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UNIVERSITY OF N.C. AT CHAPEL HILL

00035473273

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PUBLIC LAWS

STATE OF lORTll CAROLmA,

PASSED r.Y THE

QENER^'VL ASSEMBLY

SESSION 1870-71,

UEGUN AXD ITELD IN THE

CITY (IF RALEIGH ll.\ THE SIXTEENTH OP N0VE)1BER, 1870 ;

TO WHICH ARE PREFIXED

THE CONSTITUTION OF THE STATE AND A REGISTER OF STATE OFFICERti
3IEMBERS OF THE GENERAL ASSEMBLY AND JUDICIARY,

THE AUDITOirS STATEMENT OF THE PUBLIC REVENUE
AND EXPENDITUEE.

PVBLISHEn BY* ^UTMORITY".

RALEI(I]I:

JAMES H. MOOKE, STATE PRINTER AND BINDER.
18 71.

345.1

MEMBERS OF THE GENERAL ASSEMBLY,

AND THE

.TUDICIARY,
FOR THE Y^EA.R 1870. ;

OFFICIAL REGISTER

FOR THK

YEA-RS 1870-'71.

STATE (iOVKlJXMFAT.

Too 11. Oai>]>wI';i.l, . . . .lUirke Comity. Governor.

E. J. AVakrkn, Tleautbrt County, President of the Senate.

II. ,T. Meaning KK, Craven County Secretary of State.

IIk^'derson Ai>Aii>.. . . .Davidson County Auditor.

D. A. JenivIns. (4aston County, Treasurer.

C L. IIarrfs. Rutherford County, Sup't. Pul>hc Works. *-

S. S. Asiii-EY, Xew Hanover County, . . Supt, Public Instruction.

W. M. Shut. Mechlenburi>: County,. . .Attorney GeneraL

THE Jr]>i( lAliV

Sl'PREME COURT.

NAitES. UeSIDH-VCBS.

Richmond M. Pkausox. C'iiief JuHtic-e, . . . . jiiclnnond ]Iill, Yadkin Co.,

Ei). G. Rkadh, Associate Justice, Uux])oro', Person County,

Wm. p. Rodman, Associate Justice. Wa.«hini>-ton, Peaufort Co.,

RoBT. P. DrcK, Associate Justice (rreenc-horo, fTuilford County.

Natuanipii- lioYDEN, Associatc Justice, kSalisi.airy, Rowan Connty,

J. M, McC(,)Rklk, Reporter, SaUshury, Rowan County,

AVir. II. pA(rT.K\, Clerk Raleigh. Wake County,

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

VI REGISTER OF STATE OFFICERS.

SUPEEIOR COURTS.

District. Names. Kesidencbs.

1 Charles C Pool, Elizabeth City,

2 W. A. Moore, Plyinoutli,

3 W. J. Clarke, Newbeni,

4 Daniel L. Russell, Wilmington,

5 Ralph'JP. Buxton, Fayetteville,

6 Samuel W. Watis, Franlilinton,

7 Albion W. Tourgee, Greensboro',

8 John M. Cloud, Roc' ford, Surry county,

9 Geo. W. Logan, Rutlierfordton, ^

10 Anderson Mitchell, Statesville,

11 James L. Henry, Aslieville,

12 Riley H. Cannon, Frankli)i, Macon county.

DISTRICT SOLICITORS.

1 J. W. Albertson, Ilertiord,

2 JosEi'H J.jMartin, "Williamston,

3 John Y. Sherrard, Goldsboro',

4 John A. Richardson, Elizabethtown,

5 Neill McKay, Lillington.

6 William R. Cox, Raleigh,

7 J. R. Bulla, Asheboro',

8 A. H. Joyce, Danbuiy,

9 Wm. p. Bynum Lincolnton,

10 W. P. Caldwell Statesville,

11 Virgil S. Lusk Asheville,

12 R. L. Henry Franklin.

. 1

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Fayetteville, Cumberland '
Clinton, Sampson '
Smithfield, Johnston '
Goldsboro', Wayne '
Raleigh, Wake '

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HOUSE OF KEPRESENTATIVES.

Thos. J. Jakvis, Tyrrell County, Speaker.

COUNTIES.

NAMES OF MEMBERS.

RESIDENCES.

Alamance,

Col. A. C. McAlister,

Company Shops,

Alleghany,

Robert Gambrel,

Gap Civil,

Ashe,

Dr. J. 0. Wilcox,

Jetlerson,

Alexander,

J. M. Carson,

Taylorsville,

Anson,

Wm. E. Smith,

Morven,

Beaufort,

Thomas Sparrow,

Washington,

Bertie,

P. Eobbins,

Windsor,

Bladen,

A. W. Fisher,

Elizabeth town,

Brunswick,

John A. Brooks,

Little River, S. C.

Buncombe,

A. D. Johnston,

Asheville,

Burke,

J. C. Mills,

Morganton,

Cabarrus,

J. L. Henderson,

Concord,

Caldwell,

Ed. Jones,

Patterson,

Camden,

John L. Chamberlain,

Camden, C. H.

Carteret.

L. W. Martin,

Beauiort,

Caswell,

E. A. B. Withers,

Yanceyville,

Catawba,

K. R. B. Houston,

Catawba Station,

R. J. Powell,

Pittsboro',

Chatham, ■■

John A. Womack.

Pittsboro',

Cherokee,

B. K. Dickey,

Murphy,

Chowan,

John Page,

Ed en ton,

Clay,

J. S. Anderson,

Fort Hembree,

— - Cleaveland,

Lee M. McAfee,

Shelby; •

Cabarrus,

C. C. Gore,

Whiteville.

(

Richard Tucker,

Newbenie,

Craven. -,

E. K. Dudley.

Newberne,

(

Geo. B. Willis,

Newberne,

Cumberland, ■

C. W. Broadfoot.
J. H. Currie,

Fayetteville,
Fayetteville,

Currituck,

J. Woodhouse,

Poplar Branch,

TA -J \

Jacob Clinard,

Midv,-ay Post Office,

JJavidson,

Jacob T. Brown,

Lexington,

Davie,

Jas. Kelly,

Mocksviile,

HOUSE OF REPEESENTATIVES.— (6'c>/i^/n?/t^<?.)

COUNTIES.

NAMES OF :srEMBERS.

RESIDENCES.

Dnplin,

Edgecombe,

Forsytlie,

Franklin.

Gaston,
Gates.

Granville,

Greene.
Guiliord.

Halifax.

Harnett.

Haywood.

Henderson.

Hertford,

Hyde.

Iredell.

.lads so 11.

.lohnstun.

Jonet',

Lenoir,

Lincoln.

Macon,

Madison,

Martin.

McDowell.

Mecklenburg,

Mitchell,

Montgomery,

Moore,

]Na6h,

(

John H. Stanford,

N. E. Armstrong,

R. M. Johnson.

|W. Bunn,

iJohn P. Nisson,

John H. Williamson,

' James T. Harris,

J. G. Gnlliek,

Rid dick Gatling,

E. B. Lyon,

T. L. Hargrove,

W. H. Reavis.

B. S. Hardy, '

Jonathan Harris,

S. C. Rankin,

J. J. Goodwyn..

John Bryant,

Xeill S. Stewart,

W. r. AVelch,

W. Brownlow Morris.

W. Xcwsom,

W. H. Lucas,

J. H. Hill.

Thos. A. Nicholson,

T. D. Bryson,

Jesse Hinnarit.

W. II Jovner.

B. L. Brvan.

W. F. Left in.

David Kincade.

J. L. Robinson,

Nat. Kelsey,

Ge(». A. Gregory,

J. ('. (Grayson,

R. V. Warinir,

J. So!. Reid,''

S. M. Colli?;

J. G. Morgan,

Alexander Kellv.

J.A.Drake,

Kenansville,
Hallsville,
Tarboro",
Battleboro',
Salem,
jLonisbnrg,
jPacific,
iSonth Point,
JGatesville,
|Franklinton,
Oxford,
I Henderson,
Snow Hill,
Westminster,
McLean sville,
[Halifax,
Halifax,
lAversboro',
iWaynesville,
Hendersonville.
! Win ton,
|Lake Landing,
jStatesville,
! Eagle Mills,
jWebster,
|Earpsboro',
|Boon Hill,
iKinston,
iKinston,
Castania Grove,
Franklin.
Ivey.

•IlaiuiitoM,
Hridgewater,
jCharlotte,
: Providence,
I'akersville,
Sandersville,
Carthage,
Ililliardfiton,

XII

REGISTKK OF STATK OFFICERS.

HOUSE OF REPRESENTATIVES.— (6'6>?;f/7?^/«/.)

oorNTii<>

New lIauo\-er ■

Nortliamptoii, ■

Onslow.

( )raiio:e, -,

Pasquotank,
l^evqnhnans.
Person,

Pitt, -)

i^olk,

Randolph. ]

Piclunond.

Robeson. ■

Rocking-liam, •,

ivowaii. •

Rntlieriord,

Sampson,

Stanly,

Stokes,

Surry,

Transylvania.

Tyrrell

Pnion.

Wake.

AVarren,

"VVasliiugtoJi;
Watauga,

Wayne,

NAMES OF MEMBERS.

Samuel A. Ashe,
Geo. Z. French,
G. L. Mabson,
Samuel N. Buxton,
Burton TT. Jones,
James G. Scott,
F. N. St^ud^^^ck,
0. 0. Atwater,
jThos. A. Sykes,
|T. E. J)arden,
!h. T. Jordan,
iB. S. Atkinson,
;C. Joyner,
I John Garrison,
I Jonathan Lassiter,
Is. F. Tonilinsou,
{Robert Fletcher,
,TJios. A. McNeill,
!H. B. Regan,
I A. B. Johns,
iDayid Settle,
iW. H. Crawford,
!F. N. Luckey,
I J. M. Justice,
|j. R. MaxNvell,
I Job 11 Furr,
|J. G. H. Mitchell,
IH. C. Hampton,
|J. C. Duckworth,
i J. J. Jar vis,
iC. M. J. McOauley,
!T. W. Young,
jW. W. Morgan, •
Stewart Ellison,
|W M. Cawthorne,
iRiehard Faulkner,
!l). C. Guvtbcr,
■'W. F. Shull,
|D. E. Smith,
'Edv/in G. Copeland,

RESIDENCES.

Wilmington,
Wilmington,
Wilmington,
Jackson,
; Jackson,
'Jacksonville,
Hillsboro',
'Snipes' Store,
, Elizabeth City,
,P>elvidore,
iRoxboro',
jGreenville,
'{Marlboro',
Columbus,
jLassiters Mills,
Bush Hill,
Rockingham,
jShoe Heel,
jLumberton,
iLeakesville,
jWentworth,
Salisbury,
Salisbury,
Rutherfordton,
Dismal,
Albemarle,
I Red Shoals,
[Mount Air\-,
I Brevard,
i Columbia,
IMonr^^e,
jRaleigh,
I Raleigh,
jRaleigh,
Warrenton,
IWarrenton,
jPlymouth,
[Valley Crucis,
I Dudley Depot,
iGolds])oro',

HOUSE OF REPEESENTATIVES.— (6b?iiJm«cc/.)

COUNTIES.

NAMES OF MEMBERS.

RESIDENCES.

Wilkes,
Wilson,
Yadkin,
Yancey,

Tyre York,
J. W. Dunliani,
J. G. Marler,
C. F. Young,

Trap Hill,
Wilson,
Yadkin ville,
Burnsville.

LIST

COMMISSIONERS OF AFFIDAVITS

IN THp;

SEVERAL STATES AND TERRITORIES

AXD IN THE

DISTRICT OF COLUMBIA,

FOR THE

STATE OF NOETH CAROLINA

C0MMIS3I0NDKS OF AFFIDAVITS.

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COMMISSIONERS OF AFFIDAVITS. XII

^ c^ Go^cT cT cT S P P S^

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March 20,
April 1
" 6
February 10
May 23

27
June 5

September 1
April 1
September 1
February 22

O tH T-H (X^ '-^ tH

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May 20

J une 1

January 6

May 20
March 5
April 25
June 1,

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COMMISSIONEKS OF AFFIDAVITS.

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o

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o
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May 15, 1870,
January 27, 1869.
April 7, 1871',
November 13, 1869,
December 30, "
November G, "

17, "
January 5, 1869,
May, 26,' "

20, "
September 20, "
November 16, "
May 5, "
November 13, "

11, "
December 14, "
November 10, "
October 21, 1868,

February 23, 1870,
October 28, 1868,
March 31, 1871,
Aui^ust 25, 1869,

25, "
November 12, "
June 1, "

May 20, 1869.

20, "
September 10, "
May 20, "
" 3, "
June 22, "
September 1, "
Auo'iist 28, "
Jnne 1, "

Charleston,
Memphis,

Summcr^'illo,

Memphis,

Galveston County,

Norfolk,

Petersburg,

Suffolk,

Norfolk',

a
a
a

Eichmond,

County of Norfolk,

Eichmond,

Norfolk,

Thomas Frost,
Henry P. Woodard,
Josiah W. Wescott,
James E. Temple,
John C. Ecevco,
Hudson Carey,
E. D. Johnson,
S. P. Ginn,
Alex, Donnan,
John E. Kilby,
Warren G. Elliot,
Frank A. Wilcox,
T. E. Borland,
Gilbert Elliott,
Tlios. W. ITpslier,
E. E. Hunter,
E. M. Garrett,
W. B. Martin,

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CAPTIONS

OF THE

PUBIIC ACTS OF NORM CMOlMil

CAPTIONS

TO THE

PUBLIC ACTS AND RESOLUTIONS.

SESSION 1870-'71.

Ch after. Paob.

1. An act to provide for a special term of the superior captions to pub-

court of Davidson county, 41 lie acts.

2. An act to extend the time for collecting and pay-

ing over taxes for county purposes for county

ot Cleaveland, 42

3. An act to abolish office of state printer and for

other purposes, 43

4. An act appointing commissioners to take certain

depositions relative to senatorial election in
counties of Granville aud Person, 43

5. An act concerning townships in county of Jack-

son, 45

6. An act for relief of John D. Davis, sheriff of

Carteret county, 46

7. An act to repeal an act entitled " an act to secure

the better protection of life and property,"
ratified Jan. 29th, 1870, 47

S. An act in relation to the keeper of the capitol, 47

9. An act to extend the time for collecting and pay-
ing over taxes in Alamance and Caswell, 4S

10. An act to appoint two commissioners to take depo-

sitions in the matter of the contested election
for Wayne county, 48

11. An act to repeal an act in relation to mileage and

per diem, ratified Nov. 26th, 1869, 49

xxTv CAPTIONS.

Chapter. Page.

Captions to pub- •^^' ^^^ ^^'^ ^^^ relation to an election to till vacancy in
lie acts. 26th senatorial district, 50

13. An act to restore to the Western Railroad compa-
ny its original chartered privileges^ to regulate
appointment of state directors, and to define
the vote of the state in the o-eneral meetino-s
ol the stockholders of said company, 50

14. An act to relieve Thomas F. Baxter, sheriff of Cur-
rituck lor failure to pay state taxes, 52

15. An act to repeal chapter 52, laws of 1S6S and

1869, 53

16. An act to repeal certain parts of chap, -ll, ol an
ordinance ratified March 13th, 1808, 53

17. An act for relief of James Cashwell, tax collector
of Bladen county, 54

IS. An act to fix per diem and mileage of members
and ofiicers of the general assembly ol IS 70
and 1871, 54

19. An act in relation to the special tax money in the
treasury, 55

20. An act to provide lor the removal of certain suits,
actions and causes from one judicial district
to another, o6-

21. An act to extend the time for collecting and pay-
ing over the taxes for county purposes for the
county of Martin, 57

22. An act for the relief of John Ilorton, sherift' of
Watauga county, 58

23. An act declaratory of the meaning of the act enti-
tled an act to repeal certain acts passed at the
session of 1868 and 1869, making appropria-
tions to railroad companies, ratified March 8th,

1870, and for other purposes, 58

24. An act in relation to municipal elections, 60

25. An act in relation to burnt records of Clay county, 62

26. An act to authorize county commissiones of Ran-
dolph county, to appoint a tax collector, 65

CAPTIONS. sry

Chapter. Page.

27. An act to repeal chap. 32, public laws of 1S69 and SSct?' ^° ^^^

1870, aud for other purposes, QQ

28. Articles exhibited by the Ilonse of EepresentatiTes

of the state of Xortli Carolina, in the name of
themselves and all the people of the state oi
North Carolina, against AVilliam W. Ilolden,
governor of the state ot Nortli Carolina, in
niaintenance and support of their impeach-
ment against hira, for high crimes and misde-
meanors in his said othce, 67

29. An act to authorize construction of a turnpike

road from Malone & Wilson's store, in Mc-
Dowell count}^ to Flat creek, in Buncombe
county, 83

30. An act for the relief of the slierilf of Chatham

county, 85

31. An act for the relief of John S. Johnston, sheriff

of Rockingham county, 85

32. An act for the relief of F. W. Bell, slieriff of Ber-

tie county, 86

33. An act for the relief of Roderick McMillan, sheriff

of Robeson coimty, 86

34. An act to allow the legal representatives of John

Turner, late sheriff' of Orange county, and of
Logan H. Lorans, late sheriff' of Lincoln coun-
ty, to collect arrears of taxes in 1868, 1869 and
1870, 87

35. An act to alter chapter 6 ot revised code, concern-

ing the North Carolina Institution for the
Deaf and Dumb and the Blind, 88

36. An act to allow enterers of vacant land further

time to obtain grants from the State, 89

37. An act to empower county commissioners of Da-

vidson to appoint a tax collector, 89

38. An act to allow tlie commissioners or other mu-

nicipal authority of any city or town or incor-

lie acta.

xsvi CAPTIONS.

Chaptbr. Paob.

Captions to pub- porated village to buy and hold real estate

for the purpose of a cemetery, 90

39. An act to supply a temporary deficiency in the
treasury, 90

40. An act for the reliet of sheriti' of Alexander
coimty, 91

41. An act for the relief of the penitentiary, 91

42. An act to suspend the code of civil procedure in
certain cases 92

43. An act to repeal sections 7 and 8 of an act in rela-
tion to punishment, chapter 167, public laws
of North Carolina, 1868-'69. 94

44. An act to authorize and empower the govern-
ment of the United States to purchase and
hold lands in North Carolina for the purpose
of erecting lighthouses thereon, 95

45. An act to authorize J. C. Griffith, sheriff of Cas-
well county to collect arrears of taxes, 96

46. An act for the general relief of sherifis and tax
collectors, 97

47. An act to incorporate the "Wilmington and Onslow
railroad company, 98

48. Replication by the House of Bepresentatives of
North Carolina to the answer of William W.
Holden, governor of the State of North Caro-
lina, to the articles of impeachment exhibited
against him by the House of Representatives, 103

49. An act to incorporate the Warrenton Railroad
Company, 104

50. An act to repeal an act entitled " an act to change
part of the line that divides Burke and Mc-
Dowell counties, 108

51. An act to supercede the special terms of the supe-
rior courts of Craven and Lenoir counties, 108

52. An act for the relief of the sureties of J. W. C.
Piercy, deceased, late tax collector of Chero-
kee county, 109

CAPTIONS. * xxviT

Chaptbb. Page.

53. Order of the House of Representatives relative to Captions to pub-

lie &ct3

amendment of article 8 of impeachment of
William W. Holden, governor of North Caro-
Carolina, 110

54. An act to allow the commissioners of Orange

coimty to levy a special tax, 111

55. An act concerning the poor house ot Lincoln

county, 111

o6. An act in relation to election of keeper of the

capitol, 112

57. An act to provide for the election of a tax collector

for Lincoln county, . 112

58. An act to return to the Wilmington, Charlotte

and Rutherford Railroad Company its first
mortgage bonds in exchange for other bonds
of the company, 113

59. An act to authorize the levy of a special tax for

Person count}', 115

60. An act in relation to the pay of witnesses attend-

ing the court of impeachment, 116

61. An act to amend an act entitled " an act to regu-

late the manner of applying for pardons,"
chapter 171, ratified March 2Sth, 1870, 116

62. An act creating a commission to inquire into

charges of corruption and fraud, 117

63. An act concerning a convention of the people, 119

64. An act to incorporate the North Carolina Railroad

and Manufacturing Company, 126

65. An act in relation to printing the general statutes, 127

66. An act to authorize the commissioners of Clay

county to levy a special tax for certain pur-
poses, 128

67. An act for the benefit of the Western North Caro-

lina Railroad Company, 128

68. An act authorizing the governor to ofler a reward

for the arrest of Henry B. Lowery and others, 130

XXVIII CAPTIONS.

Chapter. Page.

<Japtions to pub- 69. An act to charter the Tennessee River Turnpike
^icacts. Conipan}', 131

70. An act in relation to the public library, 133

71. An act to authorize the commissioners of Onslow

county to adjust the tax lists now in the hands

of the sheriff, 185

72. An act to compel the president and directors of the

several railroads in this state to account with
their successors in office for the property and
effects of said companies, 13G

78. An act for the relief of G. 13. Threadgill and J. L.
Moore, foruier sheriffs of Anson and Macon
counties, 137

74. An act to make a failure to work on public roads a

misdemeanor, 138

75. An act making the South Yadkin Kiver, in the

counties of Rowan and Davie, a lawful lence, 138

76. An act in relation to vac^ancies occurring in county

offices, 139

^77. An act relative to sale of land by the commis-
sioners of the town of Marion, in McDowell
county, 139

78. An act to authorize construction of a toll bridge

across the Yadkin River, at or near Elkin, 140

79. An act in favor of Nathaniel R. Jones, sheriff of

Warren county, 141

SO. An act in relation to the capitol square and public
grounds in the city of Raleigh, and for other
purposes, 142

81. An act in relation to salaries and fees of state

officers, 143

82. An act to provide for the payment of the necessary

expenses on requisitions of the governor, for
fugitives from justice in other states, 145

83. An act to authorize the public treasurer to pay

money to erect the penitentiary, 140

CAPTIONS. XIX

CffAPTEB. Page.

84. An act declaratory of the meaning of section 34, Captions to pub-

chapter 2^5, of the hiws of 1S69 and '70, and
for other ]>nrposes, 146

SS. An act to amend an act entitled " an act relative
to the Western Turnpike road leading from
Asheville westward," 147

■•86. An act to restore and reinstate records of the several
courts in the state destroyed by fire and otlier-
M-ise during the late war, 14^1

S7. An act to legalize the acts of the justices of the

peace of Brunswick county, 149

SS. An act to amend an act entitled an ''an act to in-
corporate the Atlantic, Tennessee and Ohio '-
Eailroad Company, 150

• 89. An act defining the authority of tax collectors, 151

:90. An act to prohibit justices of the peace from prac-
ticing as attorneys at law in certain cases, 152

91. An act to authorize Robert M. Stafford, sheriff of

Guilford county, to collect arrears of taxes, 153

92. An act to authorize the county commissioners of

Alamance and Davidson to revise the jury
lists of said counties, 153

93. An act in relation to bonds to be given by adminis-

trators, executors and collectors, 154

'94. An act to establish a new county by the name of

Swain, 155

95. An act to incorporate the lioanoke and Tar river

railroad company, 150

96. An act to repeal section ."), cha}>ter SO, of the laws

of 1S5(> and'57, 159

';97. An act to establish the Whiteside mountain turn-
pike in Macon and Jackson, 159

'i)S. An act to authorize the comn)issioners of Yancey

county to levy a special tax, 161

'99. An act concerning del its contracted ly municipal

corporations, 162

XXX CAPTIONS.

Chaptbr. Pagbi.

Captions to pub- iQO. An act supplemental to an act in relation to the
lac acts. . .

fowling interests in the waters of Currituck

sound, ratified December 23d, 1870, 16S

101. An act to provide for the levying of a special tax

in Bertie county, 164:

102. An act in relation to taking tish trom the north-

east branch of Cape Fear and for other pur-
poses, 16^

103. An act to punish officers and agents of railroad

companies and other persons for embezzlement
and other offences, 165

104. An act to repeal an act authorizing commissioners

of Jones county to levy a special tax, and also
an act to allow the county commissioners of
Jones county to levy a special tax, 16T

105. An act in relation to copying the laws for the pub-

lic printer, 16T

106. An act to repeal certain parts of chapter 170, acts

of 1868 and '69, 168

107. An act to extend the time of J. M. Roane, sheriff

of Macon county for making settlement with
county treasurer, 169

108. An act to cure certain irregular proceedings in the

jurisdiction of the courts in special proceedings, 169

109. An act in regard to Roderick McMillan, sheriff of

Robeson county, 170

110. An act to encourage immigration into North Caro-

lina and to increase the capital of the state, 171

111. An act to repeal certain sections and parts of sec-

tions, and to amend others in chap. 270, laM's

of 1868 and '69, 172

112. An act concerning elections in this state, 173

113. An act to amend section 21 of an ordinance of the

convention of 1865-'66, entitled "an ordinance
respecting the jurisdiction of the courts of this
state," ratified June 23d, 1866, amended and

CAPTIONS. XXXI

Chaptkb. Page.

re-ratiiied bv the convention ol 186S, March Captions to piib-

14th, 1868/ 174 ^'*'=^''

114. An act authorizing the commissioners ot Chatham

connty to issue bonds, 176

115. An act to incorporate tlie Yancey ville, Danville

and Coalfield Railroad, 177

116. An act to amend sec. 1, chap. 122, laws ot 1869-'70,

relative to entries of land in Jackson connty, 183

117. An act to incorporate the Petersburg and Greens-

boro' railroad company, 184

118. An act to amend section 18, chapter 229, laws of

1869-70, entitled an act to raise revenue, 187

119. An act to authorize the commissioners of Gnilford

county to issue bonds, 187

120. An act to repeal chapter 46, laws of 1868-'69,

and chap. 13, laws ot 1869-70, and to re-
enact chap. 9 of revised code, entitled "[attor-
neys at law," ISa

121. An act to amend section 47, chapter 93, laws of

1868-69, 189

122. An act providing for tlie support of the insane

asylum for the next fiscal year, 190

123. An act to authorize tax collectors to collect taxes

which shall be due and unpaid, 191

124. An act in relation to convicts, 191

125. An act to change the line between the counties of

Wilkes and Alleghany, 193

126. An act to prevent the felling of trees into Little

river, 193

127. An act to incorporate the Iliawassee and Cheoah

turnpike company, 194

128. An act to amend the charter of Cheoah turnpike

com pan}', i9(j

129. An act to annex part of Rutherford county to

Burke county^ 297

130. An' act to provide for the appointment of commis-

sioners of wrecks for Hyde county. 19S

xxxn CAPTIONS.

Chajptee. Page "

Captions to pub- 131. All act requiring sherifis and coroners to give
^<^^^^^- notice to parties in whose tavor they may have

process for collection of money, 19S

132. An act to amend sections 9 and 10, chap. 8, of an

act relative to the western turnpike road, e^c,
passed session 1868-69, 200

133. An act to suppress secret political organizations, 200

134. An act to repeal certain sections of an act ratified

August 17th, 1S6S, entitled an act to organize

a militia of North Carolina, 202

135. An act to authorize the county commissioners of

Macon county to levy a special tax, 202

136. An act to change the tinie of holding the spring

term of the superior court for the county of
Martin for the year 1871, 203

137. An act to compel sheriffs to settle public taxes, 20-1

138. An act making an appropriation for the deal, and

dumb and blind asylum, 205

139. An act in relation to tees of county officers and

the supreme court clerk. 205

140. An act to amend chapter 160. laws of 1868-69, 213

141. An act amendatory of an act entitled " an act to

establish burnt records, cV'c, in Clay county, 214

142. An act to provide for the levying a special tax in

Perquimans county, -^1'^

143. An act relative to the Western Turnpike road, 216

144. An act to authorize the county commissioners of

the counties of Polk and Jackson to levy a
special tax,

145. An act to charter the Catawba Valley railroad, 217

146. An act to lay out and construct a road through

Ashe county, -'-''•

147. An act to amend chapter m of public laws of

lSG9-'70, to construct a road through the
counties of Aslie and Alleghany,

148. An act to lay out and-c-onslruct a public road from

21 r»

223

CAPTIONS. XXXIII

■Chaptek. Page

the town of Sparta, in Alleojhany county, to Captions to pub-

the Virginia line, ^ ' 22J:^^"*'^-

149. An act to construct a railroad from Kenansville in

Duplin county, to Clinton in Sampson county, 225

150. An act to incorporate the Oxlord and Henderson

railroad company, 229

151. An act to extend the time of George Kicks, former

slierift of Yadkin, and others to settle with
tlieir county treasurers, 232

152. An act to authorize the commissioners of Anson

county, to levy a special tax for the county
purposes, 233

153. An act to legalize cel'tain acts of the county com-

missioners of Mitchell county, . 234

154 An act authorizing the county commissioners of

Tyrrell county to levy a special tax, 234

155. Articles exhibited by the house of representatives
ot the state of North Carolina in the name of
themselves and all the people of the state of
North Carolina, against Edmund W. Jones,
judge of the second judicial district of North
Carolina in maintenance and support of their
impeachment against him for high misde-
meanors in office, 235

150. An act su]->])lemental to an act entitled "an act
creating a commission to enquire into charges
of corrii)>tion and fraud," ratified Fel)ruary 8th,
1>;71, 238

157. An ai-t (.1 limit the powers of township trustees

witliin tlie counties of Cherokee, Clay, Jack-
son, Henderson, Madison, Watauga and Car-
teret, 231>

158. An act to autliorizethe commissioners of Cabarrus

county to levy a s])ecial tax, 240

159. An act authorizing the county conunissioners of

Hertford county to levy and collect a certain ,

tax, 241

XXXTV

CAPTIONS.

Captions to pub-
lic acts.

243

244

245

246
247

248
249

Chapter. Page,

160. An act to abolish the special courts of the cities

of Newbern and Wilmington,

161. An act to change the time of holding the suj^erior

court of New Hanover county,

162. An act in relation to road steamers,

163. An act for the relief of the tax payers of Buncombe

county,

164. An act to authorize the Albemarle Swamp Land

company to construct a railroad from Pantego
to Indian river in Beaufort county,

165. An act in relation to obstructions in ISTottalah and

Iliawassee rivers in Cherokee county,

166. An act to amend section 199, chapter 4, ot the

code of civil procedure concerning attach-
ments,

167. An act to incorporate the Georgia and North Car-

olina Railroad company,

168. An act to amend section 1, chap. 208, public laws

of 1868 and 1869 entitled "an ac^t to provide
for the election of commissioners of naviga-
tion and pilotage ior the port of Beaufort,
North Carolina,

169. An act to authorize the commissioners of Stokes

to levy a special tax,

170. An act to authorize the commissioners of Pock-

ingham county to issue bonds for the purpose
of funding and paying off the county debts,

171. An act to change the line between the counties of

Edgecombe and Nash,

172. An act to incorporate the Kinston and Kenansville

Pailroad company,

173. An act to provide tor a tax collector for Gaston

county,

174. An act to incorporate the Statesville air-line rail-

road company, 260

175. Aa act defining the duties of the keeper of the

capitol, 262

252

253

254

256

257

259

CAPTIONS.

XXXV

Chapter. p^gj,_

176. An act to reduce the bond of the superior court captions to pub-

clerk and probate j udge of Dare county, North ^^ ^^^^•

Carolina, from $10,000 to $3,000. 263

177. An act concerning municipal officers, 264

178. An act to enable the Northwestern North Coroli-

na railroad company to complete their road to
Salem, 265

179. An act to amend an act to provide for the enlarge-

ment, increase of depth, and completion of the
Albemarle and Chesepeake canal, ratified on
second day of February, 1857, and to repeal
and amend certain other statutes, 267

ISO. An act to extend the time for the registration of

grants, deeds and other conve3^ances, 268

181. An act supplemental to an act passed at the

present general assembly, entitled "an act to
lay off and establish a county by the name of
Swain, 269

182. An act to change the time of holding the spring

term of the superior courts of Beaufort and
Pitt counties for the year 1871, 276

183. An act to authorize the commissioners ot John-

ston county, to issue bonds for the purpose of
funding and paying off the county debt, 277

184. An act for the protection of fair grounds, 278

185. An act to incorporate the Warrenton and Macon

Tun]])ike company, 280

186. An act in relation to fishing in the waters of Pam-

lico and Tar rivers and Tranters creek, 281

187. An act in relation to the meadows of Rockingham

county, 282

188. An act requiring all state, county and municipal

officers to be voted for on a separate ballot, 284

189. An act to incorporate the Haywood and Cane

creek railroad company, 284

190. An act to antliori/.e the county commissioners of

Nash county to levy a special tax, 289

XXXVI

CAPTIONS.

3ic acts.

Chapter. Page

Caption.s to pub- 191. An act for the better government of the penitenti-
ary, 290

192. An act for the relief of J. W. Schenck, jr., sheriff
of l^ew Hanover county, 291

193. An act to regulate the right of voting in cases
where county lines liave recently been altered, 292

19-i. An act to amend "an act to declare the Brevard

French Broad and Jones' Gap road turnpike," 293

195. An act to amend an act to provide for the collec-
tion of taxes by the state and the several coun-
ties of the state on property, polls and income,
ratified the 2Sth day of March, A. D. 1870, 294

196. An act to amend " an act to incorporate the plan-
ters lailroad company, 314

197. An act to amend section 31 of chap. 201, of the
act of April 12th, 1869, 315

198. An act to authorize the commissioners of Mitchell
to lev}' a special tax, 316

199. An act to authorize the commissioners of Curri-
tuck county to levy a special tax, 31f!

•.200. An act to authorize the comnn'ssioners of Moore

county to issue bonds, 317

201. An act to authorize the commissioners of Alamance

to levy and collect a special tax, 31f>

.202. An act concerning the annexation of a portion of

Caldwell coimty to the county of Watauga, _ 319

203. An act to repeal an act for the better preservation
of the public health, by establishing suitable
(juarantino regulations for Beaufort harbor,
North Carolina, 319

204. An act authorizing E. B. Webster and Ilobert
Lewis sureties on the official bond of Walker
Smith, late sheriff of Eockingham county, to
collect arrears of taxes, 320

505. An act to prevent the felling of trees in the Yad-
kin river, 321

CAPTIONS. xxxvTt

Chapter. Page.

206. An act in favor of the sureties of Hugh B. Guthrie, S^ct?^ *^ ''****

late sheriff of Orange county, 322

207. An act for the relief of James M. Young, sheriff

of Buncombe county, and T. "W. Taylor, sherifi

of Henderson county, 322

208. An act to authorize the commissioners of Gaston

county to levy a special tax for the purpose of
repairing the bridge over South Fork river,
at Hayler's Ferry within said county, 323

209. An act to authorize the commissioners of Anson

county to issue bonds, <fcc.j 32i

210. An act to authorize C. Austin, late sheriff of the

county of Union, to collect arrears of taxes, 325

211. An act to submit the question of " Convention" or

" IsTo Convention" to the people, and provide
for the election of delegates, 326

212. An act to authorize the county commissioners of

Caldwell county, to levy a special tax, 332

213. An act to authorize the commissioners of Cleavland

county to issue bonds, 333

214. An act to authorize the county of Wilson to issue

bonds, 33-±

215. An act to render valid and binding the acts of cer-

tain officers in the state, and for other purposes, 335

216. An act to amend an act entitled " an act in rela-

tion to proceedings in contempt," and to fur-
ther define the offence of contempt, 336

217. An act to amend section 23, chapter 37, revised

code, entitled " deeds and conveyances," 338

218. An act to incorporate the Mount Airy and Central

Railroad Company, 339

219. An act for the promotion of immigration and the

settlement of the unimproved lauds of the state, 313

220. An act suppleme'.tal to an act to raise revenue, 317

221. An act amendatory of an act entitled "proceedings

in Jiaheas eorjrus,'^ ratified April" 6th, A. D.
1S69, 348

xxxvm

CAPTIONS.

C*)tions to pub-
lic«cts.

Chapier. Page

222. All act in relation to pnnisliment for arson and

burglary,

223. An act to establish the boundary line between

Granville and Person counties,

224. An act to incorporate the K"aval Extension Eail-

road Company,

225. An act to secure proper returns by sheriffs and

tax collectors of unlisted taxes,

226. An act to authorize the county commissioners to

levy a special tax in Alexander county,

227. An act to raise revenue,

228. An act in relation to the insane asylum of ISTorth

Carolina,

229. An act to incorporate the Marion and Cranberry

Railroad Company,

230. An act authorizing the county commissioners of

Onslow county to levy a special tax,

231. An act to authorize the county commissioners of

Bladen county to levy a special tax,

232. An act to amend an act ratified April lOtli, 1869,

entitled " an act to define and punish bribery, 378

233. An act regulating the appointment of guardians

ad litem, 379

234. An act to change the township of Lincoln county, 381

235. An act donating the State's interest in the Fay-

etteville & Warsaw plank road to the counties
of Sampson and Duplin.

236. An act to incoi-porate the Yadkin Eail Road Co.,

237. An act to amend chap. 184, laws of 1868 '69,

entitled " an act to provide for a system of
public instruction,

238. An act to authorize the county commissioners of

Harnett county, to appoint a processioner for
said county.

239. An act to re-enact an act in relation to a plank

road ratified April 10th, 1869,

349

350

357

357
358

373

375

377

378

382
382

387

389

CAPTIONS. XXXIX

Chapter. Page,

^.^ . , ^^ ,^ r j.\ i Captions to pub-

24:0. An act lor extending the powers ot the county Ucacts.

connnissioners of Richmond county, 390

241. x\n act to incorporate the Spartansburg, Cohmibus

and Eutherford Raih'oad Company 390

242. An act to incorporate the Asheville & Virginia

Raih'oad Comprny, 393

243. An act to authorize the commissioners of Harnett

county, to levy a special tax and for otlier
purposes, 397

244. An act for the relief of the sheriffs of Wayne,

Wilson and other counties, 398

245. An act to amend sections 266, 268, 269, 270, 271,

code of civil procedure, 399

24:6. An act to amend the charter of the Caldwell and

Watauga Turnpike Company, 400

24:7. An act concerning townships in Cherokee county, 400

248. An act to repeal an act entitled " an act to amend

the charter of the Western Xorth Carolina
Railroad Company, ratified August, 19th, j^

A. D. 1868, and for other purposes, 401

249. An act to allow the commissioners of Camden

county to levy a special tax, 403

250. An act to authorize the commissioners of Caswell

county to collect a special tax, 404

251. An act to establish a Turnpike road from the town

of Statesville in Iredell county, to the town of
Mount Airy in Surry county, 404

252. An act authorizing the commissioners of Gates

county to levy and collect a special tax and
approving thereof, 407

253. An act to prevent forging and counterfeiting the

private marks, tokens, stamps or labels of any
manufacturer, mechanic or other person, 408

254. An act to lay out and construct a public road

through the counties of Wilkes and Watauga, 409

255. An act to enable aliens to take, hold and convey

lands, 410

XL CAPTIONS.

