fund of said township shall be used for the im-
provement of roads in said township.
Secretary of state Sec. 17. That immediately after the passage of this act the Sec-
to^send copy of j-etary of State shall send a certified copy of the same to the Reg-
ister of Deeds of Union County.
Sec. 18. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 527.
AN ACT TO AMEND SECTION 2777 OF THE REVISAL OF
1905, RELATING TO SHERIFF'S FEES IN DARE COUNTY.
The General AsseriiNy of North Carolina do enact:
Allowance to Section 1. That section two thousand seven hundred and sev-
sheriff
enty-seven, Revisal of one thousand nine hundred and five, be
amended by adding at the end of said section the following: "The
Sheriff of Dare County shall be allowed his actual traveling ex-
penses incurred by him in serving warrants, capiases or other
criminal processes on the waters of Dare County or at any point in
Dare County across the water."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
1909— Chapter 528—529—530. 8^1
CHAPTER 528.
AN ACT TO AMEND SECTION 1 OF CHAPTER 228 OF THE
PUBLIC LAWS OF 1907.
The General AssemUy of North Carolina do enact:
Section 1. That section one of chapter two hundred and twenty-
eight of the Public Laws of one thousand nine hundred and seven
be'' and the same is hereby amended by striliing out all of said sec-
tion after the word "same," in line three thereof, and inserting Time ^for^l^^vding
in lieu thereof the following, to-wit: "in the middle of the road, roads,
within fifteen days from the day of cutting."
Sec. 2. That this amendment and act shall be in full force from
and after its ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 529.
\N \CT TO AUTHORIZE JOHN R. MILLIKEN, LATE SHER-
^ IFF OF CHATHAM COUNTY, TO COLLECT BACK TAXES.
The General Assembly of North Carolina do enact:
SECTION 1. That John R. Milliken, late Sheriff of Chatham CoUectioaof^^
County, be and he is hereby authorized and empowered to collect i^ed.
all arrearages of taxes due by persons in said county of Chatham
for the years one thousand nine hundred and five, one thousand Years.
nine hundred and six, one thousand nine hundred and seven and
one thousand nine hundred and eight, under existing laws, with
full power to levy and distrain for taxes under the law in force
in said years, in all respects as if said taxes were now due.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 530.
AN ACT TO PROTECT QUAIL IN CHATHAM COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt Close season.
or shoot quail in the county of Chatham between the fifteenth-
day of February and the twentieth day of November in each
year.
892
1909— Chapter 530—531.
Misdemeanor. Sec. 2. Any person violating this act shall be guilty of a mis-
Punishment, demeanor and upon conviction fined not more than fifty dollars
or imprisoned not more than thirty days.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5fh day of March, A. D. 1909.
CHAPTER 531.
AN ACT TO CKEATE A BOARD OF ROAD COMMISSION-
ERS FOR BANNER TOWNSHIP, JOHNSTON COUNTY.
Commissioners
named.
Terms of office.
Election of
successors.
Vacancies.
Board to liave
control of road
work.
Powers.
The General Assembly of Xorth Carolina do enact:
Section 1. That C. T. Johnson, N. T. Ryals and E. L. Hall
be and they are hereby created, declared and constituted a board
of road commissioners for Banner Township, Johnston County.
The terms of ofl3ce of the said commissioners shall be as follows :
C. T. Johnson, from the first day of May, one thousand nine
hundred and nine, one year ; N. T. Ryals, from the first day of
May, one thousand nine hundred and nine, two years ; E. L.
Hall, from the first day of May, one thousand nine hundred and
nine, three years, or until their several successors shall be duly
elected and assume the duties of their oflice. It shall be the
duty of the said Board of Road Commissioners of Banner Town-
ship. Johnston County, to meet on the first Monday in May in
each year and elect a successor to the retiring member, who
shall hold his oflice for three years. Should any vacancy occur
in said board, from death, resignation or other cause, the re-
maining members may at any time meet and elect some suitable
person to fill such vacancy.
Sec. 2. That said board of road commissioners shall- have com-
plete control of the working of all the public roads in Banner
Township, and shall have power to change the location of any
road or discontinue any road or part thereof which they may
deem necessary, to employ a superintendent and fix his salary,
to employ necessary guards to keep in custody and work on the
said roads all such persons as have already been sentenced and
all such persons as may be hereafter sentenced to work on the
public roads of Johnston County, to provide for the working of
said convicts on said roads to the best advantage, to do any
and all things necessary to be done for the maintenance and
betterment of the public roads in said township.
1909— Chaptek 531. 893
Sec. 3. That the said board of road commissioners shall hold Meetings of board.
their meetings at a time and place to be designated by the
chairman or at the request of any two members of said board.
The said board shall keep a full and true account of all its Record of pro-
proceedings, showing its receiiJts and disbursements, the number
of persons employed, and other matters in any way connected
with or relating to the working of said roads. The said books Safe-keeping of
shall be left with the treasurer herein provided for. and shall ""^^^r"-
at all times be subject to the inspection of any taxpayer of Ban-
ner Township.
Sec. 4. That the said board of road commissioners, at its Election of
first meeting, shall appoint some person or corporation as treas- ^^^^"^er.
urer of the Banner Township road fund. The person or corpora- Bond of treasurer.
tion so designated shall give- a bond, in such form and amount
as shall be required by the said board, payable to said board,
for the faithful performance of his or its duties as treasurer and
for the faithful holding and disbursing of the said funds in ac-
cordance with orders and directions of the said board. His com- Compensation.
pensation for his services shall not exceed five per centum of
disbursements of the said road funds.
Sec. 5. That the members of the said board of road commis- Compensation of
sioners shall receive as compensation for their services not ex- ^o^nmissioners.
ceeding the sum of two dollars per day while actually engaged
in the performance of their duty.
Sec. 6. That for the purpose of raising funds to carry the pro- Road tax to be
visions of this act into effect the Board of Commissioners of '®^^®'^-
Johnston County shall, at its meeting in April, one thousand
nine hundred and nine, and annually thereafter, levy a tax Rate.
not exceeding twenty-five cents on each one hundred dollars'
worth of property in said township and seventj^-five cents on each
poll, said tax to be collected by the Sheriff of Johnston County Collection of tax.
as other taxes are collected, and by him paid to the treasurer
of said road fund, without fees for disbursement.
Sec. 7. That it shall be lawful for the several judges of the Convicts to be
Superior Court of the State, for the justices of peace of John- ^ork."'^^^ ^° ^°^^
ston County and the mayor of the town of Benson to sentence
persons convicted in their several courts to work on the public
roads of said county, and when so sentenced such convicts may
be worked on the public roads of Banner Township, in said
county.
Sec. 8. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1000.
804
1909— Chapter 532—533.
CHAPTER 532.
AX ACT TO AMEND SECTIONS 2055. 2773 AND 2776 OF THE
REVISAL OF 1905.
Franklin
stricken out.
Franklin
stricken out.
Franklin
stricken out.
The General Asse)nl)lij of North Carolina do enact:
Section 1. That section two tliousMiid aud fifty-five of the
Revisal of one thousand, nine hundred and five be and the same
is herebj' amended by striliing out, in lines nine and ten of said
section, the word "Franlilin."
Sec. 2. That section two thousand seven hundred and seventy-
three of the Revisal of one thousand nine hundred and five be
aud the same is hereby amended by strilviug out of the thirty-
third line, on page eight hundred and twenty-seven of volume
one of the Revisal, the word "Franklin."
Sec. 3. That section two thousand seven hundred and seventy-
six of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by striking out, in line thirteen
thereof, the word "Franklin."
Sec 4. That all laws and clauses of laws in conflict with this
act be aud the same are hereby repealed.
Sec 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 533.
AN ACT TO AMEND SECTIONS 2 AND 5 OF CHAPTER 341
OF THE PUBLIC LAWS OF 1899.
Cotton weigher
to mark bales.
Compensation of
weigher.
The General Assevidhj of North Carolina do enaet:
Section 1. That section two of chapter three hundred and forty-
one of the Public Laws of one thousand eight hundred and ninety-
nine be amended by adding after the word "damage," at the end
of said section, the following: "and said cotton weigher shall
place on each bale of cotton weighed by him such mark or marks
as he may be directed to place thereon by the purchaser of said
bale of cotton."
Sec 2. That section five of chapter three hundred and forty-one
of the Public Laws of one thousand eight hundred and ninety-
nine be amended by striking out all of said section after the word
"sale," in the third line thereof, and adding in lieu thereof the
following : "and shall receive a comxiensation of ten cents for each
1909— Chapter 533—534. 895
bale of cotton \yeighed and marked, five cents of said sum to be
paid by the purchaser and five cents of said sum to be paid by the
seller of said bale of cotton."
Sec. 3. That all laws or parts of laws in conflict with this act
be and the same are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 534.
AX ACT TO REGULATE HUNTING IN SYLVA TOWNSHIP,
IN JACKSON COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Hunting without
to hunt with dog or gun on any lands of another within the bounds
of Sylva Township, in Jackson County, without first obtaining a
liceu.se from the Clerk of the Superior Court of Jackson County,
issued as hereinafter provided, and the written permission of the Written per-
, „ . - , - mission of land-
owner or agent of said lands. owners.
Sec. 2. That it shall be the duty of the Clerk of Superior Court Clerk of suoerior
of Jackson County to issue a license to hunt on the lands of an- ncense.
other within the bounds of Sylva Township, said county, upon the License fee.
a])plicant paying the sum of one dollar for each license, said
license to be good for one year from the date of issue thereof, and Fee for issuing
the clerk of Superior Court may charge a fee of twenty-five cents
as a fee for issuing said license, to be paid by the applicant.
Sec. 3. That it shall be the duty of the clerk of court of Jack- Record of
licBtiscs
son County to keep a record in his office, in which he shall record
the name, the date of issue and the date of the termination of each
hunting licen.se issued by him to persons under the provisions of
this act, and he shall make payment of the total sum of license Payments to
fees so collected by him to the treasurer of the school fund of treasurer.
Jackson County on the first Monday of January of each and every
year, and shall make a report of the hunting license fees so col- Report of license
lected in his regular annual report.
Sec. 4. That nothing herein shall be construed to affect in any General law
way the general law now enacted or which may hereafter be en-
acted requiring license or tax from nonresident hunters.
Sec. 5. That any and all the townships in said county may Townships
come within the provisions of this act upon the filing with the peu'tion of"
board of county commissioners of said county application or peti- majority of voters
tiou, in writing, signed by a majority of the freeholders of said
896
1909 — Chapter 534—535.
Certificate to
clerk of court.
Removal of quail
from county
forbidden.
Misdemeanor.
Punishment.
towuship, which application or petition shall be placed ou record
by said board of commissioners, together with the finding of fact
by said board of county commissioners as to the majority of the
freeholders in such township so signed to said application or peti-
tion, and if it is found that a majority of the freeholders in said
township favor coming under the provisions of this act the .said
board of county commissioners shall declare the said territory
under the provisions of this act and shall certify the same to the
Clerk of the Superior Court of Jackson County, who shall be gov-
erned by section three of this act.
Sec. 6. That any person removing from Jackson County any
quail shall be subject to the penalties of flection seven of this act.
Sec. 7. That any person violating any of the provisions of this
act shall be guilty of a misdemeanor, and shall upon conviction
thereof be fined ten dollars or imprisoned not more than thirty
days.
Sec. 8. That all laws and clauses of laws conflicting with this
act be and the same are hereby repealed.
Sec. 9. That this act shall be in force from and after Its ratifi-
cation.
Ratified this the 5th day of March. A. D. 190!».
CHAPTER 535.
AN ACT TO PROTECT PROPERTY OWNERS ON AHOSKIE
SWAMP, IN HERTFORD COUNTY.
llic General Assembly of North Carolina do enact:
Netting or SECTION 1. That it shall be unlawful for any person or persons
trapping or felling , , , -3,. .^,, j. '.^x, ^
trees into or across to net or trap fish m or to fell trees across or into the run of
run of swamp
forbidden.
Territory.
Misdemeanor.
Punishment.
Ahoskie Swamp, in Hertford County, from a point on said swamp
known as Bonner's bridge to a point known as the Stony Creek
bridge, without first obtaining the written permission of the prop-
erty owners and adjacent property owners along said swamp,
within the boundary herein set out.
Sec. 2. That any person or persons violating this act shall be
guilty of a misdemeanor, and upon conviction shall be fined not
exceeding fifty dollars or imprisoned not exceeding thirty days.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March. A. D. 1909.
1909— Chapter 536—537. 897
CHAPTER 536.
AN ACT TO PROTECT GAME IN MECKLENBURG COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to trap, Protection of
take, catch, shoot or kill or in any manner destroy any quail or Fo/two^years!"^'
partridge for two years from and after the ratification of this act.
Sec. 2. That it shall be unlawful for any person to sell or offer Selling or offering
for sale any quail or partridge for two years from and after the ^°^ ^^^® forbidden,
ratification of this act, and the possession of any quail or par- Possession prima
tridge within said two years by any person shall be prima facie
evidence of the violation of this section.
Sec 3. That any person violating any of the provisions of this Misdemeanor.
act shall be guilty of a misdemeanor, and upon conviction shall Punishment.
be fined not more than fifty dollars ($50) or imprisoned not more
than thirty (30) days.
Sec 4. That this act shall apply only to the county of Mecklen- Applicati9n and
burg, and this act shall not be construed to repeal any law or a,.".^
clauses of laws relative to protection of game in Mecklenburg
County, except as the same are inconsistent with the provisions of
this act.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March. A. D. inOO.
CHAPTER 537.
AN ACT TO PROTECT FUR-BEARING ANIMALS IN
CURRITUCK COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be unlawful to shoot any otter or musk- Close season for
rat upon any of the marsh lands on the east side of Currituck ratf '^"'^ "^^^^~
Sound, after sundown and before sunrise, between the fir.st day
of October and the thirty-first day of March in each year.
Sec. 2, That the violation of any of the provisions of this act Misdemeanor.
shall be a misdemeanor, and upon conviction the defendant shall Punishment.
be fined not less than twenty-five dollars nor more than fifty dol-
lars or imprisoned not more than thirty days.
Sec 3. This act shall be in force from and after its ratification.
Ratified this the 5th day of March. A. D. 1000.
Pub.-
898
1909— CiiAPTKR 538—539.
CHAPTER 538.
AN ACT TO CHANGE THE TIME OF HOLDING THE SUPE-
RIOR COURTS FOR TYRRELL AND DARE COUNTIES AND
TO PROVIDE AN ADDITIONAL WEEK OF SUPERIOR
COURT FOR TYRRELL COUNTY.
Times for holding
court.
Tyrrell county.
Dare county.
The General Assembly of North Carolina, do enact:
Section 1. That section one thousand five hundred and six of
the Revisal of one thousand nine hundred and five be and is
hereby amended as follows : "The times for holding the Superior
Courts of Tyrrell and Dare counties shall be as follows :
"Tyrrell County — Eighth Tuesday after the first Monday in
March, to continue one week; tenth Tuesday after first Monday
in September, to continue two weeks.
"Dare County — Ninth Tuesday after the first Monday in March ;
ninth Tuesday after the first Monday in September."
Sec. 2. All laws and parts of laws in conflict herewith are
hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the .jth day of March, A. D. 1009.
CHAPTER 539.
AN ACT TO REGULATE HUNTING WILD FOWL IN DARE
COUNTY.
Shooting
regulated.
Territory.
Close days.
Shooting from
bush blinds.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to hunt or shoot duclis or other wild fowl from batteries, gasoline
boats or in any way force ducks on the wing in the following-
described territoi-y in Dare County : Beginning at Nag's Head
wharf and running to Croatan lighthouse; thence a north course
to the Dare and Currituck line ; thence an eastwardly course along
said line to the head of the Kitty Hawk Bay; thence with the
various meanderings of said bay, Colington and Nag's Head shores
to the place of the beginning.
Sec. 2. That it shall be unlawful for any person or persons to
shoot in any way within the boundaries above named on Wednes-
days and Saturdays of each week.
Sec. 3. That it shall be unlawful for any person or persons to
shoot from any bush blind within said boundary, except the same
be owned by him, or by the permission of the owner of such
blinds as may be erected.
1900 — Chapter 539 — 540. 899
Sec. 4. That it shall be unlawful to shoot any gun, pistol, rifle Shooting between
or other firearm within said boundaries between sunset and sun- rise^forbf(Men'^'
rise on any day between the first day of November and the thirty-
first day of March of each year.
Sec. 5. That any person violating any of the provisions of this Misdenieanor.
act .shall be guilty of a misdemeanor, and upon conviction shall Punishment,
be fined no.t less than ten dollars nor more than fifty dollars ($50)
or imprisoned not more than thii'ty days, iu the discretion of the
court.
Sec. (i. 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 this the 5th day of March, A. D. 1900.
CHAPTER 540.
AX ACT REGULATING FISHING IN WATERS OF ALBE-
MARLE SOUND.
The General Assembly of Xorfh Carolina do e)iaet:
Section 1. That section two thousand four hundred and twenty- Fish commis-
sioiiGr
nine of the Revisal of one thousand nine hundred and five be
amended by leaving out the words "oyster commissioner" wher-
ever thej- occur and inserting in lieu thereof the words '"fish
commissioner," and bj^ repealing all after the word "year," in
line sixteen, and inserting the following in lieu thereof : "That violation of see-
any person violating the provisions of this section shall be guilty t'^"^ ™'s^^'"^^"*^'^-
of a misdemeanor and shall be fined not less than fifty dollars Punishment,
nor more than one hundred dollars, iu the discretion of the
court."
Sec. 2. That section two thousand four hundred and thirty- Dutch or pound
nine of the Revisal of one thousand nine hundred and five be sourid\nd ^'"^'^^^
amended by leaving out, in line thirteen, the words "in a due tributaries.
north and south course'' and inserting in lieu thereof the words
"at right angles to the shore," and by leaving out, beginning in
line twenty-one, "to be recovered," and ending with "of the viola-
tors," in line twenty-five.
Sec. 3. That section two thousand four hundred and forty of
the Revisal of one thousand nine hundred and five be amended
by striking out the section and inserting the following in lieu
thereof: "If any person shall set or fish any net, seine or ap- Nets in vicinity of
,. „ , . , £ ^ X ■ (, i i. , -4.1 • 1- Roanoke marshes
phance of any kind for catching fish at any place within a radius lighthouse, Roan-
of two and one-half miles either way from Roanoke Marshes croatan^and"*^
lighthouse, at a distance more than five hundred yards from the Pamlico sounds.
900 1909— Chapter 540.
shore of Roanoke Island or the mainland on the western side
of Croatan and Pamlico sounds, except that on the western side
of Pamlico and Croatan sounds tishiuf? shall be permitted in that
territory extending one thousand yards from the shore, beginning
at the two-and-oue-half-mile limit heretofore defined and extend-
ing to the southern end of the Roanoke Marshes, on the Pamlico
Sound side, and to the north end of the same marshes on the
Croatan side, but in neither case shall the nets within this one-
thousand-yard limit be within one and one-quarter miles in any
direction from the Roanoke Marshes lighthouse; or shall set or
fish any pound or dutch net on the eastern side of Pamlico Sound
within ten miles of the Roanoke Marshes lighthouse, except such
as shall be fished within one thousand yards of Roanoke Island
or Hog Island shores ; or shall set or fish any dutch or pound net
on the eastern side of Pamlico Sound more than two thousand
yards west of a line running south-southeast (magnetic) from
Big Island to a point on the twelve-foot curve westerly of Chica-
macomico or south of said point more than two thousand yards
from the twelve-foot curve, as marked on the chart of the Coast
and Geodetic Survey, corrected from data obtained to November
twenty-second, one thousand nine hundred and four ; or shall set
or fish any dutch or pound net on the west side of Pamlico Sound,
in said sound, extending into the water more than two thousand
yards from the shore; or shall set or fish any pound or dutch net
in Croatan Sound further from the shore than one-fifth of the
Restricted area in width of said sound at that point ; or shall set or fish any net,
and Chowan river, seine or appliance of any kind for catching fish at any place
within the area of one-sixth the width of the sound or river
on either side of a line passing through the middle of the chan-
nel of Croatan Sound and the middle of Albemarle Sound, up
Chowan River as far as Cannon's ferry, and other tributaries of
Albemarle Sound (provided, this clause does not apply to seines
used on the rivers) ; or shall set or fish any pound or dutch net
in the Albemarle Sound more than two thousand yards from the
shore of the mainland, or in Chowan River further from the
shore than one-third of the width of said river, at the place where
said nets are fished or set, or within one-fourth mile of any wharf
Restricted areas in used by a steamer on said river ; or shall set or fish any net
New and Hatteras o'' appliance of any kind for catching fish within one mile on
*'^®*^- either side of a line running westerly or southwesterly from the
center of New Inlet to an intersection with the line extending from
Big Island southwest (magnetic), or within one mile on either
side of a line running westerly or southwesterly from the center
of Oregon Inlet to a point two thousand yards west of the con-
tinuation of the said line running from Big Island south-south-
east (magnetic), or within one mile on either side of a line
six miles long running from the center of Hatteras Inlet in a
northwesterly direction, these restricted areas to include the chan-
1909 — Chapter 540. 901
uels extending from Oregon, New and Hatteras inlets, resr)ec-
tively. he shall be guilty of a misdemeanor and be fined not less
than fifty dollars or imprisoned not less than thirty days, in the
discretion of the court. The provisions of this section shall apply Time of
only to that part of each year in which shad and herring fishing ^'^^ '^'^ ^°°^'
are permitted by law in the several waters, except that in Albe-
marle and Croatan sounds the provisions of this section shall ap-
ply for the entire year, as far as it relates to pound nets. The Fish commls-
fish commissioner is authorized, in determining the boundaries of rrdne^boundades.
the restricted areas on either side of Roanoke Marshes, to run
straight lines from the stake two thousand yards from the shore
in the two-aud-oue-half-mile radius from Roanoke Marshes light-
house to the stake five hundred yards eastward from the point
of Roanoke Marshes, and shall run straight lines from the stake
one-fifth the width of Croatan Sound in the two-and-one-half-
mile radius from Roanoke Marshes lighthouse south to the stake
five hundred yards from the eastward point of Roanoke Marshes ;
that the boundary lines marking the restricted areas in these
sounds shall be run in straight lines from stake to stake, located
at certain points, but said stakes not to be in any case more
than three miles apart. The places of trial for offenses under
this section shall be the county opposite where the act was com-
mitted.
Sec. 4. That chapter nine hundred and forty-eight of the Laws
of one thousand nine hundred and seven be amended by inserting
at the end of section four the following: "Provided, that this Time of
chapter shall only apply to that part of the year beginning Jan- restriction,
uary fifteenth and ending May fifteenth."
Sec. 5. That chapter nine hundred and seventy-seven be amended
by adding to section seven the following: "Provided, that permits Proviso: permits
to take fish as aforesaid will not be valid unless signed by the *° ^^'^^ ^®'^-
Commissioner of the United States Bureau of Fisheries -and the
Fish Commissioner of the State."
Sec. 6. Amend section eleven, chapter nine hundred and seventy- License to fish.
seven, Public Laws of one thousand nine hundred and seven, by
inserting the words "for commercial purposes" between the word
"fishing," in line two, and the word "in," in line three, and by
inserting the words "within thirty days" between the word "pay,"
in line seven, and the word "to," in line eight, and by striking Fee for issuing
out the words "and an additional fee of twenty-five cents for ^'<^^"^^ '^^°''^'^®'^-
issuing said license and receiving said tax." Amend section sheriff's com-
thirteen. chapter nine hundred and seventy-seven, Public Laws of missions,
one thousand nine hundred and seven, by adding after the word
"month," at the end of said section, the words "less five per cent
commissions for collections."
Sec. 7. This act shall be in force from and after its ratifica-
tion.
Ratifietl this the ."jth day of March, A. D. 1009.
902
1909 — Chapter 541 — 542.
CHAPTER 541.
AX ACT TO PliOIIIBIT THE ILLEGAL SALE OF LIQUOR IX
BURKE COUXTY.
Keeping liquor
for sale a mis-
demeanor.
Possession of
more than 2i
gallons prima
facie evidence of
keeping for sale.
Proviso: excep-
tions.
The General Assembly of Nortli^ Carolina do enact:
Section 1. That if any person, firm, company or corporation,
other than dnly licensed druggists carrying on business accord-
ing to law, shall keep for sale, bargain, barter, exchange or dis-
position, for gain, any spirituous, vinous or malt liquors or in-
toxicating bitters within any city, town or township within the
county of Burke, he or it shall be guilty of a misdemeanor.
kSec. 2. That if any person, company, firm or corporation, other
than duly licensed druggists, as mentioned in the preceding sec-
tion, shall keep in his or its possession or under his or its control
any spirituous, vinous or malt liquors or intoxicating bitters to the
quantity of more than two and one-half gallons, within any city,
town or township in the county of Burke, it shall be prima facie
evidence of his or its keeping such liquors or bitters for sale,
within the meaning of this act : Provided, section two of this act
shall not apply to the State Hospital, the School for the Deaf,
Broad Oaks Sanatorium or Grace Hospital, in said county, when
so held or keitt in excess of two and one-half gallons for medical
purposes.
Sec. 3. That this act shall be in force from and after its
ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 542.
AX ACT TO REGULATE PAYMEXT OF JURORS IX HEXDER-
SOX COUXTY.
Regular jurors.
Talesmen.
Special venire-
men.
Application of
act.
The General Assembly of North Carolina do enact:
Section 1. That all regular jurors drawn and summoned and
not relieved from service shall i-eceive one dollar and fifty cents
per day and no mileage, and all talesmen who are summoned
and serve shall receive one dollar per day, without mileage; all
\eniremen who ai-e summoned and serve shall receive one dollar
and fifty cents per day and no mileage, and all veniremen who
are summoned and appear, but do not serA^e. shall receive one dol-
lar per day for one day only, and no mileage.
Sec. 2. That this act shall apply to Henderson County only.
Sec. 3. That all laws in conflict herewith are repealed.
Sec. 4. That this act shall be in force from and after the date
of its ratification.
Ratified this the 5th day of March. A. D. 1909.
1909— Chapter 543—544. 903
CHAPTER 543.
AN ACT TO REGULATE THE HUNTING OF QUAIL, PAR-
TRIDGES, WILD TURKEYS AND OTHER GAME BIRDS IN
ORANGE COUNTY.
llie General AsseinWy of JS^ortlt Carolina do enact:
Section 1. That it shall be unlawful to hunt with guu or dogs. Close season,
net. trap or otherwise catch or kill any quail, partridges, wild
turkeys or other game birds in the county of Orange between the
first day of February and the thirtieth day of November in any
year.
Sec. 2. That all owners of bird dogs shall be required to con- Bird dogs to be
fine them and not allow said bird dogs to run at large during the ^°^ '
months of May, June, July and August in each year.
Sec. 3. That any person or persons violating the provisions of Misdemeanor.
this act shall be guilty of a misdemeanor and fined or imprisoned, Punishment.
or both, in the discretion of the court.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 544.
AN ACT FOR THE RELIEF OF S. A. CHOATE, EX-SHERIFF
OF ALLEGHANY COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That S. A. Choate, ex-Sheriff of Alleghany County, Collection of
be and he is hereby authorized to collect all arrearages of taxes fzed^"^^ ^"
for said county for the years one thousand nine hundred and five Years.
and one thousand nine hundred and six, under same rules and
regulations now provided by law for the collection of taxes for
said county.
Sec. 2. That no person shall be compelled to pay anj' tax under persons not com-
this act who holds a sheriff's tax receipt for said tax or who shall Pelled to pay.
make affidavit that said tax has been paid, nor shall any pur-
chaser for value or mortgagee without notice of such arrearages of
taxes due on the land be compelled to pay any arrears of tax
under this act.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
904
1909— Chapter 545—546.
CHAPTER 545.
AN ACT TO REGULATE THE PAY OF THE BOARD OF
EDUCATION OF DURHAM COUNTY.
Per diem.
Mileage.
Proviso: limit.
When act
effective.
The General Assembly of 'North Carolina do enact:
Section 1. That each member oi: the Board of Educatittn of
Durham County shall receive three dollars ($3) per day for
services rendered the schools of said county, and mileage to and
from place of meeting at the rate of five cents per mile : Pro-
vided, that no member of said board shall receive pay for more
than thirty days' services during any school year.
Sec. 2. That all lavi^s and clauses of laws in conflict with this
act are hereby repealed.
Sec. 3. That this act shall be in force from and after the first
day of July, one thousand nine hundred and nine.
Ratified this the 5th day of March, A. D. 1009.
CHAPTER 546.
AN ACT TO ALLOW THE REGISTER OF DEEDS OF PER-
SON COUNTY TO APPOINT A DEPUTY.
Appointment
authorized.
Qualifications
of deputy.
Deputy to be
sworn.
Term of office.
Record of
appointment.
Copy to clerk of
superior court.
Record by clerk
of court.
Revocation of
appointment.
Certified copies
-evidence.
The General Assembly of North Carolina do enact:
Section 1. That the Register of Deeds for Person County may
appoint a deputy register of deeds, whose qualifications shall be
the same as are required for the register of deeds, and who shall
take and subscribe the oath prescribed for the register of deeds,
and who shall continue in ottice during the term of the register of
deeds making the appointment, unless removed by said register of
deeds, or otherwise, according to law.
Sec. 2. That said register of deeds of said county shall, upon
making such appointment, make a record of the same, showing
the name of the appointee and the date of his appointment; and
he shall deliver a copy or transcript of such record to the clerk of
the Superior Court of said county, whose duty it shall be to make
a record of the same, with proper index. Whenever such deputy
register of deeds shall resign or be removed from ofiice the register
of deeds by whom he was appointed shall write on the margin
opposite the record of his appointment in his ofiice and in the clerk
of the Superior Court's office the word "Revoked." giving the date,
and sign his name thereto. A duly certified copy of such appoint-
ment or such revocation, under the hand and official seal of the
register of deeds of said county, shall be deemed prima facie
evidence of such appointment or such revocation, and shall be
admitted as evidence in all the courts of the State.
1909 — Chapter 546 — 547.
905
Sec 3 That the said deputy register of deeds shall have full Powers of deputy,
power to perform the duties of the office of register of deeds of
said county aud to do any and all official acts pertaining to said
office that the register of deeds is required or empowered by law
to do, and he shall in all respects be subject to same laws aud
penalties to which the register of deeds is subject.
Sec 4. That the register of deeds shall be deemed cognizant of Responsibihty of
aud held responsible for all official acts of any deputy register of
deeds so appointed by him.
Sec 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 547.
AN ACT AUTHORIZING USE OF A PORTION OF THE DIS-
PENSARY FUND NOW IN THE HANDS OF THE COUNTY
TRE\SURER OF JONES COUNTY TO REPAIR. ETC., THE
PUBLIC-SCHOOL BUILDING IN No. 1 SCHOOL DISTRICT,
IN TRENTON TOWNSHIP.
The General AssemUy of North Carolina do enact:
Section 1. That chapter two hundred aud seveuty-one of the
Public Laws of one thousand nine hundred and seveu be amended
by adding after section three of chapter two hundred and seventy-
one another section, as follows :
"Sec. 4. That the Treasurer of Jones County is hereby author- ^^^PPrf^mt^^^Jor
ized and directed to pay, upon the order of the school committee
of District Number One, white, in Trenton Township, Jones
County, North Carolina, when properly countersigned by the
county superintendent of public schools for said county, a sufficient
amount out of the dispensary funds in his hands belonging to this
district for the purpose of repairing, painting and equipping with
desks the public-school building in said district used for the
white race : Provided, the amount expended for said purpose shall Proviso: limit,
not exceed eight hundred dollars (ifSOO)."
Sec. 2. That all laws and clauses of laws in conflict with the
above section are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1900.
906 1909— Chaptek 548—549.
CHAPTER 548.
AN ACT TO ADD POCKET TOWNSHIP TO GREENWOOD AND
DEEP RIVER TOWNSHIPS, IN MOORE COUNTY.
Tltc General Asseinhly of North Carolina do enact:
Territory added Section 1. That the following-described territory in Pocket
of Greenwood ^ Townshii), Moore County, be and it is hereby added to Greenwood
township. Township, iu said county, and is made a part of said Greenwood
Township, to-wit : Beginning at the northeast corner of Green-
wood Township, in the line of Lee County and said Pocliet Town-
ship, and running thence in a northerly direction with the Lee
County line to where the north line of B. D. Caviness' land in-
tersects with the Lee County line; thence iu a due west course to
the line of Deep River Township, iu Big Governor's Creek ; thence
with Big Governor's Creek to the Carthage Township line; thence
in an easterly direction with the Carthage Township line and the
Greenwood Township line to the beginning.
Territory added Sec. 2. That the remaining portion of Pocket Township situate
of Deep"rtver^^^* ^^ Moore County after the creation of Lee County be and the
township. same is hereby added to Deep River Township and shall become
a portion of said township.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 549.
AN ACT TO PREVENT THE FLOATING OF SAWDUST IN
THE STREAMS OF CHATHAM COUNTY.
The General Assemhly of North Carolina do enact:
Floating sawdust SECTION 1. That it shall be unlawful for any person or persons,
running into Cape fii'iQ or corporation operating any sawmill in Chatham County to
bfdden '^'^ ^°^' ^^^* ^^^ sawdust or cause to be floated or carried any sawdust
from such mill or mills in or into any creek or branch in said
county that runs or empties into Cape Fear River, in said county.
Misdemeanor. Sec 2. Any person or persons or corporation violating this act
Punishment. shall be guilty of a misdemeanor, and upon conviction shall be
fined or imprisoned in the discretion of the court for each offense.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
1909— Chapter 550—551—552. 907
CHAPTER 550.
AX ACT TO AMEND SECTIONS OF THE EEVISAL OF 1UU5.
The General Assenibly of isiorth Carolina do enact:
Section 1. That sections two thousand and one, three thousand Sections extended
three hundred and sixteen, three thousand three hundred and county,
sixty-six, three thousand three hundred and sixty-seven and three
thousand eight hundred and three of the Revisal of one thousand
nine hundred and five be amended by making said sections apply
to Carteret County.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Katified this the 5th day of March. A. D. 190r).
CHAPTER 551.
AN ACT FOR THE PROTECTION OF QUAIL AND PAR-
TRIDGES IN FORSYTH COUNTY.
The General Assembly of North Carolina do enact:
Section 1. The close season or time in each year during which Close season.
quail and partridges shall not be shot, killed, wounded or in any
manner hunted, taken or captured in Forsyth County, shall be
from the first day of January to the twentieth day of November.
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 190rt.
CHAPTER 552.
AN ACT RELATING TO FEES OF JURORS AND WITNESSES
IN WAKE COUNTY.
77(6 General Assembly of North Carolina do enact:
Section 1. That all regular jurors in Wake County shall re- Regular jurors.
ceive two dollars per day and mileage at the rate of five cents
per mile, and all tales jurors shall receive one dollar and fifty Tales jurors.
cents per day: Provided, that all jurors summoned on special Proviso: special
veniremen,
venires shall receive one dollar and a half a day and mileage.
unless they act as jurors, in which event they shall receive two
dollars per day and mileage.
k
908
1909— Chapter §52— 553.
Fees unclaimed to
be turned over to
county fund.
Application of
act.
Sec. 2. That all moneys due jurors and witnesses which shall
remain in the hands of the Clerk of the Superior Court of Wake
County on the first day of January, after the publication of the
third annual report of the said clerk showing the same, shall be
turned over to the treasurer of said county for the use of the
county fund, and it shall be the duty of said clerk to indicate
in his report any moneys so held by him for a period embracing
the two annual reports.
Sec. 3. This act shall apply only to "Wake County.
Sec 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 553.
AN ACT TO PROVIDE A LEGALIZED PRIMARY ELECTION
FOR CLEVELAND COUNTY.
Candidates to lie
nominated by
primary.
Offering tictcet not
so nominated a
misdemeanor.
Punishment.
Proviso: scratch-
ing tickets.
Date for primary.
Registrar and
judges.
Advertisement.
The General Assembly of North Carolina do enact:
Section 1. That every political party, organization or associa-
tion in Cleveland County naming or running a ticket for election
at the general elections held every two years for the election of
county oflicers and members of the General Assembly shall nom-
inate its candidate on said ticket for those respective ofiices in
the manner herein provided, and in no other way; and any
political party, organization or association, or its agents, rep-
resentatives or managers, offering a ticket for the purpose of
having it voted by the electors at such general election for the
said county officers and members of the General Assembly not
nominated as herein provided shall be guilty of a misdemeanor,
and for each and every offense shall be subject to a fine of not
exceeding fifty dollars or imprisonment not exceeding thirty
days : Provided, that nothing herein contained shall prevent any
elector from changing, modifying, substituting or eliminating any
part of his ticket in accordance with his own wishes, in the
event that he has not bound himself otherwise by participating
in the regularly held primary of some political party or organiza-
tion or association.
Sec. 2. That the county executive committee or other governing
body of every political party or organization or association desiring
to run a county or legislative ticket in Cleveland County shall
meet and fix a date for said primary and appoint a registrar
and two judges for each voting precinct in the county, and pro-
vide rules and regulations for the holding of said primary, not
inconsistent with this act, and notice shall be given through
some newspaper published in said county of the date of said
1909— Chapter 553. 909
primary for at least thirty days before same is held. Said notice
shall also give the date of the opening and closing of the regis-
tration books for said primary, the opening and closing of the
polls at said primary, together with the requirements for partici-
pation therein. The rules and regulations prescribed shall con- Rules aiul regu-
tain a requirement that every voter in the primary must have
duly registered for said primary before the books closed, and
bound himself to support all the nominees of the primary, and
that no man shall vote in said primary who is not a qualified
voter or will not become a qualified voter before the succeeding
general election in November.
Sec. 3. That said countv executive committee or governing body Entrance fee
„ . -, , ... . .. T ,1 • i. from candidates.
of said party, organization or association shall require an entrance
fee to be paid by each candidate for the various offices, according
to the nature and emoluments of the office for which he is a
candidate, and the said sums so received from the various can-
didates shall be used to defray the necessary expenses of regis-
tration and holding the primary, including the printing of tickets
for the candidates. Every candidate entering his name for any Pledges from
office shall, in addition to paying the entrance fee. sign a pledge
to conduct a decent campaign, not to use whiskey or money in
buying votes, directly or indirectly, nor to practice any fraud to
secure votes, and to abide the result of the primary and loyally
support all of its nominees. Said executive committee or governing Candidates for
board shall also have power to provide that all candidates for be voted on^. '"^^
State, congressional and judicial offices shall be voted for in
Cleveland County in the same manner as the candidates for the
county offices and members of the General Assembly, as herein
provided.
Sec. 4. That before entering upon the discharge of their duties Registrar and
the registrars and judges selected to conduct the pi'imary election {^ qualify!^ ection
of any party, organization or association, as above provided, shall
take an oath that he will fairly, impartially and honestly conduct
the same, according to the provisions of this act and the rules and
regulations of such party, oi'ganization or association not incon-
sistent herewith. Should one or more of the officers appointed Vacancies,
to hold such election fail to appear on the day of election, the
remaining officers shall appoint others in their stead and ad-
minister to them the oath herein prescribed. The officers shall
take the oath herein prescribed before a notary public or other
officer authorized to administer oaths, but if no such officer is
present the registrars may administer the oaths to the judges.
Before any ballots are received at such election, and immediately Ballot boxes to
before opening the polls, such managers shall open each ballot box exWhHed. ^"
to be used in such election and exhibit the same publicly to show
that there are no ballots in such box. They shall then close
and lock or seal up such box, except the opening to receive the
910
1909— Chapter 553.
Registration
books.
Voters challenged
to be sworn.
Count of vote and
declaration of
result.
Returns.
Party registra-
tion.
Majority of votes
required to
nominate.
Second primary.
Proviso: can-
didates at second
primary.
Violation of duty
by officers a
misdemeanor.
Punishment.
Fraud or cor-
ruption a mis-
demeanor.
Punishment.
False swearing or
impersonation
perjury.
Officers to per-
form duties.
ballots, aucl shall not again open same until the close of the
election. They shall have the primary registration books, with
the name of each voter qualified to vote in such election, and shall,
before receiving any ballot, ascertain from the registrar if the
voter is duly registered and qualified to vote, according to the
rules of the party. Any voter who may be challenged shall be
sworn and examined, under oath, touching his competency to
vote in said primary and as to abiding the result thereof. At
the close of the election they shall proceed publicly to count the
votes and declare the result, and transmit such certificate, with
the registration books and all other papers relating to such elec-
tion, within the time prescribed and to the person or persons
designated by the rules of the party, organization or association
holding such election. There shall be a party registration of voters,
under regulations to be prescribed by the rules of the party, and
the qualifications for voting in the primary elections so held shall
be the same as for the general election, and in addition to this
the obligation to support the nominees of the party, organization or
association in whose primary the voter may participate.
Sec. 5. That no candidate shall be declared the nominee of anj-
party, organization or association for any office unless he shall
receive a majority of the votes cast in said primary for said of-
fice ; and in the event that no candidate receives a majority of
the votes cast for any office in the first primary, then a second
primary shall be held within two weeks from the first one, under
the same rules and regulations as the first primary, unless one of
the opposing candidates should voluntarily withdraw from the
race in the meantime : Provided, that only the two candidates
receiving the highest number of votes for the respective offices in
the first primary shall be eligible as candidates in the second
primary.
Sec. (). Any officer who shall be guilty of willfully violating
any of the duties devolved upon such position hereunder shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine not to exceed one hundred dollars or imprison-
ment not to exceed six months ; and any otficer who shall be guilty
of fraud or corruption in the management of such election shall
be guilty of a misdemeanor, and upon conviction thereof shall be
fined in a sum not to exceed five hundred dollars or imprisoned
for a term not to exceed twelve months, or both, in the discretion
of the court.
Sec 7. Any voter who shall swear falsely in taking the pre-
scribed oath or shall personate another person and take the oath
in his name, in order to vote, shall be guilty of perjury and be
punished upon conviction as for perjury.
Sec. S. It shall be the duty of any person who may be ap-
pointed by his party in any capacity, and accepts the appointment,
to perform faithfully the duties of such appointment; and it shall
1909— Chapter 553 — 554. 911
be the duty of auy delegate in auy coi^veution assembled for the Delegates to
purpose of naming candidates who are to be voted for by the of "arty.'^ choice
people to faithfully carry out the choice of his party, when ascer-
tained and declared, as provided for by this act. and any such per- Failure or refusal
son or delegate who shall willfully fail or refuse to perform such misdemeanor! ^ ^
duty shall be guilty of a misdemeanor, cognizable in the county
of his residence.
Sec. 9. If any voter having participated in one party primary Voting at primary
shall vote or attempt to vote in a different party primary elec- parTyfraudulent^
tion held for a similar purpose during the same political campaign,
he shall be guilty of fraudulent voting, and on conviction shall be Punisliment.
punished in the same manner and to the same extent as if he had
voted illegally in a general election; and if any voter, having Repeating a
.',. . li. ,,, i j.i ii i. misdemeanor.
voted once in his primary election, shall vote or attempt to vote
a second time in the same election, at the same or at a different
poll, he shall be guilty of a misdemeanor and shall be fined not Punisiiment.
less than ten dollars and not more than fifty dollars for each
offense.
Sec. 10. If any per.son shall attempt to influence the vote of Attempt to influ-
6nc6 vote bv
another by the use of intoxicating liquors, or shall bribe or otter ijquor and bribery
to bribe any voter by a promise of anything as a reward to be 2^°(fL*i^ganors^^
delivered or a service to be performed, prior to, at the time or
subsequent to the primary, he shall be guilty of a misdemeanor.
and on conviction shall be fined not less than twenty-five dollars Punishment.
nor more than five hundred dollars : Provided, that the service Proviso: service
referred to in line four of section ten of this act shall not include p^uwic'may^be^'^^
any public service promised for the good of the general public, rewarded.
Sec. 11. That this act shall apply only to Cleveland County. Application of
Sec. 12. That this act shall be in force from and after its ratifi-
< a tion.
Katified this the .>th day of March. A. D. lOOi).
CHAPTER 554.
AX ACT TO PROVIDE FOR THE INSPECTION OF ILLUMI-
NATING OILS AND FLUIDS.
The General Asfiembly of IS'orth Carolina do enact:
Section 1. That all kerosene or other illuminating oils sold or Oils .subject to
offered for sale in this State for illuminating purposes shall be sub- test*.^^
ject to inspection and test to determine the safety and value for
illuminating purposes. All manufacturers, wholesalers and job- Statement to be
bers, before selling or offering for sale in this State any kerosene
or other oil for illuminating purposes, shall file with the Commis-
sioner of Agriculture a statement that they desii-e to do business
912
1909 — Chapter 554.
Power to collect
and analyze
samples.
Rules and regu-
lations.
Standards.
Appointment of
inspectors.
Salary.
Inspectors to
qualify.
Examination of
vessels containing
oil.
Collection and
test of samples.
Tax on oils.
Vessels containing
oil to be stamped.
Form of tags.
Notice of ship-
ments.
Oil inspection
fund.
in the State, and furuisli*the name or brand of the oil or oils
which it is desired to sell, with the name and address of the
manufacturer, and that the oil or oils will comply with the re-
quirements of this act. The Department of Agriculture shall have
power at all times and at all places to have collected samples of
any illuminating oils offered for sale, and have the same analyzed.
The inspection of oils, as authorized in this act, shall be under the
direction of the Board of Agriculture, which is authorized to make
all necessary rules and regulations for the inspection of such
oils and to adopt standards as to safety, purity or absence from
objectionable substances and luminosity when not in conflict with
the provisions of this act and which they may deem necessary
to provide the people of the State with satisfactory illuminating
oil.
Sec. 2. The Board of Agriculture shall appoint such number
of oil inspectors as will be necessary, not exceeding one for each
congressional district, whose compensation shall be fixed by the
Board of Agriculture, not to exceed one thousand dollars and ex-
penses each per annum. Each inspector, before entering upon
his duties, shall take an oath of office before some person author-
ized to administer oaths. The inspector shall have power to
examine all barrels, tanks or other vessels containing kerosene
or other illuminating oils, to see that they are properly tagged
as required in this act, and they shall, as directed, collect and
test samples of oil offered for sale in different sections of the
State, and when instructed collect and send samples to the De-
partment of Agriculture for examination.
Sec. 3. For the purpose of defraying expenses connected with
the inspection, testing and analyzing oils in this State, there shall
be paid to the Commissioner of Agriculture a charge of one-half
cent per gallon, which payment shall be made before delivery to
agents, dealers or consumers in this State. Each barrel, tank,
tank car or other container of oil shall have attached thereto a
tag or stamp stating that all charges specified in this section
have been paid ; and the Commissioner of Agriculture, with the
advice and consent of the board, is hereby empowered to prescribe
a form for such tags : Provided, that they shall be such as to
meet the requirements of the trade in oils, and to adopt such
rules and regulations as will insure the enforcement of this law.
Where oil is shipped in tank cars or other larger containers, the
manufacturer or jobber shall give notice to the Commissioner
of Agriculture of every shipment, with the name and address of
the person, company or corporation to whom it is sent, and the
number of gallons, on the day the shipment is made.
Sec. 4. All moneys received under the provisions of this act
shall be paid into the State Treasury and kept as a distinct fund,
to be styled "the oil inspection fund." All checks or orders in
1909 — Chapter 554. 913
payment for tags or stamps shall be made payable to the State
Treasurer. The Commissioner of Agricailture is authorized to Warrants for
draw out of said fund, upon his warrants, such sums as may expenses.*^
be necessary to pay all expenses incurred in connection with this
act, including salary of oil chemist or chemists, cost of inspection,
tags, blanks, etc.
Sec. 5. The State Treasurer shall, on the first day of June and Surplus to
December each year, turn into the general fund of the State all ^^'^^^^1 f*^'^^-
moneys of the oil fund in his hands in excess of the amount
drawn out by the Commissioner of Agriculture for expenses.
Sec. 6. The Commissioner of Agriculture shall include in his Report to general
report to the General Assembly an account of the operations and assembly.
expenses under this act.
Sec. 7. Whenever a complaint is made to the Department of Tests for safety
Agriculture in regard to the illuminating qualities of any oil ^'^ umuiosi y.
sold in this State the commissioner shall cause a sample of said
oil or oils complained of to be procured and have the same
thoroughly analyzed and tested as to safety and illuminating
qualities. If such analysis or other tests shall show that the oil Sale of oil for-
is either unsafe or of inferior illuminating quality, its sale shall ^''i'^'^'^-
be forbidden and report of the i-esult or results be sent to the
party making the complaint and to the manufacturer of said
oil.
Sec. 8. Every person who shall fraudulently brand or stamp Acts declared
any package or barrel or other vessel, or use a stamp a second misdemeanors,
time, or keep any kerosene or other illuminating oil not marked
and branded in accordance with the regulations of the Board of
Agriculture, or violate any other provision of this act or any
regulation adopted by the Board of Agriculture for its enforce-
ment, shall be guilty of a misdemeanor and fined not less than Punishment,
two hundred dollars ($200) for each offense nor more than one
thousand dollars ($1,000).
Sec. 9. If any person, manufacturer or dealer shall sell or of- Sale or offer of oil
fer for sale in this State any of said illuminating oils and fluids misdemlanor.
before first having the same labeled and tagged as required by
the regulations adopted by the Board of Agriculture, he shall be
guilty of a misdemeanor and on conviction be fined not exceeding Punisliment.
three hundred dollars ($300). and the said oils and fluids be
forfeited and sold, and the proceeds thereof go to the common
school fund of the State. If any manufacturer or dealer of Punishment for
said illuminating oils or fluids shall, with intent to deceive or eJ.a^siLm-"of label
defraud, alter or erase the label or tag to indicate a different
flash test, gravity or quantity than is indicated by the label or
stamp attached to the vessel, he shall on conviction be fined not
exceeding fifty dollars ($50) for every such offense.
Pub.— 58
914
1909— Chapter 554—555.
Inspector inter- Sec. 10. Any inspector who, while in oflace, shall be interested,
ested in manu- ■,■ ,, ■-,■.,. j_, „ ,
facture or vending directly or indirectly, m the manufacture or vending of any of
PunTshmenr'^^'^' ^^^ Illuminating oils, shall be guilty of a misdemeanor, and on
conviction shall be fined not less than three hundred dollars
($300).
Sec. 11. All prosecutions for fines and penalties under the pro-
visions of this act shall be by indictment in a court of competent
jurisdiction.
Sec. 12. The provisions of this act shall not apply to the retail
dealer in oils unless such retail dealer shall sell or offer to sell
oils of a manufacturer, wholesaler or jobber who refuses to com-
ply with the provisions of this act.
Sec. 13. This act shall be in force from and after July first,
one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. 1909.
Prosecutions.
Retail dealers.
When act
effective.
CHAPTER 555.
AN ACT TO PROVIDE FOR STANDARD-WEIGHT PACKAGES
OF MEAL AND FLOUR AND TO PREVENT THE SALE OF
SAME IN SHORT-WEIGHT PACKAGES.
Standard weight.
Lawful packages
of meal.
Weight stated on
outside of pack-
age.
Lawful packages
of flour.
Proviso: sales at
retail by actual
weight and
measure.
Board of agri-
culture to make
inspections.
Certificates to
solicitors.
The General Assembly of North Carolina do enact:
Section 1. The standard weight of a bushel of corn meal,
whether bolted or unbolted, shall be forty-eight (48) pounds.
Sec. 2. It shall be unlawful for any person or persons to pack
for sale, sell or offer for sale in this State corn meal, except in
packages containing by standard weight one-eighth bushel, one-
fourth bushel, one-half bushel, one bushel, one and one-half
bushels or two bushels. The weight of the meal and whether
the same is bolted or unbolted shall be plainly stated on the out-
side of the package.
Sec. 3. It shall be unlawful for any person or persons to pack
for sale, sell or offer for sale in this State flour, except in packages
containing by standard weight twelve pounds, twenty-four pounds,
forty-eight pounds, ninety-eight pounds or one hundred and ninety-
six pounds of flour, with the weight plainly stated on the outside
of the package: Provided, that sections one and two of the act
shall not apply to the retailing of meal or flour direct to customers
from bulk, when the same is priced and delivered by actual
weight or measure.
Sec. 4. The Board of Agriculture shall cause to be made from
time to time, under rules and regulations to be prescribed by
them in accordance with section six of this act. such inspections
or examinations as may be necessary to determine whether the
provisions of this act have been violated. If it shall appear from
1909 — Chaptek 555 — 556. 915
such iusyectiou or examiuation that any of the provisious of this
act have been violated, the Commissiouer of Agriculture shall
certify the fact to the solicitor in the district in which the viola-
tion was committed, and furnish that officer with the facts in the
case, duly authenticated by the inspector, under oath, who made
the examination.
Sec. 5. Any person or persons violating any provision of this ^ol^^^^^oij^'t a
act shall be deemed guilty of a misdemeanor, and upon conviction punishment,
thereof shall be punished by fine or imprisonment in the discretion
of the court, and the meal or flour offered for sale in violation Me^al^or fl^our.^^^^_
of this act shall be subject to seizure, condemnation and sale
by the Commissioner of Agriculture, as is provided for the seizure,
condemnation and sale of commercial fertilizers; and the pro-
ceeds thereof, if sold, less the legal costs and charges, shall be
paid mto the treasury for the use of the Department of Agricul- Provis-^^rdease in
ture in executing the provisions of this act : Provided, that the commissioner of
Commissiouer of Agriculture may in his discretion order the re- agriculture.
lease of the meal or flour seized when the owner of same shall
offer to pack it in accordance with the provisions of sections one
and two of the act and it shall appear to the satisfaction of the
commissioner that said owner did not intend to violate the pro-
visions of the law.
Sec. G. The Board of Agricultijre shall have authority to make R^es^and^
uniform rules and regulations for carrying out the provisions of
this act.
Sec. 7. The provisious of this act shall not apply to meal or Meal and flour on
flour on hand at the time of the passage of this act.
Sec. 8. Except as provided in section seven, this act shall be when act
in force from and after April first, one thousand nine hundred and effective.
nine.
Sec. 9. All laws or clauses of laws in conflict with this act are
hereby repealed.
Ratifietl this the Sth day of March, A. D. 1000.
CHAPTER 556.
AN ACT TO REGULATE THE REGISTKATION AND SALE OF
CONDLMENTAL, PATENTED, PROPRIETARY OR TRADE-
MARKED STOCK OR POULTRY TONICS, REGULATORS OR
CONDITIONERS.
The General Assembly of North Carolina do enact:
Section 1. That before any condimental, patented, proprietary S^aJ^^men^^jl^f^g
or trade-marked "stock or poultry tonic," "stock or poultry regula- to be filed with
tor," "stock or poultry conditioner," or any similar preparation, ^o^™ftu°e""'' "^
regardless of the specific name or title under which it is sold,
916
1909— Chapter 556.
which is represented as coutainiug "tonic," "remedial" or other
"medicinal" properties, either is sold, offered or exposed for sale
in the State, the manufacturer, importer, dealer, agent or person
who causes it to be sold or offered for sale, by sample or other-
wise, within this State shall file with the Commissioner of Agricul-
ture a statement that he desires to offer such "stock or poultry
tonic," "stock or poultry regulator," "stock or poultry conditioner"
or similar preparation for sale in this State, and also a certificate,
the execution of which shall be sworn to before a notary public
or other proper official, for registration, stating the name of the
manufacturer, the location of the principal office of the manufac-
turer, and the name, brand or trade-mark under which the said
Guaranty. preparation or preparations will be sold, together with the guar-
anty that said preparation or preparations are not injurious to
the health of domestic animals and that they do not conflict
with the drug requirements of the North Carolina Food and
Drug Act, and that the name or trade-mark under which the
article is sold shall not mislead or deceive the purchaser in any
way; also, that any statement, design or device on the. label
or package regarding the substances contained therein shall be
true and correct, and any claim made for the feeding, condimental,
tonic or medicinal value shall not be false or misleading in any
particular, and file with the Commissioner of Agriculture a labeled
package of each brand of goods, showing claims made for same,
which labeling and claims shall not be changed during the fiscal
year for which registration is made without the consent of the
Commissioner of Agriculture.
Sec. 2. For the expense incurred in registering, inspecting and
analyzing "stock or poultry tonics," "stock or poultry regulators,"
"stock or poultry conditioners" and similar preparations defined
in section one a registration fee of twenty dollars ($20) for
each separate brand shall be paid by the manufacturers or sellers
of same to the Commissioner of Agriculture during the month
of July, one thousand nine hundred amd nine, and during the
month of January in each succeeding year, said fees to be used
by the Commissioner of Agriculture for executing the provisions of
this act.
Sec. 3. Any person, company, corporation or agent that shall
offer for sale or expose for sale any package or sample or any
quantity of any condimental, patented, proprietary or trade-
marked "stock or poultry tonic," "stock or poultry regulator,"
"stock or poultry conditioner," or any similar preparation, regard-
less of the title under which it is sold, which has not been regis-
tered as required by section one of this act, or which may have
been registered, but subsequently found by an analysis or examina-
tion made by or under the direction of the Commissioner of
Agriculture to violate any of the provisions of this act, shall be
Punishment. deemed guilty of a misdemeanor, and on conviction thereof shall
Further guaranty.
Package of goods
filed.
Registration fee.
Offer for sale of
unregistered
preparations or
preparations
violating pro-
visions of act a
misdemeanor.
1909— Chapter 556—557. 917
be tined iu the sum of fifty dollars ($50) for the first offeuse aud
iu the sum of one hundred dollars (.?100) for each subsequent
offense.
Sec. 4. Whenever the Commissioner of Agriculture becomes cog- Notice to manu-
nizant of any violation of any of the provisions of this act ho ^*^ ^^^^ °^ ^^ ^^'
shall immediately notify, in writing, the manufacturer, importer,
jobber or dealer, if same be known. Any party so notified shall Hearing,
be given an opportunity to be heard, under such rules and regula-
tions as may be prescribed by the Commissioner and the Board
of Agriculture ; and if it appears that any of the provisions of. Certificate to
this act have been violated the Commissioner of Agriculture shall ^°"'^'''°r-
certify the facts to the solicitor in the district in which said
sample was obtained, and furnish that officer with a copy of the
result of the analysis or other examinations of the said article,
duly authenticated by the analyst or other ofiicer making such
examination under the oath of such officer. In all prosecutions Certificate of
arising under this act the certificate of the analyst or other of- fac^g evi^eMe.
ficer making the analysis or examination, when duly sworn to by
such officer, shall be prima facie evidence of the fact or facts
therein certified.
Sec. 5. That it shall be the duty of every solicitor to whom the solicitors to
Commissioner of Agriculture shall report any violation of this Prosecute,
act to cause proceedings to be commenced aud prosecuted without
delay for the fines and penalties in such cases prescribed.
Sec 6. This act does not repeal any part of any concentrated Eflect of law.
commercial feeding-stuff law which may be in effect in this State,
but is designed to fully cover all preparations commonly known
as condimental, patented, proprietary or trade-marked "stock or
poultry tonics," "stock or poultry regulators," "stock or poultry
conditioners," and all similar preparations used for "tonic,"
"regulative" or "condition" purposes, and to protect the public
from deception and fraud in the sale of these specific products.
Sec. 7. This act shall be iu force on and after July first, one When act
thousand nine hundred and nine. effective.
Ratified this the 3d day of March, A. D. 1000.
CHAPTER 557.
AN ACT TO PREVENT THE SALE OF CERTAIN COMMODI-
TIES AT THE ANNI'AL MEETING OF THE LOWER COUN-
TRY LINE PRIMITIVE BAPTIST ASSfU'IATION.
The Griirrnl Axfirmhh/ of XorfJi Carolina do mart:
Section 1. That it shall he nnlnwfnl for any person, firm or Hawking for-
corporation. except at their regular i)lace of business, to sell or ^''^°^'^-
offer for sale within one and one-half miles of anv meeting of
918
1909 — Chapter 557 — 558 — 559.
the Lower Coiiutry Line Primitive Baptist Association, at any
time during the three clays and nights of the meeting, any wine,
whislveys or beer, confectioneries, candies, lemonade, Coca-Cola,
Pepsi-Cola, soda water, ginger ale or any cold or soft drinks or
concoction of any kind whatsoever, or any cigars, cigarettes or
tobacco of any kind. Any person, firm or corporation so offend-
ing shall be guilty of a misdemeanor and fined not less than ten
nor more than fifty dollars or imprisoned not less than ten nor
more than thirty days, or both, at the discretion of the court.
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1009.
CHAPTER 558.
AN ACT TO AMEND SECTION 5 OF CHAPTER 413 OF THE
PUBLIC LAWS OF 1901, RELATING TO THE COTTON
WEIGHER FOR THE TOWN OF LAURINBURG.
Proviso: increase
of compensation.
The General Assembly of No7-th Carolina do enact:
Section 1. That section five of chapter four hundred and
thirteen of the Public Laws of one thousand nine hundred and
one be and the same is hereby amended by adding to the end
of said section the following : "Provided, that the county commis-
sioners of Scotland County may in their discretion increase said
compensation to ten cents per bale, one-half to be paid by the
seller and one-half by the purchaser."
Sec. 2. That this act shall be in full force and effect from and
after April first, one thousand nine hundred and nine.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 559.
AN ACT TO REGULATE OYSTER DREDGING IN PAMLICO
SOUND.
Use of imple-
ments other than
hand tongs
unlawful.
Territory.
The General Assembly of North Carolina do enact :
Section 1. That it shall be unlawful for any person to use any
rakes, scrapes, scoops or dredges, or any other instrument or im-
plement other than ordinary hand tongs, for the purpose of taking
or catching oysters from the public oyster grounds or natural
oyster beds in any of the waters of Pamlico Sound or its tributaries
north of a line running from West Bluff Bay to the center of
Ocracoke Inlet.
1909— Chapter 559—560. 919
Sec. 2. Any person found guilty of the violation of tliis act shall Misdemeanor,
be punished by a fine of not less than twenty-five dollars or im- Punishment,
prisoned not less than thirty days.
Sec. 3. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1900.
CHAPTER 560.
AX ACT TO CREATE A RECORDER'S COURT FOR
EDGECOMBE COUNTY.
The General AssemNy of North Carolina do enact:
Section 1. The county commissioners of Edgecombe County may Establishment of
establish, at Tarboro, North Carolina, a recorder's court for the ^°^^^ authorized.
county of Edgecombe.
Sec. 2. Said court shall be a court of record and shall be pre- Court of record.
sided over by a recorder, who may be a licensed attorney at law. Recorder.
of good moral character and in good standing in his profession,
and who shall be at the time of his election and qualification an
elector in and for said county. Said recorder shall be elected by Election of
the board of county commissioners at their regular meeting on ^^^^^ '^^'
the first Monday in April of each and every year, and shall hold Term,
for a period of one year, and should a vacancy occur in said Vacancy,
office the same shall be filled by the said county commissioners as
provided for the appointment of the recorder. The said appointee
shall hold said office during the remainder of said term. Before Recorder to
entering upon the duties of his office, the said recorder so elected '^^
shall take and subscribe an oath of office, as is now provided by
law for justices of the peace, and shall file the same with the
clerk of the Superior Court of said county of Edgecombe, which
clerk will duly record the same. Said recorder's salary shall be Salary.
determined by the board of county commissioners and paid out of
the county funds, upon such vouchers as are now required for the
payment of county bills.
Sec 3. Said court shall be open for the trial of cases on each Sessions.
and every Monday morning at ten o'clock, at the county site.
and shall continue in session daily until the business before it
shall be disposed of.
Sec 4. Said court shall have all jurisdiction and power in all Jurisdiction,
criminal cases arising in said county which are now or may here-
after be given to justices of the peace, and in addition to the
jurisdiction conferred by this section shall have exclusive original
920
1909 — Chapter SCO.
Removal of cases
from justices.
Recognizances to
recorder's court.
Trials on
warrants.
Clerlv of court.
Fees.
Sentence for fines
and costs.
Collection of fines.
Costs paid by
county.
Civil jurisdiction.
Appeals from
justices.
jurisdiction of all other criminal offenses committed in said comity
below the grade of felony, as now defined by law, and the same
are hereby declared to be petty misdemeanors.
Sec. 5. When, upon affidavit made before entering upon the
trial of any case before any justice of the peace, it shall appear
proper for said case to be removed for trial to some other justice,
as is now provided by law, said cause may be removed for trial
to said Recorder's Court of Edgecombe County.
Sec. G. In all criminal cases heard by justices of the peace and
the other committing magistrates of said county against any per-
son or persons for any offense included in section four of this
act, in which probable cause of guilt is found, such person or
persons shall be bound in a personal recognizance, with surety,
to appear at the next succeeding session of the recorder's court
for trial, and in default of such surety such person or persons
shall be committed to the common jail of such county to await
trial.
Sec. 7. All trials of criminal actions shall be upon warrant is-
sued by the clerk of the Superior Court, who shall also be clerk
of the recorder's court.
Sec. 8. All such justices of the peace and constables and sheriffs
shall have the same fees as are now prescribed by law, and shall
be collected and paid out in the same manner and by the same
officers as collect and disburse the said fees in the Superior Court.
Sec. 9. Whenever any person or persons shall be convicted in
the recorder's court for any of the offenses mentioned in this act,
and the punishment imposed is imprisonment and costs, the said
recorder shall sentence the said defendant to imprisonment in
the common jail of said county, to be worked upon the public roads
of said county. All fines imposed shall be collected by the clerk
of the Superior Court, as is now done in the Superior Court, and
where a defendant is convicted and fails to pay the costs the
county shall pay such costs as is allowed by law in similar cases
before the Superior Court.
Sec. 10. Said court shall have all jurisdictions and powers in
all civil matters arising in said county which are now or may
hereafter be given to the justices of the peace, and in addition to
the jurisdiction conferred by this section shall have exclusive
original jurisdiction of all other civil actions arising in said
county, out of contract, where the sum demanded does not ex-
ceed the sum of five hundred dollars, and those arising out of
tort, where the value of the property or the amount in controversy
does not exceed two hundred dollars. In all civil matters tried
by justices of the peace in said county, where either party to
the suit appeals from the judgment of said justice, the said case
on appeal shall be sent to the recorder's court for a new trial,
as is now provided by law for the trial of cases in the Superior
1909 — Chapter 560. 921
Court upou appeal from justice's court, and shall be heard at the
first sitting of the court after the appeal is sent up : Provided, Proviso: continu-
,,..,,. . ,. „ ... ance for cause,
this shall not prevent a continuance of any cause until some
future day, upon good cause being shown to the court : Provided Proviso: discon-
fnrther, that the said board of commissioners are authorized, ti'^u^nce of court.
after twelve mouths' trial of said court, to discontinue said court
if in their judgment it is best to do so. That either plaintiff or Jury trials.
defendant in actions in this court may demand and have a jury,
as provided in courts of justices of the peace, except the jui-y
shall be twelve in number instead of six ; that the recorder of
said court, in all cases in which in his judgment the ends of
justice would be best served by submitting the issue to a jury,
may have a jury called of his own motion, as above provided,
and submit the issue to the jury.
Sec 11. Any person desiring to appeal to the Superior Court, in Appeals.
a criminal or civil case, from a judgment of the recorder's court
shall be allowed to do so in the same manner as is now provided
for appeals from the courts of justices of the peace.
Sec. 12. All civil actions shall be commenced in said recorder's Civil action;
court by summons issued by the clerk of the Superior Court, and ^^^^^'^ ^^y-
shall be returnable the first Monday after service : Provided, serv- Proviso: service
ice shall be had on or before Wednesday preceding the day of ° summons.
return. The plaintiff shall file a written complaint on the return Pleadings,
of such summons. The defendant shall file his written answer or
demurrer on or before Wednesday night following the return day
of said summons, and the case shall stand for trial on the first
Monday after the return day thereof.
Sec. 13. All judgments for the plaintiff rendered by the recorder Judgments
shall be duly docketed in the office of the clerk of the Superior '^^'^'^eted.
Court, and execution shall issue thereon as is now provided by
law for executions.
Sec. 14. In all actions and matters where a justice of the peace Venue of suits.
does not now have exclusive jurisdiction the plaintiff in such ac-
tion may bring original suit, either in the Recorder's Court of
Edgecombe County, as established by this act, or in the Superior
Court of Edgecombe County, at their election.
Sec. 15. Nothing in this act shall prevent the recorder elected by Recorder may
the board of commissioners and serving as such in the court P'''^*^^"^^ ^^^•
hereby established from practicing law in the higher courts of
the county and State in any and all cases which have not been
passed upon by him in his court.
Sec. 10. This act .shall 1)0 printed at once, ujum its ratification. Act to be printed
and a copy thereof mailed by the Secretary of State to the ^"^ '^^^^ mailed.
chairman of the Board of Commissioners of Edgecombe County.
Sec. 17. Provided, that nothing in this act shall be in conflict Proviso: court at
with the recorder's court at Rocky Mount, North Carolina. °^ ^ """^ '
Sec. 18. This act shall be in force from and after the first When act
onday in April, one thousand nine hundred anc
Ratified this the 5th day of March, A. D. 1009.
Monday in April, one thousand nine hundred and nine. ^ ^^ '^^'
922
1909— Chapter 561.
CHAPTER 561. .
AN ACT FOR THE BETTERMENT OF THE PUBLIC SCHOOLS
IN ANSON COUNTY AND THE TRAINING OF THE CHIL-
DREN FOR LIFE'S WORK.
Privilege tax to
be paid on dogs.
Amount.
Term of license.
License issued by
sheriff.
Fee to sheriff.
Record of licenses
Lists of licenses
furnished con-
stables.
Publication of list
Keeping dog
without license a
misdemeanor.
Punishment.
Division of fine.
Persons convicted
to pay tax.
Dog declared
nuisance if tax-
not paid.
Constable to kill
dog.
Fee.
The Geiterul Asscmhhj of ^^orth Carolina do enact:
Section 1. That any person or persons owning or keeping a dog
shall pay annually on each dog so kept a license or privilege
tax of one dollar ($1) on male dogs and two dollars (.$2) on
female dogs.
Sec. 2. That said tax shall be paid to the sheriff of the county,
as provided for the payment of other license taxes, and the license
shall expire on the first day of Januai-y of each year. Said
license shall be issued and signed by the sheriff and shall contain
the name of the owner and the description of the dog, by name,
color and sex. For each license issued the sheriff shall be entitled
to a fee of ten (10) cents, to be deducted from the tax paid,
and a record shall be kept of all licenses issued under the act.
Sec. 3. That the said sheriff, as soon as practicable after the
first day of January and before the first day of March of each
and every year, shall deliver to the constable of each township
In the county or counties of this State to which this act is ap-
plicable a list of the licenses issued, for the guidance of said con-
stable in the enforcement of this law, and the list shall be pub-
lished annually, within sixty days after the first day of January,
in one or more of the county papers, the total cost of advertising
not to exceed ten cents on each license issued.
Sec. 4. Any person owning or keeping a dog without having
paid the tax prescribed by this law and without obtaining a license
therefor shall be guilty of a misdemeanor and shall be fined not
less than five dollars and not exceeding fifts^ dollars or imprisoned
or worked on the public roads not less than ten days and not
exceeding thirty days, one-half of the money fine to go to the
prosecuting witness and one-half to the school fund.
Sec. 5. It shall be the duty of the justice of the peace or any
court of competent jurisdiction, upon the conviction of any per-
son for the violation of the provisions of this act, to require such
defendant to pay said tax, and upon the refusal or failure to pay
the same within twenty hours after being ordered by said court,
or upon the information of the existence of any dog, the owner-
ship of which is claimed by no one, such justice of the peace or
other court shall declare such dog for which a tax has not been
paid a public nuisance, and shall direct the constable or other
officer to kill or cavise such dog to be Ivilled, and for such services
said constable or other ofiicer shall receive one dollar, to be paid
out of the fund raised from said license tax.
1909— Chapter 561—562. 923
Sec. 6. The net proceeds raised from the collection of said taxes License tax to use
shall be placed on the account of the general school fund of the °^ ^^^°°^ ^""'^•
county or township wherein the said tax is paid.
Sec. 7. That the citizens of Anson County or of any township Act to affect
in Anson County desiring to have this act apply to said county or shiifon petition' of
township shall present to the board of county commissioners of the majority of voters,
county a petition signed by a majority of the qualified voters of
the county or township asking that said license tax be imposed,
and if said board of commissioners shall believe that a majority
of the qualified voters of the county or township, as appears from
the registration books at the last general election of said county
or State, have signed said petition, said board of commissioners
may order the imposition of said license tax, to begin on the first
day of January next thereafter, and such order shall be con-
clusive of this act to the county or township: Provided, this act
shall apply only to the county of Anson.
Sec. 8. That this act shall be enforced fi-om and after its ratifi- Proviso: applica-
tion of act.
cation.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 562.
AN ACT AUTHORIZING THE COMMISSIONERS AND TREAS-
URER OF DAVIE COUNTY TO TRANSFER THE SURPLUS
BELONGING TO THE SPECIAL RAILROAD TAX FUND TO
THE GENERAL COUNTY FUND.
Whereas, under and by virtue of chapter one hundred and Preamble.
thirteen, Public Laws, passed by the General Assembly of North
Carolina in the year one thousand eight hundred and seventy-nine,
the county of Davie subscribe<l to the capital stock of the Win-
ston-Salem and Mooresville Railroad Company, and issued its
bonds, with coupons thereto attached, in the sum of forty thou-
sand dollars, to aid in the construction of said railroad ; and Preamble,
whereas said railroad company, afterwards, under and by virtue
of the authority of law, consolidated with other railroad com-
panies duly chartered by the State of North Carolina, and is now
known as the North Carolina Midland Railroad Company ; and Preamble,
whereas the Board of Commissioners of Davie County has, since
the issuance of said bonds, annually levied and caused to be
collected a special tax to provide for the payment of said bonds
and coupons thereto attached : and whereas the dividend received Preamble,
upon the stock in said railroad company held by said county for
the year one thousand nine hundred and eight, together with the
special tax levied by said board of commissioners in the month
of June, one thousand nine hundred and eight, will be more
924
1909— Chapter 562—563—564.
tliau sufficient to pay off and discharge all of said bonds and
coupons now outstanding, leaving a surplus of said special fund
in tlie hands of the Treasurer of Davie County : therefore,
The General Assembly of North Carolina do enact:
Transfer of surplus SECTION 1. That the Board of Commissioners and Treasurer of
to general county ta • / , ^ i j ^i. i . ^, ■ - -
fund authorized. Davie County be and they are hereby authorized and empowered
to transfer and cover into the general county fund of Davie
County any and all surplus of the special railroad tax fund re-
maining in the hands of said treasurer after having paid off and
discharged all of said bonds and coupons thereto attached, and
said fund so transferred shall be expended by said commissioners
as other ordinary or general county funds.
Sec. 2. That this act shall be in force from and after its rati-
fication.
Ratified this the 5th day of March, A. D. 1909.
Election of road
commissioners.
CHAPTER 563.
AN ACT TO AINIEND CHAPTER 476, PUBLIC LAWS OF 1907,
RELATING TO THE ROAD LAW IN SMITH CREEK TOWN-
SHIP, WARREN COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter four hundred and
seventy-six. Public Laws of one thousand nine hundred and seven,
be and the same is hereby amended by adding after the word
"commissioners" and before the word "the," in line nine of section
one in said act, the following : "That said road commissioners of
said township shall be elected biennially by the qualified voters of
said township at the general election held for other county of-
ficers."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 564.
AN ACT TO AMEND CHAPTER 769, PUBLIC LAWS OF 1905,
RELATIVE TO COTTON WEIGHER OF THE TOWN OF
WILSON.
The General Assembly of North Carolina do enact:
Section 1. That chapter seven hundred and sixty-nine of the
Public Laws of one thousand nine hundred and five be amended
by striking out section five thereof and inserting in lieu thereof
the following:
1909— Chapter 564—565. 925
"Sec. 5. The cotton weigher provided for iu this act shall re- Compensation of
^. J, , . . , f 1 u 1 cotton weigher.
ceive as compensation for his services such sum for each bale
weighed as may be fixed by the board of commissioners of the
town of Wilson and the board of commissioners of the county of
"Wilson at their joint session at which he is elected, which shall
be not less than eight nor more than ten cents per bale, one-half
to be paid by the buyer and one-half by the seller. Each buyer
shall retain from the price of said bale of cotton one-half the
sum fixed, as aforesaid, as compensation for said cotton weigher
as the seller's part of said compensation to be paid, together with
the buyer's part of said compensation, upon the request of said
cotton weigher : Provided, that at the expiration of the term of Proviso: sworn
office the said cotton weigher may be required to file, at the joint amount received.
meeting hereinbefore provided for, a sworn statement showing
the total amount received by him during his term of office."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 565.
AN ACT TO AMEND SECTION 1506, CHAPTER 28 OF THE
REVISAL OF NORTH CAROLINA OF 1905.
The General Assemhhj of North Carolina do enact:
Section 1. That section one thousand five hundred and six,
chapter twenty-eight of the Revisal of North Carolina of one thou-
sand nine hundred and five, providing for terms of court in the
various judicial districts of the State, be amended as follows :
On page four hundred and forty-eight of section one thousand
five hundred and six, chapter twenty-eight of the Revisal of North
Carolina of one thousand nine hundred and five, at the bottom
of the page, referring to Harnett County, strike out all in lines
six and seven after the words "two weeks," in line six, so that
it shall read as follows : "Harnett County, fourth Monday before Terms of court for
the first Monday iu March, two weeks ; eleventh Monday after the Harnett county.
first Monday in March, one week ; first Monday in September, one
week ; tenth Monday after the first Monday in September, two
weeks."
Sec. 2. That this act shall take effe<-t and be in force from and
after its ratification.
Ratified this the 5th day of March. A. D. 1909.
926
1909— Chapter 566—567.
CHAPTER 566.
AN ACT TO CHANGE THE TIME FOR MEETING OF BOARD
OF EDUCATION OF DARE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section four thousaud one hundred and thirty-
three be amended by adding at the end of said section the fol-
Proviso: meetings lowing : "Provided, that the Board of Education of Dare County
e on ues ay. gj^^j] j^qj^j their* regular and special meetings on Tuesdays instead
of Mondays."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1009.
CHAPTER 567.
AN ACT TO PROVIDE A SYSTEM OF CONSTRUCTING AND
KEEPING IN REPAIR THE PUBLIC ROADS OF RAN-
DOLPH COUNTY.
Appointment of
road trustees.
Terms of office.
Successors.
Vacancies.
Meeting of
trustees for
organization.
Organization.
Report of
organization.
The General Assembly of North Carolina do enact:
Section 1. That for the construction, maintenance and improve-
ment of the public roads of Randolph County the board of com-
missioners of said county shall, on or before the first Monday
in April, one thousand nine hundred and nine, or other first
Monday within one year from said date, appoint a board of road
trustees for each township in said county, which board shall be
composed of three men of good character who are residents of
such township. The term of office of the first road trustee shall
be three years, the second two years and the third for one year,
and one successor of one trustee shall be appointed by said board
of county commissioners for each of said townships in April,
one thousand nine hundred and ten, and annually thereafter, for
the term of three years ; and in event of a vacancy occurring in
any of said boards of road trustees, by death, resignation, re-
moval from the township or otherwise, the said board of com-
missioners shall appoint his successor to fill the unexpired term.
Sec. 2. That the board of road trustees of each of said town-
ships shall meet on the first Saturday in May, one thousand nine
hundred and nine, and annually thereafter, and oi'ganize by
electing one of their number chairman and one secretary, and
the secretary so elected shall forthwith report to the commission-
ers of said county, in writing, a list of officers thus elected.
1909— Chapter 567. 927
which report shall be kept on file in the register's ofBce of said
county ; that the trustees, for the purpose of performing the duties Quarterly
herein required of them, shall meet quarterly, and oftener if in
their judgment they shall deem it necessary for the proper trans-
action of the duties herein imposed, and their secretary shall Record of pro-
keep a record of all their meetings and proceedings; that the Trustees" exempt
said board of road trustees shall be exempt from the number of ^^"^ ^°^'^ duty.
days' labor hereinafter required in this act upon the public roads
of their township : Provided, that the first meeting of said board Proviso: first
of road trustees may be held at any other time appointed by the
board of county commissioners.
Sec. 3. That it shall be the duty of the board of road trustees Examination and
to examine into the condition of the public roads of their respec- tion of roads.
tive townships at least twice in each year, and make a report.
iu duplicate, on the condition of the public roads, and present
one copy of said report to the board of commissioners of said
county at their May and one at their November meeting, and
in addition thereto the said board of road, trustees shall forth-
with file one copy of said report with the clerk of the Superior
Court of said county for the use of the solicitor, with such in-
structions and recommendations as they may deem proper ; that Power to lay out,
Qitgr or discori—
the said board of road trustees shall have the right, upon petition tinue roads.
of the citizens of their township, or without such petition if they
shall deem it for the best interest of the traveling public, to lay
out, alter or discontinue public roads that are wholly within their
townships, or when such proposed new road, alteration or dis-
continuance is wholly within their township, with as little injury
to the lands through which the same passes as may be consistent
with the best interests of the traveling public ; and the said board
of road trustees, taking into consideration the advantages and
disadvantages to the owner of the lands through which the road
thus altered or laid out passes, shall assess the damages, if any. Assessment of
caused thereby, and such damages thus assessed shall be deemed ^™^^^^-
a charge against the county, which shall be paid out of the funds Payment of
of the township in which said road is located, and the said board certfffcate of
of road trustees shall make a certificate of such damages, show- darnages.
ing for what allowed, the amount and to whom payable, which
certificate shall be forthwith filed with the board of commission-
ers of said county, and, unless it shall appear to said commis-
sioners that the damages are excessive or unjust, shall be allowed
by them ; that any person or persons aggrieved by the action of Appeal to county
. , ^ u TV T i J. • I • J. li • 1- J.. • commissioners,
the board ot road trustees in laymg out, alteruig or discontmuing
any public road, as aforesaid, or the amount of damages allowed
for any new road or altering an old road, as aforesaid, may apjieal
to the board of commissioners of said county, upon giving a bond. Bond on appeal
with sufficient justified surety, to be approved by said board of
road trustees, in not less than the sum of two hundred dollars.
928
1909— Chapter 567.
Proviso: notice
of appeal.
Proceedings on
appeal.
Proviso: appeals
to superior court.
Roads extending
into two or more
townships.
Proviso: posting
notice.
Proviso: bond on
appeal to superior
court.
Division of roads.
Control of roads.
Proviso: road
hands not required
to work outside
of township.
and conditioned for the payment of all costs which may be ad-
judged against him or them on such appeal: Provided, that notice
of appeal be given to the secretary of said board of road trustees
by the party or parties aggrieved within ten days after notice of
the act complained of. That the said commissioners shall hear
and determine such appeal, and if the same be against the ap-
pellant it shall be their duty to enter judgment against the ap-
pellant and his sureties for the costs of the appeal, which shall
have all the force and effect of a judgment in the Superior Court,
and such judgment for costs may be enforced in the same manner
as a judgment of the Superior Court: Provided, that any party
or parties aggrieved by the action of the commissioners in such
matter may appeal to the Superior Court of said county in the
manner set forth in the next succeeding section.
Sec. 4. That when it is desired to lay out a new road or alter
or discontinue any public road or roads extending into two or
more townships, the right to do the same shall be in the county
commissioners, and shall be done in the manner provided in sec-
tions two thousand six hundred and eighty-four, two thousand
six hundred and ninety and two thousand six hundred and eighty-
five of chapter sixty-five, and section one thousand two hundred
and sixty-eight, chapter twenty-two of volume one of the Revisal
of one thousand nine hundred and five: Provided, that posting
notice of the petition at the courthouse door for thirty days and
at some public place in each township through any part of which
said road passes, for twenty days prior to the hearing of the peti-
tion, may be done in lieu of the notice required in said section
two thousand six hundred and eighty-four : Provided further,
that any person or persons desiring to appeal to the Superior
Court from the order of the board of commissioners shall give
bond, with justified and approved surety, in not less than the
sum of two hundred dollars, conditioned to pay all such costs as
may be adjudged against him or them on appeal.
Sec. 5. That all roads, when laid out for construction or altera-
tion under the provisions of the preceding section, shall, by virtue
of this act, be deemed divided, so that the board of road trustees
of each township shall have control of so much thereof as lies
wholly within their township. Said board shall have control of
all public roads laid out or altered under sections three and four
of this act, providing for the construction and maintenance of
public roads: Provided, that no person shall be required to go out
of his township to help in working or constructing any road,
except when on the boundary line, as hereinafter provided, and all
persons subject to road duty shall be worked as near as may
be on that part of the public road running through their im-
mediate vicinity.
1909 — Chapter 567,
929
Sec. 6. That the board of road trustees of the several towuships Road districts,
of said county shall, on the first Monday of the month im-
mediately following their appointment, or within ten days there-
after, divide their respective townships into suitable road dis-
tricts', and annually on the first Monday of May thereafter make
such alterations as they may deem proper, and cause a brief Description of^^
description thereof to be made on the township records, and also of hands,
to furnish each supervisor with a description of his road dis-
tricts and the names of the persons assigned to each district:
that the board of road trustees of each township, at the meeting Electi^on^of
at which they divide their townships into road districts as afore-
said, and annually on first Monday of May thereafter, shall
elect one supervisor for their township, who shall have charge
of the several road districts therein ; but if in their judgment they
shall consider it best suited to the conditions in their^ townships
they mav elect more than one supervisor and assign to each the
district which he shall have charge of, under the provisions of
this act; that the board of road trustees shall cause each super- Bond of super-
visor to enter into a bond in not less than the sum of two hun-
dred dollars, executed to the State of North Carolina in trust for
said township, with sufficient surety, to be approved by the board
of road trustees for such township; that the board of ^'^^^^ oeneml power
trustees shall have general power and control over the public trustees.
roads in their townships, and shall confer with the super-
visor as to the best methods of constructing, maintaining and
permanently improving the public roads, and may direct their
supervisors that in case of a vacancy in the office of supervisor,
occurring by death, resignation, removal or otherwise, the board
of township trustees shall appoint his successor for the unexpired
term, and may at any time when they deem it for the best in-
terest of the public roads of their township remove any supervisor
from office and appoint his successor.
Sec. 7. That each supervisor, before entering upon the duties ^Supervisors to
of his office, shall take an oath faithfully and impartially to dis-'^"^'^"
charge the duties of said office, and shall give bond, with ap-
proved surety, such as may be re(iuired of him as aforesaid by
the board of road trustees, and shall at each quarterly meeting Reports of super-
of said trustees, and oftener if directed by them, make a report
of the condition of the roads under his charge, and the char-
acter and extent of the work he has done on the same, the num-
ber of persons subject to road duty, as defined in section nine of
this act. in each road district in his charge, and the number of
days worked by each person; the name of each person who has
paid cash in lieu of services, and the amount of cash paid by
each; the full amount of receipts and the amount and nnmner
of all expenditures during said quarter; the number of days
worked by him on the roads of his district and the number of
hands worked each day, and the number of judgments, fines and
Pub.— 59
930 1909— Cpiaptee 567.
penalties taken by liim imcler this act, against wliom, and the
amounts due thereon, if any, and all such other matters as the
board of road trustees may require of him appertaining to his
duties or relating to the condition of his road.
Duties of super- Sec. S. That it shall be the duty of each and every supervisor,
visors
subject to such direction as the road trustees may deem proper
to make as to the manner of doing the same, to open or cause to
be opened all public roads v^^hich shall have been or may here-
after be laid out and established in his road districts, to keep
the same in repair and to remove or cause to be removed all ob-
Entry on land for structions that may from time to time be found thereon, for
ma ena . which purposes the supervisors are hereby authorized to enter
upon any lands not encumbered by crops, near to or adjoining
such roads ; to cut and carry away timber, except trees or groves
on improved lands, planted or left for ornament or shade ; to
dig and cArry away or cause to be dug and carried away any
gravel, sand, clay, marl or stone which may be necessary to be
Drains and done to improve or repair said road, and to enter on any lands
' ^ ^'''" adjoining or lying near the road, for making such drains or ditches
through the same as he may deem necessary for the benefit of the
roads, but doing as little damage to said lauds and the improve-
ments and timber thereon as the nature of the case and the public
Penalty for good will permit. The drains or ditches so made shall be con-
and ditclies. ^^^^^ ducted to the nearest or most convenient water course, ditch or
drain, and shall be kept open by the supervisors and shall not be
obstructed by the owners or occupants of such lands or any
person or persons having the same in charge, under the penalty
of forfeiting a sum not exceeding ten dollars for each and every
offense, to be collected by the supervisor and paid over by him
to the board of road trustees and applied to the road fund of
Injury to land a said township. If the supervisor shall willfully and unnecessarily
misdemeanor. , damage any cultivated or improved lands by failure to conduct
said drains and ditches of his road districts to the nearest or most
convenient water way, ditch or drain, and to keep said drain and
ditches in proper condition, he shall be guilty of a misdemeanor
Punishment. and fined not exceeding twenty dollars.
Persons liable to Sec. 9. That all able-bodied male persons and all male persons
road duty. ^j^j^ ^^ perform the labor herein i-equired. between the ages of
Road duty. eighteen and forty-five years, shall be liable annually to do and
perform four days' labor on the public roads, under the directions
Proviso: com- of the supervisor of the road district in which he resides : Pro-
mutation, vided, that if any person, being warned, as hereinafter provided,
shall pay to the supervisor of his district the sum of one dollar
for each day's labor required by this act, the same shall be re-
ceived in lieu of each day's labor and shall be applied by the road
supervisor receiving the same to the improvement of the roads
Proviso: emer- in that district: Provided farther, that if from heavy rains, floods,
gency wor . washouts or any unusual injury to the roads the board of road
1909 — Chapter 567. 931
trustees shall be of the opinion that the condition of the roads in
their township demand it, they may increase the number of days"
labor for each person subject to road duty to not more than two
additional days: Provided further, that ten hours shall constitute Proviso: day's
a day's work, as required under this act. "^^^ '
Sec. 10. That it shall be the duty of every supervisor to order supervisor to
out every such person, resident as aforesaid, annually, to do and ^^^'^ hands,
perform the work aforesaid on the public roads within the dis-
trict ; and if any such resident, being warned by such supervisor. Refusal or neglect
personally, or by leaving a written notice at his usual place of d^scha^rge duty a
abode, shall refuse or neglect, having had at least two days' no- misdemeanor,
tice. to attend by himself or an able-bodied substitute acceptable
to the supervisor, or, having attended, shall refuse to obey the
directions of the supervisor, or shall spend the time in idleness or
inattention to the duties assigned him, every such delinquent shall
be guilty of a misdemeanor, and upon conviction thereof shall be Punishment.
fined not exceeding ten dollars for each offense : Provided, that no Proviso: road
person shall be released from the performance of the labor or charged^on'^failure
Its equivalent, as herein provided, by reason of the failure of any of warning,
supervisor to order such person out, as herein specified.
Sec. 11. That if any person shall remove from any district to Removal from
another, who has prior to such removal performed the whole or ^i^^'"''^''-
any part of the labor aforesaid, or in any way has paid the whole
or any part thereof in lieu of such labor, and shall produce a
certificate of the same from the supervisor of the proper district,
such certificate shall be a complete release for the amount therein
specified.
Sec. 12. That every person of road age. as defined in this act. Road hands to
who shall be sununoned, as hereinbefore provided, to perform impilments^"
labor upon the public roads under the provisions of this act,
shall by himself or by an able-bodied substitute appear at the
place appointed by the supervisor, at an hour not later than seven
o'clock in the forenoon, with such tools and implements as the
supervisor may direct, and work under tlie direction of the super-
visor of said district, and the supervisor may arrange for the Teams and
use of teams, wagons, carts, plows or scrapers to be employed and implements.
used on the road under his direction, upon terms and prices to be
approved by the board of road trustees.
Sec. 13. That for the purpose provided for in the preceding sec- Residence defined,
tions of this act the residence of any person who has a family
shall be held to be where his family resides, and the residence
of any other person shall be held to be where he sleejis in any
road district in said county.
Sec. 14. That all the moneys that shall be in the hands of any Moneys to be
supervisor at the time of the annual settlement with the board ^^"^ °^®'^'
of road trustees shall be paid over to the secretary of the board
of road trustees, who shall deliver same to the treasurer of the
county, to be placed to the credit of said township road fund.
9.32
1909— Chapter 567.
Road tax.
Rate.
Collection of tax.
Proviso: com-
mission of sheriff.
Proviso: town-
ship tax on
petition.
Road taxes kept
separate.
Road orders.
Proviso: township
funds.
Township road
orders.
Apportionment.
Road orders.
or tnru the same over to his successor in office as soon as such
successor shall be elected and qualified, taking a receipt therefor
and deposit said receipt Avith the board of township trustees.
Sec. 15. That the commissioners of said county shall have the
authority and it shall be their duty to levy, at the June session
of their board, annually, for public-road purposes, not less than
eight and one-third cents nor more than fifteen cents on the one
hundred dollars valuation of property, and the board of commis-
sioners shall cause the same to be placed on the list for the
current year, to be included in and collected in the annual taxes;
that the i-oad tax, vs^hen thus assessed, shall be collected by the
sheriff or tax collector of said county, under the penalty and
regulations laid down for the collection of other taxes for said
county, and paid out as hereinbefore provided: ProridetJ, that
said sheriff shall receive three per cent for collecting and two
per cent for disbursing : Provided further, that on petition of a
majority of the registered voters of any township the said board
of commissioners, in the manner above provided, may levy for such
township so petitioning an amount not exceeding thirty cents on
the one hundred dollars valuation of property, to be collected in
the manner herein provided for.
Sec. 16. That the road tax levied under this act shall be made
out and kept in a separate item on the tax list and made to ap-
pear in a separate item on the tax receipt, and the treasurer of
the county shall keep the fund due each township in a separate
account, and the same to be disbursed only upon orders signed
by the chairman and the secretary of the board of road trustees
of said township : Provided, that in no event shall the funds due
one township be paid out for the benefit of any other township.
Sec. 17. That all moneys due the several townships shall be paid
out only upon the written order signed by the chairman and
secretary of the board of road trustees, who shall have absolute
charge and control of the construction, maintenance and im-
provement of the public roads of their townships, and in deter-
mining the divisions of the funds they shall be governed, not by
the miles of road in each district, but by the necessities of the
roads, the convenience of getting material necessary to make sub-
stantial repairs and improvements in order to make a just and
equitable division of the funds, and the said money shall be used
as far as practicable in making permanent and lasting imiirove-
ments upon said roads.
Sec. 18. That the Treasurer of Randolph County shall disburse
the funds coming into his hands under this act only upon order
signed by the chairman and secretary of said board of road trus-
tees, stating to whom the same is payable, the amount and the
purpose for which the same has been or is to be expended, and
the said county treasurer's books shall at all times be open for
the inspection of the board of road trustees.
1909 — Chapter 567. 983
Sec. 10. That the board of road trustees for the several town- Pay of super-
visors
ships shall contract to pay the road supervisor for the days of
actual service out of the township funds a sum not exceeding one
dollar and a half per day, deducting the commutation of the days
of labor required in such township : Provided, the board of road Proviso: mini-
. „ , . . mum of work,
trustees ot any township may at any time fix the minimum num-
ber of hours to be worked each day by the supervisor, and for
such days he works a less number of hours he shall not receive
pay, unless there is in the judgment of the board of road trustees
a sufficient reason for the same.
Sec. 20. That the supervisors of public roads within said county Footbridges.
are hereby authorized and directed to construct footbridges over
streams of water in their district, where the convenience of
travelers on foot require the same.
Sec. 21. That each supervisor within his district or districts Post and guide
shall erect and maintain, at the expense of the township, at the ^°^rds.
forks or cross of public roads a post and guideboard containing
an inscription in legible letters directing the way and distance
to the town or towns or other public places situate on each road,
respectively, and shall erect and maintain mileposts on said public Mileposts.
roads showing the distance from the county seat : Provided, this Proviso: roads not
shall not apply to roads not going in the direction of county seats ; s|tt!"^ ^^ county
and any person who shall willfully demolish, throw down, alter injuring guide or
or deface any such guidepost or milepost shall be guilty of a mis- ™emeancfr^ ™'^
demeanor, and upon conviction shall be fined not exceeding fifty Punishment.
dollars or imprisoned not exceeding thirty days.
Sec. 22. That the board of road trustees of the several town- Purcliase of tools,
ships in said county be and they are hereby authorized to furnish
plows, scrapers and other tools wTiich they may deem proper for
use upon the public roads of their townships, to be paid for out
of any money of the township for road purposes not otherwise
appropriated. The board of road trustees shall take a receipt Receipts from
from each supervisor for such implements as they may deliver to
him, showing the number, kind and condition thereof, and such Liability of
supervisor shall be liable for any injury or damage that may supervisors,
result to such implements or to any of them by improper use
thereof, or by unnecessary exposure to the weather during the
time the same may be in his possession, and he shall on the first
Monday in May annually return the same to the board of road
trustees. The amount for which such supervisor may Ije liable
for such improper use or neglect may be recovered by action in the
name of the l)oard of road trustees.
Sec 23. That the right of way of the public njads in said county Width of roads,
shall be twenty feet, and the supervisor, with tlie approval of the
board of trustees, shall determine how much of the riglit of way
shall be used for road puri)oses.
934
1909— Chapter 56;
Certificates for
material taken.
Payment of
certificates.
Purchase and
use of machinery.
Injury to crops
and faulty con-
struction of drains
misdemeanors.
Punishment.
Snaking logs a
misdemeanor.
Punishment.
Proviso: permit
to snake logs.
Obstructions
removed.
Certificates for
overwork.
Sec. 24. That each and every supervisor who shall cut aud take
away auy timber, stone, clay, marl, sod or gravel for the purpose
of making, improving or repairing any road or building or refiair-
ing auy brid,ge or crossway within his district, as is provided in
section eight of this act, or otherwise, shall, on demand of the
owners of the laud, their agent or agents, or the guardian of
auy ward or the executor or administrator having the lands in
charge, from which timber, stone, gravel or other material were
taken, as aforesaid, give a certificate showing the quantity of
such timber, stone, gravel or other material, with the value
thereof, respectively, and the time and purpose for which the same
were taken, and upon presentation the board of road trustees
shall allow said certificate, if the same is just, but if not, shall
allow such sum as they may deem fair and just, and any such
sum shall be paid out of the fund of said township.
Sec. 25. That the county board' of commissioners may purchase
road machinery, tools and implements and turn same over to the
board of road trustees ; that the said machinery, tools and im-
plements so purchased shall be and remain the property of the
county of Randolph, aud the said commissioners may at auy time
direct the board of road trustees to return auy of such machinery,
etc., or deliver the same, upon their order, to other parties.
Sec. 26. That if the supervisor shall willfully and wantonly
iujure any crops on cultivated or improved land in the exercise
of the duties devolving upon him in this act, or shall fail to con-
duct the drain and ditches mentioned iu this act to the nearest
water way, ditch or drain, and keep said ditch or drain in repair,
he shall be guilty of a misdemeanor and fined not exceeding
twenty dollars.
Sec. 27. Any person engaged in haulug or transporting saw logs
or other timber on any public road who shall transport or cause
to be transported, by means of chain or grab hooks or other means
to be made to slide on the roadbed by a method known among
lumbermen as dragging or "snaking" logs, shall be guilty of a
misdemeanor, and on conviction shall be fined not exceeding fifty
dollars or imprisoned not exceeding thirty days : Provided, the
board of road trustees may, under certain conditions satisfactory
to them, permit such hauling or dragging of logs.
Sec. 28. That at any time during the year when any public
road shall be obstructed it shall be the duty of the supervisor of
the district iu which the same may be forthwith to cause such
obstruction to be removed, for which purpose he shall immediately
order out such number of persons liable to do work upon the pub-
lic roads of his district as he may deem necessary to remove said
obstructions. If the person or persons thus called out shall have
performed their duty of labor upon the public road, the supervisor
shall give to such person or persons a certificate for the amount
1909— Chapter 567. 935
of labor performed, and said certificate shall apply ou the labor
that may be due from such person or persons for the ensuing
year.
Sec. 29. That sections two thousand six hundred and ninety-six. Cartways.
two thousand six hundred and ninety-four and one thousand two
hundred and sixty-eight of the Revisal of one thousand nine hun-
dred and five, shall govern the establishing and laying out of
cartways, except that the duties herein imposed upou the board
of road supervisors of the township shall devolve upon and be
performed by the board of road trustees for the township : Pro-
vided, that such ti'ustees. in case of appeal, shall require of ap- Proviso: bonds
pellant a bond sufficient to recover the cost of the appeal. °'^ appeals.
Sec 30. That as to unlawful obstructions of public roads and Obstructions by
other injury thereto by railroad companies, sections seventy-two. pantes. ^°™"
seventy-three, seventy-four and seventy-five of chapter fifty of the
Laws of one thousand nine hundred and one shall be and the same
are hereby made a part of this act.
Sec. 31. That each and every supervisor who shall neglect or Neglect or false
refuse to perform the several duties enjoined on him by this act, supen isor'a^mis-
or who shall under any pretense whatever give or sign any receipt demeanor.
or certificate purporting to be a receipt or certificate for labor
performed or money paid, imless the labor shall have been per-
formed or money paid prior to the giving or signing of such re-
ceipts or certificates, shall be guilty of a misdemeanor.
Sec. 32. That any road trustee, supervisor, secretary of board Refusal or neglect
of road trustees or other officer of said county of whom any act a*mi"cLemea?w ^'^^
or duty is retiuired in this act to be done or performed, and who
shall refuse or neglect to do any such matter or thing as herein
re<iuired. shall be guilty of a misdemeanor.
Sec 33. That the commissioners of said county shall have super- Bridges,
vision and control of the bridges of said county, the location, con-
struction and maintenance and repair of the same, and may let
such contracts and do all such things in connection with the con-
struction, maintenance and repair of said bridges as are con-
sistent with the best interest of said county of Randolph and will
best subserve the interest of the traveling public : that for building Funds for
and repairing bridges the county connnissioners are authorized "^'"*^'^^-
to use any special funds on hand in the county treasury except
school funds, and when this is exhausted they are authorized
to use the general county fund.
Sec 34. That with the view of getting a proper grade in laying Employment of
out or widening any public road, as provided in this act, the Inglnee/ °^
authorities herein authorized to lay out and locate the same may
employ a competent surveyor or engineer, who shall be paid by
the county for his services out of the general county fund or of
the funds due the township in which the services are performed,
in their discretion.
936
1909— Chapter 567—568.
Roads forming
township bound-
aries.
Proviso: roads
forming county
line.
Sec. 35. That where au.v road forms a boundary between any
two townships or any township and another county the said board
of road trustees are authorized and empowered to make arrange-
ments with the proper authorities of such other township or other
county in regard to worlving and maintaining the same: Pro-
vkled, any township in Randolph County shall not bear more
than one-half the expenses of working and maintaining any
county-line road.
Sec. 36. This act shall be in force and effect whenever the
Board of Commissioners of Randolph County shall adopt the
same at a regular meeting of said board.
Ratified this the 5th day of March, A. D. lOOD.
CHAPTER 568.
AN ACT TO PROVIDE FOR THE ISSUING OF BONDS AND
LEVYING A SPECIAL TAX FOR BUILDING A TOLL
BRIDGE AND WORKING THE ROADS IN BOONVILLE
TOWNSHIP, YADKIN COUNTY.
Levy of special
tax directed.
Rate.
Years.
Collection.
Bridge and road
funds.
Appropriation of
proceeds for toll
bridge.
Limit of cost.
Trustees named.
Duties of
trustees.
The General Assemhly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Yadkin
County are hereby authorized and directed to levy a special tax
of not more than twenty cents on the hundred dollars valuation
and sixty cents on the poll for the years one thousand nine
hundred and nine, one thousand nine hundred and ten, one thou-
sand nine hundred and eleven, one thousand nine hundred and
twelve, one thousand nine hundred and thirteen, one thousand
nine hundred and fourteen, one thousand nine hundred and fifteen,
one thousand nine hundred and sixteen, one thousand nine hundred
and seventeen and one thousand nine hundred and eighteen, to
be collected by the Sheriff of Yadkin County as other taxes, said
taxes to be collected from all property and polls of Boonville
Township, in the county of Yadkin, and to be known as bridge
and road funds of Boonville Township.
Sec. 2. That the proceeds of said tax shall first be used for the
purpose of building a toll bridge across the Yadkin River at or
near Crutchfield, at a point to be selected by trustees hereinafter
appointed, the said bridge and approaches thereto not to cost over
eight thousand dollars ($8,000) and the bridge shall be built of
iron or steel.
Sec. 3. That T. L. Hayes, F. W. Day and A. S. Speer are hereby
appointed trustees of the said funds and bridge; and it shall be
the duty of the said trustees to contract for and superintend the
erection of said bridge and the spending of said funds on the pub-
1909— Chapter 568. 937
lie roads of Boouville Township, if tliere be a surplus after con-
structing tlie bridge as aforesaid, and audit all claims for the ex-
pending of said funds ; to employ a keeper of said bridge and fix Appointment and
his salary, to make rules and regulations concerning the opera- of^f^nds^ receiver
tion of said bridge, to appoint a receiver of said funds and fix
his salary, not to exceed two and one-half per cent of said funds.
Sec. 4. That the receiver of the funds herein provided for shall Term of receiver.
hold his office at the discretion of the trustees, and shall, before Bond,
receiving any of said funds, file a bond in the amount prescribed
by the said trustees, which bond shall be filed and approved as
the county treasurer's bond. It shall be the duty of the said Settlements.
receiver to make settlement with said trustees as often as they
may call for the same and at least once every twelve months.
Sec. 5. That the board of trustees shall fix the rate of toll, to Toll rates.
be approved by the county commissioners.
Sec. 6. That the county commissioners of the county of Yadkin Appropriation
and the county of Surry may in their discretion pay the sum of fu°™s*^°'^'^''^
five hundred dollars each for the erection of said bridge out of
the general funds of said counties: Provided, that after the tolls Proviso: bridge
received from said bridge shall reimburse said Boonville Township retabursement of
for the taxes paid, the bridge shall be made toll-free to the pub- township.
Jic.
Skc. 7. That it shall be the duty of the county commissioners of Bond issue
Yadkin County to issue bonds in the sum of eight thousand dol- Amount^'^'
lars, in the name of Boonville Township, bearing interest not interest.
exceeding 6 per cent, payable annually, said bonds to be payable Maturity.
on or before January first, one thousand nine hundred and nine-
teen, which bonds shall be used in the erection of said bridge. Bonds used for
and any surplus to be applied to the maintenance of the public erection of bridge.
ourpius.
roads in said township.
Sec. 8. That the receiver shall receive all moneys herein pro- Duty of receiver.
vided to be raised, and pay the same to the discharge of said bonds
and interest, under the direction of said trustees or their succes-
sors, and shall take proper receipt for the same.
Sec 9. That the said special tax shall be made out with the Taxes kept
State and county taxes and receipted for on same receipt, but separate,
shall be kept separate when collected, and paid over at once to
the receiver as the treasurer of said funds.
Sec. 10. That after the said bonds have been paid off and fully Surplus after
satisfied, any surplus then remaining in the hands of the said road' fund "*^^ ^°
receiver shall be used by said trustees on the public roads of
Boonville Township.
Sec. 11. That the said trustees shall hold their office for a term Term of trustees.
of two years and until their successors are elected, which sue- Election of
cessors shall be elected by the Board of Supervisors of Boon- successors.
ville Township at their regular meeting in August, one thousand
nine hundred and eleven, and biennially thereafter.
938
1909— Chapter 568—569.
Power to con-
demn lands.
Ratification of
to be voted on
Call of election
Law governing
election.
Question sub-
mitted.
Tickets.
Sec. 12. That the trustees hereinbefore appointed shall have the
same power to condemn lands for a bridge and necessary keeper's
house as is provided for corporations under chapter sixty-one of
the Revisal of North Carolina of one thousand nine hundred and
five.
act Sec. 13. That this act be in full force and effect from and after
its ratification, provided a majority of the votes cast at an elec-
tion hereinafter provided for shall be for tax and bonds ; that
the county commissioners of Yadkin County shall call an election
to be held in Boonville Tov^aiship, at a time to be named by
said trustees hereinbefore appointed under the rules and regula-
tions governing the election of members of the General Assembly,
at which election there shall be submitted to the voters of Boon-
ville Township the question of levying the special tax and issuing
the bonds provided for in this act. Those voting for shall vote
a ticket on which is written or printed the words "Tax and
Bonds," and those voting against shall vote a ticket on which
shall be written or printed the words "No Tax or Bonds" ; and
that if a majority of said votes shall be for "Tax and Bonds,"
this act shall be in full force and effect; if a majority shall be
against "Tax and Bonds," this act shall be null and void.
Sec. 14. That this act shall be effective from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 569.
AN ACT TO AMEND SECTION 1500, CHAPTER 28 OF THE
REVISAL OF 1905, RELATIVE TO THE TERMS OF SU-
PERIOR COURT FOR HERTFORD COUNTY AND TIME FOR
HOLDING THE SAME, AND TO REPEAL CHAPTER 76,
PUBLIC LAWS OF 1905. AND CHAPTER 49, PUBLIC LAWS
OF 1907, RELATIVE THERETO.
Terms of court.
Jurors for first
week.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand five hundred and six.
chapter twenty-eight of the Revisal of one thousand nine hundred
and five, be and the same is hereby amended by striking out all
after the words "Hertford County," in second district, down to
"third district," and inserting in lieu thereof "first Monday before
the first Monday in March, to continue for one week ; seventh
Monday after the first Monday in March, to continue for one
week; sixth Monday after the first Monday in September, to
continue for two weeks, unless sooner adjourned by the court."
Sec 2. That the jurors of the first week of said two-weeks term
shall not be required to serve as regular jurors longer than the
1909 — Chapter 569 — 570.
939
first week, unless engaged in the trial of an action that goes over
into the second week, and on the determination of any such action
they shall be discharged.
Sec 3. That the county commissioners of said county shall draw jurors for second
fifteen extra jurors to serve as jurors during the second week
of said court, but when in their opinion the business of the court
does not require a second-week term they are hereby authorized
not to draw a jury for the second week of the said October term
of court herein provided for.
SEC 4. That Should said jurors for the second week be drawn Jurors not to
by the commissioners, as above provided, and the court shall.
on Friday of the first week of said October term, cause announce-
ment to be made at the courthouse door that no court will be
held during the second week of said term, then the jurors sum-
moned for jury service for said second week shall not be required
to attend and shall not be entitled to any pay.
Sec 5 That chapter seventy-six (76), Public Laws of one thou- Repealmg clause.
sand nine hundred and five, and chapter forty-nine (49), Public
Laws of one thousand nine hundred and seven, as well as all
other laws and clauses of laws in conflict with this act are hereby
repealed. „ ^ ^^
Sec. 6. That this act shall be in force and effect from and attei
its ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 570.
AN ACT TO PROTECT GAME AND FISH IN BUNCOMBE
COUNTY.
The General AssemUy of North Carolina do enact:
SECTION 1. That section three of chapter eight hundred and Former law
seventy-seven of the Public Laws of one thousand nine hundred
and seven be and is hereby amended by striking out all of said
section after the word "birds," in line three thereof.
SEC. 2. That it shall be unlawful for any person or P<-^^-«^i'^f; P^,°S" £ouse
kill, trap or in anywise destroy any pheasants, grouse or wild ^nd wild turkeys.
turkey for the term of four years.
Sec. 3. That it shall be unlawful for any person to catch, take Open .season for
or destroy in any manner any mountain or rainbow trout except
from the first day of April to the first day of August of each
year; and no person shall at any time take, catch, kill or destroy gze^of flsh to be
any mountain trout less than six inches in length or any rambow .
trmit less than seven inches in length, or take more than twenty- L.nut of number.
five in number of each on any one day.
Sec.. 4. That it shall be unlawful for anyone to kill or in any Close^se^ason for
way destroy any gray or fox squirrels from the first day of March
to the first day of October in each year.
940
1909— Chapter 570—571.
Constables made
game wardens.
Duties.
Tax fee.
Protection for
deer.
Open season.
Proviso: private
parks.
Limit on number
of deer Iciiled.
Misdemeanor.
Punishment.
Misdemeanor.
Punishment.
Application of act,
Sec. 5. That the constable in each township iu said county shall
be and is hereby made a warden for the better enforcement of
the game and fish laws of said county, and it shall be his duty,
ui»on information from any reliable person that any of such laws
have been violated, to swear out a warrant before some justice
of the peace of his township against the person so violating said
law or laws ; and in the case of a conviction there shall be taxed,
iu addition to the costs now taxable in criminal cases, a further
fee of one dollar, which shall be collected as other costs in such
cases, and shall be paid, when so collected, to the constable so
swearing out said warrant.
Sec. 6. That it shall be unlawful to chase with a dog or dogs,
hunt or kill any deer, except that bucks with horns large enough
to be distinctly seen in the woods may be hunted or killed, but
not chased with dogs, between the first day of November and the
thirty-first day of December of each year : Provided, persons who
own private parks, under fence, and have domesticated deer therein
may kill at their option any of their own herds, but not chase
with dogs.
Sec. 7. That no person shall kill in one year more than two
Imcks, and not hunt at night with lights.
Sec. S. That any person violating the provisions of this act
shall be guilty of a misdemeanor, and upon conviction shall be
fined not less than ten dollars nor more than fifty dollars or
imprisoned thirty days. This section shall only apply to sections
six and seven of this act.
Sec. 9. That any person violating this act, except sections six
and seven, shall be guilty of a misdemeanor and punished and
fined not less than two dollars and fifty cents nor more than
fifty dollars or imprisoned thirty days.
Sec. 10. That this shall apply only to Buncombe County.
Sec. 11. That this act shall be in force from and after its ratifi-
cation.
Ratified this the .5th day of March, A. D. 1909.
CHAPTER 571.
AN ACT TAXING DOGS IN WAKE COUNTY AND MAKING
THEM SUBJECTS OF LARCENY.
License tax on
dogs.
To be listed.
Stealing licensed
dogs larceny.
The General Assembly of North Carolina do enact:
Section 1. That any person or persons owning or keeping a dog
must pay annually on each dog so kept a license or privilege tax
of one dollar on each dog, male or female. The taxes shall be
listed at the same times and places as personal property is listed.
Sec. 2. That any person who shall feloniously take, steal and
carry away any dog upon which a license tax has been paid, as
hereinbefore provided, shall be guilty of larceny.
1909— Chapter 571—572. 04-1
Sec. 3. That said tax shall be paid to the Sheriff of Wake Payment of tax.
County, as provided for the payment of other taxes.
Sec. 4. The net proceeds raised from the collection of said taxes Proceeds to use of
shall be turned over to the Treasurer of Wake County, to the ^"^ ""' '
use of the board of road trustees of the various townships, or.
when requested, to the treasurer of the board of township trus-
tees. Said fund shall be distributed among said townships in
proportion to the number of license taxes paid in each : Pro- Proviso: proceeds
^ , . , ™ , . , ,, , , -.in Raleigh town-
VI (led, the net proceeds raised m Raleigh Township shall be turned ship.
over to the Treasurer of Wake County, to the use of the public
schools of said county.
Sec. 5. Any person failing to list any dog as required by this Failure to list
act shall be guilty of a misdemeanor, and upon conviction shall melTnor.
be fined not less than five dollars and not more than ten dollars Pinnshment.
or imprisoned not more than thirty days.
Sec. 6. That this act shall apply to Wake County only. Application of act.
Sec 7. That all laws or sections of laws in conflict herewith are
hereby repealed.
Sec S. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 572.
AN ACT TO PROTECT DEER IN THE COUNTIES OF CI'M-
BERLAND, HARNETT AND GREENE.
The General Assembly of North Carolina do enact:
Section 1. That for a period of three years from the ratifica- Protection for
tion of this act it shall be unlawful for any person or persons to * ^^^ years.
hunt, either with dog or gun, by night or by day, or in any way
or manner hurt, injure, harass or annoy any deer in the counties
of Cumberland, Harnett and Greene.
Sec. 2. Any person violating the provisions of this act shall Punishment for
be fined not less than fifty dollars nor more than one hundred ^■'o''''tion of act.
dollars or imprisoned not less than thirty days nor more than six
months, or both, in the discretion of the courts.
Sec. 3. The possession of the carcass of any deer or any part possession of ear-
thereof shall be prima facie evidence that the person or persons facie "evfd^nce""^^
having possession of the same has or have been the slayer or
slayers thereof.
Sec 4. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
942
1909— CHArTER 573—574.
CHAPTER 573.
AX ACT TO FIX THE COMPENSATIOX OF COUNTY COM-
MISSIONERS IN WAKE COUNTY.
Per diem and
mileage.
The General Assembli/ of North Carolina do enact:
Section 1. That the members of the Board of Commissioners of
Wake County shall be allowed for their services in attending the
meetings of said board, and for attending committee meetings ap-
pointed by said board to transact the business of the county, and
for each day's service while engaged on said committee in the
transaction of county business, and for special and called meeting.s
of said board, four dollars per diem and mileage at five cents per
mile, to be charged once only at each meeting, for the distance
necessarily traveled in going and coming.
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 ratifica-
tion.
Ratified this the 5th day of March, A. D. 190D.
CHAPTER 574.
AX ACT TO AMEND CHAPTER 70.3 OF THE PUBLIC LAWS
OF 1905, AND ALSO CHAPTER 942 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE SALARIES OF THE OFFICERS
OF BUNCOMBE COUNTY.
Exception.
Salary of con-
stable.
Salary of deputy
register of deeds.
Allowance to clerk
and sheriff for
stenographer.
County commis-
sioners to provide
for deputies,
clerks and assist-
ants.
The General Assembly of North Carolina do enact:
Sectiow 1. That section one of chapter seven hundred and three
of the Public Laws of one thousand nine hundred and five be
amended by striking out, in line three, the words "and the consta-
ble of Asheville Township."
Sec 2. That section ten of said chapter seven hundred and three
is hereby repealed.
Sec .3. That section nine of said chapter seven hundred and
three is hereby amended by striking out all of said section after
the word "services," in line three.
Sec 4. That sections three and four of chapter nine hundred
and forty-two of the Public Laws of one thousand nine hundred
and seven are hereby repealed.
Sec 5. That the Board of County Commissioners of said Bun-
combe County are hereby authorized and empowered to provide for
such deputies, clerks or assistants as in their opinion may be nee-
1909— Chapter 574 — 575. 943
ossary for the sherifE, clerk of the Superior Court and register of
decfls of said county, and they are hereby authorized and empow-
ered to pay such deputies, clerks or assistants such sums of money
AS in their opinion may be proper and just, and it shall be the
duty of said board to prescribe the duties of such clerks, deputies
and assistants.
Sec. 6. "That the Board of Commissioners of Buncombe County County commis-
:u-e hereby vested with the power and authority to adopt any |c°fbeVstem'for
method or .system which they may think best for the collection of collection of fees.
all fees or licenses required bj- law, to be paid to the clerk of the
Superior Court and the Register of Deeds of Buncombe County, and
they are hereby vested with the power and authority to require
said fees to be paid to such person as they may direct, and the
fees so paid to such person shall be by him paid to the Treasiirer
of Buncombe County, as is now required bj' law.
Sec. 7. That said board of county commissioners are hereby Additional duties
vested with the power and authority to require the treasurer of audito^^"'^^'^ ^"
said Buncombe County and the auditor of said Buncombe County
to perform such other and additional duties for said county to
those now required of them, provided such other duties and serv-
ices shall not be inconsistent with their present duties and services.
Sec. 8. That until said board shall, by resolution, adopt a differ- System of coUec-
ent method or system for the payment and collection of the fees continued'." "*^
and licenses herein authorized, the method and system now in use
and authorized by law for the collection of fees and licenses shall
prevail in said county.
Sec. 9. That all laws and clauses of laws in conflict with any
of the provisions of this act are hereby repealed.
Sec. 10. That this act shall be in force from and after its ratifi-
cation.
Ratified this the rAh dav of March. A. D. 1909.
CHAPTER 575.
AX ACT TO PROTECT GAME BIRDS, WILD FOWL AND
OTHER GAME IN DAVIE COUNTY.
The General Assembly of North CaroUna do enact:
Section 1. That it shall be unlawful for any person or persons Close season,
to hunt with a gun, shoot, kill, trap or in any manner whatsoever
kill or destroy partridges or quail in the county of Davie between
the first day of February and the fifteenth day of December in
each and every year.
Sec. 2. That it shall be unlawful for any person or persons to Netting birds and
net partridges or quail in any manner in Davie County, or to de- unfawfuL^ ^^^^
stroy the eggs of partridges or quail in said county.
944
1909— CHArTER 575—576—577.
Protection of wild
turkeys.
Protection of
foxes.
Misdemeanor.
Punisliment.
Application of act.
When act
effective.
Sec. 3. That it shall be unlawful for any person to trap, shoot,
kill or in any manner destroy wild turkeys or their eggs in said
county.
Sec. 4. That it shall be unlawful for any person to trap, shoot,
kill or in any manner destroy foxes in said county, except by chas-
ing the same with dog or dogs.
Sec 5. That any person violating the provisions of either sec-
tion of this act shall be guilty of a misdemeanor, and upon convic-
tion shall be fined or imprisoned in the discretion of the court.
Sec 6. That this act shall apply only to Davie County.
Sec 7. That this act shall be in force from and after the first
day of March, one thousand nine hundred and nine.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 576.
AN ACT TO PROHIBIT THE SALE OF WINE WITHIN THREE
MILES OF PLEASANT HILL CIILRCH AND MILLER HILL
SCPIOOLHOUSE, IN BUNCOMBE COUNTY.
Prohibition.
Misdemeanor.
Punishment.
Application of act.
When act
effective.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or
corporation to sell any wine made from grapes, in any quantity,
within three miles of Pleasant Hill Church or Miller Hill School-
house, in Buncombe County.
Sec 2. That anyone violating the provisions of this act shall
be guilty of a misdemeanor and fined not over fifty dollars nor
imprisoned over thirty days.
Sec 3. That this act apply only to Buncombe County and not
to go into effect until August first, one thousand nine hundred and
nine.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 577.
AN ACT TO AMEND SECTION 2778. RE VI SAL OF 1905, RE-
LATING TO THE FEES OF THE TREASURER OF DARE
COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That section two thousand seven hundred and sev-
enty-eight of the Revisal of one thousand nine hundred and five be
amended by striking out all after the word "Provided" in line
eight, down to the word ''Provided," in line eleven, and inserting
1909— Chapter 577—578. 945
in lieu of such proviso the following: "That in counties where the Commissions
.^^1 i- J. J4.T1J1 allowed treasurer,
treasurers total compensation cannot exceed two hundred and
fifty dollars per annum the treasurer may, in the discretion of the
board of county commissioners and of the board of education, as
to the school fund, be allowed a sum not exceeding two and one-
half per cent on his receipts and not exceeding two and one-half
per cent on his disbursements of all funds handled by him."
Sec. 2. That the compensation allowed by virtue of the provi- Limit on total
sions of the foregoing section one shall not be operative to give a compensation,
total compensation in excess of two hundred and fifty dollars per
annum to such treasurers.
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 this the 5th day of March, A. D. 1909.
CHAPTER 578.
AN ACT TO AMEND CHAPTER 28, SECTION 1506, REVISAL
OF 190.5, AND TO FIX THE TIME FOR HOLDING COURTS
IN SAMPSON COUNTY.
The General Assembly of N07-th CaroUna do enact:
Section 1. That so much of section one thousand five hundred
and six, chapter twenty-eight of the Revisal of one thousand nine
hundred and five, as relates to the holding of the courts of Samp-
son County, be and the same is hereby repealed and the following
be inserted in lieu thereof, to-wit : "That the terms of the Supe-
rior Court for Sampson County shall be held as follows : The Terms of court,
fourth Monday before the first Monday in March, to continue for
two weeks ; the eighth Monday after the first Monday in March,
to continue three weeks, the last two weeks for the trial of civil
causes only ; the sixteenth Monday after the first Monday in March,
to continue one week, for the trial of civil causes only ; the eighth
Monday before the first Monday in September, to continue one
week ; the fourth Monday before the first Monday in September,
to continue two weeks, for the trial of civil causes only ; the sev-
enth Monday after the first Monday in September, to continue two
weeks."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
Pub.— (JO
946 1000— Chapter 570—580.
CHAPTER 579.
AX ACT TO FIX THE COMPENSATIOX OF THE SHERIFF
OF WAKE COUXTY.
The General Assemhiy of yorth Carolina do enact:
Commissions SECTION 1. That the Sherift of Wake County, iu lieu of the
allowed.
commissiou allowed him uuder section niuetj'-oue of chapter two
hundred and fifty-eight of the Laws of one thousand nine hundred
and seven, shall receive four per cent commission on all taxes,
licenses and privileges collected for State, county, township, school
district and other purposes whatsoever.
Sec. 2. That all laws and clauses of laws in conflict herewith
are hereby repealed, iu so far as they relate to Wake County.
Sec. 3. This act shall be iu force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. UKK).
CHAPTER 580.
AX ACT TO ESTABLISH POLICE REGULATIOXS AT MOXEY
ISLAXD BEACH. BOGUE BAXKS. CARTERET COUXTY.
The General Assemhli/ of XortJi Carolina do enact:
Duties and powers SECTION 1. That it shall be the dutv of the sheriff or deputy
of sheriff or ,. ■..,■,
deputy. sheriffs of Carteret County livuig and residing at Money Island
Beach, on Bogue Banks, in said county, or those appointed by the
Sherifi: of Carteret County for that section of said county iu which
Money Island Beach is situated, and he or they shall have power
and authority to suppress all disturbances of the quiet and good
order of and at said Money Island Beach, and to an-est all of-
fenders against the same, and to prevent as far as possible all
Injury to property on said beach and on the above-mentioned
Power to summon iDremises. Said sheriff or deputy sheriffs shall have authority
and power, if resisted iu the execution of his or their official duty,
to summon a sufficient number of men to aid him or them iu
Report of persons enforcing the law ; and if any person so summoned shall refuse
re ubmg. ^^ assist, the said sheriff or deputy sheriffs are hereby required to
report the name of said person to the proper authority, to the
Power to enter end that he may be dealt with as the law directs. Said sheriff or
hous°es!^^^ ^'^^ deputy sheriffs shall have power to enter the enclosure and house
of any person on the aforesaid premises, without warrant, when
he or they have good reason to believe that a crime or felony
has been or is about to be committed, for the apprehension of
any person so offending, and if necessary to summon a posse to
1909— Chapter r)80— 581. 917
aid him or tliem, aud all persons so summoned shall have like
authority to enter and arrest. Any person arrested by said sheriff Persons arrested
, ,, ^- 1 1 1 to have speedy
or deputy sheriff for any offense shall as soon as practicable be tj-iai.
taken before some justice of the peace of Carteret County, when
and where formal complaint shall be lodged against such person.
as prescribed by law. to the end that such person shall have a
speedy trial and be dealt with as the law directs, and in the mean- Detention pending
time, and until the case is disposed of, such persons so under arrest *"^ •
may be detained and confined in a guardhouse or a calaboose, un-
less bail is given as provided by law.
Sec. 2. Such sheriff or deputy sheriffs shall have the same power Authority as
and authority on said Money Island Beach as policemen in in- P° 'cemen.
corporated cities aud towns of this State have and exercise in
said cities and towns.
Sec. 3. Such sheriff or deputy sheriffs, when on duty, shall wear Badge to be worn.
a metallic shield with the word "Policeman" inscribed thereon.
aud the said shield shall be worn in plain view, except when em-
ployed as detective.
Sec 4 That every person found drunk in any public place on Public drunken-
1 -11 1 „n ^ ness a misde-
said premises, or drunk and staggering along said beach oi walks, meanor.
shall be guilty of a misdemeanor, and upon conviction shall be Punishment.
fined not less than five nor more than twenty-five dollars or im-
prisoned not more than ten days.
Sec 5. This act shall be in force from aud after its ratifica-
tion.
Ratified this the .jtli day of March. A. D. 1900.
CHAPTER 581.
AX ACT TO PROHIBIT THE THROWING OF SAWDUST IN
THE STREAMS OF POLK COT'NTY.
The General Ansemhly of North CaroHna do enact:
Sectiox 1. That it shall be unlawful for the owner, lessee, em- Throwing or per-
,.,.,, 4! mitting sawdust
ployee or any other person, firm or corporation having charge ot ^o go into streams
any sawmill in Polk County to throw the sawdust of such mill or unlawful.
permit the same to go into any streams in said county. Any i)er- Misdemeanor,
sou violating the provisions of this act shall be guilty of a mis-
demeanor, and upon conviction thereof such jierson, firm or cor- Punishment,
poration shall be fined not more than fifty dollars or imprisoned
not more than thirty days.
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 this the 5th day of March, A. D. 1909.
948
1909— Chapter 582—583.
CHAPTER 582.
AN ACT RELATING TO THE SALE OF REAL ESTATE FOR
TAXES IN WAKE COUNTY.
Time for sale of
real estate.
Time for settle-
ment.
The General Assembly of North Carolina do enact:
Section 1. That the Sheriff of Wake County shall be allowed
until the first Monday in June in each year to sell real estate
for taxes.
Sec. 2. That the Sheriff of Wake County shall be allowed until
the second Monday in June in each year to account for and
settle all taxes which by law he is now required to settle not
later than the first Monday in May in each year.
Sec. 3. That all laws and clauses of laws in conflict herewith are
hereby repealed, in so far as they relate to Wake County.
Sec. 4. This act shall be in force from and affer its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 583.
AN ACT ALLOWING THE PEOPLE OF RUTHERFORDTON
TOWNSHIP TO VOTE BONDS FOR THE PURPOSE OF
MACADAMIZING AND AMENDING CERTAIN PUBLIC
ROADS AND STREETS OF SAID TOWNSHIP.
Petition for call
of election.
Call of election
directed.
Proviso: limit of
amount.
Maturity.
Interest.
The General Assembly of North Carolina do enact:
Section 1. Upon petition signed by one-third of the qualified
voters of Rutherfprdtou Township, in the county of Rutherford
and State of North Carolina, being presented to the board of
county commissioners of said county, at any regular meeting of
said board, it shall be the duty of the said board of commission-
ers and they are hereby directed to call an election in the said
township on the question of issuing bonds by the said township for
the purpose of building, amending and macadamizing the public
roads in said township and for macadamizing the streets in the
town of Rutherfordton. The said petition shall state the amount
of bonds to be voted and the term of years for which the same shall
run and the amount of interest to be paid: Provided, that author-
ity shall not be given for the issuing of more than sixty thousand
dollars ($60,000) worth of bonds to be used by the said town-
ship for such purpose, and they shall not run for more than
thirty years from the issuing thereof, and shall bear no greater
rate of interest than five per cent per annum, payable semi-
annually.
1909— Chapter 583. 949
Sec. 2. Upon the petition being filed, as set forth in the preced- Countj^ commis-
ing section, it shall be the duty of the said board of commissioners |iecUon.° ""^ ^^
to order the said election and to also order a new registration of New registration.
all voters within the said township for the purpose of the said
election, and shall appoint one registrar and two judges, which Appointment of
registrar and judges shall proceed to register the voters and hold judges.
the said election and count the votes cast thereat under the same Law governing
rules and regulations as prescribed by the general law for holding election.
the election of the members of the General Assembly of the State
of North Carolina, which order of election shall be published at Publication of
least once a week for four successive weeks preceding the said °^'^^^-
election in some newspaper published in the county of Rutherford.
Sec. 3. At the said election those who are in favor of bonds Ballots,
shall cast a ballot upon which shall be plainly written or printed
the words "For Good Roads," and those who are opposed to bonds
shall cast a ballot upon which shall be plainly written or printed
the words "Against Good Roads" ; and the said judges and Count of votes
registrar shall count the ballots and declare the result as pro- and certificate of
vided by the general law, and shall certify the result thereof to '^^^^^t-
the Board of County Commissioners of Rutherford County, which
shall be filed with the register of deeds of said county on the day
following the said election. If a majority of the qualified voters
of the said township shall cast their votes at the said election
"For Good Roads," then it shall be the duty of the said board of
commissioners to issue bonds up to the amount specified in the
petition and order of election, under the rules and regulations
hereinafter prescribed ; but if the majority of the qualified voters
shall fail to cast their votes "For Good Roads," then it shall not
be the duty of the said board of commissioners to issue bonds.
Sec. 4. That in the same order made by the board of commis- Election of
sioners calling the said election it shall be their duty to order t^^^tees.
that five discreet persons shall be elected at the same time that
the question of bonds is voted on, and who shall be known and
designated as the Board of Trustees of Rutherfordton Township.
The said road trustees shall be voted for in a separate box, and Separate box.
each person voted for shall have his name written or printed on a
ticket with the words "For Road Trustees," and the five persons
receiving the highest number of votes shall be declai'ed to be
duly elected as the board of trustees for said township ; and Determination of
should any of the persons receiving the highest number of votes '^^'
be a tie, and the judges and registrar are thereby unable to
determine the one elected, it shall be the duty of the registrar
and 'judges to decide the matter by chance, and shall certify to Certificate of
election
the board of commissioners who the five persons are composing the
board of trustees ; and if a vacancy occurs in the said board, by Vacancies.
death, resignation or otherwise, said vacancy shall be filled by
other members of the board.
950
1909— Chapter 583.
Duty of trustees.
Proviso: treasurer
to give bond.
Proviso: compen-
sation of treasurer.
Road orders.
Monthly accounts.
Final account.
Failure to render
or require
accounts a mis-
demeanor.
Punisliment.
Treasurer liable to
penalty.
One-half of
penalty to person
suing.
Duty of trustees
as to roads.
Streets in Ruther-
fordton.
Sec. 5. It shall be the duty of the board of trustees to direct
the said board of county commissioners iu what denominations
the said bonds should be issued, what term to run and what in-
terest to bear, and to sell the said bonds for cash and to turn over
the same to a treasurer, to be elected by them, who may or may
not be one of their number : Provided, that no money shall be
turned over to said treasurer until he shall have given bond in a
sum to be tixed by the said board of trustees, but in no event
less than the amount of money turned over to said treasurer':
Provided further, the said treasurer shall receive such amount
for all of his services as such treasurer as the said board of trus-
tees shall fix, but not to exceed one-half of one per cent of all
moneys that may come into his hands as such treasurer, except
the said board of trustees may make an order that he may .ij;ive
bond in some surety company, to be paid out of said funds.
Sec. 0. The said treasurer shall not pay out any of the said
funds except upon order of the said board, duly attested by the
chairman and secretary thereof, and shall render a monthly ac-
count in detail to the board of trustees, which account shall be
itemized, giving the name of every person or corporation to whom
he has paid money, upon what order and for what purpose paid,
which account shall be verified; and when the fund shall have
been disposed of, the said treasurer shall render a final account,
itemized and verified as stated above; and if the said final account
shall be approved by the said board of trustees it shall be the duty
of the board to order their secretary to endorse on the said final
account the word "Approved" and the day when approved, and
shall cause the same to be recorded in the "record of official
accounts" in the register's office in Eutherford County; and if the
said treasurer shall fail or refuse to render any of the said ac-
counts as above set out, and if the board of trustees shall neglect
or refuse to require the said treasurer to render any of the said
accounts in accordance with the specifications of the section, they
shall be guilty of a misdemeanor, and upon conviction shall be
fined or imprisoned, or both, iu the discretion of the court ; and,
further, the said treasurer, upon so falling to render said account
as herein specified, shall be liable to a penalty of two hundred
dollars, one-half of which will go to the person suing for the
same.
Sec 7. It shall be the duty of said trustees to take charge of,
grade and macadamize all the public roads in the said township
specified in the petition and order of election referred to in sec-
tion one of this act, and to lay off new roads and make such amend-
ments on the old roads specified in the petition and order of elec-
tion of board of commissioners as in their discretion they may
deem necessary or which may have been specified in said petition
and order of election ; and it shall also be their duty to macadamize
such streets of the town of Rutherfordton as are specified in the
I
1909— Chaptek 588. 951
petition and order of election; shall also specify the depth and
width of the macadam to be put down on the said streets by the
said trustees; and it shall be the duty of the said board of trus- Meetings.
tees to meet in regular session at least once every month, and
special meetings may be called at any time for special purposes,
either by the chairman or three members of the board. In order Engineer and road
to carry out the work imposed upon the said board of trustees superintendent.
by this act, they shall have the right to employ an engineer
and also a road superintendent. The duty of the superintendent Duty of superin-
,, ^, , ,.,.,. tendent.
shall be to supermtend and oversee all the work which is being
done under the direction of the board of trustees, and the board Road macliinery.
may purchase such road machinery or rock crusher or other ma-
chinery as they may deem necessary : Provided, that the salary Proviso: salary of
of the said superintendent shall not exceed four dollars per day supemitendent.
for the time actuallv engaged in work: Provided fnHhei', that the Proviso: trustees
' . " ^ i, . - to receive no pay.
trustees shall not receive any pay for their services.
Sec. 8. If the said board of trustees shall decide, either upon the Procedure for
petition from citizens of said township or upon its own motion, g'^t'abfisliing road.
to build a proposed road, it shall make an order to that effect and
shall appoint a committee of three members of the said board of
trustees to lay out and establish the said proposed road, which
committee shall make its report to the said board, and upon the
said report being adopted the said board shall then make an order
that the said proposed road shall be opened up and built from
the funds derived from the sale of the said bonds : Provided, that Proviso: pro-
, , -, ^, . -, -, 1111- cedure for assess-
it any citizen over whose lands the said road may run shall claim j^ent of damages.
damages the said board shall cause the sheriff to summon a jury
of three good and lawful men to view the premises and assess the
damages, if any ; and if the board of trustees or the landowner Right of appeal.
shall be dissatisfied with the decision of the said jury, either party
shall have the right to appeal to the Superior Court on the ques-
tion of damages, but in no event can any person receive any Limit of damage.
more damage than the land taken by the said road is worth
at a fair valuation per acre: Provided further, that neither the Proviso: pay of
said committee nor jury shall receive more than two dollars per j^u"™'"^^ '^"'^
day for each member of said committee or jury for the time
actually engaged in laying out the said road.
Sec. 0. It shall be the duty of the Board of Commissioners issuance of bonds.
of Rutherford County to issue the bonds provided for in this
act. up to the amount voted in said election, upon the request
of the said board of road trustees for Rutherfordton Townshij),
in such denominations, to run such time and to bear such interest
as the said board of trustees may direct, which bonds shall be Authentication.
signed by the chairman of the Board of County Commissioners
of Rutherford County and attested by the secretary of said board
and the county seal of Rutherford County affixed thereto : Pro- Proviso: limita-
vided, hotcever, that the limitations prescribed in the first section g^°ved° ^^ °^'
of this act must be observed in the issuing of said bonds.
952
1909— Chapter 583—584.
Special tax.
Investment of
sinking fund.
Cancellation of
bonds.
Record of can-
cellation.
Treasurer to keep
separate record.
Pay of treasurer.
Proviso: consti-
tutional equation
Issue of part or
all of bonds may
be voted on.
Subsequent
elections.
Subsequent
elections if bonds
not voted.
Sec. 10. When the said board of commissioners shall have is-
sued any of the bonds provided for in this act it shall be the
duty of the said board annually thereafter, on the first Monday
in June, to levy a tax on all property and polls subject to taxation
for State purposes in the said township sntficient to pay the inter-
est on the bonds so issued as the same may become due, and to
create a fund sufficient, upon the maturity of the bonds, to pay
the principal thereof; and the said sinlving fund shall be used
from time to time as it accumulates in the purchase of the bonds
so issued, and if the said bonds cannot be purchased, then the
said sinking fund shall be safely invested by the board of county
commissioners in interest-bearing securities. All bonds purchased
by the use of said sinking fund shall be canceled and destroyed,
and a record of the numbers of the bonds so canceled and de-
stroyed and the date of their destruction shall be kept ; and the
money collected for paying the interest on the bonds and creating
the sinking fund shall be paid to the treasurer of the county of
Rutherford, who shall keep a separate record thereof, and his
official bond shall be liable therefor, and he shall be allowed for
his services such compensation as the board shall fix, not exceeding
one-half of one per cent : Provided, hoioever, that the constitu-
tional equation between the property and the poll be at all times
observed in such levy.
Sec. 11. The citizens of the said township shall have the right
to petition for and require an election on the whole sixty thou-
sand dollars' worth of bonds provided for in this act, or for any
part of the same, and having voted any part of the said bonds
will not prevent the holding of another election or elections until
the whole sixty thousand dollars of bonds have been voted ; and if
there shall be an election held under the provisions of this act,
and the majority of the qualified voters shall fail to vote bonds,
it shall not be a bar to the holding of another election or elections
under the said act upon a new petition being filed under the pro-
vision herein contained for the filing of petition for election here-
under.
Sec. 12. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 584.
AN ACT TO CREATE A CRIMINAL TERM OF COURT IN
DUPLIN COUNTY.
Criminal term to
be opened and
held.
Date of term.
The General Assembly of 'North Carolina do enact:
Section 1. That hereafter there shall be opened and held a crim-
inal term of the Superior Court for the county of Duplin, to be
begun on the ninth Monday before the first Monday in September
in the year one thousand nine hundred and nine, and on the ninth
1909— Chapter 584 — 585. 953
Monday before the first Monday in September in each year there-
after, lasting one weelj, for the trial of criminal cases only ; that Jurisdiction,
the said criminal term of the Superior Court shall have jurisdic-
tion to try all criminal actions over which the superior criminal
courts now have jurisdiction, either on indictment or by appeal
from magistrates, and that the grand jury shall be drawn and Grand jury.
sworn as other grand juries and act on the bills of indictment as
other grand juries.
Sec. 2. That the commissioners of Duplin County shall draw Comniissioners to
from the jury box the names of thirty-six men to serve as grand ^^^ ^^^^-
jurors and petit jurors at the said July term of court, and said Sheriff to summon
commissioners shall cause the Sheriff of Duplin County to summon
said jurors.
Sec. 3. That all criminal processes shall be made returnable to Process returnable
said criminal court, but that no civil process shall be made re-
turnable to said term of court.
Sec. 4. That the term of the Superior Court of Duplin County Term made civil
now begun on the first Monday before the first Monday in Septem- ^^™ ° ^'
ht'v in each year shall be changed from a criminal and civil term
of court to a civil term of court only, and that hereafter only civil Process return-
process, including civil summons and civil subpoenas, shall be made
returnable to said term of court, and that at said term of court
nothing but civil causes of action shall be tried ; and that the com- Drawing and
• • £ -r^ 1- /-I J. 1 11 i u 1 £ ii • summons of jury.
missioners of Duplm County shall cause to be drawn from the jury
box the names of eighteen persons, who shall serve as petit jurors
for said term, and said commissioners shall cause the Sheriff of
Duplin County to summon said jurors ; that the said civil tei'm of Jurisdiction.
court mentioned in this act, held on the first Monday before the
fir.st Monday in September in each year, shall have all the civil
jurisdiction now given to the Superior Courts of the State of North
Carolina.
Sec. 5. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 0. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 585.
AN ACT TO PROVIDE FOR THE BETTER REGULATION OF
THE OYSTER INDUSTRY.
The General Asftembly of North Carolina do enact:
Section 1. That section two thousand four hundred and three,
Revisal of one thousand nine hundred and five, be amended as fol-
lows : Strike out all of said section after the word "bond," in line
sixteen, and insert the following in lieu thereof: "The salary of nTissioner.
Salary of com-
954
1909— Chapter 585.
Salary of assistant
commissioner.
Proviso: employ-
ment of
inspectors.
Proviso: inspect-
ors at Coin jock
and South Mills.
Section enumerat-
ing duties of com-
missioner.
Powers and duties
of oyster com-
missioner.
Monthly reports.
Biennial reports.
Duties of assistant
commissioner.
Crew of patrol
boat and salaries.
Allowance for
expenses.
the commissiouer shall be six huudred dollars per auuum. The
salary of the assistant commissioner shall be fifty dollars per
month, to be paid only during the active oyster season, which shall
not exceed six months in any one year."
Sec. 2. That section two thousand four hundred and four. Re-
visal of one thousand nine hundred and five, be amended by adding
after the word "serve," in the last line of said section, the follow-
ing: "Provided, that no iusi)ectors shall be employed on a regular
salary except at points where there is at least one shucking house
or cannery where the revenue derived therefrom amounts to as
much as twice the amount of the salary ; and at all other points
where inspectors may be employed they shall be engaged upon a
connnission, not to exceed fifty per cent of the revenue collected :
Provided further, that inspectors may be employed at a regular
salary at Coinjock and South Mills."
Sec 3. That section two thousand four hundred and five, lie-
visal of one thousand nine hundred and five, be and the same is
hereby repealed.
Sec 4. The Oyster Commissioner shall have a general supervi-
sion over the oyster industry and see that the laws regulating the
same are properly enforced. He shall prosecute all violations of
the oyster laws, and may employ counsel whenever it is necessary
for this purpose. He shall use the oyster patrol boat in the per-
formance of his duties, and he shall go in person as captain or
commander of said patrol boat and shall visit the various localities
where oysters are caught and points where they are sold ; and he
shall, on or before the tenth day of each month, mail to the Treas-
urer of the State a consolidated statement, showing the amount of
taxes collected during the preceding month and by and from whom
collected. He shall make a biennial report to the Governor, which
shall be transmitted by him to the General Assembly, setting
forth in detail an account of his official acts, showing in detail a
statement of his receipts and disbursements.
Sec. 5. That section two thousand four hundred and six. Re-
visal of one thousand nine hundred and five, be amended by add-
ing at the end of said section the following: "and it shall be his
duty to command the oyster patrol boat and perform the duties
required of the commissioner, when said commissioner is unable
to perform such duties, by reason of sickness or other necessary
cause, and shall at all other times during the oyster season per-
form such duties as the commissioner shall prescribe and require."
Sec. 6. The commissioner may employ as his crew for said pa-
trol boat one engineer, at a salary not to exceed forty dollars per
month during the oyster season, and cook, at a salary not to ex-
ceed thirty-five dollars per month, to be employed and paid only
during the active oyster season, and the said commissioner shall
be allowed a sum not to exceed three hundred dollars for actual
expenses.
1909 — Chapter 585 — 586 — 587.
955
Sec. 7. That section two tbousaud four hundred and nineteen be Purchase tax.
au^euded as follows : Strike out the words "one and one-half,'' in
line three of said section, and insert the word "two" in lieu thereof.
Strike out the words "one-half a," in line five, and insert in lieu
thereof the word "one."
Sec. 8. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 9. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 586.
\N ACT TO PROHIBIT THE FISHING OF CERTAIN NETS IN
' BATH CREEK. BLOUNT'S CREEK, JORDAN'S CREEK,
PUNGO CREEK AND WRIGHT'S CREEK, IN BEAUFORT
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Enumeration of
to use or fish with any drag nets, purse nets, drop nets, fyke nets.
thrash nets or any set or gill nets longer than thirty yards on to])
line, in the waters of Bath Creek, Blount's Creek, Jordan's Creek,
Pungo Creek, Wright's Creek or their tributaries, in Beaufort
County, during the months of March, April, May. June and July Close season.
of each and every year.
Sec. 2. That any person or persons violating the provisions of Misdemeanor,
this act shall be guilty of a misdemeanor, and upon conviction punishment.
fined not exceeding fifty dollars or imprisoned not more than thirty
days for each offense.
Sec. B. That this act shall be in force from and after its ratifi-
cation.
KatifiMl this the 5th day of March. A. D. 1909.
CHAPTER 587.
AN ACT TO PUNISH DRUNKENNESS AND PROFANITY IN
CARTERET COUNTY.
The General Assembly of North Carolina do enact:
. , „ 1 1 „,. Drunkenness and
Section 1. That it shall be unlawful for any person drunken fjrinking in public
with or drinking intoxicants to be found on the streets, imblic ^'.-^Jfj^^.^^'l^^ ^^^j^.
roads or other public places in Carteret County and <li*^t"^"'''"" [^•j,™'^^/^^^f^|^^ ^
the peace by using profane or boisterous language. peace.
956
1909— Chapter 587—588—589.
Misdemeanor. Sec. 2. xVll persons violating section one of this act shall be
Punishment. guilty of a misdemeanor, and upon conviction shall be fined not
less than five dollars nor more than fifty dollars or imprisoned not
to exceed thirty days.
Sec. 3. That this law shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 588.
AN ACT TO INCREASE THE PAY OP JURORS IN ROCKING-
HAM COUNTY.
Regular jurors
and veniremen
accepted.
