(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Revised statutes of North Carolina : prepared under chapter three hundred and fourteen of the laws of one thousand nine hundred and three"

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/revisedstatuteso19nort_0 



,N6ftlf ^aroli n a__G tglOit^ary 

REVISED STATUTES 



OF 



NORTH CAROLINA. 



PREPARED UNDER CHAPTER THREE HUNDRED AND FOURTEEN 
OF THE LAWS OF NINETEEN HUNDRED AND THREE. 



BY 



THOMAS B. WOMACK, NEEDHAM Y. GULLEY, 
WILLIAM % RODMAN. 



IN TWO VOLUMES. 



VOLUME TWO. 



RALEIGH: 

E. M. Uzzell & Co., State Printers and Binders. 
1904. 



TABLE OF CONTENTS. 



VOLUME ONE. 



CHAPTERS. 



1. 


Administration. 


2. 


Adoption of Minor Children 


3. 


Aliens. 


4. 


Apprentices. 


5. 


Attorneys at Law. 


6. 


Auctioneers. 


7. 


Bastardy. 


8. 


Bonds. 


9. 


Boundaries. 


10. 


Burnt Records. 


11. 


Civil Procedure. 


12. 


Clerks Superior Court. 


13. 


Commissioners of Affidavits. 


14. 


Common Law. 


15. 


Constables. 


16. 


Contempt. 


17. 


Conveyances. 


18. 


Coroners. 


19. 


Corporations. 


20. 


Corporation Commission. 


21. 


Costs. 


22. 


County Commissioners. 


23. 


County Prisons. 


24. 


County Revenue. 


25. 


County Treasurer. 


26. 


Courts — Justices. 


27. 


Courts — Superior. 


28. 


Courts — Supreme. 


29. 


Descents. 


30. 


Divorce and Alimony. 


31. 


Drainage. 


32. 


Electric Companies. 


33. 


Estates. 


34. 


Evidence. 


35. 


Fences and Stock Law. 


36. 


Gaming Contracts. 


37. 


Grants. 



iv CONTENTS OF VOLUME ONE. 

38. Guardian. 

39. Habeas Corpus. 

40. Hunting. 

41. Idiots, Inebriates and Lunatics. • 

42. Innkeepers. 

43. Insolvent Debtors. 

44. Inspection. 

45. Interest. 

46. Jurors. 

47. Landlord and Tenant. 

48. Libel and Slander. 

49. Liens. 

50. Liquors. 

51. Marriage. 

52. Married Women. 

53. Mills. 

54. Names of Persons. 

55. Navigation. 

56. Negotiable Instruments. 

57. Notaries. 

58. Oaths. 

59. Officers. 

60. Oysters and Fish. 

61. Partition. 

62. Partnership. 

63. Railroads. 

64. Register of Deeds. 

65. Religious Societies. 

66. Restoration to Citizenship. 

67. Rivers and Creeks. 

68. Roads, Bridges, Ferries. 

69. Salaries and Fees. 

70. Sheriff. 

71. Statutes, Construction of. 

72. Strays. 

' 73. Sunday and Holidays. 

74. Surety. 

75. Taxes, Collection of. 

76. Towns. 

77. Trademarks. 

78. Warehousemen. 

79. Water Supplies. 

80. Weights and Measures. 

81. Widows. 

82. Wills. 

83. Wrecks. 

84. Criminal Procedure. 

85. Crimes. 



TABLE OF CONTENTS. 



VOLUME TWO. 



CHAPTERS. 

86. Agricultural Societies and Fairs. 

87. Banks. 

88. Building and Loan Associations. 

89. Bureau of Labor and Printing. 

90. Charities. 

91. Department of Agriculture. 

92. Education. 

93. Elections. 

94. Embalmers. 

95. Firemen's Relief Fund. 

96. General Assembly. 

97. Health. 

98. Historical Commission. 

99. Hospitals for Insane. 

100. Impeachment. 

101. Insurance. 

102. Internal Improvements. 

103. Militia. 

104. Mines. 

105. Pensions. 

106. Public Buildings and Grounds. 

107. Public Debt. 

108. Public Libraries. 

109. Public Printing. 

110. Revenue. 

111. Soldiers' Home. 

112. State Boundaries. 

113. State Flag. 

114. State Officers. 

115. State's Prison. 

116. Trained Nurses. 

117. United States Land. 

118. Veterinary Surgeons. 

119. Concerning these Revised Statutes. 



3798 AGRICITL. SOCIETIES—/. N. G. Agr. Soe. Ch. 86 

CHAPTER 86. 
AGRICULTURAL SOCIETIES AND FAIRS. 

Sections. 

I. North Carolina Agricultural Society, 3798—3802 

II. County societies, 3803—3810 

I. North Carolina Agricultural Society. 

3798. Incorporated. The North Carolina agricultural society, 
as organized by a voluntary association, on the eighth day of Octo- 
ber, one thousand eight hundred and fifty-two, at the city of Raleigh, 
shall be incorporated under the name and style of The North Caro- 
lina Agricultural Society, and may take and hold real and personal 
estate to the value of fifty thousand dollars, and no mor'e, for the 
purposes hereinafter specified. 

Code., s. 2214; R. C, e. 2, s. 1 ; 1852, c. 1) ss. 1, 3. 

3799. Officers and their election. Such corporation shall annu- 
ally elect a president, four vice-presidents, a treasurer, recording 
secretary, corresponding .secretary, and such other officers as may 
be necessary; all of whom shall hold their offices until their suc- 
cessors are elected and qualified. 

Code, s. 2215; E. C, c. 2, s. 2; 1852, c. 1, s. 2. 

3800. By-laws. The corporation shall have power to make by- 
laws and regulations consistent with this chapter and the laws 
of the state, for its own government and for the due and orderly 
conduct and management of its affairs ; and to rescind, alter or 
modify any of the rules, articles of association, by-laws or ordi- 
nances which existed before such society was incorporated by the 
general assembly, to the end that it may improve its organization 
and be empowered to adapt its operations to the great and useful 
purposes of its institution. 

Code, s. 2216; 1860, c. 1; 1901, c. 2, s. 1. 

3801. Annual fairs to be held. It shall be the duty of the cor- 
poration to provide a place for the holding of annual fairs, in order 
that the citizens may be encouraged by exhibitions, premiums, and 
other means to develop and improve the productions of agriculture, 
and every species of native industry ; and to this end, and for these 
great and valuable purposes, and to no other, shall the corporation 
apply all the funds which by any means it may acquire. 

Code, s. 2217; R. C, c. 2, s. 3. 

R. S. Vol. II— 1 1 



3802 AGKICUL. SOCIETIES—/. X. 0. Agr. Soc. Ch. 86 

3802. Appropriation and application thereof, l. It shall be the 

duty of the state treasurer to pay to the treasurer of the corpora- 
tion, on the first Monday of October, during each and every year, 
out of any moneys not otherwise appropriated, the sum of fif- 
teen hundred dollars, to be disposed of in the payment of premi- 
ums, as hereinafter directed : Provided, the treasurer of the corpo- 
ration shall first produce a certificate from the president thereof, 
showing that during the past twelve months the like sum has been 
raised by the corporation for the same purposes, and actually paid 
out for the premiums, as provided in this section. 

2. Or the corporation shall be paid a sum not to exceed fifteen 
hundred dollars, equal to the sum raised and paid out by it for such 
premiums. 

3. Unless all games of chance shall be excluded from the grounds 
of the corporation the appropriation hereby made shall not be paid 
to it as herein directed. 

4. The money hereby appropriated shall be applied, under the 
direction of the corporation, to the payment of premiums upon 
agricultural productions, implements of husbandry, and domestic ani- 
mals, and to such other purposes as may, in the judgment of the 
corporation, be calculated to advance the interest of agriculture and 
manufactures. 

Code. ss. 2218, 2219; E. C., c. 2, ss. 4, 5; 1854. e. J ; 1887, c. 409, s. 13. 

II. County Societies. 

3803. HOW incorporated. Any number of resident persons, not 
less than ten, may associate together in any county, under written 
articles of association, subscribed by the members thereof, and 
specifying the object of the association to encourage and promote 
agriculture, domestic manufactures, and the mechanic arts, under 
such name and style as they may choose, and thereby become a 
body corporate with all the powers incident to such a body, and may 
take and hold such property, both real and personal, not exceeding 
ten thousand dollars in value, as may be needful to promote the 
objects of their association. 

Code. s. 2220; E. C, c. 2, s. 6; 1852, c. 2, ss. 1, 2. 

3804. How organized; to continue during the will of the legis- 
lature. Such society shall be organized by the appointment of a 
president, two vice-presidents, a secretary and treasurer, and such 
other officers as they may deem proper, who shall thereafter be 
chosen annually, and hold their places until others shall be ap- 
pointed. And the society may from time to time, on such conditions 
as may be prescribed, receive other members of the corporation, 



3804 AGEICUL. SOCIETIES— 7/. County Societies. Ch. 86 

which shall continue as long as there are ten members, during the 
will and pleasure of the general assembly. 

Code, s. 2221; E. C, c. 2, s. 7 ; 1852, c. 2, s. 3. 

3805. Appropriation. When such society shall be fully organ- 
ized, the organization thereof shall be certified by the president and 
signed by the secretary to the board of county commissioners, and 
thereupon the board shall order the same to be filed in the office of 
their'clerk and there kept; and the clerk, under the seal of the board, 
shall certify a copy of the same, together with the order of the board 
to the auditor of the state, who, if by the certificate it shall appear 
to him that such society has been duly organized, according to this 
title, and it shall likewise be made to appear to him by the certifi- 
cate of the treasurer of such society, signed by the president, and 
certified by the clerk of the board under the seal thereof, that the sum 
of fifty dollars has been actually paid to the society by the mem- 
bers thereof, within one year preceding, for the sole benefit of such 
society, shall draw his warrant and the treasurer shall pay to the 
treasurer of the society fifty dollars out of the public treasury for 
the like sole use and benefit ; and such payment shall be annually 
made by the treasurer of the state on the terms and conditions set 
out in this chapter; but only one society for each county shall be 
entitled to the benefits of this chapter. The board of county com- 
missioners, in case of a conflict between two claimants, shall determ- 
ine which shall be the corporate body for the county. 

Code, s. 2222; R. C, e. 2, s. 8; 1852, e. 2, ss. 3, 6. 

3806. Albemarle agricultural and fish association; appropria- 
tion. Any number of resident persons in each of the following coun- 
ties, namely, Currituck, Camden, Pasquotank, Perquimans, Gates, 
Chowan, Washington, Tyrrell and Dare, may associate themselves 
together as provided in this title under the name of The Albemarle 
Agricultural and Fish Association. When such association shall be 
fully organized, and the organization thereof certified by the presi- 
dent and signed by the secretary, the secretary under the seal of 
the association shall certify the same to the treasurer of the state, 
who, if by the certificate it shall appear to him that such asso- 
ciation has been duly organized as herein provided, and if it shall 
be likewise made to appear to him by the certificate of the treas- 
urer of the association, signed by the president, and certified by 
the secretary under the seal of the association, that the aggregate 
sum of the amounts herein required of each of such counties has been 
actually paid to the association by the members thereof, within one 
year preceding, for the sole benefit of the association, shall, upon 
warrant of the auditor, pay to the treasurer of such association an 
equal amount out of the public treasury as above provided for the 

3 



3806 AGRICUL. SOCIETIES—//. County Societies. Ch. 86 

like sole use and benefit, and such payments shall be annually made 
by the treasurer of the state on the terms and in the manner herein 
specified. 

1901, e. 141. 

3807. Funds to be used in paying premiums. All moneys so 

subscribed, as well as that received from the state treasury as herein 
provided, shall, after paying the necessary incidental expenses of 
such society, be annually paid for premiums awarded by such so- 
cieties, in such sums, and in such way and manner as they sever- 
ally, under their by-laws, rules and regulations, shall direct, on 
such live animals, articles of production, and agricultural imple- 
ments and tools, domestic manufactures, mechanical implements, 
tools and productions as are of the growth and manufacture of the 
county, and also such experiments, discoveries, or attainments in 
scientific or practical agriculture as are made within the county 
wherein such societies are respectively organized. 

Code. s. 2223; R. C, c. 2, s. 9 ; 1852, e. 2, s. 7. 

3808. Annual statements to be made to state treasurer. 

Each agricultural society, entitled to receive money from the state 
treasury, shall, through its treasurer, transmit to the treasurer of 
the state, in the month of December or before, a statement showing 
the money received from the state, the amount received from the 
members of the society for the preceding year, the expenditures of 
of all such sums, and the number of the members of such society. 

Code, s. 2224; R. C, c. 2, s. 10; 1852, e. 2, s. 8. 

3809. Publication of statements required. Each agricultural 

society receiving money from the state under this chapter, shall, in 
each year, publish at its own expense a full statement of its experi- 
ments and improvements, and reports of its committees, in at least one 
newspaper in the state; and evidence that the requirements of this 
chapter have been complied with shall be furnished to the state treas- 
urer before he shall pay to such society the sum of fifty dollars for the 
benefit of such society for the next year. 

Code, s. 2225; R. C, c. 2, s. 11; 1852, c. 2, s. 9. 

3810. Records to be kept; may be read in evidence. The secre- 
tary of such society shall keep a fair record of its proceedings in 
a book provided for that purpose, which may be read in evidence 
in suits wherein the corporation may be a party. 

Code, s. 2226; R. C, c. 2, s. 12; 1852, c. 2, s. 5. 



3811 BANKS—/. Creation. Ch. 87 

CHAPTER 87. 
BANKS. 

Sections. 

I. Creation, 3811—3816 

II. Powers and duties, 3817—3823 

III. Stockholders, 3824—3828 

IV. Corporation Commission, 3830 — 3835 
V. Bank examiners. 3836—3841 

I. Creation. 

3811. HOW incorporated. Any number of persons, not less than 
three, who may be desirous of forming a company, and engaging in 
the business of establishing, maintaining and operating banks of 
discount and deposit to be known as commercial banks, or of engag- 
ing in the business of establishing, maintaining and operating offices 
of loan and deposit to be known a*s savings banks, or of establishing, 
maintaining and operating banks having departments for both classes 
of business, shall be incorporated in the manner following, and in 
no other way; that is to say, such persons shall, by a certificate of 
incorporation, under their hands and seals, set forth : 

1. The name of the corporation ; no name shall be assumed already 
in use by another existing corporation organized under the 1m ws of 
this state or of the Congress, or so nearly similar thereto as to lead 
to uncertainty or confusion. 

2. The location of its principal office in the state. 

3. The nature of its business, whether that of commercial bank, 
or savings bank, or both. 

1. The amount of the total authorized capital stock, the number 
of shares into which it is divided, and the par value of each share, 
which shall be either fifty dollars or one hundred dollars ; the amount 
of capital stock with which it will commence business, which shall 
not be less than five thousand dollars in cities and towns of fifteen 
hundred population or less; nor less than ten thousand dollars in 
cities and towns whose population exceeds fifteen hundred but does 
not exceed -five thousand ; nor less than twenty-five thousand dol- 
lars in all other places ; the population to be ascertained by the 
last preceding national census ; and if there be more than one class 
of stock, a description of the different classes, with the terms on 
which the respective classes of stock are created. 

5. The names and postoffice addresses of the subscribers for stock 
and the number of shares subscribed by each; the aggregate of such 



3811 BANKS—/. Creation. Ch. 87 

subscriptions shall be the amount of the capital stock with which the 
company will commence business. 

6. The period, if any, limited for the duration of the company. 

1903, c. 275, ss. 1, 2; 1901, c. 769. 

3812. Certificates of incorporation; how signed, proved and 

filed. The certificate of incorporation shall be signed by the origi- 
nal incorporators, or a majority of them, and shall be proved, or ac- 
knowledged, before an officer duly authorized under the laws of 
this state to take the proof or acknowledgment of deeds. Such certifi- 
cate of incorporation, when so proved, shall be filed in the office 
of the secretary of state, who shall, if the same shall be in accord- 
ance with law, thereupon cause the same to be recorded in his 
office in a book to be kept for that purpose, and known as the Cor- 
poration Book, and he shall, upon the payment of the organiza- 
tion tax and fees, certify under his official seal two copies of the 
said certificate of incorporation and probates, one of which shall 
be forthwith recorded in the office of the clerk of the superior court 
of the county where the principal • office of said corporation in this 
state shall, or is to be, established, in a book to be known as the 
Record of Incorporations, and the other certified copy shall be filed 
in the office of the corporation commission, and thereupon the said 
persons shall become a body politic and corporate under the name 
stated in such certificate. The said certificate of incorporation, or 
a copy thereof dvlj certified by the secretary of state or by the 
clerk of the superior court of the county in which the same is re- 
corded, or by the clerk of the corporation commission, under their 
respective seals, shall be evidence in all courts and places, and shall, 
in all judicial proceedings, be deemed prima facie evidence of the 
complete organization and incorporation of the, company purporting 
thereby to have been established. 

1903, c. 275. s. 3; 1901, c. 2, s. 9; 1903, c. 343. 

3813. Payment Of Capital Stock. At least fifty per cent, of the 
capital stock of every bank shall be paid in in cash before it shall be 
authorized to commence business and the remainder of the capital 
stock of such bank shall be paid in monthly instalments of at least 
ten per cent, in cash of the whole of the capital, payable at the 
end of each succeeding month from the time it shall be authorized 
by the corporation commission to commence business, and the pay- 
ment of each instalment shall be certified to the corporation coramh 
sion, under oath, by the cashier or president of the bank. 

1903, c. 275, s. 10. 

3814. Statement filed before beginning business. Before snch 

company shall begin the business of banking there shall be filed 

6 



3814: BANKS— J. Creation. Ch. 87 

with the corporation commission a statement under oath, by the 
cashier or president, containing the names of all of the' directors and 
officers, with the date of the election or appointment, term of office, 
residence and postoffice address of each, the amount of capital stock 
of which each is the owner in good faith, and the amount of money 
paid in on account of the capital stock. Nothing shall he received 
in payment of capital stock but money. 

1903, e. 275, ss. 5, 10. 

3815. Authorized to begin business, when and how. if from 

such statement, or upon an examination, if such examination appears 
necessary, it appears to the corporation commission that such cor- 
poration is lawfully entitled to commence the business of banking, 
it shall, within thirty days after the filing of the certificate required 
by law, give to such corporation a certificate signed by. the chairman 
of the corporation commission, attested by the secretary of the com- 
mission, that such corporation has complied with all the provisions 
required to be complied with before commencing the business of 
banking and that such corporation is authorized to commence such 
business. 

1903, c. 275, s. 7. 

3816. Authority to begin business withheld, when. The corpo- 
ration commission may withhold from any bank its certificate author- 
izing the commencement of business whenever it has reason to be- 
lieve that the stockholders have formed the same for any other pur- 
pose than the legitimate objects contemplated by this chapter. 

1903, c. 275, s. 6. 

II. Powers and Duties. 

3817. Powers. In addition to the powers conferred by law upon 
private corporations, banking corporations shall have power — 

1. To exercise by its board of directors or duly authorized officers 
or agents subject to law, all such powers as shall be necessary to 
carry on the business of banking, by discounting and negotiating 
promissory notes, drafts, bills of exchange and other evidences of 
debts, by receiving deposits, by buying and selling exchange, coin 
and bullion, by loaning money on personal security or real or per- 
sonal property. Such corporation at the time of making loans or 
discounts, may take and receive in advance such interest as may be 
agreed upon not exceeding the legal rate. 

2. To purchase, hold and convey real estate for the following pur- 
poses : 

1st. Such as shall be necessary for the convenient transaction of 
its business, including with its banking offices other apartments to 

7 



3817 BANKS— II. Powers and Duties. Ch. 87 

rent as a source of income, which investment shall not exceed twenty- 
five per cent. ' of its paid-in capital stock and permanent surplus : 
Provided, that this provision shall not apply to any such investment 
made before the ninth day of March, one thousand nine hundred 
and . three. 

2d. Such as is mortgaged to it in good faith by way of security 
for loans made or money due to such bank. 

3d. Such as is conveyed to it in satisfaction of debts previously 
contracted in the course of its dealings. 

4th. Such as it acquires by sale under execution or judgment of 
any court in its favor. 

1903, c. 275, ss. 8, 9. 

3818. When bank may purchase its stock. No bank shall be 

the holder as . pledgee or as purchaser of any portion of its capi- 
tal stock, unless such purchase shall be necessary to prevent loss upon 
a debt previously contracted in good faith. 

1903, c. 275, s. 1. 

3819. Reorganization. Whenever any bank, under the laws of 
this state or of the United States, is authorized to dissolve and shall 
have taken the necessary steps to effect dissolution, it shall be lawful 
for a majority of the directors of such bank, upon the authority in 
writing of the owners of two-thirds of its capital stock, with the 
approval of the corporation commission, to execute articles of incor- 
poration as provided in this chapter, which articles, in addition to 
the requirements of law, shall further set forth the authority derived 
from the stockholders of such dissolved national bank or state bank, 
and upon filing the same as hereinbefore provided for the organ- 
ization of banks, the same shall become a bank under the laws of this 
state, and thereupon all assets, real and personal, of the dissolved 
national bank, shall by operation of law be vested in and become the 
property of such state bank, subject to all liabilities of such national 
bank not liquidated under the laws of the United States before such 
reorganization. 

1903, c. 275, s. 17. 

3820. Reserve fund. Every bank shall at all times have on hand 
as a reserve in available funds an amount equal to at least fifteen per 
cent, of the aggregate amount of its deposits. Two-fifths of such 
fifteen per cent, shall be cash in the vaults of the bank. Savings 
banks shall have on hand at all times, as a reserve in available funds* 
an amount equal to at least five per cent, of their aggregate deposits. 

1903, c. 275, s. 28. 



3821 BANKS—//. Powers and Duties. Ch. 87 

3821. Available funds; when below reserve; no new loans or 

dividends. The available funds shall consist of cash on hand and 
balances due from other solvent banks. Cash shall include lawful 
money of the United States, and exchange for any clearing-house 
association. Whenever the available funds of any bank shall fall be- 
low the reserve herein required, such bank shall not make any new 
loans or discounts otherwise than by discounting or purchasing bills 
of exchange payable at sight ; nor shall such bank make any divi- 
dends of its profits until it has on hand the available funds required 
by this chapter. 

1903, c. 275, s. 29. 

3822. Loans to one person not to exceed ten per cent, of capi- 
tal. The total liabilities to any bank or banking institution, of any 
person, or of any company, corporation or firm, for money borrowed, 
including in the liabilities of a company or firm the liabilities of 
the several members thereof, shall at no time exceed one-tenth part 
of the amount of the capital stock of such bank or banking insti- 
tution actually paid in. But the discount of bills of exchange drawn 
in good faith against actually existing values and the discount of 
commercial or business paper actually owned by the person nego- 
tiating the same shall not be considered as money borrowed. This 
section shall not apply to banks with a paid-up capital of one hun- 
dred thousand dollars or less. 

1897, e. 298, s. 3; 1897, c. 432. 

3823. Chapter on corporations applicable. All of the provis- 
ions of law relating to private corporations, and particularly those 
enumerated in the chapter entitled Corporations, not inconsistent 
with this chapter, or with the business of banking, shall be appli- 
cable to banks. 



1903, c. 275, s. 4. 



III. Stockholders. 



3824. Individual liability Of. The stockholders of every bank or- 
ganized under the laws of North Carolina, whether under the gen- 
eral law or by special, act, shall be individually responsible, equally 
and ratably, and not one for another, for all contracts, debts and en- 
gagements of such corporation, to the extent of the amount of their 
stock therein at par value thereof, in addition to the amount invested 
in such shares. The term "stockholder," when used in this chapter, 
shall apply not only to such persons as appear by the books of the 
corporation to be stockholders, but also to every owner of stock, legal 
or equitable, although the same may be on such books in the name of 



3824 BANKS— III. Stockholders. Ch. 87 

another person ; but shall not apply to a person who may hold the 
stock as collateral security for the payment of a debt. 
1903, c. 275, s. 13; 1897, c. 298. 

3825. Exemptions' in special charters repealed. Any exemp- 
tion from the individual liability imposed upon stockholders by the 
preceding section contained in the charter of any bank incorporated 
prior to -the first day of January, one thousand nine hundred and 
five, is repealed. 

1897, c. 298, s. 2. 

3826. Executors, trustees, etc., not personally liable. Persons 

holding stock as executors, administrators, guardians, or trustees shall 
not be personally subject to any liabilities as stockholders, but the 
estates and funds in their hands shall be liable in like manner and 
to the same extent as the testator, intestate, ward, or person inter- 
ested in such trust funds would be if living and competent to act 
and hold the stock in his own name. 

U. S. Kev. Stat., s. 5152. 

3827. Transferer not liable, when. No person who has in good 

faith and without any intent to evade his liability as a stockholder, 
transferred his stock on the books of the corporation to any person 
of full age, previous to any default in the payment of any debt or 
liability of the corporation, shall be subject to any personal liability 
on account of the nonpayment of such debt or liability of the cor- 
poration,^ but the transferee of any stock so transferred previous 
to any default shall be liable for any such debt or liability of the 
corporation to the extent of such stock, in the same manner as if 
he had been the owner at the time the corporation contracted such 
debt or liability. 

1903, c. 275, s. 14. 

3828. StOCk SOld if Subscription unpaid. Whenever any stock- 
holder or his assignee fails to pay any instalment on the stock, when 
the same is required by law to be paid, the directors of the bank may 
sell the stock of such delinquent stockholder at public sale, as they 
shall deem best, having first given the delinquent stockholder twenty 
days' notice, personally or by mail, at his latest known address. If 
no party can be found who will pay for such stock the amount due 
thereon to the bank, with any additional indebtedness of such stock- 
holder to the bank, the amount previously paid shall be forfeited to 
the bank and such stock shall be sold as the directors may order within 
six months of the time of such forfeiture, and if not sold, it shall 
be cancelled and deducted from the capital of the bank. 

1903. c. 275, s. 11. 

10 



3830 BANKS — IV. Corporation Commission. Ch. 87 

IV. Corporation Commission. 

3830. May make rules. The corporation commission shall have 
power to make such rules for the government of the banks and bank- 
ing institutions of this state, not inconsistent with law, as may in 
its judgment seem wise and expedient. 

1903, c. 275, s. 20. 

3831. All banking institutions under supervision of. Every 

bank, corporation, partnership, firm or individual, now or hereafter 
Iransacting a banking business under the laws of, and within, this 
state, shall be subject to the provisions of this chapter and regulated 
by and be under the supervision of the corporation commission. 

1903, c. 275, s. 19. 

3832. Quarterly reports to; publication in county. Every bank 

and every corporation, partnership, firm or individual transacting 
a banking business shall make to the corporation commission not 
less than four reports during each year, according to the form which 
may be prescribed by said commission ; which reports shall be veri- 
fied in the case of incorporated banking companies by the oath or 
affirmation of the president, vice-president or cashier, and, in addi- 
tion, two of the board of directors, and in other cases by the oath or 
affirmation of the partners, members of the firm or individual owner. 
The bank, corporation or individual making such report shall pub- 
lish same in some newspaper in the county in which such bank, cor- 
poration or individual is located. 

1903, c. 275, s. 21. 

3833. Special reports. The corporation commission shall have 
power to call for special reports from any bank, corporation, firm or 
individual transacting a banking business, whenever necessary, in 
order to obtain a full and complete knowledge of such bank. 

1903, c. 275, s. 22. 

3834. Annual report Of Stockholders. Every bank shall at all 
times keep a correct record of the names of all its stockholders, and 
once in each year, or whenever called upon, file in the office of the 
corporation commission a correct list of all of its stockholders, with 
the number of shares held by each. 

1903, c. 275, s. 16. 

3835. Penalty for failure tO report, etc. Every bank, corpora- 
tion, partnership, firm or individual that shall refuse, fail or neglect 
to make any report, or any published statement required by the pro- 
visions of this chapter shall be subject to a penalty of two hundred 
dollars. The penalty herein provided for shall be recovered by the 

11 



3835 BANKS — IV. Corporation Commission. Ch. 87 

state in a civil action in any court of competent jurisdiction, and it 
shall be the duty of the attorney general to prosecute all such actions. 
1903, c. 275, s. 26. 



Note. For frauds by bank officers and agents, see Crimes. 
For false and fraudulent bank statements, see Crimes. 

V. Bank Examiners. 

3836. Appointed by corporation commission. The corporation 

commission shall appoint a suitable person or persons to make an 
examination of and into the affairs of every bank, corporation or 
individual doing a banking business, as often as shall be deemed nec- 
essary and proper, and at least once every year. The corporation 
commission may at any time remove any person appointed by it. 
1903. c. 275, s. 23. 

3837. Powers. Such examiners shall have power to make a thor- 
ough examination into all the books, papers and affairs of the bank 
or corporation, firm or individual transacting a banking business ; 
and, in so doing, to administer oaths and affirmations and to examine 
on oath or affirmation any individual banker and the officers, agents, 
partners and clerks of such bank, corporation, firm or individual 
touching the matters he or they shall be authorized and directed 
to inquire into, and examine, and to summon, and by attachment 
compel the attendance of any person or persons in this state to tes- 
tify under oath before him or them in relation to the affairs of such. 
corporation, partnership, firm or individual. 

1903, c. 275, s. 24. 

3838. Reports by, to corporation commission. Bank examiners 

shall make a full and detailed report in writing to the corporation 
commission, of the condition of each corporation, partnership, firm 
or individual doing a banking business, within ten days after each 
and every examination made by them. 

1903, c. 275, s. 24. 

3839. Annual examinations; expenses paid by bank. One ex- 
amination each year shall be designated as the annual examination, 
and for such examination the bank, corporation, or individual so 
examined shall pay into the office of the corporation commission, to 
be paid to the examiners, an examination fee, as follows: Banks, 
banking institutions or individuals doing a banking business, hav- 
ing a capital of twenty-five thousand dollars or less, shall pay a fee 
of fifteen dollars ; those having a capital stock of more than twenty- 
five thousand dollars and not over fifty thousand dollars, twenty- 

12 



3839 BANKS— F. Bank Examiners. Ch. 87 

five dollars ; those having a capital stock of over fifty thousand dol- 
lars, thirty dollars. The expenses incurred and services, other than 
examinations performed specially for any hank, shall be paid by 
such bank or banking institution. ]NTo bank shall be compelled to 
pay for more than one examination in each year, unless it shall 
appear that the condition of such bank, banking institution or banker 
is precarious, or in any way unsatisfactory, then it shall be the duty 
of the commission to order a special examination, which shall be paid 
for by such bank at the same rates as the annual examinations. 
1903, c. 275, s. 25. 

3840. Take possession of bank, when; receiver appointed, how. 

Any bank examiner who has filed such bond as may be required by 
the commission, when ordered by the commission, shall have author- 
ity to take possession of any bank doing business under the laws 
of this state and retain possession thereof for a time sufficient to 
make a thorough examination into its affairs and financial con- 
dition ; and in case it is found by the examiner, upon such exami - 
nation, that such bank is insolvent or is conducting its business 
in an unsafe and unauthorized manner, or is jeopardizing the in- 
terests of its depositors, then such examiner, when authorized by 
the corporation commission, shall have full power and authority 
to take, hold and retain possession of all the money, rights, credits, 
assets and property of every description belonging to such bank, cor- 
poration, partnership, firm or individual, until the corporation com- 
mission can receive and act on the report made by the examiner of 
such bank, and have a receiver appointed, for the purpose of winding 
up and settling the affairs of such bank, banking institution or 
banker, according to law ; and the corporation commission is hereby 
empowered, in its own name, to institute and maintain civil actions 
for the appointment of receivers in such cases, and for such other 
relief as may be necessary or proper to protect the creditors of such 
bank. The commissioners in their judgment may grant such bank, 
corporation or individual sixty days in which to correct any errors 
or irregularities, and make good any deficiencies or losses shown in 
any reports or otherwise. 

1903, c. 275, s. 30. 

3841. May make arrests, When. When it shall appear to any 
bank examiner, by examination or otherwise, that any officer, agent, 
employee, director, stockholder or owner of a bank or banking insti- 
tution has been guilty of a violation of the criminal laws of the state 
relating to banks and banking institutions, it shall be his duty to 
hold and detain such person until a warrant can be procured for 
his arrest; and for such purpose such examiner shall have and pos- 
sess all the powers of a peace officer of such county, and may arrest 

13 



3841 BANKS — V. Bank Examiners. Ch. 87 

without warrant for past offenses. Upon report of his action to the 
corporation commission, it shall direct the release of the person so 
held, or, if in its judgment such person should be prosecuted, the 
commission shall cause the solicitor of the judicial district in which 
such detention is had to be promptly notified, and the action against 
such person shall be continued a reasonable time to enable such solic- 
itor to be present at the trial. Such bank examiner is authorized to 
take good and sufficient bond for the appearance of such person from 
day to day until a trial is had. 



Note. For malfeasance by bank examiners, see Crimes. 



CHAPTEE 88. 
BUILDING AND LOAN ASSOCIATIONS. 

Sections. 
I. Creation. 3842—3845 

II. Stock, 3846—3850 

III. Loans. 3851—3857 

IV. Agents. 3858—3862 . 
V. Corporation Commission, 3863 

I. Creation. 

3842. HOW incorporated. Any number of persons, not less than 
seven, who may be desirous of forming a company and engaging in 
the business usually performed by building and loan associations 
or companies, shall be incorporated in the manner following, and in 
no other way; that is to say, such persons shall, by a certificate of 
incorporation, under their hands and seals, set forth: 

1. The name of the corporation ; no name shall be assumed already 
in use by another existing corporation, organized under the laws 
of this state, or of Congress, or so nearly similar thereto as to lead 
to uncertainty or confusion. 

2. The location of its principal office in the state. 

3. The nature and character of its business and the plan upon 
which its business is to be conducted. 

4. The amount of its total authorized capital stock, the number of 
shares into which it is divided, and the par value of each share, and 
the character of the different classes of stock. 

5. The names and postoffice addresses of the subscribers for stock, 
and the number of shares subscribed by each ; the aggregate of such 

14 



8843 BUILDING AX1) LOAN A.SSWS— I. Creation. Ch. 88 

subscriptions shall be the amount of the capital stock with which 
the company will commence business. 

6. The period, if any, limited for the duration of the company. 

Code, s. 2294; 1869-70, c. 129; 1893, c. 434, s. 2300c. 

3843. Certificates of incorporation; how signed, proved and 

filed. The certificate of incorporation shall be signed by the original 
incorporators, or a majority of them, and shall be proved or acknowl- 
edged before an officer duly authorized under the laws of this state 
to take the proof or acknowledgment of deeds. Such certificate of 
incorporation, when so proved, shall be filed in the office of the sec- 
retary of state, and there remain of record, who shall, if the same 
shall be in accordance with law, thereupon cause the same to be 
recorded in the office in a book to be kept for that purpose, and known 
as the Corporation Book, and he shall, upon the payment of the 
organization tax and fees, certify under his official seal two copies 
of the said certificate of incorporation and probates, one of which 
shall be forthwith recorded in the office of the clerk of the superior 
court of the county where the principal office of such corporation in 
this state shall, or is to be, established, in a book to be known as 
the Record of Incorporations, and the other certified copy shall be 
filed in the office of the corporation commission. 

3844. When to begin business. Upon filing the certificate of 
incorporation with the secretary of state, and the certified copies 
with the corporation comma ssion, and with the clerk of the superior 
court of the county where the principal office of the corporation is 
located, the company shall become a body politic and corporate, and 
shall be authorized to begin business. 

Code, s. 2297. 

3845. Chapter on corporations applicable. All of the provisions 

of law relating to private corporations, and particularly those enu- 
merated in the chapter entitled Corporations, not inconsistent with 
this chapter, or 'with the business of building and loan associations, 
shall be applicable to building and loan associations. 

II. Stock. 

3846. Married women and minors as holders. Married women 

and minors of the age of twelve years and upwards are hereby 
authorized and empowered to become stockholders in and to buy, 
sell, hold, pay dues on, withdraw, transfer and otherwise deal in the 
stock in any association formed under this chapter in the same 
manner and with the same powers, rights and liabilities, force and 

15 



3846 BUILDING AXD LOAN ASSISTS— II. Stock. Ch. 88 

effect as though such minors or feme coverts were of full age or 
unmarried. 
1903, c. 728. 

3847. How new members admitted. Any person applying for 

membership or stock in any such corporation after the end of a 
month from the date of its incorporation, may be required to pay, 
on subscribing, such sums or assessments as may from time to time 
be fixed and assessed in such manner as may be provided by such cor- 
poration, in order to place such new member or stockholder on 
like footing with the original members and others holding stock at 
the time of such application : Provided, that any association that 
has been or may be organized under this chapter shall be author- 
ized and enpowered to establish one or more additional class or 
classes of shares, under such rules, regulations and restrictions for 
issuing, paying and redeeming the same as to them shall appear 
expedient and proper, not inconsistent Avith this chapter, or laws 
of the state. 

Code, s. 2298; 1869-70, c. 129, s. 5; 1874-5, c. 78. 

3848. Limit number Of Shares OWned. Any corporation created 
under this chapter shall have power to declare in their certificate of 
incorporation the number of shares of which the capital stock of such 
corporation shall consist, the par value of the same, to limit the 
number which each stockholder may be allowed to hold, to prescribe 
the entrance fee to be paid by each stockholder at the time of sub- 
scribing, to regulate the instalments to be paid on each share, and 
the times at which the same shall be paid and payable. 

Code, s. 2296; 1869-70, e. 129, s. 3. 

3849. Payment by instalments. Any such corporation shall 

have power to issue to each member of such corporation a certifi- 
cate of the shares of stock held by him, and to enforce the payment 
of all instalments and other dues due to said corporation from 
the members or stockholders by such fines and forfeitures as the 
corporation may, from time to time, provide in the by-laws or cer- 
tificate of incorporation of such corporation. 
Code, s. 2297; 1869-70, c. 129, s. 4. 

3850. May issue different Classes. Every building and loan 
association doing business in this state shall be authorized to issue 
as many classes or series and kinds of stock, including instalment 
and paid-up stock, as may be provided for in its charter or by-laws. 

1895, c. 444, s. 3. 



3851 BUILDING AND LOAN ASS'NS— III. Loans. Ch. 88; 

III. Loans. 

3851. May lend to shareholders, it shall be lawful for any 

such corporation at any time in advance of the time at which such cor- 
poration shall cease to exist, according to the plan contained in the 
certificate of incorporation thereof, to advance to any member thereof 
for such premium as may be agreed upon, the sum which he would 
be entitled to receive upon the dissolution thereof, for any number 
of shares therein held by him, or to purchase from any member the 
share or shares of stock held by him at such price or sum as, accord- 
ing to the certificate of incorporation, such member may agree to re- 
ceive, and on payment of said sum of money, to receive from such 
member security as is hereinafter mentioned for the payment by 
such members to said corporation of the unpaid .instalments, to be 
paid on the shares of stock so sold or redeemed, together with inter- 
est at the rate of six per cent, per annum, on the sum of money so 
paid or advanced to such member at such times, and under and sub- 
ject to such fines and penalties for nonpayment thereof as may be 
prescribed by the articles of association of such corporation. 

Code, s. 2299; 1869-70, c. 129. s. 6; 1881, e. 365; 1895, c. 444. 

3852. Contracts Solvable in the State. Every contract made by 
any foreign association with any citizen of this state shall be 
deemed and considered a Worth Carolina contract and shall be con- 
strued by all the courts of this state, according to the laws thereof. 

1895, c. 444, s. 3. 

3853. Mortgage to Secure. The payment of the amount loaned 
and of the unpaid instalments on the shares so purchased or re- 
deemed, with interest upon the sum of money paid therefor at the 
rate heretofore mentioned, and all fines and penalties incurred in 
respect thereof by any such member, shall be secured to such cor- 
poration by way of mortgage on real or leasehold property, or by 
hypothecation of stock of such corporation held by such member 
as may be provided in the certificate of incorporation of any such cor- 
poration: Provided, in case of hypothecation of stock, no greater 
sum of money shall at any time be drawn out by any member than 
shall have already been paid in by him on all his shares at the time 
of such hypothecation. 

Code, s. 2300; 1869-70, c. 129, s. 70; 1870-1. c. 156; 1895, e. 444, s. 2. 

3854. May repay at any time. Any member of such association 
who shall borrow from it shall have the right at any time to pay 
off and discharge his loan by paying the amount received by him, 
including the costs and expenses of making the loan, if the same 
shall have been deducted therefrom, with interest at the rate of six 

R. S. Vol. II— 2 17 



North Carolina State Library 
Raleigh 



3854 BUILDING AND LOAN ASS'NS— III. Loans. Ch. 88 

per cent, per annum on the whole sum received by him to the date 
of settlement. Upon such settlement he shall be credited with only 
the withdrawal value, as fixed by the charter or by-laws of such asso- 
ciation, of his shares of stock which have not been transferred or 
assigned to the association by way of or in lieu of premium on 
the loan. In case of default by a stockholder who has borrowed from 
the association, and a foreclosure of his mortgage, the amount of 
his indebtedness to such association shall be ascertained in manner 
provided by this chapter. 

1895, e. 444, s. 3. 

3855. How settlements made with borrower. In the settlement 

provided for in the foregoing sections no account shall be taken of 
the premiums paid by the borroAving member, but the same shall 
be deemed the consideration of his being allowed to anticipate the 
ultimate or par value of his stock by his present use and possession 
thereof, in preference to the other stockholders. 
1895, e. 444, s. 3. 

3856. StOCk may be restored. Nothing herein contained shall 
prevent an association from contracting with its borrowing members 
for the restoration or reinstatement of their stock upon such terms 
as may be agreed upon. 

1895, c. 444, s. 3. 

3857. Company may borrow. Every building and loan associa- 
tion may borrow money for the purpose of making loans and ad- 
vances to its members. 

1895, c. 444, s. 3. 

IV. Agents. 

3858. General agents of foreign associations. Every nonresi 

dent building and loan association doing business in this state shall 
appoint a general agent or attorney, who shall be a citizen and resi- 
dent of this state, and file a certificate of such appointment with 
the corporation commission, and copies of such certificates of ap- 
pointment, certified by the said corporation commission, shall be re- 
ceived as sufficient evidence of such appointment before any court in 
this state, and such certificate shall contain a stipulation agreeing 
that so long as there may be any liability on the part of the appli- 
cant under any contract entered into in pursuance of any laAv of this 
state, process may be served in the absence of the principal upon such 
general agent or attorney : Provided, that service may be made upon 
the clerk of the corporation commission and it shall be his duty in 
such case to transmit at once a copy of the process to the home office 
of the association. 

1893, c. 434, s. 2300a; 1899, c. 164. s. 2, subsee. 20. 

18 



3859 BUILDING AND LOAN ASS'NS— IV. Agents. Ch. 88 

3859. Must be licensed. It shall be unlawful for any person to 

solicit business or act as agent for any building and loan association 
or company without having procured from the corporation com- 
mission a certificate that such association or company for which 
he offers to act is duly licensed by the state to do business for the 
current year in which such person solicits business or offers to act 
as agent. The corporation commission shall collect a fee of fifty 
cents for issuing each such certificate, to be paid by the company 
for which the same is issued, which shall be paid into the state 
treasury. 

1895, c. 444. s. 3; 1899, c. 154, s. 2, subsec. 20. 

3860. Reports filed. Every association doing business under 
this chapter shall file in the office of the corporation commission, 
on or before the first day of March in each year, in such form as 
it shall prescribe, a statement of the business standing and financial 
condition of the applicant on the preceding thirty-first day of Decem- 
ber, signed and sworn to by the principal or by the chief managing 
agent, attorney or officer thereof, before some one authorized by law 
to administer oaths. 

1893, e. 434, s. 2300b; 1899, e. 154, s. 2, subsec. 20. 

3861. Examination fees paid by company. The expenses and 

costs of the examination of any building and loan company or asso- 
ciation required or authorized to be made by any law shall be 
defrayed by the company or association subject to investigation, and 
each company or association doing business in this state shall stipu- 
late in writing, to be filed with the corporation commission, that it 
will pay all reasonable costs and expenses of such examination when 
it shall become necessary. 

1895, e. 444, s. 3; 1899, c. 154, s. 2, subsec. 20. 

3862. Penalty failing to Obey law. Every general agent or attor- 
ney of any building and loan company or association, who shall fail 
or refuse to perform any duty required of him by this chapter, shall 
forfeit and pay to the corporation commission fifty dollars for the 
state for every such refusal, to be recovered before any justice of 
the peace at the suit of the corporation commission. 

1893, e. 434, s. 2300g; 1899, c. 154, s. 2, subsec. 20. 

V. Corporation Commission. 

3863. Power of, over building and loan associations. The cor- 
poration commission shall have power and are directed : 

1. To require charter filed. — To require every building and 
loan association doing business in this state to file with the com- 

19 



3863 BUILDING AND LOAN ASS'NS— ¥. Cor. Com, Oh. 88 

mission a copy of the charter, certificate of incorporation or other 
statement, showing the mode in which the applicant proposes to do 
business. 

2. To require reports. — To require every building and loan 
asociation to annually make such statements to the corporation com- 
mission as are required by law ; to receive and thoroughly examine 
such annual statements, and, if made in compliance with the require- 
ments of law, to publish an abstract of the same in one of the news- 
papers of the state, to be selected by the general agent or attorney 
making such statement, and at the expense of his principal. The 
commission shall collect a fee of five dollars for each annual state- 
ment, which shall be paid into the state treasury. 

3. To make examination. — If at any time the corporation com- 
mission shall have good reason to think that the standing and respon- 
bility of any building and loan association or company doing busi- 
ness in this state is of doubtful character, it shall be the duty of 
the corporation commission to examine into and investigate any- 
thing relating to the business of such company, and to that end it 
is hereby authorized to appoint a suitable and competent person to 
make such investigation, who shall file with the corporation com- 
mission a full report of his finding in such case. 

4. To revoke license. — If at any time it shall appear that any 
statements made by any association licensed by law shall be untrue, 
or in case a general agent shall fail or refuse to obey the provisions 
of law, the corporation commission may cancel and revoke the license 
of such association to do business in this state. 

1893, c. 434; 1899, c. 164, s. 2, subsec. 20; 1895, c. 444; 1899, c. 164, s. 2, sub- 
sec. 21. 



CHAPTEE 89. 
BUREAU OF LABOR AND PRINTING. 

(Sections 3864—3867.) 

3864. Creation of; election; term of office. A bureau of labor 

and printing is hereby created and established, the duties of which 
bureau shall be exercised and discharged by a commissioner, who 
shall be designated as Commissioner of Labor and Printing and 
by an assistant, who shall be appointed by the commissioner, and 
who shall be a practical printer. The commissioner shall be elected 
by the people in the same manner as is provided for the election of 
the secretary of state. His term of office shall be four years. The 

20 



3864 BUREAU OF LABOR AKD PRINTING. Ch. 89 

office of the bureau shall be kept in the city of Raleigh and the 
same shall be provided for as are other public offices of the state. 

1899.. c. 373, s. 2, e. 539. 

3865. Duties and powers of commissioner. The commissioner, 

aided by the assistant commissioner, shall collect and collate infor- 
mation and statistics concerning labor and its relation to capital, the 
hours of labor, the earnings of laborers and their educational, moral 
and financial condition, and the best means of promoting their men- 
tal and moral and material welfare ; shall also collect and collate in- 
formation and statistics concerning the various mining, milling and 
manufacturing industries in this state, their location, capacity and 
actual output of manufactured products, the kind and quantity of 
raw material annually used by them and the capital invested therein ; 
shall also collect and collate information and statistics concerning the 
location, estimated and actual horsepower and condition of valuable 
water-powers developed and undeveloped in this state ; also concern- 
ing farm lands and farming, the kinds, character and quantity of 
the annual farm products in this state ; also of timber lands and 
timbers, truck gardening, dairying and such other information and 
statistics concerning the agricultural and industrial welfare of the 
citizens of this state as he may deem to be of interest and benefit to 
the public, and shall also perform the duties of mine inspector as 
prescribed in chapter one hundred and four ; and shall have the pow- 
ers and perform the duties in relation to the public printing that are 
set forth in chapter one hundred and nine. The assistant commis- 
sioner shall perform the duties of the commissioner in his absence 
from office or in case of a vacancy therein. 

1899, c. 373, ss. 3, 4; 1899, c. 622, ss. 1. 2; 1901, c. 280, s. 2; 1901, c. 401, s. 2; 
1897, c. 251. 

3866. Official reports. The commissioner shall annually pub- 
lish a report embodying therein such information and statistics as 
he may deem expedient and proper, which report shall be printed 
and paid for by the state just as the report of other public officers 
are printed and paid for. The number of copies oi such report to be 
printed to be designated by the commissioner. The distribution 
of the reports will be paid for from the general fund and not from 
the appropriation. The commissioner shall send or cause to be sent 
a copy of the report to every newspaper in this state and a copy 
to each member of the general assembly ; a copy of each of the sev- 
eral state and county officers ; a copy to each labor organization in 
the state and a copy to any citizen who may apply for the same 
either in person or by mail, and he may also send a copy to such 
.officers of other states and territories and to such corporations or 
individuals in other states and territories as may apply for the 

21 



3866 BUBEAE OF LABOE AND PKINTING. Ch. 89 

same or as he may think proper. He shall also make a full report 
to the governor as other state officers are required to do, embodying 
therein such recommendations as he may deem calculated to pro- 
mote the efficiency of his department. 
1899, c. 373, s. 6. 

3867. Appropriation. For carrying out the provisions of this 
chapter and for the payment of the salaries of the commissioner and 
assistant commissioner, the sum of three thousand and five hundred 
dollars annually is hereby appropriated to be paid by the state treas- 
urer out of any funds not otherwise specifically appropriated. 

1899, c. 373, s. 7. 



CHAPTEE 90. 
CHARITIES. 

Sections. 
I. Public, 3868—3876 

II. Private, 3877—3879 

I. Public. 

3868. Board of, created; election of members. There shall be 

elected by the general assembly five electors who shall be styled 
The Board of Public Charities of the State of North Carolina. 
The members of such board shall be elected as and when the terms 
of office of the present members of such board respectively expire, 
and the members shall hold their offices for two years. Sxich elec- 
tion shall be by the concurrent vote of the general assembly. Ap- 
pointment to fill vacancies in the board arising from any cause 
whatsoever, except expiration of term, may be made for the residue 
of such term by the governor. 

Code, s. 2331; 1868-9, c. 170, s. 1. 

3869. Meetings; duties; expenses. The board shall hold regu- 
lar meetings on the first Tuesday in January, April, July and Octo- 
ber, and as often besides as they may deem needful. They shall 
make such rules and orders for the regulation of their own proceed- 
ings as they may deem proper. They shall investigate and supervise 
the whole system of the charitable and penal institutions of the 
state, and shall recommend such changes and additional provisions 
as they may deem needful for their economical and efficient admin- 
istration. All office expenses and the printing of necessary blanks 
shall be paid by the state treasurer upon the warrant of the auditor. 

Code, s. 2332; 1891, c. 491; 1870-1, c. 106. 



3S70 C1IAIUTIES— /. Public. Oh. 90 



3870. Reports on crime, vagrancy and pauperism. The gen- 
eral condition of the state as affected by crime, vagrancy and pau- 
perism shall also come under the view of the board, and it shall 
be their duty to report to the general assembly when, in their judg- 
ment, it may become needful for the erection of the several reform- 
atory institutions, whose organization is provided for in article 
eleven of the constitution. 

Code, s. 2333; 1868-9, c. 170, s. 3. 

3871. Reports on mental and physical infirmities. The board 

shall also give special attention to the causes of insanity, defect or 
loss of the several senses, idiocy and the deformity and infirmity of 
the physical organization. They shall, besides their own observa- 
tion, avail themselves of correspondence and exchange of facts of 
the labors of others in these departments, and thus be able to afford 
the general assembly data to guide them in future legislation for 
the amelioration of the condition of the people, as well as to con- 
tribute to enlighten public opinion and direct it to interests so vital 
to the prosperity of the state. 

Code, s. 2334; 1868-9, c. 170, s. 4. 

3872. Reports On jails and almshouses. Personal visits may 
be required by the board of one or more of its members, or other- 
wise, to make careful investigation into the condition of the several 
county jails and almshouses, and the treatment of their unfortunate 
inmates, and report on these points, so that section s-.ix, article eleven 
of the constitution, may be enforced. 

Code, s. 2335; 1868-9, c. 170, s. 5. 

3873. Reports of their proceedings, and on state institutions. 

The board of public charities shall biennially prepare and submit 
to the general assembly a complete and full report of their doings 
during the preceding two years, showing the actual condition of all 
the state institutions under their supervision, with such suggestions 
as they may deem necessary and pertinent, which they shall print. 

Code, s. 2338; 1868-9, c. 170, s. 8; 1870-1, c. 106. 

3874. Insane and unfortunates, duty of board as to. When- 
ever the board shall have reason to believe that any insane person, 
not incurable, is deprived of proper remedial treatment, and is con- 
fined in any almshouse or other place, whether such insane person 
is a public charge or otherwise, it shall be the duty of said board to 
cause such insane person to be conveyed to the proper state hospital 
for the insane, there to receive the best medical attention. So also 
it shall be their care that all the unfortunate shall receive benefit from 
the charities of the state. 

Code, s. 2336; 1868-9, e. 170, s. 6. 

23 



3875 CHAEITIES— I. Public. Ch. 90 

3875. Public institutions to furnish information. The board 

may require the superintendents or other officers of the several char- 
itable and penal institutions of the state to report to them of any 
matter relating to the inmates of such institutions, their manner of 
instruction and treatment, with structure of their buildings, and to 
furnish them any desired statistics upon demand. 

Code, s. 2337; 1808-9, c. 170, s. 7. 

3876. Reports from county commissioners; penalties. The 

board of commissioners of each county shall in each year, on or 
before the first Monday in November, report to the board of public 
charities such information in regard to the number and condition 
of the inmates of their poorhouse and prison, together with the num- 
ber of outside paupers, and the deaf, dumb, blind, idiotic and insane 
of their county not in a hospital, school or almshouse, and such other 
information as may be desirable, to get a complete view of the num- 
ber and condition of these classes of persons in the state. The 
board of public charities shall prepare and furnish to the board of 
commissioners of each county carefully arranged circulars indi- 
cating the information desired, the blank columns of which shall 
be correctly filled in the report. It shall be lawful for the board of 
commissioners of each county in aid of this purpose to require the 
justices of the peace of each township in their county to prepare 
and furnish information to them of all the facts called for in the 
circular of the board of public charities. 

Code, ss. 2339, 2340, 2341 ; 1868-9, c. 154. 



Note. For penalty, see Crimes. 

II. Private. 

3877. Accounts tO be filed by trustees, When real or personal 
property may have been granted by deed, will or otherwise, for 
such charitable purposes as are allowed by law, it shall be the duty 
of those to whom are confided the management of the property and 
the execution of the trust, to deliver in writing a full and particu- 
lar account thereof to the clerk of the superior court of the county 
where the charity is to take effect, on the first Monday in February 
in each year, to be filed among the records of the court, and spread 
upon the record of accounts. 

Code, s. 2342; R. C. e. 18, s. 1; 1832, c. 14, s. 1: 43 Eliz., c. 4. 

3878. Actions for account; performance of trust, if the pre- 
ceding section be not complied with, or there be reason to believe 
that the property has been mismanaged through negligence or fraud, 
it shall be the duty of the clerk of the superior court to give notice 

24 



3878 CHARITIES—//. Prwate. Oh. 90 

thereof to the attorney general or solicitor who represents the state 
in the superior court for that county ; and it shall be his duty to 
bring an action in the name of the state against the grantees, execu- 
tors, or trustees of the charitable fund, calling on them to render a 
full and minute account of their proceedings in relation to the 
administration of the fund and the execution of the trust. The 
attorney general or solicitor may also, at the suggestion of two repu- 
table citizens, commence an action as aforesaid ; and, in either case, 
the court may make such order and decree as shall seem best calcu- 
lated to enforce the performance of the trust. 

Code, ss. 2343, 2344; R. C, c. 18, ss. 2, 3; 1832, c. 14, ss. 2, 3. 

3879. Fees allowed solicitor. The court may allow fees to the 
attorney general or solicitor for his services, to be paid by the trus- 
tees, the estate or the county, as shall be ordered by the. court. 

Code, s. 2345; R. C. c. 18, s. 4; 1832. c. 14. s. 4. 



CHAPTER 91. 
DEPARTMENT OF AGRICULTURE. 

Sections. 

I. Board of agriculture, 3880—3888 

II. Commissioner of agriculture. 3889 — 3S91 

III. Duties of the department, 3892—3894 

IV. Commercial fertilizers, 3895—3907 
V. Cotton-seed meal, 3908 

VI. Concentrated commercial feeding stuffs, 3909 — 39 10 

VII. Pure-food, 3917—3926 

VIII. Crop pests, 3927—3932 

I. BoABD OF AGRICULTURE. 

3880. Constitutional provision. The general assembly shall es- 
tablish a department of agriculture, immigration and statistics, un- 
der 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. 

Const., Art. Ill, s. 17. 

3881. Established; members appointed. The department of 

agriculture, immigration and statistics is created and established and 
shall be under the control of the commissioner of agriculture, with 
the consent and advice of a board to be styled "The Board of Agri- 
culture." The board of agriculture shall consist of the commissioner 

25 



3881 DEPT. OF AGKICULTU'EE— I. Board. Ch. 91 

of agriculture, who shall be ex officio a member and chairman thereof 
and shall preside at all meetings, and of ten other members, one of 
whom shall be chosen from each congressional district. The mem- 
bers of such board shall be appointed by the governor by and with 
the consent of the senate, as and when the terms uf the present in- 
cumbents respectively expire. The term of office of such members 
shall be six years and until their successors are duly appointed and 
qualified. Vacancies in such board shall be tilled by the governor 
for the unexpired term. 

Code, s. 2184; 1901, c. 479, ss. 2, 4. 

3882. Compensation of members of the board. Each member 

of the board of agriculture shall receive four dollars for each day 
he attends a session of the board and for each day necessarily spent 
in traveling from and to his place of residence, and he shall receive 
also five cents a mile for the distance to and from Raleigh, by the 
usual direct route, for each meeting of the board which he attends. 
When attending any committee meeting each member of the com- 
mittee, other than the chairman, shall receive the same per diem 
and mileage as is fixed for attending meetings of the board. 

1901, c. 479, s. 3. 

3883. Contracts for building and repairs forbidden. Neither 

the department of agriculture, the board of agriculture, the execu- 
tive committee of such board, nor any person acting for or on behalf 
of such department, board or committee, shall have authority to 
contract for the erection or repair of buildings or for any additions 
thereto. 

1899, cc. 45, 452. 

3884. Powers Of the board. The board shall be empowered to 
hold in trust and exercise control over donations or bequests made 
to it for promoting the interests or purposes of the department; 
and shall have general supervision and control of the finances of 
the department; and shall regulate the salaries of all officers and 
employees other than those whose salaries are fixed by law. 

1901, c. 479, s. 3. 

3885. Officers may be required to give bond, when. Bonds 

may be required for such amounts as the board may think best for 
all officers of the department who handle funds. 

1901, c. 479, s. 14. • 

3886. Meetings Of the board. The board shall meet for the 
transaction of business in the city of Raleigh twice a year, and 
oftener, if called by the commissioner of agriculture, one of which 
meetings shall be on the first Wednesday in December. 

1901, c. 479, s. 3. 

20 



3SS7 DEPT. OF AGEICULTUEE— I. Board. Oh. 91 

3887. Standing Committees. The board shall elect from its 
body two standing committees, an executive committee of four and 
a finance committee of four. The commissioner shall be ex officio 
a member and chairman of each of these committees, thus making 
each committee consist of five members. The board shall prescribe 
the powers and duties of these committees, and the commissioner 
may call meetings thereof whenever in his opinion such meetings 
are desirable for the good of the department. 

1901, c. 479, s. 3. 

3888. Moneys to be paid into the state treasury. All moneys 

arising from tonnage charges on fertilizers and fertilizing mate- 
rials, inspection taxes on cotton-seed meal and concentrated commer- 
cial feeding stuff, and from the sale of any property seized and con- 
demned under the provision of this chapter, and all other moneys 
which may come into the hands of the commissioner of agriculture 
or other officer, member or employee of the department of agricul- 
ture by virtue of this chapter shall be paid into the state treasury 
by the commissioner of agriculture, and shall be kept on a separate 
account by the treasurer as a fund for the exclusive use and benefit 
of the department of agriculture. 

Code, s. 2208; 1876-7, c. 174, s. 22. 

II. COMMISSIONER OF AGRICULTURE. 

3889. Election Of; Vacancy. The commissioner of agriculture 
shall be elected at the general election for other state officers, shall 
be voted for on the same ballot with such officers, and his term of 
office shall be four years, and until his successor is elected and quali- 
fied. Any vacancy in the office of such commissioner shall be filled 
by the governor, the appointee to hold until the next regular election 
to the office and the qualification of his successor. 

1901, c. 479, s. 4. 

3890. Secretary appointed; other employees. The commissioner 

of agriculture shall appoint a secretary and prescribe his duties and 
shall appoint such employees as may be necessary to the efficient pros- 
ecution of the duties of the department of agriculture. 
1901, c. 479, s. 4. 

3891. Special duties Of. The commissioner of agriculture shall 
investigate all complaints made by purchasers of fertilizers, and ren- 
der such services as he may be able in bringing about an adjustment 
and satisfactory settlement of such complaints. Tt shall be his 

27 






.'3891 DEPT. OF AGRICULTURE— II. Commissioner. Ch. 91 

duty to ascertain as near as may be the actual cost of blood tank- 
age, fish-scrap, nitrate of soda, cotton-seed meal, and other ma- 
terials from which ammonia or nitrogen is obtained ; the cost of 
all phosphate rock together with a description of the treatment 
with acids, the grinding and general manufacture of acid phos- 
phate, and the actual cost thereof as near as may be and to commu- 
nicate with dealers, both in this country and in Germany, as to the 
cost of muriate of potash, kainit and other sources of potash, and 
to publish the same in the Bulletin, but he shall not expose to the 
public the name of any manufacturer in this state who may give 
him information on this subject nor shall he divulge any informa- 
tion concerning the private business of any corporation or company 
manufacturing fertilizers solely in this state : Provided, such cor- 
poration or company is not a part or branch of any trust or combi- 
nation. He shall also make and publish in every fertilizer bulletin 
a price-list of the market value of all the materials of which fertili- 
zers are made and revise the same as often as may be necessary. 
1901, e. 479. s. 4. 

III. Duties of the Department. 

3892. State chemist to be employed; duties of. The depart- 
ment of agriculture shall employ an analyst or state chemist, skilled 
in agricultural chemistry, and such assistants as may be necessary. 
It shall be the duty of the state chemist to analyze such fertilizers 
and products as may be required by this department, and to aid as 
far as practicable in suppressing fraud in the sale of commercial 
fertilizers. He shall also, under the direction of the department, 
analyze for citizens of the state such samples of ores, minerals, min- 
eral and potable waters, soils, marls and phosphates as may be 
deemed by the department of benefit to the development of the 
material interests of the state, when such samples are supplied 
under rules by the department, and he shall carry on such other 
investigations as the department may direct. He shall make regu- 
lar reports to the department of all analyses, assays, and experi- 
ments made, which shall be furnished when deemed needful to such 
newspapers as will publish the same. 

1901, c. 479, s. 11. 

3893. To investigate and report on timber interests. The de- 
partment of agriculture shall investigate and report upon the con- 
ditions of the timber in Worth Carolina, and recommend such leg- 
islation as will promote the growth thereof and preserve the same. 

190], s. 479, s. 13. 



28 



3894 DEPT. OF AGRICULTURE— III. Duties. Ch. 91 

3894. Special joint duties of commissioner and board. The 

commissioner of agriculture, by and with the consent and advice of 
the board of agriculture, shall : 

1. Investigate and promote such subjects relating to the improve- 
ment of agriculture, the beneficial use of commercial fertilizers 
and composts, and for the inducement of immigration and capital 
as he may think proper; but he is especially charged—- 

2. With such supervision of the trade in commercial fertilizers 
as will best protect the interests of the farmers, and shall report to 
solicitors and to the general assembly information as to the existence 
or formation of trusts or combinations in fertilizers or fertilizing 
materials which are or may be offered for sale in this state, whereby 
the interests of the farmers may be injuriously affected, and shall 
publish such information in the bulletin of the department; 

3. With investigations adapted to promote the improvement of 
milk and beef cattle, and especially investigations relating to the 
diseases of cattle and other domestic animals, and shall publish and 
distribute from time to time information relative to any contagious 
diseases of stock, and suggest remedies therefor, and shall have 
power in such cases to quarantine the infected animals and to regu- 
late the transportation of stock in this state, or from one section 
of it to another, and may co-operate with the United States Depart- 
ment of Agriculture in establishing and maintaining cattle districts 
or quarantine lines, to prevent the infection of cattle from splenic 
or Spanish fever. Any person wilfully violating such regulations 
shall be liable in a civil action to any person injured, and for any 
and all damages resulting from such conduct; 

4. With investigations relative to the ravages of insects and with 
the dissemination of such information as may be deemed essential 
for their abatement and making regulations for destruction of such 
insects ; 

5. With investigations and experiments directed to the introduc- 
tion and fostering of new agricultural industries, adapted to the 
various climates and soils of the state, especially the culture of 
truck and market gardens, the grape and other fruits ; 

6. With the investigation of the subject of drainage and irriga- 
tion and publication of information as to the best methods of both, 
and what surfaces, soils and locations may be most benefited by 
such improvements, also with the collection and publication of infor- 
mation in regard to localities, character, accessibility, cost and modes 
of utilization of native mineral and domestic sources of fertilizers, 
including formulae for composting adapted to the different crops, 
soils and materials; 

7.. With the collection of statistics relating to the subject of farm 

29 



3894 DEPT. OF AGE [CULTURE— III. Duties. Ch. 91 

fences, with suggestions for diminishing their cost, and the condi- 
tions under Avhich they may be dispensed with altogether ; 

8. With the supervision of all measures for the propagation and 
culture of fish in the rivers and inland waters of the state, and to 
this end may avail himself of such aid as the fish commission of 
the United States may be induced to extend, and shall offer such 
encouragement as may be within his power to induce such com- 
mission to establish within this state one of its fish hatcheries, and 
secure the liberation within the waters of this state of the spawn 
or fry of such fishes as are best suited to our inland streams; he 
may inquire into the practicability of construction of fishways over 
the dams and other obstructions of the waters of the state and secure 
as far as possible the co-operation of mill owners, and with the 
enforcement of the provisions of law in reference to the free passage' 
of fish through certain waterways in the state ; 

9. With the enforcement and supervision of the laws which are 
or may be enacted in this state for the sale of commercial fertilizers, 
seeds and food products, and with authority to make regulations 
concerning the same ; 

10. With the inducement of capital and immigration by the dis- 
semination of information relative to the advantages of soil and 
climate and to the natural resources and industrial opportunities 
offered in this state, by the keeping of a land registry and by the 
publication of descriptions of agricultural, mineral, forest and 
trucking lands which may be offered the department for sale; which 
publication shall be in tabulated form, setting forth the county, 
township, number of acres, names and addresses of owners, and 
such other information as may be needful in placing inquiring 
home-seekers in communication with land-owners ; and he shall 
publish a list of such inquiries in the bulletin for the benefit of 
those who may have land for sale; 

11. With such investigations as will best promote the improve- 
ment and extension of diversified farming, including the rotation 
of crops, the raising of home supplies, vegetables, fruits, stock 
grasses, etc. 

12. With the holding of farmers' institutes in the several coun- 
ties of the state, as frequently as may be deemed advisable, in 
order to instruct the people in improved methods in farming, in 
the beneficial use of fertilizers and composts, and to ascertain the 
wants and necessities of the various farming communities ; and 
may collect the papers and addresses made at these institutes and 
publish the same in pamphlet form annually for distribution among 
the farmers of the state. He may secure such assistants as may be 
necessary or beneficial in holding such institutes. 



30 



3891 DEPT. OF AGRICULTURE— III. Duties. Ch. 91 

13. The commissioner shall publish a monthly bulletin, which 
shall contain a list of the fertilizers and fertilizing materials regis- 
tered for sale each year, the guaranteed constituents of each brand, 
reports of analyses of fertilizers, the dates of meeting and reports 
of farmers' institutes and similar societies, description of farm 
buildings suited to our climate and needs, reports of interesting 
experiments of farmers, and such other matters as may be deemed 
advisable. 

14. He shall transmit to the general assembly at each session a 
report of the operations of the department with suggestions of such 
legislation as may be deemed needful. 

15. He shall keep a museum or collection to illustrate the agri- 
cultural and other resources and the natural history of the state. 

1901, c. 479, s. 4. 



Note. The violation of the regulations provided for in subsections 3. 4 and 9 a 
misdemeanor, see Crimes. 

IV. Commercial Fertilizers. 

3895. Brands on packages to show analysis, weight, etc.; 

COpy filed With department. Every bag, barrel or other package 
of fertilizers or fertilizing material offered for sale in this state 
shall have plainly printed or stamped thereon, or on a tag attached 
thereto, the following data: (1) ISTet weight of package; (2) Name 
of brand or trademark; (3) Guaranteed analysis, consisting of avail- 
able phosphoric acid, nitrogen, potash ; (4) Name and address of 
manufacturer ; all of which must correspond identically with the 
registration as filed in the office of the commissioner of agriculture. 
A copy of such brand or stamp on the bag or other package, or on 
the label attached thereto, shall be filed with the commissioner of 
agriculture on or before delivery of such fertilizer to dealers, agents 
or consumers in this state ; which brand or stamp shall be uniformly 
used, and shall not be changed during the fiscal year for which tags 
have been issued. Such brand, label or stamp shall truly set forth 
the name, location and trademark of the manufacturer, and that 
the requirements of the law have been complied with ; also the chemi- 
cal composition of the contents of such package and the real percent- 
age of any of the following ingredients asserted to be present, to wit: 
Soluble and reverted phosphoric acid, soluble potassa, and ammonia. 

1901, c. 479, s. 6; 1903, c. 755, ss. 1, 2. 

3896. Sources of principal ingredients to be furnished to com- 
missioner. There shall be delivered to the commissioner a state- 
ment of the materials or source from which the phosphoric acid, 
nitrogen and potash are each derived in each brand of goods reg- 



3896 DEPT. OF AGRICULTURE— IV. Fertilizers. Ch. 91 

istered, which statement and information therein contained shall 
not be disclosed by the department, unless the material set forth 
therein is such as would lower the standard of the fertilizer as reg- 
istered. If the source of the ingredients is changed, notification 
thereof shall be promptly furnished to the department. 
1901, c. 479, s. 6; 1903, e. 755, s. 3. 

3897. Brands and trademarks regulated; standard of quality 
must not be lowered after registration. If the same fertilizer is 

sold under more than one name, a statement shall be furnished as 
to what brands are identical. A brand name entered by one per- 
son shall not be allowed to be registered by another ; and no brand 
or name shall be allowed to be registered which is so nearly similar 
to another as to lead to uncertainty, confusion or fraud. The per- 
son whom the records of the department show to have first regis- 
tered the name shall be permitted to retain it, subject, however, to 
appeal to the board to determine who is entitled to the brand; but 
the action of the board shall be without prejudice to the legal rights 
of the parties to the brand or trademark. No brand or name once 
registered shall be changed to a lower grade at any subsequent reg- 
istration. The commissioner shall publish a list of brands or trade- 
marks registered with the department. 
1901, c. 479, s. 6; 1903, c. 755, s. 3. 

3898. Requisites of lowest grade of fertilizer permitted to be 

Sold. It shall be unlawful to sell or offer for sale fertilizers and 
fertilizing material not coming up to the following minimum re- 
quirement : 

1. Any complete fertilizer containing phosphoric acid (P 2 5 ), am- 
monia (N H 3 ), and potash (K 2 0), when the sum of the available phos- 
phoric acid, ammonia and potash do not amount to eleven per centum 
in the aggregate. 

2. Any fertilizer containing phosphoric acid and potash when 
the sum of the available phosphoric acid and potash does not amount 
to ten per centum. 

3. Any fertilizer containing phosphoric acid and ammonia, when 
the available phosphoric acid and ammonia do not amount to ten 
per centum. 

4. Any fertilizer containing ammonia and potash when the sum 
of ammonia and potash do not amount to ten per centum. 

5. Any acid phosphate which contains less than ten per centum 
of available phosphoric acid. No mixed fertilizer of any kind shall 
be sold which contains less than two per centum of ammonia or 
one per centum of potash or both when they are claimed in the same 
fertilizer. 

1901, c. 479. s. 6. 

32 



3899 DEPT. OF AGRICULTURE—/!'. Fertilizers. Ch. 91 

3899. Sale of fertilizer below guaranteed quality; powers and 

duties Of Commissioner; penalty for fraud. Whenever the commis- 
sioner of agriculture shall be satisfied that any fertilizer is essen- 
tially below the guaranteed value in plant food, it shall be his duty 
to assess such deficiency against the manufacturer of the fertilizer, 
and require that the value of the deficiency be made good to all 
persons who jmrchased such low-grade fertilizer; and the i commis- 
sioner may seize any fertilizer belonging to such manufacturer if 
the deficiency shall not be paid within thirty days after notice to 
such manufacturer. If the commissioner shall be satisfied that the 
deficiency in plant food was due to the intention or fraud of the 
manufacturer, then the commissioner shall assess and collect from 
the manufacturer twice the amount of the deficiency and pay over 
the same to the parties who purchased such fertilizer. If any manu- 
facturer shall resist such collection or payment, the commissioner 
shall immediately publish the analysis and the facts in the bulletin 
and in such newspapers in the state as he may deem necessary. 
1901, c. 479, s. 7. 

3900. Use of certain ingredients forbidden. It shall be unlaw- 
ful to sell or offer for sale in this state any fertilizer or fertilizing 
material which contains hair, hoof meal, horn, leather scraps or 
other deleterious substances not available as food for plants, but 
in which such forbidden materials aid in making up the required 
or guaranteed analysis. Whenever the analysis by the department 
shall show the presence of any of these unlawful materials in goods 
registered for sale, publication shall be made in the next monthly 
bulletin and in such newspapers as the commissioner may deem nec- 
esary, giving the name or brand of the goods and the unlawful sub- 
stance contained in its composition. No manufacturer or seller of 
such goods shall be allowed to collect pay for the same, and when 
payment has been made it shall be returned by the seller to the 
purchaser. A copy of the bulletin containing the statement of the 
presence of unlawful materials . in the named goods shall be evi- 
dence in any court in this state in' bar of payment and for recov- 
ery of money paid for goods so named. The presence of any for- 
bidden material shall vitiate the whole: Provided, that manufac- 
turers who desire to use any such material may do so under such 
regulations as the board may prescribe, if it be shown they are avail- 
able for a proper purpose. 

1901, c. 479, s. 9. 

Note. A violation of this section a misdemeanor, see Crimes. 

3901. Authority to analyze Samples. The department of agri- 
culture shall have power at all times and at all places to have col- 
lected samples of any commercial fertilizer or fertilizing materials 

B. S. Vol. II— 3 33 



3901 DEPT. OF AGE I CULTURE— 7 P. Fertilizers. Ch. 01 

offered for sale in this state, and have the same analyzed; and saa.cn 
samples shall be taken from at least ten per centum of the lot from 
which they may be selected. 

1901, e. 479, s. 9. 

3902. Officials and employees of carrier corporations may be 
required to furnish statements of fertilizer shipments. It shall be 

lawful for the department of agriculture to require the officers, 
agents or managers of any railroad, steamboat or other transporta- 
tion company, transporting fertilizers or fertilizing material in the 
state, to furnish monthly statements of the quantity of such fertil- 
izers, with the names of the consignor and consignee and the name 
of brand delivered on their respective lines at any and all points 
within this state. And the department is hereby empowered to com- 
pel such officers, agents, or managers to submit their books for exam- 
ination if found expedient so to do. 

1901, c. 479, s. 10. 

Note. Refusal to furnish statements, etc., a misdemeanor, see Crimes. 

3903. Seizure, condemnation and sale of fertilizers unlawfully 

SOld. All fertilizers and fertilizing material sold or offered for 
sale contrary to the provisions of this chapter shall be subject to 
seizure, condemnation and sale by the commissioner. The commis- 
sioner, however, may, in his discretion, release the fertilizers so 
seized and condemned, upon the payment of the required tax or 
charge and all cost and expense incurred by the department in any 
proceedings connected with such seizure and condemnation and upon 
compliance with all other requirements of this title. The net pro- 
ceeds of such sales shall be placed in the general fund of the depart- 
ment. 

1901, c. 479. s. 5. 

3904. Sale, how advertised and conducted. Such seizure and 

sale, shall be made under the direction of the commissioner by an 
officer or agent of the department. The sale shall be made at the 
courthouse door in the county in which the seizure is made, after 
thirty days' advertisement in some newspaper published in such 
county, or, if no newspa-per is published in such county, then by 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. 
1901, c. 479, s. 5. 

3905. Tonnage tax; exemption of certain material; tags; no 

Other tax allowed. For the purpose of defraying expenses connected 
with the inspection of fertilizers and fertilizing materials in this 

34 



3905 DEPT. OF AGRICULTURE— IV. Fertilizers. Ch. 91 

state, there shall be paid to the commissioner of agriculture a charge 
of twenty cents per ton on such fertilizers and fertilizing material, 
except that which is sold to a manufacturer for the sole purpose of 
use in the manufacture of fertilizers, for each fiscal year ending No- 
vember thirtieth, which shall be paid before delivery to agents, deal- 
ers or consumers in this state ; but the commissioner, with the advice 
and consent of the board, shall have discretion to exempt such natu- 
ral material as may be deemed expedient. Each bag, barrel or 
other package of such fertilizers or fertilizing material shall have 
attached thereto a tag, stating that all charges specified in this sec- 
tion have been paid and the commissioner, with the advice and con- 
sent of the board, is hereby empowered to prescribe a form for such 
tags, and to adopt such regulations as will insure the enforcement 
of this law. Whenever any manufacturer of fertilizers or fertiliz- 
ing materials shall have paid the charges required by this section, 
his goods shall not be liable to any further tax, whether by city, 
town or county. 

1901, c. 479, ss. 5, 12. 

Note. Selling or offering for sale fertilizers, etc., contrary to this section is a 
misdemeanor, see Crimes. 

3906. Unlawful to sell or remove untagged and unbranded fer- 
tilizer; re-using tags to escape tax; sale of condemned goods 

regulated; penalty. Every merchant, trader, manufacturer or agent 
who shall sell or offer for sale any commercial fertilizer or fertiliz- 
ing materials without having attached thereto such labels, stamps 
and tags as are required by law, or who shall use the required tag 
a second time to avoid the payment of the tonnage charge, and 
every person who shall remove any such fertilizer, shall be liable 
to a penalty of ten dollars for each separate bag, barrel or package 
sold, offered for sale or removed, to be recovered by any person who 
may sue for same. If any such fertilizer shall be condemned, as 
provided by law, it shall be the duty of the department to have an 
analysis made of the same and cause printed tags or labels express- 
ing the true chemical ingredients thereof put upon each bag, bar- 
rel or package, and shall fix the commercial value at which it may 
be sold, and it shall be unlawful for any person to sell, offer for sale 
or remove any such fertilizer, or for any agent of any railroad or 
other transportation company to deliver any such fertilizer in vio- 
lation of this section. 

1901, c. 479, s. 8. 

Note. A violation of this section a misdemeanor, see Crimes. 

3907. Specimens of fertilizer may be accepted and distributed 
for experiment; report to be made. The department of agricul- 
ture may receive from any manufacturer or dealer in fertilizers any 

35 



3907 DEPT. OF AGRICULTURE— IT. Fertilizers. Oh. 91 

specimen quantities, not less than a fourth of a ton, contributed by 
him, and have the same sent to different sections of the state for 
actual experiment by practical farmers ; and the person so experi- 
menting shall be required to make a careful report of the results, 
which shall be registered in the office of the department, and a 
certified copy of the same transmitted to the contributor. 
Code, s. 2207; 1876-7, c. 174, s. 21. 

V. Cotton-Seed Meal. 

3908. Inspection of; tax; how branded. All cotton-seed meal 

sold or manufactured in this state shall be inspected as required for 
other fertilizers or fertilizing materials, unless sold to manufacturers 
for use in manufacturing fertilizers. There shall be paid on each 
ton sold, unless to manufacturers for use in manufacturing fertiliz- 
ers, a tax of twenty cents a ton to provide for the cost of inspection. 
All cotton-seed meal offered for sale, unless sold to manufacturers 
for use in manufacturing fertilizers, shall have plainly branded on 
the bag containing it, or on the tag attached thereto, the following- 
data: (1) The words "Cotton-seed Meal;" (2) weight of package; 
(3) ammonia or nitrogen; (4) name and address of manufacturer. 
No such meal shall be offered for sale, except to manufacturers of 
fertilizers for use in manufacturing fertilizers, which contains less 
than seven and one-half per cent, of ammonia. The state board of 
agriculture shall make all such rules and regulations as are neces- 
sary to a proper carrying into effect the provisions of this section, 
and to provide for all such tags as manufacturers may demand, 
upon paying the tax therefor. 
1903, e. 339, ss. 1-4: 

VI. Concentrated Commercial Feeding Stuffs. 

3909. Defined. The term "concentrated commercial feeding 
stuff" as herein used shall include linseed meals, cocoanut meals, 
gluten feeds, maize feeds, starch feeds, sugar feeds, dried brewers' 
grains, malt sprouts, dried distillers' grains, dried beet refuse, hom- 
iny feeds, cerealine feeds, rice meals, peanut meals, oat feeds, corn 
bran, ground beef or fish-scraps, mixed feeds, clover meal, and all 
materials of a similar nature. It shall not include hays and straws, 
the whole seeds, nor the unmixed meals made directly from the 
entire seed of wheat, rye, barley, oats, indian corn, buckwheat, 
broom corn, sorghum, cow-peas or soja beans. Neither shall it 
include pure grains ground together, nor wheat bran or wheat mid- 
dlings, not mixed with other substances, but sold separately as dis- 
tinct articles of commerce, nor the by-product (not corn bran alone, 

36 



3909 DEPT. OF AGRICULTURE— VI. Feeding Stuffs. Ch. 91 

but the bran portions of the germ and grain mixed) from the grind- 
ing of corn for meal, grits or hominy, when said by-products shall 
come up to the standard adopted by the board of agriculture; but 
should the whole grains, the unmixed meals, grains ground together, 
wheat bran, wheat middlings, or corn by-product be adulterated, 
they shall be subject to the provisions of this chapter. 

1903, c. 325, ss. 2, 3. 

3910. Sample Of, hOW inspected. Every manufacturer, impor- 
ter or person selling or offering for sale or exposing for sale in this 
state any concentrated commercial feeding stuff, as defined in the 
preceding section, shall, for each and every feeding stuff bearing a 
distinguishing name or trademark, file with the commissioner of 
agriculture a statement showing the name, brand, or trademark 
under which the article is sold, the name and address of the manu- 
facturer, importer or jobber, and a statement of the maximum per- 
centage it contains of crude fiber, and the minimum percentage of 
crude fat and of crude protein, allowing one per cent, of nitrogen 
to equal six and one-fourth per cent, of protein, all three constitu- 
ents to be determined by the methods in use at the time by the asso- 
ciation of official agricultural chemists of the United States. And 
accompany said statement, when so requested by the commissioner 
of agriculture, with a sealed glass jar or bottle containing at least 
one pound of the feeding stuff to be sold, exposed or offered for sale, 
which sample shall correspond, within reasonable limits, to the feed- 
ing stuff which it represents, in the percentages of protein, fat and 
fiber which it contains. The commissioner of agriculture shall have 
collected a sample not exceeding two pounds in weight for analysis, 
from any lot, parcel, or package of concentrated commercial feeding 
stuff as defined by the preceding section, or unmixed meals, ground 
grains, wheat bran, wheat middlings or corn by-products, named in 
the preceding section, which may be in the possession of any manu- 
facturer, importer, agent or dealer, but said sample shall be taken 
from not less than ten per cent, of the whole lot inspected. One 
or more samples of each feeding stuff, collected as herein provided, 
shall be analyzed annually by the state chemist and his assistants, 
and the results published in the bulletin, together with such addi- 
tional information in relation to the character, composition and 
use thereof as may seem to be of importance. 

1903. c. 325, ss. 1, 4, 7. 

3911. HOW branded. Every lot or parcel of concentrated com- 
mercial feeding stuff, as defined in preceding sections, used for 
feeding domestic animals or poultry, offered or exposed for sale 
within this state, shall have affixed thereto, or printed on the bag 

37 



3911 DEPT. OF AGRICULTURE— TV. Feeding Stuffs. Oh. 91 

or other package, in a conspicuous place on the outside thereof, a 
legible and plainly printed statement, clearly and truly certifying 
the number of net pounds of feeding stuff contained therein, the 
name, brand, or trademark under which the article is sold, the name 
and address of the manufacturer, importer or jobber, and a state- 
ment of the maximum percentage it contains of crude fiber, and 
the minimum percentage of crude fat and of crude protein, allow- 
ing one per cent, of nitrogen to equal six and one-fourth per cent, 
of protein, all three constituents to be determined by the methods 
in use at the time by the association of official agricultural chemists 
of the United States. 

1903, c. 325, s. 1. 

3912. Tax On. Every manufacturer, importer, jobber, agent or 
seller of any concentrated commercial feeding stuff, as defined in 
the preceding sections, shall pay to the commissioner of agriculture 
an inspection tax of twenty cents per ton for each ton of such con- 
centrated feeding stuff sold, offered or exposed for sale in the state, 
and shall affix to each car shipped in bulk, and to each bag, barrel 
or other package of siich concentrated feeding stuff, a tag, to be 
furnished by the said commissioner of agriculture, stating that all 
charges specified in this section have been paid. The commissioner 
of agriculture is hereby empowered to prescribe the form for such 
tags, and the board of agriculture is empowered to adopt standards 
for concentrated feeding stuffs and such regulations as may be nec- 
essary for the enforcement of this law. Whenever a manufacturer, 
importer, or jobber of a concentrated feeding stuff shall have filed 
the statement required by this chapter, and paid the inspection tax, 
no agent or seller of said manufacturer, importer, or jobber shall 
be required to file such statement or pay such tax. 

1903, c. 325, s. 5. 

3913. Sample of, and copy of statement to be filed. Each and 

every manufacturer, importer, jobber, agent or seller, before sell- 
ing, offering or exposing for sale in this state any concentrated com- 
mercial feeding stuff, as defined in this subchapter, shall, for each and 
every feeding stuff bearing a distinguishing name or trademark, file 
with the commissioner of agriculture a copy of the statement required 
by the next preceding section, and accompany such statement, when 
so requested by the commissioner of agriculture, with a sealed glass 
jar or bottle containing at least one pound of the 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 protein, fat and fiber which it contains. 

1903, c. 325, s. 4. 

38 



3014 DEPT. OF AG-KICTJLTUKE— VI. Feeding Stuffs. Ch, 91 

3914. Samples to be drawn; analysis and publication of the 

result. The commissioner of agriculture is authorized to have col- 
lected a sample, not exceeding two pounds in weight, for analysis, 
from any lot, parcel, or package of concentrated commercial feeding- 
stuff as defined by this subchapter, or unmixed meals, ground grains, 
wheat bran, wheat middlings or corn by-product described in this sub- 
chapter, which may be in the possession of any manufacturer, im- 
porter, agent or dealer ; but such sample shall be taken from not less 
than ten per centum of the whole lot inspected. One or more samples 
of each feeding stuff collected as herein provided shall be analyzed 
annually by the state chemist and his assistants, and the results pub- 
lished in the bulletin, together with such additional information 
in relation to the character, composition and use thereof as may 
seem to be of importance. 

1903, c. 325, s. 7. 

Note. To impede, etc., the collection of samples a misdemeanor, see Crimes. 

3915. Seizure, condemnation and sale of contraband goods. 

Whenever any manufacturer, importer, jobber, agent or seller shall 
sell, offer or expose for sale or for distribution in this state any con- 
centrated commercial feeding stuff as defined in this subchapter with- 
out complying with the requirements of this subchapter, or shall sell, 
or offer or expose for sale or distribution any concentrated commercial 
feeding stuff which contains substantially a smaller percentage of con- 
stituents than are certified to be contained, or shall adulterate any 
feeding stuff with foreign, mineral or other substances injtirious to 
the health of domestic animals, the lot of feeding stuff in question 
shall be subject to seizure, condemnation and sale by the commis- 
sioner of agriculture, as prescribed for the seizure, condemnation 
and sale of commercial fertilizers in this state. The proceeds of 
such sales shall be covered into the state treasury for the use of the 
department of agriculture in executing the provisions of this sub- 
chapter. 

1903, c. 325, s. 6. 

Note. The violation of this section is a misdemeanor, see Crimes. 

3916. Duties of commissioner in enforcing this subchapter. The 

commissioner of agriculture, upon ascertaining any violation of this 
subchapter for the first time, shall forthwith notify the manufacturer, 
importer or seller in writing, giving him not less than thirty days 
therefrom in which to comply with the requirements of this subchap- 
ter. In case of a subsequent violation by the same person, or in case, 
after a lapse of thirty days, the requirements of this subchapter re- 
main still uncomplied with, it shall be the duty of the commissioner 
of agriculture to enforce the provisions of this subchapter ; but there 
shall be no prosecution in relation to the quality of any concentrated 

39 



3916 DEPT. OF AGRICULTURE— VI. Feeding Stuffs. Ck 91 

commercial feeding stuff, if the same shall he found to be substan- 
tially equivalent to the statement of analysis made by the manufac- 
turer, importer or dealer. 
1903, e. 325, s. 9. 

VII. Puke Food. 

3917. Manufacture and sale of impure food forbidden. No 

person, by himself or agent, shall knowingly manufacture, sell, ex- 
pose for sale or have in his possession with intent to sell, any arti- 
cle of food which is adulterated or misbranded within the meaning 
of this subchapter. 

1899, c. 86, s. 2. 

Note. Violation of this section a misdemeanor, see Crimes. 

3918. "Food" and "misbranded" defined. The term "food," as 

used in this subchapter, shall include all articles used for food, candy, 
condiments or drink, by man or domestic animals, whether simple, 
mixed or compound. The term "misbranded," as used therein, shall 
include all articles of food or articles which enter into the composi- 
tion of food, the package or label of which shall bear any statement 
purporting to name any ingredients or substances as being contained 
or not being contained in such article, which statement shall be 
false in any particular. 
1899, c. 86, s. 5. 

3919. What constitutes adulteration. For the purposes of this 

subchapter an article of food shall be deemed adulterated — 

1. If any substance has been mixed or packed with it, so as to 
reduce or lower or injuriously affect its quality or strength so that 
such product, when offered for sale, shall deceive or tend to deceive 
the purchaser. 

2. If any inferior substance has been substituted wholly or in 
part for the article so that the product when sold shall deceive or 
tend to deceive the purchaser. 

3. If any valuable constituent of the article has been wholly or 
in part abstracted so that the product when sold shall deceive or 
tend to deceive the purchaser. 

4. If it be an imitation of, and sold under the specific name of, 
another article. 

5. If it be mixed, colored, powdered, coated, polished or stained 
in a manner whereby damage or inferiority is concealed, so that 
such product when sold shall deceive or tend to deceive the' pur- 
chaser. 

6. If it contain any added poisonous ingredient, or any ingre- 
dient which may render such article injurious to the health of the 
person consuming it. 

40 



3919 DEPT. OF AGRICULTURE— VII. Pure Food. Oh. 91 

7. If it be labeled or branded so as to deceive or mislead the 
purchaser, or purport to be a foreign product when branded so, 
or in an imitation either in package or label of an established pro- 
prietary product, which has been trademarked or patented. 

8. If it consists of the whole or any part of i diseased, filthy, 
decomposed or putrid animal or vegetable substance, or any por- 
tion of an animal unfit for food, whether manufactured or not, or 
if it is the product of a diseased animal or of any animal that has 
died otherwise than by slaughter. 

9. Candies and chocolate shall be deemed to be adulterated if 
they contain terra alba, barytes, talc, chrome yellow or other min- 
eral substances, or poisonous colors or flavors, or other ingredients 
deleterious or detrimental to health. 

1899. c. 86, s. 6, c. 369. 

Note. For sale of adulterated articles a misdemeanor, see Crimes. 

3920. What does not constitute adulteration. An article of 

food, beverage, or condiment which does not contain any added poi- 
sonous ingredient shall not be deemed to be adulterated in the fol- 
lowing cases : 

1. In the case of articles, mixtures or compounds which may be 
now, or from time to time hereafter, known as articles of food, bev- 
erages or condiments under their own distinctive names, and not 
included in definition four of the next preceding section. 

2. In the case of articles labeled, branded or tagged so as to 
plainly indicate that they are mixtures, compounds, combinations, 
imitations or blends. 

3. When any matter or ingredient has been added to the food, 
beverage or condiment because the same is required for the produc- 
tion or preparation thereof as an article of commerce, in a state 
fit for carriage or consumption, and not fraudulently to increase 
the bulk, weight or measure of the food, beverage or condiment, or 
conceal the inferior quality thereof: Provided, the same shall be 
labeled, branded or tagged as prescribed by the board of agriculture 
so as to show them to be compounds and the exact character thereof. 

4. Where the food, beverage or condiment is unavoidably mixed 
with some harmless extraneous matter, in the process of collection 
or preparation. 

1899, e. 86, s. 6; 1899, e. 369. 

3921. Compound, blended and mixed products to be branded. 

The board of agriculture is authorized to cause all compound, mixed 
or blended products to be properly branded and prescribe how this 
shall be done. And the board shall from time to time fix and pub- 
lish the limits of variability permissible in any article of food, bev- 
erage or condiment, and these standards when so published shall 

41 



3921 DEPT. OF AGRICULTURE— 777. Pure Food. Oh. 9-1 

remain the standards before all courts ; but when standards have 
been or may be fixed by the secretary of agriculture of the United 
States they shall be accepted by the board of agriculture and pub- 
lished as the standards for North Carolina. 

1899, c. 86, ss. 7. 8. 

3922. Samples to be analyzed and tested; result published. 

For the purpose of protecting the people of the state from imposi- 
tion by the adulteration and misbranding of articles of food, the 
board of agriculture shall cause to be procured from time to time, 
and under rules and regulations to be by it prescribed in accordance 
with the provisions of this subchapter, samples of food, beverages and 
condiments offered for sale in the state, and shall cause the same to be 
analyzed or examined microscopically or otherwise by the chemists 
or other experts of the department of agriculture. The board is 
authorized to make such publications of the results of the examina- 
tions and analyses as it may deem proper. 

1899, c. 86, s. 1. 

3923. Samples for analysis, how procured. Every person who 

exposes for sale, or delivers to a purchaser any condiment, bever- 
age or article of food shall furnish a sample thereof, in sufficient 
quantity for analysis, to any person duly authorized by the board 
of agriculture to secure the same, whenever such representative of 
the board shall demand such sample within business hours and 
shall tender and pay the selling price thereof. 

1899, c. 86, s. 9. 

Note. Refusal to comply with this section, or attempts to impede its enforce- 
ment, a misdemeanor, see Crimes. 

3924. Analysis showing adulteration; solicitor's duty. The 

chemists or other experts of the department of agriculture shall 
make, under rules and regulations prescribed by the board of agri- 
culture, examinations of specimens of food, beverages and condi- 
ments offered for sale in North Carolina which may be collected 
from time to time in various parts of the state under the direction 
of the board. If it shall appear from such examination that any 
of the provisions of this chapter have been violated, the commissioner 
of agriculture shall at once certify the facts to the proper solicitor, 
and furnish that officer a copy of the result of the analysis duly 
authenticated by the analyst under oath ; whereupon such solicitor 
shall cause proceedings to be commenced and prosecuted without 
delay for the fines and penalties in such cases provided. 

1899, c. 86. ss. 3, 4. 

3925. Exemptions from the operation of this subchapter. 

Nothing in this subchapter shall apply to proprietary or patent medi- 

42 



3925 DEPT. OF AGRICULTURE— VII. Pure Food. Ch. 91 

cines ; nor shall this subchapter be construed to require or compel 
proprietors or manufacturers of proprietary foods to disclose their 
trade formulas except in so far as may be necessary in order 
to secure freedom from adulteration or imitation. It shall be the 
duty of the board of agriculture to prepare and publish from time 
to time lists of the articles, mixtures or compounds declared to be 
exempt from the provisions of this subchapter under this section. 
No person shall be convicted under the provisions of this subchapter 
when he is able to prove a written guaranty of purity, in a form ap- 
proved by the board of agriculture, as published in its rules and 
regulations, signed by the wholesale jobber, manufacturer or other 
person from whom he purchased such article. 

1899, c. 80, ss. 0, 8. 

3926. Commerce not interfered with. This subchapter shall not 

be construed so as to interfere with interstate commerce. 
1899, e. 86, s. 11. 

VIII. Crop Pests. 

3927. Commission to exterminate created; expenses. The 

commissioner of agriculture, the director of the agricultural experi- 
ment station, and the president of the North Carolina state horti- 
cultural society are hereby constituted a commission for the exter- 
mination of noxious insects, fungus diseases and weeds which are 
affecting or may affect crops. They are empowered to select one of 
their members chairman and to adopt rules and regulations for their 
own government, such as may be requisite for carrying out the pro- 
visions of this subchapter. They shall be allowed no salaries, and 
shall be allowed only their necessary expenses in attending the meet- 
ings of the commission. 
1897, e. 264, s. I. 

3928. Powers and duties of the commission. The commission 

shall, from time to time, as it may deem necessary, prepare and 
publish a list of dangerous crop pests, known to be within the state, 
or liable to be introduced, and shall also publish methods for exter- 
minating such pests as it may deem capable of being economically ex- 
terminated, for repressing such as cannot be economically exter- 
minated, and for preventing their spread within the state. It may 
also adopt regulations not inconsistent with the laws or constitu- 
tion of this state and of the United States, for preventing the 
introduction of dangerous crop pests from without the state, and 
for governing common carriers in transporting plants liable to har- 
bor such pests to and from the state ; which regulations shall have 
the force of law. 
1897, c. 264, s. 2. 

43 



3929 DEPT. OF AGRICULTURE— VIII. Crop Pests. Ch. 91 

3929. Summary remedies for eradication; unlawful to harbor. 

No person shall knowingly and wilfully keep upon his premises any 
plant infested by any dangerous crop pest, listed and published as 
such by the commission, or permit dangerous weed pests to mature 
seed or otherwise multiply upon his land, except under such regu- 
lations as the commission may prescribe. All such infested plants 
and premises are hereby declared public nuisances. The owner of 
such plants or premises shall, when notified to do so by the commis- 
sion, take such measures as may be prescribed to eradicate such 
pests. If such action is not taken, or is improperly executed within 
ten days after such notification, the commission shall cause such 
premises to be freed from such pests by the best available method. 
The cost of such work shall be a lien upon the premises, and may 
be recovered, together with cost of action, before any court hav- 
ing jurisdiction. The notice shall be written and mailed to the 
usual or known address, or left at the ordinary place of business 
of the owner or his agent. No damages shall be awarded the owner 
of such premises for entering thereon and destroying or otherwise 
treating any infested plant or crop, when done by the order of the 
commission. 
1897, c. 264, s. 3. 

3930. Right to enter and inspect premises. Whenever the 

commission has reason to suspect that any pest, listed as dangerous, 
exists in any portion of the state, it shall cause an investigation 
to be made by some person capable of determining the specific iden- 
tity of such pest, and, if it be found to exist, the commission shall 
further appoint a competent person as its agent to inspect such 
infested premises, and to take such measures for treating the same 
as they may direct. Any duly authorized agent of the commission 
shall have authority to enter upon and inspect any premises between 
the hours of sunrise and sunset during every working day of the 
year. 

1897, c. 264, s. 4. 

Note. To prevent inspection or to interfere with agents a misdemeanor, see 
Crimes. 

3931. Reports to the governor. The commission shall report to 
the governor, for transmission to the general assembly, its acts and 
disbursements under this subchapter. Such report, together with all 
such circulars as may be issued by the commission for the purposes of 
this subchapter shall be printed in editions of one thousand copies by 
the pttblic printer, and shall be paid for as other public printing. 

1897, c. 264, s. 6. 

3932. Appropriation and method of disbursement. For the pur- 
pose of carrying out the provisions of this subchapter, the sum of five 

44 



3932 DEPT. OF AGRICULTURE— VIII. Crop Pests. Ch. 91 

hundred dollars is annually appropriated out of any funds in the 
treasury not otherwise appropriated, which sum,, or so much thereof 
as may he necessary, shall he paid by the treasurer upon vouchers 
signed by the chairman of the commission. 
1897, e. 264, s. 5. 



CHAPTER 92. 



EDUCATION. 



Sections. 






I. 


Application of chapter, 






3933 


II. 


State board. 




3934- 


-3939 


III. 


Swamp lands, 




3940- 


-3956 


IV. 


School-house loans, 




3957- 


-3960 


V. 


Text-book commission, 




3961- 


-3988 


VI. 


Public schools. 




3989- 


-3992 


VII. 


State superintendent, 




3993- 


-3996 


VIII. 


Funds from the state, 




3997- 


-4010 


IX. 


Funds from the county, 




4011—4021 


X. 


County board of education, 




4022- 


-4037 


XI. 


County superintendent, 




4038- 


-4047 


XII. 


School committee, 




4048- 


-4054 


XIII. 


Treasurer of school fund, 




4055- 


-4063 


XIV. 


Teachers, 




4064- 


-4070 


XV. 


Croatan indians, 




4071—4074 


XVI. 


School libraries, 




4075- 


-4082 


XVII. 


Normal schools, 




4083- 


-4090 


XVIII. 


Blind ; colored deaf and dumb, 


4091- 


-4105 


XIX. 


Deaf and dumb, 




4106- 


-4110 


XX. 


Agricultural and Mechanical 


College- 


-white, 










4111—4124 


XXI. 


Agricultural and Mechanical 


College — 


colored, 

4125- 


-4132 


XXII. 


Appalachian Training School 




4133- 


-4139 


XXIII. 


Croatan Normal School, 




4140- 


-4146 


XXIV. 


Cullowhee High School. 




4147- 


-4154 


XXV. 


The State Normal and Indus 


trial Coll 


ege, 4155- 


-4162 


XXVI. 


The University of North Carolina, 


4163- 


-4190 


XXVII. 


Dead bodies for medical schools, 


4191- 


-4195 



I. Application of Chapteic. 



3933. This chapter not applicable to certain schools; such 

Schools regulated. The provisions of this chapter shall not apply 
to any township, city or town now levying a special tax for schools 
and operating under special laws or charters, or to schools operating 
under section forty-seven, chapter one hundred and ninety-nine, laws 
of one thousand eight hundred and eighty-nine. School districts 
in any city or town now operating under section forty-seven, chapter 

45 



39:33 EDUCATION— /. Application of Chapter. Ch. !)2 

one hundred and ninety-nine, laws of one thousand eight hundred 
and eighty-nine, are hereby continued, and all vacancies in the school 
committees therein shall be filled by the county board of education. 
If such districts comprise a township there shall not be appointed 
township school committeemen for such township, and all apportion- 
ments shall be made directly to the committee of such districts. All 
sirch schools receiving any part of the public school fund shall be 
required to make to the state superintendent and the county super- 
intendent such reports as these officers shall demand, and as are 
made by other public schools to them, and shall be under the gen- 
eral supervision of the state superintendent of public instruction. 

1901, c. 4, s. 73; 1903, c. 435, s. 25. 

II. State Board. 

3934. Incorporated. The governor, lieutenant governor, secre- 
tary of state, treasurer, auditor, superintendent of public instruc- 
tion, and attorney general shall constitute the state board of educa- 
tion, and by the name, the State Board of Education, are cre- 
ated a corporation, and by that name may sue and be sued; may 
have a common seal ; may acquire, receive and hold real, personal 
and mixed property by purchase, gift, devise or otherwise, and may 
sell, dispose of and convey the same; and may contract and be con- 
tracted with for the purposes provided in this chapter and for such 
other purposes as may be prescribed by law, and to that end may 
make such by-laws for its government and the exercise of its pow- 
ers, and alter the same from time to time in its discretion, as 
shall not be in conflict with the laws of the state and of the United 
States ; and shall be vested with all other powers conferred upon 
corporations under the general law relating to corporations. 

Const., Art. IX. ss. 8, 9, 10; Code. s. 2503: 1881, c. 200; 1903. c. 567, s. 7. 

3935. Officers; quorum; meetings; expenses. Of the board, the 

governor shall be president, the superintendent of public instruc- 
tion shall be secretary, and the treasurer of the state shall be 
treasurer, and a majority of the board shall constitute a quorum 
for the transaction of business. The board shall hold its meetings 
in the executive office, and shall meet at such times as a majority 
of the members may appoint; but the governor may call a meeting 
at any time. The contingent expenses of the board shall be provided 
for by the general assembly. 

Const., Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881. c. 200, s. 2. 

3936. Proceedings recorded. All the proceedings of the board 
shall be recorded in a well bound and suitable book, which shall be 
kept in the office of the superintendent of public instruction. 

Code, s. 2505; 1881, c. 200, s. 3. 

46 



3937 EDUCATION— //. State Board. Oh. 92 

3937. Succeeds to powers and property, etc., of literary fund. 

The state 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 need- 
ful rules and regulations for the government of the public schools 
and for the management of the state educational fund. But all 
such acts, rules and regulations of the board may be altered, 
amended or repealed by the general assembly, and when so altered, 
amended or rejuealed shall not be re-enacted by the board ; and the 
board shall succeed to and have all the property, powers, rights, 
privileges and advantages which in anywise belonged or appertained 
to the "president and directors of the literary fund of North Caro- 
lina," and may, in its own name, assert, use, apply and enforce the 
same. 

Const., Art. IX, s. 10; Code. s. 2506; 1881, e. 200. s. 4; R. C, c. 66; R. S., ec. 
66, 67. 

3938. Accounts kept; reports made. The state treasurer shall 
keep a fair and regular account of all the receipts and disburse- 
ments of the state literary fund, and shall report the same to the 
general assembly at the same time Avhen he makes his biennial 
account of the ordinary revenue; and the state board of education 
shall report to the general assembly the manner in which the fund 
has been applied or invested, with such recommendations for the 
improvement of the same, as to it shall seem expedient. 

Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 126S. s. 2; 1903. e. 567. s. 1. 

3939. HOW funds invested. The state board of education is 
authorized to invest in North Carolina four per cent, bonds or in 
other safe interest-bearing securities, the interest on which shall be 
used as may be directed from time to time by the general assembly 
for school purposes. 

1891, c. 369. 



Note. For apportionment of literary fund, see s. 3998. 

III. Swamp Lands. 

3940. Reclaimed by State board. The state board of education 
shall be invested with full power to adopt all necessary ways and 
means for causing so much of the swamp lands to be surveyed as 
it may deem capable of being reclaimed, and shall cause to be con- 
structed such canals, ditches, roads and other necessary works of 
improvement as it may deem proper and necessary. 

Code, s. 2508; R. C. c. 66, s. 5: R. S.. e. 67. s. 5: 1885. c. 70, ss. 1. 2 4: 1899. 
e. 253, s. 5. 

47 



394-1 EDUCATION—///. Swamp Lands. Ch. 92 

3941. How expenditures authorized for. The state board of 

education shall not lend or expend any part of the public moneys, 
stocks, funds or property vested in it by law, or under its control, 
for the purpose of reclaiming lands, or for any other purpose what- 
soever, except by the direction of the general assembly. 

Code, ss. 2515, 2530; R. C, c. 06, s. 12; 1870-1, c. 279. 

3942. Purchase and exchange Of. Whenever, in the process of 
draining, it may be . necessary, in order to prevent a sacrifice of the 
interests of the state, to purchase small tracts owned by individuals, 
the corporation may buy them, or exchange for them some other 
portions of the swamp lands; and the lands thus acquired by the 
corporation shall be held by it as other swamp lands. 

Code, s. 2517 ; .R. C, e. 66, s. 14. 