Chapter. Page.

Captions to pub- 256. All act in relation to the public lands, 411

lie 2iCt>&

257. An act to amend the charter of the Planters' Rail-

road company, and to consolidate the same
with the Wilmington & Onslow Railroad
company, -112

258. All iact to authorize tlie commissioners of Franklin

county to issue bonds, l-ll:

259. An act to amend chap. 106, laws of ISCO and

ISTO, 415

260. An act to extend an act to empower the commis-

sioner of Cumberland county to levy a special
tax, 417

261. An act to allow the commissioners of Columbus

county to levy a special tax, 418

262. An act to remove obstructions in the Pedee, Yad-

kin and Uwharie rivers for the purpose of
allowing shad and other fish free passage up
said rivers, 417

263. An act to levy a special tax for Beaufort county, 420

264. An act to charter Newbern & "Washington Rail-

road company, 421

265. An act to incorporate the Oxford & Ilillsboro'

Railroad company, 424

266. An act to authorize S. A. Kelly, sheriff of Davie

'^ county, to collect arrears ol taxes, 428

267. An act to prevent the obstruction of Newport

river in Carteret county, 429

268. An act to amend section 14, chap. 93, laws 1868

and 1869 relative to widows years' support, 429

269. An act to make Deep river a lawful fence to a cer-

i, tain extent in Randolph county, 430

I 270. An act to transfer from the North Carolina Rail-

f road company to the Atlantic & N. C. Rail-

road company, and to consolidate that portion
of North Carolina Railroad between Gcldsboro'
I • an Raleigh with the Atlantic >Sc North Caro-

j lina Railroad, -i-^l

CAPTIONS. j XLi

Chapteh. Page.

271. An act to aPow registration of deeds upon certain JJ^acS^ ^^ ^"'**

proofs, -133

272. An act to incorporate AValnnt Mountain Turnpike

company, iS-i

273. An act to incorporate the Carthage and Kandolph

Railroad compan}-, 43G

274. An act to lay out and construct a road in Ashe

county, 439

275 An act to prevent felling of trees in Caraway creek

in Kandolph county, 441

276. An act to repeal an act concerning constables in

New Hanover county, ratified March 26th,
1870, 441

277. An act to provide a cheap chattel mortgage, 442

278. An act to amend charter of the "Williamston and

Tarboro' Railroad company, 443

279. An act for the better protection of literary fund, 444

280. An act supplemental to an act to change the

boundary line between Edgecombe and Nash, 444

281. An act to repeal an act to provide manner of bring-

ing suit against Railroad companies, ratified
April 12th, 1869, 445

282. An act in relation to the executive mansion, the

public lots and other property belonging to
the state in the cit}'- of Raleigh, 445

283. An act to change the method of appointing proxies

and directors in all corporations in which the
State has an interest, 447

i Jk

RESOLUTIONS.

Captions to pub- Senate resolution concerning' election in 26tli Sena-
resolutions. , -IT..

tonal district, 451

Eesolution declaring vacancy in 24tli senatorial dis-
trict, 452
, Resolution requesting Attorney General's opinion in
relation to State's interest in Wilmington, Charlotte
and Rutherford Railroad Company, 452

Joint resolution of instructions to members of Con-
gress in relation to passage of bill introduced last ses-
sion of Congress (now pending before that body) en-
titled " the North Carolina Extension Company," 453

House resolution relative to representative from Hert-
ford county, 453

Senate resolution to print copies of treasurer's report, 454

Eesolution of instruction to senators and representa-
tives in Congress relative to residue of tax on real
estate, 454

Resolution requiring treasurer to furnish statistics of
expenses of late military movement, 454

Resolution of enquiry concerning seat of representative
from Bladen county, 455

House resolution ordering joint committee on print-
ing to have treasurer's report printed, 455

Joint resolution to raise committee on constitutional
reform, 456

Resolution concerning joint committee on 2)er diem and
mileage, 456

Resolution in favor of George B. McCotter, tax collec-
tor Pitt county, 457

Resolution in favor of sheriffs of Northampton and
Wilkes counties, 457

Senate resolution in regard to soldiers of 1812, . 458

CAPTIONS. XLin

Page.

Eesolution to print ionrnals of Seratc and House ot Captions to pub-

■^ ' lie resolutions.

Eepresentatives, 459

Resolution relating to disabilities of Z. B. Yance, 459

Senate resolution concerning election in 2Gtli Senato-
rial district, 459

Resolution providing for inipeacliment of "William
W. Holden. ^ 461

House resolution appointing committee on impeach-
ment, 4G1

Honse resolution of enquiry concerning alleged im-
pro]X3r expenditures of public money, 461

Resolution for relief of sherifi' of Moore county, 462

Resolution in regard to George W. Swepson and Milton
S. Littlefield, 463

Resolution to raise joint committee on contingent ex-
penses, 464

Resolution requesting secretaiy of state to furnish ccr-
fied copies of laws, 464

Resolution in reference to act concerning Western
Division of Western N". C. railroad, ratified March
24th, 1S70, 465

Resolution instructing members of congress concerning
bankrupt law, 465

Resolution for relief of sheriff of Alamance county, 466

Resolution asking aid of congress in creating literary
fund, - - ... ^^^

Resolution concerning internal revenue on tobacco and

spirituous liquors, 468

Resolution instructing governor to offer a reward for

arrest of M. S. Littlefield, 46S

Resolution in favor of Sheriff of Stokes county, 468

Resolution concerning letter-book and correspondence

of Gov. W. W. Holden, 469

Hesolution in favor of sheriff of Jackson county, 469

Resolution in favor of sheriff of Columbus county, 470

iSenatc resolution to pay travelling expenses of A. C.

Cowles, 471

xLiv CAPTIONS.

)/ Page-.

Captions to pub- Resolution instructing treasurer not to pay certain

lie resolutions. , . _.,

warrants, 4 « 1

Eesolution in regard to disabilities of Hon. A.M. AVad-
dell and Sion H. Rogers, 411

Resolution in regard to pages, 472

Resolution in favor of Ilenrj'^ ^iggs, 4:72.

Resolution to pay commissioners and clerks tor services
in Granville and Person contested election, 473.

Resolution in favor of employees by clerks and door-
keepers, 473»

Resolution in favor of William Smith, 473.

Joint resolution appointing committee to ascertain debt
of state, 474

Resolution in regard to printing, 475-.

Resolution instructing senators and requesting represen-
tatives to urge general amnesty, 475.
Resolution requesting members of congress to solicit

appropriations for Cape Fear and Pamlico, 476-

Joint resolution concerning assistants for doorkeepers, 477
Resolution in relation to payment of assistant door-
keepers, 477
Resolution in favor of sheriff of Tyrrell county, 47&
Resolution to enquire into sale of state's stock in Cape

Fear navigation company, 478

Resolution in favor of Alexander M. Turner, 479

Resolution in favor of Edward F. Underhill, 470

Resolution in favor of W. P. Batclielor, 479

Resolution in favor of Jefferson Hinton, " 480

Joint resolution concerning canal from Waccamaw to

Little river, S. C, 480'

Resolution in favor of James II. Moore, public printer, 481
Resolution for relief late sheriff of Robeson, 481

Resolution in favor of sheriff of Harnett county, 481

Resolution in favor of W.'J. A. Strange, of Cherokee

county, 482

Resolution in favor of sheriff of Bladen county,, 483

CAPTIONS. XLv

Page.
Pwesolution to publish a certain act, 483 {^JP.esXtionf'^'''

Kesolntion in favor of Erasmus D. Haynes, 484

Hesolution in tavor of Wm. W. & Daniel M. Watts, 484
Kesolntion in favor of James II. Enniss, 485 ^

Hesolution to examine accounts of public treasurer, 485
Hesolution to print act in relation to lees of county

officers and supreme court clerk, J 485

Resolution to provide for deficit in treasury, 486

Hesolution in favor of junior slieiift' of Now Hanover

county, 487

Resolution raising committee to enquire into conduct of

John Pool, IT. S, Senator. 487

Resolution in favor of late sheriff of Rockingham county, 490
Hesolution in fivor of John Crisp of Macon county, 491
Resolution authorizing enrolling clerk to employ assis-
tance, 491
Hesolution in favor of Hon. F. N. Strudwick, 492
Resolution in favor of Mrs. Jane Hinton, 492
Resolution in favor of Geo. "W". & B. K. Dickey, 493
Hesolution authorizing principal clerk of the house to

employ additional assistance, 493

Hesolution concerning centennial anniversary of Amer-
ican independence, 493
•Joint resolution on adjournment, 495
Hesolution in relation to investigation of sale of state's

interest in Cape Fear navigation company, 495

Resolution in favor of John O'Connor, 496

Hesolution for relief of B. W. Parten, of Haywood

county, 495

Resolution in favor of Patrick McGowan, 497

Hesolution in favor of Henry Bigg.s, 497

Resolution in fivor of Xazra Hinton and Ransom Har-
rison, 497
Hesolution to pay certain witnesses in late imi)eacli-

racnt trial, 49 S

Hesolution in favor of S. Jones, 498

Hesolution in favor of Burgess Montgomery, 499

XLvi CAPTIONS.

Page^

Captions to pub- Kesolution for relief of sheriff of "Wake county, and
lie resolutions, , ^ -^ '

shei-iff of Jackson county, 499

Resolution in relation to public U. S. buildings, at

Newbern, 500-

Ttesolution concerning recent action ot the governor,

chief justice and certain associate judges of supreme

court, 501

Resolution in relation to Buckhorn chapel, in Hertford

county, 502

Resolution in favor of Geo. McCotcer, tax collector in

Pitt county, 50o

Resolution in tavor of J. L. Harrison, 50i

Resolution in lavor of sheriffs in certain cases, 504

Resolution in favor of John S. McMill, Geo. McRay

and others, 504

Resolution in relation to state department, 505

Resolution in favor of James H. Enniss, 506

Resolution for reliet of sheriff of Chatham county, 506

Resolution in favor of A. C. Kerr, 506

Resolution to authorize publication of act in relation to

convicts, 50T

Resolution in reference to the capitol, 507

Resolution in favor of committee on the University, 50&
Resolution concerning employees of Senate and House

of Representatives, 508

Resolution authorizing payment of expenses incurred

in impeachment of Gov. W. W. Holden, 509

Resolution authorizing engrossing clerk of senate to

employ assistance, 509

Resolution to provide for distribution of convention

act, and the act in relation to salaries and fees of

county officers, 510

Resolution in favor of Dr. Geo. W. Blacknall, 510

Resolution for relief of sheriff of Chatham county, 511

Resolution to pay principal clerks of Senate and House

of Representatives for extra services, 511

Resolution allowing principal clerk of Senate clerical

assistance. 512

CONSTITUTION

OF THE

STATE OF NORTH CAROLINA.

CONSTITUTION

OF THE

STATE OF XOKTH CAROLINA,

Ratified by tiie people April 21st. M and 2M, 1868.

PKEAMBLE.

"We, the people of the State of Korth Carolina, grateful Preamble,
to Almighty God, the Sovereign Ruler of Nations, for the
preservation of the American Union, and the existence ot
our civil, political and religious liberties, and acknowledging
our dependence upon Him, for the continuance of those
blessings to us and our posterity, do, for the more certain
security thereof, and for the better government of this State,
ordain and establish this Constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

That the great, general and essential principles ot liberty
and free government, may be recognized and established,
and that the relations of this State to the Union and ijov-
eminent of the United States, and those of the people of this
State to the rest of the American people, may be defined
and affirmed, we do declare :

Section 1. That we hold it to be self-evident that all men Tbe equality and
are created equal ; that they are endowed by their Creator '^ *^ ™*°'

2 COFSTITUTION OF NORTH CAKOLINA.

with certain unalienable rights; that among these are life^

liberty, the enjoyment of the fruits of their own labor, and

the pursuit of happiness.

Political power 3^0, 2. That all political power is vested in, and derived
and government. ^ i r ...

from, the people ; all government of right originates from

the people, is founded upon their will only, and is instituted
solely for the good ot the whole.
Internal govern- Sec. 3. That the people of this State have the inherent,,
sole, and exclusive right of regulating the internal govern-
ment and police thereof, and of altering and abolishing their
Constitution and form of government, wlienever it may be
necessary to their safetj^ and happiness ; but every such right
should be exercised in pursuance of law, and consistently
with the Constitution of the United States.
That there is no Sec. 4. That this State shall ever remain a member of
ng o secec e. ^j^^ American Union ; that the people thereot are part of the
American nation ; that tliere is no right on the part of the
State to secede, and that all attempts from wdiatever source
or upon whatever pretext, to dissolve said Union, or to sever
said nation, ought to be resisted with the whole power of the
State.
Of allegiance to Sec. 5. That every citizen ot said State owes paramount
S?nt' ^' ^°^^™" allegiance to the Constitution and Government of the Uni-
ted States, and that no law or ordinance of the State in con-
travention or subversion thereof can have any binding
force.
Public debt Sec. 6. To maintain the honor and good faith of the State

untarnished, the public debt, regularly contracted before and
since the rebellion, shall be regarded as inviolable and never
be questioned ; but the State shall never assume or pay, or
authorize the collection of, any debt or obligation, express or
implied, incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation
of any slave.
Exclusive emoiu- Sec. 7. No man or set of men are entitled to exclusive or
ments, &c. separate emoluments or privileges from the community but

in consideration of public services.

CONSTITUTION OF NORTH CAROLINA. 3"

Sec. 8. The Legislative, Executive, and Supreme judicial The Lcsisiativo,
powers of the government ought to be forever separate and cUciai pmvcrs dis-
distinet from each other. ^^"*^'''

Sec. 9. All power of suspending laws, or the execution Of the power of
of laws, by any authority, without the consent of the Rep- " *

resentatives of the people, is injurious to their rights, and
ought not to be exercised.

Sec. 10. All elections ought to be free. Elections free.

Sec. 11. In all criminal prosecutions, every man has the in crhniuai prose-
right to be informed of the accusation against him and to
confront the accusers and witnesses with other testimony,
and to have counsel for his defence, and not be compelled
to give evidence against himself, or to pay costs, jail fees,
or necessary witness fees of the defence, unless found guilty.

Sec. 12. Xo person shall be put to answer any criminal Answers to crimi-
charge, except as hereinafter allowed, but by indictment,
presentment, or impeachment.

Sec. 13. IN^o person shall be convicted of any crime but Ri^^ht of jury.
l:)y the unanimous verdict ot a jury of good and lawful men
in open court. The Legislature ma}^, however, ])rovide
other means of trial for petty misdemeanors, with the right
of appeal.

Sec. 1-1. Excessive bail should not be required, nor exces- Excessive bail,
sive lines imposed, nor cruel or unusual punishments in-
flicted.

Sec. 15. General warrants, whereby any officer or mes- General warrants.
senger may be commanded to search suspected places, with-
out evidence of the act committed, or to seize any person or
persons not named, whose offence is not particularly de-
scribed and supported by evidence, are dangerous to liberty
and ought not to be granted.

Sec. 16. There shall be no imprisonment for deljt in this imprisonment for
State, except in cases of fraud.

Sec. 17. No person ought to be taken, imprisoned ordis- No person to be
seized of his freehold, liberties or privileges, or outlawed, or byiawoftiieiaud
exiled, or in any manner deprived of his life, liberty, or
jtroperty, but by the law of the land.

CONSTITUTION OF NORTH CAROLINA.

Persons re-
strained of lib-
erty.

Controversies at
law respecting
propert}'.

Freedom of the
press.

Habeas corpus.

Property qualifi-
cation.

Eepresentation
and taxation,

Mnitia, and the
right to bear arms

Sight of the peo-
ple to assemble
together.

Beligious liberty.

Sec. 18. Every person restrained of his liberty is entitled
to a remedy to enquire into the lawfulness thereof, and to
remove the same, if nnlawful ; and such remedy ought not
to be denied or delayed.

Sec. 19. In all controversies at law respecting property,
the ancient mode of trial by jury is one of the best securi-
ties of the rights of the people, and ought to remain sacred
and inviolable.

Sec. 20. The freedom of the press is one of the great
bulwarks of liberty, and therefore ought never to be re-
strained, but every individual shall be held responsible for
the abuse of the same.

Sec. 21. The privilege of the writ of habeas co'/'pus shall
not be suspended.

Sec. 22. As political rights and privileges are not depen-
dent upon, or modified by property, therefore no property
qualification ought to affect the right to vote or hold office.

Sec. 23. The people of this State ought not to be taxed,
or made subject to the payment of any impost or duty,
without the consent of themselves, or their representatives
in General Assembly, freely given.

Sec. 2-1. A well regulated militia being necessary to the
security of a free State, the right of the people to keep and
bear arms shall not be infringed ; and, as standing armies,
in time of peace, are dangerous to liberty, they ought not
to be kept up, and the military should be kept under strict
subordination to, and governed by, the civil power.

Sec. 25. The people have a right to assemble together to
consult for their common good, to instruct their represen-
tatives, and to apply to the Legislature for redress of griev-
ances.

Sec. 26. All men have a natural and unalienable right to
worship Almighty God according to the dictates of their
own consciences, and no human authority should, in any
case whatever, control or interfere with the rights of con-
science.

CGNSTITUTION OF XORTII CAROLLS'A. ^

Sec. 27. The people have a right to the privilege of edn- Education.
cation, and it is the duty of the State to guard and maintain

'sec.''2S* For redress of grievances, and for amending and ^lecUons^shou^^
strengthening the laws, elections should be often held.

Sec. 20. A frequent recurrence to fundamental principles f^^^^^^^,^^^^^^
is absolutely necessary to preserve the blessings ot liberty, cipies.

Sec. 30. Ko hereditary emoluments, privileges, or honors, ^^S^.^^^^'-
ouo-ht to be granted or conferred in this State.

Sec. 31. Perpetuities and monopolies are contrary to the Perpetuities, &c
genius ot a free State, and ought not to be allowed.
"^ Sec. 32. Retrospective laws, punishing acts committed f^^.J^'* ^"'^^
before the existence of such laws, and by them only declared
criminal, are oppressive, unjust and incompatible with lib-
erty, wherefore no ex post facto law ought to be made. No
law taxing retrospectively, sales, purchases, or other acts
previously done, ought to be passed.

Sec. 33. Slavery and involuntary servitude, otherwise slavery prohibi-
than for crime whereof the parties shall have been duly con-
victed, shall be, and are hereby forever prohibited within

this State.

Sec. 34. The limits and boundaries of the State shall be state boundanes.

and remain as they now are.

Sec. 35. All courts shall be open, and every person for an ^°,°^%t ^^
injury done him in his lands, goods, person, or reputation,
shall have remedy by due course of law, and right and justice
administered without sale, denial, or delay.

Sec. 36. No soldier shall in time of peace, be quartered Soi^^f/jn time
in any house without the consent of the owner ; nor in time
ol war, but in a manner prescribed by law.

Sec. 37. This enumeration of rights shall not be construed gjjpcop^i^® °
to impair or deny others, retained by the people ; and all
powers, not herein delegated, remain with the people.

CONSTITUTION OF NOKTH CAROLIXA.

AKTICLE II.

LEGISLATIVE DEPARTMENT,

Two branches.

Time of assem-
bling.

Number of Sena-
tors.

Senatorial dis-
iricts.

Section 1. The Legislative anthority shall be vested in
two distinct branches, both dependent on the people, to wit :
a Senate and House of Representatives.

Sec. 2. The Senate and House of Eepresentatives shall
meet annually on the third Monday in November, and when
assembled, shall be denominated the General Assembly.
jSTeither House shall proceed upon public business, unless a
majority of all the members are actually present.

Sec. 3. The Senate shall be composed of fifty Senators
biennially chosen by ballot.

Sec 4. Until the first session of the General Assembly
which shall be had after the year eighteen hundred and
seventy-one, the Senate shall be composed of members elec-
ted from districts constituted as follows :

1st District — Perquimans, Chowan, Pasquotank, Curri-
tuck, Gates and Camden shall elect two Senators.

2d District — Martin, Washington and Tyrrell shall elect
one Senator.

3d District — Beaufort and Hyde shall elect one Senator.

4th District — JSTorthampton shall elect one Senator.

5th District — Bertie and Hertford shall elect one Senator.

6th District — Halifax shall elect one Senator.

Ttli District — Edgecombe shall elect one Senator.

8th District — Pitt shall elect one Senator.

9th District — Nash and Wilson shall elect one Senator.

10th District— Craven and Carteret shall elect two Sen-
tors.

11th District — Jones and Lenoir shall elect one Senator.

12th District — Duplin and Onslow shall elect one Senator.

13th District — Brunswick and New Hanover shall elect
two Senators.

14th District — -Bladen and Columbus shall elect one
.Senator.

15th District — Robeson shall elect one Senator.

CONSTrrUTION OF NORTH CAKOLINA.

ICtli District — Cumberland, Harnett and Sampson shall Senatorial dis-
elect two Senators.

ITth District — Johnston shall elect one Senator.

ISth District — Greene and "Wayne shall elect one Senator.

19th District — Franklin and Wake shall elect two Sen-
ators.

20th District — Warren shall elect one Senator.

21st Distnct — Granville and Person shall elect two Sen-
ators.

22d District — Orange shall elect one Senator.

23d District — Chatham shall elect one Senator.

24:th District — Caswell shall elect one Senator.

25th District — Rockingham shall elect one Senator.

26th District — Alamance and Guilford shall elfect two
Senators.

27th District — Randolph and Montgomery shall elect one
Senator.

2Sth District — Moore and Richmond shall elect one Sen-
ator.

29th District — Anson and Union shall elect one Senator.

30th District — Mecklenburg shall elect one Senator.

31st District — Cabarrus and Stanly shall elect one Sen-
ator.

32d District — Davie and Rowan shall elect one Senator.

33d District — Davidson shall elect one Senator.

34th District — Forsythe and Stokes shall elect one Sen-
ator.

35th District — Surry and Yadkin shall elect one Senator.

3Gth District — Alexander and Iredell shall elect one Sen-
ator.

37th District — Catawba, Gaston and Lincoln shall elect
one Senator.

38th District — Cleveland, Polk and Rutherford shall elect
one Senator.

39th District — Alleghany, Ashe and Wilkes shall elect
one Senator.

40th District — Buncombe, Henderson and Transylvania
ehall elect one Senator.
4*

O CONSTITUTION OF NORTH CAROLINA.

SeBftt«riai dis- 41st District — Burke, Caldwell and Watausra shall elect

tiicte. „ '-

one Senator.

42d District — Madison, Mitchell, McDowell and Yancey
shall elect one Senator.

43d District — Clay, Cherokee, Haywood, Jackson and
Macon shall elect one Senator.

Sec. 5. An enumeration of the inhabitants of the State
Stwn*to°d58trict- shall be taken under the direction of the General Assembly
S«ma^s^^*^ ^^^ ^^ *^® y^^^ ^^® thousand eight hundred and seventy-five,
and at the end of every ten years thereafter ; and the said
Senate Districts shall be so altered by the General Assembly,
at the first session after the return of every enumeration
taken as aforesaid, or by order of Congress, that each Senate
District shall contain, as nearly as may be, an equal number
of inhabitants, excluding aliens and Indians not taxed, and
shall remain unaltered until the return of another enumera-
tion, and shall at all times consist of contiguous territor}'' ;
and no county shall be divided in the formation of a Senate
District, unless such county shall be equitably entitled to two
or more Senators.
Relations in re- Sec. 6. The House of Kepresentativcs shall be composed
tionment of Kep- of One hundred and twenty Representatives, biennially
resentatiTcs. chosen by ballot, to be elected by the counties respectively,
according to their population, and each county shall have
at least one Representative in the House of Representatives,
although it may not contain the requisite ratio of represen-
tation ; this apportionment shall be made by the General
Assembly at the respective times and periods when the
districts for the Senate are hereinbefore directed to be laid off.
Ratio of represen- Sec. 7. In making tht apportionment in the House of
Representatives, the ratio of representation shall be ascer-
tained by dividing the amount of the population of the
State, exclusive of that comprehended within those counties
which do not severally contain the one hundred and twen-
tieth part of the population of the State, by the number of
Representatives, less the number assigned to such counties ;
and in ascertaining the number of the population of the
State, aliens and Indians not taxed shall not be included.

CONSTITUTION OF NOETH CAROLINA. 9

To each county containing the said ratio and not twice the j

said ratio, there shall be assigned one Eepresentative ; to \

each county containing twice but not three times the said ■

ratio, there shall be assigned two Representatives, and so on

progressively, and then the remaining Representatives shall

be assigned severally to the counties having the largest

fractions. ,

Sec. 8. Until the General Assembly shall have made the Apportionment of \
apportionment as hereinbefore provided, the House of Rep- ^"P""*^^^*^^"- \
resentatives shall be composed of members elected from the !
counties in the following manner, to-wit : i
The County of Wake shaU elect four members ; the I
counties ot Craven, Granville, Halifax and New Hanover '
shall elect three members each; the Counties of Caswell, ,
Chatham, Cumberland, Davidson, Duplin, Edgecombe, ;
Frankhn, Guilford, Iredell, Johnston, Mecklenburg, North- j
ampton. Orange, Pitt, Randolph, P^beson, Rockingham, 1
Rowan, Warren and Wayne shall elect two members each ; j
the Counties ot Alamance, Alexander, Alleghany, Anson, !
A^he, Beaufort, Bertie, Bladen, Brunswick, Buncombe, j
Burke, Cabarrus, Caldwell, Camden, Carteret, Catawba, ;
Cherokee, Chowan, Clay, Cleavland, Columbus, Currituck, '
Davie, Porsythe, Gaston, Gates, Green, Harnett, Hender-
son, Haywood, Hertford, Hyde, Jackson, Jones, Lenoir,
Lincoln, Macon, Madison, Martin, McDowell, Mitchell, I
Montgomery, Moore, Nash, Onslow, Pasquotank, Perqui-
mans, Person, Polk, Richmond, Rutherford, Sampson, ;
Stanly, Stokes, Surry, Trannsylvania, Tyn-ell, Union, ^
Washington, Watauga, Wilkes, Wilson, Yadkin and !
Yancey shall elect one member each. ^

Sec. 9. Each member of the Senate shall be not less than Quaiificatioo ot

twenty-five years of age, shall have resided in the State as ^'''^°'"'" j

a citizen two years, and shall have usually resided in the '

District for which he is chosen, one year immediately pre- \
ceding his election.

Sec. 10. Each member of the House of Representatives Qualification for ^

shall be a qualified elector of the State, and shall have resi- ^"P^"'^"^""^''- ;

CONSTITDTION OF NORTH CAROLINA.

Election of offi-
cers.

Powers in relation
to divorce and alli-
mony.

Private laws in re-
lation to names of
persons, «fcc.

Thirty days' no-
tice shall be given
anterior to pas-
sage of private
laws.

Vacancies.

Revenue.

Entails.

ded in the coimtj for which he is chosen, for one year im-
mediately preceding his election.

Sec. 11. In the election of all officers, whose appoint-
ment shall be conferred upon the General Assembly by the
Constitution, the vote shall be viva voce.

Sec. 12. The General Assembly shall have power to pass
general laws regulating divorce and alimony, but shall not
have power to grant a divorce or secure alimony in any indi-
vidual case.

Sec. 13. The General Assembly shall not have power to
pass any private law to alter the name of any person, or to
legitimate any person not born in lawful wedlock, or to
restore the rights ot citizenship to any person convicted of
an infamous crime, but shall have power to pass general
laws regulating the same.

Sec. 14. The General Assembly shall not pass any pri-
vate law, unless it shall be made to appear that thirty days'
notice of application to pass such law shall have been given,
under such direction, and in such manner as shall be provi-
ded by law.

Sec. 15. If vacancies shall occur in the General Assembly
by death, resignation or otherwise, writs of election shall be
issued by the Governor under such regulations as may be
prescribed by law.

Sec. 16. !N"o law shall be passed to raise money on the
credit of the State, or to pledge the faith of the State di-
rectly or indirectly for the payment of any debt, or to im-
pose any tax upon the people of the State, or to allow the
Counties, Cities or Towns to do so, unless the bill for the
purpose shall have been read three several times in each
House of the General Assembly, and passed three several
readings, which readings shall have been on three different
days, and agreed to by each house respectively, and unless
the yeas and nays on the second and third readings of the
bill shaU have been entered on the Journal.

Sec. 1Y. The General Assembly shall regulate entails in
such manner as to prev^ent perpetuities.

coNSTrrmoN of noeth caeolina. 11

Sec. is. Each House shall keep a Journal ot its proceed- ouraais.
ings, which shall be printed and made public immediately
after the adjournment of the General Assembly.

Sec. 19. Every member of either House may dissent from, protest.
and protest against, any act or resolve, which he may think
injurious to the public, or any individual, and have the rea-
sons ot his dissent entered on the Journal.

Sec. 20. The House of Representatives shall choose their officers of the
own Speaker and other officers. House.

Sec. 21. Tlie Lieutenant Governor shall preside in the President of the
Senate, but shall have no vote, unless it may be equally
divided.

Sec. 22. The Senate shall choose its other officers and also otter Senatorial
a Speaker {pro tempore) in the absence of the Lieutenant
Governor, or when he shall exercise the officer of Governor.

Sec. 23. The style of the acts shall be, " The General style of the acts.
Assembly of North Carolina do enact."

Sec. 24. Each House sliall be judge of the qualifications Powers of the
and elections of its own members, shall sit upon its own ^"^'"^ *^®™ ^
adjournment from day to day, prepare bills to be passed into
laws, and the two Houses may also jointly adjourn to any
future day, or other place.

Sec. 25. All bills and resolutions of a legislative nature BiUs and resoiu-
shall be read three times in each House, before they pass three timee, »fec.
into laws ; and shall be signed by the presiding officers of
both Houses.

Sec. 26. Each member of the General Assembly, before Oath for members
taking his seat, sliall take an oath or affirmation that he will
support the Constitution and laws of the United States, and
the Constitution of the State of North Carolina, and will
faithfully discharge his duty as a member of the Senate or
House of Eepresentatives.

Sec. 27. The terms of office for Senators and members of Terms of office,
the House of Eepresentatives shall commence at the time of
tlieir election ; and the term of office of those elected at the
first election held under this Constitution shall terminate at
the same time as if they had been elected at the first ensuing
regular election.

CONSTITUTION OF NORTH CAEOLINA.

Teas and naye.

Election for mem-
bers of the Gen-
eral Assembly.

Sec. 28. Upon motion made and seconded in eitlieir
House, by one-fifth of the members present, the yeas and
nays upon any question shall be taken and entered upon the
Journals.

Sec. 29. The election for members of the General Assem-
bly shall be held for the respective Districts, and Counties,
at the places where they are now held, or may be directed
hereafter to be held, in such manner as may be prescribed
by law, on the first Thursday in August, in the year one
thousand eight hundred and seventy, and every two years
thereafter. But the General Assembly may change the
time of holding the elections. The first election shall be
held when the vote shall be taken on the ratification of this
Constitution by the voters ot the State, and the General
Assembly then elected shall meet on the fifteenth day after
the approval thereof by the Congress of the United States,
if it fall not on Sunday, but if it shall so fall, then on the
next day thereafter ; and the members then elected shall
hold their seats until their successors are elected at a regular
election.

ARTICLE III.

EXECUTIVE DEPAETMENT.

Officers Of the Es-
ecntive Depsjt-
ment.

Section 1. The Executive Department shall consist of a
Governor, (in whom shall be vested the Supreme executive
power of the State) a Lieutenant Governor, a Secretary of
State, an Auditor, a Treasurer, a Superintendent of Public
"Works, a Superintendent of Public Instruction, and an
Attorney General, who shall be elected for a term of four
years by the qualified electors of the State, at the same time
and places and in the same manner as members of the
General Assembly are elected. Their term of office shall

CONSTITirnON OF NOKTH CAKOLIKA. 1$

commence on the first day of January next after their elec- Torm ot office.

tion, and continue until their successors are elected and

qualified : Provided., That the officers first elected shall

assume the duties of their office ten days after the approval

of this Constitution by the Congress of the United States,

and shall hold their offices four years from and after the first

day of January, 1S69.

Sec. 2. No person shall be eligible as Governor or Lieu- Qualifioatioos of
tenant Governor, unless he shall have attained the age of Lieu^t^nnt Gov-
thirty years, shall have been a citizen of the United States ®^"^*
five years, and shall have been a resident of this State f®r
two years next before the election ; nor shall the person
elected to either of these two offices be eligible to the same
office more than four years in any term of eight years unless
the office shall have been cast upon him as Lieutenant
Governor or President of the Senate.

Sec. 3. The return of every election for officers of the Returns of dec-
Executive Department shall be sealed up and transmitted
to the seat of government by the returning officers, directed
to the Speaker of the House of Representatives, who shall
open and publish the same in the presence of a majority of
the members of both Houses of the General Assembly. The
persons having the highest number of votes respectively,
shall be declared duly elected ; but if two or more be equal
and highest in votes for the same office, then one of them
shall be chosen by joint-ballot of both Houses of the Gene-
ral Assembly. Contested elections shall be determined by
a joint vote of both Houses of the General Assembly, in
such manner as shall be prescribed by law.

Sec. 4, The Governor, before entering upon the duties of oath of office f#r
his office, shall, in the presence of the members of both ^^^^°*"-
branches of the General Assembly, or before any Justice of
the Supreme Court, take an oath or affirmation, that he will
support the Constitution and laws of the United States and
of the State ot IS'orth Carolina, and tliat he will faithfully
perform the duties appertaining to the office of Governor to
which lie has been elected.

CONSTITUTION OF NORTH CAROLINA.

Duties of the Gov-
ernor.

Reprieves, com-
mutations and
pardons.

Annual reports
from officers of
Executive De-
mrtment and of J
Public institu-
tions.

Commander-in-
Chief.

Extra sessions of
General Assembly

Officers whose ap-
pointmenta are
not otherwise
provided for.

Sec. 5. The Governor sliall reside at the seat of govern-
ment of this State, and he shall, from time to time, give the
General Assembly information of the affairs of the State,
and recommend to their consideration such measures as he
shall deem expedient.

Sec. 6. The Governor shall have power to grant reprieves,
commutations and pardons, after conviction, for all offences,
(except in cases of impeachment,) upon such conditions as
he may think proper, subject to such regulations as may be
provided by law relative to the manner of applying for par-
dons. He shall annually communicate to the General As-
sembly each case of reprieve, commutation, or pardon
granted, stating the name of each convict, the crime for
which he was convicted, the sentence and its date, the date
of commutation, pardon, or reprieve, and the reasons therefor.

Sec 7. The officers of the Executive Department and of
the public institutions of the State shall, at least five day&
previous to each regular session of the General Assembly,
severally report to the Governor, who shall transmit such
reports, with his message, to the General Assembly ; and
the Governor may, at any time, require information in
writing from the officers in the Executive Department upon
any subject relating to the duties of their respective offices,
and shall take care that the laws be faithfully executed.

Sec 8. The Governor shall be Commander-in-Chief of
the militia of the State, except when they shall be called
into the service of the United States.

Sec 9. The Governor shall have power, on extraordinary
occasions, by and with the advice of the Council of State,
to convene the General Assembly in extra session by his
proclamation, stating therein the purpose or purposes for
which they are thus convened.

Sec 10. The Governor shall nominate, and by and with
the advice and consent of a majority of the Senators elect,,
appoint all officers whose offices are established by this.
Constitution, or which shall be created by law, and whose:
appointments are not otherwise provided for, and no such.

OONSTmJTION OF NORTH CAEOLDTA. 15

officer shall be appointed or elected by the General As-
sembly.

Sec. 11. The Lieutenant Governor shall be President of P^^^^es of the

Lieutenant Gov-

the Senate, bnt shall have no vote unless the Senate be E^^ior.
equally divided. He shall, whilst acting as President of
the Senate, receive for his ser^-ices the same pay which shall,
lor the same period, be allowed to the Speaker of the House
of Representatives ; and he shall receive no other compen- i

sation except when he is acting as Governor. !

Sec. 12. In case of the impeachment of the Governor, his In case of im- ;

/•M -i-f ^ • ^ n in I'-i-T peachmcut of

failure to qualify, his absence from the State, his mabihty to Governor, or va-
discharge the duties of his office, or in case the office of Gov- death or resigna- '

ernor shall in anywise become vacant, the powers, duties
and emoluments of the office shall devolve npon the Lieu- \

tenant Governor until the disabilities shall cease, or a new
Governor shall be elected and qualified. In every case in j

which the Lieutenant Governor shall be unable to preside I

over the Senate, the Senators shall elect one of their own ;

number President of their body ; and the powers, duties j

and emoluments of the office of Governor shall devolve upon
him whenever the Lieutenant Governor shall, for any rea- ;

eon, be prevented from discharging the duties of such office ]

as above pro^^ded, and he shall continue as acting Governor
until the disabilities be removed, or a new Governor or
Lieutenant Governor shall be elected and qualified. "When-
ever, during the recess of the General Assembly, it shall "
become necessar}' for a President of the Senate to adininis !
ter the government, the Secretary of State shall convene '.
the Senate, that they may elect such President. '
Sec. 13. The respective duties of the Secretary of State, Duties of other \
Auditor, Treasurer, Superintendent of Public Works, Su- i
perintendent of Public Instruction and Attorney General
shall be prescribed by law. If the office of any of said offi-
cers shall be vacated by death, resignation, or otherwise, it
shall be the duty of the Governor to appoint another until ,
the disability be removed or his successor be elected and ]
qualified. Every such vacancy shall be filled by election at i
the first general election that occurs more than thirty days j

16 CONSTITUTION OF NORTH CAROLINA.

after the vacancy has taken place, and the person chosen
shall hold the office for the remainder of the unexpired temi
fixed in the first section of this article.