Talesmen.
Special veniremen
not drawn as
jurors.
The General Assemhly of North Carolina do enact:
Section 1. That the county commissioners of Rockingham
County are hereby authorized at their discretion to fix the pay
of all regular jurors and such veniremen as shall be taken or
accepted in the trial of capital cases, at not more than two dol-
lars per day and mileage, as now provided by law.
Sec. 2. The same pay shall be allowed to special jurors and
talesmen who shall be summoned to serve and do serve, but they
shall not be allowed any mileage or ferriage.
Sec. 3. All persons who are summoned to appear as special
veniremen, who do actually attend and who are not drawn as
jurors, shall be entitled to prove and receive one day's pay of one
dollar each, without mileage.
Sec 4. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 589.
AN ACT TO CONSTRUCT A ROAD IN QUALLA TOWNSHIP,
IN JACKSON COUNTY.
The General Assembly of North Carolina do enact:
Road to be built. Section 1. That the road trustees of Qualla Township, in Jack-
son County, shall lay off and build a road to the best advantage,
Grade. and grade not to exceed six per cent, in Qualla Township, Jack-
Route, son County, commencing at a point in the public road near
Morris Crisp's house and passing over the lands of Morris Crisp,
Alethia House, Milton Sittou and John Bradburn, intersecting
1909— Chaptek 589—590. 957
the main road from Cherokee, in Swain County, to Wilmot, in
Jackson County, at a point at or near the Methodist and Baptist
churches and the Qualla Graded-school House.
Sec. 2. That the said road trustees shall commence, not later Beginning and
than the first day of April, in the year one thousand nine hun- ^ork. ^ '°" °
dred and nine, the construction of said road, and shall have the
same completed, full standard width, so that teams can be driven
over same conveniently, on or before the first day of July in the
year one thousand nine hundred and nine.
Sec 3. That not more than twenty-five dollars ($25) damages Limit of damages.
shall be assessed against the road trustees of Jackson County for
the lands that the road may pass over.
Sec. 4. That if the road trustees shall refuse or neglect to carry Refusal or neglect
out the provisions of this act they shall be guilty of a misdemeanor ^ i"isdemeanor.
and fined or imprisoned in the discretion of the court. Punishment.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 590.
AN ACT TO PROTECT GAME AND FISH IN POLK COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That it shall be unlawful for any person to shoot, Open season.
kill, capture or destroy any quail, partridges, pheasants or wild
turkeys in the county of Polk, except between the first day of
December and the thirty-first day of January of each and every
year.
Sec. 2. That it shall be unlawful for any person or firm to sell Sale or offering for
or offer for sale any of said game birds killed within said Polk dose^l^ason"' '"
County except between the first day of December and the thirty-
first day of January of each and every year.
Sec. 3. That it shall be unlawful for any person to fish with Fishing regulated,
seine or net or to kill with dynamite or other explosives any
fish in any streams in said county.
Sec. 4. That it shall be unlawful for any person to hunt in said Hunting.
Polk County upon the lands of another without the written per-
mission of the owner thereof.
Sec. 5. Any violation of any of the provisions of this act shall Misdemeanor,
constitute a misdemeanor and shall be punished by a fine not Punishment.
exceeding fifty dollars or imprisoned not exceeding thirty days.
Sec. 6. That all laws and clauses of laws relating to Polk County
in conflict with this act are hereby repealed.
Sec. 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
958
1909— Chapter 591—592.
CHAPTER 591.
AX ACT TO ALLOW CONVICTED PRISONERS OF CASWELL
COUNTY TO WORK ON THE COUNTY FARM.
Convicts sen-
tenced to work on
farm.
Provision for safe-
keeping and
guarding.
Grand jury to
visit and report.
The Geueral Assciiibh/ of yorth CarnJlna do enact:
Section 1. That whenever any male person has been convicted
or adjudged guilty in the Superior Court of Caswell County and
the judge holding said court shall impose imprisonment in the
county jail as a part of the punishment, the judge may direct the
said persons so sentenced to be worked for said term by the board
of county commissioners of said county upon the county farm.
It shall be the duty of the board of county commissioners to make
adequate provision for the safe-keeping and guarding of said
prisoners, and it shall be the duty of grand juries of said county
to visit and report to each term of court upon the management and
working of the prisoners under this act.
Sec. 2. This act shall be in force from and after its ratitication.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 592.
AN ACT TO PRESCRIBE THE MANNER OF ELECTING THE
BOARD OF COMMISSIONERS FOR THE COUNTY OF TYR-
RELL.
Preamble. Whereas the board of commissioners for the county of Tyrrell
consists of five members under existing laws, and there are only
five townships in said county and so remote from each other as to
render it advantageous that each township be represented on said
board by a commissioner chosen by the duly qualified electors of
each township ; and whereas each of said townships desires to
have a representative on said board chosen by the qualified elec-
tors of each township, which said commissioner shall be at the
time of his election a resident of and duly qualified voter in the
township from which he is chosen : now, tlierefore,
The General Assenihly of North Carolina do enact:
Section 1. That at the next general election to be held in the
year one thousand nine hundred and ten and every two years
thereafter the duly qualified electors of Alligator, Columbia, Gum
Neck, Scuppernong and South Fork townships, in Tyrrell County,
Commissioners to shall each elect a commissioner, which said commissioner shall
ship." ^'^^ ° °^'^' be a duly qualified elector in and resident of the township from
which he shall be elected — that is to say, the duly qualified electors
Election by each
township.
1909— Chapter 592—593.
959
of Alligator Township shall elect oue commissioner, and the duly
qualified electors of Columbia Township shall elect one commis-
sioner, and the duly qualified electors of Gum Neck Township
shall elect one commissioner, and duly qualified electors of Scup-
pernoug Township shall elect oue commissioner, and the duly
qualified electors of South Fork Township shall elect one commis-
sioner, and the five commissioners so elected shall constitute the
board of commissioners for the county of Tyrrell ; and in event Vacancies,
of the death, removal or resignation of any of said commissioners
the vacancy thus created shall be filled by appointment from the
township which is left without representation because of the
vacancy thus created.
Sec. 2. That all laws and parts of laws in conflict herewith are
hereby repealed.
Sec. 3. This act shall apply to Tyrrell County only. Application of act.
Sec 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1900.
CHAPTER 593.
AX ACT TO AMEND CHAPTER 726. PUBLIC LAWS OF inOo.
The General Assemhhj of North Carolina do enact:
Section 1. That the Public Laws of one thousand nine hundred
and five be and the same are hereby amended by adding the fol-
lowing thereto : "That the said creek shall be straightened where Directions for
thought to be necessary by ditching ; all narrow places shall be draining,
cut to the average width of the old channel and the timber cut
away for ten feet on either side; all sandy branches and hillside
ditches shall be shut out as much as thought to be practicable by
the commissioners; that three new commissioners, composed of New commis-
C. G. Sain, U. S. Wise and C. M. Eaker, be appointed to lay ^'°"^^''-
off said work and to appoint overseers to do the same, and that
the commissioners shall cause the overseers to come together at
some appointed place and malce and file sworn statements as to
the work done, which said meeting shall be on the hist Saturday
in November in each .year; that the successors to the commission- Appointment of
ers shall be appointed, two by the county commissioners of Lincoln j^'^'cc'-^sors to
County and one by the county connnissionors of Gaston County, at
their regular monthly meeting in Dec(Mn])or. one thousand nine hun-
dred and ten, and biennially thercjifter. and the said drainage com-
mi.ssioners shall enter upon their duties on the first day of .January
next following."
Sec. 2. That this act shall be in force and effect from and after
its ratification.
Ratified this the .5th day of March. A. D. 1009
commissioners.
960 1909— Chapter 594—595.
CHAPTER 594.
AN ACT TO FILL VACANCIES IN THE OFFICE OF SHERIFF
OF POLK COUNTY BY APPOINTMENT BY THE GOV-
ERNOR.
The General Assembly of North Carolina do enact:
Governor to SECTION 1. That any vacancy occuiTins; in the office of Sheriff
appoint to
vacancies. of Polk County, by death, resignation or otherwise, shall be filled
by appointment by the Governor of the State.
Sec. 2. That all laws and clauses of laws in conflict with this
act, in so far as they relate to the county of Polk, are hereby
repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the .5th day of March, A. D. 1909.
CHAPTER 595.
AN ACT TO PROVIDE FOR THE APPOINTMENT OF COURT
STENOGRAPHERS FOR THE EIGHTH JUDICIAL DIS-
TRICT OF NORTH CAROLINA.
Tlie General Assembly of North Carolina do enact:
Resident judge to SECTION 1. That it shall be the duty of the resident Judge of
rapher. ^ ' the Eighth Judicial District of North Carolina, as soon after
the ratification of this act as practicable, to appoint a court
stenographer for said judicial district, who shall be an officer of
the court, and he shall attend at all the regular or special terms
. of the Superior Court held in any of the counties composing said
judicial district.
Stenographer to Sec. 2. Before entering upon the discharge of the duties of his
be sworn. office, such stenographer shall take and subscribe an oath to faith-
fully, correctly, honestly and conscientiously discharge the duties
of his office as official court stenographer, as defined by this
act.
Matters to be Sec. 3. Such official stenographer shall take full stenographic
stenogre^her. notes in every case tried or heard during any term of said Su-
perior Court held in any of the said counties composing the said
Eighth Judicial District, of all the oral testimony, the admis-
sions made by either party to the action or controversy, the ob-
jections to the introduction of testimony, the rulings of the
court thereon and the exceptions taken thereto, all motions and
matters heard and passed upon by the court arising upon mat-
1909— Chaptee 595. 961
ters controverted by the parties, the charges of the court to the
jury ; shall make a note of all documentary evidence intro-
duced by either party, and such other proceedings as the court
may direct, and take such notes as he may be requested by the
presiding judge at chambers. Except when excused therefrom. Copies to be
by consent of parties and the direction of the presiding judge,
such official stenographer shall furnish a typewritten copy of his
stenographic notes of the evidence and the proceedings had to
the court, and one copy to counsel of each side, in all cases, when
practicable or when directed by the court.
Sec. 4. In all cases of appeal to the Supreme Court the of- Record on
ficial stenographer shall, as soon as practicable and within five ^pp^^^-
days after the adjournment of the court, unless further time be
granted, furnish one copy to the counsel for each party of the
entire record of the case as taken by him or her.
Sec. 5. In case of the unavoidable absence of the official ste- Substitute
nographer the Judge of the Superior Court presiding in said dis- stenographer.
trict shall have authority to appoint some competent stenographer
in the place of said official stenographer for the time of said
official stenographer's absence, who shall have the same duties
and receive the compensation of the official stenographer for
the time the official stenographer is absent. Such person so ap- Substitute to be
pointed shall take and subscribe the oath prescribed for the of- ^^'°^'^-
ficial stenographer before entering upon the duties of his office.
Sec. 6. The official stenographer shall hold office for two years Term of office,
from his appointment, unless removed by the resident judge of
said district for cause, and in case of a vacancy from any cause vacancy,
the resident judge shall proceed to fill the vacancy. The said Removal for
resident judge of said district shall have authority to remove ^^"^e.
any such official stenographer for cause.
Sec. 7. That the said official stenographer shall receive the Pay of stenog-
sum of twenty-five dollars per week or fraction of a week for rapher.
each court in which he serves, the same to be paid by the county
in which such court is held in said Eighth Judicial District. The certificates for
Judge of the Superior Court presiding in said judicial district payment.
shall quarterly furnish said official stenographer and any ste-
nographer appointed by said judge during the temporary absence
of said official stenographer, as herein provided, a certificate
setting forth the time of such stenographer's service, as provided
by this act, for each county composing the said district, and
upon receipt of such certificate it shall be the duty of the respec-
tive boards of county commissioners of the counties aforesaid to
make an oi'der in favor of said stenographer upon the treasurer
of their respective counties for the salary of said stenographer
for such quarter, as provided by this act.
Pub.— Gl
962
1909— Chapter 595—596.
Fees taxed as
costs.
Fees to use of
county.
Proviso: Chatham
and Union coun-
ties excepted.
Proviso: service in
excepted counties.
Copy of ste-
nographer's notes
evidence.
Sec. S. In all the comities composing the Eighth Judicial Dis-
trict of North Carolina there shall be taxed as a part of the
costs of the case for stenographer's service the following fees:
In all criminal actions \vhere costs are not taxed against the
county, two dollars ; in civil actions where a jury is impaneled and
the demand does not exceed five hundred dollars, three dollars;
and in civil actions where a jury is impaneled and the demand
exceeds five hundred dollars, such amount shall be fixed by the
judge presiding. Said costs shall be collected by the clerk of
the court and paid to the treasurer of the county for the benefit
of the said county: Provided, this act shall not apply to the
county of Chatham or Union, in said Eighth Judicial District :
Provided further, that the stenographer employed under this act
shall serve at any term of the Chatham or Union Superior Court
when called on bj^ the clerk of said court, and when so serving
shall receive the salary per week as hereinafter provided, to be
paid by the said county of Chatham or Union.
Sec. 9. Whenever it becomes necessary in any court in the
State to prove the testimony of a witness at the trial of any
former case tried in said judicial district the certified typewritten
copy of the notes of such testimony taken by the official stenog-
rapher at the court where said witness testified shall be evidence
to prove the same.
Sec. 10. That this act shall be in force from and after its rati-
fication.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 596.
AN ACT FOR THE RELIEF OF W. A. SUMMERS, EX-SHER-
IFF OF IREDELL COUNTY.
Collection of
arrears author-
ized.
Years.
Authority to
■cease.
The General Assembly of North Carolina do enact:
Section 1. That W. A. Summers, ex-Sheriff of Iredell County,
be and he is hereby authorized and empowered to collect all
taxes which he may have failed to collect and which were due
for the years one thousand nine hundred and five, one thousand
nine hundred and six and one thousand nine hundred and seven,
under the same rules and regulations now provided by law or
may hereafter be provided for the collection of taxes.
Sec. 2. That the power and authority herein conferred shall
cease and determine on May thirty-first, one thousand nine hun-
dred and ten.
1909 — Chapter 596 — 597 — 598.
963
Sec. 3. That no persou shall be compelled to pay any tax under P|f,X'^not com-
this act who holds the sheriff's tax receipt for said tax or who
shall make affidavit that said tax has been paid, nor shall any
purchaser for value, cestui que trust or mortgagee, without notice
of such arrears of taxes due on the land, be compelled to pay any
arrears of taxes under this act.
Sec. 4. This act shall be in force from and after its rt-Uifica-
tion.
Eatified this the 5th day of March. A. D. WOO.
CHAPTER 597.
\N \CT TO AMEND SECTION 3316 OF THE REVISAL OF
^ 1905, RELATING TO THE KILLING OF UNMARKED LIVE
STOCK IN THE WOODS OR RANGE.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand three hundred and six- Sec^ton^extend^ed
teen (3316) of the Revisal of one thousand nine hundred and
five be and is hereby amended by adding at the end thereof the
words "and Tyrrell." .^
Sec. 2. That this act shall take effect from and after its ratihca-
tion.
Ratified this the 5th day of March, A. D. 100t>.
CHAPTER 598.
4N \CT TO REGULATE THE WORKING OF THE PUBLIC
' ROADS OF DUKE TOWNSHIP IN HARNETT COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Road Supervisors of Duke Town- Supemsors to
ship. Harnett County, shall meet and organize as early as prac- organize
ticable after the ratification of this act by electing from their Organization,
number a chairman, secretary and treasurer: Provided, that '^^^^ P^^oviso: ^upUca-
two of said offices mav be held by the same person; that said Appointment of
board of supervisors may in its discretion appoint either one over- overseer.
seer, who shall have the general oversight of the working of
the public roads of the entire township, or may divide the roads Division of roads,
of said township into sections, assigning the overseer and road
hands to each section, as now provided by law: Provided, that Proviso: member
any member of said board may be appointed overseer if the board overseer,
shall so determine.
964
1909— Chapter 598—599.
Road duty.
Commutation.
Proviso: persons
becoming liable.
Powers of super-
visors.
Sec. 2. That all able-bodied persons residing in said township
subject to road duty under the general road law shall be re-
quired to work the public roads of said township, on being noti-
fied by the overseer to whom they have been assigned, for six
days in each year, under the pains and penalties prescribed by
the general road law for failure to work the public roads, or
in lieu thereof shall pay to the treasurer of said board of super-
visors an annual tax of not exceeding two dollars ($2), to be
fixed by said board of supervisors, and upon payment of said
tax the persons paying the same shall be exempt from road duty,
said tax to be due and payable on the first day of July in each
year : Provided, that any person becoming liable to work the pub-
lic roads of said township after the first day of July may be
relieved from the payment of a just proportion of said annual
tax under rules and regulations to be fixed by said board of
supervisors.
Sec. 3. That the board of supervisors may employ all needful
overseers and hands for the working of said roads, and fix their
compensation ; may purchase machinery, tools and equipments,
and generally do all things necessary for the proper working of
the public roads of said township ; and the said board of super-
visors may make all needful by-laws for the successful working
of said roads, for the conduct of employees, for the summoning
of persons liable to road duty and for the collection and disburse-
ment of moneys coming into the hands of said board or its officers.
Sec. 4. That all laws and clauses of laws inconsistent with this
act be and the same are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 599.
AN ACT TO AMEND CHAPTER 111, PUBLIC LAWS OF 1893,
RELATIVE TO COTTON WEIGHER IN STANLY COUNTY.
Cotton weigher
for township.
Purchase or sale
by other weights
a misdemeanor.
The General Assembly of North Carolina do enact:
Section 1. That section four, chapter one hundred and eleven of
the Public Laws of one thousand eight hundred and ninety-
three, be amended as follows : Strike out the word "town," in
line three of section four, and insert in lieu thereof the word
"township."
Sec. 2. Add at the end of section four of the above act : "That
any person who shall buy or sell any cotton in Albemarle Town-
1909— Chapter 599—600—601. 965
ship, in bales of three hundred pounds or more, by imy other
weight thau that of the cotton weigher aforesaid, shall be guilty
of a misdemeanor and fined or imprisoned at the discretion of Punishment.
the court.
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 ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 600.
AN ACT TO AMEND CHAPTER 285 OF THE PUBLIC LAWS
OF 1899, RELATIVE TO RUNNING SAWDUST INTO CER-
TAIN STREAMS IN WATAUGA COUNTY.
The General AssemUy of North Carolina do enact:
Section 1. That chapter two hundred and eighty-five of the streams excepted.
Public Laws of one thousand eight hundred and ninety-nine shall
not apply to Meadow Creek and Gap Creek, in Stony Fork Town-
ship; Elk Creek, in Elk Township, and Beaver Dam Creek, in
Beaver Dam Township, and all of their tributaries, in Watauga
County.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 601.
AN ACT TO PROTECT THE SANITARY CONDITION OF CER-
TAIN FREE-SCHOOL ROOMS IN PITT COUNTY.
The General Assenthly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons Expectoration on
to expectorate upon the floors or walls of certain free-school rooms un?aw°ul.'^^ ^
which are situated in Chicod Township, in Pitt County, North
Carolina, and designated as the McGowan and Mills schoolrooms.
Sec. 2. Any person or persons violating the provisions of this Fme^or violation
act shall be liable to a fine of not less than one dollar nor more
than five dollars.
966
1909— CiiAPTEE 601—602—603.
Duty of school
trustees.
Sec. 3. It shall be the duty of the school trustees of .said free-
school districts to see that the provisions of this act are properly
executed.
Sec. 4. All laws and clauses of laws in contlict with this act are
hereby repealed.
Sec. 5. That this act shall go into effect from and after its ratiti-
catiou.
Ratitied this the 5th day of March, A. D. 1909.
CHAPTER 602.
AN ACT TO AMEND SECTION 1SS2 OF THE REVISAL OF
1905, RELATIVE TO HUNTING SQUIRRELS IN HERTFORD
COUNTY.
The General Assembly of North Carolina do enact:
Close season. SECTION 1. That section one thousand eight hundred and eighty-
two of the Revisal of one thousand nine hundred and five be
and the same is hereby amended by adding to the end thereof :
"Hertford County, from the first day of March to the fifteenth
Proviso: squirrels day of October : Provided, that nothing in this act sliall prevent
destroying crops, ^j^^ owner or the actual tenant of the owner of growing crops
from killing squirrels when such squirrels are upon the crop
of such owner or tenant, in the act of destroying same."
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 603.
AN ACT TO AMEND THE PRIMARY LAW OF ROBESON
COUNTY.
Holding primary
discretional.
The General Assembly of North Carolina do enact:
Section 1. That chapter three hundred and seventy-four (374).
Public Laws of North Carolina, session of one thousand nine hun-
dred and seven, be and the same is hereby amended by adding
another section to said act, which section shall be numbered sec-
tion seventeen, and which shall be as follows :
"Sec. 17. This act shall not be in force until the same be ap-
proved and adopted by the executive committee or other gov-
erning body of the several political parties, respectively ; and the
said executive committee or other governing body of said political
1909— Chapter 603—604—605.
967
parties, respectively, shall, iu the exercise of their discretion.
determine whether or not a primary shall be held by such political
party for the nomination of county officers, as herein provided;
but if the said executive committee or other governing body shall ;f^h||.d^;°^}'stjjfj'i
determine to hold a primary, then such primary shall be held and of act.
conducted according to the provisions of this act."
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1900.
CHAPTER 604.
AN ACT TO AMEND SECTION 3769 OF THE RE VI SAL OF
1905, RELATIVE TO WIRE FENCES.
The General AssemNy of North Carolina do enact:
Section 1. That section three thousand seven hundred and ffto^Haywo^od"^
sixty-nine of the Revisal of one thousand nine hundred and five county.
be and the same is hereby amended by striking out the word
"Haywood."
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 5th day of March. A. D. 1909.
CHAPTER 605.
AN ACT TO ALLOW H. D. DEAN. EX-SHERIFF OF MACON
COUNTY, TO COLLECT BACK TAXES.
The General Assembly of North Carolina do enact:
Section 1 That H. D. Dean, ex-Sherifif of Macon County, be Collection of
, , ,, . ,1 arrears autnor-
and is hereby authorized and empowered to collect the arrearage iggd
of taxes due by persons in said county of Macon for the years Years.
one thousand nine hundred and six, one thousand nine hundred
and seven and one thousand nine hundred and eight, under the
laws existing for such years, with full powers to levy and dis-
train for taxes under the law in force in said years, in all respects
as if the said taxes were now due.
Sec 2. That this act shall be iu force from and after its ratifica-
tion.
Ratifietl this the 5th day of March, A. D. 1909.
968
1909— Chapter 606—607—608.
CHAPTER 606.
AN ACT TO AMEND SECTION 2785 OF THE REVISAL OF
1905, SO AS TO INCREASE THE PER DIEM OF THE
COUNTY COMMISSIONERS OF GRANVILLE COUNTY TO
THREE DOLLARS PER DAY.
Law extended to
Granville and
Onslow counties.
The General Assembly of North Carolina do enact:
Section 1. That section two thousaud seven hundred and eighty-
five of the Revisal of one thousaud nine hundred and five be
amended by inserting in line fifteen of said section, between the
words "Buncombe" and "not," the words "Granville and Onslow."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909. '
CHAPTER 607.
AN ACT TO APPOINT AN ENGINE INSPECTOR FOR ASHE
COUNTY.
Appointment
authorized.
Term.
Duty.
Inspector's fee.
The General Assemhly of North Carolina do enact:
Section 1. That the Board of Commissioners of Ashe County
be and are hereby authorized to appoint some competent person
engine inspector for said county for a term of two years, whose
duty it shall be to visit and inspect and test all steam engines and
boilers in said county at least once each year and give the owner
of same a statement as to its condition.
Sec. 2. The inspector's fee shall be paid by the owners of said
engines and boilers and shall be fixed by the commissioners.
Sec 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 5th day of March, A. D. 1909.
CHAPTER 608.
AN ACT CONCERNING THE DRAWING OF JURORS IN
COLUMBUS COUNTY.
Jury lists of
townships.
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Columbus
County shall cause the names of their jury list for each township
in said county to be placed in a partition marked "Number One"
of a township's box procured for that purpose, which must have
1909— Chapter 608—609. ^^^
two divisions, marked -Number One" and "Number Two," respec-
tively, and two locks, the keys of which must be kept according
''sEc'"'> That in drawing the jurors for all courts to be held One^juror at least
in said "county the said board is empowered and directed to draw ship,
and name as a Juror at least one name from each township m
said county, the number, more than one, to be drawn from each
township, to be left in the discretion of the ^^aM ^^^^^ ,^^^^
Sec 3 That as the names are drawn from the partition ot eacn ^^^^ partition
box they Shall be placed in the other partition of said box and one.
that said names shall be drawn from the partition marked Num-
ber one" of said box and put in the partition marked "Number Returne^d^t^o^
'^TEC.'rTfat''m3on the partition marked "Number One" of any contents trans-
box becoming exhausted the said board shall transfer the contents
of the partition marked "Number Two" of said box to the parti-
tion marked "Number One" and proceed as authorized above
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 609.
A.N ACT TO AUTHORIZE BLADENBORO TOWNSHIP. IN
PLADEN COUNTY, TO ISSUE BONDS FOR THE IMPROYE-
MEN^ OF THE PUBLIC ROADS OF THE SAID TOWNSHIP.
The General Assemmy of North Carolina do enact:
Section 1. That the commissioners of Bladen County, for the Bond issue
purpose of laying out, establishing, grading and improving the
public roads and thoroughfares of Bladenboro Township, in the
county of Bladen, are authorized and empowered to issue bonds,
bearing interest at a rate not exceeding six per cent per annum Interest
to the amount of ten thousand dollars, which bonds shall be of A>^„«,"^[-^,io„.
the denomination of five hundred dollars each, to each and every
of which bonds shall be attached the coupons representing the
interest on said bonds, which said coupons shall be due and pay-
able on the first day of January of each and every year until
said bonds shall mature, and shall be paid at the office of the
Treasurer of Bladen County, at Elizabethtown, North Carolina.
The bonds so issued by the said commissioners shall be numbered
consecutively from one to twenty, and the coupons shall bear the
number corresponding to the bond to which they are attached
and shall declare the amount of interest which they ^^P^'^^^^ Coupons receiv-
and when the interest is due. and shall be receivable in payment able for taxes.
970 1909— Chapter 609.
Maturity of of taxes levied under this act. The bonds shall run for a period
bonds. .1. J. i , „, ,
ot twenty years, and after ten years one-tenth of said bonds may
Bonds to be paid be redeemed before maturity, as hereinafter provided. The said
by township. . , . , , ^, . . . , ,
bonds so issued by the commissioners ot Bladen County shall be
paid by Bladenboro Township, in Bladen County, and shall not be
char.2:eable against any other property or polls of citizens of the
county which lies outside of said township.
Authentication of Sec. 2. That the said bonds shall be issued under the signature
of the chairman of the Board of County Commissioners of Bladen
County, attested by the official seal and the signature of the
Sale of bonds. Register of Deeds of Bladen County, and the chairman of the
board of county commissioners shall, under the direction of the
county commissioners, dispose of said bonds as a necessity for the
prosecution of the laying out, establishing, grading and improving
the public roads and streets of Bladenboro Township may require.
Sale at not less f^t a sum not less than their par value : Provided, that if the
Provisoi'^rate of ^^^^ bonds can be sold at or above their par value, at a rate of
interest. interest not exceeding five per centum per annum, it shall be the
duty of the said chairman of the board of commissioners to sell
Proviso: Specific them: Provided further, that the said bonds shall be issued and
appropriation. ,, , ^ u.^ • j- j. ■, ,
sold only for the purpose indicated herein.
Tax for interest. Sec. 3. That for the purpose of paying the interest as it falls
due on said bonds it shall be the duty of the county commissioners
to levy and cause to be collected annually as other county taxes
are levied and collected, for ten years after the issue of the
bonds, a tax upon the real and personal property of Bladenboro
Rate. Township, Bladen County, not exceeding twenty cents on the one
hundred dollars' worth of property and sixty cents on the poll
of persons in said township liable for poll tax, and at the end
of ten years it shall be the duty of the commissioners of Bladen
Tax for interest County, for the purpose of paying the interest on said bonds
sua mg un . ^^^ providing a sinking fund for their redemption, to levy and
cause to be collected annually as other county taxes are levied and
collected a tax upon the real and personal property of Bladenboro
Rate. Township not exceeding thirty cents on the one hundred dollars'
worth of property and ninety cents on the poll of persons liable
to poll tax.
Bonds subject to Sec. 4. That in order that the commissioners of Bladen Countv,
call
acting for Bladenboro Township, may use the excess of the funds
raised by taxation under this act. after paying the annual interest
accrued on said bonds, they are authorized and empowered, after
ten years from the issue of said bonds, to purchase one-tenth
of all the bonds issued, at a sum not exceeding their par value;
and in case no holder of said bonds shall offer to sell one-tenth of
them, then the said commissioners are authorized and required
to designate such bonds, not exceeding one-tenth of the whole
number issued, as they may desire to purchase ; and after the
designation of such bonds and a notice thereof given through a
1909— Chapter 609. 971
newspaper published iu Bladeu County, if tlae ladder of the bonds
neglects or refuses to surrender the same and receive their par
value, with interest accrued thereon at the time of such notice,
then the holder shall not receive any interest subsequently ac- Cessation of
cruing : Provided, the said bonds shall be affected with the con- ppoyfso' condi-
ditions of this act only when the conditions are expressed upon tions expressed on
face of lionds.
the tace of the bonds.
Sec. 5. That the commissioners of said county shall provide ;i Record of bonds,
record, which shall be kept by their clerk, in which shall be
entered the naxue of every purchaser of a bond and the number
of the bond purchased and the amount received for said bond.
They shall cause to be kept a record of the bonds redeemed an-
nually, and the bonds when redeemed and recorded shall be
destroyed by fire, in the presence of the board of commissioners,
by some one of their number or by their clerk under their direc-
tion.
Sec. G. That the funds derived from the sale of the bonds Funds kept
hereinbefore provided for shall be placed in the hands of the ^^P^'^^ ^•
county treasurer, and shall by him be kept separate and apart
from other moneys in his hands, and shall be paid out only upon Road orders,
the order of the county commissioners, whose clerk shall sign all
orders so drawn on the treasurer by order of the said commission-
ers. The county treasurer shall execute a good and sufficient bond. Bond of county
in a penal sum double the amount of money placed in his hands for
road purposes in Bladenboro Township, conditioned for the faith-
ful accounting for all such moneys received by him. The said
bonds shall be accepted by the county commissioners when ap-
proved by the said commissioners, and shall be recorded and kept
as the bonds of other county officers are required to be kept. The Order book,
said clerk of the Board of Commissioners of Bladen County shall
keep a separate order book, with stubbs, on which he shall enter
a memorandum of each order drawn, showing page, amount paid
and the purpose for which it was paid.
Sec. 7. That the Board of Conmiissioners of Bladen County Use of funds,
shall use the funds derived from the sale of bonds iu laying out.
establishing, grading and improving the public roads and streets
of Bladenboro Township, and they may at their discretion work Convict labor,
the convict labor assigned to work on the public roads, or such
other labor of convicts as they may be able to obtain, either
by direct sentence of the several courts of the State or from the
penitentiary authorities.
Sec. 8. That the board of county commissioners of said county Road machinery.
may use the road machinery now owned by the town of Bladen-
boro. and they shall have the power and authority to buy such
additional machinery and tools, stock, material or other appliances
necessary for the prosecution of the working and improvement
fif the pul)llc roads and streets as they may deem proper.
972
1909— Chaptee 609.
Appointment of
road commis-
sioners.
Powers of com-
missioners.
Proviso: altera-
tion of streets.
Proviso:
streets.
worl< on
Right to enter on
land for materials
Agreement and
payment for
damages.
General road law
not repealed.
Convicts sen-
tenced to road
work.
Convicts from
otiier counties.
Election on ratifi-
cation of act.
Sec. 9. That the board of county commissioners shall appoint
three competent road commissioners for Bladenboro Township,
who, under the direction of the board of county commissioners,
shall direct the laying out, establishing, grading and improving
the public roads and streets into which the said public roads enter,
coming into the town of Bladenboro to the center of the town :
Provided, they shall not alter or change the location of any street
within the town of Bladenboro without the consent of the board
of commissioners of the town of Bladenboro: Provided further,
that in working the streets of Bladenboro they shall consult with
the commissioners of the town of Bladenboro and act under their
direction and not with the commissioners.
Sec. 10. That for the purpose of establishing any public road
in said township and for working and grading it, the road com-
missioners shall have the right to enter upon the laud or lands of
any person or persons over whose land the said road shall be
laid out, or over which it has been laid out, and open the road,
remove dirt, earth or any other material therefrom, with as little
injury as possible thereto, and they may agree with the owner or
owners as to the damage done, and the damages so agreed on
by them, in writing, shall be presented to the board of com-
missioners for payment, and when approved by the commissioners
shall be paid by the treasurer of the road fund of the said town-
ship.
Sec 11. That this act shall not be construed so as to repeal
the general road law for the working of the public roads of
Bladenboro Township.
Sec. 12. That should the county commissioners decide that it is
expedient to work convict labor on the roads of said township,
then it shall be the duty of any judge of the Superior Court
holding court in the county of Bladen to sentence all convicts
not punished by a fine to work on the public roads of Bladenboi'o
Township whenever such persons may be sentenced on the public
roads under the laws of the State; and any judge of a criminal
or superior court may sentence convicts from other counties where
such courts are held by them, whenever the commissioners of
Bladen County shall make application for them to be sentenced
to work on the roads of Bladenboro Township.
Sec. 13. That the said Board of Commissioners of Bladen
County shall not issue the bonds hereinbefore provided for, or
any part thereof, nor shall this act be in force as to any part
of it until the commissioners shall have first submitted to the
qualified voters of Bladenboro Township, at an election to be held
for the purpose, the question of the ratification or rejection of this
act, which they are authorized to do at such time as they may
deem proper for the best securing the voice of the people in said
township upon the question ; and if at said election, which shall be
1909— Chapter 609—610—611. 973
held in the same manner as elections for the county officers, a
majority of the qualified voters vote in favor of ratification,
then the commissioners may issue said bonds, and this act shall
be in full force and effect ; but if a majority of the qualified voters
of said township who vote, vote in favor of "rejection," then the
said commissioners shall not issue said bonds.
Sec. 14. That the county commissioners may, if in their opinion New registration,
it shall be necessary to secure a fair and impartial election, order
a new registration of the qualified voters of Bladenboro Town-
ship to determine the question of a ratification or rejection of this
act.
Sec. 15. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 610.
AN ACT TO DEFINE THE BOUNDARY LINE BETWEEN PAS-
QUOTANK AND CAMDEN COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. That the channel of Pasquotank River, from its Channel of
mouth to its junction with the Dismal Swamp Canal, shall be the ^^yi^^^iii^Q^^""^^
dividing line between Pasquotank and Camden counties; and the
boundary line of Camden County, from the junction of the Dismal
Swamp Canal and Pasquotank River to the Virginia line, shall be
and remain as it now is.
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 this the 0th day of March, A. D. 1909.
CHAPTER 611.
AN ACT TO CREATE A RECORDER'S COURT FOR WASHING-
TON COUNTY.
The General Assembly of yorth Carolina do enact:
Section 1. The county commissioners of Washington County, Establishment of
court authorized.
North Carolina, shall have power to establish a court known as
the Recorder's Court of Washington County.
Sec. 2. That said court shall be a court of record and shall be Court of record.
TlGcordcr
presided over by a recorder, who shall be a licensed attorney at
ou
1909— Chapter 611.
Election of
recorder.
Term of office.
Vacancy.
Recorder to
qualify.
■Salary.
Sessions of court.
At Plymouth.
At Roper.
At Creswell.
Proviso: court not
opened when no
business return-
able.
Provi-so: change
of sessions.
Jurisdiction.
Removal from
justices' courts.
Persons bound
over to recorder's
court.
law, of good moral character and in good standing in liis profes-
sion, and who shall be at the time of his appointment and qualifi-
cation an elector in and for said county. Said recorder shall be
elected by the board of county commissioners at their regular
meeting on the first Monday in April in each and every year,
and shall hold for a period of one year, and should a vacancy
occur in said office the same shall be filled by the said county
commissioners as provided for the appointment of the recorder.
The said appointee shall hold said office during the remainder of
said term. Before entering upon the duties of his office the said
recorder so elected shall take and subscribe an oath of office, as
is now provided by law for justices of the peace, and shall file
the same with the clerk of the Superior Court of said county of
Washington, wliich clerk shall duly record the same. Said re-
corder's salary shall be determined by the board of county commis-
sioners and paid out of the county funds, upon such vouchers as
are now required for the payment of county bills.
Sec. 3. Said court shall be open for the trial of cases in the
town of Plymouth on each and every Monday morning at ten
o'clock and continue until all business before it is disposed of,
and in the town of Roper on Wednesday of each week and continue
until all business before it is disposed of, and in the town of
Creswell on Friday of each weels. and continue until all business
before it is disposed of: Provided, hoiceuer, said recorder shall
not be required to open court at the time and places above-men-
tioned after having been notified by the clerk of said court that
there is no business returnable before the recorder's court on the
day named for its meeting : Provided further, the county com-
missioners shall have power to change the time and place of hold-
ing said court as may appear to be most convenient for the peo-
ple and recorder.
Sec. 4. Said court shall have all .iurisdiction and power in all
criminal cases arising in said county which are now or may here-
after be given to justices of the peace, and in addition to the juris-
diction conferred by this section shall have exclusive original
jurisdiction of all criminal offenses committed in said county be-
low the grade of felony, as now defined by law.
Sec. 5. When upon affidavit made before entering on the trial of
any case before any justice of the peace it shall appear proper for
said case to be removed for trial to some other justice, as is now
provided by the law, said case may be removed for trial to said
recorder's court.
Sec. 6. In all criminal cases heard by justices of the peace and
the other committing magistrates of said county against any per-
son or persons for any offense included in section four of this
act, in which probable cause of guilt is found, such person or per-
sons shall be bound in a personal recognizance, with surety, to
appear at the next succeeding session of the recorder's court for
trial, and in default of such surety such person or persons shall be
committed to the common jail of the county to await trial.
1909 — Chapter 611.
975
Sec. T. All trials of criminal actions shall be upon warrant
issued by the clerk of the said recorder's court.
Sec. 8. Whenever any person or persons shall be convicted in
the recorder's court for any of the offenses mentioned in this act,
and the punishment imposed is imprisonment and cost, the said
recorder shall sentence the said defendant to imprisonment in the
common jail of said county, to be worked upon the public roads of
Beaufort County or such other counties as may seem most expedi-
ent, and in the same manner as criminals now convicted in the
Superior Court of said county. All fines imposed shall be collected
by the clerk of the recorder's court as is now done in the Superior
Court, and where a defendant is convicted and fails to pay the
costs the county shall pay such cost as is allowed by law in similar
cases before the Superior Court. The clerk of the Superior Court
shall be the clerk of the recorder's court and shall appoint such
deputies as he may see fit.
Sec 9. Said court shall have all jurisdictions and powers in all
civil matters arising in said county which are now or may here-
after be given to justices of the peace.
Sec. 10. Any person desiring to appeal to the Superior Court
in a criminal or civil case from a judgment of the recorder's court
shall be allowed to do so in the same manner as is now provided
for appeals from the court of the justice of the peace.
Sec. 11. That either party, plaintiff or defendant, shall be al-
lowed a jury trial, when demanded, in the same manner as is now
lirovided for before justices of the peace, and the cost for the same
shall be taxed on the party against whom judgment is rendered.
Sec. 12. All judgments for the plaintiff rendered by the recorder
shall be duly docketed in the office of the clerk of the Superior
Ccinrt, and executions shall issue thereon as is now provided by
law for executions.
Sec. 13. In all actions and matters where a justice of the peace
does not have exclusive jurisdiction the plaintiffs in such action
may bring their original suit, either in the Recorder's Court of
Washington County or in the Superior Court of Washington
County, at their option.
Sec. 14. Nothing in this act shall prevent the recorder elected by
the board of commissioners and serving as such in the court hereby
established from practicing law in the higher courts of the county
and State in any and all cases which have not been passed uix)n
by him in his court.
Sec. 15. This act shall be printed at once, upon its ratification,
and a copy thereof mailed by the Secretary of State to the chair-
man of the Board of County Commissioners of Washington County.
Sec 1G. This act shall be in force from and, after the first Mon-
day in April, one thousand nine hundred and nine.
Ratified this the 6th day of March, A. D. 1909.
Trials on warrants
issued by clerk.
Sentences.
Collection of fines.
Payment of costs.
Clerk of court.
Jurisdiction in
civil matters.
Appeals.
Jury trials.
Judgments
docketed.
Executions.
Concurrent juris-
diction.
Recorder to
practice law.
Copy of law to be
mailed to com-
missioners.
When act
effective.
976
1909— Chapter 612—613.
CHAPTER 612.
AN ACT TO PROTECT GAME IN YADKIN COUNTY.
Hunting without
permission of
landowner unlaw-
ful.
Close season for
opossums and
raccoons.
Misdemeanor.
Punishment.
Application of act
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to hunt with gun or dogs or without gun or dogs on the lands of
another without written permission from the owner of the land.
Sec. 2. That it shall be unlawful to hunt any opossums or rac-
coons in Yadkin County from .January thirty-first to November
first.
Sec. 3. That any person or persons violating the provisions of this
act shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not more than five dollars and not less than two dol-
lars or imprisoned not more than ten days and not less than five
days.
Sec. 4. That this act shall only apply to the county of Yadkin.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 613.
AN ACT TO REGULATE THE COMPENSATION OF THE
COUNTY OFFICERS OF RUTHERFORD COUNTY.
Commission of
sheriff or tax
collector.
Fees and emolu-
ments to be
turned over.
Salary of clerk of
superior court.
Allowance for
assistance.
The General Assembly of North Carolina do enact:
Section 1. That the Sheriff or tax collector of Rutherford County
shall receive in full compensation for his services in collecting the
taxes from the taxpayers of said county and paying the same over
to the proper custodians of the fund the sum of three per cent com-
mission on the amount collected, and this shall be in lieu of the
commission now allowed by law for the collection of said taxes.
Sec 2. That the Clerk of the Superior Court, the Register of
Deeds and Treasurer of Rutherford County shall faithfully collect,
account for and turn over to the treasurer of said county, to be dis-
posed of as hereinafter provided, all fees, commissions, profits and
emoluments of every kind now or hereafter by any law accruing,
belonging or appertaining to them by virtue of their ofiice.
Sec 3. That the clerk of the Superior Court shall receive a sal-
ary of one thousand two hundred dollars per annum, and he shall
be allowed four hundred dollars for assistance in lieu of all other
compensation Avhatever.
1909— Chapter 613. 977
Sec. 4. That the register of deeds shall receive a salary of one salary of register
thousand two hundred dollars per annum and shall be allowed Allotvance for
three hundred dollars for assistants in making tax books and other assistants,
helps, in lieu of all other compensation whatsoever, except claims
for stationery and postage, in the performance of his official duties,
when such claim is properly made out.
Sec. o. That the treasurer of said county shall receive a salary Salary of treas-
of one thousand dollars per annum in lieu of all other compensa- "'^'^'^•
tion whatsoever.
Sec 6. That the officers hereinbefore mentioned shall faithfully Officers to per-
Ijerform all the duties of their several offices imposed upon them °^™ "^'^®'
by law, and shall receive no other compensation or allowances
whatsoever for any extra or additional services rendered the
counts', State or other governmental agencies, and they shall be Penalties for
liable to all pains and penalties now or hereafter provided for fail- failure.
ure to perform the duties of their several offices as now imposed
by law.
Sec 7. That all moneys coming into the hands of the Treasurer Moneys to be
of Rutherford County by virtue of this act shall be held by him as f^FA!^^ separate
a separate and distinct fund, and after paying the salaries and Payrnent of
salaries and
allowances provided for in this act the balance shall be used to allowances.
pay any outstanding claims against said county. ^ ^^^^^'
Sec. 8. That the salaries and allowances herein provided for payment of
shall be paid by the treasurer of said county, upon warrant, as salaries,
now required by law, to the aforesaid officers, in monthly install-
ments : Provided, that allowances hereinbefore named for assist- Proviso: payment
, , ,, , ., , . , . , T of allowance for
ants shall be paid as such assistance is rendered. assistance.
Sec 9. That the Superior Court Clerk and Register of Deeds of Monthly settle-
Rutherford County shall be required to turn over to the treasurer
of said county all moneys coming into their hands by virtue of this
act, and make settlement with said treasurer on the last day of
each and evei-y month ; and the county commissioners may at any Exhibit of books
time require said officers or any of them to exhibit to them all ^^'^ accoun s.
books and accounts, showing all moneys received and turned over
to the treasurer under the provisions of this act.
Sec 10. That any officer, clerk or assistant herein mentioned Failure of officers
who shall willfully fail or refuse to collect the full fee, commission misdemeanor.
or emolument of any kind belonging to this office shall be guilty of
a misdemeanor, and upon conviction thereof shall be fined or im- Punishment.
prisoned at the discretion of the court, and shall be further liable Liability on bond,
on their official bond for all amounts not properly accounted for.
Sec 11. That all laws and parts of laws in conflict herewith are
hereby repealed.
Pub.— 62
978
1909— Chapter 613— 614— 615.
Law as to sheriff. Sec. 12. That no section of this act except section one shall ap-
When section one ply to the Sheriff of Rutherford County. Said section one shall
cffGCtivc
be in force from and after the first Monday in December, one thou-
Proviso: tax list sand nine hundred and ten : Provided, that this act shall not apply
When other sec- ^^ ^^^ ^^^^ ^^^* o^ t^^ J'^^^* ^^^ thousand nine hundred and ten. All
tions effective. other sections of this act shall be in force from and after the first
Monday in December, one thousand nine hundred and ten.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 614.
Former law
repealed.
Close season.
AN ACT TO AMEND THE PUBLIC LAWS OF 1907, CHAPTER
111, RELATING TO THE HUNTING AND KILLING OF
SQUIRRELS IN LENOIR COUNTY.
TJie General Assoiibly of North Carolina do enact:
Section 1. That chapter one hundred and eleven, Public Laws
of one thousand nine hundred and seven, be and the same is hereby
repealed.
Sec. 2. That section one thousand eight hundred and eighty-two
of the Revisal of North Carolina be amended as follows: After the
word "November," in the last line of said section, add the follow-
ing: "Lenoir, from the first day of March to the fifteenth day of
September."
Sec. 3. That all laws and clauses of laws in conflict with this
act are herebj' repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 615.
AN ACT TO VALIDATE $5,000 OF BONDS ISSUED BY SURRY
COUNTY TO ERECT A COUNTY HOME.
Action of county
commissioners
confirmed.
The General Assembly of North Carolina do enact:
Section 1. That the action of the Board of County Commission-
ers of Surry County in issuing five thousand dollars of bonds of
said Surry County, dated January first, one thousand nine hundred
and nine, and maturing January first, one thousand nine hundred
and twenty-nine, drawing interest at the rate of five per cent per
annum, the proceeds of which have been used in building and
1909— Chapter 615—616—617. 979
paying for a county home for the aged and infirm, is hereby in
all respects ratified, approved and confirmed. Said bonds are Bonds validated,
hereby declared to be valid and binding obligations of said county,
and said board is hereby authorized and empowered to pay the Payment author-
interest on said bonds as it matures, and the principal at maturity. '^®
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 616.
AN ACT FOR THE PROTECTION OF FOXES IN ALAMANCE "
COUNTY.
The General AssemUy of North Carolina do enact:
Section 1. That it shall be unlavpful for any person to shoot Killing foxes
except with dogs
with a gun, trap, kill or in any manner destroy foxes in the county unlawful.
of Alamance, except by chasing them with a dog or dogs.
Sec. 2. Any person violating this act shall be guilty of a misde- Misdemeanor,
meanor, and upon conviction shall be fined not less than ten nor Punishment,
more than fifty dollars or imprisoned not less than ten nor more
than thirty days, in the discretion of the court.
Sec. 3. That this act shall apply only to Alamance County.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 0th day of March, A. D. 1909.
CHAPTER 617.
AN ACT TO AUTHORIZE THE BOARDS OF COMMISSIONERS
OF THE SEVERAL COUNTIES OF THE STATE TO IN-
CREASE THE PENSIONS OF CONFEDERATE SOLDIERS
AND THE WIDOWS OF SUCH, AND TO AUTHORIZE SAID
BOARDS TO LEVY A SPECIAL TAX THEREFOR.
Tlie General Assembly of North Carolina do enact:
Section 1. That the boards of county commissioners of each Levy of special
county in the State of North Carolina be and they are hereby ^^^ ^"^^°"^^'^-
authorized and empowered for each and every year to levy a spe-
cial tax, at the same time and in the same manner with the levies
of other county taxes, of not exceeding two cents on the hundred Rate,
dollars valuation of property and six cents on each taxable poll,
the constitutional equation between property and poll to be ob- Constitutional
served each year, if in their discretion such levy be deemed ad-
visable.
980
1909— Chapter 617—618.
Collection and
accounting for
tax.
Application of
proceeds.
Reports to state
treasurer.
Report of state
treasurer.
Sec. 2. Such tax shall be collected and accounted for by the
sheriff or other tax collector in the same manner and under the
same penalties as other taxes levied for said county, and the net
proceeds thereof shall be applied each and every year to increase
pro rata the pensions of such persons as stand upon the Con-
federate pension roll of the county for the year for which such tax
is levied.
Sec. 3. The amount collected and disbursed under this act shall
be reported by the county treasurer or other disbursing oflicer of
the county to the State Treasurer on or before the first day of
June in each year, and the State Ti-easurer's report shall show
in a separate column the amount paid by each county annually
under this act.
Sec. 4. That all laws and parts of laws in conflict herewith are
hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 618.
AN ACT TO VALIDATE CERTAIN SUMMONS AND PROCESS
RETURNABLE TO THE NEXT TERM OF THE SUPERIOR
COURT OF LEE COUNTY.
issued validated.
Returnable to
Marcli term of
court.
The General Assembly of 'North Carolina do enact:
Process heretofore Section 1. In all cases pending in the Superior Court of Lee
County wherein summons or other process has been issued, re-
turnable to the next term of the said court, at a place to be desig-
nated by the commissioners of said county for holding the said
court and at a time to be appointed by the Governor of North
Carolina, or substantially so, the said summons and other process
shall be valid and shall be returnable to the March term, one
thousand nine hundred and nine, of the Superior Court of said
county, if service thereof shall have been made ten days before the
first Monday in March, one thousand nine hundred and nine, and
in all such cases the action shall be deemed to have been com-
menced against any defendant or defendants named therein when
the said summons or process was issued.
Sec. 2. In all cases pending in said Superior Court it shall be
lawful to have judgment by default, upon verified complaint, in
all respects as in cases wherein the summons is returnable to a
fixed term of the court.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
Judgment by
default.
1909— Chaptek 619—620. 981
CHAPTER 619.
AN ACT TO REGULATE FISHING IN ATLANTIC TOWN-
SHIP, CURRITUCK COUNTY.
The General Assemhhj of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons close season for
to catch fish with seine or set net, or nets of any kind, in the "^^^^ ^^^ ^®"^®^-
waters of Atlantic Township, between the fifteenth day of April
and the twentieth day of October in each year, within the follow-
ing boundaries in said township : Beginning at a cedar stump Boundaries,
standing on the beach north of Caffie's Inlet Life-saving Station
and extending a west course five hundred yards from the shore ;
thence paralleling the shore a southerly course to the Dare County
line.
Sec. 2. That it shall be unlawful to set any pound or dutch nets pound or dutch
in the waters of said township : Provided, that nothing in this act proviso^-^ca^tchine
shall prevent the catching or selling of twentv-five pounds of fish and selling fish for
- , , . home consump-
on any one day for home consumption. tion.
Sec 3. That nothing in this act shall prevent the catching of Eels, mullets and
eels, mullets and herrings at any time during each year ; and '^'''""^s^-
Provided, that nothing in this act shall prohibit fishing at night. Fishing at night.
Sec. 4. That any person violating the provisions of this act or Misdemeanor.
any part thereof shall be guilty of a misdemeanor for each and
every offense, and upon conviction shall be fined not more than Punishment.
fifty dollars nor less than twenty dollars or imprisoned not more
than thirty days.
Sec. 5. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Oth day of March. A. D. 1909.
CHAPTER 620.
AN ACT RELATIVE TO HUNTING IN WAKE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand four hundred and eighty
of the Revisal of one thousand nine hundred and five be amended
by adding to the end thereof the following words : "in Wake Prosecution only
County prosecution can be maintained only upon comi)lalnt of the lalidowner!"
landowner."
Sec 2. That this act shall 1)p in force from and after its ratifica-
tion.
Ratified this the Cth day of March. A. D. 1900.
982
1909— Chapter 621—622.
CHAPTER 621.
AN ACT FOR THE PROTECTION OF DEER IN DARE
COUNTY.
Close season.
Limit on number
to be killed.
Misdemeanor.
Punishment.
The General Assemhly of North Carolina do enact:
Section 1. It shall be unlawful to bunt, kill, capture or in any
manner destroy any wild deer between the first day of January
and the fifteenth day of November of any year.
Sec. 2. It shall be unlawful for any person to capture, kill or
in any manner destroy more than five (5) deer during the hunt-
ing season of any year.
Sec. 3. Any person found guilty of violating any of the pro-
visions of this act shall be deemed guilty of a misdemeanor, and
for each deer killed, captured or in any manner destroyed in
violation of this act shall be fined a sum not exceeding fifty dollars
or imprisoned not more than thirty days.
Application of act. Sec. 4. This act shall apply only to Dare County.
Sec. 5. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec 6. This act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 622. •
AN ACT TO AUTHORIZE THE BOARD OF COMMISSION-
ERS OF CABARRUS COUNTY TO ISSUE BONDS.
Purpose of issue.
Bond issue
autliorized.
Amount.
Denominations.
Maturity.
Bonds payable in
gold.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of paying the outstanding and
floating debt of the county of Cabarrus, which outstanding and
floating debt was incurred by the building of bridges and con-
structing of macadamized roads and other necessary expenses,
the board of commissioners of said county is hereby authorized
and empowered to issue bonds of said county to an amount not
to exceed one hundred and thirty-five thousand dollars and to be
in the denomination of not less than five hundred nor more than
one thousand dollars ; and said bonds shall be payable to bearer
within thirty years from the date of issue, the particular period
to be fixed by the board of commissioners aforesaid at the time
of the sale of said bonds. The said bonds shall be payable in
gold or its equivalent and shall have coupons attached thereto
representing the interest on said bonds, which interest shall be
payable semiannually, January first and July first, and at such
places as said board deem best ; and the said bonds and coupons
1909— Chaptek 622. ^ 983
shall be prepared uucler the direction and supervision- of the said
board and shall bear interest at the rate of not more than four Interest.
and one-half per cent per aimum.
Sec. 2. The said bonds and coupons shall be numbered, con- Authentication.
secutively, one, two, etc., shall be signed by the chairman of the
Board of Commissioners of Cabarrus County, countersigned by
the clerk of said board and attested by the official seal of Cabar-
rus County.
Sec. 3. That for the purpose of paying the accrued interest on Tax for interest
. „ , ^ ^, ^ ^ J.1 and sinking fund,
said bonds and to provide a smkmg fund for the payment ot the
principal when due, the Board of Commissioners of Cabarrus
County shall levy and cause to be collected, annually, as other
taxes are levied and collected, a tax upon all real and personal
property, rights and credits now or hereafter subject to taxation
for general purposes, not exceeding eight cents on each one hun- Rate.
dred dollars' worth of property and upon each taxable poll a tax
not exceeding twenty-four cents.
Sec. 4. No bonds issued under the provisions of this act shall Bond^s^not to^be
be sold or otherwise disposed of for less than par and accrued
interest. Said board of commissioners is hereby- authorized • to Sale of bonds,
sell or dispose of said bonds in such way as they may deem best.
Sec. 5. That the proceeds arising from the sale of said bonds Specific appro-
issued under the provisions of this act shall constitute a separate-^"^ '""■
and distinct fund, to be applied and appropriated to the payment
of the said outstanding indebtedness heretofore incurred for the
necessary expenses of the county and to be hereafter incurred
for the building of a Jail ; and the said board of commissioners Separate
shall cause the treasurer to keep separate accounts of said funds, accounts.
so that the condition of the same may at all times be shown:
Provided, however, the purchaser or holder of any part of said Proviso: respon-
, ,, ,. ^. -. ., sibility of pur-
bonds shall not be required to see to the application of the pro- ciiaser.
ceeds of the same.
Sec. 6. The treasurer of the county of Cabarrus shall be allowed Allowance to
by said board for disbursing the proceeds arising from the sale *''^^^"'"^^-
of said bonds an amount not to exceed one-half of one per cent
on the amount so disbursed.
Sec. 7. That it shall be lawful for any executor, administrator. Bonds lawful
, - , . , . investment.
guardian, trustee or receiver to invest the trust funds m his
hands in said bonds.
Sec. S. That the clerk of the board of commissioners of the said Record of bonds.
county shall provide a record in his office, in which shall be
entered and kept the names of every purchaser of said bonds
and the number and amount of said bonds purchased, and also
a record of the bonds redeemed, together with the date of their
redemption; and bonds and coujions, when redeemed, shall be
recorded as redeemed, and shall be destroyed by fire, 'n the
presence of the Board of Commissioners of Cabarrus County and
984
1909— Chapter 622.
Collection of tax.
Liability of sheriff,
Bond of sheriff.
Funding bonds
sinking fund.
Amounts credited
to sinking fund.
Investments of
sinking fund.
Proviso: approval
of securities.
Treasurer liable
on bond.
Proviso: loans to
baaks.
County com-
missioners to call
election.
such other citizens of Cabarrus County as they may select, and
a record of such destruction shall be made and dated and signed
by said board and other witnesses.
Sec. 9. That the taxes levied hereunder shall be collected by >
the sheriff or other officer charged with the collection of other
county taxes, and he shall be in respect thereto liable officially as
well as personally, under all the requirements of law now or here-
after prescribed for the faithful collection ajid payment of other
county taxes, and the bonds given by said officer for the collection
of county taxes shall be sufficient in amount to include the taxes
levied and collected hereunder.
Sec. 10. That in order to provide for the safe-keeping and in-
vestment of the funds arising from the taxes levied under this
act, over and above the amount necessary to pay the interest
on said bonds, the Treasurer of Cabarrus County shall open
upon his books as county treasurer an account to be designated
"funding bonds sinking fund," and all amounts received by said
treasurer from the taxes levied hereunder which may not be neces-
sary for the payment of the accrued and accruing interest on
said bonds shall be credited to the said funding bonds sinking
fund account, and there kept separate and distinct from all other
county funds for the purpose of paying the principal of said bonds
at maturity; and the said treasurer is hereby authorized and
directed to invest any amount which may belong to said funding
bonds sinking fund, from time to time, in the purchase of any
of said bonds at a price deemed advantageous by said board of
said county, in safe interest-bearing securities, payable to said
treasurer for the use and benefit of said sinking fund, said in-
terest not to be less than four and one-half per cent per annum :
Provided, that no investment of said funds shall be made until
the security therefor is approved by the Board of Commissioners
of Cabarrus County; and the treasurer shall be liable on his
official bond for the faithful and honest performance of the duties
imposed upon him under the provisions of this act ; and his official
bond, after the issuance of said bonds, shall be sufficiently en-
larged to the amount necessary to cover said bonds ; and Pro-
vided further, that instead of the investment aforesaid of said
funds, to be approved by said board, any amount belonging to
said funding bonds sinking fund may by said treasurer, on ap-
proval of said board, be loaned to the present banks of Concord,
in equal proportions, upon interest certificates of said banks, with
interest from date of said certificates at not less than four and
one-half per cent per annum, payable semiannually.
Sec. 11. For the purpose of ascertaining the wishes of the voters
of Cabarrus County on the question of issuing such bonds as are
provided for in this act, the Board of Commissioners of Cabarrus
1909— Chapter 622—623.
985
County shall cause au election to be held in said county at such
time as said board of commissioners shall designate and appoint
in the year one thousand nine hundred and nine or one thousand
nine hundred and ten. At said election all voters in Cabarrus
County qualified to vote in said election who favor the purposes
of this act shall vote a written or printed ballot with the words
•'For Bonds" thereon, and those who oppose the purposes of this
act shall vote a written or printed ballot with the words "Against
Bonds" thereon. If a majority of the voters of Cabarrus County
qualified to vote at said election shall vote in favor of the issue
of the bonds provided for in this act, then the bonds shall be
issued and sold according to the provisions herein contained.
Sec. 12. There shall be a new registration of the voters of said
covmty for said election. The Board of Commissioners of Cabar-
rus County shall call the election at such time as they may deem
proper, and shall, at least sixty days before any such election,
notify the county board of elections, who shall appoint one
registrar and two judges of election for each precinct for said elec-
tion, which election shall be held and the returns made and the
result declared under the same rules, regulations and restrictions
as is provided by law for the election of members of the General
Assembly.
Sec. 13. That immediately after the passage of this act the
Secretary of State is hereby required to send, without delay, a
certified copy of the same to the Register of Deeds for Cabar-
rus County.
Sec. 14. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1900.
Ballots.
New registration.
Appointment of
registrars and
judges.
Law governing
election and
returns.
Copy of act to be
sent to register of
deeds.
CHAPTER 623.
AX ACT TO AMEND CHAPTER 1005 OF THE PUBLIC LAWS
OF 1907, RELATING TO COURT STENOGRAPHERS FOR
NASH AND WILSON COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. That chapter one thousand and five of the Public Duty and fees of
Laws of one thousand nine hundred and seven be amended by ^ ®'^°^''^P '^''•
striking out, in the sixth line of section two thereof, the words
"sections three, four and five."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
986
1909— Chapter 624 — 625.
CHAPTER 624.
Prohibition.
Punishment.
AN ACT PROHIBITING THE SALE OF CIGARETTES WITHIN
2 MILES OF GUILFORD COLLEGE, GUILFORD COUNTY.
The GcneraJ AssemMy of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons,
firm or corporation to sell, offer for sale or give away cigarettes,
cigarette paper or packages of crumb tobacco for making cigar-
ettes within two miles of Guilford College, Guilford County.
Sec. 2. All persons violating any of the provisions of this act
shall upon conviction thereof be fined not exceeding fifty dollars
($50) or imprisoned not more than thirty days.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 625.
AN ACT TO INCREASE THE NUMBER OF COMMISSIONERS
OF NASH COUNTY AND TO APPOINT J. A. WILLIAMS AND
R. C. GLOVER COMMISSIONERS.
Section extended
to Nash county.
Commissioners
appointed.
Terms of ofiBce.
Salaries.
The General Assemhly of North Carolina do enact:
Section 1. That section one thousand three hundred and eleven
(1311) of the Revisal of one thousand nine hundred and five be
and the same is hereby amended by inserting between the words
"Mecklenburg and New Hanover," in lines thirteen and fourteen
thereof, the word "Nash."
Sec. 2. That J. A. TV^'illiams and R. C. Glover be and they are
hereby appointed commissioners of Nash County, with terms of
ofiice commencing upon the ratification of this act and continuing
until the first Monday in December, one thousand nine hundred
and ten, and until their successors have been elected and qualified,
whose salary shall be the same as that received by the other com-
missioners, excepting the chairman.
Sec 3. That all laws and clauses of laws in conflict with the
provisions of this act be and the same are hereby repealed.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1909 — Chaptek 626. 987
CHAPTER 626.
AN ACT TO DRAIN THE LOWLANDS OF CLARK'S CREEK
AND ITS TRIBUTARIES, IN LINCOLN COUNTY.
Whereas there are many acres of land on Clark's Creek and its Preamble,
tributaries, in Lincoln County, that have been, are now and are
liable to be greatlj^ damaged and diminished by reason of the shal-
low and narrow channel of said creek and the filling of same, by
reason of the limited and sluggish flow of said creek and improper
drainage; and whereas, by reason of same, the bottom lands over- Preamble,
flow and become wet and soggy, the formation of cesspools and
the injured condition of the soil, the health of the community has
been greatly injured and much sickness caused thereby ; and Preamble.
whereas a conservative assessment upon the acreage to be bene-
fited would make a fund sufficient, if wisely and judiciously ex-
I)ended, to lower the channel and bed of said stream, by excava-
tion, the widening and changing the creek and removing the ob-
struction, giving said creek a better fall and outlet for the water,
would thereby greatly remedy and improve the condition of the
land, dry and reclaim the wet and overfiowed lands, making same
productive to cultivation, increasing its value, and more especially
improve the sanitary condition and health of the public and com-
munity in general ; and whereas it is impracticable to do this Preamble,
much-needed work without legislative aid, whereby there can be
concentrated effort equally and mutually beneficial to all the
owners : therefore,
The General Assembly of North Carolina do enact:
Section 1. That a commission of three men, to-wit, J. A. An- Commissioners
thony, R. M. Roseman and J. A. Manney, of Lincoln County, North
Carolina, and their successors in office, be and they are hereby
constituted and appointed a commission for the purpose of carry-
ing out the work suggested in the preamble of this act, to be Corporate name.
known as "Clark's Creek Drainage Commission," of Lincoln
County, and in that name they shall be a corporation with powci' Corporation.
to have a corporate seal, sue and to be sued, contract and to bo Corporate powers,
contracted with, and generally to do whatever may be necessary Powers in regard
to be done in order to make effectual the drainage of Clark's ^° '^'"a'"^'?''-
Creek and its tributaries, in Lincoln County, North Carolina, be-
tween the mouth of Clark's Creek and the Catawba County line,
which said power and authority shall embrace the right to pur-
chase all necessary machinerj-, dredging machine, tools, appliances
and other material to carry out said work, and to issue the yolc Bond issue
or bond of the obligation of said corporation or commission, in an 'lufhonzed.
amount not exceeding fifteen thousand dollars, payable in amounts Amount.
to be fixed by said commission and at stated intervals, not exceed- Maturity.
988
1909— Chapter 626.
Commission to
meet and
organize.
Organization.
ing ten years, to be fixed by said corporation or commission, and
said coumiission or corporation shall be possessed of all such pow-
ers as are usually granted and pertain to corporations.
Sec. 2. Said commission or corporation shall meet and organize
as soon as possible, and at the first meeting shall elect one of their
number chairman, another vice chairman and another secretary,
and may elect an outsider treasurer or may consolidate the olHces
of secretary and treasurer, and in that event elect one of their
number secretary and treasurer, and shall direct the secretary to
procure necessary books upon which to keep a perfect record of
all dealings and transactions of said commission or corporation,
Superintendent or and shall have the authority and right at any time to employ a
superintendent or overseer and hands to do said work, and fix
their compensation and date of payment, and to execute the obliga-
tion or note of said corporation for the payment of same in the
name of said corporation, and shall also have the authority, in
the discretion of said commission, to contract for the whole of
said work or a part of same, and to enter in contract for letting
of same and the payment of said work, and to employ counsel.
Sec. 3. The said commission shall make a just estimate of all
lauds along Clark's Creek and its tributaries, within Lincoln
County and within the terminal points mentioned and designated
in section one, that will in their judgment be benefited, either gen-
erallj^ or specially, by the work proposed and contemplated to be
done, and make a list of the owners of said lands, with the esti-
mated number of acres to be benefited by each owner; and in mak-
ing said estimate the said commission is authorized to take into
consideration and estimate all lands lying within one-half mile of
the center of Clark's Creek, the measurement to be air line and
at right angles to center of said creek upon either and both sides
of said creek and upon tributaries of Clark's Creek, extending up
said tributaries from point where same empties into Clark's Creek
for a distance of one and one-half miles, and all lands upon said
tributaries and within one-fourth of a mile of the center of said
tributary streams measured at right angles and air line from cen-
ter of said tributary streams on either and both sides of same,
and shall be measured and estimated, and said commission shall
make a just estimate of all lands on Clark's Creek and its tribu-
taries, within the radius prescribed and limits herein defined, as
in their judgment will be benefited, either generally or specially,
and Ijoth, by the work to be done, and make a list of the owners
of said lands, with the number of acres to be benefited by each
owner ; and in making said estimate may take into consideration
the special benefits to any one or more landowners to be derived
by same, and assess said landowner or owners a larger amount, in
accordance with the special benefits. Said commission is further
authorized and empowered to employ a competent engineer to do
overseer and
hands.
Work may be
to contract.
Estimate of land
to be benefited.
List of owners
and number of
acres.
Lands subject to
estimate.
Special benefit
considered.
Employment of
engineer.
1909— Chapter 626. 989
such surveying as is necessary and desired by said commission and
as may be required by this act. That the boundary as herein de- Boundary made a
scribed and designated be and the same is established as a drain- e i n .
age district : Provided, that any lands within the corporate limits> Proviso: land in
of the town of Lincolnton shall not be subject to assessment : nable to assess-
Provided, also, that the lands and property of the Elm Grove Cot^ pro^viso- lands
ton Mills shall not be subject to assessment. and property of
c . Tx 1 11 I, ^1 J? ^. 1 J. ^ ji • 1 • • J. Elm Grove cotton
Sec. 4. It shall be the further duty of the said commission to mills exempt.
view and personally examine the land embraced, within the radius exam?ne^'anV°
mentioned in paragraph three herein, and classify it with refer- classify land.
ence to the benefit it will reqeive from the eanaliug and improve-
ment and work contemplated in this act ; and the said commission Matters for con-
will take into consideration the degree of wetness of the lands, its ^ideration.
proximity to the creek, its natural outlet and the fertility of the
soil, which shall be considered in determining the amount of bene-
fits it will receive by the contemplated improvements. The land Land separated
benefited shall be separated into five classes: The land receiving
the highest benefit shall be marked "Class A," that receiving the
next highest benefit "Class B," that receiving the next highest
benefit "Class C," that receiving the next highest benefit "Class
D," and that receiving the smallest benefit "Class E." The hold-
ings of any one landowner need not necessarily be all in one class,
but the number of acres in each class shall be ascertained, though
its boundary need not l^e marked on the ground or shown on any
map. The total number of acres owned by one person in each class
and the total number of acres benefited shall be determined. The
total number of acres of each class in the entire district shall be
estimated, as nearly as practicable, and presented in tabulated
form. The scale of assessment upon the several classes of land Ratio of assess-
returned by the commissioners or found by them shall be in the '^*'" '
ratio of five, four, three, two and one — that is to say, as often as
five mills per acre is assessed against the lands in "Class A," four
mills per acre be assessed against the lands in "Class B." three
mills per acre in "Class C," two mills per acre in "Class D," and
one mill per acre in "Class E." This shall form the basis of the
assessment of benefits to the lands. That after said commission Notice for
has assessed the benefits to the lands, they shall give notice at the ''^'^""e.
courthouse door in Lincolnton, Lincoln County, and by posting
notice at five points along the line of Clark's Creek, appointing a
day on which said board of commissionors will meet at the court-
house in Lincolnton, Lincoln County, to hear any and all com-
plaints of the landowners of the assessments made against said
lands, which said notice shall give ten days' time or notice of said
meeting, at which time the said commission will sit as a body to Commission to
hear and determine all complaints that may be filed with them, mine^comp?a?nts.
and shall have the right to hear any and all evidence introduced
and offered in said matter, and determine the proper assessment
990
1909— Chapter 626.
Powers of com-
mission at
hearing.
Right of appeal.
Prosecution of
appeal.
Bond on appeal.
Priority of appeal.
Assessment roll.
Amount to be
paid by lands
benefited.
Apportionment of
assessment.
Drainage roll in
duplicate.
Copy filed.
Copy delivered
to sherilT.
Order to collect
assessments.
Assessments
collected as taxes.
Limit of annual
assessment.
against said complainants and fix the assessment against all the
lands within the radius mentioned and set forth in section three of
this act ; and said commission shall have the power and authority
to issue subpoenas for witnesses and hear their evidence and punish
for contempt of their proceedings or court while sitting and hearing
said complaints; and any party aggi'ieved by said assessments or
other matters before said commission or court shall have the right
of appeal, at said time or within ten days thereafter, to the Supe-
rior Court of Lincpln County, said appeal being taken and prose-
cuted as now provided in appeals in civil actions, the party appeal-
ing being required to give bond in the sum of two hundred dol-
lars, to pay all costs and assessments adjudged and awarded
against him or them upon said appeal. Said appeal shall have
priority in point of trial upon appeal to the Superior Court and
shall stand for trial at the next term of said court, by reason of
its public nature.
Sec. 5. After the classification of the land and the ratio of as-
sessments of the different classes to be made thereon has been
made, formulated and tabulated by the commission, the said com-
mission shall prepare an assessment roll, giving a description of
all the land ascertained from the public records and the amount
of assessment against each of the Several tracts of land. In pre-
paring this assessment roll the boards shall ascertain the total
cost of the improvement, including the damages awarded and to
be paid to the owners of land, and all incidental expenses, and the
remainder shall be the amount to be borne and paid by the lands
benefited. This amount shall be assessed against the several tracts
of land according to the benefits received, as shown by the classifi-
cation and ratio of assessment made by the commission. This
drainage roll, showing the amount assessed and to be paid
by the various and several tracts of land by the owners thereof,
shall be made in duplicate, signed by the chairman and secretary,
and one copy filed with the secretary as part of the records of his
office, and the other delivered to the sheriff or other county tax
collector of Lincoln County, which said roll shall show the name
of the owner, the number of acres of land upon which assessment
has been made and the amount due by said landowner, and there
shall be appended an order to collect the said assessments and
amounts so certified, and same shall have the force and effect of a
.ludgment, as in the case of State and county taxes, and shall be
collected in the sam^ manner, with the same powers, same respon-
sibilities and settled in the same way as taxes are required to be
collected and settled under the general laws, except the same shall
be due and payable from date of said assessment roll being deliv-
ered to the sheriff for collection. After said commission has
assessed the several tracts of land according to the benefits re-
ceived, as shown by the classifications and ratio of assessments as
1909— Chapter 626. 991
made by said commission, it shall have the right to levy an assess-
ment upon said benefits in an amount annually not exceeding five
dollars per acre, until the whole thereof is paid or said contem-
plated improvement completed, or if the total cost of the work is Assessment col-
„ ^ -■ ,1 11 *!,„ i,„/it. ;,-> lected in install-
less than an average of five dollars per acre on all the lands in ^ents.
the district the assessment made against the several tracts can
be collected in one installment, in the discretion of the commission,
or in two or three installments, in the discretion of said commis-
sion, by the officer as herein directed, in the same manner as State
and county taxes are collected and payable. In case the total Notice for issue
assessment exceeds the average of five dollars per acre, or even °
one dollar per acre, or fifty cents per acre, the said Clark's Creek
Drainage Commission may give notice of three weeks by publica-
tion in some newspaper in Lincoln County, North Carolina, if
there be one, and also by posting a written or printed notice at the
courthouse door in Lincoln County and five conspicuous places in
the drainage district that they propose to issue bonds for the
construction of said improvement, giving the amount of bonds to
be issued, the rate of interest they are to bear, and the time when
payable, not exceeding in amount fifteen thousand dollars, nor ex- Amount,
ceeding the amount of assessed benefit for said work and improve-
ment contemplated, which said issues of bonds shall be for a Maturity.
I)eriod from date of same not more than ten years, bearing six per interest.
cent interest. Any landowner having lands assessed in the district Land released on
and not wanting to pay interest on the bonds may, within thirty P^^^menf
days after the publication of said notice, pay the treasurer the
full amount of his assessments and have his land released there-
from Neglect to pay same to the treasurer within said time shall Consent to issu-
" ^ .. „.-,,i 1 • ance of bonds.
1)0 deemed as consenting to the issumg of said bonds, and m con- waiver of defense
sidoration of the right to pay his assessments he thereby waives ^^^^^^ ^^^^^^'
his right to any defense against collection of said assessment be-
cMuse of any irregularity, illegality or defect prior to that time,
except in the case of an appeal, as hereinbefore provided, which
is not affected by this waiver. The term ''person," as used in this Person defined.
act, includes firm, company or corporation. At the expiration of Bond issue
. ^, , , ^ , T-x • !■< authorized,
thirty days after the publication, the Clark's Creek Drainage Com-
mission may issue bonds for the full amount of the assessments
not paid in to the treasurer, with the interest thereon, costs of
collection or other incidental expenses ; the bonds to bear six per interest.
cent interest per annum, pavable annually, and shall be paid in Bonds payable in
",.. J. 'u ji T V, r,^:A installments.
e(iual installments of not exceeding ten years, to be fixed, by said
rommission. The said bonds so issued shall have attached thereto Coupons,
coupons representing the interest on said bonds, which couiwns
shall be due and payable annually, and shall bear the same num-
ber of the corresponding bond. Said bonds shall be issued in the Authentication of
name of Clark's Creek Drainage Commission and shall be signed bonds,
bv its chairman and attested by the secretary and the official seal
992
1909— Chapter 626.
Specific appro-
priation.
Bonds not to be
sold below par.
Record of bonds.
Priority of lien of
assessments.
Enforcement of
payment by
mandamus.
Right of action on
oflBcial bonds.
Liabilities of
bonded officers.
Increase of bond
authorized.
Annual assess-
ments for interest
and sinking fund.
Investments of
sinking fund.
of said corporation attached, and said bonds issued shall be for
the exclusive use of the prosecuting and carrying on the imi)rove-
ment and work contemplated herein, and shall be sold by the com-
mission for not less than par, and shall be numbered by the com-
mission and recorded in a book for that purpose, showing the pur-
chaser and number of each bond and where payable, and shall set
out specifically the lands embraced in the district on which the
tax has not been paid in full (tax herein meaning assessment upon
benefits) and which land is assessed for the payment of the bond
issued and the interest thereon. This assessment shall constitute
the first and paramount lien, second only to State and county
taxes, upon the lands assessed for the payment of said bonds and
the Interest thereon as they become due, and shall be collected in
the same manner by the same officers as the State and county taxes
are collected. If any installment of principal and interest repre-
sented by the said bond shall not be paid at the time and in the
manner when the same shall become due and payable, and such
default shall continue for a period of six months, the holder or
holders of such bond or bonds upon which default has been made
may have a right of action against said commission and corpora-
tion of said district, wherein the court may issue a writ of man-
damus against the said drainage commission, its officers, including
tax collector and treasurer, directing the levying of a tax or spe-
cial assessment, as herein provided, and the collection of same, in
such sum as may be necessary to meet any unpaid installment of
principal and interest and cost of action ; and such other remedies
are hereby vested in the holder or holders of such bond or bonds
in default as may be authorized by law ; and the right of action
is hereby vested in the holder or holders of such bond upon which
default has been made, authorizing them to institute suit against
any officer on his official bond for failure to perform any duty im-
posed by the provisions of this act. The official bond of the sheriff
or other tax collector of said county shall be liable for the faithful
performance of the duties herein assigned him, and such official
bond may be increased by the board of county commissioners to
meet the additional duties and liabilities imposed by this act, un-
less the existing bonds shall be ample to cover such increased
liabilities. That in order to meet said bonds at maturity and to
pay the interest on same, they are authorized, instead of collecting
from the said lands so assessed for the benefits to be derived by
said improvement in one full sum, to assess and collect annually
a pro rata part of said assessment or a sufficient sum, and levy
upon the benefits to each landowner an amount annually to meet
said interest and create a sinking fund to pay said bonds at ma-
turity, and as said sinking fund accumulates the said commission
are authorized to loan same and apply the interest so collected to
said sinking fund, and continue to do so until said bond issue
1909 — Chapter 626. 993
shall be discharged ; and in the event said commission desire to Bonds subject to
pay off said bond issue before maturity, they may assess a sulli-
cient sum. and collect, as will pay the interest and one-fifth of
said bonds issued annually until fully paid and discharged, and in
that event said commission may pay off such bonds as the holders
thereof may consent to, or in the event the holder shall refuse to
surrender said bond at par, with accrued intei'est, said commission
may designate the number of the bond it will pay and publish
same in some newspaper published in Lincoln County, and from
said date said bond shall fail to bear interest : Provided, the said Proviso: condition
bonds shall be affected with the conditions of this provision only of bonds.
when said conditions are expressed upon the face of the bonds.
Sec. 6. That the sheriff, upon the delivery to him of the assess- Sheriff to collect
ment roll and list, shall immediately proceed to collect the same, a-ssessments.
and to that end shall have the power and remedies as he has for
the collection of the public taxes, and shall receive for such serv- Power and
ices the same compensation as in the collection of State and county coinpensation.
taxes, and shall pay over the same to the treasurer of said corpo-
ration or commission and take his I'eceipt therefor.
Sec. 7. That said commission shall have the authority to fix Bond of treasurer.
the amount of the treasurer's bond and to take and accept same
and file with the records of their board, and shall pay said treas- Pay of treasurer.
urer out of the funds the sum of two per cent upon amounts paid
out by 'him, and shall allow to each member of the commission the Pay of corn-
sum of one dollar, for each and every day actually served, for his ™i='Sioner&.
compensation for services rendered, to be paid out of said fund. Orders on trea.s-
That all orders upon the treasurer shall be signed by the chair- "^^^•
man and attested by the secretary.
Sec. 8. That it shall be the duty of said commission to see that Details of work.
all shoals, rocks, trees, brush and other obstructions interfering
with the free movement and rapid flow of said water course shall
be removed as rapidly as possible, and they shall further cause
the bed of said stream to be widened to a width not exceeding
thirty feet, and to lower the bed and bottom of said stream not
exceeding fifteen feet, and may straighten said stream and change
same at such points and places as may seem to them to be for
the better flow of the water, and shall have the power to remove
or cause to be removed from the banks of said stream all such
growth or other hindrances as tend to retard the rapid flow of
the water of said stream on occasions of high water, and shall Right of entry on
have the right from time to time, its agents and employees or
contractors, to enter upon any lands along said water course and
tributaries for the purpose of carrying out the improvement and
work contemplated in this act. and shall have, after the com-
pletion of same, the right to enter upon said lands at any time
for the purpose of performing any work in making repairs and
Pub.— 63
!)U1
1900— CiiAPTEK 626.
Work to have
preference.
Commissioners to
meet and qualify.
Right to resign.
OflBce declared
vacant .
Vacancies filled.
Right of con-
demnation con-
ferred.
Procedure for
condemnation.
Payment of
damages.
Right of land-
owners to use of
work.
Procedure to
obtain access.
clear of obstruction all growth or matter interfering with the
free floAV of the water. But in doing this work they shall give
attention first to the widening and lowering and excavating the
bed of said stream and making such changes as they may deem
proper to add to the better drainage and flow of the water and
the removal of rock and other hindrances to the rapid flow of the
water.
Sec 0. It shall be the duty and obligation of each of the mem-
bers of said commission to meet and qualify by taking the oath
to faithfully discharge his duties as commissioner, after which
any member shall have the right to resign, or for good cause
his office may be declared vacant by the other members, and
all vacancies from whatever source or cause shall be filled by the
Board of County Commissioners of Lincoln Couutj'. North Caro-
lina.
Sec. 10. If it shall be necessary to acquire a right of way
or an outlet over and through lands not affected by the drainage,
or shall be necessary to acquire land in changing the channel
of said creelc for the betterment of the flow of the water and the
improvement of the objects and purposes of this act, and in either
event the same cannot be acquired by purchase, then and in that
event the power of eminent domain is hereby conferred and the
same may be condemned. Such owner or owners of the land pro-
posed to be condemned may be made parties defendant • in the
manner of an ancillary proceeding, and the procedure shall be
substantially as provided for the condemnation of rights of way
for railroads in chapter sixty-one of the Revisal of one thousand
nine hundred and five, so far as the same may be applicable, and
such damages as may be awarded as compensation shall be paid
by the commission out of the funds which shall be available from
the proceeds of sale of bonds or from collection of the assess-
ments upon benefits ; and every privilege, power and right to carry
out the provisions of this act are granted said commission to
aid in the further promotion of said work herein contemplated
by this act.
Sec. 11. The owner of 'any lands that have been assessed for
the costs of the construction and improvements herein directed
and allowed by this act shall have the right to use same as an
outlet for lateral drains from said lauds, and if said lands are
separated from the creek by the lands of another, and the owner
thereof shall be unable to agree with said other as to the terms
and conditions on which he may cross their lands and construct
said drain or ditch, he may file petition with said commission
herein appointed and constituted a corporation, who shall act as
arbitrators of said matter and settle same, and said ditch shall
be under the control of the drainage commission appointed.
1909 — CiiAPTEK ()2G. 995
Sec 1-^ That the said Chirk's Creek Drainage Comiuissiou shall Supenntendent of
►n,. -L_. J.UIIL iii<r .11 VI V. o construction.
have the power and right, at their discretion, to elect or appoint
a superintendent of the construction of said work and improve-
ment, and to fix his compensation and bond for the faithful per- Compensation and
bond.
tormauce of same.
Sec. 13. That said commission may have an estimate of said Power to let work
work and improvement proposed made, and let the entire work
out by contract or by sections, to be laid off by said commission,
and to contract for the same, or it may do the work and improve- Work under
, . -i supervision of
meut by purchasing a dredging machme or other machmery and committee.
hiring labor under the committee's supervision or that of a super-
intendent In event said commission shall decide to let said work Contractors to
.. give bond,
to bidders, for the whole or by sections or any part ot same,
the successful bidder shall be required to enter into a contract
with the Clark's Creek Drainage Commission and to execute bond
for the faithful performance of such contract, with sufficient
sureties in favor of Clark's Creek Drainage Commission, in an
amount equal to twenty-five per cent of the estimated cost of the
work awarded to him. If any contractor to whom a portion or Action on bonds.
all said work shall have been let shall fail to perform the same
according to the terms specified in his contract, action may be
had in behalf of the Clark's Creek Drainage Commission against
such contractor and his bond in the Superior Court for damages
sustained, and recovery made against such contractor and his
sureties.
Sec. 14. That said Clark's Creek Drainage Commission shall Power to remove
bridge^
have full power and authority to remove any public highway
bridge across any of the streams within the radius permitted in
this act and fixed as a drainage district, and place same upon
the bank of said stream and proceed with its work, and on ac- Costs of replacing
count of the public nature of said work and the general benefit
to the health of the community the costs of replacing said bridges
shall be borne and paid by the county of Lincoln, and the county
commissioners of said county shall have said bridges replaced
and paid out of the general county funds.
Skc. 15. Whenever said improvement is completed it shall be improvement
under the control and supervision of said Clark's Creek Drainage under ^ilpervision
Commission, and it shall be the duty of said commission to l^eep of.commissimi.^^^
said water course in good repair and oi»en. and for this jturpose may kept in Kood
levy an assessment on the lands benefited by the construction of As^tssment^lor "
such improvement, in the same manner and in the same proportion repairs.
as the original assessments were made, and the fund that is col-
lec-ted shall be used for repairing and maintaining said water course
iu perfect order : Provided, hoirever, that if any repairs are made Proviso: repairs
' ,.^.1.1 £ 1 ■, made neces.sary by
necessary by the acts or negligence of the owner of any land acts of individual
through which such improvement is constructed, or l>y the act landowner,
or negligence of his agent or employees, or if the same is caused
996 1909— Chapter 62G— 627.
by the cattle or other stock of said owner, employee or agent.
then the cost thereof shall be assessed and levied against the lands
of said owner alone, to be collected by proper suit instituted by
the commissioners.
Injury to works a Sec. 16. It shall be unlawful for any person to iniure or dam-
misdemeanor. , J , , ., ,
age or obstruct or build any bridge, roadway, fence or .flood
gate in such way as to injure or obstruct the improvements and
water flow of said stream under the provisions of this act, and
any person so causing such injury shall be guilty of a misde-
Punishment. meanor, and upon conviction thereof may be fined in any sum
not exceeding twice the damages or injury done or caused.
Right of entry on Sec. 17. That said commission or any of its agents, officers,
employees or contractors shall have the right to enter upon the
lands adjoining said work at any time for the purpose of said im-
provement, without hindrance or objection or subjecting them-
selves or their agents, employees or contractors to indictment for
trespass.
Work at discretion Sec. IS. That, subject to the requirements hereinbefore set
of commission. ^ ^i xi, -j ■ . i ■,-, ^ ■ -, ,..,.,.
forth, the said commission shall prosecute said work at their dis-
cretion, with a view of accomplishing the greatest good to the
largest body of land to be benefited, and more especially the
health of the community in general, until the whole of said work
shall be completed and the health of the community benefited and
improved.
Punishment for Sec. 19. It shall be a misdemeanor, punishable bv fine not to
obstructing water -, ^„, ,,, . . ^^^ -,'.,.^,
course or inter- exceed fifty dollars, or imprisonment not to exceed thirty days,
fermg with work. f^j. ^ny person or persons, firm or corporation to obstruct the flow
of water in said stream or to interfere with the work of said com-
mission draining said creek and lands.
Sec. 20. That all lavi-s and clauses of laAvs in conflict herewith
are repealed.
Sec. 21. That this act shall be in force and effect from and af-
ter its ratification.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 627.
AN ACT TO AUTHORIZE THE COUNTY BOARDS OF EDUCA-
TION OF MOORE AND LEE COUNTIES TO EXECUTE TO
THE STATE BOARD OF EDUCATION RENEWAL NOTES
FOR MONEYS BORROWED FOR THE PURPOSE OF BUILD-
ING PUBLIC-SCHOOL HOUSES.
Preamble. Whereas there is now due the State the sum of three thousand
seven hundred and sixty-six dollars and ninety-two cents from the
Board of Education of Moore County, the said sum including in-
1009— Chapter 627. , 997
terest calculated to the date the same becomes due, for money
borrowed under the provisions of chapter five hundred and sixty-
seven of the Public Laws of one thousand nine hundred and three
for the building of schoolhouses ; and whereas, of that sum two Preamble,
thousand one hundred and twenty-seven dollars and sixty cents
were expended for schoolhouses in that part of Lee County
formerly constituting a part of Moore, before the creation of Lee
County, and the notes taken from the school districts in such
portion of Lee County evidencing the same have been delivered
to the Board of Education of Lee County; and whereas the balance Preamble.
of said sum so due the State was expended for schoolhouses in
the county of Moore, as now constituted ; and whereas, of the Preamble.
sum of five hundred and eighty-two dollars and fifty-four cents,
in addition to the amount aforesaid due on February tenth, one '
thousand nine hundred and nine, and at that time paid the State
by Moore County under the provisions of said act, the sum of
three hundred and thirty-two dollars and eighty cents was spent
for school buildings in that part of Lee County formerly con-
stituting a part of Moore :
The General Assembly of iVorth Carolina do enact:
Section 1. That the County Board of Education of Lee County Notes to be
be and it is hereby authorized and directed to execute to the State of Leel^ounty^^"^^
Board of Education, under the provisions of chapter five hundred
and sixty-seven of the Public Laws of one thousand nine hundred
and three, notes in the sum of two thousand one hundred and Amount,
twenty-seven dollars and sixty cents, and the County Board of Notes to be
Education of Moore County is authorized and directed to execute of Moore county!^
to the State Board of Education notes, under the provisions of
said act, in the sum of one thousand six hundred and thirty- Amount.
nine dollars and thirty-two cents, the said two notes to be due
and payable, ratably and in proportion to their amounts, at the
times the indebtedness to the said State Board of Education is
now due from the County Board of Education of Moore County,
and upon the deposit of said notes with the State Treasurer the Notes to be can-
said treasurer shall thereupon cancel the notes, now held by celed.
him, executed by the County Board of Education of Moore County
and deliver the same to said county board.
Sec. 2. That the notes so executed by the respective boards of Notes to be bind-
education of Lee and Moore counties shall be valid and binding '"^ °" counties,
against said counties, respectively, as provided by the terms of
said chapter five hundred and sixty-seven of the Public Laws
of one thousand nine hundred and three and any amendments
thereto.
Sec. 3. That the County Board of Edm-atiou (jf Moore County Money to be
be and it is hereby authorized and emi)()wered to retain out of coimt*!!^ ^^ Moore
any moneys that may come to the Ti'easurer of Moore County
for the benefit of Lee County the sum of three hundred and thirty-
998
1909— Chapter 627—628—029.
two dollars and eij^lity cents, paid on the tenth day of February,
one thousand nine hundred and nine, for money borrowed from
the State Board of Education and expendetl for the building of
schoolhouses in Lee County. ■
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. "i. That this act shall be in force from and after its ratiflca-
tiou.
liatitied this the 6th day of March, A. D. 1000.
CHAPTER 628.
AN ACT TO AUTHORIZE THE REGISTERS OF DEEDS IN
THE SEVERAL COUNTIES OF THE STATE TO APPOINT
DEPUTIES.
Appointment of
deputies author-
ized.
Responsibility of
registers.
Certificate to be
filed and recorded.
Tlic General Aftsembli/ of yorth Carolina do enact:
Section 1. That the registers of deeds of the several counties
in this State be and they are hereby authorized and empowered
to appoint deputies, whose acts as such shall be valid and for
which the said registers of deeds shall oflicially be responsible;
and shall file the certificate of the appointment of the deputy
in the office of the clerk of the Superior Court, who shall record
the same.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1009.
CHAPTER 629.
AN ACT TO AMEND SECTION 3700 OF THE REVISAL OF
1005. RELATING TO FENCES ALONG PUBLIC ROADS.
The General Assenihly of Xorth Carolina do enaet:
Section repealed SECTION 1. That line nine of section three thousand seven hun-
county^"'^'^'"^'^^"™ t^i"^^^ ''^^^ sixty-nine of the Revisal of one thousand nine hundred
and five be and the same is hereby amended by striking out the
words "and Rockingham" in said line.
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March, A. D. 1009.
1909— Chapter 630— (331. 999
CHAPTER 630.
AX ACT FOR THE PROTECTION OF BIRDS IN STANLY
COUNTY.
The General Assenihli/ of yorth Caroliiiit do enact:
Section 1. It shall be uulawfnl foi- any person to hunt, kill. Close season,
capture or in any manner destroy any quail or partridges, dove,
meadow lark, robin or other game bird between the first day of
February and the first day of December of any year.
Sec. 2. That it shall be unlawful to ship, carry or in any man- Shipping birds
ner convey any game birds, as set forth in section one, from the forbidden.
county for the purpose of sale or barter, except when such birds Exception.
are sold by the person owning or having under rent such property
where said birds are trapped or killed.
Sec. 3. No person shall sell, offer or expose for sale any game Sale or offer for
birds between the first day of February and the first day of ^^^^ forbidden.
December of any year, and the possession by any person, firm Possession prima
or corporation of such game birds during the above-named period ^^"^'^ evidence.
of the year shall be prima facie evidence that such birds are be-
ing offered for sale.
Sec. 4. Any person, firm or corporation found guilty of violating Misdemeanor.
any of the provisions of this act shall be guilty of a misdemeanor
and shall be fined not less than ten dollars nor more than fifty Punishment.
dollars for each offense or be imprisoned not less than ten days
nor more than thirty days.
Sec. o. This act shall apply only to Stanly County and shall Application of act.
be in force from and after its ratification.
Sec. (J. All laws and clauses of laws in conflict with this act are
hereby repealed.
Ratified this the Cth day of March. \. D. lliOO.
k
CHAPTER 631.
AN ACT AUTHORIZING THE COMMISSIONERS OF GASTON
COUNTY TO LEVY TAX TO SUPPLEMENT THE PENSION
FUND.
The General Assemhly of Xorfh ('uroliiia do enact:
Section 1. That the commissioners of Gaston County be and Levy of special
are hereby empowered to levy a special tax, at the time taxes ^^^ authorized,
are levied for general purposes, upon all taxable property in
(iaston County sutticient to raise one thousand two hundred and Amount
fifty dollars and not e.Kceeding two thousand dollars, to be used Purpose of tax.
to supplement the pension fund for all ex-Confederate soldiers
and widows that are or may be upon the pension roll in Gaston
County.
1000
1909— Chapter 631—632—633.
Distribution of
amount collected.
Sec. 2. That whenever the said commissioners shall deem it
wise in their discretion to levy the tax authorized by this act,
the sum so collected shall be distributed in equal shares to all
then upon the pension roll, regardless of class.
Sec 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 632.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF CRAVEN
COUNTY TO LEVY A SPECIAL TAX.
Levy of special
tax authorized.
Years.
Limit of rate.
Constitutional
equation.
Application of
tax.
Levied and col-
lected as other
taxes.
The General Assemhly of North Carolina do enact:
Section 1. That the board of commissioners for the county of
Craven be and they are hereby authorized and empowered to
levy a special tax in the years one thousand nine hundred and
nine, one thousand nine hundred and ten, one thousand nine hun-
dred and eleven and one thousand nine hundred and twelve, at
the same time and in the same manner with the levies of other
county taxes in said years, on all taxable property and polls in
said county. The special tax in each of said years shall not ex-
ceed fifteen cents on the one hundred dollars valuation of property
and forty-five cents on each taxable poll ; and in making the levy
the commissioners shall observe the constitutional equation be-
tween the property tax and the poll tax ; said tax to be expended
and applied to the payment of the indebtedness and current ex-
penses of said county.
Sec. 2. That said taxes shall be levied and collected as other
public taxes are levied and collected in said county.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 633.
AN ACT TO CREATE A RECORDER'S COURT IN NASH
COUNTY.
The General Assembly of North Carolina do enact:
County com- Section 1. The county commissioners of Nash County may es-
SuS'^co^rt^ tablish at Nashville, North Carolina, a recorder's court for the
county of Nash.
1909— Chapter 633. 1001
Sec. 2. Said court shall be a court of record, and shall be pre- Court of record.
sided over by a recorder, who may be a licensed attorney at law. Recorder.
of good moral character and in good standing in his profession,
and who shall be at the time of his election and qualification an
elector in and for said county. Said recorder shall be elected by Election of
rGCordcr
the board of county commissioners at their regular meeting on
the first Monday in April of each and evex*y year, and shall hold
for a period of one year, and should a vacancy occur in said office Vacancy.
the same shall be filled by the said county commissioners as pro-
vided for the appointment of the recorder. The said appointee
shall hold said office during the remainder of said term. Before Recorder to
entering upon the duties of his office, the said recorder so elected ^^^ ' ^'
shall take and subscribe an oath of office, as is now provided by
law for justices of the peace, and shall file the same with the clerk
of the Superior Court of said county of Nash, which clerk will
duly record the same. Said recorder's salary shall be determined Salary,
by the board of county commissioners and paid out of the county
fund upon such vouchers as are now required for the payment of
county bills.
^ Sec. 3. Said court shall be open for the trial of cases on each Sessions of court.
and every Monday morning at ten o'clock, at the county site, and
shall continue in session daily until the business before it shall be
disposed of.
Sec. 4. Said court shall have all jurisdiction and power in all Jurisdiction,
criminal cases arising in said county which are now or may here-
after be given to justices of the peace, and, in addition to the juris-
diction conferred by this section, shall have exclusive original
jurisdiction of all other criminal offenses committed in said county
below the grade of felony, as now defined by law, and the same
are hereby declared to be petty misdemeanors.
Sec. o. When, upon affidavit made before entering on the trial Removal of
causes.
of any case before anj' justice of the peace, it shall appear proper
for said case to be removed for trial to some other justice, as is
now provided by law, said cause may be removed for trial to said
Recorder's Court of Nash County.
Sec. 6. In all criminal cases heard by justices of the peace and Recognizances to
the other committing magistrates of said county against any i)er-
son or persons for any offense included in section four of this act, in
which probable cause of guilt is found, such person or persons
shall be bound in a personal recognizance with surety, to appear
at the next succeeding session of the recorder's court for trial,
and in default of such surety such person or persons shall be com-
mitted to the common jail of such county to await trial.
Sec 7. All trials of criminal actions shall be upon warrant Trials on
issued by the clerk of the Superior Court, who shall also be clerk of cierk of court,
the recorder's court.
1002
1909— Chapter 633.
Fees of officers.
Sentences to road
work.
Collection of fines.
Civil jurisdiction.
Appeals from
justices' courts.
Proviso: continu-
ance of causes.
Appeals.
Summons in civil
cases.
Return day.
Proviso: service
of summons.
Pleadings.
Judgments
docketed.
Sec. S. All such .Instices of the peace and constables and sheriffs
shall have the same fees as are now prescribed by law. and shall
be collected and paid out in the same manner and by the same offi-
cers as collect and disburse the said fees in the Superior Court.
Sec. 0. Whenever any person or persons shall be convicted iu
the recorder's court for any of the offenses mentioned in this act,
and the punishment imposed is imprisonment and costs, the said
recorder shall sentence the said defendant to imprisonment in the
connnon jail of said county, to be worked iipon the pul)lic roads
of said county. All fines imposed shall be collected by the clerk
of the Superior Court as is now done in the Superior Court, and
where a defendant is convicted and fails to pay the cost the county
shall pay such costs as is allowed by law in similar cases before
the Superior Court.
Sec 10. Said court shall have all jurisdictions and powers in all
civil matters arising in said coiTnty which are now or may here-
after be given to justices of the peace, and in addition to the juris-
diction conferred by this section shall have exclusive original
jurisdiction of all other civil actions arising in said county out of
contract, where the sum demanded does not exceed the sum of five
hundred dollars, and those arising out of tort where the value of
the property or the amount in controversy does not exceed two
hundred dollars. All civil matters tried by justices of the peace
in said county, where either party to the suit appeals from the
judgment of said justice, the said case on appeal shall be sent to
the recorder's court for a new trial, as is now provided by law
for the trial of cases in the Superior Court upon appeal fi'om jus-
tice's court, and shall be heard at the first sitting of the court
after the appeal is sent up: Provided, this shall not prevent a
continuance of any cause until some future day, upon good cause
being shown to the court.
Sec. 11. Any person desiring to appeal to the Superior Court in
a criminal or civil case from a judgment of the recorder's court
shall be allowed to do so in the same manner as now provided for
appeals from the courts of justices of the peace.
Sec 12. All civil actions shall be commenced in said recorder's
court by summons issued by the clerk of the Superior Court, and
shall be returnable the first Monday after service: Provided,
service shall be had on or before Wednesday preceding the day of
return. The plaintiff shall file a written complaint on the return
day of such summons. The defendant shall file his written answer
or demurrer on or before Wednesday night following the return
day of said summons, and the case shall stand for trial on the
first Monday after the return day thereof.
Sec 1.3. All judgments in civil actions, excepting those for costs
only, rendered by the recorder shall be duly docketed in the office
of the clerk of the Superior Court, and execution shall issue
thereon, as is now provided liy law for executions.
1909— Chapter 633—634. 1003
Sec. 14. lu all actions and matters where a justice of the peace Venue of suits.
does not now have exclusive jurisdiction the plaintiff in such
action may bring original suit, either in the Recorder's Court of
Nash County, as established by this act, or in the Superior Court
of Nash County, at their election.
Sec. 15. Nothing in this act shall prevent the recorder elected Recorder may
., . -, ^ . . 1 • ^ ■ J.X, J- practice law.
by the board of commissioners and serving as such in the court
hereby established from practicing law in the higher courts of the
county and State in any and all cases which have not been passed
upon by him in his court.
Sec 16. This act shall be printed at once, upon its ratification. Act to be printed
and a copy thereof mailed by the Secretary of State to the chair- '^" *^°^^ ™'^' ^
man of the Board of Commissioners of Nash County.
Sec. 17. Provided, that nothing in this act shall be in conflict Recorder's court
with the recorder's court at Rocky Mount, North Carolina. ^ ^'^ '^ '
Sec 18. That the said board of commissioners are authorized. Power to discon-
after twelve months' trial of said court, to discontinue said court ^'""® ^°"^ '
if in their judgment it is best to do so ; that either plaintiff or de- jury trials,
feudaut in actions in this court may demand and have a jury, as
provided in courts of justices of the peace, except the jury shall
be twelve in number instead of six ; that the recorder of said
court, in all cases in which in his judgment the ends of justice
would be best served by submitting the issue to a jury, may have
a jury called of his own motion, as above provided, and submit the
is.sue to the jui'y-
Sec 19. This act shall be in force from and after tJie first Mon- When act
day in April, one thousand nine hundred and nine. e ec ue.
Ratified this the Cth day of March, A. D. lfH>0.
CHAPTER 634.
AX ACT FOR THE STATE PRINTER TO rrP.LISH THE
FARM P.FLLETINS OF THE NORTH CAROIJNA AGRICUL-
TT'IiAL EXPERIMENT STATION.
77/1'' (Imrrdl Aft-'<crnhly of XorfJi Ciiroliiid do rnael :
Section 1. That the farm liulletins and reports containing tlic Bulletins and
...... , . , 1 ,. reports to be
experiments, investigations, conclusions and recommendations published as other
made to farmers and distrilnited free for their information and ^^^^^ printmg.
benefit l)y the North Carolina Agricultural Experiment Station,
established by act of the General Assembly of Mai'ch twelfth, one
thousand eight hundred and eighty-seven, and now supported liy
the National Govermiieut. shall lie ])ublishod by the State Printer
as other State printing.
Sec 2. That this act shall I)e in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 11)00.
100-i
1909— Chapter 635.
CHAPTER 635.
AN ACT TO DRAIN THE LOWLANDS OF CLARK'S CREEK
AND ITS TRIBUTARIES, IN CATAWBA COUNTY.
Preamble.
Preamble.
Preamble.
Preamble.
Commissioners
appointed.
Corporate name.
Corporation.
Corporate powers.
Powers in regard
to drainage.
Bond issue
authorized.
Amount.
Maturity.
Whereas there are many acres of land on Clark's Creek and its
tributaries, in Catawba County, that have been, are now and are
liable to be greatly damaged and diminished by reason of the shal-
low and narrow channel of said creek and the filling of same, by
reason of the limited and sluggish flow of said creek and improper
drainage ; and whereas, by reason of same, the bottom lauds over-
flow and become wet and soggy, the formation of cesspools and
the injured condition of the soil, the health of the community has
been greatly injured and much sickness caused thereby ; and
whereas a conservative assessment upon the acreage to be bene-
fited would make a fund sufficient, if wisely and judiciously ex-
pended, to lower the channel and bed of said stream, by excava-
tion, the widening and changing the creek, and removing the ob-
struction, giving said creek a better fall and outlet for the water,
would thereby greatly remedy and improve the condition of the
land, dry and reclaim the wet and overflowed lands, making same
productive to cultivation, increasing its value, and more especially
improve the sanitary condition and health of the public and commu-
nity in general ; and whereas, it is impracticable to do this much-
needed work without legislative aid, whereby there can be concen-
trated effort equally and mutually beneficial to all the owners :
therefore.
The General Assembly of Xorth Carolina do enact:
Section 1. That a commission of three men, to-wit, C. E. Long,
J. C. Ikerd and M. B. Bost, of Catawba County, North Carolina,
and their successors in office, be and they are hereby appointed and
constituted a commission for the purpose of carrying out the work
suggested in the preamble of this act, to be known as "Catawba
County Drainage Commission, Number One," of Catawba County,
North Carolina, and in that name they shall be a corporation,
with power to have a corporate seal, sue and be sued, contract and
be contracted with, and generally to do whatever may be neces-
sary to be done in order to make effectual the drainage of Clark's
Creek and its tributaries, in Catawba County, North Carolina, be-
tween the Lincoln County line and whatJs commonly known and
called as the Old Pink Reinhardt Mill, in Catawba County, which
said power and authority shall embrace the right to purchase all
necessary machinery, dredging machine, tools, appliances and
other material to carry out said work, and to issue the note or
bond of the obligation of said corporation iu an amount not ex-
ceeding fifteen thousand dollars, payable in amounts to be fixed
1909— Chapter 635. 1005
by said commission and at stated intervals, not exceeding ten
years, to be fixed by said corporation or commission; and said
commission or corporation shall be possessed of all such powers as
are usually gi-anted and pertain to corporations.
Sec 2 Said commission shall meet and organize as soon as pos- Commission to
^ J,, . , meet and organize,
sible, and at the first meeting shall elect one of their number Organization.
chairman, another vice chairman and another secretary, and may
elect an outsider treasurer or may consolidate the offices of secre-
tary and treasurer, and in that event elect one of their number
secretary and treasurer, and shall direct the secretary to procure Record books,
necessary books upon which to keep a perfect record of all deal-
ings and transactions of said commission or corporation, and shall Superinie^n^d^ent or
have the authority and right at any time to employ a superintend- hands.
ent or overseer and hands to do said work, and fix their compen- Compensation,
sation and date of payment, and to execute the obligation or notes
of said corporation for the payment of same in the name of said
corporation; and shall also have the authority, in the discretion Woric^may be let
of the said commission, to contract for the whole of said work or
a part of same, and to enter into contract for letting of same and
the payment of said work, and to employ counsel.
Sec. 3. The said commission shall make a just estimate of all Estimate of lands.
the lands along Clark's Creek and its tributaries, within Catawba
County and within the terminal points mentioned and designated
in section one, that will in their judgment be benefited, either gen-
erally or specially, by the work proposed and contemplated to be .
done, and make a list of the owners of said lands, with the esti- L^st oHandowners
mated number of acres to be benefited by each owner ; and in benefited,
making said estimate the said commission is authorized to take I'stfmlte!'^'''^^ ^°
into consideration and estimate all lands lying within one-half
mile of the center of Clark's Creek, the measurement to be air
line and at right angles to center of said creek, upon either and
both sides of said creek, and upon all tributaries of Clark's Creek,
extending up said tributaries from the point where same empties .
into Clark's Creek for a distance of one and one-half miles, and
all lands upon said tributaries and within one-fourth of a mile of
the center of said tributary streams, measured at right angles and
air line from center of said tributary streams, on both and either
sides of same, and shall be measured and estimated, and said
commission shall make a just estimate of all lands on Clark's
Creek and its tributaries, within the radius prescribed and limits
herein defined, as in their judgment will be benefited, either gen-
erally or specially, and both, by the work to be done, and make
a list of the owners of said lands, with the number of acres to be
benefited by each owner ; and in making said estimate may take Special benefits
into consideration the special benefits to any one or more land- '^°"'''
owners to be derived by same, and assess said landowner or own-
ers a larger amount in accordance with the special lienefits. Said
lOOG
1909— Chapter 635.
Employment of
engineer.
Drainage district
established.
Examination and
classification of
lands.
Matters for con-
sideration.
Land separated
into five classes.
Scale of assess-
ment.
Notice of day of
hearing.
Commission to
hear and deter-
mine complaints.
coumiission is further authorized and empowered to employ a r-om-
peteut engineer to do such surveying as is necessary and desired
l)y said commission and as may be required by this act. That tlie
boundary as herein descrilied be and tlie same is established as a
drainage district.
Sec. 4. It shall be the further duty of the said commission to
view and personally examine the land embraced within the radius
mentioned in paragraph three herein, and classify it with refer-
enee to the benefit it will receive from the canaling and improve-
ment and work contemplated in this act ; and the said commission
will take into consideration the degree of wetuess of the lands, its
proximity to the creek, its natural outlet aud the fertility of the
soil, which shall be considered in determining the amount of bene-
fits it will receive by the contemplatetl improvements. The land
benefited shall be separated into five classes : The land receiving
the highest benefit shall be marked "Class K," that receiving the
next highest l)enefit "Class L,"" that receiving the next highest
!)enefit "Class M," that receiving the next highest benefit "Class
N." and that receiving the smallest benefit "Class O." The hold-
ings of any one landowner need not necessarily be all in one class,
but the number of acres in each class shall be ascertained, though
its boundary need not be marked on the ground or shown on any
map. The total number of acres owned by one person in each
class and the total number of acres benefited shall be determined.
The total number of acres of each class in the entire district shall
be estimated as nearly as practicable and presented in tabulated
form. The scale of assessment upon the several classes of land
returned by the commission or found by them shall be in the ratio
of five, four, three, two and one — that is to say, as often as five
mills per acre is assessed against the lands in "Class K," four
mills per acre be assessed against the lands in "Class L."' three
mills per acre in "Class M," two mills per acre in "Class N." and
one mill per acre in "Class O." This shall form the basis of the
assessment of benefits to the lands. That after said commission
has assessed the benefits to the lands they shall give notice at the
courthouse door in Newton, Catawba County, and by posting no-
tice at five points along the line of Clark's Creek, appointing a
day on which said board of commissioners will meet at the court-
house in Newton, Catawba County, to hear any and all complaints
of the landowners of the assessments made against said lands,
which said notice shall give ten days' time or notice of said meet-
ing, at which time the said commission will sit as a body to hear
and determine all complaints that may be filed with them, and shall
have the right to hear any and all evidence introduced and
offered in said matter, and determine the proper assessment
against said complainants and fix the assessment against all the
lands within the radius mentioned and set forth in section three
1909 — Chapter 635. 1007
of this act; iuul said commission shall have the power and antlior- Powers of com-
ity to issue subpoenas for witnesses and hear their evidence and P'ssion at
. , „ nearing.
punish for contempt of their proceedings or court while sitting
and liearing said complaints ; and any party aggrieved by said Right of appeal,
assessments or other matters before said court shall have right
of appeal, at said time or within ten days thereafter, to the Supe-
rior Court of Catawba County, said appeal being talcen and prose- Prosecution of
cuted as now provided in appeals in civil actions, the party ap- Bo?fd on appeal
pealing being required to give bond in the sum of two hundred
dollars to pay all costs and assessments adjudged and awarded
against him upon said appeal. Said appeal shall have priority in Priority of appeal,
point of trial upon appeal to the Superior Court, and shall stand
for trial at next term of said court, by reason of its public nature.
Sec. 5. After the classification of the land and the ratio of Assessment roll,
assessment of the different classes to be made thereon has been
made, formulated and tabulated by the commission, the said
commission shall prepare an assessment roll, giving a description
of all the land ascertained from the public records and the amount
of assessment against each of the several tracts of land. In Amount to be
preparing this assessment roll the board shall ascertain the total beiiefl^tecl^"'^'''
cost of the improvement, including the damages awarded and to
be paid to the owners of laud, and all incidental expenses, and
the remainder shall be the amount to be borne and paid l)y the
lands benefited. This amount shall be assessetl against the several Apportionment of
tracts of land according to the benefits received, as shown by assessment.
the classification and ratio of assessment made by the connnission.
This drainage roll, showing the amount assessed and to be paid by Drainage roll in
the various and several tracts of land by the owners thereof, shall '^"Pli^ate.
bp made in duplicate, signed by the chairman and secretary, and Copy to be filed.
one copy filed with the secretary as part of the records of his
office and the other delivered to the sheriff or other county tax Copy delivered to
collector of Catawba County, which said roll shall show the name ^'^''"ff.
of the owner, the mnnber of acres of land upon which as.sessments
iiave been made, and the amount due by said landowner, and Order for coUec-
there shall be appended an ordci- to collect the said assessments ment°! ^^^^^^"
and amounts so certified, and same siiall have the force and effect
of a judgment, as in tlic case of State and county t.nxes. and Assessments col-
shall be collected in the same maimer, with the same powers. ^*^^^^^ '^^ ^''^^^'
same responsibilities and settled in the same way as taxes are
required to be collected and settled under the general laws, ex-
cept the same shall be due and payable from date of said hssess-
meiit roll being delivered to the sheriff for collection. After said Limit of annual
commission has assessed against the several tracts of land accord- ^^^^ssment.
ing to the benefits received, as shown by the classifications and
ratio of assessment as made by said coiumi.ssion. it shall have the
right to levy an assessment upon said benefits in an amount an-
nually not exceeding five dollars per acre, until the whole thereof
1008
1909— Chapter 635.
Installments of
assessment.
Notice for bond
issue.
Maturity.
Interest.
Land released on
payment of
assessment.
Consent to issu-
ance of bonds.
Waiver of defense
against assess-
ments.
Person defined.
Issue of bonds.
Interest.
Maturity.
Authentication.
Specific appro-
priation.
is paid or said contemplated improvement completed, or if the total
cost of the work is less than an average of five dollars per acre
on all the land in the district the assessment made against the
several tracts can be collected in one installment, in the discixetion
of the commission, or in two or three installments, in the dis-
cretion of said commission, by the officer as herein directed, in
the same manner as State and county taxes are collected and
payable. In case the total assessment exceeds the average f)f
five dollars per acre, or even one dollar per acre or fifty cents
per acre, the said Catawba County Drainage Commission, Number
One, may give notice of three weeks, by publication in some news-
paper in Catawba County, North Carolina, if there be one, and
also by posting a written or printed notice at the courthouse door
in Catawba County and five conspicuous places in the drainage
district, that they propose to issue bonds for the construction of
said improvement, giving the amount of bonds to be issued, the
rate of interest they are to bear, and the time when payable, not
exceeding in amount fifteen thousand dollars nor exceeding the
amount of assessed benefits for said work and improvements con-
templated, which said issues of bonds shall be for a period from
date of same, not more than ten years, bearing six per cent in-
terest. Any landowner having lands assessed in the district and
not wanting to pay interest on the bonds may, within thirty days
after the publication of said notice, .pay the treasurer the full
amount of his assessments and have his land released therefrom.
Neglect to pay same to the treasurer within said time shall be
deemed as consenting to the issuing of said bonds, and in consider-
ation of the right to pay his assessment in installments he thereby
waives his right to any defense against collection of said assess-
ment because of any irregularity, illegality or defect prior to
that time, except in the case of an appeal, as hereinbefore pro-
vided, which is not affected by this waiver. The term "person."
as used in this act, includes firm, company or corporation. At
the expiration of thirty days after the publication, the Catawba
County Drainage Commission, Number One, may issue bonds for
the full amount of the assessments not paid in to the treasurer,
together with the interest thereon, costs of collection or other in-
cidental expenses; the bonds to bear six per cent interest per
annum, payable annually, and shall be paid in equal installments
of not exceeding ten years, to be fixed by said commission. The
said bonds so issued shall have attached thereto coupons represent-
ing the interest on said bonds, which coupons shall be due and
payable annually, and shall bear the same number of the cor-
i-esponding bond. Said bonds shall be issued in the name of the
Catawba County Drainage Commission, Number One, and shall
be signed by its chairman and attested by the secretary, and the
oflicial seal of said corporation attached, and said bonds issued
1909— Chaptek 635. 1009
shall be for the exclusive use of prosecuting and carrying on the
improvement and work contemplated herein, and shall not be sold Bonds not sold
below par.
by the commission for less than par, and shall be numbered by the Record of bonds.
commission and recorded in a book for that purpose, showing
the purchaser and number of each bond and where payable, and
shall set out specifically the lands embraced in the district on which
the tax has not been paid in full (tax herein meaning assessment),
and which land is assessed for the payment of the bond issued
and the interest thereon. This assessment shall constitute the Priority of lien of
first and paramount lien, second only to State and county taxes, assessment.
upon the lands assessed for the payment of said bonds and the
interest thereon as they become due, and shall be collected in the
same manner by the same officers as the State and county taxes
are collected. If any installment of principal and interest repre- Enforcement of
seuted by the said bond shall not be paid at the time and in mandamus,
manner when the same shall become due and payable, and such
default shall continue for a period of six months, the holder or
holders of such bond or bonds upon which default has been made
may have a right of action against said commission and cor-
poration of said district, wherein the court may issue a writ of
mandamus against the said drainage commission, its officers, in-
cluding tax collector and treasurer, directing the levying of a tax
or special assessment, as herein provided, and the collection of
same, in such sum as may be necessary to meet any unpaid in-
stallment of principal and interest and cost of action ; and such
other remedies are hereby vested in the holder or holders of such
bond or bonds in default as may be authorized by law ; and the Right of action on
right of action is hereby vested in the holder or holders of
such bond upon -which default has been made, authorizing them
to institute suit against any officer on his official bond for failure
to perform any duty imposed b5' the provisions of this act. The of- Liability of sheriff
ficial bond of the sheriff or other tax collector of said county shall
be liable for the faithful performance of the duties heroin assigned
him, and such official bond may be increased by the board of Increase of bond,
county commissioners to meet the additional duties and liabilities
imposed by this act, unless the existing bonds shall be ample to
cover such increased liabilities. That in order to meet said bonds Collections for
at maturity and to pay the interest on same, they are authorized, sinking fund.
instead of collecting from the said lands so assessed for the bene-
fits to be derived by said improvement in one full sum, to assess
and collect annually a sufficient sum and levy ui)on the benefits
to each landowner an amount annually to meet said interest and
create a sinking fund to pay said bonds at maturity, and as said Investment of
sinking fund accumulates the said commission are authorized to
loan same and apply the interest so collected to said sinking fund,
and continue to do so until said bond issue shall be discharged ;
and in event said commission desires to pay off said bond issue
Pub.— 64
1010
1909— Chapter 635.
Bonds subject to
call.
Proviso: condition
expressed on face
of bonds.
Sheriff to collect
assessments.
Power and
remedies.
Compensation.
Bond of treasurer.
Pay of treasurer.
Pay of commis-
sioners.
Orders on treas-
urer.
Details of work.
Right of entry on
lands.
Work to have
preference.
before maturity they may assess a sufficient sum, and collect,
as will pay the interest and one-fifth of said bond issue, annually,
until fully paid and discharged, and in that event said commission
may pay oft' such bonds as the holders thereof may consent, or
in event the holder shall refuse to surrender said bond at par,
with accrued interest, said commission may designate the number
of the bond it will pay, and publish same in some newspaper
published in Catawba County, and from said date said bond shall
fail to bear interest: Provided, the said bonds shall be affected
with the conditions of this provision only when said conditions
are expressed upon the face of the bonds.
Sec. 6. That the sheriff, upon the delivery to him of the assess-
ment roll and list, shall immediately proceed to collect the same,
and to that end he shall have the power and remedies as he has
for the collection of the public taxes, and shall receive for such
services the same compensation as in the collection of State and
county taxes, and shall pay over same to the treasurer of said
corporation or commission and talce his receipt therefor.
Sec. 7. That said commission shall have the authority to fix the
amount of the treasurer's bond and to take and accept same and
file with the records of their board, and shall pay said treasurer
out of the funds the sum of two per cent upon amounts paid out
by him, and shall allow for each day actually served by each mem-
ber of the commission one dollar for his services, to be paid out
of the funds ; that all orders upon the treasurer shall be signed
by the chairman and attested by the secretary.
Sec. 8. That it shall be the duty of said commission to see that
all shoals, rocks, trees, brush and other obstructions interfering
with the free movement and rapid flow of said ^vater course shall
be removed as rapidly as possible, and they shall further cause
the bed of said stream to be widened to a width not exceeding
thirty feet, and to lower the bed and bottom of said stream not
exceeding fifteen feet, and may straighten said streams and change
same at such points and places as may seem to them to be for the
better flow of the water, and shall have the power to remove or
cause to be removed from the banks of said stream all such
growth or other hindrances as tend to retard the rapid flow of the
water of said stream on occasions of high water, and shall have
the right from time to time, its agents and employees or con-
tractors, to enter upon any lands along said water course and
tributaries for the purpose of carrying out the improvement and
work contemplated in this act ; and shall, after the completion of
same, have the right to enter upon said lands at any time for the
purpose of performing any work in making repairs and clear of
obstruction all growth or matter interfering with the free flow of
the water ; but in doing this work they shall give attention fii-st
to the widening and lowering and excavating of the bed of said
\
1909— Chapter 635. 1011
stream and making such changes as they may deem proper to add
to the better drainage and flow of the water and the removal of
rock and other hindrances to the rapid flow of the water.
Sec. 9. It shall be the duty and obligation of each of the mem- Commissioners to
bers of said commission to meet and qualify by taking the oath "^^^^ ^^^ qualify,
to faithfully discharge his duties as commissioner, after which Right to resign.
any member shall have the right to resign, or, for good cause, his vacancy declared
ofiice may be declared vacant by the other members, and all vacan- ^°^ cause,
cies, from whatever source or cause, shall be filled by the Board of FUling vacancy.
County Commissioners of Catawba County, North Carolina.
Sec. 10. If it shall be necessary to acquire a right of way or an Right of con-
outlet over and through lands not affected by the drainage, or fp*^;.^^'^''"" '^*^"'
shall he necessary to acquire land in changing the channel of said
creek for the betterment of the flow of the water and the improve-
ment of the objects and purposes of this act, and in either event
the same cannot be acquired by purchase, then and in that event
the power of eminent domain is hereby conferred, and the same
may be condemned. Such owner or owners of the land proposed Procedure for
. , -, , , , J.- J J- J .• 4.1 condemnation,
to be condemned may be made parties defendant m the manner
of an ancillary proceeding, and the procedure shall be substan-
tially as provided for the condemnation of rights of way for rail-
roads in chapter sixty-one of the Revisal of one thousand nine
hundred and five, so far as the same may be applicable, and such Payment of
damages as may be awarded as compensation shall be paid by the
commission out of the funds which shall be available from the
proceeds of sale of bonds or from collection of the assessments
upon benefits ; that every privilege, power and right to carry out
the provisions of this act are granted said commission to aid in
the further promotion of said work herein contemplated by this
act.
Sec. 11. The owner of any lauds that have been assessed for the Right of land-
costs of the construction and improvements herein directed and ^^"^^ ^° "^"^
allowed by this act shall have the right to use same as an outlet
for lateral drains from said lands; and if said lands are separated Procedure for
from the creek by the lands of another, and the owner thex-eof ^ecurmg access,
shall be unable to agree with said other as to the terms and condi-
tions on which he may enter their lands and construct said drain
or ditch, he may file a petition with said commission herein ap-
pointed and constituted a corporation, who shall act as arbitra-
tors of said matter and settle same, and said ditch shall be under
the control of the drainage commission herein appointed.
Sec 12. That the said Catawba County Drainage Commission, Superintendent of
Number One, shall have the power and right, at their discretion,
to elect or appoint a superintendent of the construction of said
work and improvement, and to fix his compensation and bond for Conipensation and
the faithful performance of same. °^ '
Sec. 13. That said commission may have an estimate of said Work may be let
work and improvement proposed made, and let the entire work out
1012
1909— Chapter 635.
Work under
supervision of
committee.
Contractor to give
bond.
Action on bond.
Power to remove
bridges.
Expense of
replacing bridges
borne by county.
Work when com-
pleted under
supervision of
commissioners.
Water course to be
kept in good
repair and open.
Assessments for
repairs and main-
tenance.
Proviso: repairs
made necessary
by acts of indi-
vidual land-
owners.
by contract, or by section, to be laid off by said commission, and
to contract for tbe same, or it may do the work and improvement
by purchasing a dredging machine or other machinery and hiring
hibor, under the commission's supervision or that of a superintend-
ent. In event said commission shall decide to let said work to
bidders for the whole or by sections or any part of same, the suc-
cessful bidder shall be required to enter into a contract with the
Catawba County Drainage Commission, Number One, and to exe-
cute bond for the faithful performance of such contract, with
sufficient sureties in favor of the Catawba County Drainage Com-
mission, Number One, in an amount equal to twenty-five per cent
of the estimated cost of the work awarded to him. If any con-
tractor to whom a portion or all of said work shall have been let
shall fail to. perform the same according to the terms specified in
his contract, action may be had in behalf of the Catawba County
Drainage Commission, Number One, of Catawba County, against
such contractor and his bond in the Superior Court for damages
sustained, and recovery made against such contractor and his
sureties.
Sec. 14. That said Catawba County Drainage Commission, Num-
ber One, shall have full power and authority to remove any public
highway bridge across any of the streams within the radius per-
mitted in this act and fixed as a drainage district, and place same
upon the bank of said stream and proceed with its work ; and on
account of the public nature of said work and the general benefit
to the health of the community the costs of replacing said bridges
shall be borne and paid by the county of Catawba, and the county
commissioners of said county will have said bridges replaced and
paid out of the general county funds.
Sec. 15. Whenever said improvement is completed it shall be
under the control and supervision of said Catawba County Drain-
age Commission, Number One, and it shall be the duty of said
commission to keep said water course in good repair and open, and
for this purpose may levy an assessment on the lands benefited by
the construction of such improvement in the same manner and in
the same proportion as the original assessments were made, and
the fund that is collected shall be used for repairing and main-
taining said water course in perfect order: Provided, Jioicever,
that if any repairs are made necessary by the acts or negligence
of the owner of any land through which such improvement is con-
structed, or by the act or negligence of his agent or employees, or
if the same is caused by the cattle or other stock of said owner,
employee or agent, then the cost thereof shall be assessed and
levied against the lands of said owner alone, to be collected by
proper suit instituted by the commissioners.
1909— Chapter 635—636. 1013
Sec. 16. It shall be unlawful for any person to injure or damage injury to work a
or obstruct or build any bridge, roadway, fence or flood gate in misdemeanor,
such way as to injure or obstruct the improvements and water
flow of said stream under the provisions of this act, and any per-
son so causing such injury shall be guilty of a misdemeanoi', and Punishment,
upon conviction thereof may be fined in any sum not exceeding
twice the damages or injury done or caused.
Sec. 17. That said commission or any of its agents, officers, em- Right of entry on
ployees or contractors shall have the right to enter upon the lands ^° ^'
adjoining said work at any time for the purposes of said improve-
ment, without hindrance or objection or subjecting themselves
or their agents, employees or contractors to indictment for tres-
pass. ,
Sec. is. That, subject to the requirements hereinbefore set forth. Work at discre-
the said commission shall prosecute said work at their discretion, gjon." ^*^™™^'''
with a view of accomplishing the greatest good to the largest body
of land to be benefited, until the whole of said work shall be com-
pleted and the health of the community benefited and improved.
Sec. 19. It shall be a misdemeanor, punishable by fine not to punishment for
exceed fifty dollars, or imprisonment not to exceed thirty days, for obstructing water
•' ' •■ J J J course or inter-
any person or persons to obstruct the flow of water in said stream fering with work.
or to interfere with the work of said commission draining said
creek and lauds.
Sec. 20. That all laws and clauses of laws in conflict herewith
are repealed.
Sec. 21. That this act shall be in force and effect from and after
its ratification.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 636.
AN ACT TO ENFORCE THE BETTER DRAINAGE OF CER-
TAIN LANDS IN GASTON AND LINCOLN COUNTIES.
TJie General Assembly of North Carolina do enact:
Section 1. That R. K. Davenport, B. F. Carpenter, .T. A. Rankin, Landowners on
„^ ^,-^,.-,-,, ^,, -^-r ^ -w. ^, -. -r -n Dutchman's creek
A. P. Carpenter, D. J. Black. J. H. Sadler, W. G. Rutledge, J. L. to clear out
Cornwell, A. R. Beatty, R. W. Nantz, W. M. Broadway, J. H. stream.
Beatty, Mrs. D. F. Eddleman, M. C. Luckey, M. .7. Rhyne, L. E.
Rhyne, J. A. Abernethy, J. R. Lewis, W. D. Abernethy, C. F. Smith.
W. B. Rutledge, C. W. Rankin. G. M. Shiver, Matt R. Jenkins,
Henry Sadler, Adam Sanders, G. P. Stroup, J. Lee Black, J. E.
Black, W. S. Painter, E. V. Cloniger, R. S. Black, S. H. Black,
W. T. Cornwell, John C. Rankin, John C. Rankin (agent), J. A.
Davenport, Mrs. M. A. Rankin, A. A. Farror, A. H. Baker, H.
1014
1909— Chapter 636.
stream to be kept
clean.
Proviso: limit of
obligation.
Proviso: obliga-
tion to follow
ownersliip of land.
Proviso: dams not
to be destroj'^ed.
Complaints of
failure by land-
owners.
Jury of view.
Work done at cost
of delinquent
landowner.
Estimate of
expense.
Costs to follow
judgment.
Lien on land.
When act
effective.
Hoover, Jerry Tate and all others owning lands contiguous to and
lying upon Dutchman's Creek, in Gaston and Lincoln counties, be
and are hereby required, within six months after the ratification
of this act, each at his or her own cost and expense, to clear out
said stream or creek, so as to give full and adequate drainage of
the adjacent land and to render the same fit for cultivation, and
shall keep the same clean in like manner from year to year and as
often as the incidents of nature, by storm or flood or by any other
artificial or other cause, shall make the cleaning out necessary :
Provided, that no landowner shall be required to clean out said
stream or creek and keep the same cleaned out only so far as said
stream or creek shall be upon and next to his or her own lands ;
and Provided further, that if any of the lands of any of the afore-
said parties shall by descent or purchase be transferred to any other
person or persons, the person or persons so taking the same by
descent or purchase shall be subject to the provisions of this act:
Provided, that this act shall not require any dam or dams to be
torn out or destroyed.
Sec. 2. That if in the opinion of any of the said landowners or
subsequent owners, as provided in section one, any other of said
owners at any time shall fail or refuse to perform the duties re-
quired by this act, in that case he or she may apply in writing to
any justice of the peace in Gaston or Lincoln county, the county
in which the land lies, setting forth specifically his or her cause of
complaint, and thereupon it shall be the duty of the said justice of
the peace to appoint two disinterested landowners, who, with
himself, shall visit and view the premises complained of, ascer-
tain whether the cause of complaint be true, and render judgment
according to their findings, in writing. If the judgment shall be in
favor of the complainant, then the landowners, or any one of them,
are hereby empowered to enter upon the lands complained of, and
to do the work so found to be necessary, at the cost and expense
of the party complained of. The cost and expense of such work
shall be estimated by said justice of the peace and said landown-
ers, which shall be in writing, Avith their judgment, as before pro-
vided. If judgment be for respondent, then it shall be in wu-iting.
as before provided for. The cost of the proceedings, together with
the estimate of the work, shall be paid by the party against whom
judgment is rendered, and shall be a lien on the land of the per-
son or persons against whom judgment shall be given.
Sec. 3. That this act shall be in force six months after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 637. 1015
CHAPTER 637.
AX ACT TO PROVIDE FIRE ESCAPES AND PROTECT
HUMAN LIFE.
The General Assemhhj of yorth Carolina do enact:
Section 1. That all hotels, lodging houses, school dormitories, Buildings here-
' after constructed,
hospitals or sanitariums hereafter constructed in this State, over
two stories in height and over one hundred feet in length, shall be
constructed so that there shall be at least two pairs of stairs for
the use of guests leading from the ground floor to the uppermost
story, and for larger buildings such number as the proper officials
shall designate. Everv hotel, lodging house, school dormitory, bos- Permanent iron
' . . , balconies and
pital or sanitarium in the State, three stories and over m height, stairs.
shall be provided, without delay, with permanent iron balconies
with iron stairs leading from one balcony to the other, to be placed
at the end of each hall above the second story, in case such hotel,
lodging house, school dormitory, hospital or sanitarium is over
one hundred and fifty feet in length, and in other cases such num-
ber as may be directed by the Insurance Commissioner or chief
of fire department of such city or town in which such hotel, lodg-
ing house, school dormitory, hospital or sanitarium is located :
Provided, that where said hotels, lodging houses, school dormito- Proviso: buildings
,,,,,. already built.
ries, hospitals or sanitariums, already built and only three stories
in height, are, in the opinion of the Insurance Commissioner, pro-
vided with sufiicient inner stairways, so located as to furnish suffi-
cient egress in case of fire, the said commissioner may waive the
requirement for outside iron balconies and stairs. Such balconies Expense of bal-
, ,, , i 0. 1 . . 1 £ ii conies and stairs.
and iron stairs shall be constructed at the expense of the owner
of said hotel, lodging house, school dormitory, hospital, sanitarium
or theater : Provided, that this act shall not apply to private resi- Proviso: private
deuces at which lodgers are not received for hire.
Sec. 2. Places of puhlic amusement, how constructed. — That Doors to places of
„ , ,. public arause-
every theater, opera house or other like place of public amuse- ment.
ment shall have as many doors for egress therefrom as may be
necessary and can be made consistently with the proper strength
of the building; that all such doors shall bo hung so as to open
outwardly, or both outwardly and inwardly ; and the seats therein Arrangement of
shall be arranged in rows properly spaced, with aisles of adequate
width, so as to afford easy egress therefrom. All scenery shall be Scenery.
made as secure against becoming inflamed as reasonably practical,
and also all reasonably practical arrangements shall be made for Arrangement for
, ,, - ^. . , . supply of water
the constant supply of water and other means for extinguishment and other means
of fires, and they shall be kept constantly effective during the pres- ^^Jif/.'"^"'^*^'
ence of an audience: Provided, that the Insurance Commissioner Proviso: front
may require all theaters to be e(|uipped with a front curtain of asbestos*?
asbestos or other fireproof material, to be furnished by owner of
1016
1909— Chapter 637.
Doors on school-
houses, factories
and buildings of
public resort.
Proviso: double
hinges.
Outside fire
escapes.
Iron stairs.
Drop ladder.
Rope or portable
fire escape.
Each story sup-
plied with means
of extinguish-
ment.
Doors to open
outwardly.
Buildings to be
supplied with
means of egress.
the buikling; tliiit said asbestos curtaiu shall be raised and low-
ered not less than twice before each performance, in order to
guarantee its being in perfect working order.
Sec. 3. Doors to certain buildings to he hung, how. — All doors
for ingress and egress to and from all public-school houses and
other buildings, and also of all theaters, assembly rooms, halls,
churches, factories with more than twenty employees, and all
other buildings or places of public i-esort whatever where people
are wont to assemble (excepting schoolhouses and churches of one
room on the ground floor) which shall hereafter be erected, to-
gether with all those heretofore erected and which are still in
use as such buildings or places of resort, shall be so hung as to
open outwardly from the audience rooms, halls or workshops of
such buildings or places : Provided, that said doors may be hung
on double hinges, so as to open with equal ease outwardly or in-
wardly.
Sec. 4. Fire escapes from haJconies.—Th^t all factories, manu-
factories, establishments or workshops of three or more stories in
height, in which thirty or. more i^eople ai-e employed above the
first floor thereof, shall be provided with one or (if the proper
officials shall deem necessary) more outside fire escapes, not less
than six feet in length and three feet in width, properly and
safely constructed, guarded by iron railings not less than three
feet in length and taking in at least one door and one window
or two windows at each story and connected with the interior by
easily accessible and unobstructed openings ; and the said fire
escapes shall connect by iron stairs not less than twenty-four
inches wide, the steps to be not less than six inches tread, placed
at not more than an angle of forty-five degrees slant and protected
by a well-secured hand rail on both sides, with a twelve-inch-wide
drop ladder from the lowest platform reaching to the ground ; that
no outside fire escapes shall be required where there are already •
sufficient inside stairways ; that for every twenty people employed
on any floor above the second floor of every factory and workshop
there shall be one rope or portable fire escape, and that each story
shall he amply supplied with means for extinguishing fires ; that
all the main doors, both inside and outside, in factories, except
fire doors, shall open outwardly, when the proper official shall so
direct, and that no outside or inside door of any building wherein
operatives are employed shall be so locked, bolted or otherwise
fastened during the hours of labor as to prevent egress.
Sec. 5. Ways of escape. — That every building now or hereafter
used, in whole or in part, as a public building, public or private
institution, schoolhouse, church, theater, public hall, place of as-
sembly or place of public resort, and every building in which
twenty or more persons are employed above the second story in a
factory, workshop or mercantile or other establishment, the owner
1909— Chapter 637—638. 1017
or ageut of the owner of which said buildings is notified in
writing l)y the Insurance Commissioner or any one of his deputies,
shall be provided with proper ways of egress or other means of
escape from fire sufficient for the use of all persons accommodated,
assembled, employed, lodging or residing in such building or build-
ings, and such ways of egress and means of escape shall be kept Exits to be kept
free from obstructions, in good repair and ready for use. Every tions^."^"™ obstruc-
room above the second story in any such building in which twenty Exits above
"^ second story.
or more persons are employed shall be provided with more than
one way of egress by stairways on the inside or outside of the build-
ing. All doors in any building subject to the provisions of this Doors to open
act shall open outwardly, if the Insurance Commissioner or one of *^" ^^"^ ^''
his deputies shall direct in writing.
Sec. 6. That the Insurance Commissioner is charged with the insurance com-
execution of this law, and the said commissioner or chief of the nnssioner charged
' with execution of
fire department are hereby vested with all privileges, duties and law.
obligations placed upon them in section four, chapter fifty-eight, ance commis-"'^"
Public Laws of one thousand eight hundred and ninety-nine, in |'°e"deDanm^iit °^
regard to the inspection of buildings for the purpose of enforcing
the provisions of this act in regard to the buildings and require-
ments herein, and any owner or occupant of premises failing to Failure to comply
comply with the provisions of this act in accordance with the demeanor! ™'^"
orders of the authorities above specified shall be guilty of a mis-
demeanor and punished by a fine of not less than ten dollars nor Punishment.
more than fifty dollars for each day's neglect : Provided, hoivever,
that if any owner or lessee of any building referred to in this act
shall deem himself aggrieved by any ruling or order of any chief
of fire department or local inspector, he may within twenty-four Appeal to insur-
hours appeal to the Insurance Commissioner, and the cause of sion^r"™'"'^'
complaint shall at once be investigated by the direction of said
commissioner, and unless by his authority the order or ruling
iS revoked it shall remain in full force and effect and be forth-
with complied with by said owner or lessee.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 638.
AN ACT RELATING TO MACADAM ROADS IN IREDELL
COUNTY.
The General Assem'bly of North Carolina do enact:
Section 1. That there may be elected by said board of commis- Election of super-
sioners at one of their regular meetings a competent superintend- roads. *^"
ent of roads, skilled in the modern method of road building, who Compensation,
shall be paid a reasonable compensation, to be fixed by the board
of commissioners ; and said superintendent of roads may be re- cauTe!^^ °^
1018
1909— Chapter 638.
Vacancy.
Duties of superin-
tendent.
Charge of
macadam roads.
Appointment of
guards and
employees.
Compensation.
Liability for
injury to convict.
Permitting escape
a misdemeanor.
Punishment.
Proviso: liability
for injury to
prisoner attempt-
ing to escape.
Right to rearrest
convict.
moved from office at any time by said board of commissioners
when in tbe opinion of the board there exists good and sufficient
cause for such action, and for malfeasance or misconduct in office,
and may be removed by them without further notice than may be
necessary to give him a hearing, and said board of commissioners
shall have power to fill any vacancy in said office of superintend-
ent of roads that may occur, by removal or otherwise.
Sec. 2. That it shall be the duty of said superintendent of roads
to give his entire time to building, directing, maintaining and re-
pairing the highways and public roads of Iredell County ; shall
have charge of the supervision, maintaining of and building of all
public roads and highways in said county, including the supervis-
ion of the convict force, which shall be committed to his custody
by the board of county commissioners ; and the said superintend-
ent shall have direct charge, control and management of main-
taining and keeping in good order all macadam roads of said
county, either with work by convict forces or by the employment
of some one under his direction, to repair and maintain the same,
subject to the approval of the board of county commissioners.
Sec. 3. That said board of commissioners or superintendent,
subject to the approval of said board, shall appoint, with power
to remove at any time, such guards or other employees as may
be needed to take charge of the convict force, said guards and em-
ploj^ees to be paid such compensation for services rendered as may
be fixed by the board of county commissioners.
Sec. 4. No superintendent, guard or other employee of said
commissioners shall be held either criminally or civilly liable for
any injury inflicted upon any convict in his custody or under his
supervision while in good faith and with due care enforcing
such discipline as may be necessary to cari-y out such rules and
regulations in the working of convicts upon the highways or pub-
lic roads as said commissioners may from time to time enact anf!
promulgate. If any superintendent, guard or other employee who
may have such persons in his charge shall willfully or negligently
permit any prisoner to escape from his custody, such superintend-
ent, guard or employee shall be guilty of a misdemeanor, and upon
conviction shall be fined or imprisoned in the discretion of the
court : Provided, that no superintendent, guard or other employee
shall be held criminally or civilly liable for inflicting any wound
or other injury upon any prisoner who may attempt to escape
from his custody or control, if such superintendent, guard or other
employee shall have reasonable ground to believe and shall be-
lieve it necessary to so wound or otherwise injure such prisoner
in order to prevent his actual escape from custody ; and any su-
perintendent, guard or other employee from whose custody any
convict shall have escaped, or any other officer or private citizen,
shall have the right at any time thereafter to rearrest such
1909— Chapter 638. 1019
escaped convict and to use such means as sliall actually be neces-
sary to that end ; and no person, in arresting or attempting to Liability for
.,,„,,,,..„ ..,,,. wound or injury,
arrest any escaped convict, shall be held civilly or criminally lia-
ble for any wound or other injury which he may inflict upon such
convict while so attempting to arrest him, if he shall have had
reasonable grounds to believe, and did believe, that it was neces-
sary to resort to such means in order to make such arrest.
Sec 5. That said board of commissioners, in addition to the Power to let roads
building of macadam public roads and highways by convict forces, ° ^°^ ^^
shall have the power to let by contract, at a fair and reasonable
price, any part or section of public road or highway in said county
to be macadamized which in their opinion is proper and right, and Payment of con-
the contract price, when such road is accepted by the board of ^^'^ ^"^^'
commissioners, shall be paid out of the road fund of said county.
Sec. 6. That all persons confined in the county jail, under a final Prisoners to be
sentence of the court, for crimes, or imprisoned for nonpayment ""'o^ked on roads,
of costs or fines, or under final judgment in cases of bastardy, or
under the vagrant acts, all insolvents who shall be imprisoned for
nonpayment of costs, all persons who shall be sentenced to the
State's Prison for a term of not more than ten years shall be
worked on the public roads of said county, and all such convicts Care of convicts,
shall be fed, clothed and otherwise cared for at the expense of
said road fund : Provided, that in case of serious physical disa- proviso: convicts
bility, certified by the county physician, persons convicted in any Np.'^K^R'P'^'^^^
court may be sentenced to the State's Prison or the county jail.
Sec. 7. That the said board of county commissioners is hereby convicts from
authorized to accept convicts from other counties of the State sen- °*^®^ counties,
fenced by Superior Court judges, whenever in their judgment it is
deemed advisable to do so, and the cost of transporting and main- cost of trans-
taining such convicts or prisoners shall be paid from said road n?aiiuenan^e.
funds.
• Sec. 8. The superintendent of health of the county shall attend Medical attention
the convicts as though they were confined in the county jail. If ^° convicts.
the superintendent of health shall be unable to attend the con-
victs, from any cause, the county commissioners are hereby au-
thorized to contract with a physician to attend such convicts.
Sec. 9. That for the pui-pose of carrying out the provisions of Entry on landjor
this act the board of commissioners, through its superintendent, material,
after first consulting the owner or owners, agent or agents of the
land from which material for building and repairing roads is got-
ten, is hereby authorized to enter upon any lands near to or ad-
joining any public road or highway, to take or cause to be taken
or carried away any gravel, sand, clay, rock or stone which may
be necessary to construct, improve or repair said roads, together
with the free ingress and egress from said roads for the transporta-
tion of said material.
Sec 10. That if any owner of land, or the agent or agents of Accounts for
said owner having in charge lands from which stone, gi-avel, sand, "^^'^'^"al.
1020
1909— Chapter 638.
Appeal to deter-
mine value.
Appeal not to
delay work.
Power to locate,
establish, discon-
tinue and change
roads.
Survey to be
made.
Notice to land-
owners.
Notice if owner
nonresident.
Procedure on
hearing.
clay or rock was taken, as aforesaid, shall present an account for
the same to the board of county commissioners or to the superin-
tendent, it shall be the duty of said board to pay a just and reason-
able price for the same ; and any owner, agent or agents shall have
the right to appeal from said board to the Superior Court to de-
termine the value of such timber, stone, sand, clay, rock or gravel ;
but said board of commissioners or superintendent shall not be
prevented from entering upon any lands, as aforesaid, and using
material as aforesaid at any time desired, whether the claim of
the owner is made prior to or after the entry upon said land for
said material.
