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

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 thereup