Council of State. Sec. 14. The Secretary of State, Auditor, Treasurer,
Superintendent of Public Works, and Superintendent of
Public Instruction, shall constitute, ex officio^ the Council of
State, who shall advise the Governor in the execution of his
office, and three of whom shall constitute a quorum : their
advice and proceedings in this capacity shall be entered in a
journal, to be kept for this purpose exclusively, and signed
by the members present, from any part of which any mem-
ber may enter his dissent; and such journal shall be placed
before the General Assembly when called for by either
House. The Attorney General shall be, ex officio^ tlie legal
adviser of the Executive Department.

Compensation of gj^^^ \^^ "jhe officers mentioned in this Article shall, at

Executive officers „ , . .

stated periods, receive for their services a compensation to
be established by law, which shall neither be increased nor
diminished during the time for which they shall have been
elected, and the said officers shall receive no other emolu-
ment or allowance whatever.
Seal of State. Sec. 16. There shall be a seal of the State, which shall be

kept by the Governor, and used by him, as occasion may
require, and shall be called " the Great Seal of the State
of Korth Carolina." All grants and commissions shall be
issued in the name and by the authority of the State of
North Carolina, sealed with " the Great Seal of the State,"
signed by the Governor and countersigned by the Secretary
of State.
Bureau of statis- Sec. 17. There shall be established in the office of Secre-
and itfmS-ation. tary of State, a Bureau of Statistics, Agriculture and Immi-
gration, under such regulations as the General Assembly
may provide

CONSTITUTION OF NOETH CAROLINA. " 17

AETICLE lY.

JUDICIAL DEPAETMENT.

Section 1. The distinctions between actions at law and Abolishes the dis-
tinction Between
suits in equity, and the forms of all such actions and suits actions at law and

shall be abolished, and there shall be in this State but one

form of action, for the enforcement or protection of private

rights or the redress of private wrongs, which shall be

denominated a ci"\'il action ; and every action prosecuted bv

the people of the State as a party, against a person charged

with a public offence, for the punishment of the same, shall

be termed a criminal action. Feigned issues shall also be Feigned issues

. .1, 1 //^ 1 abolished.

abolished, and the fact at issue tried by order of Court be-
fore a jury.

Sec. 2. Three Commissioners shall be appointed by this ^jf^J^y^^oJ
Convention to neport to the General Assembly at its first thre« Commis-

eioners.

session after this Constitution shall be adopted by the peo-
ple, rules of practice and procedure in accordance with the
provisions of the foregoing section, and the Convention
shall provide for the Commissioners a reasonable compensa-
tion.

Sec. 3. The same Commissioners shall also report to the Code of law.
General Assembly as soon as practicable, a code of the law
of North Carolina. The Governor shall have power to fill
All vacancies occurring in this Commission.

Sec. 4. The Judicial power of the State shall be vested in Di\i6ion of Judi-
A Court for the trial of Impeachments, a Supreme Court,
Superior Courts, Courts of Justices of the Peace, and Spe-
cial Courts.

Sec. 5. The Court for the trial of Impeachments shall be Trial court of im
the Senate. A majority of tlie members shall be necessary
to a quorum, and the judgement shall not extend beyond
removal from, and disqualification to hold office in this State ;
but the party shall be liable to indictment and punishment
according to law.

CONSTTrUTION OF NORTH CAKOLUSTA.

Impeachment.

Treason against
the State.

Five Supreme
Court Justices.

Terms of the Su-
I^reme Court.

Jurisdiction of
Supreme Court.

Claims against the
State.

Twelve Judicial
Districts for Su-
perior Courts.

Api)ortionment
of said districts.

Sec. 6. The House of Representatives solely shall have
the power of impeaching. No person shall be convicted
without the concurrence of two-thirds of the Senators pre-
sent. When the Governor is impeached, the Chief Justice-
shall preside.

Sec. 7. Treason against the State shall consist only in
levying war against it or adhering to its enemies, giving
them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same-
overt act, or on confession in open court. No conviction of
treason or attainder shall work corruption of blood or forfei-
ture.

Sec. 8. The Supreme Court shall consist of a Chief Jus-
tice and four Associate Justices.

Sec. 9. There shall be two terms of the Supreme Court
held at the seat of government of the State in each year,
commencing on the first Monday in January, and first Mon-
day in June, and continuing as long as the public interests
may require.

Sec. 10. The Supreme Court shall have jurisdiction to re-
view, upon appeal, any decision of the Courts below, upon
any matter of law or legal inference ; but no issue of fact
shall be tried before this Court ; and the Court shall have
power to issue any remedial writs necessary to give it a gen-
eral supervision and control of the inferior Courts.

Sec. 11. The Supreme Court shall have original jurisdic-
tion to hear claims against the State, but its decisions shall
be merely recommendatory ; no process in the nature of ex-
ecution shall issue thereon ; they shall be reported to the next
session of the General Assembly for its action.

Sec. 12. The State shall be divided into twelve judicial
Districts, for each of which a Judge shall be chosen, who
shall hold a Superior Court in each county in said District at
least twice in each year, to continue for two weeks, unless
the business shall be sooner disposed of.

Sec. 13. Until altered b,y law, the following shall be the
Judicial Districts :

COXSTITrXION OF KOETH CAEOLIXA. 19

First District— Currituck, Camden, Pasquotank, Per- fa?rdisSr*°*
quimans, CboTran, Gates, Hertford, Bertie.

Second District — Tyrrell, Hyde, "Washington, Beaufort,
Martin, Pitt, Edgecombe.

Third District — Craven, Carteret, Jones, Greene, Onslow,
Lenoir, "Wayne, "Wilson.

Fourth District — Brunswick, New Hanover, Duplin, Co-
lumbus, Bladen, Sampson, Bobeson.

Fifth District — Cumberland, Harnett, Moore, Eichmond,
Anson, Montgomery, Stanly, Union.

Sixth District — Northampton, "Warren, Halifax, "Wake,
Nash, Franklin, Johnston, Granville.

Seventh District — Person, Orange, Chatham, Bandolph,
Guilford, Alamance, Caswell, Eockingham.

Eighth District — Stokes, Forsythe, Davidson, Eowan,
Davie, Yadkin, Surry.

Ninth District — Catawba, , Cabarrus, Mecklenburg, Lin-
coln, Gaston, Cleveland, Eutheriord, Polk.

Tenth District — L-edell, "Wilkes, Burke, Alexander, Cald-
well, McDowell.

Eleventh District — Alleghany, Ashe, "Watauga, Mitchell,
Yancey, Madison, Buncombe.

Twelfth District — Henderson, Transylvania, Haywood,
Macon, Jackson, Clay, Cherokee.

Sec. 1-i. Every Judge of a Superior Court shall reside in Residences of
his District while holding his office. The Judges may ex- ciai "terms of

cotirtis

change Districts with each other with the consent of the
Governor, and the Governor, for good reasons, which he
shall report to the Legislature at its current or next session,
may require any Judge to hold one or more specified terms
of said Courts in lieu of the Judge in whose District they are.

Sec. 15. The Superior Courts shall have exclusive original Original jurisdic-

■..-,.,. -• n • •! i- 1 r 1 • • • 1 tion of the Su-

junsdiction oi all civil actions, whereoi exclusive original perior Courts.
jurisdiction is not given to some other Courts ; and of all
criminal actions in which the punishment may exceed'a fine
of fifty dollars or imprisonment for one month.

Sec. 16. The Superior Courts shall have appellate juris- Appellate juris-
diction of all issues of law or fact, determined by a Probate

20 CONSTITUTION OF NORTH CAROLINA.

Judge or a Justice of tlie Peace, where the matter in con-
troversy exceeds twenty-live doHars, and of matters of la»w
in all cases.
Jurisdiction of gj;^. 17. The Clerks of the Superior Courts shall have

Superior Court ■■■

Clerks. jurisdiction of the probate of deeds, the granting of letters

testamentary and of administration, the appointment of
guardians, the apprenticing of orphans, to audit the accounts
of executors, administrators and guardians, and of such
other matters as shall be prescribed by law. All issues of
fact joined before them shall be transferred to the Superior

Rio-iit of appeal, (^^uj-t^ for trial, and appeals shall lie to the Superior Courts
from their judgments in all matters of law.

In case of waiver Sec. 18. In all issues of fect, joined in any Court, the
parties may waive the right to have the same determined
by jury, in which case the finding of the Judge upon the
facts shall have the force and effect of a verdict of a jury.

Special courts in Sec 19. The General Assembly shall provide for the

cities. . "^ ■*

establishment of Special Courts, for the trial of misde-
meanors, in Cities and Towns, where the same may be
necessary.
Clerk of Supreme Sec. 20, The Clerk of the Supreme Court shall be

Court

appointed by the Court, and shall hold his office for eight
years.

Eieetion of Supe- Sec. 21. A Clerk of the Superior Court for each County
shall be elected by the qualified voters thereof, at the time
and in the manner prescribed by law for the eieetion of
members of the General Assembly.

Tlewn of office. Sec 22. Clerks of the Superior Courts shall hold their

ofBces for four years.

Fees, salaries and Sec. 23. The General Assembly shall prescribe and regu-
late the fees, salaries and emoluments of all officers provided
for in this Article ; but the salaries of the judges shall not
be diminished during their continuance in office.

What laws ape and ggc. 24. The laws of ;N"orth Carolina, not repugnant to
this Constitution, or to the Constitution and laws of the
United States, shall l^e in force until lawfully altered.

CONSTITUTION OF NORTH CAEOLINA. 21

Sec. 25. Actions at law, and suits in equity, pendine: Disposition of ae-
when this Constitution sliall go into eiiect, snail be trans- suits iu equity

, ,, , „ ^, . ..,.,. , - ., , pcndlnixwhcntliis

lerred to the Courts iiaving jurisdiction thereof, without constitution shall
prejudice by reason of the change, and all such actions and ^ ° o cc ,
suits, commenced before, and pending at, the adoption by
the General Assembly, of the rules of practice and procedure
herein provided lor, shall he heard and determined, accord-
ing to the practice now in use, ..nless otherwise provided for
by said rules.

Sec. 26. The Justices of the Supreme Court shall be Election, terms of

1 111 ^-n ^ !• ^ c\ • • -i ^ Otfice, &C., ©f Su-

elected by the qualmed voters oi the State, as is provided preme and Supe-
for the election of members of the General Assembly. They "*^ °° °^®*?
shall hold their oifices for eight years. The Judges of the
Superior Courts shall be elected in like manner, and shall
hold their offices tor eight years ; but the Judges of the Su-
perior Courts elected at the first election under this Con-
stitution shall, after their election, under the superinten-
dence of the Justices oi tlie Supreme Court, be divided by
lot into two equal classes, one of which shall hold ofhce for
four years, the other f(ir eight years.

Sec. 27. The General Assembly may provide b}^ law that Provision in reia-

.1 T 1 ^ i^i c • r- . • . 1 /. 1 . T -1 tion to election of

the Judges of the Superior Courts, instead of being elected Superior Court

by the voters of the whole State, as is herein provided for, ^ ^^'

shall be elected by the voters of their respective Districts.

Sec. 28. The Superior Courts shall be, at all times, open Transaction of
1 .1 a. ^' ^ 11 1 • •,! • ,1 • • • T . business in the

for the transaction of all business withm their jurisdiction, Superioi- Courts.

except the trial of issues of fact requiring a jury.

Sec. 29. A Solicitor shall be elected for each Judicial Soijcitors for each

Judicial D.stncL
District by the qualified voters thereof, as is prescribed for

members of the Greneral Arsembly, who shall hold office for

the term of four yearn, and prosecut-e on behalf of the State,

in all criminal actions in the Superior Courts, and advise the

officers of justice in his District.

Sec. 30. In each county a Sherifl' and Coroner shall be Sheriff , and Co*©-

elected by the qualified voters thereof, as is prescribed for

members of the General Assembly, and shall hold their

tvffices for two years. In each township there shall be a

Constable elected in like manner by the voters thereof, who

CONSTITUTIOiSr OF NORTH CAROLINA.

shall hold his office for two years. When there is no Coro-
ner in the county, the Clerk of the Superior Court for the
County may appoint one for special cases. In case of a va-
cany existing for any cause, in any of the offices created by
this section, the Commissioners for the County may appoint
to sucli office for the unexpired term.

Vacancies, Sec. 31. All vacancies occurring in the offices provided

for by this Article of this Constitution, shall be filled by the
appointment of tlie Governor, unless otherwise provided for
and the appointees shall hold their places until the next
regular election.

Terms of office of ^^^- ^^- The officers elected at the first election held

der \h£A^fcie"°" ^^^^^ ^^'^^ Constitution shall hold their offices for the terms
prescribed for them respectively, next ensuing after the next
regular election for members of the General Assembly.
But their terms shall begin upon the approval of this Con-
stitution by the Congress of the United States.

Jurisdiction of Sec. 33. The several Justices of the Peace shall have

Justices of the , . ..,..,,. , , , .

Peace. exclusive origmai jurisdiction under such regulations as the

General Assembly shall prescribe, of all civil actions,
founded on contract, wherein the sum demanded shall not
exceed two hundred dollars, and wherein the title to real
estate shall not be in controversy ; and of all criminal mat-
ters arising within their counties, where the punishment
cannot exceed a fine of fifty dollars, or imprisonment for one
month. "When an issue of fact shall be joined before
a justice, on demand of either party thereto, he shall cause
a jury of six men to be summoned, who shall try the same.
The party against whom judgment shall be rendered in any
civil action may appeal to the Superior Court from the same,
and, if the judgment shall exceed twenty-five dollars, there
may be a new trial of the whole matter in the appellate
court ; but if the judgment shall be for twenty-five dol-
lars or less, then the case shall be heard in the appellate
court only upon matters of law. In all cases of a criminal
nature, the party against whom judgment is given may
appeal to the Superior Court, where the matter shall be
heard anew. In all cases brought before a Justice, he shall

C0X5TITUTI0X OF KORTH CAROLINA. 23

make a record of the proceedings, and file the same with the
Clerk of the Superior Court for his count}*.

Sec. 34. When the office of Justice of the Peace shall Vacancies in office

■I'll . . r. , °f Justices,

become vacant, otherwise than by expiration of the term,

and in case of a failure by the voters of any District to elect,

the Clerk of the Superior Court for the county shall appoint

to fill the vacancy for the unexpired term.

Sec. 35. In case the office of Clerk of a Superior Court Vacancies in office
, 1 . 1 i , o^ Superior Couj-t

lor a county shall become vacant otherwise than by the Clerk
expiration oi the term, and in case of a failure by the people
to elect, the Judge of the Superior Court for the county
shall appoint to fill the vacancy until an election can be
regularly held.

AETICLE Y.

REVENUE AifD TAXATION.

Section 1. The General Assembly shall levy a capitation Capitation tax.
tax on every male inhabitant of the State over twenty-one
and under fifty years of age, which shall be equal on each,
to the tax on property value at three hundred dollars in
cash. The Commissioners of the several counties may Exemptions,
exempt from capitation tax in special cases, on account of
poverty and infirmity, and the State and county capitation
tax combined shall never exceed two dollars on the head.

Sec. 2. The proceeds of the State and county capitation Application of
tax shall be applied to the purposes of education and the und*^county capita-
support of the poor, but in no one year shall more tlian ^^^^ ^^'
twent3'-five per cent, thereof be appropriated to the latter
purpose.

Sec. 3. Laws shall be passed taxing, by a uniform rule, Taxation shall be
all moneys, credits, investments in bonds, stocks, joint- and^ad vSonMn?
stock companies or otherwise ; and, also, all real and per-
5

24:

CONSTITUTION CF NOKTH CAROLINA.

Payment of in-
terest on i)ublic
debt.

Keetriction upon
the increase of tlic
public debt, ex-
cept in certain
contino'cncies.

Property exemp-
tiOHS from taxa-
tion.

Taxes IcTicd by-
County Commis-
sioners.

sonal property, according to its true \'alue in money. The
General Assembly may also tax trades, professions, fran-
cliises, and incomes, provided that no income shall be
taxed when the property, from which the income is derived,
is taxed.

Sec. 4. The General Assembly shall, by appropriate legis-
lation and by adequate taxation, provide for the prompt and
regular payment of the interest on the public debt, and after
the year 1880, it shall lay a specific annual tax upon the
real and personal property of the State, and the sum thus
realized shall be set apart as a sinking fund, to be devoted
to the payment of the public debt.

Sec. 5. Until the bonds of the State shall be at par, the
General Assembly shall have no power to contract any new
debt or pecuniary obligation in behalf the State, except to
supply a casual deficit, or for suppressing invasion or insur-
rection, unless it shall in the same bill levy a special tax to
pay the interest annually. And the General Assembly shall
have no power to give or lend the credit of the State in aid
of any person, association or coi^poration, except to aid in
the completion of such railroads as may be unfinished at
the time of the adoption of this Constitution, or in which
the State has a direct pecuniary interest, unless the subject
be submitted to a direct vote of the people of the State, and
be approved by a majority of those who shall vote thereon.

Sec. 6. Property belonging to the State, or to municipal
corporations, shall be exempt from taxation. The General
Assembly may exempt cemeteries, and property held for
educational, scientific, literary, charitable, or religious pur-
poses; also, wearing apparel, arms for muster, household
and kitchen furniture, the mechanical and agricultural im-
plements of mechanics and farmers, libraries and scientific
instruments, to a value not exceeding three hundred dollars.

Sec. 7. The taxes levied by the Commissioners of the
several counties for county purposes, shall be levied in like
manner with the State taxes, and shall never exceed the
double of the State tax, except for a special purpose, and
with the special approval of the General Assembly.

CONSTITUTION OP NOETH CAKOLINA. 25

Sec. 8. Every actot the General Assembly, levying a tax, Acts icvyino; taxes

^ * Sufliil 610.16 ODjCCl^

shall state the special object to which it is to be applied, and &c.
it shall be applied to no other purpose.

AETICLE YI.

SUFFRAGE AND ELIGIBILITY TO OFFICE.

Section 1. Every male person born m the United States, Qualification of i

111, T 1 an elector. .

and every male person who has been naturahzed, twenty- i

one years old, or upward, who shall have resided in this

State twelve months next preceding the election, and thirty

days in the county in wliich he oilers to vote, shall be [

deemed an elector. ^

Sec 2. It shall be the duty of the General Assembly Resisti-ation of

electors

to provide, from time to time, lor the registration of all " j

electors, and no person shall be allowed to vote without

registration, or to register, without first taking an oath or j

affirmation to support and maintain the Constitution and ]

laws of the United States, and the Constitution and laws of ;
2s^orth Carolina, not inconsistent therewith.

Sec. 3. All elections by the people shall be by ballot, and Elections by pco- ]

all elections by tlie General Assembly shall be viva voce. A^sembiy?"'^'^" '

Sec. 4. Every voter, except as hereinafter provided, shall
be ehgible to office ; but before entering upon the discharge

of the duties of his office, he shall take and subscribe the '

following oath : *' I, , do solemnly swear (or affirm) that ^'^^'' "^ °®'-"'^- i

I will support and maintain the Constitution and laws of I

the United States, and the Constitution and laws of Korth , |

Carolina not inconsistent therewith, and that I will faith- ,

fully discharge the duties of my office. So help me God." '

Sec. 5. The following classes of persons shall be disqual- Di^ciuftiificationa j

ified for office : First, All persons who shall deny the being " j

of Almighty God. Second, All persons who shall have \

CONSTITUTION OF NOKTH CAROLINA.

been convicted of treason, perjury, or of any other infamous
crime, since becoming citizens of the United States, or of
corruption, or mal-praetice in office, unless such person shall
have been legally restored to the rights of citizenship.

AKTICLE YII.

MUNICIPAL CORPOEATION.

County officers.

Duty of County
Commissioners.

Counties to be di-
vided into dis-
ia-icts.

Said districts shall
have corporate
powers as Town-
sliips.

Officers of Town-
filiips.

Section 1. In each county, there shall be elected, bien-
nially, by the qualified voters thereof, as provided for the
election of members of the General Assembly, the following
officers : A Treasurer, Kegister of Deeds, Surveyor and
Five Commissioners.

Sec. 2. It shall be the duty of the Commissioners to exer-
cise a general supervision and control of the penal and
charitable institutions, schools, roads, bridges, levying of
taxes and finances of the county, as may be prescribed by
law. The Register of Deeds shall be ex offido, Clerk of the
Board of Commissioners.

Sec. 3. It shall be the duty of the Commissioners first
elected in each county, to divide the same into convenient
Districts, to determine the boundaries and prescribe the
names of the said Districts, and to report the same to the
General Assembly before the first day of January, 1869.

Sec. 4. Upon the approval of the reports provided for in
the foregoing section, by the General Assembly, the said
Districts shall have corporate powers for the necessary pur-
poses of local government, and shall be known as Town-
ships.

Sec. 5. In each Township there shall be biennially elected,
by the qualified voters thereof, a Clerk and two Justices of
the Peace, who shall constitute a Board of Trustees, and
shall, under the supervision of the County Commissioners,

CONSTITL'TION OF NOKTH CAKOLINA. 27

have control of tlie taxes and finances, roads and bridges of
the Township as may be prescribed by law. The General
Assemljly may provide for the election of a larger number
of Justices of the Peace in Cities and Towns and in those
Townships in which cities and towns are situated. In every
Township there shall also be biennially elected a School
Committee, consisting of three persons, whose duty shall be
prescribed [by] law.

Sec. 6. The Township Board of Trustees shall assess the Trustees shall as-

. S6SS property.

taxable property of their townships and make return to the

County Commissioners, for revision, as may be prescribed

by law. The Clerk shall also be, ex officio, Treasurer of the

Township.

Sec. T. Xo Coimty, City, Town, or other municipal cor- No debt or loan
poration shall contract any debt, pledge its faith, or loan its jority of Voters,
credit, nor shall any tax be levied, or collected by any officers
of the same, except for the necessarj^ expenses thereof,
unless by a vote of a majority of the qualified voters therein.

Sec. 8. Xo money shall l)e drawn from any County or Drawing of money
Tpwnship Treasury, except by authority of law.

Sec. 9. All taxes levied by any County, City, Town, or Taxes to beadva-
Township, shall be uniform and ad valorem, upon all pro-
perty in the same, except property exempted by this Con-
stitution.

Sec. 10. The county officers first elected under the pro- When officers en-
visions of this Article shall enter upon their duties ten days '^'" "^^ " ^'
after the approval of this Constitution by the Congress of
the United States.

Sec. 11. The Governor shall appoint a sufficient number Governor to ap-
of Justices of the Peace in each county, who shall hold their ^'""'^ '^'''^^''''•
places until sections four, five and six of this Article shall
have been carried into eft'ect.

Sec. 12. All charters, ordinances and provisions relating charters to remain
to municipal corporations shall remain in force until legally gaiwhan"'-ed ^^
changed, unless inconsistent with the provisions of this Con-
stitution.

Sec. 13. IS^o County, City, Town or other municipal cor- Debts in aid of
poration shall assume or pay, nor shall any tax be levied or S^he jl.Si.'"" ""*

CONSTITUTION' OF NORTH CAROLINA.

collected for the payment of any debt, or the interest upon
any debt, contracted directly or indirectly in aid or support
of the rebellion.

ARTICLE YIII.

COEPOKATIONS OTHER THAN MUNICIPAL.

Corporations un-
der general laws.

Debts ©f corpora-
tions, how se-
cured.

What corpora-
tion shall include.

Legislature to pro-
vi(te for organiz-
ing Cities, Towns,
<&c.

Section 1. Corporations may be fomied under general
laws, but shall not be created by special act, except for mu-
nicipal purposes, and in cases where, in the judgment of the
Legislature, tlie object of the corporations cannot be attained
under general laws. All general laws and special acts
passed, pursuant to this section, may be altered from time to
time or repealed.

Sec 2. Dues from corporations shall be secured by such
individual liabilities of the corporations and other means, as
may be prescribed by law.

Sec. 3. The term corporation, as used in this Article,
shall be construed to include all associations and joint-stock
companies, having any of the powers and privileges ot cor-
porations, not possessed by individuals or partnerships.
And all corporations shall have tlie right to sue, and shall
be subject to be sued in all Courts, in like cases as natural
persons.

Sec 4. It shall be the duty of the Legislature to provide
for the organization of Cities, Towns and incorporated Vil-
lages, and to restrict their power of taxation, assessments,
borrowing money, contracting debts, and loaning their
credit, so as to prevent abuses in assessments and in con-
tracting debts by such municipal corporation.

OOKSTITUTIOX OF XORTH CAROLINA. 2^

ARTICLE IX.

EDUCATION.

Section 1. Keli^ion, morality and knowledj^e being Education shall
,^ , ,, . /•'"i-jbe encouraged,

necessary to good government and happmess oi mankind,

schools and the means of education shall forever be en-
couraged.

Sec. 2. The General Assembly, at its first session under ^Jj^a^r'^^-^vidTfor
this Constitution, shall provide by taxation and otherwise schools.
for a general and uniform system of public schools, "vrherein
tuition sliall be free of charge to all the children of the
State between the ages ot six and twenty-one years.

Sec. 3. Each county of the State shall be divided into a Counties toTjedi-

•^ . . vided into dis-

convenient number of Districts, in v.'hich one or more pubhc tricts.

schools shall be maintained at least four months in every

year; and if the Commissioners of any county shall fail to

comply with the aforesaid requirements of this section, they

shall be liable to indictment.

Sec. 4. The proceeds of all lands that have been, or ^KSted

hereafter may be fi^ranted by the United States to this State *» educational

, , , . purposes.

and not otherwise specially appropriated by the United

States or heretofore by this State ; also, all moneys, stocks,

bonds, and other property now belonging to any fund for

purposes of education ; also, the net proceeds that may accrue

the State from sales of estrays, or from fines, penalties and

forfeitures ; also the proceeds of all sales of the swamp

lands belonging to the State ; also, all money that shall be

paid as an equivalent for exemption from military dut}'' ;

also, all grants, gifts or devises that may hereafter be

made to this State, and not otherwise appropriated by the

grant, gift or devise, shall be securely invested, and sacredly

preserved as an irreducible educational fund, the annual

income of which, together with so much of the ordinary

revenue of the State as may be necessary, shall be faithfully

appropriated for establishing and perfecting in this State a

CONSTITUTION OF NOKTII CAKOLINA.

Uuiversity and
Public Schools
not to be separa-
ted.

Benefits of the
University.

Board of Educa-
tion.

Pr<Sfideut and Sec-
retary.

Power of Board.

First session of
Board.

Qiiorum.

Expenses.

system oi free piiulic schools, and for no other purposes or
uses whatever.

Sec. 5. The University of North Carolina, with its lands,
emoluments and franchises, is under the control of the State,
and shall be held to an inseparable connection with the free
public school system of the State.

Sec. 6. The General Asssembly 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
dividends, or distributive shares of the estates of deceased
persons, shall be appropriated to the use of the University.

Sec. 7. The Governor, Lieutenant Governor, Secretary of
State, Treasurer, Auditor, Superintendent of Public "Works,
Superintendent of Public Instruction and Attorney General,
shall constitute a State Board of Education.

Sec. 8. The Governor shall be President, and the Super-
intendent of Public Instruction shall be Secretary of the
Board of Education.

Sec. 9. The Board of Education shall succeed to all the
powers and trusts of the President and Directors of the Lit-
erary Fund of !N^orth Carolina, and shall have full power to
legislate and make all needful rules and regulations in rela-
tion to free public schools and the educational fund of the
State ; but all acts, rules and regulations of said Board may
be altered, amended or repealed by the General Assembly,
and when so altered amended or repealed, they shall not be
re-enacted by the Board.

Sec. 10. The first session of the Board of Education shall
be held at the Capitol of the State, within fifteen days after
the oro:anization of the State o-overnment under this Consti-
tution ; the time of future meeting may be determined by
the Board.

Sec. 11. A majority of the Board shall constitute a quo-
rum for the transaction of business.

Sec. 12. The contingent expenses of the Board shall be
provided for by the General Assembly.

COXSTITUTION OF NORTH CAROLINA. 31 ;

Sec. 13. The Board of Education shall elect Trustees for Trustees for the ,

r\ m 1^ 1 Uuiversity.

the L niversity as follows : One Trmstee for each county in !

the State, whose term of office shall be eight years. The I

first meeting of the Board shall be held within ten (10) days i

after their election, and at this and every subsequent meet- l

ing ten Trustees shall constitute a quorum. The Trustees, '
at their first naeeting, shall be divided, as equall}'- as may be,

into four classes. The seats of the first class shall be vacated j

at the expiration of two years ; of the second class, at the 1

expiration of four years ; of the third class, at the expiration !

of six years ; of the fourth class, at the expiration ot eight I
years ; so that one-fourth may be chosen every second year.

Sec. 14:. The Board of Education and the President of Board of Trustees ;

the University shall be ex officio members of the Board of |

Trustees of the University ; and shall, with three other \

Trustees, to be appointed by the Board of Trustees, con- j

stitute the Executive Committee of the trustees of the Uni- \

versity of Xorth Cai'olina, and shall be clothed with the i
powers delegated to the Executive Committee under the

existing organization of the Institution. Tlie Governor ',

shall be, ex (fficio, President of the Board of Trustees and '

Chairman of the Executive Committee of the University. ■

The Board of Education shall provide for the more perfect \

organization of the Board of Trustees. <

Sec. 15. All the privileges, rights, franchises and endow- privileges and i

ments heretofore granted to, or conferred upon, the Board "f^. Bo^aTd.^ "^ i

of Trustees of the University of Xortli Carolina by the char- ' i

ter of 1789, or by any subsequent legislation, are hereby ;

vested in the Board of Trustees, authorized by this Consti- ]

tution, for the perpetual benefit of the University. j

Sec. 1G. As soon as practicable after the adoption of this AKricuitural.De- '

Constitution, the General Assembly shall establish and i^^''^°^^'^*- j

maintain in connection with the University, a Department '
of Agriculture, of Mechanics, of Mining, and of Xormal In-
struction.

Sec 17. The General Assembly is hereby empowered to ciiiidren must at- I

enact that every child, of sufficient mental and physical tendsciiooi. ,

ability, shall attend the public schools during the period '

coNSTmi'noN of nokth Carolina.

between the ages of six and eigliteen years,', for a term of
not less than sixteen months, imless educated by other
means.

AETICLE X.

HOMESTEADS iVND EXEMPTIONS.

Exemptions.

Homestead.

Homestead ex-
empted from
debt.

Laborer's lien.

Benefit of widow.

Section 1. The personal property of any resident of thi&
State, to the value of five hundred dollars, to be selected by
such resident, shall be, and is hereby exempted from sale-
under execution, or other final process of any Court, issued
for the collection of any debt.

Sec. 2, Every homestead, and the dwelling and buildings-
used therewith, not exceeding in value one thousand dollars
to be selected by the owner thereof, or in lieu thereof, at
the option of the owner, any lot in a City, Town or Village^,
with the dwelling and buildings used thereon, owned and
occupied by any resident of this State, and not exceeding
the value of one thousand dollars, shall be exempted from
sale under execution, or other final process, obtained on any
debt. But no property shall be exempt from sale for taxeSy
or for payment of obligation^ contracted for the purchase of
said premises.

Sec. 3. The homestead, after the death of the owner
thereof, shall be exempt from the payment of any debt,
during the minority of his children, or any one of them.

Sec. 4. The provisions of section one and two of this
Article shall not be so construed as to prevent a laborer's
lien for work done and performed for the person claiming
such exemption, or a mechanic's lien for work done on the
premises.

Sec. 5. If the owner of a homestead die, leaving a widow,
but no children, the same shall be exempt from the debts of

CONSTITUTION OF NORTH CAEOLINA. 33

her Imsband, and the rents and profits thereof shall insure
to her benefit during her -widowhood, unless she be the
owner of a homestead in her own right.

Sec, 6. The real and personal property of any female in Property of a mar-

, in 1 n^^ ICiinftlO 6©-

this State, acquired before marriage, and all property, real cuerdto her.
and personal, to which she may, after marriage, become in
any manner entitled, shall be and remain the sole and sep-
arate estate and property of such female, and shall not be
liable for any debts, obligations or engagements of her
husband, and may be devised or bequeathed, and, with the
written assent of her husband, conveyed by her as if she
were unmarried.

Sec. 7. The husband may insure his own life for the sole Husband may in-
use and benefit of his wife and children, and in case of the the benefit of wif&
death of the husband the amount thus insured shall be paid """^ children.
over to the wife and children, or the guardian, if under age,
for her, or tlieir own use, free from all the claims of the
representatives of the husband, or any of his creditors.

Sec. 8. Nothing contained in the foregoing sections of this How deed for
.,•.■.1 ,1 i»i i.j Homestead may

Article shall operate to prevent the owner ot a homestead be made.

from disposing ot the same by deed ; but no deed made by
the owner of a homestead shall be valid without the volun-
tary signature and assent of his wife, signified on her private
examination accordinor to law.

ARTICLE XI.

PUNISHMENTS, PENAL INSTITUTIONS AND PUBLIC CHARITIES.

Section 1. The following punishments only shall bo Punishments.
known to the laws of this State, viz : death, imprisonment,
with or without hard labor, fines, removal from office and
disqualification to hold and enjoy any office of honor, trust,
or profit under this State.

CONSTITUTION OF NOETH CAEOLmA.

Penitentiary.

Houses of coiTec-
tion.

The sexes to be
separated.

De^th punish- gj.p_ 2. The object of i:)unisliinents, being not only to

satisfy justice, but also to reform the offender, and thus
prevent crime, murder, arson, burglary, and rape, and these
only, may be punishable with death, if the General Assembly
shall so enact.

Sec. 3. The General Assembly shall, at its first meeting,
make provision for the erection and conduct of a State's
Prison or Penitentiary at some central and accessible point
within the State.

Sec. 4. The General Assembly may provide for the
erection o± Houses of Correction, where vagrants and per-
sons guilty of misdemeanors shall be restrained and usefully
employed.
Houses of refuge. Seo. 5. A Ilouse or Houscs ot Kcfuge may be established
whenever the public interest may require it, for the correc-
tion and instruction of other classes ot offenders.

Sec. 6. It shall be required by competent legislation,
that the structure and superintendence ot penal institutions
of the State, the County jails, and City police prisons,
secure the health and comfort of the prisoners, and that male
and female prisoners be never confined in the same room or
cell.

Sec. 7. Beneficent provision for the poor, the unfortunate
and orphan, being one of the first duties of a civilized and a
christian state, the General Assembly shall, at its first
session, appoint and define the duties of a Board of Public
Charities, to whom shall be entrusted the supervision of all
charitable and penal State institutions, and who shall
annually report to the Governor upon their condition, with
suggestions for their improvement.

Sec. S. There shall also, a? soon as practicable, be
measures devised by the State for the establishment of one
or more Orphan Houses, where destitute oiq^hans may be
cared for, educated and taught some business or trade.

Sec. 9. It shall be the duty of the Legislature, as soon as
practicable, to devise means for the education of idiots and
inebriates.

Provisions fo the
poor and orphans

Orplian houses.

Inebriates and
Idiots.

CONSTITTTION OF NORTH CAKOLINA. !J5 ;

(

Sec. 10. Tlie General Assernblv shall provide that all the Deaf mutes and j

deaf mutes, the blind and the insane ot the State, shall be ,

cared for at the charge of the State. ^

Sec. 11. It shall be steadily kept in view bv the Legisla- Scifsupporthm-. J

tnre, and the Board ol Public Chanties, that all penal and ■

charitable institutions should be made as nearly self-sup- i

porting as is consistent with the purposes of their creation. 'i

AETICLE XII.

MILITIA.

Section 1. All able bodied male citizens of the State ol wiio are liable to
North Carolina, betw^een the ?ges of twenty-one and forty
years, who are citizens of the United States, shall be liable
to duty in the militia: Provided, That all persons who
may be adverse to bearing arms, from religious scruples,
shall be exempt therefrom.

Sec, 2. The Genei-al Assembly shall provide for the Organizinu;, vNic.
organizing, arming, equipping and discipline of the militia,
and for paying the same when called into active service.

Sec. 3. The Governor shall 1)e Commander-in-Chief, and Governor Oom-
have power to call out the militia to execute the law, sup-
press riots or insurrection, and to repel invasion.

Sec. 4. The General Assembly shall have power to make ExcmpUoMs.
such exem])tions as may be deemed necessary, and to enact
laws that may be expedient for the government of the
militia.

CONSTITUTIOIf OF NOKEH CAKOLmA,

ARTICLE XIII.

AMENDMENTS.

Convention,
■called.

how

How the Constitu-
tion may be al-
tered.

Section 1. No Convention of the people shall be called
by the General Assembly unless by the concurrence of two-
thirds of all the members of each House of the General
Assembly.

Sec. 2. !N"o part of the Constitution of this State shall be
altered, unless a bill to alter the same shall have beeii read
three times in each House of the General Assembly and
agreed to by three-fifths of the whole number of members
of each House respectively ; nor shall any alteration take
place until the bill, so agreed to, shall have been published
six months previous to a new election of members to the
General Assembly. It, alter such publication, the altera-
tion proposed by the preceding General Assembly shall be
agreed to, in the first session thereafter, by two-thirds of the
wholejepresentation in each House of the General Assem-
bly, after the same shall have been read three times on throe
several days in each House, then the said General Assembly
shall prescribe a mode by which the amendment or amend-
ments may be submitted to the qualified voters of the House
of Representatives throughout the State ; and If, upon com-
paring the votes given in the whole State, it shall appear
that a majority of the voters voting thereon have approved
thereof, then, and not otherwise, the same sliall becoine a
part of the Constitution.

ARTICLE Xiy

MISCELLANEOUS.

Indictments. SECTION 1. All indictments which shall have been found,

or may hereafter be found, for any crime or ofience commit-
ted before this Constitution takes effect, may be proceeded

CONSTITUTION OF NOKTH CAROLINA. 87

upon ill the proper Courts, but no punishment shall be
inflicted, which is torbidden by this Constitution.

Sec. 2. Xo person who shall hereafter fight a duel, or assist Penalty^ for fight-
in the same as a second, or send, accept, or knowingly carry
a challenge therefor, or agree to go out of this State to fight
a, duel, shall hold any otiice in this State.

Sec. 3. Xo money shall be drawn from the Treasury but Drawing money,
in consequence of appropriations made by law, and an accu-
rate account of the receipts and expenditures of the public
money shall be annually published.

Sec. 4. Tlie General Assembly shall provide, by proper Mechanics' lien,
legislation, for giving to mechanics and laborers an adequate
lien on the subject matter ol their labor.

Sec. 5. In the absence of any contrary provision, all ofli- ^p^'XeJt?^^*
cers in this State, whether heretofore elected, or appointed
by the Governor, shall hold their positions only until other
appointments are made by the Governor, or, if the ofiicers
are elective, until their successors shall ha^e been chosen
and duly qualified, according to the provisions of this Con-
stitution.