Sec. 11. The board of county commissioners shall have the
power and authority to locate, relocate, widen or otherwise change
any public road or highway, or parts of the same, of the county,
or lay out and establish any new public road, when in their judg-
ment such location, relocation, widening or other change or the
opening of a new public road is deemed necessary and advan-
tageous to the public travel ; and said board of commissioners
shall have the further right to abandon and discontinue any pub-
lic road or highway if the same is unnecessary and not advan-
tageous to public travel ; but the said board of commissioners, be-
fore locating, relocating, widening or changing any public road or
establishing a new public road, shall cause a survey of the same
to be made by some competent engineer, and said boai'd shall fur-
ther find that said changes, locations., relocations and the opening
of a new public road are necessary and advantageous to public
travel, or, if said commissioners desire the discontinuance or
abandonment of a public road, they shall state that said public
road is unnecessary and not advantageous to public travel. The
said board of commissioners shall give to the landowners on and
over whose lands any changes, location or relocation of any public
road, or the establishment of any new public road is to be made, '
or the discontinuing and abandonment of any public road, at least
twenty days' notice, in writing, of the time and place of deciding
upon stK'h change ; and if any of the landowners on or over whose
land the proposed changes are to be made and the new road estab-
lished, or any road to be abandoned or discontinued, are minors,
idiots or lunatics, such notice shall be given to them and their
duly appointed guardians, or if no guardian has been appointed,
then such notice shall be given to any persons with whom they
are living. If any landowner is a nonresident the said notice shall
be mailed to him at his last place of residence or be published for
twenty days before the decision by said commissioners. The said
commissioners, upon the day of hearing set by them, shall either
make an order granting the change, location or relocation of any
public road or the opening or establishing of any new public road,
which order, when so made, shall be a condemnation of the land
1909— Chapter 638. 1021
or lands mentioned over which said roads may run, or such part
thereof as shall be fully set out in the order; and if the order
be for discontinuing and abandoning the public road, said order
shall describe the same, ordering the discontinuance and abandon-
ment. Any person owning land on or over which said changes are Right of appeal,
made or said public road is discontinued or abandoned shall have
the right to appeal to the Superior Court of Iredell County for a
trial de novo upon the order of said commissioners, but he shall Bond on appeal,
give a good and sufficient bond for the costs, as in like cases of
appeal ; but the taking of said appeal shall not delay the changing. Appeal not to
locating or relocating of any public road or the discontinuing or °^'^y ^°'" '■
abandoning of any public road according to the terms of the order
made therein by said board of commissioners, and said appeal shall
only establish the quantum of damages which may exist because
of the acts of the board of commissioners as contemplated in this
section.
Sec. 12. Any person who shall obstruct the county surveyor or Obstructing
, . ... T j.T_ officers making
engmeer m makmg a survey, m changmg any road, or the open- survey a misde-
ing of a new public road or highway, shall be guilty of a mis- meanor.
demeanor, and upon conviction therefor shall be fined or im- Punishment.
prisoned, or both, in the discretion of the court ; and any person obstructing work
or persons who shall obstruct anyone authorized by this section ^ misdemeanor.
to open or change any public road or highway shall be guilty of
a misdemeanor, and upon conviction therefor shall be fined or Punishment.
imprisoned, or both, in the discretion of the court ; and it is hereby Solicitor to
made the duty of the solicitor to prosecute all offenses against Prosecute.
the provisions of this act; and if, after changing, locating or re- Procedure for
. o oi o assessment of
locating any public road or highway, or opening or establishing damages.
any new public road or highway, any person be aggrieved, and
he and the board of county commissioners cannot agree and fix the
amount of damages for the locating or relocating of such public
road or highway, or opening or establishing any new public road,
he may, within six months of said change, location or relocation
of said public road or highway, or the opening or establishment
of a new public road, apply to the clerk of the Superior Court,
who shall appoint a jury, to consist of five freeholders, to assess
the damages; and the said jury, in determining said damages. Benefits to be
shall take into consideration the benefits accruing to the property
and the damages sustained by the property, subtract one from
the other, and the result shall be their verdict ; and the said Payment of
damages, if allowed, shall be paid out of the general fund of the "^n^^^''-
county; and if the jury award no moi'e damages than the amount
offered by the board of commissioners, then the party aggrieved
shall pay all costs for making the said assessment of damages :
Provided, that the board of commissioners or persons so aggrieved Proviso: right of
shall have the right to appeal to the Superior Court, after giving
good and sufficient security for costs.
1022
1909— Chapter 638.
Turning water on
load unlawful.
Punishment.
Use of road in
process of con-
struction unlaw-
ful.
Proviso: passage
allowed.
Misdemeanor.
Punishment.
Bridges and
crossings to be
kept up by cor-
porations.
Failure a misde-
meanor.
Punisliment.
Forfeit.
Notice.
Roads forming
township lines.
Width of roads.
Inducements for
use of wide tires.
Duty of super-
visors in main-
tenance of
macadam road.
Sec. 13. That it shall be unlawful for any person to use, cut
or make any ditch or drain, or to so cultivate his land as to turn
water into any macadamized public road or highway in Iredell
County, except when there is a culvert or pipe or other drain
under said road or highway ; and any person violating any pro-
vision of this act shall upon conviction be fined or imprisoned,
or both, in the discretion of the court.
Sec. 14. That it shall be unlawful for any person or persons
to ride or drive any beast, buggy, carriage, cart, wagon, bicycle,
automobile or other vehicle of any kind on any public road or
highway in Iredell County where any work is being done for the
preparation or macadamizing the same, or which has been macad-
amized, until the superintendent has caused the said public road
or highway to be opened for public travel : Provided, that when
no way has been provided around said public road or highway,
then and in that case the public shall have the right to pass back
and forth along by the side of the macadam part of said road or
the part intended to be macadamized, but not upon the macad-
amized part. Any person violating this section shall be guilty of
a misdemeanor and fined or imprisoned in the discretion of the
court.
Sec. 15. That all railroads or other incorporated companies shall
keep up, at their own expense, upon a specification furnished by
any township supervisor to such railroad or other incorporated
company, all bridges on and over the public roads, and not public,
but used as "neighborhood roads," and all crossings which they
have severally made it necessary to be built or made in establish-
ing their respective roads, and on the failure to do so shall be
guilty of a misdemeanor and fined at the discretion of the court,
and shall forfeit and pay ten dollars for each ten days such rail-
road or other incorporated company shall fail to perform the duties
imposed by this section, and any written notice left with any
agent of such railroad or other corporation by said board of
commissioners shall- be deemed a sufiicient notice in law.
Sec 16. That in case any public road shall be the dividing line
between two or more townships it shall be the duty of the town-
ship supervisors of the townships so divided to apportion the said
road between the different townships in a just and equitable
manner. All public roads and highways shall not be less than
twenty-two feet wide and not more than thirty feet wide.
Sec. 17. Said board of commissioners shall have the right to
make such inducements for the use of wide-tired wagons upon the
public roads or highways of said county by offering a payment of
so much per vrheel as may seem just for the use of same by any-
one, or allowing a certain discount in the road tax, to be fixed
by the board of county commissioners.
Sec. 18. It shall be the duty of the supervisors of public roads
and highways in Iredell County, in the townships where macadam
1909— Chapter 638—639. 1023
roads have been built or are being built, or are hereafter to be
built, to keep the same banked with dirt on each side of the
macadam thereof, and to keep the ditches on each side thereof
open and clear of any and all obstructions, and any failure upon Failure of super-
the part of any supervisor in the performance of this duty shall meanor.
constitute a misdemeanor, and upon conviction thereof he shall be Punishment.
fined or imprisoned, or both, in the discretion of the court.
Sec. 19. It shall be the duty of the overseer in the townships of Duties of oyer-
Iredell County where macadam roads have been built or are being ing macadam
built and to be built, when so built, to surface the road on either side ^^-^s-
of the macadam and to keep free from all obstructions all ditches
on said macadam roads, and any violation of these duties shall Violation of duty-
constitute a misdemeanor, and upon conviction for the same he Punishment.
shall be fined or imprisoned, or both, in the discretion of the court.
Sec. 20. That all laws or parts of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec. 21. This act shall be in force and effect from and after its
ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 639.
AN ACT TO AMEND SECTION 1506 OF THE REVISAL, REL-
ATIVE TO THE HOLDING OF COURTS IN HALIFAX
COUNTY.
The General Assembly of 'North Carolina do enact:
Section 1. That section one thousand five hundred and six of
the Revisal of one thousand nine hundred and five be and the
same is hereby amended by striking out all of that clause thereof
fixing the time for holding the courts of Halifax County and in-
serting in lieu thereof the following : "Halifax County — Fifth Terms for Halifax
Monday before the first Monday in March, to be for the trial of ^°""'y-
civil actions exclusively, except jail cases on the criminal docket ;
the second Monday after the first Monday in March ; the second
Monday before the first Monday in September ; twelfth Monday
after the first Monday in September. Each of said terms shall
continue for two weeks."
Sec. 2. That said section one thousand five hundred and six of Term for North-
the Revisal be further amended by striking out of the clause ^™'''^°" *^°""'-^-
thereof fixing the time of holding the courts of Northampton
County, in the third line of said clause, the words "third Mon-
day," and inserting in lieu thereof "fourth Monday."
Sec. 3. That this act shall be in force on and after the first day
of May, one thousand nine hundred and nine.
Sec. 4. That all laws and clauses of laws in confiict with this
act are hereby repealed.
Ratified this the 6th day of March. A. D. 1909.
1024
1909— Chapter 640—641.
CHAPTER 640.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMIS-
SIONERS OF COLUMBUS AND RANDOLPH COUNTIES TO
HIRE OUT CONVICTS.
Comrnissioners
authorized to hire
out convicts.
Work on county
home.
The General Assemhly of North Carolina do enact:
Section 1. That the county commissioners of Columbus and
Randolph counties are hereby authorized and empowered, when
in their discretion it seems to them to be best, to hire out their
convicts or chain gang to any other county, and that they may also
use them to do any work necessary for the improvement of the
county home.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 641.
AN ACT TO AUTHORIZE AND EMPOWER THE BOARD OF
COMMISSIONERS OF FORSYTH COUNTY TO ADOPT SUCH
RULES AND REGULATIONS FOR ENFORCING DISCI-
PLINE AMONG PRISONERS SENTENCED TO WORK UPON
THE PUBLIC ROADS OF FORSYTH COUNTY AS THEIR
JUDGMENT MAY INDICATE. NOT INCONSISTENT WITH
THE LAWS OF THIS STATE.
Record of pris-
oners to be kept.
Record submitted
to county com-
missioners.
Diminution of
sentence for good
behavior.
Discharge of
prisoner.
Diminution for
good behavior to
convicts whose
sentence is six
montlis.
The General Assemhly of North Carolina do enact:
Section 1. The Board of Commissioners of Forsyth County shall
require to be kept a book in which shall be entered a record and
name of each prisoner sentenced to work upon the public roads
of said county, which record shall be submitted to said board at
their monthly meetings, and every prisoner who may have been
sentenced for more than twelve months, who shall at the end of
each mouth have committed no infractions of the rules of disci-
pline governing the said prisoners, shall for each month be entitled
to diminution of five days from the term of his sentence. It shall
be the duty of the superintendent of roads in said county to dis-
charge such convict from work on the public roads when he shall
have served the time of his sentence, less the number of days he
may be entitled to have deducted therefrom for good conduct and
for a good record while serving such sentence; and every prisoner
who may have been sentenced for a term of not less than six
months, who shall have at the end of each month no infraction
of discipline recorded against him, shall for each month be entitled
to diminution of three days from the term of his sentence, and
1909— Chapter 641—642—643. 1025
it shall be the duty of the superintendent of convicts to discharge Discharge of
such prisoner from the roads when he shall have served the time Pi'^^^'i^rs.
of his sentence, less the number of days he may be entitled to have
deducted therefrom. If any prisoner shall violate any of the rules Deprivation of
or regulations governing him after he shall have become entitled diminution.
to a diminution of the term of service to vphich he has been sen-
tenced, the board of commissioners shall have the power to deprive
at their discretion such prisoner of a portion or all of the diminu-
tion of term of sentence or commutation to which he had pre-
viously been entitled by this act.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 642.
AN ACT TO AMEND SECTION 1 OF CHAPTER 440 OF THE
PUBLIC LAWS OF 1907, BEING AN ACT TO AUTHORIZE
THE BOARD OF COUNTY COMMISSIONERS TO OFFER
REWARDS IN CERTAIN CASES.
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter four hundred and forty, Law extended.
Public Laws of North Carolina, session of one thousand nine hun-
dred and seven, be amended by inserting in line five of said sec-
tion, after the word "burglary" and before the word "in," the fol-
lowing: "or burning or attempting to burn any barn or stable, the
property of another."
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 this the (ith day of March, A. D. 1909.
CHAPTER 643.
AN ACT TO PROVIDE COURT STENOGRAPHERS FOR
ROWAN COUNTY.
The General Assembly of North Carolina do enact:
Section ]. That the Clerk of the Superior Court of Rowan Clerk of superior
_,,,,, ii, -J. i -4. 1. 2. court to appoint
County shall have authority to appoint one or more court stenogra- stenographers.
phers for Rowan County, to serve during the pleasure of the court.
Pub.— 65
1026
1909— Chapter 643—644.
stenographers to
qualify.
Presiding judge to
designate cases to
be reported.
Costs.
Costs to use of
county.
Compensation of
stenographer.
Fee for tran-
scription.
Compensation
paid by county.
All such stenographers, before entering on their duties, shall take
an oath to discharge faithfully, correctly and impartially the du-
ties of court stenographer.
Sec. 2. The presiding judge shall have discretion to designate
cases, civil or criminal, to be reported by the stenographer, and
shall tax the costs of the same against either party, both parties,
or make such orders in respect thereto as he may deem just and
proper. All such costs, when collected, shall be paid into the treas-
ury of Rowan County as a reimbursement for the expenditures
required by this act.
Sec. 3. That the compensation of the court stenographer for
Rowan County shall be five dollars in each case wherein the trial
engages the court and stenographer less than half a day (three
hours), and ten dollars per day in each case wherein the trial
engages the court and stenographer more than half a day, any
fraction less than half being counted a full half a day ; and where
the judge maj' require the proceedings to be transcribed the
stenographer shall be allowed five cents per copy sheet of one hun-
dred words for the original and one cent per copy sheet for each
additional copy. Such compensation shall be paid the court
stenographer by Rowan County.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the (3th day of March, A. D. 1909.
CHAPTER 644.
AN ACT TO CREATE A BUILDING COMMITTEE TO DIRECT
THE CONSTRUCTION OF A BUILDING OR BUILDINGS
FOR CULLOWHEE NORMAL AND INDUSTRIAL SCHOOL,
WITH POWER TO ACQUIRE LAND OR LANDS FOR THE
USE OF SAID SCHOOL.
Preamble.
Preamble.
Preamble.
Preamble.
Whereas the Cullowhee Normal and Industrial School is a pub-
lic educational institution owned by the State ; and whereas it is
now proposed to construct a building or buildings for the use of
said school by aid of appropriation from the General Assembly
and donations from the public; and whereas the authorities of
said school have been unable to acquire, by gift or purchase, land
necessary, suitable and convenient as a site for the said contem-
plated building or buildings ; and whereas the enlargement of the
said school is essential to its increased importance and usefulness
to the public, and the extension of its lands is necessary to its
proper enlargement : now, therefore.
1909— Chapter 644. 1027
The General Assembly of North Carolina do enact:
Section 1. That the persons named as follows: A. A. Nichols, Building com-
R. H. Brown, W. D. Wike, F. H. Brown and R. L. Madison, all of ""'"^^ n^m^<^-
Jackson County, are hereby constituted a building committee for
Cullowhee Normal and Industrial School, with power to construct Power to con-
such a building as the General Assembly of North Carolina may foH^ifding.^^
authorize, or such building or buildings as the board of directors
of said school may order, and to pay for the same out of funds
appropriated by the General Assembly for that purpose or donated
for that purpose by individuals ; and they are hereby empowered
to make all necessary contracts and do all things usually done by
building committees, to adopt plans and specifications, to adver-
tise for bids, to select a suitable site for said building or buildings,
and to acquire the same by purchase or donation, deed or devise, Power to acquire
or, therein failing, to institute condemnation proceedings for such power°to con-
site for said building or buildings consisting of not more than ten demn land,
nor less than four acres of land : Provided, that in such condemna- Proviso: pro-
tion proceedings the rights of the parties and the procedure shall ^^^^'■®-
be as is provided in chapter sixty-one, subchapter five, entitled
"Eminent Domain," in the Revisal of one thousand nine hundred
and five, volume one : Provided further, that land so condemned Proviso: location
shall be conveniently near or adjacent and contiguous, or nearly °^ ^^"'^"
so, to the lands now held to the use of or for the Cullowhee Nor-
mal and Industrial School or contracted for by the said school or
its agents ; and Provided further, that title to all lands so acquired Title to land.
shall vest in the State Board of Education and its successors in
office, to the use of the State of North Carolina.
Sec. 2. That said committee is hereby empowered to acquire. Power to acquire
by gift or purchase, deed or devise, additional land or lands for additional lands.
the use of the Cullowhee Normal and Industrial School, and said Payment for
lands shall be paid for out of any funds in the hands of the board ^'^'^'^^•
of directors of said school and not specifically appropriated to or
for other purposes, upon requisition of said committee. Provided, Proviso: title to
that title to all lands so acquired shall vest in the State Board of ^'^"^*-
Education and its successors in office, in trust for the State of
North Carolina.
Sec. 3. That the members of said building committee shall serve Building com-
without compensation. mittee to serve
without pay.
Sec. 4. That all laws and clauses of laws in conflict with the
provisions of this act are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1028
1909— Chapter 645—646.
CHAPTER 645.
AN ACT TO AMEND CHAPTER 28, SECTION 1506, RE VI SAL
OF 1905, AND TO FIX THE TIME FOR HOLDING COURTS
IN SAMPSON COUNTY.
The General AssemNy of North Carolina do enact:
Terms of court. Section 1. That so much of section one thousand five hundred
and six, chapter twenty-eight of the Revisal of one thousand nine
hundred and five, as relates to the holding of the courts of Samp-
son County, be and the same is hereby repealed and the following
be inserted in lieu thereof, to-wit : "That the terms of the Superior
Court for Sampson County shall be held as follows : The fourth
Monday before the first Monday in March, to continue for two
weeks; the eighth Monday after the first Monday in March, to
continue three weeks, the last two weeks for the trial of civil
causes only ; sixteenth Monday after the first Monday in March,
to continue one week, for the trial of civil causes only ; the eighth
Monday before the first Monday in September, to continue one
week ; the fourth Monday before the first Monday in September,
to continue two weeks, for the trial of civil causes only ; the sev-
enth Monday after the first Monday in September, to continue
two weeks."
Sec. 2. That this act shall be in force from and after its rati-
fication.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 646.
AX ACT TO PROVIDE FOR A COURT STENOGRAPHER FOR
GUILFORD COUNTY.
County commis-
sioners to appoint
stenographer.
Courts and pro-
ceedings to be
reported.
Stenographer to
quahfy.
The General Assejnbly of North Carolina do enact:
Section 1. That the Board of Commissioners of Guilford County,
as soon after the ratification of this act as practicable, shall ap-
point a court stenographer for said county, who shall be an officer
of the court and who shall attend all the regular and special terms
of the Superior Court for said county. Said stenographer shall
also attend the hearing of special proceedings before the clerk
when evidence is to be taken, and shall take evidence of witnesses
before said clerk, and also before referees in the trial of causes
before them.
Sec. 2. Before entering upon the duties of said office, such
stenographer shall take and subscribe an oath to correctly and
1909 — Chapter 646. 1029
honestly discharge his or her duties, as prescribed bj^ the judge,
clerlv, commissioner, referee or other person before whom any
cause may be heard or tried.
Sec. 3. In case of the absence of the regular stenographer, or Substitute
in case of death or resignation, the said board of county commis- stenographer,
sioners may appoint some competent stenographer in place of said
regular court stenographer, who shall perform the same duties
and receive the same compensation as said official stenographer
during the absence of the said official stenographer or the vacancy
caused by death or resignation, and shall take an oath similar to
the oath of the official stenographer.
Sec. 4. The term of office of the official stenographer shall be Term of office,
two years, unless removed by the board of commissioners for
cause, and in case of said removal the said board shall fill said
vacancy.
Sec. 5. No person shall be appointed to the position of official Examination.
stenographer without being first examined as to his or her com-
petency by three members of the bar practicing in said court, said
members to be selected by the chairman of the board of county
commissioners, and if found competent shall report that fact to
the said board.
Sec. 6. Said stenographer shall furnish a typewritten copy of Copies of notes to
the stenographic notes of the evidence to the court and counsel for ^® furnished.
each side, when requested, and also a copy of the charge of the
judge, and other such records in the cases as may be desired by
the counsel for either side ; and in case of appeal from the clerk copies of record
to the Superior Court or from the Superior Court to the Supreme "'^ appeals.
Court, furnish one copy to the counsel for each party of the entire
record of the case as taken by such stenographer.
Sec. 7. The stenographer shall receive as his or her compensa- compensation of
tion for the performance of the services provided for herein such stenographer,
sum as shall be fixed by the board of county commissioners per Per diem.
day for the time actually employed, and ten cents per copy sheet Transcriptions.
for all typewritten copies furnished to the court and the counsel,
said fees and rates to be taxed as a part of the costs in all cases, Fees and rates to
both criminal and civil, in which the services of such stenographer *° ^^ taxed as
shall be required or ordered by the judge in cases tried before
him, or the clerk or referee in cases tried or heard before them,
and the same shall be collected as a part of the costs in such cases
and paid into the office of the clerk of the court, to the use and for
the benefit of the said stenographer.
Sec. 8. This act shall be in force from and after its ratification.
Ratified this the Gth day of March, A. D. 1900.
L
1030
1909— Chapter 647—648.
CHAPTER 647.
AN ACT TO MAKE THE GIVING OF WORTHLESS CHECKS,
DRAFTS AND ORDERS PRIMA FACIE EVIDENCE OF IN-
TENT TO CHEAT AND DEFRAUD.
Prima facie evi-
dence of intent.
The General Asscmhhj of 'Sorth Carolina do enact:
Section 1. That section one, chapter nine hundred and seventy-
five of the Public Laws of North Carolina, session of one thousand
nine hundred and seven, be and the same is hereby amended by
adding at the end of said section and after the word "court" the
following : "The giving of the aforesaid worthless check, draft or
order shall be prima facie evidence of intent to cheat and defraud."
Sec. 2. That this act shall be in force from and after its rati-
fication.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 648.
AN ACT TO PREVENTD THE DESTRUCTION OP QUAIL OR
PARTRIDGES OR WOODCOCK IN CABARRUS COUNTY UN-
TIL DECEMBER 1, 1910.
Protection of
quail, partridges
and woodcock.
Misdemeanor.
Punishment.
Jurisdiction.
Appeals.
Possession of
birds prima facie
evidence.
Separate offenses.
Forfeit.
Division of forfeit,
The General Assembly of North Carolina do enact:
Section 1. That any person who shall kill, trap, net or other-
wise take or sell, or who shall hunt any quail or partridges or
woodcock in the county of Cabarrus after the ratification of this
act and before the first day of December, one thousand nine hun-
dred and ten, shall be guilty of a misdemeanor and fined or impris-
oned at the discretion of the court.
Sec. 2. That the police justice's court of the city of Concord.
North Carolina, shall have couciuTent jurisdiction with the Supe-
rior Court, to the full extent of said justice's court, to fine and
imprison, as now conferred by law ; and any person convicted under
this act in said police justice's court may appeal from the judg-
ment or sentence of said court to the Superior Court.
Sec. 3. That any person seen or found with any bird or birds
mentioned in section one of this act in his possession shall, prima
facie, be guilty of violating this law, and each and every bird
named above so seen or found shall constitute a separate offense.
Sec. 4. That any person w^ho violates the provisions of this act
shall forfeit and pay for each offense the sum of one hundred
dollars, to be recovered in a civil action by anyone who sues for
the same. One-half of said recovery shall be paid to the party
who brings the suit and the other half shall inure to the benefit
of the public-school fund.
1909— Chapter 648—649—650. 1031
Sec. 5. That after December first, one thousand nine hundred Close season after
and ten, the close season in Cabarrus County shall be from March
first to December first of each year.
Sec 6. All laws or clauses of laws in conflict with this act, so
far as they apply to the county of Cabarrus, are hereby repealed.
Sec. 7. This act shall be in force and effect from and after its
ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 649.
AN ACT FOR THE RELIEF OF THE COUNTY COMMISSION-
ERS OF MECKLENBURG COUNTY.
The General Ass-emblij of North Carolina do enact:
Section 1. That the State Treasurer be and he is hereby author- Commission
, . allowed on coUec-
ized to pay out of money not otherwise appropriated, at his dis- tion of delinquent
cretion, to the county commissioners of Mecklenburg County, a ^^^^'
commission not exceeding ten per cent upon such delinquent State
taxes for the year one thousand nine hundred and seven upon which
he finds that said commissioners paid commissions exceeding five
per cent for collecting.
Sec 2. That nothing in this act shall be construed to permit Limitation,
the State Treasurer in any other case or at any future time to pay
or to authorize the payment of commissions exceeding that allowed
by law.
Sec 3. That this act shall be in force from and after its rati-
fication.
Ratified this the Gth day of February, A. D. 1909.
CHAPTER 650.
AN ACT TO AT:TH0RIZE THE COMMISSIONERS OF CLEVE-
LAND COUNTY TO SUBMIT TO THE QUALIFIED VOTERS
OF No. 0 TOWNSHIP. IN SAID COUNTY. THE QUESTION OF
ISSUING .$100,000 IN BONDS FOR THE PURPOSE OF GRAD-
ING, MACADAMIZING AND IMPROVING THE PUBLIC
ROADS OF No. 0 TOWNSHIP.
The General Assembly of North CaroUna do enact:
Section I. For the purpose of building, grading, macadamizing Purpose of i.ssue.
and otherwise improving the roads of Number Six Township, in
Cleveland County, the board of commissioners of said county is Bond i.ssue
hereby authorized, empowered and directed to issue bonds of the
1032
1909— Chapter 650.
Amount.
Denomination.
Interest.
■Maturity.
Division into
series.
Proviso: bonds
not to be sold
below par.
Authentication.
Record of bonds.
Special tax.
Constitutional
equation.
Proviso: limit of
tax rate.
Proviso: sinking
fund.
said township to an amount not exceeding one hundred thousand
dollars ($100,000), in denominations not exceeding one thousand
dollars ($1,000), bearing interest from date thereof at not exceed-
ing the rate of five per cent (5%) per annum, with interest cou-
pons attached, payable semiannually at such time and place as
may be directed by said board of county commissioners, such bonds
to be of such form and tenor and to be transferable in such way,
and the principal thereof payable at such time or times, not ex-
ceeding fifty years from the date thereof, and at such place or
places as the said board of county commissioners may determine ;
jind the said board of county commissioners may divide the said
issue into six series : Provided, that none of the bonds authorized
by this act shall be disposed of, by sale, exchange, hypothecation
or otherwise, for a less price than their face value.
Sec. 2. Such bonds shall be numbered and shall be signed by the
chairman of the said board of commissioners and attested by the
treasurer of said county, and shall bear the corporate seal of said
county, and the coupons attached to these bonds shall bear the
number of the bond, as well as the number of the coupon, and
shall be as executed by the signing of the chairman of the board
of commissioners and treasurer of said county or by their litho-
graphic signatures engraved or printed thereon.
Sec. 3. A record shall be kept by the said board of commission-
ers, in a separate book for that purpose, of all bonds sold in be-
half of said township, and to whom, amount and date of sale, and
the issuing of each bond and its number.
Sec. 4. In order to pay the interest on said bonds, create a sink-
ing fund for taking up said bonds at maturity, to support a chain
gang and convict force, to compensate other laborers employed,
and establish, alter, repair and maintain the public roads and
highways of Number Six Township, in Cleveland County, in good
condition, the board of commissioners of the county of Cleveland
or other authorities vested with the power of levying taxes for
said county shall annually compute and levy at the time of levying
other county taxes a sufhcient tax on all polls, all real estate and
personal property and all other subjects of taxation in said town-
ship which said commissioners or other authorities now or here-
after may be allowed to levy taxes upon, for any purpose what-
ever, always observing the constitutional equation between the
taxes on property and the taxes on polls : Provided, there shall
not at any time be levied in Number Six Township, in the county
of Cleveland, for the purpose of road improvement, and including
all expenditures made necessary by this act or any act or statute
now existing, a tax greater than twenty-five cents upon the hun-
dred dollars of property and seventy-five cents on each poll : Pro-
vided further, that no sinking fund shall be created by such levy
within less time than twenty years from the date of issuing said
1909— Chapter 650. 1033
boucls, but the highway commission hereinafter created may use
for the purpose of this act such sums of money remaining after
the interest on said bonds shall have been paid.
Sec. 5. That said taxes, when collected, shall be kept separate Taxes to be kept
and apart from all other taxes and shall be used only for the pur- Ipedficfappro-
poses for which they were collected, except as specified in section priation.
four of this act.
Sec. 6. That it shall be the duty of the Board of Commissioners investment of
for Cleveland County to annually invest any and all moneys re- *"^ ^'"^
ceived from the special tax herein provided for sinking fund in
the purchase of any of said bonds at a price deemed advantageous
to said township by the said board of commissioners and to be
agreed upon by them and the owners thereof ; but in case said
township bonds cannot be purchased at a satisfactory price, then
the said commissioners are authorized and directed to invest said
sinking fund, upon security approved by them and upon terms
advantageous to said township ; and any money of said sinking
fund so loaned and invested shall bear the legal rate of interest
in North Carolina, and any interest from the said fund shall be
annually invested in the same way ; and the notes taken for said
loan shall express on their face that the money borrowed belongs
to said sinking fund.
Sec. 7. That the money received from the sales of said bonds Appropriation of
. ^ funds.
and derived from the special tax herein authorized to be levied,
except a sufficient amount to pay the interest on said bonds, and
the sum set apart for the sinking fund to pay the principal of the
bonds, and such other sums of money as may be at the disposal
of the highway commission hereinafter created, shall be used by
them to purchase improved road-working machinery, to repair.
survey, lay out, grade, macadamize, improve and maintain the
public roads in said township, and in guarding and maintaining
such convict force as may from time to time be assigned to work
on said roads.
Sec. 8. That the bonds herein provided for shall be deposited Deposit of bonds.
in some safe-deposit company or bank, to be designated by said
board of commissioners, and drawn out on the joint order of the
chairman of said board of commissioners and the chairman of
the highway commission of said county, hereinafter provided for,
the proceeds of which shall be applied to the purposes herein
provided for.
Sec. 9. For the purpose of ascertaining the wishes of the voters Election' on bond
issue to be CciHbcI
of Number Six Township, in Cleveland County, upon the question
of issuing said bonds and improving the roads of said township,
as provided for in this act, an election shall be held in all the
voting precincts in said township at a time to be designated by
the Board of Commissioners of Cleveland County. At said election
all voters in Number Six Township qualified to vote at said elec-
1034
1909— Chapter 650.
Tickets.
Law governin?
election.
Act not operative
if bonds not voted
Road laws
repealed.
Road taxes
abrogated.
Road duty
abolished.
Proviso: bonds to
be voted.
Election of high-
way commission.
Political afiaiia-
tions.
Pay of commis-
sioners.
Allowance for
expenses.
Meeting and
organization.
Certificate of
organization.
tion may vote a written or printed ticket. Those who favor the
purposes of this act shall vote a ticket with the words "For Road
Improvement" written or printed thereon, and those who oppose
the purposes of this act shall vote a ticket with the words "Against
Road Improvement" written or printed thereon ; and if the major-
ity of the voters of Number Six Township, in Cleveland County,
qualified to vote at said election, shall vote "For Road Improve-
ment," then the bonds provided for in this act shall be issued and
sold according to the provisions herein contained. The said elec-
tion shall be held, the votes canvassed, the judges and registrars
paid and the result decided in the manner and form provided in
sections nine and ten in another act of the present session of the
General Assembly of North Carolina, entitled "An act to authorize
the Board of Commissioners of Cleveland County to issue bonds
to improve the highways of Cleveland County and to create a high-
way commission therein."
Sec. 10. If a majority of the voters of Number Six Township
qualified to vote at said election shall fail to vote "For Road Im-
provement," then the provisions of this act shall not be operative.
Sec. 11. All road laws now existing and in force in Number Six
Township, in said county, shall cease to be in force and efEect on
January the first, next, after said election is held, and all special
road taxes levied by the commissioners of said county in Number
Six Township shall not be levied by said commissioners after this
act becomes operative, and no free labor shall be required of the
citizens : Provided a majority of the qualified voters of said town-
ship at said election shall vote "For Road Improvement."
Sec. 12. If a majority of the voters of Nimiber Six Township
qualified to vote at said election shall vote "For Road Improve-
ment," then the Board of Commissioners of Cleveland Countj' are
hereby directed and required to elect, at their first meeting after
said election is held, three citizens and reside"nts of said township
who are freeholders therein, not more than two of whom shall be
of the same political party, and shall be known, designated and
styled the "Highway Commission of Number Six Township, in
Cleveland County." They shall each receive for their services
three dollars ($3) per day during the time they are actually em-
ployed in the discharge of the duties assigned them by this act.
They shall be allowed all necessary expenses for postage, station-
ery, attorney's fees and for such other additional expenses as may
be incurred by them in the discharge of their duties. The three
men so elected by the board of commissioners shall meet within
ten days after their said election and elect one of their number
to be chairman and another to be secretary of said commission,
and the chairman and secretary shall certify to the board of
county commissioners the name of the chairman of said highway
commission and the name of the secretary of said highway com-
mission so elected.
1909— Chaptek 650. 1035
Sec. 13. The Highway Commission of Number Sis Township Duties of highway
herein created shall have entire charge of the expenditure of the *^°'^'"'^^'oii-
proceeds of the sale of the bonds herein authorized to be issued
and the expenditure of the fund derived from the tax authorized
by this act, to be levied and collected, less the interest on the bonds
issued and sold and the amount set apart for the sinking fund ;
and before entering upon the discharge of their duties, under this Commissioners to
act, each of them shall take and subscribe an oath for the faithful *^"^ ' ^'
performance of their duties, and file a bond, with sureties, ap- Bond of corn-
proved by the board of commissioners, payable to the Board of ™'^'''°'^s^^- _
Commissioners of Cleveland County, in the stun of five thousand
dollars ($5,000), for the faithful discharge of their duties pre-
scribed by this act. Upon the taking of said oath and the filing Road machinery
and approval of said bonds the board of county commissioners shall ^^'^ implements.
turn over to the said highway commission all the road machinery
and implements now belonging to said county for so much of the
time as may appear to said board of commissioners to be just and
equitable to other townships that may hereafter work their public
roads by taxation or by bond issue, taking receipt therefor, and Convict force,
such convict force as may be held by said county shall be subject
to the order of the said highway commission, except for such term
as the board of commissioners may assign them to other townships
in said county for like purposes, who shall pay all costs of main- Cost of maintain-
. . . 1 -,. ., ■J.J- 1 .1 . i, • • ^ ing and guarding
tammg and guarding said convict force, while m their service, out convicts.
of the moneys provided in this act.
Sec. 14. It shall be the duty of the highway commission herein Election of
created, immediately upon their qualification and organization, as ^"^"^*^^^-
herein provided, to elect some competent and experienced engineer
to lay out and supervise the building and macadamizing of the
public roads of Number Six Township, and fix his compensation
and appoint such assistants and overseers as may be necessary.
Wherever there shall be a change made in the location of any Entry on land
public road, or new highways opened, or old roads widened or roads."^'^"'^^'°'^ °^
straightened or repaired, and new land taken for the same, the
highway commission, through its agents, are hereby authorized to
enter upon any land and locate and build such highways ; and if Procedure for
, , , . , . . Til, J! ■ ■, , 1 asse.ssment of
the highway commission and the owner or owners of said land damages.
cannot agree to the damages, if any, the highway commission shall.
within sixty days after said highway is completed, cause to have
summoned three freeholders, who shall go upon the land and assess
the damages and benefits under the general road law as it now
exists : Provided further, that before entering upon the lands, as Provi.so: notice to
authorized by this section, it shall be the duty of the highway '^"'^o^^'^ers.
commission to serve notice upon the owner or owners of said land
that the highways are to be located upon such land under the
authority of this act : Provided, also, that either party may appeal Proviso: rlgiit of
to the Superior Court upon the assessment of damages and bene- ^^^^^^ •
1036
1909 — Chapter 650.
Appeal not to
delay proceedings.
Maps, profiles and
estimates.
Bids on specifica-
tions.
Roads may be let
to contract.
Bond of con-
tractors.
Work done by
commissioners.
Sale of bonds.
Proceeds delivered
to county treas-
urer.
Road orders.
Separate
accounts.
Liability on bond.
Treasurer to
receive no com-
pensation.
No commission
allowed for
collecting tax.
Sheriff liable on
bond.
fits, where the matter shall be heard by jury de novo, but no costs
shall be awarded against said highway commission on such an
appeal when the damages awarded by the jury are less than that
given by the three referees, and in no case shall the highway com-
mission be hindered from entering upon the lands of any person,
firm or corporation by injimction. It shall be the duty of the said
engineer, under the direction of the highway commission, to make
maps and profiles of all roads to be located, built and macad-
amized, and furnish estimates of the dirt and stone to be moved
in the construction and macadamizing of said roads ; and if the
said highway commission shall determine to let any part of the
grading and macadamizing of said roads by contract, then the cor-
poration, partnerships and persons so bidding for said work shall
bid upon the specifications for the same furnished by the said
engineer. The said highway commission is hereby authorized to
let the grading and macadamizing or the grading or macadamiz-
ing by contract, of any section of the road to be built or any
subdivision of any road to be built, to any person, partnership or
corporation, requiring the said person, partnership or corporation
to give bond, in such amount as the said highway commission may
decide, to complete the said road in accordance with the said
specifications of the said engineer within the time prescribed by
the said highway commission ; or the said highway commission
may hire labor and convicts and use the convict force of Cleve-
land County, by consent of the board of commissioners, and have
said roads graded or macadamized, or both, under its direct super-
vision and imder such superintendents as it may employ, which-
ever it shall determine to be most advantageous to Number Six
Township.
Sec. 15. That the board of commissioners of the county of Cleve-
land shall, upon demand made upon it by the chairman and secre-
tary of the highway commission, offer for sale such number of
bonds as may be determined by said highway commission, and the
proceeds of the sale of said bonds shall be delivered to the Treas-
urer of Cleveland County and shall be disbursed by him upon
orders duly signed by the chairman of said highway commission
and countersigned by the secretary thereof. The said treasurer is
hereby directed and required to keep a separate book of the
moneys received by him from proceeds received from the sale of
said bonds, and the disbursements and date thereof made by him
of the same, and the bond of said treasurer shall be liable for the
faithful accounting of the moneys received by him under this act.
The treasurer shall receive no compensation for receiving and dis-
bursing funds under this act. The Sheriff (or tax collector) of
Cleveland County shall receive no commission for collecting said
taxes herein authorized to be levied, and the bond of said tax col-
lector (or sheriff) shall be liable for the faithful accounting of
the taxes collected by him under this act.
1909— Chapter 650. 1037
Sec. 1G. Tlie said highway commission is hereby authorized and Expenditure of
T)rOC6GCis
directed to expend the proceeds of the said bonds as rapidly as it
can be Avisely and judiciously expended for the purposes in this
act expressed, and shall personally visit all sections of the town- Duty of corn-
ship to determine the location of the highways and macadam
roads, and ascertain the needs of the people of said sections for
macadam roads and other road improvements, and shall cause to Road map of
be made a correct map of Number Six Township, showing espe- °^^'^^"P-
cially thereon all macadam I'oads and other highways improved
by them.
Sec 17. One member of the highwav commission shall be elected Terms of com-
missioners.
for a term of two years, another for a term of four years, and
another for a term of six years. If any member of the said high- Vacancies.
way commission shall die or resign or become incapable of per-
forming the duties of his office, or a vacancy caused otherwise,
the board of county commissioners shall elect his successor to fill
the unexpired term. When the term of any member shall expire Election of sue-
CGSSors
by limitation his successor shall be elected for a term of six years.
Sec. 18. The roads to be laid out, built and constructed by the Width and grade
highway commission under the provisions of this act shall be of
such width and grade as the highway commission may prescribe.
The said highway commission is authorized, where the public Bridges,
roads cross a branch, creek or river, to erect and construct there-
over, or have erected and constructed thereover, such bridges as in
their judgment may be necessary : Provided, that the cost of same Proviso: payment
shall be paid by the board of county commissioners out of such bridges.
funds as may be collected by them in said township for bridge
purposes.
Sec. 11). The Treasurer of Cleveland County shall quarterly statements to be
publish in some newspaper published in said county an itemized ^^ '* '^ '
statement of receipts and disbursements by him made of -the
moneys received under the provisions of this act.
Sec. 20. That said highway commission herein created shall Corporate powers.
have power to sue and be sued in the courts of this State for the
enforcement of or for the violation of any contract made by it
under the provisions of this act.
Sec. 21. The highway commission shall have the power to re- Convicts from
ceive, work and care for. guard and maintain convicts from the f^^j^ other'coun-
State's Prison and from counties other than Cleveland, under '^'es.
such rules and regulations as may be agreed upon between them
and the proper officials of said prison or counties. It shall be the stockades,
duty of the highway commission to erect suitable stockades for
the safe-keeping and protection of said convicts, when so hired,
and to pay the expense of their transportation from and to the Expense of trans-
State's Prison and the expense of receiving them from other couu- ^^'^
ties.
1038
1909— Chapter 650—651.
Width of
macadam.
Further elections.
Proviso: limit.
Act not effective
if act for county
ratified.
Sec. 22. In improving and macadamizing the highways leading
through any Incorporated town the highway commission shall
mal^e the macadam portion of such highways the standard width
or the same width as other roads in said township.
Sec. 23. In e^^nt that a majority of the qualified voters at said
election herein provided for shall fail to vote "For Road Improve-
ment," then the board of county commissioners of said'county may
order an election or elections to be held in said towns, as herein
provided for, at such time or times as they may designate: Pro-
vided, that an election shall not be had oftener than once each
year.
Sec. 24. If an election is held for the county of Cleveland under
another act of the present session of the General Assembly of
North Carolina, entitled "An act to authorize the commissioners
of Cleveland County to issue bonds to improve the highways of
Cleveland County and to create a highway commission therein," at
or prior to the holding of any election herein provided for in Num-
ber Six Township, and if a majority of the qualified voters at said
election for the county of Cleveland should vote the ticket con-
taining the words "For Road Improvement," then this act shall be
null and void and no bonds shall be issued hereunder ; but if an
election should be held in said county and a majority of the quali-
fied voters of the county of Cleveland vote the ticket containing
the words "Against Road Improvement," then this act shall re-
main in full force and effect.
Sec 25. This act shall be in full force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 651.
Ax\ ACT TO ESTABLISH A MUNICIPAL COURT FOR THE
CITY OF GREENSBORO AND PRESCRIBE THE JURISDIC-
TION THEREOF.
Court established
Court of record.
Judge.
Election of judge.
The General AssemliUj of North Carolina do euaet:
Section 1. A special court for the trial of petty misdemeanors
and to be designated as the "Municipal Court of the City of Greens-
boro" is hereby established.
Sec. 2. Said court shall be a court of record and shall be pre-
sided over by a judge who shall be an elector of the city of Greens-
boro and a licensed attorney at law.
Sec. 3. Said judge shall be elected by the qualified voters of the
city of Greensboro, as is now provided for the election of the
mayor of said city, on the first Tuesday after the first Monday in
1909— Chapter 651. 1039
May, one thousand nine hundred and nine, and shall hold office for Term of office.
a term of two years, and his successor shall be elected on the first
Tuesday after the first Monday in May every succeeding two
years. He shall take and subscribe the oath required by judges Judge to qualify.
of the Superior Court and shall receive a salary of one thousand Salary.
dollars per annum, to be paid by the city of Greensboro in equal
monthly installments, but the board of aldermen may increase the
same to as much as twelve hundred dollars per annum, should the
amount of business and usefulness of the court justify such an
increase.
Sec. 4. The court shall hold daily sessions, Sundays excepted, Sessions of court,
at the city hall of the city of Greensboro, or other place designated
by a resolution of the board of aldermen, the first session to be
held on the day after the expiration of the term of the present
Mayor of Greensboro.
Sec. 5. Said court shall have final exclusive original jurisdic- Jurisdiction,
tion of all misdemeanors occurring or committed within the corpo-
rate limits of the city of Greensboro, as follows, to-wit : Carrying
concealed weapons ; gaming ; keeping gambling houses ; keeping
bawdyhouses ; larceny or receiving stolen goods, knowing them to
he stolen, wherein the value of the article does not exceed twenty
dollars; failure to list taxes; assault and battery with a deadly
weapon, or when serious damage is done ; fornication and adultery ;
abandonment ; cruelty to animals ; resisting officers ; malicious in-
jury to real or personal property ; trespassing on lands after being
forbidden ; forcible trespass ; enticing servants to leave masters :
indecent exposure of person ; retailing spirituous liquors without
a license ; selling or giving away spirituous liquors to a minor ;
selling or giving away cigarettes to a minor ; obtaining advances
by false pretense ; bastardy ; disposing of mortgaged property, and
all crimes against the public health, as contained in the Revisal of
one thousand nine hundred and five of North Carolina, from sec-
tion three thousand four hundred and forty to three thousand
four hundred and fifty-eight, inclusive, and all misdemeanors as
contained in chapter eighty-one^of the Revisal of one thousand
nine hundred and five of North Carolina, and acts amendatory
thereof, where the punishment does not exceed a fine of two hun-
dred dollars and imprisonment fdr one year, and all crimes which
under the common law are misdemeanors wherein the punishment
is in the discretion of the court. All of the foregoing offenses are Acts declared
hereby declared to be petit misdemeanors. The said municipal nfganors!^^
court shall also have the jurisdiction of the mayor of the city of further juris-
•' J J diction.
Greensboro and of the justices of the peace in all criminal matters
and proceedings arising under the laws of the State or the ordi-
nances of the citv of Greensboro : Provided, such matters shall Proviso: place of
jurisdiction,
arise within the corporate limits of the said city of Greensboro, or
outside within one mile thei'eof.
1040
1909— Cpiaptee 651.
Jurisdiction as
oourt of com-
mittal.
Proviso: defend-
ants not bound
over when court
has final juris-
diction.
Warrants to issue
on complaint.
Right of appeaJ.
Persons bound
over to superior
oourt.
Proviso: capital
offenses.
Payment of costs.
Fees of officers.
Sentences.
Costs.
Sentence to jail
and road work.
Sec. 6. That in additiou to the jurisdiction given in section five
of this act said court is hereby given jurisdiction to hear and bind
over to the proper court all persons charged with any crime com-
mitted within the city of Greensboro wherein the preliminary
investigation thereof is now conferred on justices of the peace or
on the Mayor of Greensboro: Provided, no defendant shall under
this section be bound over to the Superior Court in any case of
which this court has been given final jurisdiction.
Sec. 7. Upon complaint made as provided by law, said judge
shall issue a proper warrant for any person, firm or corporation
charged, with the commission of any offense of which said court
has jurisdiction, as provided in section three thousand one hun-
dred and fifty-eight of the Revisal of one thousand nine hundred
and five of North Carolina. Any person convicted in said court
shall have the right of appeal to the Superior Court of Guilford
County, as is now provided for appeals from judgments of justices
of the peace, and upon such appeal the trial shall be de novo.
Sec. 8. In all cases heard by the judge of said court established
by this act as committing magistrate against any person or per-
sons for any offense whereof the said court herein established has
not final jurisdiction, in which probable cause of guilt is found,
such person or persons shall be bound in bond or recognizance,
with suflicient surety, to appear at the next succeeding term of the
Superior Court of Guilford County for the trial of criminal cases,
and in default of such bond or recognizance such person or per-
sons shall be committed to the common jail of Guilford County to
await trial as aforesaid : Provided, in all capital offenses said per-
son or persons shall be committed to the common jail of said
countj' without bail.
Sec. 9. All costs incurred in issuing warrants and serving the
same, in cases where the judge of said court has not final jurisdic-
tion, as aforesaid, and for the service of process arising in such
cases, except as hereinafter provided, shall be paid to the city of
Greensboro. Officers serving process issued from said court shall
be allowed the same fees as are now allowed sheriffs in like cases,
the same, when collected, to be paid over as herein provided.
Sec 10. All persons pleading guilty or convicted in said court
of any offense mentioned in this act shall be fined or imprisoned
according to law, and any person entering said plea of guiltj^ or
who may be convicted of any offense shall pay the cost of the
prosecution.
Sec 11. When any person is convicted or pleads guilty of any
offense of which said court has final jurisdiction the said judge
may sentence said party to the common jail of Guilford County
and assign him to work on the public roads of said county or in
the county workhouse or on the streets or other public works of
said city of Greensboro, as provided by law.
1909 — Chapter 651. 1041
Sec. 12. The judge herein provided for shall preside over said Judge to preside,
court and try and determine all actions coming before him, the
jurisdiction of which is conferred by this act, and the proceedings Proceedings.
of said court shall be the same as are now prescribed for courts
of justices of the peace and of the Superior Court, so far as the
same may be applicable to this court ; and in case of appeal to Bond on appeal,
the Superior Court, as herein provided, every defendant shall be
required to give bond, with sufficient surety, to insure his appear-
ance at said court, and in default thereof the judge shall commit
such defendant to the common jail of Guilford County until he
shall give bond or be otherwise discharged ffccording to law.
Sec. 13. Said court shall also have jurisdiction to try all ac- Jurisdiction for
tions for the recovery of any penalties imposed by law or by any pe*i°alfes°^
ordinance of the city of Greensboro for any act done within the
corporate limits of said city or outside thereof within one mile
from said limits, and said penalty shall be recovered in the name
of the city of Greensboro, and in all cases where judgment may
bg entered against any person imposing a fine and costs, or the
costs only, and the person against whom the same is adjudged street or road
fails or refuses to pay such judgment, it shall be lawful for the coasts. ^"'^ ^^^^ ^""^
judge of said court to order and require said person to be worked
either on the public roads of Guilford county or in the county
workhouse or on the streets or other public works of the city of
Greensboro until at a fair rate of wages such person shall have
worked out the full amount of said fine and costs.
Sec. 14. Said court shall have a seal with the impression "The Seal of court.
Municipal Court of the City of Greensboro," which seal shall be
used in attestation of writs, warrants or other proceedings, acts,
judgment or decrees of said court, in the same manner and to the
same effect as the seal of other courts in the State of North Caro-
lina.
Sec. 1.5. The Judge of said court may issue his process to the process issued by
chief of police or to the city police of the city of Greensboro, or to '^^"rt.
the sheriff, constable or other lawful officers of the county of Guil-
ford or of any other county in the State of North Carolina, and
such process, when attested by the seal of said court, shall ran process to run.
anywhere in the State of North Carolina and shall be executed by
all officers and returns made according to law : Provided, no seal Proviso: seal not
shall be required upon any process issued by or from said court to process °° ^°^^^
any officer in the city of Greensboro or the county of Guilford.
Sec. 10. Should the judge of said court be prevented from at- Substitute judge.
tending to his duties, on account of sickness or other temporary
disability, or by absence from the city of Greensboro, then in that
case the board of aldermen of the city of Greensboro shall elect a
substitute judge, who shall have the jurisdiction, power and au-
thority herein conferred upon the duly elected judge of said city
Pul).— 66
1042
1909— Chapter 651.
Vacancy.
Fees to be taxed
as costs.
Proviso: fees
when case within
justice's juris-
diction.
Costs to use of
city.
Fines paid to
county treasurer.
Fees of salaried
officers.
Appointment of
clerk.
Clerk to give
bond.
Salary of clerk.
Monthly settle-
ments.
Proviso: office
may be con-
solidated.
Prosecuting
attorney.
Salary.
court; and in the event said office shall for any cause become va-
cant the board of aldermen shall appoint his successor to serve for
his unexpired term, and such successor shall have all the jurisdic-
tion, power and authority herein conferred upon said court.
Sec. 17. In each case disposed of by said judge, where the de-
fendant is convicted or pleads guilty, there shall, in addition to
other lawful costs, be allowed the following fees, to be taxed as a
part of the costs against the defendant, viz. : For the judge of said
court, two dollars ; for the city attorney, two dollars ; and for the
clerk, the same fees as are now allowed to clerks of the Superior
Court in similar cases : Promded, that in the trial of cases of
which a magistrate has final jurisdiction the fees allowed to the
judge and city attorney shall be one dollar each, and the clerk
shall be allowed only cost for issuing subpoenas for witnesses ; and
all costs recovered and collected in said court shall, except as
herein otherwise provided, belong to the city of Greensboro. All
fines collected shall be paid by the clerk of said court to the
county treasurer, as provided by law, and all fees allowed by law
for an arrest or the serving of other process in a criminal action,
when the same shall have been made by the sheriff, chief of police
or other ofiicer who is on a salary, shall be paid over to the treas-
urer of the city of Greensboro for the use of said city and to reim-
burse it for the expense of supporting said court.
Sec. is. The clerk of this court shall be appointed by the board
of aldermen of the city of Greensboro at their first regular meet-
ing in May, one thousand nine hundred and nine, for the term of
two years, and his successor shall be elected by said board every
two years thereafter. Before entering upon the duties of said
office as such clerk, he shall enter into a bond, with good and suf-
ficient suret5% in the sum of one thousand dollars, payable to the
State of North Carolina, for the use and benefit of said city and
county, for the true and faithful performance of his duties as
clerk and for the faithful accounting for and paying over of all
moneys which may come into his hand by virtue of the said office.
Said bond shall be approved by the board of aldermen of the city
of Greensboro. Said clerk shall be paid by the city of Greensboro
the sum of three hundred dollars per annum, in equal monthly in-
stallments. Said clerk shall make monthly settlements with the
county and city treasurer: Provided, the office of clerk may be
combined by said board with any other city office and one person
may be elected by said board to fill both offices.
Sec. 19. The city attorney of the city of Greensboro shall be the
prosecuting attorney in said court, whose duty it shall be to ap-
pear for the prosecution in all cases in said court, and for such
service he shall be paid by the city of Greensboro such an amount
per annum as may be fixed by said board of aldermen, in equal
monthly installments.
1909— Chapter 651. 1043
Sec. 20. It shall be the duty of the clerk of said court to keep Record to be kept
an accurate aud true record of all costs, fines, penalties, forfeitures ^ ^^^'■
and punishments by said court imposed under the provisions of
this act, and said record shall show the name and residence of
such offender and the nature of the offense, the date of hearing
and trial and punishment imposed, which said record shall at all Record open to
times be open and subject to inspection by the board of aldermen
or other persons bavins; business relating to said court. He shall Permanent
■" doclcGt
keep a permanent docket for x'ecording all the processes issued by
said court, which shall conform to the dockets kept by the Clerk
of the Superior Court. He shall also keep in proper files, to be piies.
provided by the city, the record of all cases which shall be dis-
posed of in the said court and what disposition has been made of
them.
Sec. 21. All cases which have heretofore been bearable by the cases pending
Mayor of Greensboro shall, after the election and qualification '^^^"'"^ mayor,
of the judge provided for in this act, be tried by the judge of
said municipal court, but no cases which are pending in the Su-
perior Court of Guilford County at the time this act goes into
effect shall be transferred to the said municipal court, but the
same shall be disposed of in that court : Provided, no case can be Proviso: cases not
removed from said judge, as is now provided for the removal of i"einoved.
a case from one justice of the peace to another.
Sec. 22. The board of aldermen of the city of Greensboro shall Removal of clerk
at any time have the right to remove the clerk of said court, ^°^ cause,
either for incompetency or neglect of the duties of his office, and in vacancy,
the event of a vacancy from any cause in said office said board
shall have the right to fill the same.
Sec. 23. That whenever under a judgment of the said court any county to pay
defendant is sentenced to the common jail of the county of Guil- on^road"^'^*'^ °"*
ford to work on the public roads or in the county workhouse of
said county, or to pay a fine and the costs of the action, or the
costs only, as provided in this act, and said defendant is im-
prisoned in the common jail aforesaid, and assigned to the public
roads or the county workhouse of said county as aforesaid, for
the purpose of working out said fine and costs, or the costs only,
as the case may be, aud such judgment is carried into effect, the
said county of Guilford shall be liable for and shall pay to the
treasurer of the city of Greensboro the amount of the costs taxed
In said case.
Sec. 24. Said court shall have lull power, in any case in which Prosecutor taxed
with costs
he shall adjudge that the prosecution was not required by the
public interest, to tax the prosecutor with the costs of said action.
and in the event said court shall adjudge that such prosecution
is frivolous or malicious he may imprison such prosecutor for the
nonpayment of such costs, as provided in section one thousand
1044
1909— Chaptee 651.
Proviso: costs to
use of city.
Routine powers of
court.
Proceedings.
Transcripts of
judgment.
Punishment for
contempt.
Justices of the
peace to bind
over.
Case to be
docketed.
Trial.
Amendment of
warrant.
two hundred aud ninety-seven of the Revisal of one thousand
nine hundred and five of North Carolina, until such costs are paid :
Provided, when such costs are paid they shall belong to the city
of Greensboro.
Sec. 25. That the court created by this -act shall have the same
authority for granting continuances, taking bonds, recognizances
and rendering judgments on forfeited bonds and recognizances as
is now vested by law in the Superior Courts of said State and the
rules of law regulating the issuing and service of notices against
defendants and their sureties upon such bonds and recognizances,
and all proceedings for taking and enforcing judgments in such
cases shall be the same as is now provided in like cases for the
Superior Courts of such State. Transcripts of any judgment
rendered in any case may be docketed in the Superior Court of
Guilford County in the same manner and with like effect of any
other judgment docketed as provided by law in said court.
Sec. 26. Said court shall have the same power to punish for
contempt and as for contempt as is given the Superior Courts of
this State by chapter seventeen of the Revisal of one thousand
nine hundred and five of North Carolina, and the procedure in
such matters shall be the same as is now provided for said Su-
perior Courts.
Sec. 27. All justices of the peace shall, in all cases where final
jurisdiction is given to the court provided for in this act, require
defendants to enter into recognizance for their appearance at said
municipal court on the day succeeding such trial, at ten o'clock
A. M., on which said court is required to be open, and the wit-
nesses in such case shall be recognized to appear at said time and
place, and said justice shall at once turn over to the clerk of said
municipal court the warrant, recognizance and other papers in
such case. The said clerk shall, upon receipt of the same, enter
said case upon the docket of said court, and the judge of said
court may try said party either upon the original warrant under
which he was bound over or upon a new warrant to be issued by
him for said offense.
Sec 28. In all cases the said court shall have the right to
amend any warrant issued by the judge thereof or sent up by
any magistrate, as hereinbefore provided, in the same manner and
to the same extent as justices of the peace are now authorized by
law to make amendments of warrants in their courts.
Sec. 29. That all laws and clauses of laws in conflict with this
act are hereby repealed, in so far as the same may relate to the
city of Greensboro.
Sec. 30. This act shall be in force from and after its ratifica-^
tion.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 652. 1045
CHAPTER 652.
AN ACT CONCERNING THE WORKING OF THE PUBLIC
ROADS OF LINCOLN COUNTY.
The General AssemltJjj of North Carolina do enact:
Section 1. The commissioners of Lincoln County are authorized Levy of road tax
Qirpctf Q
and directed, each yeai*, at the time the county taxes are levied,
to levy a road tax of not less than five nor more than thirty-five Rate.
cents on the one hundred dollars' worth of property, and a poll
tax, observing the constitutional equation, as stated in section one,
article five of the Constitution, upon the propertj' and polls, which Tax collected and
accounted for by
tax shall be collected by the sheriff and accounted for as other sheriff.
taxes are collected, and the sheriff shall settle for the same annu-
ally at the March session of the board of commissioners. The Rate may differ
rate of tax may be different in different townships if the commis- "^ °^^ "^^ "^*'
sioners so elect.
Sec. 2. The county treasurer shall keep the taxes from each Taxes of eacli
township as a distinct fund, to be known as the road tax fund of kept distinct,
the township, and it shall be expended only in the township from
which collected.
Sec 3. The money shall be expended upon orders or accounts, Road orders,
approved by the boai'd of commissioners, for the betterment of the
public roads, in payment for tools, machinery, material, labor, hire
of teams and supervision, or otherwise.
Sec. 4. The public road shall be of a width of not less than width of road,
eighteen feet, clear of ditches, trees, logs and other obstructions,
with a roadway in the center ten feet wide, clear of stumps and
roots. The roads shall be thoroughly drained, and whenever it Drainage,
may be necessarj' to turn water across the road this shall be done
by putting In sewer pipe or other forms of covered drains or cul-
verts.
Sec. 5. That for the purpose of carrying out the provisions of Entry on land for
this act the said superintendent and supervisors are hereby au- "^^ ^"^ ■
thorized to enter upon any uncultivated lands near to or adjoining
such roads, to cut and carry away timber, except trees or groves
on improved lands, planted or loft for ornament or shade ; to dig
or cause to be dug and carried away any gravel, sand, clay or
stone which maj- be necessary to construct, improve or repair said
road, and to enter on any lands adjoining or lying near the road
in order to make such drains or ditches through the same as he
may deem nece.s.sary for the betterment of the road, d(jing as little
injury to said lands and the timber or improvements thereon as the
nature of the case and the public good will permit; and the drains Drains and
ditches
and the ditches so made shall be conducted to the nearest ditch,
water course or waste ground, and shall l)e kept open by the said Forfeit for
superintendent or supervisors and shall not be obstructed by the or ditches.
1046
1909— Chapter 652.
Accounts for
material.
Procedure for
settlement of
price.
Proviso: right of
appeal.
Appropriations to
be paid by county.
Township super-
visors.
Bond.
Inspectors.
Pay of inspectors.
Failure to per-
form duty a mis-
demeanor.
Punishment.
Justice of the
peace to take
bonds.
Work in payment
of road tax.
owner or occupant of such lands or any other person or persons,
under the penalty of forfeiting a sum of not less than five dollars
nor exceeding ten dollars, or imprisonment or work on the public
roads of the county for not less than ten nor exceeding twenty
days for each and every offense, said penalty to be collected by
the said superintendent or supervisors, if in money, and paid over
to the county treasurer and applied to the road fund of the county.
If the owner of any lands or the agent or agents of such owner
having in charge land from which timber, stone, gravel, sand or
clay were taken, as aforesaid, shall present an account of the same
through the county road superintendent at any regular meeting
of the county commissioners Avithin thirty days after the taking
and carrying away of such timber, stone, gravel, sand or clay, it
shall be the dutj' of said commissioners to pay for the same a fair
price. If they cannot agree with said party as to price, they may
cause to be appointed an impartial jury of three freeholders, one
to be selected by the county road superintendent, one by the party
claiming damages, and the third to be selected by these two, which
jury shall report in writing to the board of commissioners their
decision for revision or confirmation: Provided, that said land-
owner or his agent shall have the right of appeal, as provided for
in section thirteen of this act.
Sec. 6. All appropriations for building or repairing bridges, cul-
verts or other drains and for costs in locating roads shall be paid
out of the county taxes.
Sec. 7. The county commissioners shall appoint in each town-
ship such number of supervisors as they may deem necessary for
the workings of the roads of said township, who shall give bond
in the sum of two hundred dollar.s for the faithful performance of
their duties and the accounting for moneys which shall come into
their hands.
Sec 8. The county commissioners shall appoint for each super-
visor a justice of the peace of the same township as inspector,
who shall examine and approve the work done by such supervisor
and attach to, his account. a statement that he has examined the
work and that it is properly done and the account is just and cor-
rect. He shall receive for his services the same pay as the super-
visor, but shall not be allowed for more than one day in one
month. Any inspector failing to perform the duties of his office
or approving the accounts for work not properly done or excessive
in charge shall be guilty of a misdemeanor, and upon conviction
fined or imprisoned at the discretion of the court. A justice of
the peace is authorized and empowered to take the bond of super-
visors in his township and file same with the county commis-
sioners.
Sec. 9. Any person desiring to pay his road tax in work shall be
allowed to do so at the rate of seventy-five cents per day, but no
1909— Chapter 652. 1047
one shall be allowed to work less than one day in settlement of
such tax. The person so desiring shall notify the supervisor of Notice to super-
visor.
the section of road of which he would be "a hand under the gen-
eral road law, and the supervisor shall keep a list of all such ap- Notice to hands.
plicants and notify each of the time and place when and at which
the work shall be performed. Persons performing such labor shall Work under
.„.,.,, direction of
be under the direction of the supervisor, as if paid m cash, and supervisors.
may be dismissed for refusing to work or to work as directed.
The supervisor may designate any particular work to be done in Receipts for work.
settlement of the tax. He shall give the person doing the work
a receipt for the amount due, which the sheriff, upon presentation,
shall credit in payment of the tax. The sheriff shall be paid his Fee paid sheriff.
fee for each and all taxes paid in work from the road-tax fund of
the township in which the work is done.
Sec. 10. The county commissioners may, if they deem it expedi- Superintendent of
ent. elect a superintendent of roads and bridges for the county, to Term of office.^^^'
hold office for one ,vear, and give him directions as to the per-
fox'inance of his duties and fix his compensation.
Sec. 11. In lieu of appointing supervisors, as required in sec- Roads may be let
tion seven, the county commissioners are authorized to let the
working of the w^hole or any of the parts of the roads of the town-
ship to contract, for cash, for not less than one nor more than
three years. When a contract embraces parts of roads in more Roads in more
than one township it shall be paid from the funds of the respective s{,'fp' °^^ *"'^""
townships, in such sums as the board may determine. Each con- Contractors to
tractor shall give bond, in such sum as the board may fix, for the^'^^ °" ■
performance of the contract, and shall be the supervisor of his
portion of the road and liable to penalty as such.
Skc. 12. Should the commissioners determine to locate a new Locating new
road or any portion of an old one, they shall direct the super- ™'^*^-
visors and inspectors to locate and open the road as the board shall
direct. L'pon completion of the work the supervisor shall report Report of
to the commissioners the amount of any damages he and the in- ™^^'^''-
spector deem due to any person on account of establishing the
road, which, upon approval of the commissioners, shall be paid. Payment or
if accepted by the parties interested ; if not approved by the com- dam^ages"*^ °^
missioners or accepted by the parties, the commissioners shall pro-
ceed to appoint three disinterested persons to assess the damages,
as provided by. law in the location of roads.
SiX'. 13. Every supervisor of a road shall cause the same to b(,' Roads to be
measured, where it has not already been done, and at the end of Mnepo^sts'
each mile shall mark, in plain, legible and durable manner, the
number of the miles, beginning at the county courthouse, con-
tinuing and marking the numbers along the roads which he works.
and shall keep up and repair such marks and numl>ers of his Forfeit of super-
, „ , visor for neglect
road. If a supervisor shall neglect any ot the duties prescribed of duty.
1048
1909 — Chapter 652 — 653.
Ditches across
roads.
Bridges and cross-
ings by railroad
companies.
Emptying water
on roadbed.
Violation of act
misdemeanor.
When act
effective.
in this section for the space of thirty days after his appointment
to office he shall forfeit and pay four dollars and the like sum
for every thirty days thereafter the said marking may be neg-
lected.
Sec. 14. Any ditch cut across the road by any person for his
individual use or benefit shall be kept covered in a substantial
manner by the person so doing.
Sec. 15. All bridges or crossings made necessary by any railroad
now or hereafter constructed shall be constructed and maintained
by said railroad company. No railroad shall empty the water of
its ditches upon any roadbed or otherwise damage a public road.
Sec. 16. Any violation of any of the provisions of this act
shall be deemed a misdemeanor.
Sec. 17. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 18. That this act shall be in force from and after the first
Monday in June, one thousand nine hundred and nine.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 653.
AN ACT TO PROTECT STOCK IN THE VICINITY OF PRINCE-
TON, JOHNSTON COUNTY.
Unlawful for stock
to run at large.
Boundary.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any live stock to run
at large within the following boundaries : Beginning at the Wayne
County line, on Little River; thence up said river to Vines Ed-
wards' line; thence with said line to the Deans Mill Road; thence
with said road to Oscar L. Peedin's residence; thence with the
Pine Level Road to H. F. Peedin's residence; thence on with the
Pine Level Road to Tom Woodard's corner, where it joins the
Pine Level stock-law fence; thence with said fence to Moccasin
Swamp ; thence down said swamp, passing Holt's mill, and thence
on to Neuse River; thence down said river to the Wayne County
stock-law fence, and thence with said fence to the beginning.
That any person owning land on the outside of the land mentioned
above in this section shall have the privilege of bringing his or
her lands within the provisions of this act by building and ex-
Proviso: payment tending the fence in the manner they may choose : Provided, that
of CXDCnSG
such persons shall pay the extra expense that shall be caused for
widening or extending the fence territory, or shall construct the
fence without cost to any of the parties living within the bounda-
ries mentioned above ; but when the fence is constructed it shall
come within the purview of this act, and the outward lines of the
Bringing outside
land within
territory.
1909— Chapter 653. 1049
fence, as so extended, shall be repaired under the general pro-
visions of this act : Provided, the extension as aforesaid shall be Proviso: adjacent
only applicable to the lands that are adjacent to the lines speci- ifrought in.
fied in this section : Provided, that the proposed fence shall not Proviso: territory
not to extend to
be located upon any of the lands of Wayne County, and that no Wayne county.
part of the expense of constructing and maintaining said fence
or gates shall be imposed upon the county of Wayne.
Sec. 2. That this act shall not be in force within said territory when act
until a good and lawful fence has been erected on the line fully effective.
set out in section one, with gates on all public roads passing into
or through said boundaries, which shall be done by January first.
one thousand nine hundred and ten.
Sec. 3. That if the owner of any land shall object to the biiild- Land condemned
for fGncGS
ing of the fence herein allowed, a sufficient width of his lalid sliall
be condemned for a fenceway as land is now condemned for rail-
roads. The county commissioners shall have exclusive control Control of county
.,„ , ,. .,,,. -,, commissioners.
of erectmg the fence and gates herein provided tor, and the ap-
pointment of such keepers and repairers as they may deem proper,
and they are hereby granted full power for that purpose, to be
exercised according to their best discretion.
Sec. 4. That for the purpose of the next preceding section it Fence tax.
shall be lawful for the county commissioners to assess and collect
a special tax for the building and repairing of said fence on all
real property within the boundaries of said fence, as provided in
section one thousand six hundred and eighty-five, Revisal of one
thousand nine hundred and five.
Sec. 5. That any person willfully permitting his or her live stock Permitting stock
, to run at large a
to run at large within the aforesaid boundaries shall be guilty misdemeanor.
of a misdemeanor, and on conviction may be. fined not exceeding Punisliment.
fifty dollars ($50) or imprisoned not exceeding thirty (30) days.
Sec. G. That any person willfully tearing down or in any man- Injury to fence or
,,. „ , iii-iT i.j^ii- J. enclosures a mis-
ner breakmg a fence or gate established pursuant to this act, or demeanor.
willfully breaking any enclosure within the boundaries where this
act is in force and wherein any stock is confined, so that the same
may escape therefrom, shall be deemed guilty of a misdemeanor.
and upon conviction shall be fined not exceeding fifty dollars (.$50) Punishment. ^
or imprisoned not exceeding thirty (30) days.
Sec. 7. That the word "stock" in this act shall be construed to Stoctc defined.
mean horses, mules, colts, cows, sheep, goats, geese and all neat
cattle and swine: Provided, that in all levies made under section Proviso: constj-
,., , ,.. .. , .. . ^ -■ ,,.,,, tutional equation
four (4) the constitutional equation in property and poll shall be in tax levy.
observed.
Sec. 8. That all laws and clauses of laws in conflict with the
provisions of this act be and the same are hereby repealed.
1050 1909— Chaptee 653—654.
Act not effective Sec. 9. Provided, that this act shall not go into effect until it
until approved by
voters. shall have been approved by a majority of the qualified voters
within said territory, at an election to be called by the county
commissioners of Johnston County under the laws governing the
election of members of the General Assembly.
Ratified this the Gth day of March, A. D. 1009.
CHAPTER 654.
AN ACT FOR THE BETTER WORKING AND IMPROVEMENT
OF THE ROADS AKD PUBLIC HIGHWAYS OF THE COUNTY
OF GATES, NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Levy of tax on SECTION 1. That for the purpose of building, grading, improving
prGSGn.t3.tion. oi
petition ordered, and maintaining in good order the public roads and highways in
the various townships of Gates County the board of county com-
missioners of said county shall have power and it shall be their
duty, upon the presentation to them of a petition signed by one-
third of the registered voters in any township in said county, to
levy and assess, each year, at the time State and county taxes are
levied and assessed, upon all the taxable property, both real and
personal, of every kind and description, and upon all polls resi-
dent in the township from which the petition above referred to
Tax rate. may come, a tax of not less than ten cents nor more than thirty-
three and one-third cents on each one hundred dollars valuation
of property and not less than thirty cents nor more than one dol-
Proviso: constitu- Jar on each taxable poll : Provided, that in the levy and assess-
tional equation. . . . ^ ,
ment of the said taxes in the townships petitioning for the same
the commissioners, as aforesaid, shall preserve the constitutional
Proviso: counter- equation between the property and polls : Provided ftirther, that
the board of county commissioners shall not be compelled nor re-
quired by this act to levy. a tax, as above specified, if a counter-
petition, signed by a majority of the registered voters in the town-
ship from which the petition asking for the levy comes, shall be
presented to the said board of county commissioners at their next
regular meeting after the presentation of the first petition above
referred to.
Appointment of Sec. 2. That the county commissioners shall appoint in each
roadmaster. township in which a special road tax has been ordered, under the
provisions of this act, a competent and suitable person, who shall
Term of office. be known as roadmaster for the township of , who
shall hold his office for a term of two years from the date of his
Bond. appointment. Said roadmaster shall, before entering upon the
duties of his office, be required to give a good and collectible bond,
payable to the State of North Carolina, in the sum of five hundred
1909— Chapter 654. 1051
dollars, for the faithful performance of his duties and for the
proper accounting for all funds and property which may come into
his hands as roadmaster. He shall always be subject to the orders Roadmaster sub-
and control of the county commissioners, and may at any time be county commis-
removed by them for inefficiency, misconduct or other good and |ioners.
valid reasons, and a successor shall be appointed by the said board cause,
of county commissioners. Said roadmaster shall, immediately Roadmaster to
after giving bond, as above stated, take an oath before the chair- '^^^ ' ^ '
man of the board of county commissioners to faithfully perform
his duties as roadmaster, to look after and take care of all proi>
erty and correctly account for all funds and property entrusted
to him. The said board of county commissioners shall fix and reg- Pay of road-
ulate from time to time the amount of compensation the several ^^'' ^^^'
roadmasters shall receive, and in doing so they shall take into con-
sideration the amount of taxes levied in said townships and the
nature of the work necessary to be done.
Sec. o. That it shall be the duty of the roadmaster thus ap- Estimates for
pointed to make an estimate of the amount of money necessary to ^'^^'^ work.
put the roads in his township, or the worst portions thereof, in
good order, and shall make a report of such estimate to the board Report of
of county commissioners on or before their regular meeting in the estimate,
month of June next after his appointment or election, and annu-
ally thereafter during his term of office.
Sec. 4. The roadmaster shall have charge and management of Duties of road-
all hands, labor, teams, tools, apparatus and machinery used on '"^''''^'■•
the roads under his charge, and shall render an itemized statement, itemized state-
under oath, of the number of days worked on the roads in his ™^"ts.
township and number of hands worked each day on the roads, the
amount paid each hand and the amount of money by him received,
from whom and when received and how the same was disbursed,
and a list of the tools and machinery in his hands and the condi-
tion thereof, and the condition of the roads at the time the state-
ment shall be rendered, and any other information in reference to
his management as roadmaster that may be reasonably required.
Said reports shall be made quarterly to the board of county com- Quarterly reports.
missioners. Mention shall be made of said report on the minutes
of the county commissioners and the original reports plainly
labeled and filed in the office of register of deeds of said county.
Said reports shall at all times be subject to the inspection of the Reports subject to
taxpayers of the county. inspection.
Sec. 5. That the taxes levied as above provided for shall l)e col- Collection of tax.
lected by the sheriff or other officer authorized by law to collect
taxes for said county, and shall be paid over by him to the county
treasurer or the party authorized by law to receive the same. The Commission of
sheriff shall receive two and a half per cent for collecting the tre^a.iure".'^
special taxes for public roads, and the treasui-er shall receive two
and a half per cent for handling said funds.
1052
1909— Chapter 654.
Separate
accounts.
Road orders.
Entry on land for
material
Drains and
ditches.
Obstructing worli
or drains or
ditches a mis-
demeanor.
Damaging lands a
misdemeanor.
Procedure for
assessment of
damages.
Order for pay-
ment.
Proviso: right of
appeal.
Persons subject to
road duty.
Sec. 6. That the treasurer or legal custodian of the taxes thus
levied and collected shall keep a separate account of all township
road funds paid to him by the sheriff or other officer authorized
to collect taxes for Gates County, showing the amount of road
taxes collected in the several townships, and shall pay out the
same only upon the order of the roadmaster or roadmasters of the
several townships, and each order shall be charged to the account
of the township whose roadmaster shall sign the same.
Sec. 7. That for the purpose of repairing and constructing and
improving the public roads the roadmaster shall have authority to
enter upon any uncultivated land near to or adjoining the roads
or auj' improved or cultivated lands, when unencumbered by culti-
vated crops, to cut and carry away timber, except trees or groves
left for ornament or shade; to dig or cause to be dug and carried
away gravel, earth or sand which may be necessary to repair or
improve said roads ; to make such drains or ditches through the
same as may be necessary for the benefit of the roads, doing as
little injury to the land as possible; and any person willfully ob-
structing or resisting the performance of these duties, or willfully
obstructing such drains or ditches when made, shall be guilty of
a misdemeanor ; and any such roadmaster, officer or employee ma-
liciously or needlessly injuring or damaging any lands or timbers
in the performance of his duties shall be guilty of a misdemeanor.
Sec. 8. That if in carrying out the provisions of this act any
damage shall be done to the lands of any person in the township
where the roadmaster has worked, the landowner shall have the
right, upon petition to the clerk of Superior Court, to have said
damages assessed by three competent freeholders of said town-
ship, one of whom shall be selected by the landowner or his agent,
one by the board of county commissioners, and these two thus
selected shall select the third man, who shall receive one dollar
per day each for actual services rendered. The three persons thus
agreed upon shall go upon the premises from which said materials
shall have been taken or other damages done, and assess the dam-
ages done to the said landowners and make a report, in writing,
to the roadmaster of the township or townships, whose duty it
shall be to issue his order upon the treasurer of said county or
the legal custodian of the public-road funds belonging to the town-
ship in which said damages have been done, and in favor of the
party or parties adjudged to be damaged : Provided, that nothing
herein shall deny the right of appeal to the Superior Court from
the verdict awarded by said arbitrators by either the roadmaster
or the landowner.
Sec 9. That every able-bodied male person between the ages of
twenty-one and forty-five years residing in any township adopting
this special-tax system for working the public roads in said town-
1909— Chapter 654. 1053
ship shall be liable annually to perform three days' laboi- upon Road duty.
the roads of said township, under the supervision and direction of
the roadmaster appointed or elected, as the case may be, who may
assign such pei^son to any portion of the road in the township in
which said person resides, as said officer may think best : Pro- Proviso: commu-
videO, lioicever, that any such person shall be discharged from
such labor for one year upon the payment to the roadmaster of the
sum of one dollar per annum in lieu thereof : Provided, that such Proviso: time of
sum shall be paid on or before the first day of July of said year. P^^"®^ •
Sec. 10. That any person residing in the township where a spe- Work in payment
cial tax shall have been levied under the provisions of this act
shall have the right to pay his road taxes by working on the road
under the direction of the roadmaster of his township, at the rate Rate,
of seventy-five cents per day, for a sufficient length of time to pay
the special road tax thus levied against him ; and the roadmaster Order for pay-
is hereby directed to issue an order for the payment to the party
so working of an amount equal to the road taxes levied against
such person or persons, which shall be honored and paid by the
treasurer of said county out of the special road-tax funds of the
township of which the person is a resident, if the said person or
persons shall have previously paid his special road tax. If the
said person or persons shall not have paid his special road tax
prior to the working on said road, as herein provided, then the
said order shall be good with which to pay his special road tax
when demanded by the sheriff or tax collector of said county.
Sec. 11. That two-thirds of all the taxes levied and collected ^Vork in towns.
under this- act, on both property and polls, in any incorporated
town shall be applied to the improvement of the sti-eets of said
town.
Sec. 12. That the roadmasters of the several townships in Gates Tools and imple-
County are hereby authorized and empowered to purchase such
ne(;essary and suitable tools and implements as are necessary for
the proper working of their roads, and to employ such labor as Employment of
may be necessary for the proper working of said roads in their
respective townships, using economy in such purchases and em-
ployment. The said roadmasters are hereby authorized to issue Payment for tools
their orders, respectively, in payment of and for such tools, im-
plements and labor and in payment of any other legitimate ex-
penses incurred in the enforcement of this act.
Sec. 1.3. That all townships in said county from which no peti- Town-ships to vote
on adoption of act.
tion shall have been filed by the citizens thereof with the county
commissioners, as above provided, shall have the right to vote on
the question as to whether the said township will adopt the pro-
visions of this act or not at the next general election to be held in Time of election,
said county for the election of a member of the General Assembly.
1054
1909— Chapter 654.
Ballots.
Tax system to
continue.
Petition for
cessation of tax.
Counter-petition.
.\ct to constitute
road law.
Proviso: general
law.
Proviso: bridges
and ferries.
Priority of work
The qualified voters of said township iu favor of levying a special
tax as provided in this act shall vote a printed or written ballot
on which shall be printed or written the words "For Good Roads" ;
those opposed to levying the tax as provided in this act shall vote
a printed or written ballot on which shall be printed or written
the words "Against Good Roads"; and if a majoi-ity of the votes
cast shall be in favor of good roads, then it shall be the duty of
the board of county commissioners to appoint a roadmaster and
levy the tax for said township as heretofore provided.
Sec. 14. That no election shall be held or petition considered
upon the question of good roads iu those townships in which the
special road tax has been levied until the special-tax system has
been in force for a period of five years. At the expiration of five
years from the time the special road tax was first levied and col-
lected in any township iu Gates County, as provided under this
act, upon the presentation to the county board of commissioners
of a petition containing the names of one-third of the registered
voters of said township it shall be the duty of the board of county
commissioners to refuse to levy the special road tax, as herein
provided for, In the township from which said petition may come,
unless a counter-petition shall be filed at the next regular meet-
ing of the said board of commissioners containing a majority of
the registered voters in said township.
Sec. 15. That in those townships taking advantage of the pro-
visions of this act, this act shall constitute the law governing and
regulating the working the public roads and highways in said
township ; and the general law applicable to said roads in said
township, in so far as it conflicts with the provisions of this act,
is hereby repealed : Provided, that the' general law shall remain
in full force in all townships in which the qualified voters do not
take advantage of this act or shall by petition repudiate having
done so : Provided further, that all bridges and ferries now kept
up by the county shall hereafter be kept up at the expense of the
county, as heretofore.
Sec. 16. That it shall be the duty of the roadmasters in the sev-
eral townships taking advantage of this act to first work the worst
places of the roads and give especial attention to the effectual
drainage of all roads in their respective townships.
Sec 17. This act shall he in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1009.
1909— Chapter 655—656. 1055
CHAPTER 655.
AN ACT TO REPEAL CHAPTER S4 OF THE PUBLIC LAWS
OF SPECIAL SESSION OF 1908, CONCERNING A ROAD
TAX FOR MURPHY TOWNSHIP, CHEROKEE COUNTY.
The General Assemblt/ of North Carolina do enact:
Section 1. That chapter eighty-four, public road-tax levy, of Law repealed,
special session of one thousand nine hundred and eight, be and
the same is hereby repealed.
Sec. 2. Provided, that this act shall not interfere with the col- Tax of 1908.
lection and disbursement of the tax levy of June the first, one
thousand nine hundred and eight, as provided for in chapter
eighty-four, Laws of special session of one thousand uiue hundred
and eight.
Sec. 3. Provided, hoicever, that this act shall not take effect Repeal to be
until the question of repeal be submitted and sustained by a ma-
jority of the qualified voters of Murphy Township, on May first, Date of election.
one thousand nine hundred and ten, at an election to be held in
said township under the regulations now provided by the election
law.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 656.
AN ACT TO PROHIBIT THE DUMPING OF SAWDUST IN
THE STREAMS OF JOHNSTON COUNTY.
The General Afssembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or Dumping sawdust
corporation to dump any sawdust in any of the streams of John- i^^streams unlaw-
ston County.
Sec. 2. That any person, firm or corporation violating any of Misdemeanor.
the provisions of this act shall be guilty of a misdemeanor, and Punishment,
upon conviction shall be fined not less than ten dollars nor more
than fifty dollars for each and every offense.
Sec. 3. That each time any person, firm or corporation dumps Separate offenses,
sawdust in any streams of Johnston County shall constitute a
separate and distinct offense.
Sec. 4. That all laws and clau-ses of laws in conflict with this Application of act.
act be and the same are hereby repealed.
Sec. 5. That this act shall apply only to Johnston County.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1909.
1056 1909— Chapter 657—658.
CHAPTER 657.
AN ACT TO AMEND CHAPTER 231, PUBLIC LAWS OF 1897,
RELATIVE TO THE WORKING ON THE PUBLIC ROADS
IN UNION COUNTY.
The General Assemhhj of North Carolina do enact:
Payment for SECTION 1. That section nine of chapter two hundred and thirty-
one, Public Laws of one thousand eight hundred and ninety-seven,
be and the same is hereby amended by striliing out, in line eighteen
of said section, the word "sixty" and inserting in lieu thereof the
word "eighty."
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 6th day of March. A. D. 1900.
labor.
CHAPTER 658.
AN ACT TO AMEND SECTION 104G. CHAPTER 18 OF THE
RE VI SAL OF 1905 OF NORTH CAROLINA.
The General Assemhhj of North Carolina do enact:
Section 1. That section one thousand and forty-six, chapter
eighteen of the Revisal of one thousand nine hundred and five of
North Carolina, be and the same is hereby amended by adding at
Satisfaction to be the end of said section the following : "That when satisfaction
entered on index. ^ ,, . . „ j^^ij.^ ^ ., ,-,-,
of the provisions of any deed ot trust or mortgage is acknowledged
and entry of such acknowledgment of satisfaction is made upon
the margin of the record of said deed of trust or mortgage, as
required by the provisions of said section one thousand and forty-
six, or when the register of deeds or his deputy shall cancel the
mortgage or other instrument by entry of satisfaction, as provided
by said section one thousand and forty-six, then it shall be the duty
of the register of deeds or his deputy to enter upon the alpha-
betical indexes kept by him, as required by law, and opposite the
names of the grantor and grantee and on a line with the names of
said grantor and grantee, the words 'Satisfied Mortgage,' if the
instrument of which satisfaction has been acknowledged or en-
tered is a mortgage, and the words 'Satisfied Deed of Trust,' if the
instrument of which satisfaction has been acknowledged or en-
tered is a deed of trust."
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 this the 6th day of March, A. D. 1909.
1909— Chapter 659—660. 1057
CHAPTER 659.
AN ACT TO AMEND CHAPTER 648 OF THE PUBLIC LAWS
OF 1905, RELATING TO THE PUBLIC ROADS OF EDGE-
COMBE COUNTY.
The General Assemhly of North CaroUna do enact:
Section 1. That section one of chapter six hundred and forty- Tax rate.
eight of the Public Laws of one thousand nine hundred and five
be amended by striking out the word "thirty," in line seven, and
inserting the word "forty," and by striking out the words "ninety
cents," in line nine, and inserting the words "one dollar and
twenty cents : Provided, that if the levy of the capitation tax Proviso: constitu-
herein authorized would, in connection with such tax levied for *'°"^^ equation,
other purposes, exceed the constitutional limit therefor, the equa-
tion between the capitation and property taxes shall be disre-
garded."
Sec 2. That this act shall take effect from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 660.
AN ACT TO PAY THE CLERK OF THE SUPERIOR COURT OF
UNION COUNTY A SALARY AND TO MAKE A DEPUTY
CLERK OF SAID SUPERIOR COURT EX OFFICIO CLERK
OF THE RECORDER'S COURT AND ALSO EX OFFICIO
CLERK OF CHAIN-GANG BOARD.
The General Assembly of North Carolina do enact:
Section 1. That the Clerk of the Superior Court of Union Salary to be paid
County, North Carolina, shall be paid a salary of one hundred ^ ^^ "
and fifty dollars per month, upon the order of the board of county
commissioners, to be drawn on the treasurer of said county, which Salary in lieu of
shall be in lieu of all fees due him for services rendered by virtue
of his otB.ce as clerk of the Superior Court.
Sec. 2. That it shall be the duty of the clerk of the Superior clerk to collect
Court of said county to collect all fees due him as such officer '^"^ "^^^ °''®^ ^^^^•
and to keep an accurate account thereof in a book kept as a record
in his office for that purpose, and quarterly to pay the same to the
county treasurer, taking his receipt therefor on the book kept
and containing the record for collection of fees.
Sec. 3. That the amount of said salary, as provided in the first Salary in full for
2.11 services
section of this act, shall be in full for all services rendered by the
Clerk of the Superior Court for Union County in lieu of all fees
Pub.— 67
1058
1909— Chapter 660—661.
Proviso: allow-
ance of expenses.
Proviso: deputy
clerk.
Allowance for
deputy.
Proviso: clerk of
recorder's court.
Proviso: clerk of
cliain-gang board.
Repealing clause.
When act
effective.
heretofore received by said clerk : Provided, tliat tlie Clerk of tlie
Superior Court of Union County may in tlie discretion of the
county commissioners of Union County be allowed the actual
incidental expenses of his office, including stationery, stamps, fuel
and blank forms for records: Provided further, that the Clerk
of the Superior Court of Union County shall keep a competent
deputy clerk and shall be allowed an additional sum of not more
than forty-five dollars per month to pay said deputy clerk : Pro-
vided further, that the said deputy clerk shall be and is hereby
made ex officio clerk of the recorder's court, and it is further pro-
vided that said deputy clerk be and is hereby made ex officio clerk
of the chain-gang board.
Sec. 4. All laws and clauses of laws heretofore providing for a
clerk of the recorder's court in conflict with this act are hereby
repealed.
Sec. 5. That this act shall be in force from and after the first
day of April, one thousand nine hundred and nine.
Ratified this the 6th day of March, A. D. 1009.
CHAPTER 661.
AN ACT TO CREATE A STOCK-LAW TERRITORY IN POR-
TIONS OF O'NEAL'S AND OTHER TOWNSHIPS IN JOHN-
STON COUNTY.
to run at large
Boundary.
The General Assemhiy of North Carolina do enact:
Unlawful for stock SECTION 1. That it shall be unlawful for any live stock to run
at large within the following boundaries : Beginning at a stock-
law fence at the mouth of Hayman Road, in Selma Township,
near the residence of Charles F. Kirby; thence along the east
side of said Hayman Road, between five and six miles, to a
point near Ed. Corbetfs, in O'Neal's Township, to a new road
leading to the Beulah Road ; thence about two miles up said new
road to the Beulah Road; thence north with the Beulah Road
about two hundred yards to a road leading from Beulah Road to
Stancil's Chapel ; thence up said road to Stancil's Chapel, at the
Wilson Road ; thence east with the Wilson Road about four miles
to the stock-law fence near C. W. Knight's plantation, in Beulah
Township ; thence with said stock-law fence, as it is now main-
tained and courses through portions of O'Neal's, Wilder's and
Selma townships, back to the point of beginning, near Charles F.
Kirby's, in Selma Township. That any person owning land on the
outside of the laud mentioned above iu this section shall have the
privilege of bringing his or her lands within the provisions of
this act by building and extending the fence so as to include their
lands : Provided, that such persons shall pay the extra expense
Extension of
territory.
Proviso: expense
of fencing.
1909— Chapter 661. 1059
that shall be caused for wideuing or extending the territory, or
shall construct the fence without cost to any of the parties living ^^
within the boundaries mentioned above; but when the fence is
constructed it shall come within the purview of this act, and the
outward line of the fence, as so repaired, shall be under the
general provisions of this act : Provided, the extension as afore- Proviso: only
,,,,,,,-.^1^ J- J. J. adjacent land
said shall be only applicable to the lands that are adjacent to brought in.
the lines specified in section one.
Sec. 2. That this act shall not be in force within said territory when act
until a good and lawful fence has been erected on the line fully effective,
set out in section one, with gates on all public roads passing into
or through said boundaries, and proper cattle guards at all streams
intersecting said lines.
Sec. 3. That if the owner of any land shall object to the building condemnation of
of the fence herein allowed, a sufficient width of his land shall i^"*^ ^o"" ^enceway.
be condemned for the fenceway as land is now condemned for
railroad rights of way. The county commissioners shall have ex- Powers of county
elusive control of erecting the fence, gates and cattle guards herein commissioners,
provided for, and the appointment of such keepers, fence com-
missioners and repairers as they may deem proper, and they
are hereby granted full power for that purpose, to be exercised
according to the best discretion.
Sec. 4. That for the purpose of the next, preceding section it Fence tax.
shall be lawful for the county commissioners to assess and col-
lect a special tax for the building and repairing of said fence
on all real property within the boundaries of said fence, as pro-
vided in section one thousand six hundred and eighty-five of the
Revisal of one thousand nine hundred and five.
Sec. 5. That any person willfully permitting his or her live permitting stock
stock to run at large within the aforesaid boundaries shall be misdem^ealfon*^ ^
guilty of a misdemeanor, and on conviction may be fined not Punishment.
exceeding fifty dollars (.$^0) or imprisoned not exceeding thirty
(?,0) days.
Sec. 6. That any person willfully tearing down or in any man- injury to fence,
,,,.,, ij.il- i. gate or enclosure a
iier breaking a fence or gate established pursuant to this act, misdemeanor.
or willfully breaking any enclosure within any boundaries where
this act is in force and wherein any stock is confined, so that the
same may escape therefrom, shall be deemed guilty of a misde-
meanor, and upon conviction shall be fined not exceeding fifty Punishment,
dollars ($50) or imprisoned not exceeding thirty (30) days.
Sec. 7. That the word "stock" in this act shall be construed to stock defined.
mean horses, mules, colts, cows, calves, sheep, goats, geese and all
neat cattle and swine : Provided, that in all levies made under sec- Proviso: consti-
,, tutional equation
tion four (4) the constitutional equation in property and poll to be observed.
shall be observed.
Sec 8. That this act shall be in force from and after the first When act
cffcctivG
day of January, one thousand nine hundred and ten.
Ratified this the 6th day of March, A. D. lOOft.
1060
1909— Chapter 662—663.
CHAPTER 662,
AN ACT TO PROTECT FISH IN POTECASI CREEK, IN HERT-
FORD AND NORTHAMPTON COUNTIES.
Use of nets
unlawful.
Territorj'.
Misdemeanor.
Punishment.
When act
effective.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be unlawful for auy per.son or persons
to use, set or in any manner to fish with auy fish trap, pike net,
seine or drag net in the waters of Potecasi Creek, in Hertford
and Northampton counties, from its mouth to the Creeksville mill,
in Northampton County.
Sec. 2. That any and every person violating section one of this
ftct shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not more than fifty dollars or imprisoned not more
than thirty days.
Sec. 3. That this act shall be in force from and after the first
day of April, one thousand nine hundred and nine.
Ratified this the 6th day of March, A. D. 1009.
CHAPTER 663.
AN ACT REGULATING PACKING AND SALE OF FISH.
Appointment of
inspectors.
Branding.
Duties, powers
and fees of
inspectors.
Limit of fees.
Sales to packers
and shippers.
Sales by net
weight.
Weight marked
on package.
Fraudulent
marking a mis-
demeanor.
Punishment.
The General Assemhly of North Carolina do enact:
Section 1. The board of county commissioners of every county
where fish are packed for sale or shipment shall appoint and
qualify one or more sworn inspectors of fish at or near all pack-
ing localities, whose duty it shall be to inspect all salt fish packed
for sale or shipment; and all barrels, half-barrels and packages
of fish inspected and approved by them shall be branded with the
word "Inspected" and the name of the inspector. Said board
shall regulate and prescribe the duties, powers and fees of said
inspector, which fees shall not exceed five cents per barrel of two
hundred pounds net and two and one-half cents per half-barrel
of one hundred pounds net and smaller packages, to be paid by
the shipper. This section shall not apply to fishermen who may
sell their fish to packers and shippers by weight or otherwise, as
they may agree.
Sec. 2. All salt fish packed for market shall be sold at their
net weight, which shall be marked on every package ; and any
person packing or offering for sale salt fish, fraudulently mark-
ing the net weight on the package, shall for each offense be guilty
of a misdemeanor and fined not more than fifty dollars or im-
prisoned not more than thirty days, or both, at the discretion of
the court.
1909— Chapter 663—664. 1061
Sec. 3. Each package of salt mullets packed aud offered for sale Marks of
shall be marked or stamped "Large," "Medium" or "Small," and all P^-ckages.
packages containing any other kind of fish shall be marked
plainly the name of the fish contained, and any person who shall Packer defined.
pack as principal or shall have the same done by others for him
shall be deemed the packer and shall stamp his name and place
of packing, together with net weight and size of fish, as prescribed
in this section, on the head of each package before offering for
sale or shipment, and on failure to pack and stamp as herein Acts declared
prescribed, or to pack or stamp said package falsely, so as to mis- ™'^ emeanor.
represent the weight or size of the fish in said package, shall be
guilty of a misdemeanor and fined not less than five nor more Punishment,
than fifty dollars for each offense, and may be imprisoned at tlje
discretion of the court, not to exceed thirty days : Provided, this Proviso: packages
section shall not apply to packages containing less than fifty tharfso poimds
pounds net fish: Provided further, this section shall not apply to proviso: applica-
fishermen themselves, but shall apply only to merchants and others *^°'^ °^ section.
who may be classed as packers or brokers, within the proper mean-
ing of the term.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 664.
AN ACT TO PREVENT THE RUNNING OF SUNDAY EXCUR-
SION TRAINS IN BERTIE AND NORTHAMPTON COUN-
TIES.
The General Asuembly of North Carolina do enact:
Section 1. That it shall be unlawful for any railroad company Running excur-
to operate, run or permit to be run on the Sabbath day, com- lunday'uniawful.
monly called Sunday, any excursion train on or over any rail-
road over which no regular passenger train Is run and operated
on Sunday: Provided, Jwicever, this act shall not apply to trains Proviso: unavoid-
run on Saturday and being unavoidably delayed and thoroI)y hav- ^^^^ delay,
ing to return on Sunday.
Sec. 2. That any railroad company violating the provisions of Misdemeanor,
this act shall be guilty of a misdemeanor, and upon conviction Punishment.
shall be fined not less than two hundred and fifty dollars nor
more than five hundred dollars for each and every offense. That Separate offenses.
each county in which said excursion runs on each Sunday shall
constitute a separate offense.
1062
1909— Chapter 664—665.
Application of act. Sec. 3. That this act shall apply only to Bertie and Northampton
counties.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Gth day of March, A. D. 1009.
CHAPTER 665.
AN ACT FOR THE BETTER WORKING OF A SECTION OF
THE DILLON ROAD, IN ALLIGATOR TOWNSHIP, TYR-
RELL COUNTY.
Tax to be levied
and collected.
Rate.
Application.
Additional tax.
Levy and collec-
tion.
Road commis-
sioners.
Chairman and
secretary.
Taxes paid over
to county treas-
urer.
Road orders.
Application of
funds.
Taxes levied as
recommended by
road commission.
The General Assembly of 'North Carolina do enact:
Section 1. That there shall be annually levied and collected in
Alligator Township, Tyrrell County, North Carolina, a tax not
exceeding ten cents on each hundred dollars' worth of property
and thirty cents on each taxable poll, to be applied exclusively to
the improvement of the section of public road in said township
beginning on the public road known as the Dillon Road, at the
southwest corner of W. E. Bateman's field or fence, and extending
to Dillon's Ridge. Said tax shall be in addition to the taxes
already levied in said township, and the same shall be levied and
collected in the same manner and at the same time that the gen-
eral and special county taxes for the county of Tyrrell are now
levied and collected.
Sec. 2. That the board of road supervisors for Alligator Town-
ship, and their successors in office, shall, for the purposes of this
act, be the board of road commissioners of said Alligator Town-
ship, and the chairman and secretary of said board of road super-
visors and their successors in office shall be the chairman and sec-
retary of said board of road commissioners.
Sec. 3. That said taxes, when collected, shall be paid to the
Treasurer of Tyrrell County, and shall be paid out by hiui on the
order of the chairman of the said board of road commissioners,
countersigned by the secretary of said board, and the said treas-
urer shall accurately keep a separate account of all amounts re-
ceived and disbursed by virtue of this act.
Sec. 4. That the said Board of Road Commissioners of Alliga-
tor Township shall apply all moneys levied and collected under
this act to the purchase of material for the improvement of said
section of road as in their judgment seems best.
Sec. 5. That the taxes provided for in section one hereof shall
be levied by the board of commissioners for the county of Tyrrell,
1909— Chapter 665—666—667. 1063
upon the recommendation of the board of road commissioners, con-
stituted as herein stated, and may be diminished in amount or
entirely discontinued at the discretion of the said board of road
commissioners.
Sec. 6. That all laws in conflict with this act are hereby re-
pealed.
Sec 7. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 666.
AN ACT TO AMEND SECTION 3427 OF THE REVISAL OF
1905 OF NORTH CAROLINA, RELATIVE TO UTTERING
FORGED PAPER.
The General AssemMy of Islorth Carolina do enact:
Section 1. That section three thousand four hundred and twen- Reference to
ty-seven of the Revisal of one thousand nine hundred and five section corrected.
of North Carolina be and the same is hereby amended by strik-
ing out the words "the preceding section," in the third line of said
section three thousand four hundred and twenty-seven, and insert-
ing in lieu thereof the words "section three thousand four hundred
and nineteen of the Revisal of one thousand nine hundred and
five of North Carolina."
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 this the Gth day of March, A. D. 1909.
CHAPTER 667.
AN ACT TO REGULATE HUNTING IN HARNETT COUNTY
AND FOR THE BETTER PROTECTION OF GAME.
Whereas, by wanton destruction, the wild game of the county is Preamble,
fast disappearing from our forests and streams ; and whereas, at Preamble.
the present rate of destruction, said game will in a few years
cease to exist ; and whereas, in order to better protect and pre- Preamble.
serve said game and regulate the hunting thereof : now, therefore.
The General Assemhly f'f ^^orth Carolina do eiiarf:
Section 1. That it shall be unlawful for any person or persons Protection for
to hunt with dogs or gun or in any manner destroy any deer in ^^^'"-
1064
1909— Chapter 667,
Misdemeanor.
• Punishment.
Fines to school
fund.
SoHcitor to
prosecute.
Close season for
foxes.
Proviso: foxes
destroying poul-
try.
Fox hunters to
obtain license.
License fee.
License fees to
school fund.
Trappers to obtain
license.
License tax.
License tax to
school fund.
Misdemeanor.
Punishment.
the county of Harnett between the ratification of this act and the
first day of November, one thousand nine hundred and fourteen.
Sec. 2. Any person or persons violating any of the provisions
of section one of this act shall be guilty of a misdemeanor, and
upon conviction fined .not more than fifty dollars nor less than
twenty-five for each and every offense, and the fines so imposed
and collected shall go to the public-school fund of the county.
Sec. 3. That any violation of any of the provisions of section.s
one and two of this act shall be prosecuted by the solicitor in the
Superior Courts of the county whenever there is good and suffi-
cient evidence of such violation of law.
Sec. 4. That it shall be unlawful for any person or persons to
chase with dogs any fox or foxes between the first day of April
and the first day of September of each succeeding year : Provided,
however, nothing in this act shall prevent any person from de-
stroying any fox or foxes at any season of the year on his own
premises when found destroying poultry.
Sec. 5. That it shall be unlawful for any person or persons who
are nonresidents of the county of Harnett to chase with dogs or
in any manner destroy any fox or foxes without first obtaining a
license from the sheriff or other proper oflicer, for which he shall
pay an annual tax of ten dollars in each township in which he
offers to hunt, or twenty-five dollars for the privilege of the entire
county, for each open season of the year, and the receipts arising
luider the provisions of this act shall be accounted for as other
public moneys are accounted for, and paid into the public-school
fund of the county.
Sec. 6. That it shall be unlaw'ful for any person or persons who
are not residents of the county of Harnett to trap any otter, mink,
raccoon or other fur-bearing animal, for gain or sale, without first
paying a license tax of ten dollars for each season in which he
operates or follows the business of trapping. Said license tax aris-
ing under this section shall be paid to the sheriff of the county or
other proper officer to receive the same, and shall become a part
of the public-school fund of the county.
Sec. 7. That any person or persons violating any of the provi-
sions of sections four, five and six of this act shall be guilty of a
misdemeanor, and upon conviction in any justice's court shall be
fined not more than ten dollars nor less than five dollars for each
and every offense.
Sec. 8. All laws and clauses of laws in conflict with any of the
provisions of this act are hereby repealed.
Sec. 9. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
• 1909— Chapter 668—669. 1065
CHAPTER 668.
AN ACT TO PROTECT GAME IN SCOTLAND COUNTY.
TJie General Assemhlif of North Carolina do enact:
Sectio:^ 1. That it shall be unlawful for any person to shoot, Open season,
kill or capture or destroy any quail, partridges, pheasants, wild
turkeys or doves in the counties of Scotland and Richmond, ex-
cept between the twentieth of November and the first day of
March of each and every year.
Sec. 2. That it shall be unlawful for any person or firm to sell Selling or keeping
<v, ^ , , , • , • , ■ 4, , same for sale
or otter for sale or have or keep in his or her possession for sale unlawful;
any of said game birds killed within said counties of Scotland
and Richmond for a period of two years after the ratification
of this act.
Sec 3. Any violation of any of the provisions of this act shall Misdemeanor,
constitute a misdemeanor and shall be punishable by a fine not Punishment.
exceeding fifty dollars or imprisoned in jail not exceeding thirty
days.
Sec. 4. That all laws and clauses of laws relating to Scotland Repealing clause,
and Richmond counties in conflict with this act are hereby re-
pealed : Provided, this act shall not repeal "An act regulating Proviso: Steele's
hunting in Steele's Township, in Richmond County." owns ip.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1009.
CHAPTER 669.
AN ACT FOR THE RELIEF OF SHERIFFS, EX-SHERIFFS
AND TAX COLLECTORS.
The General Assembly of 'North Carolina do enact:
Section 1. That all sheriffs, ex-sheriffs and tax collectors who. Collection of
arrears author-
by virtue of their office, have had tax lists for the purpose of col- ized.
lecting the taxes of their respective counties, cities, town or town-
ships in their hands for the years one thousand nine hundred and Years,
five, one thousand nine hundred and six, one thousand nine hun-
dred and seven and one thousand nine hundred and eight, and in
case of death or default, their personal representatives, bondsmen
or any agent that they may designate, are hereby authorized and
empowered to collect arrears of taxes for each of the years afore-
said, under such rules and regulations as are now or may here-
after be provided by law for collection of taxes.
Sec 2. That no person shall be compelled to pay any tax under Persons not com-
the provisions of this act who holds the receipt in full for the P^"^^ ^° P^^-
1066
1909— Chapter 669—670.
Proviso: sale of
lahd.
Sheriffs not
released from
liability.
Termination of
authority.
years named in section one of tbis act, or who will make affidavit
before au5^ 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 after he shall have made a final settlement :
Provided, that this act shall not authorize the sale of any land
for taxes which has been conveyed to a purchaser for value and
without actual notice of the nonpayment of the taxes.
Sec. 3. That nothing herein contained shall be construed to re-
lieve sheriffs or 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 deter-
mine on the thirty-first day of December, one thousand nine hun-
dred and ten.
Sec 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 670.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF CLEVELAND COUNTY TO ISSUE BONDS TO IMPROVE
THE HIGHWAYS OF CLEVELAND COUNTY AND TO
CREATE A HIGHWAY COMMISSION THEREIN.
Purpose of bond
issue.
Bond issue
authorized.
Amount.
Interest.
Maturity.
Division into
series.
Proviso: bonds
not to be sold
below par.
The General Assemhhj of North Carolina do enact:
Section 1. For the purpose of building, grading, macadamizing
and otherwise improving the roads of Cleveland County, the board
of commissioners of said county is hereby authorized, empowered
and directed to issue bonds of the said county to an amount not
exceeding three hundred thousand dollars ($300,000), in denomina-
tions not exceeding one thousand dollars ($1,000), bearing interest
from date thereof at not exceeding the rate of five per centum per
annum, with the interest coupons attached, payable semiannually
at such time and place as may be directed by said board of county
commissioners, such bonds to be of such form and tenor and to be
transferable in such way and the prancipal thereof payable at such
time or times, not exceeding fifty years nor less than thirty years
from the date thereof, and at such place or places as the said board
of county commissioners may determine ; and the said board of
county commissioners may divide the said issue into six series :
Provided, that none of the bonds authorized by this act shall be
disposed of, by sale, exchange, hypothecation or otherwise, for a
less price than their face value.
1909— Chapter 670. 1067
Sec. 2. Such bonds shall be numbei'ed and shall be signed by the Authentication.
chairman of said board of commissioners and attested by the treas-
urer of said county, and shall bear the corporate seal of said
county, and the coupons attached to these bonds shall beai* the
number of the bond, as well as the number of the coupon, and shall
be executed by the signing of the chairman of the board of com-
missioners and treasurer of said county or by their lithographic
signatures.
Sec 3. A record shall be kept by the said board of commission- Record of bonds.
ers, in a separate book for that purpose, of all bonds sold, and to
whom, amount and date of sale, and the issuing of each bond and
its number.
Sec. 4. In order to pay the interest on said bonds, create a sink- Special tax.
ing fund for taking up said bonds at maturity, and support a chain
gang and convict force and employ such labor as may be necessary,
and establish, alter, repair and maintain the public roads and high-
ways of Cleveland County in good condition, the board of commis-
sioners of the county of Cleveland or other authorities vested with
the power of levying taxes for said county shall amiually compute
and levy, at the time of levying other county taxes, a sufficient tax
on all polls, all real estate and personal property and all other sub-
jects of taxation which said commissioners or other authorities
now or hereafter may be allowed to levy taxes upon for any pur-
pose whatever, always observing the constitutional equation be-
tween the taxes on property and the taxes on polls: Pravided,FToviso: limit of
there shall not at any time be levied in the county of Cleveland ^'''^ ^^^^'
for the purpose of road improvement, and including all expendi-
tures made necessary by this act or any act or statute now exist-
ing, a tax greater than twenty cents upon the hundred dollars of
property and sixty cents on each poll : Provided further, that no Proviso: sinking
sinking fund shall be created by such levy within less time than ^""'^■
twenty years from the dale of issuing of said bonds, but the high-
%\'ay commission hereinafter created may use for the purpose of
this act such sums of money remaining after the interest on said
bonds shall have been paid.
Sec. 5. That said taxes, when collected, shall be kept separate Taxes kept
and apart from all other taxes and shall be iised only for the pur- separate,
pose for which they were collected, except as specified in section
four of this act.
Sec. (>. That it shall be the duty of the Board of Commissioners investment of
for Cleveland County to annually invest any and all moneys i-e- s"ii^'"s fund.
ceived from the special tax for siuliing fund in the purchase of
any of said bonds, at a price deemed advantageous to said county
by the said board of commissioners and to be agreed upon by them
and the owners thereof; but in case said county bonds cannot be
purchased at a satisfactory i)rice, then the said commissioners are
authorized and directed to invest said sinking fund, upon security
1068
1909— Chapter 670.
Use of funds.
Deposit of bonds.
Election to be
held.
Proviso: petition
for election.
Tickets.
Law governing
election.
New registration.
Notice of election.
anprovecl by tbem and upon terms advantageous to said county,
and any money of the said sinking fund so loaned and invested
shall bear the legal rate of interest in North Carolina, and any
interest from the said fund shall be annually invested in the same
waj', and the notes taken for said loan shall express on their face
that the money borrowed belongs to said sinking fund.
Sec. 7. That the money received from the sale of said bonds and
derived from the special tax herein authorized to be levied, except
a sufficient amount to pay the interest on said bonds, and the sum
set apart for the sinking fund to pay the principal of said bonds,
and such other .sums of money as may be at the disposal of the
highway commission hereinafter created, shall be used by them to
purchase improved road-working machinery, to buy stock, repair,
survey, lay out, grade, macadamize, improve and maintain the pub-
lic roads of said county and in guarding and maintaining such con-
vict force as may from time to time be assigned to work on said
roads.
Sec. 8. That the bonds herein jH'Ovided for shall be deposited in
some safe-deposit company or bank, to be designated by said board
of commissioners, and drawn out on the joint order of the chair-
man of the said board of commissioners and the chairman of the
highAvay commission of said county hereinafter provided for, the
proceeds of which shall be applied to the purposes as herein pro-
vided for.
Sec. 0. For the purpose of ascei'taining the wishes of the voters
of Cleveland County upon the question of issuing said bonds and
improving the roads of said county, as provided for in this act, an
election shall be held at all the voting precincts in said county of
Cleveland at a time to be designated by the Board of County Com-
missioners of Cleveland County : Provided, that the said board of
commissioners shall not order an election to be held until they shall
have been petitioned by not less than five hundred freeholders who
are qualified electors of said county. At said election all voter*
of said county qualified to vote at said election may vote a printed
or written ticket. Those who favor the purpose of this act shall
vote a ticket with the words "For Road Improvements" written or
printed thereon, and those who oppose the purpose of this act
shall vote a ticket with the words "Against Road Improvements"
written or printed thereon ; and if the majority of the voters of
Cleveland County qualified to vote at said election shall vote "For
Road Improvements," then the bonds provided for in this act
shall be issued and sold according to the provisions herein con-
tained. The said election shall be held in the manner provided by
law for the election of members of the General Assembly, except
as is otherwise and differently provided in this act. There shall
be a new registration of the voters of said county for said election.
In ordering said election the board of commissioners shall cause to
1909— Chapter 670. 1069
be published in some newspaper published in said county a notice
of said election, which shall be held not later than thirty days
from the Sate of the first publication of said notice. The registra- Registration,
tion books for said new registration shall be opened for twenty
days before said election, and shall close on the last Friday night
at sunset before said election. Registrars and judges of election Challenge day.
of each precinct shall meet at their respective precincts on the last
Saturday before said election and hear any complaint for refusing
of registration, and also all challenges which shall be made against
any person admitted to registration ; but no name shall be erased Hearing.
from the registration list without notice to said person and a hear-
ing, and said hearing may be on said day or at any day after the
registration books shall have closed and including the day of elec-
tion. The registrars and .judges of election shall be appointed by Appointment of
the board of commissioners at the time of ordering said election, julges^'^* ^"
and the list of persons so appointed shall be published for two
weeks in some newspaper published in Cleveland County' and such
notice shall be sufficient service for judges and registrars. There Law governing
shall be appointed one registrar and two judges of election for
each precinct, and said registration and election shall be held in
all respects like the election for members of the General Assembly,
except as otherwise or differently provided in this act. At the Count and return
close of the election in each precinct the vote shall be counted and ^ °^'^"
returned, over the signatures of the registrar and judges of the
election, or a majority of them, to the board of commissioners of
the county of Cleveland. Abstracts or blanks for this purpose Blanks for
shall be prepared by said board of commissioners and furnished to abstracts.
each precinct, and the registrar or one judge of election shall be Messenger,
chosen as a messenger to transmit said returns to said board of
commissioners. Said returns shall be executed in triplicate. One Returns in
copy shall be transmitted, as aforesaid, to the Board of Commis- "^ ^'^^ ^'
sioners of Cleveland County and one copy to the clerk of the Supe-
rior Court of said county and one copy retained by the registrar
of each precinct. On the second day after the election the board Canvassing board.
of commissioners for the county of Cleveland shall meet as a can- ,
vassing board and shall receive the returns of said election, and Canvass of
shall canvass and judicially pass upon the same and declare the ^^ ^"^'
result of said election. If a majority of the voters of Cleveland
County, qualified to vote at said election, shall have voted "For
Road Improvements," then the bonds provided for in this act shall
be issued and sold. At any election held under this act any per- Registration on
son who shall not be entitled to registration while the said regis- ^^^^'^'^'^ ^y-
tration books were open for registration, but shall have become
entitled to registration after said registration books were closed
and before or on the day of election, shall be entitled to register
on the day of election and vote.
lOYO
1909— Chapter 670.
Registrar to
attend at polling
place.
Certificates of
number of voters
registered.
Return of regis-
tration book.
Poll books.
Pay of registrars.
Pay of registrars
and judges of
election.
Cost of election.
Act not operative.
Repeal of present
road laws.
Road tax in No. 2
township.
Special road taxes.
Proviso: road
improvement
voted.
Election of higli-
way commission.
Political affilia-
tion.
Pay of com-
missioners.
Allowance for
expenses.
Commissioners to
meet and organize.
Certificate of
organization.
Sec. 10. On each Saturday during the period of registration the
registi'ar shall attend with his registration hooli at the polling
place of his precinct for the registration of voters. It shall be the
duty of the registrar and judges of election to certify on the re-
turns made by them of the votes cast at their respective precincts
in said county the number of voters registered at their precinct on
said election ; and the registrar shall, on or before the day set for
the can^•ass of the votes by the board of county commissioners,
return his registration book to the clerk of the board of county
commissioners. The registrar and judges of election shall keep
two poll books containing the names of persons voting at their
precinct at said election. The registrars shall receive for their
services hereunder three cents for each name registered and one
dollar ($1) a day for each Saturday; and the registrar and judges
of election shall each receive one dollar and fifty cents ($1.50) for
their services rendered on the day of election and for making the
return recjuired by this act ; the cost of this election to be paid by
the board of county commissioners.
Sec. 11. If a majority of the voters of Cleveland County quali-
fied to vote at said election shall fail to vote "For Road Improve-
ments," then the provisions of this act shall not be operative.
Sec. 12. All road laws now existing and in force in Cleveland
County shall cease to be in force and effect, and no road tax shall
be levied in Number Two Township, as now levied, after January
the first next after said election is held, and all special road taxes
levied by the commissioners of said county shall not be levied by
said commissioners after this act becomes operative: Provided, a
majority of the qualified voters of said election shall vote "For
Road Improvements."
Sec. 13. If a majority of voters of Cleveland County qualified
to vote at said election shall vote "For Road Improvements," then
the Boai'd of Commissioners of Cleveland County are hereby di-
rected and required to elect, at their first regular meeting after
said election is held, three citizens and residents of said county
who are freeholders therein, not more than two of whom shall be
of the same political party, and shall be known, designated and
compose the "Highway Commission of Cleveland County." They
shall each receive for their services three dollars (.$3) per day dur-
ing the time they are actually employed in the discharge of their
duties assigned them by this act. They shall be allowed all neces-
sary expenses for postage, stationery, attorney's fees and for such
other and additional expenses as may be incurred by them in the
discharge of their duties. The three men so elected by said board
of commissioners shall meet within ten days after their said elec-
tion and elect one of their number to be chairman and another to
be secretary of said commission, and the chairman and secretary
1909— Chapter 670. 1071
shall certify to the board, of county commissioners the name of
the chairman of said highway commission and the name of the
secretary of said highway commission so elected.
Sec. 14. The Highway Commission of Cleveland County herein Highway com-
crea-ted shall have entire charge of the expenditure of the proceeds charg«fof°funds.
of the sale of the bonds herein authorized to be issued, and expend-
iture of the fund derived from the tax authorized by this act to be
levied and collected, less the interest on the bonds issued and sold
and the amount set apart for the sinking fund ; and before enter- Commissioners to
ing upon the discharge of their duties under this act each of them '^^^ ' ^'
shall take and subscribe an oath for the faithful performance of
their duties, and file a bond, with sureties approved by the board Bonds,
of commissioners, payable to the Board of Commissioners of Cleve-
land County, in the sum of five thousand dollars (.$5,000), for the
faithful discharge of their duties prescribed by this act. Upon Road machinery
the taking of said oath and the filing and approval of the bonds the
board of county commissioners shall turn over to the said high-
way commission all the road machinery and implements now be-
longing to said ■ county, taking receipt therefor, and such convict
force as may be held by said county shall be subject to the order
of said highway commission, who shall pay all costs of maintain- Cost of maintain-
, ,. ., ■ - ^ i£xi -ii- i»g and guarding
ing and guarding said convict force out of the moneys provided m convict force.
this act.
Sec. 15. It shall be the duty of the highway commission herein Election of
engineer
created, immediately upon their qualification and organization as
herein provided, to elect some competent and experienced engineer
to lay out and supervise the building and macadamizing of the
public roads of the county of Cleveland, and fix his compensation
aiul aijpoint such assistants and overseers as may be necessary.
Wlienever there shall be a change made in the location of any pub-
lic road, or new highways opened, or the old roads widened or
straightened or repaired, and new land taken for the same, the
highway commission, through its agents, are hereby authorized to Entry on land for
enter upon any land and locate and build such highways ; and if Procedure for
the highway commission and the owner or owners of said land assessment of
damages.
cannot agree as to the damages, if any, the highway commission
shall, within sixty days after said highway is completed, cause to
have summoned three freeholders, who shall go upon the land and
asse.ss damages and benefits under the general road law, as it now
exists: Provided further, that before entering upon lands, as au- Proviso: notice to
thorized by this section, it shall be the duty of the highway com- l^'>f^o^^"ers.
mission to serve notice upon the owner or owners of said land that
the highways are to be located upon such land under the authority
of this act : Provided, also, that either party may appeal to the Proviso: riglit
Superior Court, where the matter shall be heard by a jury de novo, ° ^
but no co.sts shall be awarded against the highway commis-
sion in such an appeal when the damages awarded by the jury are
1072
1909— Chapter 670.
Appeal not to
delay work.
Maps, profiles and
estimates.
Bids oil specifica-
tions.
Roads may be let
to contract.
Bonds of con-
tractors.
Work done by
commission.
Sale of bonds.
Proceeds delivered
to county treas-
urer.
Road orders.
Separate
accounts.
Treasurer liable
on bond.
Treasurer and
sheriff to receive
no compensation.
Sheriff liable on
bond.
Expenditure of
proceeds of bonds
not greater than that given by the three referees, and in no case
shall the liighway commission be hindered from entering upon the
lands of any person, firm or corporation by injunction. It shall
be the duty of the said engineer, under the direction of the said
highway commission, to make maps and profiles of all roads to be
located, built and macadamized, and furnish estimates of the dirt
and stone to be moved in the construction and macadamizing of
said roads ; and if the said highway commission shall determine
to let any part of the grading and macadamizing of said roads by
contract, then the corporation, partnerships and persons so bidding
for said work shall bid upon the specifications for the same fur-
nished by the said engineer. The said highway connnission is
hereby authorized to let the grading and macadamizing or the
grading or macadamizing by contract, of any section of road to be
built or any subdivision of any road to be built, to any i^erson,
partnership or corporation, requiring the said person, partnership
or corporation to give a bond, in such amount as the said highway
commission may decide, to complete the said road in accordance
with the said specifications of the said engineer within the time
prescribed by the said highway commission ; or the said highway
commission ma.y hire labor and convicts and use the convict force
of Cleveland County and have the said roads graded or macadam-
ized, or both, under its direct supervision and under such superin-
tendents as it may employ, whichever it shall determine to be
most advantageous to Cleveland County.
Sec. 16. That the board of commissioners of the county of Cleve-
land shall, upon demand made upon it by the chairman and secre-
tary of the highway commission, offer for sale such number of said
bonds as may be determined by said highway commission, and the
proceeds of the sale of said bonds shall be delivered to the Treas-
urer of Cleveland County and shall be disbursed by him upon
orders duly signed by the chairman of the said highway commis-
sion and countersigned by the secretary thereof. The said treas-
urer is hereby directed and required to keep a separate book of
the moneys received by him from proceeds received from the sale
of said bonds, and the disbursements and date thereof made by
him of the same ; and the bond of the said treasurer shall be liable
for the faithful accounting of the moneys received by him under
this act. The treasurer shall receive no compensation for receiv-
ing and disbursing funds under this act. The Sherifi: (or tax col-
lector) of Cleveland County shall receive no commission for col-
lecting said taxes herein authorized to be levied, and the bond of
the said tax collector (or sheriff) shall be liable for the faithful
accoiuiting of the taxes collected by him under this act.
Sec. 17. The said highway commission is hereby authorized and
directed to expend the proceeds of said bonds as rapidly as it can
be wisely and judiciously expended for the purposes herein ex-
1909— Chapter 670. 1073
pressed, and shall personallj' visit all sections of the county to de- Duty of com-
termine the location of the highways and macadam roads and as- "'''^°"-
certain the needs of the people of said sections for macadam roads
and other road improvements, and shall cause to be made a correct Road map of
map of Cleveland County, showing especially thereon all macadam
roads and other highwajs improved by them.
Sec. 18. One member of said highway commission shall be elected Terms of highway
for a term of two years, another for a term of four years and an- iJ^^ioner.s.
other for a term of six years, and at the expiration of the term of
each his successor shall be elected for a term of six j^ears. If any Vacancies,
member of the highway commission die or resign or become inca-
l>able of discharging the duties of his office, or a vacancy be caused
otherwise, the board of county commissioners shall elect his suc-
cessor to fill out the unexpired term.
Sec. 39. The width and grade of the roads to be laid out, built Width and grade
and constructed by the highway commission under the provisions ° ^^^ ^'
of this act shall be left to the discretion of said highway commis-
sion. The said highway commission is authorized, where public Bridges,
i-oads shall cross a branch, creek or river, to submit plans and
si>ecifications of such bridges, as in their judgment maj* be neces-
sary, to the board of county commissioners, whose duty it shall be .
to have said bridges constructed, and same to be paid for out of
the funds heretofore or hereafter collected for that purpose.
Sec. 20. The Treasurer of Cleveland County shall quarterly pub- Itemized state-
lish in some newspaper published in Cleveland County an itemized ^farterly. '^ ^
statement of receipts and disbursements by him made of moneys
received under the provisions of this act.
Sec 21. That said highway commission herein created shall have Corporate powers,
the power to sue and be sued in the courts of this State for the
enffircement of or for the violation of any contract made by it un-
der the provisions of this act.
Sec. 22. The highway commission shall have power to receive, Convicts from
care for, guard and maintain and work convicts from the State's fJom other" oun-^
Prison and from counties other than Cleveland County, under such ties,
rules and regulations as may be agreed upon by them. It shall be stockades,
the duty of the highway commission to erect suitable stockades
for the safe-keeping and protection of said convicts when so hired,
and are authorized to pay the expense of said convicts and their Expense of trans-
transportation from and to the State's Prison and the expense of Portation.
receiving them from other counties.
Sec. 23. In improving the highways leading through any incor- work in towns.
porated town the highway commission shall not be required to
macadahiize more than two such highways, and these shall not be
made wider than the standard width or the same width as other
roads elsewhere.
Sec 24. In event that a majority of the qualified voters "quali- Subsequent
fied to vote at said election herein provided for shall fail to vote ^'^^'^'°"®"
Pub.— 68
1074
1909— Chapter OTO— G71.
Proviso: limit.
Apportionment of
work.
"For Road Improvements,'' then the hoard of commissioners may,
upon a petition of not less than five hundred freeholders who shall
pledge themselves to vote "For Road Improvements'' and signify
their belief that the majority of the freeholders of Cleveland
County will vote "For Road Imiirovemeuts," order an election or
elections to be held, as herein provided, at such time or times as
they may designate : Provided, that an election shall not be held
ofteuer than ouce in twelve months.
Sec. 25. The highway commission herein created shall each year
distribute the work of improving and reconstructing the highways
of the county in each township as equitably as practicable, having
due regard to the taxable property in each township.
Sec. 26. This act shall be in force and effect from and after its
ratiffcation.
Ratified this the Gth day of March, A. D. 190!).
CHAPTER 671.
AN ACT TO PREVENT THROWING GLASS AND OTHER OB-
STRUCTIONS IN THE PUBLIC ROADS IN UNION COUNTY.
Unlawful deposit
of rubbish.
Depositing rub-
bish on lands of
others unlawful.
Abandoned
ditches and
washes.
Misdemeanor.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlaw^ful for any person or persons
to throw, deposit or cause to be thrown or deposited any glass,
broken or unbroken, or any piece of tin, tin can, iron, brickbats,
rocks or any other rubbish or waste material on any public road
or public roadbed or within twentj' feet of any public road or
roadbed, where it is liable to frighten any domestic animal, or in
any stream, or to injure in any way people traveling upon said
road.
Sec. 2. It shall be unlawful for any person or persons to leave
or deposit or cause to be deposited any of the things mentioned
in section one of this act upon the lands of another without
the pel-mission of the owners of the land.
Sec. 3. This act shall not be construed to prohibit the throwing
or depositing the things herein mentioned in abandoned ditches
or washes after having obtained permission from the owners of
the land for such purpose.
Sec. 4. That any person violating the provisions of this act shall
be guilty of a misdemeanor and fined not exceeding fifty dollars
or imprisoned not exceeding thirty days.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
1909 — Chapter 672 — 673. 1075
CHAPTER 672.
AX ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OR
ROAD SUPERVISORS OF PAMLICO COUNTY TO CON-
STRUCT A PUBLIC ROAD.
The General Assewhly of Xorth Carolina do enact:
Section 1. That the county commissioners or road supervisors Construction of
^ , , ii -i i 1 -1 1 road authorized,
of Pamlico County or whomsoever may have authority to build
and construct public roads and highways in Pamlico County may.
if they think best, construct and build a public road from the .June- Route,
tion of the Neuse River Road and Bayboro and Stonewall Road,
at what is known as the ginhouse corner, in the most dii-ect and
feasible route to a point where the Norfolk and Southern Railway
Company's railroad crosses the public road near Blackwell's cor-
ner, about one-quarter of a mile from the town of Oriental.
Sec. 2. That the right of way for said public road may be pro- Procurement of
, , . ^ J., 1 right of way.
cured with the funds in the county treasury belonging to the road
fund of said county ; and if the same cannot be procured at a rea-
sonable price, then the same may be condemned as provided by
law for condemning lands for highways.
Sec. 3. That after the said public road shall have been made and Maintenance of
, . , . , i, road.
constructed, the same shall be kept up and maintained as other
public roads in said county.
Sec. 4. That the county commissioners or i-oad supervisors or Time for con-
, ,, ^ , , ,. , struction of road.
whomsoever may have authority to build or construct public roads
and highways or supervise the same in Pamlico County may make
and construct the said road provided in section one of this act by
the first day of January, one thousand nine hundred and ten.
Sec. .5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 673.
an act to authorize the commissioners of wilkes
County to build a bridge witiiix two miles of
ELKVILLE, in WILKES COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That the Board of Commissioners of Wilkes County Construction of
, , bridge authorized.
are hereby authorized and empowered to l)Uild an iron or steel
bridge across the Yadkin River at the ford acro.ss said river just
below Elkville, or within two miles of said ford, the point to be
1076
1909 — Chapter Ql:i — 674.
Limit of cost.
Special tax.
Rate.
Contract let for
bridge.
selected by tlie commissioners of Wilkes County or a competent
disinterested committee to be appointed by tbem, said bridge to
cost not more than two thousand dollars ($2,000).
Sec. 2. That in order to provide a fund for the payment of said
bridge the Board of Commissioners of Wilkes County are hereby
authorized and empowered to levy a special tax, at their June
meeting in the year one thousand nine hundred and nine, of not
more than four cents on the hundred dollars valuation of property
and not more than twelve cents on each poll, to be placed on the
tax list and included and collected with the current annual tax
for said year of one thousand nine hundred and nine.
Sec. 3. That the contract for the building of said bridge may
be let by the Board of Commissioners of Wilkes County to the
lowest responsible bidder, at a date not later than twelve months
from the ratification of this act.
Sec. 4. That all laws and clauses of laws, in so far as they con-
flict with this act, are hereby repealed.
Sec. 5. That this act shall be in force and effect from and after
its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 674.
AN ACT TO AMEND CHAPTER 114, PUBLIC LAWS 1907, FOR
THE BETTERMENT OF PUBLIC ROADS OF CATAWBA
COUNTY.
The General Assemhlij of North Carolina do enact:
Section 1. Amend section ten of chapter one hundred and four-
teen, Public Laws of one thousand nine hundx'ed and seven, as fol-
lows : After the word "election," in line twenty-four of said sec-
New registration, tion, add the following sentence : "There shall be an entirely new
registration of voters for the said election, and the board of com-
missioners of said county shall furnish necessary and suitable books
for that purpose."
Sec. 2. Amend said section further by striking out the following
sentence, beginning in line thirty-four : "The registration books
used in general elections shall be delivered to and revised by the
registrars appointed under this act."
Sec. 3. Amend section fifteen by adding thereto the following:
"The provision of this act for the maintenance of a system of
working the public roads by the convicts of said county shall ap-
ply to any township issuing bonds in accordance with this act."
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
Revision of regis
tration books.
Convict work for
townsliips.
1909— Chapter 675—676. lO:
CHAPTER 675.
AN ACT TO BETTER PROTECT THE GAME BIRDS IN
BURKE COUNTY.
The General Assemblij of North Carolina do enact:
Section 1. That it shall be unlawful for any person to kill or Close season.
destroy any quail, partridges, pheasants, doves, robins, larks or
wild turkeys between the fifteenth day of February and the first
dav of December in any year : Provided further, that this act shall Proviso: trapping
"^ i, . in open season,
not apply to persons trapping for birds in the open season on then-
own laud.
Sec. 2. That it shall be a misdemeanor for any person or per- Misdemeanor to
sons to willfully suffer to run at large any dog owned by him or aurrg^e"^"" ^^ '^""
them or in his or their keeping which destroys the eggs or the young
of quajl or partridges or that kills or destroys domestic fowls of
any kind, and on conviction shall be fined not exceeding fifty dol- Punishment.
lars or imprisoned not exceeding thirty days.
Sec. 3. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 4. That the provisions of this act shall only apply to Burke Application of act.
County.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 676.
AX ACT TO AMEND CHAPTER .322 OF THE PUBLIC LAWS
OF 1907, CHANGING THE BOUNDARY LINE OF AHOSKIE
TOW^^SHIP, IN HERTFORD COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That chapter three hundred and twenty-two of the
Public Laws of one thousand nine hundred and seven be and the
same is hereby amended as follows : Insert after the word "at" ^Q^JJg^ry"
and before the word "the," in line three of section one, the follow-
ing: "Bonner's bridge; thence up Ahoskie Swamp from said bridge
to the mouth of Turkey or Mitchell's Mill Branch ; thence up said
branch to." Strike out the word "its," in line ten, and insert the
word "the" ; and after the word "mouth" and before ihe word
"thence," in line ten, insert the following: "Holly Swamp; thence
up said swamp to the old Brown's or Dilday mill."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1078
1909— Chaptek 677—078.
CHAPTER 677.
AN ACT TO AMEND SECTION 924, REVISAL 1905, PERMIT-
TING CLERKS OF COURTS TO PAY FIFTY DOLLARS IN-
STEAD OF TWENTY DOLLARS TO MOTHERS OF INDI-
GENT CHILDREN.
The General Assembly of Xorth Carolina do enact:
Section amended. Section 1. That section nine hundred and twenty-four of the
Amendment. Revisal of one thousand nine hundred and five be amended by
striliiug out the word "twenty," in line two thereof, and inserting
in lieu thereof the word "fifty."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 0th day of March, A. D. 1909.
CHAPTER 678.
AN ACT TO SEPARATE THE CIVIL AND CRIMINAL TERMS
OF COURT FOR LENOIR COUNTY AND TO ABOLISH THE
SECOND WEEK OF THE DECEMBER TERM.
Terms.
Terms for
criminal cases.
Terms.
Terms for civil
cases only.
Process and
pleadings.
Civil matters
heard at criminal
terms.
No grand juries
for civil terms.
Solicitor not
required to
attend.
The General Assenihlp of North Carolina do enact:
Section 1. That the Superior Courts in Lenoir County shall be
opened and held at the times hereinafter set forth, to-wit : Eighth
Monday before the first Monday in March, to continue one week ;
eleventh Monday after the first Monday in March, to continue one
week ; second Monday before the first Monday in September, to
continue one week ; fourteenth Monday after the first Monday in
September, to continue one week. These terms shall be for tlie
trial of criminal cases and such other matters as are hereinafter
designated. First ^Monday after the first Monday in March, to con-
tinue two weeks ; fourteenth Monday after the first Monday in
March, to continue two weeks ; ninth Monday after the first ^Mon-
day in September, to continue two weeks. These three terms shall
be for the trial of civil cases exclusively.
Sec. 2. Civil processes may be returnable to and pleadings filed
out, all except herein designated. Civil trials which do not re-
quire a jury, motions and divorce cases may be heard at such crimi-
nal terms, and any other civil actions may be heard by consent at
such terms.
Sec 3. That no grand juries shall be drawn or summoned for
the terms of court herein designated as civil terms exclusively,
and the solicitor shall not be required to attend nor entitled
1909— Chapter 678— 679— B80. 1079
to his certificate for attendance at any suoli civil terms unless
there are cases on the civil docket which he appears in of-
ficially.
Sec. 4. That all laws and clauses of laws in conflict with this
act. to the extent of such conflict, are hereby repealed.
Sec 5. That this act shall be enforced from and after the first When^act
day of April, one thousand nine hundred and nine, and a certi- Qopy to'be sent.
fied copy of this act shall be sent to the commissioners of Lenoir
County immediately after its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 679. ^
\N ACT TO PREVENT NONRESIDENTS WHO OWN NO LAND
IN GRAHAM COUNTY FROM RANGING OR GRAZING
STOCK OF ANY KIND IN SAID COUNTY.
The General Asseiiihlij of yorth Carolina do enact:
Section 1. That it shall be unlawful for any person or persons, ^c^t^deciared
firm or corporation who do not live in Graham County and who
do not own land therein to range or graze any stock of any kind
within the borders of said county.
Sec 2. That anyone violating the provisions of this act shall be Misdemeanor,
guilty of a misdemeanor and fined not exceeding fifty dollars or Punishment.
imprisoned not exceeding thirty days.
Sec .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Oth day of March. A. D. 1009.
CHAPTER 680.
AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF
DURHAM COUNTY TO PROVIDE FUNDS FOR THE EREC-
TION OF A SCHOOL BUILDING.
The General Assemhli/ of Xorth Carolina do enact:
Section 1. That the Board of Education of Durham County be Power to borrow
and is hereby authorized and empowered to borrow a sum not to Amount,
exceed five thousand dollars ($5,000) for the purpose of erecting
school buildings in said county, said amount to supplement any
funds they may have in hand.
Sec. 2. That all laws and clauses of laws in confiict with this act
are hereby repealed.
Sec 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Otb day of March. A. D. 1900.
1080
1909— Chaptek G81.
CHAPTER 681.
AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF
LEXINGTON TOWNSHIP TO ISSUE BONDS.
Board incor-
porated.
Corporate name.
Corporate seal.
Election of mem-
bers.
Property vested.
Corporate powers.
Conveyances.
Bond issue
authorized.
Amount.
Denominations.
Interest.
Maturity.
Maturity.
Designation.
Authentication.
Use of funds.
Roads to be
macadamized.
The General .Assembly of North Carolina do ciidct:
Section 1. That the Board of Trustees of Lexiiij^tou To\viishi)».
Davidson Couiitj% shall be and remain a body coi'porate. iiikUt
the name of the "Board of Trustees of Lexiu.icton Township."
and may adopt and use a common seal, and the members thereof
shall be chosen in the manner now provided by law. The said
corporation shall be and remain vested with all the property,
real and personal, choses in action, rights in action and all other
rights, privileges and powers owned, held and enjoyed l>y the
Board of Trustees of Lexington Township by virtue of existing
laws and the provisions of this act. Said corporation shall be
capable of doing so, and is hereby authorized and empowered to
receive gifts and grants, and to purchase real and personal prop-
erty, to hold, sell, mortgage or transfer the same for public-road
purposes, and to prosecute and defend suits for or against said
corporation. Conveyances to said board of trustees prior to or sub-
sequent to the passage of this act shall be to them and to their
successors in office, and all deeds, mortgages and other agreements
affecting real estate, and all bonds and obligations shall be deemed
sufficiently executed when signed by the chairman and secretary
of said board and attested by the seal of said corporation.
Sec. 2. That said board of trustees are hereby authorized and
empowered to issue bonds of the township to an amount not ex-
ceeding the sum of one Iiundred thousand dollars (.$100,000), of
denominations of not less than one hundred dollars nor more than
one thousand dollars, bearing interest from date at the rate not
exceeding five per cent per annum, with interest coupons attached,
payable semiannually, at such time and place as the board may
direct, and the principal thereof shall be payable at such time and
place as said board may determine, in accordance with the pro-
visions of section three following.
Sec. 3. The bonds shall be made payable not less than thirty
years nor more than forty from the date thereof, and shall bear
on the face thereof the following to designate the pin-pose for
which they were issued : "Public Roads Bonds of Lexington Town-
ship." The bonds and coupons shall be numbered and shall be
signed by the chairman of the said board of trustees and counter-
signed by the secretary of said board, and bear the corporate seal
of said board of trustees.
Sec. 4. The funds received from the sale of said bonds shall be
used for the purpose of laying (lut. improving, straightening, grad-
ing and macadamizing the public roads of Lexington Township.
1909— Chaptkk 081. 1081
and no sectiou of said roads or highways shall be graded, improved
or straighteued with said funds unless the section so graded, im-
proved or straightened shall be macadamized as sOon thereafter as
expedient.
Sec. 5. The board of trustees shall have the power and they u.se of convict
are hereby authorized to use the convicts and all the force con- °'"'^^-
nected therewith, as now constituted and provided for in Lexington
Township under existing laws, and pay all expenses for same
out of said funds arising from the sale of said bonds, and they Tools and
may use the tools and machinery belonging to the township, and macliinery.
they may buy additional tools and machinery and hire other labor Q,i,pr |j^|,qj.
as necessity demands for carrying into effect the provisions of
this act ; and said board may contract with the State of North Convicts from
Carolina, and the State of North Carolina is herebfj- authorized ^*'^'*''
to contract with the Board of Trustees of Lexington Township
for the use of such a number of convicts as may be needed frofn
time to time by said board, for such compensation as will in-
demnify the State of North Carolina against losses for the serv-
ices of the same, said board paying such contract price and all
other attendant expenses out of said funds arising from the sale
of said bonds.
Si;c. r,. That the roadbed in said township laid out, constructed, width of roadbed.
pre])ared and worked under this act shall not be less than twenty
feet nor more than forty feet wide, and the part of the bed which widtii of
shall be macadamized shall not be less than nine feet nor more macadam,
than fourteen feet wide, and turnouts may be provided at proper Turnouts.
and convenient distances along the narrow roads for passing.
Sec 7. That the said board of trustees shall not issue the bonds jgg^g ^f bonds to
herein provided for, or any part thereof, until they shall have be submitted to
' ' .. 1 > J voters.
first submitted the question to the (lualified voters of the township
at an election to be held for that purpose. Said election shall be j^^vv governing
held ajKl conducted In the same manner as is prescribed by law ele^^tion.
for holding elections for members of the General Assembly: Pro- proviso: call of
rifled, hou-cver, that said board of trustees shall order and call an el«'ti.on and
appouitmcnt of
election and appoint the registrars and judges of election and all election officers.
other election officers, and fill vacancies for any cause; and the Registration and
registration and challenge of voters shall be conducted in like <;'iaiienge of
manner as is provided for in the election of members of the Gen-
eral Assembly; and for said election the said board of trustees shall New registration.
order a new registration and provide therefor as the law directs in
State elec-lions. The votes shall be counted ii| the close of the polls (jount of votes.
by the registrars and judges of election, and they shall malve two j{pt„ri,^
written statements or returns and deliver them to tlie board of
trustees at noon on the day following said election, and said board canvass of
of trustees shall canvass the same and declare the result of the Declaration and
election and record in the minutes of the board the return and the record of result.
finding and declaration of the board of trustees, and the other
1082
1909— CiiAPTKR <381.
Ballots.
Advertisement of
election.
Issue ani:
bonds.
sale of
Proviso: limit of
annual issue.
Further elections
if bonds not
voted.
Deposit of pro-
ceeds.
Funds kept
separate.
Separate
accounts.
Bond of treasurer
Road orders.
Election of
treasurer.
Bonds not sold
below par.
return and a copy of the tiudini; shall be filed with the register
of deeds, to be recorded in his office, and no other recording shall
be necessary.
Sec. S. That at said election the ballots cast by the qualified
electors shall be a white slip of paper upon whicli is written or
printed "For Good Roads" or "Against Good Roads." The quali-
fied electors favoring and voting for the issuing of said bonds
shall cast their ballots "For Good Roads," and the qualified elec-
tors who oppose and vote against issuing said bonds shall cast
their ballots "Against Good Roads."
Sec. 0. That said election shall be advertised by the board of
trustees for thirty days immediately preceding the day of election
in some newspaper published in the township, with notice of
registration, as the law provides in other elections. If it is found
that a ma.iority of the registered qualified voters of the township
have cast their ballots "For Good Roads," the board of trustees
shall have prepared and shall issue bonds as provided for herein,
and put upon the market such an amount of bonds as they may
deem necessary to prepai'e for and begin work on the public roads
and continue the same as rapidly as may be expedient: Provided,
however, that no bonds shall be issued in any one year in excess
of the estimated expenditures of that year. If it shall be found
that the majority of the registered voters have not cast thejr
ballots "For Good Roads," no bonds shall be issued, but this shall
not destroy this act nor prevent said board of trustees from sub-
mitting the question again to the qualified voters of the town-
ship, without a new registration, at a subsequent election called
by said board for that purpose at any time within four years from
the holding of the first election.
Sec. 10. When any of said bonds are sold the proceeds of such
sale shall be turned over to the county treasurer, who shall keep
said funds and all other funds provided for in this act and which
may come into his hands separate from all other funds, and he
shall keep a separate account of the same; and said county treas-
urer, before any money shall be turned over to him, shall execute
an otficlal bond, payable to said board of trustees, in a sum one-
fourth greater than the sum which may come into his hands by
reason of this act. conditioned for his faithful safe-keeping and
accoiuiting for the same, and in all things holding and disbursing
and accounting for the same as is required of him by law; and all
orders directed to said treasurer for payment of money under this
act shall bear on their face that they are good-road bonds orders.
But if said county treasurer refuses or fails to make the foregoing
bond, then the said board of trustees shall elect some proper per-
son as treasurer of said board, who shall servt> under the pro-
visions and directions set forth above.
Sec. 11. That no bonds authorized by this act shall be disposed
of, by sale, exchange, hypothecation or otherwise, for a less price
1909— Chaptee 681. 1083
than their face value, nor shall said bonds or their proceeds be Specific appro-
nsed for any other purpose or purposes than those declared by this ^^^^ '°"'
act. A record shall be kept by said board, in a book provided for Record of bonds.
that purpose, setting forth the amount of bonds issued and sold.
the date of sale, to whom sold, the number of the bond and the
date of maturity of each bond.
Sec. 12. That for the purpose of paying the interest accruing on Payment of
intfrc^t'
said bonds issued under this act the board of trustees are author-
ized and directed to take and appropriate of the money collected '
for public-road purposes, as is provided for by existing laws appli-
cable to Lexington Township in chapter three hundred and seventy-
five, Public Laws of one thousand eight hundred and ninety-hine.
and apply as much thereof as is necessary for the payment of said
interest whenever the same is due ; and said board may at any Sinking fund.
time, after the expiration of five years from the ratification of this
act, create a sinking fund from the taxes collected for said road
purposes by setting aside a sum thereof annually for the payment
of the principal of said bonds at maturity. Any money thus appro- Investment of
priated maj' be invested in the purchase of said township bonds, if
they can be purchased at par, but in case such bonds cannot be pur-
chased the said board may lend said sinking fund, or any part
thereof, in sums as they may deem proper, for a length of time not
greater than the time elapsing six months prior to the maturity of
the bonds next coming due, for the redemption of which such
money may be needed, taking as security for the payment thereof
mortgages or deeds of trust on real estate sufficient to amply
secure the same, or said township bonds may be taken as collateral
security for said loans at not exceeding their par value. In issuing Bonds to fall due
said township bonds the board of trustees shall cause to fall due ^"^ i»stallments.
in any one year not more than ten thousand dollars of the bonds,
exclusive of all interest.
Sec. 13. That upon finding the result of the election to be in Election of road
„ »,,..„,, i, i-j. ii , n commissioner.
favor of the issuing of bonds, or as soon thereafter as the board
may deem necessary, said board of trustees shall call a meeting of
the justices of the peace of the township in a joint session with
said board for the purpose of electing by ballot a road commis-
sioner for Lexington Township, and in this joint session each jus-
tice of the peace and each member of the board has one vote in
each ballot that may be taken for road commissioner. Of this Chairman of
meeting the chairman of the board of trustees shall be the chair- '"^^^'"s.
man. The result of said election sliall be declared and nx-orded in Declaration and
the i^roceedings of the said board of trustees. Seven shall const!- Quomin. '^'^ "
tute a quorum in this meeting, with power to elect as afoi-esaid.
If no election is made by this meeting, the board of trustees shall
within ten days thereafter proceed to elect such road commissioner.