3943. HOW title to, vests in board. Whenever it shall be neces- 
sary to construct any such works on the lands of any individual 
proprietor, his written consent, without any formal deed of con- 
veyance of the lands necessary to the work and its future enjoy- 
ment, shall vest the title thereof in the corporation forever; and 
when any infant or person non compos mentis or feme covert shall 
be owner thereof, his guardian shall be authorized to give such con- 
sent; and the feme covert and her husband may do so, without any 
private examination ; and the consent so given shall be valid for 
all purposes. 

Code, s. 2509; R. C, c. 66, s. 6; R. S.. c. 67, s. 6. 

3944. Condemnation of lands; entry on lands for surveying. 

Whenever the consent of the proprietor shall be withheld, the cor- 
poration's agents may enter on the lands and lay off so much as may 
be necessary to be used in such work, the value of which shall be 
assessed to the proprietor according to law; and, upon the payment 
thereof, the title shall be vested in the corporation forever. In the 
assessment of valuation, the benefit that will accrue to the proprie- 
tor by reason of the improvement may be likewise reckoned and set 
off against the damages. The proceedings for such condemnation 
shall be the same as are provided for condemnation of lands by rail- 
road corporations. And the corporation's officers and agents shall 
have a right to enter upon the lands of all persons whomsoever, for 
the purpose of surveying. 

Code, ss. 2510, 2513; R. C, c. 66, s. 7 ; R. S., c. 67, s. 7. 

3945. Private lands assessed for benefits. When there are 

lands owned by individuals which can be reclaimed by reason of 
the canals, ditches or other works of the corporation, the same shall 
be assessed to contribute an equitable proportion of the cost of said 

48 



3945 EDUCATION—///. Swamp Lands. Ch. 92 

works ; which assessment shall be made by the board, or a board of 
commissioners appointed by them, and the same shall be charged on 
the lands ; but the corporation, by contract with individual proprie- 
tors may agree upon the assessment, and accept payment thereof in 
labor or money. 

Code, s. 2511; R. C, c. 66, s. 8; R. S., c. 67, s. 8. 

3946. Rules for surveying, reclaiming and assessing. The 

state board of education may enact all necessary rules and regula- 
tions for surveying and reclaiming the swamp lands; for assessing 
the lands of individuals which may be improved by the works, and 
for collecting assessments ; and the assessments shall be published 
weekly for five weeks in one of the newspapers published in Ral- 
eigh, and also filed in the office of the clerk of the superior court of 
the county wherein the lands assessed are situate. If no objections 
are filed at the court next after such advertisement, the assessments 
shall be confirmed by the court and the lands adjudged liable for 
the amount, and execution may be issued for the sale thereof to 
satisfy the same, on motion to the court for that purpose ; and if 
any reasons be shown against the assessments, they shall be heard 
and determined by the court, and the assessments shall be increased 
or diminished, as the court shall adjudge. 

Code, s. 2512; R. C, e. 66, s. 9; R. S., c. 67, s. 9; 1899, c. 253; 1901, e. 529. 

3947. Engineer, surveyor and other servants. The state board 

of education may appoint an engineer and surveyor and other ser- 
vants to plan the works directed by this chapter, and such board 
may annually appoint an agent to superintend and supervise all 
the swamp lands belonging to the state board of education. 

Code, ss. 2512, 2523; R. C, c. 66, ss. 9. 20; R. S., c. 67, s. 9; 1854, c. 48; 1899, 
e. 253, ss. 1, 2, 5; 1901, e. 529. 

3948. Agent's duties. Such agent shall devote his entire atten- 
tion to the business; abandon all prior engagements that may con- 
flict with the interest of the state board of education; aid and 
assist counsel in the preparation and trial of all suits that may be 
directed by the corporation; collect information as to the location 
and value of all such lands; survey or have surveyed such tracts of 
such lands, or such other lands necessary to ascertain the location of 
lands belonging to the corporation as he may deem necessary, under 
the direction of the corporation. lie shall make reports from time 
to time to the corporation of all the information he obtains, with 
such suggestions as he may deem proper; and shall prepare a state- 
ment of each tract of land owned by the corporation and its loca- 
tion, quantity, as well as ascertained and probable value, distin- 
guishing between those tracts the title to which is doubtful, or 

R. S. Vol. II— 4 49 



3948 EDUCATION—///. Swamp Lands. Ch. 92 

good ; and this statement shall be recorded by him in a book to be 
kept by the corporation and in a manner, by index or otherwise, 
easy for reference. 

Code, s. 2524; R. C, c. 66, s. 21; 1890, e. 253, s. 3. 

3949. Agent may be removed. The agent may be removed by 
the state board of education at any time and another appointed to 
supply the vacancy, the agent removed being paid a pro rata com- 
pensation. The agency may be continued in the discretion of the 
board. 

Code, s. 2525; R. C, c. 66, s. 22; 1899, c. 253, s. 4; 1901, c. 529. 

3950. Forfeiture of, for failure to register deeds. All the grants 

and deeds for swamp lands, heretofore made, must have been proved 
and registered in the county where the lands are situate, within 
twelve months from November first, one thousand eight hundred 
and eighty- three, and every such grant or deed, not being so reg- 
istered within that time, shall be void, and the title of the pro- 
prietor in such lands shall revert to the state; but the provisions of 
this section shall be applicable to the swamp lands only which have 
been surveyed or taken possession of by, or are vested in, the state 
board of education, or its agents. 

Code, ss. 2513, 3866; R. C, c. 66, s. 10; R. S., c. 67, s. 10. 

3951. Title presumed to be in the board; tax titles presumed 

valid. In all controversies and suits for any of the swamp lands, 
to which the state board of education or its assigns shall be a party, 
the title to such lands shall be taken and deemed to be in that cor- 
poration or its assigns until the other party shall show that he hath 
a good and valid title to such lands in himself. And in all contro- 
versies touching the title to or the right of possession to any lands 
claimed by the state, the state hoard of education or the University 
of North Carolina, under any sale for taxes at any time heretofore 
made or which hereafter may be made, the deed of conveyance made 
by the sheriff or other officer or person making such sale, or who 
may have been authorized to execute such deed, shall be presump- 
tive evidence that the lands therein mentioned were, at the time 
the lien for such taxes attached and at the time of the sale, the 
property of the person therein designated as the delinquent owner; 
that such lands were subject to taxation ; that the taxes were duly 
levied and assessed; that the lands were duly listed ; that the taxes 
were due and unpaid ; that the manner in which the listing, assess- 
ment, levy and sale were conducted was in all respects as the law 
directed; that all the prerequisites of the law were duly complied 
with by all officers or persons who had or Avhose duty it was to have 
had any part or action in any transaction relating to or affecting 

50 



3951 EDUCATION—///. Swamp Lands. Ch. 92 

the title conveyed or purporting to be conveyed by the deed, from 
the listing and valuation of the property up to the execution of the 
deed, both inclusive; and that all things whatsoever required by 
law to make a good and valid sale and vest the title in the pur- 
chaser were done, and that all recitals in such deed contained are 
true as to each and every of the matters so recited. And in all 
controversies and suits involving the title to real property claimed 
and held under and by virtue of a deed made substantially as above 
the person claiming title adverse to the title conveyed by such deed 
shall be required to prove, in order to defeat such title, either that 
the real property was not subject to taxation for the year or years 
named in the deed, that the taxes had been paid before the sale, 
that the property had been redeemed from the sale according to the 
provisions of law and that such redemption was had or made for 
the use or benefit of persons having the right of redemption under 
the laws of this state, or that there had been an entire omission to 
list or assess the property or to levy the taxes or to sell the property ; 
but no person shall be permitted to question the title acquired under 
such sale and deed without first showing that he or the person under 
whom he claims title had title to the property at the time of the 
sale, and that all taxes due upon the property have been paid by 
such person or the person under whom he claims title. 

Code, s. 2527; E. C., e. 60, s. 24; 1842-3. c. 36, s. 3; 1889, e. 243. 

3952. Statute Of limitations. No statute of limitation shall 
affect the title or bar the action of the state board of education, or 
its assigns, unless the same would protect the person holding and 
claiming adversely against the state. 

Code, s. 2528; E. C c. 66, s. 25; 1842-3. e. 36, s. 5. 

3953. Sale Of. The state board of education is authorized and 
directed to sell and convey the swamp lands at public or private 
sale at such times, for such prices, in such portions and on such 
terms as to it may seem proper ; but it shall not sell at a price less 
than twelve and one-half cents per acre. It shall report each sale 
to the next session of the general assembly. The proceeds, as also 
money received on entries of vacant land, shall become a part of 
the state literary fund. The corporation shall not sell any canal by 
it constructed under this chapter. 

Code, ss. 2514, 2515, 2529; 1872-3, c. 194. s. 2: 1889, e. 243, s. 4; E. C, c. 66, 
s. 12. 

3954. Reservations to the state, in sales. In any sale which 

shall be made by the state board of education the following powers 
shall be expressly reserved to the state, to be exercised under such 
laws as are now or may be enacted by the general assembly: 

51 



3954 EDUCATION— III. Swamp Lands. Oh. 92 

1. To make any expedient regulations respecting the repair of 
the canals which have been eat by the state, or enlargement of such 
canals. 

2. To impose taxes on the lands benefited by those canals for 
their repair, and which shall not be closed. 

3. That the navigation of the canals shall be free to all persons, 
subject to a right in the state to impose tolls. 

4. That all land owners on the canals may drain into them, sub- 
ject only to such general regulations as now are or hereafter may 
be made by the general assembly in such cases. 

5. That the roads along the banks of the canals shall be public 
roads. 

Code, s. 2534; 1872-3, c. 118. 

3955. Actions by the board; counsel; compromise. The state 

board of education may employ counsel learned in the law to aid 
and assist it in the investigation and prosecution of its title to any 
of the swamp lands ; and may compromise upon such terms as to 
it shall seem reasonable and just, for the title, so as to secure the 
corporation an indefeasible right in such lands. 

Code, s. 2516; R. C, c. 66, s. 13. 

3956. Actions and surveys by others for the board. The state 

board of education shall have full power and authority to agree 
with any person to prosecute its claim to any swamp lands in any 
county or counties, or to survey and identify its lands in such coun- 
ties, and allow to such person a share of any such land as a com- 
pensation for his services. 

Code, s. 2526; R. C, c. 66, s. 23; 1854, e. 48. 



Note. Swamp lands defined, see s. 1678. 

IV. School-house Loans. 

3957. Made by State board. The state board of education, un- 
der such rules and regulations as it may deem advisable, not incon- 
sistent with the provisions of this chapter, may make loans from 
the state literary fund to the county board of education of any 
county for the building and improving of public school-houses in 
such county. But no warrant for the expenditure of any money 
for such purposes shall be issued by the auditor except upon the 
order of the state superintendent of public instruction, with the 
approval of the state board of education. 

1903, e. 567, ss. 1, 2, 8. 

3958. Terms Of. Loans made under the provisions of this chap- 
ter shall be payable in ten instalments, shall bear interest at four 

52 



3958 EDUCATION— IV. School-house Loans. Ch. 92 

per centum payable annually, and shall be evidenced by the note 
of the county board of education, executed by the chairman and 
secretary thereof, and deposited with the state treasurer. The first 
instalments of such loan, together with the interest on the whole 
amount then due, shall be paid by the county board on the tenth 
day of February after the tenth day of August subsequent to the 
making of such loan, and the remaining instalments, together with 
the interest, shall be paid one each year, on the tenth day of Feb- 
ruary of each subsequent year till all shall have been paid. 

1903, c. 567, s. 3. 

3959. HOW Secured and paid. At the January meeting of the 
county board of education, before any instalment shall be chxe on 
the next tenth day of February, the county board shall set apart 
out of the school funds an amount sufficient to pay such instalment 
and interest to be due, and shall issue its order upon the treasurer 
of the county school fund therefor, who, prior to the tenth day of 
February, shall pay over to the state treasurer the amount then due. 
And any amount loaned under the provisions of this law shall be a 
lien upon the total school funds of such county in whatsoever hands 
such fund may be, and upon failure to pay any instalment or 
interest, or part of either when due, the state treasurer may deduct 
a sufficient amount for the payment of the same out of any fund 
due any county from any special state appropriation for public 
schools, or he may bring action against the county board of educa- 
tion of such county, any person in whose possession may be any 
part of the school funds of the county, and the tax collector of such 
county. And if the amount of school fund then on hand be insuffi- 
cient to pay in full the sum so due, then the state treasurer shall 
be entitled to an order directing the tax collector of such county to 
pay over to the state treasurer all moneys collected for school pur- 
poses until such debt and interest shall have been paid. 

1903, c. 567, s. 4. 

3960. Loans by county boards to school districts. The county 

board of education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building school-houses in such district, and the 
amount so loaned to any district shall be payable in ten annual in- 
stalments, with interest thereon at four per centum payable annu- 
ally. At the January meeting of such county board it shall deduct 
from the apportionment made to any district which has borrowed 
under the provisions of this chapter, the instalment and interest 
then due, and shall continue to deduct such amount at each annual 



53 



3960 EDUCATION— IV. 8chool-hou.se Loans. Ch. 92 



January meeting until the whole amount shall have been paid, 
together with interest. 
1903, c. 567, s. 5. 

V. Text-book Commission. 

3961 . Created. The state hoard of education is hereby constituted 
a state text-book commission, whose duty it is to select and adopt 
a uniform series or system of text-books for use' in the public schools 
in the state of North Carolina ; and who shall serve without compen- 
sation. The governor shall be, ex officio, president of such commis- 
sion, and the superintendent of public instruction its secretary. 

1901, c. 1, ss. 1, 2. 7, 20. 

3962. Powers; term of contracts made by. The commission 

may, from time to time, make any necessary regulations not con- 
trary to the provisions of this chapter, to secure the prompt distri- 
bution of the books herein provided for, and the prompt and faith- 
ful performance of all contracts. After the expiration of the con- 
tracts now in force for furnishing books to the public schools the 
commission may advertise for new bids, or proposals, as required 
by this chapter, and enter into such other contracts as they may 
deem best for the interest of the patrons of the . public schools of 
the state. Any contract entered into, or renewed, shall be for the 
term of five years. 

3963. Term Of Office and powers. The commission shall main- 
tain its organization during the five years of the continuance of 
the contract now in force and after the expiration of the same 
shall advertise for new bids, or proposals, as required by this chap- 
ter in the first instance, and enter into such other contracts as 
it may deem best for the interest of the patrons of the public schools 
of the state ; and the commission may from time to time make any 
necessary regulations not contrary to the provisions of this chapter 
to secure the prompt distribution of the books herein provided for 
and the prompt and faithful performance of all contracts. 

1901, c. l, s. 14. 

3964. Character and requisites of books to be adopted. The 

uniform series of text-books to be selected by the commission shall 
include the following branches, to-wit: Orthography, defining, read- 
ing, writing, drawing, arithmetic, geography, grammar, language 
lessons, history of North Carolina containing the constitution of the 
state, history of the United States containing the constitution of 
the United States, physiology, hygiene, nature and effect of alco- 



54 



$964: EDUCATION— V. Text-look Commission. Oh. 92 

holic drinks and narcotics, elements of civil government, elements 
of agriculture, theory and practice of teaching. None of such text- 
books shall contain anything of a partisan or sectarian character, 
and all shall be written or printed in English. 

1901, c. 1. ss. 2. 8. 

3965. Exclusive use of books adopted by. The books adopted by 

the commission as a uniform system of text-books shall be intro- 
duced and used as text-books,- to the exclusion of all others, in 
all the public free schools in the state for a period of five years 
from the date of adoption ; and it shall not be lawful for any 
school officer, director or teacher to use any books upon the same 
branches other than those adopted by the commission. Nothing 
herein shall prevent the use of supplementary books ; but such sup- 
plementary books shall not be used. to the exclusion of the books pre- 
scribed or adopted under the provisions of this chapter. Nor shall 
anything herein prevent the teaching in any school any branch higher 
or one more advanced than is embraced in the next preceding section ; 
nor the use of any book upon such higher branch of study ; but such 
higher branch shall not be taught to the exclusion of the branches 
mentioned and set out in the next preceding section. 

3966. Can purchase elsewhere when contractor fails to sup- 
ply; teacher allowing other books dismissed. Nothing herein shall 

prevent or prohibit the patrons of the public schools throughout the 
state from procuring books in the usual way, in case no contract 
shall be made, or the contractor fails, or refuses, to furnish the 
books provided for in this chapter at the time required for their 
use in the respective schools. If any teacher, shall wilfully use, or 
permit to be used, in his school, any text-book upon the branches 
embraced in this chapter, where the commission has adopted a book 
upon that branch, other than the one so adopted, the county board 
of education shall discharge and cancel the certificate of such teacher, 
or school superintendent ; but they may use, or permit to be used, 
such book, or books, as may be owned by the pupils of the school 
at the time of the adoption until such books are worn out, not ex- 
ceeding one year from the date of the adoption. 
1901, e. 1, ss. 2, 16. 17, 18. 

3967. Subcommission to be appointed. It shall be the duty of 

the governor to appoint a subcommission of not less than five, nor 
more than ten, to be selected from among the teachers, or city or 
county superintendents, actually engaged in the school business in 
this state, not more than two of whom shall be taken from the same 
congressional district. 
1901. c. 1, s. 3. 

55 



3968 EDUCATION— T'. Text-booh Commission. Ch, 92 

3968. Oath Of SllbcommiSSionerS. Each member of the subcom- 
mission, before entering upon the discharge of his duties, shall 
take and subscribe an oath to act honestly, conscientiously and 
faithfully, and that he is not now, and has not, within two years 
prior to his appointment, been agent or attorney for or in the em- 
ployment of, or interested in, any book or publishing house, con- 
cern, or corporation, making, or proposing to make, bids for the 
sale of books, pursuant to the provisions of this chapter; and that 
he will carefully and faithfully examine all books submitted, and 
make true report thereon, as herein directed and prescribed. Such 
oath shall be filed in the office of the secretary of state. 

1901, c. l, s. 5. 

3969. Examination of books by subcommission, and report 

thereon. To the subcommission shall be referred all books sent 
to the state text-book commission as specimen copies or samples, 
upon which bids are to be based ; and it shall be the duty of the 
subcommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price ; taking into con- 
sideration the subject-matter of the books, their printing, their ma- 
terial, and their mechanical qualities, and their general suitability 
and desirabilty for the purposes for which they are desired and 
intended. The subcommission shall report to the commission at 
such time as the commission shall direct, arranging each book in its 
class, or division, and reporting books in the order of their merit, 
pointing out the merits and demerits of each, and indicating what 
book it recommends for adoption first, what book is its second 
choice, and its third choice, and so on, pursuing this plan with the 
books submitted upon each branch of study ; and if the subcommis- 
sion shall consider different books upon the same subject, or of the 
same class or division, of approximately even merit, all things 
being considered, it shall so report, and if it considers that any 
book offered is of such a class as to make it inferior and not worthy 
of adoption, shall, in its report, so designate such book. In its 
report it shall make such recommendations and suggestions to the 
commission as it shall deem advisable and proper to make. 

1901, e. 1, ss. 3, 4. 

3970. Report, when opened and where filed. The report of the 

subcommission shall be kept secret and sealed up, and delivered to 
the secretary of the commission, and shall not be opened by any 
member of the commission until the commission shall meet in ex- 
ecutive session to open and consider the bids, or proposals, of pub- 
lishers or others, desiring to have books adopted by the commission. 
And when such commission shall have finished with such report it 
shall be filed and preserved in the office of the state ^nperintend- 

56 



3970 EDUCATION— T~. Text-book Commission. Cli. 92 

ent of public instruction, and shall be open at all times for public 
inspection. 

1901, c. 1, ss. 4, 6. 

3971. Selection and adoption of books by the commission. 

The commission in its selection and adoption of a uniform series of 
text-books, shall consider the merits of the books, taking into con- 
sideration their subject matter, the printing, binding, material, and 
mechanical quality, their general suitability and desirability for 
the purposes intended, and the price ; and shall give due considera- 
tion to the report and recommendation of the subcommission. The 
commission shall select and adopt such books as will, in its best 
judgment, accomplish the ends desired ; and is hereby authorized 
and directed, in case any books are deemed by it suitable for 
adoption, and more desirable than other books of the same class, or 
division, submitted, and it further considers the price at which 
such books are offered to be unreasonably high, and that they should 
be offered at a smaller price, to immediately notify the publisher of 
such books of its decision and request such reduction in price as 
it deems reasonable or just, and if it and such publishers shall 
agree on a price, it may adopt such books ; but if not, it shall use its 
sound judgment and discretion whether to adopt those or the books 
deemed by it the next best in the list submitted. 
1901, c. l, s. G. 

3972. Advertisement for bids. As soon as practicable after the 
expiration of the now existing contracts, and not later than thirty 
days thereafter, the commission shall advertise in such manner, and 
for such a length of time, and at such places as may be deemed 
advisable, that at a time and place fixed definitely in the adver- 
tisement, sealed bids, or proposals, will be received from the pub- 
lishers of school text-books for furnishing books to the public schools 
in the state of North Carolina, through agencies established by the 
publishers in the several counties, and in the several places in the 
counties in the state, as may be provided for in such regulations 
as the commission may adopt and prescribe. The advertisement 
shall also state in substance the requirements of the next succeed- 
ing section, and shall reserve the right to the commission to reject 
all bids. 

1901, c. 1, ss. 1, 7. 11. 14. 

3973. Bids, how made; contents of. The bids or proposals shall 

be for furnishing books for a period of five years, and no longer, 
and no bid for a longer period shall be considered. The bids shall 
state specifically and definitely the price at which books are to be 
furnished and shall be accompanied by ten or more specimen cop- 



3973 EDUCATION— V. Text-booh Commission. Oh. 92 

ies of each and every book proposed to be furnished ; and "it shall be 
required of each bidder to deposit with the treasurer of the state 
a sum of money, such as the commission may require, not less than 
five hundred nor more than twenty-five hundred dollars, according 
to the number of books each bidder may propose to supply; and 
such deposits shall be forfeited absolutely to the state if the bidder 
making the deposit of any sum shall fail, or refuse, to make and 
execute such contract and bond, as is hereinafter required, within 
such time as the commission shall require. All bids shall be sealed 
and deposited with the secretary of state, to be by him delivered to 
the commission when in executive session, for the purpose of con- 
sidering the same, when they shall be opened in the presence of the 
commission. And each person, or publisher, making a bid for the 
supplying of any books, shall state in such bid. or proposal, the 
exchange price at which such books shall be furnished. It shall 
be the duty of the secretary of state to carefully preserve in his 
office, . as the standard of quality and excellence to be maintained 
in such books during the continuance of the contracts for furnish- 
ing the same, the specimen or sample copies of all books which 
have been the basis of any contract, together with the original bid, 
or proposal. 

1901, c.lj ss. 7, 9, 10. 

3974. Bids and proposals may be rejected. The commission 

shall have and reserve the right to reject any and all bids, or pro- 
posals, if of opinion that any or all should for any reason be re- 
jected. And in case it fail, from among the bids or proposals sub- 
mitted to select or adopt any book upon any of the branches prescribed 
by this chapter, may re-advertise for sealed bids, or proposals, under 
the same terms and conditions as before, and proceed with its in- 
vestigations in all respects as in the first instance, and as required 
by the terms and provisions of this chapter. . And the commission 
shall have and reserve the same rights in cases of advertisement 
for and presentation of bids and proposals for manuscripts and 
unpublished books hereinafter provided for in this chapter. 

1901, c. 1,'s. 11. 

3975. Manuscripts and unprinted books may be adopted. In 

the event that the commission rejects the bid for furnishing any 
book, or in case it fail to adopt any book of the classes required., 
it may advertise for sealed bids or proposals, from authors or pub- 
lishers of text-books who have manuscripts of books not yet pub- 
lished, for prices at which they will publish and furnish in book 
form such manuscripts for use in the public schools in North Caro- 
lina, proceeding in like manner as in bids for furnishing books, 
but the state itself shall not, under any circumstances, enter into 

58 



3975 EDUCATION— V. Text-booh Commission. Ch. 02 

any contract binding it to pay for the publication of any book, but 
in the contract with the owner of the manuscript it shall be provided 
that he shall pay the compensation to the publisher for the publi- 
cation and putting in book form the manuscript, together with the 
cost and expense of copyrighting the same. All such bids or propo- 
sals shall be accompanied with a cash deposit of from five hun- 
dred to twenty-five hundred dollars, as the commission may direct, 
and as heretofore provided in this chapter ; and it is expressly pro- 
vided that any person now doing business, or proposing to do busi- 
ness, in this state shall have the right to bid for the contract to be 
awarded hereunder in manner as follows : In response to the ad- 
vertisement such person may submit his written bid to edit, or have 
edited, published and supplied for use in the public schools in this 
state any book provided for hereunder. Instead of filing with the 
bid or proposal a sample or specimen or copy of each book proposed 
to be furnished, he may exhibit to the commission in manuscript, 
or printed form, the matter proposed to be incorporated in any book, 
together with such a description and illustration of the form and 
style thereof, as will be fully intelligible and satisfactory to the 
commission; or he may submit a book, the equal of which in every 
way he proposes to furnish ; and lie shall accompany his bid or 
proposal with the cash deposit hereinbefore required. All such 
books and manuscripts shall be examined and reported upon by 
the subcommission before being adopted. 
1901, c. 1, s. 11. 

3976. Commission to deliver sample books to subcommission. 

It shall be the duty of the commission to meet at the time and place 
designated in the advertisement and take out the sample or speci- 
men copies submitted, upon which the bids are based, and refer 
and submit them to the subcommission, as provided for and directed 
in this chapter, with instructions to the subcommission to report 
at a time specified, with the classification and recommendation, as 
provided in this chapter. 
1901, c. 1, s. 8. 

3977. Adoption Of books. When the report of the subcommis- 
sion is submitted it shall be the duty of the commission to meet 
in executive session to open and examine all sealed proposals sub- 
mitted and received in pursuance of the notice, or advertisement, 
provided for in this chapter. It shall be the duty of the commission 
to examine and consider carefully all such bids or proposals, together 
with the report and recommendation of the subcommission, and de- 
termine, in the manner provided in this chapter, what books, upon 
the branches hereinabove mentioned, shall be selected for adop- 
tion, taking into consideration the size, quality as to the subject 



3977 EDUCATION— V. Text-look Commission. Ch. 92 

matter, material, printing, binding, and the mechanical execution, 
and price, and the general suitability for the purpose desired and 
intended. After the selection or adoption shall have been made, 
the commission shall award the contracts and shall by registered 
letter notify the publishers or proposers to whom the contracts have 
been awarded. But the commission shall not, in any case, con- 
tract with any person for the use of any book which shall be sold 
to patrons for use in any public school in the state in excess Of the 
price at which such book is to be furnished by such person under 
contract to any state, county, or school district in the United States, 
under like conditions as those prevailing in this state and under this 
chapter. 

1901, c. l, ss. 8, o. 

3978. Contract, hOW executed. Upon the awarding of the con- 
tracts, it shall be the duty of- the attorney general to prepare the 
same in accordance with the terms and provisions of this chapter. 
On behalf of the state the contracts shall be executed by the gov- 
ernor and secretary of state and the seal of the state shall be set 
thereto. All such contracts shall be executed in triplicate, of which 
one shall be kept by the secretary of the commission, one shall be 
filed in the office of the secretary of state, and one shall be retained 
by the other contracting party. All contracts entered into or re- 
newed under the provisions of this chapter shall be for the term of 
five years. 

1901, c. ss. S, 14. 

3979. Contract; stipulations as to prices, and exchange of 

books. It shall be stipulated in each contract that the contractor 
has never furnished, and is not now furnishing under contract, any 
state, county, or school district in the United States, where like 
conditions prevail as are then prevailing in this state, and under 
this chapter, the same books as are embraced in the contract at a 
price below that stipulated in the contract, and the commission is 
hereby authorized and directed, at any time that it may find that 
any books have been sold at a lower price under contract to any 
state, county, or school district, to sue upon the bond of the con- 
tractor and recover the ' difference between the contract and the 
lower price for which books have been sold. And it shall also be 
stipulated in the contract that the contractor shall take up school 
books in use in this state at the date of such contract and receive 
the same in exchange of new books, allowing a price for such old 
books not less than fifty per cent, of the contract price of the new 
books. 

1901, c. 1, ss. 9, 10. 

60 



3980 EDUCATION— V. Text-booh Commission. Cli. 92 

3980. Contract, as to liability of state. It shall always be a 

part of the terms and conditions of every contract made in pur- 
suance of this chapter that the state of North Carolina shall not be 
liable to any contractor in any manner for any sum whatever, but 
all such contractors shall receive their pay and compensation solely 
and exclusively from the proceeds of the sale of books as provided 
for in this chapter. 
1901.. c. 1. s. 10. 

3981. Contracts may be changed or altered. Nothing in this 

chapter shall prevent the commission, and any contractor agreeing 
thereto, from in any manner changing or altering any contract, if 
four members of the commission shall agree to the change, and think 
it advisable and for the best interest of the public schools of the 
state. 

1901, e. L s. 9. 

3982. Books must Come Up to Sample. The books furnished 
under any contract shall, at all times during the existence of the 
contract, in all respects be equal to the specimen or sample copies 
furnished with the bid. 

1901, c. l, s. 9. 

3983. Bond Of Contractor. At the time of the execution of the 
contract the contractor shall enter into a bond in the sum of not less 
than ten thousand dollars, payable to the state of North Carolina, 
the amount of the bond within such limits to be fixed by the com- 
mission, conditioned for the faithful, honest, and exact performance 
of his contract, and shall further provide for the payment of rea- 
sonable attorney's fees in case of recovery in any suit upon the same, 
with three or more good and solvent sureties, actual citizens and 
residents of this state or any guaranty company authorized to do 
business in this state, may become the surety on such bond ; and it 
shall be the duty of the attorney general to prepare and approve 
such bonds. The commission may at any time, by giving thirty 
days' notice, require additional security or additional bond. 

1901, c. 1, ss. 8, 9. 

3984. Actions On the bond. In case any contractor shall fail to 
execute specifically the terms and provisions of his contract, the 
commission is hereby empowered and directed to bring an action 
upon the bond of such contractor for the recovery of any and all 
damages. Such action shall be in the name of the state of North 
Carolina, and the recovery shall be for ;the benefit of the public 
school fund in the state and counties, and when collected, shall be 
placed in the treasury of the school fund. The bond shall not be 
exhausted by a single recovery, but may be sued on from time to 

61 



3984 EDUCATION—!'. Text-booh Commission. Ch. 92 

time until the full amount thereof shall be recovered. And it is 
expressly provided that should any party contracting to furnish 
books, as provided for in this chapter, fail to furnish them, or other- 
wise break his contract, in addition to the right of the state to sue 
oil the bond hereinabove required, the chairman of the county board 
of education, or any member thereof, may sue in the name of the 
state in the courts of the state having jurisdiction, and recover on 
such bond the full value of the books so failed to be furnished, for 
the use and benefit of the school fund of the county. In all such 
cases service of process may be made on any agent of the contractor 
in the county, or if no agent is in the county, then service may be 
made on any agent in charge of any depository, and such service 
shall be, and stand in the place of, service on the defendant con- 
tractor. 

1901, c. 1, ss. 8, 9, 13. 

3985. Deposits by bidders, when returned and when forfeited. 

When any person shall have been awarded a contract, and shall 
have given the bond required, the commission, through its secre- 
tary, shall so inform the treasurer of the state, and it shall then be 
the duty of the treasurer to return to such contractor the cash de- 
posit made by him ; and the commission, through its secretary, shall 
inform the treasurer of the names of the unsuccessful bidders or pro- 
posers, and the treasurer shall, upon the receipt of this notice, re- 
turn to them the amounts deposited by them in cash at the time 
of the submission of their bids. But should any person fail or re- 
fuse to execute a contract and give the bond as required by this 
chapter, within thirty days after the awarding of the contract to him, 
and the mailing of the registered letter containing notice thereof, 
which shall be sufficient evidence that the notice was given and re- 
ceived, the cash deposit shall be deemed and is hereby declared for- 
feited to the state of North Carolina, and it shall be the duty of 
the treasurer to place such cash deposit in the treasury of the state 
to the credit of the school fund. 
1901. c 1, s. 8. 

3986. Prices to be printed on books. It shall be the duty of all 

contractors to print plainly on the back of each book the contract 
price, as well as the exchange price at which it is agreed to be fur- 
nished, but the books submitted as sample or specimen copies, with 
the original bid, shall not have the price printed on them before they 
are submitted to the subcommission. And all books shall be sold to 
the consumer at the retail contract price, and on each book shall be 
printed the following: ''The price fixed hereon is fixed by state con- 
tract, and any deviation therefrom should be reported to your county 

62 



3986 EDUCATION—1'. Text-booh Commission. Ch. 92 

superintendent of public instruction, or the state superintendent at 
Ealeigh." 

1901, c. 1, ss. 9, 13, 19. 

3987. Agencies for distribution of books to patrons of public 

Schools; penalty. There shall be maintained in each county in the 
state not less than one and as many more agencies as the commis- 
sion, upon recommendation of the county board of education, shall 
order, to be located at such points as the county board may rec- 
ommend, for the distribution of the books to the patrons ; or the con- 
tractor shall be permitted to make arrangements with merchants, 
or others for the handling and distribution of the books ; and par- 
ties living in the county where no agency has been established, 
or no arrangement made for distribution, may order the same from 
one of the contractors, and it shall be the duty of the contractor 
or contractors to deliver any book so ordered, to the person order- 
ing, to his postoffice address, freight, express, postage, or other 
charges prepaid, at the retail contract price, if the price of the 
books so ordered shall be paid in advance. And every contractor 
shall be rquired to keep on hand at all times at every established 
agency in every county an ample supply of books to meet all de- 
mands of patrons and purchasers, and upon failure to do so, or 
upon failure to establish agencies when ordered to do so by the 
commission as directed herein, the contractor shall be liable to a 
penalty of five hundred dollars for each and every failure to comply 
with the provisions of this section, to be sued for by the attorney 
general in the name of the state in the superior court of the county 
of Wake, for the benefit of the school fund of the county injured 
by such failure ; and if any contractor, against whom judgment shall 
be obtained for such penalty, shall fail to pay the same within thirty 
days of the docketing thereof, he shall forfeit his contract, and the 
commission shall so declare, and shall thereupon proceed to make a 
new contract for books with some other contractor. The county 
superintendent shall notify the contractors annually of the date of 
opening the public schools at least thirty days before they open. 

1901, c. 1, s. 13; 1903, c. 691, s. 1. 2. 

3988. Contract proclaimed by governor; notices issued by 

State Superintendent. As soon as the commission shall have en- 
tered into a contract for the furnishing or supplying of books for 
use in public schools, it shall be the duty of the governor to issue 
his proclamation announcing such fact to the people of the state. 
And as soon thereafter as practicable the state superintendent shall 
issue a circular letter to each county superintendent in the state, 
and to such others as he may desire, which letter shall contain the 
list of books adopted, the prices, location of agencies, and method 

03 



3988 EDUCATION— V. Text-book Commission. Ch. 92 

of distribution, and such other information as he may deem neces- 
sary. 

1901, e. 1, ss. 12, 15, 

VI. Public Schools. 

3989. Uniform system; compulsory attendance. The people 

have the right to the privilege of education and it is the duty of 
the state to guard and maintain that right; and religion, morality 
and knowledge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall forever 
be encouraged. The general assembly shall provide by taxation and 
otherwise, for a general and uniform system of public schools, 
wherein tuition shall be free of charge to all children of the state 
between the ages of six and twenty-one years. And the general 
assembly is 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. 

Const., Art. I, s. 27; Art. IX, ss. 1. 2, 15. 

3990. Separate schools for races; no discrimination against 

either race. The children of the white race and the children of 
the colored race shall be taught in separate public schools ; but there 
shall be no discrimination in favor of or to the prejudice of either 
race. All white children shall be taught in the public schools pro- 
vided for the white race, and all colored children shall be taught 
in the public schools provided for the colored race ; but no child 
with negro blood in his veins, however remote the strain, shall 
attend a school for the white race ; and no such child shall be con- 
sidered a white child. The descendants of the Croatan indians 
now living in Robeson and Richmond counties shall have separate 
schools for their children as hereinafter provided in this chapter. 
Const., Art. IX, s. 2; 1901, c. 4, s. 68; 190.3. c. 435, s. 22. 

3991. What taught. The branches taught in the public schools 
shall be orthography, defining, reading, writing, drawing, arithmetic, 
geography, grammar, language lessons, history of North Carolina 
including the constitution of the state, history of the United States 
including the constitution of the United States, physiology, hygiene, 
nature and effect of alcoholic drinks and narcotics, elements of civil 
government, elements of agriculture, theory and practice of teach- 
ing, and such other branches as the state board of education may 
direct. 

1901, c. 4, s. 37. 



64 



3992 EDUCATION— TV. Public Schools. Ch. 92 

3992. Oath of office taken by officials. The members of the 

county board of education, the school committeemen and the county 
superintendent of public instruction shall, before entering upon 
the duties of office, take oath for the faithful performance thereof. 

1901, c. 4, s. 45. 

VII. State Superintendent. 

3993. Shall equip office, print and circulate school law, super- 
intend public SChOOlS. The superintendent of public instruction of 
North Carolina shall have the school laws published in pamphlet 
form and distributed on or before the first day of May of each year. 
He shall send to each officer a circular letter, enumerating his duties 
as prescribed in this chapter. Tie shall have printed all the forms 
necessary and proper for the purposes of this chapter, and shall 
look after the school interest of the state, and report biennially to 
the governor, at least five days previous to each regular session of 
the general assembly, which report shall give information and sta- 
tistics of the public schools and recommend such improvements in 
the school law as may occur to him. He shall keep his office at 
the seat of government, and shall sign all requisitions on the aud- 
itor for the payment of money out of the state treasury for school 
purposes. Copies of his acts and decisions, and of all papers kept 
in his office and authenticated by his signature and official seal, 
shall be of the same force and validity as the original. He shall be 
furnished with such room, fuel and stationery as shall be necessary 
for the efficient discharge of the duties of his office. 

3994. Shall construe and enforce law; ascertain best school 

methods. He shall direct the operations of the system of public 
schools and enforce the laws and regulations in relation thereto. 
The county board of education and all other school officers in the 
several counties shall obey the instructions of the state superintend- 
ent and accept his constructions of the school law. It shall be his 
duty to correspond with leading educators in other states, and to 
investigate systems of public schools established in other states, and, 
as far as practicable, render the results of educational efforts and 
experiences available for the information and aid of the legislature 
and state board of education. 

1901, c. 4, s. 8; 1903, c. 435, s. 1. 

3995. Shall counsel county boards; hold institutes, etc. It 

shall be his duty to acquaint himself with the peculiar educational 
wants of the several sections of the state, and he shall take all 
proper means to supply such wants, by counseling with county 
boards of education and county superintendents, by lectures before 

R. S. Vol. II— 5 65 



391)5 EDUCATION— VII. State Superintendent. Ch. 92 

teachers' institutes, and by addresses to public assemblies on sub- 
jects relating to public schools and public school work. 
1901, e. 4, s. 9. 

3996. Duties as to loan fund. He shall go to any county when 
necessary for the clue execution of the law creating a permanent 
loan fund for the erection of public school-houses. lie shall include 
in his annual reports a full showing of everything done under the 
provisions of the law creating the permanent loan fund for the erec- 
tion of public school buildings. 

1903, e. 751. S3. 11, 12. 

VIII. Finds from the State. 

3997. Special permanent fund. The proceeds of all lands that 
have been or may hereafter be granted by the United States to this 
state, and not otherwise appropriated by this state or the United 
States, also all moneys, stocks, bonds and any other property now 
belonging to any state fund, for the purposes of education, also 
the net proceeds of sales of swamp lands belonging to the state, and 
all other grants, gifts or devises that have been made or hereafter 
may be made to this state, and not otherwise appropriated by this 
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 set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining a system 
of free public schools, as established in pursuance of the constitu- 
tion and for no other purpose whatsoever. And all funds of the 
state heretofore derived from the sources enumerated in section 
four, article nine of the state constitution, and all funds that- may 
be hereafter so derived, together with any interest that may accrue 
thereon, shall be a fund separate and distinct from the other funds 
of the state, to be known as the state literary fund. 

Const., Art. IX, s. 4; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. 

3998. Apportionment of income of school fund. The state 

board of education shall, on the first Monday in August of each and 
every year, apportion among the several counties of the state all 
the school funds which may be then in the treasury of the board, 
and order a warrant for the full apportionment to each county, 
which apportionment shall be made on the basis of the school popu- 
lation, but no part of the permanent school fund shall be appor- 
tioned or distributed, but only the income therefrom. The state 
auditor shall keep a separate and distinct account of the public 
school funds, and of the income and interest thereof, and also of 

06 



3998 EDUQATIQIsf— VIIL Funds from the State. Oh. ( J2 

such moneys as may be raised by state, county and capitation tax, 
or otherwise, for school purposes. 
1901, e. 4, s. 1. 

3999. Apportionment, how paid. Upon the receipt of the re- 
quisition of the treasurer of any county, duly approved by the chair- 
man and secretary of the county board of education for the school 
fund which may have been apportioned to such county, the state 
board of education shall issue its warrant on the state auditor for 
the sum due such county, whereupon the auditor shajl draw his 
warrant on the treasurer of the state board of education in favor 
of such county treasurer for the amount set forth in the warrant 
of the state board. 

1901 c. 4, s. 2. 

4000. Warrants, how drawn and indorsed. The state treasurer 

shall receive and hold as a special deposit all school funds paid into 
the treasury, and pay them out only on the warrant of the auditor, 
issued on the order of the state board of education in favor of a 
county treasurer, duly endorsed by the county treasurer in whose 
favor it is drawn, and it shall be the only valid voucher in the 
hands of the state treasurer for the disbursement of school funds. 
1901, e. 4, s. 3. 

4001. Annua! appropriation for distribution. One hundred 

thousand dollars is hereby appropriated, annually, out of the state 
treasury for the benefit of the public schools, to be distributed to 
the respective counties of the state, per capita as to school popula- 
tion, on the first Monday in January of each year, using the school 
census of the previous scholastic year as a basis of apportionment. 

1901, c. 543, s. 1. 

4002. Warrants, how drawn. The superintendent of public in- 
struction shall issue warrants upon the state auditor for the amount 
due each county under the next preceding- section, such warrants 
to be drawn in favor of the county treasurer of each county to be 
credited to the general public school fund of the county. 

1901, c. 543, s. 2. 

4003. Annual appropriation to equalize schools. One hundred 

thousand dollars, or so much thereof as may be necessary, is hereby 
appropriated annually out of the state treasury for the purpose of 
bringing up to the constitutional requirement for a four months' 
public school term in each school district in the state, those public 
schools whose terms, after the distribution and application of all 
other school funds, do not comply with such requirement, to be 
distributed and applied in the manner hereinafter set forth. The 

67 



4003 EDUCATION— VIII. Funds from the Mate. Cli. 92 

subsequent provisions of this subchapter shall apply only to the dis- 
tribution of the hundred thousand dollars appropriated under this 
section, and in the event that such sum shall be insufficient for the 
purpose specified, then it shall be apportioned by the state board 
of education pro rata, or in such manner as that board may deem 
fair and equitable among the counties applying for aid hereunder. 

1901, c. 543, s. 3; 1903, c. 751, s. 3. 

4004. Reports required to obtain part of fund to equalize 

Schools. At the January meeting of each year the county board of 
education of each county shall report to the state superintendent of 
public instruction the school districts in such county which can 
not have a four months' term, designating each by number and 
township, with a statement of funds available for school purposes 
for each of such districts, funds obtained by special local taxes and 
balances brought over from preceding fiscal year not to be included 
in such statement, the census and monthly running expenses thereof, 
the number of pupils enrolled, the average daily attendance, the 
salary paid to teachers in such district and such additional facts 
in regard thereto as may be required by the state superintendent. 
The county board of education shall likewise report the school cen- 
sus of the entire county, the total school funds available, the total 
apportionment made at such January meeting and the total amount 
left unapportioned. 

1903. c. 751, s. 4. 

4005. State board to fix amount to be paid each school. The 

state superintendent shall forthwith lay these facts before the state 
board of education, which shall thereupon, after full investigation, 
fix and determine the amount which must necessarily be apportioned 
to each district to enable it to have a four months' term ; but in fix- 
ing such amount no consideration shall be had of any funds availa- 
ble by reason of special local taxes, and any rural district having 
funds raised by such local tax shall be entitled to the same appro- 
priation under this title as if there had been no such funds. 

1903, c. 751, s. 5. 

4006. Statement of apportionment filed with auditor; war- 
rants issued. When such apportionment shall have been so made, 
an itemized statement thereof shall be filed with the auditor, who 
shall thereafter, upon the warrant of the state superintendent of 
public instruction, issue his warrant upon the state treasurer, paya- 
ble to the county treasurer of each of the respective counties in the 
sum shown by such itemized statement to have been appropriated to 
such county. The amount designated as having been apportioned 



68 



4006 EDUCATION— Till. Funds from, the State. Ch. 92 

to each district shall be available for that district only and only 
for the specific purpose of providing a four months' school term. 
1903, c. 751 ; s. 6. 

4007. Schools of less than sixty-five excluded, when. No 

school with a school census of less than sixty-five shall receive any 
benefit under this subchapter unless the formation and continuance of 
such district shall have been for good and sufficient reasons, to-wit, 
sparsity of population or peculiar geographical conditions, such as 
intervening streams, swamps or mountains, such reasons to be set 
forth in an affidavit by the chairman of the county board and the 
county superintendent, and to be approved by the state superintend- 
ent of public instruction. 
1903. c. 751, s. 7. 

4008. What necessary to procure fund for equalizing schools. 

No appropriation shall be made to any county unless the county 
superintendent, the chairman of the board of county commissioners 
and the clerk of the superior court shall make affidavit to the effect 
that all fines, penalties, forfeitures and other moneys properly be- 
longing to the school fund have been so applied, and that the consti- 
tutional limit of taxation has been reached in such county. 
1903, c. 751, s. 8. 

4009. Teachers' salaries as basis for apportionment. In cal- 
culating the necessary monthly expenses of districts applying for aid 
under this subchapter, not more than the average monthly salary paid 
white teachers in the state for the preceding year shall be allowed 
each white teacher, and not more than the average monthly salary 
paid colored teachers in the state for the preceding year shall be 
allowed each colored teacher, and no second-grade teacher of either 
race shall be allowed more than the salary paid second-grade teach- 
ers of that race in that county. And to any school having more than 
one teacher only such average salary shall be allowed for every thirty- 
five pupils enrolled therein. 

1903, c. 751, s. 9. 

4010. Excessive appropriations for school-houses exclude from 

benefits Of this Subchapter. No appropriation shall be made to any 
county wherein has been expended or set aside during the fiscal 
year for the purpose of building school-houses a percentage of the 
total school fund of such county greater than the following: In 
counties with a total school fund of five thousand dollars or less, not 
to exceed twenty per centum thereof; in counties with a total school 
fund of over five thousand dollars and not more than ten thousand 
dollars, not to exceed sixteen per centum thereof; in counties with 
a total school fund of over ten thousand dollars and not more than 

69 



4010 EDUCATION— Till. Funds from the State. Oh. 02 

twenty-five thousand dollars, not to exceed ten per centum thereof; 
in counties with a total school fund of over twenty-five thousand dol- 
lars, not to exceed seven and one-half per centum thereof. Nor 
shall any appropriation be made under this subchapter to any county 
if it appear that the requirements of the school law in regaid to the 
apportionment of funds to the various districts have not been com- 
plied with in all respects. 

1903, c. 751, s. 10. 

IX. FUXDS FROM THE COUNTY. 

4011. County educational fund for free public schools. All 

moneys, stocks, bonds and other property belonging to a county 
school fund, also the net proceeds from sales of estrays, also the 
clear proceeds of all penalties and forfeitures, and of all fines col- 
lected in the several counties for any breach of the penal or military 
laws of the state, and all moneys which shall be paid by persons as 
equivalent for exemption from military duties ; also the net pro- 
ceeds of any tax imposed on licenses to retailers of wines, cordials, 
or spirituous liquors and to auctioneers, shall belong to and remain 
in the several counties, and shall be faithfully appropriated for 
establishing and maintaining free public schools in the several coun- 
ties as established in pursuance of the constitution. The amount 
collected in each county shall be reported annually to the state super- 
intendent of public instruction. 
Const., Art. IX. s. 5; 1901, c. 4, s. 5. 

4012. County officers file list of fines and penalties with county 

board Of education. The clerks of all state and municipal courts 
and the clerks or other officials having in custody the records of 
any city or town in the state shall furnish to the county board of 
education of their respective counties, on the first Monday of July 
and January of each year, a detailed statement of fines, forfeit- 
ures and penalties which go to the school fund that have been im- 
posed, or which have accrued. 

1901, c. 4. s. 62. 

4013. Tax lists to have separate columns for school taxes. 

The auditor shall include on the form which he furnishes to the 
board of county commissioners and on which the tax lists are to 
be made out, separate columns for school poll tax and school prop- 
erty tax. In one of these columns shall be written the total poll 
tax levied by the state and by the county authorities for schools, 
and due by the taxpayer, in the other column shall be written the 
total property tax levied by the state and by the county authorities, 
and clue by the taxpayer. 

1901, c. 4, s. 60. 

' 70 



4014 EDUCATION— IX. Funds from the Count ij. Oh. 92 

4014. Register of deeds to furnish abstracts of tax lists to 

COUnty board. The register of deeds shall furnish to the county 
board of education, as soon as the tax lists are made out, an abstract 
of such lists, showing in separate columns the total amount of poll 
tax on such lists, and also the total amount of property tax thereon ; 
and shall furnish such other information from his office as the 
county board of education may require. 

1901, e. 4, s. 61. 

4015. Sheriff's liability, civil and criminal, for failure to settle 

School tax. The sheriff of each county shall pay annually, in money, 
to the treasurer of the county school fund, on or before the thirty- 
first day of December of each year, the whole amount for school 
purposes collected by both state and county, less his lawful commis- 
sion for collecting the same, and such sum as may be allowed on 
account of insolvents for the current year ; and on failing to do so 
shall be liable to an action on his official bond for his default in 
such sum as will cover such default, such action to be brought to 
the next ensuing term of the superior court in the name of the state 
upon the relation of the board of county commissioners. 
Code, s, 723; 1901, e. 4. s. 54. 

4016. Special tax for support of public schools. If the tax 

levied for the state for the support of the public schools shall be 
insufficient to maintain one or more schools in each school district 
for the period of four months, then the board of commissioners of 
each county shall levy annually a special tax to supply the defi- 
ciency for the support and maintenance of such schools for the 
period of four months or more. The tax shall be collected by the 
sheriff in money, and he shall be subject to the same liabilities for 
the collection of and accounting for such tax as for other taxes. The 
tax shall be levied on all property, credits and polls of the county; 
and in the assessment of the amount on each the commissioners 
shall observe the constitutional equation of taxation; and the funds 
thus raised shall be expended in the county in which collected, in 
such manner as the county board of education may determine for 
maintaining the public schools for- four months at least in each 
year. But the county board of education shall not be required to 
expend upon a district containing less than sixty-five pupils the 
same sum it may give to larger districts, notwithstanding an ine- 
quality of length of school terms may be the result. The county 
board of education, on or before the annual meeting of the commis- 
sioners for levying county taxes, shall make an estimate of the 
amount of money necessary to maintain the schools for four months 
and submit it to the board of county commissioners. 
1901, e. 4, s. (5. 

71 



4017 EDUCATION"— IX. Funds- fro^n the County. Ob. 93 

4017. Special tax may be voted in cities and towns. In every 

incorporated city or town in which there is not now levied a special 
tax for schools, npon a petition signed by one-fourth of the free- 
holders therein, the board of aldermen or town commissioners of 
such city or town shall, at the date of the municipal or general elec- 
tion next ensuing upon the presentation of such petition, order an 
election to be held to ascertain the will of the people whether there 
shall be levied in such city or town a special annual tax, of not 
more than thirty cents on the one hundred dollars valuation of prop- 
erty and ninety cents on the poll, to supplement the public school 
fund in such city or town. Such election shall be held in the differ- 
ent election precincts or wards under the law governing municipal 
or general elections in such cities or towns. At such election those 
who are in favor of the levy and collection of the tax shall vote a 
ticket on which shall be printed or written the words "For Special 
Tax," and those who are opposed shall vote a ticket on which shall 
be printed or written the words "Against Special Tax." In case a 
majority of the qualified voters at such election is in favor of the 
tax the same shall be annually levied and collected in such town or 
city in the manner prescribed for the levy and collection of other 
city or town taxes. All moneys levied nnder the provisions of this 
section shall, upon collection, be placed to the credit. of a city or 
town school committee, composed of not less than five nor more than 
seven members, to be appointed by the board of aldermen or town 
commissioners for such city or town, and shall be, by such commit- 
tee, expended exclusively upon the public schools in such city or 
town ; and there shall be but one school district in such city or town 
in which there may be established one or more schools for each 
race, and such school committee shall apportion the money among 
the schools in such manner as in its judgment will equalize school 
facilities. 

1901, c. 4, s. 71. 

4018. Special tax may be voted in special school districts. 

Special school tax districts may be formed by the county board of 
education in any county without regard to township lines under the 
following conditions : Upon a petition of one-fourth of the free- 
holders within the proposed special school district, endorsed by 
the county board of education, the board of county commissioners, 
after thirty days' notice at the courthouse door and three public 
places in the proposed district, shall hold an election to ascertain the 
will of the people within the proposed special school district whether 
there shall be levied in such district a special annual tax of not more 
than thirty cents on the one hundred dollars valuation of property 
and ninety cents on the poll to supplement the public school fund, 
which may be apportioned to such district by the county board of 



4018 EDUCATIOX— IX. Funds from the County. Ch. 93 

education, in case such special tax is voted. The board of county 
commissioners shall appoint a registrar and order a new registra- 
tion" for such district and the election shall be held in the district 
under the law governing general elections as near as may be. At 
such election those who are in favor of the levy and collection of 
the tax shall vote a ticket on which shall be printed or written the 
words, "For Special Tax," and those who are opposed shall vote a 
ticket on which shall be printed or written the words, "Against 
Special Tax." In case a majority of the qualified voters at the 
election is in favor of the tax, the same shall be annually levied and 
collected in the manner prescribed for the levy and collection of 
other taxes. All money levied under the provisions of this section 
shall upon collection be placed to the credit of the school committee 
in such district, which committee shall be appointed by the county 
board of education ; and such school committee shall apportion the 
money among the schools in such district in such manner as in its 
judgment shall equalize school facilities. 
1901, e. 4, s. 72: 1903, e. 435, s. 24. 

4019. Apportionment of school funds; reservation of contin- 
gent fund. The county board of education shall, on the first Mon- 
day in January and the first Monday in July of each year, appor- 
tion the school fund of the county to the various townships per 
capita ; but it shall, before apportioning the school fund to the vari- 
ous townships, reserve, as a contingent fund, an amount sufficient 
to .pay the salary of the county superintendent and per diem and 
expenses of the county board of education ; and shall set aside one- 
sixth, if necessary, of the total school fund to be used in securing 
a four months' school term in every school in the county ; and may 
further reserve, as a fund "for building and repairing school-houses 
and for equipment, in counties with a total school fund of five thou- 
sand dollars or less, not more than twenty per centum thereof; in 
counties with a total school fund of over five thousand dollars and 
not more than ten thousand dollars, not more than sixteen per cen- 
tum thereof; in counties with a total school fund of over ten thou- 
sand dollars and not more than twenty-five thousand dollars, not 
more than ten per centum thereof; in counties with a total school 
fund of over twenty-five thousand dollars, not more than seven and 
a half per centum thereof; to be used as directed in section four thou- 
sand twenty-seven. It shall be the duty of the county board of educa- 
tion to distribute and apportion the school money of each township 
so as to give to each school in the township for each race the same 
length of school term as nearly as may be each year. In making 
such apportionment the board shall have proper regard for the grade 
of work to be done and the qualifications of the teachers required 
in each school for each race. As soon as the apportionments are 

73 



4019 EDUCATION— IX. Funds from the Count i). Ch. 92 

made it shall be the duty of the board to notify the school commit- 
teemen and the treasurer of the county school fund, of the amount 
apportioned to each school, designating each school by number, and 
stating whether for white, colored or indian, and naming the town- 
ship and county. Funds unused by any district during any year 
shall, if still unused at the January meeting subsequent to the close 
of the school year, be returned to the general school fund for reap- 
portionment, unless such district shall have been prevented from 
using such funds during that year by providential or other unavoida- 
ble causes. 

1001, c. 4, s. 24; 1903, c. 435, s. 0. 

4020. Apportionment, basis Of. The semi-annual apportion- 
ment of public school money shall be based upon the amounts actu- 
ally received by the county treasurer from all sources and reported 
by him to the county board of education as required by this chapter. 

1901, c. 4, s. 25. 

4021. Fiscal SChOOl year. The fiscal school year shall begin on 
the first day of July and close on the thirtieth day of June next suc- 
ceeding. 

1901, c. 4, s. 67. 

X. County Board or Education. 

4022. Election Of; vacancies in, how filled. The general assem- 
bly shall biennially appoint three men in each county, of good busi- 
ness qualifications and known to be in favor of public education, 
who shall constitute the county board of education. The term of 
office of the members of the county board of education so appointed 
shall begin on the first Monday in July next succeeding their ap- 
pointment, and shall continue for two years and until their succes- 
sors are duly appointed and qualified. In case of a vacancy in the' 
county board of education by death, resignation or otherwise, such 
vacancy shall be filled by the remaining members of such county 
board; but if such vacancy should remain unfilled for thirty days 
after it occurs, it shall be filled by the state board of education. 
Upon failure of the general assembly to appoint the three mem- 
bers of the county board of education for any county as herein pro- 
vided, or any one or more of such members, such failure shall con- 
stitute a vacancy which shall be filled by the state board of educa- 
tion. 

1901, c. 4, s. 12; 1903, c. 269, e. 435. s. 3. 

4023. Qualification of members; failure to qualify; vacancy. 

Those persons who shall be appointed members of tht county board 
of education by the general assembly must qualify by taking the oath 

74' 



4023 EDUCATION— X. County Board. Oh. 92 

of office on or before the first Monday in July next succeeding their 
appointment. A failure to qualify within that time shall constitute a 
vacancy, which shall be filled by the state board of education. Those 
persons who shall be elected or appointed to fill a vacancy must 
qualify within thirty days after notification thereof. A failure to 
qualify within that time shall constitute a vacancy to be filled by 
the board which made such election or appointment. 

4024. Incorporated; powers and duties of. The county board 

of education shall be a body corporate by the name and style of 

The County Board of Education of County, and by that 

name shall be capable of purchasing and holding real and personal 
estate, of building and repairing school-houses, of selling and trans- 
ferring the same for school purposes, and of prosecuting and de- 
fending suits for or against the corporation. It shall have power 
and authority and it shall be its duty, to institute and prosecute 
any and all actions, suits or proceedings against any and all offi- 
cers, persons or corporations, or their sureties for the recovering, 
preservation and application of all moneys or property which may 
be due to or should be applied to the support and maintenance of 
the schools, except in case of a breach of his bond by the treasurer 
of the county school fund, in which case action shall be brought by 
the county commissioners as is hereinafter provided. 

1901, c. 4, s. 13; 1903, c. 435, a. 4. 

4025. Rules and regulations for schools, teachers and pupils. 

The county board of education shall have power and authority to 
fix and determine the methods of conducting the public schools in 
their respective comities so as to furnish the most advantageous 
methods of education available to the children attending the pub- 
lic schools in the several counties of the state ; and such board 
and the county superintendent of public instruction shall have full 
power to make all just and needful rules and regulations govern- 
ing the conduct of teachers and pupils as to attendance on the 
schools, discipline, tardiness and the general government- of the 
schools. 

1903, c. 435. s. 4. 

4026. Time of opening and closing schools. The time of open- 
ing and closing the public schools in the several public school dis- 
tricts of the state shall be fixed and determined by the county boards 
of education in their respective counties. The board may fix dif- 
ferent dates for opening the schools in different townships, but 
all the schools of each township must open on the same date as 
nearly as practicable. 

1903, c. 435, s. 4. 



4027 EDUCATION— X. County Board. Ch. 92 

4027. School-houses, building and approval of; contracts for. 

The building of all new school-bouses shall be under the control and 
direction of and by contract with the county board of education. 
The board shall pay not exceeding one-half of the cost of the same 
out of the fund set aside for building under section four thousand 
and nineteen, and the school district in which any school -house is 
erected shall pay the other part, and upon failure of such district 
to provide its part by private subscription or otherwise the board is 
directed to take it out of the apportionment to that district. But the 
board shall not be authorized to invest any money in any new house 
that is not built in accordance with plans approved by the state super- 
intendent of public instruction. All contracts for buildings shall be 
in writing and all buildings shall be inspected, received and approved 
by the county superintendent of public instruction before full pay- 
ment is made therefor. 

1903, c. 435, s. 4. 

4028. Power Of, to execute SChOOl law. In addition to all other 
duties and powers imposed and conferred upon it by law, the 
county board of education shall have general control and supervis- 
ion of all matters pertaining to the public schools in their respect- 
ive counties and are given the powers to execute, and is charged 
with the due execution of, the school laws in their respective coun- 
ties ; and all powers and duties conferred and imposed by this chap- 
ter and other laws of the state respecting public schools, which are 
not expressly conferred and imposed upon some other official, are 
conferred and imposed upon the county boards of education; and 
an appeal shall lie from all other county school officers to such 
board. 

1901, c. 4, s. 14. 

4029. Removal of county superintendent, members of county 

board, and SChOOl Committeemen. In case the state superintendent 
shall have sufficient evidence at any time that any county superin- 
tendent of public instruction or any member of the county board of 
education is not capable of discharging, or is not discharging, the 
duties of his office as required by this chapter, or is guilty of 
immoral or disreputable conduct, he shall report the matter to the 
county board of education, which shall hear evidence in the case, 
and if, after careful investigation, it shall find sufficient cause for 
his removal, it shall declare the office vacant at once and proceed to 
elect his successor. Either party may appeal from the decision 
of the county board of education to the state board of education, 
which shall have full power to investigate and review the decision 
of the county board of education. This section shall not deprive 
any county superintendent of the right to try his title to his office 

70 



4029 'EDUCATION— X. County Board. Ch. 92 

in the courts of the state. In case the county superintendent shall 
have sufficient evidence at any time that any member of any school 
committee is not capable of discharging, or is not discharging, the 
duties of his office, he shall bring the matter to the attention of the 
county board of education, which shall thoroughly investigate the 
charges and shall remove such committeeman and appoint a suc- 
cessor if sufficient evidence shall be produced to warrant his remo- 
val and the best interest of the schools demand it. 

1901, c. 4, ss. 10, 42. 

4030. May hold investigations. The county board of education 
shall have power to investigate and pass upon the moral character 
of any teacher in the public schools of the county, and to dismiss 
such teacher, if found of bad moral character; also to investigate 
and pass upon the moral character of any applicant for a teacher's 
certificate or for employment as teacher in any public school in the 
county. Such investigation shall be made after written notice, of 
not less than ten days, to the person whose character is to be inves- 
tigated. The board shall have power to issue subpoenas for the 
attendance of witnesses. Subpoenas may be issued in any and all 
matters which may lawfully come within the powers of the board, 
and which, in the discretion of the board, require investigation. 
And it shall be the duty of the sheriffs, coroners and constables to 
serve such subpoenas upon payment of their lawful fees. Appeals 
provided for in this chapter shall be regulated by rules to be 
adopted by the board. The superior courts of the state may review 
any action of the county board of education affecting anyone's 
character or right to teach. 

1901, c. 4, s. 15. 

4031. Power to punish for Contempt. The county board of ed- 
ucation of each county shall have power to punish for contempt, for 
any disorderly conduct or disturbance tending to interrupt it in 
the transaction of official business. 

1901, c. 4, s. 28. 

4032. School districts, how formed. The county board of edu- 
cation shall divide the townships into convenient school districts as 
compact in form as practicable. It shall consult the convenience 
and necessities of each race in setting the boundaries of the school 
district for each race, and shall establish no new school in any 
township within less than three miles by the nearest traveled route 
of some school already established in said township ; nor shall it 
create any school district with less than sixty-five children of school 
age, unless prevented by geographical reasons or sparsely settled 
neighborhoods. Nothing in this chapter shall prevent the board, 

77 



4032 EDUCATION— A". County Board. Ch. 92 

whenever it shall deeni it necessary for the good of the public schools, 
from forming a school district out of portions of two or more con- 
tiguous townships. School districts may be formed out of portions 
of contiguous counties by agreement and consent of the county 
boards of education of the two counties ; and, in case of the forma- 
tion of such districts, the per capita part of the public school money 
due the children residing in one county shall be apportioned by 
the county board of education of that county and paid to the treas- 
urer of the other county in which the school-house is located, to be 
placed to the credit of the school district so formed. 

1901, e. 4, s. 29; 1903, c. 435, s. 12. 

4033. May accept donations; may sell school property. The 

county board of education may receive any gift, grant, donation or 
devise made for the use of any school within its jurisdiction. When, 
in the opinion of the board, any school-house, school-house site, or 
other public school property has become unnecessary for public pur- 
poses, it may sell the same at public auction after advertisement 
of twenty days at three public places in the county, or at private 
sale. The deed for the property thus sold shall be executed by the 
chairman and secretary of the board, and the proceeds of the sale 
shall be paid to the treasurer of the county school fund. 
1901, c. 4, ss. 30, 36. 

4034. School sites may be acquired by gift, purchase or con- 
demnation. The county board of education may receive suitable 
sites for school-houses by donation or purchase. In case of purchase 
it shall issue an order on its treasurer for the purchase-money, and 
upon payment of the order the title to the site shall vest in the cor- 
poration in fee-simple. Whenever the board is unable to obtain 
a suitable site for a school by gift or purchase, it shall report to 
the county superintendent of public instruction, who shall, upon 
five days' notice to the owner of the land, apply to the clerk of the 
superior court of the county in which the land is situated, for the 
appointment of three appraisers, who shall lay off, by metes and 
bounds, not more than two acres, and assess the value thereof. They 
shall make a written report of their proceedings, to be signed by 
them, or by a majority of them, to the clerk within five da.ys from 
their appointment, who shall enter the same upon the records of 
the court. The appraisers and officers shall serve without compensa- 
tion. If the report is confirmed by the clerk, the chairman and the 
secretary of the board shall issue an order on the treasurer of the 
county school fund in favor of the owner of the land thus laid off, 
and upon the payment or offer of payment of this order the title 
to such land shall vest in fee-simple in the corporation. Improved 
land shall not be condemned under this section unless it be essential 



4034 EDUCATION— X. County Board. Ch. 92 

to secure a proper location. Any person aggrieved by the action 
of the appraisers may appeal to the superior court in term, upon 
giving bond to secure the board against such costs as may be incurred" 
on account of the appeal not being prosecuted with effect. 
1901, e. 4, s. 31; 1903, c. 435, s. 13. 

4035. Deeds to be filed with clerk; secretary to keep index. All 

deeds to the county board of education shall be registered and deliv- 
ered to the clerk of the superior court for safe-keeping, and the sec- 
retary of the county board of education shall keep an index, by 
townships and school districts, of all such deeds in a book for that 
purpose. 

1901, c. 4, s, 32; 1903, e. 435, s! 14. 

4036. Meetings Of; duties at. The county board of education 
shall meet on the first Monday in January, April, July and Octo- 
ber, and may, if necessary, continue in session two days, and it 
may have called meetings, of one day each, as often as once a month 
if the school business of the county require it. It shall at the meet- 
ing in January, April, July and October, examine the books and 
vouchers, and audit the accounts of treasurer of the county school 
fund. The boards of education of the several counties shall publish 
annually, on the thirty-first day of December, a financial statement 
in like manner as now required by law of boards of countv commis- 
sioners. 

1891, e. 460; 1901, e. 4, s. 27; 1903, c. 435, s. 20. 

4037. Superintendent and treasurer to meet with, in July to 

Settle all business Of fiscal year. On the first Monday in July, 
the county board of education, coimty superintendent of public 
instruction and treasurer shall meet at the office of the board and 
settle all the business of the preceding fiscal year. The board shall 
on that day examine the reports of treasurer and county superin- 
tendent, and, if found correct, shall direct them to be forwarded to 
the state superintendent. 

1901. c. 4, s. 59; 1903, c. 435, s. 20. 

XL County Superintendent. 

4038. Election, qualification and term of office; vacancy. The 

county board of education on the first Monday in July, one thou- 
sand nine hundred and five and biennially thereafter, shall elect a 
county superintendent of public instruction, who shall be, at the 
time of his election, a practical teacher, or who shall have had at 
least two years' experience in teaching school, and who also shall 
be a man of liberal education and shall otherwise be qualified to 

79 



4038 EDUCATION— XI. County Superintendent. Ch. 92 

discharge the duties of his office as required by law, due regard 
being given to experience in teaching. Such superintendent must 
be of good moral character and shall hold his office for a term of 
two years from the date of his election and until his successor is 
elected and qualified. Any person who has filled the office of county 
superintendent for four years next preceding the eleventh day of 
March, one thousand nine hundred and one, shall be eligible to 
such office in Bertie and Bladen and Columbus counties, if the 
election of such person meets the approval of the state board of 
education. In case of vacancy by death, resignation, or otherwise, 
in the office of county superintendent such vacancy shall be filled by 
the county board of education. 

1901, c. 4, s. 16; 1903, c. 435. s. 5. 

4039. Report of election of, to state superintendent. Immedi- 
ately after the election of the county superintendent of public 
instruction the chairman of the county board of education shall 
report to the state superintendent of public instruction the name, 
address, experience and qualifications of the person elected ; and 
the person elected shall report to the state superintendent as soon 
as he shall have qualified, the date of such qualification. 

1901, c. 4, s. 16; 1903, e. 435, s. 5. 

4040. Districts in cities and towns may jointly employ. By and 

with the consent of the county board of education the school com- 
mittees of two or more contiguous districts in any city or town 
may, by a majority vote of the committee in each district, employ 
a practical . teacher, who shall be known as the superintendent of 
the public schools of such districts, and he shall perform all the 
duties of the county superintendent of public instruction as to such 
districts, and shall make to the county superintendent all reports 
that may be necessary to enable him to make his reports to the state 
superintendent. 

1889, e. 199, s. 47 ; 1901, c. 4. s. 74. 

4041. Not to teach school; to reside in the county. Every 

county superintendent shall reside in the county of which he is 
superintendent. It shall not be lawful for any county superintend- 
ent to teach a school while the public schools of his county are in 
session ; but the state board of education may, for good and suffi- 
cient reason, permit a county superintendent to so teach. 
1901, c. 4, s. 44. 

4042. Ex officio secretary to the board; records to be kept. 

The county superintendent of public instruction shall be ex officio 
the secretary of the county board of education. He shall record all 

80 



4042 EDUCATION— XL County Superintendent. Oh. 92 

proceedings of the board, issue all notices and orders that may be 
made by the board pertaining to the public schools, school-houses, 
sites, or districts (which notices or orders it shall be the duty of 
the secretary to serve by mail or by personal delivery without cost), 
and record all school statistics, look after all forfeitures, fines and 
penalties, see that the same are placed to the credit of the school 
fund and report the same to the board. The board shall provide the 
county superintendent with an office at the county seat and with a 
suitable book in which to keep the records required by this sec- 
tion. The records of the board and the county superintendent shall 
be kept in the office provided for that purpose by the board. 
1901, c. 4, s. 36. 

4043. To hold teachers' meetings. The county superintendent 
shall each year hold not less than one teachers' meeting in each town- 
ship, which the teachers shall be required to attend. If necessary, 
one school day must be set apart for this purpose. 

1901, c. 4, s. 38; 1903, e. 435, s. 17. 

4044. Must advise and may dismiss teachers; must attend 
state association of superintendents. It shall be the duty of the 

county superintendent to advise with the teachers as to the best 
methods of instruction and school government, and to that end he 
shall keep himself thoroughly informed as to the progress of edu- 
cation in other counties, cities and states. He shall have authority 
to correct abuses, and to this end he may, with the concurrence of 
a majority of the school committee, suspend any teacher who may 
be guilty of any immoral or disreputable conduct, or may prove 
himself incompetent to discharge efficiently the duties of a public 
school teacher, or who may be persistently neglectful of such duties. 
The county superintendent shall be required to visit the public 
schools of his county while in session under the direction of the 
coimty board of education, and shall inform himself of the condi- 
tion and needs of the various schools within his jurisdiction. Un- 
less providentially hindered he shall attend continuously during its 
session the annual meeting of the state association of county super- 
intendents, and the county board of his county shall pay out of 
the county school fund his traveling expenses and allow him his 
per diem while attending such meeting; but county superintendents 
employed on salary shall not receive any per diem while in attend- 
ance on such meeting. 

1901, c. 4, s. 39; 1903, c. 435, s. 18. 

4045. Must distribute blanks and books, and advise commit- 
tees. It shall be the duty of the county superintendent to distribute 
to the various school committees of his county all such blanks as 

R. S. Vol. II— 6 81 



4045 EDUCATION"— XL County Superintendent. Ch. 92 

may be furnished by the- state superintendent of public instruction 
• for reports of school statistics of the several districts ; also, blanks 
for teachers' reports and for orders on the treasurer of the county 
school fund for teachers' salaries. He shall also distribute to the 
school committees school registers for their respective districts and 
necessary record books ; he shall advise with the committee as to 
the best methods of gathering the school statistics contemplated by 
such blanks, and, by all proper means, shall seek to have such statis- 
tics fully and properly reported. 

1901, e. 4, s. 40. 

4046. Must make reports to state superintendent. It shall be 

the duty of each county superintendent on or before the first Mon- 
day in July of each year, to report to the state superintendent of 
public instruction an abstract statement of the number, grade, race 
and sex of the teachers examined and approved by him during the 
year; also, the number of public schools taught in. the county dur- 
ing the year for each race ; the number of children of school age in 
each school district; the number enrolled in each district; the aver- 
age daily attendance in each district by race and sex and the number 
of all persons in the county between the ages of twelve and twenty- 
one who can not read and write. He shall also report by race and 
sex the number of pupils enrolled in all the schools, their average 
attendance, the average length of terms of the schools, and the aver- 
age salary for the teachers of each race ; the number of school dis- 
tricts for each race, and any new school districts laid out during the 
year shall be specified in his report. He shall also report the number 
of public school-houses and the value of the public school property 
for each race; the number of teachers' institutes held; the number 
of teachers attending such institutes, together with such suggestions 
as may occur to him promotive of the school interest of the county. 
He shall record in his book an accurate copy of such report. If any 
county superintendent fail or refuse to perform any of the duties 
required of him by this chapter he shall be subject to removal from 
his office by the county board of education upon the complaint of 
the state superintendent of public instruction. 
1901, c. 4, s. 41. 

4047. To report as to deaf, dumb and blind children. It shall 

be the duty of the county superintendent to require of the school 
committees, in enumerating the number of school children, to make 
a statement in the report of the number of deaf, dumb and blind 
between the ages of six and twenty -one years, designating the race 
and sex, and the address of the parent or guardian of such children ; 
and the county superintendents are hereby required to furnish such 
information to the principals of the deaf, dumb and blind institu- 

82 



4047 EDUCATION— XL County Superintendent. Oh. 92 

tions, and the superintendent of public instruction, in preparing 
blanks for reports required to be made to him, shall include ques- 
tions, the answers to which will furnish the information required by 
this section. 
1901, c. 4, s. 4.3. 

XII. School Committee. 

4048. Qualifications and election of; care taken of school- 
houses. The county board of education of each county shall on 
the first Monday in July, one thousand nine hundred and five, and 
biennially thereafter, appoint in each of the townships of the county 
three intelligent men of good business qualifications, who are known 
to be in favor of public education, who shall serve for two years 
from the date of their appointment as school committeemen in 
their respective townships and until their successors are elected and 
qualified. If a vacancy shall occur at any time by death, resignation 
or otherwise it shall be the duty of the county board of education to 
fill such vacancy. Such board shall have the power to pay out of 
the reserve school fund to each member of the township committee 
thus appointed one dollar per day for not more than four days per 
annum. Any township committee may appoint one man in each 
school district in the township to look after the school-house and 
property and advise with the committee. The county board of edu- 
cation in each county may, if it deem best, biennially, on the first 
Monday in July, instead of electing township committeemen, elect 
for each school of the several townships three school committeemen 
of intelligence and good business qualifications, who are known to 
be in favor of public education, who shall serve for two years from 
date of their appointment as committeemen and until their suc- 
cessors are elected and qualified. If a vacancy should occur at any 
time by death, resignation, or otherwise, it shall be the duty of the 
county board of education to fill such vacancy. And in case such 
school committeemen shall be elected as above all the powers and 
duties conferred under this chapter on the township committeemen 
shall vest in such committeemen of the several schools of the town- 
ship, who shall serve without compensation. 

1901, c. 4, s. 17; 1903, c. 435, s. 0. 

4049. To elect chairman and secretary; appeals from. The 

school committee, as soon as practicable after their election and 
qualification, not to exceed twenty days, shall meet and elect from 
their number a chairman and secretary, and shall keep a record of 
their proceedings in a book to be kept for that purpose. The name 
and address of the chairman and secretary shall be reported to the 
county superintendent of public instruction and recorded by him. 
1901, c. 4, s. 18. 

83 



4050 EDUCATION— XII. School Committee. Oh. 92 

4050. Powers and duties as to school property. The school 

committee shall be intrusted with the care and custody of all school- 
houses, school-house sites, grounds, books, apparatus, or other pub- 
lic school property in the township, with full power to control the 
same as they may deem best for the interest of the public schools 
and the cause of education. 

1901, c. 4, s. 19. 

4051. Census to be taken; reports; deaf, dumb, blind and illit- 
erates to be reported. The school committee is required to furnish 
to the county superintendent a census report of all the pupils of 
school age in their township or district by name, age, sex and race, 
also the names of their parents or guardians. The blanks upon which 
such reports are to be made shall be furnished to the various school 
committees by the county superintendent on the first Monday in 
August in each year, which report shall be duly sworn to by each one 
of the committee and returned to the county superintendent on or 
before the first Monday in September of each year, and any commit- 
tee failing to comply with the provisions of this section without just 
cause shall be subject to removal. The school committee shall be al- 
lowed a sum not exceeding two cents per name for all names reported 
between the - ages of six and twenty-one. The committee shall also re- 
port to the county superintendent, who shall in turn report to the 
county board of education, the number of public school-houses and 
the A'alue of all public school property for each race separately and 
furnish to the teacher at the opening of the school a complete copy of 
the census furnished to the county superintendent, which shall be 
recorded by the teacher in a register containing the name and age of 
each pupil of school age in that district. They shall also report by 
race and sex the number of all persons between the ages -of twelve and 
twenty-one who can not read and write ; and the number of deaf, 
dumb and blind between the ages of six and twenty-one years, desig- 
nating the race and sex, and the address of the parents or guardians 
of such children. 

1901, c. 4, ss. 20, 43; 1901, c. 3, s. 1 ; 1903, c. 435, s. 7. 

4052. To keep a record of receipts and expenditures; purchase 

Supplies. The school committee for each township or district shall 
keep a book in which shall be recorded an itemized statement of all 
moneys apportioned to, received and expended by them for each 
school and a copy of all contracts made by them with teachers. The 
committee shall have authority to purchase the supplies necessary 
for conducting the schools and for repairs to an amount not to ex- 
ceed in the aggregate the sum of twenty-five dollars in any one year 
for each school. 
1901, c. 4, ss. 21, 35. 

84 



4053 EDUCATION— XII. School Committee. Ch. 92 

4053. Must not Overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. / 

1901, e. 4, s. 34; 1903, c. 435, s. 16. 

4054. Private schools, committee may contract with; effect. 

In any school district where there may be a private school regularly 
conducted for at least six months in the year, unless such private 
school is a sectarian or denominational school, the school committee 
may contract with the teacher of such private school to give instruc- 
tion to all pupils between the ages of six and twenty-one years in 
the branches of learning taught in the public schools, as prescribed 
in this chapter, without charge and free of tuition ; and such school 
committee may pay such teacher for such service out of the public 
school fund apportioned to the district, and the agreement as to such 
pay shall be arranged between the committee and teacher. Every 
teacher of the public school branches in such school shall obtain a 
first-grade certificate before beginning his or her work, and shall 
from time to time make such reports as are required of other teach- 
ers under this chapter. The county superintendents of public in- 
struction shall have the same authority in respect to the employ- 
ment and dismissal of teachers under this section, and in every other 
respect, as is conferred in other sections of this chapter. And all 
contracts made under this section shall designate the minimum length 
of the public school term, which shall not be less than the average 
length of the public school term of the county of the preceding year. 
The amount paid such private school for each pupil in the public 
school branches, based on the average daily attendance, shall not ex- 
ceed the regular tuition rates in such school for such branches of 
study. Every school to which aid shall be given under this chapter 
shall be a public school to which all children living within the district 
between the ages of six and twenty-one years shall be admitted free 
of charge for tuition. The committee may admit pay students over 
twenty-one years of age. 

1901, c. 4, ss. 33, 65; 1903. c. 435, s. 15. 

XIII. Tkeastjkek of School Fund. 

4055. County treasurer made treasurer of school fund; bond. 

The county treasurer of each county shall receive and disburse all 
public school funds, and shall keep the same separate and distinct 
from all other funds, but before entering upon the duties of his office 
he shall execute a justified bond, with security, in an amount to be 
fixed by the board of county commissioners, not less than the moneys 

85 



4055 EDUCATION— XIII. Treasurer School Fund. Ch. 92 

received by him or by liis predecessor during the previous year, con- 
ditioned for the faithful performance of his duties as treasurer of the 
county school fund, and for the payment over to his successor in office 
of any balance of school moneys that may be in his hands unex- 
pended. The bond of the treasurer of the county school fund shall 
be a separate bond, not including liabilities for other funds, and shall 
be approved by the board of county commissioners, and that board 
may, from time to time, if necessary, require him to strengthen his 
bond. 

1901, c. 4, ss. 46, 47. 

4056. Bond, actions On. The board of county commissioners 
shall bring action, in the name of the state upon the relation of such 
board, for any breach of the bond of the treasurer of the county 
school fund, and on its failure to bring such action it may be brought 
in the name of the state on the relation of any taxpayer. 

1901, c. 4, s. 47. 

4057. To keep detailed account of receipts; to accept money 

only. The treasurer of the county school fund shall keep a book 
in which shall be entered a full and detailed account of all public 
school moneys received by him, the name of each person paying him 
school money, the source from which the same may have been 
derived, and the date of such payment. In his settlement with the 
sheriff or other collecting officer of public school funds the treasurer 
shall receive money only. 
1901, c. 4, s. 52. 

4058. To pay only such orders as allowed herein. Every order 

for the payment of a teacher's salary, for building, repairs, school 
furnishings, or for the payment of money for any purpose what- 
soever, before it shall be a valid voucher for the county treasurer, 
shall be signed first by at least two members of the school commit- 
tee, then by the county superintendent. No order shall be signed 
by the county superintendent for more money than is to the credit 
of that district for the fiscal year, nor shall he endorse the order 
of any teacher who does not produce a certificate as required by 
law. The treasurer shall not pay any school money for building 
or repairing any school-house unless the site on which it is located 
has been donated to or purchased by the county board of education 
and the deed for the same regularly executed and delivered to such 
board and probated and registered in the office of the register of 
deeds for the county and delivered to the clerk of the superior court, 
to be by him safely deposited with his valuable official papers, and 
surrendered to his successor in office. 

1901. c. 4. s. 48. 

86 



4059 EDUCATION— XIII. Treasurer School Fund. Oh. 92 

4059. To be at his office on last Saturday in month. The treas- 
urer of the county school fund shall, on the last Saturday of each 
month, attend at his office for the purpose of paying school orders; 
but this shall not prevent the payment of orders at other times. 

1901, c. 4, s. 58. 

4060. To keep an account with each township and district; 

annual report Of balances. It shall he the duty of the treasurer of 
the county school fund to keep a book in which he shall open an 
account with each township in the county, showing the amount ap- 
portioned to such township by the county board of education. He 
shall also open an account with each school district showing the 
amount apportioned to such district. He shall record all payments 
of school money, giving the date, the amount, the person to whom 
paid, and for what purpose paid. He shall balance the account of 
each township and district annually, on the thirtieth of June, and 
shall report by letter or printed circular, within ten days thereafter, 
such balances to the county board of education and to the school 
committee. 

1901. c. 4. s. 49. 

4061. To report annually to state superintendent and to 

COUnty board. The treasurer of the county school fund shall report 
to the state superintendent of public instruction on the first Monday 
of August of each year the entire amount of money received and 
disbursed by him during the preceding school year, designating by 
items the amounts received respectively from property tax, poll 
tax, liquor licenses, fines, forfeitures and penalties, auctioneers, 
estrays, from state treasurer and from other sources. He shall also 
designate by item the sum paid to teachers of each race respectively, 
for school-honses, school sites in the several districts, and for all 
other purposes specifically, and in detail, by item, and on the same 
date he shall file a duplicate of such report in the office of the county 
board of education. He shall make such other reports as the county 
board of education of the county may require from time to time. 
Whenever the sheriff or other collecting officer pays over money to 
the treasurer of the school fund he shall designate the items as indi- 
cated in this section, and these items shall be stated in the receipts 
given by the treasurer. 

1901, c. 4. ss. 51, 56. 

4062. Duties on expiration of his term. Each treasurer of the 

county school fund in going out of office, shall deposit in the office 
of the board of education of his county his books in which are kept 
his school accounts, and all records and blanks pertaining to his 
office If the term of office of any treasurer shall expire on the 






4062 EDUCATION— XIII. Treasurer School Fund. Ch. 92 

thirtieth day of November during any fiscal school year, or if for 
any reason he shall hold office beyond the thirtieth day of Novem- 
ber, and not for the whole of the current fiscal school year, he shall, 
at the time he goes out of office, file with the county board of educa- 
tion and with his successor a report, itemized, as required by the next 
preceding section, covering the receipts and disbursements for that 
part of the fiscal school year from the thirtieth of June preceding 
to the time at which he turns over the office to his successor, and his 
successor shall include in his report to the state superintendent the 
receipts and disbursements for the current fiscal year. 
1901, c. 4, ss. 57, 58. 

4063. To exhibit books, vouchers and money to county board. 

The treasurer of the county school fund shall, when required by the 
county board of education, produce his books and vouchers for ex- 
amination, and shall also exhibit all moneys due the public school 
fund of the county at each settlement required by this chapter. 

1901. c. 4, s. 50. 

XIV.. Teacheks. 

4064. School committee to employ and dismiss teachers; no- 
tice; Contracts. The school committee shall have authority to em- 
ploy and dismiss teachers. The committee shall meet at convenient 
times and places for the employment of teachers for the public schools, 
and no teacher shall be employed by any committee except at a regu- 
larly called meeting of such committee, due notice of such meeting 
having been given at three public places by the committee. The county 
superintendent shall be notified at once by the secretary of the com- 
mittee of the name of the teacher elected, and a copy of the con- 
tract, duly signed and recorded, shall be filed with the county super- 
intendent; and no voucher for the salary of a teacher of any school 
shall be signed by any county superintendent unless a copy of such 
teacher's contract has been filed with him as herein provided, and 
unless he shall have received satisfactory evidence that such teacher 
has been elected in strict accordance with this section. ISTo contract 
for teachers' salaries shall be made during any year to extend beyond 
the term of office of the committee, nor for more money than accrues 
to the credit of the district for the fiscal year during which the con- 
tract is made. 

1901, c. 4, ss. 20, 22, 34; 1901. c. 3. s. 1 : 1903, c. 435, ss. 7. 16. 

4065. Examined by county superintendents; proficiency; grada- 
tion. The county superintendent of each county shall examine all 
applicants, of good moral character, for a teacher's certificate at the 
courthouse in the county on the second Thursday of July and Oc- 
tober of each year, and continue the examination from day to day 

88 



4065 EDUCATION"— XIV. Teachers. Ch. 92 



during the remainder of the week, if necessary, till all applicants are 
examined, and for the examination of teachers at any time than 
above named, he shall require of each applicant a fee of one dollar, 
in advance, and all fees for private examination shall be paid by the 
county superintendent to the treasurer of the county school fund to 
go to the general school fund of the county. The place for holding 
the examination of teachers shall be at the county seat, but other 
places in the county may be designated by the county superintendent 
when in his discretion it may be for the convenience of the teachers 
of his county. A general average of ninety per centum and over shall 
entitle an applicant to a first-grade certificate ; a general average 
of eighty per centum and over shall entitle the applicant to a second- 
grade certificate ; and a general average of seventy shall entitle an 
applicant to a third-grade certificate. The certificates shall be valid 
only in the county in which they are issued and for one year from 
date, except that first-grade certificates shall be valid for two years. 
The county superintendent shall hold his examinations publicly, 
and may invite competent persons to assist him in such examination. 
He shall keep a copy of all examination questions, both public and 
private, and forward copies to the state superintendent upon request. 
iSTo superintendent shall renew any second-grade certificate except 
upon re-examination. 

1901, c. 4. s. 37. 



& 



4066. Age, qualifications, certificates, grades and pay of; 

School month defined. No person shall be employed as a teacher 
who does not produce a certificate from the county superintendent, 
dated within the time prescribed by law and continuing to the end 
of the term. No certificate to teach shall be issued to any person 
under eighteen years of age. Teachers of second grade shall receive 
not more than twenty-five dollars per month out of the public fund, 
and teachers of the first grade may receive such compensation as 
shall be agreed upon. Teachers of the third grade shall receive not 
more than twenty dollars per month, but no third-grade certificate 
shall be renewed and no holder of a third-grade certificate shall 
be employed except as an assistant teacher. ISTo teacher shall re- 
ceive any compensation for a shorter term than one month unless 
providentially hindered from completing the term. Twenty school 
days of not less than six hours nor more than seven hours each day 
shall be a month. The school term shall be continuous as far as 
practicable. All laws and clauses of laws granting to, or conferring 
upon, the graduates or ex-students or students of any institution 
of learning, private or public, within this state or elsewhere, immu- 
nity, exemption, or freedom from the operation of laws of this state 
requiring persons who desire to teach in free public schools of the 

89 



4006 EDUCATION— XIV. Teachers. Oh. 92 

state to submit to and pass regular examinations before the county 
superintendents before being duly qualified to serve as such teach- 
ers, are hereby repealed. The county board of education shall fix, 
within the limits above prescribed, the maximum salary to be 
paid to teachers in each school in the county. 

1901, c. 4, ss. 22. 24, 27, 34; 1901. c. 3, S. 2; 1901, c. .535; 1903, e. 435, s's. 9. 16. 

4067. Salary, how paid; closing schools for nonattendance of 

pupils. At the end of every term of a public school, the teacher or 
principal of the school shall exhibit to the school committee a state- 
ment of the number of pupils, male and female, the average daily 
attendance, the length of term and the time taught. If the commit- 
tee is satisfied that the provisions of this chapter have been complied 
with, they shall give an order on the treasurer of the comity school 
fund, payable to such teacher, for the full amount due for services 
rendered ; but monthly, and, if required by the county superintend- 
ent, weekly statements and reports shall be made by the teacher to 
the committee, and to the county superintendent; orders on the 
treasurer shall be valid when signed by two members of the com- 
mittee and countersigned by the county superintendent. When a 
monthly or weekly report of any school where the district does not 
contain over one hundred and fifty children shows an average daily 
attendance of less than one-fifth of the school census, the committee 
or county superintendent shall at once order the school to be closed 
and the money due such school shall remain to the credit of that 
school ; but all funds remaining to the credit of such school at the 
close of the school year, unused because of nonattendance, shall be 
returned to the general fund for reapportionment, unless such non- 
attendance shall have been caused by providential or other unavoid- 
able causes. And the county board of education, upon the recom- 
mendation of the county superintendent, shall have authority to 
close any school for either race in any township before it shall have 
continued for the average length of school term for the township, 
in case the attendance does not justify the continuance of the school, 
and the money remaining to the credit of such district thus closed 
for nonattendance shall be returned to the general school fund. 
1901, e. 4, ss. 23, 24; 1903, e. 435, ss. S. 0. 

4068. Keep record; report to county superintendent, also to 

State Superintendent. When. Every teacher of a public school, and 
principal of a school to which aid shall be given under this chapter, 
shall keep a daily record of the attendance of pupils. At the end of 
every term every such principal and teacher shall report to the county 
superintendent the length of term of school, the race for which it was 
taught, the number, sex and average daily attendance of the pupils, 
and the number of the district in which the school is taught, the num- 

90 



4068 EDUCATION— XIV. Teachers. Oh. 92 

ber of children on census blank not attending any school during 
the year, number of children under seventeen years of age not 
attending any school, and shall state some causes why they do not 
attend ; how many families having children of school age did not 
send any of their children to school, how many families did ; what 
personal effort w 7 as made to get such children to attend school ; num- 
ber of children studying each of the following subjects: Primary 
arithmetic, intermediate arithmetic, advanced arithmetic, primary 
geography, intermediate geograplry, language lessons, elementary 
English grammar, higher English grammar, elementary history of 
North Carolina, advanced history of North Carolina, elementary 
history of United States, higher history of United States, element- 
ary physiology and hygiene, advanced physiology and hygiene, civil 
government, Latin, algebra, higher English. Teachers shall file 
with their registers at the end of the school term an accurate record 
of the promotion, advancement and classification of every child 
attending the school just closed. The principal or superintendent 
of every school or institution of learning supported in whole or in 
part by public funds shall report to the state superintendent at such 
time and in such form as he may direct, and shall also report to the 
county superintendent of the county in which such school or institu- 
, tion of learning is situated. 

1901, c. 4, ss. 64, 66; 1903, e. 435, s. 21. 

4069. To maintain order and encourage virtue; to dismiss im- 
proper pupils. It shall be the duty of all teachers of free public 
schools to maintain good order and discipline in their respective 
schools ; to encourage morality, industry and neatness in all of their 
pupils, and to teach thoroughly all branches which they are required 
to teach. Pupils who wilfully and persistently violate the rules of 
the school and any of immoral life and character shall be dismissed 
by the teacher. 

1901, c. 4, s. 03. 

4070. Teachers' institutes and schools, how conducted; teach- 
ers must attend. The county board of education of any county may 
annually appropriate an amount not exceeding two hundred dollars 
out of the school funds of the county for the purpose of conducting 
one or more teachers' institutes for the county, or the county boards 
of education of two or more adjoining counties may appropriate 
an amount not exceeding two hundred dollars to each county, for 
the purpose of conducting a teachers' institute and school for such 
counties at some convenient and satisfactory point. All teachers of 
any county for which such institute is held are hereby required to 
attend the same continuously during the session thereof for at least 
two weeks, if the institute continue so long; and, upon failure to 

91 



4070 EDUCATION— XIV. Teachers. Ch. 92 

do so, unless providentially hindered, shall be debarred from teach- 
ing in any of the public schools of this state for the term of one 
year, or until such teacher shall have attended some county institute 
and school in some other county. A county teachers' institute under 
this section shall be conducted by the county superintendent of pub- 
lic instruction, assisted by some member of the state board of exami- 
ners, or a member of the faculty of the normal department of the 
imiversity of North Carolina, or of the state normal and industrial 
college, or of the agricultural and mechanical college at Raleigh, 
or by some practical teacher or teachers appointed by the state su- 
perintendent of public instruction. A properly signed certificate 
of attendance for two weeks or more in the same year on any sum- 
mer school of good standing in the state may be accepted by the 
county superintendent as a substitute for attendance of any teacher 
in his county on the teachers' institute and school for that county ; 
and no teacher shall be required to attend such county teachers' insti- 
tute and school two consecutive years. 

1901, c. 4, s. 26; 1901. c. 3, s. 3; 1903, c. 435, s. 10. 

XV. Croatan Indians. 

4071. Separate SChOOlS for. The persons residing in Robeson, 
and Richmond counties, supposed to be descendants of a friendly 
tribe once residing in the eastern portion of this state known as the 
Croatan indians, and their descendants, shall be known and desig- 
nated as the Croatan indians, and they and their descendants shall 
have separate schools for their children, school committees of their 
own race and color, and shall be allowed to select teachers of their 
own choice, subject to the same rules and regulations as are applica- 
ble to all teachers in the general school law, and there shall be 
excluded from siich separate schools for the Croatan indians all 
children of the negro race to the fourth generation. 

1885. c. 51, s. 2; 1889, c. 60, s. 1. 

4072. County board to carry provisions into effect. It shall be 

the duty of the county board of education to see that the next pre- 
ceding section is carried into effect, and shall for that purpose have 
the census taken of all the children of such indians and their de- 
scendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary for 
their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect. And where any children, descendants of such indians, shall 
reside in any district in such counties of Robeson and Richmond 
in which there are no separate schools provided for their race they 
shall have the right to attend any of the public schools in the county 

92 



4072 EDUCATION— A* T. Croatan Indians. Ch. 92 

provided for their race, and their share of the public school fund 
shall be appropriated to their education upon the certificate of 
the school committee in the district in which they reside, stating 
that they are entitled to attend such public schools. 

1885, c. 51, ss. 3, 4. 

4073. Pro rata share of school funds kept separate. The 

treasurer of the county school fund and other proper authorities 
whose duties it is to collect, keep and apportion the school fund, 
shall procure from the county board of education the number of 
children in the county between the ages of six and twenty-one, 
belonging to such indian race, and shall set apart and keep separate 
their pro rata share of the school funds, which shall be paid out 
upon the same rules in every respect as are provided in the general 
school law and in the next preceding section. 

1885, c. 51, s. 4. 

4074. General school law applicable to. The general public 

school law shall be applicable in all respects to such separate schools 
for the Croatan indians, except where such general law is repugnant 
to these special provisions relating to such schools ; and these special 
provisions for separate schools for Croatan indians shall apply only 
to the counties of Robeson and Richmond. 

1885, e. 51, s. 5. 

XVI. School Libraries. 

4075. How established; duties of school officials; manager 

appointed. Whenever the patrons and friends of any free public 
school shall raise by private subscription and tender to the treas- 
urer of the county school fund, for the establishment of a library 
to be connected with such school, the sum of ten dollars, the county 
board of education shall appropriate, from the money belonging 
to that school district asking for the library, the sum of ten dollars 
for this purpose and shall appoint one intelligent person in the 
school district the manager of such library. The board shall also 
appoint one competent person well versed in books to select books 
for such libraries as may be established under these provisions from 
lists of books approved by the state superintendent of public instruc- 
tion. 

1901, c. 662, s. 6; 1903, c. 226, s. 1. 

4076. State board of education to contribute. As soon as such 

board shall have made an appropriation for a library in the man- 
ner prescribed, the county superintendent shall inform the secre- 
tary of the state board of education of the fact, whereupon the 

93 



4076 EDUCATION— XVI. School Libraries. Ch. 92 

state board shall remit to the treasurer of the county school fund 
the sum of ten dollars additional for the purchase of books. 
1901, c. 662, s. 7; 1903, e. 226. s. 2. 

4077. Books and book-cases, how purchased. Within thirty 

days after the payment of the money to the treasurer of the county 
school fund, the person appointed to select the books shall submit 
the list of books to be purchased and prices of same to such treasurer, 
who shall order the books at once. The treasurer shall receive no 
compensation except his regular commission. The county board 
shall furnish, at the expense of the general county school fund, a. 
neat book-case, with lock and key, to each library upon application 
of the county superintendent. 
1901, c. 662, s. 8; 1903, e. 226. s. 3. 

4078. Rules to be made by state superintendent. The local 

manager of every library shall carry out such rules and regulations 
for the proper use and preservation of the books as may be estab- 
lished by the state superintendent of public instruction. 
1901, c. 662, s. 9; 1903, e. 220, s. 4. 

4079. Exchange Of libraries. The local managers of two or more 

libraries may by agreement exchange libraries ; but no exchange 
shall be made oftener than once in six months and no part of the 
expense of exchanging libraries shall be paid out of the public 
funds. 

1901. c. 662, s. 10; 1903, e. 226, s. 5. 

4080. Enlargement of libraries, appropriations for. Whenever 

the patrons and friends of any free public school in which a library 
has been established under the provisions of this subchapter shall 
raise by private subscription and tender to the treasurer of the county 
school fund the sum of five dollars for the enlargement of the library, 
the county board of education shall appropriate from the money be- 
longing to that school district the sum of five dollars and the state 
board of education shall remit to the treasurer of the county school 
fund the sum of five dollars. The money thus collected and appro- 
priated shall be used for the enlargement of libraries already estab- 
lished under the same rules and restrictions as govern the establish- 
ment of new libraries. 
1903, c. 226, s. 6. 

4081. Number of libraries limited; cities and towns excluded, 

when. 'Not more than six new libraries shall be established in any 
county during any period of two years, and not more than six of 
those libraries already established in any county shall be entitled 
to the benefits of the next preceding section during any period of 

94 



4081 EDUCATION— XVI. School Libraries. Ch. 92 

two years. No school district in any incorporated town with a popu- 
lation exceeding one thousand persons shall receive any moneys un- 
der the provisions of this subchapter, nor shall any school district re- 
ceive the benefits of this subchapter without the approval of the 
board of education. 

1901, c. 662, s. 12; 190.3, c. 226, s. 8. 

4082. Additional appropriation of state funds. Seven thousand 

and five hundred dollars of the appropriation for the public schools 
of the state is hereby appropriated and set apart to be expended 
by the state board of education under the provisions of this subchap- 
ter. Of this amount a sum not exceeding five thousand dollars may 
be expended by the state board of education in the establishment of 
new libraries, and a sum not exceeding two thousand and five hun- 
dred dollars in the enlargement of libraries already established. 

1901, c. 662, s. 11; 1903. e. 226, s. 7. 

XVII. JSTok.mal Schools. 

4083. State board may establish; also preparatory depart- 
ment; may remove or close 'existing schools, it shall be lawful 

for the state board of education to establish a normal school at any 
place it may deem most suitable, either in connection with one of 
the colored schools of high grade in the state, or otherwise, for 
teaching and training young men and women of the colored race, 
from the age of fifteen to twenty-five years, for teachers in the com- 
mon schools of the state for the colored race. A preparatory depart- 
ment may be established in connection with the colored normal 
schools. And .such board shall have the power to remove or close 
any of the existing state normal schools for the colored race. 

Code, ss. 2651, 2652; 1881, c. 91, c. 141. s. o; 1879, c. 54. ss. 1, 2; 1876-7, 
C. 234, s. 2; 1901, c. 565. 

4084. Beneficiaries expected to teach three years. It will be 

required and expected of all young persons, who may be thus taught 
and trained for teachers of common schools at the cost of the state 
to apply themselves, as far as practicable, to the occupation of 
teaching, within the borders of this state, for a term of not less than 
three years after leaving school. 

Code, s. 2653: 1876-7. c. 234, s. 3. 

4085. State board of examiners; powers and duties. The state 

board of education shall elect biennially a state board of examiners, 
which shall consist of three professional teachers and the state super- 
intendent of public instruction, who shall be ex officio the chairman 
of such board. The board of examiners shall prepare a course of 
study for the colored normal schools, fix all salaries and provide 



4085 EDUCATION— XVII. X annul Schools. Cli. 92 

for a summer school of not less than two weeks' duration, which all 
teachers in such normal schools shall be required to attend. One 
member of such board shall visit each of such colored normal schools 
annually, inspect the work and report in writing to the state superin- 
tendent of public instruction, who shall have the reports printed 
and submitted to the general assembly. Meetings of the state board 
of examiners, shall be held at the call of the state superintendent of 
public instruction, and the members shall receive no compensation 
other than traveling expenses and board while attending upon their 
official duties, an itemized statement of which shall be kept in the 
books of the state superintendent of public instruction. 
1901. c. 4. s. 70: 1903, c. 435. ss. 23, 27, c. 740. 

4086. Boards of directors, election and powers of. The state 

board of education shall have power to appoint a board of five direc- 
tors, not more than three of whom shall reside in the county in 
which the school is located, for each of the colored normal schools, 
and such board shall have the general management of such schools 
and shall have power to elect the teachers of the same and such other 
powers for the management of such schools as are not vested in the 
state board of education and in the state board of examiners. Such 
directors shall receive no compensation for their services other than 
actual expenses while attending meetings of the board. 

1903, c. 740. 

4087. Treasurer's duties. The treasurer shall pay such amount 
to each of the colored normal schools as shall be certified to him 
by the secretary of the state board of education. 

1901, e. 565, s. 2; 1897, c. 465. 

4088. Appropriations distributed. The state board of educa- 
tion shall have the power to distribute all the funds now appropri- 
ated to the state normal schools for the colored race, except the spe- 
cial appropriation under the next succeeding section, in such man- 
ner as in its judgment may best subserve the interest of such schools. 

1901, c. 565; 1897, c. 465. 

4089. Special conditional appropriation to Slater school. For 

the purpose of aiding the trustees of Slater Industrial and State 
Normal School, and for securing for the state the use of the build- 
ings erected and now used by that corporation, the treasurer shall 
pay to the state board of education, out of any funds in the treas- 
ury not otherwise appropriated, a sum equal in amount to the sum 
annually raised by the trustees and officers of such corporation ; but 
the amount to be so paid in any one year shall not exceed one thou- 
sand dollars. 

1899, c. 561, ss. 1, 8. 

96 



4090 EDUCATION"— XVII. Normal Schools. Ch. 92 

4090. Appropriation. For the establishment, carrying on and 
maintenance of the state normal schools for the colored race, there 
is hereby appropriated annually from any funds in the treasury 
not otherwise appropriated, the sum of thirteen thousand dollars. 
This appropriation is in addition to the special conditional appro- 
priation made by the next preceding section. 

Code, ss. 2651, 2652; 1887, e. 408; 1895, c. 393, 9. 2; 1895, e. 457; 1899, e. 561, 
s. 8; 1897, cc. 443, 521 ; 1903, c. 31. 

XVIII. Blind ; Colored Deaf and Dumb. 

4091. Incorporated. The institution for the education of the 
deaf and dumb and the blind located in the city of Raleigh, on 
Caswell square, and on a lot located in the eastern part of the city, 
belonging to the state, and on which the institution for the colored 
children is located, shall be a corporation under the name and style 
of the Xorth Carolina Institution for the Education of the Deaf 
and Dumb and the Blind, and shall be under the management of a 
board of directors and principal. 

Code. s. 2227; 1881, c. 211, s. 1. 

4092. Directors, how appointed. The governor shall, by and 
with the consent of the senate, appoint seven directors for said insti- 
tution. The directors shall be divided into three classes. The first 
class shall consist of three, and each of the other classes shall con- 
sist of two. The first class shall be appointed in one thousand nine 
hundred and five and every six years thereafter; the second class 
in one thousand nine hundred and seven, and every six years there- 
after ; the third class in one thousand nine hundred and nine and 
every six years thei'eafter. The governor shall fill all vacancies 
occurring by reason of death, resignation or otherwise. In case of 
vacancies occurring when the senate is not in session the appointees 
to fill such vacancies shall hold office until confirmed or rejected bv 
the senate. 

Code, s. 2228; 1899, c. 311; 1901, c. 707. 

4093. President, executive committee, and other officials, 

how elected. The board of directors shall organize by electing one 
of its number president and three an executive committee. The terms 
of office in each case shall be for two years. The board shall elect 
a principal, who shall be ex officio secretary of the board, and whose 
term of office shall be for three years, also a steward and physician 
whose term of office shall be for two years, and such other officers, 
agents and teachers as shall be deemed necessary. The compensa- 
tion for officers and agents and teachers, mentioned in this section, 
shall be fixed by the board, and shall not be increased nor reduced 
R. S. Vol. II— 7 97 



4:093 EDUCATION— XVIII. Blind: Colored Deaf, etc. Ch. 92 

during their term of service. The board shall have power to erect 
any buildings necessary, make improvements, or in general do all 
matters and things which may be beneficial to the good government 
of the institution, and to this end may make by-laws for the govern- 
ment of the same. 

Code, s. 2229; 1881. c. 211, s. 3. 

4094. When board to meet. The board shall meet at stated 
times and also at such other times as it may deem necessary. 

Code, s. 2230; 1881, c. 211, s. 4. 