Sec. 6. The seat of government in this State shall remain 1^^^^°/ ^^'^^''''-
at the City of Kaleigh.

Sec. 7. Ko person shall hold more than one lucrative HoMing office,
ofiice under the State, at the same time : Provided, That
officers in the ]\Iilitia, Justices of the Peace, Commissioners
of Public Charities and Commissioners appointed for special
purposes, shall not be considered officers within the meaning
of this section.

Done in Convention at Ealeigh, the sixteenth day of
March, in the year of our Lord one thousand eight hundred
and sixty-eight, and of the Independence of the United
States the ninety-second.

PUBLIC LAWS

OF THE

STATE OF NORTH CAROLINA.

PUBLIC LAWS

OF THE

STATE OF NOETH CAROLINA,

SESSION 187 0'71.

CHAP TEE I. I

AN ACT TO PROVIDE FOR A SPECIAL TERM OF THE SUPERIOR ]

COURT OF DAVIDSON COUNTY. ^ \

\ I

Whereas, Actions are now pending and at issue in tlie ^rea^^^c* ;

superior court of Davidson county involving the title to the
offices of sheriff aud county commissioners of said county, '

and an early determination of said actions is necessary to
prevent the affairs of said county from falling into confusion ; '

Section 1. The General Assembly of North Carolina do ^if^^^mV '
enact, That a special term of the superior court shall be ^^"'^•
held for said county, at the court house in Lexington, to
begin on Monday the nineteeth day of December, eighteen ,

hundred and seventy, for the sole purpose of trying the two i

actions aforesaid, in one of whicli the state on the relation of
Samuel S. Jones and others is plaintiff", and John S. Snider ^^^^'^^ction. ;

and others defendants : and in the other, of which the state
on the relation of W. M. Shipp, attorney general, and David
Luftin is plaintiff, and Jacob A. Sowers is defendant, and \

said special term shall continue from day to day until both j

of said actions are disposed ot ; said actions shall not be
removed nor sliall either of them be continued, unless im-
peratively necessary to the rights of the parties ; and to avoid 1
tlie necessity of continuance for absence of witnesses, the \

42 1870-'71.— Chapter 1—2.

court shall, if needful, compel their attendance by capias,
returnable without delay.
SSriff to^ummo'S ^^- 2- That the acting coronor of said coiintv shall per-
jnrors. form the duties of sherifi" at said special term, and shall also

forthwith summon twentj'-four good and lawful men, to be
and appear at the court house on the day aforesaid, to serve
as jurors at said special term ; and if other jurors are needed
the court may order talismen to be summoned in tlie usual
manner.

GovCTnor u> ap- Seo. 3. That the governor shall appoint one of the iuderes
point a Judge to , ® ^^ jo

hold court. of the Superior court to hold said special term, whose com-

pensation therefor shall be the same as is allowed by law to
judges for holding special terms of superior court.
Appeal. Sec. 4. That in case an appeal is taken to the supreme

court in either of said actions, it shall be the duty of the
parties to bring up the case or cases without delaj', that the
supreme court may hear and determine the same at its
January term, 18T1, as they are requested to do.
to bftuSlsh?/^* ^^^- ^' '^^^^ copies of this act shall be at once foi-wai-ded
by the secretary of state to G. W. Pickett, acting coroner,
and L. E. Johnson, clerk of the superior court for said county ;
and said clerk shall give notice thereof forthwith to the
respective parties in said actions.

When act to take Sec. 6. That this act shall take effect from the date of its
effect.

ratification.

Katified the 3rd day of December A. D. 1870.

CHAPTER II.

AN ACT TO EXTEND THE TIME FOR COLLECTING AND PAYING
OVER THE TAXES FOB COUNTY PURPOSES FOR THE COUKIT
OF CLEAVELAND.

To have until Feb- SECTION 1. The General Ai^^^crnlJ a (^ NvHh Corolrita do

•razr^ 15th, 1871, ^

to settle with com- enacL That J. O. Bridges, tax colei-torfor the county of Cleave

missionere.

1870-'71.— Chapter 2—8—4. 43

land, sliall have until the fifteenth day of Februarj-', eighteen

hundred and seventy-one, to collect the taxes for county

purposes of the county of Cleaveland, and to settle with the

county commissioners of said county.

Sec. 2. This act shall be in force from and after its rati- Wheaactto beia
r, .. fo^ce.

fication.

Eatified the 3d day of December, 1870.

CHAPTER III.

AN ACT TO ABOLISH THE OFFICE OF STATE PKINTEB AXD FOE
OTHER PURPOSES.

Section 1. The General AsseiMy of North Carolina office of stat«
do enact, That the office of state printer be and the same is » er a o s e
hereby abolished, and all laws and parts of laws in conflict
with this act are hereby repealed.

Sec. 2. That the joint committee on printing are hereby Joint Comtuittee

authorized to let and make contracts for the public printing

upon such terms as they may deem reasonable.

Sec. 3, This act shall be in force from and after its ratifi- w^^^ actio be in

force,
cation.

Ratified the 5th day of December, A. D. 1870.

CHAPTER lY.

AN ACT appointing A COMMISSIONER TO TAKE CERTAIN DEPOSI-
TIONS relative TO THE SENATORIAL ELECTION IN 00UNTXE8
OF GRANVILLE AND PERSON.

Section 1. The General As^emhly of North Carolina w. A. Allen ap-
do enact, That W. A. Allen be and he is hereby appointed Sonlf ^°"'°'^"
a commissioner to take the depositions of such witnesses as

1870-'71.— Chapter 4.

Powers, &e.

Either party to
contest may Etim«
mon witnesses.

Depositions in
■writing to be ad-
dressed to Presi-
dent of Senate.

Depositions to be
read.

Commissioners
may employ a
clerk.

Commissioners to
give notice.

may be produced before him at such times and places as he
may designate in the counties of Granville and Person, to
be read in evidence as touching the election of Robert W.
Lassiter and Samuel C. Barnett as senators in the present
general assembly of this stale from the twenty-first senatorial
district, contested by Leonidas C. Edwards and William A.
Bradsher, who claim to be the lawfully elected senators
from said district ; and that said commissioner shall have all
the powers of a judge of the superior court, to compel the
attendance before him of such witnesses, and to cause them
to testify in that behalf, and superintend and direct their exam-
ination, and to decide upon the competency or relevancy of
testimony, and to preserve order and decorum on the part of
witnesses, counsel and all other persons present at the taking
of such depositions, and to enforce his orders in that behalf
by process of attachment if need be.

Sec. 2. That either of the parties claiming to have been
elected from said senatorial district, their attorneys or agents
may apply to the clerk of the superior court of Granville
county, or to the clerk of the superior court of Person
county for a subpoena for such witnesses as they may desire to
examine before said commissioner, and such subpoena shall
be made returnable before such commissioner at the time
and place designated by him, and shall be directed to and
executed by either the sheriff of Granville or Person county.

Sec. 3. That said commissioner shall take such depositions
in writing as soon as may be an 1 enclose the same according
to law to the president of the senate.

Sec. 4. That the depositions so taken shall be read in evi-
dence as to the contested right of both the said senators, and
but one deposition of any such witness shall be taken.

Sec. 5. That said commissioner shall have power to em-
ploy a clerk, whose compensation shall not exceed the sum
of two dollars {$2) 2)er diem.

Sec. 6. That five days notice in writing of the time and
place for taking depositions by said commissioner shall be
given by him to the respective parties claiming to have been
elected from^ said district, or to their attorneys or agents,

1870-'n.— Chaptek 4—5. 45

nnless the said notice shall be waived by them ; such notice
to be served by the sheriff of Granville or Person county, or
by the Commissioner in person or any one appointed by him
in writing, to make such service.

Sec. 7. That any deposition or depositions heretofore law- fion^s to be wad in
fully taken, touching the said contested election, may be evidence,
read in evidence, notwithstanding this act.

Sec. 8. Tliis act shall be in force from and after its ratifi- JJJ^f^ ^^^ *« ^'^ ^°
cation.

Eatified the Gth day of December, A. D. 1870.

CHAPTER V.

AN ACT COXCERXING TOWXSIIIPS IN THE COUNTY OF JACKSON. !

Section 1. 77ie General Assembly of North Carolina do Districts reported ,
enact^ That the districts reported by the commissioners of approved. j

Jackson county to the last session of the general assembly
are hereby approved ; and said districts, in obedience to
article seven, sections three and four of the constitution, in
each district shall have corporate powers, and shall be
known as townships by the boundaries, and by the names
respectively designated in said report, in as full and ample a
manner as if said district had come under and within the
provisions of " an act concerning townships," being chapter ^

one hundred and eighty-five of the public laws, passed at
the session of one thousand eight hundred and sixty-eight,
and one thousand eight hundred and sixty-nine, and ratified "j

the tenth day of April, one thousand eight hundred and ^

sixty-nine. i

Sec. 2. Be it further enacted^ That the election for town- Election of town-
ship officers under the said article of the constitution and ^ '^ °
the act of the general assembly rofcred to in the first section '

in the above named county shall take place on the second \

Monday of January, one thousand eight-hundred and seventy- i

1
\

46 1870-'71.— Chapter 5—6.

one ; and the'provisions of said act shall apply in all respects
to the election herein directed.

OflBcarg to qualify Sec. 3. Be it further enacted^ That the officers elected
under the provisions of this act shall qualify within ten days
after the second Monday in January, and shall hold their
respective offices nntil the first Thursday in August, one
thousa,nd, eight hundred and seventy-three, or until their
successors are elected and qualified.

men act to take g^^^ ^ ^^ ^^ further enacted, That this act shall take
efiect and be in force from and after its ratification.
Batified the 8th day of December, A. D. 1870.

CHAPTER YI.

AN ACT FOE THE BELIEF OF JNO. D. DAVIS, SHEKIFF OF CARTEEET

COUNTY.

To ba allowed un- SECTION 1. The General Assemhly of North Carolina do
settle with Trees- enact. That Jno. D. Davis, sheriff of Carteret county, shall

urer.

be allowed until the first day of February, A. D. 1871, to

settle with the treasurer of the state for taxes due the state

for the year 1870.

Relief from pen- Sec. 2. That all fines, pains and penalties incurred by

said sheriff, for not settling wi-'h the treasurer at an earlier

date be, and the same are hereby repealed ; provided, that

the said sheriff" shall on or before the first cay of February,

1871, pay to the said treasurer the full amount due as taxes

by said count}'", and also all costs which have or may accrue by

virtue of any suit commenced or to be commenced to enforce

the penalty incurred by said sheriff for his failure to settle

with said treasurer as the law directs.

When act to be in Sec. 3. This act shall be in force from and after ite rati-
force.

ncation.

Ratified the 13th day of December, A. D. 1870.

1870-'71.— CnAFTER 7—8. 47

CHAPTEE YIL

AN ACT TO KEPEAL AN ACT ENTITLED " AN ACT TO SE€UEE
THE BETTER PROTECTION OF LIFE AND PROPERTY,'* RATI-
FIED THE T^\'ENTY-NINT^ DAY OF JANUARY, ONE THOUSAND
EIGHT HUNDRED AND SEVENTY.

Section 1. The General AssemUy of Worth Carolina do RepeaUng oJause.
enact^ Tliat the act of the general assembly entitled " an act
to secure the better protection of life and property," ratified
the twenty-ninth day of January, one thousand eight hun-
dred and seventy, and which is to be found on pages sixty-
four, sixty-five and sixty six, chapter twenty-seven of the
public laws of one thousand eight hundred and sixty-nine,
and one thousand eight hundred and seventy, be and the
same is hereby repealed.

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

., . in force,

ncation.

Ratified the 13th day of December, A. D. 1870.

CHAPTER VIII.

AN ACT- IN RELATION TO THE KEEPER OF THE CAPITOL.

Section 1. TTie General Assemhly of North Carolina do Repealing clause.
enact, That so much of section three, chapter one hundred
and three of the re^'ised code, as authorizes the board created
by section two of said chapter, to appoint some suitable and
discreet person to take charge of the capitol, be and the same
is liereby repealed.

Sec. 2. The general assembly shall, on the fourth Wednes- General Assembly

o J } to elect a Keeper

day of each and every session, elect a keeper of the cApitol, ^' *|!*^ Capitoi,

•' ^ ' ' ^ _ '^ ' Public Grounds

public grounds and arsenal, who shall hold his place until and Arsenal.

his successor is elected, and tiles bond, as required by section

six of the aforesaid chapter.

48 1870-'71.— Chapter 8—9—10.

Duties of Keeper. Sec. 3. The duties of the keeper shall be such as are now

prescribed by law.
When act to be in Sec. 4. This act shall be in force from and after its ratifi-

f orce.

cation,

Katified the 14th day of December, A. D. 1870.

CHAPTER IX. i

AN ACT TO EXTEND THE TIME FOK COLLECTING AND PATTNa

OVER TAXES IN ALAMANCE AND CASWELL. M

Extension of time SECTION 1. The General Assembly of North Carolina d& '

to collect and set- „ _r y •ct- t- ^ cat '

tie for taxes. cno/it, Ihat Albert JMurray, sherm oi the county ot Ala-
mance, and the sheriff of Caswell county, shall have until ;
the first day of February, 1871, to collect the taxes for county \
purposes of their respective counties, and to settle with the- I
county commissioners of their respective counties. ;

When act to be in Sec. 2. That this act shall be in force from its ratifica- |

force; , . :
tion.

Ratified the 15th day of December, A. D. 1870. '

CHAPTER X. i

AN ACT TO APPOINT TWO COMMISSIONERS TO TAKE DEPOSITIONS i

IN THE MATTER OF THE CONTESTED ELECTION FOR WAYNE. {

COUNTY. !

Commissioners to SECTION 1. The General Assembly of North Carolina \

go to Goldsboro' . . -, . ^ •, -,

and taiie evidence do enact, Ihat two Commissioners be appointed by the
speaker of the house of representatives to go to Goldsboro^

and take written and sworn evidence in relation to alleged j

illegal votes and other frauds at the Goldsboro' ballot box in \

1870-'71.— Chafteb 10—11. 49

the election for laeuibers of the house of representatives of
this general assembly at the last election.

Sec. 2. That said commissioners shall "have, when acting Authority of Com-

'^ ° nijssioners.

as such commissioners, all the authority of a jndge of the

superior court.

Sec. 3. That said commissioners be aUowed five dollars J^^^^f Commfe-

per day for said services while actually and necessarily

so engaged, and ten cents per mile for every mile necessarily

travelled by them as said commissioners: Provided, That

said commifsioners, if members of this general assembly,

shall receive no per diem, as such members, for any day for

which he shall receive a per diem under this act.

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

force.

Katified the 15th day of December, A. D. 1870.

CHAPTER XI.

AN ACT TO KEPEAL AX ACT IN RELATION TO MILEAGE AND PER
DIEM, EATIFED THE 26tII DAY OF NOVEMBER, A. D. 1869.

Section 1. The Gtiieral Assemhly of North Ccrolina do Repeal.
ena/jt, That an act entitled an " act in relation to mileage and
per diem," being chapter one of the public laws of 1869 and
1870, ratified the 26th day of November, A. D. 1869, be and
the same is hereby repealed, and that the mileage and per
diem of the officers and members of this general Assembly
shall be as may hereafter be prescribed by law.

Skc. 2. That this act shall take eft'ect from the beffinninflr When act to he
of the present session of this General Assembly.

Ratified the 16th day of December, A. D. 1870.

50 1870-'71.— CHAFfEK 12—13.

CHAPTER XH.

AN ACT m RELATION TO AN ELECTION TO FILL THE VACANCY '
IN THE 26th SENATORIAL DISTRICT. .

EiKction to be SECTION 1. The Oenevdl Assemhly of North Carolina do I

held Dec. 24, 1870. ♦/ «/ I

enact, That a special election shall be held on the 24th of \

December, 1870, for the purpose of filling the vacancy now I

existing in the 26th senatorial district. !

GoTernor to Issue Seq. 2. The goTcrnor shall issue writs of election to the '

writs. ...

sheriffs of said district, and the said election shall be held at j

the time above designated, and in such manner as may be '

prescribed by law. j

When act to be In Sec. 3. This act shall be in force from and after its ratifi- i
lorce.

cation. I

Ratified the 17th day of December, A. D. 1870. I

CHAPTER XIII.

AN ACT TO RESTORE TO THE WESTERN RAILROAD COMPANY ITS
ORIGINAL CHARTERED PRI^HLEGES, TO REGUL ATE THE APrOINT-
MENT OF STATE DIRECTORS, AND TO DEFINE THE VOTE OF THE
STATE IN THE GENERAL MEETINGS OF THE STOCKHOLDERS OF
SAID COMPANY.

President and SECTION 1. The General Assembly of North Carolina do

tors!^^^ °^ ^"^^'^ <ino,ct, That hereafter there shall be a president and nine

directors of the Western Railroad Company, as provided in

the original charter of said company, ratified 24th day of

Four Directors December, 1852. Four directors shall be appointed by the

appointed by the , ^ . i i i i ,. , i , • n , ! • , i j

State. state, as provided by the fourtli section of an act entitled

" an act to enable the "Western Railroad Company to com-
plete its road from the Coalfields in Chatham county, to
some point on the Korth Carolina Railroad," ratified Dee.

1870-71.— Chapter 13. gi

20th, 18G6, when the State became a stockholder and co-
partner in said company ; and the remaining live directors ^^Yp^>^-^d^V^

and the president shall be elected by the individual stock- elected by stock-

,' , holders,

holders, as provided in said -ith section ot the above recited

act, and in no other manner; and that so much of an act

entitled "an act to amend an act entitled an act to amend

the charter of the Western Railroad Company, ratified 21st

of August, 1868," ratified the 2nd day of February, A.

1). 1869, as changes tlie number and manner of appoint- Repealing clause.

inent ot said president and directors, be and the same is

hereby repealed ; and the provisions of the original charter

of the 24th of December, A. D. 1852, and the amendments

thereof of December 20th, A. D. 1866, in relation to the Acts re-cuaeted.

appointment of president and directors, are hereby re-enacted.

Sec. 2. That in all future meetings of the stockholders of Representative of
the Western Railroad Company, the representative of the only"" one half the
state shall only vote a number of shares equal to one-half uf ^°^^ ^'*^'''
the number of in<lividual shares or votes cast upon any
question where a \-ote is t-alied by stock. The state's repre-
sentative shall not 1)e entitled to vote where the question state not to vote

, , . . J. , . on amnndtueiit to

niriy b(5 u]>oM the acceptant-e or rejection ot any amendment charter.
to the charter of the cum])any.

Sec. 3. That this act shall be submitted to a moeting of This net to be sub-
file stockholders uf said company, to be held in the town of holders.
Fayetteville, within twenty days from its ratification, upon
call of the president, or of a number of stockholders holding
at least two bundled and fifty shares ; and upon its being
accepted by a majority of the stock present other than tlie
state, the term of tlie present president and directors shall
cease, and determine in te" days thereafter.

Sec. 4. Should the meeting of the stockholders, as pro- Governor to be
• 1 1 . ,1 1 • 1. ..I • i i. X ii • notilled of acccp-

VKied in the al)Ove section, accept this act as a part of their ^^^^^^.^. \.y e.totlv-

eharter. tiiey shall immediately luttify the governor of the ''*'^'^'^'■^•

state of their acti(»n, and of the time and place of the next

meeting of stockliohUiv, which said meeting shall be held

U'iihin ten days theieaiter ; at which said meeting of stock- President and Dl

huhlers the president and directors shall be chosen as provi

rceU>rb to be cho-
sen.

52 1870-'71.— Chapter 13—14.

ded in the first section of this act, and shall hold office until
the next regular annual meeting of stockholders.
EepeaUng clause. g^c. 5. All provi&ions of law, inconsistent with this act,
"When act to be in are hereby repealed, and this act shall be in force from and

force. „ . .r. .

alter its ratification. -

Ratified the 19th day ot December, A. D. 1870.

CHAPTER XIY.

AN ACT TO BELIEVE THOMAS F. BAXTER, SHERIFF OF CURRITUCK
FOR FAILURE TO PAY STATE TAXES.

Heiieved from Section 1. The General Assembly of North Carolina do

feUurerfor non- enact. That Thomas F. Baxter, sheriff of Currituck county,
se t ement. -^^ ^^^ ^^ hereby relieved from the payment of all fines, for-

feitures and amercements incurred by him for failing to pay
into the public treasury the taxes due by hiui, as sherift'
aforesaid, for the year 1870, at the time prescribed by law ;
Proviso. Provided^ The said Thomas F. Baxter pay into the pubhc

treasury all taxes due the state by him as sheriff aforesaid,
before the 10th day of December, 1870, and produce, upon
his settlement with the treasurer, a receipt for all coLts in-
curred by reason of his failure to pay. thc: taxes within the
time required by law. .' : m.-,. .

When act to be in Sec. 2. This act shall take effect from its ratification,
^o-^^^- Ratified the 20th day of December, 1870.

1870- 71.— Chaptek 15—16. S3

CHAPTER XY.

AN ACT TO KEPEAL^CHAPTES 52, LAWS OF 1868 AND 1869.

Section 1. The General Assemhly of North Carolina do Kspeai.

enact, That chapter fifty-two, laws of 1868 and 1869, be

and the same is liereby repealed, and that section four of Section 4, chapter

chapter tliirtj-five of the revised code be re-enacted in the re-enacted.

room and stead thereof.

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

force,
cation.

Ratified the 20th day of December, A. D. 1870.

CHAPTER XVI.

AN ACT TO KEPEAL CERTAIN PARTS OF CHAPTER FORTY-ONE (41)
OF AN ORDINANCE RATIFIED M.:VRCH 13tH, 1868.

Section 1. llie General AssemUy of North Carolina do Repeal of right of

•^ '^ ^ Code Commis-

enact, That section eight of chapter forty-one of an ordi- sioners to contract

nance ratified March 13th, 1SG8, and so much of section six

of said cliapter as gives the code commissioner the right to

contract with the printer of the state, for printing, be and

tiie same are liercby repealed.

Sec. 2. This act shall l)e in force from and after its ratifi- When act to he in

force,
cation.

Ratified the 20th day of December, A. D. 1870.

54 1870-'T1.— Chaptee 17—18.

CHAPTEE XVI L

A^ ACT FOR THE BELIEF OF JAMES CASHWELL, TAX COLLECTOE
OF BLADFJT COUNTY.

Allowed until SECTION 1. The General AssernhlAi of North Carolina do

Jan., 15, 1871, to mi t ^ , i, -if t^i -.

collect and settle cuact^ iiiat Jaines Cash well, tax collector oi Jiladen county,
be allowed until the 15tli day of January, 1871, to collect
and settle his state taxes for the year 1870, and that the
sheriff of Bladen be, and he is hereby directed to suspend
further proceedings under the execution now in his hands
for the taxes aforesaid, until the day in January aforesaid ;

ProviBo. Provided^ the said Cashwell shall pay into the treasury

forthwith the taxes already collected.

Relief from pen- Seo. 2. That the said Casliwell be relieved of the penalty
^' already incurred, provided he shall pay into the treasury by

the day in January aforesaid the taxes aforesaid prescribed
by law.

When act to take Sec. 3. This act shall be in force from and after its rati-

eflfect.

tication.

Ratified tlie 20th day of December, A. D. 1870.

CHAPTER XYIIL

AN ACT TO FIX THE FEE DIEM AND MILEAGE OF MEMBERS
AND OFFICERS OF THE GENERAL ASSEMBLY OF 1870-'71.

Per diem of Presi- Sfxthon 1. The General Assemhly of North Carolina do

an pe er. ^^^^^^ That the president of the senate and speaker of the

house of representatives shall receive seven dollars per day

during the session of the general assembly, and twenty cents

Mileage. per mile for every mile traveled to and from their home to

the capitol at Ealeigh.

1 8 70-'71.— Chapter 18—19. i55

Sec. 2. That each and every member of this general Jfi[j;Ji™ormem-
assembly sliall receive during the session of the same, five tiers.
dollars per day and mileage as expressed in the first section
of this act.

Sec. 3. That the principal and assistant clerk shall receive figScierkl ■^^'
gix dollars per day and mileage as expressed in the first
section of this act.

Sec. 4. That the enrolling and engrossing clerks shall ^"oSngSks^"'"
receive five dollars per day and mileage as expressed in the
first section of this act.

Sec. 5. That the doorkeepers and assistant doorkeepers Doorkeepers,
shall receive five dollars per day and mileage as stated in the
first section of this act.

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

m force,
ratification.

Ratified the 21st dav of December, A. D. 1870.

CHAPTER XIX.

AN ACT IN RELATION TO THE SPECIAL TAX MONEY IN THE
TEEA8UKY.

Section 1. The General Assernllii of North Carolina do Treasurer directed

mi 1 r. . 1 1 T J to use ?;200,(X)0,

enact, That the treasurer of state is hereby directed to use special tax money
two hundred thousand dollars of the money now in the expenses of the
treasury, collected under the several acts of 1868-69, provi- govemmen .
ding for the payment of interest on special tax bonds, in
payment of the ordinary expenses of the state government,
the appropriations for the support of the insane asylum, in-
stitution for the deaf, and dumb and the blind, and convicts in
the penitentiary, tor the present fiscal year ; said amount to
be apportioned as follows : Expenses of state government Apportionment,
one hundred and fifty thousand dollars; insane asylum
twenty thousand dollars ; institution for the deaf, and dumb
and the blind fifteen thousand dollars ; penitentiary fifteen
2

56 1870 "71.— Chapter li)— 20.

thousand dollars. And he is hereby directed further to
apportion seventy-five thousand dollars of the money here-
after to be paid into the treasury under the aforementioned
Proviso. g^(.|-g^ J.Q ii^Q Q^[^ institutions according to his discretion ; jPro-

vided, That this act shall not have the effect of increasing
the appropriations made by the general assembly at the
present session, to the insane asylum, institution for the
deaf and dumb and the blind, and penitentiary.

Treasurer directed Sec. 2, That the treasurer of state is hereby authorized

to replace money , t. i i i i i

used under sec. 1 and dn"ected to replace the money used under section

one of this act out of any monies which may be paid into

the treasury on account of di^ndends from corporations, or

any taxes to be levied and collected for general purposes.

Repealing section. Sec. 3, That SO much of sec. 2 ol an act oi the general

assembly of 1869-70, entitled " an act to repeal certain acts

passed at the session of 186S-'69, making appropriations to

railroad companies," ratified March 8th, 1870, as directs

credits of special taxes to be credited to the respective coun-

When act to be in ties is hereby repealed.

Sec. 4. This act shall be in force from and after its ratifi-
cation.

Ratified the 21st dav of December, A. D. 1870.

CHAPTEE XX.

AN ACT TO PKOVIDE FOE THE EEMOVAL OF CERTAIN SUITS, :

ACTIONS AND CAUSES FROiT ONE JUDICIAL DISTRICT TO |

ANOTHER. I

Suit may be re- SECTION 1. The General Asseiiihly of Novtli Carolina do \

moTcd to adjoin- ^nact. That upou the application of any party, plaintiff or ;

mg Judicial Dis- ' ^ ^'^ j r j •> i. ^ \

trictby mutual defendant, it shall be the duty of the I'udges of the superior j

consent of partias. , ' . , , , . "^ . • t • -, i- . .\ ^ '

courts of this state, m their respective judicial distncts, to i

order the transfer and removal of any suit, action or cause

pending in the courts of their said districts, in which such

1870-71.— Chapter 20—21. 67

judge shall have been at any tune interested as party, or

employed or otherwise engaged as counsel, to some county

in an adjoining judicial district, to be agreed upon by the

parties to such suits, action or cause for trial; Provided, Proyiso.

That if the parties cannot agree upon a county to which"

such suit, action or cause may be transferred or removed,

the judge of the court shall order the transfer and removal

of such suit, action or cause, to some county adjoining and

nearest to his judicial district; Provided, further, That if Further proviso.

the judge be interested as a party in any such suit, action or

case, he shall, upon the application of any other party to

the suit, order the transfer and removal of such suit, action

or cause, to some county in an adjoining district, where the

terra of the court will not interfere with the judicial duties

of the judge making such order.

Sec. 2. This act shall be in iorce from and after its rati- wi»^° ^^t to be in

force,
tication.

Eatiiied the 21st day of December, A..D. 1870.

CHAPTEFv XXL

AN ACT TO EXTEND THE TIME FOR COLLECTING AND PAYING
OVER THE TAXES FOR COUNTY PURPOSES FOR THE COUNTY
OF MARTIN.

Section 1. The General Assemhhi of North Carolina do Time ror coiiec-

mi T-. -r> o T 1 .fv> .-.r tioii extended to

enact, Ihat K. 13. Sanlsbury, sherm of Martin county, shall April i, i87i.
have until the first day of April, 1871, to collect the taxes
for county purposes, of the county of Martin, and to settle
with the county commissioners of said county.

Skc. 2. That this act shall be in force from and after its When act to be in
ratification. ^^'■^«-

Ratified the 21st day of December, A. D. 1870.

58 1870-'71.— Chapter 22—23.

CHAPTEK XXII.

1
I

AN ACT FOR THE RELIEF OF JOHN HOKTON, SHERIFF OF WATAUGA j

COUNTY. I

Relief from penal- Section 1. The General Assemlly of North Carolina do •

ties for non-settle- mi t i tt •/»• ^^ "^tt

Hient. enact, That John Horton, sherm of Watauga county, be ;

and he is hereby relieved from all the penalties incurred by 1

his failure to pay over to the state treasurer the tax due by ' :

Provieo. said county as the law directs ; Provided, That on or before \

the first Monday in January, one thousand eight hundred i

and seventy-one, (1871,) he shall pay over to the said treasurer «

the full and entire amount due as taxes from said county,

and the costs of the suit imposing the penalty aforesaid.

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

effect. . I

ncation. \

Katified the 21st day of December, A. D. 1870. ;

C II A P T E K X X 1 1 1 . !

AN ACT DECLARATORY OF THE MEANING OF THE ACT ENTITLED j
"an act TO REPEAL CERTAIN ACTS PASSI-:D AT THE SESSION |
OF 1868 AND 1869, MAKING APPROPRIATIONS TO RAILROAD !
COMPANIES, RATIFIED 8tH OF MARCH, 187^," AND FOR OTHER
PURPOSES.

Preamble. "Whereas, by an act of the general asscmbl}^ entitled "an ;

act to amend the charter of tlie Wilmington, Charlotte and ;
Rutherford Kailroad Company, to provide for the completion i
of said road, and to secure to the state a representation in
said company, ratified the 29th day of January 1869," the
public treasurer of the state is directed to subscribe in be-
half of the state, four millions of dollars to the capital stock
of said road, and provision is made in said act lor the issue

1870-71.— Chaptek 23. 59

of bonds of tlie state for the payment of such subscription on
the part of the state, and it is further provided in said act,
that by virtue of such subscription on the part of the state,
and tlie issue of bonds aforesaid, the governor of the state
is authorized to appoint seven of the directors of said com-
pany ; and whereas, by an act entitled " an fact to repeal
certain acts passed at the session of 1868 and 1869, making
appropriations to railroad companies, ratified the 8th day of
March, 1870," it is declared, " that all acts passed at the
last session of this legislature making appropriations to rail-
road companies, be and the same are hereby repealed, that
all bonds of the state which have been issued under the said
acts now in the hands of any president or other officer of the
corporation, be immediately returned to the treasurer :

Section 1. Now therefore^ the General Assemhly of North Power of Gover-
ri T 7 .Ai-'i 11 11 1 °"^'" to appoint Di-

Uaroiina ao enact, And it is hereby declared to be the rectors declared

proper construction and the true intent and meaning of

the act of the general assembly, ratified the 8th day of

March, 1870, hereinbefore referred to, that all power and

authority vested in the governor, to appoint directors by

virtue of the provisions of the act of the general assembly,

ratified the 29th day of January, 1869, hereinafter referred

to, became void and ceased to exist, immediately upon the

ratification of said act of the 8th day of March, 1870.

Sec. 2. That tlie power of the governor to appoint direc' Appointees of the
tors in said AVilmington, Charlotte and Rutherford Railroad to'transto^prop-^
Company having so ceased as aforesaid, it shall be the duty ^^^^'
of William Sloan, and others claiming to act as directors, by
virtue of such appointment from the governor, and they are
hereby required to account with, and immediately to trans-
fer all books and papers, money, choses in action, and pro-
perty and effects of every description of said company now
in their hands, to the president and directors elected by the
stockholders at their last regular annual meeting, held in the
city of Wihnington on the twentieth (20th) day of October,
1870.

Sec. 3. Be it further enacted, That a refusal or failure to penalty for diso.
account or to transfer the books and property of the com- ^^diencc to this

1870-'71.— Chapter 23—24.

Right or interest
of the State not
aflFected by this
act.

Proviso.

When act to take
effect.

pany as directed by the preceding section, shall be deemed
a misdemeanor, and the offender upon conviction in any
superior court of the state, sliall be fined or imprisoned, or
botli at the discretion of the court.

Sec. 4. That nothing in this act contained shall be con-
straed to affect any other right or interest the state may
have in the said company, or any claim against the same ;
Provided., That this act shall not prevent the general assem-
bly of ITorth Carolina from hereafter providing tor the rep-
resentation ot the interests, whatever they may be, of the
state in this corporation ; and that no sale or other disposi-
tion of her interests shall be valid without the consent of the
general assembly of iN^orth Carolina.

Sec. 5. That this act shall be in force from and after its
ratification.

Eatified the 22nd day of December, A. D. 1870.

CHAPTER XXI Y.

AN ACT IN RELATION TO MUNICIPAL ELECTIONS.

Qualification of

Voters.

Registration to be
made.

Section 1. The General Assembly of North Carolina do
enact as folloios, No person shall be entitled to vote for
mayor, intendant of police, commissioners, aldermen or
other officers of an incorporated city or town, or at any
election held therein for any municipal purpose, unless he
shall be an elector of the state of North Carolina and shall
have resided next preceding the day of election, ninety days
within the corporation and ten days within the ward in
which he claims to be a voter.

Sec. 2. It shall be the duty of the corporate authorities
of every city and town to cause a registration to be made of
all voters qualified as above mentioned, under the rules and
regulations heretofore used.

1870- 71.— CiiAPTEK 24. 61

Sec. 3. x^o person shall he a mayor, commissioner, inten- Quaiiffcation of
dant of police, alderman or other chief corporate officer of
an}' cit}' or town, unless he shall be a qualified voter therein

Sec. -i. It shall be lawful to challenge the right of any Challenging of
person to vote, either on the day of election when he OjBPers
to vote, or on the day of registration when he ofiers to
register, and if it shall appear to the judges of election or a
majorit}- thereof, or to the registering officer that such person
is disqualified, he shall be excluded from registration, or, if Exclusion from

-^ ' . . to 5 ) voting.

he has been registered, from voting.

Sec. 5. Section two of an act ratified December 16th, Repealing clause.

1868, entitled "an act to provide for the holding of municipal

elections in Xorth Carolina," and all other acts and ordinances,

or parts thereof, in conflict with this act, are hereby repealed.

Sec. 6. That the time for the regular election for municipal Time for munici-
rt, . , . . , . ^ 1 .11 j:. 1 • pal elections to be

ofncers m the cities, towns and incorporated villages of this tirst Monday in

state, shall hereafter be the first Monday in May in each ^^'
year ; Provided, That this act shall not apply to the town proviso,
of Washington and Goldsboro' for the year 1871. But
nothing in this act shall apply to the town of Fayetteville or
the city of Wilmington, and all officers who shall be elected
in said towns of Washington and Goldsboro' at the election
in January, 1871, shall continue to hold office until the
regular election in May, 1872 ; Provided, furtlier, That in Further proviso,
all cities and towns not specially excepted in this act all per-
sons now in office by virtue of any election shall continue in
office until the first general election in May, 1871.

Sec. 7. This act shall be in force from its ratification. Whcn>ct to be in
I^catified the 22nd day of December, A. D. 1870. *°''''''

62 1S70-'71.— Chapter 25.

CHAPTEE XXY.

AN ACT m RELATION TO BURNT RECORDS OF CLAY COUNTY.

Preamble. Whereas, On the night of the 20th of May, A. D., one

thousand eight hundred and seventy, tiie jail in the town of
Hayesville, Clay county, was destroyed by fire ; and whereas,
the offices of superior court clerk and of the register of deeds
of said county were kept in said jail, and in consequence of
said burning the records, documents and papers belonging
to said offices were destroyed ; therefore,

Civil suits may be SECTION 1. 2'he General Assemhly of North Carolina do
enact. That all civil suits that were pending in said superior
court at the time of said burning, may be re-instated upon
the dockets by the plaintiff or plaintiffs upon petition sworn
to according to law, and filed before the judge of the superior

court during setting forth in substance the facts of

the case according to the best of said plaintiff or plaintiffs'
information and belief; or if said plaintiff or plaintifi's elect
to do so, a new suit may be instituted, and the costs of suit
already incurred shall be taxed in the costs of said suit ;

Proviso. Provided^ That in either case the defendant or defendants

shall have ten days notice thereof to show cause why said
suit shall not be so reinstated.

New bills may be Sec. 2. In all state cases that were pending in said supe-

sent to grand jury . t • r. i ■^ t -n i

in State cases. rior court the solicitor for the state may send new bills and

have them passed upon by the grand jury, and if a true bill

be found, then the case shall be placed upon the docket and

be proceeded upon regularly, and the costs heretofore

accrued shall be taxed according to law with the costs of said

Proviso. gnit ; Provided^ That if the party against whom the new

bill is found be already arrested, a trial shall be had, unless

the same be continued at the discretion of the judge.

Bills of costs may Sec. 3. All bills of costs may be reinstated upon the

be remstated. ."^ i.in-i

dockets of said court upon motion, made to the judge of said

Proviso. court at a regular term thereof ; Provided^ That the clerk,

or other officer of the court, shall file an affidavit setting

ISTO-'Tl.— Chaptee 25. 63

forth in substance the amount of costs due and to whom ;

And provided further, That the party or parties to be Further proviso.

charged therewith shall have written notice thereof, at least

twenty days before the term at which said motion is made,

commanding bim or them to appear and show cause, if any

they have, why said motion shall not be granted. !