Said person so elected shall take and subscribe an oath for the ^^^^^ co'""'''j-
sioner to (lualify
faithful performance of his duties as road commissioner, and shall and give bond.
1084
1909— Chapter 681.
Term of office.
Removal for
cause.
Meetings for
election of road
commissioner.
Wage.s.
Power of road
commissioner in
locating and
changing roads.
Entry on land for
construction and
materials.
Procedure for
assessment of
damages.
Benefits to be
considered.
execute an official bond before euteriug upon any of said duties,
with sufficient surety, in the sum of one thousand dollars, for the
faithful performance of his duties and accounting for ^11 money
and property which may come into his hands as said officer. Said
bond shall be made payable to the board of trustees of Lexington
Township and shall be approved by said board and recorded as are
other official bonds. Said commissioner shall hold his office for two
years from the first Monday in June of the year elected, and shall
be elected biennially thereafter, except that the board of trustees
may, for incompetency or inability or neglect to perform the duties
of the office, or for other good cause, remove said road commis-
sioner from his said office and elect a successor for the unexpired
term, subject to the same causes for removal. There shall be held
biennially on the first Monday in June a joint session of the town-
ship justices of the peace and the board of trustees for the purpose
of electing a road commissioner for said township, who shall give
bond and take oath as aforesaid. Said road commissioner shall
enter upon his duties and work when directed by said board of
trustees to begin, and his wages shall be fixed by said board.
Sec. 14. That said road commissioner is hereby given power and
authority, subject to the approval of the board of trustees, with
the aid of a competent civil engineer, to locate and relocate, widen
or otherwise change any part of any public road, where, in his
judgment, such location, relocation or change will prove advan-
tageous to public travel ; and for the purpose of laying out, locating,
relocating, broadening, changing, opening up or constructing or
working any public road herein provided for, the road commis-
sioner or anyone acting under his authority, by his direction or
under his supervision, may enter upon the lands of any person and
proceed to open, build and construct the road, and may use stone,
earth, timber or any necessary materials contiguous to said road
for opening, constructing and working said road ; that when any
person or persons on whose land the new road or part of a road is
to be located claims damages therefor in excess of what the board
of trustees may deem just, and shall within thirty days petition
the board of trustees of the township for a jury to assess the dam-
ages, the said board, within not less than fifteen nor more than
sixty days after the completion of said road, shall order a jury of
freeholders of the township, of not less than three nor more than
five persons, none of whom shall be related to the person claiming
damage, to be summoned by the sheriff of the county or the consta-
ble of the township, on a notice issued by the said board of trus-
tees, to meet and assess the damages, if any, sustained by the
owner of the land, which said jury, after first being duly sworn to
impartially assess the damages, shall forthwith proceed to assess
the same and make their report to the next regular or called ses-
sion of the said board of trustees ; that said jury, in considering
the question of damages, shall take into consideration the benefits
1909— Chapter 681. 1085
ro iniblic travel and to the owner of the hind, and if the said
benefits be considered equal to the damage sustained the jury shall
so declare. The sheriff or constable serA'ing the process shall be Fees of constaV)le
allowed the sum of twenty-five cents for each person for a jury, ^^^ •'"''J'-
and the jurors who mjike claim shall be paid the sum of fifty cents
each, to be paid out of the township fund. The officer making the
service shall serve a copy of the summons on each freeholder sum-
moned for a jury, unless such freeholder accepts service. The dam- Payment of
age, if any awarded, shall be paid out of the good-roads fund of ^ '^"^'^^^''•
the township. In case either party interested shall be dissatisfied Right of appeal.
with the findings of the jurors, such dissatisfied party may appeal
to the Board of Trustees of Lexington Township, and if dissatisfied
with their decision may in turn appeal to the Superior Court of the
county of Davidson, and an appeal taken from the judgment of the
board of trustees by either party may be without bond, and the
same shall be heard de novo; but the judge may in his discretion judge may require
require either party to give bond when the appeal is taken to the ^'^"'^ °'^ appeal.
Superior Court : Provided, that the party to wdiom damages are
awarded shall recover no more cost than a sum equal to the amount
of damages so awarded.
Sec. 15. That said road commissioner shall be an experienced Qualifications of
and practical builder of macadamized roads, and in laying out simier*'™™''^
and grading the public roads in said township preparatory to mac- Civil engineer.
adamizing them he may have the assistance of a practical civil
engineer, who shall be employed by the board of trustees for this
purpose. The i-oad commissioner shall have general supervision of Enumeration of
all the public-road forces in said township, and shall direct their §°j^g^® ^""^
work in accordance with the orders of the board of trustees. He
shall have general supervision of the convicts and shall appoint a
superintendent of the chain gang and all the guards, subject to the
approval of the trustees. Said road commissioner shall keep the
time of all employees on the road and an account of all work done
by contract, and certify the same to the board of trustees, and said Purclia.se of
board shall buy such material and machinery as they may deem machhiery"
necessary for the construction of said roads, and they may contract Roads may be let
for material to be furnished for road building and may let sections ^^ contract,
of road grading out by contract, when it is deemed expedient to do
so, and pay for same out of the good-roads fund; and all salaries,
fees and expenses attending and incurred in laying out, construct-
ing and building macadamized roads in Lexington Township shall
lie paid out of said funds, the board making order for same upon
the treasurer in manner and form as is provided for by existing
laws.
Sec. 16. That this act is not to interfere with or hinder or Road work not
change the plan of public-road work in the township provided for '"^^rfered with.
in chapter three hundred and seventy-five, I'ublic Laws of one
1086
1909— Chapter 681.
Roads to be
macadamized.
Lengtli.
Detail?: of work
Divergent high-
ways within
Lexington.
Deposits of road
funds.
Expense of
elections.
Expense of issuing
and selling bonds.
Notes and deeds
of trust.
Interest by road
officer misde-
meanor.
Repealing clause.
Act extended to
other townships.
thousand eight hundred and ninety-nine, as the same be directed
by the board of trustees and paid for out of the tax fund tlierein
provided for.
Sec. 17. That said board of trustees may and they are hereby
authorized and directed to extend the building of macadamized
roads herein provided for from the courthouse of Davidson County
in four different directions over four leading highways, but no one
of said roads shall be built farther than three and one-half miles
from said courthouse until all other main thoroughfares proposed
to be so worked are macadamized an equal distance, unless such
road or roads touch the township line within a shorter distance.
This does not prohibit the board from omitting to macadamize any
part of said roads which in their judgment does not need mac-
adamizing, or the working of the same might with benefit be de-
ferred until roads more urgent are macadamized, nor shall it pro-
hibit said board from beginning the woi'k on saicl roads at any
point within said three and one-half miles from said courthouse,
where in their judgment it is most practicable and will facilitate
and cheapen the work. All highways diverging from said four
public roads leading from the county courthouse shall not be im-
proved out of the funds herein provided for within the limits of
Lexington, nor shall others be extended or built therein out of said
funds.
Si<:c. 18. That the board of trustees may in their discretion direct
the treasurer to deposit in a State or national bank any part of
the funds herein provided for which may not be used for road pur-
poses for six months thereafter, and take certificates therefor,
bearing interest, which shall go to said public-road funds.
Sec. 19. That all expenses arising by virtue of this act, in call-
ing, conducting, holding and providing for the elections in the
township, shall be paid by the board of trustees out of the tax
funds of the township ; and if the election shall be found to be in
favor of issuing said bonds, all expenses incurred in preparing,
issuing and selling said bonds shall be paid by said board out of
the funds arising out of the sale of said bonds'.
Sec. 20. That notes or other evidences of debt given for any loan
under this act shall be executed to and in the name of the board
of trustees, and the treasurer shall be named as a trustee in all
deeds of trust, but any road officer who shall be interested, directly
or indirectly, in any loan or any benefits arising therefrom shall be
guilty of a misdemeanor.
Sec. 21. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 22. The benefits and provisions of this act shall be and they
are hereby extended and made to apply to every other township in
Davidson County as fully and perfectly as they do to Lexington
1909— Chapter 081. 1087
Towiisliip, aud as fully as if the same were repeated in this act in
full for each township named therein; and for the purpose of Township trustees
effecting this, the board of trustees of each township in Davidson >ncorporate(i.
County are hereby created a body corporate, under the name of the corporate names
"Board of Trustees of " (here insert name of town-
ship) ; aud such bodies corporate are hereby clothed and vested Rights, re-sponsi-
with all of the rights, title, responsibilities and privileges in their ^'^•'^'^ip ^"^
respective townships which are by this act expressly conferred •
upon the Board of Trustees of Lexington Township. The election conduct of eiec-
to be held in other townships than Lexington shall be in all respects v,'"'^^"'^ ''^''"^ °^
similarly conducted as herein provided for Lexington Township,
aud the bonds to be issued bj' said townships shall be issued in sub-
stantially the same form and manner, upon substantially similar
terms as those herein provided for Lexington Township.
Sec. 23. That the Board of Commissioners of Davidson County countv bond issue
are hereby authorized aud empowered to issue the bonds of said authorized.
Davidson County to an amount not exceeding the sum of five huu- Amount.
dred thousand dollars, of denominations of not less than one hun- Denominations
dred nor more than one thousand dollars, bearing interest from i,^tpi.gst
their date at a rate not exceeding five per cent per annum, with
interest coupons attached, payable semiannually, at such time and
place as the board may direct, and the principal thereof shall be
payable at such time and place as the board may determine. Said Maturity.
bonds shall be made payable not less than thirty years nor more
than forty years from the date thereof, and shall bear on their face
the following to designate the purpose for which they were issued :
"Public-road Bonds of Davidson County." The bonds and coupons Authentication
shall be numbered and shall be signed by the chairman of said
board of county commissioners aud countersigned by the clerk of
said board and bear the corporate seal of said board. The funds ^j^.^, ^^ proceed.^
received from the sale of said bonds shall be used for the purpose
of carrying out, improving, straightening, grading and macadam-
izing the public roads of Davidson County. But the said board of Q^,estion of bond
countv commissioners shall not use the bonds herein ])rovided for, issue suhnutted to
voter.s.
or any part thereof, until they shall have first submitted the ques-
tion to the qualified voters of the county, at an election to be held
for that purpose, which said election shall be held and conducted conduct of
in substantially the same manner as is presci'ibcd by law for hold- election,
ing elections for members of the General Assembly: Provided, hotc- Provi.so: count.v
ever, that the said board of county commissioners shall order and ('aiTdect'io'iTanci'
call the election and appoint the registrars and judges of election appoint election
officers.
and all other election officers, and fill vacancies for any cause. The Registration and
registration and challenge of voters shall be conducted in like man- clialle^nge of
ner as is provided for in the election of members of the General
Assembly. For said election the said board of county commis- xew registration.
sioners shall order a new registration and provide therefor as the
1088 ^ 1909— Chapter 681.
Count of votes. law directs in State elections. The votes shall be counted at the
Returns. close of the polls by the registrars and judges of election, who shall
make two written statements or returns, and deliver them to the
board of county commissioners at noon on the day following said
Canvass of election, and said board of county commissioners shall canvass the
returns.
Record of result, same and declare the result of the election, and record in the min-
utes of the board the return and the finding and declaration of the
. board of county commissioners, and the otlier returns, and a copy
of the finding shall be filed with the Register of Deeds of Davidson
County, to be recorded in his office, and no other recording shall be
Ballots. necessary. At said election the ballots cast by the qualified electors-
shall be a white slip of paper upon which is written or printed
"For Good Roads" or "Against Good Roads." The qualified elec-
tors voting for the issue of said bonds shall cast their ballots "For
Good Roads," and the qualified electors who oppose the issue of
.Advertisement of said bonds shall cast their ballots "Against Good Roads." The said
flection
election shall be advertised by the board of county commissioners-
for thirty days immediately preceding the day of election in some
newspaper published in Davidson County, with notice of the regis-
issue and sale of tration, as the law provides in other elections. If the majority of
the registered qualified voters of the county cast their ballots in
said election "For Good Roads." the board of trustees shall have
l)repared and shall issue bonds as provided for herein, and shall
Subsequent elec- put the same upon the market as they may deem proper. If a
voted. " '^ "° majority of the registered voters cast their ballots "Against Good
Roads," no bonds shall be issued by said board of county commis-
sioners, but this shall not destroy the provisions of this act relative
to the board of county commissioners, nor prevent said board of
county commissioners from submitting the question again to the
qualified voters of the county, without a new registration, at a sub-
sequent election called by said board of county commissioners for
that purpose, at any time within four years from the holding of the
Proviso: subse- first election : Provided, that no election shall be called for the pur-
Se^oii peluion ^° V^^^ herein named unless one-third of the qualified voters of the
county or township, as the case may be, as per the registration
books of the next preceding election, shall file with the board of
county commissioners of said county a petition for said election :
Provi.so: election Provided further, that at the time of the said election in each
of road trustees, ^^wnship there shall be elected by the qualified voters thereof the
road trustees provided for in this act.
Sec. 24. This act shall be in force from and after its ratificaticm.
Ratified this the 8th day of March. A. D. 1909.
1909— Chaptek 682—683. 1089
CHAPTER 682.
AN ACT TO ESTABLISH THE OFFICE OF TREASURER OF
BERTIE COUNTY.
The Geneial AssemWy of North Carolina do enact:
Section 1. That fi'om and after the first Monday in December, Date when office
one thousand nine hundred and ten, there shall be a treasurer ^^ ^ i*" e .
for the county of Bertie.
Sec. 2. That at the next general election held in Bertie County, Election of
and every two years thereafter, a treasurer shall be elected for '^'"^'^^surer.
said county by the voters thereof, under the same rules and
regulations governing the election of other county oflicers.
Sec. 3. That the compensation of the said treasurer shall be Compensation of
two and a half per centum on all disbursements of the general *''^^^"^^'"-
county funds, school funds and special funds disbursed by said
officer.
Sec. 4. That in all other respects the general laws relative to General law-
county treasurers in North Carolina shall apply to the Treasurer applicable.
of Bertie County.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 683.
AN ACT TO AMEND CHAPTER 860, PUBLIC LAWS 1907.
TO INCREASE THE JURISDICTION OF THE RECORDER'S
COURT, AND FOR OTHER PURPOSES.
The General Assembly of North Carolina do enact:
Section 1. That in all cases of larceny and receiving stolen Punishment for
property hereafter committed in the county of Union, where the ^pst^ff^n^e!^'
value of the property alleged to have been stolen or received does
not exceed the sum of twenty dollars, the punishment for the
first offense shall not exceed imprisonment in the county .iail
or on the public roads a longer period than one year, and all Petty misde-
such offenses hereafter committed in said county are hereby de-
clared petty misdemeanors, and the recorder's court shall have jurisdiction,
original jurisdiction thereof: Provided, the right of appeal shall Proviso: right of
not be impaired. appeal.
Sec. 2. That in all trials of criminal cases before said court Removal of trial
the recorder may upon his own motion remove the trial thereof '° subrecorder.
to the subrecorder ; and upon affidavit of either party to the
action, made before evidence is introduced, that he is unable to
obtain a fair trial before said recorder, It shall be his duty to
Pub.— 69
1090
1909— Chapter 683.
Proviso: affidavit
in good faith.
Removal by
subrecorder.
Proviso: fee on
removal.
Proviso: effect of
removal.
Jury trials.
Selection of jury.
Jury lists.
Clerk to give
bond.
Warrants of
justices returnable
to recorder.
Eligibility to
recordersliip.
remove the trial thereof to the subrecorder, which affidavit shall
contain specifically the reasons alleged for such removal : Pro-
vided, that the reasons for such removal, as set out in the affidavit,
are not Impertinent and that such affidavit is made in good faith
and not for the purpose of securing a continuance ; and in all
criminal cases before the subrecorder which shall not have been
removed from before the recorder the subrecorder shall in like
manner, upon like affidavit, remove the trial thereof to the re-
corder : Provided further, that in each case removed from before
the recorder a fee of two dollars shall be taxed in the bill of
costs, in case of conviction, and collected as other costs, and
paid to the subrecorder, which shall be the only compensation
received by him, except when he is acting as recorder in his ab-
sence, when he shall receive the compensation now provided by
law : Provided further, that no cause shall be more than once
removed nor have the effect of continuing the trial thereof for a
longer period than three days.
Sec. 3. In all cases where a jury may be demanded, as pro-
vided in the act creating said recorder's court, the jury shall be
secured as provided for in courts of justices of the peace. The
jury shall be selected from the township in which the offense is
alleged to have been committed, and for this purpose the said
recorder shall be furnished, upon application, by the commis-
sioners of the said county a list of the qualified jurors of each
township, respectively, and he shall keep said lists in separate
boxes, from which the jury shall be drawn as herein provided.
Sec. 4. That the clerk of the said court shall be required to
give a good and sufficient bond, in like manner as other county
officers, for the faithful discharge of his duties. The amount of
said bond shall be fixed by the board of county commissioners
of said county, approved by them and filed as other bonds for
county officers.
Sec. 5. That the justices of the peace in Monroe Township, ex-
cept in incorporated towns and cities in said township, may,
upon application made as by law provided, issue warrants as
other justices of the peace in the county, returnable for trial to
the recorder, and in all cases where a warrant for any offense
is issued by a justice of the peace, as provided for in this sec-
tion, the justice shall make said warrant returnable to the said
recorder, and the defendant, when arrested, shall be required to
appear before the recorder for trial in the same manner as if the
warrant had been issued by the recorder, and the recorder's court
shall have jurisdiction thereof, as if the warrant had been issued
by the recorder.
Sec. 6. Any qualified elector shall be eligible to election to the
oflfice of recorder.
Sec. 7. This act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 681—685—686. 1091
CHAPTER 684.
AN ACT FOR THE RELIEF OF THE INMATES OF THE
SOLDIERS' HOME, AT RALEIGH.
The Genera] Assembly of Xorth Carolina do enact:
Section 1. That a pension of six dollars per annum, payable Quarterly pension,
in equal quarterly installments of one dollar and fifty cents each,
on the first days of January, April, July and October in each
year, be paid to all inmates of the Soldiers' Home, at Raleigh.
Sec. 2. That all laws or clauses of laws in conflict with this
act are hereby repealed.
Sec. 3. That this act take effect from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 685.
AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS
OF PENT)ER COUNTY TO BE PAID $3 PER DAY FOR
THEIR SERVICES.
The General Assembly of North Carolina do enact:
Section 1. That each of the county commissioners of Pender Per diem.
County shall receive for his services and expenses in attending
the meetings of the board not exceeding three dollars per day,
as a majority of the board may fix upon, and such mileage as is Mileage.
now allowed by law.
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hei-eby repealed.
Sec. 3. That this act be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1009.
CHAPTER 686.
AN ACT TO ALLOW J. BIS. RAY TO ISE THE INDEX OF
THE REVISAL OF NORTH CAROLINA OF 1905 IN A
DIGEST OF THE SUPREME COI'RT REPORTS OF NORTH
CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. That J. Bis. Ray be and he is hereby authorized to Right to use
use any or all portions of the index to the Revisal of one thou- '
sand nine hundred and five in a digest of the Supreme Court
L
1092
1909— Chapter 686—687—688.
Right to use
digest.
Copyright not
abridged.
Reports of North Carolina now in course of preparation by him,
and he is hereby authorized to use in said digest any and all
sections of said Revisal in said digest to any extent he may de-
sire.
Sec. 2. That nothing in this act shall be construed to abridge
the right of the State in its copyright of said Revisal or in any
way interfere with same further than to grant the above right
to said J. Bis. Ray.
Sec. 3. That this act shall be in effect from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
Salary.
CHAPTER 687.
AN ACT TO AMEND SECTION 1, CHAPTER 732 OF LAWS OF
1907, IN REGARD TO THE SUPREME COURT MARSHAL.
The General Asseml)Jij of North Carolina do enact:
Section 1. That section one of chapter seven hundred and
thirty-two of the Laws of one thousand nine hundred and seven
be amended by striking out the words "twelve hundred and fifty,"
in line six of said section, and inserting in lieu thereof the words
"fifteen hundred."
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the (Jth day of March, A. D. 1909.
^CHAPTER 688.
AN ACT TO REGULATE THE GAME LAW OF WAKE
COUNTY.
The General Assembly of North Carolina do enact:
Close season. SECTION 1. That sections one thousand eight hundred and
eighty-four, one thousand eight hundred and eighty-five and one
thousand eight hundred and eighty-six of the Revisal of one
thousand nine hundred and five be amended by adding at the
end of each of said sections the following: "Wake, from the first
day of March to the fifteenth day of November."
Application of act. Sec 2. That this act shall apply only to Wake County.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 689—090. 1093
CHAPTER 689.
AN ACT TO AMEND CHAPTER ...., RATIFIED FEBRUARY
23, 1909. ENTITLED "AN ACT TO PREVENT THE SALE
OF CERTAIN COMMODITIES AT THE ANNUAL MEETING
OF THE LOWER COUNTRY LINE PRIMITIVE BAPTIST
ASSOCIATION."
The General Assemhly of 'North Carolina do enact:
Section 1. That the words "Upper Country Line Primitive Extension of law.
Baptist Association and" be inserted before the words "Lower
Country Line Primitive Baptist Association" wherever found
in the act ratified February twenty-third, one thousand nine hun-
dred and nine, entitled "An act to prevent the sale of certain
commodities at the annual meeting of the Lower Country Line
Primitive Baptist Association."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 690.
AN ACT TO AMEND CHAPTER 63G, PUBLIC LAWS 1905.
PROVIDING FOR THE WORKING OF THE PUBLIC ROADS
IN JONES COUNTY.
The General Assembly of North Carolina do enact:
Section 1. Amend section twelve of chapter six hundred and '^i'^^^'^^^ill^^^*-
thirty-six of Public Laws of North Carolina by striking out the
word "March," in line thirteen of said section, and inserting in
lieu thereof the word "May" ; also amend section nineteen of said Requiring bonds
, ,, „ . ,. f „,■^ of supervisors
chapter by striking out the word "may, ' ni line one of said mandatory.
section, and inserting in lieu thereof the word "shall": --^Iso Jf^fchineS^'nd
amend section twenty of said chapter by inserting after the implements.
word "supervisor," in line one of said section, the following
words : "superintendent or overseer" ; also amend section twelve Officers collecting
'■ ,, •, << ri. „ . f commutation,
of said chapter by inserting after the word "officer, in line
eleven of said section and before the word "of," in said line,
the following words: "to be appohited and authorized to col-
lect same by the board of road commissioners."
Sec. 2. That all laws and clauses of laws in conflict with the
amendments provided for in section one of this act are h(>reby
repealed.
Sec 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
1094
1909— Chapter 691—692.
CHAPTER 691.
AN ACT TO AUTHORIZE THE BOARD OF COUNTY COM-
MISSIONERS OF CRAVEN COUNTY TO BUILD A PUBLIC
ROAD IN Nos. 1 AND 3 TOWNSHIPS.
Construction of
road authorized
Route.
The General Asscmhlij of yorth Carolina do enact:
Section 1. That the county commissioners of Craven County
be and are hereby authorized and empowered to build a public
road leading from the town of Cove City to and through the town
of Fort Barnwell ; thence to the bridge across Neuse River, near
Maple Cypress, and from the foot of the bridge on the Number
Bridge or viaduct. One Township side, across the lowgrounds, to construct a bridge
or viaducts, out of the general fund in the treasury of Craven
County.
Sec. 2. That for the purpose of building said road from Cove
City to the foot of the Maple Cypress bridge the county com-
missioners be and are hereby authorized to use and work the
convict force now used exclusively on Eighth Township roads of
said county.
Sec. 3. That upon the raising and payment of a contribution
by the citizens of Third Township of a sum not less than five
hundred dollars the said county commissioners of Craven County
are hereby authorized to begin the construction of said road by
the county convict force, as aforesaid.
Sec. 4. That all laws and clauses of 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 the Gth day of March, A. D. 1909.
Use of convict
force.
Contribution by
third township.
Construction to
begin.
CHAPTER 692.
AN ACT TO PREVENT THE USE OF DRAG NETS IN CER-
TAIN STREAMS IN PAMLICO COUNTY.
Use of drag nets
unlawful.
Waters affected.
TJte General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to haul or use any drag net in the waters of Vandemere Creek
and its tributaries, Smith's Creek, Chappel's Creek and its tribu-
taries, Trent Creek and its tributaries and Bay River and its
tributaries, from the mouth of Trent Creek to the head of both
its northwest and southwest prongs, for the purpose of catching
or taking fish from said waters.
1909— Chapter 692—693—694. 1095
Sec. 2. That any person or persons violating the provision of Misdemeanor,
the first section of this act shall be guilty of a misdemeanor
and shall be fined not less than five dollars nor more than ten Punishment.
dollars or imprisoned not less than five days nor more than ten
days for each and every offense.
Sec. 3. This act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 693.
AN ACT TO PROHIBIT THE THROWING OF SAWDUST INTO
THE CREEKS AND RIVERS OF STANLY COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any owner, lessee, firm Throwing or per-
or corporation or any other person having charge of any sawmill iS'strelmsl'^mis-
in Stanly County to throw the dust of said mill or permit the same demeanor,
to go into the creeks and rivers of Stanly County, and any person
violating the provisions of this act shall be guilty of a misde-
meanor, and upon conviction shall be fined or imprisoned in the Punishment,
discretion of the court.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 694.
AN A€T TO PROMOTE AND ENCOURAGE THE RAISING
OF QUAIL AND OTHER GAME BIRDS IN ROCKINGHAM
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any owner of or perscm Unlawful to per-
, , mit dogs to run at
having control of any dog used in hunting birds or animals to per- large.
mit the same to run at large between the first day of May and '^"^^•
the first day of September in each and every year.
Sec. 2. That any person so offending shall be guilty of a mis- Misdemeanor.
demeanor and fined not exceeding ten dollars or imprisoned not Punishment.
exceeding five days.
Sec. 3. That it shall be the duty of the sheriff, deputy sheriff. Dogs to be
constables and justices of the peace to enforce this law by having '"^p°""
all dogs described in section one of this act impounded, and after
1096
1909— Chapter 694—695.
Dogs not
redeemed to be
kiUed.
■Officers failing to
■discharge duty
guilty of mis-
demeanor.
Punishment.
Application of
law.
keeping the same for five days, unless redeemed by the owner or
person having control of the same by paying the fine and cost im-
posed by the justices of the peace, he shall kill the dog.
Sec. 4. That any such sheriff, deputy sheriff, constable or jus-
tice of the peace, who, after his attention has been called to any
such dog running at large, shall fail to have the said dog im-
pounded and a warrant issued for the owner of or person in whose
control said dog may be, shall be guilty of a misdemeanor and
fined not exceeding twenty-five dollars.
Sec. 5. That this act shall apply to Rockingham, Granville and
Catawba counties only.
Sec. 6. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 695.
AN ACT TO REPEAL SECTION 3073, REVISAL OF 1905 OF
NORTH CAROLINA, AND PROVIDE A NEW SECTION
THEREFOR.
Examination and
adjustment of
weights and
measures.
Forfeit for
neglect.
Stamp and certifi-
cate of correct-
ness.
Counties
excepted.
The General Assemhly of Nwth Carolina do enO'Ct:
Section 1. That section three thousand and seventy -three (3073)
of the Revisal of one thousand nine hundred and five of North
Carolina be and the same is hei'eby repealed and the following
enacted in lieu thereof:
"Sec. 3073. Every person, firm or corporation using weights and
measures of any and every kind which shall be used in buying or
selling or bartering, or for hire, or in fixing or determining the
amount of toll or charge or rate for any service shall allow or per-
mit the standard keeper of the county to try, examine and adjust
by the standard, at least once every two years, all the said weights
and measures of any and every kind used as aforesaid, and every
person, firm or corporation who shall neglect to comply with the
requirements of this section shall forfeit and pay fifty dollars, to
he recovered at the suit of the standard keeper, one-half to his
use and the other half to the use of the county wherein the de-
fault occurs. It shall be the duty of the standard keeper, when
practicable, to mark, by stamp or brand, the weights or measures
found or made to agree with the standard, and shall give a certifi-
cate of such examination and adjustment, stating the weights and
measures examined and adjusted. This section shall not apply to
the counties of Beaufort. Bertie, Bladen, Currituck, Gaston, Hali-
fax, Lincoln, Montgomery, Moore, Northampton, Rutherford,
Swain. Warren, Yancey and Ashe, and in these counties the office
1900— CiiAPTEK 695—696. 1097
of standard keeper is abolished. In Wilson County, whenever any ^^d^'^pf^men^^^^
person firm or corporation has had his or its weights and meas- Wilson county.
ures tried by the standard, and sealed or stamped as aforesaid,
such pei-son, firm or corporation shall not be required to have
them tried by the standard again, unless some responsible person
in the county of Wilson shall make oath, and file the same with
the standard keeper of said county, that he has reason to believe
that' said weights or measures are not properly ad.iusted; that Notice of com-
notice shall be given the owner of said weights or measures that
complaint has been made under oath, as aforesaid, and then the
owner of said weights and measures shall have his weights and
measures tried, as herein provided, and for failure shall then be
subject to the penalties mentioned in section three thousand and
sixtv-seven."
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 this the Gth day of March, A. D. 1909.
CHAPTER 696.
\N ^CT TO REPEAL CHAPTER 754, PUBLIC LAWS OF 1907,
AND CHAPTER 114. PUBLIC LAWS, EXTRA SESSION OF
1908.
The General Assembly of North Carolina do enact:
Section 1. That chapter seven hundred and fifty-four, Public Laws repealed.
Laws of North Carolina, session of one thousand nine hundred and
seven, entitled "An act to create the office of tax collector and
to place the Sheriff and Treasurer of Columbus County on a
salary," and chapter one hundred and fourteen, Public Laws of
North Carolina, extra session of one thousand nine hundred and
eight, entitled "An act to amend chapter seven hundred and fifty-
four of the Public Laws of one thousand nine hundred and seven,"
be and the same are hereby repealed: ProvMcd, that the tax Proviso^taxes for
collector of Columbus County shall collect the taxes for the county
of Columbus for the years one thousand nine hundred and nine
and one thousand nine hundred and ten, coming due during his
present term of office, under the provisions of said chapter seven
hundred and fifty-four. Public Laws of one thousand nine hun-
dred and seven, aforesaid, and shall receive a salary of one
thousand five hundred dollars per annum during his term of Salary^of tax
office for all the services performed by him as tax collector,
which shall be paid to him by the treasurer of said county of
Columbus out of the county funds, by order of the board of
1098
1909— Chapter 696—697,
Salary of treas-
urer.
Fees and com-
missions to use of
county.
Commissions of
tax collector to
use of county.
Proviso: fees
during present
term of office.
No tax collector
to be elected.
When act
effective.
commissioners of said county, issued by the clerk of said board,
upon warrant, as required by law, which shall be paid to the
tax collector in equal monthly installments, as he may desire, not
exceeding his salary in any one year.
Sec. 2. That the Treasurer of Columbus County shall receive
a salary of one thousand dollars per annum in full compensation
for his services as treasurer, which shall be paid to him by order
of the board of commissioners out of the county funds.
Sec. 3. That the fees and commissions now provided by law
to be retained by the treasurer of said county for his services
as treasurer shall be paid to the commissioners of Columbus
County and shall go to increase the county fund.
Sec. 4. That for the years of one thousand nine hundred and
nine and one thousand nine hundred and ten the fees and com-
missions now provided by law for sheriffs as tax collectors shall
be paid to the said commissioners of Columbus County and shall
go to increase the county fund : Provided, this section shall apply
to said fees and commissions on taxes becoming due during the
term of oflSce of the present tax collector.
Sec. 5. That no tax collector for Columbus County shall be
elected at the njext general election held for the purpose of elect-
ing the county officers for said county.
Sec. 6. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec 7. This act shall be in force from and after the first Mon-
day in December, one thousand nine hundred and ten, except
section five of this act, which shall be in force from and after
the ratification of this act.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 697.
AN ACT TO AMEND A CHAPTER OF THE PUBLIC LAWS OF
1909, RELATIVE TO WORKING AND REPAIRING THE PUB-
LIC ROADS OF MONTGOMERY COUNTY.
Tlie General Assemhly of North Carolina do enact:
Correction. SECTION 1. That section nineteen of a chapter of the Public
Laws of one thousand nine hundred and nine, entitled "An act to
provide a system of working and keeping in repair the public
roads of Montgomery County," be and the same is hereby amended
by striking out the word "bonds," after the word "township," in
line three, and inserting in lieu thereof the word "funds."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of March, A. D. 1909.
1909— Chapter 698—6^9. 10^^
CHAPTER 698.
AN ACT TO PROTECT BIRDS IN YADKIN COUNTY.
The General AssemWy of North CaroUna do enact:
SECTION 1. That it shall be unlawful for any person or persons s^hippin.or^^^^^^^^^
to ship carry or in any way convey any quail or partridges foi bidden.
he pu pose of barter, to any point outside of Yadkin County.
Sec 2 That any person or persons violating the provisions of Misdemeanor,
this act' shall be guilty of a misdemeanor, and upon conviction Punishment,
thereof shall be fined not less than five dollars and not more
than ten dollars or be imprisoned not less than ten days nor
more than twenty days for each and every offense.
Sec. 3. That this act shall be in force from and after its latifi
cation.
Ratified this the 6th day of March, A. D. 190J.
CHAPTER 699.
AN ACT RELATING TO THE PROTECTION OF DEER IN
SCOTLAND AND RICHMOND COUNTIES.
The General AssemhJij of North Carolina do enact:
Section 1. That it shall be unlawful to hunt, chase, shoot or Open season,
kill any deer in the counties of Scotland and Richmond, save and
except from the fifteenth day of November to the fifteenth day of
''irtln;^r having in his possession any dead deer b. P^esgon . d^d
tween the fifteenth day of December and the fifteenth day ot evidence.
November of the succeeding year shall be prima faeie guilty ot
a violation of section one of this act, and the fact of sucb pos-
session shall be evidence to establish prima facte guilt of such
^TeTs Any person violating section one of this act shall be Misdemeanor,
gunty of t miLmeanor and punished by fine or imprisonment. run.s,.ment.
or both, in the discretion of the court.
Sec. 4. That all laws and clauses of laws m conflict ^Mth this
act are hereby repealed. ■,<•,.=,. ,..,tifi
Sec. 5. That this act shall be in force from and aftei its i.itih-
cation.
Ratified this the Gth day of March, A. D. l.m.
1100
1909— Chapter 700—701.
CHAPTER 700.
AN ACT TO AMEND SECTION 2429, CHAPTER 58 OF THE
RE VI SAL OF 1905 OF NORTH CAROLINA.
Limitation on
pound nets.
TJie General Assembli/ of North Carolina do enact:
Section 1. That section two thousand four hundred and tweuty-
nine of chapter fifty-eight of the Revisal of one thousand nine
hundred and five of North Carolina be and the same is hereby
amended by striking out the word "one-eighth," in line seven of
said section, and inserting in lieu thereof the word "one-fourth."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 701.
AN ACT TO ENCOURAGE STOCK RAISING IN MADISON
COUNTY.
Statement con-
cerning animals
used for propaga-
tion to be filed.
Fee for registra-
tion.
Misdemeanor.
Punishment.
Proviso: breeding
of animals.
License fee.
Fee for issuing
license.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or owner or
agent for or employee of any owner of any stud horse, jack, bull
or stock hog to turn to any mare, jennet, cow or sow for the pur-
pose of raising colts, calves or hogs, for hire or otherwise, without
first filing in the oflice of the Clerk of the Superior Court for Madi-
son County a full statement, showing the kind and character of
stock of said stud horse, jack, bull or stock hog, or without having
fully paid into the ofiice of the said clerk the fee hereinafter pro-
vided for the registration of said stud horse, jack, bull or stock
hog and receiving a license from said clerk, shall be guilty of a
misdemeanor and fined not more than fifty dollars or imprisoned
not more than thirty days : Provided, that said stock mentioned
in this section shall be at least three-fourths pure blood.
Sec. 2. That the said clerk shall collect from any person, before
issuing license, the sum of ten dollars for stud horse or jack, five
dollars for bull and one dollar for stock hog. which said license
tax shall be paid into the general road fund of said Madison
County, to be used for that purpose, and in addition thereto shall
pay twenty-five cents to the clerk of the Superior Court for issu-
ing the license, which license shall be for a term of one year.
1909— Chapter 701—702—703. llOl
Sec. 3. Provided, that this act shall not apply to any person or Proviso: animals
persons who shall keep, use or own their own stud horse, jack, fOT^prlvate use.'
bull or stock hog for the purpose of breeding and raising colts,
calves and hogs from their own mares, jennets, cows or sows.
Sec. 4. That this act shall be in full force from and after its Application of act.
ratification and shall only apply to Madison County.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 702,
AN ACT TO AMEND SECTION 4445 OF THE RE VI SAL OF
1905, SO AS TO PROVIDE FOR THE BETTER SANITATION
OF COURT ROOMS.
Tlie General Assembly of North Carolina do enact:
Section 1. That section four thousand four hundred and forty-
five of the Revisal of one thousand nine hundred and five be
amended by adding at the end thereof the following words: "He Court room to be
shall cause the county court room to be thoroughly fumigated and in'^inttary^con?^'
otherwise put in proper sanitary condition during the week preced- dition.
ing each and every regular and special term of the Superior Court,
and the expense there incurred shall be defrayed out of the gen- Expense.
eral county fund."
Sec. 2. That this act shall be in force fronl and after its ratifi-
cation.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 703.
AN ACT TO AMEND CHAPTER 96, PUBLIC LAWS 1907, RE-
LATING TO THE EXTENSION OF THE TIME TO COM-
MUTE, COMPROMISE AND SETTLE THE PUBLIC DEBT.
The General Assemhly of North Carolina do enact:
Section 1. That chapter ninety-six of the Public Laws of one
thousand nine hundred and seven be and the same is hereby
amended by striking out the word "nine," in line four of section
one thereof, and inserting in lieu thereof the word "ten," and by
striking out all of said section after the word "seven," in line
seven, and inserting in lieu thereof the words "to the first day of Time extended
July, one thousand nine hundred and ten."
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
1102
1909— Chaptek 704—705.
CHAPTER 704.
AN ACT TO AMEND CHAPTER 50, SECTIONS 2081 AND 2089,
OF THE RE VI SAL OF 1905, RELATING TO THE MARRIAGE
CEREMONY.
Law repealed.
Minister author-
ized to perform
ceremony.
Minister to whom
license directed.
Minister to make
return of license.
The General Assembly of North Carolina do enact:
Section 1. That chapter forty-seven, Public Laws of the extra
session of one thousand nine hundred and eight, be and the same
is hereby repealed.
Sec. 2. That section two thousand and eighty-one of the Re-
visal of one thousand nine hundred and five be amended by insert-
ing after the word "denomination" and before the word "or," in
line five, the words "minister authorized by his church."
Sec. 3. That section two thousand and eighty-nine be amended
by inserting the words "minister authorized by his church" after
the word "denomination" and before the word "or," in line three
thereof, and the words "or authorized" after the word "ordained"
and before the word "minister," in line thirty-two thereof.
Sec. 4. That all laws and clauses of 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 the 0th day of March, A. D.'l909.
CHAPTER 705.
AN ACT TO AMEND SECTION 641 OF THE RE VI SAL, IN REF-
ERENCE TO THE TIME OF ADVERTISEMENT OF REAL
ESTATE SOLD UNDER EXECUTION, DEED IN TRUST,
MORTGAGE. ETC.
The General Assembly of North Carolina do enact:
Publication once a Section 1. That section six hundred and forty-one (641) of the
Revisal of one thousand nine hundred and five (1905) be amended
by inserting in line six (6) thereof, between the words "published"
and "for," the words "once a week."
Sec. 2. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 8. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 706—707—708. 1103
CHAPTER 706.
AN ACT TO PROVIDE PROPER SANITARY SURROUNDINGS
FOR THE STATE CHARITABLE AND EDUCATIONAL IN-
STITtJTIONS.
TJie General Assembly of North Carolina do enact:
Section 1. That on the petition of a majority of the legal voters Keeping of swine
-I _o J.1 J • • J. or swine pens
living within a radius of one-quarter of a mile of the administra- unlawful, on
tive building of any State educational or charitable institution, it Petition,
shall be unlawful for any person or persons to keep swine or swine
pens within the said radius of one-quarter of a mile.
Sec. 2. That any person violating this law shall be guilty of a Misdemeanor,
misdemeanor and be subject to fine of not less than ten nor more Punishment.
than fifty dollars.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 707.
AN ACT TO AMEND SECTION 1051 OF THE RE VI SAL OF
1905, RELATIVE TO HOLDING INQUESTS.
The General Assetnbly of North Carolina do enact:
Section 1. That section one thousand and fifty-one of the Re- Inquest at request
visal be and the same is hereby amended by inserting in line five
(5) thereof, after the word "persons" and before the word "to,"
the following : "or at the request of the solicitor."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 708.
AN ACT TO PROTECT MUSKRATS IN CURRITUCK COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful to shoot, trap or spear any Close season,
nuiskrats in Currituck County between the first day of May and
the first day of October in each year.
Sec. 2. That this act shall go into effect from and after its rati-
fication.
Ratified this the 6th day of March, A. D. 1909.
1104
1909 — Chapter 709—710.
CHAPTER 709.
AN ACT TO AMEND SECTION 573 OF THE RE VI SAL OF 1905,
RELATIVE TO THE DOCKETING OF JUDGMENTS.
Entries in cases
affecting title to
property.
The General Assembly of North Carolina do enact:
Section 1. That section five hundi-ecl and seventy-three of the
Revisal of one thousand nine hundred and five be amended by add-
ing to said section the following: "In all cases affecting the title
to real property the clerk shall enter upon the judgment docket
the number and page of the minute dicket where the judgment is
recorded, and if the judgment does not contain particular descrip-
tion of the lands, but refers to a description contained in the
pleadings, the clerk shall enter upon the minute docket, immedi-
ately following the judgment, the description so referred to."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 710.
AN ACT TO PROTECT GAME IN PAMLICO COUNTY.
Close season for
deer.
Close season for
partridge or wild
turkey.
Misdemeanor.
Punishment.
Rights of non-
resident land-
owners.
Proviso: hunting
only on owned
land.
.Application of act
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to hunt or kill any deer in Pamlico County between the fii'st day
of Febmary and the first day of September of each year, or hunt
or kill any partridges or wild turkeys between the first days of
March and November of each year ; and any person violating the
provisions of this act shall be guilty of a misdemeanor, and upon
being found guilty by any court having jurisdiction shall be fined
not less than two nor more than five 'dollars for each and every
offense.
Sec. 2. That any nonresident of the State who owns as much
as two thousand acres of land in said county of Pamlico or stock
in any corporation to the amount of one thousand dollars shall
have all the rights and privileges to hunt that citizens of the said
county of Pamlico have : Provided, that they shall hunt only on
their own lauds.
Sec. 3. That this act shall apply only to Pamlico County.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 711—712. 110-
CHAPTER 711.
AN ACT TO APPOINT A COMMITTEE TO INVESTIGATE
DEBT DUE SHELLFISH COMMISSION.
Whereas the Shellfish Commission holds a claim against the Preamble.
State of North Carolina for the amount of about eight thousand
seven hundred and ninety-seven dollars ; and whereas the General Preamble.
Assembly has not had time or opportunity to inquire into and de-
termine as to the justness of the same : therefore,
The General Assembly of North Carolina do enact:
Section 1. That Y. T. Ormond, J. R. Gordon and R. A. Dough- Committee to pass
upon claim,
ton be and they are hereby constituted a committee to look into
and pass upon said claim, and recommend what portion thereof, if
any, should be paid by the State ; and the Auditor is directed to Payment of sum
di'aw his warrant upon the treasury for the payment of such sum
as said committee may find to be due.
Sec. 2. That said cominittee shall be paid for their services four Payment of
dollars per day for each day they are engaged in said work, and ^°™"'' ^^•
mileage, as allowed members of the General Assembly.
Sec. 3. That this act shall be in force from and after its i-atifi-
cation.
Ratified this the Gth day of March. A. D. lOOD.
CHAPTER 712.
AN ACT TO AMEND CHAPTER 286 OF THE PUBLIC LAWS
OF 1899, RELATIVE TO WORKING THE PUBLIC ROADS
OF WATAUGA COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section twenty-four of chapter two hundred Location of steam
and eighty-six of the Public Laws of one thousand eight hundred
and ninety-nine be amended by striking out the words "one hun-
dred and," in line three.
Sec. 2. That section twenty-eight be amended by adding at the
end thereof: "Provided, the countv commissioners mav in their Proviso: road
,. ,. J 1 i, .. ^ . . , ,' , duty extended,
discretion extend the time for working on new roads to not more
than six days in each year."
Ratified this the 6th day of March, A. D. 1909.
Pub.
1106
1909— Chapter 713—714.
CHAPTER 713.
AN ACT TO FORBID THE SALE OF CERTAIN NARCOTIC
DRUGS TO HABITUES AND TO REPEAL A CLAUSE OF
CHAPTER 77, ACTS OF 1907.
Right to sell
habitues
rescinded.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter seventy-seven of the
Public Laws of one thousand nine hundred and seven be and the
same is hereby amended as follows : Strike out, between the word
"medicine," in line thirty-nine, down to and including the word
"sellers," in line forty-one, to-wit, the words "nor to sales at retail
by retail druggists to habitues personally known as such to the
sellers."
Sec. 2. That section three of said chapter be amended by strik-
ing out all after the word "conviction," in lines three and four,
down to and including the word "months," in line nine, and in-
serting in lieu thereof "shall be fined or imprisoned in the discre-
tion of the court."
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 714.
AN ACT TO INCORPORATE THE ALAMANCE BATTLE
GROUND COMPANY.
Purpose of incor-
poration.
Corporators.
Corporate name.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of preserving and adorning the
grounds on and over which the battle of Alamance was fought, on
the sixteenth day of May, one thousand seven hundred and sev-
enty-one, and the grounds on and over which the battle known as
"Pyle's Hacking Match" was fought, on the twenty-fifth of Feb-
ruary, one thousand seven hundred and eighty-one, and of com-
memorating the virtues of the brave men who struggled there, by
the erection of monuments, tombstones or other memorials, and by
beautifying the grounds, the following persons, to-wit. Dr. W. A.
Coble, Erwin A. Holt, Ma.i. John W. Graham, Gen. Julian S. Carr,
Col. Robert L. Holt, Dr. George W. Long, W. L. Spoon, Dr. W. T.
Whitsett, Dr. E. L. Moffitt, Col. Joseph M. Morehead, R. D. W.
Connor, Col. J. Bryan Grimes, Capt. J. A. Turrentiue, P. B. Shaw
and M. C. S. Noble, be and are hereby declared to be a private
corporation, until their successors are elected, by the name of the
"Alamance Battle Ground Company."
1909— Chapter 714. 1107
Sec. 2. Said company shall have power to contract and sue and Corporate powers.
be sued, by its corporate name ; may have a common seal and
exercise all the ordinary and general powers of a private corpora-
tion of this kind. It shall have power to acquire, by gift, grant or Power to acquire
purchase, the title of all lands on or over which the said battle of '^"^^s-
Alamance was fought, and of all lands on or over which the said
battle of "Pyle's Hacking Match" was fought, or any part thereof,
or adjacent thereto, not exceeding one hundred acres, or rights of Rights of waj' and
way or other easements of land or water necessary or convenient ^^^^™^"^^-.
for the proper enjoyment of said land. It may erect houses Further enumera-
t hereon, for use or ornament ; erect monuments, tombstones or ^^^^ °^ powers,
other memorials ; may adorn the grounds and walks, supply the
grounds with water, plant trees, flowers and shrubs thereon, and
do any other like things for the improvement and beautifying of
the property. It may allow the United States or any State or cor- Monuments.
poration or individual to erect any monument, tombstone or other
memorial or any ornament or useful improvement thereon, or to
lay out a public highway to or through said grounds, to carry out
the purposes of this act, on such terms as maj- be agreed upon by
the parties. It may receive gifts or aid from the United States, Gifts from United
any State, corporation or individual, or agree with them to make or'^in^lividuaL*^^'^^
any improvement thereon. Any city, town or other municipal cor- Donations to com-
poration may make donations to said company for such purposes p^"^ authorized,
as hereinbefore specified. Said company may make all necessary By-laws, rules and
by-laws, rules and regulations, not inconsistent with the Consti- regulations,
tution and laws of this State, for the proper care, protection and
regulation of the property of said company and the monuments,
tombstones, memorials, houses and other property and ornaments
and adornments thereon, or for the protection of the trees, flowers,
shrubbery, wallcs, lawns, springs, wells or other like property
thereon.
Sec. 8. It shall be a misdemeanor, punishable by fine or impris- injury to or tres-
onment, if any person or corporation shall willfully destroy, de- of company'^a'^^^
molish, deface or misuse any monument, tombstone or other memo- misdemeanor.
rial, or any fence, enclosure, tree, shrub, flower, spring, well or
any ornament or adornment placed upon the grounds or any tree
growing thereon, or shall willfully deface, destroy or demolish any
house, pavilion or like fixtures thereon, or shall willfully trespass
on tlie grounds after being notified not to do so by any oflicial or
employee of said company, or shall willfully obstruct the ways
and walks of the company leading to or over the grounds.
Sec. 4. That the principal office of said company shall be in Bur- Principal office,
lington. North Carolina.
Sec. .5. That for carrying out the purposes and objects of this Appropriation,
act the sum of one hundred dollars for the year one thousand nine
hundred and nine and the sum of one hundred dollars for the year
one thousand nine hundred and ten be appropriated out of funds
1108
1909— Chapter 714—715—716.
in the bauds x)t the State Treasurer not otherwise appropriated,
and upon the order of said company or its proper officials the State
Auditor is hereby empowered and directed to draw his warrant
for this sum upon the State Treasurer.
Sec. G. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 715.
AN ACT TO REGULATE THE HUNTING OF QUAIL, PAR-
TRIDGES, WILD TURKEYS AND OTHER GAME BIRDS IN
ALAMANCE COUNTY.
Close season.
Misdemeanor.
Punishment.
Bird dogs not to
run at large.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful to hunt with gun or dogs,
net, trap or otherwise catch or kill any quail, partridges, wild
turkeys or other game birds in the county of Alamance between
the first day of February and the fifteenth day of November in
any year.
Sec. 2. That any person or persons violating the provisions of
this act shall be guilty of a misdemeanor and fined or imprisoned,
or both, in the discretion of the court, or to allow any bird dog
to run at large during the months of May, June, July and August
in each and every year.
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 ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 716.
AN ACT TO AMEND SECTION 1409 OF THE REVISAL OF 1905.
Election of
justices.
The General Assemhly of North Carolina do enact:
Section 1. That section one thousand four hundred and nine
of the Revisal of one thousand nine hundred and five be amended
by striking out the word "Harnett," in line four.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March, A. D. 1909.
1909— Chapter 717—718. 1109
CHAPTER 717.
AN ACT TO PROTECT GAME IN BERTIE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. No person shall huut, kill, shoot or chase with dogs Close season for
any deer between the first day of January and the first day of ^^''•
September in each j'ear.
Sec. 2. No person shall hunt, kill or shoot any quail, squirrels Close seaspn for
or wild turkeys between the first day of March and the first day and wil^urkeys.
of November in each year.
Sec. 3. No person shall at any time destroy the nests or take Destroying nests
,, „ -ij J. 1 ) •]> 4. and taking eggs
the eggs from any wild turkeys or quail s nests. unlawful.
Sec. 4. Any person violating any of the provisions of this act Misdemeanor,
shall be guilty of a misdemeanor, and upon conviction shall be Punishment,
fined, for a violation of section one, twenty-five dollars ; for a
violation of section two,, ten dollars, and for a violation of section
three, five dollars, for each offense: Provided, this act shall only
apply to Bertie County.
Sec. 5. All laws in conflict with this act be and the same are
hereby repealed, so far as they relate to Bertie County.
Sec. 6. This act shall be in force from and after March the Wiien act
fiffcctivc
first, one thousand nine hundred and nine.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 718.
AN ACT TO AMEND CHAPTER .543, PUBLIC LAWS 1905.
RELATING TO THE SETTLEMENT OF CERTAIN WESTERN
NORTH CAROLINA RAILROAD CONSTRUCTION BONDS.
The General Assembly of North, Carolina do enact:
Section 1. That chapter five hundred and forty-three of the
Public Laws of one thousand nine hundred and five be amended
by adding at the end of section one the following: "And the State state treasurer
Treasurer is further authorized to pay to any other holder and tettle^vdth o°her
owner of the bonds of the issue upon which the South Dakota holders,
judgment was rendei-ed the same price per bond as he is herein
authorized to pay to Schaffer Brothers, to-wit, twenty-five per
cent of said bonds, with interest on said twenty-five per cent."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 6th day of March, A. D. 1909.
1110
1909— Chapter 719—720.
CHAPTER 719.
AN ACT TO PROHIBIT NETTING AND TRAPPING QUAIL IN
CHATHAM COUNTY.
Netting and
trapping unlaw-
ful.
Misdemeanor.
Punishment.
TJie General AssemMy of North Carolina do enact:
Section 1. That it shall be unlawful for any person to net or
trap quail in Chatham County.
Sec. 2. 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.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March. A. D. 1909.
CHAPTER 720.
AN ACT TO PROVIDE SEPARATE SCHOOLS FOR THE
INDIAN RACE IN SCOTLAND COUNTY.
Schools exclu-
sively for white
children.
Schools exclu-
sively for negroes
Schools for chil-
dren of Indian
race other than
Croatans.
Race discrimina-
tion forbidden.
Proviso: schools
for children of
Croatan Indian
blood.
Proviso: exclusion
of Indian children
from white
schools.
Schools for
ciiildren of mixed
races.
The General Assembly of North Carolina do enact:
Section 1. That the children of the white race in Scotland
County shall be taught in public schools provided for them ex-
clusively; and no child of negro blood, however remote the strain,
or of Indian blood to the eighth degree, inclusive, shall attend a
public school provided for the white race in said county ; and all
children of the negro race shall be taught in the public schools
of said county provided for the negro race exclusively ; and all
children of Indian blood, other than Croatan Indians, to the eighth
degree, inclusive, shall be taught in the public schools of Scotland
County provided for the Indian race, other than Croatan Indians,
exclusively ; and no child of negro blood, however remote the
strain, shall attend the public schools provided for the Indian race
in said county; but there shall be no discrimination in favor of or
to the prejudice of either race : Provided, that the children of the
Croatan Indian blood shall attend public schools provided for
them exclusively, no discrimination being made either in their
favor or to their prejudice: Provided further, that the Board of
Education of Scotland County shall not exclude children of Indian
blood, other than Croatan Indians, from attending any public
school provided for the white race, except upon petition of a ma-
jority of the patrons of said school.
Sec. 2. That it shall be lawful for and the duty of the Board
of Education of Scotland County, when it shall appear to them
that there ai*e any children in said county who by reason of
1909 — Ghaptek 720 — 721 — 722.
ini
their blood are not entitled by this act to attend either the public
'schools of said county provided for the white -ce or he l^bhc
schools of said county provided for the negro race, to establish and
provide a school or schools for the same Education of Finding of facts
Sfo 3 That the finding of facts by the Board of Education oi ^^ ^^^^^ ^^
Scotland County touching the right of any child in said county to education,
attend such school shall be prima facie ^^^/^^ct; p^,.^, ,, borrow
^EC 4 That the Board of Education of Scotland County be ana ^^^^^
they are' hereby authorized and empowered to borrow such moneys
as may be necessary to build and construct such -w schoolhouses
as they may deem necessary to carry out any and all of the pro-
visions of this act. +^ cr.n+lnnrl rmmtv Application of act.
Sec 5 That this act shall apply only to Scotland County.
Sec'. 6. That this act shall be in force from and after the day
of its ratification.
Ratified this the 6th day of March, A. D. 1909.
CHAPTER 721.
AX \CT TO AMEND SECTION 2. CHAPTER 732 OF THE
PrBLIC LAWS OF 1907. RELATIVE TO THE SALARY OF
THE ASSISTANT LIBRARIAN OF THE SUPREME COURT.
The General Assemblv of yortli Carolina do enact:
Section 1. That section two of chapter seven hundred and Salary.
thirtv-two of the Public Laws of one thousand nine hundred and
seven be amended by striking out the words "fifteen dollars per
month " in the last line, and inserting in lieu thereof the words
"twentv dollars per month," so that the compensation of the actmg
Assistant Librarian of the Supreme Court shall be thirty dollars
per month. .^ ,.„
Sec. 2. That this act shall be in force from and after its ratifica-
Ratified this the Gth day of March, A. D. 1909.
CHAPTER 722.
AN ACT TO PROVIDE FOR THE REGISTRATION OF DEATHS
IN MUNICIPALITIES OF ONE THOUSAND POPULATION
AND OVER IN THE STATE OF NORTH CAROLINA.
The General Assemhly of Xorth Cnrolhx, ,h> <;iact:
Section 1. That all deaths that occur in cities or towns having Dea^th.^ to be
a population of one thousand or over by the last preceding federa
census shall be registered by the clerks or other officials designated
1112
1909— Chaptek 722.
Local registrars.
Proviso: liealth
officer continued
as local registrar.
Certificate of
death filed with
local registrar.
Permit issued by
local registrar.
Cause of death to
be given.
Proviso: local
registrar to sign
certificate only
when there is no
attending phy-
sician or health
officer.
No interment to
be allowed with-
out permit.
Transportation of
body without
permit forbidden.
Record of certifi-
cate.
Originals to state
registrar.
Bureau of vital
statistics.
Copies prima
facie evidence.
Duty of state
registrar.
Solicitors and
attorney-general
to aid in enforce-
ment of act.
Fees to local
registrars.
by the board of aldermen or town commissioners tliereof, who are
hereby constituted local registrars of deaths, within three days
after the occurrence of said deaths and before the bodies are
removed, interred or otherwise disposed of: Provided, that in
cities or towns now having satisfactory registration of deaths
under their ordinances the health officer or other official now
acting as local registrar shall continue as such, but shall conform
to the provisions of this act and to the regulations of the State
Board of Health adopted thereunder.
Sec. 2. That a certificate of death, of standard form, provided
by the State Board of Health, shall be filed with the local registrar
by the undertaker or other person in charge of the removal, inter-
ment or other disposal of the body of the deceased person, and
a permit shall be issued by said local registrar for such removal,
interment or other disposal of the body only after such certificate
of the cause of death, signed by the attending physician, or, in
case there shall be no attending physician, by the health officer,
or, in case there is no health officer of the city or town, by the
local registrar, who shall give the medical cause of death, as
nearly as he can determine it, after full inquiry, in regard thereto,
of the householder in whose family the death occurred : Provided,
that under no circumstances shall the local registrar sign the death
certificate when there has been an attending physician or there is
a municipal health officer. No sexton or superintendent of a
cemetery in cities and towns having a population of one thousand
or over shall permit interment, and no railway company or other
common carrier shall transport a body of a deceased person whose
death occurred in this State unless accompanied by the local
registrar's permit.
Sec. 3. That the local registrar shall number each certificate
as received, record it in a local register of deaths, and promptly
by the fifth day of the following calendar month send all of the
original certificates to the secretary of the State Board of Health,
at Raleigh, who is hereby constituted State Registrar of Vital
Statistics. The said registrar, with the approval of the State
Board of Health, shall maintain in his office a bureau of vital
statistics, preserve, index and compile the original returns, and
make copies thereof for legal or other purposes, as may be neces-
sary, which copies, when officially certificated, shall be prima facie
evidence of the facts therein set forth, in all the courts of the
State, for all purposes of this act. The State registrar shall pre-
pare and distribute all blanks and instructions necessary for the
execution of this act, and shall see that the provisions of this
act are faithfully enforced; and the solicitors of the several dis-
tricts and the Attorney-General shall aid him, upon his request, and
enforce the penalty of the law, in case of its violation. Each of the
said local registrars shall be entitled to a fee of twenty-five cents
for his service, under this section, to be paid by the city or town.
1909— Chapter 722—723. ' 1113
Sec. 4. That auy undertaker, sextou or superiuteudent of a cem- Violation of act
, i^x ii- ii-i 4-1 3.iid neglect of
etery, agent of a transportation company, local registrar or other duty misde-
person who violates the provisions of this act, and any attending mt'anors.
physician who fails or neglects to certify to the cause of death
when the certificate is presented to him for the purpose, and every
local registrar who shall neglect to perform any of the duties
required of him by section three of this act shall be guilty of a Punishnaent.
misdemeanor, and upon conviction thereof shall be liable to a
flue of not less than five nor more than fifty dollars or imprison-
ment for not less than ten nor more than thirty days, and shall Penalty,
also be liable to a penalty of twenty-five dollars in favor of any
person who shall sue for the same.
Sec. 5. The maj'or of each city or town of one thousand or Mayors respon-
more inhabitants shall be responsible for the enforcement of this ^^^t of act.°^^^'
act in his jurisdiction. Failure on his part to so enforce its Failure a misde-
provisions shall be a misdemeanor, and he shall be liable to a punishment,
fine of not less than ten nor more than fifty dollars ; and it shall Solicitor to
' DrOSGCU tc
be the duty of the solicitor, of the judicial district in which the
city or town is situate, upon complaint of the State registrar or
of the secretary of the State Board of Health, to institute a
criminal action for the enforcement of said fine.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 6th day of March. A. D. 1900.
CHAPTER 723.
AN ACT TO PROTECT GAME IN WAKE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall he unlawful to hunt in Wake County Close season,
with gun or with dog, or in any other manner, between the first
day of March and the first day of November of each and every
year ; and that any person violating this section of this act shall Misdemeanor,
be guilty of a misdemeanor, and upon conviction shall be punished Punishment.
by a fine of not less than five dollars and not more than ten dol-
lars or imprisoned not more than thirty days.
Sec. 2. That any person found in possession, between the dates Possession of dead
mentioned in section one hereof, of any dead game shall be pre- fvidence™^ ^^^^^
sumed prima facie to have killed the same in violation ot this act.
Sec. .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March. A. D. 1!X>9.
1114
1909— Chapter 721—725.
CHAPTER 724.
AN ACT TO PROTECT GAME IN CATAWBA COUNTY.
The General Asseml)hj of lS;orth Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt any
game upon the lands of another without written permission of the
landowner or his agent in charge of the land, and if any person
shall go upon the lands of another with a gun it shall be prima
facie evidence that such person is hunting, within the meaning of
this section.
Sec. 2. That any person violating this act shall be guilty of a
misdemeanoi", and upon conviction shall be fined not less than five
dollars and not uiore than fifty dollars or Imprisoned not more
than thirty days.
Application of act. Sec. 3. That this act shall apply only to the county of Catawba.
Sec. 4. That all laws inconsistent with this act are hereby re-
pealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
Hunting without
permission of
landowner unlaW'
ful.
Prima facie
evidence.
Misdemeanor,
Punishment.
CHAPTER 725.
AN ACT TO REQUIRE THE COMMISSIONERS OF HARNETT
COUNTY TO ELECT A STANDARD KEEPER FOR HAR-
NETt COUNTY.
Purchase of
standards ordered,
Election of
standard keeper
ordered.
Fees of standard
keeper.
Failure of com-
missioners to
comply a mis-
demeanor.
Punishment.
The General Assembly of North Carolina do enact:
Section 1. That the commissioners of Harnett County shall pur-
chase standard weights and measures for the county.
Sec. 2. That the commissioners shall elect a standard keeper
for the county of Harnett.
Sec 3. That the said standard keeper shall be entitled to the
lawful fees for ad.iusting weights and measures.
Sec. 4. That if the commissioners fail to comply with the pre-
ceding section of this act or with section three thousand and sev-
enty-two of the Revisal of one thousand nine hundred and five of
North Carolina within ninety days after its ratification they shall
be guilty of a misdemeanor, and on conviction be fined or sen-
tenced to the public roads for a term of thirty days, or both, at
the discretion of the court.
Sec 5. That this act shall be in' force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 726—727—728.
1115
CHAPTER 726.
AN ACT FOR THE PROTECTION OF QUAIL AND PAR-
TRIDGES IN SAMPSON COUNTY.
The General Assetnhlij of Xorth Carolina do enact:
Section 1. That the close season or time in each year during Close season.
which quail and pai-tridges shall not be shot, killed, wounded or
in any manner hunted, taken or captured, as to Sampson County,
shall be from the first day of March to the first day of December,
except to Taylor's Bridge Township, in which the close season close season in
shall be from the first day of March to the first day of November, ^own^hfp^"^^^
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 727.
AN ACT TO APPOINT A JUSTICE OF THE PEACE IN
IREDELL COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That W. H. Newton, of Davidson Township, Iredell Appointment.
bounty, is hereby appointed a justice of the peace for said county Term of office.
tor a term of six years.
Sec. 2. That this act shall be in force from and after its ratifi-
Ication.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 728.
IN ACT TO AMEND SECTION 1884 OF THE REVISAL OF 190.",
SO AS TO MAKE THE CLOSE SEASON IN GRANVILLE
COUNTY BEGIN ON THE FIRST DAY OF FEBRUARY IN-
STEAD OF THE FIRST DAY OF MARCH.
?he General Assemhly of North Carolina do enact:
Section 1. That section one thousand eight hundred and eighty- Law extended.
[four of the Revisal of one thousand nine hundred and five be and
Ithe same is hereby amended by inserting in line thirty of said
[section, before the word "Nash," the word "Granville."
Sec. 2. That this act shall be in force from and after its ratifi-
[ cation.
Ratified this the 8th day of March, A. D. 1909.
1116
1909— CiiAPTEE 729—730.
CHAPTER 729.
AN ACT TO INCREASE THE NUMBER OF COMMISSIONERS
FOR GREENE COUNTY.
Law extended.
New commis-
sioners appointed,
Term of office.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand three hundred and eleven
of the Revisal of one thousand nine hundred and five of North
Carolina be amended by inserting between the words "Granville"
and "Guilford," in lines twelve and thirteen, the word "Greene."
Sec. 2. That C. C. Sugg and C. L. Hardy be and they are hereby
appointed commissioners for said county of Greene until the next
general election and until their successors are elected and quali-
fied.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 730.
AN ACT TO AMEND CHAPTER 21 OF THE REVISAL OF
1905, RELATING TO THE DISSOLUTION OF CORPORA-
TIONS.
Stockliolders per-
sonally liable for
cost of dissolution.
Attorney-general
to enforce section,
Procedure if non-
resident stock-
holder refuse to
sign certificate of
dissolution.
The General Assembly o/ North Carolina do enact:
Section 1. That chapter twenty-one of the Revisal of one thou-
sand nine hundred and five be amended by adding after section
one thousand one hundred and ninety-five the following :
"1195a. The stockholders of any corporation chartered under
the laws of this State, whether created by special act or under the
provisions of the general law, shall be personally and individually
liable and responsible for all taxes, costs and fees for the dissolu-
tion of such corporation, and the Attorney-General shall be author-
ized to enforce the provisions of this section by suit before a
justice of the peace or in the Superior Court in the county where
such corporation had its principal place of business, whenever it
shall appear upon report from the Secretary of State that such
corporation has ceased to transact business and fails or refuses
to pay the taxes due the State or to file annual statements or to
dissolve itself as is provided by law. If any nonresident stock-
holder of such corporation shall refuse to sign such certificate of
dissolution the resident stockholders shall make affidavit to that
effect, and the written assent of such resident stockholders, ac-
companied by such affidavit, shall be sufficient to dissolve the cor-
1909— Chapter 730—731. 1117
poration : Provided, that if no stockholder of such corporation be Proviso: charter
found within the State the Secretary of State shall have author- ffiitld^^*^^^^*^^
ity to declare the charter of such corporation forfeited, and shall
publish annually in his corporation report a list of the corporations
whose charters have been so forfeited."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 731.
AN ACT TO APPOINT P. H. WALKER A JUSTICE OF THE
PEACE IN HENDERSONVILLE TOWNSHIP AND J. O. BELL
AND M. L. OWENS JUSTICES OF THE PEACE IN AND FOR
GREEN RIVER TOWNSHIP, HENDERSON COUNTY, AND
TO AUTHORIZE THEM TO APPOINT SPECIAL CONSTA-
BLES, WITH POLICE POWERS.
The General Asseinhly of North Carolina do enact:
Section 1. That P. H. Walker is hereby appointed a justice of P. H. Walker.
the peace for Hendersonville Township, in Henderson County, for Term.
a term of six years.
Sec. 2. That said P. H. Walker is hereby authorized and em- Appointment of
powered to appoint for a tei-m of two years a constable, who shall •z°e'd.^^^^^ author-
have, when so appointed, all the power and authority in said town- Power and
ship and county given by law to other constables in their several authority.
townships, and he shall make a like bond for the faithful perform- Bond.
ance of his duty.
Sec. 3. That said constable, when so appointed, shall have within Police powers.
the limits of one-half mile in all directions from the Southern
Railway depot, in the village of East Flat Rock, the powers and
authority given under the law, as published in the Revisal of one
thousand nine hundred and five, to marshals and policemen of
cities and towns in the State.
Sec. 4. That said P. H. Walker shall qualify within thirty days walker to (|ualify
after the ratification of this act, and he shall Immediately after g"a'{,i'^'^''""'' '^°"'
his qualification appoint said constable and make report to the Report of
clerk of the Superior Court of said appointment.
Sec. 5. That J. O. Bell and M. L. Owens are hereby appointed j. a. Bell and
justices of the peace in and for Green River Township, Henderson appoinVed*']ustices.
County, for a term of six years. Terms.
Sec. 6. That said J. O. Bell and M. L. Owens are hereby author- Appointment of
,, ,. • j_ !• ± n J. i. constable author-
ized and empowered to nppoint for a term of two years a consta- j2ed.
ble. who shall have, when so appointed, all the power and author-
1118
1909— Chapter 731—732.
Power and
authority.
Bond.
Police powers.
Justices
appointed to
qualify and
appoint constable.
Report of
appointment.
jty in said township and county given by law to other constables
in their several townships in said county, and he shall give a like
bond for the faithful performance of his duty.
Sec. 7. That said constable, when so appointed, shall have within
the limits (>f one-half mile in all directions from the cotton mill in
the village of L.Tkewood, in said township and county, the powers
and authority given inxter the law, as published in the Revisal of
one thousand nine hundred and five, to marshals and policemen of
cities and towns in the State.
Sec. S. That said J. O. Bell c^nd M. L. Owens shall qualify
within thirty days after the ratification of this act, and they shall
immediately after their qualification appoint said constable and
make report of said appointment to the Clerk of the Superior
Court of Henderson County.
Sec. 9. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 732.
AN ACT TO VALIDATE CERTAIN PROBATES OF CERTAIN
ACTING JUSTICES OF THE PEACE IN NORTHAMPTON
COUNTYr
Preamble.
Examinations,
acknowledgments
and probates
validated.
Whereas certain acting justices of the peace in Northampton
County who had been duly elected or appointed as justices of the
peace in and for said county, while acting as such justices of tHe
peace after their terms of office had expired, or where they had
failed to qualify as such justices of the peace within the time pre-
scribed by law, did take the acknowledgment and probate of cei"-
taiu deeds, deeds of trust, mortgages and other instruments exe-
cuted by various persons during the years one thousand nine hun-
dred and four, one thousand nine hundred and five, one thousand
nine hundred and six. one thovisand nine hundred and seven and
one thousand nine hundred and eight : therefore,
The General Assembly of North Carolina do enact:
Section 1. That all such acknowledgments, examinations and
probates be and the same are hereby validated, confirmed and
made legal, binding and regular.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 733—734. 1119
CHAPTER 733.
AN ACT TO PROVIDE FOR A PROPER EXAMINATION AND
CHECKING-UP OF STATE DEPARTMENTS AND INSTITU-
TIONS.
The General Assembly of North Carolina do enact:
Section 1. Amend section four thousand eight hundred and Governor to
forty-four (4844) of the Revisal of one thousand nine hundred ants.
and five of North Carolina by adding at the end thereof : "The
Governor, whenever he deems necessary, shall employ one or more
competent men or expert accountants, who shall examine and
check up the books and accounts of all State departments and
in.stitutions who handle money for or receive money from the
State for their support or otherwise. It shall be the duty of said Examination and
person or persons so employed not only to thoroughly examine and accounts.
check up said books and accounts, but to make such examinations Examination as to
as may be proper in regard to the books and accounts to be kept ™^'b^ooks^a^d^'
and the manner of keeping them, and to make and report to the accounts.
Governor the result of their work. This report the Governor shall governor.
examine and take such action thereon as he shall deem best for exam^ne^report
the good of the State, the departments or institutions. The report and take action.
Report m dupli-
shall be furnished m duplicate, and the Governor shall furnish a cate.
copy to the auditing committee appointed by each General Assem- committee! '^'"^
bly. The Governor may require of each State institution a monthly Governor may
or quarterly report of their work and transactions, on a form or muineriy'*repor^s°'^
blank approved by him." of institutions.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 734.
AN ACT TO niPROVE THE HIGHWAYS OF ROWAN COUNTY.
I'he General Assembly of Worth Carolina do enact:
Section 1. That the provisions of chapter five hundred and Law extended to
ninety-six. Public Laws of one thousand nine hundred and one, -^"^^'^'^ *^°""'^-
shall apply to Rowan County, the word "Rowan" l)eing substituted
wliere the word "Guilford" appears, and the word "Salisbury"
where the word "Greensboro" occurs : Provided, that for the word Proviso,
"two," in lines seventeen and nineteen, the word "one" shall be
substituted.
1120
1909— Chapter 734 — 785.
Widtli of high-
ways.
Sec. 2. That section eleven of said cliapter five hundred and
ninety-six be amended so as to read, "but the width of said high-
ways may be determined by the board of county commissioners
and highway commission."
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 this the 8th day of March, A. D. 1909.
CHAPTER 735.
AN ACT TO CREATE A RECORDERS COURT FOR THE
TOWN OF BELHAVEN AND PANTEGO TOWNSHIP AND
DEFINE THE JURISDICTION AND TERRITORY THEREOF.
Court established
Official designa-
tion.
Territory.
Court of record.
Recorder.
Term of office.
Election of suc-
cessor.
Election of first
recorder.
Recorder to
qualify.
Compensation of
recorder.
The General Assembly of North Carolina do enact:
Section 1. That a recorder's court is hereby established and
created, to be known as the "Recorder's Court for the District
of Belhaven," which shall comprise all of Pantego Township, in
Beaufort County.
Sec. 2. That the said court shall be a court of record and shall,
be presided over by an elector of Beaufort County residing in
Pantego Township, who shall be a man of good moral character
and who shall be known as the Recorder of the Belhaven Dis-
trict.
Sec. 3. That the recorder hereinafter provided for in this act
shall hold office until the next general election, when his successor
shall be elected by the qualified voters of Pantego Township in
the same manner and at the same time county and township
otficers are elected.
Sec. 4. That at the first meeting of the Board of County Com-
missioners of Beaufort County following the ratification of this
act it shall be the duty of said board to elect a recorder, who
shall possess the qualifications required by section two of this
act, and the said recorder shall at once take and subscribe before
the clerk of the Superior Court of said county the same oath
as is required of the judges of the Superior Court, and shall forth-
with be inducted into office, and shall thereafter perform the
duties herein prescribed.
Sec. 5. The said recorder shall receive as full compensation for
his services the same fees and in the same manner as is now al-
lowed to justices of the peace, except for trial and judgment the
fee shall be two dollars for each trial and judgment, and where
there is more than one defendant one dollar for each additional
defendant.
1909— Chapter 735. ^ 1121
Sec. 6. The said recorder shall hold daily sessions, legal holidays Sessions of court.
and Sundays excepted, in the town of Belhaven, in some building
to be provided by the Board of Town Commissioners of Bel-
haven.
Sec. 7. The jurisdiction of said court shall be as follows : Jurisdiction.
(a) Said court to have concurrent jurisdiction with the courts Concurrent with
iustiCGs of the
of justices of the peace in all original offenses committed within peace.
Pantego Township.
(6) The said court shall have exclusive original jurisdiction to Exclusive original
hear and determine all other criminal offenses committed within
said township below the grade of felouv. as is now defined by Petty misde-
„ , meanors.
law, and all such offenses committed within said township are Proviso: jurisdic-
hereby declared to be petty misdemeanors : Provided, that in all coTrt°wh"erfprose-
criminal offenses where said court has been given jurisdiction by cution not had.
this act, and no prosecution has been commenced within six months
from the commission thereof, the Superior Court of Beaufort
County may proceed to try the same, as though this court did not
exist.
(c) The said court shall have all the jurisdiction, power and Jurisdiction,
authority as is conferred on justices of the peace by the Con- authori'ty^of
stitution and existing laws of North Carolina, and shall have Justices of the
peace.
power and authority to sentence any person convicted in the Power to sentence
said court, for which the punishment is imprisonment, to be con- ^° ^°^^ ^°^^'
fined in the common jail of Beaufort County, to be worked on the
public roads of said county ; and any person convicted and punished
by a fine may be required to work on said road for the nonpay-
ment of same, at fair and reasonable wages, to be fixed by the
board of county commissioners, until the same is paid in full, to-
gether with the costs, and then to be discharged : Provided further, Proviso: bond on
that in all cases where an appeal is taken to the Superior Court ^PP®*^^-
it shall be the duty of the said recorder to require a reasonable
bond, and send the same, together with all the papers, to the next
term of the Superior Court to be held for the trial of criminal •
cases in said county, where the trial in all such cases shall be Trial on appeal.
de novo, said appeal to be perfected as from a court of a justice
of the peace.
Sec. 8. The said court shall have a seal, with the impression Seal of court.
"The Recorder's Court for the District of Belhaven," which seal
shall be used in the attestation of all writs, warrants, summons
or other proceedings, acts, processes, judgments or decrees of said
court, in the same manner and to the same effect as the seals of
the other courts of North Carolina.
Sec 9. That the said recorder shall provide and keep a per- Docket and
manent docket and record of all papers, proceedings and processes, records,
which is to be open to public inspection at all times.
Sec 10. The said recorder shall at least one time in each month Monthly reports,
prepare and transmit a true record of all his official acts to the
Pub.— 71
1122
1009 — CiTAPTEK 735 — 736.
Payment of fines.
Jury trials.
Vacancy.
Clerk of the Superior Court of Beaufort County, and all flues Iuit
posed aud collected shall be paid In to the treasury of said county
on or before the second Tuesday in each month.
Sec. 11. That in all trials for criminal offenses, upon a demand
for a jury by the defendant, the said recorder shall draw the same,
as is now provided in actions before a justice of the peace, and
with the same rights and challenges as now exist.
Sec. 12. That in case of a vacancy in the said recorder's office,
for any cause, it shall be the duty of the Board of County Com-
missioners of Beaufort County to appoint a recorder for the
balance of the unexpired term.
Sec. 13. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Ratification of act Sec 14. That this act shall be in full force and etf ect from and
after its ratification by a majority of the qualified votes cast at
an election to be held in said Pantego Township on the eleventh
day of May, one thousand nine hundred and nine ; and it shall be
the duty of the Board of County Commissioners of Beaufort
County, at their regular meeting in April, one thousand nine hun-
dred and nine, to call an election for said purpose, and if a ma-
jority of the votes cast shall read "For Recorder's Court," then
it shall be the duty of said board, at their regular meeting in
June, one thousand nine hundred and nine, to elect a recorder as
above set out in this act; but if a majority of votes cast shall
read "Against Recorder's Court," then the court shall not be
established, as is provided for in this act; said election to be
conducted and held under same rules governing elections for mem-
bers of the General Assembly.
Ratified this the Sth day of March, A. D. 1909.
to be voted on.
Date of election.
Law governing
election.
CHAPTER 736.
AN ACT FOR THE PROTECTION OF DOGS IN CATA"WBA
COUNTY.
The General Asseniblij of North Carolina do enact:
Killing or stealing SECTION 1. That if any person shall unlawfully and willfully
mfsdemeanor^ kill, take, carry away or conceal from the owner any dog which
has been duly listed for taxation at a valuation not less than
twenty-five dollars ($25), he shall be guilty of a misdemeanor.
Sec. 2. If any person shall unlawfully detain, conceal or hide
away from the owner any dog, he shall be guilty of a misde-
meanor.
Sec. 3. That it shall be unlawful for any person to keep upon
his premises any stray dog belonging to any person without first
posting a notice at the courthouse door and four (4) other public
Unlawful deten-
tion of dog a
misdemeanor.
Stray dogs to be
advertised.
1900— Chapter 736—737. 1123
places in the county, said notice to give a full description of said
dog; and if the owner of said dog shall identify same, then said Owner entitled to
owner shall, upon payment of five (5) cents per day for the feed me^nt^for keep and
for the number of days kept after publishing notice, and fifty (50) ^otic'r^'^'^ °^
cents for publishing said notice, be entitled to the possession of said
dog.
Sec. 4. Any person convicted under this chapter shall be fined Punishment.
not more than fifty dollars ($50) or imprisoned not exceeding
thirty (30) days.
Sec. 5. That this act shall apply only to Catawba County. Application of act.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 737.
AX ACT TO AMEND SECTION 1 OF CHAPTER 829 OF THE
PUBLIC LAWS OF NORTH CAROLINA, 1905. REGULATING
CERTAIN OFFICIAL FEES AND SALARIES IN MECKLEN-
BURG COUNTY.
The General Assemhiy of North Carolina do enact:
Section 1. That section one of chapter eight hundred and Salary of chair-
twenty-nine of the Public Laws of North Carolina of one thou- ^^^^^l/^"'"'"'*"
sand nine hundred and five be amended by striking out the word
"nine," in line four of said section, and inserting in lieu thereof
the word "twelve."
Sec. 2. That section one of said chapter be further amended by Commis-sioners
adding at the end of said section the following : "The county com- chairman'^
luissioners of Mecklenburg County, other than the chairman, shall
receive for their services and expenses in attending the meetings
of the board not exceeding three dollars per day, as a majority
of the board may fix upon, and they may be allowed mileage to
and from their respective places of meeting, iiot to exceed five cents
per mile."
Sec. 3. That the provisions of this act sliall not be in force when act
and effect until the first Monday in December, one thousand nine ^*^^'^'^'^'^-
hundred and ten, and shall be in force and effect after said
date.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Ratified this the Sth day of March, A. D. 1909.
1124
1909— Chapter 738—739—740.
Pay of surveyors
fixed by court.
CHAPTER 738.
AN ACT TO AMEND SECTION 2802 OF THE REVISAL OF
1905, RELATING TO PAY OF SURVEYORS OF NASH AND
EDGECOMBE COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand eight hundred and two
of the Revisal of one thousand nine hundred and five be amended
by inserting between the words "day" and "for," in line fifteen of
said section, the words "or such greater sum as the court may
allow."
Application of act. Sec. 2. That this act shall apply only to the counties of Nash
and Edgecombe.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
Trial of civil cases
at criminal terms.
CHAPTER 739.
AN ACT TO GIVE TO THE COURTS THAT ARE NOW USED
IN NEW HANOVER COUNTY EXCLUSIVELY FOR CRIMI-
NAL CASES CIVIL JURISDICTION.
The General Assembly of North Carolina do enact:
Section 1. That all of the terms of Superior Court of New Han-
over County which are now used for the trial of criminal cases
exclusively shall be, from the ratification of this act, used for the
trial of both criminal and civil causes.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
Drainage com-
missioners.
Territory.
CHAPTER 740.
AN ACT TO SECURE THE BETTER DRAINAGE OF HOYLE'S
CREEK, IN LINCOLN AND GASTON COUNTIES.
The General Assembly of North Carolina do enact:
Section 1. That Luther A. Dellinger, of Lincoln County ; O. D.
Carpenter, H. G. Rhyne, John Stroup and Sam Lutz, of Gaston
County, be appointed to supervise and enforce the better drainage
of Hoyle's Creek, in Lincoln and Gaston counties, from Lawson A.
Dellinger's, in Lincoln County, to the mouth of said creek, at the
south fork of the Catawba River, in Gaston County.
I
1909— Chapter 740. 1125
Sec. 2. That iu case of a vacancy occurring, by death or other- Vacancies to be
^Yise, of either or all of said commissioners, it shall be the duty of
the county commissioners of Lincoln or Gaston county, as the case
may be, upon application of any interested landowner on said
creek, to appoint some suitable person owning land on said creek
to fill such vacancy.
Sec. .3. That said commissioners shall appoint an overseer, who Overseer,
shall serve for a term of two years from his appointment and Term of office.
until his successor be qualified.
Sec. 4. It shall be the duty of said commissioners, at least twice Duty of com-
a year, to examine said stream and notify the said overseer of m'ssioners.
any and all work necessary and proper to be done in order to keep
said stream free from obstructions and the banks thereof clean;
and also to notify the said overseer of any alterations or changes
that should be made in the channel of saiji stream. It shall be Overseer to notify
the duty of said overseer, upon such information received from landowners.
said commissioners, within five days thereafter, to notify the
respective landowners of what work is needed along said stream.
Sec. .5. That each landowner along said stream shall keep the Duties of land-
bed of the stream adjoining his land clean from logs, brush and o^^'n^rs.
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 commissioners.
Sec. 6. That each landowner shall, within fifteen days after no- Landowner to
tification by said overseer, begin and continue until he has com- begin and^con-
pleted any work required of him in accordance with the directions
of the overseer.
Sec. 7. That each landowner shall be required to furnish such Landowner to
implements and means for working, clearing and removing ob- ments. '™^ ^'
structions and straightening and changing the channel of said
stream as are necessary and proper for such work, and shall be Limit of work.
I'equired to work such time as the said overseer may deem neces-
sary and proper, not exceeding twenty days in a year.
Sec. 8. That any person who shall willfully refuse to perform Refusal to per-
the work required of him for the space of fifteen days after such j'/^e^n^Jr'^ ^ '"'^'
notification sball be guilty of a misdemeanor, and on conviction Punishment,
shall be fined not less than five nor more than twenty dollars :
Provided, that if any person or persons so offending shall pay the proviso: payment
penalty herein mentioned to the overseer of the section wherein prg^lntmen't^^"'^^
the offense was committed, before a presentment is made of the
same, he or they shall not be liable to indictment for said offense.
Sec. 0. Tliat all moneys arising from failure to work on said Fines and penal-
creek and all fines and penalties collected under the provisions of '^^ "^^ '" ^""^ '
this act shall be paid to the said overseer and by him expended
1126
1900— Chapter 740—711.
Neglect of duty
by overseer a
misdemeanor.
Proviso: service
required.
Bridges, roads
and water gates.
Road duty not
discharged.
under tbe direction of the said commissioners in improving tbe
channel of said stream and in performing tlie worlc which was
neglected by such landowner or landowners.
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: 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 landown^s for their own
convenience.
Sec. 12. That nothing herein contained shall be construed as to
prevent persons herein mentioned from working on public roads.
Sec 13. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 741.
AX ACT TO AMEND CHAPTER 938, PUBLIC LAWS 1907, RE-
LATING TO SPECIAL TAX FOR PUBLIC SCHOOLS IN DA-
VIDSON COUNTY.
Board of educa
tion to call
election.
Date of election.
Date of election.
The General Assem'bJy of North Carolina do enact:
Section 1. Amend chapter nine hundred and thirty-eight, Pub-
lic Laws one thousand nine hundred and seven, by changing the
word "commissioners," in line one of section one. to "board of edu-
cation" ; "fourteenth." in line three of said section one, to "tenth" ;
"seven," in line four of section one, to "nine."
Sec 2. Change the words "fourteenth," in line two, section five.
Election by town- to "tenth" ; "seven," in line three of section five, to "nine." In
ship or district. ijjip .^j^ of section five, between the words "township" and "annu-
ally," insert the words "or district." Between the words "town-
ship," and "shall," in line eight of section five, insert the words
"or district." At the end of line nine, section five, add the words
"or district."
Sec 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— CiiAPTEK 742—743. 1^2*
CHAPTER 742.
AN \CT TO PROTECT BIRDS DURING BREEDING SEASON
IN ROCKINGHAM COUNTY.
The General Assemhly of North Carolina do enact:
SECTION 1. That it shall be unlawful for any person or Pe^«o"« Bird-dogs and^^^^
owning or having in their possession any bird dog or hounds to ^p.
permit the same to run at large between June the first and Sep-
tember the fifteenth of each year.
Sec 2 Any person or persons violating the provisions of this Misdemeanor.
act shali be "deemed guilty of a misdemeanor and shall be fined Punishment.
five dollars for each offense.
Sec 3 That this act shall apply to the territory bounded by Territory.
Dan and Smith rivers and State line, in Lealcsville Township,
Rockingham County, only.
Sec. 4. That this act shall be in force from and after its ratih-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 743.
AN VCT TO COMPROMISE. ADJUST AND SETTLE THE IN-
DEBTEDNESS OF THE UNIVERSITY TO THE ESTATE OF
THE LATE GOVERNOR DAVID L. SWAIN.
Whereas the University of North Carolina is justly indebted to Preamble.
the estate of the late Governor David L. Swain for service ren-
dered by said David L. Swain and for money advanced by him
to support the University, in a sum of money, including interest,
amounting to about twenty-four thousand dollars (.$24,000), evi-
denced bv bonds issued as follows, to-wit : one for three thousand
dollars dated September twentieth, one thousand eight hundred
and sixty, signed by John W. Ellis, Governor of the State and
ex officio president of the Board of Trustees of the University;
another for the sum of one hundred dollars, dated January first,
one thousand eight hundred and sixty-five, and signed by Zebulon
B. Vance. Governor of the State and cr officio president of the
board of trustees; and twenty-six bonds, of one hundred dollars
each, dated January first, one thousand eight hundred and sixty-
seven and signed by Jonathan Worth. Governor of the State and
c.r officio president of the Board of Trustees of the University ; and Preamble,
whereas no part of said bonds have been paid except the follow-
in<' sums, to-wit : eighty-nine dollars and sixty cents, twenty-four
1128
1909— Chapter 743—744.
Preamble.
Preamble.
Preamble.
Delivery of bonds
directed.
Payment in full.
dollars and seventy-four cents, one hundred and seventy-one dol-
lars and ninety-six cents, live hundred and three dollars and two
cents and five hundred and thirty-four dollars and fifty-one cents,
making an aggregate sum paid on the said Indebtedness of one
thousand five hundred and forty-six dollars and eighty-three cents
($1,54G.S3), leaving the amount due on January first, one thousand
nine hundred and nine, approximately twenty-four thousand dol-
lars ($24,000) ; and whereas the University of North Carolina
has no income or property not necessary to its use which can be
applied to the settlement of said debt; and whereas the beneficial
title to said indebtedness is now in the two surviving grand-
daughters of the late Governor David L. Swain, and the legal title
in Judge Walter Clark and Hon. R. H. Battle, executors of the
will of Mrs. Eleanor H. Swain, widow of the said Governor David
L. Swain; and whereas the said beneficiaries are anxious to se-
cure a settlement of their said indebtedness on some just and
equitable basis : now, therefore.
The General Assembly of North Carolina do enact:
Section 1. That the State Treasurer be and he is hereby au-
thorized and directed to deliver to the said Walter Clark and
Richard H. Battle, executors of Eleanor H. Swain, deceased,
thirty-five hundred dollars ($3,500), par value, of the four per
cent bonds of this State, of the series issued under the act of
March fourth, one thousand eight hundred and seventy-nine, with
interest coupons attached, only from the ratification of this act.
This payment is to be in full satisfaction and discharge of said
indebtedness.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 744.
AN ACT TO VALIDATE CERTAIN PROBATES OF WILLIAM
L. KNIGHT, A NOTARY PUBLIC IN AND FOR NORTHAMP-
TON COUNTY.
Preamble. Whereas William L. Knight, a notary public in and for North-
ampton County, while a stockholder of the Bank of Rich Square,
Rich Square, Northampton County, did take the acknowledgment
and probate of certain mortgages and other instruments executed
to said bank during the years one thousand nine hundred and five,
one thousand nine hundred and six, one thousand nine hundred
and seven and one thousand nine hundred and eight : therefore,
1909— Chapter 744—745. 1129
The General Assembly of North Carolina do enact:
Section 1. That all such ackuowledgmeuts, examinations and Ac'^'^owledg-.^^_
probates be and the same are hereby validated, confirmed and tions and probates
made legal, binding and regular.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
I
CHAPTER 745.
AN ACT TO AMEND CHAPTER 316, PUBLIC LAWS 1907,
RELATING TO THE MILITIA.
The General AssemUy of North Carolina do enact:
Section 1. That chapter three hundred and sixteen, Public Laws
one thousand nine hundred and seven, be amended as follows : In Service,
section four thousand eight hundred and fifty-seven, in line two.
strike out the word "actual" and insert the word "active" in lieu
thereof. Add to section four thousand eight hundred and fifty- Brevet commis-
nine the following : "The Governor may confer brevet commissions and merit^orious
of a grade next higher than the ordinary commissions ever held by service,
them upon officers of the National Guard in active service for gal-
lant conduct or meritorious service of not less than twenty-five
vears He mav also confer upon officers in active service in the Brevet commis-
' . , TXT • • 1 -o,!,^,. rr,.-,/!^ sions for previous
active militia who have previously served therein m a highei giade, service.
or who have previously served in the forces of the United States in
time of war, brevet commissions of a grade equal to the highest
grade in which they have previously served. Such commissions
shall carry with them only such privileges or rights as are allowed
in like cases in the military and naval service of the United States.
Officers placed on duty under their brevet rank may wear the uni- Uniform and
form and insignia of such brevet rank." In section four thousand General' staff.
eight hundred and sixty-five strike out, in line three, after the word
"general," the words "and chief of ordnance," and add after the
words "brigadier general," in line four, the words "one chief of
ordnance"; after the words "chief of engineers" strike out the
words "one inspector of small-arms practice" ; also strike out all of
said section after the word "colonel," in line seven, and substitute
in lieu thereof: "The commander in chief may appoint such assist- Assistants to
„ ,, , J. a? I- „ J officers on general
ants to each of said officers of the general staff as he may deem g^aff.
proper for the best interests of the service, and give them rank in
accordance with army regulations or as prescribed by the regula-
tions of the War Department governing the organized militia." In Adjutant general,
section four thousand eight hundred and sixty-six add after the
word "adjutant," in line one, the word "general." In section four
1130
1909— Chaptek 745.
Ordnance officer.
Assistants to
quartermaster
general and ord-
nance officer.
Duties of quarter-
master general
and ordnance
officers.
Dismissed officers
debarred.
Power of courts-
martial in enforce-
ment of punish-
ments.
Proviso: courts-
martial on active
service.
Additional com-
panies.
General orders.
Right to revoke
any section of
militia law.
Allowances to
officers.
Allowances to
companies.
thousand eight hundred and sixty-seven, after the word "assist-
ants," in line one, add the words "and ordnance officer." Strilje out
all after the word "general," in line two, down to the word "these,"
in line five, and substitute in lieu thereof "shall have such assist-
ants as may be prescribed by the commander in chief." Add to said
section the following : "The duties of the Quartermaster General
herein specified shall apply to quartermaster stores only, and like
restrictions shall apply to all ordnance stores in charge of ordnance
officers." Strike out the word "disabled," in line two of section
four thousand eight hundred and sixty-nine, and insert in lieu
thereof the word "debarred." In section four thousand eight hun-
dred and seventy-seven strike out all of said section after the word
"conviction," in line twenty-four, and substitute in lieu thereof the
words "when not in active service may dishonorably discharge the
person so convicted from the service, or may impose a fine not
exceeding fifty dollars, or may imprison for a period of thirty days
the person so convicted, or both ; and the commitment of the presi-
dent of such courts in such cases shall be duly recognized by the
sheriff of such county in which the organization is located, of which
the party so convicted is a member : Provided, that this section
shall not he construed to be a limitation upon the rights. of courts-
martial, when on active service, as to the punishment inflicted."
Add as section four thousand eight hundred and eighty-two the fol-
lowing : "The Governor is hereby empowered to organize any addi-
tional military companies conforming to the regulations of the War
Department or laws of the State as he may deem necessary for the
efficiency of the active militia." Add as section four thousand
eight hundred and eighty-three the following : "The commander in
chief shall have the right and power and it shall be his dtity from
time to time to make such general orders with regard to the organi-
zation, armament, equipment and discipline of the organized mili-
tia as sh-all at all times cause it to comply with the requirements
of law of the United States governing the organized militia of the
several States, and in so far as it may be necessary for this pur-
pose he shall have the right to revoke any section in this chapter
contained." Strike out all of section four thousand eight hundred •
and ninetj--nine in said act and substitute the following in lieu
thereof :
"Sec. 4899. There sliall be allowed annually to the commander of
the brigade of infantry, to each colonel of infantry regiment and to
the captain of the naval brigade the sum of one hundred and fifty
dollars, and to the commander of the coast artillery corps the sum
of seventy-five dollars with which to defray the necessary expenses
of their respective offices. There shall be allowed likewise annually
to each company of infantry, each company of coast artillery, each
battery of field artillery, each division of naval militia and each
band of an infantry regiment which complies with the law and
regulations, not exceeding thirty-six companies of infantry, four
1909 — Chapter 745 — 746. 1131
companies of coast artillery, one battery of field artillery and eight
divisions of naval militia, the sum of two hundred and fifty dollars,
to be applied to the payment of necessary current expenses, respec-
tively. Each hospital corps detachment, not exceeding three, shall Hospital corps.
receive seventy-five dollars per annum for like purposes. Every Allpwance to
Giili'>tG(J. riiGri for
enlisted man shall receive twenty-five cents for each drill partici- drius.
pated in by him at the home station of his company, not exceeding
two drills per month, payments to be made semiannually upon pay
rolls approved by the Adjutant General. Company, battery and itemized state-
division commanders shall file with the Paymaster General on the '"''"*^ ^° ^^ *'^*''^-
first of December of each year an itemized statement of all receipts
and disbursements of State funds. All allowances herein author- Payment of
ized shall be paid in semiannual installments, but no payments allowances.
shall be made unless all drills and parades required by law are
duly performed by the several organizations indicated. All organi- Location of
zations of the land and naval forces shall be located on nues °^^^™^'^^'°"-
of railroad, steamboat or telegraphic communication. No larger Limit of expense.
amount shall be paid out annually for the support and maintenance
of the guard, including salaries and office expenses, than the sum
of twenty-seven thousand dollars."
In section four thousand nine hundred and four, after the word Election of field
"regiment," in the second line, insert the words "separate corps," officers.
and after the word "regiment," in the third line, insert the words
"separate corps."
Sec. 2. All laws and clauses of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec. 3. This act shall be in force and effect from and after its
ratification.
Ratified this the Sth day of March. A. D. 1009.
CHAPTER 746.
AN ACT TO MAKE THE PROA^I SIGNS OF CHAPTER 699 OF
THE PUBLIC LAWS 1907 APPLY TO HARNETT COUNTY.
The General Assembly of North Carolina do enact:
Section L That the provisions of chapter six hundred and Law extended,
ninety-nine of the Public Laws of one thousand nine Iniiidrod and
seven shall apply to Harnett County.
Sec. 2. All laws and clauses of laws in conflict with this act are
hereby repealed.
Sec. 3. This act shall 1)0 in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
1132
1909— Chapter 747—748.
CHAPTER 747.
AN ACT TO PROVIDE FOR THE ERECTION OF A DORMI-
TORY AT THE COLORED ORPHAN ASYLUM AT OXFORD,
NORTH CAROLINA.
Preamble.
Superintendent
and trustees to
raise 15,000.
Appropriation
from state of
$5,000.
Governor to
appoint building
committee.
Approval of
voucliers.
Whereas tbe Colored Orphan Asylum at Oxford is overcrowded
and the buildings are in very bad condition, and it is necessary to
have more room to accommodate the orphans, who should be
properly taken care of: now, therefore.
The General Assembly of North Carolina do enact:
Section 1. That whenever the superintendent and board of trus-
tees of the said Colored Orphan Asylum shall raise the sum of five
thousand dollars in cash, the Treasurer of the State is hereby
authorized and directed to pay out of any money in the treasury
not otherwise appropriated a sum of five thousand dollars, which,
together with the sum raised by said superintendent and board of
trustees, shall be used for the erection and equipment of a brick
building to be used as a dormitory for said orphan children.
Sec. 2. That the Governor is hereby authorized and empowered
to appoint a building committee, who shall have control of the
erection of said building and the disbursement of the money, and
all vouchers for any money expended in the erection of said build-
ing shall be first approved by said building committee, together
with the superintendent of said Colored Orphan Asylum.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 748.
AN ACT TO AMEND CHAPTER 508, PUBLIC LAWS OF 1907,
BY ADDING THE WORD "VANCE."
The General AssemNy of North Carolina do enact:
Law extended. Section 1. That chapter five hundred and eight. Public Laws of
one thousand nine hundred and seven, be and is hereby amended
by adding the word "Vance" between the words "Buncombe" and
"Duplin." in line two, section one of said act.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
1909 — Chaptek 749. l^'"^'^
CHAPTER 749. .
AN A.CT TO PROVIDE FOR AND REGULATE HOLDING OF
' PRIMARY ELECTIONS IN THE COUNTY OF WARREN.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of choosing candidates for Con- Persons to be
gress and all State and county offices, for the selection of delegates
to the county conventions and precinct committeemen, every politi-
cal partv in the said county of Warren shall hold at the several
voting places in said county, on the second Tuesday in August. Date for election.
A. D. one thousand nine hundred and ten, and biennially there-
afterwards. a primary election.
Sec. 2. The hours for holding said election shall be between the Hours of election.
hour of eight o'clock in the morning and five o'clock in the after-
noon.
Sec. 3. The board of election of said Warren County shall ap- Comuy decuon^
point two managers and one challenger from each political party managers and
to hold said primary election, and the said managers and chal- ^'jf^l^^.f^f '
lenger shall pass upon the competency of each elector to partici- manajej|^and
pate and vote in said primary election ; and in all other respects. Prinmry cou-
except as herein modified, the said primary election shall be held g^^eral " "ec^tton
and conducted under the same rules and regulations prescribed in law.
the general election law for the State of North Carolina.
Sec. 4. Every bona fide member of a political party who is a Oath of voter,
qualified elector shall be permitted to participate in the primaiT
election of that political party to which he belongs, upon taking
an oath that he is a resident of the precinct at which he proposes
to vote and a dulv qualified elector and has not voted before in
said primary election. The name of said elector shall be recorded Poll books.
upon a poll book kept by said party managers and shall be re-
turned immediately after said election into the office of the clerk
of the Superior Court of said Warren County.
Sec. 5. The managers of election in the several election pre- Count of ballots,
cincts in said county shall count the ballots cast at said election
and shall publicly declare the result and certify the same to the Declaratk^n^and
executive committee of their respective political parties on or be- result.
fore eleven o'clock on the second day after said election ; and the Canvass of
said executive committee of each political party participating and ^^ "■■""•
holding said primary election shall meet at eleven o'clock on the
second day after said election at the courthouse in Warrenton,
North Carolina, and canvass the vote and declare the result. The Pej^^o'^^^l'^^^i^'^'^'^
person receiving a majority of the votes cast for the office for
which he is a candidate shall be declared by said committee the
nominee of his party.
Sec. 6. Where no candidate receives a majority of the votes f^^ond decUon^^
cast for any office, those two candidates which receive the highest
1134
1909— Chapter 71:9.
Executive com-
mittee to be
elected.
Delegates elected.
Delegates to cast
vote as instructed.
Rules and regula-
tions.
Candidates to file
announcement.
Entrance fees to
use of county.
Proviso: candi-
dates not required
to pay.
Publication of list
of candidates.
Ballots.
Separation of
elections.
Acts declared
misdemeanor.
Punishment.
nuniher of votes east for said office shall be voted for again on the
Tuesday following said 'election, and the one receiving a majority
of the votes then cast shall be the nominee of his party. This
election shall be conducted by the said otRcers and in like manner
as the first election.
Sec. 7. At said primary election an executive committee of five
shall lie elected for each political party participating in said pri-
mary, which said committee shall be known as the precinct execu-
tive committee. There shall also be elected at said primary elec-
tion as many delegates as the precinct is entitled to votes in the
countj' convention, which said delegates shall cast the vote as
instructed in the county convention of their political party. The
executive committees of the several political parties shall make
such rules and regulations as they may deem necessary to govern
the selection and balloting for said precinct committeemen and
delegates.
Sec. S. Every person who wishes to become a candidate before
said primary shall, at or before ten o'clock A. M. on the tenth day
preceding the same, file with the chairman of the executive com-
mittee of the political party to which he belongs a written an-
nouncement, naming the office for which he is a candidate, and
shall pay to the said chairman of the executive committee the
sum of ten dollars, which said money shall be immediately paid
by said chairman to the Treasurer of Warren County, to be cred-
ited by said treasurer to the general fund of said county : Pro-
rifled, liotccver, that candidates for county commissioners, town-
ship offices and precinct committeemen and delegates to the county
conventions shall not be required to pay the said sum of ten dol-
lars.
Sec. 9. The chairman of the executive committee of each politi-
cal party shall publish a list of all candidates announced in some
newspaper published in Warren County, which shall appear in
each issue of said paper until after said election.
Sec ]0. The executive committees of the political parties which
shall participate in said primary election shall meet in the town
of Warrenton, North Carolina, not later than six days before said
primary election, and shall designate and prescribe a ballot or bal-
lots to be used in said primary election, and shall further direct
how the same shall be cast.
Sec 11. No political party shall hold its primary election within
three hundred yards of another.
Sec 12. Any person who shall unlawfully vote at any primaiy
election or who shall vote at any primary except that of the party
to which he l)elongs, or any person or candidate who shall give or
offer any bribe to any voter in order to secure his vote, either by
money or the use of intoxicating liquor, shall be guilty of a mis-
demeanor and fined or imprisoned in the discretion of the court.
1009— Chapter 749—750. 1135
Sec. 13. Each candidate wbo shall be voted for at said primarj' Candidates to file
election shall file with the clerk of the Superior Court" on the day itemized accounts,
after said election an itemized, verified account of all the money
or other things of value spent or used by him in said primary elec-
tion, and if he fail to do so he shall be disqualified for the nomina-
tion to which he aspires.
Skc. 14. The executive committee of each political party partici- Executive com-
niitt6G to pr6'^cribG
pating in the primary election herein provided for shall make and rules and regula-
prescribe all such rules and regulations, not inconsistent with this ^ions.
act and the general election law of the State of North Carolina,
which it may deem advisable for the better carrying into effect
the object and terms of this act.
Sec. 15. The managers and challenger herein provided for shall Pav of managers
, ., , ,,. and challengers.
receive the sum of two dollars per day for services while holding
said primai-y election, which, together with all other expenses Expenses paid by
incurred in holding said primary election, shall be paid from the county.
general fund of the said county of Warren in like manner as all
other election expenses provided for in the general election law of
the State of North Carolina.
Sec. 1G. This act shall apply only to the county of Warren. Application of act.
Sec. 17. This act shall be in force and effect from and after its
ratification.
Ratified this the Sth day of :March. A. D. 1909.
I
CHAPTER 750.
AN ACT FOR THE RELIEF OF H. C. KEARNEY, SHERIFF
OF FRANKLIN COUNTY.
The General Afiftrntbhi of North Carolina do enact:
Section 1. That H. C. Kearney, Sheriff of Franklin County, be collection of
and he is hereby authorized to collect for the benefit of himself fjfpji'''^ ^^'*'^'''''
the arrears of taxes due him in the said county for the years one Years.
thousand nine hundred and two and one thousand nine hundred
and eight, inclusive.
Sec 2. The authority hereby given to collect the arrears of Termination of
taxes shall cease and determine on the first day of January, one '^"thority.
thousand nine hundred and eleven. That no person shall l)e re- Persons not
quired to pay any of said taxes if he will make an affidavit that ^'^^"'^'^^ ^° ^'''^^'■
said taxes have been paid ; nor shall any land be sold for such Sales of laud.
l)ack taxes which is now owned by an innocent purchaser, nor
shall the rights of any mortgagee or cestui que trust be affected
by any such sale of land for taxes.
Sec. ?,. That this act shall be in force from and after its ratifi-
.cation.
Ratified this the 8th day of March. A. D. 1909.
1136
1909— Chapter 751—752.
CHAPTER 751.
AN ACT FOR THE RELIEF OF PRISONERS IN JAIL IN
RICHMOND COUNTY WAITING TRIAL, ALLOWING THEM
TO WORK THE PUBLIC ROADS.
Law extended.
The General Assemhhj of 'North Carolina do enact:
Section 1. That section one, chapter two hundred and twenty-
four of the Public Laws of North Carolina, session one thousand
nine hundred and seven, shall apply also to the county of Rich-
mond and the county of Anson.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1009.
CHAPTER 752.
AN ACT TO EXTEND STATE AID TO THE MOVEMENT FOR
THE ERECTION OF A MONUMENT TO HENRY L. WYATT.
Preamble.
Appropriation.
When available.
Proviso: time of
payment.
Committee to
supervise erection
of monument.
Whereas the Henry L. Wyatt Chapter of the United Daughters
of the Confederacy of North Carolina, in conjunction with the
several other camps of said organization throughout the State,
has undertaken the erection of a monument to Henry L. Wyatt,
a member of Company A (Edgecombe Guards), First Regiment of
North Carolina State Volunteers, and the first to yield up his life
upon the field of battle in defense of the Southern Confederacy :
The General Assembly of North Carolina do enact:
Section 1. That the sum of two thousand five hundred dollars
be and the same is hereby appropriated to aid in the erection of
a monument to Henry L. Wyatt on the Capitol Square, Raleigh,
North Carolina, to be available when a like amount shall have
been raised for such purpose, by private subscription or otherwise :
Provided, that the amount of such appropriation shall not be paid
out of the State treasury earlier than January first, one thousand
nine hundred and eleven.
Sec. 2. That such appropriation shall be expended by and the
monument herein provided for erected under the supervision and
control of a joint committee, consisting of two members of the
Senate and three members of the House of Representatives, to be
named by the President of the Senate and the Speaker of the
House of Representatives, respectively, acting in concert with
R. H. Ricks, of the county of Nash; R. H. Bradley, of the county
1909— Chapter 752—753. 1137
of Wake ; J. H. Thorpe, of the county of Edgecombe, aud the
proper committee representing said I'nited Daughters of the Con-
federacy of North Carolina.
Sec. 3. That such appropriation shall be disbursed by the State Disbursement of
Ti'easurer upon the order of the chairman of the said joint com- ^appropriation.
mittee, acting in pursuance of a resolution of the same.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 8th day of March. A. D. 1000.
CHAPTER 753.
AN ACT RELATING TO THE CONTROL AND MANAGEIMENT
OF AI'TOMOBILES AND OTHER VEHICLES UPON THE
PUBLIC ROADS AND HIGHWAYS OF NEW HANOVER
COFNTY.
The General Assembly of North Carolina do enact:
Section 1. That all persons riding on bicycles, tricycles, tandem Motor vehicles to
bicycles, locomobiles, automobiles or other motor vehicles shall, foad.'^^^"''^'^"^'^^ °^
on meeting carriages or other vehicles, keep to the right, so as
to leave two-thirds of the road free ; and all persons riding on warning on
bicycles, tricycles, tandem bicycles, locomobiles, automobiles or p|!fp™^*^^ ^^°"^
other motor vehicles shall, on approaching carriages or other
vehicles from the rear, give warning of their approach by a signal
of horn or bell, and in passing said vehicle shall go to the left of passing to left.
said carriage or vehicle : Provided, however, that any person oper- Proviso: rate of
ating a locomobile, automobile, motorcycle or other motor vehicle speed,
on any public road or highway or in any public place in the county
of New Hanover shall not operate the; same at a rate of speed
greater than is reasonable and proper, having due regard to the
use in common of such highway or public place, or so as to en-
danger the life or limb of any person : Provided, that at a sharp Proviso: rate at
curve in any public road or highway, or at a crossing of the same, road^crosying"^
the rate of speed shall not exceetl six miles an hour ; and that on Rate on meeting
meeting or passing carriages or other vehicles on the public roads ygijjcfes"^
the rate of .speed shall not exceed twelve miles an hour : and
Provided further, that any person operating a locomobile, auto- stop on request
mobile, motorcycle or other motor vehicle on any such public road °^ ■'^'snal.
or highway or public place in said county shall, at request or on
signal, by putting up the hand from the person riding, loading or
driving a horse or horses or other animals, bring such locomobile,
automobile, motorcycle or other motor vehicle innnediately to a
stop, and if traveling in the opposite direction shall remain station-
ary so long as may be reasonably necessary to allow such horse,
horses or other animals to pass ; and in case such horse, horses or
other animals appear to be frightened, and he is requested so to
Pub.— 72
1138
1909— Chapter 753.
Motor to cease
running.
Proviso: lights.
Brakes, bells and
signals.
Signal to stop
without cause
forbidden.
Acts declared
misdemeanor.
Punishment.
Numbers attached
to motor vehicles.
Numbers on
lamps.
Registration.
Application of act.
do, the person operating such locomobile, automobile, motorcycle
or other motor vehicle shall cause the motor thereof to cease run-
ning so long as shall be necessary to prevent accident and insure
the safety of persons using such public road, highway or public
place; and if traveling in the same direction use reasonable care
and caution in thereafter passing such horse, horses or other
animal, and be under the same restrictions as* are herein provided
relating to stopping at request or on signal by putting up the hand ;
and Provided, that such locomobile, automobile, motorcycle or
other motor vehicle shall, during the period from one hour after
sunset to one hour before sunrise, exhibit at least two lamps, one
on either side, showing a white light for a reasonable distance in
the direction toward which such vehicle is proceeding, and also
showing a red light or lights in the reverse direction, and shall
be provided with (and use at all proper and necessary times) a
good and sufficient brake and a suitable bell, horn or other signal ;
and no person shall, through mischief or without reasonable excuse
or cause, request any person operating a locomobile, automobile,
motorcycle or other motor vehicle or signal him by putting up the
hand to stop. If any person purposely violates and willfully neg-
lects or refuses to comply with or violates any of the provisions
of this section, or in any other manner willfully hinders or pur-
posely obstructs any person in the free passage of any such road
or highway, or if any person shall throw upon the highway or
public roads any glass, glass bottles, broken or otherwise, nails,
tacks or any substance of like nature likely to puncture or injure
rubber tires of any vehicle or to injure the feet of horses or other
animals, he shall be guilty of a misdemeanor, and on conviction
thereof before any justice of the peace or other court having juris-
diction for every such offense be fined not more than fifty dollars
or imprisoned not more than thirty days.
Sec. 2. It shall be the duty of the owner or other person oper-
ating a locomobile or automobile in the county of New Hanover
to attach to the rear of any such locomobile, automobile or other
motor vehicle the number of such machine, in plain figures, so as
to be visible and easily read, and on the glass of a lamp on either
side in front of any locomobile, automobile or other motor vehicle
shall be placed the number of said machine in such manner as to
be easily read at night, and to i-egister the number of said machine
with the clerk of the Superior Court in a book kept for that pur-
pose by him, with the name of the owner set opposite such number.
Sec 3. That this act shall apply only to New Hanover County.
Sec. 4. That all laws and clauses of laws in conflict with this
act be and the same are hereby, in so far as they relate to this
act, repealed.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1909.
1909 — Chapter 754 — 755. 1139
CHAPTER 754.
AN ACT TO REGULATE THE CONSTRUCTION OF BARBED-
WIRE FENCES IN JACKSON COUNTY.
The General AssemhJy of North Carolina do enact:
Section 1. That it shall be unlawful for auy person or persons Building fence
,.,,., ^ , ,. , I- without guard
to build any barbed-wire fence withm thirty feet ot any public jaii forbidden.
highway in Jackson County without putting a guard rail of wood
large enough to be distinctly seen by any animal on same at or
near the top of said fence, between three and one-half feet and
four and one-half feet from the ground.
Sec. 2. That auy person or persons having barbed-wire fences Fences already
now erected on their lauds within thirty feet of auy public high- |[,\^j.| ^^^^ gfj^^
way shall, within six months from the ratification of this act,
erect and maintain a guard rail on such fence.
Sec. 3. That this act shall not apply to fences erected where the Fences on banks,
fences are upon a bank that is as much as three feet in height
above the roadbed.
Sec. 4. That anyone violating the provisions of this act shall Misdemeanor.
be guilty of a misdemeanor, and upou conviction thereof shall be punishment.
fined or imprisoned in the discretion of the court.
Sec. 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 755.
AN ACT TO PROTECT OYSTERS IN PAMLICO COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons, ^.redging for-
•firm or corporation to dredge in any of the waters of Pamlico
County for oysters from the first day of April, one thousand nine
hundred and nine, to the first day of April, one thousand nine
hundred and eleven : Provided, they may take oysters with tongs JP^n^ reason for
from September to April in each year.
Sec. 2. That if any person or persons, firm or corporation shall Misdemeanor,
violate section one of this act, they or it shall be guilty of a misde-
meanor, and upon conviction of the same in open court shall be Punishment,
fined not more than fifty dollars nor less than twenty dollars or
imprisoned not more than thirty days for each offense.
Sec. 3. This act shall be in force from the first day of April, ^^^^^^jH^^g^"^
one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. 1900.
1140
1909— Chaptek 756—757.
CHAPTER 756.
AN ACT RELATING TO HUNTING IN STEELE'S TOWNSHIP,
RICHMOND COUNTY, NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Close season. Section 1. That it shall be unlawful to hunt game in Steele's
Township, Richmond County, North Carolina, with gun or clog,
between February fifteenth and November twentieth of each year.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1900.
CHAPTER 757.
AN ACT TO REGULATE THE SHOOTING AND SALE OF CER-
TAIN BIRDS IN NEW HANOVER, BRUNSWICK AND PEN-
DER COUNTIES.
Open season.
Saie of snipe,
woodcock and
summer duck
unlawful.
Close season for
woodcock in
Pender county.
Law protecting
marsh hens.
Limit on number.
Possession prima
facie evidence.
Misdemeanor.
Punishment.
Application of act.
The General Assembly of North Carolina do enact:
Section 1. That it shall be lawful to shoot curlew, dowager or
dutch snipe and other migratory and seashore birds from the first
day of August to the first day of February.
Sec. 2. That it shall be unlawful to sell any snipe or woodcock
or summer duck in the counties of New Hanover, Brunswick and
Pender at any time of the year, and no woodcock shall be shot in
the county of Pender from the first day of .January to the first
day of September.
Sec. 3. That the law governing the close season and protecting
the marsh hen shall not be disturbed by this act, but it shall be
unlawful for any one person to kill more than fifteen marsh hens
in one day, and the possession of more than fifteen marsh hens by^
any one person shall be prima facie evidence of the violation of
this law.
Sec. 4. Any person violating the provisions of this act shall be
guilty of a misdemeanor, and upon conviction shall be fined five
dollars for each offense or imprisoned for ten days.
Sec. 5. This act shall apply only to the counties of New Han-
over, Brunswick and Pender.
Sec. 6. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
1909— Chapter 758—759. " 1141
CHAPTER 758.
AN ACT FOR THE PROTECTION OF GAME IN GASTON AND
LINCOLN COUNTIES.
The General AsseniJyJy of North Carolina do enact:
Section 1. That it shall be unlawful for any persons who are Residents of
residents of counties that have no open season to hunt in the no^optm seasoif
counties of Gaston and Lincoln for the period of two years from '^°t to hunt with-
'■ out license,
the ratification of this act, without first having procured a license
in the county in which he wishes to hunt.
Sec. 2. That the license required in section one of this act shall License issued by
clerk of court
be issued by the clerk of the court in said counties upon the pay-
ment of the sum of ten dollars, and shall be good only for the open License fee.
season in said counties. The clerk of the court shall retain the Division of license
sum of fifty cents for each license so issued, and pay the remainder ^'^*'-
into the public-school fund of his county.
Sec. 3. Any person violating any of the provisions of this act Misdemeanor,
shall be guilty of a misdemeanor, and upon conviction shall be Punishment.
fined twenty dollars or imprisoned not exceeding thirty days.
Sec 4. That the fines so collected under this act shall be paid Division of fines,
one-half into the school fund and one-half to the informant.
Sec 5. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March. A. D. 1909.
CHAPTER 759.
AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF
CLEVELAND TOWNSHIP. JOHNSTON COUNTY, TO SELL
A TRACT OF ONE ACRE OF LAND BELONGING TO CLEVE-
LAND TOWNSHIP.
The General Assenihly of North Carolina do enact:
Section 1. That J. Walter :Myatt. W. G. Wrenn and T. T. Sale of land
P.ooker. trustees for Cleveland Township, .Johnston County, be and ^-uthonzed.
they are hereby authorized and empowered to sell certain lands in
said township which now belong to said Cleveland Township and
known as the acre of land bought from Miss Lizzie Wood.
Sec 2. That said board of trustees are hereby authorized and Private sale
empowered to make private sale of said property if in their judg- ^"* °"^^ '
ment they can obtain a fair and reasonable price for same.
Sec .3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March. A. D. 1909.
1142
1909 — Chapter 760—761.
CHAPTER 760.
AN ACT TO AMEND CHAPTER 675 OP THE PUBLIC LAWS
OF 1907, RELATIVE TO THE ROAD LAW OF IREDELL
COUNTY.
Proviso stricken
cut.
The General Asseinhli/ of Xorth Carolina do enact:
Section 1. That chapter .six hundred and seventy-five of the
Public Laws of one thousand nine hundred and seven be amended
by striking out all of section sixteen after the word "for," in line
eight of said section.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 761.
AN ACT TO ENFORCE THE GAME LAW IN CLEVELAND
COUNTY.
Close season.
Sale or offer to
sell during close
season unlawful.
Possession prima
facie evidence.
Unlawful to hunt
without permis-
sion of landowner
Prima facie
evidence.
Misdemeanor.
Punishment.
Application of act
The General Assembly of N07-th Carolina do enact:
Section 1. That it shall be unlawful for any person to trap,
take, catch, shoot or kill or in any manner destroy any quail or
partridges between the first day of February and the first day of
December in any year ; that it shall be unlawful for any person to
sell or offer for sale any quail or partridges between the first day
of February and the first day of December in any year, and the
possession of any quail or partridges between said first day of
February and the first day of December of any year by any per-
son shall be prima facie evidence of the violation of this act.
Sec. 2. That it shall be unlawful for any person to hunt upon
the lands of another without permission in writing from the land-
owner, and if any person shall go upon the lands of another with
a gun it shall be prima facie evidence that such person is hunting,
within the meaning of this section.
Sec. 3. That any person violating any of the provisions of this
act shall be guilty of a misdemeanor and shall be fined not more
than fifty dollars or imprisoned not more than thirty days.
Sec 4. That this act shall apply only to Cleveland County, and
that all laws and clauses of laws in conflict with this act are
hereby repealed, in so far as they relate to Cleveland County.
Sec 5. That this act shall be in force and effect from and after
its ratification.
Ratified this the Sth day of March, A. D. 1909. "
1909— Chaptek 762—763. ^^^
CHAPTER 762.
\N ACT TO CREATE THE OFFICE OF AUDITOR FOR
ONSLOW COUNTY.
The General AssemDly of North Carolina do enact:
SECTION 1. That the county commissioners of Onslow County E|t.blishmeM of
are hereby authorized in their discretion to create and e^t^^ish Election of
tie office of county auditor for Onslow County and to elect a suit- -duor.
Ible peion to su^h office, and to fix his salary and prescribe his Salar^y and dut.s
duties and amount of his bond. . -, «. :, „ \ «=
Sec '> That the term of office of said auditor, if said office i. Term of office,
established under this act, shall be for two years or until his suc-
cessor is elected and qualified.
Sec 3 That if the said board of county commissioners shall ^^^^^^o toryTn
fail to exercise the powers herein conferred upon them for tbe pemiou of fifty _
space of six months after the ratification of this act, then, upon payers.
the written petition of fifty reputable citizens and taxpayers of
Onslow County requesting them to create said office of auditor
they shall immediately proceed to establish said office and to elect
a suitable person to the office thus created, and require him to give
bond and enter upon the duties of the said office.
Sec 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 763.
AN ACT TO PREVENT THE THROWING OR DUMPING SAW-
DT'ST IN NORTH FORK AND ITS TRIBUTARIES ABOVE
THE DRAWBRIDGE IN McDOWELL COUNTY.
The General AssemUy of 'North Carolina do enact:
Section 1. That it shall be unlawful for any person, firm or Wa.ting,.thro.ing
corporation to waste, throw or dump sawdust into the streams ot ,,,„t i„t„ streams
North Fork and its tributaries above the iron bridge in McDowell unlawiui.
County. ^ . -
Sec. 2. Any person violating this act shall be guilty of a misde- Misdemeanor.
meanor.
Sec .3. This act shall be in force from and after its ratification.
Ratified this the 8th day of March. A. D. 1000.
1144
1909— Chaptee 764—765.
CHAPTER 764.
AN ACT TO REGULATE HUNTING AND KILLING GAME IN
HALIFAX COUNTY.
Open seasons for
different game
specified.
The General Assembly of l!\Orth Carolina do enact:
Section 1. That it shall be unlawful to hunt with gun or dog
or to kill any of the following-named game in the county of Hali-
fax, except between the dates in each and every year herein set
out, as follows, to-wit : Quail or partridges, from November tif-
teeuth to March first ; turkeys, from November hrst to March
first ; robins, from January first to April first ; deer, from Septem-
ber fifteenth to February first.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 765.
AN ACT TO AMEND SECTION 3382 (a) OF THE REVISAL OF
1905, AS TO PLACING SAWDUST IN THE TRIBUTARIES
OF THE SOUTH FORK RIVER AND OTHER STREAMS IN
BURKE COUNTY.
Laws repealed as
to South Forlc
river.
Sawmills run by
water power.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand three hundred and
eighty-two (a) of the Revisal of one thousand nine hundred and
five be amended by striking out, in lines twenty-two and twenty-
three, the words "South Fork River and its tributaries, in Burke
County," and that chapter two hundred and thirty-eight of the
Public Laws of one thousand nine hundred and five be and the
same is hereby repealed.
Sec. 2. That any person or persons operating any sawmills in
Burke County, run by water power, prior to one thousand nine
hundred and seven, which are not located in the fishing districts
protected by law, shall have the right to operate said mills and
let sawdust go in the streams, but no person shall have the right
to move any such mills to any new site and allow sawdust or any
other rubbish from said mills go into any stream or streams or
place it where it will wash into any stream or streams.
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 this the Sth day of March, A. D. 1909.
1909 — Chapter 766 — 767. 11^5
CHAPTER 766.
\N ACT TO PROTECT GAME IN STEELE'S TOWNSHIP
IN RICHMOND COUNTY.
The General Asseniljli/ of Xorth Carolhiu do enact:
Section 1. That it shall be unlawful foi- any person to hunt any Hu;^ting^-ithout
game upon the lands of another in Steele's Township, m Rich- landowner uiilaw-
mond County, without written permission of the landowner, and ^^.-^^^^ ^^^^^
if any person shall go upon the lands of another with a gun it evidence.
shalfbe prima facie evidence that such person is hunting, withni
the meaning of this act.
Sec. -2. That this act shall be in force from and after its ratih-
cation.
Ratified this the Sth day of March. A. D. IWX
CHAPTER 767.
AN ACT TO CONFER POLICE POWERS ON SHERIFFS AND
CONSTABLES AT SAXAPAHAW MILLS. THOMPSON'S AND
NEWLIN'S TOWNSHIPS, ALAMANCE COLNTY.
The General Assembly of North Carolina do enact:
SECTION 1. That it shall be the duty of the sheriff or deputy Duty of s^heriff or
sheriffs in Alamance County living and residing at Saxapahaw constable.
Mills. Thompson's and Newlin's Townships. Alamance County, or
those appointed by the sheriff of Alamance County for that section
of said county in which Saxapahaw Mills is situated, and the con-
stable of Thompson's Township and Newlin's Township, iu said
county, and he or they, shall have power and authority to suppress Po^^^J^.and
all disturbances of the quiet and good order of and in the village
of Saxapahaw Mills and on the premises of Saxapahaw Cotton
Mills, in said county, and to arrest all offenders against the same,
and to prevent as far as possible all injury to property in said
village and on the above-mentioned premises. Said sheriff or Power to summon
deputv sheriffs and constable shall have authority and power, if
resisted in the execution of his or their official duties, to summon
a sufficient number of men to aid him or them in enforcing the
law, and if any person so summoned shall refuse to assist, the Report^of persons
said sheriff or deputy sheriffs or constables are hereby required to
report the name of such person to the proper authorities, to the end
that he may be dealt with as the law directs. Said sheriffs or Povj^er^t^o^ente^r
deputy sheriffs and constables shall have power to enter the en- houses,
closures and houses of any person in the aforesaid premises, with-
out warrant, when he or they have gof)d reason to believe that a
1146 1909— Chapter 767—768.
felony or infamous crime has been or is about to be committed, for
tlie apprehension of any person so offending, and, if necessary, to
summon a posse to aid him or them, and all persons so summoned
Persons arrested shall have like authority to enter and arrest. Any person arrested
trial. " by said sheriff, deputy sheriff or constable for any offense shall,
as soon as practicable, be taken before some justice of the peace
of Alamance County, when and where formal complaint shall be
lodged against such person, as presci-ibed by law, to the end that
such person may have a speedy trial and be dealt with as the law
Detention pending (jivects; and in the meantime, and until the case is disposed of,
trial.
such persons so under arrest may be detained and confined in a
guardhouse or calaboose, provided for that purpose, by any of said
officers, unless bail is given as provided by law.
Powers as police- Sec. 2. Such sheriff or deputy sheriffs and constable shall have
™^°' the same power and authority in the said village of Saxapahaw
Cotton Mills and on said premises as policemen in incorporated
cities and towns of this State have and exercise in said cities and
towns.
Badge to be worn. Sec. 3. Such sheriff or deputy sheriffs and constable when on
duty, shall severally wear a metallic shield with the word "Police-
man" inscribed thereon, and the said shield shall always be worn
in plain view, except when employed as detectives.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 768.
AN ACT TO CORRECT STATE GRANT No. 44, ISSUED TO
MARCUS L. GREEN IN 1S71.
The General AssemMy of North Carolina do enact:
Collection of SECTION 1. That the Secretary of State be and he is hereby
fzed^^^ ^^ '^^' authorized, empowered and required to correct State grant Num-
ber Forty-four, issued March the twenty-seventh, one thousand
eight hundred and seventy-one, by erasing the word "Green"
wherever the same occurs and inserting in lieu thereof the word
"Queen."
Sec. 2. That all laws and parts 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 this the Sth day of March. A. D. 1909.
1909— Chapter 769—770. 1147
CHAPTER 769.
AN ACT TO AMEND SECTION 4145 OF THE REVISAL OF
1905 OF NORTH CAROLINA.
The General Assemhly of North Carolina do enact:
Section 1. That section four thousand one hundred and forty- P^J' of school
committee.
five of the Revisal of one thousand nine hundred and five of North
Carolina be and the same is hereby amended by striking out, in
line fourteen thereof, the words "may elect to," occurring between
the words "and" and "be" therein, and inserting in lieu thereof the
word "shall," and by striking out the word "or," in line fifteen,
and insei'ting in lieu thereof the words "and may," and by striking
out the word "the." after the word "for" and before the word
"four," in line sixteen thereof, and inserting in lieu thereof the
words "not exceeding," and by striking out the words "but they
cannot be paid for both," between the word "days" and the word
"every," in said line sixteen, and inserting in lieu thereof the
words "each year for such additional services as may be rendered
by the committee in the discharge of their legal duties."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 770.
AN ACT FOR THE RELIEF OF M. C. HONEYCUTT,
EX-SHERIFF OF YANCEY COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That M. C. Honeycutt, ex-Sheriff of Yancey County, Collection of ar-
be and is hereby empowered and authorized to collect arrears of ^^^^^ authorized.
taxes due him as said Sheriff of Yancey County for the years one Years,
thousand nine hundred and five, one thousand nine hundred and
six, one thousand nine hundred and seven and one thousand nine
hundred and eight, under the provisions of the law existing for
those years for the collection of taxes.
Sec. 2. That any person holding a receipt for said taxes or mak- Pcr.s9ns not
ing affidavit befoi'e a competent officer that he has paid said taxes ^ ""^*^ o pay.
for said year shall not be liable for said taxes under the provisions
of this act ; and all lands and property which has been sold and Lands transferred
transferred to innocent purchasers for value and without notice "n!^ *° ^^ levied
shall not be levied upon for taxes under the provisions of this act.
Sec 3. That this act shall be in force from and after its ratifi- Limitation,
cation, until the first day of June, one thousand nine hundred and
ten.
Ratified this the Sth day of March, A. D. 1909.
.1148
1909— Chapter 771—772.
CHAPTER 771.
AN ACT TO AMEND CHAPTER 926 OF THE PUBLIC LAWS
OF IDOT, RELATIVE TO PRIMARY ELECTIONS IN HERT-
FORD COUNTY.
The General Assembly of North Carolina do enact:
Law extended. SECTION ]. That section eight of chapter nine hundred and
twenty-six of the Public Laws of one thousand nine hundred and
seven be and the same is hereby amended by adding at the end of
said section the word "Hertford."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 3909.
Bond issue
authorized.
Amount.
Maturity.
Authentication.
Interest.
Special tax
ordered.
CHAPTER 772.
AN ACT TO AUTHORIZE THE COMMISSIONERS OF GASTON
COUNTY TO ISSUE BONDS TO DEFRAY THE EXPENSE
OF THE ERECTION OF A COURTHOUSE OR JAIL, OR
BOTH, AS THEY MAY DEEM NECESSARY, AND FOR THE
PURCHASE OF A SITE OR SITES FOR SUCH COURT-
HOUSE AND JAIL, IF SUCH BOARD OF COT'NTY COMMIS-
SIONERS SHOULD DEEM IT NECESSARY.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose hereinafter expressed, the
Board of Commissioners of Gaston County is hereby authorized
and empowered to issue negotiable coupon bonds in an amount
not exceeding sixty thousand dollars ($60,000), and said bonds
shall be made payable thirty (30) years from the date thereof,
and shall be in such form and of such denomination and payable
at such place as the board of commissioners may determine. The
said bonds and coupons shall be numbered, and the chairman of
the Board of County Commissioners for Gaston County shall sign
the same and affix thereto the corporate seal of the county of
Gaston, and the execution of the same shall be attested by the
register of deeds of said county in his capacity as clerk to said
board. The said bonds shall bear interest at the rate of not over
five per cent per annum.
Sec. 2. That said board of commissioners of the county of
Gaston is hereby required and directed to levy and collect, in
addition to all other taxes in said county, a tax not exceeding five
cents on every hundred dollars upon all the taxable property and
not exceeding fifteen cents upon each taxable poll of said county
1909— Chapter 772—773. 1149
of Gaston, sufficient to pay the interest on said bonds as the same
become due and to pay the principal when said bonds mature.
The said tax so levied upon the property shall be an ad valorem '
tax. and the tax upon the polls and property to be in the propor- Constitutional
tion required by the Constitution of North Carolina. Said special ^^^^ '°"'
tax shall be levied and collected at the same time as other tax
upon the property and polls of said county.
Sec. 3. That the said bonds, or such portion thereof as the county Sale of bonds,
commissioners may deem necessary, shall be sold by said board of
county commissioners at public or private sale, with or without
notice, as the said board may determine, and for sums not less Sale at not less
than their par value and accrued interest, and the proceeds of ^^^ ^^^'
said bonds shall be paid over to the treasurer of said county, and Use of proceeds,
the same shall be expended by the board of county commissioners
of said county for the erection of a courthouse or jail, or both, as
the county commissioners may deem necessary, and for the pur-
chase of site or sites, if such board of county commissioners should
deem it necessary to purchase a site or sites for said purpose or
purposes.
Sec. 4. This act shall be in force from and after the date of its
ratification.
Ratified this the Sth day of March. A. D. 1009.
CHAPTER 773.
AN ACT TO AT'THORIZE THE COMMISSIONERS OF EDGE-
COMBE COUNTY TO FUND THE DEBT OF THE COUNTY
AND LEVY A SPECIAL TAX TO PAY THE SAjME.
The Ooieral Assembly of North Carolina do enact:
Section 1. That for the purpose of settling and paying the law- Purpose of bond
ful indebtedness of Edgecombe County, contracted for the neces-
sary expenses of said county, outstanding on the first day of Janu-
arv, one thousand nine hundred and nine, it shall be lawful for Bond issue
• „ , i, , authorized.
the board of commissioners of said county to fund the same by
issuing the bonds of the county to the amount of sixteen thousand Amount.
dollars C$10,000) in the aggregate, and in the denominations of nr)t Denominations,
more than one thousand dollars (.'KLOOO) nor less than one hun-
dred dollars (.$100), with coupons attached for the interest, pay-
able annually at the rate of five per cent, the said bonds to run for Interest.
twenty years.
Sec. 2. That in order to pay said bonds and inter&st the board Special tax for
.. „., .,,,, ,. .ij. smking fund and
of commissioners of said county shall levy annually a special tax interest.
sufficient to create a sinking fund for the payment of the same and constitutional
interest as it shall fall due, observing the constitutional equation equation.
1150
1909— Chapter 7Y3— Y74.
Authentication of
bonds.
Record of bonds
and coupons.
between property and poll, when same may be done, the same to
be collected and accounted for by the same officers who shall col-
lect and receive the county taxes, and the board of commissioners
shall require sufficient bonds of the sheriff or collector and the
county treasurer for the faithful collection and payment of said
taxes.
Sec. 3. That the said bonds shall be signed by the chairman of
the board of commissioners and attested by their clerk and the
seal of the county, and a book shall be kept by the clerk showing
the number and amount of each bond issued, to whom payable and
when canceled; also, there shall be kept by the clerk a book and
abstract of each coupon canceled and showing the amount of the
same and date of cancellation.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 774.
AN ACT RELATING TO COURT STENOGRAPHER FOR
LENOIR COUNTY.
County com-
missioners may
appoint stenog-
raplier.
Appointment on
recommendation
of committee of
bar after exam-
ination.
Schedule of fees,
rates and com-
pensation.
Taxed as costs.
Schedule to be
recorded and fees
taxed by clerk of
superior court.
Tlie General AsseniNy of North Carolina do enact:
Section 1. That there may be appointed by the Board of County
Commissioners of Lenoir County a competent stenographer for said
county, to be designated as official court stenographer, who shall
hold office at the pleasure of the board of county commissioners of
said county.
Sec. 2. Said stenographer shall be appointed after an examina-
tion as to speed, accuracy and neatness of work. The appointment
shall be made by the said board of county commissioners, upon the
recommendation of the committee of three members of the Bar of
Lenoir County, said committee to be appointed by the clerk of the
Superior Court of said county. The committee shall make said
recommendation after satisfying itself as to the applicant who
makes the highest grade for the three conditions, namely, speed,
accuracy and neatness, averaging the grade made on all three
conditions and passing final grade on same.
Sec. 3. That the said committee and the Clerk of the Superior
Court of Lenoir County be and they are hereby authorized and
directed to fix and prepare a schedule of fees, rates and compensa-
tion to be paid said official stenographer for services as same. Said
fees, rates and compensation shall be taxed as a part of the costs
in all cases, both criminal and civil, which may be tried in the
Superior Court of said Lenoir County. Said schedule of fees shall
be recorded in the office of said clerk, and the said clerk shall tax
as a part of the cost in all cases tried or disposed of in said Supe-
1909— Chapter 774—775. 1151
rior Court such fees and charges as said schedule shall direct, aud
the same shall be collected as a part of the cost in each case, to be
paid to the said official stenographer.
Sec. 4. Said stenographer shall take a stenographic report of Duties of
each aud every trial or proceeding, either criminal, civil or special,
arising in said Superior Court, coroner's court or before the cleric
of the Superior Court, or in habeas corpus proceedings, whenever
any attorney appearing oh either side of said trial or proceeding
shall make demand in writing before the clerk of the Superior
Court : Provided, said stenographer is not otherwise engaged in Proviso: otlier
court work at the time of said written demand. engagemen s.
Sec. 5. That said official court stenographer shall hold office at xerm of stenog-
the pleasure of the board of county commissioners : Provided, that raplier.
upon I'ecommendation of the Bar of Lenoir County said board of
county commissioners shall order examinations to be made, as set
out in section two, to test the competency of said official court
stenographer ; and whenever it shall be found that he is incompe-
tent or otherwise unfit to hold and perform the duties of said
office the committee of the bar named in section two shall hold
examinations, open to applicants to fill said office, and shall ap-
point his successor, as provided for in section two.
Sec. 6. That said official court stenographer shall be a resident stenograplier to
of Lenoir County. countf^^"* ""^
Sec. 7. That said office of official court stenographer may be abol- Office may be
ished at the discretion of the said board of county commissioners. '^Dol'slied.
Sec. S. That this act shall be in full force and effect after the When act
first day of- July, one thousand nine hundred aud nine. ^ ^^ '^ ^"
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 775.
AN ACT FOR rROHIBITING HUNTING DOGS FROM RUN-
NING AT LARGE DURING THE BREEDING SEASON OF
BIRDS.
The General Assembly of North Carolina do enact:
Section 1. From aud after the passage of this act, it shall be Permitting dogs
unlawful for the owner or any person having the care of any unlTwful'i ^^^^^
pointer or setter dog to permit the same to run at large unmuzzled
during the breeding season of quail, namely, from April first Time of pro-
to September first of any year. iiibition.
Sec. 2. When any pointer or setter dog shall be found ranging Prima facie
unmuzzled in the field or woods it shall be prima facie evidence ^^'^®'^^^-
that the owner of such pointer or setter dog has violated tlie pro-
visions of this act, and upon conviction such owner or his agent Misdemeanor.
1152
1909— Chapter 775—776.
Punishment. shall be deemed guilty of a misdemeanor and shall be fined not
more than fifty dollars or imprisoned not longer than thirty days.
Application of act. Sec. 3. This act shall apply only to the counties of Guilford, For-
syth, Iredell, Moore, Yancey and Transylvania, Davidson and Dur-
ham, Green and Johnston.
Sec. 4. All laws and clauses of laws in conflict with this act are
hereby repealed.
Ratified this the Sth day of March, A. D. 1900.
CHAPTER 776.
AN ACT TO ESTABLISH THE DIVIDIXG LINE BETWEEN
THE COUNTIES OP GASTON AND LINCOLN.
Preamble.
Commi.ssioners
appointed.
County commis-
sioners to appoint
additional com-
missioners.
Commissioners
selected to select
another commis-
sioner.
Line to be located
and marked.
Report to county
commissioners.
Report to be
recorded.
Conclusive evi-
dence.
Time for appoint-
ment by county
commissioners.
Whereas doubts have arisen concerning the location of the
dividing line between the counties of Gaston and Lincoln, and the
citizens living in the immediate vicinity of the line are unable to
determine where they shall exercise their rights of citizenship and
pay their taxes :
The General Assembly of North Carolina do enact:
Section 1. That J. F. Leeper, of Gaston County, and C. E. Childs,
of Lincoln County, be and are hereby appointed commissioners, and
that it shall be the duty of the county commissioners of the coun-
ties of Gaston and Lincoln, respectively, at their meeting on the
first Monday in April, one thousand nine hundred and nine, to ap-
point one commissioner for each county (who shall be a surveyor),
which said commissioners, together with the commissioners herein
appointed, shall in their discretion select one man from a county
other than Gaston or Lincoln, who shall proceed to locate the
dividing line between the counties of Gaston and Lincoln, and shall
mark the ■ same, by stones or other permanent monuments, at
every point where said line crosses a public road and at as many
other places as they shall deem necessary ; and when they have so
determined the proper location of the said dividing line they shall
make a report of the same, under their hands and seals or under a
majority of them, to the county commissioners of the respective
counties of Gaston and Lincoln, who shall cause the same to be
recorded in the office of the register of deeds of the said counties,
and the said report establishing the said dividing line between the
counties aforesaid shall be considered evidence conclusive of the
dividing line between the counties in all matters in the several
courts of the State.
Sec. 2. That in the event the commissioners in either of the said
counties shall fail to appoint the commissioner provided for in
section one of this act, at the time hereinbefore specified, it shall
1909— Chapter 776—777. 1153
be the duty of the commissioners so failing to appoint the commis-
sioner or surveyor to appoint the same at the subsequent meeting
of the board next after the failure or as soon as it can be done.
Sec. 3. That the said commissioners are hereby empowered to Power to summon
„ . . ,, , , „ witnesses and
summon all citizens or other persons necessary to appear before administer oaths.
them to give evidence as to the location of the said line at any
point between the Catawba River, at the Mecklenburg County line
on the east, and the Cleveland County line on the west, and the
said commissioners are hereby empowered to administer oaths to
witnesses or for other purposes.
Sec. 4. That for their compensation the commissioners or sur- pay of commis-
veyors shall receive the sum of five dollars per day and all actual ^eyorl. ^""^ ^"^"
expenses, the cost of locating which line shall be equally paid by Cost borne by
., , . .. ^ . T T • 1 counties equally.
the counties ot Gaston and Lincoln.
Sec. 5. That the said commissioners shall, as soon after appoint- Tinie fpr
j_. J, ^■, \ . . £ . , begmning survey.
ment as possible, agree upon a time for the beginning of the neces-
sary survey, which time shall be such as will allow as early com-
pletion of the said survey as possible, not exceeding sixty days
from the ratification of this act.
Sec. 6. That this act shall be in force from and after its ratifi-
cation. ,
Ratified this the Sth day of March, A. D. 1900.
CHAPTER 777.
AN ACT TO ALLOW THE EX-SHERIFF OF RUTHERFORD
COUNTY TO COLLECT ARREARS OF TAXES.
The Geiteral Assembly of Xorth Carolina do enact :
Section 1. That E. A. Martin, ex-Sheriff of Rutherford County, Collection of
. , , i, . -. -. -I X ,, J. J. £ ^r^ arrears author-
is hereby authorized and empowered to collect taxes for the years [^ed.
one thousand nine hundred and five, one thousand nine hundred Years.
and six and one thousand nine hundi'ed and seven, under the rules
and regulations as are now or may be prescribed by law for the
collection of taxes.
Sec._ 2. That no person shall be compelled to pay any taxes under Persons not com-
the provisions of this act who will make an oath before anyone ^ *° ^^^ ■
authorized to administer oaths that the same has been paid, nor
shall any executor or any administrator be compelled to pay any
arrears of taxes under this act after their final settlement with
the clerk of the Superior Court.
Sec 3. That the authority given by this act shall cease on the Termination of
first Monday of December, one thousand nine hundred and ten.
Sec. 4. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1909.
Pub.— 73
1154
1909— Chapter 778—779.
Condemnation
authorized.
Procedure for
condemnation.
CHAPTER 778.
AN ACT TO EMPOWER CITIES AND TOWNS OF LEE
COUNTY TO CONDEMN LANDS FOR SEWERAGE SYS-
TEMS.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of securing suitable locatious
for pipe lines and. outfalls and disposal grounds and plants for
sewerage systems, the cities and towns of Lee County are hereby
empowered to condemn lands in the same manner and under the
same laws as are now provided for railroad purposes, or for the
condemnation of streets, as now provided by law.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
Appropriation for
distribution to
public schools.
Proviso: limit of
amount paid for
pensions.
CHAPTER 779.
AN ACT TO AMEND SECTION 4097 OF THE RE VI SAL OF 190.5
OF NORTH CAROLINA, RELATING TO THE APPROPRIA-
TION TO THE PUBLIC SCPIOOLS, AND ALSO CHAPTER 674
OF THE PUBLIC LAWS OF 1907, RELATING TO CONFED-
ERATE PENSIONS.
The General Assembly of North Carolina do enact:
Section 1. That section four thousand and ninety-seven of the
Revisal of one thousand nine hundred and five of North Carolina
be and the same is hereby amended, so as hereafter to read as
follows :
"Amiual Appropriations for Distribution. — One hundred and
twenty-five thousand, dollars ($125,000) is hereby appropriated
annually out of the State Treasury for the benefit of the public
schools, to be distributed to the respective counties of the State,
per capita as to school population, on the first Monday in January
of each year, using the school census of the previous scholastic
year as a basis of apportionment."
Sec. 2. That chapter six hundred and seventy-four of the Public
Laws of one thousand nine hundred and seven be and the same is
hereby amended as follows : Strike out all after the words "State
Treasury," in line twenty-seven of section one of said chapter, and
hereafter make the proviso read as follows: ''Provided, however,
that in no year shall the total amount paid for pensions exceed
four hundred and fifty thousand dollars ($450,000)."
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 780—781. 1155
CHAPTER 780.