4095. Who admitted; how admission obtained. The board of 

trustees shall, on application, receive in the institution for the purpose 
of education, in the main department, all white blind children, and in 
the department for the colored all colored deaf mutes and blind 
children, residents of this state, not of confirmed immoral char- 
acter, nor imbecile, or unsound in mind, or incapacitated by physi- 
cal infirmity for useful instruction, who are between the ages of 
eight and twenty-one years : Provided, that applications shall be 
made and applicants received at stated times, which shall be at 
the commencement of some scholastic year. In case of deaf mutes 
the following questions shall be answered : 

Name ? 

Is the child white or colored ? 

When and where was he born ? 

Was he born deaf? 

At what age did he lose his hearing? 

By what disease or accident did he become deaf? 

Is the deafness total or partial ? 

Have any attempts been made to remove the deafness ? 

Is there any ability to articulate or read on the lips ? 

Have any attempts been made to communicate instruction ? 

Is he laboring under any bodily infirmity \ 

Does he show any signs of mental imbecility or idiocy? 

Has he had the smallpox or been vaccinated ? 

Has he had the scarlet fever ? 

Has he had the measles ? 

Has he had the mumps ? 

Has he had the whooping-cough ? 

Are there any other cases of deafness in the family? 

Are there any cases of deafness among relatives or ancestors ? 

What is the name of the father ? 

What is the name of the mother ? 

What is the occupation of the father ? 

What is his postoffice address? 

Is either of the parents dead ? 

!IS 



4095 EDUCATION— XVIII. Blind; Colored Deaf, etc. Oh. 92 

Has a second connection been formed by marriage ? 

Was tbere any relationship between the parents previous to mar- 
riage ? 

In case of blind applicants the following questions shall be an- 
swered : 

Name ? 

Is the child white or colored? 

When and where was he born ? 

Was he born blind ? 

At what age did he become blind ? 

By what disease or accident did he become blind ? 

Is the blindness total or partial? 

Have any attempts been made to remove the blindness ? 

Have any attempts been made to communicate instruction? 

Is he laboring under any bodily infirmity? 

Does he show any signs of mental imbecility or idiocy ? 

Has he had the smallpox or been vaccinated ? 

Has he had the scarlet fever ? 

Has he had the measles ? 

Has he had the mumps ? 

Has he had the whooping-cough ? 

Are there any other cases of blindness in the family? 

Are there any cases of blindness among relatives or ancestors? 

What is the name of the father ? 

What is the name of the mother? 

What is the occupation of the father ? 

What is his postoffice address ? 

Is either of the parents dead ? 

Has a second connection been formed by marriage ? 

Was there any relationship between the parents previous to mar- 
riage ? 

When the application is made, it shall be filed in the office of 
the principal, and on reception of applicant, a record of such pupil 
shall be made and entered in a book to be kept for that purpose. 

Code, s. 2231; 1881, c. 211, s. 5. 

4096. Curable blind admitted, The directors of the institutions 
for the blind, in the city of Raleigh, shall set apart two rooms in 
said institutions, one for males and one for females, for the use 
of the curable blind who, by reason of poverty, are unable to pay 
for treatment. It shall be the duty of the directors of the institu- 
tions for the blind in Raleigh, to admit into such institutions, from 
time to time, such of the blind of the state as they may deem to be 
curable. 

1895, c. 461. 

99 



4097 EDUCATION— XVIII. Blind; Colored Deaf, etc. Ck 92 

4097. Pupils from other states admitted, when. The board 

may, on such terms as they deem proper, admit as pupils persons 
from any other state of like infirmity: Provided, such power shall 
not he exercised to the exclusion of any child of this state, and the 
person so admitted shall not acquire the condition of a resident of 
the state by virtue of such pupilage. 

Code, s. 2232; 1881, c. 211. s. 6. 

4098. Board may confer degrees. The board may, upon the 

recommendation of the principal and faculty, confer such degree or 
marks of literary distinction as may be thought best to encourage 
merit. 

Code, s. 2233; 1881, c. 211, s. 7. 

4099. Officers elected, When. The board of directors shall, on 
the second Monday in May, one thousand nine hundred and five, 
and every three years thereafter, elect an officer to be styled princi- 
pal. They may elect all officers and teachers at the same time : 
Provided, that the terms of office of the principal and steward 
shall begin June first, and the terms of all other officers and teach- 
ers shall begin September first, and for the terms named in this 
chapter. The principal shall be a man of good moral character, 
and shall have experience as a teacher in the deaf, dumb and blind 
school of North Carolina, or some similar institution, for the term 
of two or more years. He shall have charge of the institution in all 
its departments, and shall do and perform such duties and exercise 
such supervision as is incumbent upon such officer. 

Code, s. 2234; 1889, c. 539; 1893, c. 137; 1901, c. 707, s. 2; 1881, c. 211, s. 8. 

4100. State treasurer, treasurer of. The state treasurer shall 

be ex officio treasurer of the institution. He shall report to the 
board at such times as they may call on him, showing the amount 
received on account of the institution, amount paid out, and amount 
on hand. The board shall make a report to the governor on the 
first of January next before the regular meeting of the general 
assembly, showing the condition of the institution in its various 
departments, and shall give any information the governor shall de- 
sire from time to time. 

Code, s. 2235; 1881, e. 211. s. 9. 

4101. Board may remove officers, when. The board shall have 

power to remove any officer, employee or teacher for gross immor- 
ality, wilful neglect of duty, or any good and sufficient cause ; but 
in any such case notice in writing of the charges shall be served on 
the accused, proved and entered on record. The board shall fill all 
vacancies which may occur from any cause. 

Code, s. 2236; 1881, c. 211, s. 10. 

100 



4102 EDUCATION— XVIII. Blind; Colored Deaf, etc. Oh. 92 



4102. Employees, hOW paid. The principal, subject to the con- 
trol of the board, shall have power to employ all employees and fix 
their compensation, and to discharge them at pleasure. 

Code, s. 2237; 1881, c. 211, s. 11. 

4103. When clothing, etc., for pupils paid for by state. Where 

it shall appear to the satisfaction of the governor, upon the affi- 
davit of two respectable citizens, that the parents of any deaf mute 
or blind child are unable to provide said child with clothing and 
for expenses to and from the institution, or where the child has no 
living parents or any estate of its own, then the governor shall draw 
upon the auditor for an amount sufficient to clothe him and pay said 
expenses, and the auditor, upon the state treasurer, who shall pay the 
the same : Provided, the auditor shall charge said amount to the 
county from which said child came and add it to the tax list of the 
sheriff of said county and collect the same as other amounts due the 
state : Provided further, the amount charged shall in no case exceed 
twenty dollars per year for any pupil. 

Code, s. 2238; 1879, e. 332, s. 1. 



41 04. Garden for SChOOlS. The board of directors shall have the 
lot in front of the colored institution for the purpose of a garden 
for the pupils, and the sale of a portion of said lot, and all notes 
and papers may be cancelled, provided the purchasers will agree 
to .give up the bonds, receive their notes and the amount of money 
advanced by them, and to this end the governor is fully empowered 
to effect this arrangement. 

Code, s. 2239; 1879, c. 332, s. 2. 

4105. Farm Vested in. The farm of one hundred acres, now 
held by the said school, west of the city of Raleigh, shall be 
held in fee-simple by the board of directors of said institution, to 
be improved, or used as the best interests of the said institution, in 
its judgment, may require or demand. 

1901, c. 707, s. 3. 

XIX. Deaf and Dumb. 

4106. Incorporated. There shall be maintained a school for the 
white deaf and dumb children of the state which shall be a corpora- 
tion under the corporate name of The North Carolina School for 
the Deaf and Dumb, to be located upon the grounds donated for 
that purpose near the town of Morganton. 

1891, c. 399, s. 1. 

4107. Directors, hOW elected. Such school shall be under the 
control and management of a board of directors consisting of seven 

101 



4107 EDUCATION— XIX. Deaf and Dumb. Ch. 92 

members, who shall be appointed by the governor and hold their 
offices for the term of six years ; said board shall be divided into 
three classes, the first class shall be elected in one thousand nine 
hundred and nine, the second class in one thousand nine hundred 
and seven, the third class in one thousand nine hundred and five, 
and each class shall thereafter be elected every six years. If any 
vacancy shall occur by death, removal or other cause the same shall 
be filled for the unexpired term by appointment of the governor. 
Said directors shall hold their office until their successors shall be 
elected and qualified, but not more than two of them shall be from 
the same county. 

1891, e. 399, s. 2; 1901, c. 210. 

. 4108. To educate pupils; Who admitted tO. The board of direc- 
tors shall, according to such reasonable regulations as it may pre- 
scribe, on application, receive into the school for the purposes of 
education all white deaf mutes resident of the state not of confirmed 
immoral character, nor imbecile or unsound in mind or incapaci- 
tated by physical infirmity for useful instruction, who are between 
the ages of eight and twenty-three years. The board shall provide for 
the instruction of all pupils in the branches of study now prescribed 
by law for the public schools of the state and in such other branches 
as may be of special benefit to the deaf and dumb. As soon as 
practicable, the boys shall be instructed and trained in such mechan- 
ical pursuits as may be suited to them, and in practical agriculture 
and subjects relating thereto ; and the girls shall be instructed in 
sewing, house-keeping and such arts and industrial branches as may 
be useful to them in making themselves self-supporting. 
1891, c. 399, ss. 7, 8. 

4109. Power Of board. The board shall have power to make 
such by-laws, rules and regulations, not inconsistent with the laws 
of the state, as may be necessary for the proper management of said 
school and its officers ; and shall conduct the school in such way, as 
far as practicable, as to make it self-sustaining, and is authorized to 
make such arrangements with the board of directors of the state hos- 
pital at Morganton as may be agreed upon to promote convenience 
and economy for joint water-supply and lighting arrangements. 

1891, c. 399, ss. 8, 9, 10. 

4110. Power and duties of board of directors. The board of 

directors shall organize by appointing one of its number president 
and three an executive committee, who shall hold office for two 
years ; they shall elect a superintendent, who shall be ex officio sec- 
retary of the board and whose term of office shall be three years, 
and such other officers, teachers and agents as shall be deemed nec- 

102 



4110 EDUCATION— ATA". Deaf and Dumb. Ch. 92 

essary. The compensation for officers, teachers and agents shall 
be fixed by the board and shall not be increased or reduced during 
their term of service. The superintendent shall be a teacher of 
knowledge, skill and ability in his profession and experience in 
the management and instruction of mutes. He shall possess good 
executive ability and shall be the chief executive officer of the insti- 
tution. He shall devote his whole time to the supervision of the 
institution, and shall see that the pupils are properly instructed 
in the branches of learning and industrial pursuits as provided for 
in this subchapter and under the supervision of the board. The 
board shall elect all teachers and subordinate officers by and with the 
consent and recommendation of the superintendent. 
1893, c. 131, ss. 1, 2. 

XX. Agricultural and Mechanical College — White. 

4111. Appropriations by Congress. The appropriations made 

or which may hereafter be made by the Congress for the benefit of 
colleges of agricultural and mechanical arts shall be divided between 
the white and colored institutions in this state in the ratio of the 
white population to the colored, as ascertained by the preceding 
national census. 
1899, c. 370, s. 8. 

4112. Incorporated. The North Carolina college of agriculture 
and mechanic arts shall, under that name, be a body politic and cor- 
porate, with the right to hold property for the benefit of such college. 

1899, c. 370, s. 1. 

41 1 3. Object Of. The object of this college shall be to teach the 
branches of learning relating to agricultural and mechanical arts 
and such other scientific and classical studies as the board of trus- 
tees may elect to have taught, and to promote the liberal and practi- 
cal education of the industrial classes in the several pursuits and 
professions of life. 

1899, c. 370, s. 2. 

4114. Management Of. The management and control of the col- 
lege shall be vested in the board of agriculture and the members 
thereof, and the said board shall constitute the board of trustees 
of the college and shall exercise all the powers and be subject to 
all of the duties imposed by this chapter. 

1901, c. 650, s. 1. 

4115. Meetings; president; executive committee. The board of 

trustees shall meet annually in the city of Raleigh at such time as 
it may fix, and elect from its number a president, and an execu- 

103 



4115 EDUCATION— XX. A. M. C— White. Ch. !>2 

tive committee of three, one of whom shall he the president of the 
board of trustees. The executive committee shall meet at the call 
of the president and perform such duties as the trustees may assign 
to them. The members of the board of trustees "shall receive their 
mileage and hotel fare while in attendance upon the meetings of 
ihe board. No member of the board of trustees shall be allowed 
his expenses for more than five meetings during the year, unless 
he be a member of the executive committee. 

1899, c. 370, s. 10; 1901, c. 650, s. 1. 

4116. Board Of Visitors. The governor shall appoint a board of 
visitors to consist of eleven members. The commissioner of agricul- 
ture and the president of the college shall also be ex officio members 
of the board of visitors. The board shall at least once, and not 
more than twice in each year visit and inspect the college, and 
make such recommendations to the board of trustees for the con- 
duct of the' college as they may deem proper. The board shall elect 
a chairman and shall meet at such times, not exceeding twice a 
year, as the chairman may designate. The members of the board 
shall hold their office for six years, and shall serve without compensa- 
tion ; but their actual expense of traveling and board shall be paid 
when attending the sessions of the board. The members of the board 
shall be appointed as follows : Four in March, one thousand nine 
hundred and five, and every six years thereafter; three in March, 
one thousand nine hundred and seven, and every six years there- 
after ; four in March, one thousand nine hundred and nine, and 
every six years thereafter. 

1901, c. 650, s. 3. 

4117. Lands and Otiier property. The board of agriculture shall 
use, as in its judgment may be proper, for the purpose of such 
college and for the benefit of education in agriculture and mechanic 
arts, as well as in furtherance of the powers and duties conferred 
upon such board by existing laws, any funds, buildings, lands, labo- 
ratories and other property which may be in its possession. The 
board of trustees shall have power to accept and receive on the part 
of the state property, personal, real or mixed and any donations 
from the United States Congress to the several states and territo- 
ries for the benefit of agricultural experiment stations or the agri- 
cultural and mechanical colleges in connection therewith, and shall 
expend the amount so received in accordance with the acts of the 
Congress in relation thereto. 

1901, c. 650, s. 2; 1899, c. 370, s. 6. 

4118. Land Script fund. The board of trustees shall own and 
hold the certificates of indebtedness, amounting to one hundred and 

104 



4118 EDUCATION— XX. A. M. C— -White. Oh. 92 

twenty-five thousand dollars, issued for the principal of the land 
script fund, and the interest thereon shall be paid to them by the 
state treasurer semi-annually on the first day of July and January 
in each year for the purpose of aiding in the support of such college 
in accordance with the act of the Congress approved July second, one 
thousand eight hundred and sixty-two, entitled "An act donating 
public lands to several states and territories which may provide col- 
leges for the benefit of agriculture and the mechanic arts." 

1899, c. 370, s. 5. 

4119. College officers and instructors. The board of trustees 

shall appoint the president and instructors of the college and all 
other officers and servants that may be necessary. The beard shall 
have charge of the disbursement of its funds and shall have full su- 
pervision and control, and shall be charged with the maintenance of 
the college. The state treasurer shall be ex officio treasurer of the 
board of trustees. The president and instructors, under the direc- 
tion and supervision of the trustees, shall have power to confer such 
certificates of proficiency or marks of merit as may be deemed 
proper. 

1899, c. 370, s. 4. 

4120. Free tuition. The board of trustees shall admit to the 
benefits of the college, free of any charge for tuition, upon proper 
evidence of good moral character and of their inability and the 
inability of their parents or guardians to pay their tuition and of 
their capacity to receive instruction one hundred and twenty youths, 
limited to one for each member of the house of representatives, and 
no more, and shall apportion the same to the different counties 
applying according to their relative number of members in the 
house of representatives of North Carolina. And it shall be the 
duty of the superintendent of public instruction in each county, on 
the days fixed by law for the examination of teachers of the public 
schools, also to examine candidates for county students to such col- 
lege ; blanks for such purpose to be furnished annually by the presi- 
dent of the college to the superintendents in each county. 

1899. e. 370, s. 7; 1903, c. 402, s. 11. 

4121. Experiment Station. The agricultural experiment and 
control station shall be connected with such college and controlled 
by the board of trustees thereof. 

1899, c. 370, s. 6. 

Note. The agricultural experiment and control station is governed largely by 
acts of Congress, see acts of July 2, 1862; March 2, 1887; August 30, 1890; see 
also Bulletin No. 59 of United States Department of Agriculture, which gives 
very complete information on the subject and contains copies of the acts here 
referred to. 

105 



4122 EDUCATION— XX. A. M. C— While. Cb. 92 

4122. Sewerage Connections. The board is empowered to 
contract with adjacent owners and allow them to connect with the 
sewer constructed for the college under chapter seven hundred and 
four of the public laws of one thousand eight hundred and ninety- 
nine, upon payment of a proper sum for the privilege. 

1899, c. 704. 

4123. Maintenance. For the support of the college there is ap- 
propriated to be paid out of the state treasury annually the sum of 
ten thousand dollars. 

1895, c. 145; 1903, C. 402, s. 11. 

4124. Uses Of building. The agricultural building, built under 
the authority of chapter six hundred of the laws of one thousand 
nine hundred and three, shall be used for conducting investigations 
and instruction in respect to milk and beef cattle, diseases of ani- 
mals, trucking, fruit-growing, commercial fertilizers, diversified 
farming and other subjects pertaining to practical agriculture. 

1903, e. 600, s. 2. 

XXI. Agricultural and Mechanical College — Colored. 

4125. Establishment and name. A college of agriculture and 

mechanical arts is hereby established for the colored race, to be 
located at some eligible site within this state. Such institution shall 
be denominated the Agricultural and Mechanical College for the 
Colored Race. 

1891, c. 549, ss. 1. 2. 

4126. Leading object of the college. The leading object of the 

institution shall be to teach practical agriculture and the mechanic 
arts and such branches of learning as relate thereto, not excluding 
academical and classical instruction. 

1891, c. 549, s. 3. 

4127. Management Of. The management and control of the col- 
lege and the care and preservation of all of its property shall be 
vested in a board of trustees, who shall be elected by the general 
assembly. The board of trustees shall consist of fifteen members, 
five of whom shall be elected at each regular session of the general 
assembly and shall hold office for six years. Any vacancy which, 
for any cause, may occur, shall be filled by the governor for the 
unexpired term. The board shall annually elect one of their num- 
ber to be president of the board of trustees. 

1891, c. 549', s. 4: 1899. e. 389, s. 1. 



106 



4128 EDUCATION— XXI. A. M. C— Colored. Ch. 92 

4128. Meetings; compensation; executive board. The number 

and times of the meeting of the board of trustees shall be fixed by 
the board, and the trustees shall not receive any pay or per diem, 
but only their traveling expenses and hotel fare and that only for 
four times in each year. The board of trustees shall have power to 
elect an executive board of three of their own number, who shall 
have the immediate management of the institution when the full 
board is not in session. 
1899, c. 389, ss. 2, 3. 

4129. Powers Of trustees. The board of trustees shall have 
power to prescribe such rules for the management and preservation 
of good order and morals at the college as are usually made in such 
institutions; shall have power to appoint its president, instructors, 
and as many other officers or servants as to them shall appear nec- 
essary and proper, and shall fix their salaries, and shall have charge 
of the disbursement of the funds, and have general and entire super- 
vision of the establishment and maintenance of the college, and the 
president and instructors in the college, by and with the consent of 
the board of trustees, shall have the power of conferring such certifi- 
cates of proficiency or marks of merit and diplomas as are usually 
conferred by such colleges. 

1891, c. 549, s. 5. 

4130. Admission Of pupils. In addition to the powers herein- 
before granted, the board of trustees shall have power to make such 
rules and regulations with respect to the admission of pupils to the 
college for the various cpngressional districts of this state as they 
may deem equitable and right, having due regard to the colored pop- 
ulation thereof. 

1891, c. 549, s. 7. 

4131. Property; donations; funds. The board of trustees is em- 
powered to receive any donation of property which may be made 
to the college, and shall have power to invest or expend the same for 
the benefit of the college ; and shall have power to accept on behalf 
of this college such proportion of the fund granted by the Congress 
of the United States to the state of North Carolina for industrial 
and agricultural training as is apportioned to the colored race, in 
accordance with the act or acts of the Congress in relation thereto. 

• 1891, c. 549, ss. 6, 12. 

4132. Apportionment for maintenance. The sum of seven thou- 
sand five hundred dollars is annually appropriated to the agricul- 
tural and mechanical college for the colored race at Greensboro ; and 
all other appropriations are hereby revoked. 

1895, c. 146; 1903, c. 402, s. 12. 

107 



±133 EDUCATION— XXII.' Appalachian Training, etc. Ch. 92 
XXII. Appalachian Training School. 

4133. Incorporation; name; acquisition of property; vacan- 
cies, how filled. The persons named in section one of chapter seven 
hundred and ninety-eight of the public laws of one thousand nine 
hundred and three and their successors are and shall continue to be a 
corporation under the name of the Appalachian Training School for 
Teachers, and as such may sue and be sued, may purchase and hold 
real estate and personalty, receive donations, and do all things useful 
and necessary to carry out the true intent and meaning of said chap- 
ter. But all real property acquired for the purpose of such corpora- 
tion under the provisions of said chapter shall be conveyed by deed 
to the state of Xorth Carolina. The corporators shall fill all vacan- 
cies in their body which may occur for any cause, which vacancies 
shall be filled from residents of the county from which the vacancy 
may occur. 

1903, c. 798, ss. 1, 9, 11. 

4134. Objects of the corporation; free tuition. The object in 

creating such corporation is the establishment of a training school 
for teachers, in western Xorth Carolina, to which end tuition in 
such school shall be free to all persons of the white race in the 
state who shall sign a pledge to teach in the public schools of Xorth 
Carolina for a term of not less than two years. 

1903, e. 798, s. C. 

4135. Meetings; election of officers; treasurer's bond. The 

corporators shall meet annually at a time .and place to be fixed by 
them, and elect a president and secretary and treasurer of the cor- 
poration. The treasurer shall give a bond, with sufficient surety, 
to be approved by the corporators, payable to the state of Xorth 
Carolina, in a sum not less than double the amount of money that 
shall go into his hands. 

1903, c. 798, ss. 2, 10. 

4136. Subscriptions may be solicited. The corporators shall 

open books of subscription, and shall have power to appoint an 
agent to solicit and collect subscriptions for the purpose of erecting 
buildings suitable and necessary for the establishment of such school. 

1903, c. 798, s. 3. 

4137. Teachers, election of; length of school term. The corpo- 
rators shall elect all teachers and fix their salaries and the length 
of the term of the school. 

1903. c. 798. s. 8. 



108 



4138 EDUCATION— XXII. Appalachian Training, etc. Ch. 02 

4138. Annual reports to be made to state superintendent. Full 

annual reports of the works of the corporation and complete finan- 
cial statements of the treasurer shall be made annually to the state 
superintendent of public instruction on or before the first day of 
October, and such other reports as such superintendent may re- 
quire. 

1903, c. 798, s. 11. 

4139. Appropriation. The sum of two thousand dollars is annu- 
ally appropriated ' for the payment of teachers and the maintenance 
of such school. 

1903, c. 798, s. 5. 

XXIII. Croatan Normal School. 

4140. Incorporation; location of school; vacancies. The per- 
sons named in section one, chapter four hundred, of the public laws 
of one thousand eight hundred and eighty-seven, and others who 
have been or may be associated with them, and their successors, are 
and shall be a corporation for educational purposes, in the county 
of Robeson, under the name and style of the Croatan Normal School, 
and by that name may have perpetual succession, may sue and be 
sued, contract and be contracted with, have and hold school property, 
including buildings, lands and all appurtenances thereto, situated 
in the county of Robeson, at any place in that county to be selected 
by the trustees between Bear swamp and Lumber river; acquire by 
purchase, donation or otherwise, real and personal property for the 
purpose of establishing and maintaining a school of high grade for 
teachers of the Croatan race in North Carolina. The corporators 
shall have full power to fill all vacancies by death, removal or 
otherwise in their number. A majority vote of all the corporators 
shall be necessary to a choice. 

1887, c. 400, ss. 1, 6. 

4141. President, election and duties of. The corporators shall 

elect one of their own number president of the corporation, whose 
duties shall be such as devolve upon such officers in similar cases, 
or such as shall be defined by the corporators. 
1887, c. 400, s. 2. 

4142. Trustees may contract; no personal liability. The cor- 
porators, in the name of the corporation, shall have full power to 
rent, lease, mortgage or sell any real or personal property for the 
purpose of maintaining such school, discharging indebtedness or 
reinvesting the proceeds for a like purpose. The corporators shall 



109 



4142 EDUCATION— ZZZZZ. Croatan Normal School Ch. 92 

not be personally liable for any debt or other liability of the corpo- 
ration. 

1887, c. 400, s. 3. 

4143. Tax exemption. All property, real and personal, acquired 
by this corporation, by purchase, donation or otherwise, as long as 
it is used for educational purposes, shall be exempt from taxation, 
whether on the part of the state or county. 

1887, c. 400, s. 8. 

4144. Teachers, hOW employed. The corporators shall have full 
power and authority to employ teachers in such normal school under 
such regulations as they may determine, but such employment shall 
be under the supervision of the board of education of Robeson 
county, and no contract with any such teacher shall be of any bind- 
ing force or effect until the same shall have been submitted to and 
ratified by such board of education. 

1887, c. 400, s. 5; 1891, c. 137. 

4145. Admission and qualifications of pupils. Persons of the 

Croatan race of either sex who are not under thirteen years of age 
may attend such school; and children not under eleven years of age 
may be admitted who can stand an approved examination in spell- 
ing, reading, writing, primary geography and the fundamental rules 
of arithmetic. All those who shall enjoy the privileges of such 
school as students shall previously obligate themselves to teach the 
youth of the Croatan race for a stated period. 

1887, e. 400. s. 10: 1893, c. 515, s. 2. 

4146. Appropriation from state literary fund. The sum of five 

hundred dollars is hereby annually appropriated to the support of 
such school. The sum so appropriated shall be paid out of the state 
literary fund, in semi-annual payments, upon warrants drawn by 
the state superintendent of public instruction upon receipt by him 
of a report of the corporators of the school showing the number of 
teachers employed, the amount paid to each teacher, the number of 
students in attendance during the term of six months next preceding 
the day on which such warrant is applied for, and shall be expended 
for the payment of services rendered for teaching and for no other 
purpose. 

1887. e. 400, s. 7; 1889, c. 60, s. 2. 

XXIV. Cullowhee High School. 

4147. Incorporation; powers and duties; no personal liability. 

The persons named in section one, chapter one hundred and seventy 
of the private laws of one thousand eight hundred and ninety-one, 

110 



4147 EDUCATION"— XXIV. Cullowhee High School Ch. 92 

and their successors, who have been or who may hereafter be elected 
as hereinafter provided, are and shall continue to be a corporation 
iinder the name and style of the Cullowhee High School, for the 
purpose of establishing a high school in the Cullowhee valley, near 
Painter, Jackson county, with the privilege of a common seal to be 
altered at their pleasure, and with power to sue and be sued, con- 
tract and be contracted with, hold such real and personal property, 
by purchase, donation or otherwise as they may consider necessary 
for the establishment and maintenance of such school, not to exceed 
fifty thousand dollars, and make all rules, regulations, by-laws and 
agreements needful for the government of the corporation and the 
high school, and for carrying into effect the purpose of the cor- 
poration, and do all other acts pertaining to similar corporations 
and not inconsistent with the laws of this state or the United States. 
The corporators shall not be personally liable for the debts of the 
corporation. 

1891 (Pr.), c. 170, ss. l. G. 

4148. Trustees; election, term of office, vacancies. The terms 

of office of the corporators shall be three years from the date of 
their election. The corporators shall meet annually and hold an 
election to fill vacancies as they occur, so that one-third may be 
elected each year, each being subject, however, to removal at any 
time by a majority of the corporators for inefficiency or other just 
cause. In case of a vacancy by death, resignation or otherwise, 
such vacancy may be filled by a majority of the corporators present 
at any regular session. 

1891 (Pr.), c. 170, s. 2. 

4149. Officers, election, number, terms and duties of; quorum 

Of trustees. The corporators shall elect one of their number presi- 
dent of the corporation and such other officers as they may deem 
necessary; and they may prescribe the mode of the election of such 
officers, with the terms thereof, and may enact laws for the regu- 
lation of the duties of all officers whom they elect. Five corporators 
shall be a quorum for the transaction of business. 
1891 (Pr.), c. 170, s. 3. 

4150. School officers and teachers, election of. The corpora- 
tors shall have the exclusive right to elect a president of the high 
school and such teachers as they may think proper. 

1891 (Pr.), c. 170, s. 4. 

4151. Diplomas may be granted. The faculty of the high school 

shall, with the advice and consent of the corporators, have power to 



ill 



4151 EDUCATION— XXIV. Culloivhee High School. Ch. 5)2 

grant diplomas conferring such degrees as are usually conferred by 
chartered institutions of learning. 
1891 (Pr.), c. 170, s. 5. 

4152. Normal department; state superintendent's powers; 

free tuition. There shall be established in connection with such 
high school a normal department to fit and train young men and 
women for the position of teachers in the public schools of the state. 
The normal department shall be under the supervision of the state 
superintendent of public instruction, who shall have power to pre- 
scribe rules for the regulation and management of the same; and 
shall' also have power, upon being satisfied that such normal depart- 
ment is inefficient or unnecessary, to discontinue the same, and the 
appropriation provided for the support and maintenance thereof 
shall thereupon cease. Young men and young women who are pre- 
paring themselves for teachers shall pay no charges for tuition in 
such department. 

1893 (Pr.), c. 120; 1901, c. 535. 

4153. Board of local managers of normal department. The 

persons named in section two of chapter two hundred and thirteen 
of the private laws of one thousand eight hundred and ninety-seven, 
and in sections two and three of chapter one hundred and eighty- 
three of the private laws of one thousand eight hundred and ninety- 
nine, and their successors elected or to be hereafter elected shall 
constitute a local board of managers of the normal department, 
which board shall have the general management of and shall elect 
the teachers of the normal department. In case of a vacancy by 
death, resignation or otherwise in such board, such vacancy shall 
be filed by the remaining members of the board. 

1897 (Pr.), c. 213, s. 2; 1899 (Pr.), c. 183. s. 4; 1899 (Pr.), c. 47, s. 3, 

41 54. Appropriation. For the support and maintenance of the 
normal department of such school, two thousand dollars is annually 
appropriated. 

1893 (Pr.), c. 120; 1897 (Pr.). c. 213, s. 1: 1903, c. 402, s. 9. 

XXV. The State Normal and Industrial College. 

4155. Incorporated. The members of the board of directors of 
the institution for the education of girls of the white race, which 
institution is the property of the state and is now located at Greens- 
boro, are and shall continue to be a corporation under the name of 
The State Normal and Industrial College, with all the powers usually 
conferred upon such bodies enabling it to receive, protect and hold 



112 



4155 EDUCATION— XXV. State Normal. Ch. 92 

property, and do all things necessary for the purpose for which the 
corporation is created. 

1891, o. 139, s. 1; 1897, e. 230, s. 1. 

4156. Directors; election, qualifications and number; state 
superintendent a member and president of. The corporation shall 

be managed by a board of nine directors, no two of whom shall be 
chosen from the same congressional district. The term of office of 
each director shall be six years. The state board of education, by 
and with the advice and consent of the senate, shall appoint di- 
rectors to fill vacancies as they may 'respectively occur by the ex- 
piration of the terms of office of the present incumbents. Vacan- 
cies that may occur by death or resignation shall be filled for the 
unexpired term by the state board of education. All directors shall 
take an oath faithfully to perform their duties as required by law, 
and shall hold office until their successors shall be elected and quali- 
fied. The state superintendent of public instruction shall be an 
additional member of the board of directors and shall be its presi- 
dent. The board of directors shall report biennially, before the 
meeting of each general assembly, to the governor the operations of 
the corporation. 
1891, c. 139, s. 3. 

4157. Objects of corporation; free tuition. The objects of the 

corporation shall be to give young women such education as shall 
fit them for teaching; and to give instruction to young women 
in drawing, telegraphy, typewriting, stenography, and such other 
industrial arts as may be suitable to their sex and conducive to their 
support and usefulness. Tuition shall be free, to those who signify 
their intention to teach, upon such conditions as may be prescribed 
by the board of directors. 

1891, c. 139, s. 5. 

4158. Rules and regulations; admission of pupils. The board 

of directors shall make rules and regulations for the government of 
the corporation and the admission of pupils; but shall not discrimi- 
nate against any county in the number of pupils allowed it, in case 
all applicants can not be accommodated. Kach county shall have 
representation in proportion to its white school population, if it 
desires it; and, should any county fail to avail itself of its pro- 
portionate number, the board of directors may recognize applicants 
from counties which already have their proportionate representation. 
1891, e. 139, s. 4. 

4159. Session of thirty weeks; teachers to hold institutes. 

The college shall be in regular session for at least thirty weeks per 

E. S. Vol. II— 8 113 






4159 EDUCATION— XXT. State Normal Ch. 02 

annum, and the instructors, in addition to their duties at the college, 
shall be required to hold institutes in the various counties of the 
state, under such regulations as may be made by law, and without 
other compensation than their regular salaries at the college. 
1891, e. 1.39, s. 0; 1901, c. 535, c. 4, s. 26. 

4160. Certificates to pupils, when and how granted. Upon the 

completion of the prescribed course of study at the college by any 
pupil, the board of directors and the faculty of the college shall 
grant a certificate to that effect, and it shall be the duty of the fac- 
ulty to extend the influence and usefulness of the college as far as' 
possible to persons who are unable to avail themselves of its ad- 
vantages as resident students, having respect to the claims of each 
county in the state. To this end the faculty shall arrange a course 
of reading and study which may be pursued by others than those 
resident at the college. Upon application of any white person for 
examination upon this course at the college or at the county insti- 
tutes provided for by law, an examination shall be held, and, if 
such examination proves satisfactory, the regular certificate of the 
board and faculty shall be granted. 

1891, e. 139, ss. 0, 11; 1901, c. 535. c. 4, s. 26. 

4161. Matron's hall. For the benefit of those who may desire 
to avail themselves of it a matron's hall shall be established at which 
board shall be furnished at actual cost. 

1891. c. 139, s. 12. 

4162. Appropriation. For the support and maintenance of the 
state normal and industrial college at Greensboro, an annual appro- 
priation of forty thousand dollars is hereby made. 

1903, e. 402, ss. 10, 15. 

XXVI. The University of North Carolina. 

4163. Constitutional provisions. The general assembly shall have 
power to provide for the' election of trustees of the University of 
North Carolina, in whom, when chosen, shall be vested all the 
privileges, rights, franchises and endowments thereof, in anywise 
granted to or conferred upon the trustees of such university; and 
the general assembly may make such provisions, laws and regula- 
tions, from time to time, as may be necessary and expedient for the 
maintenance and management of such university. 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 escheats, unclaimed divi- 

114 



4163 EDUCATION— XX VI. U. X. C. Ch. 92 

dends, or distributive shares of the estates of deceased persons, shall 
be appropriated to the use of the university, and the general assembly 
shall establish and maintain, in connection with the university, a 
department of agriculture, of mechanics, of mining, and of normal 
instruction. 

Const., Art. IX, ss. fr, 7, 14. 

4164. Incorporated. Whereas, in all well regulated govern- 
ments it is the indispensable duty of every legislature to consult 
the happiness of a rising generation, and endeavor to fit them for 
an honorable discharge of the social duties of life, by paying the 
strictest attention to their education ; and whereas, a university 
supported by permanent funds, and well endowed, would have the 
most direct tendency to answer the above purpose : The trustees of 
the university shall be a body politic and corporate, to be known and 
distinguished by the name of The University of North Carolina, and 
by that name shall have perpetual succession and a common seal; 
and by that name shall be able and capable in law to take, demand, 
receive and possess all moneys, goods and chattels that shall be given 
for the use of the university, and to apply the same according to 
the will of the donors ; and by gift, purchase or devise to take, have, 
receive, possess, enjoy and retain forever, any and all real and per- 
sonal estate and funds, of whatsoever kind, nature or quality the 
same may be, in special trust and confidence, that the same, or the 
profits thereof, shall be applied to and for the use and purpose of 
establishing and endowing the university, and shall have power to 
receive donations from any source whatever, to be exclusively de- 
voted to the purposes of the maintenance of the university, or ac- 
cording to the terms of donation. 

Code, ss. 2610, 2630; R. S.. vol. 2, p. 424; 1789, c. 305. s. 1; 1874-5, c. 236, s. 2. 

4165. Additional corporate powers. The corporation, by its 

corporate name, shall be able and capable in law to bargain, sell, 
grant, alien or dispose of and convey and assure to the purchasers 
any and all such real and personal estate and funds as it may law- 
fully acquire when the condition of the grant to it or the will of 
the devisor does not forbid it ; and shall be able and capable in 
law to sue and be sued in all courts whatsoever ; and shall have 
power to open and receive subscriptions, and in general may do all 
such things as are usually done by bodies corporate and politic, or 
such as may be necessary for the promotion of learning and virtue. 

Code, s. 2611; R. S., vol. 2, p. 425; 1789. c. 305, s. 2. 

4166. Tax exemption. The lands and other property belonging 
to the corporation shall be exempt from all kinds of public taxation. 

Const., Art. VI, s. 5; Code, s. 2614; R. S., vol. 2, p. 428; 1789, c. 306, s. 3. 

115 



4167 EDUCATION— XXVI. U. X. C. Ch. 92 

4167. Governor ex officio president; president pro tern. The 

governor shall preside at all the meetings of the hoard, at which 
he may be present; and if, by indisposition or other cause, the gov- 
ernor shall be absent from any meeting of the board, he may appoint, 
in writing, some other person, being a trustee, to act in his stead for 
the time being, which appointee shall preside accordingly ; and if at 
any time the governor shall be absent from the meeting of the board 
and shall not have appointed some trustee to act in his stead it shall 
be lawful for the board to appoint some one of their number to pre- 
side for the time being. 

Code, s. 2615; R. S., vol. 2, p. 432; 1805, e. 678. 

4168. President and faculty; rules and discipline; degrees. 

The trustees shall have the power of appointing a president of the 
University of North Carolina and such professors, tutors and other 
officers as to them shall appear necessary and proper, whom they 
may remove for misbehavior, inability or neglect of duty; and they 
shall have the power to make all such laws and regulations for the 
government of the university and preservation of order and good 
morals therein as are usually made in such seminaries, and as to 
them may appear necessary, provided the same are not contrary to 
the inalienable liberty of a citizen, or to the laws of the state. And 
the faculty of the university, that is to say, the president and pro- 
fessors, by and with consent of the trustees, shall have the power 
of conferring all such degrees or marks of literary -distinction as 
are usually conferred by colleges or universities. 

Code, s. 2613; R. S., vol. 2, p. 427; 1789, c. 305, s. 7. 

4169. Treasurer, duties and bond of. The trustees shall elect 

and commission some person to be treasurer' for the corporation dur- 
ing the term of two years, and until his successor shall be elected 
and qualified ; which treasurer shall enter into bond, with sufficient 
sureties, payable to the state of North Carolina, in the sum of not 
less than ten thousand dollars, conditioned for the faithful discharge 
of his office, and the trust reposed in him, and that all moneys and) 
chattels belonging to the corporation that shall be in his hands at 
the expiration of his office shall then be immediately paid and 
delivered into the hands of the succeeding treasurer ; and every 
treasurer shall receive all moneys, donations, gifts, bequests, and 
charities whatsoever that may belong or accrue to the corporation 
during his office, and at the expiration thereof shall account with 
the trustees for the same, and the same pay and deliver over to the 
succeeding treasurer ; and on his neglect or refusal so to pay and 
deliver the same, proceedings may be had against him, as is or may 



116 






4169 EDUCATION— XXYI. U. N. G. Oh. 92 

be provided for the recovery of moneys from sheriffs or other per- 
sons chargeable with public moneys. 

Code, s. 2612; R. S., vol. 2, p. 420; 1789, c. 305, s. 4. 

4170. Vacancies in offices of secretary and treasurer. Incase 

the office of secretary or treasurer of the corporation shall be vacant 
from any cause whatever, in the recess of the board of trustees, the 
president shall appoint a suitable person to fill the same until the 
annual meeting of the board of trustees, at which time the board 
shall elect a proper person to fill such vacancy. 

Code, s. 2617; R. S., vol. 2, p. 433. 

4171. Executive Committee. The trustees shall have power to 
appoint from their own number an executive committee which shall 
be clothed with such powers as the trustees may confer. 

Code, s! 2624; 1873-4, e. 64. s. 5. 

4172. Trustees, number, election, terms and rights of. There 

shall be eighty trustees of the University of Xorth Carolina whose 
term of office shall be eight years, and who shall be elected by joint 
ballot of both houses of the general assembly as and when the terms 
of the present incumbents respectively expire. Sixteen of such 
trustees shall be selected from points conveniently accessible to the 
seat of government and the university. In such eighty trustees shall 
be vested all the rights, privileges, franchises and endowments in 
anywise granted to or conferred upon the trustees of the University 
of North Carolina. 

Const., Art. IX. s. 6; Code, ss. 2620, 2625; 1873-4, e. 64; 1876-7, e. 121, ss. 1, 
2; 1883, c. 124, ss. 1. 2. 

4173. Meeting of trustees, annual and special; quorum. There 

shall be an annual meeting of the board of trustees in the city 
of Raleigh, which meeting shall be held during the session of the gen- 
eral assembly the years that body convenes. There shall also be held 
another annual meeting at such time and place as the governor may 
appoint. At any of the annual meetings of the board any number 
of trustees, not less than ten, shall constitute a quorum and be com- 
petent to exercise full power and authority to do the business of 
the corporation ; and the board or the governor shall have power to 
appoint special meetings of the trustees at such time and place as, 
in their opinion, the interest of the corporation may require ; but 
no special meeting shall have power to revoke or alter any order, 
resolution or vote of an annual meeting ; and the board of trustees 
at the annual meeting may, by resolution, vote or ordinance, from 
time to time, as to it shall seem meet, limit, control and restrain the 
business to be transacted, and the power to be possessed and exer- 
cised by special meetings of the board, called according to law, and 

117 



4173 EDUCATION— XXVI. U. N. ('. Oh. 92 

the powers of such special meetings shall be limited, controlled and 
restrained -accordingly. And every order, vote, resolution or other 
act done, made or adopted by any special meeting, contrary to any 
order, resolution, vote or ordinance of the board, at an annual meet- 
ing shall be absolutely, to all intents and purposes, null and void. 

Code, ss. 2610, 2018, 2021; E. S., vol. 2/p. 433; 1873-4, c. 04, s. 2. 

4174. Removal of trustees from office. The board of trustees 

shall have power to vacate the appointment and remove a trustee 
for improper conduct, stating the cause of such removal on the jour- 
nal ; but this shall not be done except at an annual meeting of the 
board, and there shall be present at the doing thereof at least twenty 
of the members of the board. 

Code, s. 2619; E. S., vol. 2, p. 432. 

4175. Vacancy by neglect Of duty. Whenever a trustee shall 
fail to be present for four successive years at the regular meetings 
of the board, his place as such trustee shall be deemed vacant, and 
the general assembly, upon being notified thereof by the secretary, 
shall proceed to fill the same, as is now provided in case of other 
vacancies. 

1891. c. 98; 1805, e. 078. s. 2. 

4176. Vacancies, hOW filled. Whenever any vacancy shall hap- 
pen in the board of trustees it shall be the duty of the secretary of 
the board of trustees to communicate to the general assembly the 
existence of such vacancy, and thereupon there shall be elected by 
joint ballot of both houses a suitable person to fill the same. 

Code, s. 2622; 1873-4, e. 64, s. 3: 1804, c. 647. 

4177. Rules and regulations. The trustees shall have power to 
make such rules and regulations for the management of the uni- 
versity as they may deem necessary and expedient, not inconsistent 
with the constitution and laws of the state. 

Code, s. 2623; 1873-4, c. 64, s. 4. 

4178. Normal department. It shall be the duty of the trustees 
to use the appropriation hereinafter made, as far as may be practi- 
cable, in carrying into effect sections seven and fourteen of article 
nine of the constitution ; and particularly they shall provide such 
advanced instruction as may enable their students to learn the art 
of teaching in the university normal department and to be well 
qualified to become teachers of the schools of the state. 

Code, s. 2639; 1881, c. 141, s. 2: 1887. c. 233, s. 3. 

4179. Tuition fees; free tuition. The trustees are hereby in- 
structed to reduce tuition at the university to sixty dollars per 

118 



4179 EDUCATION— XXVI. U. X. ('. Ch. 92 

annum, to be paid in cash or by good note, and are further instructed 
to charge and collect from each student at the beginning of each term 
an amount sufficient to pay room rent, servant's hire, etc., for the 
term ; but no young man of good moral character shall be denied ad- 
mission because of his inability to pay cash or give a good note. The 
trustees are further instructed to adopt such rules for tbe admission 
of ministers' sons, candidates for the ministry, young men afflicted 
with bodily infirmity, and students preparing themselves for the 
purpose of teaching, as are adopted by other colleges throughout 
the state. All students in the normal department shall receive free 
tuition in this department if they agree in writing to teach for one 
year after leaving the university; but they shall pay full tuition in 
other departments. All other students shall be required to give their 
notes with the understanding that should they become able they shall 
pay the balance due the university at the time of their graduation in 
full. 

Code. ss. 2633, 2634, 2635; 1885, c. 143, ss. 2, 3; 1887, c. 233, ss. 1, 2. 3. 

4180. Reports to the general assembly, it shall be the duty of' 

the trustees to cause annual reports to be made to the governor, to be 
transmitted by him to the general assembly, showing the receipts of 
the corporation from all sources, and the expenditures thereof, with 
the objects for which such expenditures were made. 
1885, c. 143, s. 4. 

4181. Intoxicating liquors, sale of, prohibited; electioneering, 

treating, etc. Any license granted to retail spirituous or malt liquors, 
wines or cordials at Chapel Hill, or within four miles thereof, shall 
be void ; and no person shall sell or deliver, or directly or indirectly 
receive any compensation for any spirituous liquors, bitters or any 
intoxicating drinks within four miles of the corporate limits of 
Chapel Hill, Orange county, or within that village. ISTo person 
shall erect, keep, maintain, or have at Chapel Hill, or within four 
miles thereof, any tippling house, establishment, or place, for sale 
of wines, cordials, spirituous or malt liquors. It shall be unlawful 
for any person to sell or deliver, or offer to sell or deliver, or directly 
or indirectly receive any compensation for, any spirituous or malt 
liquors, bitters or any intoxicating drinks, for the purpose of being 
used, or with knowledge that the same will be used at Chapel Hill, 
or within four miles thereof, by any student of the university, with- 
out permission in writing from the president of the university, or 
some other member of its faculty. No person, at or within four 
miles of Chapel Hill, shall give or furnish any electioneering treat 
or entertainment. 

Code, ss. 2640, 2641, 2642, 2643; R. C, c. 113, ss. 1-4; R. S., e. 116, ss. 1. 2; 
1827, c. 4; 1879, c. 232, ss. 1, 2. 3; 1880 (sp. sess.), c. 45; 1803, cc. 398, 449. 

119 



4182 EDUCATION— XXVI. U. N. C. Ck 9% 

4182. Billiard tables; games of chance or skill. No person 

shall set up, keep or maintain at Chapel Hill, or within five miles 
thereof, any public billiard table or other public table of any kind 
at which games of chance or skill, by whatever name called, may be 
played. Nor shall he keep, w T ithin such five miles, any house, place, 
ten-pin alley, or any implement, at which, or by means of which, 
any game of chance or hazard may be played. 

Code, s. 2644; R. C. c. 113, s. 5: R. S.. c. 116, s. 4; 1794, e. 429. 

4183. Theatrical and other shows, entertainments, etc. No 

person, without permission in writing obtained therefor from the 
president of the university, or some other member of its faculty 
seven days beforehand, shall exhibit at Chapel Hill, or within five 
miles thereof, any theatrical, sleight-of-hand or equestrian per- 
formances, or any dramatic recitations or representations, or any 
rope or wire-dancing, natural or artificial curiosities, or any con- 
cert, serenade, or performance in music, singing or dancing. 

Code, s. 2645; R. C, c. 113*, s. 6: R. S.. e. 116, s. 3; 1824. c. 1252. 

4184. Misdemeanor to violate three preceding sections; juris- 
diction; testimony Of participants. Any person violating any of 
the three next preceding sections shall be guilty of a misdemeanor, 
and fined not less than ten dollars nor more than fifty dollars, or 
be imprisoned not less than ten days nor more than thirty days ; 
and if the offender is not brought to trial before some justice of 
the peace within twelve months after the commission of the offense, 
the superior court in term for the county in which the offense was 
committed may take jurisdiction of the same and punish the offender 
at the discretion of the court. No person shall be excused or inca- 
pacitated from testifying touching the violation of any of the three 
next preceding sections by reason of his having been a participant 
in the offenses ; but the testimony of such person shall not be used 
against him in any criminal prosecution on account of such partici- 
pation. 

Code, s. 2646; R. C, c. 113, s. 7: 1S79. c. 232, s. 3. 

4185. Certain contracts of students void and incapable of rat- 
ification. Every contract or agreement by any student of the uni- 
versity, being then a minor, with any shopkeeper, merchant, trader, 
or other person, upon the sale of any wine, cordial, spirituous or 
malt liquor, or of any goods, wares, or merchandise, or any article 
of trade, or with the keeper of any livery stable, shall be void, 
unless the same, if made at or within two miles of Chapel Hill, be 
made under the written permission of the president of the imiver- 
sity or some other member of its faculty; or, if made at a greater 
distance from Chapel Hill, under the written consent of the per- 

120 



41 S5 EDUCATION— XX VI. U. X. ('. Oh. 92 

son who may have the control and authority over such student. 
Every contract made with a student of the university contrary to 
this section shall be void, and may he avoided on account of any 
of the matters herein contained by answer denying the same. And 
on the trial, if it appear that the defendant was at the time of the 
alleged contract a student of the university, it shall be presumed 
that he was at the making thereof a minor. Every such contract 
shall be incapable of being confirmed ; and any promise or obliga- 
tion to perform the same, given by such student after his arrival 
at full age, shall be void. 

Code, ss. 2C47, 2648. 2G49 ; R. C., c. 113, ss. 9, 10. 

4186. Endowed With escheats. All real estate which has here- 
tofore accrued to the state, or shall hereafter accrue from escheats, 
shall be vested in the University of North Carolina, and shall be 
appropriated to the use of that corporation. 

Const., Art. IX, s. 7; Code, s. 2020; R. C, c. 113, s. 11 ; 1789. c. 300, s. 2. 

4187. Unclaimed assets and distributive shares in decedents' 

estates. All sums of money or other estate of whatever kind, which 
shall remain in the hands of any executor, administrator or collec- 
tor for five years after his qualification, unrecovered or unclaimed 
by suit, by creditors, next of kin or others entitled thereto, shall 
be paid by the executor, administrator or collector, to the Univer- 
sity of North Carolina ; and that corporation is authorized to de- 
mand, sue for, recover, and collect such moneys or other estate of 
whatever kind, and hold the same without liability for profit or 
interest, until a just claim therefor shall be preferred by creditors, 
next of kin or others entitled thereto ; and if no such claim shall be 
preferred within ten years after such money or other estate be re- 
ceived by such corporation, then the same shall be held by it abso- 
lutely. 

Const., Art. IX, s. 7; Code. ss. 2027. 1504: 1808-9, e. 113, s. 70: It. S., e. 40, 
a. 20; 1784, c. 205. s. 2; 1809, c. 763, s. 1. 

4188. Other unclaimed personalty. Personal property of every 
kind, including dividends of corporations, or of joint-stock com- 
panies, or associations, choses in action, and sums of money in the 
hands of any person, which shall not be recovered or claimed by 
the parties entitled thereto for five years after the same shall become 
due and payable, shall be deemed derelict property, and shall be 
paid to the University of North Carolina and held by it without 
liability for profit or interest until a just claim therefor shall be 
preferred by the parties entitled thereto ; and if no such claim shall 
be preferred within ten years after such property or dividend shall 
be received by it, then the same shall be held by it absolutely. 

Code, ss. 2629, 2628. 

121 



4:189 EDUCATION— XXVI. U. X. C. Ch. 92 

4189. All receipts to be applied to maintenance. All receipts 

heretofore had or hereafter to be had from dividends, escheated 
property, derelict property, money or other property, in the hands 
of executors, administrators or collectors, and from any source what- 
ever under authority of the state, and all interest thereon, shall 
be exclusively devoted by the trustees to the maintenance of the 
university. 

Code, s. 2630; 1874-5* e. 236, s. 2. 

4190. Appropriation. The sum of thirty-seven thousand and 
five hundred dollars is annually appropriated for the support and 
maintenance of the University of North Carolina, and all other 
appropriations heretofore made are hereby revoked. 

1903, e. 402, s. 8. 

XXVII. Dead Bodies for Medical Schools. 

4191. Board for distribution. The professors of anatomy of the 
several medical schools of the state shall be a board for the distribu- 
tion of dead human bodies for the purpose of promoting the study 
of anatomy in this state, and shall have power to make proper rules 
for its government and the discharge of its functions under this 
subchapter. 

1003, c. 666, s. 1. 

4192. What bodies furnished. All officers, agents or servants of 
the state of Xorth Carolina, or of any county or town having charge 
or control of the dead body of any person who at the time of death 
was under the sentence of death, or imprisonment at hard labor for 
the violation of the criminal laws of the state, shall, upon the 
request of the board or its authorized agent, deliver such dead body 
to any one designated by the board for the purpose aforesaid : Pro- 
vided, such body be not claimed by any relative within the second 
degree of consanguinity, or by the husband or wife of such deceased 
person : Provided further, that the body of a Confederate soldier or 
of the wife of a Confederate soldier shall be excepted from the pro- 
visions of this subchapter, and that the body of no white person shall 
be delivered to any school for the colored race: Provided, that this 
chapter shall only apply to persons who have been convicted of and 
are serving a sentence for a felony. 

1903, c. 666, s. 2. 

4193. HOW distributed. The bodies obtained under this subchap- 
ter shall be distributed among the several medical schools in propor- 
tion to the number of students studying anatomy in said schools. 

1903. e. 666, s. 3. 

122 



4194 EDUCATION— XXYII. Dead Bodies, etc. Ch. 92 

4194. Embalmed. The bodies obtained under this subchapter 
shall be embalmed before being used for the purposes of dissection. 

1903, c. 660, s. 4. 

4195. Expenses, hOW paid. All expenses for the delivery, dis- 
tribution and embalming of such dead bodies shall be borne by the 
medical school receiving same, and in no case shall the state or any 
County or town be liable therefor. 

1903, c. 666, s. 5. 



Note. Failure of officer to discharge duty misdemeanor, see Crimes. 
Embalmers entitled to use of, see s. 4293. 



CHAPTER 93. 
ELECTIONS. 

Sections. 
I. Definition, 4196 

IT. When held, 4197—4203 

III. State board, 4204 — 4206 

IV. County board, 4207 — 4217 
V.' Qualification of voters, 4218 — 4220 

VI. Registration of voters, 4221—4227 

VII. Permanent registration, 4228—4238 

VIII. Judges, 4239—4241 

IX. Challenges, 4242 — 1243 

X. How conducted, . 4244—4250 

XI. County board of canvassers, 4251 — 4259 

XII. State board of canvassers, 4260 — 4265 

XIII- State officers, 4266—4268 

XIV. Congressmen. 4269—4274 

XV. Presidential electors. 4275—4279 

XVI. Miscellaneous. 4280—4286 

I. Definition. 

4196. Political party. The words "political party," as used in 
this chapter, shall be construed to mean every such political party or 
organization whose candidate for governor received as many as fifty 
thousand votes in the election held August second, one thousand nine 
hundred. 

1901, c. 89, s. 85 

II. When Heed. 

4197. State Officers. On Tuesday next after the first Monday 
in JSTovember in the year of our Lord one thousand nine hundred 
and four, and every four years thereafter, an election shall be held 

123 



4197 ELECTIONS— II. When Held. Ch. 93 

in the several election precincts in each county for the following 
officers: Governor, lieutenant governor, secretary of state, auditor, 
treasurer, superintendent of public instruction, attorney general, 
and other state officers whose terms last for four years, and at said 
time and every two years thereafter, elections shall be held in the 
several election precincts in each county for other state officers whose 
election is not otherwise provided for by law. 
1901, e. 89, s. 3. 

4198. For presidential electors. On the Tuesday next after the 
first Monday in the month of November in the year of our Lord 
one thousand nine hundred and eight, and every four years there- 
after, or on such days as the Congress of the United States shall 
have directed, a poll shall be opened in each of the precincts of the 
state for the election of electors of president and vice-president of 
the United States, the number of whom is to be equal to the num- 
ber of senators and representatives in Congress to which this state 
may be entitled, and the persons shall be electors for the state as 
aforesaid, and the voting place in each ward or precinct shall be 
the same as in elections for members of the general assembly, unless 
changed by the county board of elections. 

1901, c. 89, s. 77. 

4199. For president and vice-president, by electors. The per- 
sons elected and appointed as electors of the president and vice- 
president of the United States shall assemble on the second Mon- 
day of January, in the capitol at the city of Raleigh, and then 
and there give their votes on behalf of the state of North Carolina 
for president and vice-president of the United States, and proceed 
in relation thereto in all things conformably to the constitution of 
the United States and the acts of Congress in that behalf. 

1901, c. 89. s. 82. 

4200. County officers, solicitors and congressmen. On the 

Tuesday next after the first Monday in November in the year of our 
Lord one thousand nine hundred and six, and every two years there- 
after, an election shall be held in the several election precincts in 
each county for members of Congress in the several districts, mem- 
bers of the general assembly for their respective counties and dis- 
tricts, a register of deeds, county surveyor, coroner, sheriff, county 
commissioners, where the county commissioners are elected by the 
people, and in such counties as have one, a county treasurer, and 
other officers, whose terms are for two years. And on the said first 
Tuesday after the first Monday in November in the .year of our 
Lord one thousand nine hundred and six, and every' four years 
thereafter, an election shall be held in each county for clerk of the 

124 



4200 ELECTIONS—//. When Held. Oh. 93 

superior court, and at such times an election shall be held in the 

several judicial districts for the office of solicitor. 

1901, c. 89, s. 1. 

Note. See also, s. 4271. 

4201. Township Offices. On the first Tuesday after the first 
Monday in November in the year of our Lord one thousand nine 
hundred and six, and every two years thereafter, an election shall 
be held in each township for the office of constable, and also for 
justices of the peace in such counties as elect them by a vote of the 
people, and all other officers elected by a vote of the township. 

1901, e. 89, s. 2. 

4202. Special election for members of general assembly. When 

a vacancy occurs in the general assembly by death, resignation or 
otherwise, it shall be the duty of the chairman of the county board 
of elections, or of the sheriff of the county in which the late mem- 
ber resided, provided the general assembly shall not be in session, to 
notify the governor of such vacancy, and in case the general assembly 
shall not be in session when such vacancy occurs, it shall be the 
duty of the presiding officer in the house in which the vacancy occurs 
to notify the governor of the same, who shall thereupon issue a writ 
of election to the chairman or chairmen of the district or county 
represented by the late member, said election to be held at such 
time as the governor may designate, and in such manner as may be 
prescribed by law. 
1901, e. 89, s. 74 

4203. Vacancies in State Offices. Whenever any vacancies shall 
exist by reason of death, resignation or otherwise, in any of the fol- 
lowing offices, to-wit: Secretary of state, auditor, treasurer, superin- 
tendent of public instruction, attorney general, solicitor, justices of 
the supreme court, judges of the superior court, or any other state offi- 
cer elected by the people, the same shall be filled by elections, to be 
held in the manner and places and under the same regulations and 
rules as prescribed for general elections, at the next regular election 
for members of the general assembly, which shall occur more than 
thirty days after such vacancy, except as otherwise provided for in 
the constitution. 

1901, c. 89, ss. 4, 73. 

III. State Boabd. 

4204. Appointed by the governor; term of office. There shall 

be a state board of elections, consisting of five electors, whose terms 
of office shall begin on the first day of June, one thousand nine hun- 
dred and six, and continue for two years and until their successors 
are appointed and qualified. The governor shall appoint the mem- 

125 



4204 ELECTIONS—///. State Board. Ch. 93 

bers of this board, and not more than three of them shall be of the 
same political party. Their successors shall likewise be appointed 
by the governor, and their term of office shall continue for two years 
and until their successors are elected and qualified. 
1901, e. 89, s. 5. 

4205. When to meet; vacancies, how filled. The state board of 

elections shall meet in Raleigh on the first Monday in July in the 
year nineteen hundred and six and shall organize by electing one 
of its members chairman and another secretary, and the chair- 
man of said board may call such meetings as may be necessary to 
discharge the duties and functions imposed upon said board by this 
chapter at such times and places as he may appoint. Any vacancy 
occurring in the said board shall be filled by the governor, and the 
person so appointed shall fill the unexpired term. 
1901, e. 89, s. 7. 

4206. Called meetings; authority; quorum. The chairman of 

the state board of elections shall call a meeting of the board upon 
the application in writing of any two members thereof, or if there 
be no chairman, or the chairman does not call such meeting, any 
three members of the said board shall have power to call a meeting 
of the board. And any duty imposed or power conferred by this 
chapter may be performed or exercised at such meeting, although 
the time for performing or exercising the same prescribed by this 
chapter may have expired. And if at any meeting any member of 
said board shall fail to attend, and by reason thereof there is a 
failure of a quorum, the members attending shall adjourn from day 
to day, for not more than two days, at the end of which time, if 
there should be no quorum, the governor may remove the members 
so failing to attend summarily and appoint their successors. 
1901, c. 89, s. 7. 

IV. County Boakd. 

4207. Consists of three members; when appointed; qualifica- 
tion. There shall be in every county in the state a county board of 
elections to consist of three persons of good moral character, who 
are electors in the county in which they are to act, who shall be ap- 
pointed by the state board of elections at least three months before 
the next general state election, and biennially thereafter, and whose 
terms of office shall continue for two years from the time of their 
appointment and until their successors are appointed and qualified, 
unless sooner removed therefrom as hereinafter provided. Not more 
than two members of the county board of elections shall belong to 
the same political party, and the state chairman of each political 
party shall have the right to recommend three electors in each county, 

126 



4207 ELECTIONS— JV. County Board. Ch. 93 

and it • shall be the duty of the state board of elections to appoint 
said county board from the names thus recommended : Provided, 
that said chairmen shall recommend such persons on or before the 
first Monday of August of each year in which appointments are to 
be made. 
1901, c. 89, s. 6. 

4208. When to meet. It shall be the duty of the county board of 
elections to meet in their respective counties not later than the first 
Monday in September, in the year of our Lord one thousand nine 
hundred and six, and biennially thereafter, and, a majority being 
present, they shall organize by electing one of its members chair- 
man and another secretary, and it may meet at such other times 
and places as the chairman of said board, or any two members 
thereof, may direct' to divide their respective counties into election 
precincts and fix the polling places. 

1901, e. 89, s. 11, 

4209. Polling places created, altered or changed. The county 

board of elections may, in their respective counties, adopt the present 
election precincts, or they may establish new precincts, but the elec- 
tion precincts and polling places as now fixed in each county shall re- 
main as they now are until altered. In the case of the alteration of 
the election precincts or polling places therein, they shall give twenty 
days' notice thereof, in some public journal, or in lieu thereof, in 
three public places in such county, and at the courthouse door. And 
the county board of elections shall have power from time to time, 
after dividing their counties into election precincts, to establish, 
alter, discontinue, or create such new election precincts in their 
respective counties as they may deem expedient, giving twenty days' 
notice thereof, by advertising in some public journal, or in lieu 
thereof, in three public places in such county, and at the courthouse 
door. If any polling place is changed in any precinct, like adver- 
tisement of such change shall be given. And there shall be at least 
one polling place in every township, conveniently located for a ma- 
jority of the voters. 
1901, c. 89, s. 11. 

4210. Furnished with necessary books and stationery. The 

county board of elections shall make their requisition upon the sec- 
retary of state for such books, blanks, and stationery as may be 
necessary for the registration of voters and holding elections in 
their respective counties. And if the secretary of state shall fail 
to provide said books, blanks or stationery, it shall be the duty of 
the said board to provide the same at the expense of the state. 
1901, c. 89, s. n. 

127 



4211 ELECTIONS— IV. Comity Board, Ch.'93 

4211. Appoints registrars and judges of election. The county 

board of elections in each county shall appoint all registrars and 
judges of election in their respective counties, and fill vacancies 
except as herein provided. 

1901, c. 89, s. 8. 

4212. Appoint registrars; may remove, and appoint others. 

The county hoard of elections of the several counties shall select, 
on or before the first Monday in September in the year of our Lord 
one thousand nine hundred and six, and biennially thereafter, one 
person of good repute and standing, who shall act as registrar for 
each township, ward or precinct. The said county board of elec- 
tions shall make publication of the names of the persons so selected 
at the courthouse door immediately after such appointment and 
shall cause a notice to be served upon said persons by the sheriff. 
If any registrar fail to perform the duties of his office, and for that 
or for any other cause be removed from office, or shall die or resign, 
or if there shall for any other cause be a vacancy in said office, the 
chairman of the county board of elections may appoint another in 
his place. ISTo person who is a candidate shall be a registrar or judge 
of election. 

1901, c. 89, s. 10. 

4213. HOW vacancies filled. The state board of elections shall 
have power to remove from office any member of the county board 
of elections for incompetency, failure of duty, or for any other sat- 
isfactory cause. When any member of the county board of elec- 
tions shall be removed by the state board of elections, the vacancy 
thus created shall be filled by the state board of elections ; the vacancy 
occurring in the county board of elections for other cause than 
removal by the state board of elections shall be filled by the chair- 
man of the state board of elections, but the person so appointed to 
fill any vacancy shall be of the same political party as his prede- 
cessor. 

1901, e. 89, s. 9. 

4214. Removal of registrars and judges of election. The county 

board of elections shall have power to remove any registrar or judge 
of election appointed by it for incompetency, failure to qualify 
within the time prescribed by law, failure to discharge the duties of 
office after qualifying, or for any other satisfactory cause. 

1901, c. 89, s. 10. 

4215. Chairman transmit returns by mail, when. The chair- 
man of the county board of elections, or other returning officer of 
each county, shall, on or before the fifth day after the election, trans- 
mit by mail, in a registered letter or otherwise, to the speaker of the 

128 



4215 ELECTION'S— IV. County Board. Ch. 93 

house of representatives, a separate statement of the votes taken in 
his county for each of the state officers, to-wit: Governor, lieutenant 
governor, secretary of state, auditor, treasurer, superintendent of 
puhlic instruction, and attorney general, and other state officers ; 
which statement in each case shall be in the following or some simi- 
lar form, viz. : 

State of North Carolina, County. 

I, , the chairman of the county board of elections of county, 

do hereby certify that at the election held in the said county to elect a governor 
(or other officers, as the case may be), at the places appointed by law for holding 

elections for said county, on the .... day of , A. D. one thousand nine 

hundred and . . . ., .... votes were given for , and .... votes for 

Given under my hand, this .... day of , nineteen hundred and 



Chairman of the County Board of Elections. 

If such statements are transmitted by mail, they shall be directed 
in sealed packets to the speaker of the house of representatives, in 
care of the secretary of state, and, if by messengers, they shall be 
sent direct to the speaker of the house of representatives, sealed as 
aforesaid : Provided, that no messenger bringing said statements or 
any other abstracts or election returns shall receive compensation 
therefor. The chairman of the county board of elections, or other 
returning officers, failing or neglecting to perforin the duties re- 
quired in this section, shall forfeit and pay two thousand dollars, to 
be recovered in the superior court of his county by any person who 
shall sue for the same, and shall be guilty of a misdemeanor, and 
imprisoned at hard labor in the state's prison for twelve months : 
Provided further, that the chairman of the county board of elections 
of Carteret, Hyde and Dare shall have until the eleventh day after 
the election to comply with this section. 

1901, e. 89, s. 42. 

4216. Chairman to furnish county officers certificate of elec- 
tion. The chairman of the county board of elections of each county 
shall furnish, within ten days, the member or members elected to 
the house of representatives and to the senate, when the district is 
not composed of more than one county, a certificate of election under 
his hand and seal. He shall also immediately notify all persons 
elected to the county offices to meet at the courthouse on the first 
Monday in the ensuing December to be qualified. 

1901, c. 89, s. 41. 

4217. Where chairmen meet in senatorial districts. The chair- 
man of the county boards of elections in the various senatorial dis- 
tricts, composed of more than one county, after receiving the returns 
from the board of county canvassers, shall meet on the ninth day 
after election at the following places in their respective districts for 

R. S. Vol. II— 9 129 



4217 ELECTIONS— IT 7 . County Board. Oh. 9B 

the purpose of comparing polls : In the first district, at Hertford, 
in the county of Perquimans ; in the second district, at Plymouth, 
in the county of Washington; in the third district, at Roxobel, in 
the county of Bertie; in the seventh district, at Nashville, in the 
county of Nash ; in the eighth district, at New Bern, in the county 
of Craven ; in the tenth district, at Wallace, in the county of Duplin ; 
in the eleventh district, at Wilmington, in the county of New Han- 
over; in the twelfth district, at Clarkton, in the county of Bladen; 
in the fifteenth district, at Dunn, in the county of Harnett; in the 
seventeenth district, at Ridgeway, in the county of Warren ; in the 
eighteenth district, at Berea, in the county of Granville ; in the nine- 
teenth district, at Hillsboro, in the county of Orange ; in the twenty- 
second district, at Aberdeen, in the county of Moore; in the twenty- 
third district, at Ashboro, in the county of Randolph ; in the twenty- 
fourth district, at Norwood, in the county of Stanly; in the twenty- 
fifth district, at Charlotte, in the county of Mecklenburg ; in the 
twenty-eighth district, at Pilot Mountain, in the county of Surry; 
in the twenty-ninth district, at Yadkinville, in the county of Yad- 
kin ; in the thirty-first district, at Maiden, in the county of Catawba ; 
in the thirty-third district, at Rutherfordton, in the county of Ruth- 
erford ; in the thirty-fourth district, at Morganton, in. the county of 
Burke ; in the thirty-fifth district, at Jefferson, in the county of 
Ashe; in the thirty-sixth district, at Burnsville, in the county of 
Yancey; in the thirty-eighth district, at Sylva, in the county of 
Jackson; in the thirty-ninth district, at Murphy, in the county of 
Cherokee. 

1901, c. 89, s. 40. 

V. Qualification of Voteks. 

4218. Who may not VOte. The following classes of persons shall 
not be allowed to register or vote in this state, to-wit: Pirst, persons 
under twenty-one years of age ; second, idiots and lunatics ; third, 
persons who have been convicted or confessed their guilt in open 
court, upon indictment, -of any crime, the punishment of which 
is now, or may hereafter be, imprisonment in the state's prison, 
unless such persor> shall have been restored to citizenship in the 
manner prescribed by law. 

1901, c. 89, s. 14. 

4219. Who may VOte. Subject to the exceptions contained in 
the preceding section, every male person who has been naturalized, 
twenty-one years of age, a citizen of the state of North Carolina, 
who shall have resided two years in the state and six months in the 
county, and four months in the precinct, ward or election district 
in which he offers to vote next preceding the election, shall, if other- 

130 



4219 ELECTIONS— 7. Qualification of Voters. Oh. 93 

wise qualified, as prescribed in this chapter, be a qualified elector 
in the precinct, ward, or township in which he resides: Provided, 
that removal from one ward, precinct or other election district to 
another in the same county shall not operate 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, 
and all electors shall register and vote in the election precinct of 
their residence, except in case of removal, as above specified, in 
which case such person shall register in the township, ward or pre- 
cinct whence he has removed. The residence of a married man 
shall be where his family resides, and that of a single man where 
he sleeps. And it shall be the duty of the registrar or judge of elec- 
tion, when requested by any bystander, to swear any person offer- 
ing to register as to his residence, and to have placed in writing oppo- 
site his name the word "Sworn." 
1901, c 89, s. 15. 

4220. Voter must be registered. Only such persons as are reg- 
istered shall be entitled to vote in any election lield under this chap- 
ter. 

1901, c. 89, s. 12, 

VI. Registration of Voters. 

4221. Voter must be able to read and write; exceptions. Every 

person presenting himself for registration shall be able to read and 
write any section of the constitution in the English language, and 
shall show to the satisfaction of the registrar his ability to read 
and write any such section when he applies for registration, and 
before he is registered : Provided, however, that no male person 
who was, on January first, one thousand eight hundred and sixty- 
seven, or at any time prior thereto, entitled to vote under the laws of 
any state in the United States where he then resided, and no lineal 
descendant of such person, shall be denied tlu> right to register and 
vote at any election in this state by reason of his failure to possess 
the educational qualification aforesaid : Provided, that it shall be 
made to appear to the registrar that he or his ancestor was entitled 
to vote prior to January first, one thousand eight hundred and sixty- 
seven, in any state in the United States, as prescribed by article 
six, section four, of the constitution, and such person, if otherwise 
qualified, shall be registered, and no registrar shall have the right 
to inquire whether such person can read or write. 
1901, e. 89, s. 12. 

4222. Qualifications as to residence for voters; oath to be 

taken. In all cases the applicant for registration shall be sworn before 
being registered, and shall state as accurately as possible his name, 

131 



4222 ELECTIONS— 77. Registration of Voters. Cb. 93 

age, place of birth, place of residence, stating ward if he resides 
in an incorporated town or city, and any other questions which ma}" 
be material upon the question of identity and qualification of the 
said applicant to be admitted to registration. The registrar, if in 
doubt as to the right of the applicant to register, may require other 
evidence satisfactory to him as to the qualification of the applicant. 
And thereupon if the applicant shall be found to be duly qualified 
and entitled to be registered as an elector, the registrar shall register 
the applicant, giving his race opposite his name, and shall record 
his name, age, residence, place of birth and the township, county 
or state from whence he has removed, in the event of a removal, 
in the appropriate column of the registration books, and the registra- 
tion books containing the said record shall be evidence against the 
applicant in any court of law in a proceeding for false or fraudulent 
registration. Every person qualified as an elector shall take the 
following oath: 

I do solemnly swear (or affirm) that I will support the constitution of the 
United States, and the constitution of the state of North Carolina, not incon- 
sistent therewith; that I have been a resident of the state of North Carolina 

for two years, and of the county of for six months, and of 

township, precinct or ward for four months; or that I was a resident of 

township (ward or precinct) on the day of (being four months 

preceding the election) and removed therefrom to township (ward or 

precinct), where I have since resided; that I am twenty-one years of age; that 1 
have not registered for this election in any other ward or precinct or township. 
So help me, God. 

And thereupon the said person, if otherwise qualified, shall be 
entitled to register. 

1901, e. 89, s. 12. 

4223. Poll tax must be paid before person can vote; receipt ex- 
hibited. No person shall be entitled to vote unless he shall have paid 
his poll tax for the previous year, on or before the first day of May 
of the year in which he offers to vote, as prescribed under article five, 
section one, of the constitution. Every person liable for such poll 
tax shall, before being allowed to vote, exhibit to the registrar his 
poll tax receipt for the previous year, issued under the hand of 
the sheriff or tax collector of the county or township where he then 
resided ; and unless such poll tax receipt shall bear date on or before 
the first day of May of the year in which he offers to vote, such 
person shall not be allowed to vote: Provided, that in lieu of such 
poll tax receipt it shall be competent for the registrar and judges of 
election to allow such person to vote upon his taking and subscribing 
the following oath: 



132 



£223 ELECTIONS— VI. Registration of Voters. Ch. 93 

North Carolina, County. 

I do solemnly swear (or affirm) that on or before the first day of May of this 
year I paid my poll tax for the previous year, as required by article six, section 
four, of the constitution of North Carolina. 

Sworn to and subscribed before me. this the .... day of , 19. . 

Registrar. 

Which oath shall bear date on the day on which such election is 
held: Provided further, that if not satisfied, the registrar and judges 
of election may require other and further proof of such payment of 
poll tax. 

1901, c. 89, s. 13. 

4224. Who may vote without paying poll tax. No person who 

has become of age since the first day of June of the previous year, 
or who was fifty years of age or over on the first day of June of the 
previous year, shall be required to produce any poll tax receipt, or 
take the oath as to payment of poll tax hereinbefore provided, in 
order to vote. No person who has been exempted by the commis- 
sioners of the county wherein he resides on account of poverty or 
infirmity shall be required to produce any poll tax receipt or to take 
said oath as to payment of poll tax in order to vote. No person shall 
be allowed to vote on any exemption granted by the board of com- 
missioners unless the same shall have been granted on or before the 
first day of May of the year in which he offers to vote and bears date 
on or before said date. 

1901, e. 89, s. 13; 1903, c. 479. 

4225. When person can register on election day. No registra- 
tion shall be allowed on the day of election, but if any person shall 
give satisfactory evidence to the registrar and judges of election 
that be has become qualified to register and vote after the time for 
registration has expired, he shall be allowed to register on that date. 

1901, c. 89, s. 21. 

4226. Registration books kept open, when; registrar to take 

Oath. The registrar of each township, ward or precinct shall be fur- 
nished with a registration book prepared as hereinbefore provided, 
and it shall be his duty, between the hours of nine o'clock a. m. and 
sunset, on each day (Sunday excepted) for twenty days preceding 
the day for closing the registration books, as hereinafter provided, 
to keep open said books for the registration of any electors residing 
within such township, ward or precinct and entitled to registration. 
The said books shall be closed for registration at sunset on the 
second Saturday before each election. On each Saturday during 
the period of registration, the registrar shall attend with his reg- 
istration books at the polling place of his precinct or ward for the 

133 



4226 ELECTIONS— VI. Registration of Voters. Ch. 9,3 

registration of voters. Every registrar, before entering upon the 
discharge of the duties of his office, 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 regis- 
trar, and honestly and fairly conduct such election. 
1901, c. 89, s. 18. 

4227. Registration books deposited with register of deeds. 

Immediately after any election, the registrar and judges of election 
shall deposit the registration books for their respective precincts 
with the register of deeds of their respective counties. 

1901, c. 89, s. 25. 

VII. Permanent Registration. 

4228. Who entitled tO. Every person claiming the benefit of sec- 
tion four of article six of the constitution of North Carolina, as 
ratified at the general election on the second day of August, one 
thousand nine hundred, and who shall be entitled to register upon 
the permanent record for registration provided for under said section 
four, shall, prior to December first, one thousand nine hundred and 
eight, apply for registration to the officer charged with the registra- 
tion of voters as prescribed by law in each regular election to be held 
in the state for members of the general assembly, and such person 
shall take and subscribe before such officer an oath in the following 
form, viz : 

I am a citizen of the United States and of the state of North Carolina; 1 am 
.... years of age. I was on the first day of January, A. D. one thousand eight 
hundred and sixty-seven, or prior to said date, entitled to vote under the consti- 
tution and laws of the state of , in which I then resided (or, I am a 

lineal descendant of who was on January 1, one thousand eight hun- 
dred and sixty-seven, or prior to that date, entitled to vote under the constitution 
and laws of the state of wherein he then resided). 

1901. c. 550, s. 1. 

4229. Oaths administered, and names recorded. It shall be 

the duty of the officer charged with the registration of voters in all 
such elections held in this state until November first, one thousand 
nine hundred and eight, to administer such oaths and to record the 
name of such person on his roll of registered and qualified voters ; 
and all registration under this chapter and under the said section of 
the constitution shall be had and taken at the times and places pro- 
vided by law for registration of voters for all such elections in this 
state until November first, one thousand nine hundred and eight. 
1901, c. 550, s. 2. 

134 



4230 ELECTIONS— VII. Permanent Registration. Cli. 93 

4230. Registrar must return list of, to clerk of superior court; 

he records in a book. It shall be the duty of such registration offi- 
cer, within five days after the close of the election, to return to the 
clerk of the superior court of the county in which he resides a list 
of the names of all the persons so registered by him, stating therein 
the name and age of such person, and the name of the person from 
whom descended, unless he himself was a voter on January first, one 
thousand eight hundred and sixty-seven, or prior thereto, and the 
state wherein he or his ancestor was a voter and the date on which 
he applied for registration, and it shall be the duty of the clerk of 
the superior court, within ten days after receipt of said list, to make 
an alphabetical roll by townships of all persons taking such oath and 
registered by such registrar, and to record the same in a book to be 
provided for that purpose, which said book shall contain the name 
and age of such person, the name of the person from whom he was 
descended, unless he himself was a voter on January first, one thou- 
sand eight hundred and sixty-seven, or prior thereto, the state in 
which he was such voter and the date he applied for registration. 
And the said roll shall, during the office hours of said clerk, be open 
to the inspection of the public. 

1901, c. 550, s. 3; 1903, c. 557. 

4231. Clerks to certify list to secretary of state. It shall be 

the duty of the several clerks of the superior courts of this state to 
certify to the secretary of state, within thirty days after the close of 
each election, a copy of the said roll in his office, and it shall be the 
duty of the secretary of state to record, in a book provided for that 
purpose, the facts set out in such certified copy, and keep the lists 
from each county separate. The clerk of the superior court shall 
keep the lists from each township in separate columns. The books 
kept by siich clerks and the secretary of state shall be plainly let- 
tered "Permanent Roll of Registered Voters," and they shall pre- 
pare a complete alphabetical index to the same. And for recording 
and indexing such names the clerks of the superior courts shall re- 
ceive as compensation ten cents for each copysheet, to be paid by the 
county commissioners. 

1901, e. 550, s. 4; 1903, c. 557, s. 2. 

4232. Registrars to enter names on books, and so certify; 
clerk certifies to genuineness; how copy obtained. It shall be the 

duty of all officers charged with the registration of voters in any 
election held in the state, to enter the name of such person on the 
registration book and voting lists of his township, ward or precinct, 
and to give a certificate in the following form : 



135 



4232 ELECTIONS— VII. Permanent Registration. Oh. 93 

I, , registrar for township (ward or precinct) of county, 

do hereby certify that on this day .... of .... race, of county, 

township, precinct (or ward), age .... years, took and subscribed the 

oath required by law, and has this day been registered on the permanent roll as a 
voter in said township (ward or precinct), in accordance with section four, arti- 
cle six of the constitution of North Carolina. 

This the day o'f , 190 . . , 

Registrar. 

* And it shall be the duty of the clerk of the superior court to cer- 
tify under his hand and seal to the genuineness of such certificate 
as follows: 

North Carolina, County. 

I, , clerk of the superior court of the aforesaid county, do hereby cer- 
tify that the foregoing certificate is in due form, and that the signature of said 

, registrar of said precinct (ward or township), is in his own proper 

handwriting. 

Witness my hand and official seal, this the .... day of , 190. . 



Clerk of the Superior Court. 

And for furnishing such certificates and administering such oaths 
neither the said registrar nor clerk shall he paid any compensation 
by the person so applying for registration. In the event of the loss 
of such certificate the person entitled to the same, upon the payment 
of twenty-five cents, may obtain from the clerk of the superior court, 
or from the secretary of state, a certificate under his official seal to 
the effect that his name is on the Permanent Roll of Registered 
Voters from his county, in his office, and such certificate shall, in 
all respects, take the place of such original and be used as such. 

1901. c.550, s. 5. 

4233. Copy obtained from secretary's office, when. In the 

event of loss or destruction of such rolls in the clerk's office, it shall 
be his duty to obtain from the secretary of state a certified copy of 
said roll for his county, and such certified copy shall be good and 
effectual for all purposes as the original would have been. 

1901, c. 550, s. 6. 

4234. Copy of, or certificate from, evidence of voter's rights. 

In all suits involving the right to vote, or trying the title to office, 
or other action in which such rolls are produced in evidence, all of 
the facts and recitals therein shall be taken as prima facie evidence 
of such facts and recitals, and if the right of any voter upon such 
rolls to vote is challenged, either his certificate or a certified copy of 
such permanent roll shall be deemed prima facie evidence of his 
right to vote. 

1901, c. 550, s. 7. 

4235. Voter moving, hOW registered. Whenever any voter so 
registered shall remove from one precinct to another in the same 

130 



4235 ELECTIONS— VII. Permanent Registration. Ch. 93 

county, or from one county to another in the state, he shall make 
application for registration, and upon production of his certificate 
of his being on the permanent roll, as provided in this chapter, under 
the hand and seal of either the clerk of the superior court or of the 
secretary of state, and proof of his identity, the proper officer charged 
with the registration of voters shall register his name and make 
record of the same as in cases of original registration under this 
chapter. 

1901, c. 550, s. 8. 

4236. Entitled to vote, though unable to read. Any person hold- 
ing a certificate of registration, as herein provided, shall be enti- 
titled to register in any county in this state, notwithstanding his in- 
ability to read and write: Provided, that he shall be otherwise quali- 
fied as an elector. 

1901, c. 550, s. 9. 

4237. Secretary of state furnishes necessary blanks. The sec- 
retary of state shall procure, provide and furnish to the several offi- 
cers named in this chapter and charged with duties under it, all such 
books, blanks and other printed matter as may be necessary to carry 
into effect the provisions of this chapter. 

1901, c. 550, s. 10. 

4238. Books constitute roll in secretary of state's office. The 

books containing the permanent roll of registered voters, sent to the 
office of the secretary of state by clerks of the courts of the several 
counties, shall be and constitute the "Permanent Roll of Registered 
Voters," required by this chapter to be kept in the office of the sec- 
retary of state, and such books shall be deemed a full and complete 
compliance with the requirements of this chapter. It shall be the 
duty of the several clerks of the court, within thirty days after the 
close of each registration hereafter to be held, up to the first day of 
December, one thousand nine hundred and eight, to forward to the 
secretary of state the names of all persons registering under article 
six, section four, of the constitution of North Carolina, as required 
by this chapter, and it shall be the duty of the secretary of state to 
record such names in the "Permanent Roll of Registered Voters" 
for the several counties. 
1903, c. 178. 

VIII. Judges. 

4239. HOW and When appointed. The county board of elections 
for each county, on or before the first Monday in September, in the 
year of our Lord one thousand nine hundred and six, and biennially 
thereafter, or at such other times as it shall be necessary to do so, 

137 



4239 ELECTIONS— VIII. Judges. ' Oh. 93 

shall appoint two persons who shall act as judges of election at each 
place of holding elections in their respective districts, each of whom 
shall be men of good moral character and able to read and write. 
The chairman of each political party in each county shall have the 
right to recommend three electors, residing in the precinct, who shall 
be men of good moral character, and able to read and write, for 
judges of election in such precinct : Provided, that no person hold- 
ing any office or place of trust or profit under the government of the 
United States or the state of North Carolina, except justices of the 
peace, shall be eligible to appointment. And the county board of 
elections shall appoint one judge of election out of each list so recom- 
mended : Provided, said lists shall be filed by such chairman by 
twelve o'clock, m., on said first Monday in September. 

• 1901, c. 89, s. 20. • 

4240. Names published; vacancies filled; qualify before acting. 

The county board of elections shall, immediately after the appoint- 
ment of judges of election as herein provided, publish the names 
of such judges so appointed, at the courthouse door of said county ; 
and if any person appointed judge of election shall decline to serve 
and so notify the chairman of the county board of elections, said 
chairman shall have the right to appoint another qualified elector of 
such precinct, who shall be of the same political party, if possible, 
to serve as judge of election in his stead, and his name shall be 
published at the courthouse door, and notice of his appointment 
served upon him as above provided. If any person appointed judge 
of elections shall fail to attend at the polls at the hour of opening 
the same, the registrar of the township, ward or precinct shall ap- 
point some suitable elector of the same political party as the judge 
failing to appear, if practicable, to act in his stead, who shall be 
by him sworn before acting ; and if the registrar shall fail to appear, 
then the judges of election may appoint another to act as registrar, 
who shall be sworn before acting. 

1901, c. 89, s. 20. 

4241. Duties Of. The judges of election shall attend at the poll- 
ing places for which they are severally appointed on the day of elec- 
tion, and they, together with the registrar for such township, ward 
or precinct, who shall attend with the registration books, after being 
sworn by some justice of the peace, or other person authorized to 
administer oaths, to conduct the election fairly and impartially, 
according to the constitution and laws of the state, shall open the 
polls and superintend the same until the close of the election. They 
shall keep poll books, in which shall be entered the name of every 
person who shall vote, and at the close of the election the said regis- 
trar and judges of election shall certify the same over their proper 

138 



4241 ELECTIONS— VIII. Judges. Clr. 93 

signatures, or a majority of them, and deposit one copy thereof with 
the register of deeds and another with the chairman of the county 
board of elections for safe-keeping. And said poll books shall, in 
any trial for illegal or fraudulent voting, be evidence. 
1901. e. 89, s. 20. 

• IX. Challenges. 

4242. Registrar attends for, When. It shall be the duty of the reg- 
istrar to attend the polling place of his township or precinct with the 
registration books on Saturday preceding the election, from the hour 
of nine o'clock, a. m., till the hour of three o'clock, p. m., when and 
where the said books shall be open for the inspection of the electors 
of the precinct or township, and any of said electors shall be allowed 
to object to the name of any person appearing on said books. In 
case of any such objection, the registrar shall enter upon his books, 
opposite the name of the person so objected to, the word "challenged," 
and shall appoint a time and place, before the election day, when he, 
together with said judges, shall hear and decide said objection, giv- 
ing personal notice of such challenge to the voter so objected to ; and 
if for any cause personal notice can not be given, then it shall be suffi- 
cient notice to leave a copy thereof at his residence : Provided, noth- 
ing in this section shall prohibit any elector from challenging or 
objecting to the name of any person registered or offering to register 
at any time other than that above specified. If any person so chal- 
lenged or objected to shall be found not duly qualified, the registrar 
shall erase his name from the books. 

1901, c. 89, s. 19. 

4243. HOW heard. When any person is challenged, the judges 
and registrar shall explain to him the qualifications of an elector, 
and shall examine him as to his qualifications ; and if the person 
insists that he is qualified and shall prove his identity with the per- 
son in whose name he offers to vote, and his continued residence in 
the precinct since his name was placed upon the registration list, as 
the case may be, by the testimony, under oath, of at least one elector, 
one of the judges, or the registrar, shall tender to him the following 
oath or affirmation : 

You do solemnly swear (or affirm) that you are a citizen of the United States; 
that you are twenty-one years old, and that you have resided in this state for 
two years, and in this county for six months next preceding this election, and 
that you are not disqualified from voting by the constitution and laws of this 
state; that your name is (here insert name given), and that in such name you 
were duly registered as a voter of this township; and that you are the identical 
person you represent yourself to be, and that you have not voted in this election 
at this or any other polling place. 80 help you. God. 



139 



4243 ELECTIONS— IX. Challenges. Ch. 93 

And if he refuses to take such oath, when tendered, his vote shall 
be rejected ; if, however, he does take the oath when tender d, his 
vote shall be received : Provided, that after such oath or affirma- 
tion shall have been taken, the registrar and judges may, neverthe- 
less, refuse to permit such person to vote, unless they be satisfied 
that he is a legal voter ; and they are hereby authorized to adminis- 
ter the necessary oaths or affirmations to all witnesses brought before 
them to testify to the qualification of a person offering to vote. 
Whenever any person's vote shall be received, after having taken 
the oath or affirmation prescribed in this section, the registrar or 
one of the judges shall write on the poll books, at the end of such 
person's name, the word "Sworn." The same powers as to the ad- 
ministration of oaths and affirmations and the examination of wit- 
nesses, as in this section granted to registrars and judges of election, 
may be exercised by the registrars in all cases where the names of 
persons registered or offering to register are objected to. 

1901, c. 89, s. 22. 

X. How Conducted. 

4244. Special elections. Every election held in pursuance of a 
writ from the governor, shall be conducted in like manner as the 
regular biennial elections, so far as the particular case can be gov- 
erned by general rules, and shall, to all intents and purposes, be as 
legal and valid, and subject the officers holding and the persons 
elected to the same penalties and liabilities as if the same had been 
held at the time and according to the rides and regulations prescribed 
for the regular biennial elections. 

1901, c. 89, s. 75. 

4245. Polls, how Opened and held. The polls shall be open on 
the day of election from sunrise until sunset on the same day, and 
no longer, and each elector whose name shall appear registered shall 
be entitled to vote, unless he is successfully challenged for good cause 
on the day of election. A space of not more than fifty feet in every 
direction from the polls or rooms in which the election is held may 
be kept open and clear of all persons except the judges, registrar 
and election bailiffs herein provided for, which space may be roped off 
with a narrow passage leading to and from the polls, and each elector 
shall approach the polls from one direction through such passage, 
and after his ballot is deposited in the ballot box, with as little delay 
as possible he shall depart by the passage leading from the polls. 
Only one elector shall enter the said passage at a time, and after 
the elector has entered, no one except the registrar or judges of elec- 
tion shall be permitted to speak to him or make any signs to him, nor 
shall he be permitted to speak or to make any signs to any one except 

140 



4245 ELECTIONS— X. How Concluded. Oh. 93 

the registrar or judges of election, until his ballot has been deposited 
in the box and he has passed out of the enclosure. The said roped 
space shall, at all times during the hours for balloting, be kept open 
and clear of all persons except the election officers as aforesaid, and 
it shall be the duty of the election bailiffs to keep such space so 
cleared and open: Provided, that nothing herein contained shall 
make it compulsory for the judges and registrar to rope off said 
space: Provided further, that when any person is challenged, one 
challenger for each political party shall be entitled to enter the 
space roped off during the hearing of such challenge, but they shall 
retire therefrom upon the challenge being decided. 
1901, c. 89, s. 23. 

4246. Voter may deposit his Own ballot. The ballot may be de- 
posited for the voter by the registrar, or one of the judges of elec- 
tion, or the voter may deposit it if he chooses. 

1901, c. 89, s. 24. 

4247. Size Of ballots. The ballots shall be on white paper and 
may be printed or written, or partly written and partly printed, and 
shall be without device. The state board of elections may, on or 
before the first Monday of September, one thousand nine hundred 
and six, and biennially thereafter, prescribe the size of ballots for 
state, judicial and congressional officers, and the county board of 
elections may, on or before the first Monday of September, one 
thousand nine hundred and six, and biennially thereafter, prescribe 
the size of the ballot for county, legislative and township offices. 

1901, c. 89, s. 27. 

4248. What ticket to Contain. The state officers, viz. : Governor, 
lieutenant governor, secretary of state, auditor, treasurer, superin- 
tendent of public instruction, attorney general, and other state officers 
not herein mentioned, the justices of the supreme court and the 
judges of the superior court shall be voted for on one ballot ; members 
of Congress on one ballot ; presidential electors on one ballot ; solic- 
itors, members of the general assembly, clerk of the superior court, 
treasurer, register of deeds, surveyor, coroner, sheriff, county com- 
missioners, tax collector, and every other officer elected by the voters 
of the county, shall be voted for on one ballot. All officers elected 
by the voters of a township shall be voted for on one ballot. 

1901. c. 89. s. 28. 

4249. Ballot boxes, description; how provided. The county 

board of elections, or upon their failure, the registrar and judges of 
election, shall provide in each election precinct in their respective 
counties, ballot boxes for each class of officers to be voted for in 
which to deposit the ballots for such officers respectively. Each of 

141 



4249 ELECTIONS— X. J Low Conducted. Oh. 03 

said boxes shall have an opening through the lid of sufficient size to 
admit a single ballot, and no more. Each box shall be labelled in 
plain roman letters, designating whether congressional, state, county 
or township box. The ballot boxes so furnished by the said county 
board of elections may be kept by the registrars after the election is 
over, if so ordered by said county board; otherwise they shall be 
returned to said board. The said registrar and judges of election, 
before the voting begins, shall carefully examine the ballot boxes 
and see that there is nothing in them, and thereupon they shall close 
and securely fasten the same, and no ballot box shall be opened until 
the time for voting is at an end. 

1901, c. 89, s. 29. 

4250. HOW VOtes Counted. When the election shall be finished, 
the registrar and judges of election, in the presence of such of the 
electors as may choose to attend, shall open the boxes and count 
the ballots, reading aloud the names of the persons who shall appear 
upon each ticket ; and if there shall be two or more tickets rolled up 
together, or any ticket shall contain the names of more persons than 
such elector has a right to vote for, or shall have a device upon it ; in 
either of these cases such tickets shall not be numbered in taking 
the ballots, but shall be void ; and the said counting of votes shall be 
continued without adjournment until completed and the result 
thereof declared. Am- ballot found in the wrong box shall not be 
counted, unless the registrar and judges of election shall be satisfied 
that the same was placed there by mistake. 

1901, c. 89, s. 30. 

XL County Board of Canvassers. 

4251. HOW members appointed. The registrar and judges of 
election in each township, ward or precinct shall appoint one of their 
number to attend the meeting of the board of county canvassers as a 
member thereof, and they shall deliver to the member who shall have 
been so appointed the original return or statement of the result of 
the election in such township, ward or precinct, and the members 
of the several township, ward or precinct boards of election, who 
shall have been so appointed, shall constitute the board of county 
canvassers for such county, and a majority shall constitute a quorum. 

1901, c. 89, s. 31. 

4252. When to meet; elect chairman; how sworn. The board 

of county canvassers shall meet on the second day next after every 
election, at eleven o'clock a. m. of that day at the courthouse of the 
county, and at that hour, without delay, the members of such board 
who shall then be present shall choose one of their number who shall 

142 



4252 ELECTIONS — XI. County Board of Canvassers. Ch. 93 

be chairman, and shall choose one of their members as clerk of said 
board : Provided, the board of county canvassers of Carteret, Hyde 
and Dare shall meet on the seventh day after the election. As 
soon as such chairman shall be appointed he shall administer to 
each of the other members, and each of the other members shall 
take an oath or affirmation in the following form: "You do swear 
(or affirm) that you will faithfully and impartially execute the 
duties of the board of canvassers according to law." And there- 
upon one of the members of such board, appointed for that purpose, 
shall administer to such chairman, and such chairman shall take 
an oath or affirmation in the same form as that taken by the other 
members of the board. And before proceeding to canvass and esti- 
mate the votes in such county, the chairman of the board shall admin- 
ister to the clerk thereof an oath or affirmation in the following form : 
"You do swear (or affirm) that you will faithfully execute the 
duties of clerk of this board according to law." 
1901, c. 89, s. 32. 

4253. Canvass returns; determine result. The board of county 

canvassers at their said meeting, in the presence of such electors 
as choose to attend, shall open and canvass and judicially determine 
the returns, stating the number of legal ballots cast in each precinct 
for each officer, the name of each person voted for, and the number 
of votes given to each person for each different office, and shall 
sign the same. The said board shall have power and authority to 
judicially pass upon all facts relative to the election, and judicially 
determine and declare the result of the same. And they shall also 
have power and authority to send for papers and persons and exam- 
ine the same. 
1901, e. 89, s. 33. 

4254. What returns placed on same abstracts. The abstract 

of votes for each of the following classes of officers shall be made on 
a different sheet: 

1. Governor and all state officers ; justices of the supreme court 
and judges of the superior court. 

2. Senators and representatives of the general assembly. 

3. Solicitor. 

4. County officers. 

5. Township officers. 

6. Representatives in Congress. 

1901, c. 89, s. 34. 

4255. Abstract of votes for offices, except county and town- 
ship, Where Sent. Two abstracts of all votes cast for state officers, 
representative in Congress, for justices of the supreme court, for 

143 



4255 ELECTIONS— A7. County Board of Canvassers. Ch. 93 

judges of the superior court, and for solicitor, shall be made and 
signed by the chairman of the board of county canvassers, one of 
which shall be delivered to the chairman of the county board of 
elections, one filed with the register of deeds, to be registered in his 
office, also two separate abstracts of all votes cast for state senators, 
when the senatorial districts consist of more than one county, one of 
which shall be filed with the register of deeds to be registered in his 
office, and the other furnished to the county board of elections or 
other returning officer. 
1901, c. 89, s. 35. 



4256. Abstracts of county and township offices, where filed. 

Two abstracts of the votes cast for county and township officers and 
for members of the general assembly shall be made and signed by 
the chairman of the board of county canvassers, one of which shall 
be delivered to the chairman of the county board of elections, and one 
filed with the register of deeds to be registered in his office. 

1901, c. 89, s. 36. 

4257. Original returns, where filed. When the canvass is con- 
cluded the board shall deliver the original returns to the clerk of 
the superior court to be filed in his office. The register of deeds 
shall also deliver by mail to the secretary of state and to the chair- 
man of the state board of elections, each, one duplicate of the ab- 
stract of the votes east for governor, and all state officers, for justices 
of the supreme court, judges of the superior court, and solicitor and 
representative in Congress. 

1901, c. 89, s. 37. 

4258. Who declared elected. The person having the greatest 
number of legal votes for any office is to be declared elected. But 
if two or more county candidates, having the greatest number of 
votes, shall have an equal number, the county board of elections shall 
determine which shall be elected. 

1901, c. 89, s. 38. 

4259. To declare result of election. When the board of county 

canvassers shall have thus completed the comparison of the polls, they 
shall judicially determine the result of the election in their county 
for all persons voted for, and proclaim the same at the courthouse 
door with the number of votes cast for each. 

1901, c. 89, s. 39. 

XII. State Boakd of Canvassers. 

4260. Who Constitutes. The governor and four members of the 
state board of elections, to be named and selected by said board, 

144 



4260 ELECTIONS— XII. State Board of Canvassers. Ch. 93 

shall constitute the board of state canvassers, but no member thereof 
shall take part in canvassing the votes for any office for which he 
himself is a candidate. 
1901, e. 89, s. 63. 

4261. Duty Of. The board of state canvassers shall open the ab- 
stracts transmitted to the secretary of state on the Thursday follow- 
ing the third Monday after each election held under the provisions 
of this chapter, and examine the returns, if they shall have been re- 
ceived from all of the counties, and, if not all received, they may ad- 
journ not exceeding twenty days for the purpose of obtaining the re- 
turns from all of the counties, and when these are received, shall pro- 
ceed with the canvass, which canvass shall be conducted publicly in 
the hall of the house of representatives. They shall make an abstract, 
stating the number of legal ballots cast for each candidate, the names 
of all persons voted for, for what office they respectively received 
the votes, and the number of votes each received, and stating whom 
they ascertain and judicially determine by the count to be elected 
to the office, which abstract shall be signed by the board of can- 
vassers in their official capacity as state canvassers, and have the seal 
of the state affixed thereto : Provided, that in all cases of special elec- 
tions ordered by the governor to fill vacancies in the representation 
of the state in the Congress, the board of state -canvassers may meet as 
soon as the secretary of state may notify the members of the board 
that the returns from all the counties entitled to vote in said special 
elections have been received by him ; and it shall be the duty of the 
secretary of state to fix the days of meeting, which shall not be later 
than ten days after such elections, and it shall be the duty of all 
returning officers to make their returns promptly, so that the same 
may be received within the ten days. 

1901, e. 89, s. 65. 

4262. Abstracts not received, duty Of. If the abstracts or re- 
turns from any county shall not be received at the office of the sec- 
retary of state, or by the state board of elections, by the third Mon- 
day after the day of election, the secretary of state is authorized to 
obtain from the register of deeds, or the county board of elections, 
at the expense of such county, the original abstracts or returns, or 
if they have been forwarded, copies of them. 

1901, c. 89, s. 64. 

4263. Estimate votes cast for officers executive department. 

The board of state canvassers shall estimate the votes cast for officers 
of the executive department from the abstracts forwarded to the 
secretary of state, and shall publish a statement of the result of such 
calculation, but this statement shall be for information of the pub- 
It. S. Vol. II— 10 146 



4263 ELECTIONS— XII. State Board of Canvassers. Ch. 93 

lie only, and shall not have the effect to determine what condidates 
have been elected to such offices. Their election shall be ascertained 
and declared according to section three, article three, of the consti- 
tution. 

1901, c. 89. s. 68. 

4264. To declare result; certificate of election, how issued. 

After the state board of canvassers shall have ascertained and declared 
the result of the elections as hereinbefore provided, they shall cause 
the result to be certified to the secretary of state, who shall prepare 
a certificate for each person elected, and shall sign the same, which 
certificate he shall deliver to the person elected, when he shall de- 
mand the same. 
1901, e. 89, s. 67. 

4265. Secretary of state to record abstracts. The secretary 

of state shall record the abstract or abstracts in a book to be kept by 
him for recording the result of elections, and to be called, "The Elec- 
tion Book," and shall also file the abstract or abstracts. 
1901, c. 89, s. 66. 

XIII. State Officers. 

4266. How returns published and result declared; how tie bro- 
ken. The speaker of the house of representatives, in the presence of 
a majority of the members of both houses of the general assembly, 
shall open and publish the returns for governor, lieutenant governor, 
secretary of state, auditor, treasurer, superintendent of public in- 
struction and attorney general, or other state officers, at twelve 
o'clock, noon, on the first Tuesday after the organization of both 
houses of the general assembly. And if for any cause there be no 
returns from any county of the state, or if any return be defective, 
a proper return shall be had in such manner as the two houses in 
joint session may direct; and in either case the publication of the 
result may be postponed to such time as the joint session of the two 
houses may deem best. The person having the highest number of 
votes for each office, respectively, shall be declared duly elected 
thereto ; but if two or more be equal and highest in votes for the 
same office then one of them shall be chosen by joint ballot of both 
houses of the general assembly. Contested elections shall be deter- 
mined by a joint vote of both houses of the general assembly in the 
same manner and under the same rules and regulations as prescribed 
in cases of contested election of members of the general assembly. 

1901. e. 89. s. 44. 

4267. Abstract Of VOteS for, how made. An abstract of the re- 
turns for slate officers shall be made by the clerks of the two houses 

14C 



4267 ELECTIONS— XIII. State Officers. Ch. 93 

of the general assembly, showing the number of ballots cast for each 
candidate, the names of all persons voted for, the offices for which 
they received such votes, and the number of votes cast for each per- 
son, and the persons ascertained by the canvass to be elected to the 
several offices, and said abstract shall be signed by the presiding offi- 
cers of the two houses and delivered to the secretary of state, who 
shall record it in the election book kept in his office and then file it. 
Said abstract shall also be printed in the journals of the two houses, 
and in the legislative documents. 
1901, c. 89, s. 45. 

XIV. Congressmen. 

4269. Members Of the Senate. The election for members of 
the United States senate shall be held and conducted according to 
the provisions of the act of Congress of the twenty-fifth of July, 
one thousand eight hundred and sixty-six, fourteenth statute at large, 
chapter two hundred and forty-five, page two hundred and forty- 
three. 

190], c. 89, s. 56. 

4270. Congressional districts. For the purpose of selecting rep- 
resentatives to the Congress of the United States, the state of North 
Carolina shall be divided into ten districts, as follows: 

First District — Beaufort, Camden, Chowan, Currituck, Dare, 
Gates, Hertford, Hyde, Martin, Pasquotank, Perquimans, Pitt, Tyr- 
rell and Washington. 

Second District — Bertie, Edgecombe, Greene, Halifax, Lenoir, 
Northampton, Warren and Wilson. 

Third District — Carteret, Craven, Duplin, Jones, Onslow, Pam- 
lico, Pender, Sampson and Wayne. 

Fourth District — Chatham, Franklin, Johnston, Nash, Vance and 
Wake. 

Fifth District — Alamance, Caswell, Durham, Forsyth, Granville, 
Guilford, Orange, Person, Rockingham and Stokes. 

Sixth District — Bladen, Brunswick, Columbus, Cumberland, 
Harnett, New Hanover and Robeson. 

Seventh District — Anson, Davidson, Davie, Montgomery, Moore, 
Randolph, Richmond, Scotland, Union and Yadkin. 

Eighth District — Alexander, Alleghany, Ashe, Cabarrus, Cald- 
well, Iredell, Rowan, Stanly, Surry, Watauga and Wilkes. 

Ninth District — Burke, Catawba, Cleveland, Gaston, Lincoln, 
Madison, Mecklenburg, Mitchell and Yancey. 

Tenth District — Buncombe, Cherokee, Clay, Graham, Haywood, 

Henderson, Jackson, McDowell, Macon, 'Polk, Rutherford, Swain 

and Transylvania. 

1901, c. 89, s. 57; 1901, c. 441. 

147 



4271 ELECTIONS— XIV. Congressmen. Oh. 93 

4271. When held, for representative. The election for members 

of Congress shall be held on the Tuesday next after the first Monday 
in November, one thousand nine hundred and six, and biennially 
thereafter, unless Congress shall prescribe a different time for the 
holding of such elections, and shall be conducted by the officers pro- 
vided for holding elections of members of the general assembly in 
this chapter and at the same place. 