Sec. 4. That any judgment may be reinstated upon the be^rlkistated.^^
judgment docket npon motion of the plaintiff or plaintiffs
at a regular term of said court, npon affidavit setting forth '

in substance the amount of said judgment and costs, and |

the time (as near as may be) at which said judgment was i

docketed ; Provided^ That the plaintiff or plaintiffs, shall Proviso. \

have notified the defendant or defendants, or their represen- j

tatives at least twenty days before said term of the court to ;

appear and show cause why said motion shall not be granted ; \

and the judgment thus restored, shall be a lien on the real
property of said defendant or defendants in Clay county, ;

from the time the plaintiff alleges in his affidavit that said ,

judgment was docketed.

Sec. 5. That all persons who have heretofore filed bonds Adrainistrators j

^ _ _ and guardians to

as administrators or guardians in the late county court or renew their bonds.
the probate court of said county of Clay, shall be forthwith
notified in writing by the judge of probate to appear before

him within twenty days from the service of said notice upon j

them, and renew their said bonds, and to render an account I

or inventory on oath of the amount of property or assets in \

their hands belonging to the estate or wards of which tliey *

may be administrator or guardian, (as the case may be,) and ^

to make return of copies of all reports and accounts hereto- '

fore made by them, as near as possible ; and all persons j

failing to appear and file bonds and accounts as aforesaid, '|
after being so notified, shall be deemed guilty of a contempt
of the process of the superior court, and punished as in other

cases of contempt. i

Sec. 6. That if the said administrator or administrators, Admiuistrators '

guardian or guardians shall not be able to renew their said S'fto^bTrc-" '

bonds as required in the precedino; section, then tlic iudirc "'oved by Judpe ,

^ J ^ ' •' ^ of Probate.

of probate shall remove said administrator or administrators,

1879-'71.— Chapter 25.

New appointee to
collect property.

Penalty for ne-
glect by Judge of
Probate.

Dowers and j'ear's
provisions legal-
ized.

Acts heretofore
done to re-estab-
lish records de-
clared valid.

"When act to be in
force.

guardian or guardians, and appoint some other suitable
person or persons in their steads as provided by law, and
the person or persons so appointed shall proceed at once by
suit or otherwise, to collect the property or amount due
trom his or their predecessor or other persons under the
rules now prescribed by law.

Sec. 7. That if the judge of probate shall tail to perform
an}' of the duties required of him Ijy the two preceding sec-
tions, he shall be deemed guilty ot a misdemeanor, and upon
conviction, shall be punished b) fine or otherwise, in the dis-
cretion of the judge.

Sec. 8. That all dowers and yeai's provision which have
heretofore been set apart and allotted to any widow by order
of the late county court or the court of probate, be, and the
same are in all things legalized and confirmed, and that in
all cases where dower or years allowance has been set apart
and allowed to any widow, and no report made thereof, the
probate judge shall, upon petition of the widow, and upon
notice of twenty days to the heirs or other parties interested,
issue a summons to the parties appointed to allot or set
apart said dower or years allowance, to make a report of the
same, and upon report being made, then all subsequent pro-
ceedings shall be as now.

Sec. 9. That all acts and things heretofore done in reference
to the re-establishing of any record in said court, shall be
deemed valid and binding a=^ to all parties who have had due
notice thereof.

Sec. 10. This act shall be in force from and after its rati-
cation.

Katified the 23rd day of December, A. D. 1870.

1ST0-'71.— Chapter 26. 65

CHAP TEE XX YL

AN ACT TO AUTHORIZE THE COUNTY CO]SrMISSIO]SrERS OF KAN-
DOLinr COUNTY TO APPOINT A TAX COLLECTOK.

Section 1. The General Asseiirihly of North Carolina do Commissioners
m, 1 . • • j» -r» 1 1 1 i. may appoint tax

enact. That the comity commissioners ot Kandolph county collectors.

have full power and authority in their discretion, to appoint

a tax collector for said county.

Sec. 2. That any person appointed tax collector Ly virtue Coiiet-tor to ^ive
of this act shall be required to give bond, with good securities,
for the faithful collecting and paying over of all the public
taxes, both state and county, for the period for which he
shall be so appointed ; the penalty of the said bonds and the
justifying by the securities thereto, to be the same in all
respects as is now required of sheriffs for the faithful col-
lecting and accounting for the taxes by them collected ;
Provided, The said board of county commissioners may
make such appointment and take such bonds as well at any
other of their meetings as at the annual meeting on the first
Monday in September.

Sec. 3. That any person appointed tax collector as afore- Term of appoint-
said upon giving bond as aforesaid, shall be tax collector for '"'^"^•
said county for the period of one year from his appointment.

Sec. 4. That upon the ap])ointment of a tax collector for cicrk of Commis-
said county as aforesaid, it shall be the duty of the clerk of fioncrs to deliver

•^ . t*^-^ books.

the board of comniisgioncrs to deliver to such tax collector
the tax books for the current year of his appointment, and
perform all other duties required by law in relation to the
taxes of said county, as if the tax collector were the sheriff
of the county, under the penalties now prescribed by law for
failure to perform such duties.

Sec. 5. That such tax collector shall receive the same Remuneration,
commissions, perform the same duties, have the f-amei)Owers, J^f ^coHwtcV'"'^''^*
and he and his sureties on his bond be liable to the same
penalties and forfeitures for any and all failures to collect

1870-'71.— Chapter 26—27.

and properly pa}' over and account lor the taxes, both state
and county, as a sheriff is now by law.

ratification.

Ratified the 23rd day of December, A. D. 1870.

CHAPTEE XXA^II.

Pvepeal.

RestrictioiKS on
huiitin!^ in Cvirri-
tuck coubt ■.

Nunrusiiluuts (jf
State not to kill
or take wild fowl
by blinds, etc.

Penalty for viola-
tion of tills act.

Fines to jjo to
school fund of
county.
Proviso.

AN ACT TO REPEAL CHAPTER FORTY-TWO (42) OF THE PUBLIC
LAWS OF 1869-'70, AND FOR OTHER PURPOSES.

Section 1. The General AssemMy of North Carolina do
enact ^ That chapter forty-two, (42) of the laws of 18G9-'70,
being an act for the better protection of the fowling interests
in the waters of Currituck county, be and the same is hereby
repealed.

Sec. 2. It shall not be lawful tor any person to hunt or
shoot W'ild fowl in the county of Currituck on the Sab-
bath day, or hunt or shoot them on any day of the week
after the hour of sunset, and before the hour of daylight m
the morning with gun or fire, or use any gun other than can
be fired from the shoulder.

Sec. 3. It shall not be lawful for any non-resident of this
state to build or use any blinds, boxer, batteries or floats or
use any wood decoys, ducks or geese, or live ducks or geese
for decoys in any of the waters of said county for the pur-
pose of killing or taking wild fowl.

Sec. 4. Any person violating the provisions of the second
and third sections of this act shall be guilty of a misdemeanor,
and upon conviction in the superior court of Currituck
county, shall be fined not less than one hundred dollars, or
imprisoned not less than thirty days, at the discretion of the
court.

Sec. 5. That all fines collected or imposed under the pro-
visions of this act, shall go to the common school fund of
Currituck county ; Provided^ Any person giving informa-

1S70-'71.— CiiAiTER 27—28. 6T

tion of the violation of this act to the proper persons, shall,
upon conviction of the parties, be entitled to receive one
half of said line.

Sec, G. It shall l>e the duty of the iiistices of the peace in Ju'^tuHsui u.e

'' . *' , . , . , , Pfiit-c to issue

sjiid county of Cnrrituck, upon information ot the violation warrants of anci^i

of this act, to issue his warrant tor the arrest of the offender,

and if found guilty h}- him, he shall bind them over in such

sums as he thinks proper ; Pro-oided, That such amount

shall not exceed two hundred and fifty dollars, to the next

term of the superior court for the county of Currituck.

Sec. 7. That all laws and parts of laws coming in conflict Repealing clause.
with this act are hereby repealed in so far as they refer to
-the county of Currituck.

Sec. 8. That this act shall be in force from and after its wiu-u act to he
ratification. ^" ^ '"''-'•

Ratified the 23d day of December, A. D. 1870.

CHAPTER XXVIII.

ARTICLES EXHIBITED BY THE HOUSE OF KEPRESENTATIA^ES OF
THE STATE OF NORTH CAROLINA, IN THE NAME OF THEM-
SELVES AND ALL THE PEOPLE OF THE STATE OF NORTH CAKO-
LIKA, A(;aINST WILLIAM W. HOLDEN, GOVERNOR OF THE
STATE OF NORTH CAROLINA, IN MAINTENANCE AND SUPPORT
OF THEIR IMPEACHMENT AGAINST HIM, FOR HIGH CRIMES
AJfD MISDEMEANORS IN HIS SAID OFFICE.

Article I.

That by tlie constitution of the state of North Carolina, Ar'JiU- '.
the g:)vernor of sai ) state has power to call out the militia
th(!rcof to execute the laws, suppress riots or insurrection,
and repel invasion, whencNcr the execution of the law shall
be resisted, cr there shall exist any not, insurrection or in-
vaijion, hot not otherwise; that William W. Holden, Gov-

€8

1S70-'71.— Chapter 28.

The coiiuty of
Alamance de-
clared in insur-
rection.

Suspension of
civil authority.

Persons impris-
oned.

ernor of said state, unmindful of the high duties of his office
the obh'gation of his solemn oath of office, and the constitu-
tion and laws of said state, and intending to stir up civil
war, and subvert personal and public libert}'', and the consti-
tution and laws of said state, and of the United States, and
contriving and intending to humiliate and degrade tlie said
state and the people thereof, and especially tlie people of the
county of Alamance, and to provoke the people to wrath and
violence, did under color of his said office, on the seventh
day of March, in the year of our Lord one thousand eight
hundred and seventy, in said state, of his own false, corrupt
and wicked mind and purpose, proclaim and declare that
the county of Alamance, in said state, was in insurrec-
tion, and did, after the days and times last aforesaid, send
bodies of armed, desperate and lawless men, organized and
set on foot without authority of law, into said county, and
occupy the same by military force, and suspend civil author-
ity, and the constitution and laws of the state ; and did, after
the days and times last aforesaid, and before the time of im-
peachment in this behalf, through and by means of such
armed, desperate and lawless men, arrest many peaceable
and law-abiding citizens of said county of Alamance, then
and there about their lawful business ; and did detain, liold,
miprison, hang, beat and otherwise maltreat and injure
many of them, to-wit : Lucien II. Murray, George S. Rogers,
William Bingham, Alexander Wilson, Walter Thornton,
William Eedding, Thomas M. Holt, George Andrews, John
Andrews, Frederick Blanchard, Adolphus G. Moore, John
Roberson, James N. Holt, William Tate, Alexander Patton,
Jesse Grant, Lemuel Whitsett, Josiah Thompson, Sidney'
Steel, George Johnson, William Patton, Joseph Wright,
Benjamin McAdams, Puffin Andrews, Thomas Pay, Joseph
Prichard, Loftin Tear, Joseph Thompson, Henry Cooke,
William Andrews, M. IST. Shaw, John Long, James II. An-
derson, Joseph Gibson, Henry Prichard, Joseph Xelson,
James R. Murph}^, Jr., William Kirkpatrick, Thomas Gray,
Jefferson Younger, Frank Mebane, Clement Curtis, John
W. McAdams, William, Moore, William Clendenen, D.

1ST9-T1.— CnAFiEK 28. 69

^Y. Y\^lieeden, Daniel Moses, P. Thompson, David Moore,
Monroe Fowler, Henry, C. Hurdle, William "Whitsett, Al-
bert Murray, J. G. Moore, Joseph Kirkpatrick, "VV. Y.Mont-'
gomery, John Trollinger, Jerry Whitsett, Calvin Gibson,
John G. Albright, Robert Hannah, William Johnson. Hen-
derson Scott, William Stockard, James Dickson, K. A.
Albriglit, Thomas Lutterloh, John Grant, James Foust,
John Curtis, A. Thompson, Robert Stockard, J. A. Moore,
James T. Hunter, James S. Scott, John Smith, George An-
drews, Milton Pickard, Henry Robertson, John R. Stock-
ard, John Cui-tis and Joseph Stockard, when in tact and
truth there was no such or any Insurrection in said county of
Alamance. And he, the said William W. Holden, gover-
nor as aforesaid, well knew that such and said proclamation
was utterly groundless and false, and that there was no in-
surrection in said county, and that all civil authorities, both
state and county, in said county, were peacetully and regu-
larlv in tlic full, free and unrestrained exereise in all respects
of the functions of their otHces, and the courts were all open
and the due administration of the law was unimpeded b}'
any resistance Avhatsoever, whereby the said William W. Hoi- Charge,
den, governor as aforesaid, did then and there, and in the
way and manner, and by the means aforesaid, commit and
was guilty of a high crime in office against the constitution
and laws of said state, and the peace, interests and dignity
thereof.

ARTICLE II.

That \>y the constitution of the state of North Carolina Article lij;
the governor ot said state has power to call out the militia
thereof to execute the law, suppress i-iots or insurrection
whenever the execution of the law shall bo resisted, or there
shall exist any riot, insurrection or invasion, but not other-
wi.^e. That William W. Holden, governor ot said state,
unmindful of the high duties of his office, the obligations of
his S(jlemn oath ot office and the constitution and laws of SpCCUicatioos. '
.said state, and intending to stir up civil war, and ^subvert

1S70-'71.— Chapter 28.

Persous impris-
oned.

Charge.

personal and public liberty, and the Constitution and laws of
said State and of the United States, and contriving and in-
tending to humiliate and degrade the said State and the
people thereof, and especially the people of the County of
Caswell in said State, and to provoke the people to wrath
and violence, did under the color of his said office, on the
eighth day of July, in the year of our Lord one thousand
eight hundred and seventy, in said State, of his own false,
corrupt and wicked mind and purpose, proclaim and declare
the County of Caswell in said State in insurrection, and did
after the days and times last aforesaid, send bodies of armed,
desperate and lawless men, organize and set on foot without
authority of law, into the said Connty and occupy the same
by military force and suspend the civil authority and the
Constitution and laws of the State, and did, after the days
and times last aforesaid, and before the time of impeachment
in this behalf, through and by means of such armed, desper-
ate and lawless men, arrest many peaceable and law-abiding
citizens of said County of Caswell, then and thereabout their
lawful business, and did detain, hold, imprison and otherwise
maltreat and injure many of them, to wit: John Kerr,
Samuel P. Hill, William B. Bowe, Nathaniel M. Roane,
Frank A. Wiley, Jesse C. Griffith, J. T. Mitchell, Thomas
J. Womack, A. G. Young, John M. Kee, A. A. Mitchell,
Yancey Jones, J. M. Keal, Barzillai Graves, Robert Roane,
James P. Fowler, M. Z. Hooper, James C. Williamson and
Peter H. Williamson, when, in fact and truth, there was no
such or any insurrection in said county of Caswell, and he,
the said William W. Holden, governor as aforesaid, well
knew that such and said proclamation was utterly groundless
and false, and that there was no insurrection in said County
of Caswell, and that all the civil authorities, both State and
County in said County, were peacefully and regularly, in the
full, free and unrestrained exercise in all respects of the
functions of their offices, and the courts were all open and
the due administration of the law was unimpeded by any
resistance whatsoever, whereby the said William W. Holden,
governor as aforesaid, did then and there, and in the way

1S70-'71.— CuAPTER 28. 71

and manner, and by the means aforesaid, commit and was
guilty of a high crime in office against the constitution and
laws of said state, and the peace interest and dignity thereof.

Article III.

That the said William W. Holden, governor of the state Article III.
of Xorth Carolina, on the fifth day of August, in the 3'ear of
our Lord one thousand eight hundred and sevent}', in the
county of Orange, in said state, did then and there unlaw- Specification,
fully, and without any lawful warrant and antliority, and in
defiance and subversion of the constitution and laws of said
state, and in violation of his oath of ofiice, and under color
of his said office, incite, procure, order and command one
John Ilunnicutt and other evil disposed persons to assault,
seize, detain and imprison and deprive of his liberty and
privileges as a freeman and citizen of said state, Josiali
Turner, Junior, a citizen and resident of the county ot
Orange in the state aforesaid, and in pursuance of said in-
citement, procurement, order and command the said John
Ilunnicutt and the evil disposed persons aforesaid did assault,
seize, detain, imprison and deprive of his libert}' and privi-
leges as a freeman and citizen of said county and state for a
long time, to-wit : For the time of ten days and more, the
said Josiah Turner, Junior, whereby the said William W. Charge.
Ilolden, governor as aforesaid, did then and there commit a
high misdemeanor in office against the constitution and laws
ot said state, and the peace, interests and dignity thereof.

Article IV.

That the said William W. Ilolden, governor of the state Article IV.
of North Carolina, on the first day of August, in the year of
our Lord one thousand eight hundred and seventy, in the
county of Caswell in said state, did then and there unlaw- Specificatiou.;
fully and without any lawful warrant and authority, and in
defiance and subversion of the constitution and laws of said
state, and in violation of his oath of office, and und^r color of
3

Article IV

Charge.

Article V.

Specifieatioas.

18T0-'71.— Chapter _2S.

liis said office, incite, procure, order and command one
George W. Kirk, and one B. G, Jjurgen and other evil
disposed persons, to assault, seize, detain and imprison and
deprive of their liberty and privileges a.-, freemen and citizens
of said state, John Kerr, Samuel P. Hill, William B. Bowe
and Kathaniel M. Koane, citizens and residents of the county
of Caswell in the state aforesaid ; and in pursuance ol said
incitement, procurement, order and command the said
George W. Kirk and the said B. G. Burgen, and the evil
disposed persons aforesaid, did assault, seize, detain, im-
prison and deprive of their liberty and privileges as freemen
and citizens of said county and state for a long time, to-wit :
For the time of one month and more, the said John Kerr,
Samuel P. Hill, William B. Bowe and Nathaniel M. Roane,
whereby the said William W, Ilolden, governor as afore-
said, did then and there commit and was guilty of a high
misdemeanor in office against tlie constitution and lawb of
said state and the peace, interests and dignity thereof.

Article Y,

That the said WilHam W. Holden, Governor ot the state
of North Carolina, heretofore, to-wit : in the months of June,
July and August in the year of our Lord one thousand eight
hundred and seventy, under color ot his said office, unlaw-
fully recruited, armed and equipped as soldiers, a large num-
ber of men to-wit : five hundred men and more, and organ-
ized them as an army, and appointed officers to command,
and use such armed men as lie, the said William W. Hol-
den, governor, under color of his said office, might from
time to time order and direct ; that during the said months
of June, July and August, he, the said William W. Holden,
governor as aforesaid, under color of his said office, placed
a large number ot said armed men under the immediate
command and control of one George W. Kirk, as colonel,
aided by one B. G. Burgen, as lieutenant colonel, one H. C-
Yates, as major, and sundry other persons as captains and
lieutenants, and sent such last mentioned armed men under

1ST0-' 71.— Chapter 28. 73

the iiuinediate command of George W. Kirk, as colonel, B. Article V.
G. Burgen, as lieutenant colonel, H. C. Yates, as major, and
said sundry other persons as captains and lieutenants, into
tlie county of Alamance, and by the procurement, order and
command of him, the said William W, Ilolden, governor,
as aforesaid, under color of his said office, the said armed
men last aforesaid, seized, held detained, and imprisoned, in
said county of Alamance, one Adolphus G. Moore, a peace-
able and law-abiding citizen of said county, then and there
engaged about his lawful business ; that the said Adolphus
G. Moore, being so seized, held, detained and imprisoned and
deprived of liis liberty, was then and there in the custody of
the said George W. Kirk, acting as colonel, and commanding
the armed body of men, last aforesaid, by the order, command
and procurement of the said "William AV. Ilolden ; that the
said Adolphus G, Moore being so seized, held and imprisoned
and deprived of his liberty, made due application to the
Honorable Ilichmond M. Pearson, chief justice of the
supreme court of said state, as by law he might do, for the
writ oi haJjeas corpus, to the end that he, the said chief jus-
tice, might duly enquire the cause of said seizure, detention
and imprisonment, and deliver him from the same according
to law." That the said chief justice issued the writ oi habeas
corpus at the instance of the said Adolphus G. Moore,
directed to the said George W. Kirk, commanding him
forthwith to produce the body of the said Adolphus G.
Moore, before him, the said chief justice, at the chamber of
the supreme court in the city of Ealeigh, in said state ; that
said George W. Kirk was, on the seventeenth day of
July, in the year of our Lord one thousand eight hundred
and seventy, in the county of Alomance, duly served with
the said writ of Juibeas corpus i that he made no return of
or to the same, as required by law, and refused to produce
the body of the said Adolphus G. Moore, before the said chief
justice according to the exigency of said writ, avowing and
declaring that he had made such seizure and detained and
imprisoned the said Adolphus G. Moore, at the instance of
and by the procurement, command and order of the said

74 1870-'71.— Chapter 28.

Article V. William W. Ilolden, governor as aforesaid, and would nol

produce the body of him, the said Adolplms G. Moore,
before the said chief justice according to the exigency ot said
writ, unless compelled so to do by superior armed f'^rce,
or by the express order and command of the said William
W. Holden, governor as aforesaid ; that such refusal of the
said George W. Kirk to obey the said writ, was made duly
to appear before the said chief justice, whei-enpon the said
chief justice made enquiry of the said William W. Ilolden,
governor as aforesaid, if he had so ordered the said George
W. Kirk to so seize, detain and imprison the said Adol-
phus G. Moore ; that the said William W. Holden, gover-
nor as aforesaid, made answer in substance, and to the effect
to said enquiry of said chief justice, that he had theretofore
ordered and commanded the said George W. Kirk to so seize,
detain and imprison and deprive of his liberty, the said
Adolphus G. Moore, and that such seizure and detention
was made by his order and command, whereupon the said
chief justice, upon due consideration, solemnly adjudged in
substance and effect that according to the constitution and
laws of said state, the privilege of the writ of hnhea.s carj}ns
was not suspended, and that the said George W. Kirk and
the said William W. Holden, governor as aforesaid, were in
duty bound to bring and produce tlie body of the said
Adolphus G. Moore, before him the said chief justice ac-
cording to the exigency of tho said writ ; yet the said Wil-
liam W. Holden, governor as aforesaid, unmindful of hie
most sloemn oath of office, and his high duties as the ckccu-
tive of said state, and contriving, and then and there intend-
ing to deprive the said Adolphus G. Moore of his liberty as
a free citizen of said state, and to defy and subvert tlie con-
stitution and laws of said state, declared that ho li*d m
ordered, and did still so order and command the said Geo.
W. Kirk not to obey the said writ so issued by the said
chief justice, and then and tliero declared to the said chief
justice, that he, the said William W. H(»lden, governor as
aforesaid, would not obey the said writ, or the command of
the said chief justice in that behalf, and that he would sot

ISTO-'Tl.— Chapter 28.

allow the said George W. Kirk to obey the same and pro- Article Y,
diice the body of the said Adolphus G. Moore, before the said
chief justice, according to the exigency of said writ, until
«nch time as in his discretion he might think proper so to
do ; that while the said WilHam W. Holden, Governor as
aforesaid, so seized, held, detained, imprisoned and deprived
of his liberty, said Adolphus G. Moore, and so refused
to obey the said writ, and to command the said George "W.
Kirk so to do, and so restricted the laws and the lawful au-
thority of the said cliief justice, lie was by his own procure-
ment, order and command supported in that behalf by the
means and nse of eaid armed men, so commanded and con-
trolled as aforesaid, and so the said AVilliam W. Holden, gov-
ernor as aforesaid, did in the way and manner, and by the
means aforesaid, procure, order and command tlie said
George W. Kirk, so cliarged by said writ of habeas cor-
p^ts, to refuse to make due return of or to the same, and
produce the body of the said Adolphus G. Moore, before
the said chief justice, according to tlie exigency of the said
writ, and to resist the same and the lawful authority of the
said chief justice, and did himself, then and there, in the
way and manner and by the means aforesaid, resist the due
execution of tlie said writ, and the lawful authority of the
said chief justice, and did then and there, in the way and man-
ner, and b}' the means and armed force aforesaid, suspend
the privilege of the writ of Jialeas corjnis, and did unlaw-
fully and violently seize, detain, hold, imprison and deprive
of his liberty, the said Adolphus G. Moore, and for a long
time, to-wit : for the space of one calendar month, after the
said chief justice had adjudged such detention illegal, did
continue to hold and detain and caused to be held and
detained said Adolphus G. Moore, and did in the way and
manner and by the means aforesaid, make the military
supersede and prevail over the lawful civil power of the
state, all which acts, matters and things, he, the said Wil-
liam W. Holden, governor as aforesaid, did as aforesaid, in
violation of his solemn oath of office, and whereby he the
said William W. Holden, governor as aforesaid, did then Charge.

1870-' 71 .—Chapter 28.

and there commit high crimes and misdemeanors in office,
against the constitution and laws of said state, and the peace,
dignity and interests thereof.

Article VI.

Specification.

That the said William AV. Ilolden, governor of state of
Xorth Carolina, heretofore to-wit : In the months of June,
July and August, in the year of our Lord one thousand
eight hundred and seventy, under color of his said office,
unlawfully recruited, armed and equipped as soldiers a large
number of men, to-wit : Five hundred men and more, and
organized them as an army, and appointed officers to com-
mand and use such armed men as he, the said William W.
Ilolden, governor as aforesaid, under color of his said office,
might from time to time order and direct ; that during the
said months of June, July and Ajigust, he, the said William
W. Ilolden, governor as aforesaid, under color of his said
office, placed a large number of said armed men under the
immediate command and control of one George W. Kirk,
as colonel, aided by one B. G. Burgen, as lieutenant colonel,
one H. C. Yates, as major, and sundry other persons as
captains and lieutenants, and sent such last mentioned armed
men under the immediate command of George AV. Kirk, as
colonel, B. G. Burgen, as lieutenant colonel, II. C. Yates, as
major, and said sundry other persons as captains and lieu-
tenants, in the county of Caswell, and by the procurement,
order and command of him, the said William W. Ilolden,
governor as aforesaid, under color of his said office, the said
armed men last aforesaid seized, held, detained and im-
prisoned in said county of Caswell, John Kerr, Samuel P.
Hill, Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell,
Thomas J, Womack, A. G. Yancey, John McKee, A. A.
Mitchell, Yancey Jones, J. M. Neal, William B. Bowe,
Barzillai Graves, Is^athaniel M. Roane, Bobert Roane, James
R. Fowler, M. Z. Hooper, James C. Williamson and Peter
II. Williamson, peaceable and law-abiding citizens of said
county, then and there engaged about their lawful business ;

1870-71.— CiiAriER 28. 77

that the said John Kerr, Samuel P. Hill, Jesse C. Griffith, Article VL
Frank A. Wiley, J. T. Mitchell, Thomas J. AVomack, A.
G. Yancey, John Mclvee, A. A. Mitchell, Yanee}' Jones, J".
M, Xeal, William B. Bowe, Barzillai Graves, Nathaniel M.
Eoane, Bobert Boane, James B. Fowler, M. Z. Hooper,
James C. Williamsom and Peter II. Williamson, being so
seized, held, detained and imprisoned and deprived of their
libert}', were then and there in the custody ot the said
George W. Kirk, acting as colonel and commanding the
armed body of men last aforesaid, by the order, connnand
and procurement of the said William W. Ilolden, governor
as aforesaid ; that the said John Kerr, Samuel P. Hill, Jesse
C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J,
Womack, A. G. Yancey, John McKee, A. A. Mitchell,
Yancey Jones, J. M. Xeal, AVilliam B. Bowe, Barzillai
Graves, Nathaniel M. Boane, Bobert Boane, James B.
Fowler, M. Z. Hooper, James C. Williamson and Peter H.
Williamson being so seized, held and imprisoned and de-
prived of their liberty, made due application to the Honor-
able Bichmond M. Pearson, chief justice ot the supreme
court of said state, as by law they might do, for the writ of
haheas corpus to the end that he, the said chief justice, might
duly enquire the cause of said seizure, detention and im-
prisonment, and deliver them from the same according to
law ; that the said chief justice issued the writ of habeas
eorjMS at the instance of the said John Kerr, Samuel P. Hill,
Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas
J. Womack, A. G. Yancey, John McKee, A. A. Mitchell,
Yancey Jones, J. M. Neal, William B. Bowe, Barzillai
Graves, Nathaniel M. Boane, Bobert Boane, James B.
Fowler, M. Z. Hooper, James C. Williamson and Peter II.
Williamson, on the twenty-sixth day of July, in the year of
our Lord one thousand eight hundred and seventy, directed
to the said George W. Kirk, commanding him forthwith to
produce the bodies of the said John Kerr, Samuel P. Ilill,
Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas
J. Womack, A. G. Yancey, John McKee, A. A. IMit -liell,
Yancey Jones, J. M. Neal, William B. Bowe, Baizillai

78 1S70-'71.— CuAPTKR 28.

ArticiGVI. Graves, Nathaniel M. Koaiie, Eobert Eoane, James K.

Fowler, M. Z, Hooper, James C. Williamson and Peter H.
Williamson, before him, the said chief justice, at the chamber
of the supreme court in the city of llaleigh, in said state ;
that the said George W. Kirk was, on the first day of
Aiigustjin the year of our Lord one thousand eight hun-
di'ed and seventy, in the county of Caswell, duly served
with the said writ of haleas corpus ', but instead of making
due return to the said writ stated that " I hold the said
prisoners under orders from W. W. Ilolden, governor and
commander-in-chief of militia," and refused to produce the
bodies of the said John Kerr, Samuel P. Hill, Jesse C.
Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J. Wo-
mack, A. G. Yancey, John McKee, A. A. Mitchell, Yancey
Jones, J. M. Neal, William B. Bowe, Barzillai Graves,
Kathaniel M. Eoane, Eobert Eoane, James E. Fowler, M.
Z. Plooper, James C. Williamson and Peter H. Williamson
before the said chief justice, according to the exigencies of
the said writ ; and thereafter the said George W, Kirk con-
tinued to hold and detain and deprive of their liberty, the
said John Kerr, Samuel P. Hill, Jesse. C. Griffith, Frank
A. Wiley, J. T. Mitchell, Thomas J. Womack, A. G.
Yancey, John McKee, A. A. Mitchell, Yancey Jones, J.
M. ISeal, William B. Bowe, Barzillai Graves, Kathaniel M.
Roane, Eobert Eoane, James E. Fowler, M. Z. Hooper,
James C. Williamson and Peter H. Williamson for a long
time, to-wit : For the space of one calendar month, the said
seizure and detention of the said John Kerr, Samuel P.
Hill, Jesse C. Griffith, Frank A. Wiley, J. T. Mitchell,
Thomas J. Womack, A. G. Yancey, John McKee, A. A.
Mitchell, Yancey Jones, J. M. Neal, William B. Bowe,
Barzillai Graves, Nathaniel M. Eoane, Eobert Eoane, James
E. Fowler, M. Z. Hooper, James C. Williamson and Peter
H. Williamson by the said George W. Kirk and the military
force under his command as aforesaid, having been made
and continued as aforesaid by the orders of the said AVilliam
W. Holden, governor of the state aforesaid, he, the said
William W. Holden, governor as aforesaid, well knowing

ISTO-'Tl.— CiiAPTKE 28. 79

that tlie privilege of the writ of haleus corj)us was not sus-
pended, and that the said John Kerr, Samuel P. Ilili, Jesse
C. Griffith, Frank A. Wiley, J. T. Mitchell, Thomas J.
Womack, A. G. Yancey, John McKee, A. A. Mitchell,
Yancey Jone^, J. M. Keal, William B. Bowe, Barzillai
Graves, Xathaniel M. Roane, Robert Roane, James R.
Fowler, M. Z. Hooper, James C. Williamson and Peter H.
Williamson were so detained without authority ot law,
whereby he, the said William W. Holden, governor as afore- ciiari,^e.
said, did then and there commit high crimes and misde-
meanors in office against the constitution and laws of said
state, and peace, dignity and interests thereof.

Article VII.

That the said William AV. Holden, governor of North Ariuie VIL
Carolina, unmindful of his high duty to uphold and protect
the constitution and laws of said state, and the good name,
■dignity and honor of the people thereof, and unmindful of
the obligation of his solemn oath of office, under color ot his
said office, did, in the months of June, July and August, in
tlie year of our Lord one thousand eight hundred and seventy,
in said state, without any authority of law, but in contraven- j

tion and subversion of the constitution and laws of said state SpcciticaUons. I

and the United States, and intending to provoke and stir \

up civil strife and war, recruit and call together from this
6tate and the state of Tennessee a large number of men,
to-wit : Five hundred men and more, many of them of the
most reckless, desperate, ruffianly and lawless characters, and
■did then and there organize, arm and equip them as an army
of soldiers, and place the same under the chief command of a
notorious desperado from the state of Tennessee, by the name
of George W. Kirk, having falsely proclaimed the counties
ol Alamance and Caswell in said state in a state of insurrec-
tion, and did send large numbers of such armed desperate
men into said counties, under the immediate command ot
the said George AV. Kirk and two other desperadoes from
the state of Tennessee, to-wit ; One B. G. Burgen and onu

1870-'Y1.— CiiAPTEE 28.

Charge.

II. C. Yates, and did there and then without any warrant
or authority, seize, hold, imprison and deprive of tlieir
liberty for a long time, to-wit : for the time of twenty days
and more, many of the peaceable and law-abiding citizens of

said counties, to-wit : John Kerr, Samuel P. Hill,

Scott, John R. Ireland and many others, and seize, liold,
imprison and deprive of their liberty, and Jiung by the neck
William Patton, Lucien II. Murray and others, and did
thrust into a loathsome dungeon Josiah Turner, junior, and
F. A. Wiley ; and to maintain, support and aid the lawless
armed men so organized, armed and equipped, did, under
color of his said office from time to time during the said
months of June, July and August, without any lawful au-
thority, make his warrant upon David A. Jenkins, treasurer
of the state, tor large sums of mone_y, to-wit : for the sum of
seventy thousand dollars and more, and cause and procure
the said David A. Jenkins, the treasurer of the state, to
recognize such unlawful warrant, and pay out of the treasury
such said large sums of money to the agent or paymaster of
the said William W. Holden, governor as aforesaid, for the
unlawful uses and purposes aforesaid, whereby the said AVil-
liara W. Ilolden, governor as aforesaid, did then and there
ard by the means and in the manner aforesaid, commit a
high misdemeanor in ofUce, in violation of the constitution
and laws of the state, and of the peace and interests and dig-
nity thereof.

Article VIII.

Specifications.

That the said William W. Ilolden, governor of the said
state, unmindful of the high duties of his said office, and the
obligations of his solemn oath of office, and contriving and
intending, and with a view and for the purpose of support-
ing and maintaining an armed military force in said state,
which he had then and there recruited, organized and
formed for illegal purposes, without the sanction of the con-
stitution and laws of the said state, but in contravention of
the same, did from time to time in the months of June,

1S70-'71.— Chapter 28. . 11

Julv and Angnst, in the year of our Lord one tliousand A^ti^ic vm.
eight hundred and sevent}', under color of his said office, in
said state, without the sanction of the constitution and laws of
said state, and in violation ol the same, make his warrants as
such governor upon the treasurer of the said state, for large
sums of money, to-wit : for the sum of eighty thousand
($80,000) dollars and more, to be used tor the unlawful pur-
poses aforesaid ; that the said William W. Holdeu, governor
as aforesaid, under color of his said office, then and there
persuaded, commanded, incited and procured David A.
Jenkins, treasurer of said state, to recognize such and said
nnlawful warrants on the treasury of said state, and to
deliver such and said sums of money to such agents of the
said "William W. Ilolden, governor as aforesaid, as he,
the said William W. Ilolden, governor as aforesaid,
might from time to time designate and appoint ; that in
pursuance of such warrants and orders of the said "Wil-
liam W. Ilolden, governor as aforesaid, the said David
A. Jenkins, treasurer as aforesaid, delivered to one A. D.
Jenkins, called the paymaster, appointed by the said
William "W. Tlolden, governor as aforesaid, for such purpose,
large sums of money from said treasury, to-wit : the sum of
forty thousand dollars or more ; that thereafter, to-wit : in
the month of August, in the year of our Lord one thousand
eight hundred and seventy, one Richard M. Allison, a citizen
of the county of Trcdell, in said state, brought his suit in the
superior court of the last named count}', in his own behalf,
and in the behalf of all the tax payers of said state, praying
tliat a writ of injunction might then and there be granted,
and issued according to law, restraining the said David A.
Jenkins, treasurer as aforesaid, from delivering any sum or
sums of money to the said William W. Ilolden, governor as
aforesaid, o;* any other persons in obeience to such orders
and for such purposes, and also restraining the said A. D.
Jenkins, as such paymaster, or in any other respect or capacity
from disbursing or disposing of said sum of money so in his
said liands or any part thereof, for the purposes thereof
That the Honorable Anderson Mitchell, judge of said superior

«2 1S70-'71. -CiiAPTEE 28.

Article VHi. coni't, then and there granted tlie writ of injunction so
prayed for, enjoining and forbidding tlie aaid David A.
Jenkins, treasurer as atoresaid, from delivering any money
from said treasury, in obedience to any sucli warrant or
order, so made by the said William W. Holden, governor
as aforesaid, and enjoining and forbidding the said A. D.
Jenkins, as such paymaster or agent, from using or disbursing
the said money or any part ot it, so in liis hands, to or for
the usfe of said armed body of men for any of the purposes
aforesaid; that the said David A. Jenkins, treasurer, and
the said A. D, Jenkins, were each duly served with said
writ ot injunction, but nevertheless, the said William W
Holden, governor as aforesaid, wickedly intending to suspend
and subvert the laws of said state, and to defy and disregard
the lawful authority of said court, did afterwards, to-wit:
after the month last aforesaid, persuade, incite, order, procure
and command the said A, D. Jenkins to defy and disregard
the said writ ot injunction, and to deliver the said money so
in his custody to another agent of the said William W.
Holden, governor as aforesaid, to be used for the unlawlul
purposes aforesaid : that the said A. D. Jenkins, in obedience
to such last mentioned order, command and procurement ot
the said William W. Holden, governor as aforesaid, and in
disregard of such Avrit of injunction and the lawful authority
of said judge, did deliver tiie said money so in his hands to
another agent of the said William W. Holden, governor as
aforesaid, to-wit : To one Itichard T. Berry, to be used for
the unlawful purpose aforesaid, and the said William W.
Holden, governor as aforesaid, did then and there in the
way and manner, and by the means and for the purpose

i. , iiforesaid, procure, order and command the said A. D. Jen-

iins so to disregard and disobey the said writ of injunction
and the lawful authority of said judge, and did then and
there, and in the way and manner and by the means and for
the unlawful purpose aforesaid, defy, disregard, ignore, con-
travene, suspend and defeat the lawful purpose and effect of
the writ of injunction so granted and issued by the said
judge; and thereupon and thereafter the said William W.