AN ACT TO AMEND SECTION 2776 OF REVISAL OF 1905 AND
TO PRESCRIBE FEE OF REGISTER OF DEEDS FOR CAN-
CELLING MORTGAGES. DEEDS OF TRUST OR OTHER
INSTRUMENTS INTENDED TO SECURE THE PAYMENT
OF MONEY.
The General Assembly of 'Sorih Carolina do enact :
Section 1. That section two thousand seven hundred and
seventy-six of the Revisal of one thousand nine hundred and five
be and the same is hereby amended by adding after the last word
of said section the following : "For cancelling mortgages, deeds Fee for cantelling.
of trust or other instruments intended to secure the payment of
money, fifteen cents."
Sec. 2. That this act shall apply only to Tyrrell County. Application of act.
Sec. 3. That this act shall take effect from and after ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 781.
AN ACT PROVIDING FOR THE CONSTRUCTION AND KEEP-
ING IN REPAIR THE PUBLIC ROADS OF WILKES
COUNTY.
The General Assemhly of North Carolina do enact:
Section 1 That the Board of Commissioners of Wilkes County Levy of road tax
. ., ii ^ T autiionzed.
may, in their discretion, on the first Monday m the month ot June,
one thousand nine hundred and nine, and annually thereafter, levy
a tax of not less than ten cents and not more than thirty cents on
the one hundred dollars valuation of all property subject in said
county to taxation, which taxes shall be collected in the same man-
ner as the other taxes are collected for State and county purposes,
and shall be kept separate and apart in the tax books of said Tax kept separate
, , „ , , as road tuna,
county from other taxes and shall be known as the road fund, to
be used only in the construction, improvement and maintenance of
the public roads of said county and in the purchase of material.
implements, teams, wagons, camp outfits and quarters and stock-
-ades for the use and safe-keeping of the convict force.
Sec. 2. That there may be elected by said board of commission- Superintendent
ers, at their regular meeting in June, one thousand nine hundred °
and nine, and annually thereafter, a competent superintendent of
roads, skilled in the modern method of road building, and who Compensation.
shall be paid a just and reasonable compensation, to be fixed by i^^grnoval for
said board of commissioners, and said superintendent of roads may cause.
1156
1909— Chapter 781.
Vacancies.
Bond of super-
intendent.
Duty of superin-
tendent.
Monthly reports.
Semiannual
reports.
Guards and
employees.
Township super-
visors.
Compensation of
guards, employees
and supervisors.
Proviso: limit of
pay of super-
visors.
Prisoners worked
on roads.
at auy time be removed from office by said board of commissiouers,
after having been given ten days' notice and a hearing, when in tlie
opinion of said board there exists good and sufficient cause for such
action; and for malfeasance or misconduct in office he may be
removed by them without further notice, other than may be neces-
sary to give him a hearing; and said board of commissioners shall
have power to fill any vacancy in said office of superintendent of
roads that may occur, by removal, resignation, death or otherwise,
for the unexpired term of said office. And said superintendent of
roads, before entering upon the duties of his office, shall deposit
with said board of commissioners a good and lawful bond, to be
approved by said board of commissioners, in the sum of two thou-
sand dollars, as a guarantee of the faithful and honest discharge of
his office and. for the safe-keeping and return of all property en-
trusted to his care (unavoidable accidents only excepted), which
bond shall be duly registered in the office of the register of deeds
and filed for safe-keeping with the clerk of the Superior Court of
said countj^
Sec. 3. That it shall be the duty of said superintendent of roads,
subject to the approval of said board of commissioners, to super-
vise, direct and have charge of the building and maintenance of all
public roads in the county, including the supervision of the convict
force, and shall submit a monthly report concerning their work and
progress, and shall submit semiannually a report of the condition
of the public roads and bridges of the county, and also plans for
their improvement, which said semiannual report shall Jnclude an
inventory of the tools, implements, teams and other property and
equipments on hand belonging to the county for road purposes.
Sec. 4. That the said board of commissioners or the superintend-
ent of roads, subject to the approval of said board, may appoint,
with power to remove at any time, such guards or other employees
as may be needed to take charge of the convict force, and also one
person in each township of the county to be known as township
supervisor, who, acting under the direction of the superintendent
of roads, may supervise and direct the roads of his township. The
said guards, employees and township supervisors shall be paid such
per diem compensation for services rendered as may be fixed by
said superintendent of roads and approved by said board of com-
missioners : Provided, that the per diem of said supervisors shall
not exceed two dollars per day of ten hours each, with hands to
work not less than eight in number.
Sec. 5. That all persons confined in the county jail under a final
sentence on account of crimes or misdemeanors, or imprisonment
for nonpayment of costs or fines, or under the vagrant acts, all
insolvents who shall be imprisoned for nonpayment of costs and all
persons who should be sentenced to the State's Prison for a term of
not more than ten years shall be worked on the public roads of the
1909— Chapter 781. 1157
county, and all such convicts shall be clothed and fed and other-
wise cax'ed for at the expense of said road fund: Provided, that Proviso: physical
in case of serious physical disability, certified by the county physi- "'^ ' ' ^'"
cian, persons convicted in any court may be sentenced to the
State's Prison or county jail.
Sec. G. That the said board of commissioners are hereby author- Convicts from
ized to accept convicts from other counties of the State sentenced °^^^^ counties,
by a Superior Court judge, whenever iu'their judgment it is deemed
advisable to do so, and the cost of transporting and maintaining Cost of transpor-
such convicts or prisoners may be paid from said road fund. ttnance.'^'^ mam-
Sec. 7. That for the purpose of carrying out the provisions of Entry on land for
this act the said superintendent of roads and township supervisors, ™^'^'""^l-
after first consulting the owner or agent of the land from which
the material for repairing roads is gotten, are hereby authorized
to enter upon any lauds near to or adjoining any public roads, to
cut and carry away timber, except trees or groves on improved
land, planted or left for ornament or shade; to dig or cause to be
dug and carried away any gravel, sand, clay or stone which may
be necessary to construct, improve or repair said road, and to enter Drains and
on any land adjoining or lying near the road in order to make such *^''^^'^'^®-
drain or ditches through the .same as he may deem necessary for
the betterment of the road, doing as little injury to said land or
timber or improvements thereon as the nature of the case and the
public good will permit ; and the drains and ditches so made shall
be conducted to the nearest ditch, drain, water course or waste
ground, and shall be kept open by said township supervisor, and Forfeit for
shall not be obstructed by the owner or occupant of such lands or dUches.^ '^'^"^
or by any other person or persons, under penalty of forfeiting a
sum of money of not less than five dollars nor more than ten
dollars or imprisonment or work on the roads in the county for not
less than ten nor exceeding twenty days for each and every of-
fense, which said penalty shall be enforced and collected by said
board of commissioners in the manner proscribed by law for the
enforcement and collection of other penalties for violation of the
law ; and said penalties, when collected, shall be paid over to the Penalties to use of
county treasurer and credited to the said road fund. ''"^^ ^""^'
Sec. 8. That if any owner of any lands or agent of such owner Accounts for
having in charge lands from which timber, stone, gravel, sand ™^t^"^l-
or clay was taken, as aforesaid, shall present an account of the
same to the superintendent of roads or to the townshii) supervisor
or to said board of commissioners, it shall be the duty of said
board to pay a just and reasonable price for the same ; and any Right of appeal,
owner, agent or agents of such owner shall have the right to
appeal from the action of said board to the Superior Court.
Sec. 9. That the said superintendent of roads shall have power Powers of super-
to locate, relocate, widen or otherwise change any part of any ioca"kfg"or chang-
public road of the county when in his judgment such location, re- '"^ roads.
1158
1909— Chapter 781.
Survey.
Notice to land-
owners.
Obstruction to
survey or open-
ing of road a
misdemeanor.
Punishment.
Obstruction to
change of road a
misdemeanor.
Punishment.
Proviso: pro-
cedure for assess-
ment of damages.
Proviso: right of
appeal.
Roads on town-
ship lines.
Road orders.
Apportionment of
funds.
Approval of false
account a misde-
meanor.
Punishment.
locatiou or change will prove advantageous to public travel ; and
in relocating and changing roads now in use, or opening new roads,
the said board of commissioners shall cause the county surveyor
or a civil engineer to make survey of the proposed change of the
old road or the new road opened, and if the said board shall adopt
such survey they shall give notice to the owner or owners of the
land that they have adopted such survey or surveys, and there-
upon the same is hereby condemoied for the use of the county for
a pyblic road ; and any person who shall obstruct the county sur-
veyor or civil engineer in making a survey for the changing of the
road or the opening of a new road shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined or imprisoned, or both,
in the discretion of the court ; and any person or persons who
shall obstruct anyone authorized by this section in opening said
change of road or new road shall be guilty of a misdemeanor, and
on conviction thereof shall be fined or imprisoned, or both, in the
discretion of the court ; and it is hereby made the duty of the
solicitor to prosecute all offenses against the provisions of this
section: Provided, that if any person be aggrieved, he may, within
six months after said change of road or a new road has been
opened and completed, apply to the clerk of the Superior Court,
who shall appoint a jury, to consist of five freeholders, to assess
the damages, and the said jury determining said damage shall
take into consideration the benefits made to the property and the
damages sustained by the property, subtract one from the other,
and the result shall be their verdict, and said damages, if allowed,
shall be paid out of the general funds of the county: Provided
further, the person aggrieved shall have the right of appeal to
the Superior Court.
Sec. 10. That in case any public road shall be the dividing line
between two or more townships, it shall be the duty of the town-
ship supervisors of the respective townships so divided to appor-
tion the said road between the different townships in a just and
equitable manner.
Sec. 11. That all disbursements of said road fund shall be made
by order upon the county treasurer, issued by said board of com-
missioners, the superintendent of roads and township supervisors,
and no order issued by said superintendent and township super-
visors shall be paid unless approved by said board of commission-
ers ; ;ind said board of commissioners, in the disbursement of said
road fund, shall deal in an equitable manner with all townships
of the county ; and any superintendent of roads or township super-
visors who shall, under any pretense whatever, approve any order
for material not received or services not rendered, shall be guilty
of a misdemeanor and shall be fined and imprisoned at the discre-
tion of the court.
1909— Chapter 781. 1159
Sec. 12. That the width of the public roads of the county shall Width of roads.
be thirty feet, whenever practicable, and in no case shall they be
less than sixteen feet in width.
Sec. 13. That it shall be the duty of said board of commission- Beginning of
ers to commence all work for the macadamizing or permanent im- P^rmanen
provement of public roads of the county at the corporate limits
of either the town of Wilkesboro or North Wilkesboro, and radi- Extent,
ate from the said corporate limits for distances of not less than
two miles, selecting the most important roads so radiating from
said limits, and when any road shall be so selected the worlv on
said road shall be continuous until completed for said distance of
two miles.
Sec. 14. That it shall be the duty of the township supervisors Meetings of town-
to meet on the first Saturday of March and the fii-st Saturday of ^'"^ supervisors.
September of each year, in the courthouse in the town of Wilkes-
boro, at the hour of ten o'clock A. M., to receive instructions from
said superintendent of roads, who shall preside at such meetings,
upon the best methods of coustniction and the keeping in repair
of the public roads of their respective townships, and for the
discussion of any other matters appertaining to their duties as
supervisors ; and any supervisor who shall fail to attend such
meetings may be removed by the said board of commissioners or
by said superintendent of roads, unless a good and valid excuse be
given for such absence.
Sec 15. That all able-bodied male persons, except those who Persons subject
reside in incorporated towns, between the ages of twenty-one and ^° ^'^^^ ^^^^'
forty-five years of age, shall be required, subject to the order of
the township supervisors of their respective townships, to work on
the public roads, but no person shall be compelled to work more Road duty.
than six days in one year. The times when said township super-
visors may summon said persons to work upon the public roads
shall be prescribed by the board of commissioners of said county.
Payment to the township supervisor of seventy-five cents per day. Commutation.
payable on or before the day of working said roads, shall excuse
anyone from working on the public roads. Anyone failing to Failure to dis-
work or pay as above, when summoned by the supervisor of his a m^fdemeanOT!^
township, shall be guilty of a misdemeanor and shall be fined not Punishment.
exceeding ten dollars or imprisoned not exceeding ten days.
Sec. 1G. That all laws or parts of laws in conflict with the pro- When act
visions of this act are hereby repealed, and this act shall be in ®^^'=^'^®-
full force and effect on and after the first Monday in the month
of June, one thousand nine hundred and nine, for the entire county
of Wilkes.
Ratified this the 8th day of March, A. D. in09.
1160
1909— Chapter 782.
CHAPTER 782.
Officers to collect
and pay over fees
Salary of sheriff.
Allowances.
Salary of register
of deeds.
Allowances.
Salary of clerk of
superior court.
Salary of county
treasurer.
Salary of tax
collector when
sheriff fails to
qualify.
Premiums on
bonds.
Officers to collect
and pay over.
AN ACT TO FIX SALARIES FOR CERTAIN PUBLIC
OFFICERS IN PITT COUNTY.
The General AsseuiMy of North Carolina do enact:
Section 1. That the sheriff, register of deeds, Superior Court
cleric and treasurer of the county of Pitt shall not hereafter col-
lect or retain for their own use any fees, commissions, emolu-
ments or other compensation for their services other than is here-
inafter mentioned, but they shall demand, collect and receive all
fees, commissions, emoluments and other pay which is now or may
hereafter be allowed by law to sheriffs, clerks, registers of deeds
and treasurers, and shall account for and pay over the same, as
hereinafter directed.
Sec. 2. That the said sheriff shall receive a salary of three thou-
sand two hundred and fifty dollars per annum and no other com-
pensation whatever, except such fees as now are or may be
allowed by law to sheriffs for the seizure or destruction of illicit
stills and necessary expenses for conveying prisoners to jail in
other counties and to the State's Prison.
Sec. .3. That the said register of deeds shall receive a salary of
two thousand six hundred dollars and no other compensation, ex-
cept such as may be allowed him by the board of county commis-
sioners for copying any of the old record books of deeds and con-
veyances.
Sec. 4. That the said clerk of the Superior Court shall receive
a salary of two thousand dollars and no other compensation, ex-
cept what may be allowed to him by the Superior Court for serv-
ices as referee.
Sec. 5. That the said county treasurer shall receive a salary of
nine hundred dollars and no other compensation whatever.
Sec. 6. That whenever the sheriff of the county shall fail or
neglect to execute the bonds required of him by law for the col-
lection of taxes, and it shall become necessary to appoint a tax
collector, the board of county commissioners shall fix and deter-
mine the salary of such tax collector, and the same shall be de-
ducted from the salary herein allowed to the sheriff.
Sec. 7. That should any of the aforesaid officers prefer to exe-
cute their official bonds in some bonding or security company
authorized by the laws of this State to execute such bonds, they
may do so, and the costs thereof shall be paid by the county out
of the fund hereinafter created.
Sec. 8. That all fees, commissions, profits and emoluments of
any kind, except those hereinafter excepted, which are now or
may hereafter be allowed by the general laws of this State to
similar officer.?, shall be faithfully collected by the aforesaid
sheriff, register of deeds, clerk and treasurer, and by them paid
1909— Chaptek 782. 1161
over to the couuty treasurer on the first Monday in each mouth, Monthly settle-
rnGnts
and at the same time they shall file with the board of county com- itemized state-
missioners an itemized statement of the same, duly subscribed and "^e^*^s.
sworn to by them. The board of county commissioners shall ap- Audit of accounts.
point some member of the board or other suitable person to audit
and approve the monthly reports of said officers, who shall have
the right and power and it shall be his duty to examiue all papers
and books of every kind and description kept by and in the custody
of said officers, and require a full and complete itemized statement,
to be filed with him for the use of the board, of all fees, profits
and emoluments received or which ought to have been received
by them, which reports shall be recorded by him monthly in a Reports recorded,
book to be kept by the board for that purpose ; that the board of Pay of auditor,
county commissioners are authorized to pay, out of the moneys
received by virtue of this act, as compensation for such services
a sum not to exceed twenty dollars per month, as in their judg-
ment may seem right and proper.
Sec. 9. That the salaries herein provided for shall be paid by Payment of
the county treasurer, upon warrants issued by the board of county salaries.
commissioners in favor of said officers, in monthly installments :
Provided, that said salaries may be paid in warrants of irregular Proviso: irregular
amounts, according to the needs of said officers, but shall never ^™ounts.
exceed for the year the annual salary herein fixed.
Sec. 10. That all moneys paid to the county treasurer by virtue Moneys kept
of this act shall be by him kept separate and apart from all other separate,
funds in his hands, and shall be known and designated as the
bond fund, which fund, after the payment of the aforesaid sala-
ries and the costs of the official bonds of the aforesaid officers,
shall be used solely and exclusively for the payment of the inter-
est on the outstanding county bonds issued for the erection of
bridges, and any surplus remaining shall be kept for a sinking u.se of surplus.
fund for the payment of said bonds when tliej' become due.
Sec. 11. That the said sheriff, register of deeds, clerk and treas- Officers to per-
urer shall perform all the duties imposed upon them by law, and ^°^™ fiuties.
shall receive no other compensation or allowance whatever than
that above mentioned for any extra or additional services ren-
dered to the county. State or other governmental agencies, and Liability for
they shall be liable to all the pains and penalties which are or
may be prescribed by law for failure to perform the duties of
their several offices.
Sec. 12. Any officer herein mentioned who shall willfully fail Failure to collect
or refuse to collec-t the full fee, connnission or emolument of any ^^ '"'^ emeanor.
kind belonging to his office shall be guilty of a misdemeanor.
Sec. 1.3. That this act shall be in full force and effect from and When act
after the fourth day of December, one thousand nine hundrefl and ^ ^^ '^^'
ten.
Ratified this the Sth day of March, A. D. 1900.
1162
1909— Chaptek 783—784—785.
Prohibition.
Misdemeanor.
Punishment.
CHAPTER 783.
AN ACT FOR THE RELIEF OF RILEY HILL BAPTIST
CHURCH.
The General Assemhly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to sell or
give away any cider, wine or other intoxicating drink within a
mile and a half of Riley Hill Baptist Church, in Little River
Township, Wake County, North Carolina, during any day on which
religious or social services are held at said chux'ch.
Sec. 2. That any person violating this act shall be guilty of a
misdemeanor, and upon conviction shall be fined or imprisoned
in the discretion of the court.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
Law extended.
CHAPTER 784.
AN ACT TO INCREASE THE PAY OF JURORS IN GRANVILLE
COUNTY TO TWO DOLLARS PER DAY.
The General Asscmhly of North Carolina do enact:
Section 1. That section two thousand seven hundred and ninety-
eight be and is hereby amended by inserting in line nine, between
the words "in" and "Greene," the word Granville.
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 785.
AN ACT TO CORRECT THE CALLS IN LAND GRANT IN
ASHE COUNTY.
The General Asscmhlj/ of North Carolina do enact:
Section 1. That grant Number Five Thousand and Fifty-one. is-
sued to George E. Miller, of Ashe County, on December the
thirteenth, one thousand eight hundred and fifty-two, be changed
as follows : Insert in line four and after the words "Peak Creek"
1909— Chapter 785—786. 1163
the following : "Begiuniug on the northeast corner of the three- Correction,
hundred-and-ninety-five-and-oue-half-acre tract ; deed by John L.
Miller to George E. Miller."
Sec. 2. That this act shall not interfere with vested rights. Vested rights.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 786.
AN ACT TO AUTHORIZE THE ROAD COMMISSIONERS OF
MONROE TOWNSHIP, IN THE COUNTY OF UNION, TO IS-
SUE BONDS FOR THE PURPOSE OF IMPROVING THE
PUBLIC ROADS OF SAID TOWNSHIP.
Whereas Monroe Township, in the said county of Union, has by Preamble,
convict labor graded the larger part of the public roads within
said township, and it appears necessary and expedient to finish
grading all of the roads within said township and to macadamize
them ; and it further appears necessary, in order for said township
to finish said work, to issue bonds to provide for available funds :
now, therefore.
The General Assembly of ~Nortli Carolina do enact:
Section 1. That the board of road commissioners in Union Bond issue
County, having charge of the road work in Monroe Township, authorized.
is hereby authorized and empowered to issue bonds in the name
of Monroe Township, in the county of Union, State of North Caro-
lina, in such denominations and forms as it may determine, to the Amount.
amount not exceeding twenty-five thousand dollars (.$25,000), pay-
able at such times and in such amounts as the said board of I'oad
commissioners may prescribe : Provided, that the time of payment Maturity,
of such bonds shall not be less than twenty years nor more than
thirty years from their date : Provided further, that said bonds Proviso: payment
may be made payable in the sums of five thousand dollars (.$.5.000 1. '" ""stallments.
annuallj^ at and after the expiration of twenty years from their
date.
Sec. 2. That the said bonds shall bear interest at a rate, to be interest,
determined by the said board of road commissioners, not greater
than six per cent per annum, and the interest shall be made pay-
able annually or semiannually, as the board may prescribe.
Sec. 3. That the said bonds shall be signed by the chairman of .Authentication,
said board of road commissioners, attested by the clerk or secre-
tary of said board, and sealed with the corporate seal of said
board, and shall have interest coupons attached thereto, which Exemption from
said bonds and their coupons shall be exempt from county taxa- *^°""'y taxation.
1164
1909— Chapter 786.
Coupons receiv-
able for taxes.
Special tax.
Proviso: limit of
rate.
Proviso: consti-
tutional equation.
Proviso: specific
appropriation.
Proviso: sinliing
fund.
Special tax.
Rate.
Constitutional
equation.
Appropriation of
tax.
Responsibility.
Question sub-
mitted to voters.
Notice of election.
Law governing
election.
Proviso: new
registration.
tiou until after they become due and payable, and the coupons
shall be receivable in payment of county taxes ; that for the
purpose of paying said cohpons as they become due, it shall be
the duty of the board of county commissioners for the said county
of Union, and they are hereby empowered so to do, to levy and
have collected, as all other taxes for said county of Union are
tevied and collected each year, sufficient special tax upon all sub-
jects of taxation in Monroe Township which are now or may here-
after be embraced in the subject of taxation: Provided, that the
total rate of taxes for these purposes shall never exceed twenty-
five cents on each one hundred dollars' worth of property; and
Provided further, that the constitutional equation shall be ob-
served : Provided further, that the taxes provided or levied fop
the payment of interest on said bonds shall be used for no other
purpose ; and it shall be the duty of the county treasurer, upon
the order of the chairman of said board of road commissioners,
to pay off said coupons, at their maturity, from the taxes received
for said purpose, and, after said coupons are paid and taken up,
to cancel the same and report not less than twice each year to
the said board of road commissioners the number and amount of
coupons canceled; and Provided further, it shall be the duty of
said board of county commissioners, at the expiration of eighteen
years of the existence of said bonds, to provide for a sinking fund,
in order to pay off and discharge the said bonds as they mature ;
and it shall be the duty of said board, and it is hereby authorized
and empowered, to levy and have collected a special tax sufficient
for said purpose, not exceeding one dollar on each one hundred
dollars' w^orth of property, and provided that the constitutional
equation shall be observed, and the fund so collected shall be used
for the purpose of paying off and discharging said bonds and for no
other purpose, except that in event there should be a surplus it
shall be turned over to the road fund of said township, to be
used in improving the roads of said township.
Sec. 4. That the purchaser of said bonds or any part of them
shall not in any event be required to see to the application of the
funds derived from the sale of said bonds.
Sec. 5. That before any of the bonds hereinbefore provided for
shall be issued, the question of issuing the same shall first be
submitted to the qualified voters of said Monroe Township, after
thirty days' notice in some newspaper published in the city of
Monroe, in said county, at an election to be held under the same
rules and regulations as are now prescribed by law for general
elections in the Revisal of one thousand nine hundred and five,
which provides for elections, and the amendatory acts thereto :
Provided, that there shall be a new registration for said town-
ship before said election, and such notice that the election shall be
held shall set forth the objects for which said bonds are to be
1909— Chapter 786—787. 1165
issued, amount of same, the rate of interest, the time when they
mature, and the rate of tax to be levied and collected to pay said
coupons. Those qualified voters approving the issuing of such Ballots,
bonds and the levying and collecting of taxes to pay the same
shall deposit in a separate ballot box a written or printed ballot
with the word "Approved" thereon, and those desiring to dis-
approve the same shall deposit a like ballot with the word "Dis-
approved" thereon. If at such election a majority of such voters Bonds issued by
shall vote "Approved," then the said board of road commissioners "^'^•'^^'^^^^'^^ ^''^■
shall issue the bonds provided for in such notice, and the said
board of county commissioners shall levy and order the collect-
ing of the taxes therein named and authorized by this act. Such Successive
elections may be held from time to time, as the board of county ^ ^^ '°'^^'
commissioners may determine, until a majority of the qualified
voters of said Monroe Township shall vote "Approved"': Provided, Proviso: limit on
lioicever, that not more than two such elections shall be held in ""'"''^r.
any one year. That the said board of road commissioners may Sale of bonds,
sell and issue said bonds to the amount of five thousand dollars
($5,000) per annum, or in larger sums per annum if they deem
expedient. The selling and issuing of same, as to the amount per
annum, not less than five thousand dollars, shall be within the
discretion of the said board of road commissioners.
Sec. G. That all laws and clauses of laws in confiict with this act
are hereby repealed.
Sec. 7. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 787.
AX ACT SUPPLEMENTAL TO AN ACT TO ESTABLISH A
SPECIAL CRIMINAL COURT FOR THE COUNTY OF NEW
HANOVER AND TO PRESCRIBE THE JURISDICTION
THEREOF, RATIFIED ON THE FIRST DAY OF MARCH,
1909.
The General Assemhly of 'North CaroUna do enact:
Section 1. Amend section three of "An act to establish a special Verbal ameud-
criminal court for the county of New Hanover and to prescribe '"^'^''
the jurisdiction thereof," ratified on the first day of March, one
thousand nine hundred and nine, by striking out, in third line,
the word "eleven" and inserting therein the word "ten."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 1909.
1166
1909— Chapter 788—789—790.
Compensation
authorized.
CHAPTER 788.
AN ACT AUTHORIZING THE COMMISSIONERS OF RICH-
MOND COUNTY TO COMPENSATE THE SHERIFF FOR
EXPENSES INCIDENTAL TO HOLDING COURTS.
The General Assembly of North Carolina do enact:
Section 1. That the commissiouers of Richmond County are
hereby authorized and directed to pay the sheriff of said county,
deputies, criers, etc., reasonable and fair compensation for serv-
ices rendered and expenses incurred on account of courts held in
said county.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
Allowance of
compensation
directed.
CHAPTER 789.
AN ACT RELATIVE TO COMPENSATION OF THE CLERK OF
THE SUPERIOR COURT OF RICHMOND COUNTY FOR
KEEPING MINUTES OF THE COURTS OF SAID COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That section one, chapter six hundred and ninety-
nine. Public Laws of North Carolina, session of one thousand nine
hundred and three, be amended by inserting the words "and are
hereby directed" between the words "power" and "to," in line two
of said section.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 790.
AN ACT TO REPEAL CHAPTER 61, PUBLIC LAWS OF 1S89,
IN RELATION TO ROAD CERTIFICATES AND THE
GRANTING OF LAND IN JACKSON COUNTY.
The General Assembly of North Carolina do enact:
Law repealed. Section 1. That chapter sixty-one, Public Laws of one thou-
Revisal to apply, sand eight hundred and eighty-nine, be and is hereby repealed, and
that chapter thirty-seven of the Revisal of one thousand nine hun-
dred and five, and amendments thereto, shall apply to all land
hereafter entered or granted in Jackson County.
Sec. 2. This act shall be in force and effect from and after its
ratification.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 791—792—793. 1167
CHAPTER 791.
AN ACT TO AMEND CHAPTER 20, PUBLIC LAWS 1907, RE-
LATING TO REPAIRS OF PUBLIC ROADS OF FORSYTH
COUNTY.
The General Assemmy of North Carolina do enact:
Section 1. That section ten of chapter twenty of Public Laws
of North Carolina of one thousand nine hundred and seven be
amended by changing the period at the end of said section to a
colon and adding the following words: "Provided, that no super- f™J^^«^^f '^^^'^'^t
visor shall do or contract for any repair work not recommended
on a previous report of such supervisor and approved by the board
of road commissioners, unless such repairs be necessary in order
to prevent the road from becoming dangerous to travel before the
next regular meeting of said board."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 792.
AN ACT RELATIVE TO THE COMPENSATION OF THE
TREASURER OF RICHMOND COUNTY.
The General Assembly of North Carolina do enact:
Section 1. Tliat chapter five hundred and sixty-six of the Pub- AUowance
lie Laws of North Carolina, session one thousand nine hundred
and five, be amended by adding at the end of section three the
words "that the commissioners of said county may allow two and
one-half per centum."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 793.
AN ACT TO AMEND SECTIONS 3045, 3058, 3457, 4440, 4442,
4444, 4457, 44G0 AND 4.508 OF THE RE VI SAL OF 1905, RE-
LATING TO THE PUBLIC HEALTH.
The General Assembly of North Carolina do enact:
Section "l. That section three thousand and forty-five of the inspections of
Revisal of one thousand nine hundred and five be amended by in- ^^^ ^^
serting after the word "method," in line twenty-eight, the words
1168
1909— Chapter 793.
Reports of
inspections.
Board of healtli
to liave care and
oversight of
waters.
Examination of
waters, sources
and surroundings.
Expert
assistance.
Rules and
regulations.
Failure to comply
with rules and
regulations mis-
demeanor.
Punishment.
Consultation and
advice.
Notice of plans
to board of health.
Contracts not
entered into.
Misdemeanor.
Punishment.
"scope and detail," and by adding at tbe end of said section three
thousand and forty-five the following: "Full reports, in duplicate,
of all such inspections shall be made promptly to the secretary
of the State Board of Health and their accuracy certified by the
affidavit of the inspector or such officer or person as the said sec-
x'etai-y may direct."
Sec. 2. That section three thousand and fifty-eight of said
Revisal be amended by adding thereto, as subsections (a), (6)
and (c), the following:
"(a) The State Board of Health shall have the general care and
oversight of all inland waters, and shall, from time to time, as it
may deem advisable, cause examinations of said waters and their
sources and surroundings to be made, for the purpose of ascer-
taining whether the same are adapted for use as water supplies
for drinking and other domestic purposes or are in a condition
likely to impair the interests of the public or of persons lawfully
using the same, or to imperil the public health. For the purpose
aforesaid it may employ such expert assistance as may be neces-
sary. The said board shall make such rules and regulations as in
its judgment may be necessary to prevent contamination and to
secure such purification as may be required to safeguard the pub-
lic health. Any individual, firm, corporation or municipality, or
the person or persons responsible for the management of the water
supply, failing to comply with said rules and regulations shall be
.guilty of a misdemeanor, and upon conviction shall be fined or im-
prisoned, or both, at the discretion of the court.
"(?>) The said board shall 'from time to time consult with and
advise the boards of directors of all State institutions, the authori-
ties of cities and towns, corporations or firms already having or
intending to introduce systems of water supply, drainage or sewer-
age as to the most appropriate source of supply, the best practical
method of assuring the purity thereof or disposing of their drain-
age or sewage, having regard to the present and prospective
needs and interests of other cities, towns, corporations or firms
which may be affected thereby. All such boards of directors,
authorities, corporations and firms are hereby required to give
notice to said board of their intentions in the premises, and to
submit for its advice outlines of their proposed plans or schemes
in relation to water supply and disposal of sewage; and no con-
tract shall be entered into by any State institution, city or town
foi' the introduction of a system of water supply or sewage dis-
posal until said advice shall haA'e been received, considered and
approved by said board. Violation of the provisions of this sub-
section (&) shall be a misdemeanor, and upon conviction those
responsible therefor by neglect of duty shall be fined not less than
fifty dollars nor more than two hundred dollars, at the discretion
of the court.
1909— Chapter 793. 11G9
"(c) That for the purpose of carrying out the general provi- Certified plans
sions of the said section three thousand and fifty-eight, as set be fifed.^^^'' °
forth in subsections (a) and (&), every municipal or private cor-
poration, company or individual supplying or authorized to sup-
ply water for drinking or other domestic purposes to the public
shall file with the secretary of the State Board of Health, within
ninety days after receipt of notice from said secretary, certified
plans and surveys, in duplicate, pertaining to the source from
which the water is derived, the possible sources of infection
thereof, and the means in use for the purification thereof, in
accordance with the directions to be furnished by the said secre-
tary. Failure to file said plans and surveys, as required in this Failure misde-
subsection (c), shall be a misdemeanor, and upon conviction those
responsible therefor by neglect of duty imposed thereby shall be
fined not less than fifty nor more than one hundred dollars, at the Punishment.
discretion of the court ; and every delay of one calendar month Separate offenses.
after the expiration of the said ninety days shall be a separate
offense."'
Sec. .3. That section three thousand four hundred and fifty-
seven of said Revisal be amended by adding thereto as subsection
(a) the following:
"(a) That for any violation of this section or of the laws re- solicitors to
lating in any way to the public health it shall be the duty of the Prosecute,
solicitors of the several judicial districts, upon complaint of the
board of health, or of any of its officers, or of any individual
injured or likely to be injured, to institute a criminal action
against the person, firm, corporation or municipality charged with
such violation in their respective districts, and prosecute the
same."
Sec. 4. That .section four thousand four hundred and forty of
said Revisal be amended by striking out all after the heading and
substituting in lieu thereof the following: "The State Board of Organization of
Health shall have a president, a secretary (who shall also be treas-
urer) and an executive committee, said executive committee to Powers and duties
have such powers and duties as may be assigned it by the board coimnutee^^
of health. The president shall be elected from the members of Election of
' president.
tiie board and shall serve six years. The secretary-treasurer shall Term.
be elected from the registered physicians of the State and shall ficatiori^andtenn
serve six years. The executive committee shall be composed of ?f ^ecretary-
•^ ^ treasurer.
the president and the engineer member of the hoard, e.r officio. Executive
and one other member of the board, to be elected from those com-
posing it. The executive office of the board shall be in the city Executive office
of Raleigh and the secretary shall reside there. The secretary tecreUry^"^^ °
shall be the executive officer of the board, and shall, under its Executive office.
direction, devote his entire time to public-health work and shall state health
' oflictir
be known as the State Health Officer. He shall receive for his compensation.
services such yearly compensation as shall be fixed by the board.
Pub.— 74
1170
1909— Chapter 793.
Special assistant.
Salaries.
Pay of board.
Meetings outside
of state.
Meetings of
executive
committee.
Proviso: county
superintendent
of healtli.
Salary.
Appropriation.
Emptying bowel
discharges with-
out disinfection
misdemeanor.
Punishment.
Penalty when
discharge emptied
on waterslied.
not to exceed three thousand dollars and his actual traveling and
hotel expenses when engaged in the work of the board. The board
may in its discretion elect as a special assistant to the State
Health Officer, for the antituberculosis work, the secretary of the
State Association for the Pre%'ention of Tuberculosis, at an annual
salary not to exceed six hundred dollars. The members of the
board shall receive no pay, except that each member shall receive
four dollars a day and necessary traveling and hotel expenses
when on actual duty in attending the meetings of the board or of
the executive committee or in pursuing special investigations in
the State ; but when attending important sanitary meetings be-
yond the limits of the State, the number of delegates thereto being
limited to one, in addition to the secretary, only actual traveling
and hotel expenses shall be allowed. These sums shall be paid
by the treasurer on authenticated requisition, approved and signed
by the president."
Sec. 5. That section four thousand four hundred and forty-two
of said Revisal be amended by adding thereto the following: "The
executive committee shall meet at such time as the president of
the board may deem necessary, and he shall call such meetings
through the secretary."
Sec. 6. That section four thousand four hundred and forty-four
of said Revisal be amended by adding thereto the following : "Pro-
vided, that if the sanitary committee of any county shall fail to
elect a county superintendent of health within two calendar months
after the time set in section four thousand four hundred and
forty-one of said Revisal for such election, the State Board of
Health shall appoint a registered physician of good standing, resi-
dent in the said county, who shall serve the remainder of the reg-
ular two-year term, and shall fix his compensation, to be paid by
the said county, in proportion to the salaries paid by other coun-
ties for the same service, having in view the amount of taxes col-
lected by the said county."
Sec. 7. That section four thousand four hundred and fifty-seven
of said Revisal be amended by striking out, in line two, the word
"two" and inserting in lieu thereof the word "six."
Sec. 8. That section four thousand four hundred and sixty of
said Revisal be amended by adding thereto as subsection (a) the
following :
"(o) Any .householder in whose family there is to his knowl-
edge a person sick of cholera or typhoid fever, who shall permit
the bowel discharges of such sick person to be emptied without
first having disinfected them according to instructions to be ob-
tained from the attending physician or the county superintendent
of health, shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than two nor more than twenty-five dollars
or imprisoned not less than ten nor more than thirty days. In cases
C
1909— Chapter 793—794 — 795. 1]71
where sucli uudisinfected discharges are emptied on the \Yater-
shed of any stream or pond furnishing the source of water supply
for any public institution, city or town, the penalty shall be a fine
of not less than twenty-five nor more than fifty dollars or impris-
onment for not more than thirty days. And any physician attend- Failure of physi-
iug a case of cholera or typhoid fever who refuses or neglects to rectionsViisde-
give the proper instructions for such disinfection as soon as the meanor.
diagnosis is made shall be deemed guilty of a misdemeanor, and Punishment,
upon conviction shall be fined not less than ten nor more than
fifty dollars."
Sec. 9. That section four thousand five hundred and eight of Disinfection in
.,„.,, , •, , . i- j?j. i. III J ■ V case of tubercu-
said Revisal be amended by inserting after the word "mention, josis and tyjihoid
in line eight, the words "or of tuberculosis or typhoid fever." fever.
Sec 10. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 794.
AN ACT RELATIVE TO ADVERTISEMENT OF PUBLIC
SALES.
The General Assembly of North Carolina do enact:
Section 1. That whenever in a statute or a written instrument Publication once
it is stipulated that an advertisement of a sale shall be made for
any certain number of weeks, a publication once a week for such
a number of weeks so indicated shall be held and deemed to be :i
sufficient compliance with the aforesaid requirement, unless con-
trary provision is expressly made by the terms of such instru-
ment.
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 795.
AX ACT TO PREVENT THE INDISCRIMINATE MANUFAC-
TURE AND SALE OF DUPLICATE SWITCH-LOCK KEYS.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to make, Manufacture
, , . ^ sale or Kif t of
manufacture, sell or give away to any other person any duplicate duplicate
key to any lock used by any railroad company in this State on its unlawful.
117^ 1909— Chapter 795—796—797.
Exception. switches or switch tracks, except upon the written order of that
officer of such railroad company whose duty it is to distribute and
issue switch-loclv keys to the employees of such railroad company.
Misdemeanor. Any person violating the provisions of this act shall be guilty of
Punishment. a misdemeanor and shall be fined or imprisoned, or both, in the
discretion of the court.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1900.
Newspaper
publicafion.
CHAPTER 796.
AN ACT TO AMEND SECTION 1708, REVISAL OF 1905, RELA-
TIVE TO ADVERTISING LANDS FOR SALE.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand seven hundred and eight,
Revisal of one thousand nine hundred and five, he amended by
adding at end of said section the words "or in any county adjoin-
ing said county."
Sec. 2. This amendment shall apply to Graham County only.
Sec. 3. All laws in conflict wuth this act are hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 797.
AN ACT FOR THE RELIEF OF THE GARDENER OF THE
CAPITOL SQUARE.
The General Assembly of North Carolina do enact:
Rate of pay. Section 1. Amend section two, chapter eight hundred and thirty,
Public Laws of North Carolina, session one thousand nine hun-
drefl and seven, by inserting after the word "building," in line
nine of said section, the following: "and gardener of the Capitol
Square."
Sec 2. That this act shall be in force from and after its ratifi-
cation.
Ratified tliis the Sth day of March. A. D. 1909.
1909— Chaptek T9S— 799— 800. 1173
CHAPTER 798.
AN ACT TO AID THE LAW SCHOOL OF THE UNIVERSITY
OF NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. That the Secretaiy of State is hereby authorized and Laws and reports
directed to send to the law department of the University of North
Carolina two sets of North Carolina Reports and two sets of the
Laws of North Carolina, as complete as may be had from the re-
ports and laws on hand.
Sec. 2. That this act shall be in effect from and after its ratiti-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 799.
AN ACT TO REPEAL CHAPTER TT:*. OF THE PUBLIC LAWS
OF 1907, RELATIVE TO THE PUBLIC ROADS OF ALEXAN-
DER COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That chapter seven hundred and seventy-three of the Law repealed.
Public Laws of one thousand nine hundred and seven be and the
same is hereby repealed.
Sec. 2. That this act shall be in force from and after the thirty- When act
first day of May, one thousand nine hundred and nine. effective-
Ratified tins the Sth day of March. A. D. 1909.
CHAPTER 800.
AN ACT TO ABOLISH THE SPECIAL PROVISIONS IN THE
REVISAL OF 1905, RELATING TO NEGOTIABLE INSTRU-
:MENTS MATURING ON SATURDAY, AND TO AMEND SEC-
TIONS 2284 AND 2296 OF THE REVISAL OF 1905 FOR THAT
PURPOSE.
The General Assenihly of North Carolina do enact:
Section 1. That all of section two thousand two hundred and Special provisions
thirty-four of the Revisal of one thousand nine hundred and five '^'^''*^^ ^ '
after the word "day," in line five, to the end of said section, be
and the same is hereby repealed, and that the words "when Satur-
day is not a holiday presentment for acceptance may be made be-
1174
1909— Chaptek 800—801.
Difference
abolished.
fore twelve o'clock ou that day," be and the same are hereby
stricken out of section two thousand two hundred and ninety-six
of the Revisal of one thousand nine hundred and five.
Sec. 2. There shall be no difference between Saturday and any
other secular or business day, as far as negotiable instruments are
concerned.
Skc. 3. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec. 4. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 801.
AN ACT TO REGULATE THE SETTING AND FISHING NETS
IN NEUSE AND TRENT RIVERS.
Stationary or
dutch nets in
Neuse and Trent
rivers.
Dutch nets in
Neuse river.
Proviso: when
section effective.
Misdemeanor.
Misdemeanor.
Punishment.
The General Asse)nblij of North Carolina do enact:
Section 1. That no person or association of persons shall set
or place or cause to be set or placed any stationary, set or dutch
nets in either Neuse or Trent rivers above the point where the
said Neuse and Trent rivers confluctuate.
Sec. 2. That no person or association of persons or corporation
shall set, cause to be set, fish or cause to be fished, use or cause
to be used any dutch net, pound net or other stationary trap net
or seine of similar description, by whatever name known, in the
waters of Neuse River above Wilkinson's Point, on Pamlico side :
Provided, that this section shall not take effect or be in force un-
til January the first, one thousand nine hundred and ten.
Sec. 3. That any person or association of persons setting or
placing any nets, as described in section one of this act, on any
day or part of a day, above the point where the said Neuse and
Trent rivers confluctuate, shall be guilty of a misdemeanor.
Sec. 4. That any person or association of persons or corporation
setting or placing or causing to be set or placed any nets, as
described in section two of this act, on any day or part of a
day, above Wilkinson's Point, in Neuse River, shall be guilty of
a misdemeanor.
Sec 5. That any person or association of persons or corpora-
tion violating the provisions of this act shall upon conviction be
fined fifty dollars or imprisoned thirty days for each and every
violation of this act.
Sec. 6. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 7. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. 1909.
1909— Chapter 802. ll'i(5
CHAPTER 802.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF BUNCOMBE COUNTY TO CONSTRUCT A BRIDGE
ACROSS THE FRENCH BROAD RIVER.
The General Assembly of North Carolina do enact:
Section 1. That for the purpose of providing for the construe- Special bridge
„ ,„. .J, •••i commission.
tion of a bridge across the French Broad River in the vicinity
of the present Smith's bridge, between the city of Asheville and
West Asheville, in the county of Buncombe, the following named
persons, to-wit, George S. Powell, W. T. Weaver, M. L. Reed, John
Y. Jordan, Judson E. Morgan, Henry Clay Blackstock, V. S.
Lusk, T. F. Rowland, R. I. Wilson, J. N. Morgan, J. P. Ward,
W. M. Worley, F. P. Roberts, J. F. Mills and W. G. Candler are
hereby appointed as a special commission, to be known as the
Special Bridge Commission of Buncombe County. George S. Chairman.
Powell shall act as chairman of said commission, and said com- commission to
mission shall assemble and organize upon the written notice of JJJ.||';^f^^';'
said chairman, a majority of said members to be and constitute a Quorum.
quorum for the transaction of business.
Sec 2 That it shall be the duty of said commission to con- Commission to
^. , .,., „ ,, consider necessity,
sider the advisability, necessity and practicability ot the con- advisability and
struction of a bridge across the French Broad River in the vicinity f^^f^gL';^'^'^'*^ °^
of said Smith's bridge, and to that end shall carefully inquire into Matters for
and ascertain the proximate cost thereof, the proper location of inquiry.
the same within the provisions of this act, the public good to be
subserved thereby, the advisability and necessity thereof ; the pro-
portion of the cost which should be borne by the county and the pro-
iwrtion which should be paid by any other persons, firm or corpora-
tion that may be interested in or benefited by the construction of
such bridge, and any and all other matters and things that may
be pertinent to consider in regard thereto, it being the intention
of this act to vest in said commission full power to inquire into
and ascertain and consider the whole question of the construction
of such bridge within the provisions of this act ; and when said Report to
commission shall have fully considered the same, it shall be their em o y ac s.
duty to make up and deliver to the Board of Commissioners of
Buncombe County a report, in writing, signed by them or a ma-
jority of them, said report to embody all the facts which may be
found relating to the construction of such bridge, with a recom- Recommenda-
mendation to the said board of commissioners as to whether or *'°"-
not it, in the opinion of said special commission, is advisable that
the county shall undertake the construction thereof; and if the
construction of such bridge shall be recommended by said special
commission, then upon what terms as to the proportion of the
cost thereof shall be paid by the county: ProridCfL that the find-
ings of said commission shall not conflict with any of the par-
ticular provisions of this act.
1176
1909— Chapter 802.
County commis-
sioners may ap-
prove or reject
report.
Construction of
bridge authorized
Bond issue
authorized.
Amount.
Maturity.
Authentication.
Interest.
Denomination.
Bonds not to be
sold below par.
Cost to county.
Proceeds a sepa-
rate fund.
Separate
accounts.
Special tax.
Sec. 3. That upon the filing of such report with the Board of
Coiumissioners of Buncombe ('ounty, said comiuissioners shall
approve or reject the same, as they may see proper; but if said
report shall recommend the construction of said bridge, and the
same shall be approved by the board of county commissioners,
then said board of county commissioners are hereby empowered to
build and construct said bridge across the French Broad River
at Asheville, pursuant to the findings of said special commission;
and for the purpose of building and constructing said bridge, and
for securing all necessary lauds and rights of way for approaches
thereto, the said Board of Commissioners of Buncombe County
are hereby empowered to issue and sell the bonds of said county,
not to exceed fifty thousand dollars, said bonds to mature at thi>
end of twenty years from the date thereof. The said bonds shall
be denominated bridge bonds, and shall be signed by the chairman
of the board of county commissioners of said county and shall
have affixed thereto the common seal, and the interest thereon
shall not exceed five per cent per amium, payable semiannually,
and they shall be in denomination of not less than one hun-
dred nor more than one thousand dollars each, payable at such
place as said board of commissioners shall designate therein, and
shall have attached thereto coupons representing the semiannual
payments of interest due upon each of said bonds, the said coupons
to be identified by numbers corresponding to the bonds to which
they are attached, and shall have such other evidences of identity
as the board of commissioners may prescribe.
Sec. 4. No bond issued under the provisions of this act shall be
sold or otherwise disposed of for less than par value, and said
bonds shall be sold by the county commissioners of Buncombe
County, without any cost to the county except the actual and neces-
sary expenses incurred in the printing and sale thereof, and all
coupons on said bonds for interest which by the terms of such
coupons shall have already accrued prior to the date of sale shall
be detached before said bond is delivered.
Sec. 5. That the proceeds arising from the sale of the bonds
issued hereunder shall constitute a separate and distinct fund, to
be applied and appropriated to the respective purposes for which
they are issued, as provided herein, and all other moneys which
may be derived from an.v other sources for the construction of
said bridge shall constitute a portion of the same fund, and the
said board of commissioners shall cause the treasurer of said
county to open and keep a separate account of said funds, so that
the condition thereof may at all times be shown.
Sec. 6. That in order to pay the interest on any bonds which
the said board of county commissioners may issue and sell for
the purpose herein mentioned, and the principal thereof as it may
mature, the board of commissioners of said county shall annually
1909 — Chapter 802. 1177
levy a special tax sufficieut to meet the demauds, said tax tu be
levied aud collected as other county taxes, aud shall be imposed
upon all property which is now or hereafter may be subject to
taxation under the laws of this State for county purposes, and
it shall be collected by the otficers charged with the collection of
other county taxes, who shall in respect thereto be liable, offi-
cially as well as personally, to all the requirements of law now
prescribed or which may hereafter be prescribed for the faithful
collection and paj'ment of other taxes.
Sec. 7. That the Board of Commissioners of Buncombe County Power to acquire
are further empowered to acquire, by purchase or by condemna- '^^ ^^ '^' ^®"
tion proceedings, or otherwise, as hereinafter provided, all such
lands as may be necessary as a site for said bridge, and all such
rights of way, easements aud lauds as may be necessary for proper
approaches thereto, any payment that may be necessary on account
thereof to be made out of the funds derived from sources men-
tioned in this act ; and they shall have authority, in the event
that said .special commission hereby created shall so find and
recommend, to construct said bridge at such place as may be de-
termined upon, under the provisions of this act. and of such
size and dimensions as may be recommended by said special com-
mission and as in the judgment and discretion of said board
of county commissioners may seem best ; said bridge, however, not Specifications as
, , , . , , ... ^- 4. • • 1V.1 I • c to dimensions and
to be less than twenty-tour feet in width, exclusive of necessary location.
walkways, and not to be located by said special commission or said
board of county commissioners witliin .... feet of the southwest
end of the present Smith's bridge, such distance to be measured
with and in the present macadam road leading down the French
Broad River from said bridge or in the road leading to West
Asheville; and Proiided further, that said bridge shall be located
at such point as to allow a convenient access and use by that
portion of the people of the said county now using the road by
way of Emma to Asheville, as well as the other sections of said
county using the road to Asheville running through West Ashe-
ville.
Sec. 8. That iu the event said board of commissioners shall Condemnation of
undertake the construction of said bridge under the provisions " '^^
of this act, and shall be unable to agree with the owner or
owners as to the value of any property which may be necessary
for the construction of the said bridge and the approaches thereto,
or for any other reason are unable to obtain the title to such
property, said board of commissioners shall be emi»owered to in-
stitute proper proceedings for the purpose of condemning said
lands, such proceedings to be prosecuted in the manner now pro-
vided by law for condemnation of land for road purposes in said
county; and the cost of the same, together with the damage which
shall be awarded to such owners for any lands so taken, shall be
paid by said board of commissioners out of said fund.
1178
1909— Chapter 802.
Contracts with
railroad com-
pames.
Procedure for
ascertainment of
benefits.
Cause to be heard
on pleadings and
evidence.
Jury of view.
Report.
Consideration of
report.
Sec. 9. That the said board of commissioners shall have full
power and authority to contract and agree with any railroad com-
pany over whose tracks any bridge herein provided for shall be
constructed, and in particular with the Southern Railway Com-
pany, for the payment to said county of such sum as may
be agreed upon by said board of connnissioners and such com-
panies for the special benefit to be received by such company by
reason of the construction of said bridge above said railroad
tracks, so as to divert traffic from the grade crossings thereof,
and the relief resulting to said railway on account of the heavy
traffic and congested conditions at the present road crossings at
or near the eastern end of said Smith's bridge; and in the event
said board of commissioners and such railroad company thus
deemed to be benefited shall be unable to agree as to the amount
of such benefits, then said board of commissioners shall be em-
powered to proceed to ascertain the same by a special proceeding
for that purpose, to be instituted by said board and in their names
in the Superior Court of Buncombe County, North Carolina, before
the clerk thereof, the same to be commenced by summons issued
at the instance of said commissioners, served on such company
or companies whose railroad is or may be benefited by the con-
struction of the said bridge, and made returnable as summons in
other special proceedings ; and on or before the return day thereof
the said commissioners shall file a petition in such cause, signed
and verified as in other special proceedings, containing a descrip-
tion of the railroad or other roads which said commissioners allege
have been benefited or will be benefited by the construction of
said bridge, the amount of benefits claimed by said commission-
ers, and that they have been unable to agree with such railroad
companies or other company as to the amount of such benefits,
and the petition may be answered by such company or companies
as may be defendant in such proceedings, under the rules and
regulations provided for answering in any other special proceed-
ing. After such answers shall have been filed, or after the time
shall have elapsed for filing the same, it shall be the duty of the
clerk of the Superior Court of said county to hear said cause on
the pleadings filed therein, and such other evidence as may be
offered; and if he shall so adjudge, said clerk shall appoint five
commissioners, whose duty it shall be to view the premises, take
into consideration the construction of the bridge and approaches
thereto, and to consider and find what benefits, if any, will be
conferred or have been conferred upon said company or companies
by said improvement, and within ten days after their appoint-
ment to report their proceedings in writing to said court, setting
forth the amount, if any, which they or the majority of them
shall find that said company or companies will be or have been
benefited by said bridge, which report, if no exceptions be filetl
thereto within ten days, shall be considered by said clerk and
1909 — CiiAPTEK 802. 1179
confirmed or modified, as iu cases of condemnation of lands for
railroad purposes, as prescribed iu chapter sixty-one of the Re-
visal of one thousand nine hundred and five; and in case said Exceptions,
board of commissioners or the said railroad companies whose rail-
road or property is alleged to be benefited by said improvement
shall be dissatisfied with the amount of said benefits as found
and set out in said report, then in that case the parties so dis-
satisfied may file exceptions to the amount of said benefits so
assessed in said proceedings, and thereafter the proceedings in Further pro-
CGcdinffs
said cause shall be as prescribed by chapter sixty-one of the
Eevisal of North Carolina of one thousand nine hundred and five,
and that the final judgment rendered in said proceedings, if in
favor of said board of commissioners, shall have the same force
and effect that other judgments rendered by said court have, and
shall be enforced iu the same manner as such other judgments, and
the funds derived therefrom shall be received by said board of
commissioners and used by them for the construction of said
bridge and approaches thereto, as the funds derived from the sale
of said bonds herein mentioned.
Sec. 10. That pursuant to sections one. two and three of this Specifications of
. -lY^j.^. 1,1, , ,.-,.ji . -, construction as to
act, and after the same shall have been complied with, said com- railways and
missioners are empowered to so construct and build said bridge street railways.
and the approaches thereto as to provide a way for the construc-
tion and operation thereon of a single-track railway, street rail-
way or other road for carrying passengers and freight, and shall Conveyance of
be empowered to convey to any person, firm, company, corpora- "^ ^ ^ ° ^^y-
tion or association proposing or desiring to operate such railway
or street railway over said bridge a right of way thereon and
thereover, and for such compensation and upon such terms and
for such length of time as may be recommended by said special
commission, approved by said board of county commissioners and
agreed upon between said board of county commissioners and such
person, firm, company, corporation or association proposing to
operate such railroad, and with sufh provisions for maintaining
said bridge as may be agreed upon; and said i>oard of commis-
sioners may prescribe such other rules and regulations and make
such further stipulations in regard thereto as they may deem
proper and as may be agreed upon between them and such persons,
firms, companies, corporations or associations proposing to operate
such railway across said bridge, and the sum so received by said
board of commissioners for said right and privilege shall bo
turned into the fund which may be derived from the sale of bonds
under this act, and shall be used for the construction of said
bridge and its approaches.
Sec. 11. Said board of commissioners shall have full power and Power to accept
,. . , , ^ . , . donations,
authority to accept from any person or persons or corporation,
municipal or otherwise, any lands, moneys, property or things
of value whatsoever for the purpose of aiding in the construction
of said bridge and its approaches.
1180
1909— Chapter 802—803.
Sum to be raised
from Beneficiaries.
Vacancies filled
in bridge com-
mission.
Maintenance of
bridge.
Sec. 12. That before said board of commissioners shall proceed
to construct said bridge or shall in any way or to any extent
obligate the county on account thereof, it shall be necessary to
secure from the various sources mentioned herein, other than the
sale of bonds of said county, at least the sum of twenty thou-
sand dollars to be used in cuustructing said bridge, it being the
intention hereof that the Southern Railway or such other road as
may be benefited by the construction of said bridge, together with
such pei'sons, firms, companies, corporations or associations as
may desire to operate a street railway or other road for carrying
passengers and freight across said bridge, and any other persons
or corporations, municipal or otherwise, that may be interested
therein, shall contribute at least said sum to the construction
of such bridge, and as much in addition thereto as may in the
discretion of said special commission and the board of county com-
missioners be just and proper.
Sec. 13. That if any member of said special bridge commission
herein named shall neglect or refuse to act or shall die or resign
before he or they shall have fully completed the duties herein re-
quired, then and in that event the board of county commissioners
shall appoint some suitable person or persons to fill any vacancies
so arising.
Sec 14. That upon the completion of said bridge and its ap-
proaches, they shall thereafter be kept up and maintained as other
public bridges and the public roads of said county, and any funds
remaining under the control of said board of commissioners derived
from the sources hereinbefore mentioned and not used in ttie con-
struction of said bridge and its approaches shall be used by said
board of commissioners for the maintenance and repair of said
bridge and the public roads of said county.
Sec. 15. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1009.
CHAPTER 803.
AN ACT TO AUTHORIZE THE BOARD OF COMMISSIONERS
OF RANDOLPH COUNTY TO USE CERTAIN FUNDS FOR
BUILDING A NEW COURTHOUSE AND BRIDGES.
Preamble.
Preamble.
Preamble.
That whereas the General Assembly of one thousand nine hun-
dred and seven authorized the Board of Commissioners of Ran-
dolph County to work the convicts of said county in constnicting
a new courthouse ; and whereas they have built a new courthouse
and used convicts in constructing the same ; and whereas, in levy-
ing the taxes in one thousand nine hundred and seven, an order
1909— Chaptek 803—804—805. 1181
was made to levy certain taxes for the road fund, by error, when
it was intended to be levied for convict force ; and whereas the Preamble.
freshet in August, one thousand nine hundred and seven, washed
away several bridges in said county ; and whereas it appears that Preamble.
over three thousand dollars was remaining to the road fund in
December, one thousand nine hundred and eight, and has not yet
been used : therefore,
The General Assembly of North Carolina do enact:
Section 1. That the Board of Commissioners of Randolph Expenditure
authorized.
County be and they are hereby authorized to expend the sum of
three thousand dollars on hand December first, one thousand nine
hundred and eight, as a road fund for the purpose of constructing
bridges in said county or for paying on the construction of a new
courthouse in said county.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March. A. D. 1909.
CHAPTER 804.
AX ACT TO ALLOW THE ATTORNEY-GENERAL A LAW
CLERK.
The General Assciiihlii of Xorth Carolina do enact:
Section 1. That the Attorney-General shall be allowed a law Law clerk allowed.
clerk, to be appointed by him. at a salary of fifteen hundred dol- Salary.
lars per annum, payable monthly.
Sec 2. This act shall be in force from and after its ratification.
Ratified this the 8th day of March. A. D. 1909.
CHAPTER 805.
AN ACT TO CHANGE THE LINE BETWEEN DANBURY AND
SNOW CREEK TOWNSHIPS, STOKES COUNTY.
The General Assemhly of North Carolina do enact:
Section 1. That the dividing line between Danbury Township Line removed.
and Snow Creek shall be and is hereby removed from its former
place and shall be as follows : Beginning at Moir's Ford, on Big Line as
-, ^ , , . ., ,,,, ,, „ -^ ., ,-,' established.
Snow Creek, and njnning up said creek to the mouth of Little
1182
1909— Chapter 805—806.
Suow Creek ; theuce up Little Suow Creek to Peter's Creek Towu-
ship line ; and that the section of territory covered by the removal
of said line shall be, after passing this act, a part of Danbury
Township.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 806.
AN ACT TO PLACE THE PUBLIC OFFICERS OF HENDER-
SON COUNTY ON SALARY AND TO REGULATE THE USE
AND MANAGEMENT OF THE COUNTY COURTHOUSE.
Salary of clerk of
superior court.
Clerk to collect
and pay over fees.
Monthly sworn
statements.
Salary of register
of deeds.
Sworn itemized
statement filed
monthly.
The General Assemhlp of ISlorth Carolina do enact:
Section 1. That the Clerk of the Superior Court of Henderson
County shall be paid an annual salary of one thousand five hun-
dred dollars in full compensation for all services rendered by him
in his said office, whether as clerk of the Superior Court, probate
judge or any other work done by him in or by virtue of his said
office, in lieu of the fees now allowed him by law or which may
hereafter be so allowed, which salary shall be paid by the treas-
urer of said county in monthly installments of one hundred and
twenty-five dollars, on the first Monday in each mouth; and the
said clerk shall continue to collect all fees, costs and commissions
as he has heretofore done and as are allowed by law, and he shall
pay over the same to the treasurer of said county monthly on the
first Monday in each month, and the said fees, costs and commis-
sions so collected and paid over by the said clerk shall be placed
to the credit of the general county funds ; and the said clerk shall
file with the county commissioners of the said county on the first
Monday in each montli a sworn statement of all such fees, costs
and commissions collected by him during the previous month.
Sec. 2. That the Register of Deeds of Henderson County shall
be paid an annual salary of one thousand two hundred dollars in
full compensation for all services rendered by him in his office or
by virtue thereof, including the making-up of the tax list, acting
as clerk of the board of county commissiouers, entry taker, and
every other act and thing done or required to be done under color
or by virtue of his office, in lieu of the fees, allowances or other
compensation whatsoever now allowed him by law or which may
be hereafter so allowed, which salary shall be paid in monthly
installments of one hundred dollars, on the first Monday in each
month, by the treasurer of said county. The said register of deeds
shall file a sworn itemized statement with the county commission-
1909— Chaptek 80C. 1183
ers of said county on the first Monday in each montli, showing all
fees and allowances, from what source soever connected with his
office, collected hy him during the previous month, and he shall
pay over and account for the same to the treasurer of said county ;
and the said register of deeds shall collect all fees and allowances Register to collect
as he has heretofore done and as are allowed by law or which ^^''®-
may hereafter be so allowed, and shall be responsible on his offi-
cial bond for all fees and allowances so collected or which by law
ought to have been so collected by him ; and the said register of Allowance for
deeds shall be allowed four hundred dollars per year for clerk "^*^^ ^^^^'
hire, or so much thereof as may be necessary : Provided, that he Proviso: allow-
shall be allowed no more for clerk hire than he actually spends for gxpendecf ^^*"^^^^
that purpose. All money paid over to the county treasurer by the
register of deeds, as above provided, shall be placed to the credit
of the county public-school fund and shall be apportioned to the
various school districts by the county board of education and ex-
pended by them as other public-school money.
Sec. 3. That the office of tax collector and treasurer of Hender- Office of tax col-
son County shall be and is hereby continued as one office, separate lfrCT°coTtiimld.^"
and apart from the sheriff's office, and the said tax collector and ^'^"^^'o" *" i^dg
and 1910.
treasurer shall be elected, as now provided by law, in the years
one thousand nine hundred and nine and one thousand nine hun-
dred and eleven. That at the general election in November, one Future elections.
thousand nine hundred and twelve, and bienniallj'- thereafter, said
tax collector and treasurer shall be elected as other county offi-
cers are elected in said county. The duties of said tax collector Duties.
and treasurer shall be in all respects the same as those now or
which may hereafter be provided by the general law of this State
for county tax collectors and county treasurers. That the said Beginning of
tax collector and treasurer shall enter upon the duties of his said ^ '
oflice on the first Monday in July after said election, and bienni-
ally thereafter ; that the tax collector and treasurer of said county salary,
shall be paid a salary of two thousand dollars per year in full
compensation for all services rendered by him in his said office, in
lieu of the commissions as now allowed him by law or which may
hereafter be so allowed ; and the said tax collector and treasurer
shall be paid his salary in equal monthly installments on the first
Monday in each month. The said tax collector and treasurer costs and fees to
shall account and pay over in his settlements with the county com- '^^ P^'^ ''^^''•
missioners all such sums as he may collect as costs or fees under
the provisions of the general law of this State. The said tax col- Monthly state-
lector and treasurer shall make monthly statements to the county '"*^"*'^-
commissioners on the fir.st Monday in each month, showing the
amount of money collected by him during the previous month, the
amount paid out by him during said previous month, and the
amount on hand, which statements may at the direction of the
county commissioners be published for the general information of
the people of the county.
1184
1900— Chaptek 80().
Salary of sheriff.
Fees allowed.
Sworn itemized
statements filed
monthly.
Allowance for
deputies.
Compensation for
care of court-
house and jail.
Inspection of jail
and courthouse.
Compensation of
health officer.
Rooms to be
provided for
officers.
Rooms in court-
house not to be
rented.
Misdemeanor.
Sec. 4. That the Sheriff of Henderson County shall be paid a
salary of one thousand dollars per year, and in addition thereto
shall be allowed fees, as now provided by law or which may hei'e-
after be so provided, for keeping the county .i:"iil, which said salary
shall be paid by the treasurer of the said county in equal monthly
installments on the first Monday in each month, in lieu of the
fees, costs and other allowances allowed by law or which may
hereafter be so allowed ; and the said sheriff shall make a sworn
itemized statement to the county commissioners on the first Mon-
day in each month, showing all fees, costs, commissions and other
allowances collected and received by him, from what source so-
ever, except from the jail, during the previous month ; and he
shall pay over on said first Monday in each month to the treasurer
of said county all such fees, costs, commissions and allowances
so collected by him or which by due diligence ought to have been
so collected ; and all moneys so paid over by said sheriff shall be
placed to the credit of the county funds. The said sheriff shall be
allowed oue deputy during the sittings of the Superior Courts of
said couut.v for the trial of civil cases and two deputies during the
sittings of said court for the trial of criminal cases, whose per
diem, not to exceed two and one-half dollars i>er day each, shall
be paid by the county treasurer upon proper claim, approved by
the county commissioners. It shall be the duty of the said sheriff
to attend to the heating and lighting of the courthouse and jail
and keeping the same in a neat, clean, sanitary condition, and for
this purpose the county commissioners may allow him as full com-
pensation for said services a sum not exceeding twenty-five dollars
per month, to be paid by the treasurer of said county on the first
^londay in each month, and the said commissioners shall pay no
other or further sum to any other person for the performance of
the said work.
Sec o. It shall be the duty of the health officer of Henderson
County to inspect the county jail and courthouse once in three
months, and to direct any measures of sanitation he may deem
necessary in said building, and the sheriff shall carry out any such
directions. For said services the said health officer shall be allowed
a reasonable compensation by the county commissioners.
Sec. 0. That the county commissioners of Henderson County
shall provide rooms or offices, on or before the first day of July,
one thousand nine hundred and nine, on the first floor of the court-
house in Henderson County, for the clerk of the Superior Court,
register of deeds, sheriff, tax collector and treasurer, road super-
visor, superintendent of public instruction and board of educa-
tion, the grand jury and county commissioners. No rooms in said
courthouse shall be rented to private individuals, firms or corpo-
rations for any purpose whatsoever, and the use of no room shall
be given to any person, firm or corporation for any other than
charitable or etlucational purposes. Any violation of the provi-
1909— Chapter 806. 1185
sions of this section is declared a misdemeanor, and any person or Punishment.
persons convicted therefor shall be fined in the discretion of the
court.
Sec. 7. That the county commissioners of said county shall, on Appointment of
the first Monday in June, one thousand nine hundred and nine, niSiee. '^°™"
and annually thereafter, appoint three intelligent, well-informed
and competent persons, two of whom shall belong to the opposite Political affilia-
political party from the said commissioners, who shall be recom- ^°"^'
mended by the county chairmen of the two political parties, as a
finance committee for said county, whose duty it shall be to meet Duties of finance
with the said commissioners on the day or days set for final an-
nual settlement with the various county officers, and to assist in
said settlement and to see that the same are properly made and a
proper and true record thereof be placed upon proper books kept
for that purpose. It shall be the further duty of the said finance Inspection of
^ , offices and books,
committee and they shall have power to inspect the ornces and
the books of all public officers of said county, and they shall report
the condition of all such offices and the books kept thei'ein to the
county commissioners. It shall be the further duty of the said Publication of
committee to make and publish the annual financial statement ment.
heretofore required to be made and published by the commission-
ers, and they shall have the same published by the person or per-
sons who will publish same for the lowest price, and said report
made by said finance committee to said commissioners shall be
published with said financial statement. For the services herein Pay of finance
required of the finance committee the members thereof shall be
paid the sum of two dollars per day for the days actually spent in
said work : Provided, that for the first twelve months after the Proviso: finance
ratification of this act C. M. Fletcher, H. W. Allen and W. S. committee named.
Young shall constitute the finance committee provided for in this
act.
Sec. 8. That this act shall be in force from and after the first When act
day of July, one thousand nine hundred and nine, except as to that ® ^^ '^^'
part referring to the salaries of the clerk of the Superior Court,
register of deeds, tax collector and treasurer and sheriff, and it
shall become effective and be in force as to said salaries on the
following dates, viz. : Clerk of Superior Court and register of
deeds, from and after the first Monday in December, one thousand
nine hundred and ten ; sheriff, from and after the first Monday in
December, one thousand nine hundred and nine, and tax collector
and treasurer, from and after the first Monday in July, one thou-
sand nine hundred and eleven ; and the said officers shall be paid
salaries, as hereinbefore provided, after the said above dates, in
lieu of fees, costs, commissions or other compensation.
Sec. 9. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Ratified this the 8th day of March, A. D. 1900.
Pub.— 75
1186
1000— Chapter 807—808.
CHAPTER 807.
AN ACT TO AUTHORIZE AND DIRECT SHERIFFS AND
OTHER OFFICERS TO SEIZE AND DESTROY DISTILLER-
IES AND APPARATUS USED IN THE MANUFACTURE OF
INTOXICATING LIQUORS IN VIOLATION OF THE LAWS
OF NORTH CAROLINA.
Sheriff anrl police
to search for and
seize distillery
and apparatus.
Apparatus and
material delivered
to county com-
missioners, con-
fiscated and
destroyed.
Liquors to be
seized and
destroyed.
Arrest of persons
found on premises.
Fee for seizing
distillery.
The General Assenihli/ of Nortli Carolina do enact:
Section 1. It shall be the duty of the sheriff of each county in
the State and of the ix)lice of each incorporated town or city in
the State to search for and seize any distillery or apparatus used
for the manufacture of intoxicating liquors in violation of the
laws of North Carolina, and to deliver the same, with any mate-
rials used for making such liquors found on the premises, to the
board of county commissioners, who shall confiscate the same and
shall cause said distillery to be cut up and destroyed, in their pres-
ence or in the presence of a committee of said board, and who
may dispose of said material, including the copper or other mate-
rial from the destroyed still or apparatus, in such manner as they
may deem proper.
Sec. 2. That it shall be the duty of said officers to seize and
then and there destroy any and all liquors which may be found at
such distillery, and to arrest and hold for trial all persons found
on said premises engaged in distilling or aiding or abetting in the
manufacture or sale of any intoxicating liquors.
Sec. .3. That for every distillery seized under this act the sheriff
or other police officer shall receive the sum of twenty dollars,
which sh.-Tjl be allowed by the commissioners of the county in
which the seizure was made.
Sec. 4. That all laws and clauses of 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 the Sth day of March, A. D. 1900.
CHAPTER 808.
AN ACT TO AMEND SECTION 3057 OF THE REYISAL OF
1905, RELATING TO THE STATE LABORATORY OF HY-
GIENE.
The General Assembly of North Carolina do enact:
Monthly exam- SECTION 1. That section three thousand and fifty-seven of the
ination of water t. • i ^ j., -..,,,
sold in packages Revisal of one thousand nine hundred and five shall be and is
and spring waters, hereby amended as follows : After the word "State," in line eight,
1909— Chapter 808. 11 ST
change the period to a semicolon and add the words "of all waters
sold in bottle or other package, and of all spring waters that are
maintained and treated as an adjunct to any hotel, park or resort
for the accommodation or entertainment of the public: Provided. Proviso: exam-
that in the case of springs in connection with hotels, parks or re- watOT^.k^rtn^'"^
sorts intermittently operated, examinations of the water shall be season,
made monthly during the period only that they are open for the
accommodation or entertainment of the public: but if upon the Examinations
examination of the water of any such spring it shall be found to ^^'^'^''^i^'. o/ ^vaters
, . . 1 r. - tound infected,
be infected or contaminated with intestinal bacilli or other im-
purities dangerous to health, examinations shall be made weekly
until its purity and safety are shown." After the word "people."
in line twenty-one, insert the following: ''Provided, that the said Proviso: tax on
annual tax for waters from springs or wells sold in bottle or other- "^""^ °' '^'^'^^'
wise shall be as follows: For springs or wells, the gi-oss annual
sales from which for the previous calendar year are less than two
thousand dollars and more than one thousand five hundred dollars,
fifty dollars; less than one thousand five hundred dollars and
more than one thousand dollars, forty dollars ; less than one thou-
sand dollars and more than five hundred dollars, thirty dollars :
less than five hundred dollars and more than two hundred and
fifty dollars, twenty dollars; and less than two hundred and fifty
dollars, fifteen dollars ; and for any spring maintained and treated Tax on springs
as an adjunct to any hotel, park or resort for the accommodation adjunct to resorts.
and entertainment of the public, fifteen dollars, and an additional
tax for water sold in bottle or other package from .said spring in
accordance with the above schedule. Every corporation, firm or Affi(ia\ it of sales,
person selling water in the manner set forth in this proviso shall
file with the treasurer of the State Board of Health, within sixty
days after the passage of this act and annually thereafter, in the
month of January, an affidavit as to the gross amount received
from sales of water for the previous calendar year, and upon this
affidavit the tax for the current year shall be based. Failure In Douhi.. tax for
so file said aflidavit within the time prescribed shall subject said affidavi't" ^'^
corporation, firm or person so failing to file said affidavit to
double tax for the current year. Failure to transmit sample Failure to trans-
within five days after receipt of sterilized bottle or container from ffi' •'^amplp mis-
., T , . ^ XT ■ .... . , demeanor.
the Laboratory of Hygiene shall be a misdemeanor, and upon con- Punishment.
viction shall subject the delinquent to a fine of five dollars. Trans- Transportation.
portation charges, by mail, shall be paid by the sender ; by express,
by the laboratory. When deemed advisable, the said Lalwratory Samples pur-
of Hygiene shall analyze samples purchased l)y it in the oi)en mar- ^lased in open
ket in lieu of those sent direct from the spring." Beginning witJi
the word "said." in line twenty-one. strike out the remainder of
the section and insert in lieu thereof the following: "The said tax Collection and
shall be collected quarterly by the sheriff, as other taxes, and shaH Payment of tax.
be paid by said sheriff directly to the treasurer of the State Board
of Health. The printing and stationery necessary for the labora- ftatlonlrv."''
1188
1909— Chapter 808—809.
Nonresidents
selling water to
obtain license.
License fee.
Proviso: evidence
of purity.
Publication as to
water found
dangerous to
health.
Result of analyses
forwarded to seller
of water.
Certificate and
publication after
water purified.
Proviso: thera-
peutic sterilized
waters.
tory shall be furnished upon requisition upon the State Printer."
And add the following : "Any person, firm or corporation not a
citizen of the State of North Carolina who shall sell or offer for
sale any water in bottle or other package for consumption by the
people of the State of North Carolina shall obtain a license from
the treasurer of the State Board of Health and shall pay for said
license the sum of sixty-four dollars per annum, or a less amount,
equal to the tax paid by springs of the same class within the
State, upon compliance with the conditions applying to them, paya-
ble in advance : Provided, that satisfactory evidence of purity fur-
nished by the State hygienic laboratories of other States agreeing
to reciprocate in this matter with this State shall be accepted in
lieu of the said license tax."
Sec. 2. If water sold by any person, firm, corporation or munici-
pality shall he discovered by three successive analyses made by
the State Laboratory of Hygiene to be dangerous to the public
health, publication of that fact shall be made in the monthly
bulletin of the State Board of Health. The result of said analyses
shall be immediately forwarded by mail to the person, firm, cor-
poration or municipality selling the water so analyzed. When
upon subsequent analysis the water shall be found to be no longer
dangerous to health, a certificate thereof shall be furnished the
person, firm, corporation or municipality offering the said water
for sale, and publication of the fact shall be made in the said
monthly bulletin: Provided, that this act shall not apply to thera-
peutic waters so medicated as to render them sterile, the question
of their sterility to be decided by the director of the State Labo-
ratory of Hygiene.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 809.
AN ACT AUTHORIZING AND EMPOWERING THE COMMIS-
SIONERS OF HAYWOOD COUNTY TO PURCHASE A CLOCK
FOR THE COURTHOUSE.
The General AssemWi/ of North Carolina do enact:
Purchase ordered. Section 1. That the commissioners of Haywood County shall
purchase a suitable and creditable clock, to be placed in the dome
of the courthouse in the town of Waynesville, Haywood County,
and the same shall be paid for out of the general fund.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 810—811—812. ' 1189
CHAPTER 810.
AX ACT TO AMEND SECTION 3769, RE VI SAL OF 1905.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand seven hundred and sixty- Law extended.
nine, Revisal of one thousand nine hundred and five, be and the
same is hereby amended by adding at the end thereof the word
"Mitchell."
Sec. 2. That all laws and parts 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 this the 8th day of March. A. D. 1909.
CHAPTER 811.
AN ACT TO PROTECT GROWING CROPS IN RICHLAND
TOWNSHIP, BEAUFORT COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be lawful for any landowner or duly KiUiag of birds,
authorized agent of any landowner in Richland Township, Beau- coon"destroyhig'
fort County, to kill any birds, squirrels or raccoon when the same crops legalized.
are found destroying any growing crops : Provided, this act shall Proviso: killing
be construed to only allow such killing within the boundaries of actually in" ulti-
the lands actually in cultivation. vation.
Sec. 2. All laws and clauses of laws in conflict with this act
are hereby repealed.
Sec. 3. This act shall be in force and effect from and after its
ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 812.
AN ACT TO AMEND SECTION 2798 OF THE REVISAL OF 1905.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand seven hundred and ninety- Law extended,
eight, Revisal of one thousand nine hundred and five, be amended
by inserting after the word "Gates" and l>efore the word "and." in
line eleven, the following: "Wilkes."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
1190
1909— Chapter 813—814.
CHAPTER 813.
AN ACT TO REGULATE PAY OF JURORS FOR DARE
COUNTY.
The Gcnerul Assemhly of Xorth Carolina do enact:
All jurors. Section 1. That the regular jurors for tbe Superior Court of
Dare County and all special veniremen and tales jurors in said
county shall be paid the sum of two dollars per day for each day's
service and the mileage already provided bj' law.
Sec. 2. That all laws and clauses of laws in conflict with this
act be and the same are hereby repealed.
Sec. ?>. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 814.
AN ACT AUTHORIZING THE COMMISSIONERS OF NASH
COUNTY TO ISSUE BONDS FOR CASTALIA TOWNSHIP
FOR THE PURPOSE OF AIDING IN THE CONSTRUCTION
OF A RAILROAD TO CASTALIA.
Purpose of bond
issue.
Bond issue
authorized.
Interest.
Denominations.
Maturity.
Authentication.
The Gcueral Asse7nNy of North Carolina do enact:
Section ]. That for the purpose of raising money to be donated
to some person or persons, firm or corporation who will build,
construct, maintain and operate a railroad from some point on the
Nashville and Spring Hope branch of the Atlantic Coast Line
Railroad Company or from some point on the Seaboard Air Line
Raihvay Company between the town of Henderson, North Caro-
lina, and Littleton, North Carolina, to the town of Castalia, in
Castalia Township, Nash County, North Carolina, the commission-
ers of Nash County are hereby authorized and empowered to issue
bonds to an amount not exceeding fifteen thousand dollars, pay-
alile at such time and place as they may designate. Said bonds
shall bear not exceeding six per cent interest per annum, which
interest shall be payable annually and which bonds shall have
coupons attached thereto for the amount of interest tliereon for
each year they have to run. The said bonds shall be in denomina-
tions and form as shall be determined upon by the said board
of county commissioners, and shall mature and be made payable
in not less than ten years nor more than thirty years from
the date of their issue, and shall be signed by the chairman of
the board of county commissioners and countersigned by the-
1909— Chapter 814. 1191
clerk of the board, and the said clerk shall keep a record of the Record of bonds.
number and amount of each class of bonds issued, the date of
issue, when the same matures, and to whom payable.
Sec. 2. That said bonds shall not be sold, hypothecated or Bonds not to be
otherwise disposed of for less than their par value, nor shall said specific
bonds nor their proceeds be used for any purpose other than the appropriation,
purpose mentioned in this act.
Sec. 3. That for the purpose of providing for the payment of Special tax.
the annual interest on said bonds, as well as the redemption of
the same at their maturity, the said Board of County Cornmission-
ers of Nash County shall, annually, at the time of levying other
county taxes, levy and lay a special and particular tax on all per-
sons, property and subjects of taxation which now are or may
hereafter be subject to taxation under the laws of North Carolina,
sufficient to meet the annual accruing interest on said bonds and to
create a sufficient sum, to be known as a sinking fund, to be
applied to the redemption of said bonds at or before their maturity ;
and that in the levying of the said tax a sufficient amount shall
be levied each year, in addition to the amount levied to meet the *
annual accruing interest on said bonds, so at the maturity of the
said bonds the said sinking fund, with whatever interest the same
may have earned, shall be sufficient for the payment and redeni])-
tion of said bonds. In the levy of the said special taxes on the Constitutional
property and poll the constitutional equation shall be adhered to, ^^^^ ^°"'
and shall apply only to Castalia Township, in the county of
Nash. The taxes provided for in this section shall be collected Collection of
in the same manner and at the sarhe time as the other taxes in ^^^^'
the said township are collected, and shall be accounted for and To be kept
kept separate and apart from the other county taxes, and shall gp^cmc*^"
be applied exclusively to the purposes for which they are collected, appropriation.
The commissioners may charge this fund with the expense of mak- Expense charged
ing out the said special tax list and the cost of collecting the "" '
same.
Sec. 4. That upon the petition of one-fourth of the qualified Petition for
voters of Castalia, Township the Board of County Commissioners ® ^*^^'°"-
of Nash County, at any time after thirty days from and after the
ratification of this act, shall order an election to be held in Election to be
said township, on a day to be designated and fixe^l in the petition ordered,
asking for the election, giving thirty days' notice i)receding said Notice of election,
election, and in said notice giving the time when and place where
said election shall be held, the object and purpose of this act, and
publishing said notice once a week for four consecutive weeks im-
metliately preceding said election in some newspaper published
in Nash County; that previous to said election an entire and new New registration,
registration shall be had of the voters in the said township ; that Law governing
the said registration and election shall be conducted under the ^ ^^ '°"'
same rules and regulations as I'egistration and elections are con-
1192
1909— Chapter 814.
Votes.
Use of proceeds
of bonds.
Proviso: guaran-
tee to be given.
Proviso: bonds to
express limitation
of liability.
Proviso: work to
be done before
donation.
Township
incorporated.
Corporate agents.
ducted for the election of uiembers of the General Assembly of
North Carolina. Those qualified voters who approve the provisions
of this act shall vote "Issue," and those who do not approve its
provisions shall vote "No Issue." If it shall appear from the re-
turns of said election that a majority of the qualified voters of the
said township have voted for "Issue," then the commissioners of
the said county shall issue the said bonds; but if it shall appear
from the returns of said election otherwise, then they shall not
issue them.
Sec. 5. That when the said bonds are issued and sold, the com-
missioners of the said county, or a committee appointed by them,
shall use the proceeds, by gift or otherwise, in aiding some person
or persons, firm or corporation who will give a good and suflicient
guarantee to said commissioners that he, they or it will construct,
maintain and operate a railroad to the town of Castalia from some
point on the Atlantic Coast Line Railroad at or between Nashville,
North Carolina, and Spring Hope, North Carolina, or from a point
on the Seaboard Air Line Railroad between Henderson, North
Carolina, and Littleton, North Carolina : Provided, in donating
the same, they require a sufficient guarantee that the said rail-
road will be constructed, maintained and operated, giving both
freight and passenger service, for such a period of time as the
commissioners may fix: Provided, however, that such bonds shall
express on their face that no part of the property or revenue of
the county of Nash shall be liable for the principal or interest
of said bonds, except the property of Castalia Township, as above
provided ; and Provided further that said bonds, nor any of them,
nor the proceeds thereof, shall be donated to the person or per-
sons, firm or corporation, as herein provided for, until the person
or persons, firm or corporation to whom said bonds or their pro-
ceeds are to be donated shall have acquired, by proper deed,
rights of way for said railroad through Castalia Township and
shall have graded and made ready for the laying with cross-ties
and rail the roadbed of the same.
Sec. 6. That for the purpose of this act, Castalia Township
is hereby declared a body politic and corporate, and is vested with
the necessary powers to carry out the provisions of this act, and
shall have all the rights and be sub.1ect to the liabilities in respect
to any right or cause of action growing out of the provisions of
this act, and the county commissioners are declared to be the cor-
porate agents of Castalia Township, so incorporated.
Sec. 7. All laws and clauses of laws in conflict with the provi-
sions of this act are hereby repealed.
Sec. 8. This act shall be in force from and after its ratification.
Ratified this the Sth day of March. A. D. 1009.
1909— Chaptek 815—816. 1193
CHAPTER 815.
AN ACT TO AMEND SECTION 3733 OF THE REVISAL OF
1905, IN REGARD TO PUBLIC DRUNKENNESS.
The General Assembly of Xorth Carolina do enact:
Section 1. That section three thousand seven hundred and Law extended,
thirty-three of the Revisal of one thousand nine hundred and five
be and the same is hereby amended by adding in line four of said
section, after the word "Jaclcson" and before the word "Ashe,"
the word "Swain."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March. A. D. 1009.
CHAPTER 816.
AN ACT TO DH'IDE THE BOARD OF COUNTY COMMIS-
SIONERS OF NEW HANOVER COUNTY INTO TWO
CLASSES.
The General Assembly of Xorth Carolina do enact:
Section 1. That at the general election to be held in the year Election of county
one thousand nine hundred and ten there shall be elected in the commissioners in
county of New Hanover by the duly qualified voters thereof five
members of the board of county commissioners, divided into two
classes, three of whom shall compose one class, whose term of Terms of three
office shall commence on the first Monday in December, one thou- commissioners,
sand nine hundred and ten, and expire at the end of two years
thereafter, or on the first Monday in December, one thousand nine
hundred and twelve, and two of whom shall compose another
class, whose term of office shall commence on the first Monday Terms of two
in December, one thousand nine hundred and ten, and expire four commissioners.
years thereafter, or on the first Monday in December, one thou-
sand nine hundred and fourteen ; that upon the expiration of the Terms of suc-
term of office of both classes of said commissioners their succes- cessors.
sors shall be elected to hold office four years and until their suc-
cessors are elected and qualified.
Sec. 2. All laws and parts of laws in conflict herewith are
hereby repealed.
Sec .3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. lf)Of>.
1194
1909— Chapter 817.
CHAPTER 817.
AN ACT TO ESTABLISH A REFORMATORY OR MANUAL-
TRAINING SCHOOL FOR THE DETENTION AND REFOR-
MATION OI' THE CRIMINAL NEGRO YOUTH OF THE
STATE.
Preamble.
Corporators.
Corporate name.
Corporate rights.
Power to purchase
land.
Children to be
received on or-
ganization of
school.
Keeping, mainte-
nance and control
of children.
Objects of ex-
penditure of
moneys received.
Accounts and
reports if aided
by state.
Whereas it appears to this General Assembly that there are in
this State many negro youths between the ages of seven and four-
teen years who violate the criminal law, and that while such
youths should be detained and punished and taught the doctrines
of religion, good morals and how to work, it would be to the best
interest of such youths and expedient that they be not associated
with older and. more hardened criminals, but that they should be
kept separate therefrom :
The General Assembly of North Carolina do enact:
Section 1. That Miss Nannie A. Foulks, Mrs. Susie B. Dudley,
Mrs. Pattie G. Shepherd, Mrs. Ophelia G. Griffin and Mrs. L. B.
Dellinger and sixteen others, to be chosen from the sixteen State
.iudicial districts, trustees, and their successors, be and they are
hereby incorporated itnder the name and style of the Foulks Re-
formatory and Manual-training School, by which name they may
sue and be sued, plead and be impleaded, hold, use and sell and
convey real estate, receive gifts and donations and appropriations,
and do all other things necessary and requisite for the purposes
of its organization, as hereinafter specified.
Sec. 2. That the said trustees are empowered to purchase, at
some suitable and convenient point in this State, not less than
twenty-five acres nor more than five hundred acres of land, whereon
to erect and operate a school for the training and moral and in-
dustrial development of the criminally delinquent negro childi'en
of the State ; and when such school shall have been organized the
said trustees may in their discretion receive therein such delin-
quent and criminal children under the age of fourteen years as
may be sent or committed thereto under any order or commitment
by the judges of the Superior Courts or the recorders or other
presiding officers of the city or criminal courts, and shall have the
sole right and authority to keep, restrain and control them during
their minority or until such time as they shall deem proper for
their discharge, under such proper and humane rules and regula-
tions as may be adopted by said trustees.
Sec. 3. That all moneys received by said trustees, by private
gifts, donations or otherwise, shall be expended in the establish-
ment, operation and maintenance of the school for the training
and the moral and industrial development of such delinquent chil-
dren and in securing homes for them : and in case the said trus-
tees receive or are allowed any State aid for said school it shall
1909— Chapter 817. 1195
be their duty to duly account for all moneys so received by them
and to make report of the manner of its expenditure and of the
work done by them, as hereinafter more particularly provided for.
• Sec. 4. That there shall be established and conducted on such Establishments
lands as may be owned in connection with said school such agri-
cultui-e. horticulture, workshops and other pursuits as said board
of trustees may deem expedient, so as to keep regularly at work
all able-bodied inmates.
Sec. 5. That all inmates shall, if possible, be taught the pre- Matters to be
cepts of the Holy Bible, good moral conduct, how to work and to ^^^^ ^'
be industrious.
Sec. 6. That the trustees herein named and the sixteen other classes and terms
persons shall be divided into three classes : °^ trustees.
(1) Miss Nannie A. Foulks and Mrs. Susie B. Dudley, to serve
for six years.
(2) Mrs. L. B. Dellinger and Mrs. Ophelia G. Griffin, for four
years.
f.S) Mrs. Pattie G. Shepherd, to serve for two years.
At the expiration of the terms of oflBce of each class of said .Appointment of
trustees, if the State shall at such time be appropriating to the sup- makef appropria-
port of the said institution a sum of not less than five thousand tio"-
dollars per annum, the Governor shall have the right to fill by
appointment two of the vacancies so occurring, and the board to
fill the other three by election of such persons as they may see fit,
and all vacancies in said board shall continue to be filled in the
above manner ; but in case the State shall refuse to appropriate
at least the aforesaid sum, then the State shall forfeit all rights
to appoint any trustees or require any account of statements as
herein provided, and said school shall then be governed by the
general laws applicable to charitable institutions of like character
not receiving State appropriations, and said board may fill all
vacancies therein by election. If, however, the General Assembly Meeting to be
shall at its present session of one thousand nine hundred and nine tailed if state
'- makes appropria-
vote an appropriation to said school, then it shall be the duty of tion.
the Governor to call, not later than the first day of September,
one thousand nine hundred and nine, a meeting of the trustees
herein named, at his office in Raleigh or at such place as he shall
designate, and at such meeting the said trustees shall proceed to Organization,
the election of a treasurer, superintendent for said school and
such other officers for said board and said school as they deem
proper. The twelve other trustees not herein selected shall he selection of addi-
selected in the following manner : If the General Assembly shall tional trustees.
make an appropriation to said school the said sixteen other trus-
tees shall be selected by the Governor from said sixteen judicial
districts, by and with the advice of the five trustees herein
named; but if the General Assembly shall refuse to vote such
appropriation, then the five trustees herein named shall have the
power and right to select the said eleven other trustees.
1196
1909— Chapter 817.
Treasurer aud
superintendent
to give bond.
Powers of
trustees.
Powers of super-
intendent.
Governor to visit
reformatory.
Jurisdiction of
board of public
charities.
Governor to make
proclamation.
Judges authorized
to sentence
offenders
to school.
Proviso: sentence
discretional.
Transfers from
prisons.
Inmates trans-
ferred to prisons.
Sec. 7. That the treasurer and superintendent shall, before re-,
ceiving any of said funds, malce a good and sufficient bond, paya-
ble to the State of North Carolina, in such sums as may be named
by the Governor aud approved by the State Treasurer.
Sec. S. That the said board of trustees shall have the manage-
meut aud control of said school, aud shall have authority to em-
ploy a super! iiteudeut aud such other assistants as they may deem
necessary, to fix their salaries^ to define their duties, to discharge
any employees and to make any and all rules and regulations as
they may deem necessary for the management and conducting
said reformatory uuder the provisions of this act and not incon-
sistent therewith.
Sec. 9. That the superintendent employed by the said board
shall have the right aud is hereby authorized to require obedience
from all the inmates of said school, and is hereby entrusted with
the authority for correcting and punishing any iumate thereof, to
the same extent as a parent may under the law impose upon his
own child, and the said trustees shall have the right to discharge
at any time said superiutendeut for cause.
Sec 10. That it shall be the duty of the Governor of the State
to visit said reformatory at least once in each j^ear, and oftener
if he deem it necessary, aud to make such suggestions to said
board of trustees as he may deem wise and for the best interests
of the said school or reformatory; aud the said reformatory shall
be at all times under the visitorial jurisdiction of the Board of
Public Charities of the State of North Carolina.
Sec. 11. That it shall be the duty of the Governor, wheu said
reformatory or school is ready to receive inmates, to make procla-
mation thereof, aud the judges of the Superior Courts, recorders
or other presiding officers of the city or criminal courts of this
State shall have authority and in their discretion to sentence to
said school all persons uuder the age of fourteen years convicted
upon indictment in any court of this State of any violation of the
criminal laws : Provided, that such judge shall be of the opiuion
that it would be best for such person and the community in which
such persbu may be convicted that such person should be so sen-
tenced.
Sec 12. That the Governor of the State may by order transfer
any person uuder the age of fourteen years from any jail, chain-
gang or penitentiary in this State to said reformatory.
Sec 13. That in event that it shall appear to said board of
trustees that any inmate of said school is or becomes ungovern-
able and is exerting an unwelcome influence over any other in-
mate, it shall be their duty to certify the same to the Governor
of the State, and he may order such iumate to the State's Prison
or to the jail or chaingang in the county in which such inmate
was convicted, where such person shall serve out his unexpired
term.
recommendations.
1909— Chapter 817. 1197
Sec. 14. That the officers of said school shall receive and take Duty of officers,
into it all children committed thereto by competent authority or
received therein as aforesaid, and shall cause all such children
in said school to be instructed in such rudimentary branches of
useful knowledge as may be suited to their various ages and
capacities. The said children shall be taught such useful trades children to be
and given such manual training as the board may direct ; and Mamjyfabor'
such children shall perform such manual labor as the principal or
other superintending officers, subject to the direction of said
board, may order.
Sec. 15. That the board of directors shall select a suitable place, Location,
outside of and away from any city, town or village, for the loca-
tion of said school upon the amount of land hereinbefore provided
for.
Sec. 16. That there shall be a joint committee of two members joint committee
from the Senate and three from the House appointed to investi- establfshment and
gate the best and most approved methods of establishing and con- management of
, , , . , reformatory.
ducting said reformatory and a manual-trammg school, and said Report and
joint committee shall file with the Governor their report, contain-
ing the result of their investigations and such recommendations
as they may see fit to make, not later than September first, one
thousand nine hundred and nine. The members of said committee Allowance to
shall be allowed a per diem of four dollars and mileage not ex- committee,
ceeding five cents per mile each way from their homes to the place
or places of meeting of such committee : Provided, that such time Limit.
of service be limited to ten days.
Sec. 17. Be it further enacted that said board of directors shall priority of
first establish and maintain such departments of said manual- dMwtments'' '^^
training school as shall be adapted to the use of such class of
boys as in the discretion of the board shall be most in need of
such care and training and will probably be most benefited
thereby. Any commitment under this act, whether by judge, court. Commitments
parent or other persons having in charge the child, shall be full. dete'nUon ^^^
sufficient and competent authority to the officers and agents of
said school for the detention and keeping therein of the child so
committed.
Sec. 18. Be it further enacted that the male and female sexes Sexes kept
be kept in separate apartments or buildings. separate.
Sec. 19. Be it further enacted that nothing contained in this act Provi.';o: power of
shall be construed to prevent the General Assembly from altering, ^^"^^^1 assembly,
changing and modifying the law and regulations governing said
school and its officers and directors in such manner and at such
time as to it may seem best.
Sec. 20. That this act shall be in effect from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1009.
1198
1909— Chapter 818.
CHAPTER 818.
AN ACT TO AMEND CHAPTER 432 OF THE PUBLIC LAWS
OF ie07, ENTITLED "AN ACT PROVIDING FOR THE BET-
TER CONSTRUCTION AND KEEPING IN REPAIR THE
PUBLIC ROADS OF WAYNE COUNTY."
Amount of bond
issue.
Law governing
election.
Proviso: appoint-
ment of election
officers.
Count and return
of vote.
Canvass of
returns.
Ballots.
Bond issue
ordered by ma-
jority of voters.
The General AssemhUj of Xorth Carolina (Jo enact:
Section 1. That section one of chapter four hundred and thirty-
two of the Public Laws of one thousand nine hundred and seven
be and the same is hereby amended by striking out, in line eight
of said section one, the words "two hundred and fifty thousand
dollars" and inserting in lieu thereof the words "two hundred
thousand dollars," and by adding at the end of said section one
the following subsections as subsections (a), (b), (c) and (d) :
"Subsec. (a). That the election held under the provisions of this
act shall be held and conducted in the same manner as is now or
may hereafter be prescribed by law for holding elections for mem-
bers of the General Assembly: Provided, however, that said board
6i county commissioners shall appoint the registrars of election
and judges and inspectors of election and any other election offi-
cers; that the registration and challenge of voters shall be con-
ducted in the same manner as is now provided or may hereafter be
provided for the election of members of the General Assembly, and
said county commissioners may or may not order a new registra-
tion for said election. The vote shall be counted at the close of
the polls and returned to the said board of county commissioners
on the second day after said election, and said board of county
commissioners shall tabulate and declare the result of the election,
all of which shall be recorded in the minutes of the board of
county commissioners, and no other record and declaration of the
result of said election shall be necessary.
"Subsec. (ft). That at said election the ballots tendered and cast
by the qualified A'oters shall have written or printed upon them
the words 'For Good-roads Bond Issue' or the words 'Against
Good-roads Bond Issue.' and all qualified electors who favor the
issue of said bonds shall cast ballots having written or printed
thereon the words 'For Good-roads Bond Issue,' and all qualified
electors opposed to the issue of said bonds shall cast ballots having
written or printed thereon the words 'Against Good-roads Bond
Issue.'
"Subsec. (c). That should a majority of the qualified electors in
said county cast ballots having written or printed thereon the
words*'For Good-roads Bond Issue,' as above described, the said
board of county commissioners of said Wayne County are hereby
authorized and empowered to issue bonds of said Wayne County
in an amount not exceeding the said sum of two hundred thousand
1909— Chapter 818. 1199
dollars, to be iu deuomiuatious of oue thousand dollars or five liuu- Denomination.
dred dollars each, and shall bear interest at a rate not exceeding interest.
tive per cent per annum, which shall be evidenced by interest cou-
pons attached, payable semiannually during the time said bonds
shall run, and the principal and interest of said bonds shall be pay-
able at such place as the board of commissioners of said county
may determine. All of said bonds shall bear the same date; and
when prepared and executed by the said board of county commis-
sioners, under the seal of said county, they shall be sold by said Bonds not to be
board of commissioners at a rate not less than par, and the princi- ^° below par.
pal of said bonds shall be payable thirty-five years from the date Maturity.
of their issue.
"Subsec. (d). That should a majority of the qualified voters of Appropriation for
said county vote in favor of Issuing said bonds, and the said bonds ing^fund^"'^ ^^^^'
be issued hereunder, all the moneys thereafter collected under sec-
tion twelve of said chapter four hundred and thirty-two of the
Public Laws of one thousand nine hundred and seven shall be used
for the purpose of paying, first, the interest of said bonds, and,
second, to provide a sufficient sinking fund to pay the principal of
said bonds as they become due."
Sec. 2. That section three of said chapter four hundred and
thirty-two of the Public Laws of one thousand nine hundred and
seven be and the same is hereby amended as follows : By striking Supervisors
out, in line two of said section, the name "Joseph Rosenthal" and "^'^•^'i-
inserting in lieu thereof the name "Geoi'ge C. Royall" ; by striking
out. in line four of said section, the name "C. A. Copeland" and
inserting in lieu thereof the name "W. A. Copeland"; by striking
out, in lines seven and eight of said section, the name "O. F. Wor-
rell" and inserting in lieu thereof the name "O. J. Howell" ; by
striking out, in Hue ten of said section, the name "James Thomp-
son" and inserting in lieu thereof the name "J. M. Wood" ; by
striking out, in line eleven of said section, the name "W. J. Pat-
rick" and inserting in lieu thereof the name "C. F. I^erring" ; by
striking out, in line fourteen of said section, the name "J. M.
Mitchell" and inserting in lieu thereof the name "James Edwards."
Sec. 3. That section four of said chapter four hundred and Time of election
thirty-two of the Public Laws of one thousand nine hundred and °^ supervisors.
seven be and the same is hereby amended by striking out, in line
three of said section, the word "eight" and inserting in lieu thereof
the word "ten."
Sec. 4. That section eight of said chapter four hundred and Time for meeting
thirty-two of the Public Laws of one thousand nine hundred and °^ supervisors,
seven be and the same is hereby amended l)y striking out the
words "fifth of March," in the fourth line of said section, and
inserting in lieu thereof the words "third of July." and by striking
out. in the fifth line of said section, the word "seven" and .inserting
in lieu thereof the word "nine."
1200
1909— Chapter 818—819.
Time for quali-
fication.
Tax rate.
Sec. 5. That section nine of said chapter four hundred and
thirty-two of the Public Laws of one thousand nine hundred and
seven be and the same is hereby amended as follows: By strilcing
out, in line two of said section, the word "eight" and inserting in
lieu thereof the word "ten."
Sec. 6. That section twelve of chapter four hundred and thirty-
two of the Public Laws of one thousand nine hundred and seven
be and the same is hereby amended as follows: That the word
"less," in line seven, be stricken out and the word "more" inserted
in lieu thereof; that all after the word "ten," in line seven, to the
word "cents," in line eight, be stricken out; that the word "less,"
in line nine, be stricken out and the word "more" inserted in lieu
thereof; that all after the word "cents," in line nine, to the word
"on," in line ten, be stricken out.
Sec. 7. -That all laws and parts of laws in conflict with this act
are hereby repealed.
Ratified this the Sth day of March, A. D. liXtD.
CHAPTER 819.
AN ACT RELATING TO THE CONSTRUCTION OF A PUBLIC
ROAD IN TYRRELL COUNTY.
Petition for con-
struction of road.
Election to be
ordered.
Question to be
determined. .
Law governing
election.
Expense of
election.
Ballots.
Road to be laid
ovit and con-
structed.
The General Assemhly of North Carolina do enact:
Section 1. That upon the presentation to the board of commis-
sioners for the county of Tyrrell of a petition or petitions, signed
by as many as one-third of the qualified voters of Tyrrell county,
asking for the laying out and construction of a public road from
some point on the Kilkenny public road to some point on the Gum
Neck Road to be designated in said petition, it shall be lawful for
and the dut^^ of said board of commissioners to order an election
to be held at all the polling places in said county, within three
months from the time of ordering said election, to determine
whether the public road above mentioned shall be laid out and
constructed, and whether the tax hereinafter provided for shall be
levied and collected. Said election shall be held, as near as may
be, as elections are now held for electing members of the General
Assembly, and the expense thereof shall be paid by the said board
of commissioners ; and at said election those in favor of laying out
and constructing said road shall vote a ballot on which there shall
be written or printed "For Road," and those opposed thereto shall
vote a ballot with "Against Road" printed or written thereon.
Sec. 2. In the event a majority of the qualified voters of Tyrrell
County shall vote "For Road," it shall be lawful for and the duty
of the said board of commissioners to have laid out and con-
structed a public road between points named in the petition or
1909— Chapter 819—820. 1201
petitions aforesaid as quickly as the same can be done witli the
funds provided for in this act, and shall do all things necessary to
accomplish this ; and in case of inability to acquire right of way Right of con-
fer said road, by gift or by purchase, at a price deemed fair, they la^ilS"^^'^'^ °
shall have and exercise all the rights of condemnation granted to
them and exercised by them in the laying out and constructing
roads under the la-\\'S relating thereto contained in the revised
statutes of one thousand nine hundred and five and the amend-
ments thereto.
Sec. 3. That at the regular tax-levying time succeeding said elec- Levy of road tax.
tion, if a majority of the qualified voters of said county shall have
voted "For Road," the said board of commissioners of said county Rate.
shall levy a tax of four cents on each one hundred dollars' worth
of property and of twelve cents on each taxable poll, or so much
thereof as may be necessary, and eacli succeeding year until said
road shall be laid out, constructed and paid for.
Sec. 4. The superintendent of the State's Prison is authorized Convicts from
,^ , ., ., T.£ i.1 X State's prison to
and empowered to work convicts on said road, if requested so to be worked on
do by the board of commissioners for the county of Tj^rrell, at a ™'^^-
price to be agreed upon, but not exceeding the actual cost of sup-
porting and guarding said convicts.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Stli day of March, A. D. WOO.
CHAPTER 820.
AN ACT TO PROVIDE FOR THE CLEANING-OUT OF THE
HEAD OF PUNGO RIVER, DIGGING A CANAL FOR THE
DRAINAGE OF THE LAND AROUND THE HEAD OF SAID
RIVER AND ON EITHER SIDE OF SAME, AND BUILDING
A PUBLIC ROAD FOR THE BENEFIT OF THE PEOPLE
LIVING AT THE HEAD OF SAID RIVER AND ON EITHER
SIDE.
Whereas the pressure of water from the swamps around the Preamble,
head of Pungo River is greater than the said river, in its present
condition, can carry off ; and whereas the cleaning of said river Preamble,
from the Norfolk and Southern Railroad to a point below Indian
Run, and digging a canal from thence to some point in Pantego
Creek below the town of Pantego. or to some point in Cuckler's
Creek, would greatly relieve the pressure of water ; and whereas Preamble,
the health of the section immodiatoly surrounding the head of said
river and either side of same would be greatly improved and the
interest of the farmers who own land on either side of said river
or who drain therein would be materially promoted ; and whereas Preamble.
Pub.— 7P.
1202
1909 — Chaptkk 820.
the public roads leading from the head of said river are almost
Preamble. impassable; aud whereas Mr. W. D. Morrison, of the head of
Pungo River, offers to excavate a canal thirty-five feet wide, six
feet deep, from the head of Pungo River, beginning at the Norfolk
and Southern Railroad, aud from thence with the depression or
basin of the river swamp to Indian Run, and from thence to Pan-
tego or Cuckler's Creek, as may be determined by the drainage
experts from the Department of Agriculture, whose services the
hereinafter-mentioned drainage committee shall secure, and to
build a public road on the westward bank of said canal for the
sum of two dollars per acre for each acre within two and one-half
miles of the head of said river and two aud one-half miles of either
side thereof to within one mile of either creek, which land is
already drained: now, therefore, to provide for the improvements
mentioned,
Appointment of
drainage com-
missioners.
Official title.
Surveyor.
Determination of
acreage.
Powers of drain-
age committee.
Power to issue
bonds.
Proviso: limit of
amount.
Other corporate
powers.
Meetings of com-
mittee.
Special meetings.
Quorum.
Secretary.
Bond issue for
expenses.
The General Assembly of North Carolina do enact:
Section 1. That the board of commissioners of the counties of
Beaufort, Hyde and Washington "shall, at their session held in the
month of May, one thousand nine hundred and nine, and each year
thereafter until aforementioned improvements are completed, ap-
point each one discreet freeholder, who, acting together, shall be
known as the Pungo River Drainage Committee. The aforesaid
drainage committee shall secure the services of a competent sur-
veyor, who shall assist them in determining the number of acres
which are taxable under the provisions of this act, who are the
owners of said land, and the number of acres of land owned by
each person or corporation. The said drainage committee shall
have power to purchase such real estate as may be necessary for
the purposes of this act ; shall have power of eminent domain for
the purpose of condemning the necessary rights of way for said
canal and road ; shall have power to issue bonds, to be based on
their finding relative to the number of acres taxable under this
act: Provided, the entire issue of bonds shall not exceed twenty
cents per acre for ten years. Said Pungo River Drainage Commit-
tee shall exercise such other corporate powers as may be necessary
to carry out the provisions of this act.
Sec. 2. That the said committee shall meet on the second Monday
in each month, at such place as may be decided upon at their first
regular meeting, which shall be held at the head of Pungo. Said
committee may call such special meetings as they may deem neces-
sary for the interest of this act. Two of said committee shall con-
stitute a quorum. Said committee may employ a secretary who is
not a member of the committee. The said committee shall, immedi-
ately after qualifying, issue one thousand dolhirs in bonds to
defray the expenses of the said committee or any other expenses
incident to carrying out the provisions of this act. The one thou-
sand dollars so issued shall be included in the first issue of bonds
1909— Chapter 820. 1203
hereinafter Drovided for. The proceeds of said one thousand dol- Deposit of pro-
lars in bonds shall be deposited with the Treasurer of Beaufort
County and shall be paid out upon the order of the chairman of Orders for money,
the said drainage committee, after being endorsed by the chairman
of the county commissioners of said county.
Sec. 3. That the said drainage committee shall make return of Return.s of
the number of acres of land in each county which is taxable under
this act to the commissioners of the county in which said land is
situated, together with a map and description sufficient for the
identification of the same, the names of the owners thereof, the
amount of taxes assessed against each acre, which shall be twenty
cents per acre for a term of ten years, beginning in one thousand
nine hundred and twelve and continuing for a term of ten years,
but no longer, and shall affix an affidavit in the following words :
"Subscribed and sworn before me, a justice of the peace. We, the Affidavit,
drainage committee appointed to assess the lands in the county of
to be benefited by the cleaning out of the head of
Pungo River, and the cutting of a canal from said river to some
point in Pautego or Cuckler's Creek, and the building of a public
road on the side thereof, make oath that the foregoing report con-
tains, to the best of our knowledge and belief, all the lands subject
to taxation under chapter of the Laws of North Carolina, one
thousand nine hundred and nine." That the boards of commission- Copies of report.
■ ers of the counties of Beaufort, Plyde and Washington shall cause
to be made out two copies of the report of said drainage committee
while acting as appraisers for each of their respective counties, as
found by them and attested to by them. One of the said copies Copy to be filed.
shall remain in the office of the clerk of the board of commission-
ers in each of the counties ; the other copy shall be delivered to the Copy delivered to
sheriff or tax collector in each of the said counties. The sheriff ^
shall receipt for the same. The clerk to the board of county com- Order for collec-
missioners in each of the said counties shall, at their meeting held ^'°'^ "
on the first Monday in June, in the year one thousand nine hun-
dred and eleven, endorse on the copy given to their respective
sheriffs an order to collect the taxes therein mentioned, and such
order shall have the effect of a judgment and execution against
the land charged in said list.
Sec. 4. That the compensation of the Pung(j Iliver Drainage Compensation of
, ., •. . 1- i- 1 commissioners.
Committee shall be the same per day while engaged m listing and
a.scertaining the number of acres taxable, or any other work which
it may become their duty to perform, as is allowed list takers
under the present Machinery Act, except there shall be no mileage.
Sec. 5. That the said drainage committee shall avail themselves Drainage experts,
of the services of the drainage experts for the Department of Work of experts.
Agriculture, who shall make the necessary surveys, take the differ-
ent levels and decide if such cleaning and canalling and road build-
ing is necessary, and, if they find the same necessary, shall lay out
1l^04
1009— Chaptkr 820.
Work to be found
feasible.
Contractor to give
bond.
Bonds issued and
delivered to con-
tractor.
Maturity of bonds.
Duties of sheriff.
Pay of sheriff and
treasurer.
Liability of
ofiBcers.
Drainage com-
mitteemen to give
bond.
Payment in full.
Lands released.
Contractor to give
bond.
Election to be
called.
the line for said worlj. establisli bench marks and decide who will
be damaged, if any, and in what snm said person is damaged
thereby.
Sec. G. That immediately upon the decision of the engineers from
the Department of Agriculture that the drainage of said laud is
feasible, and upon the aforesaid W. D. Morrison furnishing a satis-
factory bond for the cleaning out of said river, digging said canal
and building said road, the aforesaid drainage committee shall
issue and deliver to the said W. D. Morrison bonds to the amoiuit
of two dollars per acre for each acre of land taxable under this
act, less the one thousand dollars which the aforesaid committee
are required to deposit with the Treasurer of Beaufort County to
defray the expenses necessary to carrying out the provisions of
this act. That the said bonds shall be issued as follows : The first
series, one-tenth maturing March the fifteenth, one thousand nine
hundred and twelve, and one-tenth each year for ten years follow-
ing. That the aforesaid tax of twenty cents per acre shall retire
these bonds each year as they mature or become due.
Sec. 7. That the duties and powers of the sheriffs in the collec-
tion of these taxes shall be the same as those prescribed for the
collection of taxes under the present Machinery Act ; that the
sheriff shall be paid one-half as much for collecting and the treas-
urer shall be paid one-half as much for receiving and paying out
these taxes as they are allowed under the present Machinery Act ;
that the sheriffs and treasurers of the aforesaid counties shall be
responsible on their official bond for the proper disbursement of
the aforesaid taxes, and subject to the same penalties, utider the
general law for the collection of taxes, for any default in the
duties prescribed under this act. The members of the Pungo River
Drainage Committee shall each give bond in the sum of one thou-
sand dollars for the faithful performance of their duties under this
act.
Sec. 8. That from the first of September, one thousand nine hun-
dred and nine, to the first of March, one thousand nine hundred
and ten, any landowner, upon the tender of one dollar and eighty
cents for each acre of land as assessed by the drainage committee
and returned to the county commissioners of his county, under
oath, may demand a receipt in full for all taxes or assessments
against the property assessed by the hereinbefore-mentioned drain-
age committee, and such lands shall no longer be in any way sub-
ject to a tax under this act.
Sec. 9. That the aforesaid W. D. Morrison shall be required to
give a satisfactory bond for completion of the above-mentioned
improvements within two years from the delivery of the aforemen-
tioned bonds to the said W. D. Morrison.
Sec. 10. That the coitnty commissioners of the counties of Beau-
fort, Hyde and "Washington shall, on the first Monday in April,
one thousand nine hundred and nine, call a joint election to be
1909— Chapter 820—821. 1205
held at the head of Pungo ou the thirtieth day of April, oue thou- Place and date of
sand nine hundred and nine, each respective board appointing one judges"of election.
discreet freeholder, and the Board of Commissioners of Beaufort Registrar.
County shall appoint one discreet freeholder as registrar to hold
the polls. The aforesaid registrar shall administer the following
oath to each candidate for registration : "You do solemnly swear Oath of voters,
that you own land or would be affected by the tax voted on the
drainage district by this election." Said registrar shall hold the Registration,
registration books open at the head of Pungo ou the tenth, seven-
teenth and tu-enty-fourth days of April. The commissioners of the Notice of election,
counties of Beaufort, Hj'de and Washington shall give notice of
the said election at four public places within the said territory
herein provided for, and shall provide ballots with the words "For Ballots.
Canal" and "Against Canal" written or printed thereon, and fur-
ther provide a box in which the said ballots are to be deposited. If Ballot box.
a majority of the qualified voters vote or cast ballots with the Effect of election.
words written or printed thereon "For Canal," then this act shall
be in full force and operation; but if a majority of the qualified
voters under this act cast ballots with the words "Against Canal,"
then this act shall be without force and operation. That the said Hours of voting.
three poll holders and registrar shall, at sunrise on the day of
election named, open said polls and keep them open until sunset Poll books.
of the same day, and when said ballot is deposited shall write the
name of the voter in a book provided for the purpose. At sunset Count and return
the polls shall be closed and the poll holders shall count the said
ballots in the presence of as many people as may desire to be
present, and shall certify the votes so cast to the register of deeds
of the counties of Beaufort, Hyde and Washington. The said
registers of deeds sliall file away in their offices the said certifi-
cates.
Sec. 11. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1001).
CHAPTER 821.
AX ACT TO REPEAL CHAPTER 3S!>. Pl'BLIC LAWS OF 1!)08.
SO AS TO INCLUDE J. A. STAMPER AND HIS FARM IN
WILKES COUNTY.
The General Assembly of Xorth Carolina do enact:
SfXTioN 1. That chapter three hundred and eighty-nine. Pulilic Law repealed.
Laws of one thousand nine hundred and three, be and the sanie is
hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1900.
1206 1909— Chapter 822—823—824.
CHAPTER 822.
AN ACT TO AMEND CHAPTER 674 OF THE PUBLIC LAWS
OF 1907.
The General Assembly of North Carolina do enact:
Date of marriage. Section 1. That section one, chapter six hundred and seventy-
four of the Public Laws of one thousand nine hundred and seven,
be amended by striking out the word "April," in line eleven of said
section, and inserting in lieu thereof the word "January," and by
striking out the word "sixty-five," in the same line, and inserting
in lieu thereof the word "sixty-eight."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 823.
AN ACT TO ABOLISH THE MARCH TERM OF THE SUPE-
RIOR COURT OF MOORE COUNTY.
The General AsseniNy of 'North Carolina do enact:
Term abolished. SECTION 1. That the March term of the Superior Court of Moore
County, of the Eighth Judicial District, be and the same is hereby
Process returnable abolished, and all processes retui'nable to the said March term be
to April term. , '
made returnable to the April term next succeeding.
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 824.
AN ACT FOR THE BETTER ENFORCEMENT OF THE GAME
LAWS IN CATAWBA AND MARTIN COUNTIES.
The General Assembly of North Carolina do enact:
Law extended. SECTION 1. That the act of one thousand nine hundred and nine
(Senate bill one thousand two hundred and thirty-four. House bill
one thousand seven hundred and seventeen), relating to the better
enforcement of the game law in North Carolina, be and the same
is hereby made applicable to the counties of Catawba and Martin.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 1909.
1909— Chapter 825—826. 120'
CHAPTER 825.
AN ACT TO AMEND SUBSECTION 1 OF SECTION 28 OF
REVISAL OF 1905 OF NORTH CAROLINA, ABOUT EXECi:-
TORS QUALIFYING.
Tlie General AssemhJy of North Carolina (Jo enact:
Section 1. That subsection one of section twenty-eight of the •
Revisal of one thousand nine hundred and five be amended as fol-
lows : By adding to said section, after the words "not afterwards,"
the following : "Provided, however, that if any will of a nonresi- Proviso: foreign
, , , executor allowed
dent of this State, making a devise or disposition of real estate to give bond.
situated in this State, shall have been executed according to the
law of this State, and a copy of such will shall have been pro-
duced, proved and recorded by a clerk of the Superior Court of any
county in this State wherein the real estate is situated, according
to the law of this State, and the executor of said will has not inter-
meddled with the property conveyed in said will, the said executor
shall be allowed to give a bond, payable to the State of North
Carolina, in a penal sum of double the value of said property, for
the faithful discharge of his duty as executor, after the expiration
of one year after the death of the testator ; and after giving such
bond such executor shall have all the rights, powers and privileges
rightfully belonging to the office of executor resident in this State ;
and Provided further, that no letters of administration shall have Proviso: letters of
■. . ^, . r,^ ^ -J ^ J. I, X J. ii I i administration
been issued m this State on said estate subsequent to the probate not issued.
of said will in North Carolina.
Sec. 2. That this act shall be in full force and effect after its
ratification.
Ratifietl this the Sth day of March, A. D. 1900.
CHAPTER 826.
AN ACT FOR THE RELIEF OF THE JANITOR OF THE
CAPITOL.
The General Assemhly of North Carolina do enact:
Section 1. That the janitor at the Capitol shall receive one dol- Allowance,
lar per week for attending to and keeping clean the water-closets
in the Capitol building.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 190ft.
1208
1909— Chapter 827—828.
CHAPTER 827.
AN ACT TO AMEND CHAPTER 457 OF THE PUBLIC LAWS
OF 1907, RELATING TO THE ELECTION OF DIRECTORS
OF CORPORATIONS.
The General Af<semhJii of Xorth Carolina do enact:
Section 1. That section oue, chapter four hundred and fifty-
seveu of the Public Laws of oue thousand nine hundred and seven,
be amended by changing the colon after the word "persons," in
line nineteen, to a period, and by striking out all of the remainder
of said section, inserting in lieu thereof the following : "Any stock-
holder owning or controlling more than twenty-five per cent of all
the stock of any such corporation shall have the same right to vote
cumulatively as any other stockholder ; and no amendment of the
certificate of incoi'poration, charter or by-laws of any corporation
which may be hereafter adopted or allowed shall have the effect
of abrogating or abridging any right herein conferred : Provided
further, that such right to vote cumulatively shall not be exercised
unless some stockholder shall announce in open meeting, before the
balloting or voting for directors, trustees or managers begins, his
purjjose to exercise such right, in which case each and every other
stockholder may likewise vote cumulatively."
Pending litigation. Sec. 2. That this act shall not aft'ect pending litigation.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of :\Iarch. A. D. 1900.
Right to vote
cumulatively.
Proviso:
announcement of
purpose.
CHAPTER 828.
AN ACT TO AMEND CHAPTER 722, ACTS OF 1905, RELATING
TO HOGS RUNNING AT LARGE IN DARE COUNTY.
Change of terri-
tory.
The General Assemhiy of North Carolina do enact:
Section 1. That chapter seven hundred and twenty-two. Public
Laws of one thousand nine hundred and five, be amended by strik-
ing out the words "Nag's Head Life-saving Station." in section one
of said chapter, and inserting in lieu thereof the words "Oregon
Inlet."
Sec. 2. That all laws and clauses of laws in conflict with this act
be and the same are hereby repealed
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the Sth day of March. A. D. 1909.
1909— Chapter 829—830. 1209
CHAPTER 829.
AN ACT TO AMEND CHAPTER 108 OF THE PUBLIC LAWS OF
THE EXTRA SESSION OF 1008, RELATIVE TO THE OPEN
SEASON FOR QUAIL HUNTING IN GREENE COUNTY.
The General Assemhly of Isiorth Carolina do enact:
vSection 1. That chapter one hundred and eight of the Public Season (.-hanged.
Laws of the extra session of one thousand nine hundred and eight
be amended as follows : Strilce out "the first day of December," in
line three of section one. and substitute therefor "the twentieth
day of November."
Sec. 2. That this act shall be iu force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. 1900.
CHAPTER 830.
AN ACT TO ALLOW THE PEOPLE OF CRAVEN COUNTY OR
THE PEOPLE OF THE SEVERAL TOWNSHIPS OF SAID
COUNTY TO VOTE BONDS FOR THE PURPOSE OF BUILD-
ING. AMENDING AND IMPROVING, BY MACADAMIZING
OR OTHERWISE. THE PUBLIC ROADS AND STREETS IN
SAID COUNTY AND TOWNSHIPS.
The General Assijiihlj/ of Sorth Carolina do enact:
Section 1. Upon petition, signed by twenty-five of the qualified Election by county
voters of Craven County, being presented to the board of commis- petulon.^'^^^'^ **"
sioners of said county at any regular meeting of said board, it
shall be the duty of the said board of commissioners and they are
hereby directed to call an election in said county on the (luestion of
issuing bonds by said county for the purpose of building, amending
and improving, by macadamizing or otherwise, the public roads in
said county, and for macadamizing or otherwise impi'oving the
streets in the towns of said county; or, upon petition, signed by ten Election by town-
of the qualified voters of any one of the several townships in said on'iHUtion° '^''''^^'^
county, l)eing i)resented to the said board of commissioners as
aforesaid, it shall be the duty of the said board of commissioners
and th(?y are hereby directed to call an election in such township
on the question of issuing bonds by such township for the purpose
of building, amending and improving, by macadamizing or other-
wise, the public roads in such township, and for macadamizing or
otherwise improving the streets in the towns situate in such town-
ship. The said petition shall state what roads are to be built. What petition to
amended and improved, and what streets shall be improved with ^ ^ ^•
the monev derived from the said bonds, and shall state the amount
1210
1909— CiiAPTEK 8,30.
of bouds to be voted and the term of years for which the same
shall run, and the amount of interest to be paid : Provided, that
authority shall not be given for the issuing of more than two hun-
dred and fifty thousand dollars' worth of bonds by said county nor
Limit of township niore than fifty thousand dollars' worth of bonds by any one town-
'*^^"^" sliip to be used by said county or township for such purpose,
and they shall not run for more than thirty years from the issuing
thereof, and shall bear no greater rate of interest than five per
centum per annum, payable semiannually.
Sec. 2. Upon the petition being filed, as set forth in the preceding
section, it shall be the duty of the said boai-d of commissioners to
Proviso: limit of
county issue.
Limit of term.
Limit of interest
Registrars and
judges.
Law goA^erning
registration and
election.
Publication of
order of election.
County commis-
sioners to order
election.
New registration, order the said election, and to also order a new registration of all
voters within the said county or township, as the case may be, for
the purpose of the said election, and shall appoint registrars and
judges, which registrars and judges shall proceed to register the
voters and hold the said election and count the votes cast thereat,
under the same rules and regulations as prescribed by the general
law for holding the election of members of the General Assembly
of the State of North Carolina, which order of election shall be
published at least once a week for four successive weeks preceding
the said election in some newspaper in said county.
Sec. 3. At the said election those who are in favor of bonds shall
cast a ballot upon which shall be plainly written or printed the
words "For Good Roads," and those who are opposed to bonds
shall cast a ballot upon which shall be plainly written or printed
the words '"Against Good Roads" ; and the said judges and regis-
trars shall count the ballots and declare the re.sult, as provided by
the general law, and shall certify the result thereof to the board
of commissioners for the county of Craven, which certificate shall
be filed with the register of deeds of said county on the day follow-
ing the said election. If a majority of the said qualified voters of
the said county or such township shall cast tlieir votes at the said
election "For Good Roads," then it shall be the duty of the said
board of commissioners to issue bonds up to the amount specified
in the petition and order of election, under the rules and regula-
tions hereinafter prescribed: but if a majority of the said qualified
voters shall fail to cast their votes "For Good Roads," then it shall
not be the duty of the said board of commissioners to issue bonds.
Sec. 4. That if the election be called for the whole county in the
same order made by the board of commissioners calling the said
election, it shall be their duty to order that ten discreet persons
shall be elected from the whole county; and if the election be
called for one or more townships, but not for the whole county,
then five discreet persons shall be elected in each township at the
same time that the question of bonds is voted on, and who shall be
known and designated, if for the whole county, as the Board of
Road Trustees of Craven County, and if for a township, as the
Ballots.
Count and return
of votes.
Effect of election.
Election of road
trustees.
1909— Chaptee 830. 1211
Board of Road Trustees of Township. The said road Separate box.
trustees shall be voted for in a separate box, and each person voted Ballots,
for shall have his name plainly written or i^rinted on a ticket, with
the words "For Road Trustees," and if the election be held for the
whole county the ten persons, or if held for one or more townships
the five persons receiving the highest number of votes shall be
declared to be duly elected as the Board of Road Trustees of
Craven County or the Board of Road Trustees of the ".
Township, as the case may be; and should any of the persons Determination of
receiving the highest number of votes be a tie, and the judges and ^^^"^"
registrar are thereby unable to determine the one elected, it shall
be the duty of the registrar and judges to decide the matter by
chance, and shall certify to the board of commissioners who the
persons are composing the board of road trustees ; and if a va- vacancies.
cancy occurs in the said board, by death, resignation or otherwise,
said vacancy shall be filled by other members of the board.
Sec. 5. It shall be the duty of the board of trustees to direct the Trustees to direct
said board of county commissioners in what denominations the ^^^'^Q^^^g^'^ ^^ ^
said bonds should be issued, what term to run and what interest
to bear, and to sell the said bonds for cash and to turn over the Road treasurer.
same to a treasurer, to be elected by them, who may or may not be
one of their number : Provided,, that no money be turned over to Proviso: bond of
said treasurer until he shall have given bond in a sum to be fixed "^"^
by the said board of trustees, but in no event less than the amount
of money turned over to said treasurer: Provided further, the said Proviso: pay of
treasurer shall receive such amount for all of his services as such treasurer.
treasurer as the said board of road trustees shall fix, but not to
exceed one-half of one per centum of all moneys that may come
into his hands as such treasurer, except the said board of road Premium on
trustees shall make an order that he may bond in some surety '^°"'^-
company, to be paid out of said funds.
Sec. 6. The said treasurer shall not pay out any of the said Road orders.
funds except upon order of the said board, duly attested by the
chairman and secretary thereof, and shall render a monthly Monthly accounts,
account in detail to the board of road trustees, which account shall
be itemized, giving the name of every person or corporation to
whom he has paid money, upon what order and for what purpose
paid, which account shall be verified; and when the funds shall Final account.
have been disposed of, the said treasurer shall render a final
account, itemized and verified, as stated above, and if the said final
account shall be approved by the said board of road trustees it
shall be the duty of the board to order their secretary to endorse
on the said final account the word "Approved" and the day when
approved, and shall cause the same to be recorded in the record of
oflicial accounts in the register's office in Craven County ; and if Failure to render
the said treasurer shall fail or refuse to render any of the said accounts^misde-
accounts, as above set out. and if the board of road trustees shall meanor.
12lL^
1909— Chapter 830.
Punishment.
Penalty as to
treasurer.
Duty of trustees.
Work on streets.
jVIeetings of
trustees.
Special meetings.
Engineer and road
superintendent.
Duty of superin-
tendent.
Road machinery.
Proviso: salary of
superintendent.
Proviso: pay of
trustees.
Limit.
Procedure for
establishment of
road.
neglect or refuse to require the said treasurer to render any of the
said accounts in accordance with the specifications of this section,
they shall be guilty of a misdemeanor, and upon conviction shall
be fined, imprisoned, or both, in the discretion of the court ; and,
furtlier, the said treasurer, upon so failing to render said account,
as herein specified, shall be liable to a penalty of two hundred
dollars, one-half of which shall go to the person suing for the same.
Sec. 7. It shall be the duty of said trustees to take charge of,
grade, build and improve, by macadamizing or otherwise, all of
the public roads in the said county or such township, as the case
may be, specified in the petition and order of election referred to
in section one of this aict, and to lay off new roads and make such
amendments and improvements on the old roads specified in the
petition and order of election of said board of commissioners as
in their discretion they may deem necessary or which may have
been specified in the said petition and order of election ; and it
shall also be their duty to grade, build and improve, by macadam-
izing or otherwise, such streets of the towns of said county or
in such townships as are specified in the petition and order of elec-
tion. Said trustees shall also specify the kind and quality of the
work to be done on the said streets by the expenditure of the
moneys provided by this act ; and it shall be the duty of the board
of road trustees to meet in regular session at least once each
month, and special meetings may be called at any time for special
purposes, either by the chairman or three members of the board.
In order to carry out the work imposed upon the said board of
road trustees by this act, they shall have the right to employ
an engineer and also a road superintendent. The duty of the
superintendent shall be to superintend and oversee all the work
which is being done under the direction of the board of road
trustees, and the board may purchase such road machinery or
rock crusher as they may deem necessary : Provided, that the
salary of the said superintendent shall not exceed two dollars per
day for the time actually engaged in work : Provided further, that
the trustees shall not receive more than two dollars per day for
such time as they may be engaged in meeting, but in no event
can the said trustees be allowed more than sixty dollars each in
any one year for his services as such trustee.
Sec. 8. If the said Board of Road Trustees of Craven County
or the board of road trustees for any township therein shall de-
cide, either upon the petition from citizens of said county or such
township or upon its own motion, to build a proposed road, it
shall make an order to that efl;ect, and shall appoint a committee
of three members of the said board of road trustees to lay out and
establish the said proposed road, which committee shall make its
report to the said board, and upon the said report being adopted
the said board shall then make an order that the said proposed
road shall be opened up and built from the funds derived from
1909— Chapter 830. 1213
the sale of the said bonds: Provided, that if any citizen over proviso: proced-
whose land the said road may run shall claim damages, the said mlnt°of^da1nages.
board shall cause the sheriff to summon a jury of three good
and lawful men to view the premises and assess the damages,
if any; and if the board of road trustees or the landowner shall
be dissatisfied with the decision of the said jury, either party Right of appeal,
shall have the right to appeal to the Superior Court on the ques-
tion of damages, but in no event can any person receive any Limit of damages,
more than the land taken by the said road is worth, at a fair
valuation per acre : Provided further, that neither the said com- pay of committee
mittee nor jury shall receive more than two dollars per day for ^^^'^ •i"'"^ •
each member of the said committee or jury for the time actually
engaged in laying out the said road.
Sec. 9. It shall be the duty of the Board of County Commission- issue of bonds.
ers of Craven County to issue the bonds provided for in this act.
up to the amount voted in the said election, upon the request
of the said Board of Road Trustees of Craven County or upon
the request of the board of road trustees for any township, in Denominations,
such denominations, to run such time and to bear such interest [^fergst?' ^'^
as the board of road trustees may direct, which bonds shall be Authentication.
signed by the chairman of the Board of County Commissioners
of Craven County and attested by the secretary of said board and
the county seal of Craven County affixed thereto : Provided, hoic- Proviso: limita-
cver, that the limitations prescribed in the first section of this observed.*'
act shall be observed in the issuing of the said bonds.
Sec. 10. If a majority of the qualified voters of Craven County Act to be road
or of any township of said county cast their votes at an election [Q^^.j^gj^jp^^^^Qf^i^^g""
held under this act "For Good Roads," then this chapter shall be for same.
the road law governing the public roads of Craven County or
such township, and any general road law for Craven County or Former road laws
such township shall be thereby repealed, in so far as the levying ^^'^ taxes,
a tax to keep up public roads is concerned, and the tax provided
for in this chapter shall be the only tax that can be levied under
the law upon the property or poll in Craven County or in such
township for the purpose of keeping up or building public roads.
And if at tlie time any election is held under this act there shall Taxes already
have been levied or collected upon or from the property or poll ^'^^^6'='^®"-
in Craven County or any such township for road purposes, the
same shall be held for the purpose of paying interest on any bonds
which may be issued by virtue of the authority given by said elec-
tion : Provided, that nothing herein contained shall interfere with Proviso: allot-
the board of supervisors of said townships allotting the hands to
the public roads and requiring them to work the same for such
time and under such rules and regulations as provided by the
.general law for the working of the public roads in such town-
ships as may not cast a majority vote for good roads, as herein
provided : Provided further, that nothing herein contained shall Provi.so: convict
interfere with the worknig of convicts upon the roads of said '''^°^ '
121i
1909— Chapter 8^0—831.
Tax for interest
on bonds.
Proviso: constitu-
tional equation.
Election on whole
or part of bonds.
Elections for
additional bonds
Further elections
county, as is now provided for by cliapter five liuudred and fifty-
four of tlie Public Laws of oue tliousaud uiue liuudred and seven.
Sec. 11. When the said board of commissioners shall have issued
any of the bonds provided for iu this act, it shall be the duty of
the said board, annually thereafter, on the first Monday in Juue,
to levy a tax on all property and polls subject to taxation for
State purposes in the said county or township sutticient to pay
the interest on the bonds so issued as the same may become due :
Provided, however, that the constitutional equation between the
property and the poll be at all times observed iu such levy.
Sec. 12. The citizens of the said county and townships shall
have the right to petition for and require an election on the whole
amount of bonds provided for in this act or for any part of the
same, and having voted any part of the said bonds shall not pre-
vent the holding of another election or elections until the whole
amount of bonds have been voted. And if there shall be an elec-
tion held under the provisions of this act, and the majority of the
qualified voters shall fail to vote bonds, it shall not be a bar
to the holding another election or elections under this act, upon
a new petition being filed under the provision herein contained
for the filing of petition or election hereunder.
Sec. 13. This act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. r.)09.
CHAPTER 831.
AN ACT TO PREVENT BOARDS OF DIRECTORS OF STATE
INSTITUTIONS FROM ELECTING ONE OF THEIR NUM-
BER TO ANY POSITION UNDER THEIR CONTROL.
Elections declared
unlawful.
TJic General Assemblij of North Carolina do enact:
Section 1. That it shall be unlawful for any board of directors
or board of trustees or other governing body of any of the various
State institutions (penal, charitable or otherwise) to appoint or
elect any person who may be or has been at any time within six
months a member of said board of directors, board of trustees or
other govei'ning body to any position in said institution, which
said position may be under the control of said board of directors,
board of trustees or other governing body.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1900.*
1909— Chapter 832—833. 1215
CHAPTER 832.
AX ACT FOR THE SEPARATION OF WHITE AND COLORED
PRISONERS IN THE STATE PENITENTIARY AND IN THE
COUNTY JAILS AND CONVICT CAMPS DURING SLEEPING
AND EATING HOURS.
The General Assemhly of North Carolina do enact:
Section 1. That white and colored prisoners shall not be con- White and colored
prisoners not con-
fined or shackled together in the same room of any building or fined or shackled
tent, either in the State penitentiary or at any State or county together.
convict camp during the eating or sleeping hours, and at all other Separation com-
^ ,, . ,1,, 14. plete as practica-
times the separation ot the two races shall be as complete as gie.
practicable.
Sec. 2. That any oflScer or employee of either the State or any Misdemeanor.
county in the State having charge of convicts or prisoners who
shall violate or permit the violation of this act shall be guilty of
a misdemeanor, and upon conviction shall be fined not more than Punishment,
fifty dollars or imprisoned not more than thirty days.
Sec. 3. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 1909.
CHAPTER 833.
AN ACT TO PROVIDE FOR THE CONSTRUCTION, REPAIR
AND MAINTENANCE OF THE PUBLIC ROADS OF NASH-
VILLE TOWNSHIP, NASH COUNTY.
The General AHsenihly of North Carolina do enact:
Section 1. That a road district shall be and is hereby estab- Road district
established.
lished in Nashville Township, Nash County, embracing all the
lands and piililic roads within the territory now knowft as Nash-
ville Township.
Sec 2. That the said road district shall be named and entitled Official de.signa-
the "Nashville Township Road District."
Sec 3. That a l)oard of road commissioners shall be created, Road commi,s-
sioriGrs
composed of three members, who shall be elected by the Board of
Commissioners of Nash County at its first regular meeting in
June, one thousand niue hundred and nine, or as soon thereafter
as practicable, and the persons so elected and their successors are
and shall be hereby created the Road Commissioners for Nashville Official designa-
Township Road District, and each person so elected shall hold his Term of office.
said office for the term of two years from June first and until his
1210
1009— Chapter 833.
Vacancies.
Qualifications.
Quonim.
Road commis-
sioners to meet,
qualify and
organize.
Date for meeting.
Organization.
Regular meetings.
Special meetings.
Supervision and
control of convict
force.
Supervision of
roads.
Care of convicts.
Powers of road
commission.
Road orders.
Bridges.
Proviso: county
commissioners to
direct payment.
successor is elected at the next biennial June election and shall
be duly qualified. All vacancies occurring shall be filled as soon
as practicable by the board which elected the person whose office
became vacant, and such board shall preserve its right to elect the
successor of the person or persons whom it has just previously
elected. Each member of the board of road commissioners shall
be a freeholder and duly qualified voter living within the territory
composing the Nashville Township Road District, and two mem-
bers of said board of road commissioners shall constitute a quo-
rum for the transaction of any business.
Sec. 4. The road commissioners, as provided for in section three
of this act, shall meet on the second Monday in June, one thou-
sand nine hundred and nine, or as soon thereafter as practicable,
and after being duly qualified by taking the oath of office, to be
administered by any duly commissioned notary public or justice
of the peace, shall proceed to organize by electing one their mem-
bers chairman and one of their members secretary of said road
commissioners. Said road commissioners shall hold regular meet-
ings at such times and places as may by resolution of said com-
missioners be agreed on, and shall hold special meetings upon the
call of the chairman or two members of the board of road com-
missioners, of which all members shall be notified.
Sec. 5. That said road commissioners shall have full supervision
and control of the convict force sentenced to work on the public
roads of Nashville Township Road District and shall have the
supervision of all public roads in- said district. It shall be the
duty of said road commissioners to look after the care and comfort
of the convict force, have the convicts properly guarded, clothed
and fed, attended in cases of sickness by the county superintend-
ent of health, and generally to provide for the efficiency of the
convict force in working the public roads of said district.
Sec 0. The road commissioners shall have full power and au-
thority to hire such labor and to purchase such tools, material,
stock, machinery and other appliances or things necessary for the
proper working of the public roads under its supervision by the
convict force or hired labor, which shall be paid for out of the
funds raised for the working of the public roads of said district.
That all orders for the payment of any money directed to be paid
out on account of the duties devolving upon the road commission-
ers shall be signed b5f the chairman and one member of the board
of commissioners acting as secretary for said board, and shall be
drawn on the Treasurer of Nash County, who shall pay and charge
said orders to the road fund of said district. The cost of repair-
ing and building bridges, of more than ten dollars, shall be paid
out of the general funds of Nash County : Provided the Board of
County Commissioners of Nash County shall so direct.
1909— Chapter 833. 1217
Sec. 7. Said road commissioners, in constructing and working width and grade
the public roads herein named, shall make the roadway not less ° ^'^^ ^'
than twenty feet and not more than forty feet wide, and in con-
structing said roads the commissioners shall make them as straight
as practicable and grade them. In laying out, opening, construct- Entry on land for
1 • 1,1- J • -J J- J. ■ J- J.-L. J ■ construction of
mg or working any public road in said district the road commis- road or taking
sioners or any superintendent acting under them shall have the material.
right to enter upon the lands of any person over whose lands the
road may pass, and may proceed to open the said road and use such
stone, earth, timber or other material as may be necessary for
the work, but any timber or wood taken must be at the time
thereof within twenty feet of the said road, and doing as little
injury as possible to the property ; and the said road commission- Agreement and
ers shall have authority to agree with the OM-ner as to the dam- damages.
ages sustained by him, and the sum so agreed shall be paid as
promptly as possible by said road commissioners, by an order on
the treasurer of the county on the road funds of said district.
In case the road commissioners and the owner cannot agree on Arbitration of
the amount of the damages, then each shall select one arbitrator, ^'^^^^^•
and the two selected shall select the third arbitrator, and the
three together shall assess the damages ; and if the road commis- Right of appeal.
sioners and owner shall be dissatisfied, either shall have the right
of appeal to the Superior Court : Provided, the injured party shall Proviso: bond on
execute sufficient bond to secure costs awarded on appeal before
the appeal is sent up.
Sec. S. That the said road commissioners may employ a super- Employment and
intendent, who shall have the immediate and personal supervision tendent.^"^*^^'""
of the hired and convict force and of their employment, see that
they are cared for properly, and that the work directed by the
road commissioners is performed by the hired and convict force
in accordance with its direction, and generally to have charge of
any camp established, tools, machineiy and other property per-
taining to the force. The said superintendent shall report directly Reports,
to the said road commissioners any and all irregularities, failure
to work by the convicts, and the health of the convicts, and he Removal for
may be discharged at any time by the road commissioners.
Sec. 9. That the Board of Commissioners of Nash County, in Special tax
order to provide for the proper construction, repair and mainte-
nance of the public roads and bridges of said Nashville Township
Road District, and to pay the interest on and provide a sinking
fund for the payment of any bonds which may be hereafter issued,
at their regular meeting in June, one thousand nine hundred and
nine, and each annual June meeting thereafter, shall levy a spe-
cial tax on all property subject to taxation under the law and
within said district, of not less than ten cents nor more than Rate,
thirty cents on the one hundred dollars' worth of property and
Pub.— 77
1218
1909— Chapter 833.
Constitutional
equation.
Taxes kept
separate.
Specific appro-
priation.
Proviso: per-
manent improve-
ments.
Proviso: safe-
keeping of con-
victs.
Guards and
laborers.
Prisoners worked
on roads.
Convicts sen-
tenced to road
work.
Expense for care
of convicts.
not less than thirty cents and not more than ninety cents on the
poll, the constitutional equation being observed at all times ; said
taxes to be collected as all other taxes, are to be kept separate on
the tax books of the county, to be set aside as a special road fund
for Nashville Township Road District, to be used in the construc-
tion, repair and maintenance of the public roads and such bridges
in said district, not costing to exceed ten dollars, if the board of
county commissioners shall so direct ; the purchase of such mate-
rial, implements, team, wagon, camp outfit, quarters or stockades
for the use of and safe-keeping of the convict force as may be nec-
essary in the proper carrying out of the work, and for the pay-
ment of the interest on such bonds as may be issued by said road
commissioners, and for the employment of such additional labor
as may be necessary: Provided, liowevcr, that the money raised
under this section shall, as far as possible, be used in permanent
improvements for the roads and the payment of interest on such
bonds as may be issued ; and Provided further, that the county
jail located in said district may be used by the said road com-
missioners or road superintendent, if the board of county commis-
sioners shall first consent, as a place of safe-keeping for the con-
vict force of said road district, at such times as the said road com-
missioners may deem necessary. ,
Sec. 10. That the road superintendent, with the approval of the
road commissioners, shall have power to employ or discharge such
guards as may be needed to take charge of the convict force or
such other laborers as may be employed.
Sec. 11. That all prisoners confined in the county jail of Nash,
under final judgment of any court having jurisdiction, for crime
or imprisonment for the nonpayment of costs or fines, or under
final judgment in the cases of bastardy, or under vagrant acts,
and all insolvents who may be imprisoned by any court of compe-
tent jurisdiction in any county for the nonpayment of costs, and
all persons who may be sentenced in said counties to the State's
Prison for a term of not more than three years, may be worked
on the public roads of Nashville Township Road District if asked
for by said road commissioners.
Sec. 12. That upon application of the said road commissioners
to the Judge of the Superior Court of any county in the State,
the justice of the peace or principal oflicers of any municipality
or other inferior courts within or outside of said road district, the
said judge or other officers may and it shall be the duty of the
justice of the peace or said principal oflicers of any municipality
or other inferior courts in said district to sentence such persons
convicted in such court to work on the public roads of said dis-
trict ; all such convicts to be clothed, fed and otherwise cared for
at the expense of said district, and the cost of transferring, guard-
ing and maintaining such prisoners as may be sent to said dis-
1909 — Chapter 833. 1219
trict shall be paid by the road commissioners: Provided, that any Proviso: rftum of
such prisoners may be at any time returned to the keeper of the ™'"'*^'~''
jail of said county from which they are sent, all transportation to Expense of
be paid by said road commissioners. transportation.
Sec. 13. That subject to the approval of the road commissioners Location or
the superintendent of roads is hereby empowered, with the aid "Change of road.
of a competent engineer or surveyor, to locate, relocate or change
any part of any public road in said road district, when in his
judgment the same will prove advantageous to public travel ; and Procedure for
tl^'>6SSITlCnt of
when any person or persons on whose lands the new road or part damages,
of the road to be located claims damages therefor, and within
sixty days files a petition before the said road commissioners ask-
ing for a jury to assess damages, the said commissioners, within
not less than twenty days nor more than sixty days after the com-
pletion of said road, shall order a jury of three disinterested free-
holders to be summoned by the sheriff or constable, as provided by
law, who shall give said landowner or his local representative
forty-eight hours' notice of the time and place when and where
the said jury will meet to assess damages ; and said jury, being
duly sworn, in considering the question of damages, shall also take
into consideration the benefits to the owner of said land, and if Benefits to he
said benefits shall be considered equal to or greater than the dam- - '
ages sustained, then the jury shall so declare, and report in writ-
ing its findings to the road commissioners for revision or confirma-
tion: Provided, that if said landowner be a nonresident of said dis- Proviso: notice to
trict or county and have no local representative, it shall be deemed nonresidents.
a sufficient service of such notice for the sheriff or constable to
forward by mail a written notice of the purpose, time and place
of such meeting of said jury to the last known post-office address
of such landowner, seven days in advance of such meeting, and
also to post a notice for seven days at the courthouse in the town
of Nashville and at three other places in Nash County.