1901, e. 89, s. 59. 

Note. See also, s. 4200. 

4272. New apportionment of representatives; how elected. 

Whenever, by a new apportionment of representatives among the 
several, states, the number of representatives in the Congress of the 
United States from North Carolina shall be either increased or de- 
creased, and neither the Congress nor the general assembly shall 
provide for the election of the same, then if the said representatives 
shall be increased, the increased number shall be elected by the 
qualified voters of the whole state, and shall be voted for on one' 
ballot, and the representatives from the several congressional dis- 
tricts shall be elected by the voters of said districts, respectively, 
and shall each be voted for on another ballot; but if the number of 
said representatives shall be decreased as aforesaid, in that event 
all the representatives in Congress shall be elected by the qualified 
voters of the whole state and shall be voted for on one ballot. 
1901, e. 89 a, 58. 

4273. Special election for. If at any time after the expiration 
of any Congress and before another election, or if at any time after 
an election, there shall be a vacancy in the representation in Con- 
gress, the governor shall issue a writ of election, and by proclamation 
shall require the voters to meet in the different townships in their 
respective counties at such times as may be appointed therein, and 
at the places established by law, then and there to vote for a repre- 
sentative in Congress to fill the vacancy; and the election shall be 
conducted in like manner as regular elections. 

1901, c. 89, s. 60. 

4274. To Obtain a Certificate. Every person duly elected a rep- 
resentative to Congress, upon obtaining a certificate of his election 
from the secretary of state, shall procure from the governor a com- 
mission, certifying his appointment as a representative of the state, 
which the governor shall issue on such certificate being produced. 

1901, c. 89, s. 61. 



148 



4275 ELECTION'S— XV. Presidential Electors. Ch. 93 

XV. Pkesidentiae Electors. 

4275. HOW Conducted. The election shall be conducted and the 
returns made as nearly as may be directed in relation to the elec- 
tion of state officers, except as herein otherwise expressed. 

1901, c. 89, s. 79. 

4276. Names On one ballot. The names of the electors to be 
chosen shall be written or printed on each ballot, and each ballot 
shall contain the name of at least one inhabitant of each congres- 
sional district into which the state may be divided and against the 
name of each person shall be designated the number of the congres- 
sional district to which he belongs. 

1901, c. 89, s. 78. 

4277. HOW returns made. The county board of canvassers shall 
meet in the courthouse of their respective counties as hereinbefore 
provided, and shall ascertain and determine, by faithful addition, 
the number of legal votes for every person who shall have been voted 
for as an elector within the county, and shall certify the same under 
their hands substantially in the manner and form following, to-wit: 

We, the county canvassers for county, do hereby certify that an elec- 
tion was held on the day and at the places fixed by law within said county, for 
electors of president and vice-president of the United States, and that the num- 
ber of votes hereinafter specified opposite the names of the several persons fol- 
lowing was given for such persons as electors for the state of North Carolina, of 
president and vice-president of the United States, namely: D. G. F. (here state 
the number of votes for D. G. F. ) ; for J. M. L. (here state the number of votes 
for J. M. L., and so on, until the list of persons voted for and the number of votes 
shall be completed). 

Given under our hands, this .... day of in the year A. D 

Three fair copies of such certificate and return shall be made by 
the board of canvassers under their hands, and one of the same shall 
be immediately delivered to the chairman of the county board of 
elections of the county, whose duty it shall be to attend at the 
meeting of said canvassers, ' and who shall forthwith make proclama- 
tion and read the same through at the courthouse door ; and the said 
chairman of the county board of elections shall immediately there- 
after seal up said copy in an envelope, and transmit the same by 
mail in a registered letter or otherwise, to the secretary of state at 
the capitol in Raleigh so that he shall receive the same within twelve 
days after the day of election; and one of said copies, together with 
the original precinct returns, shall be delivered to the clerk of the 
superior court, who shall record the said copy in The Election 
Book, and file the originals of said copy in his office. And one 
copy shall be delivered to the register of deeds, to be registered in 
his office. The clerk of the superior court shall immediately, after 

149 



4277 ELECTIONS— XT. Presidential Electors. Ch. 93 

tlie same shall have been delivered to him, send a copy of the certifi- 
cate of the board of county canvassers, sealed with the seal of his 
office, to the secretary of state at Raleigh, so that he may receive 
the same within twelve days after said election. And in case of 
failing to make such returns within the time herein prescribed, such 
chairman of the county board of elections, clerk or other officer, 
whose duty it shall be so to do, shall forfeit and pay to the state the 
sum of five hundred dollars, to be recovered by the attorney general, 
in the superior court for the county of Wake. 
1901, c. 89, s. 80. 

4278. How result declared, and proclamation made. The sec- 
retary of state, within three days after the expiration of the time 
hereinbefore provided for the delivery to him of said certificate and 
returns, shall deliver the same to the state board of canvassers, whose 
duty it shall be to then attend, in the presence of such other persons 
as may choose to be present, in the hall of the house of representa- 
tives in the capitol, open the certificate and proceed to canvass the 
same, and ascertain and determine the result: Provided, that if the 
returns from any county shall not, by that time, have been received 
by the secretary of state from the chairman of the county board of 
elections, or clerk of the superior court, or register of deeds, then 
the board of state canvassers shall order and compel a duplicate 
return from the clerk of the superior court and the chairman of 
the county board of elections, or register of deeds, or both, in such 
manner as they may think best; and for that purpose they may 
adjourn from day to day, not to exceed ten days. The board of 
state canvassers in canvassing said returns shall merely add up 
the returns, as certified by the county board of canvassers, but it 
shall be their duty to disregard any such apparent clerical error or 
any such technical informality as may not render it reasonably un- 
certain who was the person intended to be designated as voted for, 
and what was the number of votes actually received by any candi- 
date. At the conclusion of the canvass, the board shall make an 
abstract of all votes cast, and shall deliver the same to the secretary 
of state, together with the original returns from the several counties, 
to be filed in his office. The secretary of state shall copy the said 
abstracts in The Election Hook, directed in this chapter to be kept 
in his office, and shall, under his hand and seal of his office, cer- 
tify to the governor the names of as many persons receiving the 
highest number of votes for electors of president and vice-president 
of the United States as the state may be entitled to in the electoral 
college. The governor shall thereupon immediately issue his procla- 
mation and cause the same to be published in such daily newspapers 
as may be published in the city of Raleigh, wherein he shall set 
forth the names of the persons duly elected as electors, and warn each 

loO 



4278 ELECTIONS— XV. Presidential Electors. Ch. 93 

of them to attend at the capitol in the city of Raleigh at noon on 
the second Monday of January next after his election, at which 
time the said electors shall meet, and in case of the absence or ineli- 
gibility of any elector chosen, or if the proper number of electors 
shall for any cause be deficient, those present shall forthwith elect 
from the citizens of the state so many persons as will supply the 
deficiency, and the persons so chosen shall be electors to vote for 
the president and vice-president of the United States. And the 
governor shall, on or before the second Monday of January, make 
out three lists of the names of the said persons so elected and ap- 
pointed electors, and cause the same to be delivered to them, as di- 
rected by the act of Congress. 

1901, c. 89, s. 81. 

4279. Failing to attend and vote for president. Each elector, 

with his own consent previously signified, failing to attend and 
vote for a president and vice-president of the United States, at the 
time and place herein directed (except in case of sickness or other 
unavoidable accident), shall forfeit and pay to the state five hundred 
dollars, to be recovered by the attorney general in the superior court 
of Wake county. 

1901, e. 89, s. 83. 

XVI. Miscellaneous. 

4280. Power to maintain Order. The registrar and judges of 
election, in each ward or precinct, the board of county canvassers 
of each county, and the board of state canvassers shall respectively 
possess full power and authority to maintain order, and to enforce 
obedience to their lawful commands during their sessions, respect- 
ively, and shall be constituted inferior courts for that purpose, and 
if any person shall refuse to obey the lawful commands of any such 
registrar or judges of election, or board of county canvassers, or 
board of state canvassers, or by disorderly conduct in their hearing 
or presence shall interrupt or disturb their proceedings, they may, 
by an order in writing, signed by their chairman, and attested by 
their clerk, commit the person so offending to the common jail of 
the county for a period not exceeding thirty days, and such order 
shall be executed by any sheriff or constable to whom the same shall 
be delivered, or if a sheriff or constable shall not be present, or 
shall refuse to act, by any other person who shall be deputed by 
such township or precinct board of elections, or board of county 
canvassers in writing, and the keeper of such jail shall receive the 
person so committed and safely keep him for such time as shall be 
mentioned in the commitment. 

1901, c. 89, s. 72. 

151 



4281 ELECTIONS— XVI. Miscellaneous. Ch. 93 

4281. Judges, solicitors, commissioned by governor; when term 

begins. Justices of the supreme court, judges of the superior court, 
and solicitors shall be commissioned by the governor, and their terms 
of office shall begin on the first day of January next succeeding their 
election. An election for officers, whose terms shall be about to 
expire, shall always be held at the general election next preceding 
the expiration of their terms of office. 

1901, c. 89, s. 69. 

4282. Sheriff to give receipt for poll tax. Every sheriff or tax 

collector, upon payment of the poll tax, shall issue to the person pay- 
ing the same a certificate showing the amount of such poll tax and 
the true date upon which the same was paid. 
1901, c. 89, s. 13. 

4283. When entitled to duplicate. Any person having paid his 
poll tax as required by law, and having lost his tax receipt, shall, upon 
making affidavit of such loss and satisfactory proof of his identity, 
be entitled to a duplicate thereof from the sheriff or tax collector. 

1901, e. 89, s. 13. 

4284. Sheriff to certify list of taxpayers to clerk, who certifies 

to board Of elections. It shall be the duty of every sheriff and tax 
collector, between the first and tenth days of May of each year in 
which a general election occurs, to certify under oath a true and cor- 
rect list of all persons who have paid their poll tax for the previous 
year on or before the first day of May, to the clerk of the superior 
court, who shall, within ten days, record the same in a book to be 
provided for that purpose, keeping each township separate, and 
certify a true copy thereof to the chairman of the board of elections 
for such county. 

1901, e. 89, s. 13. 

4285. Bailiffs may be appointed. The registrar and judges of 
election may appoint one or more bailiffs for each precinct or ward 
to be present during the election to keep peace and protect the voting 
place, and to prevent improper intrusion upon the voting place, or 
interfering with the election, and to arrest all persons creating any 
disturbance about the voting place, and to enable all persons who 
have not voted and who desire to vote, to have unobstructed access 
to the polls for the purpose of voting when others are not voting, 
and to keep clear the open space hereinbefore provided at all times 
during the election. It shall be the duty of the election bailiffs to 
be present at the voting place, and to take such steps as will accom- 
plish the object of their appointment and they shall have full power 
to do so; and they may summon to their aid all persons present at 

152 



4285 ELECTIONS— XVI. Miscellaneous. Ch. 93 

the voting place, and may arrest offenders against this section, who 
shall have the privilege of giving bail. And for the purposes of 
carrying out the powers herein conferred upon them, the registrar 
and judges of election shall be and are hereby constituted conserva- 
tors of the peace. Every person offending against this section shall 
be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned at the discretion of the co\irt. 
1901, c. 89, s. 26. 

4286. Penalty for refusing copy of poll books. Any officer who 

shall refuse to permit any candidate, or person qualified to vote, at 
his own expense, to have a copy of the poll books, shall forfeit and 
pay two hundred dollars, one-half to the person who shall sue for the 
same, and the other half to the use of the state. Such copy need 
not be given if the making interferes with the duty of the holder of 
the books. 

1901, c. 89, s. 83. 

4286a. Forms for returns sent to proper officers by secretary 

Of State. The secretary of state shall cause proper forms of returns 
to be prepared and printed, and send copies thereof, with plain di- 
rections as to the manner of endorsing, directing and transmitting 
the same, to the seat of government, to all of the returning officers 
of the state, at least thirty days before the time for holding any 
election. lie shall ■ also furnish to the register of deeds of each 
county all such printed blanks as may be necessary for making the 
county returns. 
1901, c. 89, s. 43, 



Note. For crimes in elections, see Crimes — Elections. 



CHAPTER 94. 
EMBALMERS. 

(Sections 4287—4293.) 

4287. State board, how elected; qualifications; term of office; 

Vacancies, how filled. The state board of embalmers shall consist of 
five members, elected by the state board of health, three of whom shall 
be members of the state board of health, the other two shall be practi- 
cal embalmers, having experience in the care and disposition of 
dead human bodies. One member of such board shall be elected in 

153 



4287 EMBALMEES. ; Cli. 94 

June, one thousand nine hundred and five, and annually thereafter 
during the month of June one member of such board shall be 
elected. The term of office shall begin on the first day of July next 
after the election, and continue for five years. The state board of 
health shall fill all vacancies in such board. 
1901, c. 338, ss. 1, 2, 3. 

4288. Members, how removed; take oath of office. The state 

board of health shall have power to remove from office any member 
of said board for neglect of duty, incompetency or improper conduct. 
The state board of health shall furnish each person appointed to 
serve on the state board of embalmers a certificate of appointment. 
The appointees shall qualify by taking and subscribing to the usual 
oath of office before some person authorized to administer oaths, 
within ten days after said appointment has been made, which oath 
shall be filed with the board of embalmers. 
1901, c. 338, ss. 3, 4. 

4289. Common Seal; powers. The board shall adopt a common 
seal, and shall have all the powers and privileges conferied on it by 
the laws of the state. 

1901, c. 338, s. 6. 

4290. Meetings, when held; quorum; may enact by-laws; offi- 
cers; term of office; may administer oaths. The board shall meet 

at least once every year, during the month of July, at such place 
as it may determine. Three members shall constitute a quorum. 
At each annual meeting the board from its members shall select a 
president and a secretary, who shall hold their offices for one year, 
and until their successors are elected. The board shall, from time 
to time, adopt rules, regulations and by-laws, not inconsistent with 
the laws of this state, or of the United States, whereby the perform- 
ance of the duties of such board and the practice of embalming of 
dead human bodies shall be regulated. The president of the board 
(and in his absence a president pro tempore elected by the members 
present) is authorized to administer oaths to witnesses testifying 
before the board. 

1901, c. 338, ss. 5, 6, 7, 8. 

4291. License, how obtained; renewed annually; fees for; 

how displayed. Every person now engaged, or desiring to engage 
in the practice of embalming dead human bodies shall make writ- 
ten application to the state board of embalmers for a license, accom- 
panying the same with a license fee of five dollars, whereupon the 
applicant shall present himself before the board at a time and place 
to be fixed by the board, and if the board shall find, upon due ex- 

154 



4291 EMBALMERS. Ch. 94 

amination, that the applicant is of good moral character, possessed 
of skill and knowledge of said science of embalming and the care and 
disposition of the dead, and has a responsible knowledge of sanita- 
tion and the disinfection of bodies of deceased persons and the 
apartment, clothing and bedding, in case of death from infections 
or contagious diseases, the board shall issue to such applicant a 
license to practice the art of embalming and the care and disposition 
of the dead, and shall register such applicant as a duly licensed 
embalmer. Such license shall be signed by a majority of the board 
and attested by its seal. All persons receiving a license under the 
provisions of this chapter shall also register the fact at the office 
of the board of health of the city, and where there is no board of 
health, with the clerk of the superior court in the county or coun- 
ties in which it is proposed to carry on said practice, and shall dis- 
play said license in a conspicuous place in the office of such licen- 
tiate. Every registered embalmer who desires to continue the prac- 
tice of his profession shall annually, during the time he shall con- 
tinue in such practice, on such day as the board may determine, pay 
to the secretary of the board a fee of two dollars for the renewal reg- 
istration. 

1901, c. 338, ss. 9, 10. 

4292. Expenses and salaries, how paid. All expenses, salary 

and per diem to members of this board shall be paid from fees 
received under the provisions of this chapter, and shall in no man- 
ner be an expense to the state. All moneys received in excess of 
said per diem allowance and other expenses provided for, shall be 
held by the secretary of said board as a special fund for meeting 
the expenses of said board. 
1901, c. 338, s. 11. 

4293. Schools for teaching embalming same privileges as 

Schools Of medicine. Schools for teaching embalming shall have 
extended to them the same privileges as to the use of bodies for dis- 
section while teaching as those granted to medical colleges. 

1901, c. 338, s. 15. 
Note. See ss. 4191-4195. 



Note. For practicing trade without license, see Crimes. 



155 



4294 FIREMAN'S REIIEF FUND. Ch. 95 

CHAPTER 95. 
FIREMAN'S RELIEF FUND. 

(Sections 4294—4300.) 

4294. Annual appropriation for. The sum of two thousand five 

hundred dollars is hereby appropriated annually and shall consti- 
tute a "fireman's relief fund." 
1891, c. 468. 

4295. Part paid North Carolina state volunteer fireman's as- 
sociation. The treasurer of the state shall pay v the amount consti- 
tuting the fireman's relief fund on the warrant of the auditor, one- 
fourth to the treasurer of the North Carolina state volunteer fire- 
men's association, properly chartered by law, and three-fourths to the 
treasurer of the North Carolina state firemen's association. The 
said treasurer of the North Carolina state volunteer firemen's asso- 
ciation shall give bond, and the said association shall disburse- 
the funds in the same manner and under the same rules as the North 
Carolina state firemen's association. 

1891, c. 468, s. 2; 1893, e. 474; 1895, e. 102. 

4296. Name Of fund; hOW Used. The money so paid into the 
hands of the treasurer of the said North Carolina state firemen's 
asociation shall be known and remain as the "fireman's relief 
fund" of North Carolina, and shall be used as a fund for the relief 
of firemen, members of such association, who may be injured or ren- 
dered sick by disease contracted in the actual discharge of duty as 
firemen, and for the relief of widows, children, and if there be no 
widow or children, then dependent mothers of such firemen killed 
or dying from disease so contracted in such discharge of duty ; to 
be paid in such manner and in such sums to such individuals of the 
classes herein named and described as may be provided for and deter- 
mined upon in accordance with the constitution and by-laws of said 
association, and such provisions and determinations made pursuant 
to said constitution and by-laws shall be final and conclusive as 
to the persons entitled to benefits and as to the amount of benefit 
to be received, and no action at law shall be maintained against said 
association to enforce any claim or recover any benefit under this 
chapter or under the constitution and by-laws of said association; 
but if any officer or committee of said association omit or refuse to 
perform any duty imposed upon him or them, nothing herein con- 
tained shall be construed to prevent any proceedings against said 
officer or committee to compel him or them to perform such duty. 

1891, c. 468, s. 3. 

156 



4297 FIREMAN'S RELIEF FUND. Oh- 95 

4297. Treasurer's bond; report to state treasurer. The treas- 
urer of the North Carolina state firemen's association shall give 
a bond to the state of North Carolina with good and sufficient sure- 
ties to the satisfaction of the treasurer of the state of North Caro- 
lina in double the sum received by him of said state treasurer for 
the faithful performance of his duties under this chapter and shall 
make a detailed report to the state treasurer of the yearly expendi- 
tures of the appropriation under this chapter on or before the end 
of the fiscal year. 

1891, c. 468, s. 4. 

4298. Meaning Of fire duty. The line of duty entitling one to 
participate in the fund shall not be so construed as to mean any 
other duty except actual fire duty, which shall consist of service in 
the fire department from the time of the fire alarm until the mem- 
bers are dismissed by the company officers at roll-call, also any 
actual duty connected with the fire department when directed to 
perform the same by the officer in charge. 

1891, c. 468, s. 5. 

4299. Who may become members. Any fireman of good moral 

character in North Carolina, and belonging to an organized fire 
company, who will comply with the requisitions of the constitution 
and by-laws of the North Carolina state firemen's association may 
become a member of said association, and any organized fire com- 
pany in North Carolina holding itself ready for duty may, upon 
compliance with the requisitions of. said constitution and by-laws, 
become a member of said North Carolina state firemen's associa- 
tion. 

1891, c. 468, s. 6. 

4300. To What firemen applicable. The provisions of this chap- 
ter shall apply to any fireman who is a member of a regularly organ- 
ized fire company. 

1891, c. 468, s. 7. 



Note. Certain state employees entitled to share in fund, see s. 4457. 



157 



I. 


Apportionment. 


11. 


Members, 


III. 


Contest, 


IV. 


Reports to, 


V. 


Investigating committee 


VI. 


Journals and acts, 


VII. 


Employees, 



4301 GENERAL ASSEMBLY—/. Apportionment. Ch. 96 

CHAPTER 96. 
GENERAL ASSEMBLY. 

Sections. 
4301—4302 
4303—4308 
4309—4310 
4311—4313 
4314—4318 
4319—4327 
4328 — 4330 

I. Apportionment. 

4301. Of Senators. Until another apportionment of the state 
shall be had in accordance with the terms of the constitution and 
laws of North Carolina, the senate shall be composed of fifty mem- 
bers, elected from districts constituted as follows : 

First District — Camden, Chowan, Currituck, Gates, Hertford, 
Pasquotank and Perquimans shall elect two senators. 

Second District — Beaufort, Bare, Hyde, Martin, Pamlico, Tyr- 
rell and Washington shall elect two senators. 

Third District — Bertie and Northampton shall elect one senator. 

Fourth District — Halifax shall elect one senator. 

Fifth District — Edgecombe shall elect one senator. 

Sixth District — Pitt shall elect one senator. 

Seventh District — Franklin, Nash and Wilson shall elect two 
senators. 

Eighth District — Carteret, Craven, Greene, Jones, Lenoir and 
Onslow shall elect two senators. 

Ninth District — Wayne shall elect one senator. 

Tenth District — Duplin and Pender shall elect one senator. 

Eleventh District — Brunswick and New Hanover shall elect one 
senator. 

Twelfth District — Bladen and •Columbus shall elect one senator. 

Thirteenth District — Robeson shall elect one senator. 

Fourteenth District — Cumberland shall elect one senator. 

Fifteenth District — Harnett, Johnston and Sampson shall elect 
two senators. 

Sixteenth District — Wake shall elect one senator. 

Seventeenth District — Vance and Warren shall elect one senator. 

Eighteenth District — Granville and Person shall elect one sena- 
tor. 

Nineteenth District — Alamance, Caswell, Durham and Orange 
shall elect two senators. 

Twentieth District — Rockingham shall elect one senator. 

158 



4301 GENERAL ASSEMBLY—/. Apportionment Ck. 96 

Twenty-first District — Guilford shall elect one senator. 

Twenty-second District — Chatham, Moore, Richmond and Scot- 
land shall elect two senators. 

Twenty-third District — Montgomery and Randolph shall elect 
one senator. Q ' 

Twenty-fourth District — Anson, Davidson, Stanly and Union 
shall elect two senators. 

Twenty-fifth District — Cabarrus and Mecklenburg shall elect two 
senators. 

Twenty-sixth District — Rowan shall elect one senator. • 

Twenty-seventh District — Forsyth shall elect one Senator. 

Twenty-eighth District — Stokes and Surry shall elect one sena- 
tor. 

Twenty-ninth District — Davie, Wilkes and Yadkin shall elect one 
senator. 

Thirtieth District — Iredell shall elect one senator. 

Thirty-first District — Catawba and Lincoln shall elect one sena- 
tor. 

Thirty-second District — Gaston shall elect one senator. 

Thirty-third District — Cleveland, Henderson, Polk and Ruther- 
ford shall elect two senators. 

Thirty-fourth District — Alexander, Burke, Caldwell and Mc- 
Dowell shall elect two senators. 

Thirty-fifth District — Alleghany, Ashe and Watauga shall elect 
one senator. 

Thirty-sixth District — Madison, Mitchell and Yancey shall elect 
one senator. 

Thirty -seventh District — Buncombe shall elect one senator. 

Thirty-eighth District — Haywood, Jackson, Swain and Transyl- 
vania shall elect one senator: 

Thirty-ninth District — Cherokee, Clay, Graham and Macon shall 
elect one senator. 

Code. s. 2844: 1901. e. 498. 

4302. House Of representatives. Until the general assembly 
shall make another apportionment as provided by the constitution 
and laws of North Carolina, the house of representatives shall be 
composed of one hundred and twenty members elected from the 
counties in the following manner, to-wit: The counties of Mecklen- 
burg and Wake shall elect three members each. ; the counties of 
Robeson, Guilford, Forsyth, Rockingham, Johnston, Y/ayne, Rowan, 
Pitt, Halifax, Cumberland, Iredell, Sampson, Randolph, Gaston, 
Union, W 7 ilkes, Edgecombe, Beaufort and Buncombe shall elect 
two members each ; the counties of Alamance, Alexander, Alleghany, 
Anson, Ashe, Bertie, Bladen, Brunswick, Burke, Cabarrus, Cald- 

159 



4302 GENERAL ASSEMBLY— I. Apportionment. Oh. 96 

well, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, 
Chowan, Clay, Cleveland, Columbus, Craven, Currituck, Dare, Da- 
vidson, Davie, Duplin, Durham, Franklin, Gates, Graham, Gran- 
ville, Greene, Harnett, Haywood, Henderson, Hertford, Hyde, Jack- 
sor Jones, Lenoir, Lincoln, McDowell, Macon, Madison, Martin, 
Mitchell, Montgomery, Moore, Nash, New Hanover, Northampton, 
Onslow, Orange, Pamlico, Pasquotank, Pender, Perquimans, Per- 
son, Polk, Richmond, Rutherford, Scotland, Stanly, Stokes, Surry, 
Swain, Transylvania, Tyrrell, Vance, Warren, Washington, Wa- 
tauga, Wilson, Yadkin and Yancey, shall elect one member each. 
Code, s. 2845; 1901, e. 379. 

II. Members. 

4303. Presiding officers administer oaths, when. The presi- 
dent of the senate is authorized to administer oaths for the qualifi- 
cation of senators and officers of the senate, and the speaker of the 
house of representatives is authorized to administer oaths for the 
qualification of all officers of the house and all members who shall 
appear after the election of speaker. 

Code, s. 2855; 1883, e. 19. 

4304. Members to convene at appointed time and place. Ev- 
ery person, elected to represent any county or district in the gen- 
eral assembly, shall appear at such time and place as may be ap- 
pointed for the meeting thereof, on the first day, and attend to the 
public business as occasion shall require. 

Code, s. 2847; R. C, e. 52, s. 27; 1787, c. 277, s. 1. 

4305. Penalty for failure to discharge duty. If any member 

shall fail to appear, or shall neglect to attend to the duties of his 
office, he shall forfeit and pay for not appearing ten dollars, and 
two dollars for every day he may be absent from his duties during 
the session, to be deducted from his pay as a member ; but a majority 
of the members of either house of the general assembly may remit 
such fines and forfeitures, or any part thereof, where it shall appear 
that such member has been prevented from attending to his duties 
by sickness or other sufficient cause. 

Code, s. 2848; R. C, c. 52, s. 28: 1787, c. 277, s. 2. 

4306. Expelled for buying VOteS. If any person elected a mem- 
ber of the general assembly shall, by himself or any other person, 
directly or indirectly, give, or cause to be given, any money, prop- 
erty, reward or present whatsoever, or give, or cause to be given 
by himself or another, any treat or entertainment of meat or drink, 
at any public meeting or collection of the people, to any person for 

160 



4306 GENERAL ASSEMBLY—//. Members. Oh. 96 

his vote or to influence him in his election, such person shall, on 
due proof, be expelled from his seat in the general assembly. 

Code, s. 2846; B. C, c. 52, s. 24; 1801, c. 580, s. 2. 

4307. Protected from arrest; freedom of speech. The mem- 
bers shall have freedom of speech and debate in the general assem- 
bly, and shall not be liable to impeachment or question, in any court 
or place out of the general assembly, for words therein spoken ; and 
shall be protected, except in cases of crime, from all arrest and im- 
prisonment, or attachment of property, during the time of their 
going to, coming from or attending the general assembly. 

Code, s. 2849; E. C, e. 52, s. 29; 1787, c. 277, s. 3. 

4308. Monuments for, When. The governor shall have placed 
at the grave of any member of the general assembly, who may be 
interred at the city of Raleigh (whose remains are not intended to 
be removed by his friends), suitable grave-stones, containing the 
name of the deceased, his age, and the county he represented ; and 
the cost thereof shall be paid by the treasurer, on the warrant of the 
auditor. 

Code, s. 2874; E. C, 1844, c. 52, s. 39; 1883, c. 71. 

III. Contests. 

4309. Notice Of, given. No person shall be allowed to contest the 
seat of any member of the general assembly unless he shall have, 
given to the member thirty days' notice thereof in writing, prior 
to the meeting of the general assembly, which must state the particu- 
lar grounds of such contest. If the seat is contested on account of 
the reception of illegal votes, the notice must set forth the number 
of such votes, by whom given, and the supposed disqualifications ; 
and if the same is contested on account of the rejection of legal 
votes, the notice must give the names of the persons whose votes 
were rejected. No evidence shall be admitted to show that the con- 
testant received illegal votes, unless he shall also have been notified 
the same number of days, and in the same manner. The same notice 
of time and place required in taking depositions shall be required 
and proved on the investigation. 

Code, s. 2850; 1893, c. 192; E. C, e. 52, s. 31; 1796, c. 466, s. 1. 

4310. Depositions in, taken, how; penalty on witnesses; what 

Witness must testify to. Any justice of the peace, or any person 
duly authorized to take depositions to be read before courts, may 
take depositions to be used on the investigation, and may issue 
subpoenas for witnesses, which shall be executed by any officer 
authorized to execute process. And if any witness shall fail to ap- 

E. S.Vol. II— 11 161 



4310 GENERAL ASSEMBLY—///. Contests. Oh. 96 

pear and give his deposition according to the subpoena, he shall for- 
feit and pay to the party causing him to be summoned, forty dol- 
lars. And on such im-estigation no witness in this, or in the case 
of any other contested election, shall be excused from discovering 
Avhether he voted at such election, or his qualification to vote, except 
as to his conviction for any offense which would disqualify him. 
And if he was not a qualified voter, he shall be compelled to discover 
for whom he voted; but any witness making such discovery shall 
not be subject to criminal or penal prosecution for having voted at 
such election. 

Code, s. 2851; R. C, c. 52, s. 32; 1800, c. 557. s. 1; 1868-9, c. 270, s. 12. 

IV. Reports to. 

4311. Furnished with estimate of expenses of government and 

necessary rate Of taxation. It shall be the duty of the state treas- 
urer to furnish the general assembly, at the commencement of each 
session, with estimates of the expenses of the state government and 
the rates of taxation necessary to pay the same for the two years 
next succeeding the close of the last fiscal year, and with a scheme 
in the form of a complete revenue bill to sustain such estimates. 

Code, s. 2864; 1856-7, e. 30: 1883, c. 60, s. 3. 

431 1a. From state officers, list of employees and salaries. The 

governor and all other state officers, the superintendents of the 
various state institutions, and the superintendents or heads of all 
institutions or departments of whatever kind that receive funds 
from the state, either directly or indirectly, shall furnish to each 
general assembly a full and complete list of the names of super- 
intendents or heads of their respective departments, assistants, sec- 
retaries, clerks, laborers and employees of whatever kind, together 
with the annual or monthly salaries of each, and of any and all 
compensation of any kind that they may receive. Any state offi- 
cer, superintendent, head of department or institution, who shall 
fail or refuse to furnish a full and complete list to the general assem- 
bly within ten days after the assembling of the same, shall forfeit 
and pay to the treasurer of the state the sum of twenty-five dollars 
for each day of delay in excess of ten days, recoverable by motion in 
the superior court of Wake county or before a justice of the peace, 
after twenty days 1 notice to such defaulting officer. 
1893, c. 424. 

4312. From institutions and state departments, it shall be the 

duty of the chief officer of each department of the state and of the 
boards of directors of all institutions supported in whole or in part 
by appropriations from the state, to submit to the general assembly, 

162 



4312 GENEKAL ASSEMBLY— IV. Reports to. Ch. 96 

with their respective reports, bills providing for the support and 
management of their respective departments; these reports, with 
those of the other officers of the executive department, shall be sub- 
mitted to the governor, to be transmitted by him with his message to 
the general assembly. 

Code, s. 2865; R. C, c. 52, s. 33; 1800, c. 557, s. 2. 

4313. Printed; number. Three hundred copies of each of such 
reports and bills, and also of the auditor's report, shall be printed 
and submitted to the general assembly with the message of the gov- 
ernor ; and the governor, if in his opinion the reports made as re- 
quired in this chapter, are in proper form and contain needful infor- 
mation, may cause to be printed by the public printer five hundred 
and twenty-five additional copies of each of such reports before the 
meeting of the general assembly and for its use. 

Code, s. 2866; 1881, c. 272, s. 2; 1883, c. 60, s. 5. 



Note. For number of copies of reports to be printed in public documents, see 
s. 4909. 

Y. Investigating Co^i mittees. 

4314. Power Of. Any committee of investigation raised either 
by joint resolution or resolution of either house of the general assem- 
bly has full power to send for persons and papers, and, if necessary, 
to compel attendance and production of papers by attachment or 
otherwise. 

Code, s. 2853; 1868-9, c. 50, s. 1. 

4315. Chairman of committees may administer oaths. The 

chairman of any committee or any person in his presence, and under 
his directions, shall have power and authority to administer oaths. 

Code. s. 2856; 1869-70, c. 5. s. 3. 

4316. Pay Of Witnesses before. Any witness appearing and giv- 
ing testimony shall be entitled to receive from the person at whose 
instance he was summoned ten cents for every 'mile traveling to and 
from his residence, and ferriage, to be recovered before any justice 
of the peace upon the certificate of the commissioner. 

Code, s. 2860; R. C, c. 52, s. 33: 1800. c. 557. s. 2. 

4317. How right to appear before committee obtained. Every 

person desiring to appear either in person or by attorney to intro- 
duce testimony, or to offer argument for or against the passage of 
an act or resolution, before any committee of either house of the 
general assembly, shall first make application to such committee, 
stating in writing his object, the number and names of his witnesses, 

163 



4317 GENEKAL ASSEMBLY— V. Investigating Com. Ch 96 

and the nature of their testimony. If the committee consider the 
information likely to be important, or the interest of the applicant 
to be great, they shall appoint a time and place for hearing the 
same, with such limitations as may be deemed necessary. 

Code, s. 2858; 1868-9, c. 270, s. 10. 

4318. Citizen's right to be heard before committees; right de- 
nied, may appeal to hOUSe. If any committee shall refuse to grant 
the request of any citizen to be heard before it in a matter touching 
his interests, he may appeal to the house of which the committee is 
a part; and if he show good reason for his request the house shall 
order it to be granted. 

Code, s. 2859; 1868-9, c. 270, s. 11. 

VI. Journals and Acts. 

4319. When acts take effect. Acts of the general assembly shall 
be in force only from and after thirty days after the adjournment 
of the session in which they shall have passed, unless the commence- 
ment of the operation thereof be expressly otherwise directed. 

Code, s. 2862; R. C, c. 52, s. 35; 1799, c. 527; 1868-9, e. 270, s. 1. 

4320. Notice given Of private acts. Any person who may desire 
the passage of a private law shall give notice of his intention to 
make application by advertisement in some newspaper of the state 
which circulates in the county where the applicant resides, or in 
which such private law will operate ; or by advertisement at the 
door of the courthouse and three other public places in such county, 
for at least thirty days before the application; and, when any pri- 
vate bill shall be introduced, a copy of such advertisement, with 
due proof of its having been so published, shall be produced, before 
the second reading thereof. 

Const., Art. il, s. 12; Code, s. 2861; R. C, c. 52, s. 34; 1796, c. 466, s. 2; 1835, 
c. 15. 

4321. Bills to pay teachers' salaries. No bill for the payment 

of any claim for teachers' salaries shall be introduced in either 
house of the general assembly unless the claim shall have been ap- 
proved by the chairman of the county board of education and by 
the county superintendent, and unless a certificate from the county 
superintendent stating that the debt was contracted by unavoidable 
mistake on the part of the teacher and the school committee shall 
be attached to and accompany the bill when introduced. 

1903, c. 435, s. 16. 

4322. Journals deposited with secretary of state. The princi- 
pal clerks of the senate and house of representatives, as soon as may 
be practicable after the close of each session, shall deposit in the 

164 



4322 GENERAL ASSEMBLY— VI. Journals and Acts. Ch. 96 

office of the secretary of state the journals of the general assembly ; 
and the secretary of state shall make and certify copies of any part 
or entry of said journals, and may take for the copy of each entry 
made and certified the same fee as for the copy of a grant. 

Code, s. 2867; R. C, c. 52, s. 36; 1819, c. 1020. 

4323. Journals indexed by clerks. The principal clerks of the 

two houses of the general assembly shall provide full and complete 
indexes for the journals of their respective houses. i 

Code, s. 2868; 1866-7, c. 71; 1881, c. 292. 

4324. How enrolled; duties of secretary of state as to. All 

bills passed by the general assembly shall be enrolled for ratification 
under the supervision and direction of the secretary of state. All 
bills so enrolled shall be typewritten, or written with pen and ink, 
in the discretion of the secretary of state. The secretary of state 
is authorized to rent a sufficient number of typewriters, and employ 
a sufficient number of copyists, for the purpose of doing this work. 
He is further authorized to appoint one chief clerk and such assist- 
ants as may be necessary to supervise the enrollment of all bills and 
resolutions. 
1903, e. 5. 

4325. Secretary of state to prepare index to acts. The secre- 
tary of state shall biennially, at the beginning of each regular ses- 
sion of the general assembly, apppoint an assistant, whose duties it 
shall be to prepare for publication the indexes, side or marginal 
notes and captions to the acts and resolutions, both public and pri- 
vate, ratified by the general assembly. 

1903, c. 3. 

4326. Secretary of state to publish captions of acts. The sec- 
retary of state, with the aid of said assistant, shall immediately, 
upon the adjournment of any regular session of the general assem- 
bly, publish three thousand captions of all the acts and resolutions 
ratified at such session and distribute the same among the members 
of said body. 

1903, c. 3, s. 2. 

4327. Secretary of state to have laws printed. The secretary 

of state, within thirty days after the termination of each session of 
the general assembly, shall cause to be published by the state printer 
all the laws and joint resolutions passed at such session ; and each 
volume shall contain his certificate that it was printed under his 
direction from enrolled copies on file in his office. In the printing 
he shall omit the certificate required to be indorsed upon the original 

165 



4327 GENERAL ASSEMBLY— "FT. Journals and Acts. Ch. 96 

bills ; but be shall insert immediately after the title of each law the 
word "ratified," adding the day, month and year. 
Code, s. 2869; 1868-9, e. 270, s. 14. 

VII. Employees. 

4328. Principal clerk; term of office; duties. The principal 

clerk of each house of the general assembly shall hold his office for 
the term of two years, or until another is appointed; shall be pres- 
ent at such time and place as may be fixed for the meeting of the 
general assembly, and on the first day thereof, and perform the 
duties of his office. 

Code, s. 2870; R. C, c. 52, s. 37; 1846, e. 63. 

4329. Temporary doorkeepers, how appointed. The keeper of 

the eapitol (and if there be none, then the secretary of state) shall 
employ two suitable persons to place the two halls of the general as- 
sembly in order and wait upon the members, until doorkeepers can 
be regularly appointed. 

Code, s. 2871; R. C, c. 52, s. 38; 1846, c. 63, s. 5. 

4330. Doorkeeper's term of office. The term of office of the 

doorkeeper of each house shall be two years, or until his successor is 
appointed. 

Code, s. 2863; 1868-9, c. 270, s. 7. 



CHAPTER 97. 
HEALTH. 



I. 


State board, 


n. 


Auxiliary board, 


in. 


Sanitary committee, 


IV. 


County superintendent, 


V. 


Public protected, 


VI. 


Dentistry, 


VII. 


Pharmaceutists, 


VIII. 


Medicine, 


IX. 


Inland quarantine, 


X. 


Quarantine. 



Sections. 
4331—4338 
4339 
4340 
4341—4347 
4348—4358 
4359—4366 
4367—4376 
4377—4391 
4392 — 4395 
4396—4424 



I. State Board. 



4331. HOW elected. The medical society of the state of North 
Carolina shall choose from its numbers by ballot four members, and 
the governor of the state shall appoint five other persons (one of 

166 



4331 HEALTH—/. State Board. Ch. 1)7 

whom shall be a sanitary engineer) and they shall constitute The 
Xorth Carolina Board of Health. 

Code, s. 2875; 1885, c. 237, s. 1; 1893, c. 214, s. 1; 1879, c. 177, s. 1. 

4332. Term of office; vacancies, how filled. The members of 

the board of health elected by the state medical society shall be 
chosen to serve six years. Their term of office shall begin immedi- 
ately npon the expiration of the meeting at which they were elected. 
Those appointed by the governor shall serve six years, their term of 
office beginning with the first regular meeting of the board after 
their appointment. In case of death or resignation the board shall 
elect new members to fill the unexpired term: Provided, the gov- 
ernor shall fill such vacancies as may occur where he has made ap- 
pointments. 

Code, s. 2877; 1885, e. 237, s. 3; 1893, c. 214, s. 2; 1879, c. 117, s. 3; 1901, e. 245. 

4333. Duties Of. The board of health shall take cognizance of 
the health interest of the people of the state, shall make sanitary 
investigations and inquiries in respect to the people, employing ex- 
perts when necessary ; shall investigate the causes of disease dan- 
gerous to the public health, especially epidemics, the sources of 
mortality, the effect of locations, employments and conditions upon 
the public health. They shall gather such information upon all 
these matters for distribution among the people, with the especial 
purpose of informing them abotit preventable diseases. They shall 
be the medical advisers of the state and are herein specially pro- 
vided for, and shall advise the government in regard to the location, 
sanitary construction and management of all state institutions, and 
shall direct the attention of the state to such sanitary matters as in 
their judgment affect the industries, prosperity, health and lives 
of the people of the state. They may make an inspection once in 
each year, and at such other times as they may be requested to do so 
by the state board of charities, of all public state institutions, includ- 
ing all convict camps under the control of the state's prison, and 
make a report as to their sanitary condition, with suggestions and 
recommendations to their respective boards of directors or trustees; 
and it shall be the duty of the officials in immediate charge of said 
institutions to furnish all facilities necessary for a thorough inspec- 
tion. The secretary of the board shall make biennially to the gen- 
eral assembly, through the governor, a report of their work. 

Code, s. 2876; 1885, c. 237, s. 2; 1893, e. 214. s. 3; 1879. c. 117. S. 2. 

4334. May make regulations for certain towns, when. In times 

of epidemics of smallpox, yellow fever, typhoid fever, scarlet fever, 
diphtheria, typhus fever, cholera, the state board of health shall 
have sanitary jurisdiction in all cities and towns not having regu- 

107 



4334 HEALTH— I. State Board. Ch. 97 

larly organized local boards of health, and are hereby empowered to 
make all such regulations as they may deem necessary to protect the 
public health, and may enforce them by suitable penalties. 

1893, c. 214, s. 17. 

Note. See infra, subchapter Inland Qnarrantine. 

4335. Bulletins of disease issued; rules made to check dis- 
ease; investigations made; pay of members for. Bulletins of the 

outbreak of disease dangerous to the public health shall be issued 
by the state board whenever necessary, and such advice freely dis- 
seminated to prevent and check the invasion of disease into any part 
of the state. It shall also be the duty of the board to inquire into 
any outbreak of disease by personal visits or by any method the 
board shall direct. The compensation of members on such duty 
shall be four dollars a day and all necessary traveling and hotel 
expenses. 

1893, e. 214, s. 26. 

4336. Officers of; salary of secretary; pay of members. The 

state board shall have a president and a secretary, who shall also be 
treasurer, to be elected from the members composing the board. The 
president shall serve six years and the secretary-treasurer six years. 
The secretary-treasurer shall receive such yearly compensation for his 
services as shall be fixed upon by the board, not to exceed one thou- 
sand dollars, but the other members of the board shall receive no pay, 
except that each member shall receive four dollars a day and neces- 
sary traveling and hotel expenses when on actual duty attending the 
meetings of the board or pursuing special investigations in the state, 
but when attending important sanitary meetings in other sections, the 
number of delegates thereto being limited to two, only actual travel- 
ing and hotel expenses shall be allowed. These sums shall be paid by 
the treasurer of the board on authenticated requisition, approved and 
signed by the president. 

Code, ss. 2878, 2881; 1885, c. 237, s. 4; 1893, e. 214, s. 4; 1879, e. 117, ss. 5. 7. 

4337. Time of meeting to elect officers. The meeting of the 

state board of health for the election of officers shall be on the sec- 
ond day of the annual meeting of the medical society of the state of 
ISTorth Carolina in the year one thousand nine hundred and seven, 
and every six years thereafter, and of the county sanitary committee 
for the election of a county superintendent of health on the first 
Monday in May, one thousand nine hundred and seven, and every 
two years thereafter. 

1901, e. 245, s. 4. 

4338. Meetings, time Of. Special meetings of the state board of 
health may be called by the president through the secretary. The 

168 



4338 HEALTH—/. State Board. Ch. 97 

regular annual meetings shall be held at the same time and place 
as the state medical society, at which time the secretary shall sub- 
mit his annual report. 

1893, c. 214, s. 27. 

II. Auxiliary Board. 

4339. Who Composes. There shall be an auxiliary board of 
health in each county, whose function shall be upon the call of the 
chairman of the board of county commissioners to advise the county 
authorities in all matters pertaining to the public health. These 
boards shall be composed of all registered physicians resident in the 
county. 

1901, c. 245, s. 3. 

III. Sanitary Committee. 

4340. How elected; duties; compensation; elect county super- 
intendent. Two physicians shall be selected, one by the chairman of 
the board of county commissioners and one by the mayor of the county 
town, who, together with the board of county commissioners, shall 
constitute the county sanitary committee, of which committee the 
chairman of the board of county commissioners shall be ex officio 
chairman. Their term of office shall be conterminous with that of 
the commissioners with whom they serve, and when on duty they 
shall receive the same compensation as is received by county commis- 
sioners. The county sanitary committee shall have the immediate 
care and responsibility of the health interests of their county. They 
shall make such rules and regulations, pay such fees and salaries and 
impose such penalties as in their judgment may be necessary to pro- 
tect and advance the public health. They shall elect a registered 
physician, not a. member of the sanitary committee, to serve two 
years, with the title of county superintendent of health and shall fix 
his compensation. 

1901, c. 245. s. 3. 

IV. County Superintendent. 

4341. Duties Of. The duty of the county superintendent of 
health shall be to carry out as far as possible such work as may be 
directed by the county sanitary committee and by the state board 
of health. He shall always promptly advise the secretary of the 
state board of health of the unusual prevalence of disease in his 
county, especially of typhoid fever, scarlet fever, diphtheria, yellow 
fever, smallpox and cholera. He shall make the medico-legal post- 
mortem examinations for coroner's inquests, attend the inmates of 
the home for the aged and infirm, and the prisoners in the jail or 
convict camp of his county, and make examinations of lunatics for 

169 



4341 HEALTH— IF. County Superintendent. Ch. 9T 

commitment. He shall be the sanitary inspector of the home and 
jail, including convict camps of his county, making monthly reports 
to the board of county commissioners and to the secretary of the 
state board of health. 
1901, c. 245, s. 3. 

4342. Compensation. The board of county commissioners shall 
fix the salary of the county superintendent of health, which shall be 
paid by the county. 

1897, e. 201, s. 1. 

4343. Reports monthly statistics; penalty for failure. Monthly 

returns of vital statistics, upon a plan to be made by the state board 
of health or their secretary acting under their instructions, shall be 
made by the county superintendent to the secretary of the state board 
and a failure to report by the tenth of the month for the preceding 
month shall subject the delinquent to a fine of one dollar for each 
day of delinquency, and this amount shall be deducted from the 
salary of the superintendent by the board of county commissioners 
on the statement of such delinquency by the secretary of the state 
board of health ; and such secretary is hereby required to notify on 
the eleventh day of each month the chairman of the board of county 
commissioners of such delinquency. The county superintendent 
shall report to the secretary of the state board the presence in his 
county of any case of smallpox, yellow fever, typhus fever or cholera 
within twenty-four hours after it has come to his knowledge, and upon 
failure to make such report within the prescribed time the county 
commissioners shall deduct five dollars from his salary for each day 
of delay in reporting. 

Code, s. 2882; 1893, c. 214, s. 0; 1885, c. 237, s. 8; 1879, e. 117. s. 7. 

4344. Notified of existence of certain diseases; notifies state 

board. When a physician knows that a person whom he is called 
to visit is infected with smallpox, diphtheria, scarlet fever, typhus 
fever, yellow fever or cholera he shall immediately give notice 
thereof to the health officer or mayor, if the sick person be in a city 
or incorporated town, otherwise to the county superintendent of 
health. And it shall be the duty of the said county superintendent, 
health officer or mayor receiving such notice of the presence of a 
case of smallpox, yellow fever, typhus fever or cholera within his 
jurisdiction to communicate the same immediately by mail or tele- 
graph to the secretary of the state board of health. 

1893, c. 214, s. 11. 

Note. Failure to comply with this section, see Crimes. 

4345. Keeps record of disease; notifies schools. The county 

superintendent of health, or the board of health in the several cities 

170 



4345 HEALTH— IV. County Superintendent. Oh. 97 

and towns where organized, otherwise the authorities of said cities 
or towns, shall cause a record to be kept of all reports received in 
pursuance of the preceding sections, and such records shall contain 
the names of all persons who are sick, the localities in which they 
live, the diseases with which they are affected, together with the 
date and names of all persons reporting any such cases. The boards 
of health of cities and towns wherever organized, and where not, the 
mayors of the same, and in other cases the county superintendent 
of health, shall give the school committee of the city or town, the 
principals of private schools and the superintendent of public instruc- 
tion of the county, when the schools are in session, notice of all 
such cases of contagious diseases reported to them according to the 
provisions of this chapter. 

1893, c. 214, s. 12. 

Note. Violation of this section a misdemeanor, see Crimes. 

4346. Nuisances, abated under supervision of. Whenever and 

wherever a nuisance upon premises shall exist which in the opinion 
of the county superintendent of health, is dangerous to the public 
health, it shall be his duty to notify in writing the parties occupying 
the premises, or the owner, if the premises are not occupied, of its 
existence, its character and the means of abating it. Upon this 
notification the parties shall proceed to abate the nuisance : Pro- 
vided, however, that if the party notified shall make oath or affirma- 
tion before a justice of the peace of his or her inability to carry 
out the directions of the superintendent, it shall be done at the ex- 
pense of the town, city or county in which the offender lives. In 
the latter case the limit of the expense chargeable to the city, town 
or county shall not be more than one hundred dollars in any case : 
Provided further, that nothing in this section shall be construed to 
give the superintendent the power to destroy or injure property 
without a due process of law as now exists for the abatement of 
nuisances. 

1893, c. 214, s. 22. 

Note. Violation of this section a misdemeanor, see Crimes. 

4347. Vaccination by. On the appearance of a case of smallpox 
in any neighborhood all due diligence shall be used by the superin- 
tendent of health that warning shall be given, and all persons not 
able to pay shall be vaccinated free of charge by him, and the 
county superintendent shall vaccinate every person admitted into 
a public institution, jail, county home, public school, as soon as 
practicable, unless he is satisfied upon examination that the person 
is already successfully vaccinated ; the money for vaccine to be fur- 
nished by the county commissioners. The authorities of any city 
or town or the sanitary committee of any county, may make such 

171 



4347 HEALTH— IV. County Superintendent. CL 97 

regulations and provisions for the vaccination of its inhabitants and 
impose such penalties as they may deem necessary to protect the 
public health. 

1893, c. 214, s. 23; 1901, e. 245, s. 7. 

Note. Violation of this section a misdemeanor, see Crimes. 

V. Public Protected. 

4348. Householder to disinfect. When a householder knows 
that a person within his family is sick with either of the diseases 
enumerated in section forty-three hundred and ninety-four, he shall 
immediately give notice thereof to the health officer or mayor, if he 
resides in a city or incorporated town, otherwise to the county super- 
intendent of health, and upon the death or recovery or removal of 
such person, the rooms occupied and the articles used by him shall 
be disinfected by such householder in the manner indicated in sec- 
tion forty-three hundred and ninety-four. 

1893, c. 214, s. 10. 

Note. For violation of this section, see Crimes. 

4349. Children kept from school, when. The school committees 

of public schools, superintendents of graded schools and the princi- 
pals of private schools shall not allow any pupil to attend the school 
under their control while any member of the household to which said 
pupil belongs is sick of either smallpox, diphtheria, measles, scarlet 
fever, yellow fever, typhus fever or cholera, mumps or itch, or during 
a period of two weeks after the death, recovery or removal of such 
sick person; and any pupil coming from such household shall be 
required to present to the teacher of the school the pupil desires to 
attend a certificate from the attending physician, city health offi- 
cer or county superintendent of health of the facts necessary to en- 
title him to admission in accordance with the above regulations. 
The instructions in accordance with the provisions of this section 
given to the teachers of the schools within twenty-four hours after 
the receipt of each and every notice shall be deemed performance of 
duty on the part of the school committee. 

1893, c. 214, s. 13; 1903, c. 690. 

Note. Violation of this section a misdemeanor, see Crimes. 

4350. Towns and cities may make rules to protect. The au- 
thorities of any city or town, not already authorized in its charter, 
are hereby authorized to make such regulations, pay such fees and 
salaries and impose such penalties as in their judgment may be neces- 
sary for the protection and the advancement of the health. 

1893, c. 214, s. 25. 



172 



4351 HEALTH— 7. Public Protected. Ch. 97 

4351. County commissioners may levy special tax to protect, 

When. The board of county commissioners of each county is hereby 
authorized at any time to levy a special tax to be expended under 
the direction of a committee composed of the chairman of the board 
of county commissioners and the county superintendent of health 
for the preservation of the public health. 

1893, c. 214, s. 24. 

4352. Contingent fund. A contingent fund of five thousand dol- 
lars is appropriated, subject to the auditor's warrant, upon the recom- 
mendation of the governor, to be expended in pursuance of the pro- 
visions of this chapter when rendered necessary by a visitation of 
cholera or any other pestilential disease. • 

1893, e. 214, s. 29. 

4353. Annual appropriation. For carrying out the provisions of 
this chapter as to the duties of the state board of health, two thou- 
sand dollars, or so much thereof as may be necessary, are hereby 
annually appropriated, to be paid on reqiiisition to be signed by the 
secretary and president of the state board of health ; and the printing 
and stationery necessary for the board to be furnished upon requisi- 
tion upon the state printer. A yearly statement shall be made to 
the governor of all moneys received and expended in pursuance of 
this chapter. 

1893, c. 214, s. 28. 

4354. Powers of local boards, not affected. Nothing in this 

chapter shall operate as a repeal or abridgement of powers con- 
ferred by any special act on any local board of health. 
1893, e. 214, s. 30. 

4355. Bodies of persons dying of certain diseases, how trans- 
ported. ISTo railroad corporation or other common carrier or per- 
sons shall convey or cause to be conveyed through or from any city, 
town or county in this state the remains of any person who has died 
of smallpox, measles, scarlet fever, diphtheria, typhus fever, yellow 
fever or cholera until such body has been disinfected and encased in 
such manner as shall be directed by the state board of health, so as 
to preclude any danger of communicating the disease to others by 
its transportation; and no local registrar, clerk or health officer or 
any other person shall give a permit for the removal of such body 
until he has received from the board of health of the city or from 
the board of aldermen or town commissioners, the county superin- 
tendent of the city, town or county where the death occurred, a cer- 
tificate stating the cause of death and that the said body has been 
prepared in the manner set forth in this section; which certificate 
shall be delivered in duplicate to the agent or person who receives 

173 



4355 HEALTH— V. Public Protected. Oh. 97 

the body and one copy shall be pasted on the box containing the 
corpse ; said certificate shall be furnished in blank by the transpor- 
tation company when no local board of health exists. During an 
epidemic of cholera all common carriers shall so arrange their water- 
closets as to catch in water-tight receptacles the dejections of all 
persons using the same and shall disinfect the said dejections in a 
manner satisfactory to the state board of health before emptying 
them. 

1893, c. 214, s. 16. 

4356. Police officers of towns to provide against contagious 

diseases. When an infectious disease shall be raging in any part 
of the state or in any part of the United States, the officers of police 
of any incorporated town, who may have well founded apprehen- 
sions that their town is in danger of being visited by such disease, 
may take such precautionary measures and provide such penalties 
for the breach of them as may seem necessary and proper, the 
expense of which they are authorized to defray out of any money 
at the time in their town treasury ; or, if that should not be in a 
situation to sustain the expense, to borrow such sum as may be neces- 
sary to defray the same, and afterwards to raise the amount by tax 
on the inhabitants of such town, over and above the ordinary taxes 
levied for the current expenses of the town. 

Code, s. 2909; R. C, c. 94, s. 17; 1824, c. 1232, s. 1. 

4357. Lots drained; penalty for neglect. Every person, pos- 
sessed of a lot in any seaport town, which from its low or sunken 
situation is liable to retain tide, or rain water, or on which cellars 
or foundations for buildings may be dug (whether a tenement be 
erected over the same or not), shall during the months of June, 
July, August, September and October, preserve and keep the said 
lot, cellars, and foundations dry and free from stagnant or putrid 
waters and other filth ; and any person offending herein shall forfeit 
and pay five dollars for the use of the town, for every week he shall 
suffer such stagnant or putrid water, or other filth, to remain therein. 
And if the said owner shall, notwithstanding the above provisions, 
neglect to remove such stagnant or putrid water or other filth, the 
commissioners of the town may employ any person, upon such terms 
as to them may seem reasonable and just, to remove such filth or 
stagnant or putrid waters ; and the expense shall be considered as a 
further fine for not complying with this section, and shall be col- 
lected accordingly, and shall also be a lien upon the lot upon which 
the same has been expended. 

Code, s. 2908; R. C, e. 94. s. 16; 1815, c. 893, s. 2. 



174 



4358 HEALTH— V. Public Protected. Ch. 97 

4358. Nuisances in seaport towns, what are. All ponds of 

stagnant water, all cellars and foundations of houses, whose bottoms 
contain stagnant and putrid water ; all dead and putrefied animals 
lying about the docks, streets, lanes, alleys, vacant lots, or yards ; 
all privies that have no wells sunk under them; all slaughter-houses, 
all docks whose bottoms are alternately wet and dry by the ebbing 
and flowing of the tide, all accumulations of vegetable and animal 
substances undergoing putrefactive fermentation, in any of the sea- 
port towns of the state, are declared common nuisances, productive 
of offensive vapors and noxious exhalations, the causes of disease, 
and ought to be restrained, regulated and removed. 

Code, s. 2907; R. C, c. 94, s. 15; 1815, c. 893, s. 1. 

VI. Dentistry. 

4359. Board of examiners, how elected. The board of exami- 
ners for the examination of those desiring to obtain a certificate to 
engage in the practice of dentistry shall consist of six members of 
the North Carolina dental society, to be elected by the said society 
at its next annual meeting and shall hold office as follows : Two for 
one year, two for two years, and two for three years, and until their 
successors are elected. The said board shall also have power to fill 
all vacancies for unexpired terms, and they shall be responsible to 
said state society for their acts. 

Code, s. 3149; 1879, e. 139, s. 2.' 

4360. Meetings Of the board. The board of examiners shall 
meet annually at the time and place of the meeting of the North 
Carolina dental society, and at such other times and places as the 
said board, or any four members thereof, shall agree upon to conduct 
the examination of applicants, thirty days' notice of said meeting 
being given by advertising in at least three newspapers published in 
this state. 

Code, s. 3150; 1879, e. 139, s. 3. 

4361. Quorum. Four members of said board shall constitute a 
quorum for the transaction of business, and should a quorum not be 
present on the day appointed for the meeting of said board, those 
present may adjourn from day to day until a quorum is present. 

Code, s. 3153; 1879, c. 139, s. 6. 

4362. Board to keep record of those licensed. Such board shall 

keep a book in which shall be entered the names and proficiency of 
all persons to whom certificates may be granted under this chapter, 
and the date of granting such certificate, and the book so provided 
shall be deemed a book of record, and a transcript of any such entry 

175 



4362 HEALTH— VI. Dentistry. Oh. 97 

therein, certified to under the hand of the secretary and seal of the 
North Carolina dental society, shall be admitted as evidence in any 
court when the same shall be otherwise competent. 
Code, s. 3152; 1879, e. 139, s. 5. 

4363. Board grants certificates to practice, when. Such board 

shall grant a certificate of proficiency in the knowledge and prac- 
tice of dentistry to all applicants who shall undergo a satisfactory 
examination, and who shall receive a majority of votes of said board 
upon such proficiency, which certificate shall be signed by the mem- 
bers of the board conducting said examination, and shall bear the 
seal of the said North Carolina dental society: Provided, any per- 
son wishing to engage in the practice of dentistry at any time prior 
to the regular meeting of said board may be examined by any one 
member of said board, and if competent may receive a temporary 
certificate, which shall be in force only until the next regular meet- 
ing, and no member of said board shall grant a temporary certificate 
a second time to the same person. 

Code, s. 3151; 1879, c. 139, s. 4, 

4364. Must Obtain license to practice. No person shall engage 
in the practice of dentistry who has not graduated at a reputa- 
ble dental school and who has not obtained a certificate from a 
board of examiners duly authorized and appointed in accordance 
with this chapter. The certificate shall be registered in the office of 
the clerk of the superior court of the county in which such person 
proposes to practice. The failure on the part of any person holding 
such certificate to register the same as above directed for a period 
of six months shall work a forfeiture of the certificate ; no certificate 
when once forfeited shall be restored, except upon the payment to 
said board of examiners of the sum of twenty-five dollars as a pen- 
alty for such failure ; such penalty to go to the school fund of the 
county. The clerk's fee for recording such certificate shall be fifty 
cents. 

Code, ss. 3148, 3155; 1887, c. 178, ss. 1. 2; 1891, c. 251; 1879, c. 139, SS. 1, 8. 

4365. Fees Charged for license. In order to provide means for 
carrying out and maintaining the provisions of this chapter such 
board of examiners may charge a fee of ten dollars for each person 
applying for a certificate, temporary or permanent, which in no case 
shall be returned, and the funds so derived shall be placed in the 
hands of the secretary to be used in defraying the necessary expenses 
in conducting the meetings of said board, and under no circumstances 
shall any part of such expense come out of the treasury of the state. 

1887, e. 178, s. 3. 

4366. Certain persons exempted. This chapter shall not apply 

to any person who was engaged in the practice of dentistry in this 

176 



4366 HEALTH— VI. Dentistry. Ch. 97 

state before the seventh day of March, one thousand eight hundred 
and seventy-nine, if on or before the twenty-fifth day of February, 
one thousand eight hundred and ninety, such person filed a verified 
statement with the secretary of the board of examiners appointed 
by the state dental association showing his name, residence, date 
of diploma or license, and date of commencing the practice of den- 
tistry. This subchapter shall not prevent any one from extracting 
teeth. 

Code, s. 3156; 1887, c. 179, ss. 4, 5; 1889, c. 228; 1879. c. 139, s. 9. 

VII. Pharmaceutists. 

4367. Association incorporated. The North Carolina pharma- 
ceutical association, and the persons composing the same, shall con- 
tinue to be a body politic and corporate under the name and style 
of the North Carolina Pharmaceutical Association, and by said name 
shall have the right to sue and be sued, to plead and be impleaded, 
to purchase and hold real estate and grant the same, to have and to 
use a common seal, and to do such other things and perform such 
other acts as appertain to bodies corporate and politic not incon- 
sistent with the constitution and laws of the state. 

Code, s. 3135; 1881, c. 355, s. 1. 

4368. Object Of association. The object of said association is 
to unite the pharmacists and druggists of this state for mutual aid, 
encouragement and improvement, to encourage scientific research, 
develop pharmaceutical talent, to elevate the standard of profes- 
sional thought, and ultimately restrict the practice of pharmacy to 
properly qualified druggists and apothecaries. 

Code, s. 3136; 1881, c. 355, s. 2. 

4369. Qualification Of membership. Any person, in order to be 
licensed, shall be a graduate of some college of pharmacy, recognized 
by the board of pharmacy, or shall have had three years' practical 
experience in the preparation of physicians' prescriptions, and in 
compounding and vending medicines and poisons, or shall be a licen- 
tiate of the board of pharmacy of North Carolina, or one who is or 
has been a regular practicing physician as hereinafter provided. 

Code, s. 3138; 1891, e. 24, s. 1; 1897, c. 182, s. 1. 

4370. Qualification for membership from experience. Pharma- 
ceutists claiming the right to be licensed under the preceding sec- 
tion, on account of practical experience, shall, within ninety days, 
show to the satisfaction of the board of pharmacy, created by this 
chapter, that they have had three years' practical experience in the 
preparation of physicians' prescriptions, and in compounding and 

R. S. Vol. II— 12 177 



4370 HEALTH— VII. Pharmaceutists. Ch. 97 

vending medicines and poisons. Licentiates in pharmacy must have 
had three years' experience in stores where prescriptions of medical 
practitioners have been prepared, and shall have passed an exami- 
nation before the board of pharmacy. The board of pharmacy may 
license, without further examination, the licentiates of such other 
boards of pharmacy as they may deem proper. 

Code, s. 3139; 1891, c. 24, s. 2; 1897, c. 182, s. 3. 

4371. Registered, only to conduct business. No person, unless 

a licensed pharmaceutist within the meaning of this chapter, except 
as hereinafter provided, shall open or conduct any pharmacy or 
store for retailing, dispensing or compounding medicines or poi- 
sons, nor shall any one not a licensed pharmaceutist prepare physi- 
cians' prescriptions, except under the supervision of a licensed phar- 
maceutist. Nothing herein shall prevent the sale of patent or pro- 
prietary medicines, quinine, epsom salts, castor oil, essence of pep- 
permint, paregoric, laudamim in original package, calomel, cam- 
phor, or sweet oil. . 
Code, s. 3137; 1881, c. 355, s. 3; 1897, c. 182, s. 1. 

4372. Responsible for quality of drugs sold. Every person shall 

be held responsible for the quality of all drugs, chemicals and medi- 
cines he may sell or dispense, with the exception of those sold in 
the original packages of the manufacturers, and also those known 
as "patent medicines ;" and should he intentionally adulterate or 
cause to be adulterated, or expose to sale knowing the same to be 
adulterated, any drugs, chemicals or medical preparations, he shall 
be guilty of a misdemeanor, and liable to a penalty not exceeding one 
hundred dollars, and in addition thereto his name shall be stricken 
from the book of licentiates. Every licensed pharmacist who desires 
to continue the practice of his profession, shall annually thereafter, 
within thirty days preceding the annual meeting of the board of 
pharmacy, pay to the secretary of said board a license fee of one 
dollar, for which he shall receive a renewal of said license. 

Code, s. 3142; 1897, c. 182, s. 6; 1881, c. 355. s. 8. 
See also, s. 3422. 

4373. State board, how elected; term of office. The state board 

of pharmacy shall consist of five members, and the North Carolina 
pharmaceutical association shall annually elect a pharmacist from 
their number to fill the vacancy annually occurring in said board. 
Said pharmacist so elected shall be commissioned by the governor 
and hold office for the term of five years and until his successor 
has been duly elected and qualified. In case of death, resignation 
or removal from the state of any member of said board of pharmacy 
the said beard shall elect in his place a pharmacist, who is a mem- 

178 



4373 HEALTH— VII. Pharmaceutists. Ch. 97 

ber of said association, to serve as a member of the board for the 
remainder of the term. 

Code, s. 3146; 1891, c. 24, s. 5. 

4374. Board of pharmacy; duties of; term of office; elected, 

how; examinations by. The board of pharmacy is empowered to 
transact all business relating to the legal practice of pharmacy; to 
examine into and adjudicate upon all cases of abuse, fraud, adul- 
teration, substitution or malpractice, and to enforce all the provis- 
ions of the law, and to render an annual account to the proper state 
authorities and to the association. Any one examined by the board 
shall pay a fee of five dollars. In case of failure to pass a satis- 
factory examination, he shall be granted a second examination with- 
out the payment of a further fee. It shall be the duty of the mem- 
bers of the board, after receipt of notification of their appointment, 
to appear before the clerk of the superior court of the county in 
which they individually reside, and make and subscribe to an oath 
properly and faithfully to discharge the duties of their office, and 
within thirty days thereafter meet and organize by the election of 
a president, secretary and treasurer of said board. The secretary 
and treasurer shall each be elected to serve for the term of five years, 
and the term of office of the other members shall be determined by 
lot. The board shall hold meetings at least once annually or oftener 
as the business of the board may require. The secretary shall give 
each member of the board not less than ten days' notice of each 
meeting. Three members shall constitute a quorum. It shall be 
the duty of the board to examine all persons applying for examina- 
tion in proper form, and to license such as shall establish their 
rights to be licensed. The secretary and treasurer of said board 
shall be a bonded officer held in bond of one thousand dollars to be 
made to the said North Carolina pharmaceutical association and 
approved by the executive committee of said association. 

Code, s. 3140; 1891, e. 24, s. 3: 1897, c. 182. s. 4: 1881, e. 355, s. 6. 

4375. Members of board, pay of; secretary, duty of; pay of. 

It shall be the duty of the secretary to the board of pharmacy to 
keep a book of licentiates at some convenient place, of which due no- 
tice shall be given through the public press, in which shall be entered 
under the supervision of the board the names and places of business 
of all persons coming under the provisions of this chapter, and a 
statement to be signed by the person making the application of such 
facts in the case as he may claim to justify his application. The 
fee for the licensing of proprietors shall not exceed two dollars, and 
for those in the employ of others shall not exceed one dollar. The 
secretary shall give receipts for all moneys received by him, which 
moneys shall be used for the purpose of defraying the expenses of 

179 



4375 HEALTH— VII. Pharmaceutists. Ch. 97 

the board of pharmacy, and any surplus shall be for the benefit of 
said association. The salary of the secretary shall be fixed by the 
board, and shall be paid out of the fees for examination and license. 
Each member of the board of pharmacy shall be paid the sum of 
five dollars for every day during which he is engaged in the service 
of the board and all necessary expenses incurred in attending the 
meetings of the same. It shall be the duty of the board to investigate 
all complaints of disregard, noncompliance or violation of this chap- 
ter and to bring the same to the notice of the proper prosecuting 
officer whenever there appears to the board reasonable grounds of 
complaint. The board is empowered to make such rules and regu- 
lations as it shall find necessary for carrying into effect this law not 
inconsistent with the purpose and spirit of the same. 

Code, s. 3141; 1891, c. 24, s. 4; 1897, c. 182, s. 5; 1881, c. 355, s. 7. 

4376. Physicians in towns of less than five hundred. Practic- 
ing physicians in towns of less than five hundred may act as phar- 
maceutists in said towns, under this chapter, without obtaining 
license. 

1897, c. 182, s. 8. 

VIII. Medicine. 

4377. Medical Society incorporated. The association of regu- 
larly graduated physicians, calling themselves the state medical so- 
ciety, is hereby declared to be a body politic and corporate, to be 
known and distinguished by the name of The Medical Society of the 
State of North Carolina. 

Code, s. 3121; 1858-9, e. 258, s. 1. 

4378. Board Of examiners. In order to the proper regulation 
of the practice of medicine and surgery, there shall be established a 
board of regularly graduated physicians, to be known by the title 
of The Board of Medical Examiners of the State of North Carolina, 
which shall consist of seven regularly graduated physicians. 

Code, s. 3123; 1858-9, c. 258, ss. 3, 4. 

4379. Medical society appoints examiners. The medical society 

shall have power to appoint the board of medical examiners. 

Code, s. 3126; 1858-9, c. 258. s. 9. 

4380. Board of examiners to elect officers. The board of medi- 
cal examiners are authorized to elect all such officers, and to frame 
all such by-laws as may be necessary, and in the event of any va- 
cancy by death, resignation or otherwise, of any member of said 
board, the board, or a quorum thereof, is empowered to fill such 
vacancy. 

Code, s. 3128; 1858-9, c. 258, s. 11. 

180 



4381 HEALTH— VIII. Medicine. Oh. 97 

4381. Board of examiners, meetings of. The board of medical 

examiners shall assemble at the same time and place when and 
where the medical society assembles, which society shall assemble at 
least once in. every year at such time and place as the said society 
at its next preceding meeting shall have fixed ; and the said board 
shall remain in session from day to clay until all applicants who may 
present themselves for examination within the first five days after 
its meeting shall have been examined and disposed of: Provided, 
that the board may, in its discretion, meet not more than one week 
before the said society, but always in the same place ; and that one 
additional meeting in each year may be held at some suitable point 
in the state, if deemed advisable. 

Code, s. 3127; 1899, c. 93, s. 3; 1870-1, c. . ., s. 11. 

4382. Compensation Of board. The members of the said board 
shall each receive as a compensation for their services four dollars 
per day during the time of their session and in addition thereto 
their traveling expenses to and from their places of meeting by 
the most direct route from their respective places of residence, to be 
paid by the secretary of the board out of any moneys in his hands, 
upon the certificate of the president of the board of medical exam- 
iners. 

Code, s. 3131; 1870-1, c. .., s. 14. 

4383. Secretary Of board. The secretary of the board of medi- 
cal examiners shall give bond with good surety, to the president of 
the board, for the safe-keeping and proper payment of all moneys 
that may come into his hands. 

Code, 8. 3134; 1858-9, c. 258, s. 17. 

4384. Applicants for license examined. It shall be the duty of 

the said board to examine all applicants who shall exhibit a diploma, 
or furnish satisfactory proof of graduation from a medical college 
in good standing requiring an attendance of not less than three 
years and supplying such facilities for clinical instruction as shall 
meet the approval of the said board, for license to practice medicine 
or surgery, or any of the branches thereof, on the following branches 
of medical science : Anatomy, physiology, surgery, pathology, medi- 
cal hygiene, chemistry, pharmacy, materia medica, therapeutics, ob- 
stetrics and the practice of medicine, and if on such examination 
they be found competent, to grant to each applicant a license or 
diploma, authorizing him to practice medicine and surgery, or any 
of the branches thereof. Five members of the board shall constitute 
a quorum and four of those present shall be agreed as to the qualifi- 
cation of the applicant: Provided, that the requirement of three 
years' attendance at school shall not apply to those graduating prior 

181 



4384 HEALTH— VIII. Medicine. Ch. 97 

to January first, nineteen hundred : Provided further, that license 
or other satisfactory evidence of standing as a legal practitioner in 
another state shall be accepted in lieu of a diploma and entitle to ex- 
amination. 

Code, s. 3124; 1858-9, e. 258, s. 5; 1899, e. 93, s. 1. 

4385. Temporary license. To prevent delay and inconvenience, 
two members of the board of medical examiners may grant a tem- 
porary license to any applicant who shall comply with the require- 
ments as to graduation prescribed in the preceding section, and 
make report thereof to the next regular meeting of the board : Pro- 
vided, such temporary license shall not continue in force longer than 
the next regular meeting of the board, and such temporary license 
shall in no case be granted after the applicant has been refused a 
license by the board of medical examiners. 

Code, s. 3125; 1858-9, c. 258, s. 7; 1889, c. 181, s. 3; 1899, c. 93, s. 2. 

4386. Board of examiners to keep a record. The board of ex- 
aminers shall keep a regular record of its proceedings in a book 
kept for that purpose, which shall always be open for inspection, 
and shall cause to be entered in a book kept for that purpose the 
name of each applicant for license, and the name of each applicant 
licensed to practice medicine and surgery, and the time of granting 
the same, together with the names of the members of the board pres- 
ent, and shall publish the names of those licensed in two of the, 
newspapers published in the city of Raleigh, within thirty days 
after the granting of the same. 

Code, s. 3129; 1858-9, c. 258, s. 12. 

4387. License fee. The board shall have power to demand of 
every applicant thus licensed the sum of ten dollars before issuing 
a license or diploma, and the sum of five dollars for each temporary 
license, to be paid to the secretary of the board. 

Code, s. 3130; 1858-9, c. 258. s. 13. 

4388. Not to practice Without license. No person shall practice 
medicine or surgery, nor any of the branches thereof, nor in any 
case prescribe for the cure of diseases for fee or reward, unless he 
shall have been first licensed and registered so to do in the manner 
provided in this chapter, and if any person shall practice medicine 
or surgery without being duly licensed and registered as provided 
in this chapter, he shall not be allowed to maintain any action to 
collect any fee for such services. 

Code, s. 3122; 1858-9, c. 258, s. 2. 

4389. Board may rescind license. The said board shall have the 
power to rescind any license granted by them when upon satisfac- 

182 



4389 HEALTH— VIII. Medicine. Ch. 97 

tory proof it shall appear that any physician thus licensed has been 
guilty of grossly immoral conduct. • 

Code, s. 3133; 1858-9, c. 258. s. 16. 

4390. Must be registered before practicing. Any person desir- 
ing to begin or engage in the practice of medicine or surgery shall 
personally appear before the clerk of the superior court of the county 
in which he resides or practices, for registration as a physician or 
surgeon. The person so applying shall produce and exhibit before 
the clerk of the superior court a license obtained from the board of 
medical examiners of the state, or a diploma issued by a regular 
medical college prior to the seventh day of March, one thousand eight 
hundred and eighty-five, or make oath that he was practicing medi- 
cine or surgery in this state prior to said seventh day of March, one 
thousand eight hundred and eighty-five, and upon such exhibit or 
oath being made as aforesaid, the clerk shall register the date of 
registration, with the name and residence of such applicant, in a 
book to be kept for this purpose in his office, marked "Register of 
Physicians and Surgeons," and shall issue to him a certificate of 
such registration under the seal of the superior court of the county 
upon the form furnished him by the medical society of North Caro- 
lina, for which the clerk shall be entitled to collect from said appli- 
cant a fee of twenty-five cents. The person obtaining said certifi- 
cate shall be entitled to practice medicine' or surgery, or both, in 
the county where the same was obtained, and in any other county in 
this state ; but if he shall remove his residence to another county 
he shall exhibit said certificate to the clei'k of such other county 
and be registered, which registration shall be made by said clerk 
without fee or charge : Provided, that any one having obtained a 
temporary license, as provided in section four thousand three hun- 
dred and eighty-five, shall not be entitled to register, but may practice 
during the time such license shall remain in force. 

1889, e. 181, s. 4; 1891, c. 420; 1899, c. 93, s. 4. 

4391. Blanks furnished to clerks. It shall be the duty of the 

medical society of the state of North Carolina to prescribe a proper 
form of certificates required by this subchapter, and all such blanks 
and forms as the clerk may need to enable him to perform his duties 
under this chapter. 

1889, e. 181, s. 7; 1899, c. 93. s. 4. 

IX. Inland Quarantine. 

4392. Inspectors appointed, when; residents of other states 

Compelled to return, When. The board of health, or in case there is 
no board of health, the board of aldermen or town commissioners of 

183 



4392 HEALTH— IX. Inland Quarantine. Ch. 97 

a city or town or the sanitary committee of a county near to or bor- 
dering upon either of the neighboring states, may appoint, by writ- 
ing, suitable persons to attend at places by which travelers may pass 
from infected places in other states, who may examine such trav- 
elers as may be suspected of bringing any infection dangerous to 
the public health, and if it need be, may restrain them from traveling 
until licensed thereto by the board of health or board of aldermen 
or town commissioners of the city or town to which they may come. 
A traveler coming from such infected place who, without such license, 
travels within this state, except to return by the most direct route 
to the state whence he came, after he has been cautioned to depart 
by the persons so appointed, shall be isolated or ejected, at the dis- 
cretion of the local city or town board of health, or county sanitary 
committee. And all common carriers bringing into this state any 
such persons as named above are hereby required to return them to 
some point without this state, if required by a city, town board of 
health or county sanitary committee. Xothing in this section shall 
prevent the state board of health in time of epidemics from appoint- 
ing such additional examiners as they may deem necessary to the 
preservation of the public health. 

1893, c. 214, s. 15; 1901, c. 245, s. 6. 

Note. Violation of this section a misdemeanor, see Crimes. 

4393. When person quarantined. When a person coming to a 

city or a town from abroad or from some other place in this state 
which is infected or has lately been infected with either of the dis- 
eases mentioned in section forty-three hundred and ninety-four, the 
local board of health where such exists, otherwise the board of alder- 
men or board of town commissioners, or county sanitary committee, 
shall make effective provision in the manner which it judges best for 
the safety of the inhabitants by removing such person to a separate 
house or otherwise, and by providing nurses and other assistance and 
necessaries, which shall be at the charge of the person himself or 
his parents, where able, otherwise at the charge of the city, town 
or county to which he belongs. 

1893, c. 214, s. 14; 1901, c. 245. s. 5. 

4394. Under control of county superintendent. Inland quaran- 
tine shall be under the control of the county superintendent of 
health, who shall see that diseases, especially dangerous to the pub- 
lic health, viz. : Smallpox, diphtheria, scarlet fever, yellow fever, 
typhus fever and cholera, are properly quarantined and isolated 
within twenty-four hours after the case is brought to his knowledge ; 
and that after the death or recovery or removal of a person sick of 
either of the diseases mentioned, the rooms occupied and the articles 
used by the patient are thoroughly disinfected in the manner set 

184 



4394 HEALTH— IX. Inland Quarantine. Oh. 97 

forth in the printed instructions, both as to quarantine and disinfec- 
tion, which shall be furnished him by the secretary of the state 
board of health. The expense of the quarantine and of the disinfec- 
tion shall be borne by the householder in whose family the case 
occurs, if able, otherwise by the city, town or county of which he 
is a resident. The failure on the part of a county superintendent 
of health to perform the duties imposed in this section shall be pun- 
ished by the deduction of five dollars for each day of delinquency 
from his salary by the board of county commissioners ; and if it 
shall appear to the satisfaction of the county board of health that 
the death of any person from the spread of the disease can justly be 
attributed to such failure of duty on his part, he shall be deposed 
from office and a successor immediately elected to fill out his unex- 
pired term : Provided, that the quarantine of ports shall not be inter- 
fered with, but the officers of the local and state boards shall render 
all aid in their power to quarantine officers in the discharge of their 
duties upon the request of the latter : § Provided further, that any 
child or other person may remain in custody and care of parent or 
f ami ly. 

Code, s. 2883; 1893, e. 214, s. 9; 1885, e. 237. s. 9; 1879, c. 117. s. 9. 

4395. In Cities having health Officer. In any city or incorporated 
town having a regularly appointed medical health officer who is a 
member of the county board of health, the duties assigned in the 
preceding section to the county superintendent of health shall be 
performed by such medical health officer for the people of his city 
or town, and he shall be subject to the same penalties for dereliction 
of duty at the hands of the board of aldermen or town commission- 
ers as are directed to be imposed by the county commissioners and 
county board of health upon the superintendent. 

1893. c. 214, s. 9. 

X. Quarantine. 

4396. Who may Control. The commissioners of navigation in the 
respective ports and inlets of the state, the board of health, or the 
commissioners of any seaport town, or the sanitary committee of 
any county, may appoint such place or places as they may think 
proper for vessels to perform quarantine ; and when a vessel shall 
arrive at any port or inlet of this state, having an infectious dis- 
temper on board, or shall come from any place or port which at 
the time of her sailing, or shortly before was infected with any ma- 
lignant disorder, the master and pilot of such vessel shall anchor 
her at the place so appointed, and give immediate information thereof 
to the superintendent of health of the county in which such port is 
situated or to the health officer of such town, who shall thereupon 
cause such vessel and her crew to be examined by the superintendent 

185 



4396 HEALTH— X. Quarantine. Ch. 97 

of health of the county, who shall have power to order and com- 
mand the master of the vessel, crew and passengers to perform such 
quarantine as by him shall be deemed most proper and reasonable 
to check or prevent any infectious distemper from spreading in this 
state, and to require every person on board such vessel strictly to 
perform quarantine, and to obey the orders given by the authority 
of such superintendent of health respecting the victualling, purify- 
ing and cleansing of such vessel and all articles on board, and to 
regulate and control the intercourse of such persons with the inhabi- 
tants of the state, the receiving any person on board or the putting 
them on shore ; and if any pilot or master neglect to give such infor- 
mation as above required, the pilot for such neglect shall forfeit and 
pay one hundred dollars, and the master for a like neglect shall for- 
feit and pay two hundred dollars. In case the master of any vessel 
ordered to perform quarantine should refuse to comply with or fail 
to fulfill the orders for performing quarantine with his vessel, he 
shall forfeit and pay two hundred dollars for each day he shall fail 
to perform the quarantine. The property of the captain, together 
with the vessel and cargo, whether owned by the captain or not,, 
shall be liable for the penalty herein imposed. If there be at the 
port where the vessel enters a port physician, as provided for in this 
subchapter, he shall perform the duties and have all the power by 
this section conferred upon the superintendent of health. The state 
authorities shall co-operate in all matters of quarantine with the 
federal authorities. 

Code, s. 2893; R. C, c. 94, s. 1: 1783, o. 194. s. 12; 1793. c. 379, s. 1; 1802, 
c. 624. 

4397. Vessels from infected ports to anchor at quarantine. If 

any vessel shall be brought into the state from a place which at the 
time of her departure was infected with the yellow fever, smallpox, 
or other infectious disorder ; or if any vessel, arriving in the state, 
shall have the smallpox or yellow fever or other infectious disorder 
on board, or shall have had such disorder on board, during her pas- 
sage to the state, such vessel shall be anchored at the place appointed 
for quarantine, and there remain, until permitted to remove by the 
commissioners of navigation, or by the commissioners of the town 
to which the vessel is bound, or by the superintendent of health. 

Code, s. 2894; R. C, c. 94, s. 2; 1817, c. 946, s. 1. 

4398. Pilots to bring vessels to station; penalty. It shall be 

the duty of all pilots to bring vessels to the visiting station, as they 
may be required from time to time by the quarantine officer, and 
they shall not take any vessel subject to quarantine or visitation, 
past the station, until released by the quarantine officer, and any 
pilot who shall wilfully violate any quarantine regulation shall for- 



4398 HEALTH— X. Quarantine. Ch. 97 

feit his branch or commission, and thence be incapable to act as a 
pilot in any port in the state. 
Code, s. 2917; 1868, c. 33, s. 6. 

4399. Pilots bringing in vessels without certificates; penalty. 

If any pilot shall bring any vessel beyond the place fixed and limited 
by the commissioners of navigation, without a certificate of the 
health officer declaring that there is no danger to be apprehended 
from any infectious disease on board said vessel, such pilot shall 
forfeit his branch or commission, and thence be incapable to act as 
a pilot in any port of the state. 

Code, s. 2904 j R. C, c. 94, s. 12; 1797, c. 486, s. 2. 

4400. Master compelled to declare state of health of crew. 

The said commissioners or superintendent of health may, whenever 
they think proper, require the master of a vessel, on his arrival in 
the state, to declare on oath the state of the health of himself, crew 
and passengers, and the place whence he came. And if any master 
shall give a false declaration, or any physician shall wilfully give a 
false certificate of the health of the persons on board any such vessel, 
he shall forfeit and pay two thousand dollars. 
Code, s. 2901; R. C, e. 94, s. 9; 1793, c. 379, s. 6. 

4401. Vessel removed to. The commissioners of navigation, or 
the commissioners of the town, in the harbor of which any vessel 
shall have arrived in violation of this chapter, or the superintendent 
of health as aforesaid, may use such force as shall be necessary to 
remove said vessel to the place of quarantine ; their reasonable charge 
for which service shall be paid by the master or owner of the vessel, 
and may be recovered of either of them before any court having 
jurisdiction. 

Code, s. 2895; E. C, c. 94, s. 3; 1817, c. 946, s. 2. 

4402. Vessel furnished With provisions. The commissioners or 
justices are empowered and directed to furnish any vessel, ordered 
to ride quarantine, with a sufficient quantity of good wholesome 
provisions, for the expense of which the master, vessel and cargo 
shall be liable. 

Code, s. 2902; R. C, c. 94, s. 10; 1793, c. 379, s. 7. 

4403. Port physicians, how appointed. The commissioners of 

navigation in the several ports of the state, and, where there are no 
such commissioners, the commissioners of the several seaport towns, 
may appoint port physicians, and regulate and prescribe the fees 
to which they shall be respectively entitled, according to the differ- 
ent quarantine stations, which they shall be bound to attend for 
the purpose of inspecting vessels, as required by this chapter, and 

187 



4403 HEALTH— X. Quarantine. Cb. 97 

giving certificates of their situation and condition, in regard to the 
health of their respective crews and passengers. 

Code, s. 2896; R. C., c. 94, s. 3; 1817, c. 940, s. 2. 

4404. Persons going on vessel in; penalty. When any vessel 

shall be directed to perform quarantine, and any person knowing of 
such order, by the information of the master or otherwise, shall go 
on board of such vessel without permission of the commissioners or 
superintendent of health aforesaid, every such person shall forfeit 
and pay one hundred dollars. And if any person shall be permitted 
by the master to come on board, without informing him of the order 
and directions of the commissioners or superintendent of health, the 
master shall forfeit and pay two hundred dollars for every person so 
offending, and four hundred dollars for suffering any person so on 
board to depart his vessel without leave of the commissioners or super- 
intendent of health aforesaid ; and the said commissioners or superin- 
tendent of health are empowered to order every person who shall go 
on board any such vessel to remain there for such length of time as 
they may think proper ; and if he disobey such order, he shall pay 
one hundred dollars. 

Code, s. 2898; R. C. c. 94, s. 0; 1793. c. 379, s. 3. 

4405. Landing goods from vessels in; penalty. If any master 

of a vessel ordered to ride quarantine shall convey, or caiise, or per- 
mit to be conveyed, any article of goods, wares and merchandise 
from his vessel on any other lands, or into any other boat or vessel 
that the said commissioners or superintendent of health shall author- 
ize, he shall forfeit and pay two hundred dollars for every such 
offense. And any other person so conveying, or causing to be con- 
veyed, any article as above mentioned, shall be liable to the like 
penalty. 

Code, s. 2900; R. C, c. 94, s. 8; 1793, c. 379, s. 5. 

4406. Person breaking, returned to. The commissioners or su- 
perintendent of health, respectively, may issue their warrant to any 
sheriff or other officer, commanding him to take the body of any 
person that may have left any vessel ordered to ride quarantine, and 
carry him on board of said vessel ; and the said officer may summon 
such persons to assist him in the execution of the warrant as he may 
see fit. 

Code, s. 2899; R. C, c. 94. s. 7; 1793. c. .379, s. 4. 

4407. Penalty for breaking. When a vessel shall be directed to 
perform quarantine, and any seaman or passenger shall, contrary to 
the order and direction of the commissioners or superintendent of 
health, leave the vessel and land on any other place than they shall 

188 



4407 HEALTH— X. Quarantine. « Oh. 97 

allow of, every person offending shall forfeit and pay two hundred 
dollars for each offense ; and when he shall have left the vessel with 
the master's consent, the master shall pay a like penalty of two hun- 
dred dollars for every such offense of any of his passengers or sea- 
men. 

Code, s. 2897; R. C, c. 94, s. 5; 1793, c. 379, s. 2. 

4408. Fees Charged On Vessels. Every vessel subject to visit 
and inspection shall pay a fee of five dollars, if of less than two hun- 
dred and fifty tons burthen ; if of more than two hundred and fifty 
and less than five hundred tons burthen, eight dollars ; if of more 
than five hundred and less than one thousand tons burthen, ten dol- 
lars ; if over one thousand tons, fifteen dollars, which shall be col- 
lected and accounted for by the medical officer, as provided for in 
this chapter, and every person taken to the hospital shall pay a fee 
not exceeding three dollars per day, until discharged hj the medical 
officer, for the payment of which the vessel shall be responsible, and 
only such vessel shall be subject to visit and inspection as may be 
from ports designated, from time to time, by the medical officer, 
except that all vessels having sickness on board shall be brought to 
the visiting station for examination. 

Code, s. 2916; 1868, e. 33, s. 5; 1891, c. 533. 

4409. Penalty on master of vessel refusing to obey regulations. 

Any master of a vessel who shall refuse to obey the quarantine regu- 
lations, shall forfeit and pay a fine of two hundred dollars for each 
day he shall refuse to obey the same, for which forfeiture the prop- 
erty of the captain, together with the vessel and cargo, shall be held 
responsible. 

Code, s. 2918; 1868, e. 33, s. 7. 

4410. Penalty for violating regulations. Any person who shall 

violate the quarantine regulations, as prescribed from time to time, 
by the medical officers, shall forfeit and pay the sum of two hundred 
dollars for each offense ; and all penalties and forfeitures imposed 
by this chapter, may be recovered before any court having jurisdic- 
tion, one-half to the informer, the other half to the payment of the 
expenses of the quarantine establishment. 

Code, s. 2919; 1868, c. 33, s. 8. 

4411. Quarantine officer may issue warrants. The quarantine 

medical officer may issue a warrant to any sheriff or other officer, 
commanding him to arrest the body of any person violating the quar- 
antine, and have him without delay before some competent jurisdic- 
tion for trial. 

Code, s. 2920; 1868, e. 33, s. 9. 



4412 HEALTH— X. Quarantine. Ch. 97 

4412. Station at Cape Fear river; pay of officer. For the pre- 
servation of the public health there shall.be established opposite Deep- 
Avater Point, near the mouth of the Cape Fear river, a quarantine 
station, where all vessels subject to quarantine shall be brought to 
anchor, and await the inspection of the medical officer, and be 
subject to such rules and regulations as he may prescribe; and the 
rules and regulations so prescribed shall be made from time to time 
as circumstances may require by the quarantine medical officer and 
two physicians of skill and experience, residing in the city of Wil- 
mington, who shall be designated by the president of the state board 
of health, and they shall meet annually on the first Monday in May, 
or as soon thereafter as practicable, and organize for the purposes 
before mentioned by the election of a president and secretary; and 
it shall be the duty of the president to call meetings whenever any 
special emergency shall arise requiring new quarantine rules and 
regulations, and of the secretary to keep a record of all such proceed- 
ings ; and they shall be entitled to compensation for their services 
at the rate of one hundred dollars per year. 

Code, s. 2912; 1889, c. 521; 1868, c. 33, s. 1; 1879, c. 123. 

4413. Governor appoints officer for station. It shall be the 

duty of the governor to designate some physician of experience, who 
shall act as medical quarantine officer for the station, referred to in 
the preceding section, and who shall prescribe such regulations as 
may be necessary for the protection of the inhabitants from in- 
fectious diseases, and all persons shall be bound by such regulations, 
under penalties to be hereafter designated. The quarantine officer 
shall duly advertise all quarantine regulations and cause the pilots 
to be especially notified of them. He shall make a monthly report of 
all receipts and disbursements, and shall pay. over all moneys to 
The treasurer of the state, and shall be removable at the pleasure of 
the governor. 

Code, s. 2913; 1868, c. 33, s. 2. 

4414. Compensation of officer and crew of boat. The com- 
pensation of the quarantine medical officer on the Cape Fear river 
shall be six hundred dollars per year, and the compensation of the 
boat's crew shall be thirty dollars per month each, while regularly 
employed : Provided, one of the crew may be designated by the quar- 
antine officer to take care of the buildings, boats and materials at 
an extra compensation of ten dollars per month while so employed. 

Code, s. 2921; 1889, c. 521, s. 4; 1868, c. 33, s. 10. 

4415. Officer furnished with boat and crew. There shall be 

provided for the use of the quarantine officer on the Cape Fear 
river a suitable boat furnished with all necessary materials, and he 

190 



4415 HEALTH— X. Quarantine. Ch. 97 

shall employ a crew of four men, at such seasons as quarantine regu- 
lations are in force, or when the public health may require it. He 
shall cause the boat to be kept in repair and always ready for service, 
and may employ some competent person for the service ; who shall be 
paid by the state treasurer, on the certificate of the medical officer, 
that the services were necessary and the charges just and reasonable. 

Code, s. 2914; 1868, c. 33, s. 3. 

4416. Station on Cape Fear to be established. There shall 

be established, at the nearest suitable site, opposite the present quar- 
antine anchorage at Deepwater Point, a station to be known and 
designated as 'The North Carolina Station for Maritime Sanita- 
tion.' For the purpose of selecting a suitable site, the quarantine 
board, the chairman of the board of commissioners of navigation and 
pilotage of the port of Wilmington and the mayor of Southport 
shall constitute a board, who shall acquire by purchase, or otherwise, 
sufficient land and water privileges for the purpose — the title to 
which shall be vested in the quarantine board and their successors 
in office, who are hereby constituted trustees to hold said quaran- 
tine site for the state of North Carolina. Upon the site so acquired 
shall be erected such wharves, buildings, apparatus and machinery 
as are necessary for all the purposes of maritime sanitation, and the 
system of sanitation to be used shall be devised by and subject to 
the approval of a board to consist of the quarantine board and the 
president and secretary of the state board of health. The said sta- 
tion, with its wharves, buildings, apparatus and machinery, shall be 
erected under the direction and be under the supervision of the 
quarantine board, and they shall prescribe all such rules and regula- 
tions as are necessary for its government and its maintenance. 
1893, c. 505. 

4417. Quarantine station available for all ports. Such quar- 
antine station established, as provided in the preceding section, 
shall be and the same is hereby made a relief station to which vessels 
having on board persons who have been or are sick with infectious 
diseases, or the baggage of persons who have died of infectious dis- 
ease during the voyage of said vessels applying at any other port or 
ports of North Carolina shall come for disinfection, whenever so 
directed by the quarantine officer of such other port or ports. 

1893, c. 505, s. 3. 

4418. Funds to erect station; when available. For the purpose 

of carrying into effect the provisions of the preceding section the 
sum of twenty thousand dollars is appropriated out of any moneys in 
the state treasury not otherwise appropriated, to be paid from time 
to time as required in the prosecution of the work, on the requisi- 

191 






4418 HEALTH— X. Quarantine. Oh; 97 

tion of the treasurer of the quarantine board and approved by its 
president: Provided, that the funds appropriated by this section 
shall not be paid over by the treasurer until the governor and state 
board of health of North Carolina shall certify to the treasurer that 
there is imminent danger of cholera visiting the city of Wilmington 
or other sections of the state. 

1893, e. 505, s. 2. 

4419. HOW fees used. All fees collected from vessels, as pro- 
vided in section four thousand four hundred and eight, and all 
penalties and forfeitures collected for violations of the quarantine 
regulations of the port of Wilmington, shall constitute a fund in 
the hands of the quarantine board, and shall be used by them for 
the purpose of preserving the site established on the Cape Fear river, 
improving the buildings and wharves and keeping them in repair, 
and for such other purposes as may be necessary for the efficient 
management of the quarantine service. 

1889, c. 521, s. 6. 

4420. Site may be sold and new one bought. If the quarantine 

board, on investigation, shall consider a site further removed from 
inhabited places as essential to the public safety, and shall so rec- 
ommend, it shall be the duty of the governor to sell the present hos- 
pital site at Price's Creek in such manner as he may deem best, 
and make title to the purchaser thereof, and the moneys received for 
said site to turn over to the quarantine board, to be used by them 
for quarantine purposes at some other point as convenient as possi- 
ble to the quarantine anchorage off Deepwater Point. 

1889, c. 521, s. 5. 

4421. Hospitals; how established. The board of county com- 
missioners may establish public hospitals for the county, and the 
commissioners of every incorporated town may do the same for the 
town ; and the said board of county commissioners and the commis- 
sioners of such town may make all such rules, regulations and by- 
laws as they may deem needful for preventing the spread of con- 
tagious and infectious diseases and taking care of the afflicted, the 
same not being inconsistent with law. Nothing in this section shall 
be construed to lessen or impair the power and authority of the 
commissioners of the seaport towns, or the commissioners of navi- 
gation or other officers, under the quarantine laws of the state, to 
prevent the introduction of diseases by vessels arriving at or near 
said seaport towns. 

Code, ss. 2910, 2911; R. C, c. 94, ss. 18, 19; 1824, c. 1232, s. 2. 

4422. Commissioners of seaport towns; powers as to. The 

commissioners of the several seaport towns, and towns having a port 

192 



4422 HEALTH— X. Quarantine. Oh. 97 

of entry, where there are no commissioners of navigation, shall have 
the same power and authority and be subject to the same duties as 
are prescribed for the commissioners of navigation in relation to the 
quarantine of vessels in the ports of their respective towns ; and all 
persons offending against the regulations of the' commissioners of 
such towns shall be subject to the same fines, penalties and forfeit- 
ures as though the said regulations bad been made by the commis- 
sioners of navigation. 

Code, s. 290G; R. C, c. 94, s. 14. 

4423. Commissioners of navigation; powers. The commission- 
ers of navigation of the several seaport towns in the state shall have 
power to appoint a harbor-master and health officer, to prescribe their 
duties and authority, to make rules and regulations for their gov- 
ernment, allow them a reasonable compensation for their services, 
and determine how such compensation is to be paid. And they 
shall have power to pass such by-laws (not inconsistent with the 
laws of the land), for the better regulation of the quarantine to be 
performed by vessels arriving from ports infected or suspected to 
be infected with any infectious disease, and for preventing all in- 
tercourse between such vessels and persons on shore, as to them may 
seem meet and proper, and to enforce obedience to such by-laws, by 
imposing such penalties as they may think proper. 

Code, s. 2905; R. C, c. 94, s. 13. 

4424. Penalties; Who entitled to. All penalties and forfeitures 
imposed by this subchapter may be recovered and applied, one-half 
to the use of the informer, the other half by the commissioners of 
navigation for the use and benefit of the navigation of the port 
within whose jurisdiction the penalty or forfeiture may have been 
incurred. 

Code, s. 2903; R. C, e. 94, s. 11; 1793, c. 379, s. 8. 



CHAPTER 98. 
HISTORICAL COMMISSION. 

( Sections 4425 — 4427.) 

4425. Created; term of office; no compensation. The historical 

commission shall consist of not more than five persons, of whom 
three shall constitute a quorum. They shall be appointed by the gov- 
R. S. Vol. 11—13 193 



4425 HISTOEICAL COMMISSION. Oh. 98 

ernor on the first day of April, one thousand nine hundred and five 
and every two years thereafter, and shall hold office for a term of two 
years from date of their appointment and until their successors are 
appointed and qualified. They shall serve without salary, mileage 
or per diem. 
1903, c. 767, s. 2. 

4426- Duties and powers. It shall be the duty of the commis- 
sion to have collected from the files of old newspapers, from court 
records, church records and elsewhere valuable data pertaining, to 
the history of the state. For this purpose and the transcription and 
preservation thereof the commission shall be authorized to expend 
annually a sum not exceeding five hundred dollars. 

1903, e. 767, ss. 2, 3. 

4427. Documents printed. The documents collected and ap- 
proved by the commission shall be published by the state printer as 
other public printing, and shall be distributed by the state librarian 
under the direction of the commission. 

1903, c. 767, ss. 3, 4. 



CHAPTER 99. 
HOSPITALS FOR INSANE. 



Sections. 



I. General provisions. 4428 — 4432 

II. Management of, 4433 — 4445 

III. Officers of, 4446—4458 

IV. Admission, 4459—4484 
V. Discharge, 4485—4489 

VI. Private, 4490—4501 

VII.. For dangerous. 4502—4512 

I. General Provisions. 

4428. The Several, incorporated. The hospital for the insane, 
located near Morganton, shall be and remain a corporation under 
this name: "The State Hospital at Morganton." The hospital for 
the insane, located near Raleigh, shall be and remain a corporation 
under this name: "The State Hospital at Raleigh." The hospital 
for the insane, located near Goldsboro, shall be and remain a cor- 
poration under this name: "The State Hospital at Goldsboro." 
Under their respective names each corporation is invested with all the 
property and rights heretofore held by each, under whatsoever name 
called or incorporated, and all other corporate names are hereby abol- 

194 



4428 HOSPITALS FOR INSANE—/. Gen. Provisions. Oh. 99 

ished. Hereafter in this chapter, when the ahove names are used, 
they shall be deemed to relate back to and include the corporation, 
under whatsoever name it might heretofore have had. 

Code, ss. 2227, 2240; 1899, c. 1, s. 1. 

4429. May acquire and hold property. The state hospital at 

Morganton, and the state hospital at Raleigh, and the state hospital 
at Goldsboro, may each acquire and hold, for the purpose of its in- 
stitution, real and personal property, by devise, bequest or by any 
manner of gift, purchase or conveyance whatsoever. 
1899, c. 1, s. 2. 

4430. Division of territory between; Goldsboro for colored in- 
sane. The state hospital at Morganton and the state hospital at 
Raleigh shall be exclusively for the accommodation, maintenance, 
care and treatment of the white insane of this state, and the state 
hospital at Goldsboro shall be exclusively for the accommodation, 
maintenance, care and treatment of the colored insane and ine- 
briates of this state. The line heretofore agreed upon by the di- 
rectors of the state hospital at Morganton and the state hospital 
at Raleigh shall be the line of division between the territories of the 
said hospitals, and white insane persons and inebriates settled in 
counties west of said line shall be admitted only into the state 
hospital at Morganton, and white insane persons and inebriates set- 
tled in counties to the east of said line shall be admitted only into 
the state hospital at Raleigh. The board of directors of these two 
hospitals may, by agreement, change said line from time to time 
Avhenever in their opinion such change may be proper, and they may, 
by agreement, transfer patients from one hospital to the other when 
such transfer may be deemed advantageous. That portion of the 
state which is or may hereafter be west of said division line shall be 
known as the western hospital district, and that portion of the state 
which is or may hereafter be east of said line shall be known as the 
eastern hospital district. 

1899, e. 1, ss. 3, 4. 

4431. Croatan insane cared for at Raleigh. It shall be the duty 

of the board of directors of the state hospital at Raleigh as soon as 
practicable to arrange for the care and treatment of all insane and 
inebriate Croatan Indians at the state hospital at Raleigh in a de- 
partment separate and distinct from the white insane and inebriates 
in said hospital. 
1899, c. 355. 

4432. Sheriff carrying patient without authority, penalty. No 

sheriff or other person shall convey a patient to any hospital withottt 

19.5 



4432 HOSPITALS FOR INSANE— I. Gen. Provisions. Ch. 99 

having ascertained that the patient will be admitted, and if any 
sheriff or other person shall carry a patient to a hospital without 
having ascertained that the patient will be admitted, and the patient 
is not admitted, he shall be required to convey the patient back to 
the county of his settlement, and he shall not be repaid by the county 
or hospital for the expenses incurred in carrying the patient to and 
from the hospital. 
1899, c. l, s. 25. 

II. Management of. 

4433. By board of directors; how elected; term of office. Each 

corporation shall be under the management of a board of nine 
directors, no two of whom shall be resident of the same county, nomi- 
nated by the governor and, by and with the advice and consent of a 
majority of the senators-elect, appointed by him, of whom five shall 
be a quorum, except when three of their number are in this chap- 
ter empowered to act for special purposes. Each board of direc- 
tors shall be in classes of three, as they are now divided, and the 
term of office of such classes shall expire as follows : Those of 
the first class, on the first day of April, nineteen hundred and five ; 
of the second class, on the first day of April, nineteen hundred and 
seven; and of the third class, on the first day of April, nineteen hun- 
dred and nine. At the expiration of their said respective terms of 
office, all appointments shall be for a term of six years, except such 
as are made to fill unexpired terms. 

1899, c. 1, s. 5; 1901, c. 712. 

4434. Executive committee; how elected; term of office; duties. 

Each board of directors shall, out of their number, appoint three 
members as an executive committee, who shall hold their respective 
offices as such for one year, and shall have such powers and be subject 
to such duties as the board of directors may delegate to them. 
1899, c. l, s. 6. 

4435. Directors may receive property; salary of. Each board 

of directors shall direct and manage the affairs of their institution 
and shall for its purposes have power to receive, hold, manage, con- 
vey, or otherwise dispose of, in the name of their institution, all such 
property or estate as may hereafter be given or otherwise be con- 
veyed to their corporation; and the members of each board shall 
serve without reward, save their traveling expenses incurred in the 
discharge of their official duties. 
1899, c. 1, s. 7. 

4436. Meeting of directors; when held. Each board of directors 

shall convene at the hospital of which it has charge on the first 

196 



4436 HOSPITALS FOR INSANE—//. Management Oh. 99 

Wednesday after the first Monday in April of each year, and at such 
other times as they shall appoint, and investigate the administration 
of its affairs, and report on the same to the general assembly, with 
such remarks and recommendations as to them shall seem expedient. 
1899, c. 1, s. 8. 