1S70- TL— Chaptkr 28—29. 83

llolden, governor as aforesaid, the said sum of public money
thus transferred as aforesaid to the liands ot the said Richard
T- Berry, did order and cause to he paid out and disbursed
by him, the said Richard T. Berry, to, for and about the
illegal purposes aforesaid, to-wit : The payment of the
expenses in keeping on toot, sustaining and maintaining tlie
said illegal military force as aforesaid ; whereby the said
William AV. llolden, governor as aforesaid, was then and Charge.
there guilt j of a high misdemeanor in his said office in viola-
tion of his oath ol office, and in subversion of the laws of said
stiite, and the peace, interests and dignity thereof.

TlioS. J. JARVIS,
Speahei' of the House of Hejrresentatives.
W. W. Gaitiier, Clerk
Passed the 23rd dav of Dufeinber, A. D. 1870.

C II A P T E R XXIX.
AX Acr TO ArrnoRizK the roNn'RUCTiox of a turnpike eoad

FROM MALONE AND ^VIr,^ON's STORE, IN m'dOWELL COUNTY,
TO FLAT CREEK, TN THE COUNTY OF BUNCOMBE.

Section 1. The General A.'<yeiiJjly of Kovth Caroliua do AutlioritytriMntrd

, rpi . r I -T" -o t» 4. *i *. 4r' T> 1 to John E. Palton

enad, 1 hat .John h,. ratton, of the county ot l3uncomi)e, and others.

his associates, successors and assigi):^ be and they are hereby

authorized and empowered to construct a turnpike road to

be known as the SwanuMioa Cray) Turnpike, from Malone Locntienof .load.

and Wilson's store, in Mc-i)o\vy]l county, to Flat Creek in

Buncombe comity, as nearly as may be ex])edient upon the

road now leading from Maiion, in tlie county ot jMcDowcll.

to Asheville in the county «>f Bimcombe.

Sec. 2. That when the .-aid Jolin E. Ratton, or his asso- Hoad to bcrc-

- . • 1 11 1 1 i 1 4i „ . viewed when com-

CTAtes, successors oi" a.^sign.- .-hall Jiave completed tlie con- pictcd.

fitruction of said road, it shall be levieued b}- Fletcher For-
tune, Ehjah Kerle, Silas Doughert}', James Wilson and

«4

18 70-' 71. —Chapter 29.

Rates of toll.

Exemption from
toll.

Powers granted
for throe vears.

Pen;i

When act to le in
force.

Robert Burgin, or a majority of them, and if tliej or a ma-
jority of them shall give to the said John E. Pattou, his
associates, successors or assigns, a certificate under their
hands that said road is well constructed upon a grade to
be determined upon and required by the commissioners
herein appointed or a majority of them, and that it is in as
good condition as it can reasonably be made, he, the said
John E. Patton, his associates, successors or assigns shall
have power to erect a gate on any part of said Swannanoa
Gap Turnpike and to collect such tolls as he may fix for pas-
sage over said road, not to exceed the following sums, to-wit :

For hogs or cattle, each 02 cents.

Loose Horses, '• 03 cents.

Single horseman, 10 cents.

One horse wagon, 25 cents.

Two horse wagon, 50 cents.

Three horse wagon, 75 cents.

Four, five or six horse wagon, $1.00

One horse buggy 50 cents.

Two horse buggy or carriage, 75 cents.

Provided., That the said John E. Patton, his associates,
successors or assigns shall at all times keep said road in good
condition; And ])rovided further., That no tolls shall be
collected on said road from any person passing over said
road to any church or public mill within three miles of the
same, nor shall any person residing within two miles of said
road be charged exceeding one-half of the tolls fixed upon.

Sec. 3. That said John E. Patton, his associates, suc-
cessors or assigns shall have the powers and authority hei'ein
granted for the term of three years, and shall be subject to
indictment and liable to all the pains and penalties for fail-
in f or neglecting to keep said road in proper repair and con-
dition, as is affixed by law to such failure or neglect on the
part of the " Buncombe Turnpike Company," in relation to
their said road.

Sec. 4. That this act shall be in force from and after its
ratification.

Ratified the 21:th day of December, A. D. 1870.

1ST0-'71. -CiiArTER 30—31. 86

CHAPTER XXX.

AX ACT FOR THE liELIEF OF THE SHERIFF OF CHATHAM
COUNTY.

Section 1. The General Assemhly of North Carolina do Relieved from
^nact, That G. J. Williams, sheriff of Chatliam county, be P^"^"^<^^-
and is hereby relieved from any and all the penalties whicli
he may have incurred by failing to settle with the state
treasurer as the lawi directs, except the costs incurred; Pro- Proviso.
r/ided^ He makes said settlement with the treasurer by the
first day of Jannaiy, one thousand eight hundred and seven-
ty-one.

S]:(\ 2. That this act sliall be in force from and after its When act to be in
ratification.

Ratified the 2.1-th day of Decemljer, A. D. 1870.

CHAPTER XXXI.

AN ACT FOR THE RELIEF OF JOHN S. JOHNSTON, SHERIFF OF
ROCKINGHAM COUNTY.
\

Spxtion 1, TJie General Assemlly of North Carolina do Relief from pcn-
ena':t, That John S. Johnston, sheriff of Rockingliam county, ^^^^^^'
l)e and he is hereby relieved lrt)m the payment of all penal-
ties, except costs incui-j-ed, by reason of his fiiilure to settle
with the treasurer of the state as required by law ; Provided Proviso.
neveiiJidess, That said John S. Johnston do make a settle-
ment of his taxes according to law witli the treasurer by the
first day cf Felruary, one thousand eight hundred and
seventy-one.

Sec. 2. That this act shall be in force from and after its Wheu act to be in
ratification. ^°''^®'

Ratified the 18th day of January, A. D. 1871.

86 18T0-'71.— CirAPTER 32—33.

CIIAPTEE XXXII.

AN ACT FOK THE RELIEF OP F. W. BELL, SHERIFF OF BERTIE

COUNTY.

Kciieved from SECTION 1. The General AssemUy of North Carolina do

Jiiic and penaltie?. i

enact, That F. "W". Bell, sheriff of Bertie county, be, and

he is hereby released from all fines and penalties incurred

by reason of failure to settle with the state and county

treasurer within the time prescribed by law.

Treasurer autiior- ^Ec. 2. That the treasurer of the State, and of Bertie

ked to settle. county are hereby authorized to settle with F. W. Bell,

sheriff aforesaid, in the same manner as if he had offered to

Piovjso. settle within the time prescribed by law : Provided, The

said sheriff shall pay all costs heretofore incurred, and make

his settlement within five days after the ratification of this act.

Eatified the 19th day of January, A. D. 1871.

lie Treasurer.

CHAPTEE XXXIIL

AN ACT FOR THE RELIEF OF RODERIC m'mILLAN, SHERIFF OF
ROBESON COUNTY.

Relieved from SECTION 1. The General Assewthly Qtf North Carolina do

tainsiim to p\ii> cncict, That Eoderic McMillan, the present sheriff of Eobesoii
eountj^, be relieved from the payment to the public treasurer
of Xorth Carolina the sum of one thousand five hundred and
fifty-two dollars and thirty-five cents, charged against him ior
public taxes due the state of North Carolina; that amount
of the public taxes having been collected by his predecessor
in office, and never turned over to the said Eoderic McMillan,
as the successor to the former sheriff, and that the public
treasurer of North Carolina allow the said Eoderic McMillan,
sheriff' of Eobeson county, the said sum of one thousand five

1870-'71.— Chapter 3^5—34. 87

hundred and fifty-two dollars acd thirty-five cents, credited

on the amount of public taxes charged against said Roderic

McMillan as said sheriff.

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

ratification.

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

CHAPTER XXXIV.

AN ACT TO ALLOW THE LEGAL REPEESENTATIVES OF JOHN
TUKNER, LATE SHERH^F OF ORANGE COUNTY, AND OF LOGAN
H. LORANS, LATE SHERIFF OF LINCOLN COUNTY, TO COLLECT
ARREARS OF TAXES IN ONE THOUSAND EIGHT HUNDRED AND
SIXTY-EIGHT, ONE THOUSAND EIGHT HUNDRED AND SIXTY-
NINE AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY.

Section 1. The General Assemlly of North Carolina do Authoiity to coi-
enact, That the legal representatives of John Turner, tSes^^^^*'
deceased, late sheriff of Orange county, and of Logan II.
Lorans, late sheriff of Lincoln county, be and are hereby
authorized and empowered to collect all arrears of taxes due
for the years one thousand eight hundred and sixty-eight,
one thousand eight hundred and sixty-nine and one thousand
eight hundred and seventy, which collection shall be made
under the same rules, regulations and restrictions as other
collections of taxes under the laws of the state.

Sec. 2. That the power and authority hereby granted Authority to cease
shall cease and determine with the year one thousand eight ^^^^^^^y^""!^^!-
hundred and seventy one ; Prc/cided, That no person shall Proviso,
be compelled to pay such taxes, m-Iio will make oath that he
believes such taxes to have been paid ; Provided furtJier, Further Proviso.
That the representatives of the estates of decedent jwrsons
shall not be compelled to pay such arrears of taxes.

Sec. 3. Tin's act shall be in force from and after its ratifi- AVhcn act to be in
cation. force.

Ratified the 2l6t day of Januaiy, 1871.
4

1ST0-'71.— Chapter 35.

CHAPTER XXXV.

AN ACT TO ALTEK CHAPTER SIX OF THE REVISED CODE, CON-
CERNING THE NORTH CAROLINA INSTITUTION FOR THE DEAF
AND DUMB AND THE BLIND.

Board oiDi- SECTION 1. The General AssemUv of North CoToUna do

rectors abolished. • ^ , . i i • i i i t

enact, That chapter six of the revised code is hereby so altered

and amended as to abohsh the board of directors of said in-
stitution, and the powers, rights and duties heretofore pre-
scribed by law to said board shall hereafter be granted to
Board^f trustees and imposed upon a board of trustees consisting of seven
persons, who shall have the management and control of said
institution as fully as has been heretofore given by law to
thiO board of directors.

Sec. 2. That W. H. McKee, J. R. Williams, W. W. Vass,
John C. Palmer, E. S. Tucker, L. E. Ileartt, and Chas. M.
Busbee, are hereby constituted and appointed said board of
trustees. They shall organize by choosing one of their num-
ber as president of the board. The principal of the institu-
tion shall be ex officio secretary of tlie board, with the same
duties heretofore pertaining to him as secretary ol the board
of directors. Vacancies in the board may be filled by ap-
pointment of the governor, £:ubject to the approval of the
general assembly who shall themselves fill the vacancy if
they disapprove the appointment made by the governor ;
Provided^ That said board of trustees shall hold their
appointments nntil the first day of January, one thousand
eight hundred and seventy-three, and until their successors
are chosen.

Sec 3. That all laws and parts of laws coming in conflict
with this act, be and are hereby repealed.

Sec. 4. That this act shall take effect from and after the
date of its ratification.

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

Trustees.

President.
Secretary.

Vacancies.

Proviso.

Kepeals.

When act to take
effect.

1870-'71.— Chapter 36—37. ,89

CHAPTER XXXYI.

A2^ ACT TO ALLOW ENTERERS OF VACANT LAND FURTHER
TIME TO OBTAIN GRANTS FROM THE STATE.

Section 1. The General Assemhlv of North Carolina do Kntcrers of land

, , . granted one year

enact^ That all enterers of vacant lands in the several counties from 1st day Dc-

of this state who have not obtained grants from the state '

shall have the further period of one year from the first of

December, one thousand eight hundred and seventy, in

which to have surveys made and to obtain grants from the

state thereon.

Sec. 2. This act shall be in force from and after its rati- When act to b«
,. . infoice.

ncation.

Ratified the 21st day of January, A. D. 1S71.

Board of Commis-

CHAPTER XXX YII.

AN ACT TO EMPOWER THE COUNTY COMMISSIONERS OF DAVIDSON
COUNTY TO APPOINT A TAX COLLECTOR.

Section 1. The General Assenibhj of North Carolina do

enact. That the board of commissioners of Davidson county sioncrs to appoint

1 . 1 , 1 . n tax collector,

are autliorized and empowered to appoint a tax collector tor

said county for tlie 3'ear 1871.

Sec. 2. That such tax collector shall give bonds a-s now collector to nve
required of officers collecting taxes, conditioned faithfully to ^°°^^*
collect and account for the state and county taxes of said
county for the year one thousand eight hundred and seventy-
one, according to law ; and shall have all the powers, per- powers and du-
form all the duties, be subjected to all the ])enalties and re- *'*°^*
ceive all the em.oluments of oflicers collecting taxes ; and the
tax lists of said county when made out shall be turned over
to said tax collector.

90 1870-'71.— Chapter 37—38—39.

When act to be in g^^c. 3. That this act shall be in force from and after its
ratification.

Eatified the 21st day of Jannary^ A. D. 1871.

CHAPTER XXXYIII.

AN ACT TO ALLOW THE COMMISSIONERS OR OTHER MUNICIPAL
AUTHORITY OF ANY CITY OR TOWN, OR INCORPORATED VIL-
LAGE, TO BUY AND HOLD REAL ESTATE FOR THE PURPOSE
OF A CEMETERY.

Municipal author- SECTION 1. TTie GeiuvoZ Assemhly of North Carolina do
chase^ancffor enact, That it shall be lawful for the commissioners or other
cemeteries. municipal authority of any city, town or incorporated village

in the state of North Carolina, to buy and hold either within
or without such corporation, as much land as in the opinion
of such commissioners or other municipal authority, may be
sufficient for the purpose of a cemetery, not exceeding twenty-
five acres.
Repeals. Sec, 2. All laws and clauses of laws inconsistent with this

act are hereby repealed.

When act to be in Sec. 3. This act shall be in force from and after its ratifi-
force.

cation.

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

CHAPTER XXXIX.

AN ACT TO SUPPLY A TEMPORARY DEFICIENCY IN THE TREASURY.

Jtmlld to°bor- Section 1. The Gmeral Assemhly of North Carolina do
x?^/^^^^'??^^'"°™ enact. That the treasurer of the state, be and he is hereby

N. C. R. R. Co. . ' "^

instructed to borrow from the Xorth Carolina railroad com-

1870-'71.— Chaftee 39—40—11. 91

pany, if practicable, the sum of one liundred and eighty
thousand dollars, to meet the present wants of the government.

Sec. 2. That it shall be lawful, and it is hereby enacted, ^Sd from dfvl-
that this amount be deducted from the first dividend de- ^^^^
clared in favor of the state upon its interest in said company.

Eatified the 21st day of January, A. D. 1871.

CHAPTER XL.

AN ACT FOE THE BELIEF OF THE SHEEIFF OF ALEXANDEE

COUNTY.

Section 1. The General Assembly of North Carolina do Time extended.

enact, That Hiram W. Mayse, sheriff of Alexander county,

be allowed until the first day of May, anno domini one

tliousand eight hundred and seventy-one to settle with the

count}' treasurer for the county taxes for the year one thousand

eight hundred and seventy, and that he be and is hereby

relieved from all the penalties incurred by reason of his Relief from pen-

. . allies

failure to settle with the county treasurer according to law :

Provided, That he shall at no time retain in his hands

more than three hundred dollars for a longer time than ten

days under the penalties prescribed by law.

Sec. 2. This act is to take effect from its ratification. When act to take

effect.
Hatified the 21st day of Januaiy, A. D. 1871.

CHAPTER XLI.

AN ACT FOK THE BELIEF OF THE PENITENTIAEY.

Whereas, It is indispensible that a payment of fifteen Preamble,
thousand dollars should be immediately made to the com-

92 1870-'71.— Chapter 41—42.

missioners of the penitentiary, to secure the further services
of an adequate guard for that institution ; and whereas, it
has heretofore been the practice of the executive department
to require only the personal obligation of said commissioners
as security for the faithful application of moneys drawn from
the public treasury on account of the appropriation to said
penitentiary ; therefore :
^ojemor^to^ssue SECTION 1. The General AssemUy of North Carolina do
Treasurer. enact, That the governor be requested, and is hereby au-

thorized to issue his warrant upon the treasurer for fiftefen
thousand dollars of an appropriation heretofore made for the
use of the penitentiary, to be paid to the commissioners
thereof, requiring as heretofore, their personal obligation for
the faithful application of the same as hereinafter provided.
Amounts drawn Sec. 2. That the amounts so drawn by said commissioners
ers— h^w'appUed. ^^ ^^^ penitentiary shall be applied to the payment of guard
and officers of the penitentiary, sustenance of guard and con-
victs, and any outstanding claims for provisions or clothing
furnished convicts.
Repealing clause. Sec. 3. That all laws and clauses of laws in conflict with
this act, be and the same are hereby repealed.

When act to be in Sec. 4. That this act shall be in force from and after its
force. ,.n .-

ratmcation.

Ratified the 23d day of January, A. D. 1871.

CHAPTER XLII.

AN ACT TO SUSPEND THE CODE OF CIVIL PKOCEDUKE IN CERTAIN

CASES.

How civil actions SECTION 1. The General Assembly of North Carolina do
commenced. enact^ That all civil actions shall be commenced by the issuing

a summons.
Form of summons Sec. 2. The summons shall run in the name of the state,

be signed by the clerk of the superior court having jurisdiction

18T9-'71.— Chapter 42. 93' \

to try the action, and under the seal of the court, and shall
be directed to the sheriff ot the county in which the defen-
dant resides or may be found. It shall be returnable to the j
regular tei-m of the superior court of the county where \
the plaintiff, or one or more of them, or the defendants |
reside ; and shall command the slieriff or other proper i
officer, to summon the defendant to appear at the next ensu- I
ing term of the superior court, and answer the complaint of j
the plaintiff, and shall be dated on the day of its issue. The j
officer to whom the summons is addressed shall note on it '
the day of its delivery to him, and shall execute it at least ;
ten days before the beginnmg of the term to which it shall
be returnable, and shall return it on the first day of the term.

Sec. 3. The plaintiii shall file his complaint in the clerk's Filing of com- i

office on or before the third day of the term to which the j

action is brought, otherwise the suit shall, on motion, be j

dismissed by the court at the cost of the plaintiff'. ;

Sec. 4. The defendant shall appear and demur, plead or Answer of De- |

answer at the same term to which the summons shall be '^^ * j

returnable, otherwise the plaintiff may have judgment by I

default, as is now allowed by law. I

Sec. 5. The plaintiff shall join in the demurrer or reply Reply to answer. i

to the answer at the same term to which sucli demurrer or !

answer may be filed ; and that the issues, whether of law or 1

fact, shall stand for trial at tlie next term succeeding the TriaL |

term at which the pleadings are completed. ;

Sec. 6. That all writs of summons in civil actions now in Writs now in
the hands of the sheriff or clerk, shall be returned by said or de^rk. ^ *^"

officers to the next term of the superior court, and such writs, i

together with all writs of summons in civil actions hereto- ]
tore returned, in which no final judgment has been rendered,

shall be placed by the clerk on the docket of the superior •
court at the next ensuing terra, and the pleadings in such

actions shall be conducted according to the rules prescribed i

in this act : Provided^ That all such civil actions in which Proviso. ,,
issues have been joined, shall stand for trial at spring term,

eighteen hundred and seventy-one. j

1870-'71.— CiiAPTEE 42—43.

Fxecutions is-
sued, how tested
and returned.

Proceedings by
attacbiaent.

Exemptions from
repeal.

Suspension of
laws.

How long act to
remain in force.

Sec. 7. All executions issued or judgments in civil actions
shall be tested as of the term next befoi e the day on which
they issued, and shall be returnable to the term of the court
next after that from which they bear test; and all executions
now in the hands of any sheriff, issued from any superior
court, shall be returned to the next term of said court.

Sec. 8. The provisions of this act shall not apply to pro-
ceedings by attachment.

Sec. 9. ISTothing in this act shall operate to repeal the
provisions of the code of civil procedure, which allow
defendants to be arrested and held to bail in certain cases.

Sec. 10. All laws and clauses of laws inconsistent with
the provisions of this act are suspended until the first day of
January, anno domini eighteen hundred and seventy-three,
and this act shall be in force from and after its ratification,
and shall continue in force until the first day of January,
eighteen hundred and seventy-three.

Katified the 25th day of January, A. D. 1871.

CHAPTER XL I II.

AN ACT TO REPEAL SECTIONS SEVEN AND EIGHT OF AN ACT
IN RELATION TO PUNISHMENT, CIIAPTEE ONE HUNDEED AND
SIXTY-SEVEN, PUBLIC LAWS OF NOETII CAEOLESTA, ONE THOU-
SAND EIGHT HUNDEED AND SIXTY-EIGHT, AND ONE THOUSAND
EIGHT HUNDEED AND SIXTY-NINE.

Repeal.

Pdnishment for
assault.

Section 1. The General Assembly of North Carolina do
enact, That sections seventh and eighth of chapter one hun-
dred and sixty-seven, of laws of one thousand eight hundred
and sixtj'-eight and one thousand eight hundred and sixty-
nine, be and the same are hereby repealed.

Sec. 2. That in all cases of an assault with or without
intent to kill or injure, the person convicted shall be pun-
ished by fine or imprisonment, or both at the discretion of
the court.

1879-71.— Chapter 43—44. 95

Sec. 3. That tliis act shall be in force from and after its J^for^e''* ^° ^^
ratification.

Eatified the 25th day of January, A. D. 1871.

CHAPTEE XLIY. ,

AN AOr TO AUTirOKIZE AND EMPOWEIi THE GOVERNMENT OF |

THE UNITED STATES TO PURCHASE AND HOLD LANDS IN ]

NORTH CAROLINA FOR THE PURPOSE OF ERECTING LIGHT- \
HOUSES THEREON.

Seciton 1. The Ge7ie?'aZ AssenibVu of North Carolina do u. s. may pur- i

cliflSG I&nclff to

eiiact^ That it shall be lawful for the government of the erect light house. ;

United States or any person under authority of the same to '
purchase any tract, piece or parcel of land from any indi-
vidual or individuals, bodies politic or corporate within the
boundaries or limits of this state, and hold the same for the

pui-pose of erecting thereon light-houses ; Provided., That Proviso. j

no one tract, piece or parcel shall contain more than twenty I

acres. 1

Sec. 2. That all deeds, conveyances or other title papers Deeds to be re-

for the same shall be recorded, as in other cases, in the office ' ,

of the register of deeds in which the lands so conveyed j

may lie, in the same manner and under the same regulations i
as other deeds and conveyances are now recorded, and in
like manner may be recorded a sufficient description by
metes and bounds, courses and distances, 6f any tract or

tracts, or legal division of an}' public land belonging to the j

United States, which may be set apart b}' the general gov- i

ernment for the purpose before mentioned, by an order j

patent or other official document or papers so describing i

such land. I

Sec. 3. That the lots, parcels or tracts of Imd so selected. Exemption "from \

together with the tenements and appurtenances for the pur- "■ ' • I
pose before mentioned, shall be exempt fnjm taxation 1)y the

state of Xorth Carolina. I

96 1870-'71.— Chapter 44—45.

Stetemay^x^cute ^^'^' ^' ^^^* nothing herein contained shall be so con-
process on such strued as to debar or hinder any of the officers of this state
land, . /

from executing any process, or levying any execution 'within

the limits of any tract or parcel of land so held and pur-
chased by the government of the United States in tlie sam»
manner as if this act had never been passed.

Conditions of Sec. 5. That the consent herein and hereby given is in

accordance with the seventeenth clause of tlie eighth section
of the first article of the constitution of the United States,
and with the acts of congress in such cases made and pro-
vided, and in consideration of the United States building
light-houses on tlie tracts or parcels of land so purchased, or

Proviso. th^t may be purchased ; A7id j^rovided also, That the title

to said land so conveyed to the United States shall escheat
to the state unless the construction of a light-house be com-
pleted thereon w^ithin ten years from the date of the convey-
ance from said grantor.

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

ratification.

Eatified the 25th day of January, A. D. 1S71.

CHAPTER XLV.

AN ACT TO AUTHORIZE J. C. GRIFFITH, SHERIFF OF CASWELL
COUNTY, TO COLLECT ARREARS OF TAXES.

May collect ar- SECTION 1. The General Assevihly of North Carolina do

enact, That Jesse C. Griffith, sherifl" of Caswell county, is
empowered to collect all arrears of taxes due him upon the
assessment for the years eighteen hundred and sixty-seven,
eight and nine (186T-'S-'9) under the same restrictions and
with the same rights and remedies as are provided by law
for the collection of other taxes.

Sec. 2. That the power hereby granted shall cease Janu
ary first, eighteen Jiundred and seventy-two; Provided^

1870- 71.— Chapter 45—46. 9T

Tliat no person shall hereby be made liable for such taxes
who shall make affidavit before a justice of the peace of said
county that he has paid said taxes and lost the receipt for
the same.

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

Eatified the 25th day of January, A. D. 1871.

CHAPTER XLY I.

AN ACT FOR THE CxENARAL RELIEF OF SHERIFFS AND TAX
COLLECTORS.

Whereas, numerous applications have been made to this Preamble,
body by sheriffs and tax collectors for them to collect arrears
of taxes due them in their respective counties ; and whereas,
their applications may be provided tor and comprised within
the scope of general law, thereby economising time and
money ; now, therefore,

Section 1. The General Assemhly of North Carolina do certain sheriffs
enact. That all persons who are, or have been, sherifis au?h?r!zedto*'coU
and tax collectors, or their legal representatives, of the let arrears.
several counties for the years one thousand eight hundred
and sixty-eight, one thousand eight hundred and sixty-
nine and one thousand eight hundred and seventy, and
who have settled and accounted with the public treasurer
of the state, and with the county treasurer of their respec-
tive counties according to law, be and the same are hereby
authorized and empowered to collect arrears of taxes
due them in their respective counties for the years one
thousand eight hundred and sixty-eight, one thousand
eight hundred and sixty-nine and one thousand eight hun-
dred and seventy, under such rules and regulations as are
now prescribed by law for the regular collection of taxes ;
and the power and authoritv herebv fj:ranto<:l shall cease on Powers to cease

' • ■ 1 1-1 January 1, 1H72.

the first day of Januar}-, anno dommi, one thousand eight

1870-'Y1.— Chapter 46—47,

Proviso.

Further proviso.

When act to be in
force.

hundred and seveutj-two ; Provided^ That no person in
any county shall be compelled to pay tax under the provis-
ions of this act, who will make oath according to law that

according to

he has paid the same, or believes the same to have been
paid ; And jprovided ftirther, That no executor or adminis-
trator shall be compelled to pay such arrears of taxes.

Sec. 2. This act shall be in torce from and alter its rati-
fication.

Ratified the 10th day of February, A. D. 18T1.

CHAPTER XLVII.

Ouage of Koacl.

Location.

Corporators.

Rij^hts
•ers.

and pow-

AN ACT TO INC0RP.,KATE THE WILMINGTON AND ONSLOW KAIL-
KO^iD COMPANY.

Section 1. The Genercd Assembly of Worth Carolina do
enact, That for the purpose of constructing a railroad, to be
used and operated by steam, horse or any other motive
power, and of any guage whatever, not to exceed four feet
eight and one-half inches, extending from the city of Wil-
mington, in the coulity of New Hanover, to Jacksonville, or
such point or points on New river in the county of Onslow,
and to such other places in said county as the corporation by
this act may determine.

Sec. 2. That 0. G. Parsley, Jr., Roger Moore, F. W.
Kerchner, R. H. Cowan, S. L. Fremont, Jas. B. Huggins,
W. L. DeRossett, M. Cronly, J. A. Englehard, S. N. Martin,
R. K. Bryan, C. W. McClammey, R. J. Nixon, G. N.
Emutt, Dr. E. W. Ward, C. Stephens, R. F. Pelltier, J.
W. Spicer, Wm. McRae, Sol Haas and S. A. Ashe, and
such persons or corporations as may be associated with them
as is hereinafter provided, are hereby constituted and de-
clared to be a body politic and corporate, by the name of
the Wilmington and Onslow railroad company, with all the
rights, powers, privileges and franchises incident or belong-
ing to coi-porations as set forth in the first, second, third and

1870-71.— CiiArTER 47. 99

fourth sections of the 2r)th cliapter of the revised code of
North Carolina, entitled " corporations ;" and for the pur-
pose ol locating and constructing the contemplated railroad,
shall have, enjoy and exercise all the rights, powers and
franchises, and be subject to the limitations and restrictions
set forth in the sections trom nine to thirty-three, both in-
clusive, of the sixty-first chapter ol said revised code, entitled
" internal improvements."

Sec. 3. That the capital stock of said corporation shall be Capital stock.
three hundred thousand dollars, which may be increased to
any sum not exceeding one million of dollars, as said cor-
poration may from time to time determine, and the same
shall be divided into shares of fifty dollars each. Shares.

Sec. 4. For the purpose of creating capital of said coin-
pany, a maiority of the corporators named in the second sec-
tion of this act, may appoint commissioners at such places as
they may from time to time determine, to open books of ^9^^^^^^^ ^"''"
subscription to such capital stock, and keep the same open
for such time or times as they may deem expedient, under
such rules and regulations as they may prescribe.

Sec. 5. Subscriptions to the capital stock of said company
shall only be payable, so far as individual subscribers are
concerned, in the currency of the United States ; and five
per cent, of the amount of each subscription to such capital S|^''^^^[^l'^'""' ^'"''^
stock shall be paid by the subscriber at the time of making
such subscription.

Sec. 6. The county of New Hanover, the county of Counties of New

„ • . , , T . , . Hanover and 0ns-

Onslow, the city of Wilmmgton and the several townships low, city of wii-

.1 11 n J uiin-iton and

m said counties respectively are hereby severally and respec- Townsiiips au-
tively allowed and authoriz(;d to subscribe to the capital gS^fm^^'st'o^ck.
stock of said company ; JWovided however, That neither of Proviso,
said counties or said city of AVilmingtou, shall severally sub-
scribe for more than two thousand shares of said capital
stock, nor shall any one to vnship, in either of said counties,
subscribe for more than four liundred of such shares; And Further proviso.
2rrovlded further ^ That the powers and authority hereinbe-
fore or hereinafter by this section granted, shall be exercised
and aeted on in accordance with and sul)ject to the provis-

100

18T0-'71.— Chapter 47.

Elections ?nthor-
ized to carry sub-
scription into ef-
fect.

Boards may col-
lect taxes, issue
bonds, etc.

May sell «r dis-
pose of bonds.

ions of section seven of article seven of the constitution of
this state. The board of commissioners of said counties
respectively, the board of aldermen of said citj of Wilming-
ton, and the several boards ol trustees of the different town-
ships in said counties respectively, each within and for the
county, city or township in which its jurisdiction and corpo-
rate powers may severally and respectively be lawfully exer-
cised, are hereby authorized to cause to be held the neces-
sary election or elections required to carry into effect or com-
ply with the concluding provision of said section of said
article of the constitution, in relation to any such subscrip-
tion, and in relation to the levy and collection of the amount
of taxes necessary for the payment of any such subscription,
or in relation to the issuing of bonds or other evidences of
indebtedness to secure the payment of such subscription.
For the payment of any such subsc-ription to the capital
stock of this company or to provide for the payment of the
bonds or other evidences of indebtedness, (and the interests
which may accrue thereon) which may be issued as herein-
after provided, said boards are hereby severally and respect-
ively authorized and empowered to levy and collect within
their several and respective jurisdictions, the necessary
amount of taxes, and to issue bonds or other evidences of
indebtedness in such sums, payable at such time or times,
and at such rate of interest not exc>eeding ten per cent per
annum, payable annually or semi-annually, as they may
severally and respectively deem best, for an amount in the
aggregate not exceeding the amount authorized to be sub-
scribed to said capital stock at any election or elections held
for the purposes aforesaid. And any one of said boards, if it
sliall deem it expedient so to do, is hereby authorized and
empowered to sell and dispose of its bonds or any number of
its bonds duly made for the purposes aforesaid, and apply
the proceeds of any such sale towards the payment of any
subscription made by such board to the capital stock of said
company; and in the event any subscriptions to said capital
stock shall be duly made and authorized as aforesaid, it
shall be obligatory on the several and respective boards

1870-'71.— Chapter 47. 101

aforesaid making the same to provide for the payment of the ^^J^'^^^y*^^ {J|
several subscriptions by them respectively so made, by-en- subscription,
nially from year to year, levying and collecting from the
different subjects of taxation at their command respectively,
a sufficient amount for that purpose, and such interest as
may accrue thereon, whether the same be due by bonds or
in any other way, and whether the indebtedness so created
is due and owing to said company or to any other corpora-
tion or person whatsoever.

Sec. 7. It shall be the duty of the corporators herein
named, so soon as the sum of one hundred thousand dollars
shall have been subscribed to the capital stock of said cor-
poration, and five per cent, of said amount shall have been
paid as hereinbefore required, to call a general meeting of Jj^^gXriS^
the subscribers to said capital stock to be held in the city of
Wilmington, and of the time and place of said meeting
twenty days notice shall be given by advertisement in two
or more of the daily newspapers published in said city.

Sec. 8. That at the e-eneral meeting ot the subscribers to Election of Board

*=> ° , of Du'cctors

the capital stock of said company to be called as aforesaid, a

board of directors, consisting of not less than five nor more

than nine of such subscribers, shall be elected for the general

direction and management of the afiairs and business of said

company, who shall hold their offices as such directors for Term of office.

one year and until their successors are elected, and there

shall be annual meetings of the stockholders of said company Annual meetings,

to be held at such time and place as may be prescribed by

the by-laws of said company, or as may be determined at

any general meeting of such stockholders, at which said

annual meetings a board of directors as aforesaid shall be

elected at all such annual meetings and at all called meetings

of the stockholders of said comixany, each share ot the stock Each share enti-

\, tied to ouc vote.

of said company, whether represented m person or by proxy,
shall entitle the liolder to one vote ; and one or more stock-
holders owning or representing one hundred shares of said
stock, may on any subject matter to be divided at any such
meeting, require that the vote shall be taken according to
the stock held or represented by the persons present. The stock-vote. .

102

1870-'71.— Chapter 47.

Elections.

Directors to elect
a President.

Company may
purchase lands
and locate town.

May own steam-
boats and vessels.

Public carriers.

Company msiy
lease its rights.

Further rights and
privileges^

election of directors shall in all cases be made by ballot, and
b}' votes given according to the shares of stock lield or
represented by the persons present ; and the person or per-
sons having a majority of the votes given, shall be considered
as duly elected as directors of said company. The directors
so chosen shall elect one of their body the president of the
company, whose term of office shall continue for one year,
and until his successor shall be elected ; subject however to
such by-laws in regard to his removal, death, absence or other
incapacity to serve as may be adopted by said company.

Sec. 9. That in addition to the lands which said company
may acquire by contract with the owners, or by condemna-
tion, under any of the sections of the chapter of the revised
code entitled internal improvement, said company is hereby
authorized and empowered to purchase and hold such piece
or parcel of land not exceeding five hundred acres, situate
on or near New river, in the county of Onslow, which said
company may consider as advantageously located as the site
for a town ; and may at such time or times as may be
deemed expedient, sell and dispose of such piece or parcel of
land in such lots and upon such terms as may be considered
most beneficial to the interest of said company ; and said
company is further authorized and empowered to purchase
and hold such vessels, steamboats or other boats as may be
desired to be run and used on the Cape Fear river, or on
New river aforesaid, or elsewhere, in connection with the
road to be constructed by said company.

Sec. 10. That said company shall have the right to carry
persons, goods, wares, merchandise or any thing whatsoever
on the railroad to be constructed by said company, or on
any vessels, steamboats or other boats which may be held by
said company as aforesaid, and at such rates and charges as
may be fixed by the directors of said company, or said com-
pany may lease and farm out such right, in whole or in
part, to any other corporation or person, as niay be considered
most advantageous to the interest of said company.

Sec. 11. That this company shall have all the rights,
powers, privileges and exemptions granted to the Wilming-

1870-'T1.— Chapter 47—48. 103

ton and "Weldon railroad company by its original charter and
all amendments of the same in every respect as is granted
and exercised by the aforesaid corporation.

Sec. 12. That the corporation hereby created shall con- Limit of time.
tinue and exist for the term of ninety-nine years, and all
laws and clauses of laws in conflict with the meaning and Repealing clause,
purview of this act are hereby repealed.

Sec. 13. That this act shall take effect and be in force ^^n act to take
from and after the 21st day of November, A. D. 1870.

Ratified Uie 25th day of January, A. D. 1871.

CHAPTER XLYIII.

REPLICATION BY THE HOUSE OF REPRESENTATIVES OF THE STAT
OF NORTH CAROLINA, TO THE ANSWER OF WILLIAM W. IIOL-
DEN, GOVERNOR OF THE STATE OF NORTH CAROLINA, TO THE
ARTICLES OF IMPEACHMENT, EXHIBITED AGAINST HIM BY THE
HOUSE OF REPRESENTATR^ES.

The house of representatives of the state of North Carolina
have considered the several answers of William W. Ilolden,
governor of North Carolina, to the several articles of impeach-
ment against him by them exhibited, in the name of them-
selves and all the people of said state, and reserving to them-
Belves all advantage of exception to the insufficiency and
irrelevancy of his answer to each and all of the several
articles of impeachment exhibited against the said William
W. Ilolden, governor of said state, do deny each and every
averment in said several answers, or either of them, which
denies or traverses the acts, intents, crimes, misdemeanors,
offences or misconduct charged against said William W.
Holden, in said articles of impeachment, or either of them ;
and for replication to said answer do say that said William
W. Ilolden, governor of said state, is guilty of the high
5

104

1870-'71.— Chapter 48—49.

crimes, misdemeanors and offences mentioned in said articles,
and that the house of representatives are ready to prove the
same.

Adopted the 24th day of January, A. D. 1871.

CHAPTEE XLIX.

AN ACT TO INCOEPOKATE THE WAREENTON EAILEOAD COM-
PANY.