Sec. 14. That in case the landowner or his legal representative Rigiii of appeai.-
or the road commissioners shall be dissatisfied with the findings
or decision of the juiy, as provided for in section thirteen of this
act, he or they may appeal from their decision to the Superior
Court of Nash County, all such appeal and appeals under sections
•seven and thirteen of this act being governed by the law regulating
ai)peals from the justices of the peace, and the same shall be heard
de novo; but the judge, in his discretion, may require the land- -hidge may
•^ ^ .11 require bond on
owner or said commissioners to give bond when the case is tak(>n api)eal.
by appeal to the Supreme Court.
Sec. 15. That it shall be unlawful for anyone to take and carry Taking material
away sand, clay, soil or gravel from a public road in Nashville ditches unlawful.
Township Road District or from the ditches along the sides of
public roads in said district, without the written consent of the
superintendent in charge of such roads.
1220
1909— Chapter 833.
No money
expended on
streets.
Proviso: excep-
tion.
Release from
county road tax
and road duty.
Liability of
county discharged.
Compensation of
superintendent
and employees.
Labor in discharge
of road tax.
Rate.
Proviso: amount
of work.
Monthly reports
of treasurer.
Annual report.
Publication.
Proviso: expense
of publication.
Commissions
allowed sheriff.
Compensation of
treasurer.
Sec. 1G. No money shall be expended on any street of any incor-
porated town or city within said road district : Provided, hoicever,
that this section shall not apply to Washington Street and Boddie
Street, commonly known as Railroad Street, in the town of Nash-
ville.
Sec. 17. The property embraced in Nashville Township Road
District shall not be liable to Nash County for any road tax to be
used or expended outside of said road district, nor shall the per-
sons living in said district be liable to any personal road service
after this act goes into effect, nor shall said county be liable for
any expense of the public roads in said district after this act goes
into effect, except on account of bridges costing ten dollars and
over, which bridges are to be built and repaired out of the general
fund of Nash County, if the board of county commissioners shall
first consent to the expenditure of said money out of the general
county fund for rebuilding or repairing said bridges.
Sec is. The board of road commissioners shall have power
and authority to fix the rate of compensation to be paid to the
road superintendent and such other persons as may be employed
to work the public roads of said district, and such compensation
may be changed from time to time as circumstances require, all
such expense to be paid out of the district funds by the treasurer,
as provided for the payment of other expense accounts.
Sec. 19. That any person charged with road tax within said dis-
trict may, in the discretion of the road commissioners or road su-
perintendent, be allowed to discharge same by labor on the public
roads of said district at the rate of sixty cents per day: Provided,
that no person so working out his taxes shall be allowed to do
less than two full days' work of nine hours.
Sec. 20. The county treasurer shall make a monthly statement
to the road commissioners, showing itemized receipts and dis-
bursements of all funds of Nashville Township Road District, and
on the first Monday in June of each year shall make a full item-
ized report of all receipts and disbursements of said funds, and it
shall be the duty of said road commissioners to publish same, as
required by law governing publishing annual statements by the
Board of County Commissioners of Nash County : Provided, the
cost for publishing said annual statement of road-district receipts
and disbursements shall not exceed one-half cent per word.
Sec. 21. For his services in collecting and paying over to the
treasurer all sums of money levied for road purposes in said dis-
trict the sheriff shall be allowed such commissions as may be fixed
by the board of county commissioners, the board of road commis-
sioners conciirring, not exceeding four per centum, and he shall
be entitled to retain his commissions upon the settlement of the
road tax with the county treasurer. The treasurer shall be al-
lowed such sum as may be fixed by the board of county commis-
1909— Chapter 833. 1221
sioners, the board of road commissioners concurring, not exceed-
ing one-balf of one per centum on receipts and one per centum on
disbursements by bim on account of said road district funds, such
commissions to be received by bim in full for all such services
enjoined upon him by virtue of the provisions of this act. Said Bonds of treasurer
treasurer and said sherife shall both give bonds, with good and ^"■
sufficient sureties, in such sum as may be fixed by the board of
county commissioners, conditioned upon the faithful discharge of
their duties and for the accounting of all sums which may come
into their hands by virtue of the provisions of this act.
Sec. 22. That each member of the board of road commissioners Road commis-
for said district, before entering upon the duties of his office, shall ^ond!^" ° ^'^^
deposit with the board of county commissioners a bond, in such an
amount as the said county commissioners may fix, payable to the
county of Nash, for the use and behoof of said Nashville Town-
ship Road District funds, as a guarantee for the faithful and
honest discharge of the duties of his office and the proper account-
ing of all funds which may come into his hands by reason of this
act, and which bond shall be registered in the office of the register
of deeds and filed with the clerk of the Superior Court. The said
board shall have power to increase the said bond or to require a
new one whenever in their judgment it may be necessary or ad-
visable.
Sec. 23. For their services as road commissioners each member Salary of road
shall receive such compensation as salary or per diem as may be commis i
fixed by the board of county commissioners, all such salaries or
per diem to be paid out of the funds of said road district, as
provided for the payment" of other expenses.
Sec. 24. All persons, firms or corporations who shall operate or Loggers and ium-
cause to be operated on the public roads of said Nashville Town- out'ucense.
ship Road District any cart, wagon, traction engine or other con-
veyance for hauling logs, timber or lumber shall, before beginning
the operation of said cart, wagon, engine or other vehicle for said
purpose, secure a license or permit for such business and pay to License fees,
the sheriff of Nash County the sum of two dollars and fifty cents
for each and every such two-horse cart or wagon, and five dollars
for each and every four-horse cart or wagon or conveyance, and
seven dollars and fifty cents for each and every six or eight horse
cart, wagon or conveyance, and ten dollars for each and every ten-
horse (or more) cart, wagon or conveyance. Such license or per-
mit issued in accordance with this section shall be for twelve
months from date thereof, and transferable only with the ap-
proval of the chairman of the board of road commissioners of
said district. It shall be the duty of said sheriff issuing such Sheriff to pay
,, „ , . , , . V, „„ over license fees,
license or permit to turn over all funds received under the pro-
visions of this section to the treasurer, as i-equired and in accord-
„ , . i ^ . . .11- Fee for issuing
ance with section nine of this act. For issuing said license or ncense.
1222
1909— Chapter 833.
Proviso: hauling
for personal use.
Election for ratifi-
Appointment of
election officers.
Law governing
election.
Ballots.
permit the sheriff shall receive a fee of tweuty-five cents, to be
paid by the person, firm or corporation applying for such license or
permit: Prociflcd, that nothing in this section shall prevent any
person hauling lumber for their own personal use, or person whose
teams, wagons, etc., are not regularly employed for such purpose.
Sec. 25. That it shall be the duty of the Board of County Com-
catwn or rejection j^jggjyj^gj.g ^^ ^,^^^ County to order and have held an election
in said Nashville Township Road District on Saturday, the
twenty-ninth day of May, one thousand nine hundred and nine,
as to whether the provisions of this act shall apply in the said
district or not. For the holding of said election the board of
county commissioners shall appoint a registrar and two poll hold-
ers and other officers necessary to said election in said district.
Notice of election, said commissioners giving' thirty days' notice prior to the holding
of said election, said notice to be published in some newspaper
I published at the county seat of said county, or if there be no
ne^^'spaper published at the county seat, then in some other news-
])aper published in said county and at the courthouse door. In
all other respects said election shall be held under the law regulat-
ing the election of members of the General Assembly. At said
election all of those who favor the levy of said road tax and the
provisions of this act shall east a ballot on which shall be printed
"For Good-roads Bonds," and those against- said levy and the
provisions of this act shall east a ballot on which shall be printed
Effect of election. "Against Good-roads Bonds." If a majority of the qualified voters
of said district shall vote "For Good-roads Bonds," then all of
the provisions of this act shall apply in said district; but if
a majority of the qualified voters of- said district shall vote
"Against Good-roads Bonds," then the provisions of this act shall
not apply to said district, and the public roads of said district
shall be worked thereafter and kept up as authorized by chapter
sixty-five of the Revisal of one thousand nine hundred and five
of North Carolina.
Sec. 26. That the board of road commissioners for Nashville
Township Road District, the board of county commissioners con-
curring, shall be and are hereby authorized and empowered to
issue bonds of said Nashville Township Road District, to be styled
Nashville Township Road District bonds, to an amount not to
exceed twenty thousand dollars, of such denomination and of such
liroportion as said road commissioners may deem advisable, bear-
ing interest from the date of issue thereof, at a rate not exceed-
ing six per cent per annum, with interest coupons attached, pay-
able annually or semiannually and as may be deemed best, at
such time or times and at such place or places as may be deemed
advisable by said road commissioners ; said bonds to be signed
by the chairman and secretary of said road commissioners for
Nashville Township Road District, and to be of such form and
tenor and transferable in such way, and the principal thereof
Bond issue
authorized.
Amount.
Denomination
Interest.
Authentication.
1909— Chaptee 833. 1223
payable or redeemable at such time or times, not exceeding thirty Maturity.
years from the date thereof, and at such place or places as
said road commissioners may determine. None of said bonds shall Bonds not to be
... , 1 ., -1 sold below par.
be disposed of for a less price than their par value, and the said
bonds may be issued at such time or times and in such amount or
amounts as may be deemed best to meet the expenditures provided
for in this act. The liability for the payment of said bonds, to- Liability for
gather with all interest that may be due thereon, shall be attached
to and imposed upon the division of Nash County herein named and
designated as Nashville Township Road District : Provided, hoic- Proviso: election
„ , . .. , ,. ^. ., , 1 -i-i. .3 4- on bond issue.
ever, that the provisions of this section shall hrst be submitted to
a vote of the qualified voters of said Nashville Township Road
District, at an election to be held on a day to be designated by
said road commissioners for Nashville Township Road District.
For the holding of said election the Board of County Commis- Appointment of
sioners of Nash County shall appoint a registrar and such poll ^^^'^^'^^ °®*^'^^®-
holders and such officers as may be necessary, and said registrar Registration.
shall be provided with registration book and shall register all
duly qualified voters applying for registration whose hona fide
residence is in the Nashville Township Road District. On the Holding of elec-
day designated the said registrar and poll holders shall meet at ^'°°'
the usual voting place in the said district, and after being duly
sworn shall hold said election. At said election all voters who Ballots.
shall favor the issue of bonds, as provided in this section, shall
cast ballots on which shall be printed or written "For Good-roads
Bonds," and those opposed to such shall cast ballots on which
shall be printed or written "Against Good-roads Bonds." In all Law governing
election
other essential respects said election shall be held and conducted
in the manner prescribed for the election of members of the
General Assembly, and the qualification of electors shall be the
same as prescribed in the general election law. When the election Count of votes and
,,,„.,,,, . , , ,, , 11 , ,1 J.1 1 declaration and
shall be finished the registrar and poll holders shall open the box record of result.
and count the ballots and declare and record the result. The said Returns.
registrar and poll holders, after counting the ballots, shall declai-e
the result, making written record of same, and shall deliver a
certified copy of such record to the Clerk of the Superior Court
and Register of Deeds of Nash County, and the same shall be
pr()i)erly recorded, and no further record of same shall be neces-
sary. If a ina.iority of the qualified registered voters of the Effect of election.
Nashville Township Road District shall vote "For Good-roads '
Bonds," then said bonds shall be issued, and the other powers and
duties shall be exercised' as provided in this section : Provided, if Proviso: further
elections
a majority of said registered voters shall fail to vote "For Good-
roads Bonds," another election or elections may be held under
this act at any time within four years of the date of the first
election. The cost of holding said election shall be paid by the Co.st of holding
road commissioners for Nashville Township Road District out of ^ ^^ "*"■
any money belonging to said road district.
1224
1909— Chapter 833—834—835.
When act
effective.
Violation of act Sec. 27. Auy person violatiug any of the provisions of tliis act
mis emeanor. shall be guilty of a misdemeanor.
Sec. 28. All laws and clauses of laws in conflict with the pro-
visions of this act are hereby repealed.
Sec. 29. That this act shall be in full force and effect on and
after ratification by a majority of the qualified voters of said
Nashville Township Road District, in accordance with section
Proviso: effect on twenty-five of this act : Provided, that nothing in this act con-
°''^^' tained shall be construed as in anywise affecting, altering or
changing the provisions of any other district law now or hereafter
in force in Nash County.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 834.
AN ACT TO AMEND CHAPTER 59, PUBLIC LAWS, EXTRA
SESSION 190S, TO COMPEL ATTENDANCE OF INDIANS AT
SCHOOL.
The General Assembly of Xorth Carolina do enact:
Indian blood. SECTION 1. That all of section one after the word "thereof,"
in line four of said section, be and the same is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 835.
AN ACT TO AMEND CHAPTER 77. REVISAL OF 190.5.
TITLED "WEIGHTS AND MEASURES."
EN-
The General Assembly of North Carolina do enact:
Standard weights. Section 1. That chapter seventy-seven, section three thousand
and sixty-six, of the Revisal of one thousand nine hundred and
five, be amended by inserting after the word "pounds," in line
seventeen, page nine hundred and twenty, "turnips, fifty pounds;
onions, fifty-seven pounds ; sweet potatoes, fifty-six pounds ; Irish
potatoes, fifty-six pounds ; green apples, forty-eight pounds."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1909.
Turnips; onions.
Sweet potatoes.
Irish potatoes.
Green apples.
1909— Chapter 836—837. 1225
CHAPTER 836.
AX ACT TO AMEND SECTION 3471 OF THE REVISAL OF
1(]05, RELATIVE TO SHIPPING CERTAIN BIRDS FROM
THE STATE.
The General Assembly of North Carolina do enact:
Section 1. That section three thousand four hundred and
seventy-one of the Revisal of one thousand nine hundred and five
be and is hereby amended by adding to said section, at the end
thereof, the following words: ''Provided, nothing herein contained P/oviso: shipment
' " of snipe and
shall prevent the shipment from Tyrrell County of snipe or wood- woodcock from
cock killed or captured in said county from the first day of August Tyrrell county.
to the first day of September."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 19(X).
CHAPTER 837.
AN ACT TO ASSIST POOR AND INDIGENT CHILDREN TO
PROCURE NECESSARY SCHOOLBOOKS.
The General Assembly of North Carolina do enact:
Section 1. That whenever any public-school teacher in Chowan Inquiry as to con-
County shall ascertain that there are children in his school who
do not possess sufficient and necessary schoolbooks, or that there
are children in his district who are not attending school on account
of not being able to purchase sufficient and necessary public-
school books, then it shall be the duty of said teacher to inquire
into the condition of said children, and if it be ascertained, upon
oath and examination of the parent or one standing in place of
parent of the said children, that it is impossible for them to
secure the necessary public-school books, the said teacher shall Report.
report the name, age and parents of said children, the number and
kind of books, the price of same, required and needed for said
children, to the superintendent of the county board of education,
who, with one other member of the board of education, may Further inquiry.
further investigate same, and if deemed advisable by said board Report to county
' ^ ^, -^ -, .. r, ■ ■ ^- r-i'L r-i i. commissioners,
they may report to the Board ot f Dnnnissioncrs ot Chowan County
the number, age, parents and condition of said children in each
school district, and the number and price of books needed for such
children in that district; whereupon the county commissioners <^'f i^u"cf and°books
Chowan County shall issue a warrant to the teacher of said dis- supplied.
1226
1909— Chapter 837—838.
trict for the amount named in the report and recommendations of
the county superintendent for the poor children in that district,
which teacher shall immediately upon the receipt of said warrant
Iiroceed to secure the required boolis and place them in the
hands of said poor children of the said district.
Application of act. Sec. 2. That this act shall only apply to Chowan County, and
only after its acceptance and adoption by the board of education
When effective. at its meeting July first, one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. inOO.
CHAPTER 838.
AN ACT TO AUTHORIZE THE TOWNSHIPS OF RANDOLni
COUNTY TO ISSUE BONDS FOR THE PERMANENT IM-
PROVEMENT OF THEIR PUBLIC ROADS.
Petition for
election.
Limit of amount.
Election to be
called.
Time of election.
Notice of election,
New registration.
Law governing
registration and
election.
Provi.so: appoint-
ment of election
ofiBcers.
The General AsscDihlij of North Carolina do enact:
Section 1. That upon the presentation of a written petition to
the Board of Commissioners of Randolph County, signed by one-
third of the resident taxpayers of any township in said county,
requesting that an election be called for the said township to vote
on the question of issuing bonds in any amount not to exceed
fifteen per cent of the assessed valuation of real and personal
property in such township, with interest-bearing coupons, to aid
in the construction of graded and macadamized or other perma-
nent roads in said township, said petition to be recorded on the
minutes of the said board, it shall be the duty of the said board
of commissioners to call an election, to be held within ninety days
after the presentation of said petition, at the polling place or
places in said township, and submit to the voters of said town-
ship the question of issuing bonds for said purpose, the bonds to
be issued upon the terms and conditions hereafter set out. The
said board of commissioners shall, for at least thirty days preced-
ing the election, give public notice of the election and the purpose
thereof, by notice posted at the courthouse door in Randolph
County and at three other public places in said township and in
some newspaper having a general circulation in said township.
Sec. 2. That the said board of commissioners shall order a new
registration of the voters of said township for said election, and
the registration and challenging of voters shall be conducted and
the election shall be held and conducted in the same manner as is
now or may hereafter be prescribed by law for holding elections
for members of the General Assembly, except as herein otherwise
provided : Provided, that the said board of commissioners shall
appoint the registrars and judges of election and any other elec-
1909— Chapter 838. 1227
tion officers ; that the registrars and judges shall, at the close of Count of votes
and certificate of
the polls, count the votes, certify the result and, on or before two result.
days after the election, shall make returns to the board of county Returns,
commissioners, and said board shall, on or before four days after canvass of
the election, canvass and determine the returns, declare the result '"^t"™'^-
and cause the same to be entered on the minutes of the board.
Sec. 3. That at said election the ballots tendered and cast by Ballots.
the qualified voters shall have written or printed on them the
words "For Good Roads" or "Against Good Roads," and all quali-
fied -Voters who favor the issuing of bonds upon the conditions and
terms set out in this act shall vote "For Gocd Roads," and all tht>
qualified electors opposed thereto shall vote "Against Good Roads."
Sec. 4. In the event that a majority of the qualified voters of Bonds to be
issuGci
said township shall at said election vote "For Good Roads," the Denoniinations.
said board of commissioners shall have prepared bonds in such
denominations as said board maj' direct, the total amount to be Amount.
such amount as is named in the petition for such election, not to
exceed fifteen per cent of the assessed valuation of real and per-
sonal estate in said township, with interest-bearing coupons at Interest.
tached, at a rate to be determined by said board: Provided, same Proviso: limit of
shall not be less than four nor exceeding six per cent per annum,' "^^*^®®^ ^''''^^■
payable semiannually during the time said bonds shall run, and Maturity.
the principal of said bonds shall be payable thirty years from the
date of issuing the said bonds, and coupons shall be payable at
the office of the Treasurer of Randolph County or 'other place de-
termined upon by the said board. Both the bonds and the coupons Authentication,
shall be numbered consecutively and shall be signed by the chair-
man of the board of county commissioners and countersigned by
the secretary of said board, and the said bonds shall have im-
pressed upon them the official seal of the Register of Deeds of
Randolph County. The said bonds shall be styled bonds to aid in Designation of
the construction of permanent roads in Randolph County, North ®"
Carolina, and the said bonds and coupons shall express upon their
face that they are issued for and on account of said township and
that they are payable out of the taxable property and polls of
said township.
Sec. G. That if bonds are to be issued on behalf of any townshq) Township high-
• 1 . T ii ■ • ^ Ai • i. i-i i-i 111 way commission,
in said county under the provisions of this act. then there shall
be appointed by the Ijoard of county commissioners of said county
for such township a township highway commission, to consist of
three members, not more than two of whom shall belong to any pohtical affilia-
one political party. Said township highway commission shall hold 'jig"jn of office
office until all the proceeds of said bonds shall have been used in
grading, macadamizing, repairing and improving the roads of
such township. The members of such township commission shall Powers of com-
mis.sion.
have complete charge and supervision of such work. They may
let the work of such roads to contract to the lowest bidder, or they
1228
1909— Chapter 838.
Commissioners
to give bond.
Further enumera-
tion of powers.
Surveyor or
engineer.
Organization.
Meetings.
Compensation.
Payment of cost
and expense of
roads.
Sale of bonds.
Powers of com-
mission in locating
changing and
working roads.
Entry on land for
construction and
material.
Procedure for
assessment of
damages.
may purchase the necessary equipment and machinery and employ
competent persons to aid in the worlc, under their own supervision.
They shall each give bond in the sum of three thousand dollars
for the faithful performance of their duties, said bonds to be pay-
able to the State of North Carolina^ and shall be approved by the
board of county commissioners of said county. They shall have
control of the paying out of the proceeds of said bonds, and shall
approve all accounts for work on said roads, and the treasurer
of the county shall pay all vouchers and warrants issued by said
highway commission for the purposes herein provided out of the
•'proceeds of the sale of said bonds. Said highway commission
shall employ a competent surveyor or engineer, who shall, under
the direction of the highway commission, lay off said roads and
make and prepare proper specifications, and said roads shall be
built and improved in accordance with such specifications. Said
highway commission shall appoint a chairman and secretary and
shall keep a record of their proceedings. They may meet on the
first Monday in each month during the progress of the work, and
may adjourn from day to day, but shall not be in session longer
than three days in any one month. They shall be allowed two
dollars per day for their services for each day actually engaged,
which shall be paid out of the proceeds of said bonds. All the
costs and expenses attendant on improving the roads of any town-
ship shall be paid out of the proceeds of the bonds issued and
taxes levied for such township. The bonds issued under the pro-
visions of this act shall be sold as the township highway commis-
sion may demand of the board of county commissioners.
Sec. 6. That said highway commission, when organized, may
and it shall be their duty to locate, relocate, widen, grade, macad-
amize or otherwise change any public road or any part of the
same, or cause the same to be done, when in their judgment such
location, relocation or change, as aforesaid, is necessary, and for
said purposes they shall have the power and authority to employ
all necessary labor and to fix the compensation of the same, and
to buy all material and machinery that may be necessary, and
they are authorized to enter upon the lands of any persons sit-
uated in their respective township and to proceed to open, build
and construct or change any public road or any part thereof, and
may use stone, earth, timber or any other necessary material con-
tiguous to or near said road, to be used in opening, constructing,
changing or working the same. That when any person or persons
over whose lands any old or new road or a part of which is to be
located, relocated, widened, changed or extended claims damages
therefor in excess of what the highway commission may deem
just and offer to pay, and shall within thirty days petition said
highway commission for a jury to assess the damages, the high-
way commission shall, within not less than fifteen days nor more
than sixty days after the completion of said road, order a jury of
1909— Chapter 838. 1229
three freeholders, residents of said township, none of whom shall
be related to the person claiming damages, to be summoned by
the sheriff of the county or constable of the township, after three
days' notice to the owners and to the members of the highway
commission, to meet and assess the damages which may be sus-
tained by the owner of the land, which said jury, after being
duly sworn to impartially assess the damages, shall proceed to
assess the same and make their report to the next regular or
called meeting of the said highway commission. The said jury. Benefits to be
in considering the question of damages, shall take into considera- conbidered.
tion the benefits to the owner of the land by such road or changes <
in the same, and if the said benefit be considered equal to the
damages sustained, then the jury shall so declare, but if the dam-
ages shall exceed the benefit, they shall declare the amount thereof.
Either the highway commission or the party interested may ap- Right of appeal,
peal to the Superior Court of Randolph County, and the same
shall be heard <le novo, but before the same is heard the judge judge may
may in his discretion require either party to give bond, if the 0^*1"'^° ^"""^ °"
appeal is docketed in the Superior Court.
Sec. 7. That if bonds are issued for any township, as herein pi-o- special tax.
vided for, then the Board of County Commissioners of Randolph
County shall, at the regular time for levying taxes for said county,
for the purpose of paying the interest on said bonds as it be-
comes due, and also for the purpose of paying the principal of
said bonds as it becomes due, and for maintaining said roads
when built and repaired, levy annually a special tax upon all the
property located within any township for which said bonds are to
be issued, which said taxes shall not exceed forty cents on the Limit of rate.
one hundred dollars valuation of property and one dollar and
twenty cents on the poll, which said taxes shall be collected by
the Sheriff of Randolph County and paid over by him to the
treasurer of said county for the purposes herein provided for ;
that so much of same as is necessary shall be applied to the pay- Sinking fund,
ment of interest on said bonds and the balance set apart and
invested by the county commissioners as a sinking fund to pay
the principal of said bonds : Provided, that the commissioners proviso: no other
of said county shall not levy any other special tax for road pur- road tax to be
poses upon property within that township in which bonds are
issued under this act. whether said taxes bo now or hereafter au-
thorized.
Sec. S. That whenever two or more townships in said county Townships joining
desire to join in issuing bonds under the ])rovi.sions of this act. '^ ^°"'^' issue,
they may join together and petition the board of county com-
missioners as if they were one township, and all the provisions of
this act shall apply to said district as if the same were a town-
ship under the provisions of this act.
Sec. 9. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. inof).
1230
1909— Chapter 839—840.
CHAPTER 839.
AN ACT TO PROVIDE NECESSARY CLERICAL HELP TO
THE INSURANCE DEPARTMENT.
Deputy and
accountant.
Salary.
The General Assembly of North Carolina do enact:
Section 1. Amend chapter eight hundred and thirty, Public
Laws one thousand nine hundred and seven, section ten (10), by-
adding at the end thereof the words "a deputy insurance com-
missioner and accountant, who shall receive a salary of eighteen
hundred dollars ($1,S00) per annum."
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 840.
AN ACT FOR TPIE BETTER ENFORCEMENT OF THE GAME
LAW IN CERTAIN COUNTIES.
Game-protection
commissioners.
Form of license.
Licenses and other
blanks.
Record of licenses.
Application for
and issue of
license.
Fees.
License to expire
with hunting
season.
Form and effect
of license.
The General Assembly of North Carolina do enact:
Section 1. That the board of county commissioners for the several
counties named in this act are hereby constituted game-protection
commissioners for their respective counties, for the better protec-
tion and preservation of game in the said counties and to secure
the better enforcement of the game laws of said counties.
Sec. 2. The said game-protection commissioners shall prescribe
the form of license for nonresident hunters, and shall furnish to
the clerk of the Superior Court of their respective counties all
licenses and other blanks required under the game laws, and shall
also furnish to the clerks of the Superior Courts a bound book
for the purpose of keeping a record of all hunters' licenses that
may he issued.
Sec. 3. Any nonresident of the State of North Carolina who
desires to hunt, shoot or trap birds or other animals in any part
of said counties shall make application to the clerk of the Su-
perior Court of the county where said applicant desires to hunt,
shoot or trap, who shall issue such a license upon payment of a
tax of ten dollars and the clerk's fees, amounting to fifty cents.
The license shall expire on the termination of the hunting season,
as fixed for the said counties. The license shall be of such form
as the game-protection commission of either of said counties shall
prescribe, and shall entitle the owner to hunt in any county em-
braced in this act, in the manner provided by law for hunting in
such county. Any license granted under this act shall entitle the
holder to hunt only in the county issuing the same.
1909— Chapter 840. 1231
Sec. 4. The funds received by the clerk of the Superior Court or Disposition of
other person from the sale of hunters' licenses shall be turned ^''^^'^^® ^^^®-
over to the treasurer, one-half of which shall be turned into the
school fund of said county and the other half be set apart as a
fund for the enforcement of the game law in said county.
Sec. 5. That the board of county commissioners of each of the Chief game
, . . , ^ , warden,
counties, on the first Monday in May, one thousand nme hundred
and nine, and biennially thereafter, shall appoint a chief game
warden for their respective counties, who shall hold his office Term of office.
for a term of two years ; that it shall be their duty to diligently wardens to
enforce the game laws of their counties, as hereinafter set forth. ^'^°'"'=^ ^^"^^ ^^'^^•
Sec. 6. That for more thorough enforcement of the game laws of Deputy game
said counties it shall be the duty of the chief game warden, upon ^^^ ^"^'
the petition of three freeholders of any township in said county, to
appoint deputy game wardens in said township.
Sec 7. That every warden so appointed shall, before entering wardens to
upon the duties of his office, take and subscribe before the clerks Qualify.
of the Superior Court of their several counties an oath to perform
the duties of said office, together with the other oath prescribed
for police officers, and execute a bond in the sum of fifty dollars Bond of wardens.
for the faithful discharge of his duties, and the said oath and bond
shall be recorded by the clerk in his office, and the warden so Powers and
qualified shall possess and exercise all the powers and authority ^^r^ens?^ °^
hold and exercised by tlie constable at common law and under
statutes of this State : Provided, these powers shall only apply to Proviso: powers
the execution of any paper or papers and proceedings relative to game laws!' ^
game and game laws. The clerk shall not charge more than fifty clerk's fee.
coats for taking and recording said oath.
Sec. S. That the deputy game wardens shall receive the sum of Fees of deputy
, ,,„,,, „ , ••,.,. 1 game wardens.
two and one-halt dollars for each nonresident license procured
for such nonresident hunter, and for each conviction for the said
game laws he shall receive the sum of two and one-half dollars,
in addition to fe<>s allowed by law for serving process and other
acts as constable.
Sec 9. That the moneys paid out to the cliicf game warden or Payments to
his deputies for convictions under this act shall be paid out of the ^^"^® wardens.
fund for the enforcement of the game law by the treasurer of the
county, in the same manner as the county funds are disbursed ; and Amounts retained
the amount due said wardens and deputies for collecting license ^ ''^^^ ®"'^"
taxes shall be retained by them when remitting license taxes to the
clerk of the court.
Sec. 10. That said wardens and deputy wardens shall have all Powers and duties
the powers given in sections one thousand eight hundred and sixty- rev'^s^af.^'^' ' '"
nine and one thousand eight hundred and seventy of the Ilevisal
of one thousand nine hundred and five and the duties enforced
therein; and said sections shall be a part of this act, except that Sections of revisal
the funds derived from sales under section one thousand eight Exception. ° ^^^'
1232
1909— Chapter 840—841.
Repealing clause.
hundred and seventy shall be paid to the county treasurer and
placed to the account of the fund for the enforcement of the game
law.
Sec. 11. That all laws and clauses of laws, in so far as they
conflict with this act, are hereby repealed.
Application of act. Sec. 12. That this act shall apply only to the following counties:
Beaufort, Hyde, Pamlico, Washington, Tyrrell, Currituck, Cam-
den, Perquimans, Chowan, Randolph, Onslow, Nash, Clay, Stokes.
Davie, Madison, Jackson, Sampson, Wilkes, Montgomery, Polk,
Pender, Hertford, Wilson, Wayne, Franklin, Macon, Harnett, Dup-
lin, Pasquotank, Gaston, Johnston, Jones, Carteret, Lincoln, Vance.
Henderson, Richmond, Forsyth, Yadkin, Caswell, Stanly, Union,
Robeson, Cleveland, Mitchell, Swain, Gates, Pitt. Bertie, Warren
and Graham. That the license of the Audubon Society shall not
be good in the counties named in this act.
Sec. 13. That this act shall be in foi'ce from and after May
first, one thousand nine hundred and nine.
Ratified this the 8th day of March. A. D. 1909.
License of Audu
bon society not
good.
When act
effective.
CHAPTER 841.
AN ACT TO REGULATE FISHING ON THE CAPE FEAR
RIVER AND ITS TRIBUTARIES AND TO PREVENT THE
USE OF DUTCH AND POUND NETS.
Acts declared
unlawful.
Waters affected.
Proviso: traps in
Harnett county.
Season for using
drift nets.
Misdemeanor.
Punishment.
When act
effective.
The General AssemhJy of North Carolina do enact:
Section 1. That it shall be unlawful to fish with dutch, pod,
fyke or other pound nets, or stake or stationary nets, or nets of
like kind, in the waters of the Cape Fear River below the mouth
of Black River, twelve miles above Wilmington, or in the waters
of North East River below the Castle Hayne bridge: Provided,
that there shall not be any obstruction in the form of traps placed
in the Cape Fear River, in Harnett County, to prevent the full
passage of fish in said river.
Sec 2. That drift nets shall be permitted in the waters of the
Cape Fear River within the territory described in section one of
this act and its tributaries, between February first and May
first of each year.
Sec. 3. That any person violating the provisions of this act shall
be guilty of a misdemeanor and fined not less than fifty dollars or
imprisoned not less than thirty days.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 5. That this act shall be in force and effect from and af-
ter January first, one thousand nine hundred and ten.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 842—843—844. 1233
CHAPTER 842.
AN ACT TO AMEND CHAPTER 224, PUBLIC LAWS 1007.
RELATIVE TO WORKING PRISONERS ON ROADS AT
THEIR OWN REQUEST. '
Tlie General Asscinblij of Xorth Carolina do enact :
Section 1. That sectiou two, chapter two hundred and tweuty- Law extended.
four. Public Laws of North Carolina, one thousand nine hundi-ed
and seven, be and the same is hereby amended by adding after
the word "Pitt," in line one of said section, the words "and Per-
son.'"
Sec. 2. This act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. litOI).
CHAPTER 843.
AN ACT TO AMEND SECTION 3733 OF THE REVISAL
OF 1905.
The General Assembli/ of Xorth Carolina do enact:
Section 1. That sectiou three thousand seven hundred and Public drunken-
ness a misde-
meanor.
thirty-three of the Revisal of one thousand nine hundred and five
be amended by adding "Catawba" to the list of counties therein
mentioned.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the lOtli day of February, A. D. 1909.
CHAPTER 844.
AN ACT TO PROMOTE HIGHWAYS IN MARS HILL
TOWNSHIP.
The General Assembly of North Carolina do enact:
Section 1. That the Board of County Commissioners of Madison Election on bond
County be and it is hereby authorized and einijowered, upon a on^petition.*^'^
petition of one-third of the qualified voters of Mars Hill Township,
Madison County, as cast in the last preceding election for Gov-
ernor, at such time or times as in its discretion it may deem best,
to submit the question as to whether or not Mars Hill Township
shall issue bonds in a sum not to exceed the sum of twenty-five Amount.
Pub.— 78
1234
1909— Chapter 844.
Use of proceeds.
Notice of election.
Proviso: subse-
quent elections.
Law governing
election.
Proviso: appoint-
ment of election
officers.
Registration and
challenge of
voters.
Count and return
of votes.
Canvass of
returns and
declaration and
record of result.
Ballots.
Proviso: fees of
officers.
Record of result.
Record conclusive
after sixty days.
Election of per-
manent road
commission.
thousaud dollars, with interest coupons attaclied, the proceeds of
which shall be used for the purpose of repairing, making, improv-
ing, grading and macadamizing the public roads of said township.
The said board of county commissioners shall, for at least thirty
days preceding the election, give public notice of such election, to-
gether with the purpose thereof, by publication in one or more
newspapers published hi said county : Provided, that if a majority
of the qualified voters of said township shall not vote to issue bonds
at the election so held, said board of county commissioners may
submit the question to the qualified voters of said township at
any other time or times, under the provisions and regulations here-
inafter enacted.
Sec. 2. That any election held under the provisions of this act
shall be held and conducted in the same manner as is now or
may hereafter be prescribed by law for holding elections for mem-
bers of the General Assembly : Provided, however, that the said
board of county commissioners shall appoint the registrars, judges
and inspectors of election and any other election officers ; that the
registration and challenge of voters shall be conducted in the same
manner as is now provided or may hereafter be provided for the
election of members of the General Assembly, and the said county
commissioners may or may not order a new registration for any or
all of said elections. The vote shall be counted at the close of
the polls, and returned to the said board of county commissioners
on the Thursday next following the election, and said board of
county commissioners shall tabulate and declare the result of
the election, all of which shall be recorded in the minutes of
the board of county commissioners, and no other recording and
declaration of the result of said election shall be necessary.
Sec. 3. That at the said election or elections the ballots ten-
dered and cast by the qualified voters shall have written or printed
upon them "For Good-roads Bond Issue" or "Against Good-roads
Bond Issue," and all qualified electors who favor the issuing of
said bonds shall vote "For Good-roads Bond Issue," and all quali-
fied voters opposed to the issuing of the said bonds shall vote
"Against Good-roads Bond Issue" : Provided, that the fees to the
registrars and other officers holding said election shall be one-half
of the fees allowed by the general election laws.
Sec 4. In the event that the requisite majority of qualified
voters of said township shall vote "For Good-roads Bond Issue"
at said election, the result shall be declared and recorded in the
records of the board of county commissioners of said county ; and
after the expiration of sixty days from such entry upon the rec-
ords the same shall not be open to attack, but the record shall be
deemed conclusive evidence of the truth thereof. And at the first
regular monthly meeting of the Board of Commissioners of Madi-
son Countv held after said election the said board shall elect three
1009— Chapter 844:. 1235
electors, residents of said township, to be known as the Permanent-
roads Commission of Mars Hill Township, and their term of office Term of office.
shall continue two years and until their successors shall have
been elected and qualified, and the said board of county commis- Vacancies.
sioners shall have power to fill all vacancies, by death, resignation
or otherwise, for any unexpired term : Provided, that at least one Proviso: political
member of said permanent-roads commission shall at all times be
a member of a different party from that of a majority of said
board of commissioners, said member to be selected from the polit-
ical party casting the next highest vote to that political party
electing the majority of said board of commissioners at the last
election of county officers. That as soon as practicable after the Commissiou to
election of said members of the permanent-roads commission, they ™|.^ ^" organ-
shall meet and organize by electing one of their members chair- Organization.
man of said commission, another of their members secretary, and
another or some other suitable person who does not hold any
county office at the time of said election treasurer thereof, and Rules and rogu-
shall pass such rules and regulations for their government a.'* they
shall deem best : Provided further, that the permaneut-roads com- Proviso: commis-
• • 1 ,1 J. , J.T. z ^ ii • T J- J sioners to qualify,
mission shall take an oath before some person authorized to ad-
minister oaths to perform the duties of said office to the best of
their skill and ability : and Provided further, that as the terms of Successors.
office of said permanent-roads commission shall expire the Board
of Commissioners of Madison County shall elect their successors
to same for a period of two years.
Sec. 5. The highways to lie made, opened, built or improved bv Selection of roads
, , . , . . IX, . . J! .1 • I for improvement.
the permanent-roads commission under the provisions of this act.
shall from time to time be determined upon and designated by the
permanent-roads commission and the chairman of the board of
county commissioners in joint session. In determining upon said Matters for con-
highways said joint board shall take into consideration the needs ^' oration.
of the entire township and every part thereof, opening or improv-
ing those highways which in their opinion will lie of benefit to the
gi'eatest possible number of people of the township.
Skc. 6. In the event that the requisite majority of the qualifieil i.s.sue of bonds,
electors of said township shall vote "For Good-roads Bond Issue"
at said election, the result shall be declared and recorded as afore-
said, and the Board of County Commissioners of Madison County
shall have prepared bonds in the denomination not larger than
one thousand dollars and not less than one hundred dollax'S, the
total amount not to exceed that provided for in the first section
of this act, and the said bonds shall bear a rate of interest, to l)e interest.
determined before the issue thereof by the said board of county
commissioners, not to exceed six per centiun per annum, with the
interest coupons attached, payable semiannually during the time
said bonds shall run, and the principal thereof shall be payable Maturity.
twenty-five years from the date of their issue. Said bonds and
1286
1909— Chapter 844.
Authentication.
Deposit of bonds.
Advertisement
and sale of bonds.
Expense of selling.
Bonds not sold
below par.
Specific appro-
priation.
Proviso: respon-
sibility of pur-
chaser.
Record of bonds.
Proviso: books
open for inspec-
tion.
Funds kept
separate.
Separate
accounts.
Bond of treasurer.
coupons shall be payable in standard currency of the United
States, at such time and place as shall be designated by the board
of commissioners, and both bonds and coupons shall be numbered
consecutivel^^ beginning with number one. and both bonds and cou-
pons shall be signed by the chairman of said board of county com-
missioners and countersigned by the clerk of said board, and the
said bonds shall have impressed upon them the seal of said county.
The said bonds shall be styled Mars Hill Township permanent-
roads bonds.
Sec. 7. Immediately upon the preparation and signing of said
bonds, the same shall be deposited in some safe-deposit company
or bank, to be designated by the said board of commissioners, to
be drawn out on the ,ioint order of said board of commissioners
and the said board of permanent-roads commissioners ; and said
permanent-roads commission shall have the power to advertise
and sell any or all of said bonds, at such time or times as they
shall deem best, for the purpose of raising the fund with which to
repair, make and improve the public highways of said township
as aforesaid ; and the expenses of said advertising and selling or
any other necessary expenses in regard thereto shall be paid out
of the first money arising from the sale of said bonds.
Sec. 8. That none of the bonds authorized by this act shall be
disposed of by said permanent-roads commission, by sale, exchange
or otherwise, for less than their face value and accrued interest,
nor shall said bonds or proceeds be used for any other purpose or
purposes than those declared by this act: Provided, however, that
the purchasers of said bonds shall not be required to see to the
application of said fund. When said bonds are issued they shall
be numbered consecutively, and the coupons attached and issued
with them shall bear the number of the bond to which they are at-
tached. The bonds and coupons shall state on their face when they
are due and when payable, and said bonds shall show by what
authority they are issued. The said permanent-roads commission
shall record all their proceedings in respect to said bonds in the
minutes of their meetings, and whenever the same are sold the
number of bonds and their denomination, to whom sold and the
number of coupons attached must be recorded in said minutes :
Provided, that the minute book and all other books kept by the
permanent-roads commission shall at all times be open to the in-
spection of the commissioners of Madison County.
Sec. 9. When any of said bonds are sold, the proceeds of sale
shall be turned over to the treasurer of the permanent-roads com-
mission, who shall keep said fund and all other funds which may
come into his hands separate from all other funds, and he shall
keep separate accounts of the same ; and said treasurer shall,
annually, before any fund provided for in this act be paid over to
him. execute an ofhcial bond, payable to Mars Hill Township, in
1909 — Chapter 844. 1237
the usual manner, equal to the greatest amount which may at any
time come into his hands during the succeeding year by reason of
this act, conditioned for his faithful safe-keeping of the same and
rendering a due account in respect thereto, and in all things hold-
ing and disposing and accounting for the same as is required by
law, which bond shall be passed upon, accepted and received by
said permanent-roads commission ; and all orders directed to said Road orders.
treasurer for the payment of money under this act shall state on
their face that they are highway orders, and to what account they
are chargeable, and shall be signed by the chairman and secretary
of said commission.
Sec. 10. That in case any election held under the provisions of Special tax.
this act shall be in favor of issuing said bonds, the board of com-
missioners for the county of Madison shall annually compute and
levy, the first Monday in June, a sufficient special tax upon all
polls and all property, real and personal, and other subjects of
taxation on which the said board of county commissioners now or
may hereafter be authorized to levy taxes for general county pur-
poses, always observing the constitutional equation between the constitutional
tax on property and the tax on polls, with which to regularly and ^'^"■^tion.
promptly pay the interest on said bonds. Said taxes shall be col-
lected in the same manner and at the same time as other taxes,
and shall be paid over by the sheriff to the treasurer of the Per-
manent-roads Commission of Mars Hill Township, which officers
shall give a justified bond in an amount amply sufficient to cover
said taxes, the former officer for collecting and paying over and
the latter for safe-keeping and proper disbursement of said funds.
Sec. 11. For the purpose of creating a sinking fund with which Special tax for
to pay the principal of the said bonds issued under this act, it shall ^'"'^'"^
be the duty of the board of commissioners, at and after the expi-
ration of five years from the date of said bonds, to annually levy
and collect a special tax, in addition to that mentioned in section
ton of this act, and a tax provided for in this section shall equal Kate,
in amount one-twentieth of the amount of bonds issued under this
act ;, and whenever the amount of taxes collected under this sec-
tion, together with interest accumulated from the investment
thereof, as provided in section twelve of this act, shall be suflicienl
to pay off the principal of all outstanding bonds, then said Ixiard
of connnissioners shall cease to levy taxes for said sinking fund.
Sec. 12. That the taxes levied and collected for the purposes xaxe-s kept
specified in sections ten and eleven of this act shall be kept sepa- separate,
rate and distinct from each other and from any and all other taxes,
and shall be used for the purposes for which they were levied iind
collected : Provided, that if the taxes levied and collected for the Proviso: surplus,
paynienl^of interest shall in any year exceed the sum required for
that purpose, the amount in excess shall be applied to the credit of
the interest fund for the next succeeding year; and said l)oard of
1238
1909— Chaptek 811-.
Investment of
sinking fund.
Use of funds.
Purchase of tools
and machinery.
Employees.
County machinery
and convict force.
Employment and
expense of convict
force.
Roads may be let
to contract.
Contractors to
give bond.
commissioners, at the time of levying taxes for the payment of
interest for said next succeeding year, shall take into considera-
tion said excess and compute and levy said taxes accordingly.
Sec. 13. That it shall be the duty of the permanent-roads com-
mission for Mars Hill Township to annually invest any and all
money arising from the special tax collected under section eleven
of this act in the purchase of any of said bonds at a price deemed
advantageous to said township by the permanent-roads commis-
sion, but in case said bonds cannot be purchased the permanent-
roads commission may lend said sinking fund on real estate or
good personal security. The notes and other evidences of debt
given for any loan under this section shall be executed to and in
the name of the permanent-roads commission for Mars Hill Town-
ship, and in case said permanent-roads commission shall not be
able to invest any or all of said money, annually, as directed
above, it shall be the duty of said board to cause such parts as
they may be unable to invest to be deposited with some bank or
banks, trust or safe-deposit company or companies of undoubted
solvency, at the best obtainable rate of interest, and any and all
interest arising from the investments as above directed shall be
reinvested in the manner as above provided, until said bonds are
due.
Sec. 14. That the said permanent-roads commission shall use the
funds derived from the sale of said bonds for the purpose of con-
structing and improving the public highways in the said township,
and shall purchase and hold such tools, machinery, implements
and stock and employ such overseers, foremen and laborers as they
may deem necessary for the said purpose. The board of county
commissioners may from time to time put in the custody and con-
trol of the permanent-roads commission such part of the road-
making machinery and convict road force of the county as may
not be needed for the work of con.structing and repairing of public
roads under the county road law, and may at any time withdraw
from the custody of the permanent-roads commission all or any
part of said machinery and convict force. Said convicts, whije in
the custody and control of said permanent-roads commission, shall
be employed in the construction or repair of highways under the
provisions of this act. and the expense of maintaining and guard-
ing said convicts while so employed shall be paid out of the funds
derived from said bonds ; and the permanent-roads commission
shall have the power and authority to let out a contract or con-
tracts for the construction or improvement of any part of the
highways of said township. Upon letting out of any such con-
tract the said permanent-roads commission shall require of the
contractor or contractors a bond or bonds in a reasonable, amount,
to be fixed by said permanent-roads commission, for the full and
faithful performance of the contract.
1909— Chapter 844. 1239
Sec. 15. That the highways in said township constructed or im- Width of highway.
proved under this act shall not be less than fourteen nor more
than thirty feet wide, at least nine feet of which shall be graded Grade and
-. , macadam.
and macadamized as soon as is expedient.
Sec. 16. That as soon as the permanent-roads commission shall Highway super-
deem it necessary they shall elect a highway superintendent for "^ ^^^ ^" •
the said township and fix his compensation. The result of said
election shall be declared and the result shall be recorded in the
proceedings of said permanent-roads commission. Said persons Superintendent
so elected shall take and subscribe to an oath for the faithful g^-'g^l^^ffd.^'^'^
performance of his duties as highway superintendent, and shall
execute an official bond in the sum of one hundred dollars for the
faithful performance of his duties and for accounting for all money
and property which may come into his hands as said officer. Said
bond shall be approved by the said permanent-roads commission.
Said highway superintendent shall hold his office for two years and Term of office.
until his successor be elected and qualified, except that the said Removal for
. , cause.
permanent-roads commission may for any good cause remove said
highway superintendent from his office and elect a successor for
the unexpired term. Said highway superintendent shall enter upon Authority and .
his duties and work when and where directed by said permanent- supeT!n*tendent.
roads commission, and shall have such authority and perform such
duties as may be from time to time determined by said permanent-
roads commission. The said permanent-roads commission shall Civil engineer.
also have the power and authority in their discretion to employ
a competent civil engineer to assist in the planning and construc-
tion of the highways, and shall be authorized to pay said civil
engineer such sum for his services as in their judgment may be
reasonably fair.
Sec. 17. That said permanent-roads commission shall require the Quarterly
treasurer of said commission to account to them quarterly for the ^^coun s.
said highway fund, and may require, as often as deemed best. Reports from
, , . officers and
reports from officers and employees concerning the progress in employees.
their duties and to what extent and in what manner they have
performed the same.
Sec. 18. That in opening new highways, widening and straight- Entry on land for
ening old roads and repairing same, the permanent-roads com- buildmg roads.
mission, through its agents, are hereby authorized to enter upon
any land and locate and build such highways, and if the permanent- Procedure for
roads commission and the owner or owners of said land cannot lan^a^ges."' "*
agree as to the damages, if any, the permanent-roads commission
shall, within sixty days after said highway is completed, cause
to have summoned three freeholders, who shall go upon the land
and assess damages and benefits under the general road law
as it now exists, with the right of appeal as providetl in special
proceedings : Provided further, that before entering upon lands Proviso: notice to
as authorized by this section, it shall be the duty of the permanent- ^" owners.
1:>40
1909— Chapter 844.
County road law
not repealed.
Proviso: convict
and free labor
kept separate.
Physician for
convicts.
Audit of accounts
Fraudulent order
misdemeanor.
Punishment.
Failure to per-
form duty a jnis-
demeanor.
Punishment.
Proviso: road
commissioners
removable for
cause.
Pay of road
commissioners.
Highway defined.
Proviso: other
townships.
roiids commissiou to serve notice upoii the owner or owners
of said land, notifying the said owner or owners that the high-
ways are to be located upon such land and under the authority of
this act.
Sec. 19. That the passage of this act shall not repeal the road
law in force, applicable to the general working of public roads in
said county: Provided, that persons who are required to work
under the road law now in force shall not l)e required to woi'k
in direct contact with persons who have been convicted of crime
and sentenced to the road.
Sec. 20. That said permanent-roads conmiission shall have the
authority to employ a physician at any time to assist the county
physician in attending the convicts working the public highways,
and shall also have power to provide for the care and kee])ing
of said convicts and to provide all things necessary to carry into
effect the provisions of this act.
Sec. 21. That the Board of Commissioners of Madison County
shall audit the accounts of the sheriff for all taxes levied and
collected under this act, and make settlement of the same. be-
tween said sheriff and said board of county commissioners, and
may institute and prosecute any necessary action for the recovery
of any such road taxes, in case any officer fails to account for
same.
Sec. 22. That any permanent-roads commissioner or superintend-
ent making or causing to be made any fraudulent order whereby
money is to be paid out of said highway fund herein provided
for shall be guilty of a misdemeanor and fined or imprisoned at
the discretion of the court, or both, and shall be removed from
office ; and any permanent-roads commissioner or superintendent
failing or I'efusing to perform the duties imposed by this act shall
be guilty of a misdemeanor and fined not less than twenty nor more
than one hundred dollars : Provided further, that the board of
county commissioners may for good and sufficient cause remove
any one or more of the permanent-roads commissioners, and the
vacancy or A'acancies shall be filled as provided in this act for
filling vacancies from other causes.
Sec. 23. That the permanent-roads commissioners .shall, for the
time they are actually engaged in the performance of their duties
as required by this act, r.eceive two dollars a day for their serv-
ices, to be paid upon the order of the permanent-roads commis-
sion out of the funds provided for in this act.
Sec. 24. The term "highway"" in this act shall be understood to
mean all public roads designated as such under the provisions
of section five of this act. as distinguished from public roads in
the county.
Sec. 25. Provided, that any township in said county of JNIadison
complying with the jirovisions of section one of this act shall be
1909— Chapter 844—845. 1241
allowed to liold an election to issue bonds, not to exceed twenty-
five thousand dollars, for the purpose of repairing, making, im-
proving, grading and macadamizing the public roads of such
township, under the rules, regulations and provisions of this act.
Sec. 20. That if any township in Madison County shall vote in Road machinery
favor of bond isssue for road improvement as provided by this townsliips'^'^^'^
act. and shall dispose of said bonds agreeable to the provisions of
said act, the road commissioners of Madison. County shall there-
upon furnish, by purchase or otherwise, for the use of such town-
ship or townships voting bonds as aforesaid, an outfit for crushing
rock, together with necessary drills and other tools for blasting
rock, and road roller, and furnish a practical expert to operate
the crusher, to be paid for out of the general road fund of the
county.
Sec. 27. That this act shall be in force from and after its ratifi-
cation.
Ratihed this the 8th day of March, A. D. 1909.
CHAPTER 845.
AX ACT TO AMEND CHAPTER 964 OF THE PUBLIC LAWS
OF 1907.
The General Asseinhh/ of XortJi CaroJiiia do enact:
Section 1. That chapter nine hundred and sixty-four of the
Public Laws one thousand nine hundred and seven be and the
same is hereby amended by striking from said chapter section nine
and inserting in lieu thereof the following :
"Sec. 9. The superintendent shall once a year make a detailed Annual reports.
report of the condition and workings of the institution to the
lioard of directors, and it shall be mandatory upon the members of Meeting of
the said board of directors to hold an annual meeting in the month recehe'^report.
of November to receive said rei)ort. A copy of said report, to- copj- of report
gether with the action of the hoard with reference to the same. ^^""^ ^° governor,
shall be sent to the Govciii<ir. The board of directors shall hold other meetings of
such other meetings from time to time, upon the call of the chair- '^"■ector.«.
man or upon a notice signed l)y a majority of the members of the
I)oard. as the board may deem necessary for the proper control
and sui)ervision of the institution."
Sec. 2. This act shall be in force from and after its ratifica-
tion.
P.atified this the 8th day of March, A. D. 1900.
1242
1909— Chapter 840.
CHAPTER 846.
AX ACT TO IMPROVE THE HIGHWAYS IN HALIFAX
COUNTY.
Election on bond
i.s.sue.
Amount.
Notice of election
Proviso: further
election.
Law governing
election.
Proviso: appoint-
ment of registrars
and judges.
Registration and
challenges.
Count and return
of votes.
Tabulation,
declaration and
record of result.
Ballot.'
Highway com-
mission.
The General Asseml}Jy of North Carolina do enact:
Section 1. That the Board of Commissiouers of Halifax County
be and thej- are hereby authorized and empowered to submit to the
vote of the qualified voters of Halifax County, at such time as in
their discretion they may deem best, the question "Shall Halifax
County. North Carolina, issue one hundred thousand dollars of its
bonds, with interest coupons attached, to repair, make and improve
the public roads of said county?" Said board of county commis-
sioners shall, for at least thirty days preceding such election, give
public notice of said election and purpose thereof, by publication
in one or more newspapers published in said county : Provided,
that if a majority of those voting in said election shall not vote
to issue said bonds at the election so held, the said board of county
commissioners may submit the said question to the qualified voters
thereof at any other time or times, under the same rules and regu-
lations as are hereinafter provided.
Sec. 2. That said election shall be held and conducted in the
same manner as is now in force or may hereafter be prescribed by
law for holding elections for members of the General Assembly :
Provided, hoicever, that said board of county commissioners shall
appoint the registrars of election and the judges and inspectors
of election and any other election officers, and registration of and
challenge of voters shall be conducted in the same manner as is
now provided for the election of members of the General Assembly
or may hereafter be provided, and said county commissioners may
or may not order a new registration for said election. The vote
shall be counted at the close of the polls, and returned to the- said
board of county commissioners on the Thursday next following
the election, and said county commissioners shall tabulate and
declare the result of the election, all of which shall be recorded in
the minutes of the board of county commissioners, and no other
recording and declaration of the result of said election 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 issue of said bonds shall vote "For Good
Roads." All qualified electors opposed to the issue of said bonds
shall vote "Against Good Roads."
Sec. 4. In the event that the requisite majority of qualified
electors of said county shall vote "For Good Roads" at said elec-
tion, and the result shall be recorded and declared as aforesaid.
1909— Chapter 846. 1243
the Board of Commissioners of Halifax County shall elect seven
electors, residents of said county, to be known as the Highway
Commission of Halifax County, whose term of office shall be two Term of office.
years : Provided, that said board or county commissioners shall Proviso: vacan-
have power to fill all vacancies, by death, resignation or other- ^^^^'
wise, for an unexpired term. That as soon as practicable after Commission to
the election of said members of the highway commission, they -^1®* ^"^ organ-
shall meet and organize by electing one of their members chair-
man of said commission and another of their members clerk, and Rules and regu-
shall pass such rules and regulations for their government as they ^^*^°'i^-
shall deem best: Provided, that the highway commissioners shall Proviso: commis-
take an oath before some person authorized to administer oaths ^'"'^^^'^ " '^"^ ' ^■
to perform the duties of said office to the best of their skill and
ability.
Sec. 5. In the event that the majority of the votes cast at said Issue of bonds.
election shall be "For Good Roads," and" the result shall be de-
clared and recorded as aforesaid, the Board of County Commis- Denominations,
sioners of Halifax County shall have prepai'ed bonds in denomina-
tions not exceeding one thousand and not less than one hundred
dollars, the total amount to be that provided for in the first sec-
tion of this act; and the said bonds shall bear a rate of interest interest,
not exceeding six per cent per annum, with the interest coupons
attached, payable semiannuallj^ on the first days of .January and
July during the time of their running, and the principal thereof Maturity.
shall be payable or redeemable at such time or times, not exceed-
ing thirty years from the date of their issue, as the said Board
of Commissioners of Halifax County may determine. Said bonds
and coupons shall be payable at the office of the Treasurer of Hali-
fax County. North Carolina. Said bonds and coupons shall be Authentication.
signed by the chairman of the said board of commissioners and
coimtersigned by the clerk of said board, and said bonds shall
have upon them the seal of said county. The said bonds shall be
styled Halifax County highway-improvement bonds.
Sec. 0. Immediately upon preparation and signing of said bonds. Delivery of bonds.
the said board of commissioners shall turn over to the chairman of
the highway commission all of said bonds, without the coimty seal
having been affixed, and said highway commission shall have the sale of bonds,
power to advertise and sell any or all of said bonds, at such time
or times as they shall deem best, for the inirpose of raising a fund
with which to repair, make and improve the public highways of
said county as aforesaid. The expense of said advertising and Expenses.
selling or any other necessary expenses in regard thereto shall be
paid out of the taxes levied for road purposes for the previous
year by the board of county commissioners and collected by the
sheriff of said county: Provided, that before delivering any of Proviso: i;onds to
said bonds sold by the provisions of this section and under this ^^ "
act. the chairman of the highway commission shall apply to the
1244
1909— CiiAPTEE 846.
Bonds not to be
sold below par.
Specific appro-
priation.
Record of bonds.
Proviso: books
open for inspec-
tion.
Proceeds kept
separate.
Bond of treasurer.
Road orders.
Separate tax.
Rate.
Separate fund.
custodian of the seal of Halifax County, whose duty it shall be to
affix the said county .'^eal to the bond or bonds so sold, and no
bond shall be of any value until said seal is so affixed.
Sec. 7. That none of the bonds authorized by this act shall be
disposed of. by sale, exchange or otherwise, for less price than
their face value, nor shall said bonds or other proceeds be used
for any other purpose or purposes than those declared by this act.
When said bonds are issued they shall be numbered consecutively,
and the coupons attached and issued with them shall bear the
number of the bonds to which they are attached. The bonds and
coupons shall state on their face when they are due and where
payable, and said bonds shall show by what authority they are
issued. The said highway commission shall record all their pro-
ceedings in respect to* said bonds in the minutes of their meetings ;
and when any of the same are sold, the number of bonds, their
denomination, to whom sold and the number of coupons attached
must be recorded in said minutes : Provided, that the minute
books and all other books kept by the highway commission shall
at all times be open to the inspection of the commissioners of
Halifax County.
Sec 8. When any of said bonds are sold the proceeds of sale
shall be turned over to the Treasurer of Halifax County, who shall
keep said funds and all other funds provided for in this act which
may come into his hands separate from all other funds, and he
shall keep separate accounts of the same; and said treasurer,
before any fund provided for in this act shall be paid over to
him, shall execute an official bond, payable to the county of Hali-
fax, in the usual manner, in amount to be fixed by said commis-
sion, conditioned for his faithful keeping of the same and rendering
a due account in respect thereto, and in all things holding, dis-
bursing and accounting for the same as is required by law, which
bond shall be passed upon, accepted and received by said highway
commission ; and all orders directed to said treasurer for the pay-
ment of money under this act shall state on their face that they
are highway orders, and to what account they are chargeable, and
shall be signed by the chairman and clerk of said highway com-
mission.
Sec. 9. That in case the said election shall be in favor of issuing
bonds as aforesaid, the said Board of Commissioners of Halifax
County shall levy annually on the first Monday in June a separate
road tax for said county of not exceeding twenty cents on the one
hundred dollars' worth of property and not exceeding sixty cents
on each poll, the subjects of taxation and levying of taxes to be
the same on which the said board of county commissioners now or
hereafter may be authorized to levy taxes upon for general county
purposes. The taxes so levied shall be collected as other taxes.
1909— Cpiaptee 840. 1245
unci the same shall be a separate fiiud, applied tirst to the payment Appliciition.
of interest of said bonds, and next to the creation of a sinking
fund for the redemption of said bonds, said sinking fund to be Sinking-fund
l)laced in the hands of a sinking-fund commissioner elected by the commissioner.
board of county commissioners, and said sinking-fund commis- to give bond,
siouer to be required to execute a bond every tAA'o years, payable to
the county of Halifax, in such sum as the board of county com-
missioners may determine : Provided, that the said bond shall Proviso: bond of
, , ,, ^,.. , .t ii ii 1. ■ ^ ■ commissioner,
never be less than htty per cent greater than the amount in his
hands and supposed to come into his hands during the time cov-
ered by said bond. The term of office of the said sinking-fund Term of office,
commissioner shall be for ten years, and the commission allowed Commission.
for the services of said commissioner shall not exceed one per
cent of the amount which may come into his hands. The duties of Duties of com-
said sinking-fund commissioner shall be to care for and invest the n^'ssioner.
amounts which may come into his hands, so that the same may
increase as fast as possible, and to turn over to his successor the
amount which may come into his hands, either principal or inter-
est, during the term of his office. That said sinking-fund commis- Annual state-
siouer shall make an annual statement (and oftener if deemed '^^"*®-
necessary by the Board of Commissioners of Halifax Cotmty) of
all moneys coming into his hands, the manner of their investment,
and the interest received thereon, to the Board of Commissioners
of Halifax County: Provided further, that in case any of the Proviso: payment
bonds issued under and by authority of this act become due during bonds.
the term of said sinking-fund commissioner, the said board of
county commissioners shall have power to require him (and it
shall be his duty) to turn over to the county treasurer a sum
sufficient to meet the payment of such bonds.
Sec. 10. That the said highway commission shall use the funds Powers and duties
derived from the sale of said bonds for the purpose of constructing ^isskln^'^^ ^°"^'
and improving the public highways in the said county, and for
said purposes they shall have entire charge and control of the
chain gang and of all prisoners convicted of crimes and sentenced
by the court or courts to terms of penal servitude on said public
highways. They may purchase tools, machinery, implements and
stock and all other things whatsoever deemed by them necessary
for the purpose of working the convicts or hired free labor on
public highways in said county. It shall be the duty of the board
of county commissioners, whenever called upon by said highway
commission, to turn over to said highway commission all comMcts,
tools, machinery, appliances and stock which may be in their
hands, with which they have been iiroi>ariiig material for working
the public roads of the county.
Sec. 11. That as soon as the highway commission shall deem Highway super-
necessary, they shall elect by ballot a highway superintendent for "itendent.
said Halifax County and fix his compensation. The result of said
1246 1909— Chapter 846.
election shall be declared and the result shall be recorded in the
Superintendent to proceedings of said highway commission. Said person so elected
bond^^ ^'^^ ^'^^ shall take and subscribe to an oath for the faithful performance
of his duties as highway superintendent, and shall execute an
oflicial bond in the sum of two thousand five hundred dollars for
the faithful execution of his duties and for accounting for all
money and property which may come into his hands as said officer.
Term of office. Said bond shall be approved by said highvi^ay commission. Said
highway superintendent shall hold his office for two years and
Removal for until his successor is elected and qualified, except tliat the said
highway commissioners may for any good cause remove said high-
way superintendent from his office and elect a successor for the
Powers and duties unexpired term. Said highway superintendent shall enter upon
of supermteudent. j-^jg (j^ties and work when and where directed by said highway
commission. Said highway superintendent shall direct the laying
out of the highways, with the aid of an engineer experienced in
such work. Said highway superintendent shall have control over
and direct the working of the convicts in Halifax County, and
shall also have control over and direct all other labor as may be
deemed by the highway commission proper to be employed on said
roads and to be paid for out of funds herein provided. It shall be
his duty to employ the overseers of the chain gangs or the convict
forces and such other forces as it may be deemed by the highway
commission expedient to employ, and the necessary servants and
guards for the working and caring for the convicts worked under
and by authority of law. He shall prescribe the duties of the over-
seers and may discharge them at any time for cause ; all of which
duties of said highway superintendent shall be subject to the
approval of the highway commission.
Entry on land for Sec. 12. That in opening new highways, widening and straight-
building roads. . , , , , ■ • ^.i ^i i • i • •
ennig old roads and repairing tlie same, the highway commission,
through their agents, are hereby authorized to enter upon any
Procedure for land and locate and build such highways ; and if the highway com-
damages. mission and the owner or owners of said laud cannot agree as to
the damages, if any, the highway commission shall, within sixty
days after said highway is comjileted, cause to have summoned
five freeholders, who shall go ujion the land and assess damages
Proviso: notice to and benefits under the general road law as it now exists : Pro-
owners'^ land- i-i(jed further, that before entering upon land as authorized by this
section, it shall be the duty of the highway commission to serve
notice upon the owner or owners of said land, notifying said
owner or owners that the highway would be located upon such
land under the authority of this act.
Further enumera- Sec. 13. That said highway commission shall have entire con-
commission!^'^^ ° trol and supervision of the working and repair of all public roads
in the county, and it shall have power to appoint such officers in
1909— Chapter 846. 1247
the various towusliips and road districts as tliey maj- deem best to
work and keep in repair the roads in each township and district,
to fix their compensation, to direct when and how such roads shall
be worked, to provide for the employment and compensation of the
necessary labor for that purpose, and in all respects to superin-
tend, direct and control such work. All expenses and costs of such
work shall be paid out of the road fund hereinbefore provided for.
Sec. 14. That said highway commission shall be entitled to the Pay of comnli^-
same per diem and mileage as the Board of Commissioners of ^^°'^^^^-
Halifax County.
Sec. 15. That said highway superintendent provided for in this Care of tools and
act shall have the care and charge of all tools and appliances, ^^^ lance^.
shall make an inventory of the same, and furnish said inventory Inventory,
to the highway commission, and shall look after the safety of all
such tools, machinery and appliances, and the said superintendent Responsibility.
shall be responsible for the loss of the same, resulting from care-
lessness or neglect.
Sec. 16. That the Board of Commissioners of Halifax County Audit and settle-
shall audit the accounts of the sheriff for all taxes levied and col- ^counts^'^'^"^^
lected under this act, and make settlement of the same between
said sheriff and county treasurer, and said board of county com-
imissioners may institute and prosecute any necessary action for
the recovery of any such road taxes, in case any officer fail to
account for the same.
Sec. 17. That any highway commissioner or superintendent mak- Fraudulent order
„ , , , , , , . misdemeanor.
lug or causing to be made any fraudulent order whereby money is
to be paid out of said highway fund herein provided for shall be
guilty of a misdemeanor and fined or imprisoned at the discretion Punishment.
of the court, or both, and shall be removed from office ; and any Neglect of duty
... .. . j^ -, ^ I, -,• £.i misdemeanor.
highway commissioner or superintendent failing or refusing to
perform the duties Imposed by this act shall be guilty of a misde-
meanor and fined not less than twenty dollars nor more than one Punishment.
hundred dollars : Provided further, the board of county commis- Proviso: highway
^ - , _, . ^ „ commissioners
siouers may for good and sufficient cause remove any one or more removable for
of the said highway commissioners, and the vacancy or vacancies cause.
shall be filled as provided in this act for filling vacancies from
other causes.
Sec. 18. That all expenses incurred by the highway commission Payment of
on account of meetings held by reason of duties imposed by this ^^P*^"*^^-
act shall be paid, ui)on their order, out of the funds provided for
by this act.
Sec 10. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of .March. A. D. 11MJ9.
1248
1909— CHArxER 847—848.
CHAPTER 847.
AN ACT TO PREVENT THE DEPREDATION OF DOMESTIC
FOWLS.
The General AssemhJy of North Carolina do enact :
Section 1. That it sliall be unlawful for any person in the
founty of Rowan to permit any turkeys, geese, chickens, ducks or
other domestic fowls to run at large, after being notified as in
section two of this act, on any lands that may be cultivated in
any kind of grain or feed stuff or used for gardens or for orna-
mental purposes.
Sec. 2. That any person so permitting his fowls to run at large,
after being notified to keep them up, shall be guilty of a mis-
demeanor, and upon conviction shall be fined not exceeding five
Justice may order dollars ; or if it shall appear to any justice of the peace that,
killing of owls. jiftg^. t^yQ (lays' notice, any person persists in allowing his fowls
to run at large and fails or refuses to keep them up, then said
justice of the peace may order any sheriff, constable or other
oflicer to kill said fowls, or said justice of the peace may in his
discretion deputize the complaining party to kill fowls when so
depredating.
When act Sec. 3. That this act shall be in full force and effect from and
^ ^^ '^ ^' after April first, one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. 1900.
Fowls not to run
at large.
Misdemeanor.
Punishment.
CHAPTER 848.
AN ACT TO AMEND CHAPTER 213 OF TFIE PUBLIC LAWS
OF 1905, TO COMPEL ATTENDANCE OF INDIANS AT
SCHOOL.
The General Assembly of North Carolina do enact:
School age. Section 1. That in line three of section two of chapter two
hundred and thirteen, Public Laws of one thousand nine hundred
and five, the word "seventeen" be stricken out and the word "nine-
teen" be inserted in lieu thereof.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 849. 1249
CHAPTER 849.
AX ACT TO REGULATE THE COMPENSATION OF THE
COUNTY OFFICERS OF CLEVELAND COUNTY.
The General Assembly of Xorth Carolina do enact:
Section 1. That the Sheriff of Cleveland County shall receive in Commissions as
full compensation for his services in collecting the taxes from the ^^ collector,
taxpayers of said county and paying same over to the proper cus-
todians of the fund the sum of three per cent commission on the
amount collected, and "this shall be in lieu of the commission now
allowed by law for the collection of said taxes. The sheriff of said other fees and
county shall receive the same fees and commissions as now <^o™ni's^ions.
allowed by law for the performance of his official duties as sheriff,
including his fees as jailer, other than the collection of taxes as
herein provided; that all the taxes of Cleveland County required Time for collection
to be placed in the hands of the sheriff of said county on the first ° ^^^^'
Monday in September of each year shall be collected by him and
turned over to the proper custodians of the fund on or before
January first following : Provided, that the sheriff shall receive no Proviso: com-
commission where any bill providing for the levy of any tax now ™y%°eciau'aw^'^^"
or hereafter adopted for said county prohibits the sheriff" receiving
any commissions on the taxes collected under it by him.
Sec. 2. That the Treasurer of Cleveland County shall receive his Commissions of
commissions, as now allowed by law, on the receipts and disburse- treasurer.
ments of the funds coming into his hands : Provided, that he shall Proviso: commis-
. . , , „ 1 T 1 11 , ■ • ii sions on bond
receive no commissions on the funds disbursed by him m the pay- funds.
ment of or redemption of any bonds now outstanding against said
county, nor on the receipts or disbursements of any funds which
may come into his hands by reason of any bonds which may here-
after be issued by said county or for any portion of said county.
Sec. 3. That the Register of Deeds of Cleveland County shall Salary of register
of dfiGcis
receive a salary of eighteen hundred dollars (.$1,800) per annum
in lieu of all other compensation whatever. The register of deeds Deputy.
may appoint and employ a competent deputy to assist him in the
discharge of his duties, and he shall pay said deputy out of the
salary herein provided, and shall receive no further compensation
on account of said deputy. Said register of deeds shall be liable
on his official bond for the official acts of said deputy. That the
salary herein provided shall be paid to the said register of deeds
monthly by the Treasurer of Cleveland County, out of the general
county funds, upon proper warrant drawn for same. The board of stamps and
commissioners of said county may allow claims for the necessary ^^^^'o^^ry.
stamps and stationery for said register of deeds for his official cor-
respondence, when said claims are properly verified.
Sec. 4. That the register of deeds of said county shall collect. Register of deeds
faithfully account for and, on the first Monday in each month, oveTK ^"'^ ^^^
Pub.— 79
1250
1909— Chapter 849.
Verified state-
ments.
Bond of register
liable.
Fees paid in
advance.
Allowance to
officers capturing
distillers or
destroying stills.
Officers to per-
form duties.
Pains and penal-
ties.
Wlien act
effective.
Proviso: tax lists
of 1909 and 1910.
turn over to the Treasurer of Cleveland County, accompanied by
verified statement that same is correct, all fees, commissions,
profits and emoluments of every kind now or hereafter by any law
accruing, belonging or appertaining to him by. virtue of his office.
Said statement shall be recorded by said treasurer in a book to be
kept by him for that purpose, and said book shall be open at all
times for the inspection of any taxpayer of said county, and the
county commissioners may at any time have the books of said
register of deeds properly audited. The treasurer shall place the
funds so tui'ned over to him by said register of deeds in the general
county fund. Said register of deeds shall be responsible on his
official bond for all feeg for marriage license, recording all kinds
of papers and the other fees of his office, and he shall collect all of
said fees in advance, and he shall not mark said papers "File" nor
record same until said fees are paid.
Sec. 5. That the Board of Commissioners of Cleveland County be
and they are hereby authorized and empowered to pay the neces-
sary and reasonable expenses and allow reasonable charges to any
officer of said county or any police ofiicer of any incorporated town
in said county who shall arrest any illicit distillers or blockaders
or who shall cut up and destroy any blockade or illicit stills, and
this compensation shall be sufficient to enable the officer to pay
such deputies or assistants as may be required to assist him in
making the arrests or cutting up or destroying said stills.
Sec. 6. That the officers hereinbefore mentioned shall faithfully
perform all the duties of their several offices imposed upon them
by law, and shall receive no other compensation or allowances
whatsoever for any extra or additional service rendered to the
county or State or other governmental agencies, and they shall be
liable to all the pains and penalties now or hereafter provided for
failure to perform the duties of their several offices.
Sec. 7. That section five of this act shall be in force from and
after its ratification, and that all other sections of this act shall be
in force and effect after the first Monday in December, one thou-
sand nine hundred and nine: Provided, that the sheriff's commis-
sions, as specified in section one of this act, shall not apply to the
tax list for the years one thousand nine hundred and nine and one
thousand nine hundred and ten.
Sec. S. That all laws and clauses of laws in conflict with this act
are hereby repealed, in so far as they relate to Cleveland County.
Sec. 9. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March. A. D. 1909.
1909 — Chapter 850. l:^")!
CHAPTER 850.
AN ACT TO REGULATE THE HOLDING OF PRLAL\RTES AND
PRIMARY ELECTIONS IN UNION COUNTY.
»
The General AssemNij of Xorth Carolinu do enact:
Sfxtion 1. That every political primary election held by any Conduct and
. . „ ., +• management of
political party, organization or association for the purpose ot primary elections.
choosing candidates for State, congressional, district, county, city
and township officers shall be presided over and conducted in the
manner prescribed by the rules? of the political party, organization
or association holding such primary election, not inconsistent with
the provisions of this act, by three managers, selected in the man-
ner prescribed by the rules of the party holding such primary elec-
tion. Such managers shall, before entering upon the discharge of Managers to
j_i • IT ui '4-1 QU^liiy .
their duties, each take and subscribe an oath that he will faith-
fully, impartially and honestly conduct the same according to the
rules of such party and the provisions of this act. Should one or vacancies,
more of the managers appointed to hold such election fail to appear
on the day of the election, the remaining manager or managers
shall appoint others in their stead and administer to them the oath
herein prescribed. The manager shall take the oath herein pre-
scribed before a notary public or justice of the iieace or other
officer authorized to administer oaths, but if no such officer can be
conveniently found the managers may administer the oath to each
other.
Sec 2 Before anv ballots are received at such election, and Ballot boxes to be
„ , 11, opened and
immediately before opening the polls, such manager shall open exhibited.
each ballot box to be used in such election and exhibit the same
publicly to show that there are no ballots in such box. They shall
then close, lock or seal the box, except the opening to receive the
ballots, and shall not again open same until the close of the elec-
tion. They shall keep a poll list, with the name of each votei- poii lists.
voting in said election, and shall, if a voter is challenged for any
cause by any elector, before receiving his ballot, administer to the Oatii of voters.
voter an oath that he is duly qualified to vote and that he has
not voted before in such election and will abide by the result of
the primary; and at the close of the election they shall proceed
publicly to count the votes and declare the result. They shall Returns.
certify the result of such election and transmit such certificate,
with the poll lists, tally sheets and all other papers relating to
such ^election within the time prescribed, to the person or persons
desigiiated by the rules of the party, organization or association
holding such election.
Sfc .S Everv such nriniarv election shall be licld at tlie time and Regulations pre-
~ ' ■ ■ J I • .,,.,, , .. i.1 scribed by party,
place and under the regulations prescribed by the rules ot the
party holding the same, and the returns shall be made and the j^gj^jj.^^. ^nd other
result declared as prescribed by such rules ; but the returns of the papers to be filed.
1252
1909— Chapter 850.
Violation of duty
misdemeanor.
Punishment.
Fraud or corrup-
tion misdemeanor,
Punishment.
False swearing or
personation per-
jury.
Qualifications for
voters.
Proviso: right of
unregistered
voters.
Duties of officers
and delegates.
Failure a misde-
meanor.
Proviso: release
from instructions.
luunager or mauagers, with the poll lists, tally sheet and other
papers hereby required to be returned, shall be filed in the office of
the Clerk of the Superior Court of Union County, except when the
election is a city election, in which case they shall be filed in the
office of the city clerk within twenty-four hours after the final
declaration of the results thereof, and shall remain there for public
inspection.
Sec. 4. Any manager who shall be guilty of unlawfully violating
any of the duties devolving upon such position herein shall be
guilty of a misdemeanor, and upon conviction thereof shall be pun-
ished by a fine not to exceed one hundred dollars or imprisonment
not to exceed six montlis ; and any manager who shall be guilty of
fratid or corruption in the management of such election shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined
or imprisoned in the discretion of the court.
Sec. 5. Any voter who shall swear falsely in taking the pre-
scribed oath, or shall personate another person and take the oath
in his name, in order to vote, shall be guilty of perjurs^
Sec. 6. That in such primary election only those shall be allowed
to vote who are qualified under the rules as prescribed by the
party, organization or association holding the election, and who
are also qualified voters in the election for which candidates ai-e
then being nominated, and whose names appear on the registration
books of that precinct or city in which they are attempting to vote :
Provided, that anyone claiming 'to have a right to vote at the pri-
mary election in any precinct or city, and whose name does not
appear upon the registration books, shall have the right to vote in
such precinct or city primary only after taking and subscribing an
oath that he is duly qualified to vote in such precinct or city pri-
mary according to the rules of the party and the laws of the State,
or otherwise satisfying the managers of his right to vote, and such
managers may allow anyone to vote who may become qualified to
vote in the general election for which said primary is held, and
who is not qualified by reason of age or residence to vote in said
primary.
Sec. 7. It shall be the duty of any person who may be appointed
by his party, in any capacity, to perform faithfully the duties of
such appointment, and it shall be the duty of any delegate in any
convention assembled for the purpose of naming candidates who
are to be voted for by the people to faithfully carry out his instruc-
tion, when ascertained and declared, as provided for by this act ;
and any such person or delegate who shall willfully fail or refuse
to perform such duty shall be guilty of a misdemeanor : Provided,
that when delegates are elected to State, congressional, senatorial
or district conventions they shall be bound by their instructions
until a majority of delegates present do vote that there is no fur-
ther use in abiding by said instructions, after which each delegate
may vote as he may see proper.
1909— Chapter 850. 1253
Sec. S. If any voter, having participated in oue party primary Voting at different
election, shall vote or attempt to vote in a different party primary uflStf"^^ fraud-
election held for a similar purpose during the same political cam-
paign, he shall be guilty of fraudulent voting, and upon conviction
shall be punished in the same manner and to the same extent as if
he had voted illegally in a general election ; and if any voter. Repeating a
having voted once in said primary election, shall vote or attempt
to vote a second time in the said election, at the same or different Punishment.
polls, he shall be guilty of a misdemeanor and shall be fined or
imprisoned in the discretion of the court.
Sec. 9. If any person shall attempt to influence the vote of an- use of liquor,
other by the use of any intoxicating liquors, or if bribe be offered accerftlng"bribes
to bribe any voter by the promise of anything as a reward to be misdemeanor.
delivered or as a service to be performed prior to, at the time of,
or subsetiuent to such primary election, and any person who shall
accept any bribe or other thing of value for his vote or influence
in such primary election shall be guilty of a misdemeanor, and Punishment,
upon conviction shall be fined or imprisoned in the discretion of
the court.
Sec. 10. It shall be unlawful for any person, firm or corporation Sale or gift of
to sell or give away any spirituous, vinous or malt liquors, beer or liquors forbidden,
cider within such county or city during the time of holding a pri-
mary election under the provisions of this act : Provided, this act Proviso: medical
shall not apply to the keeper of the medical depository of Union depository.
County.
Sec. 11. That the custodian of any registration book in the Copies of regis-
county of Union shall, on demand, allow any person to make a copy ^'''^'^'°'^ ^'^ '"•
of such registration books ; and such custodian shall, upon demand
and upon the payment of fifteen cents for each one hundred names,
furnish to any chairman or manager of any political party a certi-
fied copy of the registration book of any precinct or of the registra-
tion book of any city or town in said county.
Sec. 12. The polls shall be open on the day of the primary elec- Hours of election,
tion for such length of time and at such places as the executive
committee of the party holding such priAary election may name,
and no longer; and each elector whose name shall appear upon the Persons entitled
registration book or on the certified copy of the registration book. ^° ^°^^'
and who shall not be challenged and rejected, and such others as
may be qualified as hereinbefore set out, shall be entitled to vote.
A space of not more than fifty feet in every direction from the Space for voters,
polls or room in which such primary election is hold shall be kept
clear of all persons except the election officers herein provided for,
which space may, if the executive committee of the party holding
the said primary election so direct in any precinct or city i)olling
place, be railed or roped off, with a narrow passage leading to and Passage to polls,
from the polls ; and each elector may be required to approach the
polls from one direction through the said passage, and, after his
1254:
1909— Chapter 850.
Communication
witli voter for-
bidden.
Space to be kept
open and clear. ,
Challengers.
Witnesses allowed
within enclosure.
Preservation of
ballots.
Notice of can-
didacy.
Preparation of
ballots.
Specifications for
ballots.
Printing and
distribution of
ballots.
Assessment of
candidates.
ballot is deposited in the box, with as little delay as possible,' to
depart by the passage leading from the polls. Only one elector
shall enter said passage leading to the polls at one time. After the
elector has entered the passage, no one except the election officers
or the challengers herein provided for shall be permitted to speak
to him or make any signs to him, nor shall he be permitted to
speak or make signs to anyone except the election officers or chal-
lengers until his ballot has been deposited in the box and he has
passed out of the enclosure. The said railed or roped space shall
at all times during the hours for balloting be kept open and cleared
of all persons except the officers aforesaid, and it shall be the duty
of said election officers or managers of election to keep such space
clear and open. The executive committee of the county 'or city, as
the case may be, may appoint for each polling place one or more
discreet persons as challengers ; and in the event of the said execu-
tive committee failing to appoint such challengers the managers of
the primary election, or either of them, shall act as such chal-
lenger ; and if the vote of any elector shall be challenged; then the
election officers or managers may permit within the enclosure such
witness as either challenger or elector may desire.
Sec. 13. After the ballots are counted they shall be carefully
preserved and kept by the managers until after the election for
which the nomination was made.
Sec. 14. That the several candidates for office shall, at least ten
days prior to any primary election, file with the Clerk of the Supe-
rior Court of Union County or, in the event a city primary is held,
with the city clerk a notice, in writing, that he will be a candidate
in such primary election and the office for which he will be a candi-
date, which notice shall be signed by him, and the said clerk shall
endorse on the back of each said notice the date filed in his office^
and shall preserve the same, subject to the inspection of any
elector. That the chairman of the executive committee of any
political party holding such primary election shall have ballots
prepared containing the names of the candidates and the offices for
which they are candidatis. Each ballot shall be on plain white
paper and without device. The name of each candidate coming^
before any primary shall be on the same ballot, and opposite each,
name shall be a square, and the elector shall make a cross (X)
mark in the square opposite the name of the candidate for whom
he desires to vote. The name of no candidate shall be placed on a
ticket unless notice has been given as herein provided, and no
ballot as herein provided shall be printed or distributed by any
candidate or other person prior to or at the time of such primary,
and no other ballot shall be voted except such as is furnished to
the voter at the time he applies to vote.
Sec 1.5. To provide funds for holding such primary elections and
paying the expenses thereof, each candidate for State, congres-
sional, district, county or other offices, except township and citj^
1909— Chapter 850. 1255
offices, shall, twenty days before such primary election, pay to the
chairman of the executive committee of the party holding such
primary election the sum of five dollars, and unless that sum is
paid the said chaii'man shall not place or allow to be placed the
name of such candidate on the ticket, and only the name of those
candidates complying with the provisions of this act shall be
placed upon the ticket: Provided, that if there is any surplus after Proviso: division
paying all the expenses of said primary election, said surplus shall ^^ surplus.
be prorated among the candidates. That the said chairman of the Ballots delivered
said executive committee shall, not later than sunset of the day ''° "i^'fiagers.
preceding such primary election, deliver to the manager or mana-
gers of each precinct or polling place three times as many of the
said printed ballots as the registration books or certified copy of
the registration books shall show that there are electors in said
precinct or ward, and it shall be the duty of said manager or man- Ballots to be kept
agers to have said ballots or tickets at the polling place at the time ^^ PoU^n^ place,
designated for opening said primary election, and shall cause the
same to be placed and kept at said polling place, and shall not
allow any of anid tickets to be taken away, marked or handled by
anyone except the electors as they may present themselves for the
purpose of voting, and such ticket shall be marked as herein i)ro- Marking tickets.
vided by the elector himself or by one or more of the said managers
at the request of the elector. And such manager or managers shall Ticket furnished
give to each elector presenting himself to vote a ticket, which the M^arking ticket.
said elector shall mark so as to vote for the candidates of his
choice, or cause the same to be so marked by one or more of said
managers, and said ticket, when so marked so as to express the Deposit of ticket.
choice of the elector, shall be deposited by the elector, and no
other, except that either one of the managers may deposit said
ticket when requested to do so by the elector. Each elector shall Metliod of mark-
make a cross (X) mark with ink or pencil in the squai-e opposite"'^ ticket.
the name of the candidate or candidates for whom he proposes to
vote in said primary election: Provided, that if any elector by his Proviso: ballots
ballot votes for more candidates than he is entitled to vote for in '^"* counted.
said primary election, such ballot shall not be counted, except for
those candidates for whom he votes properly : Provided further. Proviso: manager
that any manager assisting any elector to prepare his ballot who ^u^^of'frai!d'."°^
shall willfully fail to prepare said ballot as directed by said elector
shall be guilty of fraud, and upon conviction shall be fined not Puni.shment.
more than five hundred dollars or imprisoned not more than six
months, in the discretion of the court.
Sec. 10. It shall be the duty of the chairman of the executive Duty of chairman
committee of the party holding such primary election to cause to committee'^
be printed the tickets as herein provided, and distributed in the
manner herein mentioned, and to assist the manager or managers
in securing a certified copy of the qnalifie<l electors of any precinct.
when requested to do so.
1256
1909— Chapter 850—851.
Place of holding
primary.
Itemized and
verified state-
ments of expense.
Statements filed
by campaign
managers and
workers.
Failure a misde-
meanor.
Sec. 17. For the purposes of this act it shall be deemed suflficient
compliance with this act to hold such primary in a building or
room, in which are admitted only the said managers and the
elector, who shall be admitted singly and shall leave said room or
A'oting place before another is admitted.
Sec. 18. It shall be the duty of each candidate when called upon
to do so by any other candidate for such othce, to file an itemized
and verified statement of all moneys expended by him during the
campaign iu which he was a candidate, and all moneys or other
thing of value expended by himself or anyone for him, to his
knowledge. This statement shall be filed with the clerk of the
court or clerk of the city, as the case may be, at such time as the
executive committee of the party holding such primary may desig-
nate ; and it shall be the duty of any manager of another campaign
or person taking an active interest in behalf of any candidate or
against the interest of any candidate, upon request of -the chair-
man, for any member of the executive committee of the party hold-
ing such election, to file a like statement in like manner, and any
candidate or manager or other person as herein iM-'ovided failing
to comply with the provisions of this act shall be guilty of a misde-
meanor, and upon conviction shall be fined or imprisoned in the
discretion of the court.
Sec. 19. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Stb day of March, A. D. 1909.
CHAPTER 851.
AN ACT TO AMEND CHAPTER 850 OF THE PUBLIC LAWS
OF 1907, IN REFERENCE TO THE SEPARATION OF RACES
IN STREET CARS.
Nurses.
The General Asseinhlji of Xorth Carolina do enact:
Section 1. That chapter eight hundred and fifty (850) of the
Public Laws of one thousand nine hundred and seven be amended
by striking out all of section seven thereof after the word "to,"
in line one thereof, and adding the words "nurses or attendants
of children or of the sick or of the infirm of a different race, while
in attendance upon such children, sick or infirm persons."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909. "
1909— Chapter 852—853—854. 1257
CHAPTER 852.
AN ACT TO REPEAL CHAPTER 924 OF THE PUBLIC LAWS
OF 1907, RELATIVE TO THE ENCOURAGEMENT OF IMMI-
GRATION.
The General Assemhly of Xorth Carolina do enact:
Section 1. That chapter nine hundred and twenty-four of the Law repealed.
Public Laws of the session of one thousand nine hundred and
seven be and the same is hereby repealed.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 853.
AN ACT TO AMEND SECTION 1GS9 OF THE REVISAL OF
1905, RELATIVE TO CONTRACTS KNOWN AS "FUTURES."
The General Assembly of Xorth Carolina do enact:
Section 1. That section one thousand six hundred and eighty- Jurisdiction
divested
nine of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by inserting between the word
"agency" and the word "this," in line forty, the following: "nor
shall the courts of this State have any jurisdiction to entertain
any suit or action brought upon a judgment based upon any such
contract."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 8th day of March, A. D. 1909.
CHAPTER 854.
AN ACT TO PREVENT THE BURNING OF BOATS.
The General Assembly of North Carolina do enact:
Section 1. If any person, with the intent to destroy same, shall Felony,
willfully and maliciously or for a fraudulent purpose set fii'e to
and burn any boat, barge or float, whether he be the owner thereof
or not, he shall be guilty of a felony and i)unished by imprisonment Punishment.
in the State's Prison for not less than four months nor more than
ten years, or fined in the discretion of the court.
Sec. 2. That all laws and clauses of laws in fonfiict with this act
are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 8th day of March, A. D. 1909.
1258
1909 — Chapter 855 — 856 — 857.
CHAPTER 855.
AN ACT TO AMEND CHAPTER 464 OF THE PUBLIC LAWS
OF 1907.
The General Assemhlij of North Carolina do enact:
Law extended. SECTION 1. That sectiou one of chapter four huudrecl and sixty-
four of the Public Laws of one thousand nine hundred and seven
be and the same is hereby amended by inserting after the word
"trains" and before the word "shall," in line three thereof, the fol-
lowing : "or brasses, composition, metal or copper of the kind or
quality used by manufacturing or power plants."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March. A. D. 1909.
Territory
required.
Natural barriers.
CHAPTER 856.
AN ACT TO AMEND SECTION 4129 OF THE RE VI SAL OF 1905
OF NORTH CAROLINA, RELATING TO THE FORMATION
OF SCHOOL DISTRICTS.
TJie General Assembly of North Carolina do enact:
Section 1. That sectiou four thousand one hundred and twenty-
nine of the Revisal of one thousand nine hundred and five of North
Carolina be and the same is hereby amended by inserting in line
nine thereof, after the word "age" and before the word "nothing,"
the following words: "unless such district shall contain at least
twelve square miles or shall be separated by dangerous natural
barriers from a schoolhouse in the district of which the proposed
new district is a part."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
Seats to be pro-
cured and pro-
vided.
CHAPTER 857.
AN ACT TO REQUIRE EMPLOYERS OF FEMALE EM-
PLOYEES TO PROVIDE SEATS THEREFOR.
The General Assembly of North Carolina do enact:
Section 1. That all persons, firms or corporations who employ
females in a store, shop, ofiice or manufacturing establishment, as
clerks, operatives or helpers in any business, trade or occupation
carried on or operated in the State of North Carolina, shall be
1909— Chapter 857—858. 1259
required to procure and provide proper and suitable seats for all U^e^of ^seats to be
such females, and shall permit the use of such seats, rests or
stools as may be necessary, and shall not make any rules, regula-
tions or orders preventing the use of such seats, stools or rests
when any such female employee or employees are not actively
employed or engaged in their work in such business or employment.
Sec. 2. If any emplo^^er of female help in the State of North Misdemeanor.
Carolina shall fail, neglect or refuse to provide seats, as provided
in this act, on or before the first day of June, one thousand nine
hundred and nine, or shall make any rules, orders or regulations
in his or its shop, store or other place of business requiring females
to remain standing when not necessarily employed or engaged in
service or labor therein, he shall be guilty of a misdemeanor, and Punishment.
upon conviction thereof shall be fined not less than twenty-five
dollars nor more than one hundred dollars, in the discretion of the
court.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 858.
AN ACT TO PREVENT BLACKLISTING OF EMPLOYEES.
The General AssemUy of North Carolina do enact:
Section 1. If any person, agent, company or corporation, after Preventing or
,.,.,,, attemptnig to
having discharged any employee from his or its service, shall pre- prevent employ-
vent or attempt to prevent, by word or writing of any kind, such ^|^,\o^;^'^''-
discharged employee from obtaining employment with any other
person, company or corporation, such person, agent or corporation
shall be guilty of a misdemeanor and shall be punished by a fine Punishment,
not exceeding five hundred dollars, and such person, agent, com- Penal damages,
pany or corporation shall be liable in penal damages to such
discharged person, to be recovered by civil action ; but this section Truthful state-
shall not be construed as prohibiting any per.son or agent of any j^r'dis(;harge may
company or corporation from informing, in writing, upon request. I'e given.
any other person, company or corporation to whom such discharged
person or employee has applied for employment a truthful state-
ment of the reason for such discharge.
Sec. 2. That it shall be unlawful for two or more persons to ^ l^eement^ t^o^^_
agree together to blacklist any discharged employee or to attempt, vent employment
by words or writing or any other means whatever, to prevent such misdemeanor,
discharged employee or any (employee who may have voluntarily
left the service of his employer from obtaining employment with
1260
1909— Chapter 858—859—860.
any other person or company. Such persons violating the pro-
visions of this section shall be guilty of a misdemeanor and shall
Punishment. be fined or imprisoned, or both, at the discretion of the court.
Sec. 3. That this act shall be in force from and after its ratifica-
tion. •
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 859.
AN ACT TO VALIDATE CERTAIN DEEDS AND CONVEY-
ANCES OF CORPORATIONS PRIOR TO JANUARY 1, 1900.
Deeds signed by
president and
attested by wit-
ness declared
valid.
Proviso: pending
suits.
The General Assembly o/ North Carolina do enact:
Section 1. All deeds and conveyances for land in this State,
made prior to January first, one thousand nine hundred, by the
president of any corporation duly chartered under the laws of this
State, and attested by a witness, is hereby declared to be a good
and valid deed by such corporation for all purposes, and shall be
admitted to probate and registration and shall pass title to the
property therein conveyed to the grantee as fully as if said deed
were executed according to provisions and forms of law in force in
this State at the date of the execution of said deed: Provided, this
act shall not apply to suits now pending.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the Sth day of March, A. D. 1009.
CHAPTER 860.
AN ACT TO AMEND SECTION 5006 OF THE REVISAL OF 1905,
SO AS TO PROVIDE THAT THE KEEPER OF THE CAPI-
TOL SHALL EMPLOY SERVANTS FOR THE EXECUTIVE
MANSION.
Domestic serv-
ants.
Proviso: limit of
compensation.
The Goieral Assembly of North Carolina do enact :
Section 1. That section five thousand and six of the Revisal of
one thousand nine hundred and five he amended by adding after
the word "grounds," in line twelve, the following words : "and
domestic servants for the Executive Mansion" ; and that said sec-
tion be further amended by adding at the end thereof the follow-
ing : ''Provided, that the compensation of said domestic servants
shall not exceed seven hundred and fifty dollars per annum."
Sec. 2. Tliat this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
1909— Chapter 861. 12G1
CHAPTER 861.
AN ACT TO AMEND CHAPTER 792, PUBLIC LAWS OF 1907,
RELATING TO THE DUNN ROAD DISTRICT.
The General. Assembly of North CaroUna do enact:
Section 1. That chapter seven hundred and ninety-two (792).
Public Laws of one thousand nine hundred and seven, be and the
same is hereby amended as follows : In section two, line twenty- Pay of road com-
one, strike out the word "three" and insert in lieu thereof the word ^'^^lo'i^rs.
"two." and in section three of said chapter and in line one thereof
strike out the words "resident in said district" and insert at the Convicts,
end of the second line of said section the words "on account of any
crime committed within said district."
Sec. 2. That section eleven of said chapter be amended by adding Road duty.
at the end of said section the following words : "and if the said
Board of Commissioners of Dunn Road District shall by resolution
determine to require male persons liable to road duty to work on
the roads of said district, as is provided by the general road law
of the State, then it shall be the duty of all able-bodied persons
residing in said district and subject to road duty under the general
road law to work the public roads of said district under the super-
vision and direction of the superintendent of said district or an
overseer thereof appointed by the commissioners of said district,
upon being notified by said superintendent or overseer or by his
deputy, for six days in each year, under the pains and penalties
prescribed by the general road law for failure to work the public
roads, or in lieu thereof any such person may pay to the treasurer Commutation.
of said Dunn Road District an annual tax of not exceeding three
dollars (.$3). to be fixed by said board of commissioners, and upon
payment of said tax any person so paying the same shall be exempt
from road duty for the year said tax is paid, said tax to be duo and Commutation
payable for the year one thousand nine hundred and nine, upon the P^^''^^ '■
ratification of this act, and for each year thereafter, on the first
day of January: Provided, that any person becoming liable to work Provi.so: relief for
the roads of said district after the first day of January may be lilMe'durfng year.
relieved from the payment of a just proportion of said annual tax.
under rules and regulations to be fixed by said board of commis-
sioners.
Sec. 3. That said chapter seven hundred and ninety-two, section Proce.ss for assess-
thirteen, be amended by inserting after tlie words "Dunn. North ™*''" " ' 'i'"^^*^^-
Carolina," in line thirteen, the words "or any constable residing in
said district or other lawful officer autlinri/.cd to serve process in
said district."
Sec. 4. That the provisions of the general road law, except as General road law
modified by said chapter seven hundred and ninety-two. Public applicable. .
Laws of one thousand nine hundred and seven, or as modified by
1262
1909— Chapter 861—862—863.
Proviso: ofBcers
charged with
duties.
this act, shall be applicable in all respects in working the public
roads of Dunn Road District : Provided, that the duties therein
prescribed to be performed by the township road supervisors shall
be performed by the commissioners of said district, and the duties
therein directed to be performed by any overseer shall be per-
formed by the superintendent of said district, an overseer or agent
appointed by the commissioners of said district.
Sec. 5. That all laws and clauses of laws in conflict with this act
be and the same are hereby repealed.
Sec. 6. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 862.
AN ACT TO AMEND SECTION 3340 OF THE REVISAL OF 1905,
RELATIVE TO THE BURNING OF HOUSES.
House to be
occupied.
Tlte General Assembly of North Carolina do enact:
Section 1. That section three thousand three hundred and forty,
chapter eighty-one of the Revisal of one thousand nine hundred
and five, be and the same is hereby amended by striking out the
word "unoccupied," in line four of said section.
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 863.
AN ACT TO CHANGE THE LINE BETWEEN COLLEGE HILL
AND MOUNT PROSPECT GRADED-SCHOOL DISTRICTS, IN
UNION COUNTY.
The General Assembly of North Carolina do enact :
Changes in lines. SECTION 1. That section one of chapter seven hundred and forty-
six. Public Laws Of one thousand nine hundred and three, be and
the same is hereby amended by striking out, between the words
"Steve Hinson's," in line seven, and the word "thejice," in line nine
of said section, the words "thence to and including R. C. Nesbit's ;
thence to and including A. M. Nesbit's; thence to and including
.J. G. Starnes'," so as to make the line between said school dis-
1909— Chaptek 863—864. 1263
tricts run as follows : Beginning at the corner of College Hill Dis-
trict, in the Mount Prospect line at Caine Creek Baptist Church ;
thence to the bridge on Caine Creek, above R. C. Nesbit's, connect-
ing with the line between said districts ; from thence to the Flag
Pond on the Monroe and Lancaster Road, this making the entire
line between said districts straight.
Sec. 2. That this act shall not be in force or effect until ratified Act to be
. -rr • •^, ,L_ approved by
and approved by the Board of Education of Union County. county board of
Ratified this the Sth day of March, A. D. 1909. education.
CHAPTER 864.
AN ACT TO PROVIDE FOR THE HOLDING OF SUPERIOR
COURTS IN THE EIGHTH JUDICIAL DISTRICT.
The General Assembly of North Carolina do enact:
Section 1. That section one thousand five hundred and six of the
Revisal of one thousand nine hundred and five be amended by
striking out all after the words "Eighth District," on page four
hundred and fifty, down to the words "Ninth District," on page
four hundred and fifty-one, and inserting in lieu thereof the fol-
lowing :
"The Eighth District shall be composed of the following coun-
ties, and the Superior Courts thereof shall be held at the following
times, to-wit :
"Anson County — Seventh Monday before the first Monday in Anson county.
March, for the trial of criminal eases exclusively ; first Monday
in March for the trial of civil cases exclusively ; sixth Monday
after tha first Monday in March, to continue two weeks, the sec-
ond week for the trial of civil cases exclusively ; fourteenth Mon-
day after the first Monday in March, for the trial of civil cases
exclusively ; first Monday after the first Monday in September, for
the trial of criminal cases exclusively ; the fourth Monday after
the first Monday in September, to continue two weeks, for the trial
of civil cases exclusively.
"Chatham County — Fourth Monday before the first Monday in Cliatham county.
March ; ninth Monday after the first Monday in March ; fourth
Monday before the first Monday in September ; tenth Monday after
the first Monday in September.
"•Lee County — Fourth Monday after the first Monday in March ; Lee county.
seventh Monday before first IMonday in September, to continue
two weeks ; eleventh Monday after the first Monday in September.
"Moore County — Sixth Monday before the first Monday in Moore county.
March, for the trial of civil cases exclusively ; third Monday before
the first Monday in March, for the trial of criminal cases exclu-
sively ; eleventh Monday after the first Monday in March, for the
1264
1909— Chapter 864—865.
Scotland county.
trial of civil cases exclusively ; third Monday before the first Mon-
day in September, for the trial of criminal cases exclusively ; sec-
ond Monday after the first Monday in September, for the trial of
civil cases exclusivelj^; fourteenth Monday after the first Monday
in September.
Richmond county. "Richmond County — Eighth Monday before the first Monday in
March, for the trial of criminal cases exclusively ; fifth Monday
after the first Monday in March, for the trial of civil cases ex-
clusively ; twelfth Monday after the first Monday in March ; first
Monday in September, for the trial of criminal cases exclusively ;
third Monday after the first Monday in September, for the trial
of civil cases exclusively ; thirteenth Monday after the first Mon-
day in September, for the trial of civil cases exclusively.
"Scotland County — First Monday after the first Monday in
March, for the trial of civil cases exclusively ; eighth Monday after
the first Monday in March, for the trial of criminal cases exclu-
sively ; thirteenth Monday after the first Monday in March ; sev-
enth Monday after the fii'st Monday in September ; twelfth ]Mon-
day after the first Monday in September.
"Union County — Fifth Monday before the first Monday in March,
for the trial of criminal cases exclusively ; second Monday after
the first Monday in March, for the trial of criminal cases exclu-
sively ; second Monday before the first Monday in March, to con-
tinue two weeks, for the trial of civil cases exclusively ; fifth Mon-
day before the first Monday in September, for the trial of crimi-
nal cases exclusively ; second Monday before the first Monday in
September, to continue two weeks, for the trial of civil cases ex-
clusively ; eighth Monday after the first Monday in September, to
continue two weeks."
Sec. 2. This act shall be in force from and after the first day of
July, one thousand nine hundred and nine. •
Ratified this the 8th day of March, A. D. 1909.
Union county.
When act
effective.
CHAPTER 865.
AN ACT TO AMEND SECTION 3803 OF THE RE VI SAL OF 1905.
Butchers to keep
records.
Tlie General Assemhly of Noi-th Carolina do enact:
Section 1. That section three thousand eight hundred and three
of the Revisal of one thousand nine hundred and five be amended
by inserting the words "Harnett a-nd Gates" after the word
"Chowan," in line ten thereof.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th day of March, A. D. 1909.
1909— Chapter 866—867. 126i
CHAPTER 866.
AX ACT TO COMPEL EXPRESS COMPAXIES TO MAKE
PROMPT SETTLEMEXTS OF CASH-OX-DELIVERY SHIP-
MENTS.
The General AssemMy of 'North Carolina do enact:
Section 1. That everv express company which shall fail to make Settlement within
, ,. , • , twenty days,
settlement with the consignor of a cash-on-delivery shipment.
either l»y payment of the moneys stipulated to be collected upon
the delivery of the articles so shipped or by the return to such
consignor of the article so shipped, within twenty days after de-
mand made by consignor and payment or tender of payment by
consignor of the lawful charges for transportation, shall forfeit Penalty for delay
and paj- to such consignor a penalty of twenty-five dollars, where
the value of the shipment is twenty-five dollars or less, and where
the value of the shipment is over twenty-five dollars a penalty
equal to the value of the shipment, the penalty not to exceed fifty
dollai's in any case: Provided, no penalty shall be collectible Proviso: penalty
where the shipment, through no act of negligence of the company, discharged.
is burned, stolen or otherwise destroyed: Provided further, that Proviso: penalty
the penalties herein provided shall not be in derogation of any of'j.ight to°^'^ '°"
right the consignor may now have to recover of the company dam- damages.
ages for the loss of any cash-on-delivery shipment or negligent de-
lay in handling the same.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 8th dav of March. A. D. 1909. '
CHAPTER 867.
AN .\CT TO PRESERVE THE INTEGRITY OF THE BALLOT
AXD PREVEXT ELECTION FRAUDS IN NEW HANOVER
COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That at and in any and all elections hereafter to be Ballots,
held in the county of New Hanover, whether for the election of
presidential or vice presidential electors or State or township or
counly officials, or for city officers or officials, or any or all of such
officers or officials, the votes shall be by ballots printed in accord-
ance with the requirements of this act and distributed at public
expense, and no other ballots shall lie used.
Pub.— SO
1266
1909— Chaptkt; 867.
Expenses paid by
county.
Expenses paid by
city of Wilming-
ton.
Specifications for
ballots.
Precedence in
position of
columns.
Extra column.
Sec. 2. That the printing and delivery of ballots and instruc-
tions to voters, judges of election and poll holders, as hereinafter
provided for and described, shall be paid for by the county in all
elections whatsoever, excepting in purely municipal elections in
the city of Wilmington, and all expenses connected with such mu-
nicipal elections shall be paid for by the city.
Sec. 3. That the names of all candidates to be voted for in each
])recinct in said county or city shall be printed on one ballot. The
names of all those who have been duly nominated by any ix)litical
party or organization of citizens shall be placed under the appella-
tion or title of such party or organization of citizens, and the bal-
lot shall contain no other names, except in the case of the election
of electors of the President and Vice President of the United
States ; then the names of presidential and vice presidential candi-
dates may be added under the party or political designations. If a
constitutional amendment or other public measure be submitted to
the people, the question shall be printed on the ballots after the
lists of candidates. All ballots shall be of plain white paper,
through which printing or writing cannot be read. There shall
be provided at each polling place at each election but one form of
i)allot, which shall contain the names of all candidates whose nom-
inations for any of the offices specified on the ballot have been
duly made, together with the title of the oflQce, arranged in tickets
or lists under the respective party or political appellations or
titles. The lists of candidates of the various parties or organiza-
tions shall be printed in parallel columns, headed by the appella-
tions or titles of such parties. Precedence in iX)sition of columns
shall be given- to that party which polled the largest number of
votes in the last preceding general election in the county, by plac-
ing the list of candidates of such party in the first or left-hand
column of the ballot. The number of such columns shall exceed
by one the number of tickets or lists of such candidates to be voted
for at such voting place. In the column on the right-hand side of
each ballot shall he printed the titles of all the offices for which
electors at the polling place for which the ballot is provided may
lawfully vote, and underneath the title of each office shall be left
a blank, in which the voter may write the name of any person or
persons for whom he wishes to vote and whose names are not
printed on the ballot, and in the space above the titles of offices
shall be printed in brevier capital letters : "The voter may write
in column below, under the title of any office, the name of any per-
son whose name is not on this ballot and for whom he wishes to
vote." No ticket or list of candidates shall contain under the
name of any party more names of candidates for any office than
are to be elected. The ballots shall be so printed that each voter
shall have a clear opportunity to designate by a cross (X) mark,
in a large blank circular space, not less than one-half nor more
I
lOO!)-— Chapter 8G7. 1267
than three-fourths of an inch in diameter, at the left of the party
appeUation or title at the heads of the respective lists of party
candidates, his choice of a straight party ticket and desire to vote
for each .And every candidate thereunder, or to vote for his choice
of any jiarticular candidate or candidates in whatsoever columns
or lists of candidates such particular candidates may appear, by
making a cross (X) mark in an oblong enclosed blank space on the
left of and before the name of each candidate for whom he wishes
to vote. The ballots shall be printed on the same leaf or sheet
of paper, with a stub, and separated therefrom by a perforated
line, which said line shall extend the entire width of the ballot
and be two and one-half inches from the top thereof. On the face instructions on
of each stub shall be printed in brevier capital letters the words : ^'^^^ °^ ®'^"^^-
"To vote a straight party ticket, make a cross (X) mark within
the circle at the left of the appellation or title of the party ; to
vote for an individual candidate, make a cross (X) mark in ;i
space liefore the name of such candidate ; to vote for a person not
on the ticket, write the name of such person under "the title of the
office in the right-hand column and make a cross (X) mark in the
space immediately before the name. Any mark or erasure made
on the ballot, except as above indicated, will make this ballot void.
and it cannot be counted. Use only the pens, ink and indelible pen-
cils provided in the booths." And there may be added such other
and further instructions as the county board of elections may
deem necessary. On the back of the ballot and in the central
space fthe central one-third of the ballot) thereof, immediately
l)eneath the perforated line, shall be printed in great primer Ro-
man condensed capital letters the words "Official Ballot for," fol-
lowed by the designation of the polling place for which the ballot
was prepared, the day of election and a facsimile of the signature
of the officer who has caused the ballots to be printed. On the
back of the stub of the ballot, in the central space thereof, and at
the top, shall be printed a line, and immediately thereunder and
at the right-hand side thereof, in small letters, the word "Name,"
under which shall l>e printed a similar line, and immediately
tbei-eundor and at the right thereof shall appear the word "Pre-
finct." At the lower left-hand side of said space, on back of the
stub, shall appear the word "No.," the usual abbreviation for "num-
ber." followed by the proper consecutive number of ballot. The
ballot shall conform practically to the form hereto attached and
marked "Sample Ballot." All ballots shall be printed in black ink
and (with the exception of the party appellation or title, which
shall l)e in display) in brevier type; the name or designation of
oflices shall Ije in brevier lower-case italics, and the names of the
candidates therefor shall be in brevier capital letters. Between
the names of each candidate and the designation of office, under
and following such name, there shall be a sjiaee of not less than
1268 1009— Chapter 807.
one-fifth of an inch, except that in case of presidential and vice
presidential electors one-eigbtb of an inch shall be sufficient. The
heading of each party ticket or list of candidates shall be separate
from the rest of the ticket by a printed line of not less than one
nor more than two points, and the circle at the left of the party
appellation or title shall be defined by a heavier line than the lines
defining the oblong blank spaces before and at the left of the
names of individual candidates. All the official ballots of the same
sort prepared for the same polling places shall be of the same size
and arrangement and quality and texture of paper and kind of
type, and shall be printed with black ink of the same tint, so that
when the stub shall be detached therefrom it shall be impossible
to distinguish any one of the ballots from others of the same sort ;
and the names of all candidates shall be printed in type of the
same size and character. If two or more officei's are to be elected
to the same office for different terms, the term for which each is
nominated shall be printed on the ballot as part of the title of the
officer. If at ^ny election one representative in Congress is to be
elected for a full term and another is to be elected to fill a vacancy,
the ballots containing the names of candidates shall, as a part of
the title of the office, designate the term or the vacancy to fill
which the candidates are severally nominated. In the blank lines
on the back of the stub, hereinbefore described, the voter shall be
required to write his name and the name of the precinct in which
he resides.
Printing and Sec. 4. That the ballots shall be f)rinted and in the hands of the
Baliot^'^subj«;t°to county board of elections two days before the election and subject
inspection. to the inspection of candidates and their agents. If any mistakes
mistakes. be discovered, the same shall be referred to the county board of
Preparation of elections and by that board corrected immediately. All ballots
Number of ballots, shall be prepared by the county board of elections, and all ballots
for each precinct shall be numbered consecutively, beginning at
number one and continuing through to such number as shall be
necessary to supply each such precinct with ballots in three times
the number of qualified voters appearing on the books of registra-
tion or three times the number of votes cast at such precinct
Packages. in the last preceding similar election. Such ballots shall be put
in separate sealed packages, with marks on the outside clearly
designating the polling place for which the ballots are intended,
and number of ballots enclosed, and a receipt therefor shall be
given by the judges of election in such precinct.
Additional ballots. Sec. 5. That the county board of elections shall make such pro-
visions that if at any time on or before the day of election the
ballots furnished to any precinct be lost or destroyed before the
polls are closed, there can be supplied to such precinct such addi-
Application for ^, ,-,..,,,,,,,,
additional ballots, tional ballots as may be necessary. These additional ballots shall
1009— Chapter 867. 1269
lie supplied only upon written applicatiou, signed by all of the
judges of election in such precinct, stating in detail the reasons
for such request or application.
Sec. 6. That any person desiring to vote shall give his name Process of \ oting.
and, if required to do so. his residence to the .judges of election,
one of whom shall thereupon announce the same in a loud and dis-
tinct tone of voice, clear and audible, and if the name is found on
the register of voters by the officer having chai'ge thereof he shall
likewise repeat the said name, and the voter shall be allowed to
enter the space enclosed by the guard rail, provision for which is
made in this act. One of the .judges shall give the voter one, and initials of judge
only one. ballot, on the back of which the said judge shall endoi'se voter. ^'^'^"
his initials in such a manner that they may be seen when the
ballot is properly folded, and the voter's name shall be immedi-
ately checked on the registration list. At all elections, when a Voter not to
registration may be required, if the name of any person desiring to ulatliTegistered.
vote be not found in the proper registration book he shall not re-
ceive a ballot until he shall have complied with the law prescrib-
ing the manner and conditions of voting by those having become
eligible as electors at a date subsequent to the date of closing the
books of registration. Besides the election officers, no more than
two voters in excess of the whole number of voting booths shall be
allowed within the enclosed voting space at any one time.
Sec. 7. That any voter who may be registered under the so- Persons entitled
called "grandfather clause" of the Constitution of the State, or markh?ballJtl.
any voter who by reason of any physical disability is unable to
mark the ballots, shall, on making oath to such disability, upon
request, be assisted in marking his ballot by two of the election
officers of different political parties. Such officers shall mark the Officers marking
ballots as directed, and shall thereafter give no information i-e- iJfformation'asTo
garding the persons or candidates for whom such voter voted, vote.
The judges of election or poll holders shall enter upon the poll Memorandum on
list, after the name of the elector who received such assistance, a ^°
memorandum of the fact. Intoxication shall not be regarded as intoxication not
physical disability, and no intoxicated person shall receive assist- ab!lf/v^' ^^^^'
ance in marking a ballot.
Sec. 8. That all officers upon whom is imposed by law the duty Polling booths.
of providing polling places shall provide at each polling place a
sufficient number of booths, which shall be provided with c-oii-
venient shelves, pens, penholder, ink. blotters and indelible pciK^ils
to enable the voters to prepare the ballots for voting, and in
which all voters may prepare their liallots, screened from observa-
tion, and such booths shall be placed as nearly as possible in the Location of
center of either a square space enclosed by ropes or guard rails ^°o'^'''*-
not less than thirty feet square, or in some building or a circular
space so enclosed, not less than thirty feet in diameter, but with
only one opening for entrance therein and one for exit tli<'i(>-
1270
1909 — Chaptek 8(i7,
Booths and
ballot box in
plain \'iew.
Construction of
booths.
Size of booths.
No persons per-
mitted within
guard rail.
Number of booths.
Expenses.
Violation of act a
misdemeanor.
Punishment.
Number of ballots
given voter.
Ballots marked
spoiled.
Preservation of
spoiled ballots.
Substitute
nominations.
Proviso: certifi-
cate of nomina-
tion.
Act to apply to
primary elections.
from. The booths shall be withiu plain view of the election offi-
cers, and both they and the ballot box shall be within plain view
of those who are outside of the rope, guai'd rail or door or window
of the building, if the booths be in a building. Each of the said
booths shall be made of wood or heavy canvas and shall have
three sides enclosed, one side in front to be enclosed by a curtain
of some opaque cloth. Each side of each booth shall be seven
feet in height and the curtain shall extend to within two feet of
the floor or bottom, which shall be closed while the vo.ter is pre-
paring his ballot. Each booth shall measure at least thirty-two
inches square and shall contain a shelf at least one foot wide,
conveniently placed for writing. No persons other than election
officers and challengers allowed by law shall be permitted within
the rope or guard rail, except by the authority of election officers,
who shall keep order and enforce the law. The number of such
booths placed at each precinct shall rest in the discretion of the
county board of elections. The expenses of providing the booths
and guard rails and all other things provided for in this act shall
be paid in the same manner as is provided for other election ex-
penses.
Sec. 9. That any person who violates any provision of this act,
other than section eight, shall be guilty of a misdemeanor, and
fined, upon conviction thereof, not less than one hundred nor more
than one thousand dollars, or imprisoned, in the discretion of the
court.
Sec. 10. That each elector, shall be given, upon surrendering to
the poll holder the first ballot given him, another ballot, and upon
likewise surrendering to the poll holder such second ballot such
voter may obtain a third ballot, but no more. Such returned bal-
lots shall be marked "Spoiled" and si.gned by two poll holders.
All spoiled ballots shall be placed in an envelope or envelopes and
the number of such ballots placed on the outside thereof.
Sec. 11. That in the event that any person nominated, as in
this act provided, die, withdraw his candidacy or for any reason
refuse to permit his name to be used as a candidate in any elec-
tion, the executive committee of the party that nominated such
person shall have the right and power to nominate a substitute
candidate for the office for which such person was nominated,
and such nomination shall have the full force and effect of a
regular nomination by primary election: Provided, that such
nomination by such executive committee be certified to the county
board of elections, over the signatures of the chairman and secre-
tary of such executive committee, and be verified by the oath of
either the chairman or secretary thereof.
Sec 12 (a). That the provisions of this act shall apply to all
primary elections, whether for the nomination of candidates or
election of delegates to conventions or members of party executive
1909 — Chapter 807. 1271
committees to be hereafter held in said countj' aud city : Pro- fl^^^^^^^^^%f
vkled, that the names of all candidates for nomination for the furnished.
several offices for which the party or political organization may
elect candidates, and the names of candidates for delegates to
the several party conventions, and of candidates for election to
the executive committees of such parties, shall be furnished the
county board of elections, to be printed on the ballots for such
primary elections by the executive committees of the political
parties holding such primary elections, and that such names or
lists of candidates for party nomination or election shall be signed
by the chairman or acting chairman of the executive committee of
such party and not less than three members thereof, and attested
and verified by the oath of the secretary or acting secretary
thereof ; aud tbat all poll holders, judges of election and other Appointment of
, ,, , • i T . XI 4-1 1 * ,1^^ election officers,
election officers shall be appomted by the county board of elec-
tions upon nomination of said executive committee of such party.
The expenses of all primary elections shall be paid in the same Expenses of
manner as is provided by law for the payment of expenses of P"maries.
other and regular elections.
{h) That the name of any candidate for election to any county. Names not
township or legislative office shall not be printed on any ballots ^"'^ e on a o
in this act provided for, unless such candidate shall have been
regularly nominated by a primary election in accordance with the
provisions of this act.
Sec. 13. That in all elections and primary elections held under Number of ballot
the provisions of this act the election officers who shall give a ^^^^^ '^'^ "
ballot to any voter shall record on the register of voters or proper
book of registration, immediately at the right of the name of such
voter and on the same line therewith, the serial or consecutive
number of the ballot so given; ami that upon the return of any comparison of
ballot to the proper election officer, either as spoiled or for de- [^^\^^^,f^t°" '"''''"""
posit in the ballot box, such officer shall compare the number of
such returned ballot with the recorded number of the ballot given
such voter, and if it be the same, then such officer shall im-
mediately detach the stub of such ballot and deposit the ballot in
the ballot box or give such voter a new ballot, if the conditions in
this act provided for the giving of additional ballots exist.
Sec. 14. That this act shall not be construed to abrogate or Construction oi
change any existing laws or clauses thereof regarding elections ^*^ "
or primary elections in said New Hanover County, excejtt in so
far as the j)rovisions of this act are inconsistent witli such ('xistiiig
laws.
Sec. 15. That all laws and clauses of laws in conflict witli (his
act are hereby repealed.
Sec. 16. That this act shall be in force and effect from and af- When act
ter the first day of June, one thousand nine hundred and nine.
Ratified this the Sth day of March, A. D. IDOf).
1272
1909— Chapter 807.
Sample Ballot.
(Stub.)
INSTRUCTIONS TO VOTERS.
(Full instructions to voters as to marking and folding ballots, obtaining new
ballots, number that can be spoiled, etc., etc.)
(Ballot.)
0 DEMOCRATIC. O REPUBLICAN. Q
For Governor: /'or Cjorcrnor: lor Gorcnior:
1 I JOHN SMITH. Q JOE BROWN. Q
For Sheriff: For Sheriff: For Sheriff:
□ W.L.JONES. □ U. L. MAY. Q
(The voter may write under the title of the office the name of any person not on
this ballot for whom he wishes to vote for such office, and so through the entire list of
nominees of all parties whose candidates will be voted for in the election at the pre-
cinct for which the ballot is prepared.)
Proposed amendment to tbe Constitution restricting
suffrage to those who pay taxes on ten thousand dol-
hirs of real proi>erty.
Adoption of new city charter, provisions of which have
been advertised in the two daily papers for the past
thirty days.
(Back of Stub.)
Yes.
X
No.
Yes.
No.
X
No. 1456
Name.
Precinct.
(Back of Ballot.)
OFFICIAL BALLOT
<u
^
V
C
FOR
,J3
Westchester Precinct, No. 5,
j=
§
Nov. 10, 1910.
c
o
13
"0
iS
A. J. BROVi^N.
Fold on this line.
o
1909— Chaptkr 8(38—809. 12 7-:
CHAPTER 868.
AX ACT TO AMEND SECTION lOSO OF THE REVISAL
OF 1005.
Tlic General Assenihlt/ of Xorth Carolina do enact:
Section 1. That section one thousaud nine liundrecl and eighty Exemption from
of the Revisal of one thousand nine hundred and five be amended •'"''•^ " ^ '
by inserting the words "funeral directors and enibahnei-s" after
the word "company," in line seven thereof.
Sec. 2. That this act shall be in force from and after its ratitica-
tion.
Ratified this the Sth day of March, A. D. 1909.
CHAPTER 869.
AN ACT TO SEPARATE THE CIVIL AND CRIMINAL TERMS
OF COURT FOR LENOIR COUNTY AND TO ABOLISH THE
SECOND WEEK OF THE DECEMBER TERM.
The General AsseniNy of Xorth Carolina do enact:
Section 1. That the Superior Courts in Lenoir County shall be Terms for criminal
opened and held at the times hereinafter set forth, to-wit : Eighth '^^s^^-
Monday before the first Monday in March, to continue one week ;
eleventh Monday after the first Monday in March, to continue one
week ; second Monday before the first Monday in September, to
continue one week ; fourteenth Monday after the first Monday in
September, to continue one week. These terms shall be for the Terms for civil
trial of criminal cases and such other matters as are hereinafter ''^•''*'^ exclusivelj .
designated. First Monday after the first Monday in March, to
continue two weeks ; fourteenth Monday after the first Monday in
March, to continue two weeks ; ninth Monday after the first Mon-
day in September, to continue two weeks. These three terms shall
be for the trial of civil cases exclusively.
Skc. 2. Civil processes mav be returnal)le to and i)loa(lings fiied Process and
^,. .. , . , ,-11 i pleadings,
out, all except herein designated. Civil trials which do not re- civil matters
(luire a jury, motions and divorce cases may be heard at such ^^^^^^^l^^ criminal
criminal terms, and any other civil actions may be heard by con-
sent at such terms.
Sec :] That no grand juries shall be drawn or summoned for No grand juries
.",. , .... 1-1 for civil terms,
the terms of court herein designated as civil terms exclusively,
and the solicitor shall not be required to attend nor entitled to his Solicitor not
. ., i 1 J.1 required to
certificate for attendance at any such civil terms unless there are attend.
cases on the civil docket which he appears in officially.
1274
1909— Chapter 869—870.
When act
effective.
Copy to be sent.
Sec. 4. That nil laws and clansos of laws in coiitiict with this
act, to the extent of such coutlict. are hereby rei)ealed.
Sec. 5. That this act shall be enforced from and after the first
day of April, one thousand nine hundred and nine, and a certitied
copy of this- act shall be sent to the conunissioners of Lenoir
County immediately after its ratification.
Ratified this the Sth day of March, A. D. 1!)U9.
CHAPTER 870.
AN ACT TO CREATE THE STATE ASSOCIATION OF COUNTY
COMMISSIONERS OF NORTH CAROLINA.
Purpose of a.s.so-
c'iation.
Association
formed.
Eligibility to
membership.
Membership not
mandatory.
By-laws, rules and
regulations.
The General AsscDibli/ of 'North Carejliiia <lo eiiaet:
Section 1. That for the purpose of bringing about and promot-
ing more intimate association and the cultivation of more friendly
relations between and among the county commissioners of the
several counties of .the State of North Carolina; to secure as far
as possible uniform valuation of propert.v, both real and personal,
for the purpose of taxation ; to bring about and stimulate a senti-
ment for the building of good roads; to discuss and propose the
enactment of such laws as will be for the best interest of all
of the counties of the State with reference to county government;
to propose and discuss the enactment of laws ,secttring uniformit.y
as far as possible with reference to county matters and the matter
of handling the business thereof; to propose and disettss the enact-
ment of such laws as is necessary for the protection of finances
and the management and preservation of the resources and assets
in and for the several counties of the State, and to do any and
all other things which shall promote the general welfare of the
State of North Carolina and the several counties therein, the
boards of county commissioners of the several counties of the
State of North Carolina and their successors in office are hereb.y
constituted and formed into an association, with the powers and
duties hereinafter set forth.
Sec 2. Cpon their election and qualification, all members of
the boards of county commissioners of the different cotinties in
the State of North Carolina may be members of said association,
and it shall not be mandatory for an.v county to become a mem-
ber of such association.
Sec. 3. That said association shall have power to adopt by-
laws, rules and regtilations for the government of its members, for
the collection of fees and dues, for the number and election of
its officers and the duties thereof, for the safe-keeping of its
1909 — Chapter 870. 12
(O
property and the geuerul management of its affairs, and shall have
power to alter, modify or amend such by-laws, rules and regula-
tions, from time to time, as it shall deem best.
Sec. 4. The ofticers of said association shall be a president, a Officers,
vice president at large and ten (10) other vice presidents, or
one from each congressional district of North Carolina, a secretary
and treasurer and an executive committee ; the duties of said Duties of officers,
otiicers to be prescribed by the by-laws, rules and regulations which
may be adopted from time to time by said association.
Sec. 5. The annual membership fee to be assessed against each Membership fee.
county as a member of said association shall be the sum of five
dollars, and said amount shall be paid out of the fund held by Payment,
the treasurer of each countj*, upon an order made by the said
board of county commissioners: Provided, that the executive com- Proviso: increase
mittee named by said association shall have the power, if it shall
become necessary to carry out the objects of the association, to
increase said membership fee at any time to a sum not to exceed
ten dollars per annum.
Sec. 6. That the annual meeting of said association shall be Annual meetings.
held on Wednesday after the second Monday in August of each
year, the place of meeting to be designated by the executive com-
mittee. There may be called meetings of the association upon called meetings.
ten days' notice, the said meeting to be called by the president or
a majority of the executive committee, and to be held at such time
and place as maj' be designated by those making the call, such
call to contain a short statement of the objects of said meeting or
meetings.
Sec. 7. That the boards of county commissioners of the various Expense of mem-
counties of the State are hereby authorized to order to be paid meetfngs"'''"*^
out of the treasury of each county the annual expenses of one
member of said board, who shall attend said meetings of said
association.
Sec. S. That for the purpose of a teniitorary organization of Officers named.
said association from the time of the ratification of this act until
the time of the annual meeting on Wednesday after the second
Monday in August, one thousand nine hundred and nine, the fol-
lowing, who have heretofore been elected at a temporary meeting
of State Association of County Commissioners, are hereby declared
to be the officers of said association, to-wit :
I'resident, C. E. Foy, of Craven County. President. ^
Vice President at large. J. A. Davidson. Guilford County. Vice presidents.
VICE PRESIDENTS.
First District — J. 1'. Quinerly, of Pitt County.
Second District — J. G. Stancil.
Third District— W. R. Ilollowell. of Wayne County.
Fourth District — T. H. Collie, of Franklin County.
Fifth District— 3. W. Slade.
1276
1909— Chapter 870—871.
Sixth District — N. A. Currie, of Bladen County.
Seventh District — N. M. Thayer, of Montgomery County.
Eighth District — B. P. Beard, of Rowan County.
Ninth District — W. M. Long, of Mecklenburg County.
Tenth District — M. N. Noland, of Haywood County.
Executive com-
mittee.
Secretary and
treasurer.
Meeting for
organization.
EXECUTIVE COMMITTEE.
First District — Thomas Green, of Beaufort County.
Second District— C. W. Spruill, of Bertie County.
Third District— W. S. Chadwick, of Carteret County.
Fourth District — W. C. Brewer, of Wake County.
Fifth District— W. C. Bradshaw, of Guilford County.
Sixth District — D. McEachern, of New Hanover County.
Seventh District — W. J. Armfield, of Randolph County.
Eighth District— !<!. B. Mills, of Iredell County.
Ninth District — J. P. Roberts, of Cleveland County.
Tenth District — J. E. Rankin, of Buncombe County.
Secretary and Treasurer, G. V. Richardson, of Craven County.
And said officers are authorized to issue a call for a special
meeting of said boards of county commissioners, at such time
and place as they may designate, for the purpose of perfecting an
organization of said association and for the purpose of transacting
such business as may be deemed best by said association.
Sec. 9. That this act shall be in force from and after its ratifica-
tion.
Ratified this the Sth day of March, A. D. 1009.
CHAPTER 871.
AN ACT TO PROMOTE THE CULTIVATION OF THE OYSTER
IN NORTH CAROLINA.
Power to lease
bottoms.
Natural oyster
beds and clam
reservations.
Acreage to be
leased.
Exception, open
waters of Pamlico
sound.
The General AsseinbJy of Noi-th Carolina do enact:
Section 1. Shellfish Commissioner can lease hottoms. — The
Shellfish Commissioner shall have power to lease to any duly
qualified person, firm or corporation, for purposes of oyster or
clam culture, any bottom of the waters of the State not a natural
oyster bed, as defined in this act, nor a clam reservation, as de-
fined in this act, in accordance with the provisions of this law.
Sec. 2. Leasing of hottoms. — ^Any citizen of North Carolina, or
firm or corporation organized under the laws of the State and
doing business within its limits, shall be granted the privilege of
talking up bottoms for purposes of oyster or clam culture, under
the provisions of this act, of an area not less than one acre nor
more than fifty acres, with the exception of the open waters of
1909— Chapter 871. 1277
Pamlico Sound (and for the purposes of this act open waters of Open waters
Pamlico Sound shall mean the waters that are outside of two
miles of the shore line), in which the minimum limit shall be five Acreage in open
acres and the maximum shall be two hundred acres : Provided, proviso: limits in
that the limit of entry in Core Sound, North River, Newport River, other waters.
Bogue Sound and all bays and creeks bordering on these waters,
and in Jones' Bay, Rose Bay. Abel's Bay. Swan Quarter Bay, Mid-
dle Bay. Bay River. Deep Bay, Juniper Bay, "West and East
Bluff bays. Wysocking Bay. Fire Creek. Stumpy Point Bay, Mouse
Harbor Bay, Maw Bay and Broad Creek, tributaries of Pamlico
Sound, shall be one acre as a minimum and ten acres as a max-
imum: Provided further, however, that at the end of one j^ear Proviso: limit
from the passage of this act the minimum area in Core Sound. '^^^'^^ °"^ -^ *'^''-
North River, Newport River, Bogue Sound and all bays and creeks
bordering on these waters, and in Jones' Bay, Rose Bay, Abel's
Bay, Swan Quarter Bay, Middle Bay, Bay River, Deep Bay.
Juniper Bay, West and East Bluff bays, Wysocking Bay, Fire
Creek, Stumpy Point Bay, Mouse Harbor Bay, Maw Bay and Broad
Creek, tributaries of Pamlico Sound, shall be one acre and the
maximum fifty acres ; but no person, firm, corporation or associa- Limit on aggre-
tion shall severally or collectively hold any interest in any lease ^^ ^"
or leases aggregating an area of greater than fifty acres, except
in the open waters of Pamlico Sound, where the aggregate area
shall be two hundred acres.
Sec. 3. Lease, how ohtained. — Such persons, firms or corpora- Applications for
tions desiring to avail themselves of the privileges of this act shall '^^^^^■
make written application, on a form to be prepared by the Shellfish
Commissioner, setting forth the name and address of the appli-
cant, describing as definitely as may be the location and extent of
the bottom for which application is made, and requesting the sur-
vey and leasing to the applicant of said bottom. As soon as possi- Surveys and
ble after the application is received, the Shellfish Commissioner ^'''P''-
shall cause to be made a survey and map of said bottom, at the
expense of the applicant. The Shellfish Commissioner shall also Examination of
thoroughly examine said bottoms by sounding and by di'agging bottoms.
thereover a chain to detect the presence of natural oysters. Should
any natural oysters be found, the commissioner shall cause exami-
nation to be made to ascertain the area and density of oysters on
said bottom or bed. to determine whether the same is a natui'al
bed. under the definition contained in this act. He shall be assisted Assistance in
in this examination on tonging ground by an expert tonger. to be tongen^'^'^'^ '^
appointed by the board of county connnissioners of the county in
which said bottom or the greater portion thereof is located, and
the question as to whether the oyster growth is sufficiently dense
to fall within the definition of the natural bed shall be determined
by the quantity of oysters which the said expert tonger may be . . .. .
able to take in a specified time; and on dredging ground the com- dredger.
1278
1909— CiTAPTKR 871.
Bottoms to be
compact.
Execution of
lease.
Papers filed with
commissioner.
Rights of lessee.
Lessee to stake off
and mark
bottoms.
Penalty for
failure.
Corner stakes.
Plautiiig required.
Publication of
lease.
Term of lease.
Rental.
luissioner sliall he assisted by an expert dredger. ai)ii(iiii1ed l)y the
board of county conniiissioners of tbe county in which said l)ottom
or the greater portion thereof is located, and the question as to
whether the oyster growth is sufficiently dense to fall within the
(lelinition of the natural bed shall be determined by the (luantity
of oysters which the said expert dredger may be able to take in a
s[)ecified time. The Shellfish Commissioner shall require the
bodies of bottoms applied for to be as compact as possible, taking
into consideration the shape of the body of water and the con-
sistency of the bottom. No application shall be entertained nor
lease granted for a piece of bottom within two hundred yards of a
known natural bottom, bed or reef. A deposit of ten dollars will
be required of each applicant at the time of making his applica-
tion, said sum to be credited to the cost of the survey of the bot-
tom applied for.
Sec. 4. Marking and staking of leased hottoms. — Immediately
upon the completion of the survey and the mapping thereof, and
the payment by the applicant of the cost of said survey and map,
the Shellfish Commissioner shall execute to the applicant, upon a
form approved l:)y the Attorney-General of the State, a lease for
the bottoms applied for. A copy of the lease, map of the survey
and a description of the bottom, defining its position, shall be filed
in the office of the Shellfish Commissioner. After tbe execution
of said lease, the lessee shall have the sole right and use of said
bottoms, and all shells, oysters and cultch thereon or placed
thereon shall be his exclusive property so long as he complies with
the provisions of this law. The lessee shall stake off and mark the
bottoms leased in the manner prescribed by the Shellfish Commis-
sioner, and failure to do so within a period of thirty days of an
order so to do issued by the commissioner shall subject said lessee
to a fine of five dollars per acre for each sixty days' default in
compliance with said order. The corner stakes, at least, of each
lease shall be marked with signs plainly displaying the number of
the lease and the name of the lessee. The lessee shall, within two
years of the commencement of his lease, have planted upon his
holdings a quantity of shells equal to an average of fifty bushels
of seed oysters or shells per acre of holdings, and within four
years from the commencement of his lease a quantity of oysters
or shells equal to an average of not less than one hundred and
twenty-five bushels per acre. The oj'ster commissioner shall, upon
granting any lease, publish a notice of the granting of same in a
newspaper of general circulation in the county wherein the bottom
leased is located.
Sec .5. Tcnn of lease, renfal. — All leases made under the pro-
visions of this act shall begin upon the issuance of the lease, and
shall expire on the first day of April of the twentieth year there-
after. The rental shall be at the rate of one dollar per acre for
1900— Chapter 871. 1-^70
tbe first ten years and two dollars per acre per year for the next
ten years of the lease, payable annually in advance on the first
day of April, of each year: Provided, that in the open waters of Proviso: rental in
Pamlico Sound (and for the purposes of this act the open wa- "''^'^ ^'^ "^"^^^
ters of Pamlico Sound shall mean the waters that are outside
the four miles of the shore line) the rental shall be at the rate
of fifty cents per acre per year for the first three years, one dol-
lar per acre per year for the next seven years, and two dollars
per acre per year for the next ten years of the lease. This rental Rental in lieu of
shall be in lieu of all other taxes and imposts whatever, and shall ^^^^'
be considered as all and the only taxation which can be imposed
by the State, counties, municipalities or other subordinate political
bodies. The rental for the first year shall be paid in advance, to Rental for tirst
an amount proportional to the unexpired part of tbe year to tbe ^^^'^•
first of April next succeeding.
Sec. G. Transfer of lease — inheritance of lease. — The said lease Lease heritable
shall be heritable and transferable, in whole or in part, provided ^"'^ tran.sferable.
the qualifications of the heirs and transferees are such as are de-
scribed by this act. Nonresidents, acquiring by inheritance or Disposal of pro-
process sale, or persons already holding the maximum area per- ^o'ldings^'^ excess
mitted by this act, shall within a period of twelve months from
the time of acquisition, di-spose of said prohibited or excess of
holding to some qualified person, firm or corporation, under penalty
of forfeiture. The lease shall be subject to mortgage, pledge, Lease subject as
seizure' for debt and the same other transactions as are other prop- Property rights.
ert^ rights in North Carolina. No transfer shall be of effect un- Record of trans-
less of court record, until entered on the books of the Shellfish ^^^^•
Commissioner.
Sec. 7. Releasing of bottoms. — The term of each lease granted Term of lease.
under the provisions of this act shall be for a period of twenty
years from the first day of April preceding the date of granting of
said lease. At Ihe expiration of the first lease, tbe lessee, upon Right to suc-
making written application on tbe prescribed form, shall be enti- *^^"^^'^*' '*^'^'^*'''-
tied to successive leases on the same terms as applied to the last
ten years of the first lease, for a period not exceeding ten years
each.
Sec. 8. Forfeiture of lease. — The failure to pay the rental of Nonpayment 9f
bottoms leased for each year in advance on or before the first day [p^4^^ ^° ^°''^*^''
of April, or within thirty days thereafter, shall ipso facto cancel
said lease and shall forfeit to the State the said leased bottoms
and all oysters thereon, and upon said forfeiture the Shellfish Com-
missioner is herelty authorized to lease the said bottoms to any
qualified applicant therefor: Provided, that no forfeiture shall be Provi.so: notice of
valid, however, under the provisions of this section, unless there '"^*'""'^^'°^ ''^'"'^'•
shall have been mailed by the Shellfish Commissioner to the last
address of the lessee upon the books of the commissioner a thirty-
days notice of the maturity of said rental.
1280
1909— CHArTEi? 871—872.
Claims for can-
cellation of lease.
Proviso: deposit
witli petition.
Exatniuation into
claim.
Forfeit of deposit.
Natural bed
marked out and
open to public.
Claim presented
within four
months.
Lease incontest-
able.
Right of appeal.
New Hanover
county excepted.
Sec. 9. Title scckic. — If any person, within four months of the
publication of the notice of granting of any lease, make claim
that a natural oyster bottom, bed or reef exists within the bound-
aries of said lease, he shall, under oath, state his claim, and re-
quest the Shellfish Commissioner to cancel said lease : Provided,
hoicevcr, that each such claim and petition shall be accompanied
by a deposit of twenty-five dollars. No petition unaccompanied
by said deposit shall be considered by the commissioner. The
Shellfish Commissioner shall, in person, examine into said claim,
and, if the decision should be against" the claimant, the deposit of
twenty-five dollars shall be forfeited to the State and deposited to
the credit of the Shellfish Commission fund. Should, however, the
claim be sustained and a natural bed be found within the bound-
ary of the lease, the said natural bed shall be surveyed and marked
with stakes or buoys, at the expense of the lessee, and the said
natural bed be thrown open to the public fishery. If no such
claim be presented within a period of four months, or if when so
presented it fail of substantiation, as provided, the lessee shall
thereafter be secure from attack on such account, and his lease
shall be incontestable so long as he complies with the other provi-
sions of this act. In each and every such case the decision of the
Shellfish Commissioner shall be sub.iect to review and appeal be-
fore a judge of the Superior Court, who shall render a decision
without the aid of a jury, and his decision shall be final. This act
shall not apply to New Ha^iover County. ^
Sec. 10. That all laws and clauses of laws, in so far as they'are
in conflict with this act, are hereby repealed.
Sec. 11. This act shall be in effect from and after its ratification.
Ratified this the 8th dav of March, A. D. 1909.
CHAPTER 872.
AN ACT TO AMEND SECTION .36-57 OF THE REVISAL OF
1905, RELATING TO ESCAPES.
Escape from
custody.
The Genenii Asseinlily of yorth Carolina do enact:
Section 1. That section three thousand six hundred and fifty-
seven of the Revisal of one thousand nine hundred and five be and
the same is hereby amended by inserting after the word "therein"
and before the word "he," in line two of said section, the words
"or escape from the custody of any superintendent, guard or offi-
cer."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 9th day of March. A. D. 1909.
1909— Chapter 873. 1281
CHAPTER 873.
AN ACT TO ESTABLISH A LIBRARY COMMISSION.
The General Assenihli/ of North Carolina do enact:
Section 1. There is hereby created a library commission that Library commis-
shall be known as the Library Commission of North Carolina and Members.
that shall consist of the Superintendent of Public Instruction, the
State Librarian, two other persons who shall be appointed by the
North Carolina Library Association, and one other person who
shall be appointed by the Governor, all of whom shall serve with-
out compensation. Upon the passage of this act, the Governor Election of mem-
shall appoint at once one person to serve one year and the North ^|p^g
Carolina Library Association one person to serve two years and
one person to serve three years; and as these terms expire, annu- Successors,
ally thereafter one person shall be appointed for three years by
the Governor and by the North Carolina Library Association,
according to the vacancy to be filled. The library commission Resignations and
may accept resignations and fill vacancies for unexpired terms, vacancies.
The term of office of the members of the commission shall begin Term of members.
April first.
Sec. 2. The commission shall annually elect its own officers. Election of
who shall perform all the duties usually pertaining to such offices, o^'^^rs.
Sec. .3. The commission shall give assistance, advice and couu- Commission to
sel to all libraries in the State, to all communities which may pro- Idvic^^and^counsel
pose to establish libraries, and to all persons interested, as to the j?} establishing
' I- ^ libraries.
best means of establishing and administering such libraries, as to
the selection of books, cataloguing, maintenance and other details
of library management as may be practicable. The commission Aid in organizing
may aid in organizing new libraries or in improving those already lit)raries.
organized, and may establish and maintain traveling or other Establishment
libraries, as may be practicable. The commission shall employ a onibraries""^"^^
secretary, not a member of the commission, who shall be a person Secretary.
trained in modern library methods, and who shall receive such Compensation.
compensation as the commission may decide, and who shall per-
form the usual duties of a secretary and such other duties as may
be assigned by the commission, and who shall serve at the will of
the commission.
Sec. 4. lOvery public library in the State shall make an annual Reports from
report to the commission, in such form as may bo presci'ibed by P"'^''^ libraries.
the commission. The term "public library" shall, for the purpose Public library
of this act, include free . public libraries, subscription libraries, ^^''^^d-
school, college and university libraries, young men's Christian
association, legal association, modical association, Supreme Court
and State lil)raries.
Pub.— 81
1282
1901J— Ghaptee 873—874.
Biennial reports.
Publication of
reports.
Members to
receive no com-
pensation.
Expen.ses may be
paifi.
Appropriation.
Offices and
equipment.
Sec. 5. The oouiinissiou shall make a biennial I'eport to the Gov-
ernor, covering its work up to January first preceding each ses-
sion of the General Assembly. Five hundred copies of this report
shall be published by the State Printer, as other State official re-
ports are published.
Sec. 6. No member of the commission shall ever receive any
compensation for service as a member, but the actual traveling
expenses of members in attendance at meetings of the commission
or in visiting or establishing libraries and other incidental and
necessary expenses connected with the work of the commission
may be paid.
Sec. 7. There is hereby annually appropriated out of any moneys
in the State Treasury, not otherwise appropriated, the sum of fif-
teen hundred dollars ($1,500), to be paid to the treasurer of the
commission for the use of the commission in carrying into effect
the provisions of this act, and any balance not expended in any
year may be used by the commission in any subsequent year.
Sec. 8. The Board of Public Buildings and Grounds may allow
for the use of the commission suitable offices and equipment in the
Capitol, the State Library or other State buildings.
Sec. 9. This act shall be in force from and after its ratification.
Ratified this the 9th day of March. A. D. 1909.
CHAPTER 874.
AN ACT TO DEFINE THE RESIDENCE OF A DOMESTIC
CORPORATION.
The General Aasemhly of Nortlii Carolina do enact:
Section 1. That section nine hundred and eighty-two of the Re-
visal of one thousand nine hundred and five be amended by chang-
ing the period at the end of said section to a colon and adding
Proviso: principal thereto the following : "Provided, that for the purposes mentioned
resid^ence^"^'"^*^^^ i" ^^^^^ section the principal place of business of a domestic coriw-
ration shall be considered to be its residence."