4437. By-laws and rules made by directors; copies sent to clerk 

Superior COUrt. Each board of directors shall make all such by-laws 
and regulations for the government of their institutions as shall 
be necessary; among which regulations shall be such as shall make 
the institution as nearly self-supporting as is consistent with the 
purpose of its creation. 
1899, c. 1, s. 14. 

4438. Funds belonging to; how disposed of. All moneys and 

proceeds of property given to any hospitals, and all moneys arising 
from the sale of any real estate which may be owned by such hos- 
pital, shall be paid into the state treasury, and all donations in 
which there shall be special directions for their application shall be 
kept as a distinct fund and faithfully applied, as the donor may have 
directed ; and the same hospital shall be supported by appropriations 
from the state treasury. But the proceeds arising from the sale of 
personal property belonging to a hospital, the board paid by private 
patients, rentals from real estate, and money from any other sources, 
except the sale of real estate, shall remain with the hospital and be 
used as the board of directors may determine. An account of the 
proceeds of all such income and its expenditure shall be carefully 
kept and published in the report to the general assembly. 
1899, e. 1, s. 34. 

4439. State treasurer, treasurer for; how funds paid out. The 

state treasurer shall be treasurer of said corporations. The state 
treasurer shall keep all accounts of the institutions, and shall pay 
out all moneys upon the warrant of the respective superintendents, 
countersigned by two members of the board of directors, under such 
rules and regulations as the respective boards may establish. 
1899, c. l, s. 11. 

4440. Board of charities and general assembly, visitors; su- 
perintendent reports, tO Whom. The board of public charities and 
the members of the general assembly shall be ex officio visitors of all 
hospitals for the insane. It shall be the duty of the board of public 
charities to visit the hospitals from time to time, as they may deem 
expedient, to examine into their condition and make report thereon 
to the general assembly, with such suggestions and remarks as they 
may think proper. And to the said board, and to the board of direc- 

197 



±U0 HOSPITALS FOE INSANE— II. Management. Ch. 99 

tors of his hospital, and to the general assembly only shall each super- 
intendent be required to make reports or furnish statistics. 
1899, c. l, s. 37. 

4441. Cost of conveying patients to and from hospital; how 

paid. The cost and expenses of conveying every insane person to 
any hospital from any county, or of removing him from the hos- 
pital to his county, or of the return to the county of his settlement, 
as same, shall be paid by the treasurer of such county, upon the 
order of its board of county commissioners. Whenever the board of 
commissioners shall be satisfied that such person has property suf- 
ficient to pay such cost and expenses, or that some other person liable 
for his support and maintenance has property sufficient to pay such 
costs and expenses as aforesaid, they shall bring an action and re; 
cover the amount paid from the said person, or from the other per- 
son liable for his support and maintenance. 

1899. c. 1, s. 32. 

4442. Requirements from person carrying patient to; penalty 

for failure tO Comply. Every sheriff or other person bringing to a 
hospital a patient shall see that the patient is clean, free from con- 
tagious disease and vermin, and that he has clothing proper for the 
season of the year, and in all cases two full suits of underclothing. 

1899, c. 1, s. 24. 

4443. Court may remit any penalties given by this chapter. 

Whenever suit shall be brought against a sheriff or board of county 
commissioners for the recovery of a penalty prescribed for doing 
an act forbidden, or failure to do any act required by this chapter, 
the judge or justice of the peace before whom the action is tried 
may order so much of said penalty to be remitted as in his judgment 
should be remitted to meet the ends of justice, and he shall enter 
up judgment for the amount of the penalty, to be discharged by the 
payment of such a sum as he may think just, and the costs of the 
action. In fixing the amount to be remitted (if the judge or justice 
should think the remission of any part proper), he shall consider 
the costs and expenses that the plaintiff may have been put to, and 
he should also consider the conduct of the defendants ; and there 
ought to be no remission when the act of the defendants is wanton 
or contumacious, or is grossly negligent, 
1899, c. 1, s. 57. 

4444. Fiscal year. The close of the fiscal year shall be the thir- 
tieth day of November in each year, and all accounts and estimates 
shall be made with reference thereto. 

1899, c. 1, s. 38. 

198 



4445 HOSPITALS FOR INSANE— II. Management. Ch. 99 

4445. Board may make ordinances; penalty to violate. Au- 
thority is hereby conferred upon the board of directors of each hos- 
pital and upon the board of directors and superintendent of the 
North Carolina school for the deaf and dumb to enact ordinances 
for the regulation and deportment of persons in the buildings and 
grounds of the institution, and for the suppression of nuisances and 
disorder, and when adopted the ordinances shall be recorded in the 
proceedings of the said board and printed, and a copy posted at the 
entrance to the grounds, and not less than three copies posted at dif- 
ferent places within the grounds, and when so adopted, and printed, 
and posted up, the ordinances shall be binding upon all persons com- 
ing within the grounds. Each board is empowered and directed to 
prescribe penalties for the violation of each section of the ordinances 
so adopted, and if any person violates a section of the ordinances, 
the penalty prescribed may be recovered in a civil action instituted 
in the name of the hospital against the person offending before any 
justice of the peace in the county in which the hospital is situated 
and the sum so recovered shall be used as the board of directors shall 
direct. 

1899, c. 1, s. 54; 1901, c. 027. 

III. Officers of. 

4446. Directors not liable for acts done under this chapter. 

No director or superintendent of any state hospital shall be person- 
ally liable for any act or thing done under or in pursuance of any 
of the provisions of this chapter. 
1899, c. 1, s. 31. 

4447. Superintendent; how appointed; term of office; qualifi- 
cations; hOW removed. Each board of directors shall appoint a 
superintendent of their institution and prescribe his duties. He 
shall be a skilled physician, educated to his profession, of good 
moral character, of prompt business habits, and of kindly disposi- 
tion. He shall hold office for six years from and after his appoint- 
ment, unless sooner removed by said board, who may, for infidelity 
to his trust, gross immorality or incompetency to discharge the duties 
of his office, fully proved and declared, and the proofs thereof re- 
corded in the book of their proceedings, remove him and appoint 
another in his place. 

1899, c. 1, s. 69. 

4448. Powers of superintendent as to. The superintendent of 

each hospital shall exercise exclusive direction and control over all the 
subordinate officers and employees engaged in the service and labors 
of his hospital, and he may discharge such as have been employed 

199 



4448 HOSPITALS FOR INSAKE— III. Officers. Ch. 99 

by himself or his predecessors, and shall report to the board of direc- 
tors of his hospital the misconduct of all subordinates. 

1*899, c. 1, s. 13. 

4449. Superintendent to notify sheriff of escape. Any superin- 
tendent may notify the sheriff within whose county any person sent 
from his hospital on probation, or eseaped therefrom, may be found, 
and thereupon it shall be the duty of such sheriff forthwith to take 
such person and return him to such hospital at the expense of the 
county of the settlement of the patient. 

1899, e. 1, s. 27. 

4450. Assistant physicians; how appointed and removed; 

duties; hOW fixed. Each superintendent shall appoint one or more 
assistant physicians, the number to be fixed by the board of directors. 
The superintendent shall have the power to prescribe the duties of 
each assistant physician, and may suspend him, or any employee, for 
thirty days, for insubordination, immorality, neglect of duty or in- 
competence, and, by and with the advice of the executive committee 
of the board of directors, may remove such assistant physician, or 
employee, for like cause. Each assistant physician shall hold his 
office for two years, unless removed for cause, which shall be specified 
and the action of the superintendent and executive committee re- 
ported to the board of directors, which shall record the same on its 
minutes. 

1899, c. l, s. 10. 

4451. Steward and matron; how appointed and removed. 

Each superintendent shall appoint a steward, and if he shall think 
proper to do so, a matron also, who shall hold their places for one 
year, unless sooner suspended or removed by the superintendent or 
board of directors for good cause, in which case their successors shall 
be appointed for the unexpired terms of those removed. The method 
of procedure for the suspension and removal of assistant physicians, 
contained in the preceding section, shall be followed in the suspensior 
and removal of any steward or matron. 
1899, c. l, s. ll. 

4452. Steward gives bond; amount; condition. The steward, 

before entering upon the discharge of his duties, shall execute to the 
hospital a bond in the sum of two thousand five hundred dollars, 
with sureties, to be approved by the board of directors, conditioned 
for the faithful administration of his duties, and the proper ac- 
counting for and disbursement of all money and property coming 
into his hands. 
1899, c. 1, s. 11. 

200 



4453 HOSPITALS FOR INSANE—///. Officers. CL 99 

4453. Salaries of employees fixed by directors. Each board of 

directors shall fix the salaries and compensation of the superinten- 
dent, and the officers and employees whose services may be necessary 
for the management of the hospital under charge of said board. The 
salaries shall not be diminished during the term of the incumbents. 
The salary of the superintendent shall be a sum certain, without 
other compensation or allowance, except such rooms in the hospital 
for the use of his family, and such articles of food produced on the 
premises as said board of directors may permit. 

1899, c. 1, s. 12. 

4454. Proceedings of directors recorded; may employ a clerk; 

books open to general assembly. Each board of directors shall 
■cause all their proceedings to be faithfully and carefully written 
and recorded in books, and to this end may employ a clerk, and pay 
him a reasonable compensation for his services. The books shall, 
at all times, be open to the inspection of the general assembly. 
1899, c. 1, s. 36. 

4455. Superintendent may appoint employees as policemen, 

Who may arrest Without Warrant. The superintendent of each hos- 
pital and the superintendent of the jSTorth Carolina school for the 
deaf and dumb is each hereby empowered to appoint such number of 
discreet employees of his hospital or school as he may think proper, 
special policemen, and within the grounds of such hospital or school 
the said employees so appointed policemen shall have all the powers 
of policemen of incorporated towns. They shall have the right to 
arrest without warrant persons committing violations of the st.iie 
law or the ordinances of that hospital or school, in their presence, 
and within the grounds of their hospital or school, and carry the 
offend/rs before some justice of the peace for trial. The justice 
of th/ peace shall issue a warrant and proceed as in other criminal 
caseft before him. 

1699, e. 1, s. 55; 1901, e. 627. 

4456. Special policemen to take oath; filed with board of 

directors. Before exercising the duties of a special policeman, the 
employees appointed, as in the preceding section, shall take an oath 
of office before some justice of the peace of the county, or other offi- 
cer empowered to administer oaths, and the same shall be filed with 
the records of the board of directors. The oath of office shall be as 
follows : 

State of North Carolina, County. 

I, , do solemnly swear (or affirm) that I will well and truly execute 

the duties of office of special policeman in and for the state hospital at , 

according to the hest of my skill and ability and according to law; and that 1 
will use my best endeavors to enforce all the ordinances of said hospital, and to 

201 



4456 HOSPITALS FOR INSANE—///. Officers. Ch. 99 

suppress nuisances, and to suppress and prevent disorderly conduct within said 
grounds So help me, God. 

Sworn and subscribed before me, this .... day of , A. D 

1899, c. 1, s. 56; 1901. c. 627. 

4457. Volunteer firemen among employees rewarded. The 

board of directors of each hospital shall have power to provide bene- 
fits, to be paid to any employee of the hospital who shall be injured 
while discharging the duties of a volunteer fireman. And the board 
may inagurate a system by which a fund is 'raised to provide suitable 
benefits for said firemen and may contribute from the funds of said 
hospital for that purpose. The volunteer firemen at the various 
hospitals shall not share in the state firemen's relief fund. 
1899, c. 1, s. 59. 

IV. Admission. 

4459. Idiots not admitted to. No idiot shall be committed to any 
hospital, and for the purpose of this chapter an idiot is defined to 
be a person born deficient in mind or who became deficient before 
the full completion of the twelfth year of age. 

1899, c. 1, s. 18. 

4461. Priority given to indigent; when private nurses provided. 

In the admission of patients to any state hospital, priority of admis- 
sion shall be given to the indigent insane : Provided, that the boards 
of directors may regulate admissions, having in view the curability 
of patients, the welfare of their institutions, and the exigencies of 
particular cases : Provided further, that said boards may, if there be 
sufficient room, admit other than indigent patients. If any inmate 
of any state hospital shall require private apartments, extras or 
private nurses, the directors, if practicable, shall provide the same at 
a fair price to be paid by said patient. 

1899, c. 1, s. 44. 

4462. Settlement of patient; how determined. For the pur- 
poses of this chapter the settlement of every person admitted to a 
state hospital as insane shall be in the county Avhere the actual place 
of his residence at his. admission may be situated, when such settle- 
ment comes in question, but no person can have a settlement in any 
county in this state unless he is a bona fide citizen and resident of 
this state, and was so before mental disease became manifest. 

1899, c. l, s. 28. 

4463. Affidavit of insanity made to procure. For admission 

into a state hospital, the following proceedings shall be had: Some 
respectable citizen, residing in the county of the alleged insane 
person, shall make before and file with the clerk of the superior 

202 



4463 HOSPITALS FOR INSANE— IV. Admission. Oh. 99 

court of the county an affidavit in writing, which shall be substan- 
tially in the following form : 

State of North Carolina, County. 

The undersigned, residing in said county, makes oath that he has carefully 

examined and believes him to be an insane person, and to be, in the 

opinion of the undersigned, a fit subject for admission into a hospital for the 
insane. 

Dated .... day of , A. D 

, Affiant. 

Sworn and subscribed before me, 

Clerk Superior Court. 

1899, c. 1, s. 15. 

4464. Affidavit made; clerk issues order to bring party up for 

examination. Whereupon, unless the person in whose care or cus- 
tody the insane person is, will agree to bring him before said clerk 
without a warrant, or unless the clerk shall be of the opinion that 
it will be injurious to the insane person to be brought before him, the 
clerk shall issue a precept, directed to the sheriff or other lawful 
officer, substantially in the following form : 

State of North Carolina, to the Sheriff or other lawful officer of county — 

Greeting: 

Whereas, information on oath, has been laid before me that is insane, 

you are hereby commanded to bring him before me within the next ten days 
that necessary proceedings may be had thereon. Given under my hand .... day 

of , A. D 

, Clerk Superior Court. 

1899, c. 1, s. 15. 

4465. Clerk causes examination made; who makes. If the al- 
leged insane person be confined in jail otherwise than for crime, the 
sheriff shall remove him from the jail upon the order from the clerk. 
Upon the bringing of the alleged insane person before the clerk 
by his friends, or upon the return of the precept with the body of 
the insane person, the clerk shall call to his assistance the county 
physician of said county, or some other licensed and reputable physi- 
cian, resident of this state, and shall proceed to examine into the 
condition of mind of the alleged insane person. He shall take testi- 
mony of at least one licensed physician, resident of this state, and if 
possible, a member of the family, or some friend or person ac- 
quainted with the alleged insane person, who has had opportunities 
to observe him after such insanity is said to have begun. 

1899, c. 1, s. 15. 

4466. Clerk discharges, when; commits to hospital, when; 

bond for Safe-keeping Of insane party. If the clerk, after his exami- 
nation of the alleged insane person, and the hearing of the testimony 
as aforesaid, shall decide that such person is sane, he shall forthwith 
discharge him. If he shall decide that such person is insane, and 

203 



4466 HOSPITALS FOE INSANE— 77. Admission. Ch. 99 

some friend, as lie may do, will not become bound with good security 
in an amount to be fixed by the clerk to restrain him from commit- 
ting injuries, and to keep, support and take care of him until the 
cause for confinement shall cease, he shall direct such insane per- 
son to be removed to the proper hospital as a patient, and to that 
end he shall direct a warrant to the sheriff, or other officer, and at 
the same time shall transmit to the proper board of directors the 
examination of the witnesses, and the statement of such facts as he 
shall deem pertinent to the subject matter, which warrant shall be 
substantially as follows: 

State of North Carolina, to the Sheriff or other lawful officer of county — 

Greeting : 

Whereas, it has been made to satisfactorily appear to me , clerk of the 

superior court of said county, that , a citizen of the state, is an in- 
sane person, that he has a legal settlement in said county, and is a fit subject for 
a state hospital, and that his being at large is injurious to himself and disadvan- 
tageous if not dangerous to the community: you are hereby commanded to take 

the said , and convey him to the proper hospital, and there deliver 

him to the superintendent thereof for safe-keeping. 

Given under my hand this day of , A. D 

, Clerk Superior Court. 

1899, c. 1, s. 15. 

4467. Clerk examines party at home, when. If the clerk of the 

court shall be of the opinion that it will be injurious to the alleged 
insane person to be brought before him, the clerk shall proceed to 
the residence or habitation of said person and take the examination 
there. 

1899, c. 1, s. 15. 

4468. Justice of the peace acts when; procedure. In a case of 

emergency, when for any reason the clerk of the court can not go 
or is absent from the county, then any justice of the peace is author- 
ized to proceed in like manner by taking the testimony of the phy- 
sician and other witnesses, as is before provided for in this chapter, 
and report the same to the clerk. If the clerk is satisfied that the 
alleged insane person is a fit subject for. a hospital for the insane. 
he shall issue an order for his commitment. In cases of great emer- 
gency or inconvenience, the said justice may commit a patient to a 
hospital, and the superintendent is authorized to receive hiin, but 
the justice shall procure an order from the clerk to be forwarded to 
the superintendent within thirty days. The following fees shall bo 
allowed to the officers who make the examination and they shall bo 
paid by the county in which the alleged insane person is settled, to 
the clerk or justice who makes the examination, two dollars, and if 
the clerk goes to the home of the insane person, he shall be entitled, 
in addition to this sum, to five cents a mile each way. This shall 

204 



4468 HOSPITALS FOR INSANE— IV. Admission. Ch. 99 

cover his entire cost in taking the examination, and making out the 
necessary papers. 
1899, c. 1, s. 15. 

4469. Fees of physician for examination. The physician called 

in the absence of the county physician, shall be entitled to two dol- 
lars with mileage. The sheriff shall be entitled to such fees as are 
now allowed by law for the service of process of similar character. 
The county physician, being a salaried officer, is not allowed any fee 
for his services in this examination. 
1899, e. 1, s. 15. 

4470. Person becoming suddenly violently insane; who may 

Commit. Whenever any citizen or resident of this state becomes sud- 
denly or violently insane, in some county other than that of his set- 
tlement, the proper authorities, as hereinbefore provided, of any 
county in which he shall be, shall have authority to examine him, 
and if necessary commit him to the hospital to which he would 
be sent had he been committed from the county of his own settle- 
ment. 

1899, c 1, s. 16. 

4471. County of settlement pays expense of commitment of 

person; penalty. Immediately upon the commitment to a hospital 
of any such person, a transcript of the proceedings shall be sent to 
the clerk of the county in which he is settled, and that county shall 
pay over to that county from which he was committed all the cost 
of the examination and commitment, and if the board of commission- 
ers of the county of the settlement shall fail to pay all proper ex- 
pense of said proceedings within sixty days after the claim shall 
have been presented, they shall forfeit and pay to the county which 
committed the insane person the sum of two hundred and fifty dol- 
lars, to be recovered by the commissioners of that county in a civil 
action brought in the superior court of that county from which 
the patient was committed to the hospital, against the commissioners 
of the county. 
1899, c 1, s. 16. 

4472. Citizen of another state adjudged insane; procedure. If 

any person not a citizen or resident of this state, but a citizen and 
resident of another state of the United States, shall be ascertained 
to be insane, the clerk of the court shall immediately notify the gov- 
ernor of the state of which the insane person is a citizen, of the facts 
and circumstances by letter (or telegraphic message if he think 
proper), and for a reasonable length of time the insane person shall 
be kept confined or restrained in said county, but shall not be com- 

205 



4472 HOSPITALS FOE INSANE— IV. Admission. Ch. 99 

mitted to any state hospital, and if the state of his citizenship shall 
not provide for the removal from this state to his proper state of 
the insane person within a reasonable time, the county commissioners 
of the county in which he shall have been ascertained to be an insane 
person shall cause him to be conveyed to the state of which he is a 
citizen and delivered there to the sheriff of his county or to the 
superintendent of any state hospital. The cost of such proceedings 
and conveyance away from this state shall be borne by the county in 
which the person shall have been adjudged to be insane. 
1899, c 1, s. 16. 

4473. Alien resident adjudged insane; procedure. If any person, 

not a citizen of the United States, shall be ascertained to be insane, 
the clerk of the court shall immediately notify the governor of this 
state of the name of the insane person, the country of which he is 
a citizen, and his place of residence in said country if the same can 
be ascertained, and such other facts in the case as he may obtain, 
together with a copy of the examination taken ; and the governor 
shall transmit said information and' examination to the secretary of 
state at Washington, D. C, with the request that he inform the 
minister resident or plenipotentiary of the country of which the 
insane person is supposed to be a citizen. 

1899, c 1, s. 16. 

4474. Clerk to keep record; what to record; fees. The clerk 

will keep a record of all examinations of persons alleged to be insane, 
and he shall record in such record a brief summary of the proceed- 
ings and of his findings, and whenever a justice of the peace shall 
transmit to the clerk a report of his proceedings when he shall have 
examined a person under the powers granted under this chapter the 
clerk shall make a record of his proceedings, and for recording the 
justice's proceedings he shall be entitled to a fee of twenty-five cents, 
to be paid by the county aforesaid, and he shall keep a record of all 
probations and discharges provided for in section forty-four hun- 
dred and eighty-six. 
1899, c 1, s. 17. 

4475. None but bona fide residents admitted to hospitals. No 

clerk of the court or justice of the peace shall commit to a hospital 
any person avIio is not a bona fide citizen and resident of this state ; 
and no person who shall have removed into this state from another 
state while insane shall be deemed a resident or citizen of this state, 
and no length of residence in this state of a person who was insane 
at the time he moved into this state shall be sufficient to make that 
person a citizen or resident of North Carolina within the meaning 
of this chapter. 

1899, c. 1, s. 18. 

206 



4476 HOSPITALS FOR INSANE— IV. Admission. Ch. 99 

4476. In examinations findings as to residence made and re- 
ported to superintendents. In every examination of an alleged in- 
sane person it shall be the duty of the clerk or justice of the peace to 
particularly inquire whether the alleged insane person is a resident 
of this state, as hereinbefore set forth, and he shall state his find- 
ings upon the subject in his report to the superintendent of the hos- 
pital. If it is not possible to ascertain the legal residence of the 
alleged insane person, and the clerk or justice of the peace shall be 
of the opinion that the insane person is a resident of this state, within 
the meaning of this law, he shall state that he was unable to ascertain 
the legal residence of the insane person, and shall commit him to the 
hospital of his district. 

1899, c. 1, s. 18. 

4477. Questions answered upon examination; certified to su- 
perintendent. The following questions, with their respective answers 
by at least one licensed physician, resident of this state, and such 
other competent witnesses as the clerk or justice shall determine, 
duly sworn and subscribed by them, and so certified by said clerk or 
justice, shall be transmitted with the other papers to the super- 
intendent of the proper hospital, to be reported as soon as practica- 
ble to the board of directors. Pending the consideration of the 
application by the board of directors, the patient shall remain in 
the custody of the officer or such person as the clerk may designate 
until it can be ascertained if there is room for the patient at the 
hospital : 

Question 1. What is the name of the patient? 

Answer 

Question 2. Is white or colored? 

Answer 

Question 3. What is age? 

Answer 

Question 4. What is the occupation of patient ? 

Answer 

Question 5. Is married or single ; and, if married, for how many 

years? 

Answer 

Question 6. If patient be married woman, state maiden name. 

Answer 

Question 7. Has any education; if so, how much? 

Answer 

Question 8. Where was born ? 

Answer 

Question 9. How many attacks of mental disease has the patient had? 

Answer 

Question 10. What is the supposed cause of the present attack of insanity? 

Answer 

Question 11. Has been subject to epilepsy? 

Answer 

Question 12. How long has been insane? (Count from first 

symptoms of present attack, and give all known symptoms from that time to 
this date.) 

Answer 

207 



4477 HOSPITALS FOE INSANE— IV. Admission. Ch. 99 

Question 13. In what way is the disease exhibited? 

Answer 

Question 14. Has any delusions? If so, what are they? 

Answer 

Question 15. Is destructive to clothing or furniture? 

Answer 

Question 16. Is filthy or indecent? 

Answer 

Question 17. Has the patient manifested any propensity to injure ....self 
or others? If so, in what way and how often? 

Answer 

Question 18. Has ever threatened suicide? 

Answer 

Question 19. Has ever attempted suicide ? 

Answer 

Question 20. Has ever threatened homicide ? 

Answer 

Question 21. Has ever attempted to commit homicide? 

Answer 

Question 22. Has any family; and if so, what persons compose 

it? Age .of youngest child? 

Answer 

Question 23. Are any of them insane, and what is the character of such in- 
sanity? 

Answer 

Question 24. Are parents of the insane person related by blood? If so, what is 
the degree of relationship? 

Answer 

Question 25. Have any of ancestors been insane? If so, state 

what ancestors, and what was the character of their insanity? 

Answer 

Question 26. Are any of relatives deaf, dumb, blind, idiotic, epi- 
leptic or paralyzed? If so, state relationship. 

Answer 

Question 27. What is bodily condition? Chronic or acute physi- 
cal disease? State the diseases and stage of disease (wounds, bruises, rupture, 
pregnancy) . 

Answer 

Question 28. Has any medical treatment been pursued? If so, what kind and 
by whom ? 

Answer 

Question 29. Is in jail? 

Answer 

Question 30. Is in the poorhouse ? 

Answer 

Question 31. Is under any forcible restraint? If so, what? 

Answer 

Question 32. Has patient any property? If so, state in what property con- 
sists, and what is the value thereof? 

A n svvpr 

Question 33. Has the patient received any aid from the county? If so, what? 

Answer • 

Question 34. Give name and postoffice of the nearest relative with whom the 
superintendent of the hospital can correspond, as circumstances require, for the 
benefit of the patient 

Answer 

Name 

Relationship 

P. O. address 



208 



4477 HOSPITALS FOR INSANE— IV. Admission. Ch. 99 

Question 35. Give any information in your possession not embraced in the 
above question which may throw light on the mental or physical condition of 
the patient. 

Answer 

, M. D. 



Witnesses. 

State of North Carolina, County. 

Before , officer, duly authorized to administer an 

oath, this day of , A. D , came , M. D., and 

persons known to be credible and reliable witnesses, and make oath 

that the foregoing answers are true to the best of their knowledge and belief. 



1899, c. 1, s. 19. 

4478. Superintendent in doubt as to; procedure. Whenever any 

insane person shall be conveyed to any hospital, and the superin- 
tendent is in doubt as to the propriety of his admission, he may con- 
vene any three of the board of directors of his hospital, who shall 
constitute a board for the purpose of examining and deciding if 
such person is a proper subject for admission ; and if a majority of 
such board so decide, such person shall be received into said hospital ; 
but a like board may at any time thereafter deliver said insane per- 
son to any friend who will become bound with good surety to re- 
strain him from committing injuries, and to keep, maintain, and 
take care of him, in the same manner as he might have become bound 
under the authority of the clerk of the court. 
1899, c. 1, s. 21. 

4479. Patient exposed to disease, superintendent may refuse 

to receive. The superintendent of the hospital may refuse to receive 
into his institution a patient when he shall have reliable informa- 
tion that the patient has recently been exposed to infectious or con- 
tagious disease, and there is danger of contagion and infection being 
conveyed by the patient, or where the patient comes from a quaran- 
tined community. Whenever a patient is rejected because of any 
of these reasons, the superintendent shall make a record of the appli- 
cation, and as soon as, in his opinion, the danger shall have been 
removed, he shall notify the sheriff of the county, and admit the 
patient into his hospital. 
1899, c. 1, s. 26. 

4480. Patient released on bond; terms not complied with, pa- 
tient returned. Whenever it shall be made to appear to the clerk 
of the superior court of the county of settlement of an insane person 
released on bond that the conditions of the bond are not faithfully 
complied with, said insane person shall be sent back to the proper 
hospital by him, unless some other responsible and discreet friend 

R. S. Vol. 11—14 209 



4480 HOSPITALS FOR INSANE— IV. Admission. Oh. 99 

will undertake to fulfill the duties of said obligation and whenever 
said insane person shall be sent back, he shall not be delivered on 
any new bond of the defaulting obligor. 
1899, c. 1, s. 33. 

4483. Upon patient's OWn application. Any person believing 
himself to be of unsound mind, or threatened with insanity, may 
voluntarily commit himself to the proper hospital. The application 
for commitment shall be in the form following: 

State of North Carolina, County of 

I, , a resident of county, North Carolina, being of 

mind and capable of signifying my wishes, do hereby solicit admission as a 

patient in the state hospital at for such a period of time as the board 

of directors and the superintendent may deem necessary. And I agree in all re- 
spects to conform to the rules and regulations of said institution during the period 
which shall be prescribed by the superintendent and board of directors. 

Attest 

This application shall be accompanied by the certificate of a li- 
censed physician, which certificate shall state that in the opinion of 
the physician the applicant is a fit subject for admission into a 
hospital, and that he recommends his admission. The certificate 
of the clerk of the superior court need not accompany this applica- 
tion. The superintendent may, if he think it a proper application, 
receive the patient thus voluntarily committed, and treat him until 
the next meeting of the board of directors, or of the executive com- 
mittee, and shall report the application and admission to the first 
meeting of either of said boards, and if either of said boards ap- 
prove said admission, the patient shall be considered as having been 
regularly committed, and shall in all respects be treated as such. 
But no report need be made to the clerk of the court of his county 
of settlement. The superintendent and board of directors shall have 
the same control over patients who commit themselves voluntarily^ 
as they have over those committed under the regular proceedings 
hereinbefore provided. And no voluntary patient shall be entitled 
to a discharge until he shall have given the superintendent ten days' 
notice of his desire to be discharged. 

1899, c. l, s. 49, 

4484. Insane person committed to jail, when. When any per- 
son is found to be insane under any of the provisions of this chapter, 
and he can not be immediately admitted to the proper hospital, 
and such person is also found to be subject to such acts of vio- 
lence as threaten injury to himself and danger to the community, 
and he can not otherwise be properly restrained, he may be tem- 
porarily committed to the county jail until a more suitable provision 
can be made for his case. 

1899, c. 1, s. 45. 

210 



4485 HOSPITALS FOR INSANE— V. Discharge. Ch. 99 

V. Discharge. 

4485. County commissioners may discharge insane person, 

When. It shall be the duty of the board of county commissioners, 
by proper order to that effect, to discharge any ascertained insane 
person in their county, not admitted to the appropriate hospital, and 
not committed for crime, when it shall appear upon the certificate of 
two respectable physicians, and the chairman of their board, that 
such insane person ought to be discharged if in a hospital. 
1899, c. 1, s. 20. 

4486. Who may discharge from hospital; sheriff to come for 
discharged patient; expense, how paid. Any three of the board of 

directors of any hospital, upon the superintendent certifying the 
facts (a copy of which certificate shall be sent to the clerk of the 
superior court of the county of settlement), shall be a board to dis- 
charge or remove from their hospital any person admitted as in- 
sane, when such person has become, or is found to be of sane mind, 
or when such person is incurable, and in the opinion of the su- 
perintendent his being at large will not be injurious to himself or 
dangerous to the community, or said board may permit such per- 
son to go to the county of his settlement on probation, when in 
the opinion of the said superintendent it will not be injurious to 
himself or dangerous to the community ; and said board may dis- 
charge or remove such person, upon other sufficient causes appearing 
to them ; and whenever any such person, admitted as indigent, may 
be so discharged or removed, except as sane, it shall be the duty of 
the sheriff of the county of his settlement to convey such person to his 
county at its expense, and any such person discharged as restored or 
probated shall receive from such hospital a sum of money sufficient to 
pay his transportation to the county of his settlement, which sum shall 
be repaid by said county, and, if necessary, the hospital shall provide 
the patient with a decent suit of clothes. When notified by the super- 
intendent to come for and remove any insane person from the hos- 
pital, it shall be the duty of the sheriff of the county, in which the 
insane person has a settlement, forthwith to convey the insane person 
from the hospital to the county of his settlement. The cost of said 
removal shall be advanced by the sheriff and repaid to him by the 
county of insane person's settlement, and if any sheriff, after having 
been notified by the superintendent to remove any insane person, as 
aforesaid, shall fail to do so within fifteen days from the time of 
the receipt of the letter of notice, he shall forfeit and pay to the said 
hospital the sum of fifty dollars, to be collected in the manner herein- 
after provided for the collection of penalties, given in this chapter, 
and if the commissioners of any county shall fail to repay to the hos- 
pital the money disbursed in paying for the necessary clothes and 

211 



4486 HOSPITALS FOE INSANE— V. Discharge. Ch. 99 

traveling expenses of any person discharged as cured from said hos- 
pital, within sixty days after the presentation of a claim therefor, the 
said commissioners shall forfeit and pay to the said hospital the sum 
of fifty dollars to be collected in the manner hereinafter provided for 
the collection of penalties 
1899, c. 1, s. 22. 

4487. Superintendent to discharge temporarily, when. Each 

superintendent may, for the space of thirty days, or until the next 
meeting of the board of three directors provided for in the preced- 
ing section, discharge upon probation any patient, when in his opin- 
ion the same would not prove injurious to the patient or dangeroiis 
to the community. A report of all such probations shall be ren- 
dered to the said board of three directors at their first ensuing meet- 
ing. 

1899, c. 1, s. 23. 

4488. Bonds for safe-keeping of insane; penalty; condition. 

All bonds executed for restraining insane persons from committing 
injuries, and for their safe-keeping, support and care, shall be paya- 
ble to the state of North Carolina, in the sum of five hundred dol- 
lars at least, and shall be transmitted to the clerk of the superior 
court of the county wherein said insane person is settled, for safe- 
keeping, and may be put in suit by any person injured by said 
insane person by reason of his insane condition ; and shall be put 
in suit by the solicitor for the judicial district, in which the county 
of said insane person's residence is situated, for any other breach 
thereof, wherein the damage received shall be for the use of said 
insane person. 
1899, e. 1, s. 29. 

4489. Form of bond for safe-keeping of insane. The form of 

bond mentioned in the preceding section shall be as follows : 

State of North Carolina, County of 

Know all men by these presents, that we, A B , prin- 
cipal, and C D , and E F , 

sureties, are held and firmly bound unto the State of North Carolina in the sum 

of dollars, for the payment whereof we bind ourselves and each 

of us. 

Witness our hands and seals this day of ,19 

The condition of the above obligation is this: 

Whereas, the said A B with the view of hindering G H , 

an insane person resident in the county aforesaid from being sent to 

insane hospital (or to effect his release from the said hospital as the case may 
be) hath undertaken to restrain him from committing injuries and to keep, main- 
tain, support and take care of the said G H Now, if the said A 

B shall faithfully comply with the conditions of this obligation, then the 

same shall be void, otherwise it shall be in full force. 

A B (Seal.) 

C D (Seal.) 

E F (Seal.) 

1899, c. 1, s. 30. 

212 



4489 HOSPITALS FOE INSANE— 77. Private. Oh. 99 

VI. Private. 

4490. May be established; license obtained; reports to be 
made under control of the board of charities. It shall be lawful for 

any person or corporation to establish private hospitals, homes or 
schools for the cure and treatment of insane persons, idiots, and 
feeble-minded persons and inebriates ; but license to establish said 
hospitals, homes or schools, must, before the same are opened for 
patronage, be obtained from the board of public charities, and said 
hospitals, homes or schools shall at all times be subject to the visi- 
tation of the said board or any member thereof, and each hospital, 
home or school shall make to said board a semi-annual report on 
the first days of January and July of each year. In said report 
shall be stated the number and residence of all patients admitted, 
the number discharged during the six months preceding, and the 
officers of the hospital, home or school. And each hospital, home or 
school shall file with the said board a copy of its by-laws, rules and 
regulations, and rates of charges. The books of each hospital, home 
or school shall at all times be open to the inspection of the said 
board or any member thereof. The board of public charities is 
hereby given the authority to supervise and regulate all private hos- 
pitals, homes and schools, established hereafter in this state for 
the treatment of the above classes of people, and the said board shall 
have power to prescribe all such rules and regulations as they may 
deem necessary and shall exercise the power of visitation, and for 
that purpose may depute any member of their board to visit and 
supervise any private hospital, home or school hereafter established 
under this chapter. The board of public charities may bring an action 
in the superior court of Wake county to vacate and annul any license 
granted by said board, when it shall appear to the satisfaction of 
said board that the managers of any private hospital, home or school 
have been guilty of gross neglect, cruelty or immorality. 
1899, c. 1, s. 60. 

4491. Counties and towns may establish. Any county, city or 

town may establish a hospital for the maintenance, care and treat- 
ment of such insane persons as can not be admitted into a state hos- 
pital, and of idiots and feeble-minded persons upon like conditions 
and requirements as are above prescribed for the institution of 
private hospitals ; and the board of public charities is given the same 
authority over such hospitals as is given them by the preceding sec- 
tion for private hospitals. 
1899, c. l, s. 61. 

4492. Part of system of public charities. All hospitals, homes 

or schools for the care and treatment of insane persons, idiots and 

213 



4192 HOSPITALS FOR INSANE— VI. Private. Oh. 99 

feeble-minded persons and inebriates, formed in compliance with 
the two preceding sections and duly licensed by the board of public 
charities as in this subchapter provided, shall, during the continu- 
ance of such license, become and be a part of the system of public 
charities of the state of North Carolina. 
1903, c. 329, s. 1. 

4493. Insane person placed in private hospital, when. When- 
ever any person shall be found to be insane in the mode hereinbefore 
prescribed, and such person shall be possessed of an income suffi- 
cient to support those who may be legally dependent for support on 
the estate of such insane person, and moreover, to support and main- 
tain such insane person in any named hospital without the state, 
or any private hospital within the state and such insane person, 
if of capable mind to signify such preference, shall, in writing, de- 
clare his wish to be placed in such hospital instead of being in a 
state hospital (or in case such insane person is incapable of declar- 
ing such preference, then the same may be declared by his guardian) 
and two respectable physicians who shall have examined such insane 
person, with the clerk of the court or justice of the peace who made 
the examination, shall deem it proper, then it may be lawful for said 
clerk or justice, together with said physicians, to recommend in 
writing that such insane person shall be placed in the hospital so 
chosen as a patient thereof. 

1899, c l, s. 39. 

4494. Justice of the peace to report to clerk. It shall be the 

duty of the justice, when he shall act, to report the proceedings in 
such cases to the clerk of the superior court of the county in which 
such insane person may reside or be domiciled. 
1899, c. l, s. 41. 

4495. Clerk to report proceedings to judge. The clerk of the 

court shall lay the proceedings before the judge of the superior court 
of the district in which such insane person may reside or be domi- 
ciled, and if he approve them, he shall so declare in writing, and 
such proceedings, with the approval thereof, shall be recorded by said 
clerk. 

1899, c. 1, s. 42. 

4496. Proceeding authorizes persons being sent to private hos- 
pital. A certified copy of such proceedings, with the approval of 
said judge, shall be sufficient warrant to authorize any friend of 
such insane person appointed by the said judge to remove him to 
the hospital designated. 

1899, c. 1, s. 43. 

214 



4497 HOSPITALS FOR DfSAKE— VI. Private. Oh. 99 

4497. How patients transferred from public hospitals to, on 

petition. When it is deemed advisable that any person, a citizen 
of the state of North Carolina, or a citizen of another state or conn- 
try, temporarily sojourning in North Carolina, should be detained 
in any private hospital within the state, two persons, one of whom 
must be a physician, not connected with any private hospital, shall 
make affidavit before a justice of the peace or a clerk of the superior 
court 'of this state, that they have carefully examined the alleged 
insane person ; that they believe him to be a fit subject for commit- 
ment to a hospital for the insane, and that his detention and treat- 
ment will be for his advantage and benefit. This certificate shall 
be filed with and approved by the clerk of the superior court in the 
county in which the examination is held, or in the county in which 
the private hospital is located, and a certified copy of this certifi- 
cate, and approval of the clerk shall be deposited with the superin- 
tendent of the private hospital as his authority for holding the 
insane person. The clerk of the oourt may, if he sees fit, issue war- 
rants and have the alleged insane person before him in manner 
prescribed in sections forty-four hundred and sixty-three to forty-four 
hundred and sixty-nine, inclusive, and he may, if he see fit, order 
any insane person brought before him to be taken to a private hos- 
pital within the state instead of one of the state hospitals, and his 
warrant shall be sufficient authority for holding such insane person in 
such private hospital. Idiots, feeble-minded persons and inebriates 
may be committed to and held in private hospitals or homes in this 
state in the manner hereinbefore prescribed for insane persons-: Pro- 
vided, that a period of detention in a private hospital or home of not 
less than one month and not more than six months shall be pre- 
scribed for inebriates, at the discretion of the clerk of the superior 
court approving the commitment. 

1903, c. 329, s. 2. 

4498. Executive committee of state hospitals may order trans- 
fer made. When it is deemed desirable that any inmate of any 
state hospital be transferred to any licensed private hospital within 
the state, the executive committee may so order and a certified copy 
of the commitment on file at the state hospital and the order of 
the executive committee shall be sufficient warrant for holding the 
insane person, idiot or inebriate by the officers of the private hos- 
pital. 

1903, c. 329, s. 3. 

4499. Guardian appointed for inmate of, when. Upon the hear- 
ing before the clerk of the superior court of an application for the 
appointment of a guardian for the person or estate of any person 
alleged to be insane, the certificate of the superintendent of any 

215 



4499 HOSPITALS FOR INSANE— VI. Private. Ch. 99 

state hospital certifying under oath before any notary public or 
clerk of the court that the alleged lunatic is an inmate of his hos- 
pital and that he has been an inmate for not less than three months 
and that he believes that the said inmate is an insane person shall 
be sufficient evidence upon which the clerk of the court may adjudge 
the person to be insane, and to justify the clerk in appointing a 
guardian for his property or person, or for both, and in such cases, 
an inquest of lunacy shall not be necessary. 

1899, c. 1, s. 51. 

4500. Guardian of insane person to pay expenses out of estate. 

Tt shall be the duty of any person having legal custody of the estate 
of an insane person, idiot or inebriate legally held in a private hos- 
pital to supply funds for his support in the hospital during his stay 
therein and so long as there may be sufficient funds for that pur- 
pose over and beyond maintaining and supporting those persons who 
may be legally dependent on the estate. 

1899, c. 1, s. 40; 1903, c. 329. s. 4. 

4501 . Fees and charges for examinations. The fees and charges 

for examination for admission to private hospitals shall be the same 
as for examinations for admission to the state hospitals. 

1903, c. 329, s. 5. 

VII. Foe Dangerous. 

4502. Created under control of state's prison board. A hospi- 
tal for the dangerous insane is hereby created a corporation under 
the name of The State Hospital for the Dangerous Insane, and shall 
be under the direction and management of the board of directors 
of the state's prison, which shall be ex officio the board of directors 
of the said corporation, which board shall, in its name, have power 
to receive, hold and manage all such property or estate as may be 
hereafter given to, or otherwise acquired by, the said corporation, 
and shall have the same control and direction of the affairs of the 
said corporation as is given by law to the board of directors of the 
other state hospitals. The said hospital shall be located in the wards 
of the state's prison where the dangerous insane are now cared for 
and treated, in which hospital shall be admitted, cared for and 
treated the dangerous insane as now provided by law. 

1901, c. 755, s. 1. 

4503. HOW governed. This chapter as to the government of the 
state hospitals shall, as far as practicable, be applicable to, and shall 
regulate the government of the state hospital for the dangerous 1 ' 
insane, when not inconsistent with the provisions of this chapter, ex- 

216 



4503 HOSPITALS FOR INSANE— VII. Dangerous. Ch. 99 

cept that there shall be elected only such assistants, and other officers, 
as the said board of directors may think proper. 
1901, c. 755, s. 6. 

4504. Duties Of board. It shall be the duty of the board of direc- 
tors of said corporation, as soon as practicable, by partitions, -walls 
and otherwise, to fully and completely separate the said hospital 
from said prison, and they shall change the same so as to conform 
to the purposes of a hospital for the insane. They shall advise with 
the superintendents of the three hospitals for the insane before mak- 
ing such changes as to what is necessary for the safety, comfort and 
welfare of the patients. It shall be the duty of the board of direc- 
tors of the state's prison to furnish to the said hospital all labor 
free of charge, and all material at cost, necessary for biiilding said 
walls and partitions, and for placing the said wards and apartments 
herein referred to in a proper condition, and the said hospital shall 
not be a part of the state's prison, but shall be the state hospital 
for the dangerous insane. That the board of directors of the state's 
prison is hereby directed and required to furnish to the hospital 
heat, lights and water at cost, and do all things proper and neces- 
sary for the comfort, maintenance and humane treatment of said 
dangerous insane herein committed to its care. In said hospital the 
sexes and races shall be kept in separate wards and apartments. 

1901, c. 755, s. 3. 

4505. Directors appoint a physician in charge; term of office. 

The board of directors of the state hospital for the dangero\is insane 
shall appoint a skilled physician, educated to his profession, of good 
moral character, of prompt business habits and of kindly disposi- 
tion to have charge of the insane committed to its care. He shall 
be required to perform the duties of physician to each of said institu- 
tions, and shall be paid from the funds belonging to the said institu- 
tions respectively such amount as shall be prescribed and agreed 
upon by the board of directors. He shall hold his office for four 
years, unless sooner removed by the said board, which may, for infi- 
delity to his trust, gross immorality or incompetence to discharge the 
duties of his office, fully proved and declared, the proof recorded in 
the book of their proceedings, remove him and appoint another in 
his place. 

1901, c. 755. s. 4. 

4506. Duties Of the physician. The said physician shall have the 
same powers and perform the same duties as the superintendent of 
the other state hospitals, and such additional duties as may be pre- 
scribed by the board of directors, and in addition thereto he shall 
make a special study of penology, and crime in all its aspects, and 

217 



4506 HOSPITALS FOE INSANE— Til. Dangerous. Ch. 99 

shall make special biennial reports thereof to the hoard of directors 
for transmission to the governor and the general assembly. The 
said board is hereby authorized to buy such books on these subjects 
as may be necessary, the books to be the property of the hospital. 
It shall be the duty of the superintendents of other state hospitals 
to visit the hospital for the dangerous insane from time to time, and 
at least once a year each, for consultation and advice, and they shall 
report to the board of directors of the said hospital with such sug- 
gestions as they may deem proper and best for the government 
thereof, and for the treatment of the patients, but their powers shall 
be advisory only. They shall be allowed only their traveling ex- 
penses, to be paid by their respective institutions. 
1901, c. 755, s. 5. 

4507. Criminals adjudged to be insane, committed to. All per- 
sons who may hereafter commit crime while insane, and all persons, 
who being charged with crime, and are adjudged to be insane at 
the time of their arraignment, and for that reason can not be put 
on trial for the crimes alleged against them, shall be sent by the 
court before whom they are or may be arraigned for trial, when it 
shall be ascertained by due course of law that such person is insane 
and can not plead, to the hospital for the dangerous insane, and they 
shall be confined therein under the rules and regulations prescribed 
by the board of directors under the authority of this subchapter, and 
they shall be treated, cared for and maintained in said hospital like 
patients in other state hospitals. Their confinement in said hospital 
shall not be regarded as punishment for any offense: Provided, that 
no insane person who has been or may hereafter be committed to 
the state hospital at Morganton, Raleigh or Goldsboro shall be 
transferred therefrom to the hospital for the dangerous insane. 

1899, c. 1, s. 63. 

4508. Persons acquitted of certain crimes upon ground of in- 
sanity Confined in. When a person is accused of the crime of mur- 
der, attempt at murder, rape, assault with the intent to commit rape, 
highway robbery, train wrecking, arson or other crime, shall have 
escaped indictment, or shall have been acquitted upon trial upon the 
ground of insanity, or shall be found by the court to be without 
sufficient mental capacity to undertake his defense or to receive 
sentence after conviction the court before which such proceedings 
are had, shall detain such person in custody until an inquisition shall 
be had in regard to his mental condition. The judge shall, at the 
term of court at which such person is acquitted, cause notice to be 
given in writing to such person and his attorney, and, if in his good 
judgment it be necessary, to his nearest relative, naming the day 
upon which he shall proceed to make an inquisition in regard to the 

218 



4508 HOSPITALS FOE INSANE— VII. Dangerous. Ch. 99 

mental condition of such person. The judge shall cause such wit- 
nesses to be summoned and examined, all he may deem proper or as 
the person so acquitted or his counsel may desire. At such inquisi- 
tion the judge shall cause the testimony to he taken in writing and 
be preserved, and a copy of which shall be sent to the superintendent 
of the hospitals for the dangerous insane to which such person is or 
has been committed. If, upon such inquisition, the judge shall find 
that the mental condition or disease of such person is such as to ren- 
der him dangerous either to himself or other persons, and that his 
confinement for care, treatment, and security demands it, he shall 
commit such person to the hospital for dangerous insane, to be kept 
in custody therein for treatment and care as herein provided. Such 
person shall be kept therein, unless transferred under previous pro- 
visions of this chapter, until restored to his right mind, in which 
event it shall be the duty of the authorities having the care of such 
person to notify the sheriff of the county from which he came, who 
shall order that he appear before the judge of the superior court of 
the district, to be dealt with according to law. The expense incident 
to such commitment and removal shall be paid by the county authori- 
ties from which such patient was sent. 
1899, e. 1, s. 65. 

4509. Persons becoming insane in prison, confined in. All con- 
victs becoming insane after commitment to the state's prison, and 
the fact being certified as now required by law in the case of other 
insane persons, shall be admitted to the hospital herein provided 
for. In case of the expiration of the sentence of any convict insane 
person, while such person is confined to the said hospital, such per- 
son shall be kept until restored to his right mind, or such time as 
he may be considered harmless and incurable. 

1899, c. 1, s. 66. 

4510. Person acquitted of capital felony upon ground of in- 
sanity; hOW discharged. No person acquitted of a capital felony, 
on the ground of insanity, and committed to the hospital for the dan- 
gerous insane, shall be discharged therefrom unless an act. authoriz- 
ing his discharge be passed by the general assembly. ISTo person 
acquitted of a crime of lesser degree than a capital felony and com- 
mitted to said department shall be discharged therefrom except 
upon an order from the governor. ISTo person convicted of a crime, 
and upon whom judgment was suspended by the judge on account 
of insanity, shall be discharged from the said hospital except upon 
the order of the judge of the district, or of the judge holding the 
courts of the district in which he was tried : Provided, that nothing 
in this section shall be construed to prevent such person so confined 

219 



4510 HOSPITALS FOR INSANE— VII. Dangerous. Ch. 99 

in the hospitals for the dangerous insane from applying to any judge 
having jurisdiction for a writ of habeas corpus. jSTo judge, issuing 
a writ of habeas corpus upon the application of such person, shall 
order his discharge, until the superintendents of the several state hos- 
pitals shall certify that they have examined such person and find him 
to be sane, and that his detention is no longer necessary for his own 
safety or the safety of the public. 

1899, c. 1, s. 67. 

4511. Persons confined in; recovery; procedure. "Whenever a 

person confined in any hospital for the insane, and against whom 
an indictment for crime is pending, has recovered or been restored 
to normal health and sanity, the superintendent of such hospital 
shall notify the clerk of the court of the county from which said per- 
son was sent, and the clerk will place the case against said person 
upon the docket of the superior or criminal court of his county for 
trial, and the person shall not be discharged without an order from 
said court. In all cases where such person confined in the hospital 
for the dangerous insane shall have recovered his mind, the clerk 
of the court of the county from which he was committed shall fix 
the amount of bail required for his appearance at the next term of 
the superior or criminal court of his county for trial, except in cases 
where the offense charged is a capital felony, and in this case only 
the judge of the superior court, residing within or holding the courts 
of said district, shall have the power to fix bail. If the person con- 
fined in the hospital for the dangerous insane, and reported sane 
as aforesaid, shall give the bond fixed by the clerk or judge as above 
provided for, he shall be discharged by the superintendent, and if 
he does not give the bond, he shall be transferred to the jail of the 
county from which he was committed. The superintendent will 
notify the sheriff of said county, and the sheriff will remove the said 
person to the jail of his county. The sheriff will pay the expenses 
of said removal, and the county of the person's settlement will repay 
the sheriff for his expenses and services. 
1899, c. 1, s. 64. 

4512. Annual appropriation for support of. The sum of five 

thousand dollars is hereby appropriated annually for the support and 
maintenance of the state hospital for the dangerous insane. 
1901, c. 755, s. 7. 



220 



4513 IMPEACHMENT—/. The Court. Ch. 100 

CHAPTEE 100. 
IMPEACHMENT. 

Sections. 

I. The court, 4513—4519 

II. Procedure, 4520—4525 

I. The Court. 

4513. Senate; quorum. The court for the trial of impeach- 
ments shall be the senate. A majority of the members shall be 
necessary to constitute a quorum. 

Const., Art. IV, s. 3; Code, ss. 2923, 2924; 1868-9, c. 168, s. 1. 

4514. Chief justice presides, When. When the governor of the 
state, or lieutenant governor, upon whom the powers and duties 
of the office of governor have devolved, is impeached, the chief jus- 
tice of the supreme court shall preside; and in a case requiring 
the chief justice to preside, notice shall be given him, by order of 
the senate, of the time and place fixed for the consideration of the 
articles of impeachment, with a request to attend ; and the chief 
justice shall preside over the senate during the consideration of said 
articles upon the trial of the person impeached. But the chief jus- 
tice shall not vote on any question during the trial, and shall pro- 
nounce decision only as the organ of the senate with its assent. 

Const, Art. IV, s. 4; Code, s. 2927; 1868-9, c. 168, s. 6. 

4515. Oath administered to members. At the time and place 

appointed, and before the commencement of the trial, the presiding 
officer of the senate shall administer to each member of the court 
then present, and to other members as they appear, an oath or af- 
firmation, truly and impartially to try and determine the charge in 
question, under the constitution and laws, according to the evidence. 
ISTo member of the court shall sit or give his vote upon the trial until 
he shall have taken such oath or affirmation. 
Code, s. 2931; 1868-9, c. 168, s. 10. 

4516. Power Of. The senate, as a court, shall have power to 
compel the attendance of parties and witnesses to enforce obedience 
to its orders, mandates, writs, precepts and judgments, to preserve 
order, to punish, in a summary way, contempts of its authority, or- 
ders, mandates, writs, precepts or judgments, to adjourn from time 
to time, and to make all lawful rules and regulations which it may 
deem essential or conducive to the ends of justice. 

Code, s. 2926; 1868-9, c. 168, s. 4. 

221 



4517 IMPEACHMENT— 7. The Court. Ch. 100 

4517. Power Of presiding Officer. The presiding officer of the 
senate shall have power — 

1. To direct all necessary preparations in the senate chamber. 

2. To make and issue by himself or by the clerk of the senate all 
orders, mandates, writs and precepts authorized by law or by the 
senate. 

3. To direct all the forms of procedure during the trial not other- 
wise specially provided for. 

-L To decide in the first instance, without a division, all questions 
of evidence and incidental questions, but the same shall, on demand 
of one-fifth of the members present, be decided by yeas and nays. 
Code, s. 2927; 1868-9, c. 168, s. 5. 

4518. Offenses of which it has jurisdiction. Every officer in this 

state shall be liable to impeachment for — 

1. Corruption or other misconduct in his official capacity. 

2. Habitual drunkenness. 

3. Intoxication while engaged in the exercise of his office. 

4. Drunkenness in any public place. 

5. Mental and physical incompetence to discharge the duties of 
his office. 

6. Any criminal matter, the conviction whereof would tend to 
bring his office into public contempt. 

Code, s. 2937; 1868-9, e. 168. s. 16. 

4519. Accused entitled to Counsel. The person accused is enti- 
tled on the trial of the impeachment to the aid of- counsel. 

Code, s. 2929; 1868-9, c. 168, s. 8. 

1 1. Procedure. 

4520. HOW preferred. All impeachments must be delivered by 
the house of representatives to the presiding officer of the senate, 
who shall thereupon cause proclamation to be made in the following 
words : 

All persons are commanded to keep silence, on pain of imprisonment, while the 
house of representatives is exhibiting to the senate of North Carolina articles of 
impeachment against 

After which the articles shall be exhibited, and then the presid- 
ing officer of the senate shall inform the house of representatives 
that the senate will take proper order on the subject of impeachment, 
of which due notice shall be given to the house of representatives. 
Code, s. 2925; 1868-9. c. 168, ss. 2, 3. 

4521. Of president Of senate. If the president of the senate 
be impeached, notice thereof shall immediately be given to 'the senate 

■ 222 



4521 IMPEACHMENT—//. Procedure. Ch. 100 

by the house of representatives, in order that another president may 
be chosen. 

Code, s. 2935; 1868-9, c. 168, s. 14. 

4522. Notice to accused. The senate, upon the presentation of 
articles of impeachment and its organization as a court, shall forth- 
with cause the person impeached to appear and answer the articles 
exhibited, either in person or by attorney. He shall be entitled to a 
copy of the impeachment and have a reasonable time to answer the 
same. 

Code, s. 2928; 1868-9, c. 168, s. 7. 

4523. Time Of hearing. When issue is joined in the trial of an 
impeachment the court shall fix a time and place for the trial 
thereof. 

Code, s. 2930; 1868-9, c. 168, s. 9. 

4524. Accused Suspended during trial. Every officer impeached 
shall be suspended from the exercise of his office until his acquittal. 

Code, s. 2934; 1868-9, c. 168. s. 13. 

4525. Conviction; judgment; indictment. Xo person shall be 

convicted on an impeachment without the concurrence of two-thirds 
of the senators present. Upon a conviction of the person impeached, 
judgment may be given that he be removed from office ; or that he 
be disqualified to hold any office of honor, trust or profit, under this 
state, or both. Every person convicted on impeachment shall, never- 
theless, be liable to indictment and punishment according to law. 

Code, ss. 2932, 2933, 2936; 1868-9. e. 168. ss. 11. 12, 15; see Const., Art. IV, 
ss. 3, 4. 



223 



4526 



INSUBANCE— I. Title and Definitions. 



Ch. 101 



CHAPTEK 101. 



INSURANCE. 

I. Title and definitions, 

II. Department and commissioner, 

Til. Forms of returns, 

IV. Deposits, 

V. Taxes and fees, 

VI. Domestic companies, 

VII. Foreign companies, 

VIII. Fire insurance, 

IX. Life insurance. 

X. Assessment companies, 

XL Fraternal orders, 

XII. Fidelity insurance, 

XIII. Bond investment, etc., companies, 

XIV. General provisions, 

XVI. Inspections and investigations, 

XV. Insuring state property, 

XVII. Penalties, 



Sections. 
4526—4528 
4529—4556 
4557 
4558 — 4562 
4563—4569 
4570—4594 
4595—4002 
4603—4618 
4619—4627 
4628—4631 
4632—4636 
4637—4642 
4643 
4644—4652 
4653 — 4662 
4663—4667 
4668—4671 



I. Title and Definitions. 

4526. Title Of the Chapter. This chapter may be cited and shall 
be known as the insurance law. 

1899, c. 54. 

4527. Company; insurance company; domestic; foreign. When 

consistent with the context and not obviously used in a different 
sense, the term "company" or "insurance company," as used herein, 
includes all corporations, associations, partnerships, or individuals 
engaged as principals in the business of insurance ; the word "domes- 
tic" designates those companies incorporated or formed in this state 
and with home offices herein; and the word "foreign," when used 
without limitation, includes all those formed by authority of any 
other state or government, and whose home office is not located in this 
state. 

1899, c. 54, s. 1. 

4528. Contract Of insurance. A contract of insurance is an agree- 
ment by which one party for a consideration promises to pay money 
or its equivalent or to do some act of value to the assured upon the 
destruction, loss or injury of something in which the other party 
has an interest as an indemnity therefor. 

1899, c. 54, s. 2. 



224 



4529 INSURANCE — 27. Dept. and Commissioner. Ch. 101 
II. Department and Commissioner. 

4529. Department established; chief officer,. The insurance 

department is hereby established as a separate and distinct depart- 
ment, which shall be charged with the execution of laws passed in 
relation to insurance and other subjects placed under such depart- 
ment. The chief officer' of the department shall be denominated the 
insurance commissioner. 

1899, c. 54, s. 3; 1901, c. 391, s. 1. 

4530. Commissioner; how appointed; term of office; vacancy. 

The insurance commissioner shall be appointed by the governor by 
and with the consent of the senate. His term of office shall be four 
years and he shall continue in office until his successor is duly ap- 
pointed and qualified. Should a vacancy occur during the term it 
shall be filled by the governor for the unexpired term. 
1899, c. 54, s. 4. 

4531. Oath and bond Of Commissioner. Every person elected or 
appointed as insurance commissioner shall, before entering upon the 
duties of the office, take an oath of office and give a bond to the state 
in the sum of ten thousand dollars, with sufficient surety, to be ap- 
proved by the state treasurer, conditioned for the faithful perform- 
ance of the duties of such office during the term of such appointment 
or election. 

1899, c. 54, s. 5. 

4532. Seal Of the department. The insurance commissioner, 
with the approval of the governor, shall devise a seal, with suitable 
inscription, for his office, a description of which, with the certificate 
of approval by the governor, shall be filed in the office of the secre- 
tary of state, with an impression thereof, which seal shall thereupon 
be and become the seal of office of the commissioner of the insurance 
department. The seal may be renewed whenever necessary. 

1899, c. 54, s. 11. 

4533. Records and documents to be kept for public inspection. 

The insurance commissioner shall keep on file in his office, for the 
inspection of the public, all the reports received by him in obedience 
to law. He shall keep and preserve in a permanent form a record 
of his proceedings, including a concise statement of the result 
of all official examinations of companies, a report of the condition 
of receiverships of insolvent companies, an exhibit of the financial 
condition and business methods as disclosed by the official examina- 
tions of the same, or by their several statements ; and such other in- 
formation and comments in relation to insurance and the public in- 

R. S. Vol. 11—15 225 



4533 INSURANCE—//. Dept. and Commissioner. Ch. 101 

terest therein as be may deem fit and proper to preserve. lie shall 
also keep the records of fires and matters connected therewith as 
required by section four thousand six hundred and fifty-six. He shall 
keep a record of the policies insuring property of the state, as re- 
quired by section four thousand six hundred and sixty-three. Pie 
shall keep a record of the proceedings attending the service of pro- 
cess on him as agent for a foreign insurance company, as required 
by section four thousand six hundred. 
1899, c. 54, ss. 9, 77. 

4534. Original documents and certified copies, under seal of 
the department, to be received as evidence. Every certificate, as- 
signment or conveyance executed by the commissioner, in pursuance 
of any authority conferred on him by law and sealed with his seal 
of office, shall be received as evidence and may be recorded in the 
proper recording offices, in the same manner and with like effect as 
a deed regularly acknowledged or proved before an officer authorized 
by law to take the proof or acknowledgment of deeds; and all copies 
of papers in the office of the commissioner, certified by him and 
authenticated by his official seal shall in all cases be evidence equally 
and in like manner as the original. 

1899, c. 54. s. 11. 

4535. On basis of other state departments; supplies, stamps. 

This department shall be upon the same basis as the other depart- 
ments of the state, and shall be furnished with stationery, stamps, 
and such other supplies as are provided by law for them. 

1899, c. 54. s. 3; 1901, c. 391, s. 1. 

4536. Expenses of suppressing violations of this chapter. For 

expenses in seeking out, detecting and punishing violations of this 
chapter, the insurance commissioner may use a sum not exceeding- 
five hundred dollars per annum. Any amounts so expended shall 
be approved by the governor and paid by the treasurer out of any 
funds in the state treasury not otherwise appropriated. 

1899, c. 54, s. 101; 1901, c. 391, s. 8; 1903, c. 438, s. 10. 

4537. Reports of commissioner to the governor and general 

assembly. The jcommissioner shall annually submit to the governor 
a report of his official acts, and of the condition of all insurance and 
other companies, associations or orders under his department doing 
business in this state, with a condensed statement of their reports 
made to him, arranged in proper form for printing, together with a 
statement of the licenses, taxes and fees received by him from such 
companies and paid by him to the state treasurer; and he shall 

226 



4537 INSURANCE— II. Dept. and Commissioner. Ch. 101 

biennially submit to the general assembly, through the governor, 
such annual reports and statements. 
1899, c. 54, s. 6. 

4538. Further reports to the general assembly. It shall be the 

duty of the insurance commissioner from time to time to report to 
the general assembly any change which in his opinion should be 
made in the laws relating to insurance and other subjects appertain- 
ing to his department. And he shall, on or before the first clay of 
February of each year in which the general assembly is in session, 
make to the governor the recommendations called for in this section, 
to be transmitted to the general assembly, with the last annual re- 
port of this department, including receipts and disbursements ; and 
five hundred copies for the use of the commissioner and the usual 
number for the use of the general assembly shall be printed by the 
public printer. 

1899, e. 54, ss. 7, 10; 1901, c. 391, s. 2. 

4539. Duties Of commissioner. The insurance commissioner 

shall see that all laws relating to the companies, associations and 
orders under the insurance department are faithfully executed. 
He shall furnish to each of the companies incorporated by this state 
and to the attorneys or general agents of companies and associations 
incorporated by other states and foreign governments, doing busi- 
ness in this state, printed forms for all statements required by law. 
He shall, on or before the tenth day of each month, pay over all 
taxes, licenses and fees which he may have received during the 
previous month to the state treasurer. He shall perform all duties 
now imposed upon him by law in regard to the examination, super- 
vision and conduct of companies and associations and orders. He 
may administer the oaths in the discharge of his official duty. Upon 
a proper application by any citizen of this state he shall give a state- 
ment or synopsis of the provisions of any insurance contract offered 
or issued to such citizen. 
1899, e. 54, s. 8. 

4540. Authority extends to all insurance companies. Every 

insurance company, association or order, as well as every bond, in- 
vestment, dividend, guarantee, registry, title guarantee, debenture, 
or such other like company (not strictly an insurance company, as 
defined in the general insurance laws), shall be licensed and super- 
vised by the insurance commissioner, and shall pay all licenses, taxes 
and fees as prescribed in the insurance laws of the state for the class 
of company, association or orders to which it may belong. No pro- 
vision in any statute, public or private, shall have the effect of 
relieving any company, association or order from any such supei*- 

• 227 



4540 INSURANCE— II. Dept. and Commissioner. Ch. 101 

vision as is prescribed for the class of companies, associations or 
orders of like character, or of releasing it from the payment of 
such licenses, taxes and fees as are prescribed for companies, asso- 
ciations and orders of the same class ; and all such special provisions 
or exemptions' are hereby repealed. It shall be unlawful for the 
insurance commissioner to grant or issue a license to any company, 
association or order, or agent for them, claiming such exemption 
from supervision by his department and release for the payment of 
license, fees and taxes. 

1903, c. 594, ss. 1, 2, 3. 

4541. Examinations and licenses; production of books and 
papers enforced; officers, agents, etc., examined under oath. Be- 
fore granting certificates of authority to an insurance company to 
issue policies or make contracts of insurance the commissioner shall 
be satisfied, by such examination and evidence as he sees fit to make 
and require, that such company is otherwise duly qualified xmder the 
laws of the state to transact business therein. As often as once in 
three years he shall personally or by his deputy visit each domestic 
insurance company and thoroughly inspect and examine its affairs, 
especially as to its financial condition and ability to fulfil its obli- 
gations and whether it has complied with the laws. He shall also 
make an examination of any such company whenever he deems it 
prudent to do so, or upon the request of five or more of the stock- 
holders, creditors, policy-holders or persons pecuniarily interested 
therein, who shall make affidavit of their belief, with specifications 
of their reasons therefor, that such company is in an unsound condi- 
tion. Whenever he deems it prudent for the protection of policy- 
holders in this state he shall in like manner visit and examine, or 
cause to be visited and examined by some competent person whom 
he may appoint for that purpose, any foreign instirance company 
applying for admission or already admitted to do business in this 
state, and such company shall pay the proper charges incurred in 
such examination, including the expenses of the commissioner or 
his deputy and the expenses and compensation of his assistants em- 
ployed therein. For such purposes the commissioner or his deputy 
or persons making the examination shall have free access to all the 
books and papers of the insurance company that relate to its busi- 
ness, and to the books and papers kept by any of its agents, and may 
summon, administer oaths to, and examine as witnesses, the direc- 
tors, officers, agents and trustees of any such company, and any other 
persons, in relation to its affairs, transactions and conditions. 

1899, e. 54, s. 13. 

4542. To require oath of obedience. Before issuing license to 

any insurance company to transact the business of insurance in this 

228 



4542 INSURANCE— 77. Dept. and Commissioner. Ch. 101 

state, the insurance commissioner shall require, in every case, in 
addition to the other requirements provided for by law, that each 
and every such insurance company shall file with him the affidavit of 
its president or other chief officer that it has not violated any of the 
provisions of this chapter for the space of twelve months last past, 
and that it accepts the terms and obligations of this chapter as a part 
of the consideration of such license. 

1899, e. 54, s. 110; 1901, c. 391, s. 8. 

4543. Investigation of charges of violation of the law. Upon 

complaint being filed by any citizen of this state that any com- 
pany authorized to do business in this state has violated any of the 
provisions of this chapter, the insurance commissioner shall dili- 
gently investigate the matter, and, if necessary, examine, by him- 
self or his accredited representative, at the head office located in the 
United States, the president and such other officer or agents of such 
companies as may be deemed proper ; also all books, records and pa- 
pers of the same, and also the officers thereof under oath, as to such 
alleged violation. Before making such examination the insurance 
commissioner may require the party making complaint to file with 
him a good and sufficient bond to secure any expense or cost that may 
be necessary in making such examination, and in the event that the 
insurance company be found not guilty of a violation of this chapter,, 
the bond shall be responsible for all expenses incurred by reason of 
such investigation ; but should the company be found guilty of a 
violation of this chapter then it shall be responsible for the expense 
of such examination. 

1899, c. 54, s. Ill; 1903, c. 438, s. 11. 

4544. Action by commissioner to collect expenses of examina- 
tion. If any company, authorized to do business in this state under 
this chapter, shall fail or refuse to pay the expenses of examination 
upon the presentation of a bill therefor by the insurance commis- 
sioner, then sitch commissioner shall at once institute appropriate 
action against such company for the recovery of the same. 

1899, c. 54, s. 113. 

4545. Record of business done to be kept by companies, 
agents and brokers; commissioner may inspect. All companies, 

agents and brokers doing any kind of insurance business in this 
state shall make and keep a full and correct record of the business 
done by them, showing the number, date, term, amount insured and 
premiums and the persons to whom issued of each and every policy 
or certificate or renewal. Information from such records shall be 
furnished to the insurance commissioner on demand, and the original 

229 



4545 INSURANCE—/'/. Dept. and Commissioner. Ch. 101 

books of records shall be open to the inspection of the commissioner, 

his deputy or clerk, when demanded. 

1899, c. 54, s. 108; 1903, c. 438, s. 11. 

Note. Violation of this section made a misdemeanor, see Crimes. 

4546. May require books, papers, etc., to be exhibited. It shall 

be the duty of any person having in his possession or control any 
books., accounts or papers of any company, order or person licensed 
under this chapter, to exhibit the same to the insurance commis- 
sioner on demand. 

1899, c. 54, s. 76. 

Note. Refusal to exhibit books, etc., on false statement made misdemeanor, 
see Crimes. 

4547. Annual statements, under oath, to be filed with the com- 
missioner; blanks tO be furnished. Every insurance company, as- 
sociation or order — domestic, through its officers, and foreign, 
through its general agent — shall file in the office of the insurance 
commissioner, on or before the first day of March in each year, iu 
such form and in such detail as the insurance commissioner shall 
prescribe, a statement showing the business standing and financial 
condition of such company, association or order on the preceding 
thirty-first day of December, signed and sworn to by the chief man- 
aging agent or officer thereof, before the insurance commissioner or 
some officer authorized by law to administer oaths. The insurance 
commissioner shall, in December of each year, furnish to each of the 
insurance companies authorized to do business in the state two or 
more blanks adapted for their annual statements. 

1899, c. 54, ss. 72, 73, 83, 97, 90; 1901, c. 706, s. 2; 1903, c. 438, s. 9. 
Note. Violation of this section subjects the company to penalties, see see. 4671 ; 
and is also made a crime, see Crimes. 

4548. Examination of statements; publication of abstract. It 

shall be the duty of the insurance commissioner to receive and thor- 
oughly examine each annual statement required by this chapter, and, 
if made in compliance with the laws of this state, to publish, at the 
expense of the company, an abstract of the same in one of the news- 
papers of the state, which newspaper may be selected by the general 
agent making such statement, if he shall, within thirty days after 
the filing of such statement, notify the insurance commissioner, in 
writing, of the name of the paper selected by him. 

1S99, c. 54, s. 74; 1901, c. 391, s. 6. 

4549. Certificates as to statements and licenses to be sent 

tO Superior COUrt Clerks; Clerks' duties. The insurance commis- 
sioner shall keep on file in his office, for the inspection of the public, 
all the reports received by him in obedience to this chapter, and shall 
certify to the clerk of the superior court of each and every county 

230 



4549 INSURANCE— II. Dept. and Commissioner. Ch. 101 

an abstract of each annual statement at the expense of the company 
making the same, and receive therefor from each company the sum of 
four dollars, and he shall also certify, at like expense, to such clerks, 
on the first day of each alternate month, a list of the licenses in force 
at such dates and those that have expired without renewal or that have 
been revoked, and each clerk shall file such certified abstracts and lists 
in stub books, to be kept for that purpose, furnished by the insur- 
ance commissioner, which books shall be open for the inspection of 
the public. There shall be no tax for any seal on the certificates re- 
quired by this section. 

1899, c. 54, s. 77; 1901, c. 391. s. 6; 1903, e. 438, s. 7. 

4550. Revocation of license to foreign company; publication of 

notice; effect. If the insurance commissioner be of opinion, upon 
examination or other evidence, that a foreign insurance company 
is in an unsound condition, or, if a life insurance company, that 
its actual funds, exclusive of its capital, are less than its liabilities ; 
or, that it has failed to comply with the law, or, if it, its officers 
or agents refuse to submit to examination or to perform any legal 
obligation in relation tbereto, or, if any foreign insurance company 
shall apply to have removed from the superior court of any county 
of this state to the United States circuit or district court any action 
instituted against it, or shall institute any action at law or suit in 
equity in a United States court against any citizen of this state, 
growing out of or in any way connected Avith any policy of insurance 
issued by such insurance company, he shall revoke or suspend all 
certificates of authority granted to it or its agents, and shall cause 
notifications thereof to be published in one or more newspapers pub- 
lished in this state ; and no new business shall thereafter be done 
by it or its agents in this state while such default or disability con- 
tinues, or until its authority to do business is restored by the com- 
missioner. 

1899, c. 54, s. 14; 1901, c. 176, s. 1. 

4551. Revocation of license to domestic company; injunction 

and receiver. If, upon examination, the insurance commissioner be 
of opinion that any domestic insurance company is insolvent, or has 
exceeded its powers, or has failed to comply with any provision of 
law, or that its condition is such as to render its further proceeding 
hazardous to the public or to its policy-holders, he shall revoke its 
license, and, if he deem it necessary, he shall apply to a judge of 
the superior court to issue an inpmction restraining it in whole or 
in part from further proceeding with its business. Such judge may 
in his discretion issue the injunction forthwith, or upon notice and 
"hearing thereon, and after a full hearing of the matter may dissolve 
or modify such injunction or make it permanent, and may make all 

231 



4551 INSURANCE— II. Dept. and Commissioner. Ch. 101 

orders and judgments needful in the premises, and may appoint 
agents or a receiver to take possession of the property and effects of 
the company and to settle its affairs, subject to such rules and orders 
as the court may from time to time prescribe. 
1899, c. 54, s. 14. 

4552. Revocation as to either for violations of law or impaired 

assets. 1. The authority of a domestic or foreign insurance company 
may be revoked if it shall violate or neglect to comply with any pro- 
vision of law obligatory upon it, and whenever in the opinion of the 
insurance commissioner its condition is unsound, or its assets above 
its liabilities, exclusive of capital and inclusive of reserve or unearned 
premiums estimated as provided by this chapter, are less than the 
amount of its original capital or required unimpaired funds. 

2. If the insurance commissioner shall become satisfied at any- 
time that any statements made by any company licensed under this 
chapter shall be untrue, or in case a general agent shall fail or re- 
fuse to obey the provisions of this chapter, the insurance commis- 
sioner shall have power to revoke and cancel such license. 
1899, e. 54, ss. 66, 75; 1901. c. 391, s. 5. 

4553. Liabilities and reserve fund, how determined. To de- 
termine the liability upon its contracts of an insurance company, 
other than life and real estate title insurance, and thence the amount 
such company shall hold as a reserve for re-insurance, the insurance 
commissioner shall take the actual unearned portion of the premiums 
written in its policies. 

1899, c. 54, s. 67; 1901, e. 391, s. 5. 

4554. Further provisions as to revocation of license to foreign 

Or domestic Companies. Any insurance company violating any pro- 
vision of this chapter, or refusing to submit to the examination pro- 
vided for in section four thousand five hundred and forty-three when 
requested, shall forfeit its right to do business in this state for the 
twelve months thereafter, and the insurance commissioner shall im- 
mediately revoke the license already issued to such insurance com- 
pany to do business in this state. 
1899. e. 54, s. 112. 

4555. Agents must procure license. Every agent of any insur- 
ance company authorized to do business in this state shall be re- 
quired to obtain annxially from the insurance commissioner a license 
under the seal of his office, showing that the company for which he 
is agent is licensed to do business in this state, and that he is an 
agent of such company and duly authorized to do business for it. 

232 



4555 INSURANCE—//. Dept. and Commissioner. Ch. 101 

And every such agent, on demand, shall exhibit his license to any 
officer or to any person from whom he shall solicit insurance. 

1899, c. 54, s. 81; 1901, c. 391, s. 7; 1903, c. 438, s. 8, c. 774. 

Note. Violation of this section made a misdemeanor, see Crimes. 

4556. Nonresident agents forbidden; exception. No nonresi- 
dent of the state shall be licensed to do business in the state, except 
as a special agent or organizer, and then only when he reports his 
business for record as North Carolina business to some general or 
district agent of his company in the state, or having territory within 
the state. 

1899, c. 54, s. 108; 1903, c. 438, s. 11. 

III. Forms of Returns. 

4557. Commissioner to furnish blanks; forms prescribed. It 

shall be the duty of the insurance commissioner to furnish blank 
forms for statements, which forms may be by him from time to time 
changed as may be requisite to secure full information as to the 
standing, condition and such other information desired of companies 
in his department. The following, or such other forms as he may 
prescribe, shall be used : 

Return of companies, other than life companies, having capital stock. 
1. State the name of company. 2. Where located. 3. When in- 
corporated and for what period. 4. Amount of capital. 5. Amount 
of capital actually paid in. 6. Cash value of real estate owned. 
7. Amount loaned on mortgage on real estate. 8. Amount and 
description of each kind of bonds and stocks owned, with par and 
market value. 9. Amount loaned on collateral, with par and mar- 
ket value of each security pledged. 10. Amount of cash on hand. 
11. Amount of gross premiums in course of collection. 12. Amount 
of bills receivable, not matured, taken for premiums. 13. Amount 
of all other property or investments. 1-1. All outstanding losses. 
15. Amount of unearned premiums on policies in force. 16. All other 
liabilities and claims against the company. 17. Amount of cash 
received for premiums. 18. Amount of notes received for pre- 
miums. 19. Amount received for interest and rents. 20. Amount 
of income received from all other sources. 21. Amount paid for 
losses. 22. Amount paid for dividends. 23. Amount paid for ex- 
penses. 24. All other expenditures. 25. Amount of risks written, 
terminated and in force, with gross premiums thereon. 

Return of mutual companies, other than life. 

1. State the name of company. 2. Where located. 3. When 
incorporated, and for what period. 4. Amount of guarantee capi- 

233 



4557 . INSURANCE—///. Forms of Returns. CL 101 

tal, if any. 5. Cash value of real estate owned. G. Amount loaned 
on mortgage of real estate. 7. Amount and description of each kind 
of stocks and bonds owned, with par and market value. 8. Loans 
on collateral, with par and market value of each security pledged. 
9. Cash in office and in bank. 10. Gross premiums in course of col- 
lection. 11. All other loans, investments and property. 12. Pre- 
mium notes liable to assessment. 13. Amount of scrip outstanding. 
11. All outstanding losses. 15. Unearned premiums. 16. Divi- 
dends declared and unpaid. 17. Borrowed money. 18. All other 
liabilities and claims against the company. 19. Cash received for 
premiums. 20. Cash received for interest and rent. 21. Premium 
notes received. 22. Income from all other sources. 23. Amount 
paid for losses. 24. Amount paid for expenses. 25. Surplus re- 
turned to policyholders. 26. All other expenditures. 27. Scrip 
dividends declared. 28. Amount of risks written, terminated and 
in force, with gross premiums thereon. 

Return of life insurance companies. 

1. The name of the company. 2. Where located. 3. When incor- 
porated and for what period. 1. Amount of capital stock or guar- 
antee fund. 5. Cash value of real estate owned. 6. Amount loaned 
on mortgages of real estate. 7. Amount and description of each 
kind of bonds and stocks owned, with their par and market value. 
8. Loans on collateral, with par and market value of each security 
pledged. 9. Cash in bank and in office. 10. Premium notes and 
loans on policies in force. 11. Outstanding and deferred premiums 
on policies in force. 12. All other loans, investments and property. 
13. All outstanding losses and policy claims. 11. Dividends of 
surplus due policyholders. 15. Forfeitures and surplus accrued, 
held for and to be divided to any special class of policyholders ; sur- 
plus accrued in policies in force not yet distributed. 16. All other 
liabilities and claims against the company. 17. Cash received for 
premiums. 18. Cash received for interest and rents. 19. Income 
from all other sources. 20. Amount paid for losses and claims. 
21. Dividends of surplus to policyholders. 22. Amount paid for 
expenses. 23. All other expenditures. 24. Number, date, amount 
and kind of each outstanding policy not heretofore returned, gross 
premium thereon, and age of the insured. 25. Number, date and 
amount of each policy which has within the year ceased to be in 
force, now terminated, what has been paid to the legal holder of 
the policy, and the age of the insured. 

1899, c. 54, s. 104. 



234 



4558 INSURANCE— IV. Deposits. Ch. 101 

IV. Deposits. 

4558. By domestic and foreign companies; where made; in- 
come on; charges in; return of; actions to enforce, terminate 

the trust. The insurance commissioner or the treasurer, in their offi- 
cial capacity, shall take and hold in trust deposits made by any domes- 
tic insurance company for the purpose of complying with the laws of 
any other state to enable such company to do business in such state. 
The company making such deposit shall be entitled to the income 
thereof, and may from time to time, with the consent of the insurance 
commissioner or treasurer, and, when not forbidden by the law under 
which the deposit is made, change in whole or in part the securities 
which compose the deposit for other solvent securities of equal par 
value. Upon request of any domestic insurance company such officer 
may return to such company the whole or any portion of the securities 
of such company held by him on deposit, when he shall be satisfied 
that the securities so asked to be returned are subject to no liability 
and not required to be longer held by any provision of law or purpose 
of the original deposit. And he may return to the trustees or other 
representatives authorized for that purpose of a foreign insurance 
company, any deposit made by such company when it shall appear 
that such company has ceased to do business in the state and is under 
no obligation to policyholders or other persons in the state for whose 
benefit such deposit was made. An insurance company which has 
made a deposit in this state pursuant to this chapter, or its trustees or 
resident managers in the United States, or the insurance commis- 
sioner, or any creditor of such company, may at any time bring in the 
superior court for the county of Wake an action against the state and 
other parties properly joined therein, to enforce, administer or termi- 
nate the trust created by such deposit. The process in such action 
shall be served on the officer of the state having the deposit, who shall 
appear and answer in behalf of the state and perform such orders 
and judgments as the court may make in such action. 

1899, c. 54, s. 17; 1901, c. 391, s. 2; 1903, c. 438, s. 1; 1903, e. 536, s. 4. 

4559. By domestic companies, subject to approval and control 

Of the Commissioner. The deposits of securities now required or 
which may hereafter be required to be made by any insurance com- 
pany of this state, shall be approved by the insurance commissioner 
of this state, and he shall have authority to examine the same at all 
times, and may order the same, or any part thereof, changed for better 
security, in his discretion, and no change or transfer of the same 
shall be made without his assent. 
1903, c. 536, s. 5. 



235 



4560 INSURANCE— IV. Deposits. Ch. 101 

4560. By foreign companies, when required and how regulated. 

A foreign company, if incorporated or associated under the laws of 
any government or state other than the United States or one of the 
United States, shall not be admitted to do business in this state until, 
besides complying with the conditions by law prescribed for the. 
licensing and admission of such companies to do business in this 
state, it has made a deposit with the treasurer or insurance commis- 
sioner of this state, or with the financial officer of some other state of 
the United States, of a sum not less than the capital required of like 
companies under this chapter. Such deposit must be in exclusive 
trust for the benefit and security of all the company's policyholders 
and creditors in the United States, and may be made in the securi- 
ties, but subject to the limitations, specified in this chapter with 
regard to the investment of the capital of domestic companies formed 
and organized under the provisions of this chapter. Such deposit 
shall be deemed for all purposes of the insurance law the capital of 
the company making it. 

1899, c. 54, s. 64; 1903, e. 438, s. 6. 

4561. By life companies not chartered in this country. Every 

life insurance company organized under the laws of any other coun- 
try than the United States, must have and keep on deposit with some 
state insurance department or in the hands of trustees, in exclusive 
trust for the security of its contracts with policyholders in the 
United States, funds of an amount equal to the net value of all its 
policies in the United States and not less than two hundred thou- 
sand dollars. 
1899, c. 54, s. 56. 

4562. Foreign assessment companies or orders. Every foreign 

insurance company, association, or order, doing business in this state 
on the assessment plan, shall keep at all times deposited in their 
head office in this state, or in some responsible banking or trust com- 
pany, one regular assessment sufficient to pay the average loss or 
losses occurring among its members in this state during the time 
allowed by it for the collection of assessments and payment of losses. 
It shall notify the insurance commissioner of such place of deposit 
and furnish him at all times such information as he may require in 
regard thereto. 

1899, c. 54. s. 84; 1903, c. 438, s. 9. 

V. Taxes and Fees. 

4563. To be reported monthly and paid to treasurer. On or 

before the tenth day of each month the insurance commissioner shall 
furnish to the auditor a statement in detail of the taxes and license 

236 



4563 INSURANCE— V. Taxes and Fees. Oh. 101 

fees received by him under this chapter during the previous month, 
and shall pay to the treasurer the amount in full of such taxes and 
license fees. 

1899, c. 54, s. 82; 1901, c. 391, s. 7. 

4564. Schedule Of. The insurance commissioner shall collect and 
pay into the state treasury fees, taxes and charges as follows : 

1. He shall collect annually for each license issued to a life 
insurance company or association, two hundred and fifty dollars ; 
for each license issued to a fire insurance company or associa- 
tion, or to any company or association of companies operating a 
separate or distinct plant of agencies in the state, two hundred 
dollars; for each license issued to an accident insurance company 
or association, two hundred dollars ; for each license issued to a 
marine insurance company or association, two hundred dollars ; for 
each license issued to a surety insurance company or association, 
one hundred dollars; for each license issued to a plate-glass insur- 
ance company or association, one hundred dollars ; for each license 
issued to a boiler insurance company or association, one hundred 
dollars ; for each license issued to all other insurance companies 
or associations, one hundred dollars ; for each license issued to 
a fraternal order, twenty-five dollars ; for each license issued to a 
bond, investment, dividend, guarantee, registry, title guarantee, de- 
benture or such other like company (not strictly an insurance com- 
pany as defined in this chapter) when foreign, one hundred dollars, 
Avhen domestic, twenty-five dollars ; for each license issued to a do- 
mestic mutual insurance company issuing only mutual policies, fifty 
dollars, and where such company operates in not more than two 
counties, ten dollars. 

2. He shall collect semi-annually from all of such companies, 
except fraternal orders, a tax of two and a half per centum upon 
the amount of their gross premium receipts in this state: Provided, 
that if any general agent shall file with the insurance commissioner 
a sworn statement showing that at least one-quarter of the entire 
assets of his company, when his company has assets, are invested 
in and are maintained in any or all of the following securities or 
property, viz. : bonds of this state, or of any county, city or town 
of this state, or any property situate in this state and taxable therein, 
then the tax shall be one per centum upon the gross receipts afore- 
said, and the license fee shall be one-half that named above ; and if 
the amount so invested shall be three-fourths of the total assets the 
tax shall be one-half of one per centum and the license fee one- 
fourth of that named above. 

3. He shall collect annually for license issued to each general 



237 



1564 INSURANCE— V. Taxes and Fees. Ch. 101 

agent, five dollars ; for license issued each special or district agent or 
manager or organizer (including seal), three dollars; for license 
(including seal), to each local or canvassing agent, one dollar; but 
any such company having assets invested and maintained in bonds 
of this state or of any county, city or town of this state, or in any 
property situated in this state and taxable therein, amounting to 
three-fourths of its total assets, shall only be charged for such license 
fifty cents. In ease of loss or destruction of siich license the insur- 
ance commissioner, for a fee of fifty cents, may certify to its issu- 
ance, giving number, date and form, which may be used by the origi- 
nal party named therein in lieu of said original license. There shall 
be no charge for the seal affixed to such certificate or said license. 

1. He shall collect annually twenty dollars for each license issued 
to a broker, authorized to procure insurance in nonadmitted com- 
panies, and also of such broker a tax of five per centum on gross 
premium receipts. 

5. He shall collect for filing and examining statement preliminary 
to admission, twenty dollars ; for filing and auditing annual state- 
ment, ten dollars ; for filing any other papers required by law, one 
dollar ; for each certificate of examination, condition or qualification 
of company or association two dollars ; for each seal when required, 
one dollar ; for each examination of domestic company, twenty-five 
dollars ; for each examination of foreign company, fifty dollars ; for 
filing charter and other papers of a fraternal order, preliminary to 
admission, twenty-five dollars. 

6. He shall -collect semi-annually from all fire insurance com- 
panies doing business in the state a tax of one-fifth of one per cen- 
tum on their gross premium receipts, as returned by them; which 
tax shall be used for defraying the expenses incurred by the insur- 
ance commissioner in the performance of the duties imposed upon 
him by subchapter fifteen hereof. 

7. He shall collect, to be paid to the piiblisher, for the publica- 
tion of each financial statement, nine dollars. 

8. The commissioner shall receive for copy of any record or paper 
in his office ten cents per copysheet and one dollar for certifying 
same, or any fact or data from the records of his office ; for making 
and mailing abstracts to the clerks of the superior courts in the coun- 
ties of the state, four dollars; also for examination of any foreign 
company, twenty-five dollars per diem and all expenses, and for ex- 
amining any domestic company actual expenses incurred ; for the 
examination and approval of charters of companies five dollars; also 
to defray the expense of computing the value of the policies of do- 
mestic life insurance companies, one cent for every thousand dollars 
of the whole amount insured by its policies so valued. 

9. He shall collect all other fees and charges due and payable into 

238 



4564 INSURANCE— V. Taxes and Fees. Ch. 101 

the state treasury by any company, association, order or individual 
in his department. 

1899, c. 54, ss. 82, 80, 50, 87, 68, 81, 90, 92; 1901, c. 391, s. 7, c. 706, s. 2; 
1903, c. 438, ss. 7, 8; 1903, c. 536, s. 4; 1903, cc. 680, 774. 

4565. No additional tax, license or fee by counties, etc. No 

county or corporation shall be allowed to impose an additional tax, 
license or fee upon any insurance company or agent. 

1899, c. 54, s. 79; 1901, e. 391, s. 7; 1903, c. 438, s. 8. 

4566. License tax on companies doing more than one class of 

insurance. No insurance company admitted to do business in the 
state shall be authorized to transact more than one class or kind of 
insurance therein, unless it shall pay the license fees for each class ; 
but a life insurance company may do a health business, and a fire in- 
surance company maj insure against loss or damage to property by 
lightning, wind, hail, or tornado, use and occupancy, and for non- 
occupancy, and may insure vessels, freights, goods, money, effects, 
and money lent on bottomry or respondentia against the perils of 
the sea and other perils usually insured against by marine insur- 
ance, including risks of inland navigation and transportation ; and 
may also insure against loss or damage by water to any goods or 
premises arising from leakage of sprinklers and waterpipes, upon 
the payment of the largest license fees provided in this chapter for 
any one business done. No insurance company shall be required to 
pay license fees amounting in the aggregate to more than three hun- 
dred and fifty dollars per annum. 

1899, c. 54, s. 65; 1901, c. 391, s. 5; 1903, e. 438, s. 6. 

4567. Licenses run from April first; pro rata may be paid. 

When. The licenses required by this chapter shall continue for the 
next ensuing twelve months after April first of each year, unless 
revoked as provided in this chapter ; but the insurance commissioner 
may receive from applicants after April first so much of the license 
fee required by law as may be due pro rata for the remainder of 
the year, beginning with the first day of the current month. 
1899, c. 54, s. 78. 

4568. Sworn statements of gross receipts filed and the tax 

paid. Every general agent shall, within the first thirty days of 
January and July of each year, make a full and correct state- 
ment, under oath of himself and of the president, secretary or 
some officer at the home or head office of the company in this coun- 
try, of the amount of the gross receipts derived from the insur- 
ance business under this chapter obtained from residents of this 
state, or on property located therein during the preceding six months, 
and shall, within the first fifteen days of February and August of 

239 



4568 INSURANCE— V. Taxes and Fees. Ch. 101 

each and every year, pay to the insurance commissioner the tax im- 
posed by this chapter upon such gross receipts. 
1899, e. 54, s. 79; 1901, e. 391, s. 7; 1903, c. 438, s. 8. 

4569. Policyholders to furnish information on demand of the 

Commissioner. To enable the insurance commissioner the better to 
enforce the payment of the taxes imposed by this chapter, every cor- 
poration, firm or individual doing business in the state shall, upon 
demand of the commissioner, furnish to him upon blanks to be pro- 
vided by him, a statement of the amount of all insurance held by 
them, giving the name of the company, number and amount of poli- 
cies and the premiums paid on each, and such other information as 
the commissioner may call for, or shall file an affidavit with the 
commissioner that all of their insurance is placed in companies 
licensed to do business in this state. 

1899, e. 54, s. 79; 1901, c. 391, s. 7; 1903, c. 438, s. 8. 

VI. Domestic Companies. 

4570. This chapter and general laws, how far applied to ex- 
isting Companies. The general provisions of law relative to the 
powers, duties and liabilities of corporations shall apply to all incor- 
porated domestic insurance companies, so far as such provisions are 
pertinent and not in conflict with other provisions of law relative 
to such companies or with their charters. All insurance companies 
of this state shall be governed by this chapter, anything in their spe- 
cial charters to the contrary notwithstanding, provided notice of the 
acceptance of this chapter is filed with the insurance commissioner. 

1899, e. 54, s. 19. 

4571. Extension of existing charters beyond time limited. Do- 
mestic insurance companies incorporated by special acts, whose char- 
ters are subject to limitation of time, shall after such limitation 
expires continue to be bodies corporate, subject to all general laws 
applicable to such companies upon filing statement and paying the 
taxes and fees required for an amendment of the charter. 

1899, e. 54, s. 20. 

4572. Must obtain certificate and authority before issuing poli- 
cies. No domestic insurance compan}' shall issue policies until upon 
examination of the insurance commissioner, his deputy or examiner, 
it is found to have complied with the laws of the state, nor until it 
has obtained from the insurance commissioner a certificate setting 
forth that fact and authorizing it to issue policies. The issuing of 
policies in violation of this section shall render the company liable 

240 



4572 INSURANCE— VI. Domestic Companies. Oh. 101 

to the forfeiture prescribed by law ; but such policies shall, neverthe- 
less, be binding upon the company. 

1899, c. 54, ss. 21, 99; 1903, e. 438, s. 10. 

Note. Violation of this section subjects offender to a forfeiture, see s. 4669. 

4573. By-laws; directors divided into classes; election of di- 
rectors. Any domestic company may adopt by-laws for the conduct 
of its business not repugnant to law or to its charter, and therein 
provide for the division of its board of directors into two, three or 
four classes, and the election thereof at its annual meetings in such 
manner as that the members of one class only shall retire and their 
successors be chosen each year. Vacancies in any such class may be 
filled by election by the board for the unexpired term. 

1899, e. 54. s. 22. 

4574. Real estate, purchase and conveyance of; restrictions 

On holding. Any company organized by special charter of this state, 
or under the provisions of the general insurance laws of this state, 
shall be permitted to purchase, hold and convey real estate for the 
purposes, and no other, and in the manner herein set forth, that is 
to say : 

1. Such as shall be requisite for its .immediate accommodation in 
the transaction of its business. 

2. Such as shall have been mortgaged to it in good faith by way 
of security for loans previously contracted or for moneys due. 

3. Such as shall have been conveyed to it in satisfaction of debts 
previously contracted in the course of its dealings. 

4. Such as shall have been purchased at sales upon judgments, 
decrees or mortgages obtained or made for such debts. 

5. It shall not be lawful for any such incorporated company to 
purchase, hold real estate in any other case or for any other pur- 
pose ; and all such real estate as may be acquired and which shall 
not be necessary for the accommodation of such company, in the 
convenient transaction of its business, shall be sold and disposed 
of within five years after such company shall have acquired title 
to the same, and it shall not be lawful for such company to hold 
such real estate for a longer period than that above mentioned, unless 
the company shall have acquired such real estate prior to March 
sixth, one thousand eight hundred and ninety-nine, or shall pro- 
cure a certificate from the insurance commissioner that the interest 
of the company will suffer materially by a forced sale of such real 
estate, in which event the time for the sale may be extended to such 
a time as the insurance commissioner shall direct in such certificate. 
Nothing herein contained shall prevent any insurance company from 
improving and conveying its real estate, notwithstanding the lapse 

R. S. Vol. 11—16 241 



4574 INSURANCE— VI. Domestic Companies. Ch. 101 

of five years from its acquisition thereof without having procured 
such certificate from the insurance commissioner. 
1903, c. 536, s. 2; 1899, c. 54, s. 22. 

4575. Formed under articles of agreement; confined to busi- 
ness Specified. Insurance companies may be formed as provided in 
the two next succeeding sections for any one of the following pur- 
poses, to-wit: 

1. To insure against loss or damage to property by fire, light- 
ning, wind, hail, or tornado, \ise and occupancy, and for nonoccu- 
pancy, upon the stock or mutual plan. 

2. To insure upon the stock or mutual plan, vessels, freights, 
goods, money, effects, and money lent on bottomry or respondentia 
against the perils of the sea and other perils usually insured against 
by marine insurance, including risks of inland navigation and trans- 
portation. 

3. To guarantee the fidelity of persons in positions of trust, pri- 
vate or public, and to act as surety on official bonds and for the per- 
formance of other obligations. 

4. To insure against loss or damage to property of the assured, 
or loss or damage to the life, person or property of another for 
which the assured is liable, caused by the explosion of steam boilers. 

5. To insure any person against bodily injury or death by acci- 
dent, or any person, firm or corporation against loss or damage on 
account of the bodily injury or death by accident of any person, for 
which loss or damage such person, firm or corporation is responsible. 

G. To insure against the breakage of plate-glass, local or in transit. 

7. To insure against loss or damage by water to any goods or 
premises arising from leakage of sprinklers and water pipes. 

8. To insure against loss or damage to property arising from acci- 
dents to elevators, bicycles and vehicles, except rolling stock of rail- 
ways. 

9. To carry on the business commonly known as credit insurance 
or guaranty, either by agreeing to purchase uncollectible debts or 
otherwise to insure against loss or damage from the failure of per- 
sons indebted to the assured to meet their liabilities. , 

10. To carry on the business commonly known as life and health 
insurance on the stock or mutual plan, contract for the payment of 
endowments or annuities, or make and enter into such other con- 
tracts, conditioned upon the continuance or cessation of human life. 
To insure horses and other live stock against death. 

No corporation so formed shall transact any other business than 
that specified in its charter and articles of association. 
1899, c. 54. ss. 24, 26: 1903, c. 438, s. 1. 



242 






4576 INSURANCE— VI. Domestic Companies. Ch. 101 

4576. Procedure for organizing; form of articles and certifi- 
cate. The procedure for organizing such corporations shall be as fol- 
lows: The proposed corporators, not less than ten in number, a major- 
ity of whom must be residents of the state, shall subscribe articles of 
association setting forth their intention to form a corporation ; its 
proposed name, which must not so closely resemble the name of an ex- 
isting corporation doing business under the laws of this state as to be 
likely to mislead the public, and must be approved by the insurance 
commissioner ; the class of insurance it proposes to transact and on 
what business plan or principle ; the place within the state of its loca- 
tion, and, if on the stock plan, the amount of its capital stock. The 
words "insurance company," "insurance association" or "insurance 
society" must be a part of the title of any such corporation, and also 
the word "mutual," if it is organized upon the mutual principle. 
The certificate of incorporation shall be subscribed and sworn to by 
the corporators before some officer authorized to take acknowledg- 
ment of deeds, and such officer shall forthwith certify the certificate of 
incorporation, as so made out and signed, to the insurance commis- 
sioner of the state at his office in the city of Raleigh. The insurance 
commissioner shall examine the certificate and, if he shall approve of 
the same and find that the requirements of the law have been com- 
plied with, shall certify such facts, by certificate on such articles, to 
the secretary of state. Upon the filing in the office of the secretary of 
state of the certificate of incorporation and attached certificates, and 
the payment of a charter fee in same amount as is required for private 
corporations, and the same fees to the secretary of state, the secretary 
of state shall cause the certificate and accompanying certificates to be 
recorded in his office and shall isstte a certificate in the following 
form : 

Be it known that whereas (here the names of the subscribers to the articles of 
association shall be inserted) have associated themselves with the intention of 
forming a corporation under the name of (here the name of the corporation shall 
be inserted), for the purpose (here the purpose declared in the articles of asso- 
ciation shall be inserted), with a capital (or with a permanent fund) of (here 
the amount of capital or permanent fund fixed in the articles of association shall 
be inserted), and have complied with the provisions of the statute of this state in 
such case made and provided, as appears from the following certified articles of 
association: (Here copy articles of association and accompanying certificates.) 
Now, therefore, I (here the name of the secretary shall be inserted), secretary 
of state, do hereby certify that (here the names of the subscribers to the articles 
of association shall be inserted), their associates and successors, are legally 
organized and established as, and are hereby made, an existing corporation under 
the name of (here the name of the corporation shall be inserted), with such 
articles of association, and have all the powers, rights and privileges and subject 
to the duties, liabilities and restrictions which by law appertain thereto. 

Witness my official signature hereunto subscribed, and the seal of the state of 

North Carolina hereunto affixed, this the .... day of , in the year .... 

(in these blanks the day, month and year of execution of this certificate shall be 
inserted; and in the case of purely mutual companies, so much as relates to capi- 
tal stock shall be omitted). 

243 



4576 INSUBANCE— VI. Domestic Companies. Ch. 101 

The secretary of state shall sign the same and cause the seal of 
the state to be thereto affixed, and such certificate of incorporation and 
certificate shall have the force and effect of a special charter and 
be conclusive evidence of the organization and establishment of such 
corporation. The secretary of state shall also cause a record of such 
certificate to be made, and a certified copy of such record may be 
given in evidence with the like effects as the original certificate. 

1899, c. 54, s. 25; 1903, c. 438, ss. 2, 3. ^ 

4577. First meeting; organization; by-laws; license from com- 
missioner. The first meeting for the purpose of organization under 
sneh charter shall be called by a notice signed by one or more of the 
s\ibscribers to the certificate of incorporation, stating the time, place 
and purpose of the meeting, a copy whereof shall, seven days at least 
before the appointed time, be given to each subscriber, or left at his 
usual place of business or residence, or duly mailed to his postofficc 
address, unless the signers shall waive notice in writing. Who- 
ever gives such notice shall make affidavit thereof, which affida- 
vit sball include a copy of the notice and be entered upon the 
records of the corporation. At such first meeting, including any 
adjournment thereof, an organization shall be effected by the choice 
of a temporary clerk, who shall be sworn; by the adoption of by- 
laws ; and by the election of directors and such other officers as the 
by-laws may require ; but at such first meeting no person shall be 
elected director who has not signed the certificate of incorporation. 
The temporary clerk shall record the proceedings until and including 
the choice and qualification of the secretary. The directors so chosen 
shall elect a president, secretary and other officers which, under 
the by-laws they are so authorized to choose. The president, secre- 
tary and a majority of the directors shall forthwith make, sign and 
swear to a certificate setting forth a copy of the certificate of incorpo- 
ration, with the names of the subscribers thereto, the date of the first 
meeting and of any adjournments thereof, and shall submit -uch 
certificate and the records of the corporation to the insurance com- 
missioner, who shall examine the same, and who may require such 
other evidence as he may deem necessary. If upon such examination 
the insurance commissioner shall approve of such by-laws and find 
that the requirements of the law have been complied with, he shall 
issue a license to the company to do business in the state, as is pro- 
vided for in this chapter. 

1899, c. 54, s. 25; 1903, e. 438, ss. 2, 3. 

4578. Capital, amount required. The amount of capital requi- 
site to the formation and organization of companies under the provis- 
ions of this subchapter, shall be as follows : Companies to insure plate- 
glass, not less than ten thousand dollars. Companies issuing health 

244 



4578 INSURANCE— VI. Domestic Companies. Oh'. 101 

policies, policies against damage by hail or insuring marine risks or 
inland risks upon the stock plan, not less than twenty-five thousand 
dollars. Companies for the purpose of transacting life or fire insur- 
ance on the stock plan, fidelity insurance, accident insurance, steam- 
boiler insurance, or for the transaction of the business authorized 
under the seventh, eighth and ninth paragraphs of section forty-five 
hundred and seventy-five, not less than fifty thousand dollars ; but 
life conrpanies on the industrial plan, issuing policies not over five 
hundred dollars, may be allowed to transact business with as little 
capital as twenty-five thousand dollars. Companies may be so 
formed to insure mecbanics' tools and apparatus against loss by fire 
for an amount not exceeding two hundred and fifty dollars in a 
single risk, with a capital of not less than ten thousand dollars, 
divided into shares of the par value of ten dollars each. 

1899, c. 54, s. 26; 1903, c. 438, s. 4. 

4579. Shares, when and how paid for; no policies to issue un- 
til Whole capital paid in. The capital stock shall be paid in cash 
Avithin twelve months from the date of the charter or certificate of 
organization, and no certificate of full share's and no policies shall 
be issued until the whole capital is paid in. A majority of the 
directors shall certify on oath that the money has been paid by the 
stockholders for their respective shares and the same is held as the 
capital of the company invested or to be invested as required by the 
next succeeding section. 

1899. c. 54, s. 27. 

4580. Capital, hOW invested. Such capital shall be invested only 
as follows : 

1. In first mortgage of real estate in this state. 

2. In bonds of the United States or of any of the states whose 
bonds do not sell for less than par. 

3. In the bonds or notes of any city, county or town of this state 
whose net indebtedness does not exceed five per centum of the last 
preceding valuation of the property therein for purposes of taxa- 
tion. The term "net indebtedness" excludes any debt created to 
provide a supply of water for general domestic use, and allows credit 
for the sinking fund of a county, city, town or district available for 
the payment of its indebtedness. 

1899, c. 54, s. 27. 

4581. Increase or reduction of capital stock by domestic com- 
panies to be examined; unsecured obligations of stockholders not 

assets. The insurance commissioner shall, upon application, exam- 
ine the proceedings of domestic companies to increase or reduce 
their capital stock, and when found conformable to law shall issue 

245 



4581 INSURANCE— VI. Domestic Companies. Ch. 101 

certificates of authority to such companies to transact business upon 
such increased or reduced capital. He shall not allow stockholders' 
obligations of any description as part of the assets or capital of any 
stock insurance company which may hereafter be organized, unless 
the same are secured by competent collateral. 

1899, c. 54, s. 15. 

4582. Assessment of shares; revocation of license if capital im- 
paired. When the net assets of a company organized under this sub- 
chapter do not amount to more than three-fourths of its original capi- 
tal, it may make good its capital to the original amount by assessment 
of its stock. Shares on which such an assessment is not paid within 
sixty days after demand shall be forfeitable and may be cancelled by 
vote of the directors and new shares issued to make up the deficiency. 
If such company shall not, within three months after notice from 
the insurance commissioner to that effect, make good its capital, or 
reduce the same, as allowed by this chapter, its authority to trans- 
act new business of insurance shall be revoked by the commissioner. 