Section 1. The General Asseoribly of North Carolina do
Corporators. ^^^^^^ That it shall be lawful for Jacob Parker, John
"White, Wiley P. Massenburg, John M. Waddill, William
J. White, William J. ]N"orwood, John C. McCraw, George
E.. Sledge, Walter G. Plummer, James A. Egerton, and
William P. Bugg, or any three of them, to open books of
subscription at Warrenton, and such other places as they
may select, for the purpose of receiving subscriptions to an
Capital stock. amount not exceeding fifteen thousand dollars, in shares of
fifty dollars each, for the pui-pose of effecting a communica-
tion by railroad from some point in or near to the town of
Location of road. Warrenton, to some point at or near to the Warrenton
depot on the Raleigh and Gaston Railroad in the county of
Warren, and for providing everything necessary and conve-
nient for transportation on the same.

Sec. 2. When the sum of six thousand dollars shall be
subscribed, the subscribers, their executors, administrators
and assigns shall be and they are hereby incoi-porated into
a company, by the name and style of the Warrenton Rail-
Corporate name, road Company, and by that name shall be capable of pur-
chasing, holding, selling, leasing and conveying estate, real,
personal and mixed, so far as shall be necessary for the pur-
poses specified in this charter, and no further, and shall
have perpetual succession, and by said coi^porate name may
sue and be sued, and may have and use a common seal, and

1870-'-71.— Chapter 49. 105 ;

shall have all of the powers rights and privileges ■whicli other '

corporate bodies lawfully have for the pm*poses herein men- ;

tioned, and may make all such by-laws, rules and regula- Rights and privi-
tions, not inconsistent with the constitution and laws of this ' '

state or those of the United States, as shall be necessary for
the well ordering and conducting of the aflfairs of the com- ^

pany. ]

Sec. 3. When the said sum of six thousand dollars shall j

have been subscribed, pubhc notice of the fact shall be given 1

by three or more of said commissioners, at Warrenton, who
shall have power at the same time, to call a general meeting of j

the subscribers at Warrenton. To constitute such meeting, Meeting of sub-
a number of persons entitled to a majority of the votes shall ^'^^ '^^^' i

be present either in person or by proxy, and if a suflficient
number do not attend on that day, then those who do attend
shall have power to adjourn from time to time, until a meet- j

ing shall be formed. .

Sec. 4. The subscribers at their general meeting before \

directed, and the stockholders at every annual meeting
thereafter, shall elect a president and five directors, who Election of a ;

shall continue in ofiice, unless sooner removed, until the Directors.^'^
next annual meeting, and until their successors shall be
elected ; but the president or any of the directors may at Term of office,
any time be removed, and the vacancy thereby occasioned i

be filled by a majority of the votes given at any general
meeting. The president, with any two or more of the
directors, or, in the event of the sickness, absence or inability i

of the president, any three or more of the directors, who Quorum,
shall appoint one of their own body president pt'o tempoi'e^ !

shall constitute a board for the transaction of business. In i

the case of vacancy in the office of president, or any director, Vacancies,
happening from death, resignation, removal or inability, \

such vacancy may be supplied by the appointment of the
board until the next annual meeting.

Sec. 5. The said corporation shall be invested with all of Furtiicr rights,
the powers, rights and privileges conferred upon the Raleigh j

and Gaston railroad company, by its charter granted in the
year one thousand eight hundred and thirty five, and shall ,!

106

1870-'71.— Chapter 49.

Proviso.

Commissioners of
Warren county
may subscribe to
stock.

Number of shares
to be subscribed
by town.

Election to be
held.

Sheriff to adver-
tise.

Election.

Qualification of
voters.

Manner of voting.

Result to be re-
corded.

Commissioners
may issue bonds.

be subject to all the rules, regulations and restrictions therein
contained, so far as the same are applicable to the railroad
between the points above designated, and are consistent
with this act ; Provided^ nevertheless, That the judge of the
court of probate of Warren county shall exercise the powers
conferred by said charter on the court of pleas and quarter
sessions, so far as the condemnation of land is concerned, for
the use of said company.

Sec. 6. The board of commissioners of the town of War-
renton shall have power to subscribe for any number of the
shares of the capital stock of said company a sum not exceed-
ing in amount double the sum subscribed by individuals,
and in no event whatever exceeding the sum of ten thousand
dollars. A majority ot said commissioners shall, at any time
within one year after the ratification of this act, determine
the number of shares for which they propose that the town
shall subscribe, and appoint a day for holding an election in
relation thereto, and cause the same to be entered upon
their minutes ; and it shall be the duty of the sheriff of said
county, at the court house in Warrenton, to advertise the
object and the day of the election, for at least twenty days
prior thereto ; and on said day to open and keep open the
polls agreeably to the acts regulating the election of members
of the general assembly, and all qualified voters for the house
of representatives of this state in said town of Warrenton,
who shall have resided therein for ninety days before the
election, favoring the subscription, may vote " subscription."
and those opposing the same may vote " no subscription,"
and the result of the election shall be made known to the
board of commissioners at their first meeting after said eleo
tion, and shall be made a matter of record. If the result
shall be favorable to the subscription, then it shall be the
duty of said board of commissioners to autliorize the mayor of
the town of Warrenton to make the subscription, in the name
of the town of Warrenton. To enable said board to meet
the installments that may be required upon such subscrip-
tion, or otherwise pay the same, they are hereby invested
with authority to issue bonds of the said town redeemable in

1870-'71.— Chapter 49. 107

-a period not exceeding twenty years from the date thereof,
bearing interest, payable semi-annually at a rate not exceed-
ing eight per cent, per annum ; and it shall be the duty of
£aid board regularly to provide the means for meeting the
interest on said bonds, as the same shall become due, by
laying such taxes annually upon persons, lands and other Txation.
property within the said town as shall be sufficient for that
purpose. And the said board shall have power to appoint N^otiation of
one of their number to negotiate any loan or loans that may ^^^'
be necessary, to sell and dispose of the bonds, to receive the
tax imposed to meet the interest, and apply the same to its
payment, and to represent the said town in all meetings of
the stockholders of said company, and to receive the divi-
dends that may become due upon the town stock, and apply
the same either to the interest, or to a sinking fund for the
extinguishment of the principal, as the said board may
direct ; and it shall be likewise the duty of said board to
make provision by taxation or otherwise for the prompt
payment of the principal of said bonds, when they shall
became due.

Sec. 7. The capital stock of the said company shall consist Capital stock,
of fifteen thousand dollars, but shall be lawful for a majority of
the stockholders at any general meeting to raise the same to
twenty -five thousand dollars, by the addition of as many
shares as may be necessary.

Sec. 8. In counting the votes of said company, each mem- Representation,
ber shall be allowed one vote for each share of stock not ex-
ceeding two, one for every two shares above two, and not
exceeding ten, and one for every five shares above ten, held
T[>y him in the stock of said company.

Sec. 9. That this act shall be in force from and after its When act to be in
Tatification. torce.

Ratified the 28th day of January, A. D. 1871.

108

1870-71.— Chaptek 50—51.

CHAPTEK L.

AN ACT TO REPEAL AN ACT ENTITLED " AN ACT TO CHANGE
PART OF THE LINE THAT DIVIDES BUKKE AND m'dOWELL
COUNTIES.

Repeal.

When act to be in
force.

Section 1. The General Assembly of North Carolina do
enact. That an act entitled "an act to change part of the
line that divides Burke and McDowell counties," in the laws
of one thousand eight hundred and sixty-nine and one thou-
sand eight hundred and seventy, and the provisions of the
same, are hereby repealed.

Sec. 2. That the dividing line of Burke and McDowell
counties shall be and remain the same as before said act.

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

Katified the 28th day of January, A. D. 1871.

CHAPTER LI.

AN ACT TO SUPERSEDE THE SPECIAL TERMS OF THE SUPERIOR
COURTS OF CRAVEN AND LENOIR COUNTIES.

Preamble.

Special terms of
Court superseded.

"Whereas, it has been represented to the present gcn'^ral
assembly that the special term appointed to be held for the
county of Craven on the first Monday of February, anno
domini one thousand eight hundred and seventy-one, and
that the special term of the superior court of Lenoir county,
to be held on the third Monday in February, anno domini
one thousand eight hundred and seventy-one, are unnecess-
sary, inconvenient and oppressive ; therefore :

Section 1. The General Assembly of North Carolina do
enact, That the special term of the superior court of Craven
county, appointed to be held on the first Monday in February,_

1870-'7L— Chaftek 51—53. 109

anno domini one thousand eiglit hundred and seventy-one,

and that the special term ot the superior court of Lenoir

county to be held on the third Monday in February, anno

domini one thousand eight hundred and seventy-one, be and

the same are hereby superseded.

Sec. 2. That the secretary of state is hereby requested to Secretary of state

;. -it. ^i^ fumisti copies

furnish at once a copy of this act to the chairman oi the of act.

board of commissioners of Craven county, and to the chair-
man of the board of commissioners of Lenoir county, to the
end that the same may be published for general information
in said counties.

Sec. 3. That this act shall be in force from its ratification. When act to be in
Ratified the 28th day of January, A. D. 1871. *''"®*

CHAPTER LII. !

AN ACT FOR THE RELIEF OF THE SURETIES OF J. W. C. PEAKCY, j

DECEASED, LATE TAX COLLECTOR OF CHEROKEE COUNTY. I

Section 1. The General Assemhly of North Carolina do f 1
enact. That the sureties of the late J. "W. C. Pearcy, tax Sureties invested

' 111 with rights,

collector for the county of Cherokee, be and they are hereby ■

invested with all the rights and privileges conferred on the |

said Pearcy by an act of this general assembly, ratified the 1
twelfth day of April, one thousand eight hundred and sixty-
nine.

Sec. 2. That their privileges shall be continued until Sep- 1

tember first, one thousand eight hundred and seventy-one ; Privileges con- |

Provided., No person shall be required to pay any of said * \

taxes who will swear that he or she has paid his or her taxes \

or believes the same to have been paid ; Provided f mother ^ <

That the representatives of the estates of deceased persons Proviso. ;

shall not be required to pay any such arrears of taxes. \

Sec. 3. That the county commissioners of Cherokee county County Commis- '
T . c . . J, . , .. sioners may ap-
fihall, upon the application of a majority of said sureties, point receiver.

appoint such person as such majority may receive, to collect j

110 1870-'71.— Chapter 52—53.

the taxes due and unpaid for the years one thousand eight
hundred and sixty-six and one thousand eight hundred and
sixty-seven.

When act to be in Sec. 4. This act shall be in force from and after its ratifi-

*"'°^- cation.

Ratified the 31st day of January, A. D. 1871.

CHAPTER LIII.

OEDER OF THE HOUSE OF KEPKESENTATIVES RELATIVE TO
AMENDMENT OF ARTICLE EIGHT OF IMPEACHMENT OF "WILLIAM
W, HOLDEN, GOVERNOR OF NORTH CAROLINA.

Amendment to It is ordered by the house of representatives that the

Article VIII of ./a ^^ ^^^

Impeachment. board of managers of the impeachment of "William W. Hol-

den, governor of the state of I^orth Carolina, ask leave of

the senate, sitting as a court of impeachment, to allow the

house of representatives to amend article eight of impeach-

, ment heretofore exhibited by them against the said William

W. Holden, governor as aforesaid, and now pending before

the senate sitting as said courts by striking out the name of

" Richard T. Berry," wherever the same may occur in said

article, and inserting instead thereof the name "JohnB.

!N^eathery," and that the said managers be, and they are

hereby authorized to make such amendment if the senate

sitting as such court shall so allow.

Adopted the 26th day of January, A. D. 1871.

1870-'71.— Chaptek 54—55. Ill

CHAPTEK LIY. j

AN ACT TO ALLOW THE CK)M2»nSSI0NERS OF ORAI^GE COUNTY I

TO LEVY A SPECIAL TAX. i

Section 1. The General AssemUy of Nc/rth Carolina do ^™t of special
enact^ That the commissioners of Orange county are hereby
authorized to levy a special tax not to exceed thirty-three
and a thii'd cents on the one hundred dollars worth of real
and personal property, and one dollar on each poll, tor the
purpose of paying the indebtedness of said county ; the said
tax to be levied at such time as the commissioners may deem
proper.

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

force.

fication ; Provided, This act shall have no force or effect Proviso,
until submitted to, and ratified by a majority of the electors
of said county at an election to be held hereafter, under the
direction of the county commissioners.

Ratified the 2d day of February, A. D. 1871.

CHAPTER LY.

AN ACT CONCERNING THE POOR HOUSE OF LINCOLN COUNTY.

Section 1. TJie General AssemUy of North Carolina do Action of County

_, , . „ . . . p T • ^ Commissioners

enact, That the action of the commissioners of Lincoln coniirmcd.
county in purchasing one hundred acres of land for a new
poor house site in said county, be and the same is hereby in
all things confirmed.

Sec. 2. That the commissioners of said county are hereby Authority to sell

1.11 1 11 1 1 1 -i 1 1 1 o^d P'^or house

authorized and empowered to sell the old site and lands on site.
which the old poor house was formerly situated, on such
terms as may seem proper to the said commissioners.

Sec. 3. This act shall be in force from and after its rati- when act to he in

r. ,. force.

iication.

Ratified the 2d day of February, A. D. 1871.

112

1870-'Y1.— Chapter 56—57.

CHAPTEE LVI.

AN ACT m KELATION TO ELECTION OF KEEPER OF THE CAPITOL,

Preamble.

Day of eleetion.

Term of office.

Vacancy.

When act to be in
force.

Wheeeas, the day provided for the election of a keeper
of the capitol, by an act ratified on the fourteenth day of
December, eighteen hundred and seventy, having passed
without an election ; therefore.

Section 1. The Genefral Assembly of North Carolina do
enact, That the general assembly shall, on Saturday, the
fourth day of February, eighteen hundred and seventy one,
proceed to elect a keeper of the capitol for the ensuing year,
as provided for in an act entitled " an set in relation to the
keeper of the capitol," ratified the fourteenth day of Decem-
ber, one thousand eight hundred and seventy.

Sec. 2. That if said office shall at any time, except during
the session of the general assembly, become vacant by death,
resignation or otherwise, the governor shall appoint a suita-
ble person to fill said vacancy until the next ensuing regular
election therefor.

Sec. 3. This act shall be in force from and after its ratifi-
cation.

Katified the 2d day of February, A. D. 1871.

CHAPTER LYII.

AN ACT TO PROVIDE FOR THE ELECTION OF A TAX COLLECTOB
FOR LINCOLN COUNTY.

County Commis- SECTION 1. The General AssemUy of North Carolina do

sioners may elect , . .

tax collector. eTiact, That the board of commissioners for Lincoln county
may, in their discretion, annually elect a tax collector for
said county ; said election to be held before the first day of
April in each year.

1870-'71.— Chapter 57—58. 11^

Sec. 2. That the tax collector, so elected, shall execute his ^°^^-
official bonds, payable to the state of Jl^orth Carolina in
double the estimated sum of the state and county taxes to be
collected in said county with two or more solvent securities,
to be approved by the said board. Said bond shall be regis-
tered and the original deposited in the office of the superior
court of said county.

Sec. 3. That it shall be the duty of said tax collector to Duties and pow-

crs
collect all the state and county taxes levied in said county ;

that he shall have all the powers vested in the sheriff for

that purpose, and be governed by the same rules, regulations

and provisions which apply to sheriffs in the collection of

taxes, and be subject to like penalties and prosecutions for

failure in the performance of his official duties.

Sec. 4. That said tax collector shall receive the same Compensation,
compensation for his services as may be allowed to sheriffs
for similar purposes.

Sec. 5. That this act shall be in force from and after its When act to be in
ratification.

Ratified the 2d day of February, A. D. 1871.

CHAPTER LYIII.

AN ACT TO KETURN TO THE WILMINGTON, CHARLOTTE AND
RUTHERFORD RAILROAD COMPANY ITS FIRST MORTGAGE
BONDS IN EXCHANGE FOR OTHER BONDS OF THE COMPANY.

Section 1. ne Gmeral Assembly of Nm^th Carolina do Sd"may beTx-
enact^ That M-lienever the president and directors of the changed,
Wilmington, Charlotte and Rutherford railroad company
shall deposit with the public treasurer of the state five hun-
dred thousand dollars of the mortgage bonds of the company
authorized to be issued by an act entitled " an act to enable
the "Wilmington, Charlotte and Rutherford railroad company
to complete their road and to authorize the return of state .,„.-..••'•

114

1870-71.— Chapter 58.

Bonds to be held
as collateral secu-
rity.

Treasurer to de-
liver first mort-
gage bonds.

To whom bonds
to be delivered.

bonds to the treasury," ratified the twelfth day of March,
one thousand eight hundred and seventy ; or a suflScient
number of said bonds to cover at par the hereinafter
mentioned five hundred thousand dollars first mortgage
bonds with the accrued interest upon them, the said
treasurer is hereby authorized and directed to deliver the
said president and directors five hundred thousand dol-
lars of the first mortgage bonds of the company with the
coupons that were upon them when deposited in state
treasury, heretofore deposited in tlie state treasury under the
provisions ot an ordinance ot the state convention, entitled
" an ordinance reducing the amount of bonds authorized to
be issued by the Wilmington, Charlotte and Rutherford
railroad company," ratified the fifth day of February, one
thousand eight hundred and sixty-eight. And the said presi-
dent and directors shall receive the same and apply them to
the construction and completion of the said road and to no
other purpose.

Sec. 2. That the bonds so authorized to be deposited by
the said president and directors shall be received by the said
treasurer in exchange for the said first mortgage bonds, and
shall be held as collateral security as provided for in the said
ordinance ol the convention, oi the fifth of February, one
thousand eight hundred and sixty-eight, hereinbefore re-
ferred to.

Sec. 3. That upon the said president and directors ex-
ecuting and delivering to the said treasurer their bond with
sureties to be approved by him in the sum of fifty thousand
dollars, payable to the state of Korth Carolina, conditioned
for the delivery to the said treasurer within sixty days from
the date thereof the said mortgage bonds authorized to be
deposited by the first section of this act, it shall be the duty
of treasurer, and he is hereby directed immediately to deliver
to the said president and directors the said five hundred
thousand dollars of the first mortgage bonds.

Sec. 4. That the treasurer is hereby directed to deliver
the said first mortgage bonds to the president and directors
of said company elected as such at the meeting of the stock-

1870-'71.— Chapter 58—59. 115

holders of said company, held at "Wilmington, twentieth of
October, one thousand eight hundred and seventy.

Sec. 5. That a sufficient amount of the proceeds of the Y^\^ °^ proceeds

^ to be used on

said first mortgage bonds shall be used on the western Western Division,
division of said road to complete it to the town of Shelby in
the county of Cleaveland.

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

force,
ratin cation.

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

CHAPTER LI X.

AN ACT TO AUTHORIZE THE LEVY OF A SPECIAL TAX FOR THE
COUNTY OF PERSON.

Section 1. The General AssemNy of North Carolina do
enact, That the county commissioners of Person county shall Limits of tax.
have power to levy a special tax not to exceed five thousand
dollars, to be levied on all real and personal property in
said county, for the purpose of relieving the poor, and for Object,
other necessary expenses tliat have been or shall be incurred ;
Provided, That the said commissioners in levying said tax proviso.
on property, shall at the same time levy a tax on the polls
which shall be equal to the tax on property valued at three
hundred dollars in cash, to be applied for the purposes speci-
fied in this act.

Sec 2. This act shall have no force or effect until sub- Act to be submit-
mitted to the vote of the peo])le of Person county at an "^
election to be held under the direction of the county com-
missioners and approved by a majority ol the votes cast.

Sec 3. This act shall be in force from its ratification. when act to be in

Ratified the 7th day of February, A. D. 1871. ^'"■'=''-

116

1870-71.— Chapter 60—61.

CHAPTER LX.

AN ACT IN RELATION TO THE PAT OF WITNESSES ATTENDING
THE COURT OF EVIFEACHMENT.

•Compensation.

To whom act
shall apply.

Clerk; of the Sen-
ate to give cer-
titicate.

When act ta take
eflfect.

Section 1. The General Assembly of Nm-ih Carolina do
enact, That the witnesses summoned to attend the court of
impeachment on the trial of Goyernor William W. Ilolden,
shall receive one dollar and fifty cents per day, and ten cents
per mile by the most usual route from their respective homes
to Raleigh and retui^iing.

Sec 2. The above shall apply to witnesses for the respon-
dent as well as for the prosecution ; Provided, The res-
pondent shall not be allowed pay for more than two wit-
nesses to prove the same fact, unless permitted by the
senate.

Sec 3. That the clerk of the senate shall certify the num-
ber of days each witness shall attend upon said trial, and the
number of miles travelled ; and the governor thereupon shall
issue warrants uj)on the treasurer of the state who shall pay
the same.

Sec 4. This act shall take effect from its ratification.

Ratified the 7th day of February, A. D. 1871.

CHAPTER LXI.

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO REGULATE
THE MANNER OF APPLYING FOR PARDONS," CHAPTER ONE
HUNDRED AND SEVENTY-ONE, RATIFIED MARCH TWENTY-EIGHT,
ONE THOUSAND EIGHT HUNDRED AND SEVENTY.

Amendment.

Section 1. The General Assembly of North Carolina d»
enact, That section two be so amended as to strike out all
in said section after the word " thereon," in the fifth line,

1870-' 71.— Chapter 61—62.

119

and to read as follows : Every sucli application shall contain
tlie grounds and reasons upon wliicli the executive pardon
is asked, and shall be in every case accompanied by a certi-
fied copy of the indictment, and the verdict and judgement
of the court thereon.

Sec. 2. That sections three, four and five of said act are Repeal,
hereby repealed.

Sec. 3. This act shall be in force from its ratification. J^^^en act to be in

force.

Eatified the 8th day of February, A. D. 1871.

CHAPTER LXII. i

AN ACT CKEATESTG A COMMISSION TO INQUIRE INTO CHARGES OF i
CORRUPTION AND FRAUD.

Whereas, the last general assembly authorized the issue of Pi'cambie.
sundry railroad companies of many millions of dollars in the
bonds of the state for alleged purposes of internal improve

ment, and said bonds were issued to the officers of said com- I
panics ;

And whereas, this general assembly have reason to believe

that no adequate results have accrued therefrom, but that a j

large proportion of said bonds have been corruptly and j

fraudulently diverted from any pui-poses of internal improve- <

ment to the personal ends of certain individuals, and have [

been fraudulently and dishonestly disposed of, to the great i

detriment of the state, in the impairing of her credit abroad !

and the criminal disregard of her material interest at home ; j

And whereas, it has been commonly charged that a por- j

tion of said bonds or of the proceeds thereof, have been 1

used for purposes of bribery in and out of the state of North j

Carolina ; ^

And whereas, there have been many charges of official I

venality and corruption since the passage authorizing the 1
issue of the said bonds ;

116

1870-'71.— Chaftee 62.

Commissioners to
be appointed.

Duties of com-
misBion.

Authority.

Re-enactment of
part of chapter 48,
lawsl869-'70.

Commission may
ai^point persons
to take deposi-
tions.

And whereas, it has been charged that certain officers of
some of the said railroad companies have let contracts for
the construction of said railroads or of parts thereof at fraud-
ulent and exorbitant prices, and have shared or are yet to
share in the profits of said contracts, or have been or are to
be given money or other things on account of such fraudu-
lent contracts ;

And whereas, right and justice demand that the truth or
falsity of all such charges should be inquired into and ascer-
tained to the end that if true, the guilty may be punished
and the honor of the state vindicated,

Section 1. The General Assembly of North Carolina do
enact, That tlie president of the senate and the speaker of
the house of representatives appoint three persons who shall
constitute a conmiission to investigate and inquire into the
matters hereinbefore refcred to. They shall ascertain what
disposition was made of all or any of said bonds, or of the
proceeds of the same, or of any part thereof. They shall
furthermore make diligent inquiry into every charge of
bribery and corruption against any and every official oi the
state, and against any and every officer or member of any
corporation wherein the state has had or has any interest.
And any one of said commission, by the appointment of
said commisson, is authorized and empowered to examine
witnesses, take deposition, administer oaths, issue process,
and do whatever may tend to facilitate the business of said
commission.

Sec. 2. That in furtherance of the objects of the said com-
missons, chapter five and chapter forty-eight except the
preamble, and section four of the act of one thousand eight
hundred and sixty-nine and one thousand eight hundred and
seventy, are hereby re-enacted and made a part of this act as
fully as if the same were herein set forth.

Sec. 3. That said commission shall have power in their
discretion to commission one or more persons in or out of
the state, to take the deposition of any person under such
rules as they may prescribe touching any matter within the
compass of their duties as prescribed by this act.

I870-'71.— Chapter 62—63. 119

Sec. i. That said commissioners be allowed the same per Compensation,
diem as the members of this general assembly for every day
actually and necessarily employed by them in the discharge
ol the duties required by this act, and their travelling ex-
penses necessarily incurred in the performance of the same.
And all witnesses appearing before them under tbeir sum- ^^7 of witaesseat
mons shall be allowed the sAmej>er didm and mileage as is
now allowed by law to witnesses in the superior courts.

Sec. 5. That the treasurer is directed to pay upon the Treasurer to pay
warrant of tlie chairman ol said commission, countersigned ch!^?i^^™f^com-
by the auditor, all sums which shall become due under this ™*^^"'°-
act for per diem and travelling expenses of the members of
the commission, and for sheriifs and witness fees.

Sec. 6. This act shall be in force from its ratification. When act to be ia

Ratified the 8th day of February, A. D. 1871. '*'"'''•

CHAP TEE LXIII.

AN ACT CONCERNING A CONVENTION OF THE PEOPLE.

Whereas, the present constitution of North Carolina is in Preamble,
many respects burdensome and oppressive to the people of
the atate, and some ol the provisions ill-adapted to the wants
and condition of the people ; and whereas, the taxes re-
quired by said constitution to be levied upon the citizens of
the state by this general assembly, are, in the judgement ol
this general assembly, too burdensome to be borne by the
tax payers ol the state, and cannot be collected without
efiecting the ruin ol the best interests of all our people ; and
whereas, for the reasons hero set forth, and many others
in the judgment of this general assembly, said constitution
requires such amendments and alterations as will give to
our people the relief demanded by thera from their present
heavy burdens, which can only be immediately and judi-
ciously effected by a convention of the people ; and whereas,
6

120

1870-'71.— Chapter 63.

Governor to issue
proclamation.

Date of election.

Manner of voting.

Delegrates.

.Tudges of elec-
tion.

Judges to count
ballots.

Return to be
made.

Proviso.

tliis general assembl}'', in matters of such grave iinport, is
reluctant to undertake any change in the fundamental law
of the state, without the sense of the people in whom, under
our government, all sovereigntj' resides, being first ascer-
tained ; therefore.

Section 1. The General Ax^emhJy of North Carolina do
enact, That upon the passage of this act, the governor of
the state be and he is hereby required to issue a proclama-
tion commanding the sheriffs of the respective counties in
the state to open polls at the several places of holding elec-
tions in said counties on Thursday, the thirteenth of
April, anno domini one thousand eight hundred and seven-
ty-one, where and when all persons qualified to vote tor
members of the general assembly may vote for or against a
state convention, under the restrictions hereinafter provided
for ; those who wish convention voting with a printed or
written ticket, " convention," and those who do not wish
such convention voting in the same way, " no convention ;"
also to open separate polls at the said time and places for
the election of delegates to the convention to be assembled
in the city of Raleigh at such time as is hereinafter provided
for, said polls to be superintended by two judges or inspec-
tors, at each of said places of holding the election, to be ap-
pointed by the commissioners of said counties respectively,
and an officer appointed by the sheriff* of the county, each of
whom shall be sworn faithfully and impartiall}' to conduct
said election according to law.

Sec. 2. That it shall be the duty of said judges or inspec-
tors, immediately after the closing of the polls, to count the
ballots in the presence of such electors as may desire to be
present, and make out a correct statement under their hands
of the polls at their respective places of holding said electii a
which shall be sealed up and returned to the commissioners
of their respective counties, b}' 12 o'clock on Saturday after
said day of election ; Provided, the counties of Carteret,
Dare and Hyde, shall be allowed until Tuesday after tie
election to make their returns ; and said commissioners, (or
any two of them in the presence of five or more of the cili-

1870-71.— Chapter 63. 121 i

(

zens of said county.) shall compare said returns at the court- County Commie- |

, , 111. . , . . sioners to make i

house, or other place of holding court in their respective returns. I

counties, and make duplicate statements of said returns, \

sworn to before some person authorized to administer oaths, I

one copy of which shall be deposited in the office of the i

ted to the governor ot the state, at Raleigh, under the same j

rules and regulations, and under the same penalties, as are \

prescribed in the case ot the returns of the vote for electors !

of president and vice-president, as now provided by law,

immediately after said election.

Sec. 3. That it shall be the duty of the governor, as soon Governor to com' '
as he shall have received said returns, not later than the forth fence of^certafn
day of Ma}', anno domini one thousand eight hundred and officers. ]

seventy-one, in the presence ot the secretary of state, public
tresurer and attorney general of the state, to compare the i

number of votes for and against a convention ; and if it shall j

appear that a majority of the votes polled are in favor of a con- •

vention, he shall forthwith issue a proclamation, in such j

manner as lie may think proper, summoning the delegates !

elected to said convention as aforesaid, to convene in Raleigh 1

on the fourth Monday in May, anno domini one thousand i

eight hundred and seventy-one, but if a majority of the Governor to issue
votes polled are against convention, the governor shall in r(»uit™'^
like manner issue a proclamation of that fact.

Sec. 4. That the election aforesaid, shall be held with Manner of hold-
open doors, in the presence of the electors assembledj and '°^ election.
conducted in the same manner as elections for members of
the general assembly, and the vote shall be counted, the
scrolls compared, the result proclaimed, and certificates
issued, in the same manner, as now prescribed by law for
members of the house of representatives.

Sec. 5. That the inspectors of election mentioned in sec- inspectors ot
tion first of this act, shall be appointed by the commissioners e^«^*'»<^"'
of each county respectively, at a meeting to be held on the
first Monday in March, one thousand eight hundred and
seventy-one, or as soon thereafter as practicable, and said

122

1879-'71.— Chapter 63.

Registrar of vo-
ters.

Duties of Regis-
trar.

Qualification of
voters.

Challenge.

Vacandee, how
filled.

Number of d«le-
gate^i

Convention to fix
ita pay, &c.

commissioners shall, at the same time, appoint a registrar of
voters lor each voting precinct or township, whose duty it
shall be to revise the existing registration books of his pre-
cinct or township, in such manner that said books shall show
an accurate list of all electors previously registered in such
precinct or township, and still residing therein, without re-
quiring such electors to be registered anew ; and such
registrar shall also, at all times after his appointment, up t»
and on the day of election aforesaid, keep open said books,
and shall be at the polls on said day with said books for the
registration ot any electors residing in such precinct or
township, and entitled to registration, whose names have
never before been registered in such precinct or township,
or do not appear on the revised list ; no certificates of regis-
tration shall be given, and no elector shall be entitled to
register or to vote in any other precinct or township than
the one in which he is an actual and bonafide resident on
the day of election. Any person offering to vote, although
his name may be on the registration books, may be chal-
lenged as to his right to vote on the day of election, and the
question shall be decided by the inspectors of the box and
the registrar of the precinct or township, before the ballot is
received.

Sec. 6. That if a vacancy shall occur by death or other-
wise, of any person elected deltgate as aforesaid, the pre-
siding oflBcer of the convention shall issue his writ to the
sheriff of the county, in which such vacancy may have
occurred, after such notice as the convention may order, to
open polls to fill such vacancy, under the same rules and
regulations as hereinbefore prescribed for the election of
delegates.

Sec. 7. That said convention shall consist^foneL^hundred
and twenty-one delegates, and each county shall be entitled
to the same number of delegates as members of the house ol
representatives, under the present apportionment, and the
county of Dare shall be entitled to one delegate.

Sec. 8. That said convention shall have power to fix the
pay of all its officers and members, and shall provide for

;i870-' 71. —Chapter 63. 123

other expenses to be paid out of the treasury as it may
direct.

Sec. 9. That said convention shall have power to elect its Officers of Con-

'■ vcntion.

officers, and shall be the judge of the qualifications and elec-
tion of its members, who shall be electors of the state, of
North Carolina.

Sec. 10. That said convention shall have power to con- Powers of Con-

^ , vention.

sider and propose all necessary amendments and alterations

to the constitution of the state, (excepting the restrictions
hereinafter mentioned,) not inconsistent M'ith the constitu-
tion of the United States. But said convention shall have 5^4!*'*'°^°^
no power or authority whatever to offer or propose any
amendment or alteration of, or in anywise interfere with,
repeal, or modify the homestead and personal property ex-
emptions, as provided for in article 10 of the constitution of
the state, and said convention shall insert a clause in said
constitution depriving any court of the state of all power or
jurisdiction whatever to reverse, modify or change in any
way the decision which has been made by the present su-
preme court on the homestead clause of the present consti-
tution, nor shall said convention in any way interfere with,
modify, repeal or do any other act to restrict or impair the
rights, privileges, or immunities, of any person in the state,
on account of race, color or previous condition, which are
now guaranteed to him by the thirteenth, fourteenth and
fifteenth amendments to the constitution of the United
States ; nor shall they propose any amendment to tlic con-
stitution of the state, in any way impairing or i-estricting
said lights, privileges or immunities; nor shall said conven-
tion pass any ordinance, or propose any amendment to the
constitution of this state which shall in any wise provide for
payment to the late slaveholders of the state or any other
person, for the loss sustained by them by reason of the eman-
cipation of said slaves ; nor shall said convention pass any
ordinance, or offer any amendment, which shall in anywise
provide for the payment of any debt or debts, contracted in
aid of the late war ; nor shall said convention pass any ordi-
nance, or offer any amendment which shall in anywise pro-

124 1870-'71.~CHAFrEK 63.

vide for the infliction of corporeal punisliinent for criminal
offences ; nor shall said convention have power to abolish
the present system of public instruction, but to make such
alterations to said system as said convention may deem
necessary and proper ; nor shall said convention propose
any amendment or alteration requiring any property or edu-
cational qualification for voters or officers ; nor shall said
convention change the present ratio between the poll and
property tax, or provide for raising the poll tax on one poll
above two dollars for all (ordinary state and county) pur-
poses ; nor shall said convention be allowed to pass any ordi-
nance or ordinances legislative in their charactei', except
such as are necessary to submit the constitution as amended
to the people of the state for their ratification or rejection,
and provide for filling such vacancies as may occur by rea-
son of any amendment or amendments made by said con-
vention to the constitution of the state ; and except ordi-
nances in relation to the public debt ; nor shall said conven-
tion have any power to modify or repeal that clause in the
present constitution which provides for a mechanics and
laborers' lien law ; nor shall said convention have any power
to modify or repeal those clauses in the present constitution
which provide that there is no right to secede, and that
every citizen owes paramount allegiance to the constitution
and government of the United States. (Article I, sections
4 and 5.)
Further powers of Sec. 11. That said convention may revise the constitution
of the state, embodying in it such alterations and amend-
ments as may be agreed upon, not inconsistent with the
provisions of this act ; but no such revised constitution shall
have any force or validity until the same shall have been
Constitution to ratified by a majority of the qualified voters of the state, to
people. whom the same shall be submitted according to the mode to

be presbribed by ordinance of said convention.

Delegates to take Sec. 12. That no delegate to said convention shall be per-

°^*^* mitted to take his seat in said convention until he shall have

taken and subscribed the following oath or aflirmation before

any judge of the supreme or superior courts, or any justice

1870-'71.— Chapter 63. 125

ot the peace of Wake county, to wit : I, A. B., do solemnly Oath.
swear (or affirm, as the case may be,) that I will faitlifully
maintain and support the constitution of the United States,
and will not either directly or indirectly evade or disregard
the duties enjoined, or the limits fixed, to this convention
by the people of North Carolina as set forth in the act of
the general assembly, passed in one thousand eight hundred
and seventy-one, entitled an act concerning a convention of
the people; which act was ratified by the people : so help ,
me God.

Sec. 13. That any judge or judges of elections ap- fectbyCo?ntr^' '
pointed under the provisions of this act, or any county com- Commissioners ,

• • -ji./' •!• 1 • 11 and others. '

missioner or sherin lailmo' or nemectmoc to make the returns

O O O j

and perform the duties required of him by this act, shall be

deemed guilty of a misdemeanor, and on conviction, shall be j

fined not less than five hundred nor more than one thousand i

dollars, or imprisioned not more than six nor less than two 1

months, at the discretion of the court. (

Sec. 14. Any person who shall knowingly and fraudu- Fraudulent vo- i

lently register or vote or induce another to do so contrary ' |

to the provisions of this act, shall be deemed guilty of a '

misdemeanor, and on conviction, shall be imprisoned not penalty. \

less than six nor more than twelve months, or fined not less {

than one hundred nor more than five hundred dollars ; and \

any registrar of voters who shall make or cause or suft'er to i

be made, any entry with intent to commit a fraud shall be i

subject to indictment and liable to the same penalty. ]

Sec. 15. That the joint committee on printing shall im- Act to be printed. i

mediately have printed ten copies of this act for each I

senator and member of the house of representatives, and \

shall have printed and transmitted by mail one hundred j

copies to the board of commissioners for each county, whose I

duty it shall bo to furnish one copy to each registrar in their <

respective counties, and one copy to the inspectors of elec- ■

tion at each precinct before the day of election. -

Sec. 16. This act shall be in force from and after its ratifica- When act to be in I
.. force.

tion. i

Eatified the Sth day of February, A. D. 1S71.

126

1870-'71.— Chaptek 64.

CHAPTEK LXIV.

AN ACT TO INCORPORATE THE NORTH CAROLINA RAILROAD
AND MANUFACTURING COMPANY.

Capital.

Shares.

Location of rail-
road.

Corporators. Section 1. The General Assemhly of North Carolina do

enact, That E. M. Davis, Henry C. Davis, Shreve Acklej,
Harvey Shaw, Calvin Phillips, Tod R. Caldwell, Edmond
"W. Jones, James C. Harper and G. W. F. Harper, and
snch other persons as may be associated with them, and
their successors, be and they are created a corporation and
body politic, imder the name, style and title of the " North
Carolina Kailroad and Manufacturing Company," with a
capital of five hundred thousand dollars, with the power of
increasing the same to any sum not exceeding one million
dollars whenever the directors may deem it expedient, to be
divided into shares of one hundred dollars each, for the pur-
pose of constructing a railroad from any point on the line of
the Charlotte, Wilmington and Rutherford railroad, between
the towns of Lincolnton and Shelby, or from any point on
the line ot the Western North Carolina railroad, between
the towns of Hickory Tavern and Marion, to any point in
the state line between the state of North Carolina and the
states ot Virginia or Tennessee.