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 this the 9th day of March. A. D. 1909.
1909— Chapter 875—870. 1283
I CHAPTER 875.
AN ACT RELATIVE TO ADVERTISEMENT OF PUBLIC SALE.
The General Asseiuhhj of North Carolina do enact:
Section 1. That \Ylienevei" in a statute or a written instrument Publication once a
it is stipulated that an advertisement of a sale shall be made for ^^'^'^'•
any certain number of weeks, a publication once a week for such
a number of weeks so indicated shall be held and deemed to be a
sufficient compliance with the aforesaid requirements, unless con-
trary provision is expressly made by the terms of such instrument.
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the '.»th day of Mai-ch, A. D. 1909.
CHAPTER 876.
AN ACT TO PROVIDE FOR LEGALIZING PRIMARY ELEC-
TIONS FOR THE COUNTY OF CUMBERLAND.
The General A.'^senihlij of North Carolina do enact:
Section 1. That every political primary election held by any Method of con-
political party, organization or association for the purpose of elections!^"'"*"^^
choosing candidates for members of the Legislature and for county
and township ofiices in the county of Cumberland, and for all
National, State and district offices and, if the executive committee
shall deem it advisable, members of the executive committee and
delegates to the county conventions, shall be presided over and
conducted in the manner prescribed by the rules of the political
party, organization or association holding such primary election,
by managers selected in the manner prescribed by the rules now in
force or hereafter adopted by such political partj-, organization or
iissociation. The number of such managers shall be fixed and they Number and
shall be appointed by the executive committee or other like govern- ?:'!f°i"l™"' °^
ing body of the political party as now or hereafter provided by
the rules of such political party. Such managers, after being ap- Managers to
lK)inted, shall, before entering upon the discharge of their duties, Q'lalify.
each take and subscribe an oath that he will fairly, impartially and
honestlj' conduct the said primary election according to the pro-
visions of this act and the rules of such party, organization or
association, as now or hereafter prescribed. If one or more of the vacancies,
managers appointed to hold such primary election fail to appear
on the day of the election, the remaining manager or managers
.shall appoint others in their stead and administer to them the oath
herein prescribed. The managers shall take the oath herein pre-
scribed before a notary public or other officer authorized to ad-
1284
1900— Chapter 870.
Papers to be filed
Record.
Voting places.
Hours of voting.
Date.
Provi.so: general
date.
Primar5' registra-
tion.
Proviso: notice of
registration.
Persons entitled
to vote.
Proviso; persons
becoming entitled.
Copies of regis-
tration books.
Proviso: applica-
tion for copies.
Challenge day.
minister oatbs.. but if no such officer can ho secured the managers
may administer the oath to each other. Such oaths shall, after
being subscribed by the managers, be filed in the office of the clerk
of the Superior Court of the county in which such primary elec-
tion shall be held, and all returns and other records and papers
required to be kept or made by the rules of such party, organiza-
tion or association shall be returned to and filed in the office of
the clerk of the Superior Court, and shall be i^corded by him in a
book to be kept for the purpose, designated "Record of Primary
Election."
Sec. 2. All primaries under this act shall be held at the usual
voting place, on the same day, in each precinct, between the hours
of eight o'clock A. M. and seven o'clock P. I\I.. on such date as may
be fixed by the county executive committee: Provided, if a gen-
eral date shall be fixed by the State Executive Committee or other
lawful authority for holding primaries, primaries held under this
a'ct shall conform thereto as nearly as possible.
Sec. 3. The executive committee or other governing body of any
political party, organization or association in said county shall
have the right at any time to order a registration of the voters of
any such primary election : Provided, that the same shall be or-
dered and the rules governing the same prescribe^d and published
not less than thirty days before any such primary election. If no
registration shall be ordered, as above provided, then only those
persons who were duly qualified voters at the preceding general
election held for the office of the members of the General Assem-
bly, as shown by the registration books of the county, shall be en-
titled to vote at such primary election: Provided, however, that
if any person shall give satisfactory evidence to the managers of
the primary election that he had become qualified to vote since
the last general election, he shall be allowed to register and vote
in said primary election, after taking the oath prescribed heVein.
Sec. 4. That for the purpose of a registered primary, or for the
purpose of giving the managers conducting said primary election
information as to who are duly qualified voters of the said county,
the clerk of the Superior Court, register of deeds or the custodian
of any of the registration books in the county or township shall, on
demand, make a certified copy of the same for the manager or
managers of any political party, organization or association, upon
the payment of ten cents for each one hundred names or the frac-
tional part thereof: Provided, said application shall be made at
least ten days before said primary election.
Sec. 5. On the third day before a primary election is held the
registrar and the managers of their respective precincts shall
assemble at the voting places of their respective precincts at ten
o'clock A. M. for the purpose of allowing an investigation of said
registration books, and any person shall be permitted to challenge
the right of any voter whose name appears on said books to vote
1909 — Chaptek 876. 1285
and participate iu said primary election, and the preciuct board of Determination of
managers, after notice to the person whose vote is challenged, shall
hear and determine the right of said voter to vote in said primary
'election ; and if said board of managers are satisfied that the per- Names struck
son whose vote is challenged has no right to vote iu said primary ™ book,
election, they shall cause the name of the person so challenged to
be struck from said registration books and he shall not be per-
mitted to vote in said primary election. Challenges for any of Challenge on
the causes mentioned herein and for any other lawful cause shall
also be allowed on the day of the primary. The causes of chal- Causes for
I 1 11 .. 4! n challenge.
lenge shall be as follows :
(a) That the proposed voter shall not have been a resident of Nonresidence.
the State of North Carolina continuously for two years at the
time of holding the election for which the candidates to be named
in said primary election are to be voted.
( b ) That the proposed voter has not paid his poll tax, as pro- Nonpayment of
vided for by law. P°" ''^^•
(c) And that the proposed voter is a member of another politi- Nonaffiiiation
cal party other than the one holding said primary election. ^' ^ ^^^ ^ '
(d) That the proposed voter is not twenty-one years of age and Nonage.
will not be at the next election for members of the General Assem-
bly, and any other cause allowed by the general election law of
the State.
Sec. 6. That every voter desiring to register in any precinct, be- Oatli to he taken
fore he is registered, shall take the following oath : "I do solemnly ^ voters.
swear that I am .... years of age and that I am a resident of
precinct, and that at the election to be held on the ....
day of for the members of the General Assembly of
North Carolina I shall have been a resident continuously of the
State of North Carolina for two years, of Cumberland County six
months, and of precinct for four mouths." The registrar Age and date of
shall state on the registration book, in figures, opposite the name ^egl^tratlon.
of the person so registering, the age as sworn to by the said per-
son, and he shall also state on said books the date said voter regis-
tered.
Skc. 7. When any person's right to vote is challenged, on the Oath on challenge
ground tliat he is a member of another political party other tiian ^^^ nonaffiiiation.
the one holding the primary election, ho shall take the following
oath : "I do solemnly swear that I am a bona firle member of
party and that I will abide by the result of this pri-
mary." Failure to take this oath shall be conclusive evidence that challenge .sus-
said person is not a member of the party holding the primary eloc- to't'ake^oath'''"^''
tion, and the board of managers shall .sustain the challenge. Any False swearing
voter who shall swear falsely in taking the prescribed oath shall misdemeanor,
be guilty of a misdemeanor, and on conviction shall be punished Punishment,
in the discretion of the court.
Sec S. Every bona fide member of the party holding such pri- Persons permitted
mary election who will be a qualified elector on the day of elec- ^" ^'°'*^'
1286
1909— Chapter 87().
Precinct.
Voting in different
primaries fraudu-
lent.
Punisliment.
Repeating a mis-
demeanor.
Punishment.
Violation of duty
by manager mis-
demeanor.
Punishment.
Fraud or corrup-
tion misdemeanor.
Punishment.
Payments by
candidates.
Ballot-
OfHcers to per-
form duties.
Delegates to carry
out choice of
party.
Neglect of duty
misdemeanor.
Use of liquor and
bribery misde-
meanor.
tlon for which said candidates are to be named in said primary
election shall be permitted to vote and participate in said primary
election, but only in the jirecinct in which said voter resides.
Sec. 9. If any voter, having participated in one party primax'v,
shall vote or attempt to vote in a different party primary election
held for a similar purpose during the same political campaign, he
shall be guilty of fraudulent voting, and on conviction shall be
punished in the same manner and to the same extent as if he had
voted illegallj' in a general election ; and if any voter, having
voted once in a primary election, shall vote or attempt to vote a
second time in the same election, at the same or at a different poll,
he shall be guilty of a misdemeanor and shall be fined not less
than ten dollars nor more than fifty dollars for each offense.
Sec. 10. Any manager who shall be guilty of willfully violating
any of the duties devolving upon him hereunder shall be guilty of
a misdemeanor, and uix»n conviction thereof shall be punished by
fine not to exceed one hundred dollars or imprisoned not to exceed
six months ; and any manager who shall be guilty of fraud or cor-
ruption in the management of such election shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined in a sum
not to exceed five hundred dollars or imprisoned for a term not
to exceed twelve months, or both, in the discretion of the court.
Sec. 11. That upon the payment of such sum as may be required by
the executive committee of any party or organization by any can-
didate for any office, not less than ten days before a primary elec-
tion, it shall be the duty of such chairman to have the name of
such candidate printed on a ballot and distributed at each voting
precinct where such candidate is to be voted for ; and it shall be
lawful for such chairman, if the rules of the party, organization
or association so prescribe, to print the names of all such candi-
dates upon one ballot, plainly designating thereon the oflice for
which each person is a candidate, and leaving a margin sufficiently
large for the voter to make a ci'oss mark opposite the name of the
candidate for whom he desires to vote for each office.
Sec 12. It shall be the duty of any person who may be ap-
pointed by his party in any capacity and accepts the appointment
to perform faithfully the duties of such appointment, and it shall
be the duty of any delegate in any convention assembled for the
purpose of naming candidates who are to be voted for by the peo-
ple to faithfully carry out the choice of his party, when ascer-
tained and declared, as provided for by this act, and any such per-
son or delegate who shall willfully fail or refuse to perform such
duty shall be guilty of a misdemeanor, cognizable in the county of
his residence.
Sec 13. If any person shall attempt to influence the vote of
another by the use of intoxicating liquors, or shall bribe or offer
to bribe any voter by a promise of anything as a reward to be
delivered or a service to be performed prior to, at the time or sub-
1909— Chaptek 876. 3 287
sequent to the primary, lie shall be guilty of a misdemeanor, and Punishment.
on conviction shall be fined not less than twenty-five dollars nor
more than five* hurtdred dollars.
Sec. 14. It shall be unlawful for any person to sell or S'^'^ gl^^Q^'ffrbidden.
away any spirituous, vinous or malt liquors or any other intoxi-
cating liquors or beverages within three miles of the place of hold-
ing any primary election during the time of election and from
twelve o'clock on the night preceding to twelve o'clock on the night
succeeding the primary election, and any person violating the pro- Punishment.
visions of this section shall be fined or imprisoned in the discre-
tion of the court.
Sec. 1.5. That such portions, paragraphs and provisions of the General election
general election law of this State regulating the conduct of general law applicable.
elections for which said primary election is held to name candi-
dates as are not inconsistent with the true purpose and intent of
this act shall be and are hereby made a part of this act ; and all
provisions of the general election law of this State, and amend-
ments thereto, which shall be in force at the time of holding any
primary election under this act, relative to perjury or false swear-
ing and making of false returns, false registration, intimidation
of voters, bribery and the use of intoxicating liquors in the gen-
eral election, shall be in full force and efCect in holding said pri-
mary election provided for in this act.
Sec. 16. Before any ballots are received for said primary elec- Ballot boxes to be
tion, and immediately before opening the polls, the board of man- "Sited""^
agers shall publicly open each ballot box to be used in said elec-
tion and examine the same carefully, and. bavins ascertained that
the same is empty, the said boxes shall be closed and locked or
sealed, and the ballots shall be deposited in the same, through an Deposit of ballots.
opening in the top of said boxes, and the said boxes shall not be
opened again until the polls are closed.
Sec. 17. The county executive committee shall meet at the court- canvass of
house in the town of- Fayetteville, at eleven o'clock A. M. on the returns.
second day after the primary election is hold, receive, canvass
and declare the result ; and if any person shall have received a Nominees,
majority of all the votes cast for the office for which he is candi-
date, the said committee shall so declare, and the said person shall
be the nominee of his party for that office ; but if no person shall
have received a majority of all the votes cast for an office, the
said committee shall declare the person receiving the highest num-
ber of votes cast for that office to be the nominee of the party, un-
less the person receiving the next highest number of votes for
said office, or some one authorized in writing to act for him, de-
mands of said committee in writing that another primary election
be held, in which case a second primary election shall be ordered Second primary
, . . , . . , , 1 on demand.
and held under the rules and regulations herein provided, and
said primary election shall be held within ten days thereafter:
1288
1909— Chapter 870.
Proviso: can-
didates in second
primary.
Determination of
ties.
Rules for lidding
second primary.
Slander of can-
didate a misde-
meanor.
Leave of absence
to employees for
voting.
Proviso: applica-
tion for leave.
Employer to
specify hours.
Candidates to file
statements of
expenses.
Disqualification.
Adoption of act.
Act to be printed
and distributed.
Provided, that in the secoucl primary election no votes shall be
cast except for the two persons receiving, respectively, the highest
and the next highest number of votes cast in the first primary for
the same office. In the event that each person voted for in the
second primary receives the same nvmiber of votes, the county
executive committee shall decide by lot which of them shall be
the candidate of the party for that office. The second primary
election shall be held on the same registration as the first, and
no one shall be allowed to vote in the second primary election who
could not have voted in tlie first.
Sec. is. Whoever intentionally or willfully slanders the char-
acter of a candidate for office shall be guilty of a misdemeanor.
Sec. 19. Any person entitled to vote at such primary shall, on
the day of such primary, be entitled to absent himself from any
service or employment in which he is then engaged or employed
for a period of one hour, or longer if necessary, between the time
of opening and closing the polls, and such primary elector shall
not, because of so absenting himself, be liable to any penalty, nor
shall any deduction be made on account of such absence from
his usual salary or wages : Provided, hoicever, that applications
for such leave of absence shall be made prior to the day of
primary. The employer may specify the hours during which said
employee may absent himself.
Sec. 20. Within ten days after said primary election is held,
every candidate on the official list of candidates voted for in the
same shall file with the Clerk of the Superior Court of Cumber-
land County an itemized sworn statement of the money or other
things of value spent or used by him, directly or indirectly, in
said primary election, setting forth the name of the per.sons to
whom money or other things of value was given or promised, and
the purpose for which it was given ; and should any candidate
fail or refuse to file any such sworn statement within the time pre-
scribed, he shall be disqualified for the nomination to which he
aspires.
Sec. 21. That any town or city iu Cumberland County may adopt
the provisions of this act for the purpose of conducting and
regulating primary elections for town officers, by a provision in
its charter or by a majority vote of the governing authorities of
such town or city.
Sec. 22. That five hundred copies of this act shall be printed
by the Commissioners of Cumberland County for free distribution
in said county within six months from the ratification of the
same.
Sec 23. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 24. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 0th day of March. A. D. lOOt).
1909— Chaptek 877—878. 1289
CHAPTER 877.
AX ACT TO GIVE AITHORITY TO THE BOARD OF ROAD
COMMISSIONERS OF FORSYTH COUNTY TO EXPE?yD
PART OF THE ROAD FUNDS WITHIN CITIES AND TOWNS
OF THE COUNTY.
The General Asscmblij of yortJi Carolina do enact:
Section 1. That the Board of Road Commissioners of Forsyth Expenditures in
County shall have power in its discretion to expend part of the commisMoners''''^^
couutj' road funds in the construction, improvement and repair
of public highways and bridges within any incorporated city or
town in the county. Said board may, with the consent of the j^i^y conduct work
governing board of such city or town, conduct the work on such °i" appropriate and
■- ^ •' ■ pay money for
highways and bridges under the provisions of chapter twenty same.
of the Public Laws of one thousand nine hundred and seven, or
may appropriate and pay over to the governing board of the city
or town a part of the county road fund, to be applied by the
governing board of the city or town in constructing, improving
or repairing such highways and bridges in the city or town as the
county board of road commissioners may designate.
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the 0th day of March, A. D. 1000.
CHAPTER 878.
AN ACT PRESCRIBING THE TIME FOR HOLDING THE
COT'RTS OF THE SIXTH JUDICIAL DISTRICT.
The General As.seniblj/ of Xorth Carolina do enact:
Section 1. That section one thousand tive hundred and six of
the Revisal of one thousand nine hundi'ed and five be amended by
inserting, on page four hundred and forty-nine, between the word
"weeks," at the end of line fourteen, and the word "second," at *
the beginning of line fifteen, the following : "tenth Monday after Terms of court for
the first Monday in March, one week, for the trial of civil cases Wayne county.
only"; and between the word "weeks," at the end of line fifteen.
and the word "twelfth." at the beginning of line sixteen, insert
the following : "fifth Monday after the first Monday in September.
two weeks, for the trial of civil cases only"; and by adding at the
end of line eighteen "except for the terms beginning on the tenth
Monday after the first Monday in March and the fifth IMonday
after the first Monday in September."
Sec. 2. That this act sliall be in force from and after its ratifica-
tion.
Ifatified this the Otli dav of Marcli, A. D. 1000.
1290
1909— Chapter 879—880.
CHAPTER 879.
AN ACT TO liEGULATE THE CATCHING OF CLA.MS IN
BRUNSWICK. NEAV HANOVER AND PENDER COUNTIES.
'J'lic (Jeiicrdl Assembly of Xortli ('aroliua do oiact:
Section 1. That it shall be unlawful for any person, firm or
corporation to take clams in the counties of Brunswiclc, New
Hanover or I'ender, from any of the waters thereof, for the pur-
pose of bedding for market or for shipment from the said counties,
from the twenty-fifth day of March to the fifteenth day of Decem-
ber of each year : Provided, however, that citizens of the said
counties shall have the privilege at all times of the year to catch
clams for selling in any of the said counties, in small quantities,
for table use only.
Sec. 2. That it shall be unlawful for any person, firm or corpora-
Close season.
Proviso: sales for
table use onlj'.
Purchase for ship-
uiSa\vhfL '''^'PP"^^ tion to purchase clams in the counties of Brunswick, New Hanover
or Pender for the purpose of shipping from the said counties, or
for any person, firm or corporation to ship from the said counties
of Brunswick, New Hauover or Pender any clams at any time
from the twenty-fifth day of March to the fifteenth day of Decem-
ber of every year.
Misdemeanor. Sec. 3. That any person, firm or corporation violating the pro-
Punishment, visions of this act shall be guilty of a misdemeanor, and upon
conviction shall be fined for each offense not exceeding fifty dol-
lars or imprisoned not more than thirty days, in the discretion of
the court.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the !lth day of March, A. D. 1000.
CHAPTER 880.
AN ACT TO PROTECT STATE PROPERTY FROM DESTRT'C-
TION BY FIRE.
The General Assevihhi of 'S'ortli Caroliiid do eniict:
Plans for buildings Section 1. Amend section four thousand eight hundred and
to be submitted to
and approved by twenty-nine (4829), Revisal of one thousand nine hundred and
mf"sloner. '^°"^' five of North Carolina, by adding at the end thereof the follow-
ing : "No board, commission, superintendent or other person or
persons authorized and directed by law to select plans and erect
1909— Chapter 880—881. 1201
buildings for the use of the State of North Carolina or any in-
stitution thereof shall receive and approve of any plans until they
are submitted to and approved by the Insurance Commissioner of
the State as to the safety of the proposed buildings from fire,
as well as the protection of the inmates in case of fire."
Sec. 2. This act shall be in force from and after its ratification.
Ratified this the !)th day of March, A. D. 1909.
CHAPTER 881.
AN ACT TO AMEND CHAPTER 101 OF THE REVISAL OF
1905. AND TO PROTECT THE STATE'S INTEREST BY
AUTHORIZING THE BOARD OF INTERNAL IMPROVE-
MENTS TO REQUIRE AND TAKE SUFFICIENT BONDS OF
CONTRACTORS ON PUBLIC WORKS AND BUILDINGS.
The General Assembly of North Carolina do enact:
Section 1. That section four thousand eight hundred and forty-
two of chapter one hundred and one (101) of the Revisal of one
thousand nine hundred and five be and the same is hereby amended
by adding after the word "improvement" and before the word
"the," in line three of said section four thousand eight hundred and
forty-two, the words "or authorize, directly or indirectly, the erec- Buildings by state
tion or alteration of any public building or buildings at any "^s'^i*"*^^"^-
State institution, charitable, educational or penal" ; and by strik-
ing out the words "double the sum paid or contracted to be," in
line five thereof, and the word "paid," in line six thereof, and
inserting in lieu thereof the words "such sum as the board may Bonds of con-
deem sufficient" ; and that section four thousand eight hundred ^f'lctor.s.
and forty-five of said chai)ter one hundred and one (101) be and
the same is hereby amended by adding at the end of said section,
after the word "Assembly," the following: "and shall receive as Payment of com-
,, ^ , 1 -ii missioner making
compensation therefor such sum as the Governor, by and with investigation.
the advice of the Council of State, shall deem just."
Sec. 2. That the said board may appoint a clerk of the board Appointment of
whenever in its opinion the public service shall require it.
Sec. 3. That all laws and clauses of laws, in so far as they are
in conflict with said chapter one hundrwl and one, as amended
by this act, be and the same are hereby repealed.
Sec. 4. This act shall be in force from and after its i-atification.
Ratified this the Oth day of March, A. D. 1909.
1292
1909— Chapter 882—883.
CHAPTER 882.
AN ACT TO AMEND CHAPTER 825 OF THE PUBLIC LAWS
OF 1907, FOR THE PROTECTION OF BIRDS IN RUTHER-
FORD COUNTY.
Hungarian
partridges.
Tlic General A.'^semblij of North Carolina do enact:
Section 1. Amend section one of chapter eight hundred and
twenty-five of the Public Laws of one thousand nine hundred and
seven by inserting after the word "pheasant" and before the word
'"in," in line three thereof, the words "or Hungarian partridges."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 883.
AN ACT TO AMEND CHAPTER 399 OF THE PUBLIC LAWS
OF 1907, RELATING TO PRIMARIES IN SCOTLAND
COUNTY.
Offices to be
nominated for.
Candidates to be
voted for.
Delegates and
fjrecinct com-
mittees.
Announcement
of candidacy.
County commis-
sioners, coroners
and cotton
weighers.
Cliallenee for
nonaffiliation.
The General Assembly of North Carolina do enact:
Section 1. That section one of chapter three hundred and
ninety-nine of the Public Laws of one thousand nine hundred and
seven be and the same is hereby amended as follows : Strike out
all between the word "for,"* in line three, and the word "as,"
in line six, and insert in lieu thereof the words "such offices" ;
and add to the end of said section the following : "and candidates
for only such offices as are named in the call of the executive com-
mittee shall be voted for in said primary election" ; and strike
out all after the word "election," in line seven, and before the
word "and," in line nine.
Sec. 2. That section nineteen be amended as follows : Strike out
all of said section down to the word "shall," in line seven, and
insert in lieu thereof the following : "That every person who
wishes to be a candidate in said primai'y election for any office
named in the call of the executive committee" ; and strike out all
after the word "constable," in the last line of said section.
Sec. 3. That section ten be repealed and the succeeding sections
renumbered, beginning with a new section (ten), so on to the
end of said chapter three hundred and ninety-nine of the Public
Laws of one thousand nine hundred and seven.
Sec 4. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 9th day of March. A. D. 1909.
1909— Chapter 884-. ^ ^^^^
CHAPTER 884.
^X \CT TO PREVENT THE FORFEITURE OF A LIFE
POLICY WITHOUT NOTICE.
The General Assemhly of yorth Carolina do oiaet:
SECTiox 1 NO life insurance corporation doing business in this Pd.aes^notjor-^_
State sball 'within one year after the default in payment of any meiu without
pmium installment or interest, declare forfeited or ^^P-d any -fee.
poLy hereafter issued or renewed and not issued upon the paj -
'.nt of monthly or weeldy premiums, or unless the same .
term insurance contract for one year or less, nor shall any su h
pol"v "^forfeited or lapsed by reason of nonpayment when d,
of anv premium, interest or installment or any portion thereof le-
tZ iy the te;ms of the policy ----;-;;- ^^^^^^^ Kot.ce .. ..
z:^z ;^y^in:::i^.nm .uch i^emiun. -•
LVJ^est, L'tallment or portion thereof du, on ^ ^^^;J-
nl-tce where it shall be paid and the person to whom the same
'yable shall have been duly addressed and mailed to the person
hose life is insured or the assignee of the policy, if notice of the
s' gnment has been given to the corporation at h.s or her a^
icno^-n post-ofhce address in this State, P^^^age paid by the co -
poration or bv any officer thereof or person appointed by it to col
lecfsuch premium, at least fifteen and not more than orty-fiv
lavs prior to the day when the same is payable. The notice sha.l
als^o state that unless such premium, interest, insta Iment or po-
tion thereof then due shall be paid to the corporation or to th.
1^^ V appointed agent or person authorized to collect such premiun.
'"•or l^fore the day it falls due, the policy and a payments
tiu-reon will become forfeited and void, except as ^^^f J'^.^ ^ ^^
;.rp;^:nrr:r^^:-:eir^^^^
no limi't therefor, it shall be taken to be in full compliance terms of pol.cy.
;; -th the requirements of the policy in respect to the time of such
pavnmnt; and no such policy shall in any ^"^^^^^^^ /.'^f ^ f ^^..t,
•lirPd forfeited or lapsed until the expiration ot thirty days aftei
;l;rmam.irof such notice. The affidavit of any officer, cler. or Amdav.tofnot.ee.
agent of the corporation, or of any one authorized to mail such
notice, that the notice required by this section has been duly ad-
,lres«ed and mailed by the corporation issuing such policy, shall
bo presumptive evidence that such notice has been duly given.
NoUion Ihall be maintained to recover under a forfeited policy Timejor^in^^^^^^^^^
unlei the same is instituted within three years from the day
upon which default was made in paying the premium, installment.
Interest or portion thereof for which it is claimed that forfeiture
*""sec!^'2. This act shall be in force from and after its ratification.
Ratified this the 0th day of March, A. D. 10()9.
1294
1909 — OiiAPTKit 885.
CHAPTER 885.
AN ACT TO ESTABLISH A SPECIAL CRIMINAL COURT IN
THE CITY OF NEW BERN AND IN SEVENTH AND EIGHTH
TOAVNSHIPS, AND TO PRESCRIBE THE JURISDICTION
THEREOF.
Court established.
Court of record.
Recorder.
Substitute
recorder.
Election of
recorder and sul
stitute.
Term of ofiBce.
Recorder and sub-
stitute to qualify.
Salary of recorder.
Sessions of court.
First session.
Secretary of state
to send copy of
act.
Ulte General Afisenihhj of North Carolina do enact:
Section 1. A special -court for the trial of petty misdemeanors
committed in the city of New Bern and in Seventh and Eighth
townships, Craven County, and to be designated as the "Recorder's
Court of New Bern," is hereby created and established.
Sec. 2. Said court shall be a court of record, and it shall be pre-
sided over by a recorder, who shall be a qualified voter of Craven
County, and in his absence or sickness by a substitute recorder,
who shall possess the qualifications of the recorder.
Sec. .3. Said recorder and substitute recorder shall be each
elected at a joint meeting of the members of the board of alder-
men of the city of New Bern and the members of the board of
commissioners of the county of Craven, at the courthouse in said
county, at twelve o'clock of the day, on the first Monday of .Tune,
one thousand nine hundred and nine, and every two years there-
after. The term of office of the recorder and substitute recorder
elected as herein provided shall be two years. Said recorder and
substitute recorder, to be elected as herein provided, shall, before
entering upon the discharge of their duties, take and subscribe the
oath required of judges of the Superior Court, befoi-e the Clerk of
the Superior Court of Craven County, which said oaths shall be re-
corded by said clerk. The salary of the recorder shall be one
thousand two hundred dollars per year, to be paid monthly out of
the funds and in the manner as herein provided.
Sec. 4. The court shall hold daily sessions, Sundays excepted, at
the courthouse in Craven County, except when the Superior Court
shall be in session in said county, during which time the sessions
of said recorder's court shall be held at such place as shall be
provided by the board of commissioners of the county of Graven
and the board of aldermen of the city of New Bern ; and it is
hereby made the duty of the said board of commissioners of the
county of Craven and the board of aldermen of the city of New
Bern to provide a suitable place for the holding of the said courts
during the term of the Superior Court in Craven County. The
first session of said court shall be held on the second Monday
morning in June, one thousand nine hundred and nine. The S^Jecre-
tary of State is directed, upon the ratification of this act, to for-
ward a certified copy thereof to the board of aldermen of the city
of New Bern and to the board of commissioners of the county of
Craven.
1901) — Chapter 885. li'Oo
Sec. 5. Said court shall have a seal, with the impression "Re- seal of court.
corder's Court of New Beru." which seal shall be used in attesta-
tion of writs, warrants or other proceedings, acts or judgments of
said court, whenever required, and in the same manner and to the
same effect as the seal of other courts of record in the State of
North Carolina.
Sec. 6. There shall be a clerk of said court, who shall be a quali- Clerk of court.
fied voter of New Bern and who shall be elected as hereinbefore ^^^^^*°'^ °^ '^^'''■'^■
provided for the election of the recorder of said court, and shall Term.
hold office two years. The salary of said clerk shall be forty dol- Salar.y.
lars per month, to be paid as hereinbefore provided for the pay-
ment of the salary of the recorder of said court. Before entering Clerk to give bond
upon the duties of his office as such clerk of said court, whose elec- ^ '^"'^ ' ^'
tion is herein provided for, shall enter into a bond, with good and
sufficient suretj', to be approved by the recorder of said court, in
the sum of one thousand five hundred dollars, for the true and
faithful performance of his duties as clerk and for the faithful
accounting for all moneys which may come into his hands as such
clerk ; and the clerk, whose election is herein provided for, shall,
before entering upon the discharge of his duties, take and sub-
scribe an oath, now provided by law for clerks of the Superior
Court, before the Clerk of Superior Court of Craven County, who
shall record said oath.
Sec. 7. The jurisdiction of said court shall be as follows : Jurisdiction.
(a) Said court shall have final exclusive original jurisdiction of offenses within
all criminal offenses committed within the city of New Bern which ^ustices'^onhp
are now within the jurisdiction of the justices of the peace or peace.
which may hereafter be within the jurisdiction of the justices of
the peace.
(h) Said court shall have final exclusive original jurisdiction of violations of town
all violations of town ordinances committed within the limits of ^^'^ mances.
the city of New Bern.
(c) Said court shall have (inal concurrent original jurisdiction offenses com-
of all criminal offenses committed within the Seventh and p:ighth ^I'rtelghih Vown-'
townships, outside of the corporate limits of the city of New Bern, ships.
which are now or may hereafter be within the jurisdiction of the
justices of the peace.
(d) Said court, in addition to the jurisdiction conferred in sub- Enumerated
sections (a), (h) and (c) of this .section, shall have final exclu- °*^''""'*^^-
sive original jurisdiction of the following criminal offenses, to-wit :
Carrying concealed weapons; gaming; gambling; keeping gambling
tables and houses ; keeping bawdy-houses and disorderly houses ;
the larceny of and receiving stolen goods, knowing them to be
stolen, where the property stolen does not exceed ten dollars in
value; for failure to list taxes; assault and battery with a deadly
weapon, or when serious damage is done; fornication and adul-
tery; abandonment; failure to provide adequate support; cruelty
to animals: nialir-ious injury to real or ])ersonal property;
1296
1909— CnAi'TKR 88:)
Crimes declared
petty misde-
meanors.
Jurisdiction in
preliminary
investigations.
Prosecutions
heretofore com-
menced.
Powers as court
of committal.
Powers in sen-
tencing convicts.
trt'spassiiig on land af tor forbidden ; forcible trespass ; enticing'
servants to leave masters; indecent exposnre of person; retailing-
spirituous liquors without license; selling or giving away spirit-
uous liquors to a minor ; selling or giving away cigarettes to a
minor; obtaining advances by false pretense; disposing of mort-
gaged property; maintaining nuisances; all crimes against public
health, as contained in the Revisal of one thousand nine hundred
and five, from section three thousand four hundred and forty to
three thousand four hundred and tifty-eight, inclusive ; all misde-
meanors as contained in chapter eighty-one of the Revisal of one
thousand nine hundred and five, or any act amendatory thereof,
where the punishment does not exceed a fine of two hundred
dollars and imprisonment for one year, and all »rimes which at
common law are misdemeanors, wherein the punishment is in the
discretion of the court; and all such crimes hereinbefore enumer-
ated are hereby declared by this act to be petty misdemeanors,
and the punishment therefor shall be as now prescribed by law.
(c) In any other criminal matter wherein said court has not
tiual .iurisdiction it shall have power and it is hereby fully author-
ized to hear and bind over to the proper court all persons charged
with any crime committed within the city of New Bern or Seventh
and Eighth townships, whereof the preliminary investigation is
now conferred on justices of the peace or the Mayor of New Bern,
and to render such judgment in such matters as now provided by
law : Provided, that in any case where prosecution has been com-
menced prior to the ratification of this act the court in which said
prosecution has been instituted shall have jurisdiction thereof;
and any and all cases heard by the recorder of the court estab-
lished by this act as committing magistrate against any person or
persons for any offense whereof said court herein established has
not jurisdiction, in which probable cause of guilt is found, such
person or persons so charged shall be bound in bond or recogni-
zance, with sufficient surety, if the crime be bailable under the
law, to appear at the next term of the Superior Court of Craven
County for the trial of criminal cases, and in default of such bond
or recognizance such person or persons shall be committed to the
common jail of Craven County to await trial, as aforesaid ; if the
crime be not bailable, then to commit the defendant so charged to
the common jail of Craven County to await the action of the
Superior Court thereof.
(/) Said recorder shall have all the power and jurisdiction and
authoritj' now conferred by law upon justices of the peace or the
Superior Court of Craven County to sentence any person convicted
in said court of a misdemeanor, for which the punishment pro-
scribed by law is imprisonment, to be worked on the public roads
of said county, as now provided by law, and the clerk of said court
shall issue commitments therefor in the same manner as now ])ro-
vided by law for clerks of the Superior Courts.
1909— Chapter 885. 1297
(y) Warrants may be issued by the recorder of said court for warrants issued
any person or persons charged with the commission of any crim- ^ recorder,
inal offenses of which the said court has jurisdiction, and any Right of appeal.
person convicted in said court shall have the right to appeal to the
Superior Court of Craven County, and upon such appeal the trial Trial de novo,
in the Superior Court shall be de novo.
(h) The said recorder's court shall have jurisdiction of any and Offenses hereto-
all criminal offenses committed before the ratification of this act ^°^^ committed.
and of which no court has taken jurisdiction.
(0 The said court shall have full jurisdiction to issue search Search warrants.
warrants in all cases now provided by law, and shall also have
jurisdiction, exclusive, original and concun-ent, of peace warrants peace warrants.
as herein provided for other offenses.
Sec. 8. The costs of serving warrants, subpoenas and other Costs.
processes issued by said recorder's court shall be the same as
now fixed by law and shall be paid to the officer performing
such services. The fees for issuing the warrants, subpoenas for Fees,
witnesses and for making up bill of costs and for any other process
or writ issued by said court or services performed by said clerk
for which a fee is now prescribed by law shall be the same as now
fixed by law for justices of the peace and clerks of the Superior
Courts in similar cases ; and every defendant convicted, adjudged Defendants con-
guilty or who pleads guilty in said court shall be taxed with the ^^gt? *^^^^ ^^^^
costs of the prosecution, as now prescribed by law ; and all such Costs paid over to
costs recovered and collected in said court, except costs due to the ^°'^'" ^
sheriff, constable, police officers or specially deputized officer, shall
be paid on IMonday of each week by the clerk of said court to the
Treasurer of Craven County, who shall keep a separate account
thereof, and who shall report to the board of aldermen of the Monthly reports.
city of New Bern and the boai'd of commissioners of the county
of Craven, on the first day of each month, the amount paid him
by said clerk ; and the said clerk shall file with the board of alder- Clerk to file item-
men of the city of New Bern and the board of commissioners of '^^ ^ ^ emen s.
the county of Craven, on the first day of each month, an itemized
statement of all costs collected by him and paid to the treasurer
of the county of Craven for the month preceding. Out of the payment of
fees so paid to the treasurer of the county by the clerk of said IxpeJfse^of court
court there shall be paid monthly, if same be sufficient, the salary
of the said recorder, the compensation of the prosecuting attorney
and the salary of the clerk of said court, and the expenses of
stationery, books, files, dockets and other such expenses of said
court. If the fees so collected and paid to the treasurer of the Payment of
county of Craven shall be insufficient to pay said salary of the ciency.
said recorder and the said clerk and the expenses of said court
and the compensation of the prosecuting attorney, then the dif-
ference shall be paid, one-half by the city of New Bern and one- pjyjsjon of sur-
half by the board of commissioners of the county of Craven. If plus.
Pub.— 82
1298
1909— Chapter
Fines.
Proviso: fees due
salaried police-
men.
Process of court.
Warrants to run.
Sentences to
work on roads.
Proviso: street
work.
Recorder to
preside.
Proceedings of
court.
Right of appeal.
Bond on appeal.
the fees at the end of each year shall be iu excess of the salary of
the recorder and of the clerk for the year and the exjienses for
stationery and other expenses of said court, the said excess shall
be paid by the treasurer of the county of Craven, one-half to the
treasurer of the city of New Bern and one-half retained by the
said treasurer and credited to the general county fund of the
county of Craven. The clear proceeds of all fines collected by the
clerk of said recorder's court shall be paid to the treasurer of the
county of Craven and shall be held by said treasurer for the pur-
pose now provided by law : Provided, however, that all fees due
salaried policemen of the city of New Bern shall be paid to the
treasurer of the city of New Bern, to be disbursed and expended
as now provided by the charter of the city of New Bern and the
amendments thereto.
Sec. 9. The warrants, subpoenas and other processes issued by
said recorder's court shall be directed to the sheriff or other
lawful officer of Craven County, and the service thereof shall be
lawfully made when made by the sheriff of said county or any
constable of said county, or any police oflicer of the city of New
Bern or other town or city, or, in the absence of such otticers,
by any proper person specially deputized by the recorder in writ-
ing to make service ; and said warrants, subpoenas and other
processes of said court, when attested by the seal of said court,
shall run anywhere in the State of North Carolina and shall be
executed by all officers according to law.
Sfx'. 10. Whenever any person is convicted of any offense of
which said court has jurisdiction, and the punishment imposed is
a fine or imprisonment, or imprisonment and costs, the recorder
shall sentence the defendant to be worked upon the public roads
of the county of Craven until such sentence has been complied
with, and the clerk of said court shall issue commitment of the
defendant in accordance with the judgment of said court : Pro-
vided, such sentence may be made to work on the streets or other
works of the city of New Bern, as now provided in the charter of
the city of New Bern.
Sec. 11. The recorder shall preside over said court and try and
determine all actions coming before him, the jurisdiction of which
is conferred by this act, and the proceedings of such court shall
be the same as are now prescribed for justices of the peace, and in
all cases there shall be a right to appeal on the part of the defend-
ant adjudged guilty to the ensuing term of the Superior Court of
said county for the trial of criminal causes ; and in all such cases
of appeal the defendant shall be required to give bond, with suffi-
cient surety, to be fixed by the said recorder, conditioned for the
defendant's appearance at such court, and in default thereof the
recorder shall commit such defendant to the common jail of
Craven County until said defendant shall give bond or be other-
wise discharged according to law.
1909— Chapter 885. 1299
Sec. 12. Said court shall also have jurisdiction to try all actions Jurisdiction for
for recovery of any penalties imposed by law or this act, or bj* any tfes!^^"^^' ° pena -
ordinance of the city of New Bern, for any act done within said
city of New Bern contrary to law or said ordinance, and said
penalty shall be recovered in the name of the said city of New
Bern.
Sec. 13. It shall be the duty of the clerk of said court to keep an Accounts and
accurate account and true record of all costs, tines, penalties, ^g^j^'^'* ^^^^ ^^
forfeitures and punishments by said court imposed under the
provisions of this act. and said record shall show the name and
residence of such offender, the nature of the offense, the date of
hearing of trial, and punishment imposed, which record shall at Record open to
all times be open to and subject to inspection by the board of i^ispection.
commissioners of the county of Craven and the board of aldermen
of the city of New Bern and other persons having business relat-
ing to said court. He shall provide a permanent docket for record- Permanent
ing all the processes issued by said court, which shall conform to °^'^^^-
the dockets kept by the clerk of the Superior Court. He shall Files.
also provide proper files to properly keep records of all causes
which shall be disposed of in the said court, and what disposition
has been made of them.
Sec. 14. All cases which have heretofore been bearable by the cases tried by
Mayor of New Bern shall, after this act goes into effect, be tried recorder,
by the recorder appointed in this act ; but no cases which are cases pending in
pending in the Superior Court of Craven County at the time this superior court,
act goes into effect shall be transferred to the recorder's court, but
the same shall be disposed of in that court; and all cases pending cases pending
before the justices of the peace of Craven County shall be tried and before justices.
disposed of by said court in accordance with the law as it existed
at the time of the ratiiScation of this act.
Sec. 15. That the recorder and substitute recorder of said court Recorder and
shall not, by virtue of his office as recorder, be prevented ti'*'iii pract'c"*^!^ v ^^
practicing law in matters in which he is in no way connected by
reason of the said office, or in other courts in the State in matters
which have not been heard or will not be heard by him as re-
corder ; that the clerk of said court shall not be deprived of hold- cierk may hold
ing other office, the duties of which will not interfere with his other office,
performing the duties of said office of clerk.
Sec. 16. In the absence of the recorder from the city of New Substitute
Bern, or in the event of sickness or disability to hold the daily ses- fn^ahsence'of^^'^''^^
sions of said court, the court shall be presided over by the substi- recorder.
tute recorder elected as herein provided, and he shall have all the
powers and perform all the duties, the same as the recorder. His Compensation.
compensation shall be five dollars i)or day, to be paid out of the
salary of the recorder.
Sec. 17. The recorder, substitute recorder or the clerk of said Removal for
court may be removed from office by the board of aldermen and °^"s^-
1300
1909— Chapter 885.
Election of prose-
cuting attorney.
Compensation.
Tax fee for prose-
cuting attorney.
Prosecuting
attorney to assist
solicitor in
appeals.
Tax fees.
Not to practice
criminal law in
county.
Justices of the
peace to issue
warrants.
Warrants return-
able to recorder's
court.
Other justices
may make war-
rants returnable
to recorder's
court.
Witness fees.
Act operative
when approved by
voters.
Date of election.
Ballots.
the board of commissioners of Craven County in joint session,
after hearing and notice to the officer whose removal is being
investigated, upon proof of immorality and continued neglect of
the duties of his office ; and if either of said officers is removed
the said boards at sfiid joint meeting shall elect his successor for
the unexpired term.
Sec. is. That the board of aldermen of the city of New Bern and
the Board of Commissioners of Craven County are hereby empow-
ered to elect the prosecuting attorney to prosecute any and all
actions before said recorder's court, at a joint meeting of the
members of the board of aldermen of the city of New Bern and
the members of the Board of Commissioners of Craven County at
the meeting of said joint board, as provided hi section three of
this act, and his compensation shall be fixed by the board of alder-
men and board of county commissioners at said joint meeting, one-
half to be paid by the city of New Bern and one-half by the county
of Craven.
(a) There shall be taxed in the bill of costs in each case a fee
for the prosecuting attorney, as now provided in cases for the
solicitor in the Superior Court. Such fees shall be paid into the
cost fund as other costs of said court and be used as other costs
collected.
(h) It shall be the duty of the prosecuting attorney, in all cases
of appeal to the Superior Court, to assist the solicitor in said
court, and fees shall be taxed in said court equal to the fees of the
solicitor, and shall be paid to and used as provided in section
eighteen («), and said prosecuting attorney shall not engage in
the practice of criminal law otherwise in the county of Craven
while he holds the office.
(c) All justices of the peace of Craven County shall have the
same jurisdiction as heretofore to issue warrants in criminal
cases, but in the Seventh and Eighth townships the same shall be
returnable to and triable before the recorder's court, and no other.
Justices of the peace in other townships of Craven County may,
by order as therein or endorsed thereon, make the warrant in any
case returnable to this, the recorder's court, and in all such cases
this said court shall have jurisdiction as hereinbefore provided.
(d) All witnesses compelled to attend by the subpoena of the
court shall be entitled to the same fees as is now provided in the
Superior Court, to be paid as provided for in cases in that court.
Sec 10. That this act shall become operative when submitted to
the qualified voters of the city of New Bern and approved by a
majority of them at the regular city election to be held in May,
one thousand nine hundred and nine ; and at said election those in
favor of the adoption of this act shall vote a ballot on which shall
be written or printed "For Recorder's Court." and those opposed
1909— Chapter 885—886—887. 1301
shall vote a ballot ou which shall be written or printed "Against
Recorder's Court" ; and if a majority vote "For Recorder's Court."
then this act shall be in force and become operative.
Sec. 20. All laws and parts of laws in conflict with this act are
hereby repealed.
Sec. 21. This act shall be in force and effect from and after its
ratification.
Ratified this the 9th day of March, A. D. 190.I.
CHAPTER 886.
AN ACT RELATING TO APPEALS FROM JUSTICES OF THE
PEACE IN CIVIL ACTIONS.
The General Assembly of North Carolina do enact:
Section 1. That in all cases of appeal in civil actions from a Appeals not
judgment of a justice of the peace the clerk of the Superior Court cost^^paid"or^
shall not be required to docket said appeal until the costs are paid bond given.
or a bond given, or a deposit made to secure such costs.
Sec. 2. That all laws in conflict with this act are hereby re-
pealed.
Sec. 3. That this act shall apply only to Wayne County. Application of
Sec 4. That this act shall take effect and be in force from and ^'^^
after its ratification.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 887.
AN ACT RELATING TO THE COMPENSATION OF THE EM-
PLOYEES IN THE OFFICE OF STATE LIBRARIAN.
The General Assembly of North Carolina do enact:
Section 1. That the provisions of section eleven of chapter -eii^ht Section repealed.
hundred and thirty of the Public Laws of one thousand nine hun-
dred and seven, in so far as the same authorizes the allowance of
a servant for the State Librarian, is hereby repealed.
Sec 2. That section two of chapter six hundred and forty-seven Salary of janitor.
of the Public Laws of one thousand nine hundred and seven Ik^
hereby amended, in line two, by striking out the words "twenty-
five" and inserting in lieu thereof the word "sixty."
Sec 3. That this act shall be in force from and after April first. Wlien act
• effective
one thousand nine hundred and nine.
Ratified this the 9th day of March. A. D. 1909.
1302
1909— Chapter 888—889.
CHAPTER 888.
AN ACT TO MAKE THE TWELFTH DAY OF APRIL OF EACH
YEAR A LEGAL HOLIDAY, IN COMMEMORATION OF THE
"HALIFAX RESOLUTIONS."
Preamble.
Preamble.
Preamble.
Legal holiday
declared.
Whereas the Provincial Congress which met at Halifax, in this
State, in April, one thousand seven hundred and seventy-six, after
providing for the military organization of tlie State, did, on the
twelfth day of April, one thousand seven hundred and seventy-six.
adopt the following resolutions, generally known as the "Halifax
Resolutions," to-wit :
''Resolved, that the delegates from this colony in the Continen-
tal Congress be empowered to concur with the delegates from the
other colonies in declaring independence and forming foreign alli-
ances, reserving to this colony the sole and exclusive right of
forming a constitution and laws for this colony."
And whereas said resolution is the first declaration in favor of
independence by the people of the whole State, through their
duly authorized representatives, and was adopted more than two
months before the Declaration of Independence by the Continen-
tal Congress ; and whereas an occurrence so momentous in the
history of our State and Nation, and so illustrative of the patriot-
ism and wisdom of the whole people of North Carolina, should be
commemorated : therefore.
The General AsHenthly of North Carolina do enact:
Section 1. That the twelfth day of April in each and every year
be and the same hereby is made a legal holiday in North Carolina.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March, A. D. 1909.
CHAPTER 889.
AN ACT TO PROHIBIT THE SALE OF LIQUORS WITHIN
TWO MILES OF HOPEWELL METHODIST EPISCOPAL
CHURCH. SOUTH. IN SAMPSON COT'NTY.
The General Assembhj of Xorth Carolina do enact:
Prohibition. SECTION 1. That it shall be unlawful for any person, firm or cor-
poration to sell any wine, cider or other spirituous liquors within
two miles of Hopewell Methodist Episcopal Church. South, in
Sampson County.
1909— Chapter 889—890—891. 1303
Sec. 2. Auy person, firm or corporation violating the provisions Misdemeanor,
of tliis act sliall be deemed guilty of a misdemeanor, and upon punishment,
conviction thereof shall be fined not more than fifty dollars or
imprisoned not more than thirty days, in the discretion of the
court.
Sec. 3. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 9th day of March, A. D. 190f).
CHAPTER 890.
AN ACT TO CHANGE THE BOUNDARY LINE BETWEEN
THE COUNTIES OF VANCE AND FRANKLIN.
The General Assevibly of 'North Carolina do enact:
Section 1. That chapter one hundred and thirteen of the Public
Laws of one thousand eight huudi'ed and eighty-one be amended
by striking out, after the word "thence," in line fourteen of said
act, the words "in a direct line," and inserting in their place the Line established,
following : "down and with the Millford Road."
Sec 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March. A. D. 1909.
CHAPTER 891.
AN ACT TO CHANGE SECTION 3746 OF THE REVISAL OF
1905, RELATING TO TRESPASS, IN ORDER TO AFFORD
BETTER PROTECTION TO THE LANDS OF THE STATE
BOARD OF EDUCATION.
The General Assemhly of North Carolina do enact:
Section 1. That section three thousand seven hundred and forty-
six of the Revisal of one thousand nine hundred and five be
amended by adding after the word "misdemeanor," in line six
thereof, the following : "Moreover, the State Board of Education Amount to be
can recover from any person cutting timber on its land three times ^^^^o^ered.
the value of the timber which is cut."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March. A. D. 1909.
1304
1909— Chapter 892—893.
CHAPTER 892.
AN ACT TO ESTABLISH THE STOCK LAW IN LEE COl'NTY.
Date of establish-
ment of stock law.
Pains
ties.
and penal-
Sale and building
of fences.
When act
effective.
The General AssonhJy of North Carolina do enact:
Section 1. That from and after the first day of January, one
thousand nine hundred and ten, the stock law shall l)e and hereby
is established in the county of Lee, and from and after said day it
shall be unlawful for any live stock to run at large in any part of
said county, under the pains and penalties set forth in chapter
thirty-five of the Revisal of one thousand nine hundred and five.
Sec. 2. That the county commissioners of said county are hereby
authorized to dispose of, either at public or private sale, as they
may deem best, the public fences of said county, the keeping of
which may be rendered unnecessary by this act, and turn over to
the general fund of said county the balance of the proceeds of said
fences remaining, after building any fences that may be necessary
between said county and any adjoining county.
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 January
the first, one thousand nine hundred and ten.
Ratified this the 9th day of March. A. D. 100!>.
CHAPTER 893.
AN ACT TO PROHIBIT THE SALE OF WINE. CIDER OR ANY
INTOXICATING LIQUORS WITHIN THREE MILES OF
EAST ARCADIA, IN BLADEN COUNTY.
Prohibition.
Misdemeanor.
Puni^ihment.
7'he General Assembl}/ of North Carolina do ena^t:
Section 1. That it shall be unlawful for any person, firm or cor-
poration to sell or dispose of, for gain or profit, any wine, cider or
any intoxicating drink whatever to any person within three miles
of East Arcadia railway station, Bladen County, in any quantity
or quantities.
Sec. 2. That any person, firm or corporation violating the pro-
visions of this act shall be guilty of a misdemeanor, and upon con-
^'iction shall be fined or imprisoned, or both fined and imprisoned,
in the discretion of the court.
Sec, o. 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 ratifica-
tion.
Ratified this the 9th day of March. A. D. 1909.
1909— Chapter 894—895. l.'^Oo
CHAPTER 894.
AN ACT TO AMEND SECTIONS 4314 AND 4353 OF THE RE-
VI SAL OF inOo, RELATING TO ELECTION RETURNS.
The General Assembly of Xorfh Carolina do enact:
Section 1. That section four thousand three hundred and four-
teen of the Revisal of one thousand nine hundred and tive be
amended by adding at the end of said section the following : "Said Returns for
chairmen or a majority of them shall certify under their hands to ^^"'^ °'^^'
the Secretary of State, upon blanks furnished by him for that
purpose, a list of the names of the persons voted for in said dis-
trict for senator, together with the votes cast for each, and their
post-office addresses."
Sec. 2. That section four thousand three hundred and fifty-three
of the Revisal of one thousand nine hundred and five be amended by
adding at the end of said section the following : "The register of Returns for sena-
deeds shall, within five days after such returns are filed in his lives "a nd'^cou nty
office, certify under his official seal to the Secretary of State, upon officers,
blanlcs furnished by him for that purpose, a list of the persons
voted for as members of the Senate and House of Representatives
and all countj' officers, together with the votes cast for each, and
their post-office addresses."
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the l>th day of March, A. D. 1000.
CHAPTER 895.
AN ACT TO PROTECT RAINBOW AND MOI.'NTAIN TROUT
IN THE STREAMS OF WESTERN NORTH CAROLINA.
The General AsscnihUj of Xort/i Carolina do enact:
Section 1. That any person or persons who shall kill any rain- Killing fish witii
bow or mountain trout in any stream in the counties of Mitchell, ^d\'kii"g'or'ieimng
Watauga and Burke with dynamite or by sacking or seining shall •'^'■'''^•^meanor.
be guilty of a misdemeanor, and upon conviction thereof shall bo Punisliment.
imprisoned for not less than ten days and not exceeding thirty
days or fined not exceeding fifty dollars nor less than twenty-five
dollars.
Sec. 2. That any person, merchant or firm who shall sell, know- Sale of dynamite
ingly, or give away any dynamite cartridge, caps or fuse for tlie ^[Jg^"^„o'^''
purpose of being used in killing fish .shall be guilty of a misde-
meanor, and upon conviction thereof shall be punished as provided Punishment,
in section one of this act.
Sec. 3. That this act sliall be iu force from and after its ratifica-
tion.
Ratified this the 0th day of March, A. D. 1009.
1306 1909— Chapter 896—897.
CHAPTER 896.
AN ACT TO AMEND SECTION 1699 OF THE REVISAL OF
1905 OF NORTH CAROLINA, IN REGARD TO THE VALID-
ITY OF GRANTS.
The General AssemMij of North Carolina do enact:
Color of title. SECTION 1. That sectiou one thousand six huudred and ninety-
nine of the Revisal of one thousand nine hundred and live of
North Carolina be and the same is hereby amended as follows :
Insert after the word "land" and before the word "made," in line
three of said section, the words "issued upon an entry," and insert
after the word "whatever" and before the word "shall," in line
eight of said section, the words "as against persons making claim
to said laud and holding deeds or other muniments of title convey-
ing the same to such persons sufficient to constitute color of title
thereto, and of such date as to permit continuous possession there-
under by such persons, or those under whom they claim, for
twenty years or more immediately prior to the date of such
grant" ; and insert after the word "grantees" and before the word
"and," in line ten of said section, the words "as against such per-
sons," and add at the end of said section the words "as against
such persons."
Sec. 2. That all laws and clauses of laws in conflict with this act
are hereby repealed.
Application of act. Sec. 3. That this act shall apply only to Moore County.
Sec. 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March. A. D. 1909.
CHAPTER 897.
AN ACT TO VALIDATE MARRIAGES HERETOFORE SOL-
EMNIZED BY FNORDAINED MINISTERS OF THE GOS-
PEL.
The General Asfieiubly of North Carolina do enact:
Marriages Section 1. That all marriages heretofore solemnized by minis-
^^' ^^^ ■ ters of the gospel who were licensed, but not ordained, be and the
same are hereby validated and made binding and effective from
their consummation.
Sec. 2. That this act shall be in full force and effect from and
after its ratification.
Ratified this the 9th day of March. A. D. 1909.
1909— Chapter 898—899. ISO'
CHAPTER 898.
AX ACT TO AMEND SECTION 3890 OF THE REVISAL OF
1905, RELATIVE TO BUILDING AND LOAN ASSOCIA-
TIONS.
The General Assembly of North Carolina do enact:
Sectiox 1. That section three thousand eight hundred and Power to borrow
ninety, Revisal of one thousand nine hundred and five of North ™°"®y-
Carolina, be amended by adding the following : "Any such associa-
tion may in its constitution authorize the board of directors from
time to time, by resolution adopted by a vote of at least two-thirds
of all of the members of the board and duly recorded on the
minutes, to borrow money on the note of the association upon such •
terms and conditions as the constitution shall prescribe : Provided, Proviso: loan for
such loan shall not be made for a longer period than six months, ^x^moiffhs'^'^^"
and the money so borrowed shall be used for no other purpose use of money
than to pay, in whole or in part, a loan already made to a member borrowed.
of said association or a maturing series of stock : Provided fur- proviso: limit of
ther, the total amount of money so borrowed shall at no time ex- amount.
ceed twenty per centum' of the amount then actually paid into said
association as subscription or dues on installment shares."
Sec. 2. That all laws and clauses of laws in conflict with this act
are hereby repealed.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 899.
AN ACT TO AMEND CHAPTER 6U, VOLUME 1, REVISAL OF
1905, RELATIN.G TO THE BOARD OF PUBLIC CHARI-
TIES.
The General Assembly of North Carolina do enact:
Section 1. That section two thousand eight hundred and seven proviso: payment
(2807) of the Revisal of one thousand nine hundred and five be of expenses while
- ,. . , malving mspec-
and the same is hereby amended by adding at the end of said sec- tions.
tion the following : "Provided, that the actual expenses of the
members of said board or the secretary or such other official as
hereafter may be appointed by said board, incurred while makuig
such inspections of the charitable and penal institutions as the
board may deem necessary, shall bo paid."
Sec. 2. All laws or clau.ses of laws in conflict with this act are
hereby repealed.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 9th day of March. A. D. 1909.
1308 1909— Chapter 900—901.
CHAPTER 900.
AN ACT TO AMEND CHAPTER 368, PUBLIC LAWS OF 1007.
ENTITLED "AN ACT TO PREVENT THE MANUFACTURE
OR SALE OF ADULTERATED, MISBRANDED, POISONOUS
OR DELETERIOI'S FOODS, DRUGS, MEDICINES OR
LIQUORS."
TJie General Assembly of North Carolina do enact:
Section 1. That chapter three hundred and sixty-eight. Public
Laws of one thousand nine hundred and seven, be and the same is
Bleaching. hereby amended as follows: After the word "colored" and before
the word "powdered," in line one. subsection four, section six, in-
• sert the word "bleached."
Power of commis- Sec. 2. At the end of section six insert the following : "Eighth,
sioner to suspend ^ r,
action By consent of the board, the Commissioner of Agriculture may,
when he deems it advisable and to the best interest of the public,
suspend the action of any provision of subsection five, section six
of said act, relating to the use of chemical preservatives and coal-
tar dyes in food, when the provision of said section is not in har-
mony with the provisions of the National Food Law or rulings
thereunder.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the nth day of March, A. D. 1909.
CHAPTER 901.
AN ACT TO ALLOW FOREIGN EXECUTORS IN CERTAIN
CASES TO CONVEY LAND IN THIS STATE WITHOUT GIV-
ING BOND.
The General Assembly of North Carolina do enact:
Power to sell and Section 1. That whenever a last will and testament heretofore
convey when will ,,„--. ^ -, , ■j_. ,.^^.. ,,
devises land to *^i hereafter executed by any citizen or subject of a foreign state
power of safe ^'^^^ *^^' ^^^^^^try outside of the United States is duly executed according
to the laws of the State of North Carolina and is sufficient in form
and substance to devise and transfer the title to real estate located
in the State of North Carolina, and such last will and testament
devises lands or interest in lands in this State to the executor or
executors named in such will, in trust, for the use of any person
or persons named in such will, and confers full power upon such
executor or executors, as trustees, to sell and convey real estate
situated in this State, such executor or executors, who are also
named as trustees in such will, shall have full power and ajiithor-
ity to sell and convey the lands so devised to them as trustees.
1909— Chapter 901—902. 1309
without giving bond in this State: Provided, that said will is Proviso: form and
sutlicient in fofm and substance to devise and convey real estate substance of will.
in this State ; and Provided further, that said will shall be proved Proviso: will
according to the laws of the State of North Carolina and duly recorded '^"^
recorded in the office of the clerk of the Superior Court of the
county in which the land is situated.
Sec. 2. Nothing in this act shall be so construed as to prevent Rights of
any creditor or creditors in this State holding any claims and creditors.
demands against the real estate of such deceased testator or
testatrix from enforcing any demand or judgment or other lieu
against the lands of such testator or testatrix.
Sec. 3. That all laws in conflict with the provisions of this act
are hereby repealed.
Sec 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the fith day of March, A. D. l!.'On.
CHAPTER 902.
AN ACT TO AMEND CHAPTER 191 OF THE PUBLIC LAWS
OF 1007, IT BEING "AN ACT TO PROVIDE FOR THE CARE
OF THE MENTAL DEFECTIVES OF THE STATE."
The General Asseiiibl}/ of Xorth Carolina do enact:
Section 1. That upon the sale of the bonds to be sold by the Amounts avail-
State Treasurer in pursuance of an act of the present session of comm?ss^ion^''^^
the General Assembly entitled "An act to issue bonds to carry out
the act of one thousand nine hundred and seven, to provide for
the care of the in.sane of the State," all that portion of the amount
appropriated by said act of one thousand nine hundred and seven
and not yet expended by the State Hospital Commission and real-
ized from the sale of the said bonds shall be immediately available
to said hospital commission, to be used by it for the purposes set
forth in said act : Provided, however, that this shall not embrace Proviso: amount
the thirty-one thousand dollars ($31,000) which has been set aside ^leficft.'^^ ^°^
by the present General Assembly to take care of maintenance
deficit at the hospitals at Morgauton and Goldsboro, but that sum
is to be used for the purpose set out in the act providing for the
issuance of five hundred thousand dollars (.$500,000) in bonds,
ratified at the present session of the Legislature.
Sec. 2. That all laws and clauses of laws in conflict with the
provisions of this act are hereby repealed.
Sec. 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March, A. D. 1000.
1310
1909 — CiiAPTEK 903 — 904.
CHAPTER 903.
AN ACT TO ENLARGE THE STATE HOSPITAL FOR THE
DANGEROUS INSANE.
The General Assembly of North Carolina do enact:
Section 1. That five thousand doHars be and the same is hereby
appropriated to the State Hospital for the Dangerous Insane out
of the funds of the State Hospital Commission, to be used for the
purpose of providing additional quarters for the dangerous insane.
Sec. 2. That this amount, or so much of it as may be necessary,
shall be expended under the direction of the board of prison direc-
tors for the purpose above mentioned and none other.
Sec. 3. It shall be the duty of the auditor, upon ratification of
this act, to issue his vparrant in the sum of five thousand dollars ;
Duty of treasurer, and the treasurer shall place this amount to the credit of the
State's Prison and deduct said amount from the funds of the State
Hospital Commission, to be drawn out in the manner prescribed
by law for the drawing out of other funds to the credit of the
State's Prison and used for the purpose of enlarging the quarters
now set aside in the State's Prison for the dangerous insane.
Sec. 4. All laws and clauses of laws in conflict with this act are
hereby repealed.
Sec. 5. This act shall be in full force and effect from and after
its ratification.
Ratified this the 9th day of March, A. D. 1909.
Appropriation.
Expenditure of
appropriation.
Dutj' of auditor.
CHAPTER 904.
AN ACT FOR THE BETTER PROTECTION OF SCHOOLS IN
CUMBERLAND COUNTY.
The General Assembly of North Carolina do enact:
Section 1. If any person shall conceal, secrete or place himself
behind or about any closet or privy of any school used by the
pupils for the purpose of peeping or spying upon or listening to
the conversation of any person or persons in such closet or privy,
he shall be guilty of a misdemeanor and be fined or imprisoned, or
both, in the discretion of the court.
Application of act. Sec. 2. This act shall be in force from and after its ratification
and shall apply to the county of Cumberland only.
Ratified this the 9th day of March, A. D. 1909.
Acts declared
misdemeanor.
Punisliment.
1900— Chapter 905—906. 1311
CHAPTER 905.
AX ACT TO AMEND SECTION 10 OF CHAPTER 276 OE^ THE
PT'BLIC LAWS OF 1907. IN REFERENCE TO COLLECTING
CERTAIN TAXES IN NORTHAMPTON COUNTY.
The General Assembly of Xorth Carolina do enact:
Section 1. That section teu of chapter two hnudred aud seventy-
six of the Public Laws of one thousand nine hundred aud seven be
and the same is hereby amended by adding at the end thereof the
following words: ''Provided Itoivever, that the collection of the Proviso: collection
^ ,, , , , of certain taxes
railroad and express company and Pullman-car company and tele- may be committed
graph and telephone company taxes may be committed to the *'" ^^i^riff.
sheriff of the respective county, in which event said sheriff shall Commission
■^ , allowed shentT.
only receive two and one-half per cent commission on such
amounts collected, and shall give bond in an amount not less than Bond of sherift.
the aggregate sum of said taxes, conditioned as required by law,
for the faithful collection and accounting for same" : Provided, Proviso: not to
^ apply to Hertford
this amendment shall not apply to Hertford County. county.
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March. A. D. 1909.
CHAPTER 906.
AN ACT SUPPLEMENTARY TO AN ACT PASSED BY THE
PRESENT GENERAL ASSEMBLY ENTITLED "AN ACT TO
AMEND CHAPTER 948 OF THE LAWS OF 1907, RELATIVE
TO FISH" (H. B. 1513, S. B. 1397).
The General Assembly of North Carolina do enact:
Section 1. That section two of House bill one thousand five hun-
dred and thirteen. Senate bill one thousand three hundred and
ninety-seven, entitled "An act to amend chapter nine hundred aud
forty-eight of the laws of one thousand nine hundred and seven,
relative to fish." be and the same is hereby amended so that sec-
tion two of said act shall read as follows :
"Sec. 2. That it shall be unlawful for any person to buy, sell. Size of fi.sh
offer for sale or to have in his possession any bluefish, trout or '^^^ ^
drum under eight inches in length, or any nmllet under six inches
in length, or any croakers, spots and hogfish under five inches in
length, or sea mullet, flounders, mackerel and hickory shad less
than eight inches long, or butterfish and steerfish less than four
and one-half inches long, at any time during the year."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March. A. D. 1909.
1312
1909— Chapter 907—908.
CHAPTER 907.
AN ACT TO AMEND CHAPTEK 2S OF THE REVISAL OF
1905, SECTION 1506. RELATIVE TO THE TRIAL OF CIVIL
CASES.
Court for John-
ston county.
The General AssemhJii of North Carolina do enact:
Section 1. That chapter twenty-eight of the Revisal of one thou-
sand nine hundred and five, section one thousand five hundred and
six, be and the same is amended as follows : That after the word
"weeks," in line three, page four hundred and forty-nine of the
Revisal, insert the following : "the tenth Monday after the first
Monday in March, one week, for the trial of civil cases only."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the nth day of ]\Iarch, A. D. inOO.
CHAPTER 908.
AN ACT TO PREVENT THE SALE OF "NEAR BEER." "STAR
BEER," "BULL HEAD" AND OTHER INTOXICANTS
WITHIN A RADIUS OF ONE AND ONE-HALF MILES OF
THE METHODIST CHIRCII IN THE TOWN OF BAILEY'S,
NASH COL'NTY.
Prohibition.
Punishment.
Proviso: drug
stores excepted.
The General Assevihlij of North Carolina do enact:
Section 1. That it shall be unlawful for any person or persons
to sell or offer for sale within a radius of one and one-half miles
of the Methodist church in the town of Bailey's, Nash County,
"near beer," "star beer." "bull head," wine or intoxicating liquors
of any kind.
Sec. 2. Any person violating section one of this act shall be fined
for each and every offense fifty dollars or imprisoned in the
county jail for thirty days : Provided, that this act shall not apply
to drug stores where intoxicating liquors are sold upon prescrip-
tion by a practicing physician.
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 ratifica-
tion.
Ratified this the nth day of March. A. D. 1000.
1909— Chapter 909—910. 1313
CHAPTER 909.
AN ACT TO PREVENT PERSONS HUNTING UPON THE
LANDS OF ANOTHER IN GROVE TOWNSHIP AND AV-
ERYSBORO TOWNSHIP, IN HARNETT COUNTY, WITH-
OUT WRITTEN PERMISSION.
The General Assembly of Xorfh Carolina do enact:
Sectiox 1 That it shall be unlawful for auy person or persons Hunting without
tjr.y.xx'j^y j.. j- , . i . permission uiilaw-
to hunt upon the lands of another in Grove Township and Averys- f^i
boro Township, in Harnett County, with dogs or gun, net or trap,
without the written consent of the owner of said lands or his
agent, tenants, lessees or some person having lawful right to hunt
thereon. Any person or persons violating the provisions of this act Misdemeanor.
shall be guilty of a misdemeanor, aud upon conviction shall be Punishment.
fined not more than fifty dollars nor less than five dollars for each
offense.
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 this the 0th day of March, A. D. 1909.
CHAPTER 910.
AN ACT TO REQUIRE ALL WHITE EPILEPTICS OF THE
STATE TO BE ACCOMMODATED. MAINTAINED, CARED
FOR AND TREATED AT THE STATE HOSPITAL AT
RALEIGH.
The General Assembly of Xorth Carolina do enact:
Section 1. That whenever it becomes necessary for any white Care ami treat-
,_ 1116111 OI fplleptlCb.
person of this State afflicted with the disease known as epilepsy
to be confined or to receive hospital treatment, such person shall
be accommodated, maintained, cared for and treated at the State
Hospital at Raleigh. Said epileptics shall be committed by ^^^ CommiUals^by.^^
clerks of the Superior Courts of the several counties to said State courts.
Hospital at Raleigh in the manner now provided by law for the
commitment of insane persons to the several hospitals for the
insane, and when such person shall be committed it shall bo the Heception in hcs-
duty of the superintendent of the State Hospital at Raleigh and he ^'^^^ ^"■""^^ •
is required to receive such person and care for, maintain and treat
him or her at said hospital at Raleigh : Provided, said superintend- f^o;;|fo;^ ^''*'""* °^
ent shall find such person to be afflicted to such extent as to prop-
Pul).— 83
1314
1909— Chapter 910—911—912.
Proviso: charges erly be a public charge ; aucl Provided further, than any person so
on^persons able to eonimitted who is able to pay shall be charged actual cost of
maintenance.
Sec. 2. That all epileptics now being confined, cared for and
maintained at the State Hospital at Morgauton shall be trans-
ferred from said State Hospital at Morganton to the State Hos-
pital at Raleigh.
Sec. 3. That all laws and clauses of laws in conflict with any
of the provisions of this act are hereby repealed.
Sec 4. That this act shall be in force from and after the comple-
tion of the buildings now being erected at the State Hospital at
Raleigh by the State Hospital Commission for the care and main-
tenance of white epileptics.
Ratified this the Oth day of March. A. D. 1909.
Transfers from
hospital at Mor
ganton.
When act
effective.
Proviso: mini-
mum capital
stock.
CHAPTER 911.
AN ACT TO AMEND SECTIONS 224 AND 239 OF CHAPTER 7
OF THE REVISAL OF 1905.
The General Asseinhly of North Carolina do enact:
Section 1. That section two hundred and twenty-four of chapter
seven, Revisal of one thousand nine hundred and five, be and the
same is hereby amended by adding thereto : ''Provided, that no
bank shall be authorized to commence business with less than
paid-in capital stock of five thousand dollars ($5,000)."
Sec. 2. This act shall take effect from and after ratification.
Ratified this the Oth day of March, A. D. 1909.
Close season.
Misdemeanor.
Punishment.
Application of act.
CHAPTER 912.
AN ACT REGULATING THE HUNTING OF FOXES IN
WAYNE COUNTY.
The General Assembly of North Carolina do enact:
Section 1. That it shall be unlawful for any person to hunt
foxes with gun or dogs or trap or carry out of the State any fox
between the first day of March and the first day of September of
each and every year.
Sec. 2. That any person violating this act shall be guilty of a
misdemeanor, and upon conviction shall be fined not less than five
dollars nor more than fifty dollars or imprisoned not more than
thirty days.
Sec. 3. That this act shall apply only to Wayne County.
Sec 4. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March, A. D. 1909.
1909 — Chapter 913. 1315
CHAPTER 913.
AX ACT TO FIX SALARIES FOR THE OFFICERS OF CRA-
VEX COUNTY AND TO CREATE THE OFFICE OF AT'DI-
TOR OF CRAVEN COUNTY.
The General AsseinWij of Xorth Carolina do enact:
Section 1. That the Sheriff. Clerk of the Superior Court and Officers to collect
Register of Deeds of Craven County and their respective deputies ang"^ account for
shall collect and receive and account for all the fees to which they
are entitled by virtue of their respective offices, and pay the same Monthly settle-
rnGnts
on the first of every calendar month into the treasury of Craven
County ; and they shall be responsible for and chargeable with all
moneys of every kind which are to be or by law should be paid
into their respective offices, and shall be held to strict account
therefor ; and the moneys so paid in shall be kept by the treasurer Salary fund.
of said county in a separate fund, to be known as the salary fund.
Sec. 2. That the said officers shall faithfully collect all fees, com- Officers to collect
missions, profits and emoluments of all kinds now belonging or profits^an™'^^'""^*'
appertaining to or which may hereafter by any law belong or emoluments.
appertain to their respective offices ; and they shall receive as com- Compensation,
pensatiou for their services only such salaries, commissions and
compensation as is hei'einafter provided ; and for any abstraction, Abstraction, con-
concealment or misapplication of any of the moneys payable into application^feloriy.
their respective offices or which any of them have collected, any
one of them so abstracting, concealing or misapplying the same
shall be guilty of a feloijy, and upon conviction shall forfeit their Forfeiture of
said office or offices and be punished as is now provided by law in punfshraent as
ca.ses of embezzlement by public officers. for embezzlement.
Sec. 3. That each and all of said officers shall open and Iceep a Books to be kept
separate set of account books, consisting of a daily journal and a ^ ° ^^^^'
ledger, in which shall be promptly, correctly, truly and accurately
entered itemized accounts of all moneys collected or receivable by
said officers or which by law are or may be payable into their
respective offices, and all of said books shall at all times be open Books ppen for
to the inspection of the public upon demand, and said books shall safe-keeping.
be safely and securely kept, so as to prevent loss or destruction by
theft, fire or any accident.
Sec. 4. That on the first Monday of each and every calendar Monthly tran-
month a true and accurate transcript shall be transmitted by each ^^"P'-s-
of the officers of Craven County to the board of commissioners of
said county, said transcript to contain and show in detail all of
the entries made upon said books during the preceding calendar
month, which shall be sworn to and duly verified by the officer
whose duty it is to make said entries and keep the book of ac-
counts pertaining to his respective office.
1316
1909— Chapter 913.
Manner of keeping
books.
Salary of sheriff.
Jailer.
Appointment of
deputies.
Fees, mileage and
allowances from
State.
Expenses.
Salary of clerk of
superior court.
Salary of register
of deeds.
Salary of treas-
urer.
Salary of chair-
man of commis-
sioners.
Pay of other
commissioners.
Appointment of
auditor.
Duties of auditor.
Sec. o. The said books shall be open and kept in a manner to
be prescribed and authorized by the Board of Commissioners of
Craven County, who shall have constant supervision of the same.
Sec. 6. That the Sheriff of Craven County shall receive a salary
of three thousand seven hundred dollars per ammm as full com-
pensation for his services and the services of such assistants.
dei)uties and clerks as he may appoint, except he shall appoint
a jailer, who shall receive such salary as may be fixed by the board
of commissioners of said county, which said salary shall be paid
by the county ; all of whom shall truly, faithfully and diligently
perform the duties of said otfice as provided by law. The said
sheriff! may appoint such deputies for any of the townships in
said county as he may deem necessary for the public good. Said
sheriff and said deputies shall account for and pay over to the
treasurer of said county all fees, commissions, profits and emolu-
ments which may come into their hands by virtue of their offices,
as required by section one of this act. Said sheriff shall also
pay over to the said treasurer all fees, mileage and other allow-
ances paid to him by the State of North Carolina or by State in-
stitutions for taking prisoners to the State's Prison or insane per-
sons to the State Hospital, deducting fnma the amounts ])aid to
him the actual necessary expenses thereof.
Sec. 7. That the Clerk of the Superior Court of Craven County
shall receive a salary of three thousand dollars per annum as
full compensation for his services and the services of assistants,
deputies and clerks, and he shall be allowed nothing in addition
thereto for performing the duties of his office.
Sec. S. That the Register of Deeds of Craven County shall re-
ceive a salary of three thousand dollars per annum as full com-
pensation for his services and the services of assistants, deputies
and clerks, and he shall be allowed nothing in addition thereto
for performing the duties of his office.
Sec 0. That the Treasurer of Craven County shall receive a
salary of one thousand two hundred dollars per annum for per-
forming his duties as Treasurer of Craven County and as treas-
urer of the Craven County school fund, and such other duties as
may be required of him by law. in lieu of all other compensation
whatsoever.
Sec. 10. That the chairman of the Board of Commissioners of
Craven County shall receive a salary of six hundred dollars i)er
annum, and that the other members of said board shall receive
the sum of four dollars per day and the usual mileage while at-
tending meetings of said board.
Sec. 11. That the board of commissioners of said county, at the
meeting to be held on the first Monday in December, one thou-
sand nine hundred and ten. and annually thereafter, may appoint
some suitable person to audit and approve monthly the reports
1909— Chaptek 913. 1^^"
of said fees, commissious. profits and emoluments ^^^^ ^^^
county officers, and it shall be his duty to act as ^^^^^ant fox
he c;unty in settling with the county treasurer --^ ^^^J^
supervise, scrutinize and examine at least once m eveij oalendai
m^th all books, accounts, receipts and vouchers and other x-ecord>
of all of the officers of Craven County which show fees and com-
missions collected and received by them; to examine at least once
each vear the dockets of all justices of the peace ot said coun j ,
eatu jeai I UK- XX . . ^.^ T.i„-,ini<tPr oaths on verification Power to adminis-
and he is hereby authorized to adminibtei oatus on v« ter oaths.
of claims which may be filed against the county, and o open a Recount books,
set of account books, in which shall be shown the total month
receipts of fees and commissions of all of the ofiicers ot said
county in an expert and intelligent manner, assigning distinct and
sepa a e accounts for each and every of said ofiicers. which boolcs
shatl be permanently kept as the records of his oflice and alwa>.
open to public inspection. He shall likewise visit at least once
in every calendar month the county .iail and examine the same.
also thibooks and accounts kept by the jailer. /^ «b^>'; ';^---
be his duty to audit all bills and claims presented to the boaid
of commissioners of said county for payment, which «aid bills and
claims shall first be verified on oath by the persons to whom
'""sKc'^^That it shall be the duty of the Auditor of Craven Further^e^numera-
Countv to perform all things required of him by the board of com-
missioners of said county, and to make out, ^^ transcribmg from
the original sheets delivered to him by the register -^ ^^eds. aftei
said Sheets have been properly computed by the -gis er o^ de ds
two copies of the tax lists of each township and delnei the same
Jo the Sheriff of Craven County, and to perform all ot the duties
re<iuired of the register of deeds pertaining to making out and
delivering said copies of tax books, except the receiving of the
orlXai^ix Sheets' and computing the same, which shall be done
bv^the register of deeds, as heretofore provided by law as a part
of the duties of registers of deeds. That before -f--f^^-\}^^
copies of the tax books, as herein provided, the said auditor shall
m-ove the computations made on the original tax sheets by tbe
gLter of deek The said auditor may, at the discreticni of the Ass.stants.
board of county conunissioners. l,e allowe<l assistants, not exceed-
ing two in number, in transcribing and making the sa,d two copies
of the tax books as aforesaid; said assistants to be allowed reason-
able eompensation for their work by said board, to be paid by
said eountv. The said auditor shall investigate and mquue for
all deliiKiuent taxpayers, and rcpiire all delin.iuent V^'-^^fy^^
polls to be placed upon the tax list, and keep an account^ ot al the
ransfers of property in the county and the names of the paitis
transferring the same, as shown by the public records m the olhce
of the register of deeds of said county.
1318
1909— Chapter 913.
Pay of auditor.
Auditor.
Payment of
salaries.
Expense of jail.
Officers to per-
form duties.
Liability for
failure.
Separate funds.
Separate
accounts
Failure to collect
fees a misde-
meanor.
Fees collected in
advance.
Sec. 13. That the board of commissiouers of said county are
authorized to pay such compensation, not to exceed the sum of
one hundred dollars per month, to the person auditing said ac-
counts and performing the duties of said auditor, as in their
judgment shall be right and proper; that said auditor shall exe-
cute a good and sufficient bond, to be approved by the board of
commissioners of said county, in the sum of five thousand dollars,
payable to the State of North Carolina, conditioned that he shall
diligently, truly and faithfully perform all of the duties of his
office and that he shall be responsible for any penalties or ;iny
moneys of other kinds which may be recovered against him for
any negligence, default, malfeasance or misconduct in office.
Sec 14. That all of the salaries herein provided for shall be paid
by the Treasurer of Craven County to the persons entitled to re-
ceive the same, in monthly installments, upon warrants drawn by
the board of commissioners of said county and countersigned ijy
the chairman and secretary of said board ; and the actual expenses
of maintaining the public jail of said county shall be paid by the
treasurer of said county upon warrants authorized by the board of
commissioners of said county and countersigned by the chairman
and secretary of said board.
Sec. 15. That the officers hereinbefore mentioned shall faithfully
and truly perform all of the duties of their several offices which
are now or may hereafter be imposed upon them by law, and shall
receive no other compensation or allowance of any kind whatsoever
for any extra or additional service rendered to the county or State
or other governmental agencies, and they shall be liable to all the
pains and penalties now or hereafter provided for failure to per-
form the duties of their several offices.
Sec 16. That all moneys coming into the hands of the Treasurer
of Craven County by virtue of this act shall be held by him as a
separate and distinct fund for the benefit of the county of Craven,
to be used by the said board of commissioners of said county as
other county funds. The said treasurer shall open a separate ac-
count with each of the several officers of said county, showing the
amounts received from each and the amount paid as salaries to
each, which said accounts shall be at all times open to the public
for their inspection.
Sec 17. Any officer, clei'k or assistant herein mentioned who
shall fail or refuse to collect any fee, commission or emoluments
of any kind belonging to his office shall be guilty of a misde-
meanor ; and all fees, commissions or emoluments shall be de-
manded and collected in advance, unless otherwise provided by
law.
Sec. 18. That all laws and clauses of laws in conflict with this
act are hereby repealed.
1909— Chaptek 913—914. 1319
SEC. 19. That before this act shall become operative the same ...t^subnuUed to
shall be submitted to a vote of the people of Craven County at the
re-ular -eneral election to be held on the first Tuesday in Novem- Date of election,
ber one thousand nine hundred and ten, at which election those Ballots,
favoring this act shall vote a ballot, written or printed, which shall
read as follows: "For the Salaries Acf ; and those who oppose
the ratification of this act shall vote a ballot on which f ^^" j;.^ ^ ^^ ^^^^,^
written or printed "Against Salaries Act." If a majority of vo ei Effect result.
vote "For Salaries Act" at said election, then the said act shall
become operative and in full force and effect, and all the provisions-
of this act and the duties devolving upon the Board of Commis-
sioners of Craven County under said provisions shall be performed
by said board at its meeting on the first Monday in December, one
thousand nine hundred and ten.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 914.
AX \CT SUPPLEMENTAL TO AN ACT RATIFIED ON THE
SECOND DAY OF MARCH, 1909. AND ENTITLED "AN ACT
TO PROVIDE FOR THE WORKING OF THE PUBLIC ROADS
OF ROBESON COUNTY AND TO LEVY A TAX FOR THE
SAME."
7'he General AssemWy of IS'orth Carolina do enact:
Section 1. That section one of an act ratified on the second day
of March, one thousand nine hundred and nine, entitled "An act
to provide for the working of the public roads of Robeson County
and to lew a tax for the same." be and the same is hereby stricken
out and the following substituted therefor: "That the Board of Election of road
Commissioners of Robeson County shall, on the first Monday in
April, one thousand nine hundred and nine, and semiannually
thereafter, elect, upon the recommendation of the members of the
General Assembly from Robeson County, a board of road trustees
for each township in the county, which shall be composed of three
citizens, residents and taxpayers of the townships, and they '"ii-e Trustees incor-
hereby incorporated, and the board of road trustees of such town- corporate name,
ships shall be their corporate name. Said board may sue and be Corporate powers
sued adopt a common seal and do any and all things which may
be necessary for the accomplishment of the things designated for
said board to do under the provisions of this act, and may pur-
chase and hold property which may be necessary for the exercise
of its powers."
Sec. 2. That this act shall be in force from and after its ratifi-
cation.
Ratified this the 9th day of March, A. D. 1909.
1320
1909— Chapter 915—916.
CHAPTER 915.
AN ACT TO PROMOTE AND STIMULATE THE CONSTRUC-
TION OF IMPROVED ROADS IN NORTH CAROLINA.
Appropriation.
Object and pur-
pose of appro-
priation.
Inquiries as to
road building.
Investigations and
experiments.
Bulletins and
reports.
Information and
statistics.
The General Assembly of North Carolina do enact:
Section 1. That the sum of five thousand dollars annually is
herebj^ appropriated, out of any moneys in the treasury not other-
wise appropriated, for the purpose of carrying out the provisions
of this act, as hereinafter stated, the same to be dra\Yn upon as
directed by the geological board.
Sec. 2. The object and purpose of this appropriation shall be to
enable the North Carolina Geological Board to advise with the
township and county authorities in the building and improvement
of the public I'oads, by sending to the township or county a compe-
tent road engineer, who will assist them in locating their improved
roads, advise them as to the best road to build and how to build
it, and also give advice relating to the best kind of bridge to be
built in connection with the improvement of any road. The geo-
logical board, through the State Geologist, may make inquiries in
regard to systems of road building and management throughout
the United States, and make investigations and experiments in re-
gard to the best methods of road making and the best kinds of
road material, and shall disseminate such knowledge by lectui'es
to be given in the different counties, and by preparing, publishing
and distributing bulletins and reports on the subject of road im-
provement, and shall also gather and tabulate information and
statistics on road building in North Carolina and disseminate the
same throughout the State.
Sec. 3. This act shall be in force from and after its ratification.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 916.
AN ACT TO AMEND CHAPTER 210 OF THE PUBLIC LAWS
OF 1905, RELATIVE TO THE ELECTION OF THE HIGH-
WAY COMMISSION OF VALLEYTOWN TOWNSHIP, IN
CHEROKEE COUNTY.
Date of election.
The General Assemhly of North Carolina do enact:
Section 1. That chapter two hundred and ten. Public Laws of
one thousand nine hundred and five, be and the same is hereby
amended by striking out section one and inserting in lieu thereof
the following : "That the county commissioners of Cherokee
1909— Chapter 91G— 917. 1321
County stiall, not later -than the first Monday in September, one
thousand nine hundred and nine, order an election to elect by the
((ualified voters of Valleytown Township three persons, who shall Highway commis-
^- .,,',, ,., ,- .. .. ..,, sion incorporated.
be incorporated and styled the highway Commission ot said town-
ship, under the same rules and regulations as is now or may here- Law governing
after be prescribed for the election of members of the General election.
Assembly, who shall hold their offlce until the first Monday in De- Term of office,
cember, one thousand nine hundred and ten, or until their suc-
cessors shall be elected and qualified."
Sec. 2. That there shall be elected at the general election held Election of suc-
for members of the General Assembly of North Carolina, in the '^^^^°^^-
year one thousand nine hundred and ten, and every two years
thereafter, three persons, who shall be styled the highway com-
mission of said Valleytown Township.
Sec o. That this act shall apply only to that portion of Valley- Application of act.
town Township that is now under the control of the highway com-
mission.
Sec. 4. That all laws and clauses of laws in conflict with this
act are hereby repealed.
Sec. .">. That this act shall be in force from and after its ratifi-
cation.
Katitied this the 9th day of March, A. D. 1909.
CHAPTER 917.
AX ACT TO AMEND SECTION ISO OF THE RE VI SAL OF 1905.
7'lic General Assembly of North Carolina do enact:
Sectiox ]. That section one hundred and eighty of the Revisal parent abandon-
of one thousand nine hundred and five of North Carolina be and forfe/t"custodv
the same is hereby amended by striking out, in line two of said
section one hundred and eighty, the word "surviving" and the
word "orphan," in said line two, and the word "orphan," in line
four of said section one hundred and eighty, and inserting after
the word "parent" and before the word "of," in line two of said
section, the words "or parents," and inserting in line four of said
section, after the word "parent" and liefore the word "shall," the
words "or parents."
Sec. 2. All laws and clauses of laws in conflict with this act are
herel)y repealed.
Sec. 3. This act shall be* in force from and after its ratification.
Ratified this the 0th day of March. A. D. 1009.
1322
1909— Chapter 918.
CHAPTER 918.-
AN ACT TO AMEND THE LAW RELATING TO ASSIGNMENTS
FOR THE BENEFIT OF CREDITORS.
All debts to
become due.
Preferences
forbidden.
Trustee to recover
property trans-
ferred in prefer-
ence.
Preference
defined.
Proviso: removal
of trustee.
Verbal amend-
ment.
The General Assembly of North Carolina do enact:
Section 1. That section nine hundred and sixty-seven of the Re-
visal of one thousand nine hundred and five be and the same is
hereby repealed, and the following section shall be substituted
therefor :
"967. DeMs mature on execution of; no preferences allowed. —
Upon the execution of any A-oluntary deed of trust or deed of
assignment for the benefit of ci'editors, all debts of the maker
thereof shall become due and payable at once, and no such deed of
trust or deed of assignment shall contain any preferences of one
creditor over another, except as hereinafter stated."
Sec. 2. That section nine hundred and sixty-eight of the Revisal
of one thousand nine hundred and five be amended by adding to
the end of said section the following: "And it shall be the duty
of said trustee to recover, for the benefit of the estate, property
which may have been conveyed by the grantor or assignor in fraud
of his creditors, or which may have been conveyed or transferred
by the grantor or assignor for the purpose of giving a preference.
A preference, under this section, shall be deemed to have been
given when propei'ty has been transferred or conveyed within four
months next preceding the registration of the deed of trust or deed
of assignment in consideration of the payment of a pre-existing
debt, when the grantee or transferee of such property knew or has
reasonable ground to believe that the grantor or assignor was insol-
vent at the time of making such conveyance or transfer."
Sec. .3. That section nine hundred and sixty-nine of the Revisal
of one thousand nine hundred and five be amended by adding to
the end thereof the following : "Provided, that upon the written
petition of one-fourth of the number of the creditors of the grantor
or assignor whose claims aggregate more than fifty per cent of the
total indebtedness of the said grantor or assignor, the clei'k of the
Superior Court of the county in which said deed of trust or deed
of assignment is registered, upon a notice of not more than ten
days to said trustee of said petition, shall remove said trustee and
appoint some competent person to execute the provisions of such
deed of trust or deed of assignment."
Sec 4. That section nine hundred and seventy of the Revisal of
one thousand nine hundred and five shall be amended by striking
out the words "such insolvent," in the second line of said section
nine hundred and seventy, and by adding in lieu thereof the word
"any."
Sec 5. That section nine hundred and seventy-two of the Re-
visal of one thousand nine hundred and five shall be amended by
1909— Chapter 918—919. 1323
acldiug to the end thereof the following : "The trustee, after pay- Priority of
ing the necessary costs of the administration of the trust, shall pay P^J '"*^"t''-
as speedily as possible (1) all debts which are a lien upon any
of the trust property in his hands, to the extent of the net proceeds
of the property upon which such debt is a lien; (2) wages due to
workmen, clerks, traveling or city salesmen or servants which
have been earned within three mouths before registration of said
deed of trust or deed of assignment, and (3) all other debts equally
ratable."'
Sec. 6. All laws and clauses of laws in conflict with this act are
hereby repealed.
Sec. 7. This act shall be in force from and after the first day of When act
effective.
July, one thousand nine hundred and mne
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 919.
AX ACT TO AMEND AN ACT OF THE GENERAL ASSEMBLY,
SESSION 1909, ENTITLED "AN ACT TO PRESERVE THE
INTEGRITY OF THE BALLOT AND PREVENT ELECTION
FRAUDS IN NEW HANOVER COUNTY."
Whereas the act mentioned in the title of this bill has been duly Preamble.
passed by the General Assembly, after having had section nine
thereof stricken out ; and whereas said section nine was stricken Preamble.
out for the reason that it was the sense of the Senate that the
penalty provided therein should have been a misdemeanor and not
a felony ; and whereas it was the intention of the Senate to make Preamble.
the penalty for a violation of the duties prescribed for election
offir-ers under said bill a misdemeanor, and the whole of said sec-
tion nine was by inadvertence to the exceptions provided in sec-
tion ten of said bill stricken out; and whereas the said bill pro- Preamble.
vides for the county of New Hanover that form of ballot commonly
known as the Australian ballot, of which secrecy is the most essen-
tial requirement, and said section nine of said bill was the only
section in said bill which provided that election officers and those
responsible for the administx-ation of the election laws in said
county should preserve the secrecy of the ballot and not give infor-
mation as to how electors voted ; and whereas the elimination of Preamble.
said section nine from said bill would defeat the object of said
act : now, therefore.
The General AssemhJy of Islortli Carolina do enact:
Section 1. That said bill be amended by adding in lieu of said
section nine stricken out of said bill, as aforesaid, the following
words :
1324
1909— Chapter 919—920.
Divulging vote a
misdemeanor.
Punishment.
••Sec. 0. That if any registrar, poll holder, judge of election or
any other person in any way connected with the conduct of any
election or primary election, or with the administration of any
law governing such election or primary election held in said
county or city under the provisions of this act, learn or remember
and tell or in any way make known for what candidate or candi-
dates or set of candidates any voter or elector voted or cast his
ballot, such person shall be guilty of a misdemeanor and, upon
conviction, fined not less than fifty dollars nor more than one
thousand dollars, or imprisoned in the common jail of the county
for not less than thirty days nor more than one year, or both fined
and imprisoned, in the discretion of the court."
Sec. 2. That this act sh;Tll be in force from and after it.s ratifi-
cation.
Ratified this the 9th day of March, A. D. 1900.
CHAPTER 920.
AN ACT TO REGULATE THE APPROVAL AND SAFE-KEEP-
ING OF SECURITIES DEPOSITED UNDER SECTION 4780
OF THE REYISAL OF 1905.
Deposits.
.Approval of
securities.
Committee of
approval.
Record of
approved
securities.
Endor.'^ement of
record.
Method of keeping
record.
Withdrawal and
substitution.
The General Assembly of North Carolina do enact:
Section 1. That section four thousand seven hundred and eighty
of the Revisal be amended by striking out, in lines four and five
thereof, the words "now required and authorized by law for the
investment of life insurance funds," and inserting in lieu of same
the words "described in section four thousand seven hundred and
thirty-one of the Revisal."
Sec. 2. That said section of the Revisal be further amended by
adding at the end thereof the following : "All securities offered
to the Insurance Commissioner for deposit under this section shall,
before acceptance by him, be approved by a committee, composed
of the said commissioner, the State Treasurer and the Attorney-
General : and, when of the character prescribed by law and ap-
proved by a majority of said committee, shall be by the Insurance
Commissioner listed in a book of records kept in his department
for that purpose. The said committee shall endorse on said rec-
ord, at the end of said list of such securities, its approval of the
securities named in said list. Said record shall contain a separate
list or account of the securities deposited by each insurance com-
pany, so kept as to show at all times the total value of all securities
on deposit for each company. No security shall be withdrawn or
substituted except upon the approval of said committee. All said
securities, after being approved and listed as aforesaid, shall be
1909— Chapter 920—921. 1325
deposited with the State Treasurer, who shall receipt to the In- Deposit for safe-
surance Commissioner for them. The said committee shall, twice R^eAae\v of
a year, in the months of June and December, review and assess securities.
the value of all securities on deposit under this section."
Sec. 3. That section four thousand seven hundred and eighty- Lawful deposits.
one of the Revisal of one thousand nine hundred and five be
amended by striking out, in lines four and five thereof, the words
"life insurance companies of this State are authorized by law
to invest in," and by inserting in lieu thereof the following words :
"described in section four thousand seven hundred and thirty-
one of the Revisal of one thousand nine hundred and five."
Sec. 4. That all laws in conflict with this act are hereby re-
pealed.
Sec. 5. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 0th day of March. A. D. 19WI.
CHAPTER 921.
AN ACT SUPPLEMENTAL TO AN ACT RATIFIED MARCH 2.
19(X). BEING "AN ACT TO PROVIDE FOR THE WORKING
OF THE PUBLIC ROADS OF ROBESON COI'NTY AND
TO LEVY A SPECIAL TAX FOR THE SAME."
The General AHSeinhly of XorHi Carolina do enact:
Section 1. That section one of an act ratified on the second
day of March, one thousand nine hundred and nine, entitled "An
act to provide for the working of the i)ublic roads of Robeson
County and to levy a tax for the same." be and the same is hereby
stricken out and the following substituted therefor :
"Section 1. That the Board of Commissioners of Robeson Election of road
County shall, on the first Monday in April, one thousand nine hun- trustees.
dred and nine, and semiamiually thereafter, elect, upon the recom-
mendation of the members of the General Assembly from Robe-
son County, a board of road trustees for each township in the
county, which shall be com])()sod of three citizens, residents and
taxpayers of the township, and they are hereby incorporate<l, and Trustees incor-
the board of road trustet^s of such townshiit shall be their corpo- corpol-ate name,
rate name. Said board may sue and be sued, adopt a common seal Corporate riglits.
and do any and all things which may be necessary for the ac-
complishment of the things designated for said board to do under
the provisions of this act. and may purchase and hold i)roperty
which may be necessary for the exercise of its powers."
Sec. 2. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March, A. D. 1909.
1326
1909— Cpiapter 922.
CHAPTER 922.
AX ACT TO AMEND CHAPTER 100 OF THE REVISAL OF
1905, RELATING TO DOMESTIC INSURANCE COMPANIES.
Establishment of
guaranty fund.
Amount.
Money, bonds or
otlier securities
may be received
as guaranty fund.
Certificates.
Liability of
guaranty fund.
Proviso: debts due
"stockholders and
general creditors.
Separate accounts
of guaranty fund.
Investments of
fund.
Proviso: deposit
with insurance
commissioner.
Payment for use
of guaranty fund.
The General Asseiiihh/ of Xorth Carolina do enact:
Section 1. That chapter one hundred of the Revisal of one thou-
sand nine hundred and five be amended by adding after section
four thousand seven hundred and thirty-seven («) the following:
"Any insurance company forme<I as provided in this subchapter,
or now existing by virtue of any of the laws of North Carolina,
may establish a guaranty fund of not less than twenty-five thou-
.saud dollars nor more than two hundred thousand dollars, in the
following manner : Any such insurance company may receive from
any person, firm or corporation money, bonds or other securities,
in such amount as may be agreed upon, for the purpose of provid-
ing a guaranty fund, to be used as hereinafter provided, for the
payment of the claims of policy holders. Upon the receipt of
any such bonds, moneys or other securities by any insurance com-
pany, it shall issue its certificate, in writing, authenticated as re-
quired by law for certificates of stock, stating the amount, terms
and conditions of repayment of such money or the return of such
bonds or other securities, the name of the payee or depositor, and
the said certificate shall also state upon its face that it is issued
under the provisions of this section. The said money, bonds or
other securities, when so paid to or deposited with such insurance
company, shall become a part of the guaranty fund of the in-
surance company so receiving the same, and shall be liable for
all the claims of policy holders after the general assets of such
insurance company shall have been exhausted: Provided, that
the said guaranty fund shall not be liable for the claims or debts
due to stockholders or the general creditors of such insurance
company. Every insurance company which shall establish a
guaranty fund under the provisions of this section shall keep a
separate account of the same on its books, together with a full
and true list of any securities held therefor. The money and
securities belonging to said guaranty fund shall be im^ested in
the' same manner as is now provided by law for the investment
of the other assets of insurance companies: Provided, that any
bond or other securities received by any such insurance company
as a part of its guaranty fund may be deposited with the In-
surance Commissioner, as is now allowed by law, subject, however,
to the further provisions of this section ; that any insurance com-
pany receiving said money or securities as a part of its guaranty
fund, as herein provided, may pay to the person, firm or corpora-
tion from whom the same may be received a semiannual dividend
of not more than three and one-half per cent on the amount of said
1909— Chapter 922. 1327
nionev or sec-urities. The guaranty fund herein provided for shall Use^of guaranty
be applied to the payment of claims of policy holders only when the
insurance company has exhausted its cash on hand and the in-
vested assets, exclusive of uncollected premiums; and when the impairment of
said guarantee is in any way impaired the directors may make
good the whole or any part of such impairment by assessments
upon the contingent funds of the company at the date of such im-
pairment, if any are available. Such guaranty fund shall be ReUrement of
retired when the permanent fund of the company equals two per
centum of the amount insured upon all policies in force ; and such
guaranty fund may be reduced or retired by vote of the directors
of the company and the assent of the Insurance Commissioner, if
the net assets of the company above the reinsurance reserve and all
other claims and obligations, exclusive of the guaranty fund, 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 fund. Due notice of such proposed action on the part Notice of proposed
of the directors of the company shall be mailed to each director of
the company not less than thirty days before the meeting when
such action may be taken, and shall also be advertised in two news-
papers of general circulation, to be approved by the Insurance
Commissioner, not less than twice a week for a period of not less
than four weeks before such meeting. No insurance company with Compjuiy ceasing
a guaranty fund, as hereinbefore provided, which has ceased to do
new business, shall return or retire any part of said guaranty fund
or divide to its stockholders any part of its general, assets, except
incomes from its investments, until it shall have performed, rein-
sured or canceled its policy obligations. In the event of insolvency insol^jl'jcy or
or voluntary liquidation of any such insurance company, the liquidation,
amount of the guaranty fund shall be returueil to the persons,
firms or corporations, their heirs, executors, administrators, suc-
cessors or assigns, from which the same was received, in full or
pro rata, as the case may be, before any amount shall be paid from
the assets of said company to the stockholders of the said com-
pany; the intention of this section being that the liability of the
said company for the repayment or the return of its guaranty fund,
as evidenced by its certificates therefor, as hereinbefore provided,
shall be preferred in the distribution of its assets to the stock-
holders and general creditors of the said company, other than its
policy obligations. No insurance company shall create a guaranty A^rov^l^f
fund, as provided in this section, except upon the approval of a stockholders,
majority of its stockholders, authorized at any regular or special
meeting called for the purpose."
Sec. 2. That any insurance company now doing business as ^ Compa^iies^now
domestic insurance company under the laws of this State which
has received any money or securities to be held as a guaranty capi-
tal, guaranty surplus or guaranty fund may convert the same into
1328
1909— Chapter 922—923.
a guaranty fnnci, as hereinbefore provided, by mutual agreement
between tlie board of directors of said insurance company and tlie
parties from whom the said money or securities have been received,
subject, however, to the approval of the Insurance Commissioner,
and thereupon certificates shall be issued therefor, as hereinbefore
provided, and the same shall thereafter be held subject to the
rights and liabilities provided in this act.
Sec. 3. That all laws and clauses of laws in conflict with this iict
are hereby repealed.
Skc. 4. That this act shall be in force from and after its ratitica-
tion.
Ratified this the 0th day of March. A. D. 1000.
CHAPTER 923.
AN ACT TO REQUIRE FIRE INSURANCE COMPANIES TO
MAKE DEPOSITS WITH THE INSURANCE COMMISSIONER
IN THE STATE OF NORTH CAROLINA FOR THE PROTEC-
TION OF THEIR CONTRACTS.
Statement of
amount of cap-
ital stock.
Deposit of bonds.
Bond in fidelity or
surety company.
Deposits in pro-
portion to capital
stock.
;
Receipt for
deposits.
Proviso: power of
attorney.
Depreciation of
deposit.
Securities depos-
ited delivered to
treasurer.
The General Assemhly of North Carolina do enact:
Section 1. Unless otherwise provided in this act, every fire in-
surance company chartered by any other State or foreign govern-
ment shall, by their general agent or through some authorized offi-
cer, deliver under oath to the Insurance Commissioner of this
State a statement of the amount of capital stock of said company,
and deposit with him bonds of the United States, or of the State
of North Carolina, or of the cities or counties of this State, or a
bond approved by the Insurance Commissioner in some fidelity or
surety company licensed to do business in the State of North Caro-
lina, as follows : Companies whose capital stock is five hundred
thousand dollars or less, ten thousand dollars ; companies whose
capital stock is more than five hundred thousand dollars and not
over one million dollars, twenty thousand dollars; companies
whose capital stock is in excess of one million dollars, twenty-five
thousand dollars ; and the Insurance Commissioner shall there-
upon give the agent a receipt for the same : Provided, that with
securities so deposited the company shall at the same time deliver
to the Insurance Commissioner a power of attorney authorizing
him to transfer said securities or any part thereof for the purpose
of paying any of the liabilities provided for in this act. The Insur-
ance Commissioner shall require each such company to make good
any depreciation or reduction in value of said securities. The secu-
rities required to be deposited by each insurance company in this
act shall be delivered for safe-keeping by the Insurance Commis-
1909 — Chapter 923. 1329
sioner to the Treasurer of tbe State, who shall receipt hiiu there-
for. For securities so deposited the faith of the State is pledged Faith of state
that they shall he returned to parties entitled to receive them or of secairitiJs.^^ "'^"
disposed of as hereinafter provided for. The securities deposited Deposits not sub-
. 1 i, • , 1 ,1 . i. c 1 ■ Ject to taxation.
by any company under this act shall not, on account of such securi-
ties being in the State. l)e subject to taxation, but shall be held
exclusivelv and solelv for the protection of contract holders : Pro- Proviso: deposit
.,,,',. ^- 1 ■J.C4- 4.of first mortgages
ridcd. also, that any fire insurance company may deposit nrst mort- on real estate.
gages on real estate, to be approved by the Insurance Commis-
sioner of this State.
Sec. 2. The Insurance Commissioner, at the time of receiving Authority to draw
, ,, . ,, ,,.,,, J, interest on
said securities, shall give to the company authority to drav^- the deposits.
interest thereon, as the same may become due and payable, for
the use of the company, which authority shall continue in force Authority revoked
until the company fails to pay any liability arising upon any policy ijabUity'^^ ° "^^^
made in favor of any persons, firms or corporation which shall be
at the time said liability arises a resident of this State or which
shall own property in the State covered by policies issued, in which
case the corporation charged with the payment of such interest
shall be forthwith notified of such failure, and thereafter such
interest, so long as such liability shall exist, shall be payable to
the Insurance Commissioner, to be applied, if necessary, to the
payment of any such liability.
Sec 8. If the said company fail to pay any of its liabilities on Sale of deposits
said contracts according to the terms thereof, after the said lia- li^'bilMes.'^"
bilities .shall have been adjusted between the parties in the mode
prescribed by the contracts, if a mode be prescribed thereby, or
after the same shall have been ascertained in any mode agreed
upon by the parties or by the judgment, order or decree of the
court having jurisdiction of the subject, the Insurance Commis-
sioner shall, upon the application of the party to whom the debt
or money is due, and upon satisfactory proof that the notice herein
required to be given said company has been given, proceed to sell
at public auction such an amount of the said securities as, with
the interest in his hands, will pay the sum due and expenses of
sale, and out of the proceeds of sale pay said sums and expenses :
Proridcfl, that the party making said application shall give to the Proviso: notice to
company or to the agent of the company in this State twenty days' company,
notice of his intention to apply for the sale of said securities to the
Insurance Commissioner; and Provided further, that such com- Proviso: deficit to
pany shall be required forthwith to make good any deficit in the ^® ^^'^^ ^°°^-
amount of the deposit caused by said sale. The Insurance Com- Advertisement of
missioner shall advertise the sale of said securities for thirty days ^^®"
prior to the day of sale in some daily newspaper published in the
city of Raleigh, and shall state in said advertisement the securities
to be sold and the company depositing them, a copy of which shall
be mailed to said company.
rub.— 84
1330
1909— CHArTEE 923.
Lien of policies
and contracts on
deposits.
Action for
enforcement of
lien.
Insurance com-
missioner party to
suit.
Deposits in place
of securities paid.
Investments if
deposits not
made.
Return of
deposits.
Deposits made
before license
issued.
Time allowed
companies now
licensed.
Revocation of
license on failure.
Sec. 4. Upou the securities deposited as aforesaid with the In-
surance Commissioner by any such insurance company, the holders
of all contracts of said company who are citizens or residents of
this State at such time, or who hold such policies issued upon
property in the State, shall have a lieu for the amounts due them,
respectively, under or in consequence of such contracts for losses,
equitable values, return premiums or otherwise, and shall be en-
titled to be paid ratably out of the proceeds of said securities, if
such proceeds be not sufficient to pay all of said contract holders ;
and whenever any such company depositing securities as aforesaid
shall have become insolvent or bankrupt or shall have made an
assignment for the benefit of its creditors, any holder of such con-
tract shall have the right to begin an action in the Superior Court
of the county of Wake to enforce the said lien for the benefit of
all the holders of such contracts. The Insurance Commissioner
shall be a party to the suit, and the funds shall be distributed by
the court, but no cost of such action shall be adjudged against
the Insurance Commissioner.
Sec. 5. Where the principal of any of said securities so depos-
ited is paid to the Insurance Commissioner, he shall notify the
company or its agent in this State, and pay the money so received
to the said company upon receiving other securities of the charac-
ter named in section one of this chapter to an equal amount, or
upon the failure of the company for thirty days after receiving
notice to deliver such securities to an equal amount to the Insur-
ance Commissioner he may invest the said money in any such
securities and hold the same as he held those which were paid off.
Sec. 6. If such company cease to do business in this State, and
its liabilities, whether fixed or contingent upon its contracts, to
persons residing in this State or having policies upon property
situate in this State shall have been satisfied or shall have been
terminated, upon satisfactory evidence of this fact to the Insur-
ance Commissioner the State Treasurer shall deliver to such com-
pany, upon the order of the Insurance Commissioner, the securi-
ties in his possession belonging to it, or such of them as remain
after paying the liabilities aforesaid.
Sec. 7. Whenever any fire insurance company shall file an appli-
cation with the Insurance Commissioner to be admitted to do busi-
ness in this State it shall be the duty of said commissioner to
require of it a compliance with the provisions of this act before
issuing a license to such company. Any fire insurance company
now doing business in this State shall be allowed until July first,
one thousand nine hundred and nine, to comply with the provisions
of this act, and upon failure to do so on or before that time it shall
be the duty of the Insurance Commissioner of the State to revoke
its license to do business in North Carolina.
1909— Chapter 923—924. 1331
Sec. 8. Any and all bonds given in fidelity or surety companies Conditioiis^of^^^^
in lieu of deposits, as provided in section one of this act, shall be bonds'.
subject to the same conditions and liability as are imposed by this
act upon deposited securities, and shall be conditioned to faith-
fully respond to all the obligations herein created against deposits,
and to pay any final judgment entered up against such company in
any court of competent jurisdiction in this State for failure to
comply with its contracts. Judgment creditors shall have the Suit on bonds.
right to bring suit on said bond for satisfaction in the county in
which the judgment is rendered.
Sec. 9. This act shall be in force from and after its ratification.
Ratified this the 9th day of March, A. D. 1909.
CHAPTER 924.
AX ACT TO PREVENT AND PUNISH THE SALE OR OF-
FERING FOR SALE OF ADULTERATED, IMPURE OR MIS-
BRANDED AGRICULTURAL AND VEGETABLE SEED AND
THOSE LACKING VIABILITY.
The General AsscniWy of North CaroHna do enact:
Section 1. That the term "agricultural seed," as used in this Ag^riciUtural seed
act, shall include the seeds of red clover, white clover, alsike
clover, alfalfa, Kentucky blue grass, timothy, brome grass, orchard
grass, redtop, meadow fescue, oat grass, rye grass and other
grasses and forage plants, flax, rape and cereals and any seed
sold for planting. "Vegetable seed" shall include any seed sold Ve|etable seed
to be used in growing vegetables of any kind.
Sec. 2. Every parcel, package or lot of agricultural seeds, as statements to be
defined in section one, containing one pound or more, offered or ^^^^^^^g^;"
exposed for sale in this State for use within the State shall have
affixed thereto, in a conspicuous place on the outside thereof,
distinctly printed in the English language, in legible type, a state-
ment certifying :
First, the name of the seed. Name of seed.
Second, full name and address of seedsman, importer, dealer Name and address
of seedsman,
or agent. importer, dealer
Third, a statement of the purity of the seed contained, specify- ^'^^^^"^f seed,
ing the kind and percentage of the impurities, as defined in se<'-
tions six and seven of this act. if the said seeds are below the
prescribed standards.
Fourth, locality where said seed was grown, when known. grown'^ ''^^'^^
Sec. 3. The Commissioner of Agriculture, in person or by deputy samples,
or inspector, is hereby authorized to take from any lot or package
of seeds over one pound in weight a sample not exceeding four
1 •> •'> o
1 -J-) J.
1909 ClIAPTEK \)'1\.
Sample forwarded
for analysis and
comparison.
Duplicate of
sample.
Fee for report of
examination.
Seeds to be free
from adulterants.
Adulterants
specified.
Seeds considered
as impurities.
Percentage of
adulterants to be
expressed.
Other impurities.
Percentage to be
stated.
ounces ill weight, said sample to be drawn or taken in the presence
of the party or parties in interest, or their representatives, and
it shall be taken from a parcel or lot of parcels which shall not
be less than five per cent of the whole lot inspectefl, or said
sample may be taken in the jn-esence of two disinterested wit-
nesses. Said sample so taken shall be. forwarded to the Depart-
ment of Agriculture for analysis and com])arison. with the certi-
fied statements required by section two of this act. A duiilicate
of said sample shall, upon request, be furnished to the jxTson
offering or exposing said seeds for sale.
Sec. 4. Upon receipt of a fee of fifty cents the Department of
Agriculture shall furnish the person witli whom the duplicate
sample was left a report of the examination of said seeds.
Sec. 5. No person shall sell, offer or expose for sale or distribu-
tion in this State, for the purpose of seeding, any of the agricul-
tural seeds, as defined in section one of this act, unless said
seeds are free from seed or bulbs of wild onions, commonly known
as wild onions, wild garlic, field garlic, crow garlic, wild leek, or
genus allium, species rirwale and canadciisr. or the following
weeds: wild mustard or charlock (Braxsica nrrcii.sifi, L. KtzJ.
quack grass (Af/ropj/roii repoii^. L. Beau r. I. Canada thistle
(Cirsium arvense, L. Scop.), wild oats (Ai-ena fatini. L.j. clover
and alfalfa dodder (Cuscuta Epithiimum, Murr.J and corn cockle
(Af/rostemma Gitluif/o. L.). cheat or chess (Bromus sccalinus, L.).
dog fennel ( Eiiixitorhim vapillifoliiiin ). wild carrot (Da urns
Carota).
Sec. 6. The seeds of the following Aveeds shall be considered as
impurities in agricultural seeds sold, offered or exposed for sale
within this State for the purpose of seeding : cheat or chess
(BroiniiH secaJinuff. L.). white cockle (Lychnis alba. Mill.).
night-flowering catchfly (Sileitc yocti flora, L.J. curled dock
(Riiinc.r cri.^piis. L.), smooth dock (Riinicr alti.^'siiiiiis. Wood).
.sheep sorrel (Rumex Acetosella, L.). yellow trefoil (Mcdicaf/o
liipnliiia. L.). sweet clover (Melilotus alha, Desr.. and .1/. offlcinali.'i.
L.J, black mustard (Brassica nigra, L. Koch), plantain, buckhorn
(Plantago lanceolata, L.J, bracted plantain fPlantaf/o arintata.
Mirh.r.), bind weed (Convolvulus sepiiim, L.). smoot crab grass
(Dif/itaria hutnifusa, Pers.). common chickweed (Strllaria media.
L. CyriU). When such impurities or any of them are pre.sent in
quantity exceeding in their combined weight a total of two per
cent of the weight of said agricultural seed, the approximate
percentage of each shall be plainly indicated in the statement re-
quired by section two of this act.
Sec. 7. Sand, dirt, chaff and foreign substances and seeds other
than those specified in section eight and section nine, or broken
seed and seed not capable of germinating, shall be considered im-
purities when present in agricultural seeds. When such im-
purities or any of them are present in ((uantity exceeding the
1909 — Chapter 92-i. 1333
staudards of purity aud viability authorized iu sectiou eleven of
this act, the name and approximate percentage of each shall be
plainly indicated in the statement specifieil in section two.
Sec. 8. For the purposes of this act, seeds shall be deemed to Seed^deemed
be mixed or adulterated:
First, when orchard grass (Dactijlis (jlomerata, L.) seed con- Orchard grass.
tain ten per cent or more of meadow fescue (Fcstuca elatior, L.)
seed or Italian rye grass seed (LoUum Italicion, A. Br.) or Eng-
lish rve grass' (Lol in in iwrenne, L.) seed.
Second, when red clover (TrifoUum Pnt tense. L.). mammoth Red clover.
red clover (TrifoUum Pratense, var.) or alfalfa (Mcdicago sativa.
L.) contains five per cent or more by weight of yellow ti-efoil
(Medicago Uipidina, L.). or SAveet clover (Melilotus alha, Desr..
or M. officinalis. L. Lam.) seed; or.
Third, when Kentucky blue grass or blue grass (Poa pratensis. Blue grass.
L.) seed contain five per cent or more by weight of Canada blue
grass CPoa compressa. L.) seed, redtop (Agrostis alba, L.) seed,
redtop chaff or any other seed or foreign substance. .
Fourth, when rape (Brassica naptis. L.) contains five per cent Rape,
or more of common mustard (Brassica sinapistrum, Boiss) or
black mustard (B. nigra, L. Koch).
Sec. 9. Mishranded .^eed.—For the purposes of this act. seeds ^eeds^deemed
shall be deemed misbranded when meadow fescue (Festuca elatior, orchard grass.
L.), English rye grass (Lolium pcrcnne. L.) or Italian rye grass
(Lolium Italicum, A. Br.) is labeled or sold under the name of
orchard grass (DactyJis glomerata. L.) seed.
Second, when Canadian blue grass (Poa compressa. L.) seed, red- Kentucky blue
top (Agrostis alba, L.) seed or any other seed not blue grass seed
is sold under the name of Kentucky blue grass ov blue grass
(Poa pratensis, L.) seed.
Third, when yellow trefoil (Medicago Jupalina. L.). burr clover
(Medicago hispida, (iaertn.) or sweet clover (MeUilotus alha.
Desr.) is sold under the name of clover. June clover, red clover Clover.
(TrifoUum pratense. L.), medium red clover, small red clover,
mannnoth red clover, sapling clover, peavine clover (T. pratense.
L. car.) or alfalfa (Medicago satiru, L.) seed.
Fourth, when the seed are not true to the name under which i^^'^';^'^""! "■>"■ '"
they are sold.
Sec. 10. Provisions concerning agricultural seeds containi-d in Persons not
this act shall not apply to :
First, any person or persons growing or selling seed for food G^Xfor^ood.'^""^
l)uri>oses only, or having such seed in possession for sale for such
pur] loses.
Second, any i»erson selling direct to nierchants. to be cleaned or ;^elh|jf^direct to
graded before being offered for sale for the puri)ose of seedin.'.
This shall not, however, exempt the seller from the restrictions of
section four of this act.
1334
1909— Chapter 924.
Seed held for
recleaning.
Seed marked "Not
absolutely clean"
held or sold for
export.
Seed sold without
certificate.
Seed for lawn
grass.
Standards of
purity and
viability.
Third, seed that is held in storage for the purpose of beiug
recleaned and which has not been offered or exposed or held in
possession for sale for the purpose of seeding.
Fourth, seed marlied "Not absolutely clean" and held or sold for
export outside of the State only.
Fifth, the sale of seed that is grown, sold and delivered for any
farmer on his own premises for seeding by the purchaser himself,
unless the purchaser of said seed obtains from the seller at the
time of the sale thereof a certificate that the seed is supplied to
the purchaser subject to the provisions of this act.
Sixth, mixtures of seeds for lawn-grass purposes, but this shall
not exempt the seller of such mixtures of seeds from the restric-
tions of sections four and seven of this act.
Sec. 11. Standards of jnirity. — The following standards of
purity, meaning freedom from weed seeds and other foreign seeds,
and viability, are hereby fixed :
Per Cent, of Per Cent, of
Name of Seed. Purity. Viable Seed.
Alfalfa 06 SO
Barley 98 90
Blue Grass, Canada 90 45
Blue Grass, Kentucky 80 45
Brome, awnless 90 75
Clover, alsike 96 75
Buckwheat 96 90
Clover, crimson 98 85
Clover, red 92 80
Clover, white 90 75
Corn, field 99 . 94
Corn, sweet 99 75
Fescue, meadow 95 85
Flax 96 89
Millet, pearl 99 65
Millet, common 90 85
Millet, hog 90 85
Oats 98 90
Oat grass, tall 72 70
Orchard grass 70 70
Rape 99 90
Redtop 90 70
Rye 98 90
Rye Grass, perennial 96 90
Rye Grass, Italian 95 80
Sorghum 96 SO
Sorghum for fodder 90 60
Timothy 96 85
Wheat 98 90
1909 — Chapter 924. l-^SS
Sec. 12. The execution and enforcement of this act is hereby B^o^^d^o^f^agn-^^^^
committed to the Board of Agriculture, who are authorized to act. ^^^^^
appoint inspectors and make regulations for that purpose, which ReStions.
regulations shall have the force of law as provided for the execu-
tion of the laws relating to quarantine inspection, pure food, crop
pests, stock feeds and other matters committed to the direction of
the board. Any violation of any such regulation shall be a Violati9n of
luc injciLKx. -Li. J , ^ ■ . <- regulation a mis-
misdemeanor, punishable upon conviction by fine or imprisonment, demeanor.
^ , , 4. Punishment.
in the discretion of the court.
Sec. 13. Any person selling or exposing for sale any of the Acts declared^
seeds specified in sections eight and nine of this act which are
mixed, adulterated or misbranded, or any agricultural seeds which
do not comply with sections five, six and seven, and any person
who shall prevent or attempt to prevent any inspector or other
employee or agent of the Department of Agriculture in the dis-
charge of his duties or violate any of the provisions of this act
shall be guilty of a misdemeanor, and upon conviction shall be Punishment.
fined not more than one hundred dollars or imprisoned at the
discretion of the court : Provided, that no one shall be convicted ^^''^^■^'^^^'11^'''^
of violation under the provisions of section five if he shall prove ^nd due diligence.
that the weed seeds named therein are present in quantities of
not more than one in ten thousand and that due diligence has been
used to find and remove said seed.
Sec. 14. All seedsmen and others who sell farm or garden seeds Seedsmen bound
to be used in producing crops for sale or for family use shall be
bound as guarantors that such seeds are true to kind and name,
as represented at the time of sale, whether said seeds were raised
by the seller or by another; and if such seeds are sold by an agent, gi'^^cipaij^omi^^^
the principal shall be bound by the representations of said agent of agent?
in regard to the kind and name of the seed so sold. If any paper seller bound by
or package containing seed sold in this State for planting or ^"a^Se"^ °"
seeding has printed or written thereon the name, kind or quality
of the seeds therein, the seller shall be bound in the courts of this
State by the same written or printed statement, unless it be af-
firmatively proven that there was some other agreement between
the parties in respect thereto.
Sec. 1.5. Any citizen of the State may send to the Department citizens may send
of A.griculture samples of seeds they have purchased or may wish |^^iP'®i|/*^^
to have examined with a view of purchasing, for examination and
analysis. The Department of Agriculture shall have examination Analysis.
and analysis made according to the provisions of this act and
send copy of such analysis to the party sending the seed.
Sec. 1G. Persons or firms desiring to sell or offer for sale seeds Fee for analysis to
seller'^
in this State shall have like privileges as to their goods upon pay-
ment of a fee of fifty cents for each sample.
Sec. 17. For the purpose of providing a fund to defray the ex- Licenses,
penses of the examination and analysis prescribed in this act, each
i:^:5(;
1909 — Chapter 924 — 92,"
Receipt for license
fee license.
License fees to use
of department of
agriculture.
Selling or
attempting to sell
seed without
licen.se a misde-
meanor.
Punishment.
When act
.effective.
person, tirin or corporation selling or offeriiii,' for sale in or for
export from this State any seed as mentioned in this act shall
register with tlie Department of Agrieultnre the name of the
person, firm or corporation offering the seefl for sale, and shall
pay a license tax annnally of twenty-five dollars, the same to be
paid in July, one thousand nine hundred and nine, and January,
one thousand nine hundred and ten, and annually thereafter. The
commissioner's receipt for such money shall be license to conduct
the business, and the agents or sellers of said person, firm or cor-
poration paying such tax shall not be required to pay any further
tax under this act.
Sec. is. The Connuissioner of Agriculture shall pay all moneys
received from such license, together with all fees as prescribed in
section sixteen of this act, into the Treasury of the State, to be
credited to the funds of the Department of Agriculture, and it
shall be drawn out upon warrant of the connnissionei*. as reiiuired
by law for other funds.
Sec. 19. Any person, firm or corporation selling or attempting
to sell seed in this State without procuring the prescribed license,
or any person, firm or corporation violating any other provision
of this act shall be guilty of a misdemeanor, and upon conviction
shall be fined or imprisoned, in the discretion of the court.
Sec 20. This law shall be in force from and after July first,
one thousand nine hundred and nine.
Ratified this the 0th day of INIarch. A. D. lUOO.
CHAPTER 925.
AX ACT TO CONFER POLICP] POWERS OX DEPFTV SHER-
IFFS AT STEEL'S MILLS, PEE DEE MILL No. L PEE DEE
MILL No. 2, ROBEDEL MILL No. 1, ROBEDEL MILL No. 2
AND HANNAH PICKETT MILLS, IN RICHMOND COUNTY.
AND TO PROTECT PROPERTY AND PRESERVE THE
PEACE OF SAID VILLAGE.
Arrests without
warrant.
The (rOirral Ax.'^eiiihli/ of XoitJi Carolino do riiocf:
Section 1. That whenever it shall be necessary for the preserva-
tion of the public peace, good order and decency, or the protection
of life, liberty, person or property of individuals in the villages of
Steel's Mills. Pee Dee Mill Number One, Pee Dee Mill Number
Two, Robedel Mill Number One, Robedel Mill Number Two and
Hannah Pickett Mills, situated in Richmond County, or in one-half
mile of the cotton mills erected in said villages, the deputy sheriff
or deput.v sheriffs appointed by the Sheriff of Richmond Conntj-.
living and residing in said villages, shall have power and author-
1009 — CiiAi-rKK 925. 1337
ity iuul it shall be the duty of said deputy sheriff to arrest the •
body of p.irties A'iolating the hiw in Richmond County in one-halt'
mile of said cotton mills, without warrant, and take such pei-son
or persons before some justice of the peace residing in the township
in which such village is situated, when and where formal com-
plaint shall be made against such offenders as is prescril)ed by
law. to the end that such persons may have a speedy trial and be
dealt with as the law directs : and in the meantime and until the Coiittnemem
... , 1 •.,,-•, i 1 i, pending: trial.
cases of such person or persons charged with havuig violated the
law shall be tried and disposed of by the justice of the peace, .saich
person or persons may be confined in a guardhouse or calaboose
provided for that purpose by said ofticers. unless l)ail shall be given
as provided by law. That it shall be the duty of said deputy Suppression of
sheriff" to suppress all disturbances of the quiet and good order in disturbances.
the said villages, and to prevent as far as possible all injuries to prevention of
proiiertv in said villages, and if the deputv sheriff" shall be resisted '".inrief to
' ' • !^ < 1 . property.
in the execution of his (Uity he shall have the power and it shall Power to sum-
be his duty to call to his assistance any citizen or citizens, and Refusal t^o assist
if such citizen or citizens refuse to aid such officer when called he lenieanor^'^'
or they shall be guilty of a misdemeanor, and upon conviction shall Punisliment.
be fined not exceeding fifty dollars or imprisoned not exceeding
thirty days.
Sec. 2. That any iierson found drunk on the streets or roads, or Public drunken-
in any jmblic place in said villages, or on the premises of the cot- Jifeln^r™'^ ^'
ton mills in said villages, or in one-half mile thereof, shall be
guilty of a misdemeanor, and upon conviction shall be fined not Punisliment.
less than five dollars nor more than fifty dollars or imprisoned not
exceeding ten days: l^rorided. nothing herein shall confer power proviso: powers
on .said officers within the town of Rockingham. . Rockh!gham '°
Sec. ;->. That any person who shall use vulgar or obscene Ian- u.«e of vulgar or
guage on the premises of the cotton mills in said villages shall be obscene language
a misdemeanor.
guilty of a misdemeanor, and upon conviction shall lie fined not Punishment.
less than five dollars nor more than ten dollars or be imprisoned
not more than tiMi days.
Sec. 4. That said deputy sheriff's shall wear an ()fli<-er"s badge Deyuty to wear
when on duty. badge."
Sec .">. That this act shall be in force from and after its ratiti-
<'ati()ii.
Uatitied this the I'dlli dav of I-'cbniarv. \. 1). V.)U\).
RESOLUTIONS
OF THE
GENERAL ASSEMBLY,
SESSION 1909.
JOINT RESOLUTION TO HEAR THE GOVERNOR'S MESSAGE.
Be it resolved Ijy the Senate, the House of Representatives concur-
ring:
That the Senate and the House of Representatives meet in joint joint session to
session in the hall of the House of Representatives at eleven-thirty ^^^^ message.
A. M. on January the seventh, one thousand nine hundred and nine,
to hear his excellency. Governor R. B. Glenn, read his annual mes-
sage to the General Assembly, and that a committee of two be joint committee.
appointed on the part of the Senate and three on the part of the
House to escort the Governor to the hall of the House of Repre-
sentatives upon the convening of the joint session.
Ratified this the 11th day of Januarj^ A. D. 1909.
RESOLUTION FOR JOINT SESSION TO OPEN RETURNS FOR
STATE OFFICERS.
Resolved liy the Senate, the House of Representatives concurring:
Section 1. That the Senate and the House of Representatives joint session to
meet in joint session in the hall of the House of Representatives at ^ '
noon on Tuesday, January the twelfth, one thousand nine hundred
and nine, and there proceed to open and publish the returns for
Governor, Lieutenant Governor, Secretary of State, Auditor, Super-
intendent of Public Instruction, Attorney-General and other State
officers.
Sec. 2. That the persons so ascertained to be elected shall be in- Date set for
ducted into office on Tuesday, January the twelfth, one thousand '"^"^"''^ '°"-
nine hundred and nine, at one o'clock P. jNI.
Sec. 3. That a joint committee of three on the part of the Senate Committee of
and seven on the part of the House shall be appointed, whose duty 2^"^"^^"^^" ^•
it shall be to provide suitable arrangements and regulations for the
inauguration, and report the expenditures incurred by the commit-
tee.
Ratified this the 11th day of January, A. D. 1909.
1340
1000 — Resolution's.
Per diem and
mileage allowed.
RESOLTTION IN FAVOR OF J. A. LISK.
h'csoh'ctl hii the lIoHxc of Reprc.scntative.s, ilie Hciuitc ciiiiriirriiii/:
That the Clerk of the House be iustructed to issue a voucher to
J. A. Lisk. Doorkeeper for the session one thousand nine hundred
and seven, for two days' pay and mileage, for services in the
organization of the present House, and that the auditor and treas-
urer be authorized to pay same.
Ratitied this the 11th day of January, A. I). liKlll.
Admission by
card.
Cards to be fur-
nisiied members.
Doorkeepers.
RESOLT'TION RESERVING THE EAST PORTICO OF THE
CAPITOL FOR GUESTS OF THE MEMBERS OF THE GEN-
ERAL ASSEMBLY DURING THE INAUGURAL CEREMO-
NIES.
Resolved hji flic Senate, the House of Representatives eoneurviiit/:
That the east portico of the Capitol be reserved for the guests of
the members of the General Assembly during the inaugural cere-
monies, and that admission be by card, and that the Doorkeepers
of the respective houses shall furnish each member with one ticket,
and they shall assign one of their assistants to act as doorkeeper
to the entrance of this portico.
Ratified this the 12th day of January, A. D. WOO.
RESOLUTION TO PRINT TWO THOUSAND COPIES OF
INAUGURAL ADDRESS OF HON. W. W. KITCHIN.
Resolved Jni tlie House of Representatives, the Senate eoncurrinii:
For the use of tlie That two thousand copies of the inaugural address of Hon. W. W.
general assembly. ,...,.. ■ . -, ^ j., .c xi /-, i i i i
Ivitchni be printed tor the use ot the General Assembly.
Itatitied this the l(jth day of January, A. D. 1000.
Time for balloting
fixed.
JOINT RESOLUTION OF THE SENATE AND HOUSE OF REP-
RESENTATIVES RELATIVE TO THE ELECTION OF A
UNITED STATES SENATOR.
Resolved hi/ the Senate, the House of Representatives coneiirring:
That each House will, at twelve o'clock M. on Tuesday, January
the nineteenth, one thousand niiie hundred and nine, proceed to
ballot for a Senator of the United States to fill the vacancy occur-
ring on the fourth day of March, one thousand nine hundred and
nine.
Ratified this the 10th day of January. A. D. 1000.
1909^Eesolutioxs. 1341
JOINT KESOLUTION FOR CELEBRATION OF GENERAL
LEE'S BIRTHDAY.
Resolved hij the House of Representutires. the Senate coiiciirrin;/:
That the General Assembly of North Cai'oliua, when it adjourns, Adjouninient.
do this day adjourn in honor of the one hundred and second birth-
day of General Robert E. Lee.
That the hall of the House of Representatives be tendered to the U.se of hall for
, , memorial exer-
L)aughters of the Confederacy to hold memorial exercises celebrat- cises.
ing the birthday of General Lee, on Thursday. January the twenty-
first, one thousand nine hundred and nine, at seven-thirtj' P. M.
Ratified this the 20th day of January, A. D. lilOn.
A RESOLUTION TO PAY EXPENSES OF DR. BOLTON AND
DR. J. R. GORDON TO TUBERCULOSIS CONVENTION AT
CHARLOTTE.
He it resolved hij the House of Representative^, tlie Senate concur-
ring:
Section 1. That the sum of eleven dollars and ninety-five cents Appropriation.
be paid Dr. M. Bolton and the sum of eleven dollars and ninety-five
cents be paid to Dr. J. R. Gordon, their expenses for attending the
Tuberculosis Convention at Charlotte. North Carolina, on January
the thirteenth and fourteenth, one thousand nine hundred and nine.
Sec. 2. That this resolution shall l»e in force from and after its
ratification.
Ratified this the 2(;th dav of Jannarv. A. D. IfKX).
RES(>LUTION OF THANKS TO THE PRESIDENT AND
STT'DENT BODY OF THE UNIVERSITY OF NORTH CARO-
LINA.
Resolved hy the House of Representatires, the Senate eoneurrinu :
That the General Assembly of North Carolina do hereby extend Thank.'; extended.
thanks to Flonorable Francis P. Venable. j (resident, and the faculty
and students of the T'niversity of North Carolina for their very
courteous reception and cordial hospitality extended to the mem-
bers of the General Assembly who attendeil the exercises at the
University in honor of the memory of (Jeneral Robert E. Lee. and
for the opportunity to hear the magnificent address of Honorable
Woodrow Wilson, president of Princeton T'niversity. upon the life
and character of our glorious Southern chieftain.
Ratified this the 2(if]i dav of Januarv. A. D. I!i0!).
1342
1909 — Kesolutioks.
JOINT RESOLUTION OF THE SENATE AND HOUSE OF REP-
RESENTATIVES CONSENTING THAT THE UNIVERSITY
OF NORTH CAROLINA BE EMBRACED WITHIN THE BEN-
EFITS OF THE CARNEGIE FOUNDATION FUND.
Preamble.
Memorial to
trustees.
Be it resolved hy the Senate, the House of Representatives concur-
ring:
.Section 1. Whereas the Board of Trustees of the University of
North Carolina, at a meeting held at Chapel Hill on Monday, June
first, one thousand nine hundred and eight, received the following
communication and adopted the resolutions following, and the said
action was approved by the Governor of this State as herein set
out, to-wit :
"To the Honorable Board of Trustees:
"Gentlemen : — At the annual meeting of the trustees of the
Carnegie Foundation for the Advancement of Teaching, held in
November, one thousand nine hundred and six, memorials were
presented from many State universities urging that they be
included in the scope of the plan of retiring allowances. Action
looking to the same end was also taken at the last meeting of the
National Association of State Universities. Mr. Carnegie has now
signified his willingness to extend the provisions of the foundation
to State universities, providing entrance requirements to reach the
standard required in the foundation, and provided also that the
State, acting through its Legislature, make known its desire to
have its University included.
"For the time intervening before the meeting of the State Legis-
lature it will be necessary for the trustees of the State University
to endorse the petition of the University, which endorsement, with
that of the Governor, will put the University within the benefits of
the foundation until the Legislature meets.
"The value to a university of being thus included need not be
dwelt upon. Mr. Carnegie's foundation is not a form of charity.
It provides for the superannuated, but its appeal is primarily to
those actively engaged in teaching. It lifts the whole profession to
a higher plane, calls more men to the service of education, enables
teachers, by relieving them of the pressure of financial anxiety, to
devote their undivided energies to teaching and investigation, and
thus pays rich dividends to the State, in better service, happier
lives and more untrammeled devotion to the work in hand. It is
evident, also, that a university coming within the provisions of the
foundation, can draw its teachers from a wider circle and thus
command abler men than one not thus included.
"The president and faculty, therefore, of the University of North
Carolina, through the undersigned committee, appointed April fif-
teenth, one thousand nine hundred and eight, would hereby peti-
1909— Kesolutions. ' 1343
tion you to take formal action on this matter and to forward to
Dr. Hem-y S. Pritcliett, president of the Carnegie Foundation, five
hundred and seveuty-six Fifth Avenue, New Yorlv, such statement
as you may deem proper.
"It is hardly necessary to assure you that the entrance require-
ments of the University of North Carolina are in advance of those
required by the foundation, or to remind you that two former mem-
bers of the faculty of the University have, through special action,
become recipients of Mr. Carnegie's noble action. '
(Signed) "C. Alphonso Smith,
"Chas. H: Herty,
"H. M. Wagstaff,
Committee.'''
Thereupon it was resolved that the recommendation of the com- Approval by
munication of the committee is approved, and that a proper state- trustees.
ment be prepared and forwarded to the president of the Carnegie
Foundation.
"I, R. B. Glenn. Governor of the State of North Carolina, do Approval by
most heartily approve the communication of the committee of the s°"^6r^or.
faculty of the University on the subject of the Carnegie Founda-
tion Fund and the action of the board of trustees of the said
University thereupon. I am satisfied that the University comes up
to the entrance requirements for adopting certain colleges on the
list to be benefited by the Carnegie Foundation Fund, and I can
commend this college and assert that no institution in the South is
doing a greater worlv for the cultivation and elevation of young
manhood than the University of North Carolina.
"R. B. Glenn.
Qovernor.''
Sec. 2. That the General Assembly of North Carolina approve the Approval and con-
action of the Board of Trustees of the University and the Governor assernbly^"'''^^
of the State, as set out in section one, and the General Assembly of
North Carolina does consent that the University of North Carolina
accept the benefits of the Carnegie Foundation Fund.
Sec. 3. That this act shall be in force and effect from and after
its ratification.
Ratified this the 27th day of January, A. D. 1000.
JOINT RESOLUTION OF SYMPATHY TO ITALY.
Resolved hy the House of Representatives, th§ Senate conciirriur/:
That this General Assembly of the State of North Carolina, in Profound sym-
regular session, tender to the King and Queen of Italy and their ^^^^^ tendered.
subjects its most profound sympathy in their recent disaster.
Ratified this the 28th day of Januarv. A. D. 1009.
1344
11)09 — Eksoh-tio.xs.
A JOINT RESOLI'TION TO PAY THE EXPENSES OF THE
JOINT SUBCOxMMITTEE OF THE SENATE AND HOUSE ON
INSANE ASYLTMS WHICH VISITED THE HOSPITAL AT
MOKGANTON.
Warrant to be
drawn.
Itemized state-
ment .
RcsoJrcd III/ the House of Rciircscnttitins. the Sciidfc coiiritiriiii;:
That tlip auditor be and is hereby directed to draw his warrant
ori the treasnrer of North Carolina for the snni of one hundred and
sixty-nine dollars and thirty-tive cents in favor of J. W. Burton,,
chairman of a Joint Subcommittee on Insane Asylums, to pay the
actual expenses of sending said snbccmimittee to visit the State
Hospital at Mors^anton. the amount due the sever:'.! members being:
as follows :
Senator Burton $12.80
Senator Haws 13.85
Senator Matthews 12..j0
Senator Lathan 12.50
Senator Spence 12.50
Senator Holden 12.50
Representative Foy 11.75
Representative Hooker 11.50
Representative Julian 11.75
Representative Mitchell 11.75
Representative Gaston 11.45
Representative Smith 11.75
Representative Campbell 11.25
Representative Butler 11 .50
Ratified this the 4th day of Feln-uary. A. 1). inoi).
A JOINT RESOLUTION RELATIVE TO THE PAYMENT OF
EXPENSES INCURRED BY THE INAX'GURAL COMMIl^rEE,
AS PROVIDED BY HOTTSE RESOLUTION 7, SENATE RESO-
LUTION 1.
Resolved 1)1/ the House of Nei)res()i1(i1ires. the Senate coneiirriiii/ :
Appropriation. That one thousand and fifty dollars (.$1,050) be appropriated for
the payment of expenses incurred by the Joint Committee on the
Inauguration.
Ratified this the 4th day of February, A. D. 1000.
1909 — Eesolutions.
1345
A JOINT RESOLUTION IN FAVOR OF T. N. HAYES.
Resolved !)>/ the House of Representatives, the Senate concurring:
That the funeral expenses of Representative T. N. Hayes, of Expenses to be
Wilkes be paid by the State, and that the Speaker be authorized speaker to sign
to sign' his warrant for this in the same manner as other expenses ^^'^"an .
of the House.
Ratified this the 11th day of February, A. D. 1909.
A JOINT RESOLUTION RELATIVE TO PAYING THE EX-
PENSES OF THE SUBCOMMITTEE ON INSANE ASYLUMS.
Resolved hy the House of Representatives, the Senate concurring:
Section 1. That the sum of thirty-five dollars and forty cents be Appropriation.
and is hereby appropriated to pay the expenses of the Joint Sub-
committee on Insane Asylums which visited the hospital at Golds-
boro, and the auditor is hereby authorized to issue his warrant on
the treasurer, pavable to J. W. Burton, who will distribute the
same in accordance with the statement of the amounts due the
several members, which is hereto attached, as follows :
SENATORS.
J.KBarham ?3.00 Itemized state-
F. P. Latham '^'^^
'> SO
J. A. Spence -^'^^
S. A. McCall '^■^^
A-'-^ 'Z
J. W. Burton ^'^^
REPRKSENTATIVES.
J. T. Foy ^-^^
Dr. M. Bolton ^-^^
Dr. R. P. Floyd ^-^^
Dr. J. A. Pickett --^^
Dr. A. J. McDevitt 2.60
That the auditor is also authorized to issue his warrant on the
treasurer for four dollars, payable to J. T. Foy for hack hire
advanced for committee visiting Central Hospital at Raleish.
Sec. 2. This resolution shall be in force from and after its ratifi-
cation.
Ratified this the 11th day of February. A. D. 1900.
Pub.— 85
1346
1909 — Kesolutions.
RESOLUTION TO PAY EXPENSES OF SUBCOMMITTEE ON
DEAF AND DUMB WHICH VISITED THE INSTITUTE AT
MORGANTON.
Appropriation.
Itemized state-
ment.
Resolved hy the House of Representatives, the Senate concurring:
Section 1. That sixty-seven and fifty oue-huudredths dollars is
hereby appropriated to pay the expenses of the House subcommit-
tee of five which visited and inspected the School for the Deaf and
Dumb at Morganton, and the auditor is hereby authorized to issue
his warrant on the treasurer, payable to Representative E. M.
Koonce, who will distribute the same, as follows :
J. Yates Killian $14.50
J. E. Cook 18.50
H. S. Harrison 15.50
E. M. Koonce 19.00
Total $67.50
Sec. 2. This resolution shall be in force from and after its ratifi-
cation.
Ratified this the 13th day of February, A. D. 1009.
JOINT RESOLUTION TO PAY EXPENSES OF JOINT SUB-
COMMITTEE OF SENATE AND HOUSE COMMITTEES ON
EDUCATION WHICH VISITED THE STATE NORMAL
AND INDUSTRIAL COLLEGE AND THE EAST CAROLINA
TEACHERS' TRAINING SCHOOL AT GREENVILLE.
Appropriation.
Itemized state-
ment.
Resolved hy the Senate, the House of Representatives concurring :
Section 1. That the sum of one hundred and twenty-four dollars
and ninety cents is hereby appropriated to pay expenses of the
subcommittees of the Senate and House committees on education
which visited the State Normal and Industrial College at Greens-
boro and the East Carolina Teachers' Training School at Green-
ville, and the auditor is hereby authorized to issue his warrant,
payable to Alex. L. Blow, who will distribute the same in accord-
ance with the statement of the amounts due the several members,
which is hereto attached, as follows :
P. B. Means, to Greensboro $8.50
P. B. Means, to Greenville 3.50
Y. T. Ormond, to Greensboro 6.75
J. A. Barringer, to Greensboro 4.10
Whitehead Kluttz, to Greensboro 6.75
J. F. Tilson, to Greenville 3.40
1909 — Resolutions. ISiT
M. D. Ray, to Greenville ^^■'^
A. S. Dockery, to Greeuville ^-^^
J. Y. Killian, to Greensboro 6.60
J. Y. Killian, to Greenville 3.40
R. K. Davenport, to Greensboro 6.60
A. E. Henderson, to Greensboro 6.60
M. Bolton, to Greensboro 6.60
E. R. Wooten, to Greensboro 6.60
Smith Hageman, to Greenville 3.40
J. R. Smith, to Greenville ^00
W. P. Rose, to Greenville 3.40
J. R. Gordon, to Greenville 3.90
G. W. Conner, to Greenville 3.40
D. C. Barnes, to Greeuville 3.40
E. Crawford, to Greenville 3.40
J. M. Mitchell, to Greenville 3.40
Alex. L. Blow, to Greensboro ' -25
Alex. L. Blow, to Greenville "tOS
H. B. Tatem, for carriages at Greensboro 9-00
Sec. 2. That this resolution shall be in force from and after its
ratification.
Ratified this the 16th day of February, A. D. 1909.
RESOLTTION INSTRUCTING OUR SENATORS AND REPRE-
SENTATIVES IN CONGRESS TO FAVOR THE PASSAGE OF
"AN ACT FOR THE RELIEF OF DISABLED MEMBERS OF
THE UNITED STATES LIFE-SAVING SERVICE."
Whereas the employees of the United States Life-saving Service Preamble,
are constantly in danger of and often losing their lives in the per-
formance of their hazardous duties in their efforts to save and
protect the lives and property of shipwrecked seamen; and Preamble,
whereas, by reason of the dangers and exposure to which their
duties call them, they often sacrifice their lives to save the lives of
unfortunate mariners, thus constantly making widows and orphans,
leaving them helpless and destitute ; and whereas the United States preamble.
Congress has already provided some measure of relief : therefore,
be it
Resolved hy the Home of RepreHentatlves, the Senate concurring:
That our Senators and Representatives from North Carolina in Senators^and^^
the United States Congress be and they are hereby instructed to instructed,
urge the passage of an act to amend sections seven and eight of an
act of Congress approved May fourth, one thousand eight hundred
1348
1909 — Resolutions.
Amount.
Proviso: retire-
ment.