1899, c. 54, s. 28; 1903, e. 438, s. 4. 

4583. Increase Of Capital. Any company organized under this 
subchapter may issue pro rata to its stockholders certificates of any 
portion of its actual net surplus it may deem fit to divide, which shall 
be deemed to be an increase of its capital to the amount of such cer- 
tificates. And such company may, at a meeting called for the pur- 
pose, vote to increase the amount and number of shares of its capital 
stock, and to issue certificates therefor when paid in full. In which- 
ever mode the increase is made, the company shall, within thirty 
days after the issue of such certificates, submit to the insurance com- 
missioner a certificate setting forth the amount of the increase and 
the facts of the transaction, signed and sworn to by its president and 
secretary and a majority of its directors. If the insurance commis- 
sioner finds that the facts conform to the law he shall endorse his 
approval thereof; and upon filing such certificate so endorsed with 
the secretary of state, and the payment of a fee of five dollars for 
filing the same, the company may transact business upon the capital 
as increased, and the insurance commissioner shall issue his certifi- 
cate to that effect. 

1899, c. 54, s. 29. 

4584. Reduction Of Capital. When the capital stock of a com- 
pany organized under this subchapter is impaired, such company may, 
upon a vote of the majority of the stock represented at a meeting 
legally called for that purpose, reduce its capital stock and the num- 
ber of shares thereof to an amount not less than the minimum sum 
required by law. But no part of its assets and property shall be 

246 



4584 INSURANCE— 71. Domestic Companies. Oh. 101 

distributed to its stockholders. Within ten days after such meeting 
the company shall submit to the insurance commissioner a certificate 
setting forth the proceedings thereof and the amount of such reduc- 
tion and the assets and liabilities of the company, signed and sworn 
to by its president, secretary and a majority of its directors. The 
insurance commissioner shall examine the facts in the case, and if 
the same conform to law, and in his judgment the proposed reduction 
may be made without prejudice to the public, he shall endorse his 
approval upon the certificate. Upon filing the certificate so endorsed 
with the secretary of state and paying a fee of five dollars for the 
filing thereof, the company may transact business upon the basis of 
such reduced capital as though the same were its original capital, 
and its charter shall be deemed to be amended to conform thereto, 
and the insiiranee commissioner shall issue his certificate to that 
effect. Such company may, by a majority vote of its directors, after 
such reduction, require the return of the original certificates of stock 
held by each stockholder in exchange for new certificates it may 
issue in lieu thereof for sjich number of shares as each stockholder 
is entitled to in the proportion that the reduced capital bears to the 
original capital. 
1899, e. 54, s. 30. 

4585. Dividends, when forbidden; liability of stockholders for 

unlawful dividends. No stock company organized under this subchap- 
ter shall make a dividend, either in cash or stock certificate, except 
from its actual net surplus computed as required by law m its annual 
statements, nor shall any such company which has ceased to clo new 
business of insurance divide any portion of its assets, except surplus, 
to its stockholders, until it shall have performed or cancelled its pol- 
icy obligations. No dividend shall be made by any company incor- 
porated in this state when its capital stock is impaired, or when the 
making of such dividend would have the effect of impairing its capi- 
tal stock; and any dividend as made shall subject the stockholders 
receiving the same to a joint and several liability to the creditors of 
said company to the extent of the dividend so made. 

1899, c. 54, s. 31; 1903, c. 536, s. 3. 

4586. Loans upon insufficient security; commissioner's powers. 

Whenever it shall appear by examination, as authorized by law, that 
any insurance company, organized under the laws of this state, holds, 
as collateral security for the payment of any loan, any stock, bond 
or security of whatever description, which has not a cash market 
value of at least twenty-five per centum more than the amount of 
such loan, the insurance commissioner shall have authority to re- 
quire the reduction of such loan or an increase of collateral security, 
so that the security shall be at least twenty-five per centum in excess 

247 



4586 INSURANCE— YL Domestic Companies. Ch. 101 

of the amount loaned ; and if such company fail to comply with such 
requirement within ten days after receiving written notice thereof 
from the commissioner, it shall he the duty of the commissioner to 
disallow such loan and to deduct the amount thereof from the assets 
of such company ; and if it shall appear, upon examination, that any 
such insurance company holds, as security for any loan, any mort- 
gage upon real estate which is not a first lien, or that the value of 
siich real estate is less than fifty per centum in excess of the loan 
which it is mortgaged to secure, the insurance commissioner shall 
have authority to disallow any such loan and deduct the amount 
thereof from the assets of the company holding the same, after 
having given the company at least twenty days' notice, in writing, 
to change or conform any such loan to the requirements of this sec- 
tion. 

1903, e. 536, ss. 6, 7, 8. 

4587. Mutual fire insurance companies; prerequisites to doing 
business; perjury; advance assessment to be kept in treasury; 
certain officers debarred from commissions on premiums, etc. 

Mutual fire insurance companies may be formed under this subchap- 
ter, but no policy shall be issued by a purely mutual fire insurance 
company hereafter organized, nor by a mutual fire insurance com- 
pany with a guaranty capital of less than fifty thousand dollars, until 
not less than two hundred thousand dollars of insurance, in not less 
than two hundred separate risks upon property located in North 
Carolina, has been subscribed for and entered on its books ; but in 
the formation of mutual fire insurance companies to operate in no 
more than two counties of this state, whether town or farmers mu- 
tuals, the requirement as to amount of insurance shall be twenty-five 
thousand dollars in risks owned by not less than twenty-five adult 
residents of such towns or counties. No policy shall be issued under 
this section until the president and the secretary of the company 
shall have certified under oath that each and every subscription for 
insurance in the list presented to the insurance commissioner for 
approval is genuine, and made with an agreement with each and 
every subscriber for insurance that he will take the policies sub- 
scribed for by him within thirty days after the granting of a license 
to the company by the insurance commissioner to issue policies. 
Every mutual or assessment company or association organized or 
doing business in the state on the assessment plan shall keep in its 
treasury at least one assessment sufficient to pay one average loss. 
No officer or other person whose duty it is to determine the character 
of the risk, and upon whose decision the application shall be accepted 
or rejected by a mutual fire insurance company, shall receive as any 
part of his compensation a commission upon the premiums, but his 
compensation shall be a fixed salary and such share in the net profits 

248 



4587 INSURANCE— TV. Domestic Companies. Oh. 101 

as the directors may determine. Nor shall such officer or person be 
an employee of any officer or agent of the company. 

1899, c. 54, ss. 25, 34, 32; 1901, c. 391, s. 3; 1903, c. 438, s. 4. 
Note. False oath to certificate is perjury, see Crimes. 

4588. Mutual fire companies, policyholders are members of; 
rights and liabilities of members; directors in. Every person insured 

by a mutual tire insurance company shall be a member while his 
policy is in force, entitled to one vote for each policy he holds, and 
shall be notified of the time and place of holding its meetings by a 
written notice or by an imprint upon the back of each policy, receipt 
or certificate of renewal, as follows, to-wit : 

The assured is hereby notified that by virtue of this policy he is a member of 

the insurance company, and that the annual meetings of said company 

are held at its home office on the day of , in each year, at 

o'clock. 

The blanks shall he duly filled in print and the same shall be 
deemed a sufficient notice. A corporation which becomes a member 
of such company may authorize any person to represent it in such 
company, and such representative shall have all the rights of an 
individual member. Any person holding property in trust may in- 
sure the same in such company, and as such trustee assume the lia- 
bility and be entitled to the rights of a member, but shall not be 
personally liable upon such contract of insurance. Members may 
vote by proxies, dated and executed within three months, and re- 
turned and recorded on the books of the company three days or more 
before the meeting at which they are to be used; but no person shall 
be allowed as proxy or otherwise to cast more than twenty votes. 
Everjr such company shall elect by ballot a board of not less than 
seven directors, who shall manage and conduct its business and who 
shall hold office, for one year or for such terms as the by-laws may 
provide and until their successors are qualified. Two-thirds at least 
of the directors shall be citizens of the state, and after the first elec- 
tion members only shall be eligible, but no director shall be disquali- 
fied from serving the term he was chosen for by reason of the expira- 
tion or cancellation of his policy. In companies with a guaranty 
capital, one-half of the directors shall be chosen by and from the 
stockholders. 

1899, e. 54. s. 33. 

4589. Mutual fire companies with a guaranty capital. A mu- 
tual fire insurance company formed as provided in this subchapter, or 
a mutual fire insurance company now existing, may establish a guar- 
anty capital of not less than twenty-five thousand dollars nor more 
than two hundred thousand dollars, divided into shares of one hun- 
dred dollars each, which shall be invested in the same manner as is 

249 



4589 INSURANCE— VI. Domestic Companies. Ch. 101 

provided in this subchapter for the investment of the capital stock of 
certain insurance companies. The stockholders of the guaranty capi- 
tal of a company shall be entitled to a semi-annual dividend of not 
more than three and one-half per centum on their respective shares, if 
the net profits or unused premiums left after all expenses, losses and 
liabilities then incurred, together with the reserve for reinsurance, as 
provided for, shall be sufficient to pay the same. The guaranty capi- 
tal shall be applied to the payment of losses only when the company 
has exhausted its cash in hand, and the invested assets, exclusive 
of uncollected premiums, and when thus impaired, the directors may 
make good the whole or any part of it by assessments upon the con- 
tingent funds of the company at the date of such impairment. Share- 
holders and members of such companies shall be subject to the same 
provisions of law in respect to their right to vote as apply respect- 
ively to shareholders in stock companies and policyholders in purely 
mutual companies. Such guaranty capital shall be retired when 
the permanent fund of the company equals two per centum of the 
amount insured upon all policies in force ; and such guaranty capi- 
tal may be reduced or retired by vote of the policyholders of the 
company and the assent of the insurance commissioner, if the net as- 
sets of the company above its reinsurance reserve and all other claims 
and obligations, exclusive of guaranty capital, for two years imme- 
diately preceding and including the date of its last annual statement, 
shall not be less than twenty- five per centum of the guaranty capi- 
tal. Due notice of such proposed action on the part of the company 
shall be mailed to each policyholder of the company not less than 
thirty days before the meeting when such action may be taken, and 
shall also be advertised in two papers of general circulation, ap- 
proved by the insurance commissioner, not less than three times a 
week for a period of not less than four weeks before such meeting 
No insurance company with a guaranty capital, which has ceased 
to do new business, shall divide to its stockholders any part of il 
assets or guaranty capital, except income from investments, until 
it shall have performed or cancelled its policy obligations. 

1899, c. 54, s. 34. 

4590. Mutual fire companies; dividends; assessments; liability 

Of policyholders. The directors of any mutual fire insurance com- 
pany may from time to time by vote fix and determine the amount 
to be paid as a dividend upon policies expiring during each year. 
Each policyholder shall be liable to pay his proportional share of 
any assessments which may be laid by the company in accord- 
ance with law and his contract on account of losses incurred while 
he was a member, if he is notified of such assessments within 
one year after the expiration of his policy. Any mutual fire insur- 

250 



4590 INSURANCE— VI. Domestic Companies. Oh. 101 

ance company doing business with a fixed annual premium may in 
its by-laws and policies fix the contingent liability of its members 
for the payment of losses and expenses not provided for by its cash 
funds ; but such contingent liability of a member shall not be less 
than a sum equal to five times the cash premiums written in his 
policy and in addition thereto. The total amount of the liability 
of the policyholder shall be plainly and legibly stated upon the back 
of each policy. Whenever any reduction is made in the contingent 
liability of members, such reduction shall apply proportionally to all 
policies in force. 

1899, c. 54, s. 35. 

Note. Officer guaranteeing policyholder against assessment guilty of crime, see 
Climes. 

4591. Mutual fire companies; assessment of policyholders, how 
and when made; rights and liabilities of policyholders adjusted. 

Whenever a mutual fire insurance company is not possessed of cash 
funds above its reinsurance reserve sufficient for the payment of 
insured losses and expenses, it shall make an assessment for the 
amount needed to pay such losses and expenses upon its members 
liable to assessment therefor in proportion to their several liabilities. 
The company shall cause to be recorded in a book kept for that pur- 
pose the order for such assessment, together with a statement which 
shall set forth the condition of the company at the date of the order, 
the amount of its cash assets and of its deposit, notes or other con- 
tingent funds liable to the assessment, the amount the assessment 
calls for and the particular losses or liabilities it is made to provide 
for. Such record shall be made and signed by the directors who 
voted for the order before any part of the assessment is collected, 
and any person liable to the assessment may inspect and take a copy 
of the same. When, by reason of depreciation or loss of its funds 
or otherwise, the cash assets of such company, after providing for 
its other debts, are less than the required premium reserve upon its 
policies, it shall make good the deficiency by assessment in the mode 
above provided ; and if the directors are of the opinion that the com- 
pany is liable to become insolvent they may, instead of such assess- 
ment, make two assessments, the first determining what each policy- 
holder must equitably pay or receive in case of withdrawal from 
the company and having his policy cancelled ; the second, what fur- 
ther sum each- must pay in order to reinsure the unexpired term of 
his policy at the same rate as the whole was insured at first. Each 
policyholder shall pay or receive according to the first assessment, 
and his policy shall be cancelled unless he pays the sum further deter- 
mined by the second assessment, in which case his policy shall con- 
tinue in force ; but in neither case shall a policyholder receive or 

251 



4591 INSURANCE— VI. Domestic Companies. Cli. 101 

have credited to him more than he would have received on having 
his policy cancelled by a vote of the directors under the by-laws. 

1899, c. 54, ss. 36, 37. 

4592. Mutual life and health Companies. Life and health insur- 
ance companies and associations organized in this state to do, or 
doing business, on the mutual plan shall be governed as to the com- 
mencement of business, election of members, guaranty capital, divi- 
dends and assessments as provided, in the five next preceding sec- 
tions, where applicable. 

1903, c. 536, s. 1. 

4593. Dividends on, and redemption of, guaranty capital of life 

Companies. The stockholders of the guaranty capital of any domes- 
tic life insurance company shall be entitled to such annual dividends 
not exceeding eight per centum, payable from the net surplus, as 
may have been agreed upon in the subscription thereof. And any 
such company may redeem its guaranty capital by appropriation 
of net surplus for that purpose whenever its members so vote. 
1899, e. 54, s. 58: 1903, c. 438. s. 5. 

4594. Real estate title insurance companies, how formed; this 

Chapter, hOW far applicable to. Companies may be formed in the 
manner provided in this subchapter with a capital of not less than fifty 
thousand dollars nor more than two hundred and fifty thousand dol- 
lars for the purpose of examining titles to real estate, of furnishing 
information in relation thereto, and of insuring. owners and others 
interested therein against loss by reason of incumbrances and defec- 
tive title. Such companies shall not be subject to the provisions of 
this chapter except as regards the manner of their formation, and as 
follows, to-wit:'Any such corporation, before it shall issue any policy 
or make any contract or guarantee of insurance, shall file with the 
insurance commissioner a certified copy of the record or the certifi- 
cate of its organization in the office of the secretary of state, and 
shall obtain from the insurance commissioner his certificate that it 
has complied with the laws applicable to it and is authorized to do 
business. Every such corporation shall, on or before the thirtieth 
day of January of each year, file in the office of the insurance com- 
missioner a statement such as he may require of its condition and 
of its affairs for the year ending on the preceding thirty-first day of 
December, signed and sworn to by its president or secretary or treas- 
urer and one of its directors, and for neglect to file such annual state- 
ments or for making a wilfully false statement shall be liable to the 
same penalties as are imposed upon other insurance companies. The 
insurance commissioner shall annually license such companies and 
their agents, and shall have the same power and authority to visit 

252 



4594 INSURANCE— VI. Domestic Companies. Ch. 101 

and examine such corporations as he has in the case of other domes- 
tic insurance companies, and the duties and liabilities of such cor- 
porations and their agents in reference to such examinations shall 
be the same as those of other domestic ins\irance companies. 

1899, e. 54. s. 38; 1901, c. 391, s. 3. 

VII. Foeeign Companies. 

4595. HOW admitted; laws applicable to. Foreign insurance 
companies, upon complying with the conditions herein set forth ap- 
plicable to such companies, may be' admitted to transact in this state, 
by constituted agents resident herein, any class of insurance author- 
ized by the laws now or hereafter in force relative to the duties, obli- 
gations, prohibitions and penalties of insurance companies, and sub- 
ject to all laws applicable to the transaction of such business by for- 
eign insurance companies and their agents. 

1899, e. 54, s. 61. 

4596. Conditions Of admission. No foreign insurance company 
shall be admitted and authorized to do business until — 

1. It shall deposit with the insurance commissioner a certified 
copy of its charter or certificate of organization and a statement of 
its financial condition and business, in such form and detail as he 
may require, signed and sworn to by its president and secretary or 
other proper officer, and shall pay for the filing of such statement the 
sum required by law. 

2. It shall satisfy the insurance commissioner that it is fully and 
legally organized under the laws of its state or government to do 
the business it proposes to transact; that it has, if a stock company, 
a fully paid-up and unimpaired capital, exclusive of stockholders' 
obligations of any' description, of an amount not less than one hun- 
dred thousand dollars ; but nothing in this subsection shall apply to 
companies now authorized to do business in this state ; and if a mu- 
tual company, other than life, that its net cash assets are equal to 
the capital required of like companies on the stock plan; or that it 
possesses net cash assets of not less than one hundred thousand dol- 
lars or net cash assets of not less than fifty thousand dollars, with 
also invested ass*ets of not less than one hundred thousand dollars, 
and, in each case, with additional contingent assets of not less than 
three hundred thousand dollars, and that such capital or net assets 
are well invested and immediately available for the payment of 
losses in this state ; and that it insures on any single hazard a sum 
no larger than one-tenth of its net assets. 

3. It shall by a duly executed instrument filed in his office consti- 
tute and appoint the insurance commissioner and his successor its 
true and lawful attorney, upon whom all lawful processes in any 

253 



4596 INSURANCE— VII. Foreign Companies. Ch. 101 

action or legal proceeding against it may be served, and therein shall 
agree that any lawful process against it which may be served upon 
such attorney shall be of the same force and validity as if served on 
the company, and that it will not have removed from any court of 
this state to the United States circuit or district court any action 
instituted against it, and that it will not institute any action or suit 
in equity in the United States courts against any citizen of this state 
growing out of, or in any way connected with, any policy of insur- 
ance issued by it, and the authority thereof shall continue in force 
irrevocable so long as any liability of the company remains outstand- 
ing in this state. Copies of such instrument, certified by the insur- 
ance commissioner, shall be deemed sufficient evidence thereof, and 
service upon such attorney shall be deemed sufficient service upon 
the principal. 

4. It shall appoint as its agent or agents in this state some resident 
or residents thereof. 

5. It shall obtain from the insurance commissioner a certificate 
that it has complied with the laws of the state and is authorized to 
make contracts of insurance. If a fire insurance company, it must 
also comply with the provisions of this chapter as to deposits and 
reinsurance by such companies. 

1899, c. 54, s. 62; 1901. c. 391, s. 5; 1903, c. 438, s. 0. 

4597. Limited to one class of business, when, No insurance 

company admitted to do business in the state shall be authorized to 
transact more than one class or kind of insurance therein unless it 
has the requisite capital for each business engaged in, and shall have 
paid the license taxes and fees for each class or kind of insurance, 
as by this chapter provided. 

1899, c. 54, s. 65: 1901, c. 391, s. 5; 1903, e. 438, s. 6. 

4598. Reciprocal laws. When, by the laws of any other state 
or nation, any taxes, fines, penalties, licenses, fees, deposits of money 
or of securities, or other obligations or prohibitions are imposed upon 
insurance companies of this state doing business in such other state 
or nation or upon their agents therein, then, so long as such laws 
continue in force, the same taxes, fines, penalties, licenses, fees, de- 
posits, obligations and prohibitions, of whatsoever kind, shall be im- 
posed upon all such insurance companies of such other state or na- 
tion doing business within this state and upon their agents here. 
Nothing herein shall be held to repeal or reduce the .license, fees, 
taxes, and other obligations now imposed by the laws of this state 
or to go into effect with the companies of any other state or nation 
unless some company of this state is actually doing or seeking to do 
business in such state or nation. When an insurance company or- 
ganized under the laws of any state or country is prohibited by the 

254 



459S INSURANCE— VII. Foreign Companies. Ch. 101 

laws of such state or country or by its charter from investing its 
assets other than capital stock in the bonds of this state, then and 
in such case the insurance commissioner is authorized and directed 
to refuse to grant a license to transact business in this state to such 
insurance company. 

1903, c. 536, s. 11; 1899, c. 54. s. 71. 

4599. Service of legal process, how made on the commissioner, 
as agent, etc.; two dollars to be paid by plaintiff. The service of 

legal process upon any foreign insurance company, admitted and 
authorized to do business in this state under the provisions of this 
chapter, shall be made by leaving the same in the hands or office of 
the insurance commissioner; and no service upon any company that 
is licensed to do business in this state shall be valid unless made 
upon the insurance commissioner, the general agent for service, or 
some officer of the company; and as a condition precedent to a valid 
and effectual service of process and of the duty of the commissioner 
in the premises, the plaintiff in such process shall pay to the insur- 
ance commissioner at the time of service thereof the sum of two dol- 
lars, which the plaintiff shall recover as taxable costs if he prevails 
in his action. 

1899, e. 54, ss. 62. 10; 1903, c. 438, s. 6. 

4600. Duty of commissioner when served with process as 

agent Of a foreign Company. When legal process is served upon the 
insurance commissioner as attorney for a foreign company, under the 
provisions of this chapter, he shall forthwith notify the company 
of such service by letter prepaid and directed to its secretary, or 
in the case of a foreign country, to its resident manager, if any, in 
the United States ; and shall within two days after such service for- 
ward in the same manner a copy of the process served on him to 
such secretary or manager, or to such other person as may have been 
previously designated by the company by written notice filed in the 
office of the commissioner. The commissioner shall keep a record 
of all such proceedings, which record shall show the day and hour 
of service of the process on the commissioner. 
1899, c. 54, s. 16. 

4601. Compliance with this chapter enforced by action of state 

ex rel. Commissioner. Compliance with the provision of this chapter 
as to deposits, obligations and prohibitions, and the payment of taxes, 
fines, fees and penalties by foreign insurance companies may be 
enforced in the ordinary course of legal procediire by action brought 
in the superior court of Wake county by the attorney general in the 
name of the state upon the relation of the insurance commissioner. 
1899, c. 54, s. 102; 1903, c. 438, s. 10. 

255 



4602 INSURANCE— VII. Foreign Companies. Ch. 101 

4602. Allowed to withdraw documents filed under the act of 
one thousand eight hundred and ninety-nine. The secretary of state 

is hereby authorized to return, upon request, to the insurance com- 
panies who deposited them, all copies of charters and by-laws depos- 
ited with the secretary of state by insurance companies in obedience to 
chapter sixty-two of the public laws of one thousand eight hundred 
and ninety-nine, and all insurance companies are hereby relieved and 
absolved from all duties and liabilities incurred by reason of having 
deposited such copies of . charters and by-laws; but no insurance com- 
pany shall receive the benefit of this section, nor have its charter 
and by-laws returned, \mless it shall have in all respects complied 
with chapter fifty-four of the public laws of one thousand eight hun- 
dred and ninety-nine, and all' acts amendatory thereof. 
1901, c. 577. 

Y 1 1 1. Fiee Insurance. 

4603. Risks incident to fire protection may be carried by fire 

insurance Companies. All insurance companies authorized to trans- 
act fire insurance business in this state may, in addition to the busi- 
ness Avhich they are now authorized by law to do, insure sprinklers, 
pumps and other apparatus erected or put in position for the pur- 
pose of extinguishing fires, against damage, loss or injury resulting 
from accidental causes other than fire ; and also insure any property 
which such companies are authorized to insure against loss or damage 
by fire, against damage, loss or injury by water or otherwise, result- 
ing from the accidental breaking of or injury to such sprinklers, 
pumps or other apparatus, arising from causes other than fire. Con- 
tracts of insurance of this kind, provided for in this paragraph, shall 
not be incorporated in any contract of insurance against loss or dam- 
age by fire, but shall be contained in separate and distinct policies, 
the conditions of which shall be prescribed by the insurance commis- 
sioner. 

1899, e. 54, s. 24. 

4604. Policies limited as to amount and term. No insurance 

company shall knowingly issue any fire insurance policy upon prop- 
erty within this state for an amount which, together with any exist- 
ing insurance thereon, exceeds the fair value of the property, nor 
for a longer term than seven years. Policies issued in violation 
of this section shall be binding upon the company issuing them, 
although such company shall, nevertheless, be liable for the forfeit- 
ures by law prescribed for such violation. 

1899, c. 54, ss. 39, 99; 1903, c. 438. s. 10. 

Note. Violation of this section subjects offender to a forfeiture, see sec. 4609. 



256 



4605 INSURANCE— VIII. Fire Insurance. Ch. 101 

4605. Limit Of liability on total lOSS. When buildings insured, 
against loss by fire and situated within the state are totally destroyed 
by fire, the company shall not be liable beyond the actual cash value 
of the insured property at the time of the loss or damage; and if it 
shall appear that the insured has paid premium on a sum in excess 
of such actual value, the assured shall be reimbursed the proportion- 
ate excess of premium paid on the difference between the amount 
named in the policy and the ascertained values, with interest at six 
per centum per annum from the date of issue. 

1899, c. 54, s. 40. 

4606. Mortgagor and mortgagee, policy for. Where by an agree- 
ment with the assured, or by the terms of a fire insurance policy 
taken out by a mortgagor, the whole or any part of the loss thereon 
is payable to a mortgagee of the property for his benefit, the com- 
pany shall, upon satisfactory proof of the rights and title of the 
parties, in accordance with such terms or agreement, pay all mort- 
gages protected by such policy in the order of their priority of 
claim, as their claims shall appear, not beyond the amount for 
which the company is liable, and such payments shall be to the ex- 
tent thereof, payment and satisfaction of the liabilities of the com- 
pany under such policy. 

1899, c. 54, s. 41. 

4607. All terms and conditions must be fully set out in policy. 

In all insurance against loss by fire the conditions of insurance shall 
be stated in full, and the rules and by-laws of the company shall not 
be considered as a warranty or a part of the contract, except so far 
as they are incorporated in full into the policy. 
1899, c. 54, s. 42. 

4608. Standard policy adopted. No fire insurance company 
shall issue fire insurance policies on property in this state other than 
those of the standard form filed in the office of the insurance commis- 
sioner of the state, known and designated as the standard fire insur- 
ance policy of the state of North Carolina, except as follows: (a) 
A company may print on or in its policies its name, location and 
date of incorporation, the amount of its paid-up capital stock, the 
names of its officers and agents, the number and date of the policy, 
and if it be issued through an agent, the words: "This policy shall 
not be valid until countersigned by the duly authorized manager or 

agent of the company at ," and after the words "Standard 

Fire Insurance Policy of the State of North Carolina," on the back 
of the form, the names of such other states, as have adopted this 
standard form, (b) A company may use in its policies written or 
printed forms of description and specification of the property in- 

R. S.Vol. II— 17 257 



4608 ItfSUKAtfCE— VIII. Fire Insurance. Ch. 101 

sured.^ (c) A company insuring against damage by lightning may 
'print in the clause enumerating the perils insured against, the addi- 
tional word^, "also any damage by lightning, whether fire ensues or 
not,"- and in the clause providing for an apportionment of loss in 
case of other insurance, the words, "whether by fire, lightning, or 
both." (d) A company may write or print upon the margin or across 
the face of a policy, or write or print in type not smaller than long- 
primer or ten-point roman-faced, upon separate slips or riders to 
be attached thereto, provisions adding to or modifying those con- 
tained in the standard form, and all such slips, riders.'and provisions 
must be signed by the officers or agents of the company so using 
them, (e) Every mutual company shall cause to appeV in the body 
of its policy the total amount for which the assured +uray be liable 
under the charter of the company. 

1899, c. 54, s. 43; 1901. e. 391. s. 4. 

4609. Form Of Standard policy. The standard form of policy 
shall be plainly printed, and no portion thereof shall be in type 
smaller than the type used in printing the form on file in the office 
of the insurance commissioner, and shall be as follows, to-wit: 

No ' #•> $ 

(Corporate name of the company or associativa; its principal place or places of 
business. ) 

In consideration of the stipulations herein named, and of dollars pre- 
miums. does insure for the term of from the .... day of 

, 1 . . . , at noon, to the .... day of , 1 , . . , at noon, against all direct 

loss or damage by fire, except as hereinafter provided, to an amount not exceeding 

dollars, to the following described property While located and contained as 

described herein, and not elsewh.ro. to-wit: ( HeVe must be inserted a description 
of the property insured.) «> 

This company shall not be liable beyond the actual cash value of the property 
at the time any loss or damage occu . and the loss or damage shall be ascertained 
or estimated according to such actual cash value, with proper deduction for 
depreciation, however caused, and shfrll in no event exceed what it would then 
cost the insured to repair or replace '..ie same with material of like kind and 
quality; said ascertainment or estimate shall be made- by the insured and this 
company, or, if they differ, then by appraisers, as hereinafter provided; and the 
amount of loss or damage having been thus determined, the sum for which this 
company is liable, pursuant to this policy, shall be payable sixty days after due 
notice, ascertainment, estimate, and satisfactory proof of the loss has been 
received by this company in accordance with the terms of this policy. It shall 
be optional, however, with this company to take all or any part of the articles at 
such ascertained or appraised value, and also to repair, rebuild or replace the 
property lost or damaged, with other of like kind and quality within a reasonable 
time on giving notice, within thirty days after the receipt of the proof herein 
required, of its intention so to do; but there can be no abandonment to this com- 
pany of the property described. This entire policy shall be void if the insured 
has concealed or misrepresented, in writing or otherwise, any material fact or 
circumstance concerning this insurance or the subject thereof; or if the interest 
of the insured in the property be not truly stated herein; or in case of any fraud 
or false swearing by the insured touching any matter relating to this insurance 
or the subject thereof, whether before or after a loss. This entire policy, unless 
otherwise provided by agreement endorsed hereon or added hereto, shall be void 
if the insured now has or shall hereafter make or procure any other contract of 

258 



4609 INSURANCE— VIII. Fire Insurance. Ch. 101 



insurance, whether valid or not, on property covered in whole or in part by this 
policy; or if the subject of insurance be a manufacturing establishment and it be 
operated in whole or in part at night later than ten o'clock, or if it cease to be 
operated for more than ten consecutive days, or if the hazard be inci eased by any 
means within the control or knowledge of the insured; or if mechanics be em- 
ployed in building, altering or repairing the within described premises for more 
than fifteen days at any one time; or if the interest of the insured be ('ther than 
unconditional and sole ownership; or if the subject of insurance be a building on 
ground not owned by the insured in fee-simple; or if the subject of insurance be 
personal property, and be or become encumbered by a chattel mortgage; or if, 
with the knowledge of the insured, foreclosure proceedings be commenced or 
notice given of sale of any property covered by this policy by virtue of any mort- 
gage or trust deec , or if any change, other than by the death of an insured, take 
place in the inter r t, title or possession of the subject of insurance (except change 
of occupants without increase of hazard), whether by legal process or judgment 
or by voluntary net of the insured or otherwise ; or if this policy be assigned 
before a loss; r 'f illuminating gas or vapor be generated in the described build- 
ing (or adjacen. ..hereto) for use therein; or if (any usage or custom of trade or 
manufacture to .he contrary notwithstanding) there be kept, used or allowed on 
the above-dese: "jed premises, benzine, benzole, dynamite, ether, fireworks, gaso- 
line, greek fire, gunpowder exceeding twenty-five pounds in quantity, naphtha, 
nitro-glycerine or other explosives, phosphorus or petroleum, or any of its pro- 
ducts of greater inflammability than kerosene oil of the United States standard 
(which last may be used for lights and kept for sale according to law, but in 
quantities not exceeding five barrels, provided it be drawn and lamps filled by 
daylight or at a distance not less than ten feet from artificial light) ; or if a 
building herein described, whether intended for occupancy by owner or tenant, be 
or become vacant or unoccupied and so remain for ten days. This company shall 
not be liable for loss caused directly or indirectly by invasion, insurrection, riot, 
civil war or commotion, or military or usurped power, or by order of any civil 
authority; or by theft; or by neglect of the insured to use all reasonable means to 
save and preserve the property at and after a fire or when the property is endan- 
gered by fire in neighboring premises, or (unless fire ensues, and in that event, 
for the damage by fire only) bv explosion of any kind or lightning; but liability 
for direct damage by lightning may be assumed by specific agreement hereon. If 
a building or any part thereof f all, except as the result of fire, all insurance by 
this policy on such building or Ls contents shall immediately cease This com- 
pany shall not be liable for less to accounts, bills, currency, deeds, evidences of 
debt, money, notes or securities., nor unless liability is specifically assumed hereon, 
for loss to awnings, bullion, casts, curiositie.. idrawings, dies, implements, jewels, 
manuscripts, medals, models, patterns, pictures, scientific apparatus, signs, store 
or office furniture or fixtures, sculpture, too.s, or property held on storage or for 
repairs, nor beyond the actual value de. .royed by fire, for loss occasioned by 
ordinance or law regulating construction or repair of buildings, or by interrup- 
tion of business, manufacturing processes, or otherwise, nor for any greater 
proportion of the value of plate glass, frescoes and decorations than that which 
this policy shall bear to the whole insurance on the building described. If an 
application, survey, plan or description of property be referred to in this policy 
it shall be a part of this contract and a warranty by the insured. In any matter 
relating to this insurance no person, unless duly authorized in writing, shall be 
deemed the agent of this company. This policy may, by a renewal, be continued 
under the original stipulations, in consideration of premium for the renewed 
term: Provided, that any increase of hazard must be made known to this com- 
pany at the time of renewal, or this policy shall be void. This policy shall be 
cancelled at any time at the request of the insured, or by the company by giving 
five days' notice of such cancellation. If this policy shall be cancelled as herein- 
before provided, or become void or cease, the premium having been actually paid, 
the unearned portion shall be returned on surrender of this policy or last renewal, 
this company retaining the customary short rate, except that when this policy is 
cancelled by this company by giving notice, it shall retain only the pro rata pre- 
mium. If, with the consent of this company, an interest under this policy shall 
exist in favor of a mortgagee, or of any person or corporation having an interest 

259 



4609 INSURANCE— VIII. Fire Insurance. Ch. 101 

in the subject of insurance other than the interest of the insured as described 
herein, the conditions hereinbefore contained shali apply in the manner expressed 
in such provisions and conditions of insurance relating to such interest as shall 
be written upon, attached or appended hereto. If property covered by this policy 
is so endangered by fire as to require removal to a place of safety, and is so 
removed, that part of this policy in excess of its proportion of any loss and of the 
value of property remaining in the original location, shall, for the ensuing five 
days only, cover the property so removed in the new location; if removed to more 
than one location, such excess of this policy shall cover therein for such five days 
in the proportion that the value in any one such new location bears to the value 
in all such new locations; but this company shall not, in any case of removal, 
whether to one or more locations, be liable beyond the proportion that the amount 
hereby insured shall bear to the total insurance on the whole property at the 
time of fire, whether the same cover in new location or not. If fire occur, the 
insured shall give immediate notice of any loss thereby in writing to this com- 
pany, protect the property from further damage, forthwith separate the damaged 
and undamaged personal property, put it in the best possible order, make a com- 
plete inventory of the same, stating the quantity and cost of each article and the 
amount claimed thereon; and within sixty days after the fire, unless such time is 
extended in writing by this company, shall render a statement to this company, 
signed and sworn to by said insured, stating the knowledge and belief of the 
insured as to the time and origin of the fire; the interest of the insured, and of 
all others in the property; the cash value of each item thereof, and the amount 
of loss thereon; all incumbrances thereon; all other insurance, whether valid or 
not, covering any of said property; and a cojjy of all the descriptions and sched- 
ules in all policies; any changes in the title, use, occupation, location, possession 
or exposures of said property since the issuing of this policy, by whom and for 
what purpose any building herein described, and the several parts thereof, were 
occupied at the time of fire, and shall furnish, if required, verified plans and 
specifications of any building, fixtures or machinery destroyed or damaged; and 
shall also, if required, furnish a certificate of the magistrate or notary public 
(not interested in the claim as a creditor or otherwise, nor related to the insured) 
living nearest the place of fire, stating that he has examined the circumstances 
and believes the insured has honestly sustained loss to the amount that such 
magistrate or notary public shall certify. The insured, as often as required, shall 
exhibit to any person designated by this company all that remains of any property 
herein described, and submit to examination, under oath by any person named by 
this company, and subscribe the same, and, as often as required, shall produce 
for examinations all books of account, bills, invoices and other vouchers, or certi- 
fied copies thereof if originals be lost, at such reasonable place as may be desig- 
nated by this company or its representative, and shall permit extracts and copies ' 
thereof to be made. In the event of disagreement as to the amount of loss, the 
same shall, as above provided, be ascertained by two competent and disinterested 
appraisers, the insured and this company each selecting one, and the two so 
chosen shall first select a competent and disinterested umpire; the appraisers 
together shall then estimate and appraise the loss, stating separately sound 
value and damage, and, failing to agree, shall submit their differences to the 
umpire, and the award in writing of any two shall determine the amount of such 
loss; the parties thereto shall pay the appraiser respectively selected by them, 
and shall bear equally the expenses of the appraisal and umpire. This company 
shall not be held to have waived any provision or condition of this policy or any 
forfeiture thereof by any requirement, act or proceeding on its part relating to 
the appraisal or to any examination herein provided for, and the loss shall not 
become payable until sixty days after the notice, ascertainment, estimate, and 
satisfactory proof of the loss herein required have been received by this com- 
pany, including an award by appraisers when appraisal has been required. This 
company shall not be liable under this policy for a greater proportion of any 
loss on the described property or for loss by and expense of removal from prem- 
ises endangered by fire than the amount hereby insured shall bear to the whole 
insurance, whether valid or not, or by solvent or insolvent insurers, covering such 
property, and the extent of the application of the insurance under this policy or 
of the contribution to be made by this company in case of loss may be provided 

260 



4609 INSURANCE— VIII. Fire Insurance. Ch. 101 

for by agreement or condition written hereon or attached or appended hereto. 
Liability for re-insurance shall be as specifically agreed hereon. If this company 
shall claim that the fire was caused by the act or neglect of any person or corpo- 
ration, private or municipal, this company shall, on payment of the loss, be sub- 
rogated to the extent of such payment to all right of recovery by the insured for 
the loss resulting therefrom, and such right shall be assigned to this company 
by the .insured on receiving such payment. No suit or action on this policy, for 
the recovery of any claim, shall be sustainable in any court of law or equity until 
after full compliance by the insured with all the foregoing requirements, nor 
unless commenced within twelve months next after the fire. Wherever in this 
policy the word "insured" occurs, it shall be held to include the legal representa- 
tive of the insured, and wherever the word "loss" occurs it shall be deemed the 
equivalent of "loss" or "damage." If this policy be made by a mutual or other 
company having special regulations lawfully applicable to its organization, mem- 
bership, policies or contracts of insurance, such regulations shall apply to and 
form a part of this policy as the same may be written or printed upon, attached 
or appended hereto. This policy is made and accepted subject to the foregoing 
stipulations and conditions, together with such other provisions, agreements or 
conditions as may be endorsed hereon or added hereto, and no officer, agent or 
other representative of this company shall have power to waive any provision or 
condition of this policy except such as by the terms of this policy may be the 
subject of agreement endorsed hereon or added hereto, and as to such provisions 
and conditions no officer, agent or representative shall have such power or be 
deemed or held to have waived such provisions or conditions, unless such waiver, 
if any, shall be written upon or attached hereto, nor shall any privilege or per- 
mission affecting the insurance under this policy exist or be claimed by the 
insured unless so written or attached. 

In witness whereof, this companv has executed and attested these presents, this 

.... day of , [A. D.] 1.. . * 

, Secretary. 

, President. 

1899, c. 54, s. 43; 1901, c. 391, s. 4. 

4610. Size and folding of policy; appraisers may act separately, 

When. No provisions of this chapter shall limit insurance companies 
to the use of any particular size or manner of folding the paper upon 
which their policies may be issued. And the word "together" in 
line one hundred and forty-six of the next preceding section shall not 
forbid the making of estimates by either of the appraisers when not 
in the presence of the other, but only to require that they shall come 
together for a final estimate and appraisal of the loss or damage. 

1899, c. 54, s. 43. 

Note. Issuing policy other than standard subjects company and agent to for- 
feiture, see s. 4G70. 

4611. Penalty for issuing policy not of standard form. Any 

insurance company which shall cause to .be issued, and any agent 
who shall make, issue, or deliver a policy of fire insurance other than 
the standard form of fire insurance policy, in wilful violation of 
this chapter, shall be punished as by law provided ; but such policy 
shall nevertheless be binding Tipon the company issuing the same. 

1899, c. 54, "s. 44. 

Note. See s. 4(570. 

4612. No action lies on policy of unlicensed company, when. 

No action shall be maintained in any court in the state upon any 

261 



4612 INSURANCE— VIII. Fire Insurance. Ch. 101 

policy or contract of fire insurance issued upon any property situ- 
ated in the state by any company, association, partnership, individ- 
ual or individuals that have not been authorized by the insurance 
commissioner to transact such insurance business. 
1899, e. 54, s. 105. 

4613. Resident agents required, when. Foreign fire insurance 

companies legally authorized to do business in this state through 
regularly commissioned and licensed agents located in this state, 
shall not make contracts of fire insurance on property herein, save 
through such resident agents as are regularly commissioned by them 
and licensed to write policies of fire insurance in this state. No 
provision of this section is intended or shall apply to direct insur- 
ance covering the rolling stock of railroad corporations or prop- 
erty in transit while in the possession and custody of railroad corpo- 
rations or other common carriers. 

1899, c. 54, s. 107; 1901, e. 391, s. 8. 

Note. Violation of this section a misdemeanor, see Crimes. 

4614. Nonresident agents; company must not issue policies 

through. Every fire insurance company authorized to do business 
in the state is hereby prohibited from authorizing or allowing any 
person, agent, firm or corporation who is a nonresident of this state, 
to issue or cause to be issued any policy of insurance on property 
located in this state. 

1903, c. 488, s. 1. 

4615. Licensed agents forbidden to pay commissions, etc., to 

nonresident Or Unlicensed persons. Any person, agent, firm or cor- 
poration licensed by the insurance commissioner to act as a fire insur- 
ance agent in this state is hereby prohibited from paying directly 
or indirectly any commission, brokerage, or other valuable considera- 
tion on account of any policy covering property in this state, to any 
person, agent, firm or corporation who is a nonresident of this state, 
or to any person, agent, firm or corporation not duly licensed by 
the insurance commissioner as a fire insurance agent. 
1903, e. 488, s. 2. 

4616. Penalties for violations by agents; commissioner's du- 
ties and powers to enforce two preceding sections. Whenever the 

insurance commissioner shall have or receive notice or information 
of any violation of any of the provisions of the two next preceding 
sections he shall immediately investigate or cause to be 'investigated 
such violation, and if a fire insurance company has violated any 
of such provisions he shall immediately revoke its license for not 
less than three months nor more than six months for first offense, 
and for each offense thereafter for not less than one year ; and if a 

262 



4616 INSURANCE— VIII. Fire Insurance. Ch. 101 

person, agent, firm or corporation licensed by the insurance commis- 
sioner as a fire insurance agent shall violate or cause to be violated 
any of the provisions of those sections, he shall for the first offense- 
have his license revoked for all companies for which he has been 
licensed for not less than three months nor more than six months, 
and for the second offense he shall have his license revoked for all com- 
panies for which he is licensed, and shall not thereafter be licensed 
for any company for one year from the date of such revocation. And 
for the purpose of enforcing the provisions of those sections the in- 
surance commissioner is hereby authorized and empowered to exam- 
ine persons, administer oaths and send for papers and records. Any 
failure or refusal on the part of any fire insurance company, person, 
agent, firm or corporation, licensed to do business in this state, to 
appear before the insurance commissioner when requested to do so, 
or to produce records and papers, or answer under oath, shall sub- 
ject such fire insurance company, person, agent, firm or corporation 
to the penalties of this section. 
1903, c. 488, ss. 3. 4. 

4617. Citizens of the state may be licensed to procure policies 
in unlicensed foreign companies; affidavit necessary; accounts to 
be kept and filed; bond required; tax on receipts; annual state- 
ments; special provisions as to mutual companies. The insurance 

commissioner, upon the annual payment of a fee of twenty dollars, 
may issue licenses to citizens of this state, subject to revocation at 
any time, permitting the person named therein to procure policies 
of fire insurance on property in this state in foreign insurance com- 
panies not authorized to transact business in this state. Before the 
person named in such a license shall procure any insurance in such 
companies or on any property in this state, he shall in every case 
execute and file with the insurance commissioner an affidavit that 
he is unable to procure in companies admitted to do business in the 
state the amount of insurance necessary to protect such property, and 
shall only procure insurance under such license after he has procured 
insurance in companies admitted to do business in this state to the 
full amount which such companies are willing to write on the prop- 
erty ; but siich licensed person shall not be required to offer any 
portion of such insurance to any company which is not possessed of 
cash assets amounting to at least twenty-five thousand dollars, or one 
which has, within the preceding twelve months, been in an impaired 
condition. Each person so licensed shall keep a separate account 
of the business done under the license, a certified copy of which 
account he shall forthwith file with the insurance commissioner, 
showing the exact amount of such insurance placed by any person, 
firm or corporation, the gross premium charged thereon, the com- 

263 






4617 INSURANCE— VIII. Fire Insurance. Ch. 101 

panies in which the same is placed, the date of the policies and the 
terms thereof, and also a report in the same detail of all such poli- 
cies cancelled and the gross return premium thereon. Before receiv- 
ing such license the applicant therefor shall execute and deliver to 
the insurance commissioner a bond in the penal sum of one thou- 
sand dollars, with such sureties as the insurance commissioner shall 
approve, with a condition that the licensee will faithfully comply 
with all the requirements of this section, and will file with the insur- 
ance commissioner, in January of each year, a sworn statement of 
the gross premiums charged for insurance procured or placed, and 
the gross returned premiums on such insurance cancelled under such 
license during the year ending on the thirty-first day of December 
next preceding, and at the time of filing such statement will pay into 
the treasury of the state a sum equal to five per centum of such 
gross premiums, less return premiums, .so reported ; or pay such tax 
at the time of taking out and delivering such policy or policies. Any 
broker licensed under this section may, upon application to the insur- 
ance commissioner, be allowed to place policies of insurance with 
any mutual fire insurance company not doing or licensed to do busi- 
ness in this state and not paying commissions upon business and 
not having agents to solicit business and doing only one class of fire 
insurance business, if he shall file with the insurance department a 
certified copy of the charter of each such company, a statement of 
its financial condition on a blank of the department, and certificate 
of its authority to do business at its home office, and shall also re- 
ceive from the insurance commissioner a license for each company 
to do business through him on the payment by him of the license, 
taxes and fees as required by law. All such contracts of insurance; 
placed through any such broker shall be valid and legal, and the 
risks upon which such policies are placed may be examined and 
inspected by regular agents or inspectors licensed by the insurance 
department upon the application of the broker writing such insur- 
ance. Any person licensed under the provisions of this section Avho 
shall procure or act in any manner in the procurement or negotia- 
tion of insurance in any unauthorized foreign company, and shall 
neglect to make and file the affidavit and statement as this section 
requires, shall forfeit his license and be punished as provided by 
law. 

1899, c. 54, ss. 68, 95; 1903, e. 438, s. 7, c. 680. 

Note. Violation of this section made a crime, see Crimes. 

4618. Reinsurance restricted and regulated. Whenever an ap- 
plication for license, for renewal of license or for admission to this 
state is made by a company, whether of this state, of another state 
of the United States or of a foreign country, for the transaction of 
business of fire insurance herein, such company shall, as one of the 

264 



4618 INSURANCE— VIII. Fire Insurance. Oh. 101 

prerequisites of license and admission, file a sworn declaration signed 
by its president and secretary, or officers corresponding thereto, that 
it will not reinsure any risk or part thereof taken by it on any prop- 
erty located in this state with any company not authorized to transact 
the business of tire insurance in this state. Every fire insurance 
company now or hereafter admitted shall annually and at such other 
times as the insurance commissioner may require, in addition to all 
returns now by law required of it or its agents or managers, make a 
return to the insurance commissioner in such form and detail as may 
be prescribed by him of all reinsurance contracted for or effected by 
it directly or indirectly, tipon property located in this state, such 
return to be certified by the oath of its president and secretary, if a 
company of one of the United States, and if a company of a foreign 
country, by its president and secretary or by officers corresponding 
thereto, as to such reinsurance contracted for or effected through the 
foreign office, and by the United States manager as to such reinsur- 
ance effected by the United States branch ; and if any company, do- 
mestic or foreign, shall, directly or indirectly, reinsure any risk 
taken by it on any property located in this state in any company not 
duly authorized to transact business herein, or if it shall refuse or 
neglect to make the returns required by this section, the insurance 
commissioner shall revoke its authority to transact business in this 
state. The provisions of this section shall also apply to companies 
licensed to do reinsurance business only. It shall be unlawful for 
any company reinsuring risks on property located in this state to 
reinsure such risks or parts thereof except in companies authorized 
by the laws of this state to do such business. 

1899, c. 54, s. 63; 1901, c. 391, s. 5. 

Note. A violation of this section subjects the offender to a fine by the commis- 
sioners, see s. 3457. 

IX. Life Insurance. 

4619. Husband may insure his life for benefit of wife and chil- 
dren.. The husband may insure his own life for the sole use and 
benefit of his wife, and children, and in case of the death of the hus- 
band, the amount thus insured shall be paid over to the wife and 
children, or to the guardian, if under age, for her, or their own 
use, free from all the claims of the representatives of her husband, 
or any of his creditors. 

Const, Art. X, s. 7. 

4620. Beneficiary takes precedence of creditors, etc., of in- 
sured; may sue in his own name; if a married woman, holds to her 
separate use and that of her children. When a policy of insurance 

is effected by any person on his own life, or on another life in favor 
of some person other than himself having an insurable interest 

265 



4620 INSURANCE— IX. Life Insurance. Oh. 101 

therein, the lawful beneficiary thereof, other than himself or his 
legal representatives, shall be entitled to its proceeds against the 
creditors and representatives of the person effecting the same. The 
person to whom a policy of life insurance is made payable may main- 
tain an action thereon in his own name. Every policy of life insur- 
ance made pa} r able to or for the benefit of a married woman, or after 
its issue assigned, transferred, or in any way made payable to a 
married woman, or to any person in trust for her or for her benefit, 
whether procured by herself, her husband or by any other person, 
and whether the assignment or transfer is made bv her husband or 
by any other person, shall inure to her separate use and benefit and 
to that of her children, if she should die in his lifetime. 
Const., Art. X, s. 7; 1800, c. 54, s. 59. 

4621. Life insurance company defined; requisites to contracts. 

All corporations, associations, partnerships or individuals doing busi- 
ness in this state, under any charter, compact, agreement or statute 
of this or any other state, involving the payment of money or other 
thing of value to families or representatives of policy and certifi- 
cate holders or members, conditioned upon the continuance or cessa- 
tion of human life, or involving an insurance, guaranty, contract or 
pledge for the payment of endowments or annuities, or who shall 
employ agents to solicit business, shall be deemed to be life insurance 
companies, shall in all respects be subject to the laws herein made 
and provided for the government of life insurance companies, and 
shall not make any such insurance, guaranty, contract or pledge in 
this state with any citizen or resident thereof, which does not dis- 
tinctly state the amount of benefits payable, the manner of payment 
and the consideration therefor. 
1899, e. 54, s. 55. 

4622. Prerequisites to doing business here; financial condition; 

number Of policies; deposit. A company organized under the laws 
of any other of these United States for the transaction of life insur- 
ance may be admitted to do business in this state, provided it com- 
plies with the other provisions of this chapter regulating the terms 
and conditions upon which foreign life insurance companies may be 
admitted and authorized to do business in this state, and, in the 
opinion of the insurance commissioner, is in sound financial condi- 
tion and has policies in force upon not less than five hundred lives 
for an aggregate amount of not less than five hundred thousand dol- 
lars. Any life company organized under the laws of any other coun- 
try than the United States, in addition to the above requirements, 
must make and maintain the deposit required of such companies by 
subchapter four of this chapter. 
1899, c. 54, s. 56. 

266 



4623 INSURANCE— IX. Life Insurance. Ch. 101 

4623. Discrimination between insurants forbidden. No life 

insurance company doing business in this state shall make any 
distinction or discrimination in favor of individuals between in- 
surants of the same class and equal expectation of life in the 
amount of payment of premiums or rates charged for policies of 
life or endowment insurance, or in the dividends or other benefits 
payable thereon, or in any of the terms and conditions of the con- 
tracts it makes; nor shall any such company or any agent thereof 
make any contract of insurance or agreement as to such contract 
other than as plainly expressed in the policy issued thereon ; nor shall 
any such company or agent pay or allow as inducement to insurance 
any rebate of premium payable on the policy, or any special favor 
or advantage in the dividends or other benefit to accrue thereon, 
or any valuable consideration or inducement whatever not specified 
in the policy contract of insurance. 

1899, c. 54, s. 57; 1903, c. 438, ss. 5, 10. 

Violation of this section subjects the offender to a fine by the commissioner and 
to revocation of license, see s. — . 

4624. Distribution of surplus of mutual companies. Every life 

insurance corporation doing business in this state upon the principle 
of mutual insurance, or the members of which are entitled to share 
in the surplus funds thereof, may make distribution of such surplus 
as it may have accumulated annually, or once in two, three, four or 
five years as the directors thereof may from time to time determine. 
In determining the amount of the surplus to be distributed there 
shall be reserved an amount not less than the aggregate net value 
of all the outstanding policies, such value to be computed by the 
American experience table of mortality with interest not exceeding 
four and one-half per cent. 
1903, c. 536, s. 10. 

4625. Domestic companies to report outstanding policies; re- 
insurance fund to be calculated by commissioner, it shall be the 

duty of every life insurance company incorporated by the laws of 
this state to make returns in January of each year to the insurance 
commissioner of this state, showing all its policies and annuity 
bonds in force on the first day of that month, with such particulars 
of the same as are necessary for the valuation thereof as hereinafter 
directed. The insurance commissioner shall thereupon compute, or 
caiise to be computed, the value of such policies and bonds, or what 
is known as the reinsurance fund therefor, according to the American 
experience table of mortality and interest at the rate of four and a 
half per centum, or according to the actuaries' mortality and four 
per centum interest, or according to any other recognized standard 
of valuation as he may deem best for the security of the business 

267 



4625 INSURANCE— IX. Life Insurance. Oh. 101 

and the safety of the persons insured ; upon such valuation being- 
made, a certificate thereof furnished by the insurance commissioner, 
each company shall pay to such officer, to defray the expense thereof, 
the sum of one cent for every thousand dollars of the whole amount 
insured by its policies so valued. 
1903, e. 530, s. 4. 

4626. Reinsurance of risks regulated. No domestic life insur- 
ance company shall reinsure its risks except by permission of the 
insurance commissioner, but may reinsure not exceeding one-half 
of any individual risk. It shall be lawful for the receiver of any 
life insurance company organized under the laws of this state, when- 
ever the assets of such company shall be sufficient for that purpose, 
and the consent of two-thirds of the policyholders thereof shall have 
been had in writing, to reinsure all the policy obligations of such 
company in some other solvent life insurance company, or, whenever 
the assets are insufficient to secure the reinsurance of all the policies 
in full, he may reinsure such a percentage of each and every policy 
outstanding as the assets will secure ; but there shall be no preference 
or discrimination as against any policyholder, and the contract for 
such reinsurance by the receiver shall be approved by the insurance 
commissioner of this state before it shall have effect. 

1899, c. 54, s. 58; 1903, c. 536, s. 9. 

4627. Medical examination, when required. No life insurance 

company organized under the laws of or doing business in this state 
shall enter into any contract of insurance upon lives within this 
state without having previously made or caused to be made a pre- 
scribed medical examination of the insured by a registered medical 
practitioner. This section shall not apply to the issuing of policies, 
or other contracts of insurance, for less than one hundred dollars. 

1899, c. 54, s. 58; 1903, c. 438, s. 5. 

Note. Violation of this section is a misdemeanor, see Crimes. 

X. Assessment Companies. 

4628. Copies of charter and by-laws must be filed. Every cor- 
poration, company, society, organization or association of this or 
any other state or country, transacting business under this depart- 
ment upon the co-operative 1 or assessment plan, shall file with the 
insurance commissioner, before commencing or continuing to do busi- 
ness in this state, a copy of its charter or articles of association, as 
well as the by-laws, rules or regulations referred to in its policies or 
certificates and made a part of such contract. No by-laws or regula- 
tions unless so filed with the insurance commissioner shall operate to 

268 



4628 INSURANCE— X. Assessment Companies. Ck. 101 

avoid or affect any policy or certificate issued by such company or 
association. 

1899, c. 54, s. 86. 

4629. All contracts must be in accord with charter and by- 
laws. Every policy or certificate or renewal receipt issued to a resi- 
dent of this state by any corporation, association or order transact- 
ing therein the business of insurance upon the assessment plan, shall 
be in accord with the provisions of the charter and by-laws of such 
corporation, association or order, as filed with the insurance commis- 
sioner. And it shall be unlawful for any such domestic or foreign 
insurance company or fraternal order to transact or offer to transact 
any business not authorized by the provisions of its charter and the 
terms of its by-laws, or, through an agent or otherwise, to offer or 
issue any policy, renewal, certificate or other contract whose terms 
are not in clear accord with the powers, terms and stipulations of 
its charter and by-laws. 

1899, c. 54, s. 84; 1903, c. 438. s. 9. 

4630. Advance assessments, when required. Every domestic 

insurance company, association or order, doing business on the as- 
sessment plan shall collect and keep at all times in its treasury one 
regular loss assessment, sufficient to pay one regular average loss. 

1899, c. 54, s. 84; 1903, c. 438, s. 9. 

4631. Revocation Of licenses. If any such corporation or associa- 
tion or order shall at any time fail or refuse to comply with the pro- 
visions of the two next preceding sections, or section forty-five hun- 
dred and sixty-two, the insurance commissioner shall forthwith sus- 
pend or revoke all authority to such corporation, association or order, 
and of all its agents or officers to do business in this state, and shall 
publish such revocation in some newspaper published in this state. 

1899, c. 54, s. 85. 

XI. Fraternal Orders. 

4632. What laws applicable to. Nothing in the general insur- 
ance laws, except such laws as apply to fraternal orders, shall be con- 
strued to extend to benevolent associations, incorporated under the 
laws of this state that only levy an assessment on the members to 
create a fund to pay the family of a deceased member and make no 
profit therefrom, and do not solicit business through agents. 

1899, c. 54, s. 87; 1901, c. 706, s. 2. 

4633. Fraternal orders defined. Every incorporated association, 
order or society doing business in this state on the lodge system, with 
ritualistic form of work and representative form of government, for 

269 



4633 INSURANCE— XL Fraternal Orders. Ch. 101 

the purpose of making provision for the payment of benefits in case 
of death, sickness, temporary or permanent physical disability, either 
as the result of disease, accident or old age, formed and organized 
for the sole benefit of its members and their beneficiaries, and not 
for profit, is hereby declared to be a "fraternal beneficiary order, so- 
ciety or association;" and such order, society or association paying 
death benefits may also create, maintain, apply or disburse among its 
membership a reserve or emergency fund as may be provided in its 
constitution or by-laws ; but no profit or gain shall be added to the 
payments made by a member. Any incorporated order, association 
or society not doing business on the lodge system, with ritualistic 
form of work, which is so conducted as to make it a fraternal bene- 
ficiary order, society or association within the true meaning of this 
chapter, and shall show such facts to the satisfaction of the commis- 
sioner, shall be permitted to do business in this state upon compli- 
ance with the laws applicable to "fraternal orders." 
1899, c. 54, s. 88; 1901. c. 706, s. 3. 

4634. Funds must be derived from assessments and dues. 

The fund from which the payment of benefits, as provided for in 
the next preceding section, shall be made and the fund from which 
the expenses of such association, order or society shall be defrayed 
shall be derived from assessments or dues collected from its members. 
Such societies or associations shall be governed by the laws of the 
state governing fraternal orders, and shall be exempt from the pro- 
visions of all general insurance laws of this state, and no law here- 
after passed shall apply to such societies unless fraternal orders be 
designated therein. 

1899, c. 54, s. 89; 1901, c. 706, s. 2. 

4635. Supreme governing body may meet out of the state; 

principal business Office must be here. Any such society incorpo- 
rated and organized under the laws of this state may provide for 
the meeting of its supreme legislative or governing body in any other 
state, province or territory wherein such society shall have subordi- 
nate lodges, and all business that has been heretofore or may here- 
after be transacted at such meetings shall be as valid in all respects 
as if such meetings were held within this state ; but the principal 
business office of such society shall always be kept within this state 
and never removed therefrom. 
1899, c. 54, s. 91. 

4636. Conditions precedent to doing business here. Any such 

fraternal beneficiary order, society or association as is defined by 
this chapter chartered and organized in this state, or organized and 
doing business under the laws of another state, district, province or 

270 



4636 INSURANCE— XI. Fraternal Orders. Oh. 101 

territory, upon satisfying the insurance commissioner that its busi- 
ness is proper and legitimate and so conducted, may be admitted to 
transact business in this state \ipon the same conditions as are pre- 
scribed by this chapter for admitting and authorizing foreign insur- 
ance companies to do business in this state, except that such fraternal 
orders shall not be required to have the capital required of such 
insurance companies. 

1899, e. 54, s. 92; 1901, c. 706, s. 2; 1903, e. 438. s. 9. 

XII. Fidelity Insurance. 

4637. May be guardian, personal representative, receiver, 

trustee and assignee, Without bond. Any corporation licensed by 
the insurance commissioner, where such powers or privileges are 
granted it in its charter, may be guardian, trustee, assignee, receiver, 
executor or administrator in this state without giving any bond ; and 
the clerks of the superior courts or other officers charged with the 
duty, or clothed with the power of making such appointments, are 
hereby authorized to appoint such corporation to any such office, 
whether the corporation be a resident of this state or not. 
1899, c. 54, s. 47; 1903, c. 438, s. 5. 

4638. License to do business. Before any such corporation 
shall be authorized to execute any bond, obligation or undertaking, 
or act in any fiduciary capacity without bond, it shall be licensed by 
the insurance commissioner of the state, which the commissioner is 
authorized to do when he is satisfied that such company or corpo- 
ration is safe and solvent and has complied with the laws of this 
state applicable to such companies, and, if a foreign company, that 
it has also complied with the conditions, rules and regulations gov- 
erning the admission of foreign insurance companies to do business 
in this state. 

1899, c. 54. s. 46; 1901, c. 706, s. 1. 

4639. Examinations as tO Solvency. The commissioner shall 
examine into the solvency of such corporation, and shall, if he deem 
it necessary, at the expense of such corporation, make or cause to 
be made an examination at the home office of such corporation of 
its assets and liabilities. 

1899, c. 54, s. 46; 1901, c. 706. 

4640. Certificate of solvency equivalent to justification. After 

any such corporation shall have been licensed by the commissioner, 
the certificate of the commissioner that such corporation has been 
admitted to do business in the state and is then licensed by the insur- 
ance commissioner and is solvent to an amount not less than one 

271 



4640 INSURANCE— XII. Fidelity Insurance. Oh. 101 

hundred thousand dollars shall be, until such certificate is revoked 
by him, equivalent to the justification of sureties, and such certifi- 
cate shall be full evidence of its authority to give such bonds or un- 
dertakings. There shall be no charge for the seal of such certificate. 

1899, c. 54, s. 40; 1901, c. 700. 

4641. Clerks superior courts notified; revocation of license. 

The insurance commissioner, upon granting license to any such 
corporation, shall immediately thereafter notify the clerk of the 
superior court of each county in the state that such corporation 
has been licensed under this chapter; and whenever such commis- 
sioner shall be satisfied that any corporation licensed by him has 
become insolvent, or is in imminent danger of insolvency, he shall 
revoke the license granted to it, and notify the clerk of the superior 
court of each county of such revocation ; and after such notification, 
the right of such corporation to hold any office, or be surety on any 
bond, as permitted by this chapter, shall cease. 

1899, c. 54, s. 50. 

4642. Resident agents required. All business done in this state 

by any fidelity insurance company must be done through regularly 
authorized agents residing in this state, or through applications of 
such agents ; and all policies so issued must be countersigned by 
such agents. 

1899, e. 54, s. 108; 1903, c. 438. s. 11. 

XIII. Bono, Investment, etc., Companies. 

4643. License; Capital; Supervision. Before any bond, invest- 
ment, dividend, guarantee, registry, title guarantee, debenture or 
such other like company (not strictly an insurance company as de- 
fined in this chapter) shall be authorized to do business in this state, 
it must be licensed by the insurance commissioner, which the com- 
missioner is authorized to do when he is satisfied that such company 
or corporation is safe and solvent, and has complied with the laws 
of this state applicable to fidelity companies and governing their 
admission and supervision by the insurance department. If such 
company is chartered and organized in this state and has its home 
office within the state, it may, if a stock company, commence busi- 
ness with a capital stock of twenty-five thousand dollars : Provided, 
it is solvent to the extent of not less than fifteen thousand dollars. 
The license issued to such companies and their agents shall be issued 
and paid for as provided for those of insurance companies. 

1899, c. 54, s. 87; 1901, c. 706, s. 2. 



272 



4644 INSURANCE— XIV. General Provisions. Oh. 101 



XIV. Gkneeal Provisions. 

4644. State law governs insurance contracts, when. All con- 
tracts of insurance on property, lives or interests in this state shall 
be deemed to he made therein ; and all contracts of insurance, the 
application for which is taken within this state, shall be deemed to 
have been made within this state and shall be subject to the laws 
thereof. 

1899, c. 54, s. 2; 1901, c. 705, s. 1. 

4645. Unlawful to make or solicit contracts except under this 

chapter. It shall be unlawful for any company to make any con- 
tract of insurance upon or concerning any property or interest or 
lives in this state, or with any resident thereof, or for any person 
as insurance agent or insurance broker to make, negotiate, solicit 
or in any manner aid in the transaction of such insurance, unless 
and except as authorized under the provisions of this chapter. 
1899, c. 54, s. 2. 

4646. Statements and descriptions in application. All state- 
ments or descriptions in any application for a policy of insurance, 
or in the policy itself, shall be deemed and held representations and 
not warranties ; nor shall any representation, unless material or 
fraudulent, prevent a recovery on the policy. 

1901, c. 705, s. 2. 

4647. Stipulations as to jurisdiction and limitation of actions. 

No company or order, domestic or foreign, authorized to do business 
in this state under this chapter, shall make any condition or stipula- 
tion in its insurance contracts concerning the court or jurisdiction 
wherein any suit or action thereon may be brought, nor shall it limit 
the time within which such suit or action may be commenced to less 
than one year after the cause of action accrues or to less than six 
months from any time at which a plaintiff shall take a nonsuit to an 
action begun within the legal time. All conditions and stipulations 
forbidden by this section shall be void. 

1899, e. 54, ss. 23, 106; 1901, c. 391, s. 8. 

Note. Violation of this section subjects offender to forfeiture, see Crimes. 

4648. Resident agents required, when. All business done in 

this state by fire, steam-boiler, liability, accident, plate-glass, and 
fidelity insurance companies shall be issued by their regularly au- 
thorized agents residing in the state, or transacted through applica- 
tions of such agents, and all policies so issued shall be countersigned 
by such agents. 

1899, c. 54, ss. 107, 108; 1903, e. 438, s. 11. 

Note. Violation of this section a misdemeanor, see Crimes. 

R. S. Vol. 11—18 ■ 273 



4649 INSURANCE— XIV. General Provisions. Ch. 101 



4649. Companies must do business in own name. Every insur- 
ance company, foreign or domestic, shall conduct its business in the 
state in its own proper or corporate name, and the policies and con- 
tracts of insurance issued by it shall be headed or entitled only by 
its proper or corporate name. 

1899, c. 54, s. 18. 

4650. Publication of assets and capital regulated. When any 

company publishes its assets it shall in the same connection and with 
equal conspicuousness publish its liabilities computed on the basis 
allowed for its annual statements ; and any publications purporting 
to show its capital shall exhibit only the amount of such capital as 
has been actually paid in cash. 

1899, c. 54, s. 18. 

Note. Violation of this section a crime, see Crimes. 

4651. Agents, when personally liable. An insurance agent shall 

be personally liable on all contracts of insurance unlawfully made 
by or through him, directly or indirectly, for or in behalf of any 
company not authorized to do business in the state. Any person or 
citizen of the state who shall fill up or sign any open policy, certifi- 
cate, blank or coupon of, or furnished by any unlicensed company, 
agent or broker, the effect of which shall be to bind any insurance 
in an unlicensed company on property in this state, shall be deemed 
the agent of such company, and personally liable for all licenses and 
taxes due on account of such transaction. 
1899, c. 54, s. 70; 1903, c. 438, s. 7. 

4652. Premium, payment to broker, etc., valid; obtaining by 

fraud, a Crime. An insurance agent or broker who acts for a per- 
son other than himself in negotiating a contract of insurance 
shall, for the purpose of receiving the premium therefor, be 
held to be the company's agent, whatever conditions or stipvdations 
may be contained in the policy or contract. Such agent or broker 
knowingly procuring by fraudulent representations payment, or the 
obligation for the payment of a premium of insurance, shall be pun- 
ished as by law provided. 

1899, c. 54, s. 69. 

Note. Agent fraudulently obtaining premium guilty of a crime, see Crimes. 

XV. Inspections and Investigations. 

4653. Office of chief of fire department created. There is 

hereby created in the cities and incorporated towns of the state whor. 
not already established by their charters the office of chief of fire 
department. It shall be the duty of such officer to do and perform 

274 



4653 INSURANCE— XV. Inspections, etc. Ch. 101 

the duties prescribed in this subchapter, and such other duties as are 
prescribed in the charters and ordinances of the cities and towns of 
the state. 

1901, c. 677, s. 1. 

4654. Election, term of office, compensation and duties. Where 

it is not fixed in the charters of such cities and towns, it shall be the 
duty of the board of aldermen and commissioners in each city and 
town to elect such officer, and to fix the term of office, prescribe the 
duties and obligations and compensation of such officer, and change 
the duties and compensation from time to time, not inconsistent 
with the duties as prescribed in this subchapter. 
1901, c. 677, s. 2. 

4655. Additional duties of chief of fire department. Where 

such duties are not prescribed by the charters or governing board 
of incorporated cities and towns, it shall be the duty of such chief 
of fire department, in addition to the other duties prescribed by this 
subchapter to preserve and care for the fire apparatus, to have charge 
of the fighting and putting out of all fires, to make annual reports to 
the city or town governments, to seek out and have corrected all 
places and conditions dangerous to the safety of the city from fire, 
to look after buildings being erected with a view to their safety 
from fires and to do and perform such other duties as may be pre- 
scribed by the governing boards of the several cities and towns. 
1901, c. 677, s. 3. 

4656. Fires investigated; report; record of all fires kept. The 

insurance commissioner and the chief of the fire department, or chief 
of police where there is no chief of fire department, in cities and 
towns, and the sheriff of the county where such fire occurs oiit- 
side of an incorporated city or town, arc hereby authorized to 
investigate the cause, origin and circumstances of every fire occur- 
ring in such cities or towns or counties in which property has been 
destroyed or damaged, and shall specially make investigation whether 
such fire was the result of carelessness or design. A preliminary 
investigation shall be made by the chief of fire department or 
chief of police, where there is no chief of fire department, in incor- 
porated cities and towns, and by the sheriff of the county where 
such fire occurs outside of an incorporated city or town, and shall 
be begun within three days, not including the Lord's day, of the 
occurrence of such fire, and the insurance commissioner shall have 
the right to supervise and direct such investigation whenever he 
deems it expedient or necessary. The officer making such investi- 
gation of fires shall forthwith notify the insurance commissioner, 

275 



4656 INSURANCE— XV. Inspections, etc. Ch. 101 

and shall within one week of the occurrence of the fire furnish to 
siich commissioner a written statement of all the facts relating to 
the cause and origin of the fire, the kind, value and ownership of 
the property destroyed, and such other information as may be called 
for by the blanks provided by the commissioner. The insurance 
commissioner shall keep in his office a record of all fires occurring 
in the state, together with all facts, statistics, and circumstances, 
including the origin of the fires which may be determined by the 
investigations provided for by this subchapter ; such record shall at 
all times be open to public inspection. 

1899, e. 58; 1901, e. 387; 1903, c. 719. 

4657. Commissioner to take testimony, cause arrests and 
prosecutions, and furnish information to solicitor, it shall be the 

duty of the insurance commissioner to examine, or cause examina- 
tion to be made, into the cause, circumstances and origin of all fires 
occurring within the state to which his attention has been called in 
accordance with the provisions of the next preceding section, or by 
interested parties, by which property is accidentally or unlawfully 
burned, destroyed or damaged, whenever in his judgment the evi- 
dence is sufficient, and to specially examine and decide whether the 
fire was the result of carelessness or the act of an incendiary. The 
commissioner shall, in person, by deputy or otherwise, fully investi- 
gate all circumstances surrounding such fire, and, when in his opin- 
ion such proceedings are necessary, take or cause to be taken the tes- 
timony on oath of all persons supposed to be cognizant of any facts 
or to have means of knowledge in relation to the matters as to which 
an examination is herein required to be made, and shall cause the 
same to be reduced to writing ; and if he shall be of the opinion that 
there is evidence sufficient to charge any person with the crime of 
arson, or other wilful burning, he shall cause such person to be 
arrested and charged with such offense, and prosecuted, and shall 
furnish to the solicitor of the district all such evidence, together 
with the names of witnesses and all the information obtained by him, 
including a copy of all pertinent and material testimony taken in the 
case. 

1899, c. 58, s. 2; 1901, e. 387, s. 2; 1903, e. 719. 

4658. Commissioner and deputies may compel attendance of 
witnesses, administer oaths, enter premises by day or night, hold 

investigations in private, etc. The insurance commissioner, or his 
deputy appointed to conduct such examination, shall have the pow- 
ers of a trial justice for the purpose of summoning and compelling 
the attendance of witnesses to testify in relation to any matter which 
is by provisions of this subchapter a subject of inquiry and investiga- 
tion. The commissioner or his deputy may also administer oaths and 

276 



4658 , INSURANCE— XT 7 . Inspections, etc. Oh. 101 

affirmations to persons appearing as witnesses before them; and 
false swearing in any such matter or proceeding shall be deemed per- 
jury and shall be punished as such. The commissioner or his deputy 
shall have authority at all times of the day or night, in performance 
of the duties imposed by the provisions of this subchapter, to enter 
upon and examine any building or premises where any fire has oc- 
curred, and other buildings and premises adjoining or near the same. 
All investigations held by or under the direction of the commissioner 
or his deputy may, in their discretion, be private, and persons other 
than those required to be present by the provisions of this siibchapter 
may be excluded from the place where such investigation is held, and 
witnesses may be kept separate and apart from each other, and not 
allowed to communicate with each other until they have been ex- 
amined. 

1899, c. 58, s. 3; 1901, c. 387, s. 3. 

4659. Commissioner and others must inspect premises; may 
enter buildings, etc.; must order dangerous matter removed; 
orders must be obeyed; appeal; expenses and cost. The insur- 
ance commissioner, or the chief of fire department or chief of police 
where no chief of fire department, or local inspector of buildings in 
cities and towns where such officer is elected or appointed, shall 
have the right at all reasonable hours, for the purpose of examina- 
tion, to enter into and upon all buildings and premises within their 
jurisdiction. It shall be the duty of the insurance commissioner to 
require in all incorporated cities and towns of the state that such 
officers shall make in their respective cities and towns annual in- 
spections of the buildings in such cities and towns and quarterly 
inspection of all premises within the fire limits and report in detail 
the results of their inspection to the insurance commissioner upon 
blanks furnished by him. Whenever any of such officers shall find 
in any building or upon any premises combustible material or in- 
flammable conditions dangerous to the safety of such building or 
premises they shall order the same to be removed or remedied, and 
such order shall be forthwith complied with by the owner or occu- 
pant of such building or premises, but if the owner or occupant shall 
deem himself aggrieved by such order he may, within twenty-four 
hours, appeal to the insurance commissioner, and the cause of the 
complaint shall be at once investigated by his direction, and unless 
by his authority the order of the officer above named is revoked such 
order shall remain in force and be forthwith complied with by the 
owner or occupant. The insurance commissioner, fire chief, or fire 
committee shall make an immediate investigation as to the presence 
of combustible material or the existence of inflammable conditions 
in any building or upon any premises under their jurisdiction upon 

277 



4659 INSURANCE— XV. Inspections, etc. . Ch. 101 

complaint of any person having an interest in such building or 

premises or property adjacent thereto. The insurance commissioner 

may, in person or by deputy, visit any city or incorporated town and 

make such inspections alone or in company with the local officer. 

The local inspector shall be paid by the city or town a reasonable 

salary or proper fees to be fixed by the governing board of such city 

or town. 

1899, c. 58, s. 4; 1901, e. 387, s. 4; 1903, c. 719. 

Note. Refusal to comply with this section renders owner guilty of a misde- 
meanor, see Crimes. , 

4660. Fire loss to be reported to commissioner before pay- 
ment. Every insurance company transacting business in this state 
shall, upon receiving notice of loss by fire of property in North Caro- 
lina, on Avhich it is liable under a policy of insurance, forthwith 
notify the insurance commissioner thereof, and no insurance upon 
any such property shall be paid by any company until one week 
after such notification. Any company violating this section may be 
fined by the insurance commissioner the sum of ten dollars for each 
and every offense, and, for refusal to comply with its provisions, its 
license may be cancelled by the commissioner. 

1899, c. 54, s. 40; 1903, c. 438, s. 4. 

4661. Special tax on fire companies to defray expenses. Any 

expenses, including counsel fees, expense of deputy, detectives and 
officers, incurred by the insurance commissioner in the performance 
of the duties imposed upon him by the provisions of this subchapter, 
shall be defrayed by the fire insurance companies doing business in 
this state and a tax of one-fifth of one per centum on the gross pre- 
mium receipts of all such companies is hereby levied for this purpose, 
to be collected by the insurance commissioner as other taxes on insur- 
ance companies are collected. The commissioner shall keep a sepa- 
rate account of all moneys received and disbursed under the provis- 
ions of this section, and shall include same in his annual report. 

4662. Reports Of Commissioner. The insurance commissioner 
shall submit annually, as early as consistent with full and accurate 
preparation, and not later than the first day of June, a detailed re- 
port of his official action under this chapter and it shall be embodied 
in his biennial report to the general assembly. 

1899, c. 58, s. 7; 1901, c. 387. s. 7. 



Note. Violations of this subchapter by officers made criminal, see Crimes. 
For false swearing in proceedings under it made perjury, see Crimes. 



278 



4663 INSURANCE— XVI. Insuring State Property. Ch. 101 
XVI. Insuring State Property. 

4663. Commissioner to have charge of such insurance; keep 

a record, etc. It shall be the duty of the insurance commissioner 
to prepare a schedule of the different properties of the state and to 
procure policies of insurance thereon according to such schedules 
for such amounts as may be. agreed upon by him and the board of 
officers having such property in charge, and to inspect and pass upon 
all policies of insurance issued upon the public buildings or other 
property belonging to the state, as regards the form of contract, rate, 
description and such other things as may be necessary to have such 
policies in proper form. He shall keep a record in his department, 
showing the number and date of policy, the name of company, the 
amount insured, the amount of premium, date of expiration, and the 
property insured and its location. , 

1901, e, 710, ss. 1, 2; 1903, c. 771, s. 1. 

4664. Premiums, how paid; steps preliminary to payment. The 

premiums on all insurance of state property placed as provided in 
this subchapter, shall be paid on the order of the insurance commis- 
sioner by the officer or board having such property in charge out of the 
appropriation to such institution or any sum available therefor, unless 
the general assembly shall make a special appropriation therefor or 
provide otherwise for its payment. And before any board, public offi- 
cer or other person charged with the custody or safe-keeping of any 
public building or other property of the state,- shall pay any sum of 
money as premium for a policy of insurance thereon, they shall re- 
ceive and file among their records a certificate of the insurance com- 
missioner that he has examined and approved of the policies of in- 
surance, and giving the number, amount, date, term and property 
covered, of such policies and the names of the companies in which 
they are written. 

1901, c. 710, ss. 1. 2; 1903, c. 771, ss. 2, 3. 

4665. Information to be furnished commissioner by state offi- 
cials. It shall be the duty of the different officers or boards having 
in their custody any property belonging to the state to inform the 
commissioner, giving him in detail a full description of same, and 
keep him informed of any changes in such property or its location 
or surroundings. 

1901, c. 710. ss. 1, 2; 1903, c'771, s. 2. 

4666. Commissioner to inspect state property, it shall be the 

duty of the commissioner at least once in each year, or oftener, if 
deemed necessary, to visit, inspect and thoroughly examine each 
state institution or other state property with a view to its protection 

279 



4666 INSURANCE— XVI. Insuring State Property. Cb. 101 

from fire, as well as to the safety of its inmates or the property 
therein, in case of fire, and call to the attention of the board or 
officer having the same in charge any defect noted by him or any im- 
provement deemed necessary. 

1901, c. 710, ss. 1, 2; 1903, c. 771, s. 3. 

4667. Report required. The insurance commissioner shall sub- 
mit annually to the governor a full report of his official action under 
this subchapter, with such recommendations as shall commend them- 
selves to him, and it shall be embodied in or attached to his biennial 
report to the general assembly. 

1901, c. 710, ss. 1, 2; 1903, c. 771, s. 4. 

XVII. Penalties. 

4668. Informer, other than commissioner, to have half. The 

person, if other than the insurance commissioner, or his deputy, 
upon whose complaint a conviction is had for violation of the law 
prohibiting insurance in or by foreign companies not authorized to 
do business in the state, or for soliciting, examining, inspecting any 
risk, or receiving, collecting or transmitting any premium, or ad- 
justing or aiding in the adjustment of a loss, under a contract made 
otherwise than authorized by the laws of this state, shall be entitled 
to one-half of the penalty recovered therefor. 
1899, c. 54, s. 93. 

4669. Issuing certain fire policies contrary to law. Any insur- 
ance company or agent who shall make, issue or deliver a policy of 
fire insurance in wilful violation of sections forty-five hundred and 
seventy-two, forty-six hundred and four, and forty-six hundred and 
forty-seven shall forfeit for each offense not less than fifty nor more 
than two hundred dollars ; but such policy shall, nevertheless, be 
binding upon the company issuing the same. 

1899, c. 54, s. 99; 1903, c. 438, s. 10. 

4670. Issue of fire policy other than standard. Any insurance 

company which shall cause to be issued and any agent who shall 
make, issue or deliver a policy of fire insurance other than the stand- 
ard form of fire insurance policy, in wilful violation of this chapter, 
shall forfeit for each offense not less than fifty nor more than two 
hundred dollars. 

1899, c. 54, s. 44. 

4671. False swearing to certificate of mutual fire company. 

For taking a false oath in respect to the certificates required by sec- 

280 



4671 INSURANCE— XVII. Penalties. Ch. 101 

tion forty-five hundred and eighty-seven the person taking such oath 
shall be deemed guilty of the crime of perjury. 

1S99, c. 54, s. 32; 1901, c. 391, ss. 3, 4; 1903, c. 438, s. 4. 



Note. Agent or broker converting premium to his own use guilty of embez- 
zlement, see Crimes. 

Agent or broker acting in violation of this chapter guilty of misdemeanor, see 
Crimes. 

Adjusting losses under unlawful insurance a misdemeanor, see Crimes. 

Soliciting, inspecting, adjusting, collecting or transmitting premiums or com- 
mitting any act in furtherance of unlawful insurance a misdemeanor, see Crimes. 

False statements concerning applications for insurance, etc., misdemeanors and 
perjury, see Crimes. 



CHAPTER 102. 
INTERNAL IMPROVEMENTS. 

(Sections 4672—4682.) 

4672. Board of, a corporation; how appointed. The president 

and directors of the board of internal improvements shall consist 

of the governor of the state, who shall, ex officio, be president 

thereof, and of two commissioners to be appointed biennially by 

the governor, with the advice of the senate ; any two of whom 

shall constitute a board for the transaction of business ; and in 

case of vacancies occurring in the board, the same shall be filled 

by the other members. The governor and said members shall be a 

corporate body, under the name and style of The President and 

Directors of the Board of Internal Improvements, and shall have 

all the rights, powers, and privileges of a corporation which may be 

necessary to enable it to discharge the duties imposed on it and no 

more. 

Code, s. 1688; R. C, c. 61, s. 1; 1819. c. 989, s. 3; 1836. e. 22, s. 2; 1874-5, 
cc. 83, 202; 1899, c. 68; 1901, c. 252. 

4673. Meetings, when held; secretary. The board may hold their 

sessions whenever and wherever the governor may direct. The private 

secretary to the governor shall be ex efficio secretary of the board. 

Code, s. 1689; R. C, c. 61, s. 2; 1819, c. 989, s. 7; 1836. c. 22, s. 4; 1874-5, 
cc. 83, 203; 1903, c. 729. 

4674. May make by-laws. The board may make such rules for 
the regulation of its proceedings, and all necessary by-laws, rules 
and regulations for the better ordering of the conduct of its offi- 

281 



4674 INTERNAL IMPROVEMENTS. Ch. 102 

cers, agents and servants as to them shall seem expedient, not incon- 
sistent with the laws of the state. 

Code, s. 1690; R. C, c. 61, s. 3; 1819, c. 989, s. 9; 1874-5, ec. 83. 202. 

4675. Has charge of state's interest in railroads. The board 

shall have charge of all the state's interest in all railroads, canals, 
and other works of internal improvement. 
Code, s. 1691; 1868-9, c. 270, s. 97; 1874-5. c. 83. 

4676. Keep record of proceedings; report to general assem- 
bly; What report to Contain. The board shall keep a fair and true 
record of all its proceedings, which shall at all times be open to 
the inspection of the members of the general assembly and others 
interested therein, and shall biennially report to the general assem- 
bly— 

1. The condition of all railroads, canals, or other works of inter- 
nal improvement, owned or operated exclusively by the state, and 
they shall at the same time suggest such improvement, enlargement 
or extension of such work as they shall deem proper, and such new 
works of similar nature as shall seem to them to be demanded by 
the growth of trade or the general prosperity of the state. 

2. The amount, condition and character of the state's interest in 
other roads, canals, or other works of internal improvement in which 
the state has taken stock, to which she has loaned money, or whose 
bonds she holds as security. 

3. The condition of such roads or other corporate bodies as are 
referred to in the previous section, in detail, giving their entire 
financial condition, the amount and market value of the stock, re- 
ceipts and disbursements for the previous year or since the last re- 
port ; the amount of real and personal property of such corporations, 
its estimated value, and such suggestions with regard to the state's 
interest in the same as may to them seem warranted by the status of 
the corporation. 

4. And also the names of all persons failing or refusing to report 
as is required by law. 

And this report the governor shall transmit to the general assem- 
bly with his message. 

Code. s. 1692; R. C, c. 61. s. 4; 1819, c. 989, s. 12; 1868-9. c. 270, s. 98; 
1874-5, cc. 83, 202, s. 3. 

4677. Duty of board as to improvements ordered by general 

assembly. Whenever the general assembly shall direct any public 
improvement the board shall let the same out by contract, and take 
from the contractor a bond with sufficient security, payable to the 
state of North Carolina in double the sum paid or contracted to be 

282 



4677 INTERNAL IMPROVEMENTS. Ch. 102 

paid, with the condition that he will faithfully perforin his contract 
according to the plans or specifications agreed on. 

Code, s. 1C9G; R. C, c. 61, s. 7; 1825, c. 1296; 1874-5, c. 83. 

4678. Board appoints State proxies. The board of internal im- 
provements shall appoint on behalf of the state all such officers or 
agents as, by any act incorporating a company for the purpose of 
internal improvement, are allowed to represent the stock or other 
interests which the state may have, in such company; and such per- 
son or persons shall cast the vote to which the state may be entitled 
in all the meetings of the stockholders of such company. 

Code, s. 1718; R. C, c. 61, s. 38; 1874-5, c. 83. 

4679. Governor to have state institutions investigated by. The 

governor is authorized and empowered, whenever he may think the 
public service requires it, to have the affairs of any railroad, turn- 
pike, canal or public institution in which the state has an inter- 
est investigated by a member of the board of internal improve- 
ments, and to take siich action concerning any matter reported upon 
as the said board may deem to the interest of the state. 

Code, s. 1719; 1903, c. 729; 1879, e. 281. 

4680. Power of member, when making investigation. The mem- 
ber of the board appointed for the investigation mentioned in the pre- 
ceding section shall have power to administer oaths, send for persons 
and papers, and all powers granted to a committee of investigation 
appointed by the general assembly. 

Code, s. 1720; 1879. c. 281, s. 2. 

4681. Officers to execute process Of. Sheriffs shall execute 
writs of such member of the board of internal improvements as they 
would for a judicial officer of the state, and shall be allowed the 
same compensation therefor. 

Code, s. 1721 ; 1879, c. 281, s. 3. 

4682. State stockholder in works of interna! improvement, 

when. Whenever an appropriation shall be made by the state to any 
work of internal improvement conducted by a corporation, the state 
shall be considered, unless otherwise directed, a stockholder in such 
corporation, and shall have as many shares as may correspond with 
the amount of money appropriated ; and the acceptance of such 
money shall be deemed to be a consent of the corporation to the terms 
herein expressed. 

Code, s. 1697; R. C, c. 61, s. 8; 1819, c. 989. s. 12; 1874-5, c. 83. 



283 



4883 MILITIA—/. General Provisions. Oh. 103 

CHAPTER 103. 
MILITIA. 

Sections. 
I. General provisions, ' 4683 — 4693 

II. Officers, 4694 — 4707 

III. Discharges, 4708 — 4711 

IV. Courts-martial, 4712 — 4714 
V. Arms and equipment, 4715 — 4720 

VI. Public arms, 4721 — 4728 

VII. Active, 4729—4735 

VIII. Active — officers, 4736 — 4741 

IX. Active — inspection, 4742 — 4744 

X. Active — disbanded, 4745 — 4747 

XI. Company organization, 4748' — 4752 

XII. Active— naval, 4753—4759 

XIII. Inactive, 4760—4764 

I. General Provisions. 

4683. Who liable for duty in. All able-bodied male citizens of 
the state of North Carolina, between the ages of twenty-one and 
forty-five years, who are citizens of the United States, shall be liable 
to duty in the militia : Provided, that all persons who may be averse 
to bearing arms from religious scruples, shall be exempt therefrom. 

Const., Art. XII, s. 1. 

4684. Divided into active and inactive. The militia shall be 

divided into two classes, the active and inactive. The active militia 
shall consist of all regularly enlisted volunteers; the inactive militia 
shall consist of all other persons subject to military duty. 
1893, c. 374, s. 1. 

4685. Commander-in-chief; power to call out. The governor shall 

be commander-in-chief, and shall have power to call out the militia 
to execute the law, suppress riots or insurrection, and to repel inva- 
sion. 

Const.. Art. XII, s. 3. 

4686. Active first Ordered OUt. In all cases the active militia 
hereinafter provided for shall first be ordered into service. 

1893, c. 374, s. 3. 

4687. White and colored enrolled separately; only white offi- 
cers. The white and colored militia shall be separately enrolled and 
shall never be compelled to serve in the same organization. No organ- 
ization of colored troops shall be permitted while white troops are 
available, and when permitted to be organized, colored troops shall be 
under command of white officers. 

Code, ss. 3163, 3256; 1893, c. 374, s. 2; 1899, c. 390, s. 1; 1868, c. 22, s. 9; 
1876-7, c. 272, s. 1. 

284 



4688 MILITIA—/. General Provisions. .Oh. 103 

4688. Commander-in-chief prescribes rules for its government. 

The governor, as commander-in-chief, may from time to time pre- 
scribe such orders, rules, regulations, forms and proceedings as he 
may think proper (not inconsistent with the discipline prescribed 
by the United States) for the use, government and instruction of 
the militia. 

1893, c. 374, s. 6. 

4689. Discipline. The active militia, and the inactive militia 
when called into active service, shall be organized and disciplined in 
the same manner, and according to the rules and regulations re>- 
quired by the congress of the United States for the organizing and 
disciplining the national guard, and when in active service shall be 
subject to the articles of war as prescribed by the United States. 

4690. Ordered out for service; failure to appear; penalties. 

Every soldier ordered out for active duty, or who shall volunteer or 
be drafted, who does not appear at the time and place ordered, or 
who has not some able-bodied and proper substitute at such time and 
place, or does not furnish a reasonable excuse for such nonappear- 
ance, shall be liable to such punishment as a court-martial may de- 
termine. 

Code, s. 3259; 1876-7, c. 272, s. 4. 

4691. When paid. The militia of the state, both officers and 
privates, when called into the service of the state, shall receive the 
same pay and rations as when called into the service of the United 

States. 

Code, s. 3248; R. C, c. 70, s. 84; 1813, e. 850, s. 5. 

4692. By Whom paid. When the militia or any portion thereof 
shall be called into actual service according to law to serve any 
county of the state, or for guarding the jail of such county on ac- 
count of prisoners from some other county being imprisoned in such 
jail, the county commissioners of the county from which said pris- 
oners may be or may have been taken shall audit the account of said 
militia and draw a warrant upon the county treasurer for the same, 
and the county treasurer shall pay the same out of any county funds 
not otherwise appropriated. 

Code, s. 3247; 1869-70, c. 164, s. 3. 

4693. May be Ordered on duty; pay. The governor may, when- 
ever the public service requires it, detail for special duty or regular 
duty any officer of the national guard, and his expenses and com- 
pensation therefor shall be paid upon the approval of the governor 
and warrant of the auditor. Such compensation shall not exceed 
four dollars per diem. ISTo staff officer who receives a salary as such 

285 



4693 MILITIA—/. General Provisions. Ch. 103 

shall be entitled to any additional compensation for any service con- 
nected with his office. 

Code, s. 3257; 1883, c. 283, s. 4; 1887, c. 193, s. 1. 

IT. Officers. 

4694. How appointed and commissioned. All officers of the 

militia shall be appointed and commissioned by the commander- 
in-chief. He may revoke the commission of any officer at any 
time. When not in active service, the officers of the active militia, 
below the rank of brigadier general, shall be previously elected ' or 
nominated as provided by law. 

Code, ss. 3161, 32G3, 3264; 1893, c. 374. s. 19. 

4695. To take and subscribe oath of office. Every commis- 
sioned officer of the militia, before entering upon his duties, shall 
take and subscribe before a justice of the peace, or other qualified 
officer, the oath prescribed by the constitution, which shall at once 
be forwarded to the adjutant general. 

Code, ss. 3162, 3265; 1893, c. 374, s. 7. 

4696. Rank according to date of commission. Commissioned 

officers shall take rank according to the date of their commissions, 
The day of appointment or election of an officer shall be expressed 
in his commission and considered as the date thereof. Whenever 
an officer shall be recommissioned within six months after the ex- 
piration or revocation of his original commission, in the same grade 
in which he has served in the state guard, his new commission shall 
bear date even with, and he shall take rank from, the date provided 
for in his former commission. When two commissions bear the same 
date, the officer who has had priority of rank in any lower rank shall 
have precedence. And if the officers have not served in a lower 
grade the commander-in-chief shall designate their respective rank 
or priority. 

Code, s. 3266; 1876-7, c. 272, s. 11. 

4697. Reports by. Every officer shall make all such reports as 
may be required of him by any law or regulation or as may be called 
for by any superior officer. 

Code s. 3267; 1876-7, c. 272, s. 12. 

4698. Staff; hOW divided. The military staff of the state of 
Xorth Carolina shall be divided into two kinds, the personal staff of 
the commander-in-chief and the general or departmental staff. All 
staff officers shall hold office until their successors are appointed and 
qualified, but may be removed at any time by the governor. 

1893, c. 374, s. 9. 

286 



4699 MILITIA—//. Officers. Oh. 103 

4699. Commander-in-chief's personal staff. The personal staff 

of the commander-in-chief shall consist of four aides-de-camp with 
the rank of colonel, and the governor may appoint his private secre- 
tary as his military secretary and commission him with the rank of 
major. 

1893, c. 374, s. 9. 

4700. General Or departmental Staff. The general or depart- 
mental staff shall consist of an adjutant general with the rank of 
brigadier general, one inspector general, one quartermaster general, 
who shall be chief of ordinance ; one surgeon general, one commissary 
general, one chief engineer, one inspector of small arms practice, 
one judge advocate general, one paymaster general, each with the 
rank of colonel. The commander-in-chief may appoint additional 
assistants to each of said offices with rank not higher than that of 
lieutenant colonel, if in his judgment it is best for the interest of the 
service. 

1893, c. 374, s. 9. 

4701. Adjutant general; duties. The adjutant general shall be 
chief of staff. He shall preserve in his office all records, books, 
papers, documents and other matters relating to the militia ; he shall 
keep a roster of the names and dates of the commissioned officers of 
the militia ; he shall keep a record of all enlistments made in any 
branch of the militia and all discharges ; he shall distribute all or- 
ders from the commander-in-chief of the state to the several corps, 
and shall preserve the originals of all such orders, attend all such 
public reviews or encampments as he may be required by the com- 
mander-in-chief, obey all orders from him relative to carrying into 
execution and perfecting the system of military discipline estab- 
lished by law, furnish all necessary blank books for the use of the 
several corps and blanks for all returns required by law or regula- 
tions to be made, explaining the principle upon which they shall be 
used or made ; receive from the several officers of the different corps 
throughout the state all such returns as -may be required, reporting 
the number and names of men in their commands in active duty or 
in the active militia, the actual situation and condition of all arms 
and equipment in their possession and their delinquencies, and all 
other things that may be for the good of the militia, its advancement 
and discipline ; all which said returns the several officers in the 
militia are required to make as they may be directed; to make an 
annual report of the condition of the active militia, all of the public 
arms and property to the governor, and a biennial report to the 
general assembly, together with such suggestions for the improve- 
ment of the militia, both active and inactive, as he may deem neces- 
sary. The adjutant general shall also make all returns that may be. 

287 



4701 MILITIA— II. Officers. Ch. 103 

required by the laws of the United States to the president of the 
United States, or such other officer as the law may direct. A copy of 
all such reports shall be sent to the commander-in-chief and filed in 
the adjutant general's office. All orders or returns may be trans- 
mitted by mail or telegraph. The adjutant general shall be allowed 
all such necessary expenses as may be incurred for clerk hire and for 
printing and making the blank forms, books, orders and reports re- 
quired in his office, not to exceed one thousand dollars ; and out of 
said sum may employ the executive clerk, when not required by the 
governor, at a salary of twenty-five dollars per month. 

1893, c. 374, s. 10; 1899, c. 390, ss. 2, 3; 1903. e. 548. 

4702. Duties Of general Staff. The duties of the other staff 
officers shall be such as are discharged by similar officers in the 
United States army, and such other duties as they may be directed 
to perform by order of the commander-in-chief. And in the case of 
disbursing or distributing officers the governor shall have power to 
prescribe forms of bonds for the faithful performance of duty, which 
shall not exceed in amount twice the sums of money or property pass- 
ing annually into their hands. 
1893, c. 374, s. 12. 

4704. Absent, give notice. When any officer shall have occa- 
sion to be absent from his usual residence two weeks or more, he 
shall notify the officer next entitled to the command, and also his 
next superior officer in command, of his intended absence. 

Code, s. 3175; R. C, c. 70, s. 12; 1806, e. 708, s. 18. 

4705. For What Officer cashiered. Dishonest or uiigenflemanly 

conduct in an officer shall be punished by cashiering, and disabling 
him from ever holding a military commission. 
Code, s. 3236; E. C. c. 70, s. 74; 1808, c. 749, s. 1. 

4706. Delivers public property to successor. All officers who 

shall have in their hands either money, public property or papers 
received by virtue of their appointments, shall, when they leave 
their office, pay and deliver the same to their successors in office. 

Code, s. 3176; E. C, c. 70, s. 13; 1806, e. 708. s. 19. 

4707. Accounts for public property. Every officer receiving pub- 
lic property or money for military use shall be accountable for the 
articles so received by him, and make return of such property or 
money at such times and in such manner and on such forms as may 
be prescribed. He shall be liable to trial by court-martial upon 
neglect of duty, and also make good the value of all such property 
or money defaced, injured, destroyed or lost by any neglect or de- 
fault on his part, to be recovered in an action at law to be instituted 

288 



4707 MILITIA— II. Officers. Ch. 103 

at the order of the adjutant general. All money received on ac- 
count of such loss or damage shall be paid to the paymaster general 
and shall be accounted for in his return. 

1893, c. 374, s. 29. 

III. Discharges. 

4707a. Honorable discharge; dismissal. A commissioned officer 

may be honorably discharged upon tender of resignation, upon 
disbandment of the organization to which he belongs, upon the re- 
port of the board of examination, or for failure to appear before 
such board when ordered. He may be dismissed upon the sentence 
of a court-martial or conviction in a court of justice of an infamous 
offense. 

1893, c. 374, s. 24. 

4708. Certificates Of, given. Every soldier discharged from the 
service shall be furnished with a certificate of such discharge, which 
shall state clearly the reasons therefor. Dishonorable discharges will 
have the word ''Dishonorable" written or printed diagonally across 
their faces in large characters with red ink, and the re-enlistment 
clause will be erased by a line. 

1893, c. 374, s. 27. 

4709. Honorable. No enlisted man shall be honorably discharged 
before the expiration of his term of service, except by order of 
the commander-in-chief and for the following reasons: Upon his 
own application, approved by the commanding officer of his com- 
pany and by superior commanders ; when not in active service 
upon remjoval from the county in which the organization of which 
he is a member is situated ; upon disability, established by certifi- 
cate of medical officer ; to accept promotion by commission whenever 
in the opinion of the commander-in-chief the interest of the service 
demands such discharge. 

1893, c. 374, s. 25. 

4710. Dishonorable. Enlisted men shall be dishonorably dis- 
charged by order of the commander-in-chief, to carry out a sentence 
of court-martial, upon conviction of felony in a civil court ; upon dis- 
covery of re-enlistment after previous dishonorable discharge. 

1893, e. 374, s. 26; 1903, e. 548, s. 4. 

4711. Lost discharge papers. Duplicate discharges will riot be 
granted to enlisted men. Should any soldier unavoidably lose his 
discharge papers, a certificate (according to form in the office of 
the adjutant general) will be furnished in lieu of said discharge 
paper, upon representation of the facts of said loss, attested by some 
commissioned officer of the guard or some civil magistrate. 

R. S. Vol. 11—19 289 



4712 MILITIA— ZF. Courts-Martial Ch. 103 

IV. Cotjrts-Martiai.. 

4712. HOW formed and governed. Courts-martial for the militia 
shall be governed according to the laws and regulations of the United 

States. 

1893, c. 374, s. 8. 

4713. Witnesses before, how subpoenaed. The judge advocate 

of any court-martial constituted according to this chapter may issue 
a summons, in the nature of a subpoena in criminal cases, directed 
to any sheriff or constable or to any soldier, to summon witnesses 
for the state and the accused ; and the persons summoned by him 
shall be bound to attend and give evidence before the court-martial, 
under the same penalties as in criminal actions, and if a soldier, un- 
der penalty of being tried and punished by court-martial for disobe- 
dience of orders. 

Code, s. 3230; R. C, c. 70, s. 68; 1817. c. 955, s. 8. 

4714. Witnesses SWOrn. All witnesses shall be sworn by the 
judge advocate, before they give their evidence, as in criminal cases, 
according to the following form : 

You, , do swear, that the evidence you will give to the court in 

the case between the state and C. D., shall be the truth, the whole truth, and 
nothing but the truth; so help you God. 

Code, s. 3231; R. C, c. 70, s. 69; 1817, c. 955, s. 9. 

V. Arms and Equipment. 

4715. Same as U. S. army and navy. The uniform, arms and 

equipment of the militia shall, for the land forces, be in accordance 
with the regulations governing the United States army; and for the 
naval forces in accordance with the regulations governing the United 
States navy. 

Code, ss. 3173, 3271; 1893, c. 374, s. 28; 1893. c. 399; 1903, c. 548. s. 5. 

4716. HOW Obtained. Each company of the national guard, on 
application by the commander thereof to the adjutant general, 
through his regimental and brigade commanders, if there be such, 
and producing satisfactory evidence that the law in relation to the 
distribution of public arms has been fully complied with, shall be 
furnished with such appropriate arms and equipment as shall be 
determined by the commander-in-chief upon such terms and under 
such conditions as the law prescribes. 

Code, s. 3272; 1876-7. c 272. s.J7. 

4717. May adopt Corps uniform. Any organization of the active 

militia, with the approval of the commander-in-chief, may adopt a 

290 



4717 MILITIA— 7. Awns and Equipment. Ch. 103 

corps dress other than that prescribed by the commander-in-chief, 
provided such uniform shall not be worn when such organization is 
on duty under orders of the commander-in-chief, or upon any of 
the drills or parades or encampments required by law or the regula- 
tions prescribed for the government of the national guard. 
1893, c. 374, s. 31. 

4718. Bond. Commanders of regiments and companies, and all 
other officers who are responsible for public military property, shall 
execute and deliver to the adjutant general a bond, payable to 
the state of North Carolina, in a sufficient sum and with sufficient 
sureties, to be approved by the governor, conditioned for the proper 
care and use of said public property, and the return of the same, 
when ordered by competent authority, in good order, ordinary wear 
and unavoidable loss and damage excepted ; and in case of such loss 
or damage to immediately furnish the adjutant general with prop- 
erly attested affidavits, setting forth all the facts attending said loss 
or damage. 



•^ v 



4719. Care and return of military property. All public military 

property, except when in use in the performance of military duty, 
shall be kept in armories, or other properly designated places of 
deposit; and it shall be unlawful for any person charged with the 
care and safety of said public property to allow the same out of his 
custody except as above specified. 

VI. Public Arms. 

4720-1. Where kept. All the public arms of every description 
belonging to the state, which may not be distributed among the mili- 
tia according to law, shall, under the direction of the adjutant gen- 
eral, be deposited and kept in the public arsenal established at 
Raleigh. 

Code, s. 3548; R. C, c. 89, s. 1; 1820. c. 1058; 1822, c. 1168; 1868. c. 31; 
1846, c. 31. 

4722. Keeper Of the arsenal. The keeper of the capitol shall, 
under the direction of the adjutant general, have charge of the ar- 
senal at Raleigh. The governor may make such provisions as he 
may think necessary for guarding and protecting the arsenals and 
depots of arms, and for the purpose of defraying the expenses in- 
curred under this and the preceding section, he may, upon the certifi- 
cate of the adjutant general, from time to time draw on the state 
treasurer for such sums as may be necessary. 

Code, s. 3549; R. C, c. 89, s. 2: 1822, c. 1168; 1828. c. 31: 1830, c. 21, s. 5; 
1846, e. 3; 1848, c. 6; 1852, c. 52. 

291 



4723 MILITIA— VI, Public Arms. Ch. 103 

4723. Freight on public arms paid out of general fund. The 

auditor of the state is hereby authorized and directed to issue his 
warrant upon the state treasurer for the payment of such sums as 
may be certified by the adjutant general and governor, and as may 
be actually necessary to pay the freight and drayage upon the pub- 
lic arms received as the quota of North Carolina from the United 
States government, under the acts making provision for the arming 
of the militia of the several states and territories, or returned to the 
arsenals of the United States for exchange. 
Code, s. 3552; 1874-5, c. 21. 

4724. Kept in good Order. Every noncommissioned officer and 
private belonging to any company equipped with public arms, shall 
keep and preserve his arms and accoutrements in good order and in 
a soldier-like manner ; and for every neglect to do so may be pun- 
ished by court-martial. 

Code, s. 3555. 

4725. Receipts taken for, when distributed. Every officer of 

the militia receiving any public arms shall give a duplicate receipt 
for the same to the party from whom he receives such arms. Upon 
distribution of any arms to any of the militia, either active or inac- 
tive, receipts shall be taken from each person receiving the same, 
which receipts should be entered in a bound book, which shall at 
all times be open to the inspection and examination of all officers of 
the militia. 

Code, s. 3554. 

4726. Governor to send out, in case of insurrection. In case 

of insurrection or invasion, or a probability thereof, the governor is 
authorized to distribute the public arms and send them to such places 
as he may deem necessary and expedient, and to draw warrants on 
the treasurer of the state for the sums necessary for that purpose. 

Code, s. 3553; R. C, c. 89. s. 5; 1830, c. 21, s. 3. 

4727. When arms loaned to military schools. The said arms 

shall be kept in the arsenal at Raleigh, and upon the application of 
the principal of any military school setting forth the number of 
students and the number of arms required, and giving the bond, as 
now required by law, it shall be the duty of the adjutant general, 
under the direction of the governor, to issue the number so required, 
and take the receipt from the principal, which shall be filed as sim- 
ilar receipts are now filed. 

Code, s. 3560; 1873-4, e. 96, s. 2. 

4728. Failure of adjutant general to draw arms. Should the 

adjutant general, under the direction of the governor, fail to draw 

292 



4728 MILITIA— VI. Public Arms. Ch. 103 

the arms specified, then it shall be the governor's duty, upon applica- 
tion as aforesaid, to issue to said principal any arms which may be 
in the said arsenal. 

Code, s. 3561; 1873-4, c. 96, s. 3. 

VII. Active. 

4729. HOW designated. The active militia shall be known and 
designated as the ''North Carolina National Guard," and shall at 
all times be subject to the orders of its officers. 

1893, c. 374, s. 13; 1903, c. 548, s. 1. 

4730. Number limited. The national guard of North Carolina 
shall not in time of peace consist of more than five thousand officers 
and enlisted men. 

Code, s. 3285; 1893, c. 374, s. 15; 1903, e. 548, s. 1. 

4731. Who may enlist; term of enlistment. Able-bodied men of 

good moral character who can read and write, between the ages of 
eighteen and forty -five years, may enlist in the national guard ; such 
enlistment shall be for a period of three years and made by signing 
duplicate enlistment papers in such form as may be prescribed by 
the adjutant general, one to be forwarded to him by the enlisting 
officer and one to be filed with the records of the company in which 
enlistment is made. 

1893, e. 374, s. 13; 1899, c. 390, s. 4. 

4732. When ordered OUt. The national guard shall be liable at 
all times to be ordered into active service. The commander-in-chief 
may at any time, upon reasonable apprehension of riot, insurrection 
or invasion, or for any other reasonable cause, order out such por- 
tion of the active militia as he may deem necessary. 

1893, c. 374, s. 14. 

4733. Divided into land and naval forces. The commander-in- 
chief may organize the national guard into such brigades, regiments, 
battalions, companies or unattached companies as he may think best 
for the public service, and may allow to be enrolled not more than 
eight companies, to be designated as divisions, which shall constitute 
the naval brigade of North Carolina national guard. 

Code, s. 3261; 1893, c. 374, s. 15; 1893, c. 399, s. 1. 

4734. Maintenance Of. There shall be allowed annually to each 
brigadier general, commander of a regiment and of the naval brigade 
the sum of one hundred and fifty dollars with which to defray the 
necessary expenses incurred in the discharge of the duties of his 
office. There shall be allowed annually to each company and naval 

293 



-L134: MILITIA— VIL Active. Ch. 103 

division in the state guard not exceeding thirty-six companies of in- 
fantry and eight divisions of the naval battalion, which complies 
with the law and regulations relating thereto, and upon the recom- 
mendation of the inspector general, the sum of two hundred and fifty 
dollars, and to a detachment of artillery under like restrictions the 
sum of two hundred and fifty dollars, to be applied to the payment 
of armory rent, insurance and other necessary expenses of the com- 
pany, division or detachment; and to each regimental band one hun- 
dred dollars, to be paid to the regimental adjutant under like restric- 
tions. And an itemized statement of receipts and disbursements 
from every source, showing how the same has been expended, shall on 
December first of each year be rendered to the paymaster general. 
These appropriations shall be paid in semi-annual instalments, but 
shall not be paid unless the company, division, detachment, or band 
shall perform all the drills and parades required by law, and at the 
annual inspection thereof shall have paraded with at least seventy- 
five per cent, of its enrolled active members : Provided, that such 
companies, divisions or detachments shall be located on lines of rail- 
road, steamboat or telegraphic communication:, And provided fur- 
ther, that no larger amount shall be expended for the maintenance of 
the national guard, including salaries, office expenses and expenses 
of encampments and practice marches than the sum of sixteen thou- 
sand dollars. 

1893, e. 374, s. 36; 1899, c. 390, s. 8; 1903, c. 548, s. 7. 

4735. Governor disburses appropriations for. The governor 

shall have power to make such use of any appropriation made by 
Congress for the militia as he may deem best for the arming, equip- 
ment, support, maintenance and discipline of the national guard. 
The expenditures shall be made under his direction by such officers 
as he may direct and a report of the same shall appear in the an- 
nual report of the adjutant general. 

Code, s. 3200; 1883, c. 283, s. 5. 

VIII. Active — Officers. 

4736. Brigade Officers. The commander-in-chief shall appoint 
a brigadier general to command the national guard of the state as 
now organized, and whenever it shall become necessary to organize 
the same into more than one brigade, the commanders of such brigades 
shall be appointed by the commander-in-chief. The staff officers of 
the brigade shall be nominated by the permanent commander thereof. 

1893, c. 374, s. 20; 1899, c. 390, s. 2: 1903, c. 548, s. 2. 

4737. Regimental and company officers. There shall be to each 

brigade, regiment, battalion, troop of cavalry or battery of light 

294 



4737 MILITIA— VIII. Active— Officers. Ch. 103 

artillery the same commissioned and noncommissioned officers as 
are prescribed for the United States army, and the governor may by 
general order fix the number of enlisted men. 

1893, c. 374, s. 17. 

4738. Officers to be examined. Every person accepting an 
election or nomination as an officer in the national guard shall, within 
six months thereafter, if ordered by the commander-in-chief, appear 
before an examining board, to be appointed by the Commander-in- 
chief, which board shall examine said officer as to his military and 
other qualifications. 

1893, c. 374, s. 22. 

4739. Regimental officers, how elected. Field officers of regi- 
ments and battalions, and of corresponding grades in the naval bri- 
gades, shall be elected by the commissioned officers of the regiments 
and naval brigade, and company, battery, troop and naval division 
officers shall be elected by the enlisted men of such company, battery, 
troop and naval division at such time and place as may be fixed by 
the commander-in-chief, and such officers shall hold office until va- 
cancies occur, either by promotion, resignation, removal or death. 
The regimental staff officers shall be nominated by the permanent 
commander thereof. 

1893, e. 374, s. 21; 1903, c. 548, s. 3. 

4740. Election to fill vacancies in line officers. The commander- 
in-chief shall order elections to fill all vacancies occurring among 
the line officers of the national guard. 

1893, c. 374, s. 23. 

4741. Retirement Of Officers. Whenever an officer of ten years' 
service and upward makes application for retirement he may, by 
consent of the commander-in-chief, be retired with the next higher 
grade, and all officers now on the retired list of the national guard 
of this state are advanced one grade. 

[X. Active — -Inspection. 

4742. Annual inspection. An annual inspection and muster of 
all organizations of the national guard shall be made by the inspector 
general, or his assistants, at such time and place as the commander- 
in-chief may order and direct. JSTo person shall be mustered at the 
annual inspection and muster or be permitted in the ranks in any 
parade or drill required by orders or regulations, who does not ap- 
pear uniformed, armed and equipped according to the provisions 
thereof. 

1893, c. 374, s. 33. 

295 



4743 MILITIA— IX. Active— Inspection. Oh. 103 

4743. Arms to be annually inspected. The inspector general 

shall annually inspect the arms and equipments in possession of the 
active militia, or of any schools, persons or associations, and shall 
cause to be returned to the state arsenal all such property which he 
at any time shall find to be damaged by neglect or improper use. 
The expenses of such inspection shall be paid by the state. 
Code. s. 3273; 1876-7, c. 272, s. 18. 

4744. Encampments may be ordered. The commander-in-chief 

may annually order into camp or on practice marches such portions 
of the national guard as he sees proper. The period of such encamp- 
ment or practice march shall not exceed ten days, including the time 
traveling to and from camp of mobilization : Provided, that in place 
of encampment or practice marches the naval battalion may perform 
service afloat. 

1893, c. 374, s. 37; 1899, c. 390, s. 9. 

X. Active — Disbanded. 

4745. When. Whenever any company or division of the national 
guard for a period of ninety days is found to contain less than 
the minimum number of men prescribed by regulations, or upon 
a duly ordered inspection shall be found to have fallen below a 
proper standard of efficiency, the commander-in-chief may disband 
the same and grant honorable discharges to the officers and enlisted 
men of such company. 

1893, c. 374, s. 18. 

4746. Failure to perform duty, penalty, if any officer or soldier 

shall absent himself from any military duties required by orders or 
regulations without having obtained the permission of his command- 
ing officer, or without an excuse satisfactory to his commanding 
officer, he shall be brought to trial, if an enlisted man or company 
officer, before his company officers or remaining company officers as 
the case may be; if a field officer before the remaining field officers 
of his regiment who, under oath to duly administer justice, which 
oath shall be administered by the junior officer, shall determine the 
matter, and if adjudged guilty these officers shall impose a fine of not 
exceeding five dollars, and if said fine is not promptly paid the of- 
fender, if an enlisted man, may be imprisoned in the county jail for 
a period of not exceeding five days, and the company commander's 
commitment to jail in such case shall be duly recognized by the county 
sheriff. If the delinquent is an officer, the matter shall be reported 
for the action of higher authority : Provided, that fines collected from 
enlisted men shall be turned over to the credit of the companies to 
which they belong, to be used for its current expenses, and that fines 

290 



4746 MILITIA— X. Active— Disbanded. Ch. 103 

paid by officers shall be turned over to the paymaster general for the 
use of the state guard : Provided further, that the principles of dis- 
cipline herein set forth shall apply to the naval battalion in assim- 
ilated grades. 

1899, c. 390, s. 7. 

4747. Falsifying muster roll, penalty. Any officer who know- 
ingly or wilfully shall place, or cause to be placed, on any muster 
roll the name of any person not regularly or lawfully enlisted, or 
the name of any enlisted man who is dead or who has been dis- 
charged, transferred, or has lost membership for any cause whatso- 
ever, or who has been convicted of any infamous crime, shall be tried 
by court-martial and upon conviction be dismissed from the service. 

1893, e. 374, s. 33. 

XL Company Okganization. 

4748. Certificate of membership. The commanding officer of 

every company shall, on the application of any officer, musician or 
private of his command, deliver to him a certificate stating that such 
person is a member of his command and whether he is uniformed, 
armed and equipped, and Avhether he has complied with all military 
duties. Such certificate when dated within six months shall be pre- 
sumptive evidence of the matter therein stated. 

Code, s. 3282; 1881. c. 366, s. 2. 

4749. Contributing members. Each company may, besides its 
regular and active members, enroll twenty-five contributing members 
on payment in advance by each person desiring to become such con- 
tributing member of not less than ten dollars per annum, which 
money shall be paid into the company treasury and be applied to 
the purchase of uniforms for the rank and file of the active members 
of the company, or to such purposes as may be authorized by such 
company. 

Code, s. 3283; 1881, e. 366, s. 3. 

4750. Certificate of contributing members. Each contributing 

member of every legally organized company shall be entitled to re- 
ceive from the commanding officer thereof a certificate of member- 
ship. 

Code, s. 3284; 1881, c. 366, s. 4. 

4751. May OWn personal property. Organizations of the na- 
tional guard shall have the right to own and keep personal property, 
which shall belong to and be under the control of the active mem- 
bers thereof; and the commanding officer of any organization may 
recover for its use any debts or effects belonging to it, or damages 

297 



4751 MILITIA— XI. Company Organization. Oh. 103 

for injury to such property, action for such recovery to be brought 
in the name of the commanding officer thereof before any court of 
justice within the state, and no suit or complaint pending in his 
name shall be abated by his ceasing to be commanding officer of the 
organization ; but upon motion of the commander succeeding him 
such commander shall be admitted to prosecute the suit or complaint 
in like manner and with like effect as if it had been originally com- 
menced by him. 
1893, c. 374. s. 32. 

4752. Companies may make rules and regulations. Each com- 
pany or division of the national guard shall have power to prescribe 
such rules and regulations for its government as they may think 
proper, and fix such tines for absence from parades and drills as 
may be reasonable and not inconsistent with the laws relating to 
the national guard and the regulations prescribed therefor by the com- 
mander-in-chief. A copy of such constitution and by-laws shall be 
filed in the adjutant general's office. 

1893, c. 374, s. 34. 

XII. Active — Naval. 

4753. Perform same duty as land forces. Officers and enlisted 

men of the naval guard shall perform the same duty in each year as 
is required of the land forces, except that such duty, or any part of 
it, may be performed afloat. ♦ 

1893, c. 399, s. 8. 

4754. System Of discipline. The system of discipline shall con- 
form generally to that of the navy of the United States and as closely 
to that of the land forces of this state as the difference in the two 
services will allow. 

1893, c. 399, s. 7. 

4755. May be organized into a brigade. The naval divisions 

may be, by order of .the commander-in-chief, organized into a 
brigade of not more than two battalions. The commander-in-chief 
shall appoint a commander of such brigade, who shall have power 
to prescribe and nominate his own staff and the staff of the battalion 
commanders. 

1893, c. 399, s. 2; 1899. c. 442, s. 1. 

4756. How officered and organized. A battalion of three or 

more divisions shall be commanded by a commander with a lieu- 
tenant commander as executive officer, and a lieutenant as navigator 
and ordnance officer. These latter shall be in the order named next 
in rank and in succession to command to the commander. A battal- 

298 



4756 MILITIA— XII. Active— Naval. Ch. 103 

ion of less than three divisions shall be commanded by a lieutenant 
commander with a lieutenant as executive officer, navigator and ord- 
nance officer, who shall be next in rank and in succession to com- 
mand to the lieutenant commander ; each division shall be com- 
manded by a lieutenant and shall contain one lieutenant junior 
grade, one ensign and thirty-six petty officers and enlisted men as a 
minimum and seventy-five petty officers and enlisted men as a maxi- 
mum. To each division there may also be added eight others who 
shall have practical knowledge of electricity or of the management 
of steam machinery. 

1893, c. 399, s. 3; 1899, c. 442, s. 2. 

4757. Battalion commander to appoint staff. The commanding- 
officer of the battalion as now organized shall have power to appoint 
a staff to consist of a surgeon, paymaster and a chaplain, each with 
the rank of lieutenant, and an adjutant with the rank of lieutenant 
junior grade, and the following petty officers : One master-at-arms, 
one chief boatswain's mate, one chief gunner's mate, one yeoman, 
one apothecary, one chief bugler. The commander-in-chief shall 
have the power to authorize additional officers and prescribe their 
work if the exigencies of the service demand. 

1893, c. 399, s. 5; 1899, c. 442, s. 3. 

4758. Naval rank. The rank of officers in the naval forces is 
"naval rank" and corresponds to rank in the land forces, as follows: 
Captain with colonel ; commander with lieutenant colonel ; lieuten- 
ant commander with major; lieutenant with captain; lieutenant 
junior grade with first lieutenant ; ensign with second lieutenant ; 
petty officers with noncommissioned officers, and enlisted men with 
privates. 

1893, c. 399, s. 6. 

4759. Governor may apply for instructors. The governor is 

authorized to apply to the president of the United States for the 
detail of commissioned and petty officers of the navy to act as in- 
spectors and instructors. 
1893, c. 399, s. 9. 

XIII. Inactive. 

4760. May be ordered OUt. The commander-in-chief may at any 
time, in order to execute the law, suppress riots or insurrection, 
or repel invasion, in addition to the active militia, order out the 
whole or any part of the inactive militia. 

4761. HOW Ordered OUt. The commander-in-chief shall, when 
ordering out the inactive militia, designate the number ordered out. 

299 



4761 MILITIA— XIII. Inactive. Ch. 103 

Lie may order them out either by calling for volunteers or by draft. 
He may attach them to the several organizations of the active militia 
or organize them into separate brigades, regiments, battalions or 
companies, as may be best for the service. 

4762. HOW drafted. If the inactive militia is ordered out by 
draft the commander-in-chief shall designate the persons in each 
county to make the draft, and prescribe rules and regulations for 
conducting the same. 

4763. Roll Of inactive militia. The register of deeds of each 
county shall, on the first Monday in October of the year one thou- 
sand nine hundred and six, and quadrennially thereafter, make out 
from the tax list of his county an alphabetical list of all able-bodied 
male persons between the ages of twenty-one and forty years, resi- 
dent in his county and who are not enrolled in the active militia, 
and shall forward the same on or before the fifteenth of the month 
to the adjutant general. The whites and negroes shall be enrolled 
separately, and shall be designated. These rolls shall constitute the 
rolls of the inactive militia. For this service the register of deeds 
shall receive one cent for every ten names. The rolls so made up 
shall be used in making all drafts from the inactive militia. 

4764. Subject to same regulations as active. Whenever any 

part of the inactive militia is ordered out, it shall be governed by 
the same rules and regulations and subject to the same penalties as 
the active militia. 



Note. For bond of adjutant general, see Bonds. 
Bond of paymaster general, see Bonds. 
Perjury before court-martial, see Crimes. 
Selling Qr secreting military property, see Crimes. 
Falsifying muster rolls, spp Crimps. 
Retaining military property, see Crimes. 



300 



4765 MINES—/. Operators. Ch. 104 

CHAPTEK 104. 
MINES. 

Sections. 
1. Operators, 4765-^=777 

II. Inspector, 4778—4787 

III. Waterways obtained, 4788—4792 

I. Operators. 

4765. Lessor not held partner of lessee. No lessor of property, 

real or personal, for mining purposes, although the lessor may re- 
ceive a sum uncertain of the proceeds or net profits, or any other 
consideration, which, though uncertain at first, may afterwards be- 
come certain, shall be held as a partner of the lessee ; nor shall any 
of the legal or equitable relations or liabilities of copartners exist 
between them, unless it be so stipulated in the contract between the 
lessor and lessee. 

Code, s. 3292; R. C, c. 72; 1830, c. 46. 

4766. Not to employ minors under twelve. No minor under 

twelve years of age shall be allowed to work in any mine, and in all 
cases of minors applying for work the agent of such mine shall see 
that the provisions of this section are not violated ; and the inspector 
may, when doubt exists as to the age of any person found working 
in any mine, examine under oath such person and his parents, or 
other witnesses as to his age. 

1897, c. 251, s. 7. 

4767. TO furnish timber. The owner, agent or operator of every 
coal mine shall keep a supply of timber constantly on hand, and 
shall deliver the same to the working place of the miner, and no 
miner shall be held responsible for accident which may occur in 
the mine where the provisions of this section have not been complied 
with by the owner, agent or operator thereof, resulting directly or 
indirectly from the failure to deliver such timber. 

1897, c. 251, s. 8. 

4768. To fence Unused mines. All underground entrances to any 
place not in actual course of working or extension shall be properly 
fenced across the whole width of such entrance so as to prevent per- 
sons from inadvertently entering the same. 

1897, c. 251, s. 5. 

4769. Means of ingress and egress provided. No owner or 

agent of any coal mine worked by shaft shall permit any person to 

301 



4769 MINES— I, Operators. Ch. 104 

work therein unless there are, to every seam of coal worked in such 
mine, at least two separate outlets, separated by natural strata of 
not less than one hundred feet in breadth, by which shafts or out- 
lets distinct means of ingress and egress are always available to 
the persons employed in the mine ; but it is not necessary for the 
two outlets to belong to the same mine if the persons employed 
therein have safe, ready and available means of ingress or egress 
by not less than two openings. This section shall not apply to 
opening a new mine while being worked for the purpose of making 
communications between said two outlets, so long as not more than 
twenty persons are employed at one time in such mine ; neither shall 
it apply to any mine or part of a mine in which the second outlet 
has been rendered unavailable by reason of the final robbing of pil- 
lars previous to abandonment, as long as not more than twenty per- 
sons are employed therein at any one time. The cage or cages and 
other means of egress shall at all times be available for the persons 
employed when there is no second outlet. The escapement shafts 
shall be fitted with safe and available appliances, which shall always 
be kept in a safe condition, by which the persons employed in the 
mine may readily escape in case t an accident occurs ; and in no 
case shall an air shaft with a ventilating furnace at the bottom 
be construed to be an escapement shaft within the meaning of this 
section. To all other coal mines, whether slopes or drifts, two such 
openings or outlets must be provided within twelve months after 
shipments of coal have commenced from such mine ; and in case 
such outlets are not provided as herein stipulated, it shall not be 
lawful for the agent or owner of such slope or drift to permit more 
tban ten persons to work therein at any one time. 
1897, c. 251, s. 4. 

4770. Hoisting engines, how operated. No owner or agent of 

any mine operated by a shaft or slope shall place in charge of any 
engine used for lowering into or hoisting out of mines persons em- 
ployed therein any but experienced, competent and sober engineers, 
and no engineer in charge of such engine shall allow any person 
except such as may be deputed for such purposes by the owner or 
agent to interfere with it or any part of the machinery, and no per- 
son shall interfere or in any way intimidate the engineer in the dis- 
charge of his duties, and in no case shall more than two men ride 
on any cage or car at one time, and no person shall ride upon a 
loaded cage or car in any shaft or slope. 
1897, c. 251, s. 6. 

4771. Ventilation. The owner or agent of any coal mine, whether 
shaft, slope or drift, shall provide and maintain for every such mine 
an amount of ventilation of not less than one hundred cubic feet 

.302 



4771 MINES—/. Operators. Ch. 104 

per minute per person employed in such mine, which shall be circu- 
lated and distributed throughout the mine in such a manner as to 
dilute, render harmless and expel the poisonous and noxious gases 
from each and every working place in the mine, and no working- 
place shall be driven more than sixty feet in advance of a break 
through or airway, and all break throughs or airways, except those 
last made near the working places of the mine, shall be closed up by 
brattice trap-doors, or otherwise so that the currents of air in circu- 
lation in the mine may spread to the interior of the mine when the 
persons emplo}*ed in such mine are at work, and all mines governed 
by this chapter shall be provided with artificial means of producing 
ventilation, such as forcing or suction fans, exhaust steam furnaces, 
or other contrivances of such capacity and power as to produce and 
maintain an abundant supply of air, and all mines generating fire 
damp shall be kept free from standing gas. 
1897, c. 251, s. 5. 

4772. Daily examinations; safety lamps. Every working place 

shall be examined every morning with a safety lamp by a competent 
person before any workmen are allowed to enter the mine. All 
safety lamps used in examining mines, or for working therein, shall 
be the property of the operator of the mine, and a competent per- 
son shall be appointed, who shall examine every safety lamp be- 
fore it is taken into the workings for use, and ascertain it to 
be clean, safe and securely locked, and safety lamps shall not be 
used until they have been so examined and found safe and clean 
and securely locked, unless permission be first given by the mine 
foreman to have the lamps used unlocked. ISTo one, except the duly 
authorized person shall have in his possession a key, or any other 
contrivance, for the purpose of unlocking any safety lamp in any 
mine where locked lamps are used. No matches or any other appa- 
ratus for striking lights shall be taken into any mines, or parts 
thereof, except under the direction of the mine foreman. 
1897, c. 251, ss. 5, 6. 

4773. Report Of Ventilation. The mine foreman shall measure the 
ventilation at least once a week, at the inlet and outlet, and also at 
or near the face of all the entries, and the measurement of air so 
made shall be noted on blanks furnished by the inspector; and on 
the first day of each month the mine boss of each mine shall sigu one 
of such blanks, properly filled with the said actual measurement, 
and present the same to the inspector. 

1897, c. 251, s. 6. 

4774. Notice of opening or changing mines given. The owner, 

agent or manager of any mine shall give notice to the inspector in 

303 



4774 MIXES— 7. Operators. Ch. 104 

the following cases: 1. When any working is commenced for the 
purpose of opening a new shaft, slope or mine, to which this chapter 
applies. 2. When any mine is abandoned, or the working thereof dis- 
continued. 3. When the working of any mine is recommenced after 
an abandonment or discontinuance for a period exceeding three 
months. 4. When a squeeze or crush, or any other cause or change, 
may seem to affect the safety of persons employed in the mine, or 
when fire occurs. 
1897, c. 251, s. 7. 

4775. Accidents; notice Of, given. The owner, agent or mana- 
ger of every mine shall, within twenty-four hours next after any 
accident or explosion, whereby loss of life or personal injury may 
have been occasioned, send notice, in writing, by mail or otherwise, 
to the inspector, and shall specify in such notice the character and 
cause of the accident, and the name or names of the persons killed 
and injured, with the extent and nature of the injuries sustained. 
When any personal injury of which notice is required to be sent 
under this section results in the death of the person injured, notice 
in writing shall be sent to the inspector within twenty-four hours 
after such death comes to tbe knowledge of the owner, agent or man- 
ager ; and when loss of life occurs in any mine by explosion, or 
accident, or results from personal injuries so received, the owner, 
agent or manager of such mine shall notify the coroner of the county 
in which such mine is situated, and the coroner shall hold an inquest 
upon the body of the person whose death has been thus caused, and 
inquire carefully into the cause thereof, and return a copy of the 
finding of the jury and all the testimony to the inspector. 

1897, c. 251, s. 6. 

4776. Report to inspector. The owner, lessee or agent in charge 
of any mine, any limestone quarry, or who is engaged in mining 
or producing any mineral whatsover in this state, shall, on or before 
the thirtieth day of November in every year, send to the office of 
the inspector upon blanks to be furnished by him a correct return, 
specifying with respect to the year ending on the preceding first 
day of October the quantity of coal, iron ore, fire-clay, limestone or 
other mineral product of such mine or quarry, and the number of 
persons ordinarily employed in or about such mine or quarry below 
and above ground, distinguishing the persons and labor below ground 
and above ground. 

1897, c. 251, s. 3. 

4777. Liable for injuries. For any injury to person or property 
occasioned by any wilful violation of this chapter, or any wilful 
failure to comply with its provisions, by any owner, agent or mana- 

304 



4777 MINES—/. Operators. Ch. 104 

ger of the mine, a right of action shall accrue to the party injured 
for any damage he may have sustained thereby;, and in any case of 
loss of life by reason of such wilful neglect or failure aforesaid a 
right of action shall accrue to the personal representative of the 
deceased, as in other actions for wrongful death. 
1897, c. 251., s. 6. 

II. LXNI'KCTOK. 

4778. Commissioner of labor and printing is, ex officio. The 

commissioner of labor and printing shall perform the duties of 
mine inspector as provided in this chapter. 
1897, c. 251, s. l. 

4779. To examine mines. It shall be the duty of the inspector 
to examine all the mines in the state as often as possible to see that 
all the provisions and requirements of this chapter are strictly 
observed and carried out ; ne shall particularly examine the works 
and machinery belonging to any mine, examine into the state and 
condition of the mines as to ventilation, circulation and condition 
of air, drainage and general security. 

1897, c. 251, s. 2. 

4780. May enter to make examinations. For the purpose of 

making the inspection and examinations provided for in this chap- 
ter, the inspector shall have the right to enter any mine at all rea- 
sonable times, by night or by day, but in such manner as shall not 
unnecessarily obstruct the working of the mine ; and the owner or 
agent of such mine is hereby required to furnish the means neces- 
sary for such entry and inspection ; the inspection and examination 
herein provided for shall extend to fire-clay, iron .ore and other mines 
as well as coal mines. 
1897, c. 251, s. 2. 

4781. Death by accident investigated. Upon receiving notice 

of any death resulting from accident it shall be the duty of the 
inspector to go himself, or send a representative, at once to the mine 
in which said death occurred and inquire into the cause of the same, 
and to make a written report fully setting forth the condition of 
that part of the mine where such death occurred and the cause which 
led to the same ; which report shall be filed by the inspector in his 
office as a matter of record and for future reference. 
1897, c. 251, s. 6. 

4782. Keep record of examinations. He shall make a record of 

all examinations of mines, showing the date when examination made, 
the condition in which the mines are found, the extent to which the 

R. S. Vol. 11—20 305 



4782 MIXES— II. Inspector. Cli. 104 

laws relating to mines and mining are observed or violated, the pro- 
gress made in the improvements and security of life and health sought 
to be secured by the provisions of this chapter, number of accidents, 
injuries received or deaths in or about the mines, the number of 
mines in the state, the number of persons employed in or about each 
mine, together with all such other facts and information of public 
interest, concerning the condition of mines, development and pro- 
gress of mining in the state as he may think useful and proper, 
which record shall be filed in the office of the inspector, and as much 
thereof as may be of public interest to be included in his annual 
report. 

1897, c. 251, s. 2. 

4783. Preserve papers. lie shall keep in his office and carefully 
preserve all maps, surveys and other reports and papers required 
by law to be filed with him, and so arrange and preserve the same as 
shall make them a permanent record of ready, convenient and con- 
nected reference. 

1897, c. 251 s. 3. 

4784. To enforce law; Counsel furnished. In case of any con- 
troversy or • disagreement between the inspector and the owner or 
operator of any mine or the persons working therein, or in case of 
conditions or emergencies requiring counsel, the inspector may call 
on the governor for such assistance and counsel as may be necessary. 
Should the inspector find any of the provisions of this chapter vio- 
lated or not complied Avith by any owner, lessee or agent in charge, 
unless the same is within a reasonable time rectified, and the provis- 
ions of this chapter fully complied with, he shall institute an action 
in the name of the state to compel the compliance therewith. The 
inspector shall exercise a sound discretion in the enforcement of this 
chapter. 

1897, e. 251, s. 2. 

4785. Enjoin operations when law violated. On application of 

the inspector, after suit brought as directed in the preceding sec- 
tion, any court of competent jurisdiction may enjoin or restrain the 
owner or agent from working or operating such mine until it is made 
to conform to the provisions of this chapter ; and such remedy shall be 
cumulative, and shall not take the place of or afreet any other pro- 
ceedings against such owner or agent authorized by law for the mat- 
ter complained of in such action. 
1S97, c. 251, s. 7. 

4786. Report to governor. The inspector shall annually make 
report to the governor of all his proceedings, the condition and opera- 

300 



4786 MINES— II. Inspector. Ch. 104 

tion of the different mines of the state, and the number of mines and 
the number of persons employed in or about such mines, the amount 
of coal, iron ore, limestone, fire-clay or other mineral mined in this 
state ; and he shall enumerate all accidents in or about the mines, 
and the manner in which they occurred, and give all such other in- 
formation as he thinks useful and proper, and make such suggestions 
as he deems important relative to mines and mining, and any leg- 
islation that may be necessary on the subject for the better preser- 
vation of the life and health of those engaged in such industry. 
1897, c. 251 s. 3. 

4787. To What applicable. The provisions of this chapter shall 
not apply to or affect any mine in which not more than ten men are 
employed at the same time ; but the inspector shall at all times have 
free ingress to such mines for the purpose of examination and inspec- 
tion, and shall direct and enforce any regulation in accordance with 
the provisions of this chapter that he may deem necessary for the 
safety of the health and lives of the miners employed therein. 

1897, c. 251, s. 8. 

III. Waterways Obtained. 

4788. Water and drainage rights, how obtained. Any person 

or body corporate engaged or about to engage in mining, who may 
find it necessary for the furtherance of his operations to convey 
water either to or from his mine or mines over the lands of any 
other person or persons, may make application by petition in writ- 
ing to the clerk of the superior court of the county in which the 
lands to be affected or the greater part are situate, for the right so 
to convey such water. The owner of the lands to be affected shall 
be made a party defendant and the proceeding shall be conducted 
as other special proceedings. 

Code, ss. 3293, 3294, 3300; 1871-2, e. 158, ss. 1, 3. 

4789. The petition, what to contain. The petition shall specify 

the lands to be affected, the name of the owner of such lands, and 
the character of the ditch or drain intended to be made. 
Code, s. 3294, 1871-2. c. 158. s. 3. 

4790. Appraisers; appointment, duties and pay of. Upon the 

hearing of the petition, if the prayer thereof be granted, the clerk 
shall appoint three disinterested persons, qualified to act as jurors, 
and not. connected either by blood or marriage with the parties, ap- 
praisers to assess the damage, if any, that will accrue to the lands 
by the contemplated work, and shall issue a notice to them to meet 
upon the premises at a day specified, not to exceed ten days from 
the date of such notice. The appraisers having met, shall take an 

307 



4790 MINES— III. Waterways Obtained. Oh. 104 

oath before some officer qualified to administer oaths, to faithfully 
perform their duty and to do impartial justice in the case, and 
shall then examine all the lands in any way to be affected by such 
work, and assess the damage thereto, and make report thereof under 
their hands and seals to the clerk from whom the notice issued. 

Code, ss. 3295, 3296, 3299; 1871-2, e. 158, ss. 4, 5, 9. 

4791. Confirmation of report; payment of damages; rights of 

petitioner. After the filing of the report and confirmation thereof 
by the clerk, who shall have power to confirm or, for good cause, set 
aside the same, the petitioner shall have full right and power to 
enter upon such lands and make such ditches, drains or other nec- 
essary work: Provided, he has first paid or tendered the damages, 
assessed as above, to the owner of such lands or his known and 
recognized agent, if he be a resident of this state, or have such 
agent in this state. If the owner be a nonresident and have no 
known agent in this state, the amount so assessed shall be paid by 
the petitioner into the office of the clerk of the superior court of 
the county for the use of such owner. 
Code, s. 3297; 1871-2, c. 158, s. 7. 

4792. Registration Of report. The petitioner, or any other per- 
son interested, may have the report of the appraisers registered upon 
the certificate of the clerk and shall pay the register a fee of twenty- 
five cents therefor. 

Code, s: 3298, 1871-2, c. 158, s. 8. 



Note. Violations of law of mining a misdemeanor, see Crimes. 



CHAPTER 105. 





PENSIONS. 


Sections. 


I. 


Pension boards. 


4793—4798 


II. 


Who entitled; amount, 


47 9u— 4802 


III. 


Applications, 


4803—4807 


rv. 


Warrants, 


4808 — 4810 


v. 


Funds collected and disbursed, 


4811—4813 


VI. 


Special privilege to disabled veterans, 


4814 



I. Pension Boabds. 

4793. State. The governor, attorney general and auditor shall 
be constituted a state board of pensions, which shall examine each 
application for a pension, and for this purpose it may take other 

308 



4793 PENSIONS— 7. Pension Boards. Ch. 105 

testimony than that sent up by the county boards. Such applica- 
tions as are approved by the state board shall be paid by the treas- 
urer upon the warrant of the auditor. 
1903, c. 273/ s. 5. 

4794. Auditor transmits list of pensioners to clerk. The auditor 

shall, as soon as the same is ascertained, transmit to the clerks of 
• the superior courts of the several counties a correct list of the 
pensioners, with their postofSces, as allowed by the state board of 
pensions. 

1903, e. 273, s. 15. 

4795. Make rules. The state board of pensions is hereby em- 
powered to prescribe rules and regulations for the more certainly 
carrying into effect this chapter according to its true intent and pur- 
pose. 

1903, e. 273, s. 17. 

4796. County. The clerk of the superior court, together with 
three reputable ex-Confederate soldiers, to be appointed by the aud- 
itor, shall constitute a county board of pensions for their county. 

1903, c. 273, s. 5. 

4797. Examination and classification. All persons entitled to 

pensions under this chapter, not now drawing pensions, shall appear 
before the county board of pensions on or before the first Monday in 
July of each year, for examination and classification in compliance 
with the provisions of this chapter. But upon presentation to the 
board of the certificate of a reputable physician, residing in the 
county, that, to his own knowledge, any applicant for a pension is 
physically or mentally incapable of attending, such applicant shall 
be excused from attendance. 
1903, e. 273, s. 2. 

4798. Roll revised annually. On the first Monday of July of 
each year the pension board of each county shall revise and purge 
the pension roll of the county, first giving written notice of ten days 
to the pensioner who is alleged not to be rightfully on the state pen- 
sion roll, to show cause why his name should not be stricken from 
the pension list, and said board shall meet another day to consider 
the subject of purging the said list. 

1903, c. 273, s. 6. 

II. Who Entitled; Amount. 

4799. Persons in militia Service. Every person who may have 
been disabled by wounds in the militia service of the state, or ren- 

309 



4799 PENSIONS— II, Who Entitled; Amount. Oh. 105 

dered incapable thereby of procuring subsistence for himself and 
family, and the widows and orphans of such persons who may have 
died from such wounds, or from disease contracted in such service, 
shall be entitled to pensions as hereinafter provided for Confederate 
soldiers. 

Code, s. 3472; R. C., c. 84. 

4800. Totally blind; loss of both hands or feet. All ex-Confeder- 
ate soldiers and sailors who have become totally blind since the war, 
or who lost their sight or both hands or feet in the Confederate 
service, shall receive from the public treasury one hundred and 
twenty dollars a year. 

1901, e. 332, s. 5; 1899, c. 619. 

4800a. Totally blind and disabled. The clerk of the superior 

court under his seal of office shall certify to the governor, giving 
the name and the riumber of the blind and maimed soldiers exam- 
ined in his county, upon which the auditor, with the approval of 
the governor, is authorized to issue his warrant to the treasurer to 
pay the sum of one hundred and twenty dollars annually for each 
blind and maimed person named in the certificate, and the said 
clerk shall pay out such money monthly to the persons entitled to 
the same. 

Code, s. 3479; 1879, c. 193. s. 4; 1883, c. 341. 

4801. Other disabilities from wounds and injuries; widows. 

There shall be paid out of the treasury of the state, on the warrant 
of the auditor to every person who has been for twelve months 
immediately preceding his application for pension a bona fide resi- 
dent of the state, and who is incapacitated for manual labor and was 
a soldier or a sailor in the service of the Confederate States of Amer- 
ica, during the war between the states, and to the widow of any 
deceased officer, soldier or sailor who was in the service of the Con- 
federate States of America during the war between the states (pro- 
vided such widow was married to such sailor or soldier before the 
first day of April, one thousand eight hundred and sixty-five, and 
if she has married again, is a widow at the date of her application), 
the following sums annually according to the degree of disability 
ascertained by the following grades, viz. : First, to such as have re- 
ceived a wound which renders them totally incompetent to perform 
manual labor in the ordinary avocations of life, seventy- two dollars; 
second, to such as have lost a leg above the knee, or an arm above 
the elbow, sixty dollars ; third, to such as have lost a foot or leg be- 
low the knee, or a hand or arm below the elbow, or have a leg or arm 
i-endered utterly useless by reason of a wound or permanent injury, 
forty-eight dollars ; fourth, to such as have lost an eye, and to widows, 

310 



4801 PENSIONS—//. Who Entitled; Amount. Oh. 103 

and all other soldiers who are now three-fourths disabled from any 
cause to perform manual labor, thirty dollars. 

1903, e. 273, s. 1. 

4802. Who not entitled. No person shall be entitled to receive 
the benefits of this chapter who owns property in his own right or 
in the right of his wife the tax valuation of which exceeds the sum of 
five hundred dollars, or who, having owned property in excess of five 
hundred dollars, has disposed of the same by gift or voluntary convey- 
ance to his wife, or child, or children, or next of kin, or to any other 
person, since the eleventh day of March, one thousand eight hundred 
and eighty-five, or who is an inmate of the soldiers' home at Ral- 
eigh, or a state hospital for the insane, or who was a deserter, nor the 
widow of such deserter; or who receives a pension from any other 
state, or the United States ; or who holds a national, state or county 
office which pays annually a salary or in fees the sum of three hun- 
dred dollars, or who is receiving aid from the state under any act 
providing for the relief of soldiers who are blind or maimed ; but no 
soldier who has been honorably discharged or who was in service at 
the surrender shall be considered a deserter in the meaning of this 
chapter. 

1903, c. 273, ss. 3, 4, 10, 9; 1899, c. 605. s. 3. 

III. Applications. 

4803. Forms provided by auditor. The auditor shall provide and 
have printed and sent to the clerks of the superior courts of the sev- 
eral counties, for use of applicants, blank applications for pensions 
allowed under this chapter. 

1903, c. 273, s. 11. 

4804. By Whom made. No soldier, officer, sailor or widow shall 
be entitled to the benefits of this chapter except upon his or her own 
application, or, in case he or she is insane, upon the application of 
his or her guardian. 

J903, e. 273, s. 9. 

4805. Filed With Clerk; What to Contain. Before any officer, sol- 
dier or sailor, not now receiving a pension, shall receive any part of 
the 'annual appropriation made for pensions he shall, on or before 
the first Monday in July of every year, file with the superior court 
clerk of the county wherein he resides, an application for relief, 
setting forth in detail the company and regiment or battalion in which 
he served at the time of receiving the wound, the time and place of 
receiving the wound ; whether he has an annual income of three hun- 
dred dollars, or over, from any municipal, state or federal office, or 

311 






4805 PENSIONS—///. Applications. Ch. 105 

other source ; whether he is worth in his own right, or in the right 
of his wife, property at its assessed value for taxation to the amount 
of five hundred dollars ; whether he is receiving any aid from the 
state of North Carolina under any other statute providing for the 
relief of the maimed and blind soldiers of the state ; and whether 
he has been a citizen of the state of North Carolina for twelve 
months next preceding the application. Such application shall be 
verified by the oath of the applicant, made before any one empowered 
to administer oaths, and shall be accompanied by the affidavit of 
one or more credible witnesses, stating that he or they verily believe 
the applicant to be the identical person named in the application 
and the facts stated in the application to be true ; and when the 
county board of pensions is satisfied with the justness of the claim 
made by the applicant they shall so certify the same to the auditor 
under their hands and the seal of the superior court of their county, 
which shall be impressed by the clerk of the superior court of the 
county ; and there shall accompany the certificate so sent to the audi- 
tor the application, affidavit and proofs taken by them, which pa- 
pers shall be kept on file in the auditor's office. Clerks of the 
superior courts shall receive no fees whatsoever for services required 
of them by this chapter. 

1903, c. 273, ss. 5, 6. 

4806. Clerk to forward to auditor. It shall be the duty of the 

clerk of the superior court of the county where the application is 
filed to forward to the auditor immediately after the certificate re- 
quired by the next preceding section is made and before the first Mon- 
day in August in each year, the application and proofs and certifi- 
cates, and upon the state board of pensions being satisfied of the truth 
and genuineness of the application, the author shall issue his warrant 
on the treasurer for the same. 
1903, c. 2733 s. 7. 

4807. Certificate of clerk instead of. After an application has 

once been passed upon and allowed by the county and state boards, 
it shall be necessary only for the applicant to file with the auditor 
a certificate from the clerk of the superior court of the county in 
which his application was originally filed, setting forth that the 
applicant is the identical person named in the original application 
which is on file in the auditor's office, and that the applicant is alive, 
but still disabled, and a citizen of this state, and still entitled to the 
benefits of this chapter. If any reputable person shall file with the 
auditor a written statement suggesting fraud in such certificate, the 
auditor shall present the matter to the state board, which shall inves- 
tigate and pass upon it before the auditor draAvs his warrant for the 
payment of the amount to which the applicant would be entitled. 

1903, c. 273, s. 8. 

312 



4808 PENSION'S— IT. Warrants. Ch. 105 

IV. Warrants. 

4808. When issued; Where Sent. No warrant shall be issued for 
any sum appropriated under this chapter in favor of any applicant 
until after the first day of September of each year. The warrants 
for pensioners shall be sent by the auditor to the clerk of the superior 
court of the county in which the pensioners reside, and it shall be 
the duty of the clerk of the superior court to acknowledge to the 
auditor the receipt of such warrants by the next mail after their 
receipt, and the clerk of the superior court shall forthwith deliver 
or mail to each pensioner in his county his warrant, and post in 
the courthouse a list of the pensioners to whom he has mailed or 
delivered warrants. 

1903, e. 273, ss. 9, 14. 

4809. To whom payable; how endorsed. The auditor shall issue 

his warrant payable to the pensioner, or order, and such warrant 
shall not be paid by the treasurer without the endorsement of the 
payee or his duly appointed attorney in fact, specially authorized 
to make such endorsement ; and if such endorsement is made by 
the payee it shall be attested by the official signature of the clerk of 
the superior court or some justice of the peace of the county in 
which such payee resides, and if such endorsement is made by the 
attorney in fact of the payee, a copy of the power of attorney, duly 
attested by the clerk of the superior court or a justice of the peace 
of the county in which the payee resides, shall be attached to the 
warrant. 

1903, c. 273, s. 13. 

4810. Payable after death of claimant. It shall be lawful for 

the treasurer to pay any warrant issued by the auditor to any per- 
son drawing a pension under the laws of this state for any balance 
due such pensioner from the time of the last payment up to the time 
of his death. The warrant shall be accompanied by an affidavit, 
made before an officer having a seal of office, by a reputable person, 
to the effect that the pensioner is dead, and that the warrant is issued 
as a balance due the pensioner up to the time of his death. 

1895. c. 228. 



Note. Speculating in pension warrants a misdemeanor, see Crimes. 

V. Eunds Collected awd Disbursed. 

4811. Tax Collected. The auditor shall provide a column on the 
tax list for the year one thousand nine hundred and five, and annu- 
ally thereafter, to be called pensions for disabled Confederate sol- 

313 



4811 PENSIONS— 7. Funds Collected and Disbursed. Ch. 105 

diers, sailors and widows. This tax shall be collected and paid into 
the treasury by the sheriffs as are other state taxes. 

1903, c. 273, s. 18. 

4812. Deficiency provided for. If the fund collected from the 
special pension tax in any year should be insufficient to pay in full 
all of the pensions which have been allowed, the treasurer shall pay 
such pensions out of the general fund in the treasury ; but in no 
year shall the total amount paid for pensions exceed two hundred 
thousand dollars. In case the amount appropriated for the payment 
of pensions be insufficient to pay the same in full, then the appro- 
priation shall be annually apportioned pro rata among the several 
grades of pensioners provided for in this chapter. 

1903, c. 273, ss. 1, 19. 

VI. Special Privilege to Disabled Veterans. 

4814. May peddle Without license. All ex- Confederate soldiers 
who are without means of support other than their manual labor 
and who are incapacitated to perform manual labor for any reason 
other than by their vicious habits, and now citizens of this state, 
shall be allowed to peddle drugs, goods, wares and merchandise in 
any of the counties of this state without a license therefor. Before 
any soldier shall be entitled to the benefits of this chapter he shall 
make application to the county board of pensions of the county of 
which he is a resident and show to the satisfaction of said county 
board of pensions that he is entitled to the same by having served 
in the Confederate army or navy during the war between the states, 
and that he is incapacitated to perform manual labor, and does not 
own property the tax valuation of which exceeds the sum of five hun- 
dred dollars in his own name or in the name of his wife, deeded to her 
by him since the first day of March, one thousand nine hundred and 
two. 

1903, c. 530. 



Note. Officer failing to discharge duty guilty of misdemeanor, see Crime;-. 
For penalty for speculating in pensions, see Crimes. 
For compensation of county board, see Salaries and Fees. 
For pensions to certain named persons, see 1899, cc. 605, 660. 



314 



4815 PUBLIC BUILDINGS AND GROUNDS. Oh. 106 

CHAPTER 106. 
PUBLIC BUILDINGS AND GROUNDS. 

(Sections 4815 — 4827.) 

4815. Board of public buildings; keeper of the capitol. The 

board of public buildings and grounds shall appoint a keeper of the 
capitol, public grounds and arsenal, who shall hold his office until 
his successor is appointed, and files his bond, as required in the chap- 
ter entitled Bonds. The keeper of the capitol shall perform all the 
duties and have all the rights as hereinafter prescribed. As to the 
manner of performing his duties he shall be under the general direc- 
tion of a board known as the board of public buildings and grounds, 
consisting of the governor, secretary of state, treasurer and attor- 
ney general; but he shall have the absolute right to appoint ajuil con- 
trol all lawful subordinates, such as watchmen of the capitol, work- 
men on the grounds, and servants about the capitol and its appurte- 
nances, except the servant and messenger waiting and attending upon 
the supreme court. And, with the approval of the marshal of the 
supreme court, he shall appoint one janitor, but not more than one, 
of the supreme court building, whom he shall, in like maimer, have 
the right to remove. 

Code, s. 2301; 1899, c. 482; 1870-1, ec. 8, 175; 1880, c. 61. 

4816. Arsenal. The keeper of the capitol shall also have charge 
of the arsenal located in the capitol square, under the superintend- 
ence of the adjutant general, and the separate office of keeper of the 
arsenal is hereby abolished. 

Code, s. 2302; 1870-1, c. 175, s. 3. 

4817. Duties of the board and the keeper. The board of public 

buildings and grounds shall take charge of and keep in repair the pub- 
lic buildings of the state in the city of Raleigh; shall, from time to 
time, as the same may be needed, procure, furnish, and keep in repair 
for the halls of the senate and house of representatives and the 
public offices of the capitol all necessary furniture, and the keeper 
shall take care of the furniture, sweep and cleanse off cobwebs and 
dust from all the unoccupied parts of the buildings; keep the keys 
of the several doors not occupied as offices, and conduct visitors 
throtigh the capitol, whenever requested to do so ; shall, under the 
direction of the board, trim or remove trees standing in the public 
square, and remove the leaves and other rubbish as often as may be 
necessary; and shall perform any other duty required by this chap- 
ter, of which he is capable, whenever especially ordered by the board 

315 



4817 PUBLIC BUILDINGS AND GROUNDS. Ch. 106 

to do so. The board at all times is required to use such means as 
may secure the capitol from fire. 
Code, s. 2303; R. C. ; c. 103, s. 3. 

4818. Keeper of capitol supervisor of public lots. The keeper 

of the capitol is appointed supervisor of all the other public lots be- 
longing to the state in the city of Raleigh, except such as may be occu- 
pied by the institution for the deaf and dumb, and the public schools, 
and Moore and Nash squares, and such other vacant lots as are by 
this chapter placed in charge of the city of Raleigh, and he is author- 
ized to lease such lots or such parts thereof as it may be proper to 
lease, and upon such terms as may be reasonable and proper, for the 
period of twelve months, and he is required to turn over the pro- 
ceeds of such renting to the governor whenever the same be de- 
manded, after retaining for his services ten per cent, thereof. 
Code, ss. 2312, 2314; 1870-1, c. 282, s. 3; 1871-2, c. 205. 

4819. Rooms assigned to different officers. The rooms of the 

capitol, other than the senate chamber and house of representatives, 
shall be appropriated as follows : The two west rooms of the southern 
division of the capitol shall be appropriated to the executive ; the 
two east rooms in the southern division shall be appropriated to the 
treasurer ; the two east rooms in the northern division shall be appro- 
priated to the secretary of state, and the two rooms opposite to the 
auditor; the upper room in the east wing to the insurance commis- 
sioner ; and the room number three, in the west wing, shall be appro- 
priated and set apart to the enrolling clerks of the general assembly. 
The other rooms shall be used for state purposes under the direction 
of the board of public buildings. 

Code, s. 2305; R. C, c. 103, s. 5; 1885, c. 121, s. 8. 

4820. Supreme Court building. The supreme court, supreme 
court clerk, attorney general, superintendent of public instruction, 
supreme court library, and state library shall each occupy the rooms 
set apart for them in the supreme court building. 

1885, c. 121, ss. 5, 7. 

4821. Rooms for the corporation commission. The four rooms 

now occupied by the corporation commission, in the agricultural 
building, be and the same are hereby set aside for the exclusive use 
of the said corporation commission. The remaining portion of the 
agricultural building shall be used by the department of agriculture 
and for a museum. 
1893, c. 228. 

4822. Sleeping apartments not allowed. The rooms in the 

capitol and supreme court building shall not be used as sleeping 

316 



4822 PUBLIC BUILDINGS AND GROUNDS. Oh. 106 

apartments, and no beds shall be kept in any room save only that 
used by the keeper ; and he shall remove all beds and sleeping 
conches which may be introduced by any person into any of the 
rooms ; and shall take charge of and keep all the keys of the rooms, 
except only such as are used by the heads of the departments ; and 
of them for such time as they are not so used. 

Code, s. 2304; R. C., c. 103, s. 5; 1842, c. 54. 

4823. Walks in and around capitol square, repair of. Whenever 

the walks in and immediately around the capitol square become so 
worn by action of the weather or other causes that in the judgment 
of the board of public buildings they should be repaired, relocated, or 
resurveyed, the board is authorized to direct the keeper of the capi- 
tol to contract for suitable material for such repairs ; but the work 
shall be done by convict labor as far as the same can be used ; and the 
auditor shall audit the accounts for said material and labor on the 
approval of the board of public buildings and the keeper of the 
capitol. 

Code, s. 2316; 1881, c. 325, ss. 1, 2. 

4824. Moore and Nash squares and other public lots. The 

board of aldermen of the city of Raleigh shall have power to grade, 
lay out in walks, plant with trees, shrubbery and flowers, and other- 
wise adorn Moore square and Nash square , in said city, so as to 
make the same an ornament to the city, and to that end they shall 
have the general charge and management of those squares. They 
may improve in like manner any of the vacant lots belonging to 
the state within the city limits not otherwise specially appropriated. 
But they shall not have power to prevent the free access of well- 
behaved persons to such squares and lots except at unreasonable 
hours or for some temporary purpose specially to be designated by 
the board. 

Code, ss. 2314, 2315; 1871-2, c. 205, ss. 1, 2. 

4825. Appropriation for capitol grounds. A sum not exceeding 

six hundred dollars shall be set apart annually, out of any money 
in the treasury not otherwise appropriated, which may be used in 
caring for the capitol square and public grounds in the city of 
Raleigh. 

Code, s. 2309; 1887, e. 409, s. 12; 1870-1, c. 80. 

4826. Accounts for labor, how audited. No account for work 

or labor done on the capitol square or public grounds in the city 
of Raleigh, or in the senate chamber, or house of' representatives, 
or in. any room or office in the capitol, or in any building connected 
with the square or grounds, shall be audited or paid until the same 

317 



: 



4826 PUBLIC BUILDINGS AND GROUNDS. Ch. 106 

is sworn to before the secretary of state, to be just and true, and so 
certified by that officer. Nor shall the secretary of state certify the 
account of any laborer for work done or services rendered in any 
of such buildings or on any of such grounds, unless it be made to 
appear that such laborer or employee has been employed by the 
keejDer of the capitol. 

Code, s. 2310; 1870-1, e. 80, s. 2. 

4827. Accounts for fuel, hOW audited. No account for fuel shall 
be audited or paid until the claimant make oath, as in the preced- 
ing section, that the account is just and true, and that the number 
of cords of wood, or tons of coal, charged for, have been delivered 
to the authorities authorized to receive the same at the public build- 
ing. 

Code, s. 2311; 1870-1, c. 80, s. 3. 



CHAPTER 107. 
PUBLIC DEBT. 

Sections. 
I. Funded debt, 4828 — 4854 

II. North Carolina railroad bonds, 4855 — 4866 

III. Issue of 1903, 4867—4870 

IV. State's prison, bonds, 4871—4876 

I. Funded Debt. 

4328. Bonds and certificates transferable; mode. All bonds 

or certificates of debt of the state, which now are or hereafter may 
be issued on behalf of the state, shall be transferable, such as are 
payable to bearer, by delivery, and such as are payable to the holder 
by name alone ; may be transferred by the holder or his agent in 
a book to be kept for that purpose by the state treasurer, on surren- 
dering for cancellation the outstanding bond or certificate ; and in 
this latter case of transfer, a new bond or certificate for the same 
amount shall be issued. 

Code, s. 3562; R. C. c. 90. s. 2; 1848, c. 37, s. 5; 1850, c. 58, s. 4; 1852, c. 11. 

4829. How bonds executed; interest coupons attached; where 

payable; minimum amount. All bonds or certificates of debt of the 
state, hereafter to be issued as originals, or as substitutes for such 
as may be surrendered for transfer, by virtue of any act now or to 
be hereafter passed, shall be signed by the governor, and counter- 
signed by the state treasurer, and sealed with the great seal of the 

318 



4829 PUBLIC DEBT—/. Funded Debt. Oh. 107 

state, and shall be made payable to such person by name as may be 
the purchaser, or to bearer ; and the principal shall be made payable 
by the state at a day named in the bond or certificate. And cou- 
pons of interest, in such form as may be prescribed by the state 
treasurer, shall be attached to the certificates, and the certificates and 
coupons attached thereto shall be made payable at such bank or place 
in the city of New York as the state treasurer may designate, or at 
the office of the state treasurer at Raleigh, if preferred by the pur- 
chaser: Provided, that if the purchaser or holder may so desire, the 
bond or certificate shall be payable to him alone, and not to bearer : 
Provided further, that no certificate shall issue for a less sum than 
one thousand dollars, unless the same be issued for a surrendered 
bond of less amount; nor shall any original bond or certificate of 
debt of the state be sold for a sum less than par value ; nor shall any 
such bond or certificate, issuing in lieu of a transferred bond or cer- 
tificate, be payable elsewhere than may be the original, except by 
the consent of the holder it may be made payable at the state 
treasury. 

Code, s. 3563; E. C, c. 90, s. 3; 1848, c. 89, s. 22; 1852, cc. 9. 10, s. 10. 

4830. Record of, with numbers, etc., kept by state treasurer. 

The state treasurer shall enter in a book to be kept for that purpose, 
a memorandum of every bond, or certificate of debt of the state, 
issued or to be issued under any act whatever, together with the 
numbers, dates of issue, when and where payable, at what premium, 
and to whom the same may have been sold or issued. 
Code, s. 3564; E. C, c. 90. s. 4; 1852. c. 10, s. 2. 

4831. State bonds exempt from taxation. The original bonds 

or certificates of debt of the state, which have been issued since the 
first day of January, one thousand eight hundred and fifty-three, or 
which may hereafter be issued under the authority of any act what- 
ever, as likewise the bonds and certificates substituted for such origi- 
nal bonds and certificates, shall be, they and the interest accruing 
thereon, exempt from taxation. 

Code, s. 3565; E. C. c. 90, s. 5; 1852, c. 10, s. 4. 

4832. Title of act and year of enactment recited in bonds, in 

every bond or certificate of debt issued by the state, and in the body 
thereof, shall be set forth the title of the act, with the year of its 
enactment, under the authority of which the same may be issued; or 
reference thereto shall be made by the number of the chapter, and 
the year of the legislative session. 

Code, s. 3566; E. C, c. 90. s. 6; 1850, c. 90. s. (i. 

4833. Chief clerk may make transfers and endorsements, when. 

In all cases where the state treasurer may be absent from his office 

319 



4833 PUBLIC DEBT— 7. Funded Debt. Ch. 107 

by sickness or other ca\xse, and coupon bonds may be presented for 
registration or transfer, the chief clerk, during such absence of the 
treasurer, may make such endorsements, and witness the same, and 
also such transfers of the said bonds as by law the treasurer himself 
is authorized to do. 

Code, s. 3567; 1864-5, c. 24. 

4834. Coupon bonds may be registered. Any holder of the 

bonds of the state, whether in his own right or in n fiduciary capac- 
ity, may have the same registered at the office of the state treasurer 
upon application and presentation of said bonds to the treasurer as 
hereinafter provided, and the treasurer of the state is hereby author- 
ized to issue registered bonds in exchange for and in lieu of any 
coupon bonds which have been or may be lawfully issued by the 
state, upon the surrender to him of said coupon bonds by the holder 
thereof. The registered bonds so issued shall be of the denomina- 
tion of ten thousand dollars, one thousand dollars or five hundred 
dollars as the case may be, bearing the date of the day of their issue, 
and of the same rate of interest as the coupon bonds for which they 
were issued in exchange, and from the last date of payment of inter- 
est on the coupon bonds surrendered, and maturing on the date cor- 
responding to the bonds surrendered. The treasurer is authorized to 
issue coupon bonds in exchange for and in lieu of any registered 
bonds issued by the state, upon the surrender of the registered bonds. 
The coupon bonds so issued shall be of denominations of one thou- 
sand dollars or five hundred dollars, bearing date of the day of their 
issue, and shall bear the same rate of interest and mature on the date 
corresponding to the bonds surrendered. 
Code, s. 3568; 1887, c. 287; 1883, c. 25. 

4835. Record of registered bonds; fees for registering. It shall 

be the duty of the treasurer to procure and provide at the expense 
of the state a suitable book or books, in which, upon application and 
presentation of a bond or bonds as aforesaid, he shall enter in a 
manner to be of easy and ready reference, a description of said bond 
or bonds, giving the number, series, date of issue, denomination, by 
whom signed, and such other data as may be necessary for the ready 
identification thereof, together with the name of the person register- 
ing the same, the character or capacity in which said person holds 
said bond or bonds, and for whose benefit the same is or are regis- 
tered ; and the said treasurer shall enter upon each and every bond 
so registered as aforesaid the date of said registration, by whom 
registered and in what character and capacity, and shall sign said 
entry officially. The registry of said bonds shall be received as evi- 
dence of their existence, amount, and when due and payable, in ail 
cases, when the original is lost or destroyed, or can not be obtained. 

320 



4835 PUBLIC DEBT— 7. Funded Debt. Ch. 107 

The registered bauds issued in exchange under the preceding section 
shall be in such form as the treasurer may direct, shall be signed by 
the governor and treasurer and sealed with the great seal of the state, 
and shall in all respects stand in the place of and be entitled to all 
exemption from taxation, and have the same terms of any kind which 
the coupon bonds now have. 

Code, s. 3569; 1887. c. 287, s. 2; 1856. c. 16; 1883, c. 25, s. 2. 

4836. Fees for issuing registered bonds in exchange for coupon 

bonds. The holder surrendering any bond for exchange shall pay 
to the state treasurer a fee of two dollars for every one thousand 
dollars or less of said bonds surrendered for exchange under any 
law to be applied by the treasurer towards the expense of providing 
the new bonds. All bonds surrendered for exchange shall be cancelled 
by the state treasurer and destroyed by him in the presence of the 
governor and attorney general. 
1887, c. 287, ss. 4, 5. 

4837. Registered bonds, how transferred. ISTo bonds of the state 

shall, after being registered as provided in this chapter, be negotia- 
ble by delivery, but may nevertheless be negotiated or transferred 
by the person in whose name they are registered, by registration in 
the name of the person to whom the same are to be transferred or 
negotiated on surrendering for cancellation the outstanding bonds, 
and in such case of transfer a new bond for the same amount shall 
be issued. The old bond so surrendered shall be cancelled and de- 
stroyed as provided in the preceding section. 
Code, s. 3570; 1887, c. 287, s. 3. 

4838. What bonds are fundable. When any person holding and 
owning any bond or bonds of the state, issued in pursuance of any 
act of assembly, passed at any time before the twentieth day of May, 
one thousand eight hundred and sixty-one, exclusive of bonds issued 
for the construction of the Xorth Carolina railroad, or in pursuance 
of the act of the general assembly passed at its session in one thou- 
sand eight hundred and sixty-five, it being chapter three of the laws 
of one thousand eight hundred and sixty-five, or in pursuance of an 
act passed by the general assembly at its session in one thousand eight 
hundred and sixty-seven, it being chapter fifty-six of the laws of 
one thousand eight hundred and sixty-seven, or in pursuance of an 
act entitled "An act to provide for the payment of the state debt con- 
tracted before the war," ratified on the tenth day of March, one 
thousand eight hundred and sixty-six, or in pursuance of an act 
entitled "An act to provide for funding the matured interest on the 
public debt," ratified the tenth day of August, one thousand eight 
hundred and sixty -eight ; or any registered certificate or certificates 

E. S. Vol. 11—21 321 



4838 PUBLIC DEBT— I. Funded Debt. Ch. 107 

belonging to the board of education, issued in pursuance of an act 
of the general assembly of one thousand eight hundred and sixty- 
seven, shall surrender and deliver such bond or bonds, with the cou- 
pons attached thereto, or registered certificate or certificates, to the 
state treasurer, then and in that case it shall be the duty of the 
treasurer to issue and deliver to the person surrendering such, bond 
or bonds, certificate or certificates, a new bond or bonds of the state, 
due and payable thirty years from the first day of July, one thou- 
sand eight hundred and eighty, bearing interest from date at the 
rate of four per cent, per annum, payable semi-annually on the 
first days of January and July in each successive year at the office 
of the state treasurer. 

Code, s. 3571; 1879, c. 98, s. 1. 

4839. Denomination of bonds issued under preceding section; 

how signed. The said bonds to be issued in place of the bonds surren- 
dered are to be coupon bonds of the denomination of fifty dollars, one 
hundred dollars, five hundred dollars and one thousand dollars, and 
are to be numbered from, one upwards, in accordance with the order 
of issue. They shall be signed by the governor and treasurer, and 
sealed with the great seal of the state ; but the coupons thereon may 
be signed by the treasurer alone, or have a fac simile of his signa- 
ture printed, engraved or lithographed thereon. 
Code, s. 3572; 1879, c. 98, s. 2. 

4840. Exempt from taxation. The said bonds shall be exempt 
from all state, county or corporate taxation or assessment, direct or 
indirect, general or special, whether imposed for the purposes of 
general revenue or otherwise. The said coupons shall be receivable 
in payment of any and all state taxes, and the same shall be ex- 
pressed on the face of each coupon. The coupon shall bear the same 
number as the bonds to which they are attached, and in addition be 
numbered from one upwards, in accordance with the date of their 
maturity. 

Code, s. 3573; 1879, c. 98, s. 3. 

4841. Rate of exchange for fundable bonds. The said bonds 

shall be exchanged for the old bonds of the state, mentioned in sec- 
tion forty-eight hundred and thirty-eight, at the following rates : 

Glass 1. Bonds exchangeable at forty per cent. 

For the bonds issued before the twentieth day of May, eighteen 
hundred and sixty-one, forty per cent, of the principal of the bond 
or bonds so surrendered. 

Class 2. Bonds exchangeable at twenty-five per cent. 

For the bonds issued since the close of the war, by authority of 
acts passed before the war, to aid in the construction of the Western 

322 



4841 PUBLIC DEBT—/. Funded Debt. Oh. 107 

JSTorth Carolina railroad and the bonds issued in pursuance of the 
said act of assembly of eighteen hundred and sixty-five, chapter 
three, and act of assembly, eighteen hundred and sixty-seven, chap- 
ter fifty-six; the bonds issued October first, eighteen hundred and 
sixty-one, by authority of the act of eighteen hundred and sixty-one, 
chapter one hundred and thirty-seven, for Western (Coalfield) rail- 
road; the bonds issued October first, eighteen hundred and sixty -one, 
by authority of the act of eighteen hundred and fifty-four and fifty- 
five, chapter two hundred and twenty-eight, section thirty-five ; and 
resolution September the twelfth, eighteen hundred and sixty-one ; 
and the said registered certificates of the literary fund, for the bonds 
issued July the first, eighteen hundred and sixty-two, by authority 
of act of eighteen hundred and sixty and sixty-one, chapter one 
hundred and forty-two, for the construction of the Wilmington, 
Charlotte and Rutherford railroad, twenty-five per cent, of the prin- 
cipal of the bonds or certificates so surrendered. 

Class 3. Bonds exchangeable at fifteen -per cent.; proviso. 

And those issued in pursuance of the said funding acts of March 
tenth, eighteen hundred and sixty-six; and August twentieth, eigh- 
teen hundred and sixty-eight, fifteen per cent, of the principal of 
the bond or bonds so surrendered: Provided, that all bonds issued 
in exchange for the new bonds shall be surrendered with all the cou- 
pons attached. 

Code, s. 3574; 1879, c. 98, s. 4. 

4842. Form Of bonds. The bonds so issued shall be in the usual 
form of bonds of this state, except as modified and provided by this 
chapter, and shall have printed on the face of the same the words : 

Issued in pursuance of an act entitled "An act to compromise, commute and 
settle the state debt," ratified the .... day of . . . ., Anno Domini one thousand 
eight hundred and seventy-nine, and in large red letters, "The Consolidated Debt 
of the State." 

Code, s. 3575; 1879, c. 98, s. 5. 

4844. Excess invested in bonds. If the whole fund raised by such 
taxes shall not in any one year be required to pay such accruing 
interest, then and in that case it shall be the duty of the treasurer, 
with the sanction of the governor and the auditor to invest the sur- 
plus in such of the consolidated bonds or the state bonds issued in 
aid of the North Carolina railroad, known as construction bonds, 
or in the state's prison bonds, or in the bonds of the issue of 1903, as 
he can buy at the lowest price ; and the treasurer may, with the ap- 
proval of the governor and auditor, sell any portion of the bonds so 
purchased if necessary to enable him to pay promptly the interest on 
the consolidated debt of the state. And the treasurer may, with the 
approval of the governor and auditor, sell any of the consolidated 

323 



4844: PUBLIC DEBT—/. Funded Debt. Ch. 107 

bonds in which he has heretofore invested snch surplus and invest 
the proceeds in the state bonds issued in aid of the Korth Carolina 
railroad, known as construction bonds, to be held by the treasurer 
for the purpose of protecting the interest on the consolidated debt 
of the state and sold by him if necessary for that purpose. 
Code, s. 3577; 1885, e. 403; 1887, c. 231; 1879, c. 98, s. 7. 

4845. List of surrendered bonds kept; bonds destroyed. The 

treasurer shall provide a substantially bound book for the purpose, 
in which he shall make a correct descriptive list of all the bonds 
of the state surrendered, which list shall embrace the number, date 
and amount of each, and the purpose for which the same was 
issued, when this can be ascertained, and the names of the per- 
sons surrendering the same, and after such list shall be made, such 
surrendered bonds being ascertained to be present, shall be con- 
sumed by fire in the presence of the governor, the treasurer, the 
auditor, the attorney general, the secretary of state and superintend- 
ent of public instruction, who shall each certify under his hand 
respectively in such book that he saw such described bonds so con- 
sumed and destroyed. 

Code, s. 3578; 1879, c. 98, s. 8. 

4846. List kept Of bonds iSSUed. The treasurer shall provide a 
well-bound book, in which shall be kept an accurate account and de- 
scriptive list of all the new bonds to be issued, and such descriptive 
list shall embrace the date, number and amount of such bond or 
bonds for which the same was issued, and the name of the person to> 
whom issued. 

Code, s. 3579; 1879, c. 98, s. 9. 

4847. Executors, etc., may exchange bonds. It shall be law- 
ful for any executor, administrator, guardian, trustee, director of 
any corporation, and any and all other persons acting in a fiduciary 
capacity, holding bonds of the state, to make the exchange provided 
in this chapter, and they shall be absolved from all liability on ac- 
count of said exchange. 

Code, s. 3580; 1879, c. 98, s. 10. 

4848. Extension of time to compromise state debt. So much of 

this chapter as authorizes the exchange of bonds and the issue of 
new bonds in compromise and settlement of the state debt, being sec- 
tion forty-eight hundred and thirty-eight, shall continue in force 
until the first day of January, one thousand nine hundred and seven. 
The governor is directed to resist the collection of all such bonds as 
are not funded by the time specified herein : Provided, that in issu- 
ing such bonds under this extension the public treasurer shall, be- 

324 



4848 PUBLIC DEBT— I. Funded Debt. Oh. 107 

fore delivering any new bonds thereunder, cut off and cancel all 
coupons whose date of maturity is prior to the time of such delivery. 

Code, s. 3581; 1893, e. 47; 1901, e. 126; 1903, e. 39; 1879, c. 98, s. 11; 1883, 
c. 6, ss. 1, 2. 

4848a. Taxes applied to interest of certain bonds. All state 

taxes levied and collected from professions, trades, incomes, mer- 
chants, dealers in cigars, and three-fourths of all the taxes collected 
from wholesale and retail dealers in spirituous, vinous and malt 
liquors shall be held and applied to the payment of the interest on 
said bonds, and the provisions of this section shall be deemed and 
taken to be a material part of the consideration for which the bonds 
of the state shall or may be surrendered. 

Code, s. 3576; 1879, c. 98, s. 6. 

4849. Interest paid out of treasury, when. As a further provis- 
ion for the purpose of paying the interest on the consolidated bonds, 
if the taxes for any one year upon the subjects of taxation herein- 
before mentioned shall be insufficient to pay said interest, then and 
in that case the state treasurer is authorized to apply any funds 
in the treasury not otherwise appropriated to that purpose. 

Code, s. 3582; 1879, c. 98, s. 12. 

4850. Bonds sold to pay interest; contingent bonds. In the event 

that the taxes collected in any one year upon the aforesaid subjects 
of taxation and the funds not otherwise appropriated in the treas- 
ury when added together shall be inadequate to pay said interest, 
then, in order to provide for the deficiency, the state treasurer is 
authorized to issue coupon bonds of the denomination of five hun- 
dred dollars, bearing date the first day of October or April of the 
year of the issue, according as one or the other of said dates shall 
be nearest in point of time to the date of the issue. Said bonds shall 
be payable forty years after date, but redeemable after ten years 
at the option of the state, with interest at the rate of six per centum 
per annum, payable semi-annually on the first days of April and 
October. Said bonds shall bear upon their face in red letters the 
words "Contingent Bonds," and shall be numbered from one up- 
wards, in accordance with the order of their issue. They shall be 
signed by the governor and treasurer and sealed with the great seal 
of the state ; but the coupons thereon may be signed by the treas- 
urer alone, or have a fac simile of his signature printed, engraved 
or lithographed thereon. The said bonds and coupons shall be ex- 
empt from all state, county or corporate taxation or assessment, direct 
or indirect, general or special, whether imposed for the purposes of 
general revenue or otherwise, and they shall be lawful investments 
by all executors, administrators, guardians and fiduciaries generally. 
The coupons on said bonds shall bear the same number as the bonds 

325 



4850 PUBLIC DEBT— 7. Funded Debt. Ch. 107 

to which they are attached, and shall in addition be numbered from 
one upwards in accordance with the date of their maturity, and they 
shall be, and shall so express upon their face that they are, receivable 
at and after maturity in payment of all taxes, debts, demands and 
dues to the state of every nature and kind whatsoever. 
Code, s. 3583; 1879, c. 98, s. 13. 

4851. Treasurer to Sell bonds, When. The state treasurer shall 
be authorized to sell so many of said bonds at par as shall be neces- 
sary to provide for the deficiencies aforesaid : Provided, that he 
shall not issue and sell in the aggregate more than six hundred of 
these bonds. 

Code, s. 3584; 1879, c. 98, s. 14. 

4852. Interest on contingent bonds, how paid. The provisions 

of this chapter for paying the interest on the consolidated bonds 
shall apply as well to the payment of the interest of the said contin- 
gent bonds. 

Code, s. 3585; 1879, c. 98, s. 15. 

4853. Appropriation to carry out this chapter. For the purpose 

of carrying out the provisions of this chapter in relation to the 
furnishing of proper blank bonds and coupons, and for the purpose 
of advertising through the public journals, or otherwise, the details 
of exchange, for the information of the holders of the bonds, the 
state treasurer is authorized, with the approval of the governor, to 
use any funds not otherwise appropriated in the treasury, not exceed- 
ing the sum of five thousand dollars, and the public treasurer is au- 
thorized to use so much of such sum as may be necessary for the 
purpose of advertising through the public journals or otherwise, the 
details of exchange for the information of holders of said bonds. 

Code, s. 3586; 1901, c. 126, s. 3; 1879. c. 98, s. 16. 

4854. Treasurer to give notice. The state treasurer is authorized 
to give public notice of this plan for a settlement of the state's 
indebtedness by advertising in such newspapers as he may select. 

Code, s. 3587; 1879, e. 98, s. 17. 

II. North Carolina Railroad Bonds. 

4855. Commission authorized to negotiate as to construction 

bonds. In order to renew and adjust a portion of the state debt 
incurred to aid in the construction of the North Carolina railroad, 
and obtain an extension of time of paying the same and reduce the 
rate of interest thereon, the governor is hereby authorized to appoint 
three commissioners for the purpose of negotiating with the holders 
of said bonds and contracting with them for a renewal of the said 

326 



4855 PUBLIC DEBT— II. N. C. B. B. Bonds. Ch. 107 

debt on terms which may be advantageous to the state, and which 
shall be approved by the governor and state treasurer. 
Code, s. 3588; 1879, c. 138. 

4856. Commissioners may contract for renewal of old bonds. 

The said commissioners are hereby authorized, with the advice and 
consent of the governor and state treasurer, to contract and agree 
with holders of said old construction bonds for the renewal of the 
same with new bonds, to be issued under the provisions of the suc- 
ceeding sections upon such terms as may be agreed on by and be- 
tween the said commissioners and the holders of said' bonds. 
Code, s. 3589; 1879, c. 138, s. 2. 

4857. Commissioners to issue certificates, when. The said 

commissioners shall issue to each and every person delivering to 
them such old construction bonds in accordance with the terms of 
renewal which may be agreed on, a certificate which shall state the 
date, amount and number of the bonds and coupons delivered to 
them by each person, and number and amount of the new bonds 
which such person may be entitled to receive in renewal thereof. 
They shall file a copy of said certificate with the state treasurer im- 
mediately after the issue thereof. 

Code, s. 3590; 1879, e. 138, s. 3. 

4858. Commissioners to sell new bonds, when; how proceeds 

invested. The said commissioners, with the advice and consent of 
the governor and state treasurer, shall have power to sell said new 
bonds at par and invest the proceeds thereof in the purchase of the 
said old bonds : Provided, that no sale of such new bonds shall be 
made by said commissioners unless the proceeds thereof can be im- 
mediately invested in the purchase of said old bonds at a rate not 
greater than that at which they are being exchanged for new bonds, 
and not more than fifty thousand dollars of said bonds shall be sold 
at the same time, nor shall a future sale of bonds be made until the 
proceeds of previous sales have been invested in the purchase of 
bonds as aforesaid. Upon the sale of such bonds the commissioners 
shall issne a certificate to the purchaser thereof, stating the number 
and amount of such bonds to which such purchaser is entitled. 
Code, s. 3591; 1879, c. 138, s. 4. 

4859. Treasurer issues new bonds, when. Upon presentation 

of the certificate directed by the preceding section to the state treas- 
urer he shall deliver to the owner thereof the number and amount of 
state bonds to which he may be entitled according to said certificate, 
and for the purpose of effecting the renewal of said bonds, the state 
treasurer is hereby authorized and directed to issue bonds of the 
state, payable forty years from the first day of April, one thousand 

327 



4859 PUBLIC DEBT— II. N. C. B. B. Bonds. Ch. 107 

eight hundred and seventy-nine, bearing interest from the first day 
of April, one thousand eight hundred and seventy-nine, at such rate 
as may be agreed upon, not to exceed six per cent, per annum, pay- 
able semi-annually on the first days of April and October of each 
and every year until the principal shall be clue. 
Code, s. 3592; 1879. e. 138, s. 5. 

4860. Coupon bonds; how signed; coupons receivable for taxes. 

The bonds authorized by the preceding section shall be coupon bonds 
of the denomination of fifty, one hundred, five hundred, and one 
thousand dollars each, and shall be signed by the governor and state 
treasurer, and shall be sealed with the great seal of the state. The 
coupons thereon may be signed by the treasurer alone, or have a fac 
simile of his signature printed, engraved or lithographed thereon, 
and the said bonds and coupons shall in all other respects be in such 
form as the treasurer may direct, and shall express on their face that 
they are issued in renewal of said bonds ; and the coupons thereon 
shall, after maturity, be receivable in payment of all taxes, debts, 
dues, licenses, fines and demands due the state, of every kind what- 
soever, which shall be expressed on the face thereof. 
Code, s. 3593; 1879. e. 138. s. 6. 

4861. Record of bonds kept by treasurer. The state treasurer, 

before delivering any of said bonds, shall record in a well-bound 
book an accurate account and descriptive list of the said bonds, which 
shall embrace the date, amount and number thereof, and the name 
of the person to whom issued, and shall receive and cancel the cer- 
tificate issued by said commissioners on which such bonds are issued 
by him ; but no bonds shall be issued by the treasurer save in execu- 
tion of the provisions of this chapter. 
Code, s. 3594; 1879, c. 138, s. 7. 

4862. Bonds to stand in place of old bonds'. The said new bonds 

and coupons shall be exempt from all taxation whatsoever, state, 
county and municipal, general and special, and the same shall be 
expressed on the face thereof, and shall in all respects stand in the 
place of and be entitled to the same securities as are the old bonds 
and coupons aforesaid, and shall have the same lien on the stock of 
the state in the said railroad company which the said old bonds and 
coupons now have ; and the state treasurer shall apply the dividends 
received by the state on its stock in said company to the payment of 
the coupons on said new bonds. 
Code, s. 3595; 1879, c. 138, s. 8. 

4863. Executors, etc., may exchange bonds, and invest funds 

in. It shall be lawful for any executor, administrator, guardian, 

328 



4863 PUBLIC DEBT— II. N. C. B. B. Bonds. Cli. 107 

trustee, and all persons acting in a fiduciary character, holding any 
of the bonds hereby authorized to be exchanged, to make the exchange 
for the bonds herein authorized to be issued ; and they shall be ab- 
solved from liability or responsibility to any person having any 
interest in such bonds on account of such transfer and exchange ; 
and they shall have the power to invest any trust fund held by them 
in the bonds authorized to be issued, and the same shall be taken 
and regarded in all the courts as a good, legal, and valid investment 
of such trust funds by such fiduciary. 
Code, s. 3596; 1879, c. 138. s. 9. 

4864. Commissioners hold old bonds in trust to secure new 

ones. The said commissioners shall hold all the construction bonds 
and coupons delivered to or purchased by them in trust for the pay- 
ment of the principal and interest on the said new bonds, and shall 
•collect and receive all payments and dividends paid and made on 
said old bonds and coupons so held by them from any person author- 
ized to pay the same ; and said commissioners shall pay the amounts 
thus received to the state treasurer, and they shall be applied by 
him to the payment of the interest on the new bonds issued in pursu- 
ance of this chapter. The said old bonds shall not be cancelled, but 
shall remain in force until the governor shall direct the same to be 
delivered to the state treasurer for cancellation, at which time the 
said bonds shall be cancelled by the state treasurer in the presence of 
the governor ; and they shall certify under their hands the number, 
amount and date of bonds and coupons cancelled by them, which 
certificate shall be safely kept in the office of the state treasurer. 
Code, s. 3597; 1879, c. 138, s. 10. 

4865. Commissioners tO give bond. The commissioners hereby 
authorized to be appointed shall enter into bonds, payable to the 
state, in the penal sum of fifty thousand dollars, with good security, 
to be accepted by the state treasurer, and conditioned for the faith- 
ful performance of their duties, and shall receive as compensation 
for their services a commission of one-half of one per cent, on the 
amount of all bonds purchased by them, to be paid by the person or 
persons from whom the same may be purchased, and shall in no 
case receive any compensation from the state. 

Code, s. 3598; 1879, e. 138, s. 11. 

4866. Vacancies in board, hOW filled. In case of the death, resig- 
nation or removal of the said commissioners, or either of them, the 
governor shall have power to appoint other persons to fill such va- 
cancies. 

Code, s. 3599; 1879, c. 138, s. 12. 

329 



4867 PUBLIC DEBT—///. Issue of 1903. Ch. 10T 

III. Issue of 1903. 

4867. Issued to pay State debt. For the purpose of paying off 
the indebtedness of the state of North Carolina arising out of appro- 
priations heretofore made for educational, charitable and other pur- 
poses, and for the purpose of continuing the good work already com- 
menced for the upbuilding of the state, the state treasurer is hereby 
authorized and directed to issue bonds of the state of North Carolina, 
payable ten years after the first day of January, one thousand 
nine hundred and three, to an amount not to exceed the sum of 
three hundred thousand dollars. 

1903, c. 750. 

4868. Form Of; hOW iSSUed; hOW SOld. The bonds authorized 
and directed to be issued by the preceding section shall be coupon 
bonds of the denominations of one hundred, five hundred and one 
thousand dollars each, as may be determined by said state treasurer, 
and shall be signed by the governor and the state treasurer and 
sealed with the great seal of the state. The coupons thereon may 
be signed by the state treasurer alone, or may have a fac simile of 
his signature printed, engraved or lithographed thereon, and the 
said bonds shall in all other respects be in siich form as the said 
state treasurer may direct; and the coupons thereon shall, after ma- 
turity, be receivable in payment of all taxes, debts, dues, licenses, 
fines and demands due the state of North Carolina of any kind 
whatsoever, which shall be expressed on the face of said bonds. The 
treasurer may, in his discretion, instead of coupon bonds of the 
denominations named, issue as many as one hundred thousand dol- 
lars of registered bonds of the denomination of fifty dollars each as 
part of the amount mentioned in section forty-eight hundred and 
sixty-seven. Before selling the coupon bonds herein authorized to 
be issued, the treasurer shall advertise the sale and invite sealed bids, 
in such manner as in his judgment may seem to be most. effectual to 
secure the best price. He is authorized to accept bids for the entire 
issue, or any portion thereof, and where the conditions are equal, 
he shall give the preference of purchase to the citizens of North Caro- 
lina. And he is authorized to sell the registered bonds herein author- 
ized in such manner as in his judgment will produce the best price. 

1903, c. 750, s. 3. 

4869. Bear interest; when payable. All of said bonds shall bear 

interest at a rate not exceeding four per cent, from the first day of 
January, one thousand nine hundred and three, until paid, which 
said interest shall be payable semi-annually on the first days of Jan- 
uary and July of each and every year so long as any portion of the 
said bonds shall remain due and unpaid. 

1903, e. 750, s. 2. 

330 



4870 PUBLIC DEBT—///. Issue of 1903. Cli. 107 

4870. Exempt from taxation; fiduciaries may invest in. Such 

bonds and coupons shall be exempt from all state, county or munici- 
pal taxation or assessment, direct or indirect, general or special, 
whether imposed for purposes of general revenue or otherwise, and 
the interest paid thereon shall not be subject to taxation as for in- 
come. It shall be lawful for all executors, administrators, guard- 
ians and fiduciaries generally to invest in said bonds. 
1903, e. 750, ss. 4, 5. 

IV. State's Prison Bonds. 

4871. Issued to pay debt Of. For the purpose of paying off the 
indebtedness of the state of North Carolina arising out of the con- 
duct and management of the state's prison, the state treasurer is 
hereby authorized and directed to issue bonds of the state of North 
Carolina, payable ten years after the first day of Jamxary, one thou- 
sand eight hundred and ninety-nine, to the amount of one hundred 
and ten thousand dollars, which shall express upon their face the 
purpose of their issue. 

1899, e. 607, s. 1. 

4872. Issued to purchase farm for. For the purpose of raising 
a fund to purchase such of the state or penitentiary farms now 
leased by the state with options to purchase as the board of directors 
of the state's prison of North Carolina or its executive board may 
decide to purchase, the said state treasurer is hereby authorized and 
directed to issue bonds of the state of North Carolina, payable ten 
years after the first day of January, one thousand eight hundred and 
ninety-nine, to the amount of ninety-five thousand dollars, which 
bonds shall express upon their face the purpose of their issue : Pro- 
vided, that the income arising from the cultivation of said state or 
penitentiary farms or any of them which may be purchased as afore- 
said or so much thereof as may be necessary shall be first applied to 
the payment of the interest coupons as they may become due on the 
bonds issued under the provisions of this section. 

1899, e. 607, s. 2. 

4873. Bear interest at four per cent. All said bonds shall bear 

interest at the rate of four per centum per annum from the first day 
of January, one thousand eight hundred and ninety-nine, until paid, 
which said interest shall be payable semi-annually on the first days 
of January and July of each and every year so long as any portion 
of the principal or interest shall remain due and unpaid. 
1899. c. 607, s. 3. 

4874. Coupon bonds, how executed; how issued. The bonds 

authorized and directed to be issued by the three preceding sections 

331 



I 



4874 PUBLIC DEBT— IV. States Prison Bonds. Oh. 107 

shall be coupon bonds of the denominations of one hundred, five 
hundred and one thousand dollars each, as may be determined by 
the state treasurer, and shall be signed by the governor and state 
treasurer, and shall be sealed with the great seal of the state. The 
coupons thereon may be signed by the state treasurer alone or may 
have a fac simile of his signature printed, engraved or lithographed 
thereon, and the said bonds shall in all other respects be in such form 
as the said state treasurer may direct ; and the coupons thereon shall 
after maturity be receivable in payment of all taxes, debts, dues, 
licenses, fines and demands due the state of North Carolina of any 
kind whatsoever, which shall be expressed on the face of said cou- 
pons. The bonds above provided for shall be issued on the request 
in writing of the executive board of the state's prison of North Caro- 
lina composed of E. L. Travis, W. H. Osborn and W. C. Newland, 
or their successors, and not otherwise. 
1899, c. 607, s. 4. 

4875. Record of, kept; how payable; exempt from taxation. 

The state treasurer, before delivering any of said bonds, shall record 
in a well-bound book an accurate account and descriptive list of the 
said bonds, which shall embrace the date, amount and number thereof 
and the name of the person to whom issued. The said bonds and 
coupons may be made payable to bearer at the option of the pur- 
chaser or purchasers, and they shall be exempt from all taxation 
whatsoever, state, county and municipal, general and special, and 
the same shall be expressed on the face thereof. 
1899, c. 607, ss. 1, 9. 

4876. Separate account Of funds kept. The state treasurer shall 
keep a separate account of all moneys received and disbursed under 
the provisions of this subchapter and include the same in his regular 
annual reports. 

1899, c. 607, s. 8. 



332 



4877 PUBLIC LIBRARIES.— I. State. Ch. 108 

CHAPTER 108. 
PUBLIC LIBRARIES. 

Sections. 
I. State, 4877—4890 

II. Law, 4891—4804 

III. Document, 4895 — 4899 

I. State. 

4877. Location. The state library shall occupy the rooms set 
apart for it in the supreme court building. 

1885, c. 121, s. 7. 

4878. Trustees, duties and powers. The governor, superintend- 
ent of public instruction and secretary of state, and their respective 
successors in office, are appointed trustees of the state and document 
libraries. The board of trustees shall make rules and regulations 
by which the librarian shall be governed for the protection and 
preservation of the books and library ; and may make such distribu- 
tion of the books, reports and publications belonging to the state as 
in the judgment of the board is advisable and proper. 

Code, s. 3612; 1903, cc. 104, 133; 1871-2, c. 169, s. 3. 

4879. Records procured and published. The trustees of the 

state library are directed to procure such of the records of this state, 
or copies of the same, or of other unpublished material illustrative 
of the history of the state down to January first, one thousand seven 
hundred and ninety-one as may be missing from the archives of the 
state, and to publish the same in such number of volumes of suitable 
size as they may deem proper. The trustees of the state library shall 
cause an index of these records, from the first volume of the colonial 
records down to January first, one thousand seven hundred and 
ninety-one, to be prepared and printed in the volume which shall 
embrace the year one thousand seven hundred and eighty-nine. 

Code, ss. 3609, 3610; 1895, c. 464; 1901, c. 632; 1881, c. 88; 1883, pub. res., p. 
619. 

4880. Trustees may sell publications. The trustees of the state 

library are authorized to sell, on such terms as they may deem proper, 
any volume printed under the provisions of this chapter that may 
not be reserved for the use of the public libraries. 

Code, s. 3611; 1881, c. 88, s. 2. 

4881. Colonial records sent to certain states. The board of 

trustees are requested to have forwarded the colonial records of North 

Carolina to such states as may hereafter supply similar documents 

to this state. 

1893, pub. res., p. 489. 

333 



4882 PUBLIC LIBRARIES— I. State. Ch. 108 

4882. Governor to designate documents to be preserved; books 

bound and labeled. The governor shall designate such portions of 
the documents, journals and acts of Congress of the United States as 
he may deem proper to be preserved in the library; may designate 
which of them are to be bound, of such pamphlets, acts and journals 
of the general assembly, and works of periodical literature, laws of 
other states and documents of the general assembly that may be 
added to the library ; and the librarian shall have them bound. And 
all the books belonging to the library, or which may be added thereto, 
shall be labeled in gilt letters with the words "State Library." 

Code, s. 3614; R. C, e. 92, s. 4; 1840, c. 46, s. 6; 1842, e. 68, s. 3. 

4883. Injury to books, penalty for. Any person who shall dam- 
age, deface, or mutilate any book which he may be allowed to with- 
draw from the library, or who shall return any book so damaged, 
defaced, or mutilated while in his possession, shall forfeit and pay 
the full amount of the damage ; which amount shall be determined 
by the librarian, but in no case to exceed double the value of the 
book ; and the penalties and forfeitures accruing under this section 
shall be sued for and recovered by the librarian in the name of the 
state, before any justice of the peace; and shall be added to the 
fund for the increase of the library. 

Code, s. 3615; R. C, c. 92, . s. 5; 1842, c. 68, s. 1. 

4884. Committee to purchase books. The state librarian, super- 
intendent of public instruction, together with three other persons to 
be selected by the trustees, shall constitute a committee to purchase 
books for the state library, and they are to serve without compensa- 
tion in the matter of selecting and buying books. 

1901, c. 503, s. 3. 

4885. Librarian elected quadrennially; bond. A librarian shall be 

elected quadrennially by the trustees of the state library, and shall 
give bond with security in such sum as the said trustees may deter- 
mine, payable to the state of North Carolina, conditioned for the 
safe-keeping of the books, and the faithful discharge of his duties, 
and he shall hold his place till his successor shall be appointed and 
qualified. 

Code, s. 3604; 1895, c. 351; 1903, e. 727; 1870-1, c. 70, s. 1; 1883, c. 216, s. 1. 

4886. Librarian may employ assistant. The state librarian is 

authorized to employ an assistant in his office. 
1901, e. 503, s. 1. 

4887. Librarian to receipt for laws of other states. The state 

librarian is directed to keep a record of the receipts of the published 
laws, reports, documents, etc., from other states and territories re- 

334 



4887 PUBLIC LIBRARIES— I. State. Ch. 108 

ceived by exchange for like documents from this state ; to receipt 
for the same and to distribute them to the different departments to 
which they belong immediately on receipt. All states and territories 
exchanging such documents with this state are requested to forward 
all documents direct to the state librarian. 
1889, c. 535. 

4888. Colored people, separate reading room for. The state 

librarian is directed to fit up and maintain a separate place for the 
use of the colored people who may come to the library for the pur- 
pose of reading books or periodicals. 
1901, e. 503, s. 2. 

4889. Appropriation. The sum of five hundred dollars is annu- 
ally appropriated for the increase of the state library. 

Code, s. 3608; R. C, c. 92, s. 1; 1840, e. 46. 

4890. Open, When. The library shall be kept open during the day 
for such time as the trustees may prescribe ; and from seven to nine 
o'clock each evening, if the necessary expense of keeping the same 
open be voluntarily paid by the citizens of the city of Raleigh. 

Code, s. 3605; 1889, pub. res., p. 530; 1870-1. c. 70, s. 2; 1881, e. 352. 

II. Law. 

4891. Location. The law library shall occupy the rooms set 
apart for it in the supreme court building. 

1885, c. 121, s. 7. 

4892. Trustees; powers and duties. The justices of the supreme 

court are appointed trustees of the law library, and all moneys appro- 
priated for its increase shall be paid out under their direction and 
supervision. The justices aforesaid shall have charge of the law 
library and may, in their discretion, employ a librarian, who shall 
perform his duties under such rules and regulations as may be pre- 
scribed by such trustees. 

Code, s. 3606; 1889, c. 482; 1883, e. 100, ss. 1, 2. 

4893. Open, When. The librarian of the law library shall keep 
it open during such hours as the trustees may prescribe ; and he shall, 
upon application, admit attorneys to the library at night while they 
are in attendance upon the supreme court. 

1889, c. 482. 

4894. Appropriation. The clerk of the supreme court, under the 
direction of the justices of that court, is authorized and directed to 
expend annually the amount paid in by applicants for license to 

335 



4894 PUBLIC LIBEAEIES— II. Law. Ch. 108 

practice law, who are examined by the court, in the purchase of such 
books as may be necessary to keep the law library well appointed, 
and no other appropriation shall be allowed for that purpose. He 
is also allowed the sum of two hundred dollars per annum for bind- 
ing old books and for other contingent expenses. 

Code, s. 3613; res., 1872-3. 

III. Document. 

4895. Location. The document library shall occupy the rooms 
in the capitol formerly occupied by the superintendent of public 
instruction and the state library. 

1887, c. 258, s. 1. 

4896. Librarian. The librarian of the state library shall be the 
custodian of the document library. 

1887, c. 258, s. 3. 

Note. For trustees, see s. 4S78. 

4897. Assistant librarian. The librarian is authorized to em- 
ploy an assistant in the document library during the sessions of the 
general assembly at a cost not exceeding one dollar per day. 

1891, pub. res., p. 652. 

4898. Librarian to procure books. It shall be the duty of the 

librarian to procure two copies each of the laws and journals of the 
general assembly, which shall be furnished to him by the secretary' 
of state, and to arrange them on shelves in chronological order for 
the use of the two houses of the general assembly respectively. 
1887, c. 258, s. 2. 

4899. Open, When. The librarian shall keep the document library 
open during the sessions of the general assembly, in order that mem- 
bers may have access to records, and for use of committees of either 
house. At all other times the doors shall be kept securely locked, 
but the librarian shall, upon application, admit persons who wish 
to examine any of the books and records therein. 

1891, pub. res., p. 652. 



336 



4900 PUBLIC PRINTING. Ch. 109 

CHAPTER 109. 
PUBLIC PRINTING. 

(Sections 4900— 4'JlOb.) 

4900. Contract for state printing and binding. The governor 

and the council of state, commissioner of labor and printing and the 
attorney general shall contract for having all the printing and bind- 
ing done for the state upon the best possible terms for the state ; and 
the commissioner of labor and printing shall superintend the same ; 
but they shall not pay in excess of the following prices: For every 
one thousand ems of plain composition thirty cents ; for every one 
thousand ems of rule and figure work sixty cents ; for every to- 
ken of two hundred and forty impressions of press work twenty 
cents ; for law-sheep binding forty-cents per volume of six hun- 
dred pages ; for half -binding twenty cents per volume of six hundred 
pages ; for every forty-eight pages over six hundred one cent per vol- 
ume. The necessary freight and other expenses to be incurred by 
-accepting any proposition for the public printing shall be taken into 
consideration, so that the work may be done and printed matter de- 
livered for distribution in the city of Raleigh so as not to exceed the 
above prices. All other work shall be classed as job work and shall 
not be charged for at a higher rate than thirty cents per hour for a 
first-class journeyman printer, and eighty cents per thousand impres- 
sions of press work. They shall not be prevented by this section 
from making a contract for less prices than those above prescribed. 
In any contract which they may make, they may fix and determine 
the times for the delivery of the public and private laws, and the 
journals and documents of the general assembly, or any part thereof, 
according to their judgment and discretion. The person with whom 
such contract is made is designated in this chapter as the public 
printer. 

1901, cc. 280, 401, 667; 1893, c. 161. 

4901. When public printer fails to perform contract, what 

done. If any person who has contracted to do the public printing 
for the state shall fail to perform his contract according to the terms 
thereof, the governor, council of state, attorney general and commis- 
sioner of labor and printing shall procure the public printing to be 
done by other parties, and the attorney general shall institute suit 
in the superior court of Wake county in the name of the state to 
recover of the public printer and his bond any damages for failure 
to perform the contract. 

1901, cc. 280, 401, 667; 1899, c. 724. 
R. S. Vol. 11—22 337 



4902 PUBLIC PRIXTIXG. Oh. 109 

4902. Examination of the work; approval and auditing of ac- 
counts. The commissioner of labor and printing, aided by the as- 
sistant commissioner, shall carefully examine all printing and bind- 
ing done for the state, or any department thereof, by the public 
printer, and shall certify that the workmanship of the printing and 
binding is properly executed and that the accounts rendered by the 
public printer for the same are accurate and just before the auditor 
shall issue any warrant for the payment thereof. Such accounts 
shall not be approved by the commissioner nor audited by the state 
auditor oftener than forty-eight times in a year. lie shall also pur- 
chase for the use of the state the paper and stationery used for pub- 
lic printing. 

Code, ss. 3622, 3623; 1899, c. 373, s. 5, c. 622; 1885. c. 331; 1871-2. c. 180, s. 4. 

4904. Binding Of laws. The public and private laws shall be 
bound separately. Some of the volumes shall be bound in sheep 
and the residue in half-binding. The number to be bound in each 
shall be determined by the officials named in section forty-nine hun- 
dred. 

4905. Number of laws and resolutions to be printed. The gov 

ernor, the council of state, the commissioner of labor and printing 
and the attorney general shall have power to determine the number 
of public and private laws and the resolutions to be printed, not to 
exceed, however, the number provided in this chapter. Of the pub- 
lic laws there shall be printed eight thousand and five hundred 
copies, and of the private laws one thousand and fifty copies. All of 
which copies shall be delivered to the secretary of state. 

Code, s. 3632; 1901, c. 401, s. 2; 1897, c. 135; 1893. e. 146, s. 2. 

4906. Number of supreme court reports. Of the supreme court 

reports there shall be printed and bound in full sheep as many copies, 
not less than seven hundred and fifty, as in the opinion of the attor- 
ney general and secretary of state may be sufficient to supply the 
demand. All such copies shall be delivered to the secretary of state. 

Code, s. 3635; 1873-4, c. 34, s. 2; 1876-7, e. 164, s. 2; 1881, c. 104, s. 2, c. 107. 

4907. Number of journals to be printed and bound. Of each the 

senate and house journals there shall be printed four hundred and 
fifty copies in separate volumes, bound in sheep ; all of which copies 
shall be delivered to the secretary of state. 

Code, s. 3636; 1881, c. 16; 1872-3, c. 45, s. 10. 

4908. Journals, prompt preparation and filing of, by clerks. It 

shall be the duty of the principal clerks of the two houses of the 
general assembly to hasten the preparation of their journals for the 
public printer, so that in no case at any time shall the journal of 

338 



4908 PUBLIC PRINTING. Ch. 109 

either house of any one day's proceedings remain unprepared for 
the printer by the clerk for a longer period than six days after its 
approval/ and such clerks shall, immediately after the preparation 
of any and every day's proceedings of their respective houses, send 
the same to the office of the secretary of state. 

Code, ss. 3627, 3628; 1872-3, c. 45, ss. 2, 3. 

4909. Number of public documents. Of the public documents 

there shall be printed of each six hundred and eighty-five copies. 
Seventy copies shall be stitched, when necessary, and shall be deliv- 
ered to the secretary of the senate as soon as printed, for the use of 
the senate; and one hundred and fifty copies, stitched, when neces- 
sary, shall be delivered to the clerk of the house for the use of the 
house. The remaining three hundred and sixty-five copies shall be 
bound in a volume in full sheep and delivered to the secretary of 
state. 

Code, s. 3637; 1901, c. 88; 1881, c. 16; 1872-3, c. 45, s. 11. 

.Note. For number of reports to the general assembly, printed, see s. 4313. 

4910. Bills and other legislative documents, printing of. The 

bills and all other documents ordered to be printed by either branch 
of the general assembly shall be printed in octavo form without a 
title page. But the first page shall be printed as follows : At the 
head of the page there shall be four rules, one double, two single, 
and one parallel, extending across the page. Between said rules 
shall be printed, first, the name of the house where the bill origi- 
nated, with the year and date of the session, the name of the intro- 
ducer, and the name of the printer ; after leaving a space the width 
of two-line pica, a synopsis, or caption of the bill, or report of the 
committee, or whatever it may be, shall be set up with pica capitals. 
After such heading, the said document to follow immediately, com- 
mencing with a paragraph, allowing a space the width of small pica 
between the heading and commencement of the same. 
Code, s. 3644; E. C, c. 93, s. 3. 

4910a. Printing, forms, books and postage. The governor, sec- 
retary of state, auditor, treasurer, superintendent of public instruc- 
tion, attorney general, insurance commissioner and adjutant gen- 
eral may have printed and prepared for their several offices such 
blank-books, blank forms and other necessary printing as may be 
suitable and proper to enable them to discharge their official duties. 
They shall also be allowed all necessary postage and express charges ; 
and the auditor and treasurer shall each have two hundred copies 
of their respective reports printed for the tise of their offices. The 
printing herein authorized, shall be done under contract as is pro- 
vided in section forty-nine hundred. 

Code, s. 3646; 1891, c. 352; 1873-4, c. 174; R. C, e. 93, s. 10. 

339 



4910b PUBLIC PRINTING. Ch. 109 

4910b. Printing for State Offices. The governor, secretary of 
state, auditor, treasurer, superintendent of public instruction, attor- 
ney general, corporation commission, insurance commissioner, su- 
preme covirt and adjutant general, may have printed and prepared 
for their several offices such blank-books, blank forms and other nec- 
essary printing as may be suitable and proper to enable them to dis- 
charge their official duties ; they shall also be allowed all necessary 
postage and express charges. The printing herein authorized shall 
be done by the public printer according to the rates prescribed by 
law; and charges for all other items shall be approved by the com- 
missioner of labor and printing. 

Code, s. 3646; E. C, c. 93, s. 10; 1873-4, c. 174. 



Note. For duties of the secretary of state in connection with the printing and 
distribution of state publications, see State Officers. 

For duties of the Commissioner of Labor and Printing, see chapter 89. 



CHAPTER 110. 

REVENUE. 

[The commissioners to compile the public laws have deemed it an 
unnecessary expense to publish in this legislative edition of the Re- 
vised Statutes the existing revenue and machinery acts. Those en- 
acted by the legislature of 1905 can be inserted under this chapter 
heading.] 



CHAPTER 111. 
SOLDIERS' HOME. 

(Sections 4911—4916.) 

4911. Association incorporated. The persons now composing and 
constituting the corporation, created by chapter sixty of the private 
laws of one thousand eight hundred and ninety-one, together with 
their successors shall be and remain a body politic and corporate, un- 
der the name and style of The Soldiers' Home Association, and by 
that name may sue and be sued, purchase, hold and sell real and 
personal property and have all of the powers of a charitable corpora- 
tion under the law, enabling them to establish, maintain and govern 
a home for such deserving, needy Confederate soldiers as shall have 

340 



4911 • SOLDIERS' HOME. Ch. Ill 

served in any North Carolina command during the late war, or who 
shall have served in the Confederate army and shall be a bona fide 
citizen of the state. The corporation shall have power to buy, lease 
or acquire real estate for the purposes of its incorporation, may 
solicit and receive donations in money or property, may invest its 
funds to constitute an endowment fund and shall have a corporarc 
existence of sixty years. It shall also have the power to solicit 
and receive donations for the purpose of aiding indigent Confeder- 
ate soldiers at their homes in the various counties of North Carolina, 
and shall have all powers necessary to this end. 
1891 (Pr.), c. 60. 

4912. How directors appointed; powers of officers of. The 

powers conferred by this chapter shall be exercised by a board o£ 
directors consisting of seven members, of whom three shall be elected 
by the association and four shall be appointed by the governor of 
the state annually, and in case of a failure to elect or appoint, the 
members of the board shall hold their offices until their successors 
shall be elected or appointed. The board of directors shall elect 
from their number a president, and a secretary who shall not be 
from their number, and the treasiirer of North Carolina shall be 
the treasurer of the association. The board of directors shall appoint 
such other officers, agents or employees as it shall see fit, and shall 
prescribe the duties of such officers and employees. It shall estab- 
lish rules and regulations for the maintenance and government of 
the home, and shall have entire control and management of it; it 
shall prescribe the rules for the admission of inmates and their dis- 
charge ; it shall take whatever action may be desirable in reference 
to the collection and disbursement of subscriptions either to the 
home or to the needy veterans elsewhere in the state. The accounts 
of its officers and employees shall be duly audited and published. 

1891 (Pr.), c. 60, s. 2. 

4913. Lady managers appointed. The board of directors at then- 
first meeting in each year shall appoint an advisory board of lady 
managers, consisting of one member from each congressional dis- 
trict, whose term of office shall be prescribed by the board. The lady 
managers shall assist the directors in the management of the home as 
they may be requested to do, shall solicit contributions for the home 
and generally shall tise all the powers given to and perform all the 
duties required of them by the board of directors, who are hereby 
empowered to prescribe such duties and confer such powers. 

1891 (Pr), c. 60, s. 3. 