Copies of resolu-
tion to be sent.
and eighty-two, so as to provide that any person who has heretofore
or may hereafter be discharged from the United States Life-saving
Service, by reason of injury sustained or disability contracted wliile
in the actual performance of their duties in the service, shall be
entitled to receive an amount equal to fifty per cent of wages
received at date of discharge : Providing, also, that surfmeu and
keepers of United States life-saving stations may retire at the age
of sixty years, or after having served continuously for twenty
years, and be entitled to receive an amount equal to fifty per cent
of the wages received at the date of such retirement.
That copies of this resolution be transmitted to each of our Sena-
tors and Representatives in the United States Congress immediately
after the same is adopted.
Ratified this the 18th day of February, A. D. 1909.
RESOLUTION TO PAY EXPENSES OF SUBCOMMITTEE ON
DEAF AND DUMB WHICH VISITED THE INSTITUTE AT
MORGANTON.
Appropriation.
Itemized state-
ment.
Resolved hy the Senate, the House of Representatives concurrlnc;:
Section 1. That fifty-three dollars is hereby appropriated to pay
the expenses of the Senate subcommittee of four which visited and
inspected the School for the Deaf and Dumb at Morganton, and the
auditor is hereby authorized to issue his warrant on the treasurer,
payable to Senator A. P. (Godwin, who will distribute the same, as
follows :
J. C. Mills $13.50
J. L. Scott, Jr 12.50
A. P. Godwin 13.50
J. C. Sherrill 13.50
Total $53.00
Sec. 2. This resolution shall be in force from and after its ratifi-
cation.
Ratified this the ISth day of February, A. D. 1909.
Preamble.
A JOINT RESOLUTION RELATIVE TO THE COMPENSATION
OF JULIAN TIMBERLAKE, JR., CHIEF PAGE OF THE SEN-
ATE, SESSION OF 1907.
Whereas, at the session of the General Assembly of one thousand
nine hundred and seven a joint resolution was adopted by the
House and Senate allowing Winfield Chadwick, Jr., chief page of
1909 — Resolutions. 1349
the House, the sum of ninety doHars as extra compensation, he
having received one dollar per day during said session ; and Preamble,
whereas Julian Timberlake, Jr., the chief page of the Senate, was
allowe<l nothing as extra compensation, and only received for his
services the sum of one dollar per day : now, therefore,
Be it resolved by the Senate, the House of Representatives concur-
ring:
Section 1. That Julian Timberlake, Jr., chief page of the Senate, Allowance.
be and he is hereby allowed the sum of ninety dollars as extra com-
pensation for services rendered as chief page of the Senate for the
session of one thousand nine hundred and seven, the same to be
paid as other expenses of the Senate.
Sec. 2. That this resolution shall be in full force and effect from
and after its ratification.
Ratified this the 20th day of February, A. D. 19U9.
RESOLUTION TO PAY THE EXPENSES OF THE SPECIAL
COMMITTEE FOR VISITING AND EXAMINING THE STATE
HOSPITAL FOR TUBERCULOSIS AT MONTROSE, NORTH
CAROLINA.
Resolved by the House of Representatives, the Senate concurring :
That the sum of forty-six dollars ($46) be and the same is hereby Appropriation,
appropriated and ordered to be paid out of the State Treasury to
the following-named persons :
Senator J. L. Scott .$4.S0 itemized state-
Senator Matthis 4.80 '"^"'^•
Senator Peele 4.00
Representative Campbell 4.80
Representative Floyd 4.80
Representative Underwood 4.80
Representative Braswell 4.80
Representative Bolton 4.40
Representative Pickett 4.40
Representative Smith of Randolph 4.40
Ratified this the 24th day of February, A. D. 1000.
1350
1909 — ^Resolutions.
Lights to be
installed.
Supervision and
direction.
JOINT RESOLUTION TO PROVIDE MORE LIGHTS IN THE
CAPITOL.
Resolved by the House of Representatives, the Senate concurring:
That additional lights, either electric or gas, be installed iu the
corridors and rotunda of the Capitol, and that this work be done
under the supervision and direction of the Committee on Public
Buildings and Grounds, and that they be empowered to place any
other additional lights which in their judgment may be necessary.
Ratified this the 24th day of February, A. D. 1909.
RESOLUTION OF THANKS TO MR. JOHN BLUE AND
MR. TUFT.
Resolved hy the House of Representatives, the Senate concurring:
Preamble. Whereas the General Assembly of North Carolina sent a commit-
tee to visit and inspect the State Sanitarium for Tuberculosis at
Thanks extended. Montrose, North Carolina, we desire to thank Mr. John Blue, presi-
dent of the Aberdeen and Rockfish Railroad, for extending the
special train ; also thank Mr. Tuft, of Pinehurst, for the magnificent
entertainment of our committee. These courtesies were extended
without cost to the State.
Ratified this the 26th day of February, A. D. 100f>.
RESOLUTION TO PAY MISS A. V. MOREL FOR SERVICES AS
STENOGRAPHER TO COMMITTEE ON PRIVILEGES AND
» ELECTIONS.
Resolved by the House of Representatives, the Senate concurring:
Payment. That INIiss A. V. Morel be paid the sum of ten dollars for services
as stenographer for the Committee on Privileges and Elections in
Services. taking the testimony in the contested election of D. M. Stringfield
against Charles T. Williams, from Dare County, and that a warrant
be issued to her for the said amount.
That this resolution take effect from and after its ratification.
Ratified this the 26th day of February, A. D. 1909.
1909 — Kesoltjtions. 1351
resolution to pay members of the committee on
PENAL INSTITUTIONS.
Resolved hy the House of Representatives, the Senate concurring :
That the Auditor of the State be directed to issue a warrant on Appropriation for
the Treasurer of the State to R. R. Cotton, chairman of the House ^°^^'^ committee.
Committee on Penal Institutions, for fifty-three dollars and thirty-
five cents ($53.35), to be distributed as follows :
R. R. Cotton $11.00 Itemized state-
F. W. Hanes 14.70 "'^'^*-
Hugh Bryan 14.70
Dr. J. C. Braswell 12.05
And that the Auditor of the State be and he is hereby directed to Appropriation for
draw his warrant to J. W. Dawes, chairman of the Committee on ^^"^^^^ committee.
Penal Institutions on the part of the Senate, to the amount of
twenty-seven dollars and ninety-five cents, to be distributed as fol-
lows:
Brook Empie $12.95 Itemized state-
U. M. Lee 15.00 ™^"^-
the expenses incurred by the joint committee who visited and in-
spected the railroad camp below Belhaven and the State farm in
Halifax County.
Ratified this the 2d day of March, A. D. 1909.
RESOLUTION PROVIDING FOR THE ELECTION OF TRUS-
TEES OF THE UNIVERSITY OF NORTH CAROLINA.
Resolved by the Senate, the House of Representatives concurring:
That a joint ballot of the two houses be taken on Saturday, Time for joint
February twenty-seventh, at three-thirty o'clock P. M., to elect "^"°*^-
trustees for the University of North Carolina.
Ratified this the 2d day of March, A. D. 1909.
RESOLUTION RELATIVE TO THE ELECTION OF A TRUSTEE
OF THE UNIVERSITY IN PLACE OF GEORGE W. CONNOR,
WHO HAS RESIGNED.
Whereas the Honorable George W. Connor has declined to serve Preamble,
as trustee of the University, to which position he was elected on
last Saturday : therefore, be it
Resolved by the House of Representatives, the Senate concurring:
That the General Assembly go into an election on Tuesday at Time for election.
noon, March second, one thousand nine hundred and nine, to fill the
position so made vacant.
Ratified this the third day of March, A. D. 1909.
1352
1909 — Resolutions.
A JOINT RESOLUTION RELATING TO THE PROMOTION OF
THE FISHERY INDUSTRIES OF NORTH CAROLINA.
Preamble.
Committee to be
appointed.
Members
ex officio.
Duty of com-
mittee.
Report in form
of bill.
Experts from na-
tional bureau.
Powers of com-
mittee.
Realizing the great value of the fisheries to the State of North
Carolina, that these fisheries are being rapidly depleted, and that
some measures are necessary to prevent this depletion, and that
steps should be taken to foster and perpetuate these industries :
therefore be it
Resolved 'by the House of Representatives, the Senate concurring :
Section 1. That there shall be created a committee of seven,
three to be appointed by the Speaker of the House from the mem-
bers of the House of Representatives and two by the President of
the Senate from the members of the Senate. Of the three members
•of the House one shall be from the western part of the State, one
from the central part of the State and the third from the eastern
part. The President of the Senate shall appoint one member from
eastern North Carolina and one from the central part of the State.
None of the seven members of the committee shall be financially
interested in any of the fisheries. The President of the Senate and
Speaker of the House of Representatives shall be members of said
committee.
Sec. 2. This committee shall thoroughly investigate the fisheries
of North Carolina, including fin fish, oyster, clam and other mo-
lusca, crab, lobster, terrapin, etc., and make a report, in the form
of a bill, to be presented to the Legislature of one thousand nine
hundred and eleven, which will embody such legislation as in their
judgment they deem best for the building-up of the fisheries of
North Carolina.
Sec. 3. In order to facilitate the work of this committee, they are
hereby authorized to request the Commissioner of the United States
Bureau of Fisheries to detail one of their experts to sit with the
committee during its deliberations. The committee is further
authorized to visit and examine any portion of the waters of North
Carolina which they deem necessary in order to fully inform them-
selves upon the existing conditions relating to the fishery industries.
This committee is also further authorized to use the State boat
under the control of the Oyster Commissioner in going from one
part of the rivers and sounds of eastern North Carolina to another.
The committee is also further authorized to call in for consultation
the Fish Conimissioner, the Oyster Commissioner, the State Geolo-
gist and other public servants that they believe can give them any
information of value regarding the fishery industries. They are
further authorized to sit at some central point in eastern North
Carolina, after they have visited what places they deem necessary
for the collecting of information, where delegations of fishermen or
1909 — Eesolutions. 1353
representatives of fishermen from various portions of eastern North
Carolina can appear before the committee to give information
regarding the fisheries of the State.
Sec. 4. The committee shall be allowed all their actual expenses Pay of committee.
in attending to this work and four dollars per diem while in the
actual performance of their duties, but the per diem shall not be
for more than thirty days.
Sec. 5. This act shall be in force from and after its ratification.
Ratified this the 4th day of March, A. D. 1909.
RESOLUTION ON BEHALF OF THE CLERKS OF THE HOUSE
AND SENATE.
Whereas the clerks of the House of Representatives and the Preamble,
clerks of the Senate have been true and faithful servants of this
General Assembly and have discharged the arduous duties incum-
bent upon them in a faithful and efficient manner ; and whereas Preamble,
during the latter part of this session the work of the Legislature
has increased to such an extent that they have been required to
work almost day and night in order to keep up with their work :
Resolved hy the House of Representatives, the Senate concurring:
Section 1. That the Principal Clerk of the House of Representa- Principal clerks
tives, his assistants, and the Principal Clerk of the Senate and his
assistants be and they are hereby allowed the sum of fifty cents
per day extra, in addition to their salary.
Sec. 2. That the principal clerks of the House and Senate, respec- Voucliers.
tively, are hereby authorized and directed to issue vouchers there-
for.
Sec 3. That this act shall be in force from and after its ratifica-
tion.
Ratified this the 4th day of March, A. D. 1909.
RESOLUTION TO PAY GEORGE C. FISHER FOR SERVICES
RENDERED AT SPECIAL SESSION OF THE GENERAL
ASSEMBLY OF 1908.
Whereas the session of the General Assembly of one thousand Preamble,
nine hundred and seven passed a resolution allowing the employees
of the House and Senate a sum of twenty-five cents per day in ad-
dition to their regular per diem ; and whereas George C. Fisher, an Preamble.
1354
1909 — Resolutions.
Payment
authorized.
employee of the House, failed, through an oversight, to get this
allowance at the extra session of one thousand nine hundred and
eight : therefore, be it
Resolved hy the House of Representatives, the Senate concurring:
That the auditor is authorized and instructed to draw his war-
rant on the treasurer for the sum of three dollars in favor of the
said George C. Fisher.
This resolution shall be in full force from and after its ratifica-
tion.
Ratified this the 5th day of March, A. D. 1909.
A RESOLUTION TO PAY W. A. THOMPSON FOR SERVICES
RENDERED AS A CLERK TO THE COMMITTEE ON PRIVI-
LEGES AND ELECTIONS.
Resolved hy the House of Representatives, the Senate concurring:
Appropriation. SECTION 1. That the sum of ten dollars ($10) be and it is hereby
Services. appropriated to pay W. A. Thompson as clerk to the Committee
of Privileges and Elections, and the proper authority is hereby
authorized to issue to the said Thompson a warrant therefor.
Sec. 2. That this resolution shall be in force and effect fx'om and
after its ratification.
Ratified this the 5th day of March, A. D. 1909.
Allowance.
Vouchers.
JOINT RESOLUTION RELATIVE TO THE COMPENSATION
OF PAGES.
Resolved by the House of Representatives, the Senate coticurring :
Section 1. That the pages of the House and the Senate be and
they are hereby allowed fifty cents per day extra to the amount
allowed them, and their actual railroad fare from their respective
homes to the city of Raleigh and return.
Sec. 2. That the principal clerks of the House and Senate are
hereby authorized to issue their vouchers, and the Auditor of the
State shall issue his warrants for the same, which shall be paid by
the State Treasurer.
Sec. 3. That this resolution shall be in full force and effect from
and after its ratification.
Ratified this the 6th day of March. A. D. 1909.
1909 — Resolutions. 1355
A RESOLUTION TO PAY THE EXPENSES OF CHARLES
T. WILLIAMS, CONTESTEE IN THE CONTEST OF D. M.
STRINGFIELD FOR A SEAT IN THE HOUSE OF REPRE-
SENTATIVES.
Resolved by the House of Representatives, the Senate concurring :
Section 1. That the auditor be and he is hereby directed to draw Appropriation.
his warrant on the State Treasurer for the sum of one hundred and
six dollars and fifty cents (.$106.50). in favor of Charles T.
Williams, to pay the expenses of the said Williams as contestee in
the contest of D. M. Stringfield for a seat in the House of Repre-
sentatives from the county of Dare, and that the said sum of one
hundred and six dollars and fifty cents (.$106.50) be and it is hereby
appropriated for said purpose.
Expense account $ 56.50 itemized state-
Attorney's fee allowed 50.00
$106.50
Sec. 2. That this resolution shall be in force and effect from and
after its ratification.
Ratified this 6th day of March, A. D. 1909.
JOINT RESOLUTION IN FAVOR OF MRS. S. J. HAYES, A
WIDOW, THE MOTHER OF T. N. HAYES, LATE MEMBER '
OF THE HOUSE OF REPRESENTATIVES FROM WILKES
COUNTY.
Resolved hy the House of Representatives, the Senate concurring :
That the State Auditor be and he is hereby authorized and Appropriation.
directed to draw his warrant on the State Treasurer in favor of
Mrs. S. J. Hayes, a widow, the mother of T. N. Hayes, late a mem-
ber of the House of Representatives from the county of Wilkes, for Amount.
the sum of one hundred and sixteen dollars, the same being balance
of amount which would have been due on the seventh day of March,
one thousand nine hundred and nine, to the said T. N. Hayes as
per diem as a member of the House of Representatives, and the
State Treasurer is authorized and directed to pay the same.
Ratified this the 0th day of March, A. D. 1909.
1356
1909 — Resolutions.
Preamble.
Payment
authorized.
RESOLTJTION IN FAVOR OF BARTLETT Y. HILLTARD,
A CONFEDERATE PENSIONER.
Whereas Bartlett Y. Hilliard, a Confederate pensioner, of
Watauga County, made application for a Confederate pension
before the Pension Board of Watauga County for the year one thou-
sand nine hundred and seven, and said application was favorably
passed on by said pension board, and said application, through an
inadvertence of the clerk of said board, was not transmitted to the
auditor, and said mistake was not discovered until the next year,
when same application, under a change of date, was forwarded and
paid for one thousand nine hundred and eight :
Resolved by the House of Representatives, the Senate concurring :
That the auditor is hereby directed to issue his warrant to the
treasurer in favor of said Bartlett Y. Hilliard for twenty-five
dollars, and the treasurer is hereby instructed to pay the same out
of any unexpended moneys belonging to the pension fund.
Ratified this 6th day of March, A. D. 1909.
JOINT RESOLUTION AUTHORIZING THE BOARD OF DI-
RECTORS OF THE NORTH CAROLINA SOLDIERS' HOME
TO PURCHASE SUITS OR UNIFORMS OF CONFEDERATE
GRAY FOR THE OLD SOLDIERS AT THE SOLDIERS'
HOME.
Purchase of uni-
forms authorized.
Use of uniform.
Appropriation.
Resolved by the Senate, the House of Representatives concurring:
Section 1. That the Board of Directors of the North Carolina
Soldiers' Home be and they are hereby authorized and directed to
purchase one suit or uniform of Confederate gray each year, if
necessary, for the use and wear of each old soldier at said home,
and when any old soldier shall leave said home or shall die he may
take .said suit or uniform with him or may be buried in said suit
or uniform.
Sec. 2. That the sum of one thousand dollars, annually, or so
much, thereof as may be necessary, is hereby appropriated for said
purpose out of any funds in the treasury not otherwise appropri-
ated.
Sec 3. This resolution shall be in force and effect from and
after its ratification.
Ratified this the 6th day of February, A. D. 1909.
1909— Eesoltjtions. 1357
JOINT RESOLUTION RELATIVE TO ESTABLISHING A COAL-
ING STATION AT SOUTHPORT. NORTH CAROLINA.
Whereas it has been made manifest by figures and facts pre- Preamble.
sented to this body that a great saving in cost, in insurance, in
time, in distance, on a great portion of the nation's commerce and
on the cost of the direct coal supply and provisions for the United
States Navy and War Departments by the establishment of a United
States coaling station at Southport. North Carolina, and by utiliz-
ing the Cape Fear River for over twenty miles to Wilmington ; that
a great inland safety harbor can be established at small cost that
will be closer to the center of population, and to serve the great coal
fields of the South, the commerce of the Northwest, the West and
Middle Southwest ; and whereas Southport is the closest harbor preamble,
with a great river that can be cheaply made available for ocean
steamers drawing thirty feet of water to run twenty miles back
from the ocean and be closer to the Tennessee coal fields than any
other such harbor to any other American coal fields on the North
American continent, by nearly a hundred miles, that can be made
available for so small an amount of money, and which will be the
closest tidewater that can float the American navy by nearly a hun-
dred miles, to the great bread, meat and grain producing States
than any other harbor on the coast of the United States that can be
equipped with so small an amount of money ; and whereas South- Preamble,
port is south of Cape Hatteras, the most dangerous portion of the
United States to commerce, to life and to vessels sailing from the
English and eastern ports for Southern and Pacific ports ; and Preamble,
whereas all commerce going and coming from the great Northwest.
West and Middle Southwest to the Gulf of Mexico, to South
America and to Panama Canal and Pacific commerce and China and
Japan ; and whereas all navy ship supplies taken on at Southport, Preamble.
North Carolina, will be from six hundred to one thousand miles
nearer all South African, all the West Indian, all the Gulf, all the
South American, all the Pacific and foreign ports of China and
Japan reached by the Panama Canal, and save over two and a half
millions of dollars a year on coal alone consumed by the United
States Navy ; and whereas the great wreckage and loss of life and Preamble,
vessels and the heaviest additional insurance, except that of passing
Cape Hatteras, on American commerce, between the Gulf, South
American and Pacific commerce, is in passing the Bahama Banks,
the Straits of Florida to enter the Gulf and through the West
Indian islands to enter the Caribbean Sea to reach the Panama Preamble.
Canal ; and whereas it has been made manifest and demonstrated
by Government statistics and facts, and shown by accurate maps
that nearly all of these dangers, risks and extra insurances
and nearly a thousand miles in distance can be saved for Gulf.
Caribbean Sea and Panama and Pacific commerce by cutting a sea- Preamble,
level canal through Florida ; and whereas the saving in time, rate
and insurance that can be made, utilizing Southport and the
1358
1909 — Resolutions.
Preamble.
Preamble.
Preamble.
Preamble.
Preamble.
Preamble.
Florida Caual for Gulf, Caribbean Sea, Panama and Pacific coast
commerce, back and forth from the center of American population,
and the Northwest, West and Middle Southwest, will in less than
five years far exceed the amount of money needful to secure thirty-
five feet depth of water at Southport, North Carolina, for a United
States Navy coaling station, and thirty feet depth of water for over
twenty miles inland to the city of Wilmins^ton, and twenty-five feet
depth of water through Florida, all of which can be accomplished
within five years from the beginning of actual work by an expendi-
ture of one million a year for Southport and five millions a year for
the Florida canal ; and whereas the difference in time made
between the movement of freight by water and by rail is that by
rail the average time on nonperishable commerce is three miles an
hour, while the average time by steamship is twelve miles an hour
and by sail ship eight miles an hour ; and whereas, in one thousand
nine hundred and eight, the United States Navy used eight hundred
and thirty-six thousand three hundred and eighty-nine tons of coal,
at a cost of six dollars and eighteen cents a ton, practically all
delivered north of Cape Hatteras ; and whereas all this coal can be
delivered to the navy by the establishment of a United States Navy
coaling station at Southport, south of Cape Hatteras, at a saving of
two dollars and fifty cents a ton, and consequently a proportionate
saving in rate on the other supplies for the soldiers that man the
navy and for the ships handling Gulf, South American, Panama and
Pacific commerce; and whereas the freight rates per ton per mile
by water on canal, river, lakes and Gulf commerce is four-fifths of
one mill per ton per mile, while by rail it is twelve mills per ton per
mile, moving only thrfee miles an hour by rail, against eight and
twelve miles an hour for four-fifths of a mill per ton per mile by
water; and whereas, in time saved, insurance saved, in freight
saved, in distance saved, by land and water, by u.sing Southport and
the Florida Canal for the commerce from the West, the center of
American population, and the great Tennessee coal fields, for the
Gulf, the Caribbean Sea, West India, Panama, South American and
Pacific trade, it can be shown that the annual saving will be over
ten million dollars per annum, and that the saving for two and a
half years will equal the cost of the sea-level canal, with twenty-
five feet depth of water, from the Atlantic through Florida to the
Gulf, and establish the coaling station and harbor at Southport, and
will save by the Florida canal over two hundred million dollars'
worth of the richest land on earth, and will develop a country on
both sides of the canal for over two hundred and fifty miles that
will surpass in fertility and beauty the Valley of the Nile, and the
health of which cannot be surpassed in the world ; and whereas,
when the canal which is now being constructed from Chicago to the
Mississippi River is opened and the Panama Canal is opened, there
is no inland water way on earth that will offer a greater saving, in
time, in insurance rates and in freight rates, in loss of life and
1909 — Kesolutions. 1359
ships by wreckage, than the Florida canal, opened in connection
with Southport harbor and all Atlantic ports south of Cape Hat- Preamble.
teras ; and whereas all of the United States Government tidewater
coaling stations are now reached by long railroad hauls from the
coal fields, at a very high rate, and are practically all north of
Cape Hatteras ; and whereas seventy-five per cent of all the tide- preamble.
water expenditures by the nation on the Atlantic coast since the
nation's existence has been north of Cape Hatteras :
Therefore, these facts, taken with the fact that the South in the
past three decades has grown faster in the development of its agri-
cultural, mineral, timber, water powers, manufacturing wealth and
the establishment of pleasure resorts for summer and winter than
any other territory of the same size in the world ; and whereas the preamble,
great grain fields and cities of the West and the whole South have
for years desired the establishment of a great Southern port of
entry on the South Atlantic coast which could be reached by the
shortest possible railroad lines from the Western grain fields and
the center of American population to tidewater ; and whereas the Preamble.
South and West are year by year coming more and more to realize
that their mutual interest can best be served by joint co-operation
in securing through Congress these needful and merited public
improvements that they are jointly entitled to ; and whereas practi- preamble,
cally all the long-line haul of the great trunk-line systems of rail-
roads south of the Ohio and east of the Mississippi River is north
and south ; and whereas, because of this reason, they are not inter- preamble,
osted in a great direct East and West trunk line and the establish-
ment of a great seaport in the middle of the long haul ; and whereas Preamble,
tlie changing of the Isthmian Canal to Panama added an additional
two-thousand-mile longer route to the commerce of the Ohio and
Mississippi valleys and the Gulf States and the South Atlantic
States to reach the Pacific coast, throwing the route for the Pan-
ama Canal commerce through the dangerous West Indian passes
instead of via the Gulf for eastern commerce, unless the Florida
Canal is constructed ; and whereas the rate of insurance per ton for Preamble,
risk of passing and repassing of Cape Hatteras for the past three
decades has been an aggregate of . . . .and the number of lives lost
for the same period has been , and the value of commerce lost
has been .$ , and the number of ships has been and
their total value, as near as can be estimated, has been $ ;
and whereas certain States in the South, by public State aid and Preamble,
public county aid, and under the executive control of the State of
North Carolina and in the States of Tennessee and South Carolina
are co-operating with each other to secure an independent east and
west line of railroad, with connection from the great West through
the center of American population, the Tennessee coal fields,
through to tidewater on the North Carolina coast ; and whereas the Preamble.
States of Minnesota, Nebraska, Kansas, Iowa, Wisconsin, Michigan,
Ohio. Indiana. Illinois, Kentucky, Missouri, Arkansas, Oklahoma,
1360
1909 — !RESOLUTIo^^s,
Preamble.
Preamble.
Preamble.
Preamble.
Preamble.
Attention of
congress called
to facts.
Co-operation
requested.
Texas, Louisiana, Mississippi, Alabama, Tennessee, North Carolina^
South Carolina, Georgia and Florida, who paid out of the total
internal revenues for one thousand nine hundred and seven (a nor-
mal year) one hundred and seventy-nine million seven hundred and
eighteen thousand and twenty-two and sixty-seven cents ($171),-
718,022.67), against the total internal reveinie receipts to the
Government of two hundred and sixty-nine million six hundred and
sixty-four thousand and twenty-two and eighty-five cents ($269,-
664,022.85) ; and whereas every one of these States will be both
directly and indirectly benefited by the opening of the Southport
harbor and the construction of the Florida Canal ; and whereas
these internal revenue taxes paid b.v these States is a more direct
tax on the people of these States and on their effort to employ labor
and manufacture the products of their own resources than any
tariff or duty collected at the custom house ; and whereas these
improvements for better transportation facilities, both by water
and by land, will largely increase the manufacturing and general
development that produces internal revenue in these States; and
whereas less than three per cent per annum, for five and a half
years, of the amount these States pay for the support of the
National Government will make these needful improvements, which
is but a righteous and just compensation for their paying seventy-
five per cent of the entire internal revenue, which is a direct tax on
the people of these States for the support of the nation, and not one
of them but would increase by fourfold the three per cent expended
from their own annual income for the support of the nation by
making these improvements for the benefit of the whole nation;
and whereas, by the unanimous and hearty co-operation of all of
these States, by resolution and petition to Congress, they can secure
congressional aid for these improvements that will break up the
monopoly of the South and Western commerce, wherein it is com-
pelled to pay for the long hauls and to carry the dangers of Cape
Hatteras, the danger of the Bahamas, the West Indies, of the
Florida Straits, and, with the nation, carry their portion of the
burden of extra tax to pay six dollars and eighteen cents a ton on
nearly a million tons of coal per annum for the supply of our great
navy, when these public 'improvements will cause this coal to be
delivered at three dollars and sixty-eight cents a ton, if not at two
dollars and fifty cents a ton, with Government co-operation ; and a
like saving on food supplies for the navy, which means the same
saving for coal for all ships plying in Gulf and Pacific ports, doing
commerce with our eastern seaboard, and western Europe reached
by way of the Panama Canal : therefore, be it
Resolved &y the House of Representatives, the Senate concurrhuj:
That we most respectfully call the attention of the Honorable
Senators and members of the United States Congress to these facts,
and respectfully request their co-operation with the honorable Sena-
1909 — Kesolutions. 1361
tors and members from this State to secure the ueedful appropria-
tion per annum, to be distributed over a period of not exceeding live
years, to secure these greatly needed improvements, a deep-water Objects sought.
harbor and United States navy coaling station at Southport, North
Carolina, and the opening of the Florida Canal from the month of
the St. Johns River via Jacksonville, Florida, which will consist
chiefly in dredging out deeper the St. Johns to its fountainhead,
with a short cut across to the Kissimmee River and the great Lake
Okeechobee, and the dredging out of the Caloosahatchee River from
there to the Gulf of Mexico, which, combined with the harbor at
Southport, will enable commerce from the Northwest, West, the Value of work,
great Middle Southwest and the center of American population, and
from the Tennessee coal fields, to escape all the dangers of Cape
Hatteras, the Bahama Banks, the Florida Straits and the "West
India Islands, to serve the commerce of the Gulf, of the Panama
Canal and the Pacific coast, in the interest of the nation at large.
Ratified this the Sth day of March, A. D. 1809.
RESOLUTION CONCERNING CERTAIN EMPLOYEES OF THE
GENERAL ASSEMBLY.
Whereas the laborers employed in the House of Representatives Preamble.
and in the Senate have served faithfully and acceptably ; and Preamble,
whereas they have been engaged in the discharge of their duties
both night and day : therefore, be it
Resolved hy the' House of Representatives, the Senate concurring:
First. That the pay of said laborers of the House of Representa- Allowance.
fives and of the Senate be and the same is hereby increased fifty
cents per day; that this resolution shall apply to the Sergeant-at- Application.
Arms and Assistant Sergeant-at-Arms of the Senate and the Door-
keeper and Assistant Doorkeeper of the House.
Second. This resolution to be in effect from and after its ratifi-
cation.
Ratified this the Sth day of March, A. D. 1909.
A RESOLUTION IN THE INTEREST OF CERTAIN CLERKS
OF THE GENERAL ASSEMBLY.
Whereas the Engrossing Clerk of the House and his assistants Preamble,
and the Engrossing Clerk of the Senate and his assistants and the
Chief Clerk of the Enrolling Department and his assistants have
been true and faithful clerks of the General Assembly and have
Pub.— 8G
1362
1909 — IIesoll-tions.
Allowance to
engrossing and
enrolling clerks
and assistants.
Vouchers.
discharged arduous duties encumbered upon them, in a faithful and
etiicient manner ; and whereas during the latter part of the session
the work of the Legislature has increased to such an extent that
they have been required to work day and night in order to keep up
with their work : therefore, be it
Resolved hy the House of Reprcucniatlvc.s, the ticiutte coiiciirriiif/:
Section 1. That the Engrossing Clerk of the House and his assist-
ants and the Engrossing Clerk of the Senate and his assistants and
the Chief Clerk of the Enrolling Department and his assistants be
and they are hereby allowed fifty cents per day extra pay. in addi-
tion to the pay now allowed them.
Sec. 2. That the Principal Clerks of the House and Senate are
hereby authorized to issue their vouchers for said clerks and assist-
ants, and the Secretary of State for the Enrolling Department, and
the Auditor of the State shall issue his warrants for the same,
which shall be paid by the State Treasurer.
Sec. 3. This resolution shall be in full force from and after its
ratification.
Ratified this the 8th day of March, A. D. Itl0!>.
RESOLI'TION CONCERNING CLERKS TO THE COMMITTEES.
Allowance to
clerks of com-
mittees.
Resolved by the House of Representatires, the Senate foncitrrhig :
Section 1. All clerks to the committees of both houses shall
receive, in addition to their actual per diem, their actual railroad
fare or mileage.
Sec. 2. That this resolution shall be in force from and after its
ratification.
Ratified this the Sth day of March, A. D. in09.
Appropriation.
A RESOLUTION TO PAY THE COSTS INCURRED BY THE
SPECIAL COMMITTEE APPOINTED TO CONSIDER THE
REPORT OF THE AUDITING COMMITTEE OF THE LAST
GENERAL ASSEMBLY.
Resolved by the House of Representatives, the Senate eoncurrino :
That the sum of one hundred and nine and eighty-five one-
hundredths dollars is hereby appropriated to pay the expenses
incurred by the special committee to which was referred the report
of the Auditing Committee of the last General Assembly: and the
1909 — Eesoll-tio.xs. 1363
auditor is Iiereby authorized to issue bis warrant on the treasury,
payable to the persons and for the amounts named below, which
aggregate the sum appropriated herein.
Amounts and to whom payable, as follows :
Miss A. V. Morel .$40.00 Itemized state-
Miss Annie L. Augel o.OO "^^ ^ '
Miss Francis Goode 12.00
Roscoe W. Turner 22.4.5
T. W. Blount 15.40
W. T. Smith 15.00
Resolved, That this resolution shall be in force from and after its
ratification.
Ratitied this the Sth day of March. A. D. ivm.
JOINT RESOLUTION FOR THE RELIEF OF CAPT. W. S.
LINEBERRY.
Whereas Capt. W. S. Lineberry, one of the employees of the Preamble.
House, during the absence of the Doorkeeper and Assistant Door-
keeper, acted as Assistant Doorkeeper for ten days ; and whereas Preamble,
the pay of the said Lineberry was only two dollars and fifty cents
per day and the pay of the Doorkeeper and Assistant Doorkeeper
is four dollars ($4) per day: therefore, be it
Resolved 1)1/ the House of Representatives, the Heimte eoneurriiig:
Section 1. That the said (Japt. W. S. Lineberry be allowed the Allowance.
additional sum of one dollar and fifty cents per day for ten days'
service while he acted in the capacity of Assistant Doorkeeper,
making the total amount he receives fifteen dollars, in addition to
what he may be allowed as employee of the House.
Sec. 2. This resolution shall take effect from and after its ratifi-
cation.
Ratified this the Sth day of March. A. D. 11)00.
JOINT RESOLLTION PROVIDING CONTINGENT APPROPRIA-
TION FOR MAINTENANCE OF THE- CENTRAL HOSPITAL
AT RALEIGH.
Resolved by the Senate, the Hrmse of Representatives concurring:
Section 1. That a sufficient sum is hereby ajipropriated from any Appropriation,
moneys in the State Treasury not otherwise approi)riated to meet
all expenses of maintenance at the Central Hospital at Raleigh,
1364
1909 — Resolutions,
made necessary by the reception of epileptic patients in said institu-
Proviso: approval tion : Provided, tbat all sums drawn under this appropriation shall
Proviso: limit per t»e first approved by the Council of State : Provided further, tbat
'^^P^*^- not more than one hundred and seventy dollars jycr capita per year
for the inmates so received shall be appropriated.
Sec. 2. Tbat this resolution shall be in force from and after its
ratification.
Ratified this the Sth day of March, A. D. l(!On.
Appropriation.
Items.
A RESOLUTION TO PAY THE EXPENSES OF D. M. STRING-
FIELD, CONTESTANT FOR A SEAT IN THE HOUSE OF
REPRESENTATIVES.
Resolved by the House of Representatives, the Senate concurrinu :
Section 1. That the auditor be and he is hereby directed to draw
his warrant on the State Treasurer for the sum of one hundred and
twenty-three dollars and fourteen cents ($123.14) in favor of D. M.
Stringfield, to pay the expenses of said Stringfield in contesting the
seat of Charles T. Williams in the House of Representatives from
the county of Dare, and that said sum be and it is hereby appropri-
ated for said purpose.
Expense account $ 73.14
Attorney's fees allowed 50.00
$123.14
Sec. 2. That this resolution shall be in force and effect from and
after its ratification.
Ratified this the Sth day of March, A. D. IHOO.
RESOLUTION IN FAVOR OF W. 1'. RURRUS.
Resolved by the House of Representatives, the Senate concurring:
Claim referred. That the claim of W. P. Burrus for labor performed for the
Oyster Commission be and the same is hereby referred to Y. T.
Ormond, J. R. Gordon and R. A. Doughton, with like power as con-
tained in the resolution heretofore passed relating to the claim of
the Oyster Commission against the State.
Ratified this the Sth day of March, A. D. l^m.
1009 — Resolutions. 1365
JOINT RESOLUTION TO PURCHASE SETS OF PELL'S RE-
VISAL OF 190S FOR USE OF COURTS, STATE OFFICERS
AND GENERAL ASSEMBLY.
Whereas the statutes of the State have recently been codified, Preamble,
annotated and published in volumes entitled "Pell's Revisal of
1908" ; and whereas it is greatly to the interest of the State Govern- Preamble,
ment and to the public that our courts, executive officers and the
General Assembly have in their possession for reference and guid-
ance copies of this work : therefore, be it
Resolved by the Senate, the House of Representatives concurring :
First. That the Secretary of State be and he is hereby author- Purchase for
ized to pui'chase ninety-eight sets of said Pell's Revisal of one thou- ^^^'^ '^®"
sand nine hundred and eight, at the best price obtainable, having
reference to the number of volumes purchased, and to forward one
set to the clerk of the Superior Court of each county, to be placed
by him with the State Supreme Court Reports in the court room of
the courthouse for the exclusive use of the judges who may hold
the courts of such county ; that upon the binding of each book the
Secretary of State shall cause to be printed the words "This book
is the property of the State of North Carolina. Do not remove from
the court room."
Second. That said Secretary of State shall also be authorized to Purchase for
purchase for the use of subsequent sessions of this General general assembly.
Assembly twenty sets of said Pell's Revisal, to be placed in the
libraries of the two houses of the General Assembly, as called for
by resolution of such body, and that he also be authorized to buy Purchase for state
twenty-five sets of said Revisal to be distributed among the various departments.
offices of the State Government upon requisition of the chief officer
thereof ; that upon the binding of these books he cause to be printed
the words "This book is the property of the State of North Caro-
lina."
Third. That the State Treasurer shall pay for the books herein Payment,
authorized to be purchased, out of the moneys not otherwise appro-
priated, upon warrant drawn by the auditor.
Ratified this the Otli day of March, A. D. IDOO.
JOINT RESOLUTION RELATIVE TO MAKING THE STATE
CAPITOL A SAFE PLACE TO WORK.
That whereas there has been complaint for some years that the Preamble.
State Capitol of North Carolina is not a hygienic and sanitary
building nor a fit and safe place to work, on account of the defective
1866
1900 — Resolutions.
Committee to
investigate con-
ditions.
Action to be
taken.
Report.
and insufficient ventilation of said building ; and whereas the illness
and death of certain members of the General Assembly have been
attributed to said condition : now, therefore, be it
Resolved hij the Senate, the House of Representatives concurring :
Section 1. That the Governor and the Coimcil of State, together
with the secretary of the State Board of Health, be and they are
hereby constituted a committee to fully investigate the aforesaid
alleged unsanitary condition of the State Capitol and employ an
expert to assist them in said investigation, and to take such action
as to them shall seem necessary to properly ventilate and to make
the State Capitol a safe place to work prior to the convening of the
next regular session of the General Assembly; and upon the requisi-
tion of the Governor the State Auditor shall draw his warrant upon
the State Treasurer for such amount as said committee may find it
necessary to expend in said ventilation of the Capitol ; and tlie said
committee shall make report of its proceedings to the next session
of the General Assembly.
Sec. 2. This resolution shall be in force and effect from and after
its ratification.
Ratified this the 9th day of March, A. D. 1909.
RESOLUTION IN REGARD TO THE HIGHER EDUCATION OF
THE BLIND.
Preamble.
Preamble.
Preamble.
Be it resolved by the Senate of North Carolina, the House of Repre-
sen tatives concurring :
That whereas the nation has committed itself to the policy of
special educational aid to those who, through misfortune, are not
able to avail themselves of the ordinary facilities for higher educa-
tion, by the establishment and maintenance for over forty years of
a college for the deaf at Washington, District of Columbia, which is
open to all eligible applicants throughout the United States, free of
charge ; and whereas there are a number of blind persons in the
United States who, with similar opportunities for higher education,
would become valuable citizens of the country, useful and pro-
ductive members of society and in some cases leaders in their
communities and in the nation at large; and whereas, at present,
although it is fully recognized that it is by the brain rather than
by the hand that the blind are most sure to succeed, and that to
none does a successfully pursued college course promise more than
to the blind, yet only a very small number of blind persons, being
such as are possessed of exceptional force of character and of inde-
pendent financial resources, are able to obtain such benefits of
higher education : therefore, be it
1909 — Eesolutions. 1367
Resolved, That the Congress of the Uuited States be respectfully Establisliment of
requested to establish a national college for the blind, which shall fo^p \°he'^bii°/d^^^
provide for the higher general and musical education of that class, requested,
upon the same terms and conditions as now preA-ail in case of the
deaf.
Be it further resolved, That a copy of this resolution be sent to Copy of resolu-
each of the Senators and Representatives in Congress from this coiigressmen" °
State and that they be requested to support the same.
Ratitied this the 0th day of March. A. D. 190!).
JOINT RESOLUTION BY THE SENATE AND HOUSE OF
REPRESENTATIVES PETITIONING THE UNITED STATES
CONGRESS TO MAKE SURVEY OF SCUPPERNONG RIVER.
Resolved by the House of Representatives, the Senate concurriny:
That the United States Congress be memorialized to appropriate Memorial to
the necessary funds and authorize the survey of Scuppernong River, Wofk'^desired
in Washington County, to its head ; then extend the survey south to
Lake Phelp ; thence southerly to the nearest point of Pungo River,
with a view to estimating the cost of the construction of a canal
for commercial purposes.
Ratified this the !)th day of March. A. I). TWO.
RESOLUTION CONCERNING FREIGHT RATES.
Whereas it is the sense of the General Assembly of North Caj-o- Preamble,
liua that the cities, towns and industries of this State should have
the benefit of the same relative freight rates from our ports as the
inland cities, towns and industries of the States of Virginia and
South Carolina from their respective ports: therefore, be it
Resolved by the General Assembly of North Carolina:
SixTiox 1. That the Corporation Commission be and it is hereby Corporation com-
authorized and directed, without unnecessary delay, to investigate "esuTte^frT
fully all matters pertaining to such freight rates, and to put in rate.s.
force in this State the same relative rates for North Carolina cities,
towns and industries from oui- ports as the cities, towns and indus-
tries of the States of Virginia and South Carolina have from their
ports, in so far as the same may not bo unfair and unjust. The Report to general
said Corporation Conmiission is hereby further directed to report ^^^^'"'^^y-
to the next General Asseml)ly of North Carolina all the facts and
circumstances and evidence relative to or disclosed upon such in-
vestigation.
Sec. 2. This resolution shall be in force from and after its ratifica-
tion.
Ratified this the 9th day of March, A. D. 1909.
1368
1909 — Resolutions,
A RESOLUTION FOR THE RELIEF OF N. G. PHILLIPS.
A LABORER.
Resolved by the Senate of North Carolina, the Houf<c of Representa-
tives concurring:
Allowance. SECTION 1. That N. G. Phillips, a laborer, be allowed the sum of
twenty-five and ten one-hundredths dollars for doctor's bills and
expenses for coining and going from Raleigh, to be paid out of any
fund in the treasury.
Sec. 2. This resolution shall be in force from and after its ratifi-
cation.
Ratified this the 9th day of March, A. D. 1909.
A RESOLUTION RELATING TO ELECTION OF DIRECTORS
OF SANATORIUMS FOR TREATMENT OF TUBERCULO-
SIS.
Preamble. Whereas, it appearing that the terms of I. E. Green, Y. T. Ormond
and W. H. Whitehead as directors of the first class of the North
Carolina Sanatorium for the Treatment of Tuberculosis, under
chapter nine hundred and sixty-four. Laws of one thousand nine
hundred and seven, expire with this session of the Legislature :
Resolved by the Senate, the House of Representatives concurring:
Directors named. That D. B. Smith, Y. T. Ormond and W. H. Whitehead be and
they are hereby elected trustees of said North Carolina Sanatorium
for the Treatment of Tuberculosis to fill the vacancies caused by
the expiration of the terms of the members of the first class men-
tioned above.
Ratified this the 9th day of March, A. D. 1909.
Addition to com-
mittee.
JOINT RESOLUTION APPOINTING J. A. MITCHENER A
MEMBER OF THE H. L. WYATT MONUMENT ADVISORY
COMMITTEE.
Resolved by the Senate, the House of Representatives concurring:
That J. A. Mitchener, of Selma, North Carolina, who inaugurated
the movement for the erection of a monument to Henry L. Wyatt,
be added to the advisory committee appointed to act in concert with
the joint committee of the Senate and House of Representatives
having in charge the erection of such monument.
Ratified this the 9th day of March, A. D. 1909.
1909 — Kesolutions. 1369
JOINT RESOLUTION OF THANKS TO CAPITAL CLUB.
Resolved hij the Senate, the House of Representatives concurring:
That a vote of tliauks be given the Capital Club of Raleigh Thanks given.
for the many courtesies extended to the members of the General
Assembly.
Ratified this the 9th day of March, A. D. 1909.
JOINT RESOLUTION RELATING TO LAND TITLES, ETC.
Whereas the present system of titles to real property is expensive. Preamble,
cumbersome and not adapted to the demands of modern business ;
and whereas the system known as the Torrens land-title system has Preamble,
been adopted in a number of States with apparent satisfaction ; and Preamble,
whereas there is a demand in North Carolina for the improvement
of our laws regulating titles and methods of converting real prop-
erty into ready assets : therefore.
The House of Representatives do resolve, the Senate concurring:
First. That a commission, consisting of five persons, be appointed p„o^g'{^^sjo^^°t^o
by the Governor to investigate this subject and report to the be appointed.
General Assembly in session in one thousand nine hundred and ^^°^ ■
eleven.
Sei-ond. That the members of this commission shall serve with- Commssion^
out pay.
Ratified this the 9th day of March, A. D. 1909.
RESOLUTION AS TO ADJOURNMENT.
Resolved hy the House of Representatives, the Senate c^"'''"'*"^^-' ^{j^^^J^^^^^^^g'^t^ °^
That the Legislature adjourn sine die at two o'clock today.
Ratified this the 9th day of March, A. D. 1909.
STATE OF NORTH CAROLINA,
Office of Secketaby of State,
Raleigh, March 30, 1000.
I. J. Bryan Grimes, Secretary of State, hereby certify that the
foregoing (manuscript) are true copies of the original acts an<l
resolutions on file in this office. j ^^^^^^ GRIMES,
Secfefary of S'tatr.
NOTE.
The General Assembly enacted a law providing for the classifi-
cation and publication of the acts of the General Assembly into
public, public-local and private laws.
This act was delayed in passage and did not become a law until
March 3d, at which time more than 600 acts had been sidenoted
and classified, as provided in section 5349 of the Revisal of 1005,
and delivered to the State Printers, and several hundred pages
had been printed, so it was too late to change the arrangement for
1Qf)Q
J. BRYAN GRIMES,
Secretary of State.
March 30, 1909.
INDEX
TO THE
PUBLIC LAV^S,
SESSION 1909.
A.
PAGE.
Advertisemeut of laud entries (Graham County) 1172
Advertisement of sale t)f laud (Graham Coimty) 1172
Advertisemeut of public sales 1283
Advertisement of sales of real estate 1102
Advertisemeut of public sales 1171
Agricultural Experiment Station, State Printer to print bulletins 1003
Agricultural and vegetable seed, purity and viability 1331
Agriculture, Board of:
made Crop-pest Commission 109
to sell test farms 115
Ahoskie Swamp, protection of property owners 896
Ahoskie Township, line changed 1077
Alamauce Battle Grounds Company incorpouated 1106
Alamance County :
game law IIOS
game law ( foxes ) 979
sales of refreshments at high schools 882
sawdust in streams of 818
Albemarle Sound, fishing 809
Alexander County :
protection of quail I74
road law repealed 1173
Alleghany County, justices of the peace .54
Alleghan.y, Ashe and Watauga counties, condemnation of land for mills. . 333
Alleghany and Wilkes counties, dividing line 83
Alligator Township, Dillon Road 1062
Anson County :
automobiles 55
betterment of schools 922
hunting 49
special tax 14.3
Anson and Scotland counties :
relief of surveyors 384
surveyors giving testimony 47
Anson and Richmond counties, for relief of prisoners awaiting trial 1136
1372 1909— Index.
PAGE.
Antitoxin, diphtheria, to provide for indigents 446
Appeals from .iustices of the peace in civil actions 1301
Appropriations :
for maintenance of schools 868
for public schools (by State) 1154
for State institutions 773
Approval of securities 1324
Arrington, G. N., E. S. Morgan and J. W. Thomison, appointed justices. . 40
Ashe County :
bond election validated 831
engine inspector 968
finance committee 136
graded road 157
graded road 807
road law 378
sale of county home 467
special tax 88
special tax (bridges) 116
stock law 144
Ashe, Alleghany and Watauga counties, condemnation of land for mills. . 333
Ashe and Wilkes counties, boundary line 249
Assignments for benefit of creditors, law relating to, amended 1322
Assistant Librarian of Supreme Court, salary 1111
Asylums, insane, property of insane persons when discharged from 191
Atlantic Township :
deer ! 431
fishing 981
Attorney-General :
allowed a law clerk 1181
reports from clerks Superior Court 650
Aurora (town) and Richland Township, recorder's court 851
Automobiles :
general law 765
Alison County 55
Cumberland County 201
Edgecombe, Rowan and Nash counties 549
Harnett and Johnston counties 2l4
New Hanover County 1137
New Hanover Coimty ( license) 78
Sampson County 206
Averysboro and Grove townships, game law (hunting) 1313
B.
Bailey's Methodist Church, prohibition 1312
Banks :
liability for forged or raised checks 125
minimum capital 1314
1909— Index. 1373
PAGE.
Bauuer Township, road law 8^2
Bates, T. N., for relief of 302
Bath Creek, fishing 9-"55
Bearsliiu, Little Coharie, Big Coharie, Six Runs and Black River, fish-
mg in ^^ '
Beaufort County:
bonds
517
46
number of commissioners
special tax ^^-^
Beaufort Harbor and Old Topsail Inlet, rates of pilotage 284
Beaver Dam Township, road law 405
Beaver Dam Ward, road law 551
Belhaven (town) and Pantego Township, recorder's court 1120
Bell, J. G., appointed justice ^^^'^
Bertie County :
acts of justice of the peace validated 299
game law
oflace of treasurer.
1109
1089
relief of prisoners ^'^^^
road law amended -^3
tenant law • • • • "^
Bertie and Northampton counties, Sunday excursion trains forbidden .... lOGl
Bicentennial of New Bern -^^
Big Coharie, Little Coharie, Bear Skin, Six Runs and Black rivers, fish-
ing in ^3 '
Big Ivy Creek, sawdust in 1^^
Birds, dogs not to run at large during breeding season of 1120
Black .Jack Township, road law 277
Blacklisting of employees, to prevent 1259
Black River, fishing 834
Black River, Six Runs, Big Coharie, Little Coharie and Bear Skin rivers,
fishing in 1'^ '
Bladenboro Township, bonds '^^'^
Bladen County :
bonds by townships 325
chain gang ^^^
fees of officers ^^'^
road law
204
Superior Courts '*1^
Blount's Creek, fishing 955
Board of Agriculture :
made Crop-pest Commission 109
to sell test farms H''^
Boards of education, election of (general) 6.j1
Board of Education (State) :
protection to lands of 1303
special school appropriation 8G8
to join in drainage district 871
1374 1909— Index.
PAGE.
Board of Education. Dare County, meetings 926
Board of Education :
Durham County, funds for school buildings 1079
pay ^. 904
Guilford County, pay 398
Haywood County, to sell property 425
Moore and Lee counties, renewal notes to State board 996
Robeson Coimty, for relief of 406
Wake County, to borrow money 86
Board of Internal Improvements, law as to, amended 1291
Board of Public Charities:
appointment of members 855
relating to 1307
Boats, to prevent burning of 1257
Boats and tugboats liable for supplies 159
Bogue Banks, hunting 543
Bolton To^\^lship created 427
Bonds :
Beaufort County 517
Bladenboro Township 969
Boonville Township 936
Buncombe County (fmiding) 110
Caliarrus County 982
Carthage Township . 43
Carteret County (bridges) 239
Castalia Township 1190
Caswell Coimty 177
Chatham County 86
Cleveland County 1066
Columbus Township 622
Craven County 1209
Cross Creek Graded Schools 341
Cumberland County, bridge 375
Durham County 264
Edgecombe County 1149
Gaston County 1148
Granville County 776
Greene County 554
Halifax County 516
Harnett County 335
Hyde County 181
Lee County 248
Lexington Township 1080
Lincoln County (repealed) 417
McDowell County 135
Monroe Township 1163
Moore County, bridges 188
1909 — Index. 1375
Bonds : page.
Moore Couuty, for Carthage Township 43
New Hanover Couuty 374
North Carolina Railroad construction, settlement of 1109
North Whitaker's Township 803
No. G Township, Cleveland Comity 1031
Onslow County 428
Perquimans County 139
Randolph County (townships) 1226
Rdbesou Coimty 129
Richmond County 418
Rutherfordton Township 948
Scotland County ( townships ) 780
State 52.'5
State, for care of insane 872
Surry County, validated 978
Townships in Bladen County 325
Union County 880
Valleytown Township (roads) 208
Wake Coimty 340
Wilson Couuty ; 548
Boone. Daniel, perpetuation of memory of life of 851
Boonville Township, I)ond8 and toll bridge 930
Boundaries, State, protection of (',7
Bridges :
across French Broad River 1175
Ashe County, special tax for . IIG
Carteret County, bonds for 239
Cherokee County 400
Cumberland County 375
Harnett County 335
Haywood County 545
Hyde Couuty 14G
Lee County 378
Madison County 332
Moore Coimty 188
Rutherford County 70
Wayne County 83
Wilkes County, within two miles of Eikville 1075
Brown Sound and Queen's Creek, clams protected 870
Brunswick County :
reward for capture of J. C. Walker 05
road law (certain townships) 573
si^ecial tax 309
Brunswick and Catawba counties, fees of justices 120
Brunswick, New Hanover and I'ender counties :
flams 1290
game law 1140
1376 1909— Index.
Brunswick, New Hanover and Pender counties : page.
sale of timber or cross-ties caught adrift 67
Bug Hill and Lee's townships, game law (fur-bearing animals) 566
Building and loan associations, law relating to, amended 1307
Building and loan deeds of trust, fee for registering, in Catawba County. (j2
Buncombe County :
bonds (funding) 110
bridge across French Broad River 117r»
game and fish law 939
laborers' and mechanics' liens 60
public drunkenness forbidden 301
road law and special tax 88
salaries of officers 942
Bulletins of Agricultural Experiment Station, State Printer to publish. . . 1003
Bullock, D. W., for relief of 837
Burke County :
game laws 1077
sale of liquor 902
sawdust in streams of 1144
Burning of boats, to prevent 1257
Burning of houses, law relative to, amended 1262
C.
Cabarrus County :
bonds 982
game law 1040
Caldwell County :
chain gang 253
game law (quail) 816
pay for making dockets 41
Superior Courts 39
Calloway, J. W., J. M. Walters and W. L. Hendrix, relief of 850
Camden County :
pay of clerk 875
standard keeper abolished 412
Camden and Pasquotank counties, boundary defined 973
Camden Ferry Company, time to erect drawbridge. . 384
Cape Fear River, fishing 1232
Capital punishment, mode of, prescribed 758
Capitol Square, for relief of gardener of 1172
Capitol, for relief of janitor of 1207
Card index for grants and records 862
Carolina Railway and Power Company incorporated 529
Carteret Coimty :
bonds for bridges 239
game laws 833
prohibition for certain churches 621
to punish drunkenness and profanity 955
Revisal extended to 907
1909 — Index. 1377
PAGE.
Carthage Township, bonds 43
Cash-on-delivery shipments, to compel prompt settlements for 12G5
Castalia Township, bonds 119<5
Castalia and Nashville townships, line changed 249
Caswell County :
bonds
177
convict worlc on county farm ^58
pay of commissioners 424
road law •'^60
school-tax district -^^S
special tax 187
Catawba County :
dogs protected 1122
fees of register of deeds 62
game law 1114
obstruction of streams 198
public drunlienness forbidden 1233
road law 10'^6
Catawba and Brunswick counties, fees of justices : 126
Catawba, Granville and Rockingham counties, game law (dogs running
at large) l<J-'5
Catawba and Martin counties, game law 1206
Catawba, Richmond and Rutherford counties, barbed-wire fences 884
Caveat, publication of citation 84
Central and Elizabethtown townships, squirrels 103
Charitable and educational institutions. State, sanitary surroundings 1103
Chatharn County :
bonds 86
division into townships 38G
fox hunting 188
game law (quail) 891
game law (netting and trapping quail ) IHO
road law amended 1^^
sawdust in streams of 906
<"hoat and defraud, giving worthless checks, drafts or orders evidence
of intent 1030
Checks raised or forged, liability of bank 125
Cherokee County :
road law 557
special tax ( Ijridges) 466
Superior Courts 4o-
Children. poor and indigent, schoolbooks 1225
Choate, S. A., for relief of 903
Chowan County, squirrels 46
Cider and wine :
sale prohibited at certain churches in Carteret County 621
sale prohibited at East Arcadia 1304
Pub.— 87
1378 1909— Index.
Cider and wine : page.
sale prohibited at Elkton Schoolhouse 390
sale prohibited at Riley Hill Baptist Church 1162
Cigarettes, sale prohibited within two miles of Guilford College 986
Citation, publication of, in cases of caveat ' 84
Cities and towns :
Aurora and Richland Township, recorder's court 851
Belhaven and Pautego Township, recorder's court 1120
Durham and Durham Township, special criminal court 70
Greensboro municipal court 1038
Henderson, Confederate monument 839
Hendersonville. sidewalks 63
Hickory, police court 796
High Point, new charter 468
Kannapolis, police powers 64
police powers (supplement) 170
Laurinburg, cotton weigher 918
Littleton, charter amended 152
Morehead City, sale of soft drinks 834
New Bern, special criminal court 1294
New Bern and Craven County, appropriation for bicentennial 297
Reidsville, recorder's court 120
Rockingham, Confederate monument 687
Smithfield, cotton weigher 294
Stovall, relief for commissioners 57
Wilson, cotton weigher 924
Cities and towns in Lee County, to condemn land for sewerage 1154
Civil actions, appeals from justices of the peace 1301
Claims, payment of, in Swain County 95
Clams :
Brown Sound and Queen's Creek 876
catching in Brunswick, New Hanover find Pender counties 1267
Masonboro Sound 881
Clal-k, Ambrose, and P. G. McNeill, relief of 158
Clark's Creek :
drainage 1004
drainage 987
Clay County :
election on bonds 54o
game law 1''^^
protection of fish 427
road law 561
Clay and Graham counties, high-school instruction 391
Clay and Rutherford counties, protection of roads and bridges 445
Cleveland County :
bonds and road law 1066
drawing juries 413
game law 1142
1909 — Index. 1379
Cleveland County : page.
pay of officers 1249
primary elections ». 908
relief of ex-sheriff 304
road law 544
Cleveland Township, to sell land 1141
Clerks Superior Court :
Camden County, pay of 875
Guilford County, allowance to 81
Montgomery County, for relief of I44
Northampton County, leave of absence 51
reports to Attorney-General 650
Richmond County, pay for keeping minutes 116G
Union County, salary 1057
Yancey County, salary 291
C. O. D. shipments, to compel prompt settlement for 1265
College Hill and Mt. Prospect Graded School, district line changed 1262
Colored Orphan Asylum, erection of dormitory 1132
Colly Township :
road law 817
trapping 654
Colly, French's Creek. Cypress Creek and Turnbull townships, game law. . 567
Columbus County :
drawing jurors 968
pay of jurors 82
road law 159
Columbus and Randolph counties, to hire out convicts 1024
Columbus Township, bonds 622
Commerce and trade, conduct interfering with 772
Commercial feeding stuffs, registration and sale 160
Commissioner of Labor and Printing, salary 62
Concentrated commercial feeding stuffs, registration and sale 160
Confederate monument :
Henderson ( town ) 839
Jackson County 433
Macon County 39.J
Richmond County 43:5
Richmond County 842
Rockingham (town ) 687
Rutherford County '. 339
Confederate pensions, from State 1154
Confederate soldiers and widows, pensions increased from counties 979
Contracts made by corporations, to facilitate registration 395
Convict camps, jails and penitentiary, separation of prisoners 1215
Cooper, George B., acts validated 882
Cooper, W. P... bondsmen to collect arrears 289
1380 1909— Index.
Corporations : page.
Alamance Battle Ground Company incorporated 110(]
Sontliern Assembly incorporated 567
deeds of, to validate 1260
dissolution of 47
dissolution of 1116
election of directors, cumulative voting 1208
regarding 856
relative to powers of (insurance of officers) 868
residence defined 1282
to facilitate registration of contracts made by 395
Cotton weighers :
Franklin County 385
Laurinburg 918
Red Springs Township 295
Red Springs Township •< supplement ) 835
Smithfield 294
Stanly County 964
Union County 296
Wilson 924
Counties :
authorized to increase pensions 979
Alamance, game law (foxes) 979
game law 1108
sale of refreshments at high schools 882
sawdust in streams of 818
Alexander, protection of quail 174
road law repealed 1 173
Alleghany, justices of the peace 54
Alleghany, Ashe and Watauga, condemnation of land for mills 333
Alleghany and Wilkes, dividing line 83
Anson, automobiles 55
betterment of schools 922
hunting 49
relief of surveyors 384
special tax 143
Ashe, bond election validated 831
engine inspector 968
finance committee 136
graded road 157
graded road 807
road law 378
sale of county home 467
special tax 88
special tax (bridges) 116
stock law 144
1909— Index. 1381
Counties : page.
Beaufort, bonds 517
number of commissioners 46
special tax 152
Bertie, acts of justice of the peace validated 299
game law 1109
office of treasurer 1089
relief of prisoners 176
road law amended 53
tenant law 61
Bertie and Northampton, Sunday excursion trains forbidden 1061
Bladen, bonds by townships 325
chain gang 400
fees of officers 197
road law 204
Superior Courts 411
Brunswick, reward for capture of J. C. Walker 65
road law (certain townships) 573
special tax 369
Brunswick and Catawba, fees of justices 126
Brunswick, New Hanover and Pender, clams 1290
Brunswick, New Hanover and Pender, sale of timber and cross-ties
caught adrift 67
Buncombe, bridge across French Broad River 1175
funding bonds 110
game and fish law 939
liens of laborers and mechanics 60
public drunkenness forbidden 301
road law and special tax 88
salaries of officers 942
Burke, game law 1077
sale of liquor 902
sawdust in streams 1144
Cabarrus, bonds 982
game law 1030
Caldwell, courts 39
chain gang 253
game law ( quail ) 816
pay for making dockets 41
Camden, pay of clerk 875
standard keeper abolished 412
Carteret, bonds for bridges '. 2.39
game law 833
prohibition for certain churches 621
Revisal extended to 907
to punish drunkenness and profanity 955
Caswell, bonds 1"^^
convict work on county farm 958
1382 1909— Index.
Counties : page.
Caswell, pay of commissioners 424
road law 360
special tax 187
Catawba, dogs protected 1122
fees of register of deeds 62
game law 1114
obstruction of streams 198
public drunkenness forbidden 1233
roads laws 1076
Catawba, Granville and Rockingham, game law (dogs running at
large) 1095
Catawba and Martin, game law 1206
Catawba. Richmond and Rutherford, barbed-wire fences 384
Chatham, fox hunting 188
bonds 86
game law (quail) 891
game law (netting and trapping quail) 1110
road law amended 153
sawdust in streams of 906
to divide into townships 386
Cherokee, road law 557
special tax (bridges) 466
Superior Courts 432
Chowan, squirrels 46
Clay, election on bonds 545
game law 175
protection of fish 427
road law 561
Clay and Rutherford, protection of roads and bridges 445
Cleveland, bonds and road law 1066
drawing juries 413
game law 1142
pay of officers 1249
primary elections 908
relief of ex-sheriff 304
road law 544
Columbus, drawing jurors 968
pay of jurors 82
road law 159
Columbus and Randolph, to hire out convicts. 1024
Craven, bonds 1209
game law 879
road authorized 1094
salaries of officers, auditor 1315
special tax 1000
Craven and city of New Bern, appropriation for bicentennial 297
1909— Index. 1383
Counties : ^^^^•
Currituck, compensation of treasurer 841
game law, fur-bearing animals 89"
game law (squirrels) 410
protection of muskrats l^^^
road laws ^'^8
special tax • 403
Cumberland, automobiles regulated 201
bonds for bridge ^''^
collection of arrears.
390
primary elections iSS
protection of schools ^^^^
road li
412
sinking fund committee ^80
Cumberland, Greene and Harnett, game law (deer) 941
Dare, fees of sheriff 890
fees of treasurer 944
game law (deer) 9S_
game law ( wild fowl ) 898
hogs running at large
pay of jurors
meeting of board of education 926
meetings of commissioners 81
Davidson, justices of the peace 48
special school tax ll-b
Davie, county home '^'^^
1208
1190
game laws
transfer of funds.
943
923
Duplin, justices of the peace ^^
office of treasurer re-established !!'<'
pay of jurors 84
to supply records ^'^^
Superior Courts 952
Durham, bonds
264
fees of witnesses in criminal actions 838
fund for school building 1079
pay of l)oard of education 904
register of deeds to appoint deputy 109
road law • 808
salaries of officers, auditor 857
Edgecombe, bonds to fund debt 1 149
doves
recorder's court
road law
874
919
1057
sawdust in streams of •^"*"
Edgecombe and Nash, game law, squirrels 875
Edgecombe, Nash and Rowan, automobiles 549
1384 1909— IxXDKX.
Counties : page.
Forsyth, court stenographer 167
discipline of conAicts 1024
election of justices 192
expenditure of road funds 1289
quail and partridge 907
road law 11G7
Superior Courts 432
Forsyth, Surry, Stokes, Rockingham and Davidson, drainage 819
Franklin, cotton weigher.** 385
road law 2G0
Franklin and Vance, line changed 1303
Gaston, bonds 1148
pay of jurors 127
removal of county seat 800
supplement to pension fund 999
Gaston and Lincoln, drainage 1013
game law (nonresidents) 1141
Gates, justices of the peace 50
road law 1050
special tax 423
Graham, advertisement of land for sale (entries) , 1172
back taxes 80
nonresidents grazing stock 1079
road law 370
Graham and Clay, high school instruction 391
Granville, bonds and road law 776
game law 1115
pay of commissioners 968
pay of jurors 1162
time for sheriff's settlement 351
Greene, bonds 554
game law 1209
number of commissioners 1116
pay of jurors 120
special tax 421
Guilford, court stenographers 1028
game law (ducks and .squirrels) 397
limit of highway c(tinmission 426
paj' of board of education 398
pay for collection of taxes in towns 393
road law 439
salary law amended 81
superintendent of agriculture and sanitation 283
surplus from fees to road fund 380
Halifax, bonds 516
game laws 1144
road law 1242
1909— Index. 1385
Counties : page.
Halifax, Superior Court 1023
Halifax and Nash, primary elections 840
Harnett, bonds '^35
game law and hunting 10C::5
game law 1131
standard keeper 1115
statement of expenses 250
Superior Court 925
Harnett and Johnston, automobiles 214
Haywood, board of education to sell property 425
bridges 545
duty and pay of commissioners 251
purchase of clock 1188
wire fences 967
Henderson, finance committee abolished 4!)
pay of jurors 902
salary of officers 1182
Henderson, Transylvania, Haywood and Jackson, game law (deer) . . 831
Hertford, game law (squirrels) 96G
primarj' elections 1148
road law 608
special tax 543
Superior Courts 938
Hertford and Xortharapton, bonds of tax collectors 224
Hyde, bonds 181
bridge tax 14G
justices for Ocracoke Township 133
Iredell, appointment of justices of the peace 1115
road law (macadam roads) 1017
pay of jurors 42
road laws 1142
special tax 338
Jackson, barbed-wire fences 113J1
Confederate monument 4.'>M
Jackson and Swain, depredations of turkeys and geese <>S
Jackson, road certificates and granting land llG(i
sawdust in streams of 300
Johnston, fees of officers 53
pay of road supervisors, county commissioners and jurors 01
sawdust in streams of 10.")
Superior Courts 1 • '1 -
Jones, disjjcnsary funds ■"'•■)
numl)er of commissioners 352
road laws 109:',
Lee, b(mds --18
bridges 378
cities and towns to condemn land for sewerage 1154
1386 . 1909— Index.
Counties : page.
Lee, road law (eouvict work) 402
road law 803
stock law 1304
Superior Court (return of process) 980
Lenoir, court stenographers 1150
game law (squirrels ) 978
Superior Courts 1078
Superior Courts 1273
Lincoln, bond law repealed 417
county home 194
relief of ex-sheriff and ex-tax collector 118
road law 1045
Lincoln and Gaston, dividing line 1152
McDowell, bonds 135
quail 879
pay of jurors 42
road law 337
road law 615
stock law 288
tax levy 259
Macon, chain gang 217
Confederate monument 395
road laws 226
sawdust in streams of 58
Madison, bridges 332
collection of arrears 300
dispensary funds 82
fees of officers , 25G
road law 208
stock law 251
stock raising 1100
to establish a road 221
Martin, Superior Coui'ts 173
Mecklenburg, change of jail 878
relief of commissioners 1031
game law 897
pay of officers 1123
roads in towns 806
road law ' . . 817
Mitchell, barbed-wire fences 1 189
liability in criminal actions 66
pay of commissioners 291
public drunkenness forbidden 128
special tax for roads 242
Montgomery, justices appointed 79
fees of justices 249
justices and commissioners 250-
1909 — Index. 1387
Counties : page.
Montgoiuerj-, relief of clerk of court 144
road discontinued 835
road law 360
road law (supplement) 1098
superior courts 200
Moore, bonds for bridges 188
bonds for Carthage Township 43
relief of sheriff and treasurer 3OG
stock law 54
Superior Courts 1200
to hire out convicts 417
Nash, justices of the peace 85
new township 252
number of commissioners 986
recorder's court 1000
sawdust in streams of 57
Superior Courts (criminal jurisdiction) 255
Nash and Edgecombe, pay of surveyors 1124
Nash and Halifax, primary elections 846
New Hanover, automobile license 78
automobiles 1137
bonds 374
commissioners classified II93
criminal court 519
criminal court (supplement) 1165
elections 1265
elections (supplement) 1323
jurors 399
pay of jurors 59
salaried officers as witnesses 397
Superior Courts 1124
support of schools 465
New Hanover, Brunswick and Pender, game law 1140
Northampton, collection of taxes 1311
fences 192
justices for Jackson Township 106
number and pay of commissioners 225
leave of absence for clerk 51
probates validated 1118
road law 447
road law (supplement) 528
Sui)erior Court 819
Onslow, auditor II43
bonds 428
fishing 818
pay of commissioners 831
Superior Courts 241
1388 1909 — Index.
Counties : p^^J^-
Onslow, Superior Courts 352
surplus of special-tax fund 205
Orange, game law ^03
Pamlico, construction of road 1075
fishing in certain streams 1094
game law 1104
protection of oysters 1139
road law 387
Pasquotank, police court 134
Superior Court 223
Pasquotank and Camden, boundary defined 973
Pender, hunting 180
pay of commissioners 1091
Perquimans, bonds 139
road law 220
Person, deputy register of deeds 904
justices of the peace 100
Person and Orange, Superior Courts 790
Pitt, horses and mules running at large 305
jury tax 37
number of commissioners 08
salaries of oflicers 1160
sanitation of schoolrooms 90.)
Superior Court 273
Pitt and Wayne, game law (squirrels) 205
Polk, appointment of sheriff 900
finance committee 293
game and fish law 957
pay of jurors 430
road law 505
sawdust in streams 947
Randolph, bonds (to\vnships) 1220
discontinuance of convict work 410
game law (pheasants) 390
justices of the peace 100
municipal elections 420
new courthouse and bridges 1180
road law 020
stock law 107
traction engines and road steamers 204
Randolph and Montgomery, court stenographers 414
Richmond, auditor 394
bonds • • • • 418
compensation to sheriff 1100
compensation of treasurer 1107
Confederate monument 433
consolidation of road commissioners 300
1909 — Index. 1389
PAGE.
Counties :
Richmond, contribution to Confederate monument ^^-
pay to clerk for keeping minutes 1166
pay of commissioners ^'^
police powers at certain mills 1^^*"'
special veniremen
to hire out convicts '^'^
Richmond and Anson, for relief of prisoners awaiting trial 1136
Robeson, board of audit and finance ^2^
bonds -;^
fees for summoning special venire •^*'^
new township ^
pay of commissioners "^
primary elections ' ^
relief of board of education 3^[^
road law ' \Z
, , 132.)
road law
road law (supplement) "^ '
Superior Courts ~ :^~
Rockingham, game law (birds during breeding season) 112'
pay of jurors.- ^;^ *
salaries of officers "'*'^'
wire fences
qj.-|
Rowan, call of civil docket
county court established "*'^^
court stenographers 1|^'-^
depredations of domestic fowls l-"**^
justices of the peace
■, ,„ ^ 1110
road laws
Superior Court, civil docket -^^1
Rutherford, arrears of taxes ^'^'^'^
Confederate monument '-"*''
, 1202
game law
pay of officers ^'^'
protection of game and landowners '-19
, , S42
road law
road law, repealed
special policemen '^'
special tax for bridges '^
special tax for roads
Sampson, acts of justices validated 274
automobiles
69
fences ^'''
game law (quail and partridge) m^
number of commissioners °^
17H
road law
, , 266
road law
Superior Courts
1390 1909— Index.
Counties : page.
Sampson, Superior Courts 1028
weiglits and measures 398
Sampson and Guilford, squirrels protected 69
Scotland, bonds (townships) 780
game law 10G5
primary elections 1292
relief of surveyors 384
separate schools for Indian race 1110
Superior Court 800
Scotland and Richmond, game law (deer) 1099
Stanly, cotton weighers 964
game law 999
sawdust in streams of 1095
Stokes, pay of jurors 192
Superior Courts 216
to promote education 424
Surry, bonds validated 978
Swain, office of treasurer abolished 112
payment of claims 95
pay of jurors 816
protection to forest ranges 138
protection of fish 282
public drunkenness forbidden 1193
Swain, Haywood, Jackson and Transylvania, stenographers 527
Transylvania, road law 453
seining forbidden 142
special tax ....." 132
Tyrrell, construction of road 1200
depredations of live stock 303
election of commissioners 958
fences Ill
game law (deer) 221
live stock in range 963
relief for owners of live stock 881
shipping birds 1225
Superior Courts 187
Tyrrell and Dare, Superior Courts 898
Union, bonds 886
cotton weighers 296
for relief of commissioners 135
glass and other obstructions in roads 107
primary elections 1251
road law 1056
salary of clerk 1057
Superior Court 619
Vance, depredations of fowls 1132
game law 877
vacancies in board of commissioners 841
1909 — Index. 1391
Counties : page.
Wake, board of educatiou to borrow money 86
bonds .340
coupensation of sheriff 946
dog tax 940
fees of jurors and witnesses 007
game law 1092
game law lli:'>
hunting 981
pay of commissioners 942
road law .307
sale of real estate for taxes 94S
Warren, game law 352
labor of convicts 55b
primary elections 11.33
road law 157
Washington, protection of roads 390
recorder's court 973
Watauga, fishing 126
road law 1105
sawdust in streams of 965
Wayne, bridges 83
game law ( foxes ) 1314
justices of the peace 187
road law 389
road law 1198
short-form mortgages 51
Wilkes, bridge within two miles of Elkville 1075
court stenogi'aphers 424
fees of witnesses 59
line changed 1205
pay of jurors 1189
relief of sheriff 143
road altered 836
road law 1155
Wilkes and Alleghany, dividing line 83
Wilkes and Ashe, boundary line 249
Wilson, bonds 548
pay of jau'ors 77
Wilson and Nash, court stenographers 985
Yadkin, game law 976
game law 1 099
road law amended 78
road law 298
Yancey, pay of clerk of court 291
pay of commissioners 433
public drunkenness prohibited 291
sale of county home ". . 301
1392 1909— Index.
PAGE.
County boards of education elected (general law) 651
County buildings 555
County commissioners :
powers and duties 49
State association created 1274
to offer rewards 1025
Beaufort, number 46
Caswell County, pay 424
Dare County, time of meeting 81
Granville, pay of 9G8
Greene County, number increased 1116
Harnett County, to publish statement of expenses 250
Haywood County, duty and pay 251
Johnston Comity, pay 61
Jones County, number increased 352
Mecklenburg County, for relief of 1031
Mitchell County, pay of 291
Montgomery 250
Nash, number increased 986
New Hanover, classified 1193
Northampton, number and pay 225
Onslow Comity, pay of 834
Pender County, pay of 1089
Pitt County, number 68
Richmond County, pay 119
Robeson County, pay of 284
Sampson County, number 80
Tyrrell Comity, election. 958
Union County, for relief of 135
Vance County, mode of filling vacancies 841
Wake County, pay of 942
Yancey County, pay of 4.33
County Home :
Ashe County, sale authorized 467
Davie Covmty 855
Lincoln Comity 194
Yancey County 301
County lines :
Alleghany and Wilkes 83
Gaston and Lincoln 1152
Pasquotank and Camden 973
Vance and Franklin 1303
Wilkes and Ashe 249
Wilkes, changed 1205
County Treasurers :
Bertie County 1089
Currituck County 841
1909— Index. 1393
County Treasurers: page.
Dare County ^^"^
Duplin County ^^'^
Riclimoud County ^^^'
Swain County ^-'^-
Courts. (See Recorders' Courts, Superior Courts, Supreme Courts.)
Court rooms, sanitation ^^^^
Court Stenographers :
Eigbtli Judicial District.
960
Forsyth County ^^"
Guilford County 1^28
Lenoir County ^^^^
Nash and Wilson counties 985
Randolph and Montgomery counties 414
Rowan County ^^^'^
Swain, Haywood, Jackson and Transylvania counties 527
Wilkes County '*-'^
Craven County :
bonds
1209
game laws ° ' '^
road authorized ^^^^^
salaries of officers, auditor 1315
special tax ^^^O
Craven County and New Bern, appropriation for bicentennial 297
Creditors, law relating to assignments for benefit of, amended 1322
Creeks. (See Rivers and Creeks.)
Criminal Court, New Hanover County ^19
New Hanover Covmty (supplement) 1165
Criminal negro youth, reformatory 11^4
Crop-pest Commission transferred to Board of Agriculture 109
Cross Creek Graded School, bonds 341
Cross-ties and timber caught adrift, sale of G7
Cullowhee Normal and Industrial School, building committee 445
Cultivation of oysters, to promote l^**^"
Cumberland Countj^ :
automobiles regulated 201
bonds for bridge 375
primary elections 1283
protection of schools 1310
road law 412
sinking-fund committee 380
Cumberland, Harnett and Greene counties, game law (deer) 941
Currituck County :
compensation of treasurer 841
game law (fu* -bearing animals) 897
game law (sc uirrels) 410
Pub.— 88
1394 1909— Index.
Currituck County : page.
protection of musliirats 1103
i-oad law 338
special tax 403
Cypress Creek, Turnbull, Colly and French's Creek townships, game
law 567
D.
Danbury and Snow Creek townships, line changed 1181
Dangerous insane, enlargement of hospital 1310
Dai'e County :
fees of sheriff 890
fees of treasurer 944
game law (deer) 982
game law ( wild fowl ) 891
hogs running at large 1208
meetings of board of education 926
meetings of commissioners 81
pay of jurors 1190
Dare and Tja-rell counties. Superior Courts 898
Davidson County :
justices of the peace 48
special school tax 1126
Davidson, Forsyth, Surry, Stokes and Rockingham counties, drainage. . . . 819
Davie County :
county home 855
game law 943
transfer of funds 923
Davis, J. M., for relief of 292
Dean, H. D., to collect arrears 967
Deaths, registration of 1111
Debt, public :
South Dakota bonds 1109
time for settlement 1101
Deeds of corporations, to validate 1260
Deeds of trusts and mortgages, to facilitate release 330
Deer :
Atlantic Township 431
Cumberland, Harnett and Greene counties 941
Dare County 982
Henderson, Transylvania, Haywood and Jackson counties 831
Scotland and Richmond counties 1099
Tyrrell County 221
Delap, W. L., T. A. Gobble and J. S. Hege appointed justices 48
Departments and institutions. State, examination and check ng 1119
Deposits of fire insurance companies 1328
Deposits in trust, payment of 807
1909— Index. 1395
Depredations of domestic fowls : page.
Rowan County 1248
Vance Coimty 1132
Tyrrell County 303
turkeys and geese in Jackson and Swain counties 68
Destruction of hawks and owls, to encourage 304
Dillon road, for better working 1062
Diphtheria antitoxin, to provide for indigents 446
Directors of corporations, election of (cumulative vote) 1208
Directors of State institutions :
election of one of their number 1214
powers in regard to land 838
Dispensary fund :
Jones County 905
Madison Coimty 82
Distilleries, sheriffs and officers to seize and destroy , 1186
Dissolution of corporations 47
Dockets, pay for making, in Caldwell County 41
Docketing judgments, relative to 1104
Dogs :
not to run at large during breeding season of birds 1151
protected in Catawba County 1122
taxed in Wake County 940
Domestic corporation, residence defined 1282
Domestic fowls, depredations of :
Rowan County 1248
Vance County 1132
Domestic insurance companies, law relating to, amended 1326
Doves, Edgecombe County 874
Drainage and drainage districts, general law 743
Drainage :
Clark's Creek 987
Clark's Creek (Catawba County) 1004
Forsyth, Surry, Stokes, Rockingham and Davidson counties 819
Gaston and Lincoln counties 1013
Grant's Creek 876
Haw River and Troublesome Creek 386
Hoyle's Creek 1124
Hunt's Fork and Hanks' Branch 224
Lower Creek 112
Mattamuskeet Lake 871
Pungo River 891
Drugs, narcotics, sale to habitues forbidden 1106
Ducks and squirrels, Guilford County 397
Dulve Township, road law 963
Dunn Road District, law amended ; 1261
Duplin County :
justices of the peace 53
office of treasurer re-established 117
1396 1909 — Index.
Duplin County : page.
pay of jurors 84
Superior Court 952
to supply records 171
Durham, city and township, special criminal court 70
Durham County :
bonds 264
fees of witnesses in criminal actions 838
fund for school building 1079
pay of board of education 904
register of deeds to appoint deputy 109
road law 808
salaries of officers, auditor 857
E.
Earnings of employees, protection of 860
East Ai'cadia, prohibition 1304
Edgecombe County :
bonds (to fund debt) 1149
game law (doves) 874
pay of surveyors 1124
recorder's court 919
road law 1057
sawdust in streams of 302
Edgecombe and Nash counties, game law (squirrels) 875
Edgecombe, Rowan and Nash counties, automobiles 549
Educational and charitable institutions. State, sanitary surroundings. .. . 1103
Eighth Judicial District :
court stenographers 960
terms of courts 1263
Elections :
of finance committee 129
New Hanover County 1265
New Hanover County ( supplement) 1323
Election returns, relating to 1305
Electric, gas and water meters, Inspectors 164
Elizabethtown and Central townships, squirrels 193
Elkton Schoolhouse, prohibition 390
Employees, female, seats to be provided for 1258
Employees :
protection of earnings of 860
pay in office of State Librarian 1301
to prevent blacklisting of 1259
Employers, to provide seats for female employees 1258
Engine inspector, Ashe County 968
Engines, locomotive, headlights 770
Epileptics, care and maintenance 1313
Escapes, fi'om custody of officers 1233
1909— Index. 1397
PAGE.
Executors, foreign, to convey land 1308
Executors qualifying 1207
Executive Mansion, servants for 1260
Express companies to make prompt settlements of C. O. D. shipments. . . 1265
Experiment Station, State Printer to publish bulletins of 1003
F.
Farm bulletins, publication 1003
Fayetteville Independent Light Infantry Company, relief of 621
Feeding stuffs, concentrated commercial, registration and sale 160
Female employees, seats to be provided for 1258
Fences :
along public roads 998
Northampton County 192
Sampson County , 69
Tyrrell County Ill
Financ-e committees :
election of 129
Ashe County 136
Polk County 293
Fire escapes, to provide for and protect human life 1015
Fire insurance companies, deposits 1328
Fisher, F. C, appointed justice 199
Fish, packing and sale of 1060
Fishing :
rainbow and mountain trout, protection of 1305
Revisal amended relative to 105
size of fish regulated 1311
Albemarle Sound 899
Atlantic Township 981
Bath Creek, Blount's Creek. Jordan's Creek. Pungo Creek and
Wright's Creek 955
Black River 834
Black River, Six Runs. Big Coharie. Little Coharie. and Bear Skin
rivers 137
Buncombe County 939
Cape Fear River 1232
Clay Comity (protection) 427
Goodwin's mill pond 133
Haw River 377
Hiawassee River 128
Lake Phelps, or Scuppernong 430
Little River 277
Neuse and Trent rivers (nets) 1174
Onslow County 818
Pamlico County, certain streams 1094
Polk Countj' 957
1398 1909— Ikdex.
Fishing : page.
Potecasi Creek 1060
Slade's and Fortescue's creeks 880
Scuppemong River (dutcli nets) 134
Swain County (pi*otectiou) 282
Transylvania Comity 142
Watauga County 126
Wilson's Creek 105
Fishing and sawdust in Sawyer's Creek . . .■ 306
Flour and meal, standard-weight packages 914
Fluids and oils, illuminating, inspection of 911
Food and Drug Law amended 1308
Forests, State 107
Forest ranges, protection in Swain County 138
Forfeiture of life policy without notice 1293
Forged paper, relative to uttering 1063
Forsyth County :
court stenographer 167
discipline of convicts 1024
election of justices 192
expenditure of road funds 1289
game law (quail and partridge) 907
road law 1167
Superior Courts 432
Forsyth, Surry, Stokes, Rockingham and Davidson counties, drainage. . . . 819
Fortescue's Creek, fishing 880
Foxes :
Alamance County 979
Chatham County 188
Wayne County 1314
Franklin County :
cotton weighers 385
road law 260
Franklin and Vance comities, line changed 1303
Franklinton Township, road law 278
Freight trains, regulating operation on Sunday 332
French's Creek, Cypress Creek, Turubull and Colly townships, game law. 567
Futures, jurisdiction of courts as to 1257
Game law :
certain counties 12.30
dogs not to run at large during breeding season 1151
squirrels devastating crops 170
Alamance County 1108
Alamance County (foxes) 979
Alexander County (quail) 174
Anson Coimty 49
Atlantic Township (deer) 431
1909 — Ikdex. 1399
Game law : ^'^™-
Bertie County ^J^^
Bug Hill and Lee's townships (fur-bearing animals) 566
Buncombe County ^^
Burke County '^^'''^
Cabarrus County l^^^
Caldwell County (quail) 816
Carteret County ^^^
Catawba County ^^^'^
Catawba and Martin counties 1-06
Central and Elizabetbtown townships (squirrels) 193
Chatham County (foxes) 188
Chatham Coimty (quail) -■■ 891
• Chatham County (netting and trapping quail) 1110
Chowan County (squirrels) 46
Clay County 1"^^
Cleveland County 11;^^
Craven Comity 8*9
Cumberland, Harnett and Greene counties (deer) 941
Currituck County (fur-bearing animals) 897
Currituck County (squirrels) 410
Dare County (deer) 982
Dare County (wild fowl) 898
Davie County ^43
Edgecombe County ( doves ) 874
Edgecombe and Nash counties (squirrels) 875
Forsyth County (quail and partridges) 907
French's Creek. Cypress Creek, Turnbull and Colly townships 567
Gaston and Lincoln counties 1141
Granville County 1115
Greene County 1209
Grove and Averysboro townships (hunting) 1313
Guilford Cotmty (ducks and squirrels) 397
Halifax County 1144
Harnett County 1063
Harnett County 1131
Henderson, Transylvania, Haywood and Jackson counties (deer)... 831
Hertford County (squirrels) 966
Lenoir County (squirrels) 978
McDowell County (quail) 879
Mecklenburg County 897
New Hanover, Brunswick and Pender counties 1140
Orange County 903
Pamlico County 1104
Pender County (himting) 186
Pitt and Wayne counties (squirrels) 205
Polk County 957
Randolph County (pheasants) 396
1400 1909— Index.
Game law : page.
Rockingham County (birds during breeding season) 1127
Roclxingiaam, Granville and Catawba counties (dogs running at
large) 1095
Rutherford County 219
Rutherford County 1292
Sampson Coimty (quail and partridges) 1115
Sampson and Guilford counties (squirrels) 69
Scotland and Richmond counties '. 1063
Scotland and Richmond counties (deer) 1099
Stanly Coimty 999
Steele's Township 1140
Steele's Township 1145
Tyrrell County (deer) 221
Tyrrell County (shipping birds) 1225
Vance County 877
Wake County 1092
Wake County 1113
Warren County 352
Wayne County (foxes) 1314
White Oak Township (squirrels) 176
Yadkin County 976
Yadkin County 1099
Gardener of Capitol Square, for relief of 1172
Gas, electric and water meters, inspections 164
Gaston County :
bonds 1148
pay of jurors 127
removal of county seat 800
supplement to pension fund 999
Gaston and Lincoln comities :
dividing line 1152
drainage 1013
game law (nonresidents) 1141
Gates County :
justices of the peace 56
road law 1050
special tax 423
Geese and turkeys, depredations in Jackson and Swain counties 68
General Assembly, classification of acts 832
Glenola Special-tax School District, boundary changed 339
Glenn Raven Mills, police powers 409
Glover, R. C, and J. A. Williams appointed commissioners of Nash
County 986
Gobble, T. A., W. L. Delap and J. S. Hege appointed justices 48
Goodwin's Mill pond, fishing 133
Gordon, T. J., W. G. Long and J. E. Laney, for relief of 135
1909 — I^-DEx. 1401
Oraded schools : page.
College Hill and Mt. Prospect, line changed 12G2
Cross Creek, bonds 341
Graham County :
advertisements of land for sale (entries) 1172
back taxes 80
nonresidents grazing stock 1079
road laws 370
Graham and Clay counties, high-school instruction 391
Grant's Creek, drainage 876
Grant confirmed, No. 99, to John Guerrard 836
Grants corrected, Nos. 16828 and 16829, in Ashe County 166
Grants to George E. Miller, in Ashe County, corrected. 1162
Grants :
law relative to, amended 771
validity of • 1306
time for registration 180
Grants corrected :
No. 44, to Marcus L. Green 1146
No. 347, Caldwell County 63
Grants and records, card index 862
Granville County :
bonds and road law 776
game law 1115
pay of commissioners 968
pay of jurors 1162
time of sheriff's settlement 351
Granville, Rockingham and Catawba counties, game law (dogs running
at large) 1095
Grapevine Township, justices appointed 40
Greene County :
bonds 554
game law 1209
number of commissioners 1116
pay of jurors 120
special tax 421
Greene, Harnett and Cumberland counties, game law (deer) 941
Green, Marcus L., gi*ant corrected 1146
Greensboro, municipal court 1038
Grove and Averysboro townships, game law (hunting) 1313
Guardians, cultivation of land of wards 69
Guerrard, John, patent confirmed 836
Guilford College, sale of cigarettes prohibited 986
Guilford County :
court stenographers 1028
game law (ducks and squirrels) 397
limit of highway commission 426
pay of board of education 398
1402 1909— Ijcdex.
Guilford County : page.
pay for collectiou of taxes in towns 398
road law 430
salary law amended SI
superintendent of agriculture and sanitation 283
surplus from fees to road fund 380
Guilford and Sampson counties, squirrels protected GO
Gulledge Township, voting precincts 300
H.
Halifax County :
bonds 516
game law 1144
road law 1242
Superior Courts 1023
Halifax and Nash counties, primary elections 846
Halifax Resolutions, legal holiday in commemoration of 1302
Hanks' Branch and Hunt's Fork, drainage 224
Hannah Pickett Mills, police powers 1336
Harnett County :
bonds 335
game law 1131
game law and hunting 1063
standard keeper 1114
statement of expenses 250
Superior Courts 925
Harnett, Cumberland and Greene counties, game law (deer) 941
Harnett and Johnston counties, automobiles 214
Hawks and owls, to encourage destruction of 304
Haw River and Melville township lines 48
Haw River, protection of fish 377
Haw River and Troublesome Creek, drainage 380
Hayes, Thomas N., for relief of 41
Haywood County :
board of education to sell property 425
bridges •'•45
duty and pay of commissioners 251
purchase of clock 1 1 88
wire fences 9<;7
Haywood, Jackson. Henderson and Transylvania counties, game law
(deer) 831
Haywood, Swain, Jackson and Transylvania counties, court stenogra-
phers ''27
Headlights on locomotive engines 770
Health, public, relating to 11G7
Hege, J. S.. T. A. Gobble and W. L. Delap appointed .justices 48
Heggie, C. C, J. T. Spicer, C. L. Lewis and R. C. Puckett. for relief of . . . 57
1909— Index. 1-1:03
Henderson County : page.
finance committee abolished -49
justices appointed lOoO
pay of jurors 902
salary of officers US-
Henderson. Transylvania, Haywood and Jackson counties, game law
(deer) 831
Henderson (town) Confederate monument 839
Hendersonville, sidewalks 63
Hendrix. W. L., L. M. Walters and J. W. Calloway, for relief of 850
Hertford County :
game law ( squirrels ) 900
primary elections 1148
road law 608
special tax o43
Superior Court 938
Hertford and Northampton counties, bonds of tax collectors 224
Hiawassee River, free passage of fish 128
obstructions 054
Hickory police court 790
High Point, new charter 408
High schools, Alamance County, sale of refreshments 882
Historical Association, for perpetuation of memory of life of Daniel
Boone 851
Hodges, W. B., acts as justice validated 79
Hogs running at large in Dare County 1208
Honeycutt, M. C, for relief of 1147
Hopewell Methodist Episcopal Church, prohibition 1302
Horses and mules running at large in Pitt County 305
Hospital Commission, State, funds available to 1309
Houses, law relative to burning, amended 1202
Howard, Mrs. Emma Alice, for relief of 151
Hoyle's Creek, drainage 1 124
Human life, to protect, and provide fire escapes 1015
Hunting :
Revisal amended in reference to 198
Bogue Banks 543
Carteret County 833
Harnett County 1063
Pender County 186
Sylva Township 895
Wake County 981
Hunt's Fork and Hanks' Branch, drainage 224
Hyde County :
bonds 181
bridge tax . . 146
justices for Ocracoke Township 133
Hygiene, State Laboratory of. law relating to, amended 1186
1404 1909 — Index.
I.
PAGE.
Illuminating oils and fluids, inspection of 911
Immigration, law for encouragement of, repealed 1257
Improved roads, to stimulate construction of 1320
Index, card system for grants and records 862
Indian race, separate schools in Scotland County 1110
Indians :
attendance on schools 1248
attendance on schools 1224
Indigent children, payment to mother 1078
Indigent and poor children, schoolbooks 1225
Inquest, relative to holding 1103
Insane asylums, property of insane persons when discharged from 191
Insane :
bonds for care of 872
property, when discharged from asylums 191
Inspection of illuminating oils and fluids 911
Inspectors of electric, gas and water meters 164
Institutions, State :
appropriations for 773
election by directors of one of their number 1210
powers in regard to land 838
Institutions and departments. State, examination and checking 1119
Institutions, State, charitable and educational, sanitary surroundings 1103
Instruments, negotiable, maturing on Saturday, special provisions re-
pealed 1173
Insurance companies, domestic, law relating to, amended 1326
fire, to make deposits 1328
Insurance Department, clerical help • • • 1230
Intent to cheat and defraud, giving worthless checks evidence of 1030
Internal Improvements, Board of, law as to, amended 1291
Intoxicating liquors, distilleries and apparatus used in manufacture of, to
be seized and destroyed 1186
Iredell County :
appointment of justices of the peace 1115
pay of jurors • 42
road law (macadam roads) 1017
road law 1142
special tax 338
J.
Jackson County :
barbed-wire fences 1139
Confederate monuments 433
road certificates and granting land 1166
sawdust in streams of 300
1909 — Index. 1405
PAGE.
Jackson, Haywood, Swain and Transylvania counties, court steuogra-
, 527
phers
Jaclvson, Henderson, Transylvania and Haywood counties, game law
(deer)
Jackson and Swain counties, depredations of turkeys and geese o»
Jackson Township, justices of the peace ^^^
Jails, convict camps and penitentiary, separation of prisoners 121o
Janitor of the Capitol, for relief of ^- '
Johnson, J. H., for relief of
Johnston County:
fees of officials ^^
pay of road supervisors, county commissioners and jurors 01
sawdust in streams of ^^^'^
Superior Court ^^-^*'
Johnston and Harnett counties, automobiles -^^
Jones County, dispensary funds _^
Jordan's Creek, fishing ^^
Jones County : ^ ^
number of commissioners '-*' ~
, , „ 1093
road laws
Judkins and River townships, road law ^^'^
Judgments, relative to docketing ^^^^
Jurors :
Cleveland County, drawing 413
Columbus County, drawing. 968
Columbus County, pay of
Dare County, pay of ^^^^
Duplin County, pay of ^
Gaston County, pay of • -^~ *
Granville County, pay of ■^^"-
Greene County, pay of ^-"
Henderson County, pay of ^^^
Iredell County, pay of
Johnston County, pay of
McDowell County, pay of *-
rn
New Hanover County, pay of "^'^
New Hanover County '^p^
Polk County, pay of "^'^^
Richmond County, speciaj veniremen ^'^^
Rockingham County, pay of ^'^^
Stokes County -"^^
Swain County, pay of ^^^
Wilkes County, pay of ^^^^
Wilson County, pay of '^
Jurors and witnesses, Wake County, fees in 90^
Jury service, to exempt certain persons ^^^
1406 1909— Index.
PAGE.
Jury service, to exempt certain persons 1273
Jury tax, Pitt County 37
Justices of the peace:
election (omnibus law) 632
appeals in civil actions 1301
Alleghany County, election validated 54
Bertie County, acts validated 299
Brunswick and Catawba counties, fees 12G
Duplin County 53
Forsyth County, election 192
Gates County 56
Iredell County, appointment 1115
Montgomery County 79
Montgomery County, fees 249
Montgomery County 250
Nash County 85
Northampton County, probates validated 1118
Person County 106
Randolph County 106
Rowan County 40
Sampson County, acts validated 274
Wayne County 187
Jackson Township 106
Ocracoke Township 133
G. N. Arrington, E. S. Morgan and J. W. Thomison appointed 40
Cooper, George B., acts validated 882
W. L. Delap, T. A. Gobble and J. S. Hege appointed 48
Fisher, F. C, appointed 199
Hodges, W. B., acts validated 79
Nowell, J. H., appointed 305
Padget, M. C, appointed 77
P. H. Walker, J. O. Bell and M. L. Owens appointed 1117
Wooten, T. J., appointed 66
K.
Kannapolis, police powers 64
police powers (supplement) ' 170
Kearney, H. C, for relief of 1135
Keeper of Capitol to hire servants for Executive Mansion 1260
Kernodle, R. T.. to collect taxes 148
Keys, switch-lock, to prevent manufacture and sale of duplicate 1171
Knight, William L., probates by, validated 1128
L.
Laborers and mechanics' liens 60
Lake Phelps or Scuppernong, fishing 430
Land entries, advertisement in Graham County 1172
1909 — Index. 1407
Lands : page.
couveyance by foreign executors 1308
cultivation by guardians 69
State, price of 771
Laney, Jerry C, W. G. Long and T. J. Gordon, for relief of 135
Laurinburg, cotton weigher 918
Laws amended :
1893, chapter 111, Public 964
1895, chapter 138, Public 351
1897, chapter 231, Public 1056
1899, chapter 285, Pablic 965
chapter 286, Public 1105
chapter 341, sections 2 and 5, Public 894
chapter 581 155
1901, chapter 50, Public 817
chapter 413, section 5, Public 918
1903, chapter 405, Public , 481
chapter 462 414
chapter 748, and 1899, chapter 689 298
1905, chapter 87, section 8, Public 109
chapter 173, Public 396
chapter 197 153
chapter 210, Public 268
chapter 210, Public 1320
chapter 213, Public 1248
chapter 228, Public 225
chapter 258 412
chapter 275 380
chapter 338 46
chapter 401 166
chapter 477 544
chapter 543, Public 1109
chapter 551, Public 133
chapter 636, Public 1093
chapter 648 1057
chapter 703, Public 942
chapter 722 1208
chapter 726, Public 959
chapter 709, Public 924
chapter 829 1123
1907, chapter 20 378
chapter 20, Public 1167
chapter 43 1269
chapter 77 1106
chapter 82, Public 374
chapter 96, Public HOi
chapter 111, Public 978
chapter 114, Public 1076
1408 1909— Index.
Laws amended : page.
1907, chapter 180, Public 134
chapter 191, Public 1309
chapter 200, Public 178
chapter 200, Public 260
chapter 218, Public 772
chapter 224 1233
chapter 228, section 1, Public 891
chapter 256, Public 655
chapter 276 224
chapter 276, section 10, Public 1311
chapter 316, Public 1129
chapter 322, Public 1077
chapter 368, Public 1308
chapter 399, Public 1292
chapter 436, Public 840
chapter 439 1198
chapter 440, section 1. Public 1025
chapter 457, Public 1208
chapter 464 1258
chapter 476, Public 924
chapter 508, section 1, Public 856
chapter 508, section 1, Public 1132
chapter 556, Public 251
chapter 612, Public 55
chapter 622 221
chapter 631 53
chapter 647 282
chapter 674, Public ; 1154
chapter 674, Public 1206
chapter 675, Public 1142
chapter 697, Public 149
chapter 699 1131
chapter 732, section 2, Public 721
chapter 732 1092
chapter 782, Public 220
chapter 792, Public 1261
chapter 805 180
chapter 825 1292
chapter 850, Public 1256
chapter 853 387
chapter 800 1089
chapter 877, section 5, Public 119
chapter 922 048
chapter 926, Public. 1148
chapter 938, Public 1126
chapter 942, Public 942
chapter 948 833
1909— Index. l-tOO
Laws amended : page.
1907. chapter D.jl. Public 206
chapter 064, Public 1241
chapter 969, Public 619
chapter 987, Public 249
chapter 1005, Public 985
certain chapters, being parts of Public School Law 883
1908, chapter 20 352
chapter 20 241
chapter 29 45
. chapter 42, section 1 38
chapter 59 1224
chapter 74, Public 417
chapter S2, Public 134
chapter 106, Public 1209
chapter 131, Public 248
Laws re-enacted :
1899, chapter 17, Public. .' 51
Laws repealed :
1889, chapter 61, Public 1166
1899, chapter 689 and chapter 748, Laws of 1903 298
1903, chapter 389, Public 1205
chapter 538 447
chapter 560, and 1905, chapter 288 174
chapter 784, section 5, Public 49
1905, chapter 76, and 1907, chapter 49 938
chapter 228 225
1907. chapter 202 53
chapter 513, Public 80
chapter 540, Public 159
chapter 552 291
chapter 678 50
chapter 702, Public 432
chapter 754, Public, and 114, Public, of 1908 1097
chapter 773, Public 1173
chapter 849 48
chapter 885, Public 277
chapter 924. Public 1257
chapter 951, Public 206
1908, chapter 74 417
chapter 84, Public 1055
chapter 114, Public, and 754. Public, of 1907 1097
Laws, classification and publication 832
Law School of University, aid to 1173
Leaksville Township, policemen 853
Pub.— 89
1410 1909— Index.
Lee County: page.
bonds 248
bridges 378
cities and towns to condemn land for sewerage 1154
road law (convict work) 402
road law 803
stock law 1304
Superior Court (return of process) 080
Lee's and Bug Hill townships, game law (fur-bearing animals) 566
Legal holiday in commemoration of Halifax Resolutions 1302
Lenoir County :
court stenographers 1150
game law ( squirrels ) 078
Superior Courts 1078
Superior Courts 1273
Lewis, Charles L., J. T. Spicer, R. C. Puckett and C. C. Heggie, for re-
lief of 57
Lexington Township, bonds , 1080
Liberty, New Hope and Oak Grove churches, prohibition 840
Library Commission, to establish 1281
Liens of laborers and mechanics 60
Liens, time of filing notice 56
Life policy, to prevent forfeiture without notice 1293
Lillington and Stewart's Creek Township, stock-law fence 285
Lincoln County :
county home 194
relief of ex-sheriff and ex-tax collector 118
road law 1045
road law repealed 417
Lincoln and Gaston counties :
dividing line 1152
drainage 1013
game laws (nonresidents) 1141
Liquor :
distilleries and apparatus used in manufacture of, to be seized and
destroyed 1186
to prevent sale of. in Burke County 902
Little Coharie, Bear Skin, Big Coharie, Six Runs and Black rivers, fish-
ing in 137
Little River, fishing 277
Littleton, charter amended 152
Liverman. G. L., probates by, validated 173
Live-stock depredations in Tyrrell County 303
Live stock :
in range 963
relief for owners of, in Tyrrell County 881
Locomotive engines, headlights 770
Longhurst, police powers 421
Long, W. G., T. J. Gordon and J. C. Laney, for relief of 135
1909 — Index. l-tll
Lower Country Line Primitive Baptist Association : page.
hawliing forbidden ^^^
sale of soft drinks '"^l"^
supplemental act ^^^'^
Lower Creek, drainage ^^-
M.
McDowell County :
bonds
135
quail *"^
i. • I''
pay of jurors
road law
road law
337
615
stock law 2^^
tax levy ~-"
Machinery Act ^^^
McNeill, P. G., and Ambrose Clark, relief of 158
McNeill's Township, road laws ^^
Macon County :
chain gang 217
Confederate monuments ^95
road laws — ^
sawdust in streams of 58
Madison County:
bridges
332
collection of arrears.
300
dispensary funds ^^
fees of officers
road law
stock law
256
208
251
stock raising 11^^
to establish a road --1
Manning's Township, road laws ^^-
Marion Township, road laws 149
Mark's Creek Township, appropriation of money 415
Marriages by unordained ministers validated 1306
Marriage ceremony, law relating to H*^-
Mars Hill Township, road law 1233
Martin County, Superior Courts 1"3
Martin and Catawba counties, game law 1206
Masonboro Sound, clams ^'^1
Mattamuskeet Lake, drainage 871
Meal and flour, standard-weight packages ^14
Meclclenburg County :
change of jail °"°
jame laws
897
pay of officers H^^
relief of conunissioners.
1031
1412 1909— Index.
Mecklenburg County : page.
road law 817
roads in towns 800
Melville and Haw River township line 48
Mental defectives, law for care of, amended ' 1309
Meters, inspectors of 1G4
Methodist Church in Bailey's, prohibition 1312
Middleton, L., to collect back taxes 155
Militia law amended 1129
Miller, George E., grant corrected 1162
Miller Hill Sehoolhouse and Pleasant Hill Church, sale of wine prohibited, 944
Milliken, John R., to collect arrears 891
Mills, condemnation of land for 333
Mineral Springs Township, road law 276
Ministers, unordained, marriages by, validated 1306
Mitchell County :
barbed-wire fences 1189
liability in criminal cases 66
pay of commissioners 291
public drunkenness forbidden 128
special tax for roads 242
Money Island Beach, police regulations 946
Monroe recorder's court 1089
Monroe Township, bonds 1163
Montgomery County :
fees of justices 249
justices appointed 79
justices and commissioners 250
relief of clerk of court 144
road discontinued 835
road law 360
road law (supplement) 1098
Superior Court 200
Montgomery and Randolph counties, court stenographers 414
Moore County :
bonds for bridges 188
bonds for Carthage Township 43
relief of sheriff and treasurer ; 306
stock law 54
Superior Courts 1206
to hire out convicts 417
Morehead City, sale of soft di-inks 834
Morgan, E. S., G. N. Arrington and J. W. Thomison appointed justices. . . 40
Mortgages and deeds of trust, to facilitate release 330
Mothers of indigent children, payment to 1078
Motor vehicles, registration and identification 765
Mountain and rainbow trout, protection of 1305
Mt. Gilead Township, road law 354
1909— Index. 1413
PAGE.
Mt. Prospect and College Hill Graded-school District, lines changed 1262
Municipal court. Greensboro 1^^^
Municipal elections. Randolph County 420
Mulberrj- Gap Road toll gate 37
Mules and horses running at large in Pitt County 305
Murphy Township, road tax repealed 1055
Muskrats protected in Currituck County 11<^3
N.
Narcotic drugs, sales to habitues forbidden 1106
Nash, Abner, relief of 203
Natmoore Creek, to prevent obstructions in 3{>4
Nash County :
justices of the peace 85
new township 252
number of commissioners 986
recorder's court 1000
sawdust in streams of 57
Superior Courts, criminal jurisdiction 255
Nash and Edgecombe counties :
game law ( squirrels ) 875
pay of surveyors 1124
Nash, Edgecombe and Rowan counties, automobiles 549
Nash and Halifax counties, primary elections 846
Nash and Wilson counties, court stenographers 985
Nashville Township, road law 1215
Nashville and Castalia townships, line changed 249
Negotiable instruments maturing on Saturday, special provisions re-
pealed 11'<'3
Neuse and Trent rivers, fishing (nets) 11'''4
New Bern :
bicentennial 297
special criminal court 1294
New Bern and county of Craven, appropriation for bicentennial 297
New Hanover County :
automobile license 'i^
automobiles 1137
bonds 374
commissioners classified 1193
criminal court 519
criminal court (supplement) 1165
elections 1265
elections (supplement) 1323
jurors 399
pay of jurors 59
salaried officers as witnesses 397
1414 1909— Index.
New Hanover County : page.
Superior Courts 1124
support of schools 465
New Hanover, Brunswick and Pender counties :
clams 1290
game law 1140
sale of timber or cross-ties caught adrift G7
New Hope, Oak Grove and Liberty churches, prohibition 840
Noland, D. R., to collect back taxes 203
North Fork, sawdust 1143
Northampton County :
collection of taxes 1311
fences 192
justices for Jackson Township 106
leave of absence for clerk 51
number and pay of commissioners 225
probates validated 1118
road law 447
road law (supplement) 528
Superior Court 819
Northampton and Bertie counties, Sunday excursion trains forbidden. . . . 1061
Northampton and Hertford counties, bonds of tax collectors 224
North Whitaker's Township, bonds 863
Nowell, J. H., appointed justice 305
Number Seven Township. Craven County, stock law 298
Number Six Township. Cleveland County, bonds 1031
O.
Oak Grove, Liberty and New Hope churches 840
Oath of road overseers 127
Ocracoke Township, justices 1.33
Oils and fluids, illuminating, inspection of 911
Old Topsail Inlet and Beaufort harbor, rates of pilotage 284
O'Neal's and other townships in Johnston County, stock law 1058
Onslow County :
auditor 1143
bonds 428
fishing 818
pay of commissioners 834
surplus of special tax fund 205
Superior Courts 241
Superior Courts 352
Optometry, to regulate practice of 761
Orange County, game laws 903
Orange and Person counties, Superior Court 799
Orphan asylum, colored, at Oxford, erection of dormitory 1132
Overseers of roads, oath of 127
Owens, M. L., appointed justice HIT
1909 — Index. 1415
PAGE.
Owls and hawks, to encourage destruction of 304
Oyster industry, for better regulation of 953
Oysters :
dredging in Pamlico Sound 918
protection in Pamlico County 1139
to promote cultivation of 1276
Oyster (sbellfisb) Commission, investigation of debt 1105
P.
Packing and sale of fisb 1060
Padget, M. C, appointed justice 77
Pamlico County :
construction of road , 1075
fisbiug in certain streams 1094
game law 1104
protection of oysters 1139
road law 387
Pamlico Sound :
oyster dredging 918
shooting wild fowl 138
Pantego Township and Belhaven, recorder's court 1120
Pa.squotank County :
police courts 134
Superior Court 223
Pasquotank and Camden counties, boundary defined 973
Patent confirmed, 2so. 99, to John Guerrard 836
Payment of claims in Swain County 95
Pee Dee Mill, No. 1, police powers 133&
Pee Dee Mill, No. 2, police powers 1336
Pender County :
hunting 186
pay of commissioners 1091
Pender, P>rnnswi(k and New Hanover counties :
clams 1290
game law 1140
.sale of timber or cross-ties caught adrift 67
Pensions :
Confederate ( State) ll,o4
increase by counties 979
law as to widows amended 1206
Pension fund, supplement, in Gaston County 999
Perquimans County :
bonds 139
road laws 220
Personal property, sales under mortgage 66
Iil6 1909— Index.
Person Couuty: page.
deputy register of deeds 904
justices of the peace 106
Person and Orange counties, Superior Courts 799
Pheasants, Randolph County, protection 39G
Phillips Gap Road, altered 830
Physicians, licenses 241
Pilotage, rates for Old Topsail Inlet and Beaufort harbor 2S4
Pitt Couuty :
horses and mules running at large s 305
jury tax 37
number of commissioners 68
salaries of officers 1160
sanitation of schoolrooms 965
Superior Court 273
Pitt and Wayne counties, game laws (squirrels) 205
Pleasant Hill Church and Miller Hill Schoolhouse, sale of wine pro-
hibited 944
Pocket Township added to Greenwood and Deep River 906
Police court, Hickory 796
Pasquotank County 134
Police powers :
Glen Raven Mills 409
Kannapolis 64
Kannapolis (supplement) 170
Longhurst 421
Money Island Beach 946
Saxapahaw Mills 1145
Steele's Mills, Pee Dee Mill No. 1, Pee Dee Mill No. 2, Robedel Mill
No. 1, Robedel Mill No. 2, and Hannah Pickett Mills, in Richmond
County 1336
Polk County :
appointment of sheriff 960
finance committee 293
game and fish law 957
pay of jurors 430
road law 595
sawdust in streams 947
Pool, O. F. F., to collect back taxes 153
Poor and indigent children, schoolbooks for 1225
Portrum's School District, special tax 374
Potecasi Creek, fish protected 1060
Poultry or stock tonics, regulators or conditioners, registration and sale of, 915
Primary elections :
Cleveland County 908
Cumberland County 1283
Halifax and Nash counties 846
Hertford County 1148
1909— Index. 1417
Primary elections : page.
Robeson County 960
Scotland County 1292
Union County 1251
Warren County 1133
Princeton, stock law for vicinity of 104S
Prisoners awaiting trial, relief of, in Richmond and Anson counties 113G
Prisoners, relief of, in Bertie County 176
Prisoners, separation of races 1215
Probates :
by G. L. Liverman validated 173
by W. L. Knight validated 1128
validated in Northampton County 1118
Prohibition :
Bailey's Methodist Church 1312
Burke County 902
churches in Carteret County 621
East Arcadia 1304
Elkton Schoolhouse 390
Hopewell Methodist Episcopal Church 1302
Oak Grove, Liberty and New Hope churches 840
Pleasant Hill Church and Miller Hill Schoolhouse, sale of wine pro-
hibited 944
Riley Hill Baptist Church 1162
Publication of citation in cases of caveat 84
Public buildings and works, bonds of contractors 1291
Public Charities :
Board of 855
relating to Board of 1307
Public debt:
extension of time to commute, compromise and settle 1101
construction bonds 1109
Public drunkenness prohibited :
Buncombe County 301
Carteret County 955
Catawba County 1233
Mitchell County 128
Swain County 1193
Yancey County 291
Public health, relating to 1167
Public sales, advertisement 11 71, 1283
Pungo Creek, fishing !>55
Pungo River, drainage 1201
Punishment, capital, to prescribe mode of 758
Puckott, R. C, C. L. Lewis, J. T. Spicer and C. C. Heggie, for relief of. 57
Pure-food law amended 1 308
Public schools, appi'opriation for, by State 1154
Public-school law amended 8.8.">
1418 1909— Index.
Quail : ' page.
Alexander County 174
Caldwell County S16
Chatham County S91
Chatham County (netting and trapping) 1110
McDowell County ,S79
Quail and partridges:
Forsyth County n07
Sampson County 1041
Qualla Township, construction of road nSi;
Queen's Creek and Brown Sound, clams protected S70
Queen, Marcus L., grant corrected 1140
R.
Races, separation in street cars 1256
Railroad companies :
Carolina Railway and Power Company incorporated 529
Virginia and Carolina Southern Railroad Company, charter amended. 345
Watauga Railway Company, aid in construction of 546
Railway corporations, protection of earnings of employees 860
Rainbow and mountain trout, protection of 1305
Raleigh Township, public schools 45
Randolph County:
bonds ( townships ) 1226
discontinuance of convict work 410
game law (pheasants) 396
justices of the peace 106
municipal elections 420
new courthouse and bridges 1180
road law 926
stock law 167
traction engines and road steamers 204
Randolph and Columbus counties, to hire out convicts 1024
Randolph and Montgomery counties, court stenographers 414
Ray, J. Bis., allowed use of Revisal 1091
Real estate, advertisement of sales 1102
Recorder's Court :
Aurora (town) and Richland Township 851
Belhaven (town) and Pantego Township 1120
Durham 70
Edgecombe County 919
Monroe 1089
Nash County 1000
New Bern 1294
Reidsville 120
Washington County 973
Records and grants, card index 862
1909— Index. 1419
PAGE.
Reddie's River, sawdust 27G
Red Oak Township created 252
Red Springs Township :
cotton weigher 295
cotton weigher (supplement) 835
Reedy Creek Township, justices of the peace 48
Reformatory for Criminal Negro Youth 1194
Registers of deeds :
to appoint deputies (general law) 998
fee for cancelling mortgages 1155
Durham County, to appoint deputy 109
Person County, to appoint deputy 904
Registration and sale of concentrated commercial feeding stuffs 160
Registration of contracts made by corporations, to facilitate 395
Registration of deaths 1111
Registration of grants, time extended 180
Reidsville, recorder's court 120
Reidsville Township, sale of "near beer" 237
Residence of domestic corporation defined 1282
Revenue Act 655
Revisal amended :
section 28. subsection 1 1207
section 180 1321
sections 224 and 239 1314
section 573 1104
section 641 1102
section 924 1078
section 1042 GO
section 1040 1056
section 1051 1103
section 1 128 868
section 1207 47
section 1253 37
section 1283, chapter 22 66
section 1283 126
section 1289 59
section 131 1 68
section 1311 225
section 131 1 352
section 1314 841
section 1318, subsection 15, Volume 1 49
section 1318 555
section 1319 250
section 1389 129
section 1409 192
section 1409 1108
section 1506 187
1420 1909— Index.
Revisal amended : page.
section 1506 200
section 1506 351
section 1506 432
section 1506, chapter 28 925
section 1506, chapter 28 938
section 1506, chapter 28 945
section 1506, chapter 28. 1028
section 1506, chapter 28 1312
section 1661 69
section 1661 Ill
sections 1661, 1662 192
section 1689 1257
section 1699 1306
section 1708 1172
section 1733, chapter 37 771
section 1872 198
section 1882 170
section 1882 966
section 1884 1115
section 1980 1273
section 2001 61
section 2021 60
section 2028 56
section 2040 159
sections 2055, 2775, 2776 894
sections 2081, 2089 1102
sections 2234, 2296 1173
section 2429. chapter 58 1100
section 2457 818
section 2461 654
section 2482 105
section 2613 332
section 2681 298
sections 2686, 2712 420
sections 2712, 2785, 2798 61
section 2712. chapter 65 204
section 2716 127
section 2721 "^
section 2727 204
section 2753 62
section 2776, and chapter 17, Public Laws of 1899, re-enacted 51
section 2776 1155
section 2777 S90
section 2778 944
section 2785 433
section 2785 834
section 2785 9<58
1909 — Index. 1421
Revisal amended : page.
section 2786, chapter 66 398
section 2798 42
section 2798 50
section 2798 120
section 2798 127
section 2798 1189
section 2802 1124
section 2944 420
sections 3045, 3058, 3457, 4440, 4442, 4444, 4457, 4460, 4508 1107
section 3057 118G
section 3072 126
section 3073, chapter 77 398
section 3093 Ill
section 3136 84
section 3316 963
section 3340 ; 1262
section 3382 (a) , chapter 81 198
section 3382a 1144
section 3427 1063
section 3471 1225
section 3657 1233
section 3657 1280
section 3733 1193
section 3733 1233
section 3746 1303
section 3769 967
section 3769 998
section 3769 1189
.section 3773 83
section 3803 12.52
section 3806 1264
section .3890 1307
section 4097 1154
sections 4112, 4099, 4100, 4101, 4102, 4103, 4104, 4105 868
section 4129 1258
section 4145 1147
sections 4314. 4353 1.305
section 4445 1101
section 4498 241
section 4969 284
section .5006 1260
section 5315, chapter 113 67
section 5349 8-32
certain sections, being parts of Public School Law 883
certain sections 907
chapter 21 1116
chapter 66 '. 1307
1422 1909— Index.
Revisal amended : page.
chapter 77 122J:
chapter 81 384
chapter 85 855
section 8, chapter 87 109
chapter 100 1326
chapter 101 1291
Revisal repealed :
section 1315 831
section 3073, and new section provided 1096
section 3478, chapter 81 138
sections 4112, 4099, 4100, 4101, 4102, 4103, 4104, 4105 868
Revisal, use of, by J. Bis. Ray authorized 1091
Richland Township, protection of crops 1189
Richland Township and Aurora (town) recorder's court 851
Richmond County :
auditor 394
bonds 418
compensation of sherifC 1166
compensation of treasurer 1167
Confederate monument 433
consolidation of road commissions 300
contribution to Confederate monument 842
pay of commissioners 119
pay to clerk for keeping minutes 1166
police powers at certain mills 339
special veniremen 171
to hire ovit convicts 55
Richmond and Anson counties, for relief of prisoners awaiting trial 1136
Richmond, Catawba and Rutherford counties, barbed-wire fences 384
Richmond and Scotland counties, game law (deer) 1099
Richmond and Scotland counties, game law 1063
Riley Hill Baptist Church, for relief of 1162
Rivers and creeks :
Ahoskie Swamp, protection of property owners 896
Bath, Blount's, Jordan's, Pimgo and Wright's creeks, fishing 955
Big Ivy Creek, sawdust 119
Black River, fishing 834
Brown Sound and Queen's Creek, clams protected 876
Cape Fear River, fishing 1232
Clark's Creek (Catawba County) , drainage 1004
Clark's Creek, drainage 987
Fishing in Black River, Six Runs, Big Coharie, Little Coharie and
Bear Skin rivers 137
Grant's Creek, drainage 876
Goodwin's mill pond, fishing 133
Haw River, protection of fish 377
Haw River and Troublesome Creek, drainage 386
1909— Index. 1423
Rivers and creeks : page.
Hiawassee River, free passage of fisli 128
Hiawassee River, obstructions 6.54
Hoyle's Creelv, drainage 1124
Hunt's Fork and Hanks' Branch, drainage 224
Little River, fishing ^ 277
Lower Creek, drainage 112
Xatnioore Creek, to prevent obstructions in 304
Xeuse and Trent rivers, fishing (nets) 1174
North Forlv, sawdust 1143
Potecasi Creek, fish protected 1060
Pungo River, drainage 1201
Reddie's River, sawdust 276
Sawyer's Creek, sawdust and fishing 306
Scuppernong River, pound or dutch nets 1.34
Slade's and Fortescue's creelvs 880
South Fork River, sawdust 1144
Sparks' Creek, sawdust 223
Wilson's Creek, fishing 105
River and Judkins townships, road laws 1.55
Roads, Dillon, for better working 1062
Roads, improved, to stimulate construction of 1.320
Roads :
Mulberry Gap toll gate 37
Phillips' Gap altered 836
Road law :
Alexander County 1173
Ashe County (graded road) 807
Ashe County (graded road) 1,57
Ashe County 378
Banner Township 802
Beaver Dam Township 405
Beaver Dam Ward 5.5i
Bertie County .53
Black Jack Township 277
Bladen County 204
Brunswick County, certain townships 573
Buncombe County 88
Caswell County ~ 360
Catawba County 1076
Chatham County 153
Cherokee County 557
Clay County .561
Cleveland County 544
Cleveland County 1066
Colly Township 81 7
Columbus County 150
Cumberland County 412
1424 1909— Index.
Road law : page.
Currituck County 338
Duke Township 963
Dunn Road District 12G1
Durham County 808
Edgecombe County 1057
Forsyth County 1167
Franklin County 260
Franklinton Township 278
Gates County 1050
Graham County 870
Granville County 776
Guilford County 439
Halifax County 1242
Hertford County 608
Iredell County, macadam roads 1017
Iredell County 1142
Jones County 1093
Lee County ( convicts ) 402
Lee County 803
Lincoln County 1 045
McDowell County 337
McDowell County 615
McNeill's Township 96
Macon County 226
Madison County 208
Manning's Township .182
Marion Township 149
Mars Hill Township 1233
Mecklenburg County 817
Mecklenburg County, roads in towns 806
Mineral Springs Township 276
Mitchell County 242
Montgomery County 360
Montgomery (supplement) 1098
Mt. Gilead Township 354
Nashville Township 1215
Northampton County 447
Northampton County (supplement) 528
Pamlico County 387
Pamlico County 1075
Perquimans County 220
Polk County 595
Randolph County (discontinuance of convict work) 410
Randolph County 926
Richmond County 300
River and Judkins townships 155
Robeson County 582
1909 — Index. 1425
Road law : p^ge.
Robesou Couuty (supplement) 1319
Robesou Couuty 1325
Rowau Couuty 1120
Rutherford County g42
Rutherford County, repealed 50
Sampson County 173
Sampson Countj' 266
Sauratown Township 808
Steel's Township 275
Smith Creek Township 924
Thomasville Township I93
Transylvania Couuty 453
Union County 1056
Valleytown Township 1320
Wake County 307
Warren County I57
Washington, protection of roads 390
Watauga County IIO5
Wayne County 339
Wayne County 1198
Wilkes County 1 155
Yadkin County, amended 78
Yadkin County 208
Road overseers, oath of ]27
Road steamers and traction engines in Randolph County 204
Road supervisors, meetings of 420
Robedel Mill Xo. 1, police powers 133(;
Robedel Mill No. 2, police powers 133G
Robeson County :
board of audit and finance 823
bonds 129
fees for summoning special venire 383
new township 19;)
pay of commissioners 284
primary elections 9(50
relief of board of education 400
road law 582
road law 132.-,
road law (supplement) I319
Superior Courts 202
Rockingham County :
game law (birds during breeding season) 1127
pay of jurors r)_-(.
salaries of officers 030
wire fences f,;,^
Rockingham, Davidson, Forsyth. Surry and Stokes counties, drainage. . 819
Pub.— 90
1426
1909— Index.
PAGE.
Rockingham, Granville and Catawba counties, game law (dogs running
at large) 1095
Rockingham (town) Confederate monument 687
Rowan County :
depredations of domestic fowls 1248
call of civil docket 341
county court established 434
court stenographer 1025
justices of the peace 40
road law 1119
Superior Court, civil docket 351
Rowan, Nash and Edgecombe counties, automobiles 549
Rutherfordton Township, bonds 948
Rutherford County :
arrears of taxes 1153
Confederate monument 339
game law 1292
pay of officers 976
protection of game and landowners 219
road law 842
road law repealed 50
special policemen 197
special tax for bridges 70
special tax 404
Rutherford and Clay counties, protection of roads and bridges 445
Rutherford, Richmond and Catawba counties, barbed-wire fences 384
S.
St. Matthew's Township, appropriation of money 416
Salary of Commissioner of Labor and Printing 62
Sale and packing of fish 1060
Sale of personal property under mortgage 66
Sales, public, advertisement of 1171
Sales, public, advertisement 1283
Sales of real estate, advertisement 1102
Sale and registration of concentrated commercial feeding stuffs 160
Sampson County :
acts of justices validated 274
automobiles 206
fences 69
game law (quail and partridges) 1115
number of commissioners 80
road law . . - ......;.. 178
road law 266
Superior Courts 1028
Superior Court 045
weights and measures . . '. 3!t8
Sampson and Guilford counties, squirrels protected 69
1909— Index. 1427
PAGE.
Sanatorium for Treatment of Tuberculosis, reports and meetings 1241
Sanitation of court room 1^^^
Sauratown Township, road law ''^08
Sawdust :
in streams of Alamance County 8^8
in streams of Chatham County 006
in streams of Edgecombe County 302
in streams of Jackson County 300
in streams of Johnston County 1055
in streams of Macon County ^^
in streams of Nash County ^^
in streams of Polk County ^^47
in streams of Stanly County 1095
in streams of Watauga County 06o
in Big Ivy Creek 11^
in North Fork 11^
in Eeddie's River ^''^
in Sawyer's Creek 306
in Sparks' Creek 2^3
in South Fork RiveV and streams of Burke County 1144
Sawyer's Creek, sawdust and fishing 306
Saxapahaw Mills, police powers 1145
Schoolbooks for poor and indigent children 122o
School law amended (general law) 8S3
Schools and colleges :
Cullowhee Normal and Industrial School building committee 1026
Guilford College, sale of cigarettes prohibited 986
School District No. 1, Madison County, election validated 396
School districts :
formation of 1^^^
No. 1, in Madison County, election validated 396
Glenola, special-tax, boundary changed 339
Portrum's, special-tax 374
lines in Sterling's Township ^^
Schools, public, appropriation for, by State 1154
Scotland County :
bonds ( townships ) ''^^
primary elections ^'^•'-
separate schools for Indian race 1110
Superior Courts ^00
Scotland and Anson counties, relief of surveyors 384
Scotland and Anson counties, surveyor's fees as witness 47
Scotland and Richmond counties :
game law 10^3
game law (deer)
1099
Scuppernong. or Lake Phelps ( fishing) 430
Scuppernong River (pound or dutch nets) 134
Secretary of State, card index for grants and records 862
1428 1909— Index.
PAGE.
Securities, approval of 1324
Seeds, agricultural and vegetable, purity and viability 1331
Shellfish Commission, iuvestigatiou of debt 1105
Sheriffs to seize aud destroy distilleries 1186
Sheriffs and tax collectors :
to collect arrears (general law) 1065
Cleveland County, relief of 304
Dare County, fees S90
Graham County (ex-sheriff), arrears collected SO
Granville County, time of settlement 351
Lincoln County, relief of IIS
Madison County, to collect arrears 300
Polk County, appointments to vacancies 960
Richmond CQunty, compensation for holding court 1166
Robeson County, fees for summoning special venire 383
Rutherford County, collection of arrears 1153
Wake County, compensation of 946
Bates, T. N., for relief of 302
Choate, S. A., for relief of 903
Cooper, W. B., bondsmen to collect taxes 289
Davis, J. M., for relief of 292
Dean, H. D., to collect arrears 967
Honeycutt, M. C, for relief of 1147
Howard. Mrs. Emma Alice, for relief of 151
Johnson, J. H., for relief of 143
Kearney, H. C, for relief of 1135
Kernodle, R. T., to collect taxes 148
McNeil, P. G., and Ambrose Clark, relief of 158
Middleton, L., to collect back taxes 155
Milliken, John R., to collect arrears 891
Noland, D. R., to collect back taxes 293
Pool, O. F. F., to collect back taxes 153
Summers, W. A., for relief of 962
Six Runs, Black River, Big Coharie, Little Coharie and Bear Skin rivers,
fishing in 137
Sixth Judicial District, Superior Courts 1289
Slades Creek, name changed *. 880
Smith Creek Township, road law 924
Smithfield, cotton weigher 294
Smithville Township, good-roads fund 237
Snow Creek and Danbury townships, line changed 1181
Soldiers' Home, for relief of inmates 1091
Southern Assembly incorporated 567
South Fork River, sawdust 1144
Sparks' Creek, sawdust 223
' 1909— Index. 14:29
Special tax : p^«^^
for schools (general law ) '^'^^
Anson County '^
Ashe County ' '^
Ashe County (for bridges) ll*^
Beaufort County ^ _
Brunswick County '^^^
CO
Buncombe County '^^
Caswell County -"^ _
Cherokee County (bridges) 4G6
Craven County 10^^
Currituck County '*0^
Gates County "^^^
4.9 T
Greene County '*-'^
Hertford County ^^^
Hyde County (bridges) 146
Iredell County ^'^^
Mitchell County (for roads) 242
Rutherford County ( bridges ) "*^
Rutherford County (for roads) 404
Sylva and Webster townships 14S
Transylvania County 1^-
Special policemen, Rutherford County 1^"
Special terms of court, compensation of judge 105
Spicer, J. T.. C. L. Lewis, R. C. Puckett and C. C. Heggie. for relief of 57
Squirrels :
devastations
170
170
killing
Central and Elizabethtown townships 1^3
Chowwin County 4<)
Currituck County 410
Edgecombe and Nash counties ^"5
Hertford County ^'^'^
Lenoir County •'*''''
Pitt and Wayne counties ^Oo
Sampson and Guilford counties CO
White Oak Township ^'*^^
Squirrels and ducks, Guilford County 307
Stanly County :
cotton weighers •'*'4
1 MOO
game law
sawdust in streams of lOU'y
State aid to erection of moimment to Henry T>. Wyntt 1130
State Association of County Connnissioners created 12r)4
State Board of Education :
drainage of Mattamuskeet Lake ^'''^
protection to lands of ^303
special appropriation for schools • S08
1430 1909— Index. "
State bonds : page
for care of mental defectives 872
issue authorized 525
settlement of South Dakota bonds HOD
State boundaries, protection of 67
State charitable and educational institutions, sanitary surroundings 1103
State departments and institutions, examination and clioclcing 1119
State forests 107
State Hospital at Raleigh to receive epileptics 1313
State Hospital Commission, funds available for 1310
State Hospital for Dangerous Insane, enlargement 1310
State institutions :
appropriations for 773
election by directors of one of their number 1214
power of directors in regard to land S3S
State Laboratory of Hygiene, law relating to, amended 118G
State Librarian, pay of employees 1301
State penitentiary, jails and convict camps, separation of prisoners 1215
State Printers to print bulletins of North Carolina Agricultural Exi)eri-
ment Station 1003
State property, protection from fire 1290
State's Prison, return of earnings to 104
State Superintendent of Public Instruction, ex officio trustee of the I'ni-
versity 031
Steele's Mills, police powers 1336
Steele's Township, game law 1140
Steele's Township, game law 1145
Steele's Township, road law 275
Steel traps, setting on lands of others forbidden 414
Sterling's Township, lines of school-tax districts 52
Stewart's Creek and Lillington townships, stock law 285
Stock law :
Ashe County 144
Lee County 1304
Lillington and Stewart's Creek Township 285
McDowell County 288
Madison County 251
Moore County 54
No. 7 Township, Craven County 2!»S
O'Neal's and other townships, Johnston County 105S
Princeton, vicinity of 1048
Randolph County 167
Warsaw Township 580
Stock in stock-law territory, to regulate 331
Stock-law territory, to regulate stock in 331
Stock or poultry tonics, regulators or conditioners, registration and sale of, 915
Stock raising in Madison County 1100
1909 — Index. 1431
Stokes County : page.
pay of jurors 192
Superior Courts 21G
to promote education 424
Stokes, Rockingham. Davidson. Forsyth and Surry counties, drainage, S19
Stovall (town) , relief for commissioners 57
Street cars, separation of races ; 1256
Sudderth, Abraham, Jr., grant corrected 63
Summers, W. A., for relief of 962
Sunday excursion trains forbidden 1061
Superior Courts :
Bladen County 411
Caldwell County 39
Cherokee County 432
Cleveland County (juries) 413
Duplin County 952
Eighth Judicial District 1263
Forsyth County 4.32
Johnston County 1312
Halifax County 1023
Harnett County 925
Hertford County 93S
Lee County (return of process) 980
Lenoir County 1078
Lenoir County 1273
Martin County 17,3
Montgomery County 200
Moore County 1206
Nash County (criminal jurisdiction) 255
New Hanover County 1124
Northampton County 819-
Onslow County 241
Onslow County 352
Pasquotank County 223
Person and Orange counties 799
Pitt County 273
Robeson County 202
Rowan County (call of civil docla>t ) 341
Rowan County (civil dockets) 351
Sampson County 945
Sampson County 1028
Scotland County 800
Sixth Judicial District 1289
Stokes County 216
Third District 200
Tyrrell County 187
Tyrrell and Dare counties 898
Union County 619
1432 1909— Index.
PAGE.
Superintendent of Pul)lie Instruction, State, ex officio trustee of Univer-
sity 631
Superior Court, sperial term, compensation of judges 105
Supervisors of roads, meetings of 420
pay in Johnston County 61
Supreme Court :
assistants and employees 132
compensation of stenographers 839
salary of Assistant Librarian 1111
salaiy of Marshal 1092
Surry County, bonds validated 978
Surry, Stokes, Rockingham, Davidson and Forsyth counties, drainage. . . 819
Surveyors :
fees when giving testimony 47
paj' in Nash and Edgecombe counties 1124
Scotland and Anson counties, relief of 384
Svpain County :
office of treasurer abolished 112
payment of claims 95
pay of jurors 816
protection of fish 282
protection of forest ranges 138
public drunkenness forbidden 1193
Swain, Haywood. Jackson and Transylvania counties, court stenogra-
phers 527
Swain and Jackson counties, depredations of turkeys and geese 68
Swain, D. L., settlement of debt due estate of 1127
Swann, J. R., moneys in hands of 82
Switch-lock keys, to prevent manufacture and sale of duplicates 1171
Sylva Township, hunting 895
Sylva and Webster townships, special tax 148
T.
Tax collectors, bonds of, in Hertford and Northampton counties 224
Taxes :
suspension of collection 742
to provide for assessment of property and collection of 688
Tenants in Bertie County 61
Test farms, sale authorized 115
Third District (Judicial ) . terms of court 200
Thomasville Township, road law 193
Thomisoa. J. W., G. N. Arrington and E. S. Morgan appointed justices. . . 40
Timber and cross-ties caught adrift, sale of 67
Toll gates on Mulberry Gap Road 37
Townships :
Ahoskie. line changed 1077
Alligator. Dillon Road 1062
1909— Index. 1433
Townships : page.
Atlantic, deer 431
Atlantic, fishing 981
Banner, I'oacl law 892
Beaver Dam. road law 405
Black Jack, road law 277
Bladenboro. bonds 969
Bladen County, bonds 325
Bolton, created 427
Boonville, bonds and toll bridge. 936
Carthage, bonds 43
Castalia, bonds 1190
Chatham County to be divided into 386
Cleveland, to sell land 1141
Colly, road law 817
Colly, trapping 6.54
Columbus, bonds 622
Danbury and Snow Creek, line changed 1181
Duke, road law 963
Durham and city of Durham, special criminal court 70
Elizabethtown and Central, squirrels 193
Franklinton, road law 278
French's Creek, Cypress Creek, Turnbull and Colly, game law 567
Grapevine No. 14, justices of the peace 40
Grove and Averysboro, game law ( bunting) 1313
Gulledge. voting precincts. .399
.Jackson, justices of the peace 106
Ijeaksville, policemen 853
Lee's and Bug Ilill, game law .5(50
Lexington, bonds 1080
Lillington and Stewart's Creek, stock law 285
McNeill's, road law 96
Manning's, road law 182
Marion, i-oad law 149
Mark's Creek, -iii)pi'opriation of money 415
Mars Hill, road law 1233
Melville and Haw River line 48
Mineral Springs, road law 276
Monroe, bonds 1163
Mt. Gilead, road law 3.54
Murphy, road tax repealed 1055
Nashville, roa<l law 1215
Nashville and ('astalia. line changed 249
North Whitakcr's, l)()nds 8(>3
Number Six, Cleveland County, bonds KKU
Number Seven, Craven County, stock law 298
Ocracoke, justices 133
O'Neal's and others in .Johnston Cfiuuty, stock law 10.58
1434 1909— Index.
Townships : pagk.
Paiitego and town of Belharen, recorder's court 1120
Pocket, added to Greenwood and Deej} River !)(¥►
Qualla, construction of road OOU
Raleigh, public schools 45
Red Oak, created 252
Red Springs, cotton weigher 205
Red Springs, cotton weigher (supplement) S.'!5
Reedy Creek, justices of the peace 48
Reidsville, sale of "near beer" 2:M
Richland, protection of crops 1189
Richland and Aurora (town) recorder's court 851
River and Judkins, road law 155
Rutherfordton, bonds 948
St. Matthew's, appropriation of money 41(i
Sauratown Township, road law. 808
Smith Creek, road law 024
Smithville, good-roads fund 237
Steele's, game law 1140
Steele's, game law 1145
Steele's, road law 275
Sterling's, lines of school-tax districts 52
Sylva, hunting 895
Thomasville, road law 193
Valleytown, bonds 268
Yalleytown, road law 1320
Warsaw, stock law 580
Webster and Sylva, special tax .- 148
White Oak, squirrels 176
Township supervisors, meetings of 420
Traction engines and road steamers in Randolph County 204
Trade and commerce, conduct interfering with 772
Transylvania County :
road law 453
seining forbidden 142
special tax 1.32
Ti-ansylvania. Haywood, Jackson and Henderson counties, game law
(deer) ,S31
Transylvania, Jackson, Haywood and Swain counties, court stenogra-
phers o27
Trapping, Colly Township 6.54
Trent and Neuse rivers, fishing (nets) 1174
Trespass, law relating to, amended 1.303
Troublesome Creek and Haw River, drainage .386
Trust law 772
Tuberculosis sanatorium, reports and meetings of directors 1241
Tugboats and other boats liable for supplies 159
1909— Index. 1435
PAGE.
Turkeys and geese, depredations in Jackson and Swain counties G8
Turnbull, Colly, French's Creek and Cypress Creek townships, game law. 5(57
Tyrrell County :
construction of road 1200
county buildings 55")
depredations of live stock 303
election of commissioners 95S
fences Ill
game law (deer) 221
game law, shipping birds 1225
live stock in range l)G3
owners of live stock 881
Superior Courts 187
Tyrrell and Dare counties, Superior Court 898
Union County :
bonds (roads) '. 886
cotton weighers 200
glass and obstructions in roads 1074
primary elections 1251
relief of commissionei's 135
road law 1050
salary of clerk 1057
Superior Court 619
University, aid to law school 1173
University, settlement of debt to estate of Governor Swain 1127
State Super! Jiteudent Public Instruction ex officio trustee G^^l
Upper Country Line Primitive Baptist Association 1093
V.
Validity of grants, in regard to 1306
Valleytown Township :
bonds 268
road law ]320
Vance County :
depredations of fowls 1132
game laws 877
vacancies in board of commissioners 841
Vance and Franklin counties, line changed 1303
Vegetable and agricultural seeds, purity and vial)ility 1331
Villages. (See Cities and Towns.)
Virginia and Carolina Southern Railroad Company, charter ainciidcd. . . . 345
Wake County :
board of education to borrow money 86
bonds 340
compensation of sheriff 946
1436 1909— Index.
Wake County : page.
dogs taxed 940
fees of jurors and witnesses 907
game law 1092
game law 1113
hunting 981
pay of commissioners 942
road law 307
sale of real estate for taxes 948
Walker, J. C, reward for capture of 65
Walker, P. H., appointed justice 1117
Walters. L. M., W. L. Hendrix and J. W. Calloway, for relief of 850
Wards, cultivation of lands by guardian 69
Warren County :
game law 352
labor of convicts 556
primary elections 1133
road law 157
Warsaw Township, stock law 580
Washington County :
protection of roads 390
recorder's court • 973
Watauga County :
fishing 126
road law 1105
sawdust in streams of 965
Watauga, Ashe and Alleghany counties, condemnation of land for mills. . 333
Watauga Railway Company, aid in construction of 546
Water, gas and electric meters, inspection 164
Wayne County :
bridges 83
game law ( foxes) 1314
justices of the peace 187
road law 389
road law 1198
short-form mortgages 51
Wayne and Pitt counties, game law (squirrels) 205
Webster and Sylva townships, special tax 148
Weights and measures :
law relative to, amended 1096
law amended 1224
Western North Carolina Railroad construction bonds, settlement of 1109
White Oak Township, squirrels 176
Widows :
pension law relative to, amended 1206
year's support Ill
Wild fowl :
Dare County 898
shooting in Pamlico Sound 138
1909 — I^DEX. U:J7
Wilkes Couuty : pagk.
bridge within two miles of Elkville 1075
court stenographers 424
fees of witnesses oO
line changed 120.")
pay of jurors IISO
relief of ex-sheriff 143
road altered 8-^0
Wilkes Couuty, road law lloa
Wilkes and Alleghany counties, dividing line S3
Wilkes and Ashe counties, boundary line 249
Williams, .J. A., and R. C. Glover appointed commissiont rs of Nash
County OSG
Wilson's Creek, fishing l"-">
Wilson County :
bonds '>4S
pay of jurors 77
Wilson and Nash counties, court stenographers OS.")
Wilson, cotton weigher 024
Wine and cider :
sale forbidden near Methodist Church in Bailey's 1312
sale prohibited at certain churches in Carteret County (>21
sale prohibited at East Arcadia 1304
sale prohibited at Elkton Schoolhouse 300
sale prohibited at Pleasant Hill Church and Miller Hill Schoolhouse. 044
sale prohibited at Riley Hill Church 1102
Wire fences :
law as to, amended 067
Catawba, Richmond and Rutherford counties 3S4
Jackson County 1130
Mitchell County 1180
• Rockingham County 998
Witnesses, fees in Wilkes County 50
Woodlands, security for 107
Wooten. T. J., appointed justice 60
Worth. William H.. relief of surety 302
Wright's Creek, fishing 055
Wyatt. Henry L., monument, fo 1136
Y.
Yadkin County :
game law 076
game law 1000
road law amended 78
road law 208
Yancey County :
pay of Clerk Superior Court 201
pay of commissioners 433
public drunkenness prohibited 291
sale of couuty home 301
INDEX
TO THE
RESOLUTIONS,
SESSION 1909.
PAGE.
Adjournment, as to 1369
Auditing Committee, expense of committee to consider report of 1362
Blind, higlier education of ; 1366
Blue, John, and Mr. Tuft, thanlis 1350
Bolton, Dr., and Dr. J. R. Gordon, expenses paid 1341
Burrus, W. P., in favor of 1364
Capitol :
to provide more lights for 1350
sanitation 1365
Capital Club, thanks 1369
Carnegie Foundation Fund, University within benefits of 1342
Central Hospital, contingent appropriation 1363
Clerks to committees, concerning 1362
Clerks, Engrossing and Enrolling, in interest of 136l
Clerk of House and Senate, on behalf of 13.53
Coaling station at Southport, relative to establishment of 1357
Deaf and Dumb Institute :
expense of visiting committee 1346
expense of visiting conunittee 1348
Education, expense of subcommittee on 134G
Employees, pay of 1361
Fisher, Geox'ge C, pay for services 1353
Fishery industries, for promotion of ' 13.52
Freight rates, concerning 13(j7
Governor's message, to hear 1339
Hayes, Mrs. S. J., in favor of 1355
Hayes, T. N., funeral expenses 1345
H. L. Wyatt Monument Advisory Comniittee, .1. A. Mitclieiicr added 1368
Hilliard, Bartlett Y., in favor of 13.56
Hospital at Morganton, expenses of visiting committee 1344
Inaugural address, to print 1340
Inaugural ceremonies, east portico reserved for 1340
Inaugural Conunittee. expenses 1344
Insane asylums, expenses of visiting committees 1.345
1440 1909 — IxDE.x.
PAGE-
Italy, sympathy to 1343
Kitcbiu, Hon. W. W., inaugural address of 1340
Land title, relating to 1369
Lee's birthday, celebration of 1341
Life-saving service, relief of disabled members 1347
Lineberry, W. S., for relief of 1363
Lisk, J. A., in favor of 1340
Mitcbener, J. A., added to committee 1368
Morel, Miss A. V., pay for services 1350
Pages, relative to compensation of 1.".54
Pell's Revisal, purchase of sets of 1365
Penal institutions, expense of subcommittee 1351
Phillips, N. C, for relief of 1368
Sanatorium for treatment of tuberculosis, election of directors for 136S
Senator, United States, relative to election of 1340
Scuppernong River, concerning survey of 1367
Soldiers' Home, uniforms for inmates 1356
Soutbport, relative to establishment of coaling station at 1357
State Capitol, sanitary condition 1365
State Hospital for Tuberculosis, expense of visiting committee 1349
State officers, returns of election of 1339
Stringfield, D. M., expense of contest 1364
Thompson, W. A., pay for services 1354
Timberlake, Julian, Jr., compensation 1348
Tuberculosis, directors of sanatorium for 1368
Tuft, Mr., and John Blue, thanks 1350
United States Senator, relative to election of 1340
University, election of trustees 1351
University, election of trustee 1351
University within benefits of Carnegie Foundation Fund 1342
T'niversity, thanks to president and students 1341
Williams, C. T., expense of contest 1355
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