4914. Site Of home. The tract of land lying east of and near the 
corporate limits of the city of Raleigh, known as Camp Russell, and 

341 



4914 SOLDTEES' HOME. Ok 111 

formerly known as "Pettigrew Hospital," the property of the state, 
shall be and the same is hereby given to the association, to be held 
and used by them for the purposes of a soldier's home, and for no 
other purpose, and when said land shall cease to be used for the 
benefit of the Confederate veterans the same shall revert and belong 
to the state. But if the board of directors shall deem it advisable 
to establish the home elsewhere, they shall have the power, by and 
with the consent of the council of state of North Carolina, to sell 
the said tract and reinvest in some other lot or tract of land, the 
title to which shall be taken in the name of the state, and which shall 
be held under the trust mentioned above. 
1891 (Pr.), e. 60, s. 4. 

4915. Record Of inmates kept. The directors shall cause to be 
kept a minute book of the home, in which full entries shall be kept 
concerning memorable incidents in the lives of its inmates. They 
shall also take steps to form a museum of Confederate relics and to 
perpetuate such historical records of the Confederate soldiers of 
North Carolina as they shall find it practicable to do. 

1891 (Pr.), e. 60, s. 6. 

4916. Appropriation for. To aid in the maintenance of the sol- 
diers' home and the support of its inmates, the sum of eight thou- 
sand and five hundred dollars per annum is appropriated, which 
shall be paid quarterly out of any money in the treasury of North 
Carolina not otherwise appropriated. This appropriation shall be 
paid to the treasurer of the soldiers' home association, to be by 
him disbursed nnder the order of its board of directors. 

1895, e. 290. 



CHAPTER 112. 
STATE BOUNDARIES. 

(Sections 4917—4921.) 

4917. Governor may appoint commissioners to re-run. The 

governor of North Carolina is hereby authorized to appoint two 
competent commissioners and a surveyor and a sufficient number of 
chainbearers, on the part of the state of North Carolina, to act 
with the commissioners or surveyors appointed or to be appointed 
by any of the contiguous states of Virginia, Tennessee, South Caro- 
lina and Georgia, to re-run and re-mark, by some permanent monu- 

342 



4917 STATE BOUNDAKIES. Ch. 112 

ments at convenient intervals, not greater than five miles, the bound- 
ary lines between this state and any of the said states. 

Code, s. 2289; 1889, c. 475, s. 1; 1881, e. 347, s. 1. 

4918. Expense, When and hOW paid. When the line has been re- 
run and re-marked as above provided between this state and any 
of the contiguous states or such portion of said lines as shall be mu- 
tually agreed by the ' commissioners, the governor is authorized to 
issue his warrant upon the state treasurer for such portion of the 
expenses as shall fall to the share of this state. 

Code, s. 2290; 1889, c. 475, s. 2; 1881, c. 347, s. 2. 

4919. When and who may appoint arbitrators. If any disagree- 
ment shall arise between the commissioners the governor of this state 
is hereby authorized to appoint arbitrators to act with similar offi- 
cers to be appointed by the other states in the settlement of the exact 
boundary. 

Code, s. 2291; 1889, c. 475, s. 3; 1881, e. 347, s. 3. 

4920. When report made to general assembly. In case of any 

serious disagreement and inability on the part of the said arbitrators 
to agree upon said boundary, such fact shall be reported by the gov- 
ernor to the next general assembly for their action. 

Code, s. 2292; 1889, c. 475, s. 4; 1881, c. 347, s. 4. 

4921. Survey, hOW approved tO be effective. When the com- 
missioners shall have completed the survey, or so much as shall be 
necessary, they shall report the same to the governor, who shall lay 
the same before the council of state ; and when the governor and 
the council of state shall have approved the same the governor shall 
issue his proclamation, declaring said lines to be the true boundary 
line or lines, and the same shall be the true boundary line or lines 
between this and the states above referred to. 

Code, s. 2293; 1889, e. 475, s. 5; 1881, c. 347, s. 5. 



CHAPTEE 113. 
STATE FLAG, ETC. 

( Sections 4922—4924. ) 

4922. Motto. The words "esse quam videri" are hereby adopted 
as the motto of this state, and as such shall be engraved on the great 
seal of North Carolina and likewise at the foot of the coat-of-arms 

343 



4922 STATE FLAG, ETC. Ch. 113 

of the state as a part thereof. On the coat-of-arms, in addition to 
the motto, at the bottom, there shall be inscribed at the top the words, 
"May 20th, 1775." 

1893, c. 145. 

Note. For great seal and coat-of-arms, see State Officers, subchapter Governor. 

4923. State flag. The flag of North Carolina shall consist of a 
bine union, containing in the centre thereof a white star with the 
letter "W in gilt on the left and the letter "C" in gilt on the right of 
said star, the circle containing the same to be one-third the width 
of said union. The fly of the flag shall consist of two equally pro- 
portioned bars, the upper bar to be red, the lower bar tp be white ; 
the length of the bars horizontally shall be equal to the perpen- 
dicular length of the union, and the total length of the flag shall be 
one-third more than its width. Above the star in the centre of the 
union there shall be a gilt scroll in semi-circular form, containing 
in black letters this inscription: "May 20th, 1775," and below the 
star there shall be a similar scroll containing in black letters the 
inscription: "April 12th, 1776." 

1885, c. 291. 

4924. Guilford battle-ground. Whereas, the legislature of North 
Carolina, at its session of one thousand eight hundred and eighty- 
seven, ratified an act entitled "An act to incorporate the Guilford 
Battle-ground Company," for the laudable and patriotic purpose of 
redeeming the grounds on which that memorable battle for the cause 
of liberty and independence was fought between the American forces 
and the English invaders, March the fifteenth, one thousand seven 
hundred and eighty-one ; and whereas, the said company, by their 
individual exertions, energies and personal liberality, have raised 
about three thousand dollars, with which they have purchased seventy 
acres of land embracing the battlefield, and have erected thereon a 
keeper's lodge and a handsome cottage, and marked the field by a 
pyramid of granite blocks, beautified and adorned two fine springs 
on the property, erected two monuments in memory of the fallen he- 
roes of this battle, and cleared and ornamented the grounds by a 
considerable expenditure of money, and collected a most valuable 
and interesting museum of relics from the battlefield, and bave col- 
lected and published many new and interesting historical facts vin- 
dicating the good name of the North Carolina militia, who have 
been traduced by partisan writers of history ; and whereas, the Guil- 
ford Battle-ground Company has expended every dollar of its 
money for these patriotic purposes, and is unable to raise any more 
funds to keep the grounds in order hereafter ; and whereas, the state 
of North Carolina is in full sympathy with the worthy objects which 
said company has in view, and has heretofore shown her interest in 

344 



4924 STATE FLAG, ETC. Ch. 113 

preserving the memory of the heroic dead, who gave birth to this 
mighty nation, by contributing liberally to the erection of a monu- 
ment at Kings Mountain, where North Carolina organized and 
achieved a splendid victory over our oppressors, and by erecting a 
monument to the memory of Governor Caswell, the heroic executive 
of our state in its struggle for independence : Therefore, the sum of 
five hundred dollars, annually, is hereby appropriated, to be paid 
by the treasurer to the president of the Guilford Battle-ground Com- 
pany, for the purpose of preserving, improving and protecting the 
battlefield of Guilford Court House. 

1889, c. 549; 1893, cc. 72, 522. 



CHAPTER 114. 
STATE OFFICERS. 

Sections. 
I. Classification. 4925 — 4927 

IT. Executive officers, 4930 

III. The governor, 4931—4944 

IV. Secretary of state, 4945—4967 
V. Auditor, 4968—4972 

VI. Treasurer, 4973 — 4983 

VII. Attorney-general, 4984 

VIII. Solicitor, .■ 4985—4986 

I. Classification. 

4925. Public state officials classified. The public officers of the 

state are legislative, executive, and judicial. But this classification 
shall not be construed as defining the legal powers of either class. 
Code, s. 3317; 1868-9, c. 270, ss. 1, 2. 

4926. Legislative Officers. The legislative officers are: 

1. Fifty senators; 

2. One hundred and twenty members of the house of representa- 
tives ; 

3. A speaker of the house of representatives. 

4. A clerk and assistants in each house ; 

5. A doorkeeper and assistants in each house ; 

6. As many subordinates in each house as may be deemed nec- 
essary. 

Code, s. 3318; 1868-9, c. 270, s. 3. 

4927. Executive officers, civil and military. Executive officers 

are either : 
1. Civil. 

345 



4927 STATE OFFICERS—/. Classification. Oh. 114 

2. Military. 
Civil executive officers are : 

1. General, or for the whole state. 

2. Special, or for special duties in different parts of the state. 

3. Local, or for a particular part of the state. 

The general civil executive officers of this state are as follows : 

1. A governor. 

2. A lieutenant governor. 

3. Private secretary for the governor. 

4. A secretary of state. 

5. An auditor. 

6. A treasurer. 

7. An attorney general. 

8. A superintendent of public instruction. 

9. The members of the governor's council. 

10. A commissioner of agriculture. 

11. A commissioner of labor and printing. 

12. An insurance commissioner. 

Code, s. 3319; 1868-9, c. 270, ss. 24, 25, 26; 1899, c. 373, c. 54, ss. 3, 4; 1901, 
c. 479, s. 4. 

II. Executive Officers. 

4930. Election; commencement and duration of term of office; 

induction into Office. The executive department shall consist of a 
governor, a lieutenant governor, a secretary of state, an auditor, a 
treasurer, a superintendent of public instruction, and an attorney gen- 
eral, who shall be elected for a term of four years by the qualified 
electors of the state, at the same time and places and in the same 
manner as members of the general assembly are elected. Their 
term of office shall commence on the first day of January next after 
their election and continue until their successors are elected and 
qualified. 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 pres- 
ence of a majority of the members of both houses of the general 
assembly. The persons having the highest number of votes respect- 
ively shall be declared duly elected ; but if two or more be equal 
and highest in votes for the same office, then one of them shall be 
chosen by joint ballot of both houses of the general assembly. 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. On the first Tuesday, after the convening of the general as- 
sembly, following the election of any or all state officers, of the execu- 
tive department, and of the commissioner of agriculture and the 

346 



4930 STATE OFFICERS—//. Executive Officers. Ch. 114 

commissioner of labor and printing, there shall be a joint session 
of the house of representatives and senate in the hall of the house of 
representatives, at eleven o'clock in the forenoon, when and where 
the speaker of the house of representatives shall proceed, in compli- 
ance with the provisions of the constitution above set forth, to open 
and publish the vote for governor and other officers of the executive 
department and for the commissioner of agriculture and the com- 
missioner of labor and printing cast at the last preceding election, 
and as soon as the result of the election shall be ascertained and pub- 
lished, as provided in this section, the person so ascertained and pub- 
lished to be elected governor at such election shall, in the presence 
of the joint session of the two houses of the general assembly, held 
as herein provided, take the oath of office prescribed by law and be 
immediately inducted into the office of governor. Should the gov- 
ernor-elect not be present at such joint session, then he may, as soon 
thereafter as he may deem proper, take the oath of office before some 
justice of the supreme or judge of the superior court and be inducted 
into office. As soon as the result of such election as to other officers 
of the executive department named in article three, section one, of the 
constitution, and as to the commissioner of agriculture and the com- 
missioner of labor and printing, shall be ascertained and published as 
provided herein, the officers elected to such offices shall, as soon as 
may be, take the oath of office prescribed by law for such officers and 
be inducted into the offices to which they have been elected. 

Const., Art. Ill, ss. 1, 3; 1897, c. 1, ss. 1, 2, 3. 

III. The Governor. 

4931. Must reside in Raleigh; dwelling, fuel, lights and water 

Supplied. The governor shall reside in the city of Raleigh during 
his continuance in office. A convenient and commodious furnished 
dwelling-house, supplied with necesssary lights, fuel and water, shall 
be provided for his accommodation. 

Code, ss. 3325, 3326; 1868-9, c. 270, ss. 32, 33; 1885, c. 244. 

4932. His powers and duties. In addition to those prescribed by 
the constitution, the governor has the powers and duties prescribed 
in this and the following sections : 

1. He is to supervise the official conduct of all executive and 
ministerial officers. 

2. He is to see that all offices are filled, and the duties thereof 
performed, or in default thereof apply such remedy as the law allows, 
and if the remedy is imperfect acquaint the general assembly there- 
with. 

3. He is to make the appointments and supply the vacancies not 
otherwise provided for in all departments. 

347 



4932 STATE OFFICEBS— III. The Governor. Ch. 114 

4. He is the sole official organ between the government of this 
state and other states, or the government of the United States. 

5. He has the custody of the great seal of the state. 

6. If he be apprised by the affidavits of two responsible citizens 
of the state that there is imminent danger that the statute of this 
state forbidding prize-fighting is about to be violated, he shall use, 
as far as necessary, the civil and military power of the state to pre- 
vent it, and to have the offenders arrested and bound to keep the 
peace. 

Code, s. 3320; 1868-9, c. 270, s. 27; 1870-1, e. Ill; 1883, c. 71; 1895, c. 28, s. 5. 

4933. May Convene Council Of State. The governor may convene 
his council for consultation, whenever he may deem it proper. 

Code, s. 3335; 1868-9, c. 270, s. 40. 

4934. Private secretary to; official correspondence preserved; 
books produced before general assembly. The governor shall ap- 
point a private secretary, who shall enter in books kept for that pur- 
pose all such letters, written by and to the governor, as are official 
and important, and such other letters as the governor shall think 
necessary. Such books shall be deposited in the office of the execu- 
tive by the private secretary, and there carefully preserved, and the 
governor shall produce the same before the general assembly when- 
ever requested. 

Code, ss. 3326, 3327; 1868-9, c. 270, ss. 33, 34. 

4935. Records kept; certain original applications preserved. 

The governor shall cause to be kept the following records : 

1. A register of all applications for pardon, or for commutation 
of any sentence, with a list of the official signatures and recommenda- 
tions in favor of snch application. 

2. An account of all his official expenses and disbursements, in- 
cluding the incidental expenses of his department, and the rewards 
offered by him for the apprehension of criminals, which shall be 
jiaid upon the warrant of the auditor. 

These records and the originals of all applications, petitions and 
recommendations, and reports therein mentioned, shall be preserved 
in the office of the governor, but when applications for offices are re- 
fused he may, in his discretion, return the papers referring to the 
application. 

Code, ss. 3322, 3323; 1870-1. e. Ill : 1868-9, c. 270, ss. 29, 30. 

4936. May employ Counsel. Whenever any suit or legal pro- 
ceeding is pending against the state, or which may result in any 
claim against the state, or affect the title of this state to any prop- 
erty, he may direct the attorney general to appear on behalf of the 

348 



4936 STATE OFFICEKS— III. The Governor. Ch. 114 

state, and may employ such additional counsel as lie may judge ex- 
pedient. In case the attorney general shall state to the governor 
that it is impracticable for him to render legal services to any state 
institution, including the state's prison, the governor may, if he deem 
it necessary, employ such counsel as in his judgment should be em- 
ployed; and no institution supported in whole or in part by the 
state shall employ any counsel except by the consent and approval of 
the governor. In every case, civil or criminal, in any court in the 
state, or in any other state or territory, or in any United States court, 
in which the state of JSTorth Carolina is interested, the governor may 
employ such counsel as he may deem proper or necessary to represent 
the interest of the state. In all cases in which the governor is au- 
thorized to employ counsel he may direct the auditor to draw his 
warrant upon the treasurer to compensate such counsel. 

Code, ss. 3320, 3324; 1870-1, c. Ill; 1883, c. 71; 1868-9, e. 270, s. 6; 1873-4, 
c. 160, s. 2; 1901, c. 744. 

4937. Appoints a day Of thanksgiving. The governor is di- 
rected to set apart a day in every year, and by pioclamation give 
notice thereof, as a day of solemn and public thanksgiving to Al- 
mighty God for past blessings and of supplication for His continued 
kindness and care over \is as a state and a nation. 

Code, s. 3334; 1868-9, c. 270, s. 39. 

4938. Applications for pardon; regulations as to. Every ap- 
plication for pardon must be made to the governor in writing, signed 
by the party convicted, or by some person in his behalf. And every 
such application shall contain the grounds and reasons upon which 
the executive pardon is asked, and shall be in every case accompanied 
by a certified copy of the. indictment, and the verdict and judgment 
of the court thereon. 

Code, s. 3336; 1869-70, c. 171; 1870-1, c. 61. 

4939. Puts seal to papers a second time, when. In all cases 

where any person may find it necessary to have the great seal of the 
state put again to any public paper, other than a grant for lands, 
he may prefer his petition to the governor and council, who shall, 
if they deem the same proper, direct the seal to be put thereto. 
Code, s. 3333; 1868-9, c. 270, s. 38. 

4940. Keeper of great seal of state; design. The governor shall 

procure for the state a seal, which shall be called the great seal of the 
state of North Carolina, and shall be two and one-quarter inches in 
diameter, and its design shall be a representation of the figures of 
Liberty and Plenty, looking toward each other, but not more than 
half fronting each other and otherwise disposed, as follows : Liberty, 

349 



4940 STATE OFFICEES— III. The Governor. Ch. 114 

the first figure, standing, her pole with cap on it in her left hand 
and a scroll with the word "Constitution" inscribed thereon in her 
right hand. Plenty, the second figure, sitting down, her right arm 
half extended towards Liberty, three heads of wheat in her right 
hand, and in her left, the small end of her horn, the mouth of which 
is resting at her feet, and the contents of the horn rolling out; there 
shall also be inserted thereon the words "esse quam videri." It 
shall be the duty of the governor to file in the office of secretary of 
state an impression of the great seal, certified to under his hand and 
attested by the secretary of state, which impression so certified the 
secretary of state shall carefully preserve among the records of his 
office. 

Code, ss. 3328, 3329; 1868-9, c. 270, s. 35; 1883, c. 392; 1893, c. 145. 

4941. Procures seals for each department and courts of 

record. The governor shall also procure a seal for each department 
of the state government to be used for attesting and authenticating 
grants, proclamations, commissions and other public acts, in such 
manner as may be directed by law and the usage established in the 
public offices ; also a seal for every court of record in the state, for the 
purpose of authenticating the papers and records of such court. All 
such seals shall be delivered to the proper officers, who shall give a re- 
ceipt therefor and be accountable for their safe-keeping. 

Code, ss. 3328, 3332; 1868-9, e. 270, ss. 35, 37; 1883, c. 71. 

4942. Seal Of department Of State. The seal of the department 
of state shall be two inches in diameter and shall be of the same de- 
sign as the great seal of the state, with the words "State of North 
Carolina, Department of State," surrounding the figures. 

Code, s. 3330; 1883, c. 238. 

4943. Provides new seals when necessary. Whenever the great 

seal of the state, the seal of any department or any seal of a court of 
record shall be lost, or so worn or defaced as to render it unfit for 
use, the governor shall provide a new one, and when new seals are 
provided, the former ones shall not be used. 

Code, s. 3331; 1868-9, e. 270, s. 36. 

4944. Seals; hOW paid for. The treasurer shall pay the expense 
of procuring all seals provided for in this chapter upon the warrant 
of the auditor. 

Code, s. 3332; 1868-9, c. 270, s. 37; 1883, c. 71. 

IV. Secretary of State. 

4945. Office and Office hours. The secretary of state shall at- 
tend at his office, in the city of Raleigh, between the hours of ten 

350 



4945 STATE OFFICEBS— IV. Secretary of State. Oh. 114 

o'clock a. m., and three o'clock p. in., on every day of the year, Sun- 
days and legal holidays excepted. 

Code, s. 3339; 1868-9, c. 270, s. 44; 1870-1, c. 111. 

4946. Duties Of. It is the duty of the secretary of state: 

1: To attend at every session of the legislature for the purpose 
of receiving bills which shall have become laws, and to perforin such 
other duties as may then be devolved upon him by resolution of the 
two houses, or either of them. 

2. To attend the governor, whenever required by him, for the 
purpose of receiving documents which have passed the great seal. 

3. To receive and keep all conveyances and mortgages belonging 
to the state. 

4. To distribute annually the statutes, the legislative journals and 
documents, and the reports of the supreme court. 

5. To distribute the acts of congress received at his office in the 
manner prescribed for the statutes of the state. 

6. To keep a receipt book, in which he shall take from every per- 
son to whom a grant shall be delivered a receipt for the same ; but 
he may inclose grants by mail in a registered letter at the expense of 
the grantee, unless otherwise directed, first entering the same upon 
the receipt book. 

Code, s. 3340; 1868-9, c. 270, s. 45; 1881, c. 63. 

4947. Purchases stationery and fuel. The secretary of state 

shall purchase suitable stationery for the general assembly, the su- 
preme court and state library upon the best terms the same can be 
procured. And he shall contract with the lowest bidder, under sealed 
proposals, for the necessary fuel for the general assembly, the public 
offices and the governor's dwelling. 

Code, s. 3341; R. C, c. 104, s. 6; 1842, cc. 48, 68; 1873-4, c. 129. 

4949. Custodian of statutes, records, deeds, etc. The secretary 

of state is charged with the custody of all statutes and joint resolu- 
tions of the legislature, all documents which pass under the great 
seal, and of all the books, records, deeds, parchments, maps and 
papers now deposited in his office, or which may hereafter be there 
deposited pursuant to law, and he shall from time to time make all 
necessary provisions for their arrangement and preservation. 

Code, s. 3337; R. C, e. 104, s. 105; 1868-9, c. 270, s. 41; 1873-4, e. 129. 

4950. Binding original statutes, resolutions and documents. 

The original statutes and joint resolutions passed at each session of 
the general assembly, the secretary of state shall immediately there- 
after cause to be bound in volumes of convenient size. Each such 
volume shall be lettered on the back with its title and the date of its 
session. 

Code, s. 3343; 1866-7, c. 71; 1868-9, c. 270, s. 46. 

351 



4953 STATE OFFICERS— IF. Secretary of State. Oh. 114 

4953. Public and private laws distinguished. The secretary of 

state shall determine which are public and which are private laws 
and resolutions, and it shall be his duty at the time of making the 
marginal notes to mark on the upper right hand corner of each act 
and resolution the word "public" or "private," and bills thus marked 
shall not be mixed by the printer in the volume or volumes printed. 

Code, s. 3631; 1872-3, c. 45, ss. 6, 7. 

Note. For other duties of the secretary of state in regard to publishing laws, 
see ss. 4324, 4327. 

4954. Supplies department of general government and libra- 
ries With laws. The secretary of state shall supply and transmit to 
the different departments of the general government and the New 
York Historical Society copies of the acts, both private and pub- 
lic, and the public documents and journals of the general assem- 
bly, and with the reports of the supreme court of this state. 

Code, ss. 3601, 3603, 3344; 1885, c. 382; R. C, e. 91, s. 2; 1868-9, c. 270, s. 48. 

4955. Transmits copies of statutes and reports to other states. 

The secretary of state, as soon as published, shall transmit, at the 
expense of this state, to the executive of every state and territory in 
the Union, one copy of the statutes of each year, and of the reports 
of the supreme court, and request a similar transmission to be made 
to him of the statutes and reports of the higher courts of the several 
states and territories. "When the statutes of any state or territory 
are received, he shall deposit one copy in the executive library, but in 
case only one copy is received it shall be deposited in the supreme 
court library. 

Code, ss. 3321, 3344; 1868-9, e. 270, ss. 28, 48. 

4956. Furnishes copies of laws, etc., to certain institutions of 

learning. The secretary of state, upon application made by any char- 
tered institution of learning in this state, for which provision is not 
elsewhere made in this subchapter, having a library of not less than 
five thousand volumes, shall furnish and transmit to each of snch 
institutions, to be kept in its library, a copy of all future current su- 
preme court reports, public and private acts of the general assembly 
and journals of both houses and public documents, whenever the same 
shall be ready for distribution. He shall also furnish to each of 
such institutions, if he have them on hand, or when reprinted or 
otherwise obtained, one volume each of such of the supreme court 
reports as have not been heretofore furnished. 
Code, s. 3619; 1881, c. 277; 1889, c. 249. 

4957. Distributes public and private laws; how. The secretary 

of state shall distribute copies of the public and private laws, as fol- 
lows : To the governor, lieutenant governor, treasurer, secretary of 

352 



4957 STATE OFFICEKS— IT. Secretary of State. Ch. 114 

state, auditor, superintendent of public instruction, attorney general, 
commissioner of agriculture, commissioner of labor and printing, in- 
surance commissioner, superintendents of the several state hospitals 
for the insane, and of the several institutions for the deaf, dumb and 
the blind, and of the state's prison, and to the North Carolina college 
of agriculture and mechanic arts, and to the several justices of the 
supreme court, judges of the superior courts and the judges of the 
United States courts, the several solicitors and United States district 
attorneys, the clerks of the superior and federal courts, the sheriffs of 
the several counties, the several registers of deeds, members and clerks 
of the general assembly, and county commissioners, one copy each ; 
to the state library, two copies ; to the library of the university, 
three copies ; to the supreme court library, eleven copies ; to the 
library of the supreme court of the United States, one copy;> to the 
several states and territories of the Union, including the District of 
Columbia, and to the Dominion of Canada, to the provinces of Can- 
ada, and Australia and to New Zealand, one copy each, and two copies 
to be deposited in the offices of each department of the state govern- 
ment ; to the several justices of the peace, one copy of the public laws 
only. 

Code, s. 3G32; 1903, c. 801; 1901, c. 401, s. 2; 1901, c. 88; 1897, c. 135; 1893, 
c. 146, s. 2; 1891, c. 471; 1885, e. 82; 1881, c. 107; 1879, e. 271,; 1872-3, c. 45,, 
ss. 7, 8; 1870-1, e. Ill, s. 2; R. C, c. 93, ss. 8, 19. 

4958. Distributes journals, how. The senate and house journals 
shall be distributed by the secretary of state, as follows : One each 
to the governor, lieutenant governor, secretary of state, auditor, treas- 
urer, attorney general, superintendent of public instruction, commis- 
sioner of agriculture, commissioner of labor and printing, insurance 
commissioner, the North Carolina college of agriculture and me- 
chanic arts ; each senator and representative, principal, assistant, 
engrossing clerks, the several registers of deeds and clerks of the 
superior court ; to the state library, twenty copies ; to the library of 
the university, three copies. 

Code, s. 3636; 1901, c. 88; 1903, e. 5; 1881, c. 16; 1872-3, e. 45, s. 10. 

4959. Distributes public documents, how. Of the public docu- 
ments, seventy copies shall be delivered by the secretary of state to 
the secretary of the senate, as soon as printed, for the use of the 
senate, and one hundred and fifty to the clerk of the house for the 
use of the house, and the residue,- three hundred and sixty-five copies, 
shall be distributed as follows : To the governor, lieutenant governor, 
treasurer, attorney general, secretary of state, auditor, superintendent 
of public instruction, commissioner of agriculture, commissioner of 
labor and printing, insurance commissioner, each clerk of the su- 
perior court, the superintendent of the several state hospitals for the 

R. S. Vol. 11—23 353 



4959 STATE OFFICERS— IV. Secretary of State. Ch. 114 

insane, of the several institutions for the deaf dumb and the blind, 
and of the state's prison, to the North Carolina college of agricul- 
ture and mechanic arts, each representative and senator, and each 
judge of the supreme and superior courts, one copy each ; to the 
state library, ten copies ; to the senate library, ten copies ; to the 
house library, twelve copies ; to the supreme court library, five copies ; 
to the library of the university, three copies. 

Code, s. 3637; 1901, c. 88: 1881, c. 16; 1872-3. c. 45. s. 11. 

4960. Prompt distribution of laws, reports, journals and docu- 
ments. The secretary of state, immediately upon the receipt of the 
first bound copies of the laws and reports, shall transmit the same 
by mail, one each to the justices of the supreme court, and the judges, 
solicitors and clerks of the superior court, and may then, in his discre- 
tion, expose for sale a limited number of each. The residue of the 
laws, reports, documents and journals, as soon as they are delivered to 
the secretary of state, shall be transmitted and distributed by him 
according to this chapter, by express or otherwise, as he may deem 
best. 

Code, ss. 3640, 3641 ; 1872-3, c. 45, ss. 14, 15. 

4961. Supreme court reports, distribution of. The supreme 

court reports shall be distributed by the secretary of state as follows : 
To the governor, lieutenant governor, attorney general, treasurer, 
secretary of state, auditor, superintendent of public instruction, com- 
missioner of labor and printing, commissioner of agriculture, and 
insurance commissioner, the justices of the supreme court and judges 
of the superior courts, the judges of the federal courts residing in the 
state, the clerks of the supreme and superior courts, and of the United 
States courts for North Carolina, one copy each ; to the supreme court 
library, twelve copies ; to the state library, two copies ; to the library 
of the supreme court of the United States, one copy ; to the library 
of the university and to the library of Wake Forest and Trinity col- 
leges, three copies ; to each state and territory in the Union, includ- 
ing the District of Columbia, one copy ; and to the dominion of Can- 
ada, to the provinces of Canada, and Australia, and to New Zealand, 
one copy each, and one copy each to such courts in foreign states as 
the supreme court may direct. 

Code, s. 3635; 1899, cc. 37, 667; 1891. e. 471; 1903. c. 689; 1885, c. 82; 1881, 
c. 107; 1881, c. 104, s. 2; 1876-7, c. 164, s. 2; 1873-4, c. 34, s. 2. 

4962. Transmission of laws, etc., for use of counties and mem- 
bers Of the general assembly. The statutes, journals and docu- 
ments for the use of each county, and for members of the general 
assembly and other officers therein shall be transmitted to the clerk 
of the court of each county in such manner as the secretary of state 

354 



4962 STATE OFFICERS— IV. Secretary of State. Ch. 114 

may think best; the statutes to be transmitted as soon as practicable 
after adjournment of the general assembly. 

Code, s. 3344; 1868-9, c. 270. s. 48. 

4963. Expenses of transmitting publications. The transmission 

of all publications directed by this subchapter to be distributed shall 
be at the expense of the state. 

Code, s. 3344; 1868-9, c. 270, s. 48. 

4964. Sale of laws, journals and documents. Such laws, jour- 
nals and documents as may be printed under the provisions of this 
chapter in excess of the number directed to be distributed, the secre- 
tary of state may sell at such price as he deems reasonable, not ex- 
ceeding one dollar and fifty cents for full bound copies of the public 
laws ; and he shall pay the proceeds into the treasury. In his annual 
report he shall give an account of the number sold and the number 
on hand. He may sell such number of copies of the journals and 
public documents as the general assembly may by joint resolution 
direct at a price not exceeding ten per centum in advance of the cost. 

Code, ss. 3642, 3344; 1881, c. 104; 1872-3. c. 45. s. 16; 1868-9, c. 270, s. 48. 

4965. Supreme court reports, reprints of. The secretary of 

state is authorized and directed to have such of the reports of the 
supreme court of the state of ISTorth Carolina as he has not on hand 
for sale republished and numbered consecutively, retaining the pres- 
ent numbers and names of the reporters, and by means of star pages 
in the margin, retaining the original number of pages. Kot more 
than five volumes of such reports shall be republished in one year. 
The editions shall be not less than five hundred copies of each vol- 
ume. The secretary of state is authorized and directed to contract 
for the printing and binding of such supreme court reports on such 
terms as he may deem satisfactory and reasonable, and the state 
treasurer is hereby authorized and directed to pay over to the secre- 
tary of state, annually, all moneys arising from the sales of the su- 
preme court reports, or so much thereof as is necessary to be ex- 
pended in carrying out the provisions of this section. Such republi- 
cation shall thus continue until the state shall have for sale all of 
such reports, and thereafter when the editions of any number or 
volume of the supreme court reports shall be exhausted, it shall be 
the duty of the secretary of state to have the same reprinted under 
the provisions of this section. 

Code, s. 3634; 1885, e. 309; 1889, c. 473, ss. 1, 2, 3, 4, 6. 

4966. Supreme COUrt reports, Sale Of. The secretary of state 
shall sell any and all of the supreme court reports, both the current 
reports and the reprints, at one dollar and fifty cents per volume, but 

355 



4966 STATE OFFICERS— IF. Secretary of State. Ch. 114 

lie may allow to regular licensed booksellers in this state such dis- 
count as to him may seem reasonable and just. For his services in 
making such sales he shall receive a commission of five per centum 
upon his receipts, which commission he may deduct when he settles 
with the state treasurer, to whom he shall pay over, monthly, the 
moneys arising from such sales. 

Code, s. 3635; 1889, c. 473, s. 5; 1899, c. 37. 

4967. Accounts and expenses, how paid. The accounts of the 

secretary of state for the expeditures provided for in this subchapter, 
and all other expenses which he may incur, the payment whereof is 
not otherwise provided for, shall be passed on by the governor and 
council of state, and if allowed, shall be paid by the treasurer, on a 
warrant which the auditor shall draw. 

Code, s. 3342; R. C, e. 104, s. 7; 1842, c. 48, s. 1 ; 1842, c. 68, s. 3; 1873-4. c. 129. 

V. Auditor. 

4968. Office and Office hours. The auditor shall keep his office 
at the city of Raleigh, and shall attend thereat between the hours of 
ten o'clock a. m. and three o'clock p. m., Sundays and legal holidays 
excepted. 

Code, s. 3353; 1868-9, c. 270, ss. 69, 70. 

4969. Duties Of. It is the duty of the auditor : 

1. To superintend the fiscal concerns of the state. 

2. To report to the general assembly, annually, a complete state- 
ment of the funds of the state, of its revenues and of the public ex- 
penditures during the preceding fiscal year, and, as far as practicable, 
an account of the same down to the termination of the current calen- 
dar year, together with a detailed estimate of the expenditures to be 
defrayed from the treasury for the ensuing fiscal year, specifying 
therein each object of expenditure and distinguishing between such 
as are provided for by permanent or temporary appropriations, and 
such as must be provided for by a new statute, and suggesting the 
means from which such expenditures are to be defrayed; 

3. To suggest plans for the improvement and management of the 
public revenue. 

4. To keep and state all accounts in which the state is interested. 

5. To examine and settle the accounts of all persons indebted to the 
state, and to certify the amount of balance to the treasurer. 

6. To direct and superintend the collection of all moneys due to 
the state. 

7. To examine and liquidate the claims of all persons against the 
state, in cases where there is sufficient provision of law for the pay- 
ment thereof; and where there is no sufficient provision, to examine 

356 



4969 STATE OFFICERS— V. Auditor. Ch. 114 

the claim and report the fact, with his opinion thereon, to the gen- 
eral assembly. 

8. To require all persons who have received any moneys belonging 
to the state, and have not accounted therefor, to settle their accounts. 

9. To have the exclusive power and authority to issue all war- 
rants for the payment of money upon the state treasurer ; and it shall 
be the auditor's duty, before issuing the same, to examine the laws 
aiithorizing the payment thereof, and satisfy himself of the correct- 
ness of the accounts of persons applying for warrants ; and to this 
end he shall have the power to administer oaths, and he shall also 
file in his office the voucher upon which the warrant is drawn and 
cite the law upon said warrant. 

10. To procure from the books of the banks in which the treas- 
urer makes his deposits, monthly statements of the moneys received 
and paid on account of the treasurer. 

11. To keep an account between the state and the treasurer, and 
therein charge the treasurer with the balance in the treasury when 
he came into office, and with all moneys received by him, and credit 
him with all warrants drawn or paid by him. 

12. To examine carefully on the first Tuesday of every month, 
or oftener if he deems it necessary, the accounts of the debts and 
credits in the bank book kept by the treasurer, and if he discovers 
any irregularity or deficiency therein, unless the same be rectified 
or explained to his satisfaction, to report the same forthwith, in 
writing, to the governor. 

13. To require, from time to time, all persons who have received 
moneys or securities, or have had the disposition or management of 
any property of the state, of which an account is kept in his office, to 
render statements thereof to him ; and all such persons shall render 
such statements at such time and in such form as he shall require. 

14. To require any person presenting an account for settlement 
to be sworn before him and to answer orally as to auy facts relating 
to its correctness. 

Code, s. 3350; 1868-9, c. 270, ss. 63, 64, 65; 1883, c. 71. 

4970. Money paid into treasury by mistake, duties as to. 

Whenever the governor and council of state are satisfied that moneys 
have been paid into the treasury through mistake, they may direct 
the auditor to draw his warrant therefor on the treasurer, in favor 
of the person who made such payment; but this provision shall not 
extend to payments on account of taxes nor to payments on bonds and 
mortgages. 

Code, s. 3351; 1868-9, e. 270, s. 66. 

4971. Accounts to be examined. His accounts shall be closed on 
the thirtieth day of November of each year, and shall be examined 

357 



4971 STATE OFFICERS— 7. Auditor. CL 114 

at the same time and by the same officials as provided for examina- 
tion of the treasurer's accounts. 

Code, s. 3360; 1885, e. 334. 

4972. Surplus proceeds of sale of property mortgaged to the 

State, duties as to. Whenever any real property mortgaged to the 
state, or bought in for the benefit of the state, of which a certificate 
shall have been given to a former purchaser, is sold by the attorney 
general on a foreclosure by notice, or under a judgment, for a greater 
sum than the amount due to the state, with costs find expenses, the 
surplus money received into the treasury, after a conveyance has 
been executed to the purchaser, shall be paid to the person legally 
entitled to such real property at the time of the foreclosure on the 
forfeiture of the original contract. The auditor shall not draw his 
warrant for such surplus money, but upon satisfactory proof, by 
affidavit or otherwise, of the legal rights of such person. 
Code, s. 3352; 1868-9. e. 270, s. 08. 

VI. Treasurer. 

4973. Office and Office hours. The treasurer shall keep his 
office at the city of Raleigh, and shall attend there between the hours 
of ten o'clock a. m. and 3 o'clock p. m., Sundays and legal holidays 
excepted. He shall be allowed such office room as may be necessary. 

Code, s. 3362; 1868-9, e. 270, ss. 80, 81. 

4974. Duties to receive and disburse moneys; reports. It is 

the duty of the treasurer to receive all moneys which shall from time 
to time be paid into the treasury of this state ; to pay all warrants 
legally drawn on the treasurer by the auditor ; and no moneys shall 
be paid out of the treasury except on the warrant of the auditor ; to 
report to the governor annually and to the general assembly at its 
biennial session the exact balance in the treasury to the credit of the 
state, with a summary of the receipts and payments of the treasury 
during the preceding fiscal year, and so far as practicable an account 
of the same down to the termination of the current calendar year. 

Code, s. 3356; 1868-9, c. 270, s. 71. 

4975. Depositing in banks regulated. 1. Any duly incorpor- 
ated bank, solvent and in good repute, which shall comply with the 
requirements of this section, shall be a bank of deposit of the public 
moneys of the state. 

2. When any such bank shall desire to become a bank of deposit 
of the public moneys of the state, it shall file a petition to that effect 
with the treasurer ; and thereupon the treasurer may, within thirty 
days, make or cause to be made a special examination of the condi- 

358 



4975 STATE OFFICERS— TV. Treasurer. Ch. 114 

tion and affairs of such bank and file a report of its affairs and con- 
dition with such bank and in his office, and may Snd in his report 
whether or not such bank is solvent and in good repute, the anumnt 
of its capital stock paid in, and the amount of capital stock sub- 
scribed and not paid in ; and thereupon the treasurer may, if such 
bank is found solvent and in good repute, order that it be there- 
after a bank of deposit of the public moneys of the state, and shall 
so notify the bank. The cost of such examination shall not exceed 
fifty dollars, and shall be paid by the bank filing the petition. 

3. The treasurer may distribute to each of the banks which shall 
be so made banks of deposit of the public moneys which are or may 
hereafter come into his hands in the proportion that the amount of 
paid up capital stock of each shall bear to the paid up capital stock 
of all which may under this section become banks of deposit ; and 
the treasurer may ascertain such proportion and give notice of the 
same to such bank, and deposit with and set apart to each bank its 
proportionate part of the deposits of public money. But no part of 
such moneys shall be deposited with any bank until it shall deposit 
with the treasurer as collateral security for such public moneys sol- 
vent bonds of the market value of one-third of the amount of the 
public moneys so deposited, and the treasurer may call for an in- 
crease in the deposit of bonds from time to time, if such bonds already 
deposited shall decrease in value or if the amount of the public 
moneys shall increase, and may withdraw any money on deposit 
with any bank upon failure to file such increase in the deposit of 
bonds. 

4. In drawing checks upon such deposits the treasurer may have 
due regard to maintaining the proportion of public money in each 
bank, so that at all times each bank shall have on deposit its pro- 
portionate amount of the same. 

5. ISTone of such banks shall collect or charge exchange or make 
other charge upon drafts of the treasurer. 

6. The treasurer shall keep a book in which shall be entered his 
accounts of moneys deposited in and drawn from all banks in which 
he may deposit, or cause to be deposited, any public money, which 
book he shall exhibit to the auditor for his inspection whenever the 
auditor shall so require. 

7. The banks having state deposits shall every month transmit to 
the auditor a statement of the moneys which have been received and 
paid by them on account. of the treasury. 

8. The treasurer shall not draw, nor shall any bank pay, any 
moneys on account of the treasury, except by checks subscribed by 
him as treasurer. 

9. The corporation commission and the bank examiners shall keep 



359 






4975 STATE OFFICERS— VI. Treasurer. Ch. 114 

the state treasurer fully informed at all times as to the condition 
of all such banks of deposit, so as to fully protect the state from loss. 

Code, ss. 3354, 3355, 3356 (2) ; 1868-9, c. 270, ss. 71, 72, 73; 1893, c. 494; 1897, 
c. 508. 

4976. Discretionary powers as to payment of annual appro- 
priations. Unless otherwise provided, it shall be discretionary with 
the treasurer whether he shall pay any annual appropriation in 
monthly, quarterly or semi-annual instalments or in a single pay- 
ment. 

1897, c. 368. 

4977. To furnish estimates of expenses of state; draft com- 
plete revenue bill; reports printed. It shall be the duty of the treas- 
urer to furnish the general assembly, at the commencement of each 
session, with estimates of the expenses of the state government and 
the rates of taxation necessary to pay the same for the two years 
next succeeding the close of the last fiscal year, and with a scheme 
in the form of a complete revenue bill to sustain such estimates. 
It shall also be his duty and that of the boards of directors, man- 
agers or trustees of the several state hospitals for the insane, of the 
several institutions for the deaf, dumb and the blind, and of the 
state's prison to submit to the general assembly, with their respec- 
tive reports, bills providing for the support and management of their 
respective departments. These reports, with those of the other officers 
of the executive department, shall be submitted to the governor, to 
be transmitted by him with his message to the general assembly. 

Code, ss. 2864, 2865, 2866; 1856-7, c. 30; 1881, e. 272; 1883, c. 60, ss. 2-5. 
Note. For number of copies of reports to be printed, see ss. 4313, 4909. 

4978. To construe revenue and machinery acts. It shall be 

the duty of the state treasurer to decide all questions presented to 
him which may arise upon the construction and execution of all acts 
of the general assembly to raise revenue commonly called revenue 
acts, and all acts providing for the assessment of property and col- 
lection of taxes, commonly called machinery acts, except where the 
decision of such questions is expressly conferred upon some other 
official or dej)artment. Such decisions of the treasurer shall be prima 
facie correct and a protection to the officers affected thereby. 
1895, c. 119, s. 17. 

4979. Property and money of state; may demand and sue for. 

The treasurer is authorized to demand, sue for, collect and receive 
all money and property of the state not held by some person under 
authority of law. 

Code, s. 3359; 1866, e. 46. 

360 



4980 STATE OFFICERS— TV. Treasurer. Oh. 114 

4980. Ex officio treasurer of state institutions; duties as such. 

The treasurer shall be ex officio the treasurer of the department of 
agriculture, of the North Carolina college of agriculture and me- 
chanic arts, of the North Carolina school for the deaf and dumb 
at Morganton, of the North Carolina institution for the deaf and 
dumb and the blind at Raleigh, for the state hospital (for the insane) 
at Raleigh, Morganton and Goldsboro, for the state's prison and sol- 
diers' home. He may appoint deputies to act for him at Morganton 
and Goldsboro, and may pay such deputies reasonable compensation. 
He shall keep all accounts of the institutions, and shall pay out all 
moneys, upon the warrant of the respective chief officers or superin- 
tendents, countersigned by two members of the board of directors, 
managers or trustees. He shall report to the respective boards at such 
times as they may call on him, showing the amount received on ac- 
count of the institution, amount paid out, and amount on hand. He 
shall perform his duties as treasurer of these several institutions 
under such regulations as shall be prescribed in each case by their 
respective boards of managers, trustees or directors, with the ap- 
proval of the governor ; and shall be responsible on his official bond 
for the faithful discharge of his duties as treasurer of each of the 
several institutions. As treasurer of such institutions he shall, an- 
nually, after the examination, verification and cancellation of his 
vouchers, deposit the same with the respective institutions, and the 
superintendents thereof shall be responsible for their safe-keeping. 

Code, ss. 2235, 2251, 3723; 1895, c. 434; 1899, c. 1, s. 11; 1881, c. 211, s. 9, 
c. 128; 1879, c. 240, s. 2; 1883, c. 156, s. 12, c. 405. 
Note. For vouchers of state's prison, see s. 5001. 

4981. Chief clerk acts, when; treasurer liable. The treasurer 

may authorize his chief clerk to perform any duties pertaining to 
the office, except signing checks ; but the treasurer is responsible for 
the conduct of all his clerks. 

Code, s. 3358; 1868-9, c. 270, s. 76. 

4982. Fiscal year; examination of accounts. The fiscal year of 

the state government shall annually close on the thirtieth day of 
November. The accounts of the treasury, the auditor, and the chari- 
table and penal institutions of the state shall be annually closed on 
that date. The accounts of the state treasurer and auditor shall be 
examined during the month of December by commissioners ap- 
pointed for that purpose at each session of the general assembly, to 
consist of two senators and three representatives. 

Code, s. 3360; 1868-9, c. 270, s. 77; 1S83, c. 60; 1885, c. 334. 

4983. Duties Of the Commissioners. The commissioners shall 
examine the accounts and vouchers relating to all moneys received 
into and paid out of the treasury during the preceding fiscal year, 

361 



4983 STATE OFFICEKS.— TV. Treasurer. Ch. 114 

and shall certify and report to the legislature at its next session the 
amount of moneys received and the amount of moneys paid out of 
the treasury during such year, by virtue of warrants drawn on the 
treasury by the auditor, the amount of moneys received by the treas- 
urer when he entered his office, and the balance in the treasury at 
the close of the fiscal year. They shall also compare the warrants 
drawn by the auditor on the treasury during such fiscal year with 
the several laws under which the same purport to have been drawn, 
and shall in like manner certify and report whether the auditor had 
power to draw such warrant ; and if any are found which, in the 
opinion of the commissioners, he had no power to draw, they shall 
be specified, with the reasons for the opinion. Whenever the treas- 
urer dies or resigns during his term, or is succeeded at the expira- 
tion of his term by another, these commissioners shall examine his 
accounts. The commissioners shall also examine the warrants drawn 
on the treasurer by the officials of the various public institutions of 
the state, whose duty it is to draw such warrants, and the commis- 
sioners shall have the same authority over the warrants drawn by the 
officials of all public institutions as over the warrants drawn by the 
auditor. 

Code, s. 3361; 1868-9, c. 270, ss. 78, 79; 1903, c. 738. 

VII. Attorney General. 

4984. Duties. It shall be the duty of the attorney general— 

1. To defend all actions in the supreme court in which the state 
shall be interested, or is a party ; and also when requested by the 
governor or either branch of the general assembly to appear for the 
state in any other court or tribunal in any cause or matter, civil 
or criminal, in Avhich the state may be a party or interested. 

2. At the request of the governor, secretary of state, treasurer, 
auditor, corporation commissioners, insurance commissioner or su- 
perintendent of public instruction, he shall prosecute and defend all 
suits relating to matters connected with their departments. 

3. To represent all state institutions, including the state's prison, 
whenever requested so to do by the official head of any such insti- 
tution. 

4. To consult with and advise the solicitors, when requested by 
them, in all matters pertaining to the duties of their office. 

5. To give, when required, his opinion upon all questions of law 
submitted to him by the general assembly, or by either branch 
thereof, or by the governor, auditor, treasurer, or any other state 
officer. 



362 



4984 STATE OFFICERS— VII. Attorney General Ch. 114 

6. To pay all moneys received for debts due or penalties to the 
state immediately after the receipt thereof into the treasury. 

Code, s. 3363; 1868-9, c. 270, s. 82; 1871-2, c. 112, s. 2; 1893, c. 379; 1901, c. 
744. 

VIII. Solicitors. 

4985. To prosecute cases removed to federal courts, it shall 

be the duty of the solicitors of this state, in whose jurisdiction 
the circuit and district courts of the United States are held, hav- 
ing first obtained the permission of the judges of said courts, to 
prosecute, or assist in the prosecution of, all criminal cases in said 
courts where the defendants are charged with violations of the laws 
of this state, and have moved their cases from the state to the. federal 
courts under the provisions of the various acts of Congress on such 
subjects. 

Code, s. 1239; 1874-5, c. 164, s. 1. 

4986. Compensation of solicitors in federal courts. For every 

such case in which the 'solicitor shall appear and prosecute, or assist 
in prosecuting, he shall be allowed twenty dollars ; and if he cannot 
appear himself, by reason of a conflict of the time of holding his 
courts, or other good cause, he may appoint some one to act in his 
stead, who shall receive like compensation, and the prosecuting at- 
torney shall be paid said fee by the treasurer of the state, upon the 
warrant of the auditor. 

Code, s. 1240; 1874-5, e. 164, s. 2. 



Note. For the powers and duties of the superintendent of public instruction, 
see Education. 

For the duties and powers of the insurance commissioner, see Insurance. 



CHAPTER 115. 
STATE'S PRISON. 

Sections. 
I. Government, 4987—5001 

II. Conveying convicts to, 5002 — 5007 

III. Discipline and control, 5008—5016 

IV. Farming out convicts, 5017 — 5020 
V. Reformatory, 5021—5023 

I. Government. 

4987. Incorporation; action against, action against state. 

The board of directors of the state's prison of North Carolina and 
their successors in office are and shall continue to be a corporation, 

363 



4987 STATE'S 'PRISON— I. Government. Ch. 115 

with the name of the "State's Prison," which corporation shall he 
invested with all the property, real and personal, ehoses in action, 
and other rights now owned, held or enjoyed by the North Carolina 
penitentiary or state's prison, and shall be liable for all of the debts 
and other liabilities for which the penitentiary or state's prison is 
now liable. Any suit or action against such corporation shall be 
construed to be brought against the state, and no person shall have 
the right to bring or maintain any suit or action against it, nor shall 
any of the courts of the state have jurisdiction to try, hear or de- 
termine any such suit or action, except as allowed by the constitu- 
tion in case of claims against the state. 

1901, c. 472, s. 1 ; Const., Art. IV, s. 9. 

4988. Directors appointed by governor; term four years. The 

state's prison of North Carolina shall be governed and controlled by 
a board of directors which shall consist of a chairman and four other 
members, to be appointed by the governor, by and with the advice 
and consent of the senate. Said board shall, be so appointed during 
the session of the general assembly of one thousand nine hundred 
and five, and every four years thereafter, and their term of office 
shall be four years, beginning on the fifteenth day of March next 
after their appointment. 
1901, c. 472, ss. 3, 9. 

4989. Governor may remove directors. The governor is em- 
powered to remove the chairman or any member of said board of 
directors from office for inefficiency or misconduct in office, or if he 
shall become neglectful of his official duties. The governor shall 
give such party at least ten days' notice of such intended removal, 
and the grounds therefor, naming a day certain on which such party 
may be heard. On the day named the governor shall give said party 
a full hearing, and the governor's decision upon the matter shall be 
final. 

1901, c. 472, s. 13. 

4990. Directors to fill vacancies in board. Whenever any 

vacancy shall occur in such board of directors the same shall be filled 
by the remaining members of such board of directors. 
1899, c. 601. 

4991. Directors to take oath before entering upon duty. The 

board of directors shall meet in the state's prison, near Raleigh, or 
in the city of Raleigh, on or after the fifteenth day of March next 
after appointment, and, after taking the proper oath of office before 
some person authorized to administer oaths, enter upon the discharge 
of the duties hereby imposed upon them. 

1901, c. 472, s. 10. 

364 



4992 STATE'S PRISON— /. Government Ch. 115 

4992. Directors to employ servants and agents. The board of 

directors are authorized to employ such managers, wardens, phy- 
sicians, supervisors, overseers and other servants, or agents, as they 
may deem necessary for the management of the affairs of the 
state's prison and the safe-keeping and employment of the convicts 
therein confined. They shall fix the compensation of such servants or 
agents, prescribe their duties by proper rules and regulations, and 
may discharge them at will. 
1901, c. 472, s. 3. 

4993. Employees' bonds; moneys paid to state treasurer. The 

board of directors shall require such of its officers, employees or 
agents as they shall authorize to receive the moneys and earnings of 
said institution to enter into good bonds, to be approved by the board, 
in such amount or amounts as will fully secure their faithfully ac- 
counting for the same. All moneys belonging to said institution 
which shall come to the hands of any of its officers or employees, 
shall be paid into the hands of the state treasurer within ten days 
after the same is received, accompanied by a statement showing the 
source or sources from which the same was derived. 
1901, e. 472, s. 7. 

4995. Directors manage property and convicts. The board of 

directors shall have charge of and, through its agents and employees, 
hold and manage all the property and effects of the corporation, and 
conduct the operation of all its affairs. The board of directors may 
adopt and enforce such rules and regulations for the government 
of the institution, its agents and employees, and the convicts therein 
confined, as to them may seem just and proper. 
1901, c. 472, s. 4. 

4996. Custody, employment, hiring out and recapture of con- 
victs. The board of directors shall make provision for receiving and 
keeping in custody, until discharged according to law, all convicts 
now confined in such prison, and all such as may be sentenced to im- 
prisonment therein by the courts of this state. It yhall also provide 
for the employment of such convicts, either in the prison or on farms 
leased or owned by the corporation ; and may contract for the hire or 
employment of any able-bodied convicts, not necessary to be de- 
tained in the prison, near Raleigh, upon such terms as may be just 
and fair to the corporation, but such convicts, when so hired or 
employed, shall remain under the actual management, control and 
care of the board of directors or its employees, agents and servants ; 
but no female convict shall be worked on public roads or streets. 
The board of directors may provide for the recapture of convicts 
that may escape from such prison, in such manner as it may deem 

365 



4996 STATE'S PRISON—/. Government. Ch. 115 

best, and may pay such reward and expenses to any person making 
such recaptures as it may think proper. Any citizen of Xorth Caro- 
lina shall have authority without warrant to apprehend any convict 
who may escape before the expiration of his term of imprisonment, 
and return him to the state's prison. 

1901, c. 472, ss. 5, 6; 1897, c. 270; 1895, c. 194, s. 5. 

4997. Acquisition and alienation of property. The state's prison 

is empowered to acquire and hold, by gift, devise, purchase or lease 
all such property and estate, both real and personal, as may be nec- 
essary or convenient in the conduct of its operations and as may be 
authorized by law ; and to dispose of such property and estate by 
lease, subletting, sale and conveyance ; but no sale or conveyance of 
its real estate shall be made except by the sanction of a unanimous 
vote of the board of directors and the approval of the governor. 
1901, c. 472, ss. 2, 6. 

4998. Report to governor. The board of directors shall make to 
the governor a full report of the financial and physical condition 
of the said state's prison of North Carolina annually and at such 
other times as the governor may call for same. 

1901, c. 472, s. 12. 

4999. Compensation of board; not eligible to other office. The 

members of the board of directors shall receive as compensation for 
their services four dollars per day each, and five cents per mile each 
way of travel, while in the discharge of their official duties ; but 
the board may allow its chairman a salary in lieu of per diem and 
mileage, and confer such authority, and impose such duties upon 
him in reference to the management of the institution as it may 
think proper. JSTo member of the board of directors shall be eligible 
to any other office or employment in connection with the state's 
prison. 

1901, c. 472, s. 11. 

5000. Director not tO furnish Supplies. No director shall fur- 
nish any supplies or materials, directly or indirectly, for the sup- 
port of the convicts, or for the use of the state's prison. 

Code, s. 3429; 1870-1, c. 191, s. 9; 1873-4, c. 158, s. 20; 1879, e. 333, s. 6. 

5001. Duty Of State treasurer. The treasurer of the state shall 
keep the funds of the state's prison separate from other public funds, 
and shall disburse the same on account of the state's prison upon 
vouchers consisting of itemized accounts of the claim, and an order 
of payment signed by such officer or agent as the board of directors 
shall authorize to sign the same, approved by the chairman of the 
board. Duplicates of such vouchers shall be kept and filed in the 

366 



5001 STATE'S PRISON"— 7. Government. Oh. 115 

office of the chairman of the board of directors and the originals 
thereof shall be kept and filed -when paid in the office of the state 
treasurer. 

1901, c. 472, s. 8. 

II. Conveying Convicts to. 

5002. Direct to place Of labor. The board of directors shall, as 
far as practicable, make arrangements for the conveying of con- 
victs from the places where convicted, direct to tbe place where they 
are to be worked, when it would be to the interest of the state so 
to do. 

Code, s. 3428; 1879. e. 333, s. 5; 1881, c. 289, s. 2. 

5003. To be Sent Within five days. The sheriff, having in charge 
any prisoner sentenced to the state's prison, shall proceed to send 
him to the state's prison or place of assignment, within five days 
after the adjournment of the court at which he was sentenced, if 
no appeal has been taken. 

Code, 8. 3432; 1869-70, e. 180, s. 3. 

5006. Copy of affidavit filed with commissioners. The sheriff 

shall file with the board of commissioners of his county a copy of 
his affidavit as to necessary guard, together with a copy of his item- 
ized account of expenses, both certified to by the auditor as true 
copies of those on file in his office. 

Code, s. 3437; 1874-5, c. 107, s. 3. 

Note. Failure to file above affidavit a misdemeanor, see Crimes. 

5007. State not liable for expenses before conveyed to prison. 

The state shall not be held liable for the expense of maintaining 
convicts until they shall have been received by the state's prison 
authorities, nor shall any moneys be paid out of the treasury for 
support of convicts prior to such reception. 

Code, s. 3438; 1870-1, c. 124. s. 3. 

III. Discipline and Control. 

5008. Rules and regulations printed and posted. The board of 

directors is authorized to adopt such rules and regulations for en- 
forcing discipline as their judgment may indicate, not inconsistent 
with the constitution and laws of the state. And they shall print 
and post the same with the following section, in the cells of the con- 
victs, and the same shall be read to every convict in the state's prison 
when received. 

Code, s. 3444; 1873-4, c. 158, s. 15. 

367 



5009 STATE'S PKISOJf— ///. Discipline and Control. Ch. 115 

5009. Infraction of rules recorded; diminution of term by good 

behavior. The board of directors shall require to be kept a book 
in which shall be entered a record of every infraction of the pub- 
lished rules of discipline with the name of the prisoner so guilty, 
and the punishment inflicted therefor, which record shall be sub- 
mitted to the directors at their monthly meeting; and every prisoner 
who may have been sentenced for a term of years, who shall at the 
end of each month have no infraction of the discipline so recorded 
against him, shall for each month be entitled to a diminution of five 
days from the term of his sentence, and for every ten days he shall 
thus become entitled, he shall have a further reward of one dollar 
placed to his credit, with the warden, to be paid to him on his dis- 
charge or sent to his family as he may elect; and for every five 
dollars of commutation he shall be entitled to five additional days' 
diminution; and it shall be the duty of the warden to discharge such 
convict £i'\'u the penitentiary when he shall have served :.he time 
of nis sentence Jess the number of days he may be entitled to have 
deducted therefrom, in the same manner as if no deduction had been 
made ; but if such convict shall be guilty of a violation of the printed 
and published rules of the prison after lie shall have become entitled 
to a diminution of his term of service to which he has been sen- 
tenced, the directors shall have the power to deprive, at their discre- 
tion, such convict of a portion or all (according to the flagrance of 
such violation of discipline) of the diminution of term of sentence 
or commutation to which he had previously been by this section 
entitled. Any convict who shall make an assault on any officer, 
overseer or guard, or who shall be engaged in an insurrection, or 
make an attempt to escape, shall not be entitled to the benefits of this 
section. 

Code, s. 3445; 1899, c. 457; 1873-4, c. 158. s. 16. 

5010. Money commutation allowed. The directors of the state's 
prison are authorized to make rules and regulations for a reasonable 
commutation in money to be given convicts as a reward for good 
conduct during the term of their imprisonment. 

1901, e. 726. 

5011. Convict furnished transportation out of commutation 

money. The superintendent of the state's prison shall furnish to 
every convict, upon the expiration of his term of imprisonment, a 
certificate of transportation or railroad ticket to the county in which 
such convict was convicted, or to any other county less distant, which 
such convict may designate, and in which the state's prison may not 
have convicts employed, and shall pay the cost thereof out of com- 
mutation money, if there be any to the credit of such convict, under 
the provision of this chapter ; and the superintendent shall so coun- 

368 



5011 STATE'S PKISON— III. Discipline and Control. Ch. 115 

tersign such certificates or tickets as to render them nontransferable, 
and shall compel every convict, as the proper holder thereof, to take 
passage upon the train or steamboat bound for the destination of 
such convict. 
1893, c. 370. 

5012. Divine services; Sunday school. The board of directors is 

authorized to provide for divine service for the convicts each Sun- 
day, if possible, and to secure the visits of some minister at the hos- 
pital to administer to the spiritual wants of the sick, and an appro- 
priation of not more than five hundred dollars per annum may be 
made for these purposes. The sum of fifty dollars per annum is 
appropriated for the use of the state's prison Sunday school, to be 
paid to the warden of the state's prison by the state treasurer on 
the warrant of the auditor. 

Code, s. 344G; 1873-4, e. 158, s. 18; 1883, c. 349. 

5013. Children born in state's prison. Any child born of a fe- 
male convict while she is in the custody of the state's prison that shall 
not be taken in charge upon arrival at an age suitable to be sep- 
arated from the mother by some of its kindred or other responsi- 
ble party shall, on the application of the deputy warden to the clerk 
of the superior court of the county of Wake, be disposed of as the 
law provides in the case of children whose parents are dead or unable 
to provide for them. 

Code, s. 3447; 1873-4, c. 158, s. 19. 

Note. Convicts becoming insane, see State Hospitals for Insane 

5014. Recaptured convicts to serve out term. Any convict who 

shall effect an escape shall, on his recapture, be required to make up 
the full term for which he was sentenced, and shall in no case be 
discharged until he has served in the prison the full term of his sen- 
tence. 

Code, s. 3442; 1873-4, c. 158, s. 13. . 

5015. Overseers and guards may maintain discipline. When 

a convict or several combined shall offer violence to any officer, over- 
seer or guard, or to any convict, or attempt to do any injury to the 
prison building or the workshops, or shall attempt to escape or shall 
resist or disobey any lawful command, the officer, overseer or guard, 
shall use any means necessary to defend bimself, to enforce the 
observance of discipline, to secure the person of the offender and 
to prevent an escape. 

Code, 8. 3443; 1873-4, c. 158, s. 14. 

Note. For selling liquor and furnishing weapons to convicts, see Crimes. 

R. S. Vol. 11—24 369 



5016 STATE'S PRISON—///. Discipline and Control Ch. .115 

5016. Death of convict investigated by directors. It shall be 

the duty of the board of directors, or some member thereof, upon 
information of the death of a convict, other than by natural causes, 
to investigate the cause thereof, and report the results of such inves- 
tigation to the governor, and for this purpose the board of direc- 
tors, or any member thereof, shall have power to administer oaths, 
and send for persons and papers. 
1885, c. 379, s. 2. 

IV. Farming Out Convicts. 

5017. Counties and towns may employ. It shall be lawful for 

the board of commissioners of any county, and likewise for the cor- 
porate authorities of any city, or town, to contract in writing with 
the board of directors of the state's prison for the employment of 
such convicts as by existing laws may be hired to railroad companies, 
upon the highways or streets for the construction or improvement 
of the same, of the county, city or town whose authorities shall so 
hire such convicts. 

Code, s. 3449; 1881, c. 127, s. 1. 

5018. Duty to hire to counties and towns. Upon application to 

them it shall be the duty of the board of directors of the state's prison 
to hire to the board of commissioners of any county, and to the corpo- 
rate authorities of any city or town, for the purpose specified in 
the preceding section, such convicts as may lawfully be hired for 
service outside the state's prison, as shall not at the time of such 
application be so hired ; but the convicts hired for service upon the 
highways and streets shall be fed, clothed and quartered while so 
employed by the board of directors or managers of the state's prison 
as in case of the hiring of convicts to railroad companies. 

Code, s. 3450; 1881, c. 127, s. 2. 

Note. For allowing escape of or maltreating convict, see Crimes. 

5019. Contract for hire, hOW enforced. The board of commis- 
sioners of any county, and the corporate authorities of any city or 
town so hiring such convicts, shall pay into the treasury of the state 
for the labor of any convict so hired a sum of money equal to the 
average cost in money of feeding, clothing, guarding and transport- 
ing such convicts to and from the place of employment for the town 
of such hiring, and the money so to be paid at such times as may 
be agreed upon in the contract of hire ; and if any such county, city 
or town shall fail to pay the money due for such hiring, the same 
shall bear interest from the time it shall become due until paid, at 
the rate of six per cent, per annum, if such rate is agreed upon in 
such written contract, and an action to recover any sum of money 

370 



5019 STATE'S PRISON— IV. Farming Out Convicts. Ch. 115. 

so due and imposed may be brought by the attorney general in the 
superior court of the county of Wake in the name of the state. 
Code, s. 3451; 1881, c. 127, s. 3. 

5020. Counties to appoint Superintendents. The board of com- 
missioners of any county, and the corporate authorities of any city 
or town so hiring such convicts, shall have power to appoint and 
remove at will all such necessary agents to superintend the construc- 
tion or improvement of such highways and streets as they may deem 
proper, and to pay the costs and expenses incident to such hiring, 
may levy taxes and raise money as in other respects. 

Code, s. 3452; 1881, c. 127, s. 4. 

V. Reformatory. 

5021. Directors may establish and Control. There may be es- 
tablished in connection with the [North Carolina state's prison, under 
the control and direction of the board of directors of that institution, 
a reformatory either within the enclosure of the penitentiary or 
elsewhere as said board shall deem most practicable and economical, 
in which reformatory convicts under the age of fifteen years sen- 
tenced to the penitentiary shall be confined separate and apart from 
other convicts. 

1887, c. 356, s. 1. 

5022. May exempt from Convict garb. It shall be in the discre- 
tion of the board to exempt the convicts confined in the reformatory 
from the requirement of wearing the usual convict garb. 

1887, e. 356, s. 2. 

5023. Not to apply to Certain Crimes. Nothing in the two pre- 
ceding sections shall apply to convicts sentenced for the crimes of 
murder, arson, rape or burglary. 

1887, e. 356, s. 3. 



CHAPTER 116. 
TRAINED NURSES. 

(Sections 5024—5032.) 

5024. Registration after January first, one thousand nine hun- 
dred and four. On and after January first, one thousand nine hun- 
dred and four, registration as a trained nurse shall be made by the 

371 



.5024 TRAINED NURSES. Ch. 116 

clerk of the court solely upon the presentation to him of a license 
from the state board of examiners of nurses as created and provided 
by this chapter. 
1903, c. 359, s. 2. 

5025. Registration by clerk; certificate of registration. The 

clerk of the superior court of any county, upon presentation to him 
of a license from the said board of examiners, shall register the date 
of registration with the name and residence of the holder thereof in 
a book to be kept in his office for this purpose, and marked "Regis- 
ter of Trained Nurses," and shall issue to the applicant a certificate 
of such registration under his seal. 

1903, c. 359, s. 6. 

Note. For fee for registration, see Salaries and Fees, sec. 2779. 

5026. Board of examiners; election; term; compensation. 

There shall be established a board of examiners of nurses composed 
of five members, two physicians and three registered nurses, to be 
elected by the medical society of the state of North Carolina and the 
North Carolina state nurses association respectively, to be known 
by the title of "The Board of Examiners of Trained Nurses of 
North Carolina." Their term of office shall be three years. Three 
members, one of whom shall be a physician, shall constitute a quo- 
rum, and a majority of those present shall have a deciding vote. 
They shall each receive as compensation for his or her services when 
engaged in the work of the board four dollars a day and actual travel- 
ing and hotel expenses, the same to be paid out of money received 
for licenses issued, and in no case to be charged upon the treasury 
of the state. 
1903, c. 359, s. 3. 

5027. Officers; by-laws; vacancies filled. The board of exami- 
ners is authorized to elect such officers and frame such by-laws as 
may be necessary, and upon the occurrence of a vacancy is empowered 
to fill such vacancy for the unexpired term. 

1903, e. 359, s. 4. 

5028. Meetings of board of examiners. The board of examiners 

shall meet not less frequently than once in every year, notice of which 
meeting shall be given in the public press. 

1903, c. 359, s. 5. 

5029. Examination of applicants; license; discretion; license 

fee. At such meetings it shall be their duty to examine all appli- 
cants for license as registered nurse, of good moral character, in 
the elements of anatomy and physiology, in medical, surgical, obstet- 
rical and practical nursing, invalid cookery and household hygiene, 

372 



5029 TRAINED NURSES. Ch. 116 

and grant a license to each applicant whom they shall find compe- 
tent, authorizing him to register, as hereinafter provided, and to use 
the title "Registered Nurse," signified by the letters "R. N." The 
said hoard of examiners may, in its discretion, issue license without 
examination to such applicants as shall furnish evidence of compe- 
tency entirely satisfactory to them. Each applicant, before receiv- 
ing license, shall pay a fee of five dollars, which shall be used for 
defraying the expenses of the board. 
1903, c. 359, s. 5. 

5030. Blank certificates and records furnished clerk. It shall 

be the duty of the North Carolina state nurses association to pre- 
scribe a proper form of the certificate required by this chapter, and 
to furnish the same in sufficient quantity, suitably bound in a book 
and labeled "Register of Trained Nurses," to the clerk of the court 
of each county. 
1903, c. 359, s. 7. 

5031. Revocation Of license. The board of examiners shall have 
power, after twenty days' notice of the charges preferred and the 
time and place of meeting, and after a full and fair hearing on the 
same, by a majority vote of the whole board, to revoke any license 
issued by them for gross incompetency, dishonesty, habitual intem- 
perance, or any other act in the judgment of the board derogatory 
to the morals or standing of the profession of nursing. Upon the 
revocation of a license or certificate the name of the holder thereof 
shall be stricken from the roll of registered nurses in the hands of 
the secretary of the board, and upon notification of such action by 
said secretary, by the clerk of the court from his register. 

1903, c. 359, s. 8. 

5032. General privileges not abridged. Nothing in this chapter 

shall in any manner whatever curtail or abridge the right and privi- 
lege of any person to pursue the vocation of a nurse, whether trained 
or untrained, registered or not registered. 
1903, e. 359, s. 10. 



Note. For criminal liability for acting without registration, etc., see Crimes, 
s. 3600. 



373 



5033 UNITED STATES LANDS. Ch. 117 

CHAPTEE 117. 
UNITED STATES LANDS. 

(Sections 5033—5037.) 

5033. May acquire for certain purposes. It shall be lawful for 

the United States to purchase or otherwise acquire title to any tract 
or parcel of land in the state of North Carolina, not exceeding 
twenty-five acres, for the purpose of erecting thereon any custom- 
house, courthouse, postofnce or other building, including lighthouse, 
light-keeper's dwellings, life-saving stations, buoys and coal depots 
and buildings connected therewith, or for the establishment of a 
fishcultural station and the erection thereon of such buildings and 
improvements as may be necessary for the successful operations of 
such fishcultural station. This cession is upon the express condi- 
tion that the state of North Carolina shall so far retain a concur- 
rent jurisdiction with the United States over such lands as that all 
civil and criminal process issued from the courts of the state of 
North Carolina may be executed thereon in like manner as if this 
authority had not been given, and that the state of North Carolina 
also retains authority to punish all violations of it? criminal laws 
committed on any such tract of land. 

Code, ss. 3080, 3083; 1887, c. 136; 1899, c. 10; 1870-1, c. 44, s. 5. 

5034. Condition Of Consent. The consent given in the preceding 
section is upon consideration of the United States building light- 
houses, lighthouse-keepers' dwellings, life-saving stations, buoys, 
coal depots, fish stations, postofhces, custom-houses and other build- 
ings connected therewith, on the tracts or parcels of land so pur- 
chased, or that may be purchased ; and that the title to land so con- 
veyed to the United States shall revert to the stats unless the con- 
struction of the aforementioned buildings be completed thereon 
within ten years from the date of the conveyance from the grantor. 

Code, s. 3084; 1870-1, c. 44, s. 5. 

5035. Exempt from taxation. The lots, parcels or tracts of land 
acquired under this chapter, together with the tenements and appur- 
tenances for the purpose mentioned in this chapter, shall be exempt 
from taxation. 

Code, s. 3082; 1870-1, c. 44, s. 3. 

5036. Deeds to be registered as other conveyances. All deeds, 

conveyances or other title papers for the same shall be recorded, as 
in other cases, in the office of the register of deeds of the county in 

374 



5036 UNITED STATES LANDS. Ch. 117 

which the lands so conveyed may lie, in the same manner and under 
'the same regulations as other deeds and conveyances are now re- 
corded, and in like manner may be recorded a sufficient description 
by metes and bounds, courses and distances, of any tract or legal 
division of any public land belonging to the United States, which 
may be set apart by the general government for the purpose before 
mentioned, by an order, patent or other official document or paper 
so describing such land. 

Code, s. 3081; 1870-1, c. 44, s. 2; 1872-3, c. 201. 

5037. Forest reserve, western Carolina. The United States is 

authorized to acquire by purchase, or by condemnation with ade- 
quate compensation, except as hereinafter provided, such lands in 
western North Carolina as in the opinion of the federal govern- 
ment may be needed for the establishment of a national forest reserve 
in that region. This consent is given upon condition that the state 
of North Carolina shall retain a concurrent jurisdiction with the 
United States in and over such lands so far that civil process in all 
cases, and such criminal process .as may issue under the authority 
of the state of North Carolina against any person charged with the 
commission of any crime without or within said jurisdiction, may 
be executed thereon in like manner as if this consent had not been 
given. Power is hereby conferred upon the Congress of the United 
States to pass such laws as it may deem necessary to the acquisition 
as hereinbefore provided, for incorporation in such national forest 
reserve such forest covered lands lying in Western North Carolina 
as in the opinion of the federal government may be needed for this 
purpose, but as much as two hundred acres of any tract of land 
occupied as a home by bona fide residents in this state on the eigh- 
teenth day of January, one thousand nine hundred and one, shall be 
exempt from the provisions of this section. Power is hereby con- 
ferred upon Congress to pass such laws and to make or provide for 
the making of such rules and regulations, of both civil and criminal 
nature, and to provide punishment therefor, as in its judgment may 
be necessary for the management, control, and protection of such 
lands as may be from time to time acquired by the United States 
under the provisions of this section. 
1901, e. 17. 



375 



5038 VETERINARY BOARD. Oh. 118 

CHAPTER 118. 
VETERINARY BOARD. 

(Sections 5038—5045.) 

5038. Incorporated. The association of veterinary surgeons and 
physicians calling themselves The North Carolina State Veterinary 
Medical Association is declared to be a body politic and corporate 
under the name and style of The North Carolina State Veterinary 
Medical Association. 

1903, c. 503. 

5039. Board, how created; term of office; oath of. In order to 

properly regulate the practice of veterinary medicine and surgery 
there shall be a board to be known as the North Carolina board of 
veterinary medical examiners, to consist of five members of the 
North Carolina veterinary medical association. The governor shall 
annually appoint one member of such board, who shall hold his 
office for five years, and until his successor is appointed and quali- 
fied. Every person so appointed shall, within thirty days after no- 
tice of appointment, appear before the clerk of the superior court 
of the county in which he resides and take oath to faithfully discharge 
the duties of his office. 
1903, e. 503, s. 2. 

5040. When to meet; powers. The board of examiners shall 
meet at least once a year at such times and places as the association 
may decide upon, and remain in session sufficiently long to examine 
all who may make application at the appointed time for a license. 
Three members of said board shall constitute a quorum. The board 
of examiners shall elect a president and a secretary, who shall also 
perform the duties of a treasurer. They shall keep a regular record 
of their proceedings in a book to be kept for that purpose, which 
shall always be open for inspection, and shall keep a record of all 
applicants for a certificate and of all who are granted a certificate, 
and shall publish the names of the successful applicants at least once 
each year in two newspapers published in the state. The board shall 
have authority to adopt such by-laws and regulations as may be nec- 
essary. 

1903, e. 503, ss. 3. 4, 6, 7. 

5041. Compensation Of board. The members of such board shall 
receive such compensation for their services, not to exceed four dol- 
lars per day, and their traveling expenses, as the association may 

376 



5041 YETERINARY BOARD. CL 118 

decide upon, to be paid by the secretary of the hoard out of any 
money coming into his hands as secretary. None of the expenses 
of the board or of the members shall be paid by the state. 
1903, c. 503, s. 9. 

5042. May grant Certificate. The board of examiners shall, at 
their annual meeting, examine all applicants, who desire license to 
practice veterinary medicine or surgery. If upon such examination 
the applicant be found to possess sufficient skill to practice veterinary 
medicine or surgery, and of good moral character, a license or cer- 
tificate shall be issued to him. ISTo certificate shall be granted ex- 
cept with a concurrence of a majority of the members present. To 
prevent delay and inconvenience two members of the board of exami- 
ners may grant a temporary certificate to practice veterinary medi- 
cine or surgery, which shall be in force only until the next regular 
meeting of the board of examiners, but in no case shall such tem- 
porary certificate be granted to any person who has been an unsuc- 
cessful applicant for a certificate before the board. The board shall 
have power to require each applicant to pay a fee of not' more than 
ten dollars before issuing a certificate and five dollars before issuing 
a temporary certificate. 

1903, e. 503, ss. 3 ; 5, 8. 

5043. May rescind certificate, when. The board shall have 

power to rescind any certificate that may have been granted by it or 
annul any registration made under this chapter, upon satisfactory 
proof that the person thus licensed has been guilty of grossly immoral 
conduct or malpractice as determined by the board. And it shall be 
the duty of said board to furnish any information pertaining to 
the practice of veterinary medicine or surgery upon application for 
same by any one practicing under this chapter. 

1903, c. 503, s. 10. 

5044. Those practicing prior to one thousand nine hundred and 

three. All persons who have been practicing veterinary medicine 
or surgery previous to the first day of March, one thousand nine 
hundred and three, shall be allowed to practice veterinary medicine 
or surgery in this state : Provided, they make affidavit to the effect 
that they have practiced veterinary medicine or surgery as a profes- 
sion previous to the said date, and have had their names registered 
in the office of the clerk of the superior court of the county in which 
they reside on or before January first, one thousand nine hundred 
and five, in a book that shall be kept for that purpose. 
1903, c. 503, s. 11. 

5045. Who may practice without license. Nothing in this chap- 
ter shall be construed to prohibit any member of the medical profes- 

377 



5045 VETERINARY BOARD. Ch. 118 

sion from prescribing for domestic animals in cases of emergency 
and collecting a fee therefor, nor to prohibit gratuitous services by 
any person in an emergency, nor to prevent any person from prac- 
ticing veterinary medicine or surgery on any animal belonging to 
himself, or to prevent any one from castrating or spaying any of 
the domestic animals. And this chapter shall not apply to commis- 
sioned veterinary surgeons in the United States army. 
1903. c. 503, s. 12. 



CHAPTER 119. 
CONCERNING THESE REVISED STATUTES. 

(Sections 5040—5055.) 

5046. Public statutes repealed; acts heretofore repealed not 

revived. All public and general statutes not contained in these Re- 
vised Statutes are hereby repealed, with the exceptions and limita- 
tions hereinafter mentioned. ]STo statute or law which has heretofore 
been repealed shall be revived by the repeal contained in any of the 
sections of these Revised Statutes. 

5047. Repeal not to affect rights accrued, nor suits com- 
menced. The repeal of the statutes mentioned in the preceding sec- 
tion shall not affect any act done, or any right accruing, accrued 
or established, or any action or proceeding had or commenced in any 
case before the time when such repeal shall take effect ; but the pro- 
ceedings in every such case shall be conformed, when necessary, to 
the provisions of these Revised Statutes. 

5048. Offenses and penalties not affected. No offense com- 
mitted and no penalty or forfeiture incurred under any of the stat- 
utes hereby repealed, and before the time when such repeal shall take 
effect, shall be affected by the repeal. 

5049. Pending actions and proceedings not affected. No ac- 
tion or proceeding pending at the time of the repeal, for any offense 
committed, or for the recovery of any penalty or forfeiture incurred 
under any of the statutes hereby repealed, shall be affected by such 
repeal, except that the proceedings in such action or proceeding shall 
be conformed, when necessary, to the provisions of these Revised 
Statutes. 

378 



5050 CONCERNING THESE REVISED STATUTES. Ch. 119 

5050. Effect of repeal on persons holding office. All persons 

•Avho at this time shall hold any office under any of the acts hereb} r 
repealed shall continue to hold the same according to the tenure 
thereof. 

5051. What acts not repealed. No act of a private nature, un- 
less in conflict with the provisions of these Revised Statutes, no act 
relating to fishing in any particular section of the state, no act 
relating to the boundaries of the state or any county, .no act ceding the 
lands of this state to the general government, no act prohibiting the 
sale of liquors in any particular section of the state, no act regulating 
fences in any particular section of the state, and no act regulating 
the working and maintaining roads in any particular section of the 
state shall be construed to be repealed by any section of these Revised 
Statutes. 

5051a. Revised Statutes published. The commissioners ap- 
pointed to compile the Revised Statutes are authorized and directed 
to publish the same as speedily as possible, after the adjournment 
of the general assembly, and they shall include therein all such gen- 
eral public statutes as may be enacted at this session of the general 
assembly, and shall also include the statutes fixing the time for the 
sheriffs and tax collectors of certain counties, which are exempted 
from the operations of the general law, to settle with the state treas- 
urer ; and they are hereby authorized to change the number of sec- 
tions, transfer sections, chapters and subchapters, and make such 
purely clerical corrections as may be deemed expedient and which 
do not change the law. 



■fe v 



5052. Number of copies to be published; type preserved. There 

shall be published of these Revised Statutes eight thousand five hun- 
dred copies of the first volume, and one thousand five hundred copies 
of the second volume, the copyright whereof shall be secured to 
the state by the commissioners. The expense of preparing, printing, 
supervising, publishing, binding and delivering the same shall be 
paid by the state treasurer on the warrant of the auditor approved 
by the governor founded on requisitions made from time to time 
by the commissioners. The secretary of state shall store and prop- 
erly preserve the type and type-metal from which these Revised 
Statutes shall have been published, for future use by the state, 
the expense of which shall be paid out of any money in the treasury 
not otherwise appropriated. 

5053. Compensation of the commissioners. When the publica- 
tion of the Revised Statutes shall have been completed and delivered 
to the order of the governor the commissioners and their clerks shall 

379 



5053 CONCERNING THESE REVISED STATUTES. Ch. 119 

receive such compensation as to the governor shall seem just and 
reasonable, to be paid by the State treasurer upon the warrant of the 
auditor approved by the governor, out of any money not otherwise 
appropriated. 

5054. Distribution and Sale. The secretary of state shall, imme- 
diately upon the receipt by him of the Revised Statutes duly pub- 
lished and bound, distribute the same in the same manner that 
the public laws are distributed, except that only the first volume 
shall be sent to the clerks of the superior courts for the use of the 
several justices of the peace in their respective counties. The secre- 
tary of state is authorized to sell copies thereof in the same manner 
as the public laws are now sold, except that the price of the first 
volume shall be three dollars, and the price of the second volume 
shall be two dollars. 

5055. When Revised Statutes to take effect. All the provisions, 

chapters, subchapters and sections contained in these Revised Stat- 
utes shall be in force from and after the first day of July in the year 
of our Lord one thousand nine hundred and five. 



380 



REPORT OF COMMISSIONERS. 



REPORT OF COMMISSIONERS APPOINTED TO COM- 
PILE THE PUBLIC LAWS OF THE STATE. 



To the Honorable the General Assembly of the State of North Caro- 
lina,: 

The commissioners appointed by the general assembly of North 
Carolina at its session of 1903 to compile, collate, revise and digest 
all the public statute laws of this state, pursuant to chapter 314 of 
the public laws of 1903, herewith submit the result of their labors 
in the form of a bill to be entitled "An Act for Revising and Consoli- 
dating the Public and General Statutes of the State of North Caro- 
lina, to be known as the Revised Statutes," and have caused the same 
to be printed and the edition of five hundred copies, intended for 
use by the legislature, to be bound in two separate volumes. 

The first of these volumes contains the statutes of general applica- 
tion, and more particularly affecting the people as a whole, while in 
the second is collected those statutes relating largely to the political 
government of the commonwealth and of its several departments and 
institutions. There are also included in the second volume those stat- 
utes which it is customary to have printed in pamphlet form and are 
largely distributed in that form. As for example, the school law, 
the law governing elections, the insurance lav, the revenue and 
machinery acts, etc. 

If the general assembly shall adopt the same manner of publica- 
tion and binding, much expense will be saved to the state, as it will 
not be necessary to place the second volume in the hands of the jus- 
tices of the peace. All of the statutes relating to their official duties 
will be found codified in the first volume. With this in view the 
chapter concerning these Revised Statutes contemplates the publica- 
tion of a limited number of copies of volume two, and the same num- 
ber of copies of volume one as the state now publishes of its public 
laws. 

This recommendation of publishing a much smaller number of 
copies than were published of The Code, is made feasible and ample 
by reason of the fact that in the exercise of the discretion given the 
commissioners in publishing the legislative edition of the Revised 
Statutes they purchased for the state the type-metal from which the 
edition was printed, and have caused the entire body to be preserved 
in the linotype form. The composition having been done on a double- 
decked Mergenthaler machine, each line in the entire publication 
can be and has been preserved in its exact form. This enables the 

381 



BEPOBT OF COMMISSIOis T EBS. 

state to publish its permanent edition, after incorporating the enact- 
ments of the approaching general assembly, with no additional cost 
.of composition, other than that made necessary by amendments, and 
by new legislation. 

This retention of a practically stereotyped edition, but one in 
which lines can be changed and forms rearranged with ease, will 
also enable the publication of new editions of the Eevised Statutes 
as often as each recurring legislature shall deem it wise, and at a 
minimum cost. It also renders large editions useless and unnec- 
essary. 

There were published twenty thousand volumes of The Code. 
The commissioners recommend an aggregate edition of ten thousand 
volumes of the Eevised Statutes, eight thousand five hundred of vol- 
ume one and fifteen hundred of volume two, and they are assured 
this will supply the needs of the state, notwithstanding its great 
growth in the twenty-two years since The Code was enacted. 

In the selection of a name for this compilation of our statutory 
law it was thought that confusion and uncertainty would arise by 
the use of the name Code. Both The Code, and the Eevised Code are 
frequently cited in this work. It is nearly seventy years since the 
name Eevised Statutes was given to such a publication, and it is now 
rarely cited or referred to any way. For this reason the oldest name 
in use in the state was selected. 

Time was too short and the labor too great to prepare a creditable 
index for the legislative edition, and in lieu of it, there is printed 
the captions of chapters, subchapters and sections, at the end of each 
volume respectively. 

In view of the character of section head lines adopted, and the 
information contained in the top line of each page, as well as the 
division of chapters into appropriate subchapters, it was considered 
that it would be a useless expense, and unnecessarily add to the bulk 
of the volume to print at beginning of the chapters the captions of 
the sections, as was done in The Code and in the Eevised Code. It 
is confidently believed that when familiar with the system used, 
with the aid of the sectional and chapter foot notes, but few occa- 
sions will arise when it will be necessary to refer to an index to find 
the statutory law on any given subject. However, it is the purpose 
of the commissioners, should the legislature continue their services, 
to prepare and print in the regular edition an elaborate index in lieu 
of the captions printed in the legislative edition 

ISTo references have been made by foot or marginal notes to judicial 
interpretation of the statutes, as such notes were not contemplated 
by the act prescribing the duties of the commissioners. Should the 
general assembly desire such notes in future, they can be readily pre- 
pared. But considering the great volume of judicial determinations 

382 



REPORT OF COMMISSIONERS. 

since the publication of The Code, the commissioners are of opinion 
that it would delay the publication of the Revised Statutes too 
greatly to attempt to add them now. Several methods suggest them- 
selves by which the same end can be accomplished and avoid the de- 
lay in the publication of this much-needed work. For example, a 
supplement can be prepared, giving the decisions of our court of last 
resort and referring to the sections of the Revised Statutes by num- 
ber. It will be observed that the sections are numbered consecu- 
tively through both volumes. 

The manuscript has been prepared for the Constitution of the 
United States, and of the State of North Carolina, as well as of the 
laws of the Congress regulating the naturalization of citizens, authen- 
tication of records and removals to the federal courts, as required 
by the act, but as no additional force can be given them by legisla- 
tive enactment and useless expense entailed by printing them as 
appendices they have been omitted. They can be easily inserted in 
the permanent edition. 

The revenue and machinery acts have been omitted as the com- 
missioners deemed it unwise to publish these acts when there is a 
reasonable certainty that the general assembly will enact a new 
revenue bill and machinery act. It would have entailed a useless 
expense. These will be incorporated in the permanent edition, to- 
gether with the statutes in reference to the time of the several coun- 
ties settling their state taxes. 

It is recommended that the commissioners be authorized to include 
in the permanent edition of the Revised Statutes such general pub- 
lic laws as may be enacted at the approaching session of the general 
assembly, and that express authority be given them to change the 
number of sections, transfer sections and chapters, and make such 
purely clerical corrections as may be deemed expedient and which 
do not change the law. 

It has been a matter of great concern and deep regret that the stat- 
ute has not been complied with as to the time of delivery of work by 
the commissioners to the secretary of state. The commissioners and 
their assistants have labored industriously to accomplish the desired 
result, but the difficulties were too great and the labors too arduous. 
Respectfully submitted, 

Thomas B. Womack, 
ISTeedham Y. Gulley, 
William B. Rodman. 

Ealeigh, N. C, December 1, 1904. 



383 



APPENDIX. 



APPENDIX. 



DEPARTMENT OF GEOLOGY. 

Note. The commissioners are of opinion that this chapter as it 
exists in The Code, s. 2198, amended by the laws of 1891, chapter 
417, should be repealed, and that if it is the purpose of the state to 
have a geological survey an act properly safeguarded, and with ade- 
quate machinery, should be passed by the general assembly. 



384 



CAPTIONS. 



Sections. 

AGRICULTURAL SOCIETIES AND FAIRS, 3798—3810 

I. North Carolina Agricultural Society, 3798 — 3802 

Incorporated, 3798 

Officers and their election, 3799 

By-laws, 3800 

Annual fairs to be held, 3801 

Appropriation and application thereof, 3802 

II. County Societies, 3803—3810 

How incorporated, 3803 
How organized; to continue during the will of the legislature, 3804 

Appropriation, 3805 
Albemarle agricultural and fish association; appropriation, 3800 

Funds to be used in paying premiums, 3807 

Annual statements to be made to state treasurer, 3808 

Publication of statements required, 3809 

Records to be kept; may be read in evidence, 3810 

BANKS, 3811—3841 

I. Creation, 3811—3816 

How incorporated, 3811 
Certificates of incorporation; how signed, proved and filed, 3812 

Payment of capital stock, 3813 

Statement filed before beginning business, 3814 

Authorized to begin business, when and how, 3815 

Authority to begin business withheld, when, 3816 

II. Powers and Duties, 3817—3823 

Powers, 3817 
When bank may purchase its stock, 3818 
Reorganization, 3819 
Reserve fund, 3820 
Available funds; .when below reserve; no new loans or divi- 
dends. 3821 
Loans to one person not to exceed ten per cent, of capital, 3822 
Chapter on corporations applicable, 382.3 

III. Stockholders, 3824—3828 

Individual liability of, 3824 

Exemptions in special charters repealed, 3825 

Executors, trustees, etc., not personally liable, 3826 

Transferer not liable, when, 3827 

Stock sold if subscription unpaid, 3828 

IV. Corporation Commission, 3830 — 3835 

May make rules, 3830 

All banking institutions under supervision of, 3831 

Quarterlv reports to; publication in county, 3832 

Special reports, 3833 

Annual report of stockholders, 3834 

Penalty for failure to report, etc., 3835 

V. Bank Examiners, 3836—3841 
Appointed by corporation commission, 3836 
Powers, 3837 

385 



CAPTIONS. 



BANKS — Continued. Sections. 

Reports by, to corporation commission, 3838 

Annual examinations ; expenses paid by bank, 383!) 

Take possession of bank, when; receiver appointed, how, 3840 

May make arrests, when, 3841 

BUILDING AND LOAN ASSOCIATIONS, 3842— 38G3 

I. Creation, 3842—3845 

How incorporated. 3842 
Certificates of incorporation; how signed, proved and filed, 3843 

When to begin business, 3844 

Chapter on corporations applicable, 3845 

II. Stock, 3846—3850 

Married women and minors as holders, 3846 

How new members admitted, 3847 

Limit number of shares owned, 3848 

Payment by installments, 3849 

May issue different classes, 3850 

III. Loans, 3851—3857 

May lend to shareholders, 3851 

Contracts solvable in the state, 3852 

Mortgage to secure, 3853 

May repay at any time, 3854 

How settlements made with borrower, 3855 

Stock may be restored, 3856 

Company may borrow, 3857 

IV. Agents, 3858—3863 

General agents of foreign associations, 3858 

Must be licensed, 3859 

Reports filed, 3860 

Examination fees paid by company, 3861 

Penalty failing to obey law, 3862 

V. Corporation Commission, 3863 

Power of, over, 3863 

BUREAU OF LABOR AND PRINTING, 3864—3867 

Creation of; election; term of office, 3864 

Duties and powers of the commissioner, 3865 

Official reports, 3866 

Appropriation, 3867 

CHARITIES, 3868—3879 

I. Public, 3868—3876 

Board of, created; election of members, 3868 

Meetings; duties; expenses, 3869 

Reports on crime, vagrancy and pauperism, 3870 

Reports on mental and physical infirmities, 3871 

Reports on jails and almshouses, 3872 

Reports of their proceedings, and on state institutions, 3873 

Insane and unfortunate, duty of board as to, 3874 

Public institutions to furnish information, 3875 

Reports from county commissioners; penalties, 3876 

II. Private, 3877—3879 

Accounts to be filed by trustees, 3877 

Actions for account; performance of trust, 3878 

Fees allowed solicitor, 38/9 

386 



CAPTIONS. 



Sections. 
DEPARTMENT OF AGRICULTURE, 3880—3932 

I. Board of Agriculture, 3880 — 3888 

Constitutional provision, 3880 

Established; members appointed, 3881 

Compensation of members of the board, 3882 

Contracts for building and repairs forbidden, 3883 

Powers of the board, 3884 

Officers may be required to give bond, when, 388.5 

Meetings of the board, 3886 

Standing committees, 3887 

Moneys to be paid into the state treasury, 388S 

II. Commissioner of Agriculture, 3889 — 3891 

Election of; vacancy, 3889 

Secretary appointed ; other employees, 3890 

Special duties of, 3891 

III. Duties of the Department, 3892 — 3894 

State chemist to be employed ; duties of, 3892 

To investigate and report on timber interests, 3893 

Special joint duties of commissioner and board, 3894 

IV. Commercial Fertilizers, 3895 — 3907 

Brands on packages to show analysis, weight, etc.; copy filed 
with department, 3895 

Sources of principal ingredients to be furnished to commis- 
sioner, 3890 

Brands and trademarks regulated; standard of quality must 
not be lowered after registration, 3897 

Requisites of lowest grade of fertilizer permitted to be sold, 3898 

Sale of fertilizer below guaranteed quality; powers and duties 
of commissioner; penalty for fraud, 3899 

Use of certain ingredients forbidden, 3900 

Authority to analyze samples, 3901 

Officials and employees of carrier corporations may be required 
to furnish statements of fertilizer shipments, 3902 

Seizure, condemnation and sale of fertilizers unlawfully sold, 
etc., 3903 

Sale, how advertised and conducted, 3904 

Tonnage tax; exemption of certain material; tags; no other 
tax allowed, " 3905 

Unlawful to sell or remove untagged and unbranded fertilizer; 
re-using tags to escape tax; sale of condemned goods regu- 
lated; penalty, 3906 

Specimens of fertilizer may be accepted and distributed for 
experiment; report to be made, 3907 

V. Cotton-seed Meal, 3908 

Inspection of; tax; how branded, 3908 

VI. Concentrated Commercial Feeding Stiffs, 3909 — 3916 

Defined, 3909 

Sample of, how inspected, 3910 

How branded, 3911 

Tax on, 3912 

Sample of, and copy of statement to be filed, 3913 

Samples to be drawn; analysis and publication of the result, 3914 

Seizure, condemnation and sale of contraband goods, 3915 

Duties of commissioner in enforcing this subchapter, 3916 

VII. Pure Food, 3917—3926 

Manufacture and sale of impure food forbidden, 3917 

"Food" and "misbranded" defined, 3918 

What constitutes adulteration, 3919 

What does not constitute adulteration, 3920 

387 



CAPTIONS. 

DEPARTMENT OF AGRICULTURE— Continued. Sections. 

Compound, blended and mixed products to be branded, 3921 

Samples to be analyzed and tested; result published, 3922 

Samples for analysis, how procured, 3923 

Analysis showing adulteration, solicitor's duty, 3924 

Exemptions from the operation of this subchapter, 3925 

Commerce not interfered with, 3926 

VIII. Crop Pests, 3927—3932 

Commission to exterminate, created ; expenses, 3927 

Powers and duties of the commission, 3928 

Summary remedies for eradication; unlawful to harbor, 3929 

Right to enter and inspect premises, 3930 

Reports to the governor, . 3931 

Appropriation and method of disbursement, 3932 

EDUCATION, 3933 — 4195 

I. Application of Chapter, 3933 

This chapter not applicable to certain schools; such schools 

regulated, 3933 

II. State Board, 3934—3939 

Incorporated, 3934 

Officers ; quorum : meetings ; expenses, 3935 

Proceedings recorded, 3930 

Succeeds to powers and property of literary fund, 3937 

Accounts kept; reports made, 3938 

How funds invested, ■ 3939 

III. Swamp Lands, 3940 — 3956 

Reclaimed by state board, 3940 

How expenditures authorized for, 3941 

Purchase and exchange of, 3942 

How title to, vests in board, 3943 

Condemnation of lands; entry on lands for surveying, 3944 

Private lands assessed for benefits, 3945 

Rules for surveying, reclaiming and assessing, 3946 

Engineer, surveyor and other servants, 3947 

Agent's duties, 3948 

Agent may be removed, 3949 

Forfeiture of, for failure to register deeds, 3950 
Title presumed to be in the board; tax titles presumed valid, 3951 

Statute of limitations, 3952 

Sale of, 3953 

Reservations to the state, in sales, 3954 

Actiona by the board ; counsel ; compromise, 3955 

Actions and surveys by others for the board, 3956 

IV. School-house Loans, 3957 — 3960 

Made by state board; 3957 

Terms of, 3958 

How secured and paid, 3959 

Loans by county boards to school districts, 3960 

V. Text-book Commission, 3961—3988 

Created, 3961 

Powers; term of contracts made by, 3962 

Term of office and powers, 3903 

Character and requisites of books to be adopted, 3964 

Exclusive use of books adopted by, 3965 
Can purchase elsewhere when contractor fails to supply; 

teacher allowing other books dismissed, 3966 

Subeommission to be appointed, 3967 

Oath to subeommissioners, 3968 
Examination of books by subeommission, and report thereon, 3969 

388 



CAPTIONS. 

EDUCATION— Co ntinued. Sections. 

Report, when opened and where filed, 3970 

Selection and adoption of books by the, 3971 

Advertisement for bids, 3972 

Bids, how made; contents of, 3973 

Bids and proposals may be rejected, 3974 

Manuscripts and imprinted books may be adopted, 3975 

To deliver sample books to subcommission, 3970 

Adoption of books, 3977 

Contract, how executed, 3978 

Contract; stipulations as to prices, and exchange of books, 3979 

Contract, as to liability of state. 3980 

Contracts may be changed or altered, 3981 

Books must come up to sample, 3982 

Bond of contractor, 3983 

Actions on the bond, 3984 

Deposits by bidders, when returned and when forfeited, 3985 

Prices to be printed on books, 3986 
Agencies for distribution of books to patrons of public schools; 

penalty 3987 
Contract proclaimed bv governor; notices issued by state super- 
intendent, 3988 

VI. Public Schools, 3989—3992 

Uniform system ; compulsory attendance, 3989 

Separate schools for races; no discrimination against either 

race, 3990 

What taught, 3991 

Oath of office taken by officials, 3992 

VII. State Superintendent, 3993 — 3990 

Shall equip office, print and circulate school law; superintend 

public schools, 3993 

Shall construe and enforce law; ascertain best school methods, 3994 
Shall counsel county boards; hold institutes, etc., 3995 

Duties as to loan fund, 3996 

VIII. Funds From the State, 3997—4010 

Special permanent fund, 3997 

Apportionment of income of school fund, 3998 

Apportionment, how paid 3999 

Warrants, how drawn and indorsed, 4000 

Annual appropriation for distribution. 4001 

Warrants, how drawn, 4002 

Annual appropriation to equalize schools, 4003 

Reports required to obtain part of fund to equalize schools, 4004 
State board to fix amount to "be paid each school, 4005 

Statement of apportionment filed with auditor ; warrants issued, 4000 
Schools of less than sixty-five excluded, when, 4007 

What necessary to procure fund for equalizing schools, 4008 

Teachers' salaries as basis for apportionment, 4009 

Excessive appropriations for school-houses exclude from bene- 
fits of this subchapter, 4010 

IX. Funids From the County, 4011 — 4021 

County educational fund for free public schools, 4011 

County officers file list of fines and penalties with county board 

of education, 4012 

Tax lists to have separate columns for school taxes, 4013 

Register of deeds to furnish abstracts of tax lists to county 

board, 4014 

Sheriff's liability, civil and criminal, for failure to settle school 

tax, 4015 

Special tax for support of public schools, 4016 

Special tax may be voted in cities and towns, 4017 

389 



CAPTIONS. 

EDUCATION— Continued. Sections. 

Special tax may be voted in special school districts. 4018 

Apportionment of school funds; reservation of contingent fund, 4019 
Apportionment, basis of, 4020 

Fiscal school year, 4021 

X. County Board of Education, 4022 4037 

Election of; vacancies in, how filled, 4022 

Qualification of members; failing to qualify, vacancy, 4023 

Incorporated; powers and duties of, 4024 

Rules and regulations for schools, teachers and pupils. 4025 

Time of opening and closing schools, 4020 

School-houses, building and approval of; contracts for, 4027 

Power of, to execute school law, 4028 

Removal of county superintendent, members of county board, 

and school committeemen, 4029 

May hold investigations, 4030 

Power to punish for contempt, 4031 

School districts, how formed, 4032 

May accept donations; may sell school property, 4033 
School sites may be acquired by gift, purchase or condemnation, 4034 

Deeds to be filed with clerk; secretary to keep index, 4035 

Meetings of; duties at, 4036 
Superintendent and treasurer to meet with, in July to settle 

all business of fiscal year, 4037 

XL County Superintendent, 4038 — 4047 

Election, qualification and term of office; vacancy, 4038 

Report of election of, to state superintendent, 4039 

Districts in cities and towns may jointly employ, 4040 

Not to teach school; to reside in the county, 4041 

Ex officio secretary to the board; records to be kept, 4042 

To hold teachers' meetings, 4043 

Must advise and may dismiss teachers ; must attend state asso- 
ciation of superintendents, 4044 
Must distribute blanks and books, and advise committees, 4045 
Must make reports to state superintendent, 4046 
To report as to deaf, dumb and blind children, 4047 

XII. School Committee, 4048—4054 

Qualifications and election of; care taken of school-houses, 4048 

To elect chairman and secretary; appeals from, 4049 

Powers and duties as to school property, 4050 

Census to be taken; reports; deaf, dumb, blind and illiterates 

reported, 4051 

To keep record of receipts and expenditures ; purchase supplies, 4052 
Must not overdraw, 4053 

Private schools, committee may contract with ; effect, 4054 

XIII. Treasurer of School Fund, 4055 — 4063 

County treasurer made treasurer of school fund; bond, 4055 

Bond, actions, on. 4056 

To keep detailed account of receipts; to accept money only, 4057 

To pay only such orders as allowed herein, 4058 

To be at his office on last Saturday in month, 4059 
To keep an account with each township and district; annual 

report of balances. 4060 

To report annually to state superintendent and to county board, 4061 

Duties on expiration of his term, 4062 

To exhibit books, vouchers and money to county board, 4063 

XIV. Teachers, 4064—4070 

School committee to employ and dismiss teachers; notice; con- 
tracts, 4064 
Examined by county superintendent ; proficiency ; gradation, 4065 

390 



CAPTIONS. 



EDUCATION— Con tinned. Sections. 
Age, qualifications, certificates, grades and pay of; school 

month defined, 4066 
Salary, how paid; closing schools for non-attendance of pupils, 4067 
Keep record; report to county superintendent; report to state 

superintendent when, 4068 
To maintain order and encourage virtue; to dismiss improper 

pupils, 4069 
Teachers' institutes and schools, how conducted; teachers must 

attend, 4070 

XV. Ceoatan Indian's, 4071 — 4074 

Separate schools for, 4071 

County board to carry provisions into effect, 4072 

Pro rata share of school funds kept separate, 4073 

General school law applicable, 4074 

XVI. School Libraries, 4075 — 4082 

How established; duties of school officials; manager appointed. 4075 

State board of education to contribute, 4076 

Books and book-cases, how purchased, 4077 

Rules to be made by state superintendent, 4078 

Exchange of libraries, 4079 

Enlargement of libraries, appropriations for, 4080 
Number of libraries limited; cities and towns excluded when. 4081 

Additional appropriation of state funds, 4082 

XVII. Normal Schools, 4083—40110 

State board may establish; also preparatory department; may 

remove or close existing schools, 4083 

Beneficiaries expected to teach three years, 4084 

State board of examiners ; powers and duties, 4085 

Boards of directors, election and powers of, 4086 

Treasurer's duties, 4087 

Appropriations distributed, 4088 

Special conditional appropriation to Slater school, 4089 

Appropriation, 4090 

XVIII. Blind; Colored Deaf and Dumb, 4091 — 4105 
Incorporated, 4091 
Directors, how appointed, 4092 
President, executive committee, and other officials, how elected, 4093 
When board to meet, 4094 
Who admitted; how admission obtained, 4095 
Curable blind admitted, 4096 
Pupils from other states admitted, when. 4097 
Board may confer degrees, 4098 
Officers elected, when, 4099 
State treasurer, treasurer of, 4100 
Board may remove officers, when, 4101 
Employees, how paid, 4102 
When clothing, etc., for pupils paid for by state, 4103 
Garden for schools, 4104 
Farm, vested in, 4105 

XIX. Deaf and Dumb, 4106 — 4110 

Incorporated, 4106 

Directors, how elected, 4107 

To educate pupils; who admitted to, 4108 

Power of board, 4109 

Power and duties of board of directors, 4110 

XX. Agricultural and Mechanical College — White, 4111 — 4124 

Appropriations by congress, 4111 

Incorporated, 4112 

Object of, 4113 

391 



CAPTIONS. 

'EDUCATION— Continued. Sections. 

Management of. 4114 

Meetings; president; executive committee, 4115 

Board of visitors, 4110 

Lands and other property, 4117 

Land script fund, 4118 

College officers and instructors, 4119 

Free tuition, 4120 

Experiment station, 4121 

Sewerage connections, 4122 

Maintenance, 4123 

Uses of building, 4124 

XXI. Agricultural and Mechanical College — Colored, 4125 — 4132 

Establishment and name, 4125 

Leading object of the college, 4120 

Management of, 4127 

Meetings; compensation; executive board, 4128 

Powers of trustees, 4129 

Admission of pupils. 4130 

Property; donations; funds, 4131 

Apportionment for maintenance, 4132 

XXII. Appalachian Training School, 4133 — 413