Sec. 2. That the said company shall have power to pur-
chase, hold and improve lands along and near the line of
said railroad ; to obtain therefrom any and all timbers, ores,
or other valuable substances ; and to construct such houses,
works, mills or factories as maj' be necessary to effect such
purposes, or to develope or to bring into market the resources
of the region through which said railroad shall pass.

Further powers. Sec. 3. That the said company shall have power to sell,
lease or mortgage the lands so acquired, and to construct
railroads from any point on the main trunk line to such
other points situated within the boundaries of the lands so
acquired by them as the said company may deem necessary.

May issue bonds* Sec. 4. That the said company shall have power to issue

Powers of com-
pany.

1870-'71.— CiiAFfER 64r—Qo. 127

bonds to an amount not exceeding its capital stock, at the
lesral rate of interest, redeemable at auv time not less than
ten (10) years from the date ot their issue ; said bonds to be
secured by mortgage on the railroad, lands, and other property
acquired b}' said corporation.

Sec. 5. That all railroads constructed by said company Guage.
shall have a guage ot not less than two (2) feet, and not more
than the jruage of the Xorth Carolina railroad.

Sec. 6. That the said company shall have the privilege of
suing, shall be liable by its coi^orate name, may have a
common seal, and may make such laws, rules and regulations
not inconsistent witli the constitution and laws of this state
and of the United States, as may be needful for the well
ordering of its affairs.

Sec "t. This act shall go into efiect from and after its i-ati- jv^^cn act to take

fication.

Ratified the 10th day of February, A. D. 1871.

CHAPTER LXV.

AN ACr IX KKLATION- To rRIXTIXG THE GENERAL STATUTES*

Section 1. The General Assemhly of North Carolina do Secretary of state

"^ "^ -11 directed to kiive

enact, That the secretary ot state be, and he is hereby au- laws printed.

thori7XMl ami directed, immediately after the ratification of

any act, to have the requisite number thereof printed, as

now required by law, to the end that the same may be

bound for distribution, as the law requires.

Sec. 2. That this act shall be in force from and after its wiicn act to be h^

force,
ratification.

Ratified the 11th day of February, A. D. 1871.

128

1870-'T1.— CHAi>rER 66—67.

CHAPTER L X Y I .

AN ACT TO AUTHORIZE THE COMMISSIONEKS OF CLAY COUNTY
TO LEVY A SPECIAL TAX FOE CERTAIN PURPOSES.

Objects of taxa-
tion.

Proviso.

Further provisa.

When act to be in
force.

Section 1. The General Asseiiibly of North Carolina do
enact, That the commissioners of Cla}^ county are hereby
empowered to levy a special tax upon all subjects ot taxation
within said county, for the special purpose of defraying the
expenses of building a courthouse in the town of Hayes-
ville, Clay county ; Provided, Said amount of taxes so levied
shall not exceed twenty-five hundred dollars ; And provi-
dedj That not more than one-half of the said tax levied
under authority of this act shall be levied and collected in
tlie year one thousand eight hundred and seventy-one.

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

Eatified the 13th day of February, A. D. 1871.

CHAPTER LXYII.

AN ACT FOR THE BENEFIT OF THE WESTERN NORTH CAROLINA
RAILROAD COMPANY.

SerT'^* ^^^^^' Section 1. The General Assembly of North Carolina do
enact, That the stockholders of the Western North Carolina
Railroad Company (eastern division) may meet in the town
of Salisbury, in the county of Rowan, after thirty days
notice, which notice any three stockholders of said company

How meeting may may give, by publishing the same in a daily newspaper pub-
lished in the city of Raleigh, and in the weekly newspapers
published in the towns of Salisbury, Statesville and Ashe-
ville, and if a quorum of such stockholders and the state's
proxy, representing the stock of the state in said company

1870-'71.— Chapter 67. 129

shall be present at snch meeting, it shall be competent for

the stockholders of the said company for cause satisfactory R«J^«7]^°^*^^^.

to them, to remove the present board of directors, and any cers.

of the officers or agents of said company and elect and

appoint others in their stead ; Provided, however, that the Proviso.

representatives of stock subscribed by contractors who have

not finished up their contracts, be only entitled to vote upon

the amount of stock to which they are entitled on work

actually done, and in the event the said present board of

directors shall be removed, then, and in that case, F. N.

Luckey, A. C. Cowles, Hugh Reynolds, Joseph C. Mills, state directors.

Lock ilcCorkle, C. L. S. Corpening, E. J. Aston and David

Coleman, shall be directors of said company, representing

and in behalf of the state as now provided by law, until the

next annual meeting of the stockholders of said company, and

at the special meeting herein provided for, and until the

next annual meeting, C. A. Henderson shall be the proxy state proxy.

tor the state.

Sec. 2. That hereafter the speaker of the house of rep- state^PJoxy^and^_
resentatives shall, by a paper writing to that effect, appomt pointed hereafter,
the directors and proxy to represent the stock and interest
of the state in said company.

Sec. 3. That if the stockholders of said company shall If'^^^lt^'^^
remove the present board of directors, or any of their certo tonsfcr
officers or agents as provided by this act, and any such
director, officer or agent so removed shall fail or refuse
forthwith to surrender and duly account for all moneys,
bonds, papers, property and effects of every kind of said
company in the possession or control of such director, officer
or agent, such director, officer or agent so failing and re-
fusing shall be deemed guilty of a misdemeanor, and on
conviction in the superior court of the couuty of Catawba,
shall be imprisoned not less than one month nor more than
six months, and fined not less than one hundred dollars, nor
more than five hundred dollars.

Sec. 4. That if any director or officer or agent of said f^^^;^l^l^^^^^^
company shall pay, use or apply, or dispose of in any way "^^^J"" ^^^^^^^^
directly or indirectly, any of the money, bonds, property or of this act.

130 1870-'71.— Chapter 67—68.

effects of said company in the institution or prosecution of
any suit or other legal proceedings to delay, affect or defeat
the provisions ot tliis act, such director, officer or agent bo
offending, shall be deemed guilty of embezzlement, and on
conviction m the superior court of Catawba county, shall be
imprisoned not less than six months nor more than twelve
months, and fined not less than one hundred dollars nor
more than five hundred dollars.

TreaSrer.""*^ ^^^- ^- ^liat the president and treasurer elected by said

board of directors shall give bond and sufficient security to-
be adjudged by the board of directors, two-thirds concurrini<;,.
and that at no time shall the treasurer deliver to the presi-
dent more than one hundred thousand dollars in mortgage
or other bonds, until the same be disposed of to aid in the
completion of the road.

Depot, near Ashe- Sec. 6. That the depot near Asheville shall be located
within the corporate limits of said town if practicable.

When act to be in Sec. 7. That this act shall be in force from and after its
ratificalion. .i\n

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

CHAPTER LXVIII.

AN ACT AUTHORIZING THE GOVERNOR TO OFFER A REW^VKD
FOR THE ARREST OF HENRY B. LOWEKY AND OTHERS.

Preamble. WiiEREAs, til is general assembly has reliable information.,

of the existence of a band of outlaws and desperadoes in
Robeson county who have committed murder and other out-
rages upon the peaceful and law-abiding citizens of Robeson
and the adjoining counties ; and whereas, the said band ot :
outlaws and desperadoes have openly defied the civil author-.,
ities of this state, and have evaded and so concealed them-;o
selves that the usual process of law cannot be served upon
them ; and whereas, the judicial officers of Robeson county

18T0-'71.— Chapter 68—69. 131

5vave, bj public proclamation, made in pursuance of chapter
«ixty-two, laws of one thousand eight hundred and sixty-five
-and one thousand eight hundred and sixty-six, required said
outlaws forthwith to surrender themselves, which proclama-
tion has been disregarded and defied.

Resolved, That his excellency Governor Tod E. Caldwell, ^^^,X' **'''^"'
be and he is hereby authorized and empowered by public
proclamation, to ofter a reward of two thousand ($2,000)
dollars for the arrest and delivery, dead or alive, of the body
of Henry B. LoM-ery, to the proper authorities of the state,
and a reward of one thousand dollars for the delivery of each
of the bodies, dead or alive, of Boss Strong, Stephen Lowery,
Thomas Lowery, Henderson Oxendine and George Apple-
white, to the proper authorities of this state ; Provided,
That this act shall only apply to such ot said persons as have
been or may hereafter be regularly outlawed by due course
of law.

Resolved further. That any and all rewards heretofore Previous offers of
•^ ' •' /. 1 i_ reward revoked,

offered for the arrest and delivery of all or any of the above

named parties by the governor of this state are hereby re-
voked.

Resolved, That this act shall take effect from and after its
ratification.

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

CHAPTEE LXIX.

AN ACT TO CHABTEB THK TENNESSEE RIVER TURNPIKE COMPANY.

Section 1. The General AssemUy of North Corolina do CorporaUre,
etWAit, That J. J. Calhoun, A. B. Welch, Pendleton Crisp,
Benson Cook and Phillip Calhoun, or a majority of them,
are hereby appointed commissioners, and authorized and
empowered by themselves, and under the directions of such SuUcriptlons to
agents as they may select, to open books for subscription of

132 1870-71.— Chapter 69.

Shares. stock, in shares of twenty dollars each, to build a turnpike

Location of road. yoaS. from the first ford on the Tuckaseegee river above its

mouth, down the Tennessee ri\er to Stephen Whi taker's

road near Rocky Point, in Macon county.

Organization of gj^^ 2. That as soon as the sum of one thousand dollars

company.

shall have been subscribed, the said commissioners or a
majority of them, shall, by public notice of ten days, notify
the stockholders to meet at some convenient point on the
line of said road to organize the company, and as soon as
convenient to commence work.

^^^^- Sec. 3. That the company when formed, shall have the

right to use the old turnpike road, or so much of it as they
may desire, and at no place shall the road have a steeper
grade than one loot in twelve, or a less width than twelve
ieet.

Corporate name. g^,^^ 4^ ^j^^^. ^^^ company when tormed shall have a

corporate existence, under the name ♦nd style of the Ten-
nessee Kiver Turnpike Company for the term of twenty
years, and that in the organization of the company and the
Proportion of transaction of its business, each stockholder shall have as
many votes as he has shares ol stock in said company.

Commissioners to Sec. 5. That when said road shall have been completed

examine road. , .. /.-nr in .11.

the commissioners 01 Macon county shall appoint three dis-
creet persons as commissioners to examine said road, and
upon the certificate of said commissioners that the road has
been completed according to the provisions of this act, the

Toll gate. company shall have the right to erect a toll gate at some

point on the road, which they may move at will, and shall
have the right to establish and collect tolls from all persons
travelling over said road with the following exceptions, viz :

Exemption Irom first, all persons living in Welch's township, subject by law
to work on said road, and their families ; secondly, any per-
son going to or returning from church, or going to or return-
ing from a public mill ; Provided, That nothing in this
section shall be construed to relieve or release any person,
subject by law, from performing six days labor annually on
said road, under such overseer or overseers as may be
appointed by the commissioners of Macon county.

1870-'71.— Chapter G9— 70. 133

Sec. 6. Tlie company shall have the right to collect the R^tes of toil,
following tolls, viz : for two horse carriage or peddlers
wagon, one dollar; for one horse carriage or buggy, fifty
cents ; for six horse wagon, seventy cents ; lor five horse
wagon, sixt}' cents; for fonr horse wagon, fifty cents; for
three horse wagon, forty cents ; for two horse wagon, thirty
cents ; tor one horee wagon or- cart, twenty-five cents ; for
each horse or nude with rider, ten cents ; for each horse,
mule or ass without rider, five cents ; for each head of cattle,
two cents.

Sec. 7. That any person passing over said road who shall Penalty for non-
fail or refuse to pay the toll prescribed by law, shall be sub-
ject to a penalty of five dollars, which may be sued for in
the name of the company and recovered before any acting
justice of the peace ; Provided, That the company shall, at Proviso,
all times when demanding and collecting tolls, be required to
keep said road in about such condition as when examined
by the commissioners authorized by the fifth section of this
act.

Sec. 8. That this act shall be in force from the date of its When act to be
^.^ ^, in force,

ratmcation.

Ratified the 15th day of February, A. D. 1871.

CHAPTER LXX.

AN ACT IN RELATION TO THE PUBLIC LIBRARY. ]

Section 1. The General AssemUy of North Carolina do Trustees of Li-

brary. i

ernaci, Tiiat the governor and judges of the supreme court, \

and their respective successors in office, are appointed trus- I

tees of tlie state library, and all moneys appropriated for its \

increase shall be laid out under their direction and supervis- 1

ion. The judges of the supreme court in the absence of the '

governor, or the governor and ajiy of the judges in the ab- i

Rence of the others shah be a quorum with all the authority

134

187^71.— Chapter 70.

Rules and regula-
tions far Library.

Librarian elected
biennially.

Salary.

Vacancy.

Library hours.

Libraries of Sen-
ate and House of
Representatives.

Supreme Court
Library.

Wlien act to be
in force.

vested in said trustees. The trustees may make such rules
and regulations in regard to the library and the use of the
books as they may deem best. That a librarian shall be
biennially elected by the joint vote of the two houses of tho
general assembly at a salary not exceeding five hundred dol-
lars a year, who shall give bond with security in such sum
as the governor may determine, payable to the state of North
Carolina, conditioned for the safe keeping of the books and
the faithful discharge of his duties, and shall hold his place
until his successor shall be elected and qualified ; Provided^
however, That in case the ofiice ot librarian shall become
vacant otherwise than by the expiration of the term, the
governor is authorized to appoint some switable person to
discharge the duties thereof until the next succeeding session
of the general assembly.

Sec. 2. The library shall be kept opea on all days, Sun-
days and holidays excepted, from nine a. m. to twelve m.
except during the sitting oi the general assembly and terms
of the supreme court when the library shall be kept open in
addition to the above stated time, from two p. m. until five
p. m,; that the librarian shall also keep the libraries in the
senate chamber and house of representatives locked except
during the sessions of the general assembly.

Sec. 3. That it shall be the duty oi the clerk of the su-
preme court to take charge of the law library of the supreme
court, under such rules and regulations as the justices ot
said court may prescribe.

Sec. 4. That this act shall be in force from and after its
ratification.

Ratified the 15th day of February, A. D. 1871.

1870-'71.— CnAFPER 71. 135

CHAPTER LXXI.

AN ACT TO AUTHORIZE THE COinilSSIONERS OF ONSLOW COUNTY
TO ADJUST THE TAX LISTS NOW IN THE HANDS OF THE
SHERIFF.

Section 1. The General Asseiiihly of Nm'tli Carolina do
enact, That the commissioners of Onslow county are hereby commUsioncrs to
authorized to hear complaints ot tax payers in regard to the ^ear complaints,
valuations of their land or other cause of complaints, and
to act upon such complaints in the same manner, in every
respect as they are required to do by law at the June meet
ing of the board.

Sec. 2. That no complaint shall be heard under this act whatcompiwnts
unless the complainant shall set forth in writing the cause of °"*y ^^ heard,
his complaint and the cause of his failure to apply to the
board at the time prescribed by law, such complaint to be
sworn to by the complainant or his authorized agent.

Sec. 3. That whenever the county commissioners shall Alterations in tax
make an alteration in the tax lists, the same shall be certi-
tified by the clerk of the board to the sheriff of the county,
and the sheriff shall be governed by the same, and shall be
allowed for it in his settlement with the auditor.

Sec. 4. That in all cases when appeals have been taken Where judgmcDta
imder section seventeen, of chapter two hundred and twenty- dered.
five of the acts of one thousand eight hundred and sixtj'-nine
and one thousand eight hundred and seventy, and judgment
rendered for five per cent, in addition to the tax, the said
sum may be refunded by the board upon the payment of
tlie costs by the party.

Spx. 5. That the operation of this act shall be confined to Limitation of ttiis
the county of Onslow, and shall expire at the end of forty ^*"
•days from the ratification of this act

Sec. 6. That there shall be the same right of appeal under night of appeal,
this act as is now given by law.

Sec. 7. That this act shall be in force from and after its -wiien act to be ia
ratification. . . *°*"*^®-

Ratified the 15t^i day of February, A. D. 1871.
7

136

1870-'71.— Chapter 72.

CHAPTER LXXII.

AN ACT TO COMPEL THE PRESIDENT AND DIRECTORS OF THE
SEVERAL KAIL ROADS IN THIS STATE TO ACCOUNT WITH THEIR
SUCCESSORS IN OFFICE FOR THE PROPERTY AND EFFECTS OF
SAID COMPANIES.

OflSeers of rail-
roads to account
to their succes-
sors.

Penalty for re-
fusal or failure.

Governor may
make requisition
upon other States.

Penalty for delay-
ing or defeating
the execution of
this act.

To whom pro-
visions of this act
are applicable.

Section 1. The General Assembly of North Carolina do
enact. That the president and directors of the several rail-
roads of this state, and all persons acting under tliem, are
hereby required upon demand to account with the president
and directors elected or appointed to succeed them, and
shall transfer to them forthwith all the money, books, papei*s,
choses in action, property and effects of every kind and de-
scription belonging to such company, and that a refusal or
failure to account for and transter all the money, books,
papers chosen in action, property and effects, as herein re-
quired, shall be deemed a misdemeanor, and upon conviction
in any superior court of this state, shall be punished by
imprisonment in the penitentiary of this state for not less
than one nor more than five years, and by fine at the discre-
tion of the court.

Sec. 2. That the governor of this state be and he is
hereby authorized, at the request of the president, directors
or other oflScer of any railroad company, to make requisi-
tion upon the governor of any other state for the apprehen-
sion of any such president failing to comply with the
provisions of the first section of this act.

Sec. 3. That all persons conspiring with any such pres-
ident, directors or their agents to defeat, delay or hinder the
execution of this act, shall be deemed guilty of a misde-
meanor, and on conviction in any superior court of this
state, shall be subject to the penalties provided in the firet
section of this act.

Seo. 4. The provisions of this act shall apply to all presi-
dents and directors and their agents, who have not settled

1S70-'T1.— Chapter 72—73. 137 ]

in full with their successors in office prior to the ratification '

ot this act. j

Sec. 5. This act shall he in force from and after its Whcu act to bcjn i

force,
ratification. I

Ratified the 16th day of February, A. D. 1871. ^

CHAPTER LXXIII. i

AN ACT FOR THE RELIEF OF G. B. THREADGILL ANT) J. L. MOORE, \

FORMER SHERIFFS OF ANSON AND MACGN COUNTIES. ^

Sectii^n 1. The General Assembly of North Carolina do May collect ar
enact, That Gideon B. Threadgill former sheriff ot Anson '' * i
county and J. L. Moore of Macon county, have full power I
and authority until January first, one thousand eight hun-
dred and seventy-two, to collect tlie arrearages of taxes due
him for the years one thousand eight hundred and sixty-
six and one thousand eight hundred and sixty-seven. j

Sec 2. That if any persons shall make affidavit before persous may make j

any justice of the peace in and for said county that he or ^ave'paid taxes.*^ I

she lias paid the said taxes, or believes the same to have been ;
paid for the years one thousand eight hundred and sixty-sLx

or one thousand eight hundred and sixty-seven, the same ;

shall be a bar to the collection of the same ; Provided^ The Proviso. \

representatives of estates of deceased persons shall not be 1
compelled to pay such arrears of taxes.

Sec. 3. That this act shall be in force from and after its When act to be in '

ratification. ' I

Ratified the 16th day of February, A. I). 1871. j

138

1870-'71.— Chapter Y4— 75.

CHAPTER LXXIY.

AN ACT TO MAKE A FAILURE TO WORK ON PUBLIC ROADS A
MISDEMEANOR.

foTKS? ^"^^'^^^ ^- ^^'' ^'''''''^ Assemlly of North Carolina do

roa^s. enact, That if any person liable under existing laws, to work

upon the public roads, shall wilfully refuse to work upon
said roads, after being legally summoned for that purpose,
or if said person or persons so liable to work as aforesaid
shall attend at the place and time designated in the notice
or summon from the overseer, and wilfully refuse or neglect
to work on said road, the person or persons so offending
shall, for every such offence, be deemed guilty of [a misde^
meaner, and upon conviction before a justice of the peace,
shall be fined not less than two nor more than five dollars ;

Proviso. Provided, however, That this act shall not be construed to

effect any person liable to work as aforesaid, who shall
furnish a good hand to work in his stead, or who for each
day notified to attend, shall pay to the overseer the sum of
one dollar, to be expended for labor on the road.

When act to be in Sec. 2. This act shall be in force from and after its rati-
iication.
Eatified the 16th day of February, A. D. 1871.

CHAPTEE LXXV.

AN ACT MAKING THE SOUTH YADKIN RIVER IN THE COUNTIES
OF ROWAN AND DAVIE A LAWFUL FENCE.

South Yadkin SECTION 1. The General Assembly of If(/rth Carolina da

S'fe^ce!"^^'''" ^^^^» That the South Yadkin river in the counties of

Eowan and Davie, shall be regarded as a lawful fence from

1870-71.— Chapter 75— T(>— 77. 13a

Peter "W. Harston's mill dam to the mouth of Beaver Dam

branch in Rowan county.

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

iorce.

cation.

Ratified the 17th day of February, A. D. 1871.

CHAPTER LXXYI.

AN ACT IN KELATION TO VACANCIES OCCUKKING IN COUNTY

OFFICES.

Section 1, 27ie General Assemlly of North Carolina do Repeal.

enact, That the proviso to section one of an act to provide

for filling vacancies occurring in the ofKces provided for in

article seven of the constitution of North Carolina, ratified

the twenty-seventh day of Jul}'-, one thousand eight hundred

and sixty-eight, be and the same is hereby repealed, and any

vacancy which now exists or may hereafter occur in any Vacancies, iiow

board of county commissioners shall be filled by a majority

of said board.

Sec 2. This act shall be in force from and after its rati- w^ieo act t« be in
(. ,. force,

iication.

Ratified tlie ITth day of February, A. D. 1871.

CHAPTER LXXVII.

AN ACT KELATIVE TO BALE OF EANI) BY THE COMMISSIONERS
OF TirE TOWN <^)F MAKION, IN m'dOWEIJ. (X^UNTY.

Section 1. TJie General AssemUy of North Carolina do preamble.
enact, That whereas, J. H. Gilkey and others were com-
missioners of the town of Marion, in the year one thousand

1870-71.— Chapter 77—78.

Title of Joseph d.
Neal made valid.

Title of M. M.
Teague.

When act to be in
force.

eiglit hundred and sixty-nine ; that during said year the said
commissioners did advertize and sell a portion of Logan
street ; that at such sale Joseph G. Neal became the last and
highest bidder, and upon the payment of the amount bid,
the said J. H. Gilkey and others proceeded to execute and
deliver a deed tor the same ; and as same doubt has arisen
as to power of vendors to execute good title, it is enacted
by the general assembly ; that this sale be made valid, and
that the said Joseph G. Neal hold the same according to
bounds set forth in said deed of conveyance from said J. H.
Gillvey and others, against all party or parties whatever,
county or counties, and even the state of North Carolina.
The title made to M. M. Teague for a part of Henderson
street be included in the provisions of this act.

Sec. 2. That this act shall be in force from and after its
ratification.

Katified the 17th day of February, A. D. 1871.

CHAPTER LXXVIII.

AN ACT TO AUTHORIZE THE CONSTRUCTION OF A TOLL BRIDGE
ACROSS THE TADKIN RIVER AT OR NEAR ELKIN.

CoiTJorators.t

Location of
Ijridge.

Section 1. The General Assembly of North Carolina do
enact, That R. R. Gwyn, R. W. Ford, William H. Rea\ds
and such other persons as they may associate with them and
their successors, be and they are hereby constituted a body
politic with corporate privileges under the name and style
of " the Elkin and Jonesville Bridge Company," and in
that name to have succession, sue and be sued, plead and be
empleaded, and to make such rules and regulations as they
may deem necessary for the construction of and keeping up
a public bridge across the Yadkin river at or near the ford
of said river between Jonesville in Yadkin county, and
Elkin in Surry county.

1870- 71.— Chapter 78—79. Ul

Sec. 2. That the amount of tolls to be charged and ro- Rates of toll,
ceived by the said " Elkin and Jonesville Bridge Company,"
shall be determined by the board of county commissioners
of Surry county, whose duty it shall be to establish the rate
of tolls to be charged for crossing said bridge, and cause the
same to be entered on record.

Sec. 3. That if any person or persons after the comple- Fine for njopay-
tion of the said bridge shaU pass over the same and refuse "'^'^^^
to pay the tolls as fixed by law, that every such person or
persons shall forfeit and pay the sum of five doUars, to be
recovered by the said company by warrant before a justice

of the peace.

Sec. 4. That in case of the failure on the part of said owners to k^p
company to keep the said bridge in good repair so that the conSion.^
public may cross in safety, the said owners shall be subject
to indictment in the superior court of Surry county, and be
fined at the discretion at the court.

Sec. 5. That this grant shall continue for the space of Limitation of act.
fifty years.

Sec. 6. That this act shall be in force from and after its ^^g^ act to be in
ratification.

Ratified the 17th day of February, A. D. 1871.

CHAPTER LXXIX.

AN ACT IN FAVOR OF NATHANIEL R. JONES, 8HEBIFF OF WAR-
REN COUNTY.

Section 1. The General Assembly of North Ca/rolina do Ext^nsionof^time
^nact, That Nathaniel E. Jones, sheriff of AVarren county,
be allowed until tlie first day of April, one thousand eight
hundred and seventy-one, to make his final settlement with
the county treasurer of said county for the county taxes,
except the special county taxes levied for the year one thou-
sand eight hundred and seventy.

U^ ' ISrO-'Tl^CnAPTEK 79—80.

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

cation.

Eatified the 17th day of Februaiy, A. D. 1871.

CHAPTEE LXXX.

AN ACT IN RELATION TO THE CAPITOL SQUAEE AND PUBLIC'
GKOUNDS IN THE CITY OF KALEIGH, AND EOK OTHER PUR-^

POSES.

Amount appro- SECTION 1. The General Assembly of North Carolina do

^"* ■ enact, That a sum not exceeding six hundred dollars be and

the same is hereby 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 Ealeigh.

All accounts for Sec. 2. 1^0 account for work or labor done on the capitol

^a or e sworn g^^^g^j.^ ^j. pu"i3iic grounds in the city of Ealeigh, 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 aforesaid, shall be audited or paid,

until the same is sworn to before the secretary of state, to

Secretary of State ^^ J^^^^ ^^^ ^^^^®' ^^^ ®^ certified by that officer. Nor shall

to certify account i]^q secretary of state certify the account of any lal.)orer lor
only of persons -^ -^ _ ...

employed by the work done or services rendered in any of said buildiuo-s or
Keeper of the Cap- n . . -, i--, \ i-,

itol. on any oi said grounds, unless it be made to appear that said

laborer or employee has been employed by the keeper of the
capitol.
All accounts for ^^*^' ^- -^^ 'account for wood, or fuel or for coal shall be
fuel to be sworn audited or paid until the claimant make oath as above, that
the account is just and true, and that the number of cords of
woods, or tons of coal charged for, have been delivered
within the enclosure of the capitol square.

18T0-'T1.— CiiAFfFai SCV^Sl. 14*

SrEc. 4. All laws and parts of laws in conflict with tins Repealing clause.

act be and and the same are hereby repealed.

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

lorce.
cation.

Ratified the 18th da}' of Febrnarj, A. D. ISTl.

CHAPTER LXXXI.

AN ACT IN RELATION TO SALAKIES AND FEES OF STATE
OFFICERS.

Section 1. The Geiural Asseinbly of JVorfh Cardlna do salaries.
enact, That the followinc: salaries and fees shall be estal)-
lished for the officers herein named : The fjovernor t;hall be „

^ Private Secretary

allowed a private secretary at a salarj^ of seven hundred and of the Governor,
fifty dollars per year, who may receive the fees of said office
as prescribed in section twelve, chapter one hundred and
two, revised code, and no others.

Sec. 2. The treasurer shall be allowed a chief clerk with ciiief cicrk of
a salary of fifteen hundred dollars per year. He shall also
be allowed an a-.sistant clerk with an annual salary of seven Assistant Clerk.
liundred and filty dollars.

Sec. 3. The secretary of state shall have an annual salary secretary of state.
of one thousand dollars. lie shall be entitled to the fees of
his office as prescribed in section thirteen, chapter one hun-
dred and two of the revised code, and no others. He shall cicrk of Secretary
also be allowed one clerk with aii annual salary of one thou- ^^''^^^'
sand dollaj-s.

Sec. 4. The annual salary of the auditor shall Ije twelve Amiitor.
hundred and filty dollar*. He shall be allowed one clerk
at nine hundred dollars. He shall also be allowed the ices Auditor's cierk
of liis office as pj-escribed by law.

Sec. 5. The annual salary of the superintendent of public y„peniitencient of
works shall be three hundred dollars. He shall not be i'"''^''^ "^"^ovk^-

1870-71.— Chapter 81,

Siiperiutcnclcnt of
Public lustruc-
tioii.

Attorne}- (ieueral.

Adjutant (General.

Keportei- for
in-eme Court,

Su-

Saliiries payable
quarterly.

Solioitoi'5.

Kei^ealing clause.

allowed any sum for travelling expenses, or clerical assis-
tance.

Sec. 6. The annual salary of the sujjerintendent of public
instruction shall be fifteen hundred dollars; but he shall not
be allowed any sum for travelling expenses, nor shall he be
allowed to appoint any assistant, neither shall any other
person make any such appointment, the appointee to be
paid out of the treasury or educational fund.

Sec. 7. The annual salary of the attorney general shall
be fifteen hundred dollars, and allowance for attendance on
the supreme court, and the fees as prescribed by law.

Sec. 8. The salary ot the adjutant general shall be three
hundred dollars per annum. He shall not be allowed any
travelling or other expenses, or any clerical assistance at the
expense of the state.

Sec. 9. The reporter of the decisions of the supreme court
shall receive the same pay and have the same rights as are
given by section six, chapter one hundred and two of the
revised code. lie shall receive no other or further remu-
neration.

Sec. 10. All annual salaries allowed by this act sliall be
paid quarterly, out of any money in the treasury not other-
wise appropriated.

Sec. 11. The solicitors of the several judicial districts shall
receive twenty dollars for each term of the superior court
the}' shall attend, to be paid by the public treasurer upon a
certificate of such attendance from the clerk of the court,
and the fees as prescribed in section thirteen, chapter one
hundred and two of the revised code, and no others.

Sec. 12. That an act entitled "an act in relation to sala-
ries and fees," ratified August twenty-second, one thousand
eight hundred and sixty-eight, except so much of section
six of said act as fixes the annual salaries of the superior
court judges, and section seven of the same act in relation
to the certificates of judges, and all laws and parts ol laws
in conflict with this act, or giving or allowing any other
compensation to officers named in this act, be and the same
are hereby repealed.

1S70-'71.— Chaptee 81—82. 145

Sec. 13. That this act be in force from its ratification. When act to take

enect.

That all sums received for the month of January shall be Deductions,
deducted from the salary for the present year.
Katified the ISth day of February, A. D. 1871.

CHAPTER LXXXII.

AN ACT TO PKOVIDE FOR THE PAYMENT OF THE NECESSARY
EXPENSES, ON REQUISITIONS OF THE GOVERNOR, FOR FUGI-
TIVES FROil .IU6TICE IN OTHER STATES.

Section 1. TJie General Assemlly of North Carolina do Expyuscs of re-

•^ •' eeiviug or arrest-

enacL That in all cases where the governor of the state has ing fugitives from

... /. T p justice to l)c paid.

made a requisition on the governor oi another state lor any
fugitive from justice and has sent an agent to receive said
fugitive, it shall be lawful for the governor to issue a warrant
on the public treasurer for the amount of money necessary
to pa}' the expenses of said agent and other costs in the
arresting of said fugitives from justice, to be paid by the
public treasurer of the state.

Sec. 2. That the first section of this act shall aj)p]y to all FurtiierappUca-

i . , . .,. , , , , , , tion of this act.

cases in whicJi requisitions have been made and agents sent,

and failed to obtain the fugitive because of the refusal of the

governor of any state to give up such fugitive from justice.

Sec. 3. This act shall be in force from and after the date When act to be in
^ . .f, . force.

o\ its latmcation.

Eatified the 18th day of February, A. D. 1871.

146 18^-'ri.— Chapter 83— S4.

CHAPTEE LXXXIIL

AJ^ ACT TO AUTHORIZE THE PUBLIC TREASURER TO PAY MONET
TO ERECT THE PENITENTIARY.

Appropriation for SECTION 1. The Genei'ol Assembly of North Carolina do
Penitentiary. enact, That the public treasurer, on the warrant of the gov-
ernor, is hereby authorized and directed to pay to the chair-
man of the commission to erect a penitentiary, a sum out of
the treasury not exceeding fifteen thousand dollars, to be
applied to the payment of claims due Coleman Brothere for
work done under their contract tor stone work done to the
penitentiary.
Governor to issue ^Ec. 2. That the governor be and is hereby authorized to
warrant. ^gg^^g g^^^,|^ Warrant without requiring the said commission to

give security to their bond for the feithfal appropriation ot '
the money as provided in the first section of this act.

When act to be in Sec. 3. This act shall be in force from and after its ratifi-
f orce.

cation.

Eatified the 21st day of February, A. D. 1S71.

CIIAETEE LXXXIY.

AN ACT DECLARATORY OF THE MEANING OF SECTION TIIIRTY-
FOUR, CHAPTER TV>'0 HUNDRED AND TWENTY FIVE OF THE
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE
AND ONE THOUSAND EIGHT HUNDRED AND SEVENTY, AND
FOR OTHER PURPOSES.

Meaning of see. SECTION 1. Tke General AssemUy of North Carolina do

34^^chap. 2^iaws ^^^^^^^^ j^ jg declared to be the true intent and meaning of

section thirty-four, chapter two hundred and twenty-five, of

the act of the general assembly of Xorth Carolina, entitled

" an act to provide for the collection of taxes by the state and

ISTO-'Tl.—CiiAPTER 84—85. 147

"by the several counties of the state on property, polls and
income," ratified March twenty-eight, one thousand eight
hundred and seventy, that the judgment therein authorized
should be against the delinquent sherifl: and his sureties to
his official bond ; and all judgments taken against delinquent
sheriffs and their sureties by virtue of the provisions of said
section are declared to be valid.

Sec. 2. If from any cause judgment shall not be moved for where judgement
at the first term after the taxes shall be payable into the treas- j^^oy"^^ ^^'^^^
ury against the dehnquent sheriff' and his sureties, the motion
may be made and judgment had at any subsequent term,
and as if tlie motion had been made at said first term and
regularly continued ; Provided^ That nothing herein con-
tained shall be construed to relieve any officers from their
respective duties as required by the aforesaid thirty-fourth
section.

Sec. 3. This act shall be in force from its ratification. When act to be in

Ratified the 21st day of February, A. D. 1871. *'*'■*'*•

ded.

CHAPTEE LXXXY.

AN ACT TO AMEND AN ACT ENTFILED AN ACT RELATIVE TO
THE WESTERN TURNPIKE ROAD, LEADING FROM ASIIEVILLE
WESTWARD.

Section 1. TJie General Assemhlp of North Corolina do Act of 1869 amen-
enact^ That section eight of an act entitled an act relative to
the Western Turnpike road leading from Asheville westward
to Murphy, and thence by separate routes to tlie Georgia and
Tennessee lines, passed at the session of one thousand eight
hundred and sixty-eight and one thousand eight hundred and
fiixty-nine, and ratified seventeenth March, one thousand
eight hundred and sixty-nine, be amended by inserting in
line tliree of said section after the word " Macon," the word
^^ Haywood," and the section shall be furtlier amended by
adding at the end of said section the words, " and also to the

148 1S70-'71.— Chaptek 85—86.

payment of any claims for work done on said road in the

county of Haywood before the transfer of the control of said

road from the state to the commissioners of the several

counties through which the road passes.

When act to take Sec. 2. That this act shall take effect and be in force
effect.

from and after its ratification.

Eatificd the 22d day of February, A. D. 1871.

CHAPTER LXXXVI.

AN ACT T(^ KESTORE AND REINSTATE REGOKDS OF THE SEV-
ERAL COURTS IN THE STATE DESTROYED BY FIRE AND OTHER-
WISE DURING THE LATE WAR.

Preami)k'. Whereas, in several counties of the state the records of

the several courts of law and equity were destroyed by the
burning of the courthouse and by other causes during
the late war; and whereas, a large number of the titles to
real estate in the state depended and are founded upon the
decrees, orders, judgments and other records of the several
courts of equity and courts of law of the counties wherein
the same have been destroyed as before mentioned, which
said records, decrees, orders, judgments, &c., it is impossible
from lapse of time, the death or removal from the state of
the parties thereto, and from other causes, to completely and
perfectly reinstate and restore as now provided by law ;
therefore, to restore and reinstate said records,

Section 1. The General Assembly of North Ca/rolina do
enact, That the recitals, reference to, or mention of any de-
cree, order, judgment or other record of any court of record
of any county in which the courthouse, or records of said
courts, or both, have been destroyed by fire or otherwise,
Written evidence Contained, recited or set forth in any deed of conveyance,
May^ist^ im, to paper, writing or other honafide written evidence of title,
dent tuTe*!*^ ^^^^' executed prior to the first day of May, one thousand eight

1870-'n.— Chapter 86—87. 14i)

hundred and sixty-live, by any clerk and master, superior j

conrt clerk, connty court clerk, slierili or other officer, or \

commissioners appointed by either of said courts, and i

authorized by law to execute said deed or other paper j

writing, shall be deemed, taken and recognized as true

in fact, and shall be priina foAyie evidence of the existence,

validity and binding force of said decree, order, judgment

or other record so referred to or recited in said deed or j

paper vrriting, and shall be to all intents and purposes bind- \

ing and valid against all persons mentioned or described in

said instrument of writing, deed, &c., as purporting to be \

parties thereto, and against all persons who were parties to i

said decree, judgment, order or other record so referred to ]

or recited, and against all persons claiming by, through or !

under them or either of them. >

Sec. 2. That said deed of conveyance, or other paper Deeds of convey- '

writing, executed as aforesaid, and registered according to ceh^ed'asln'f- J

law, shall be allowed to be read in any suit now pending or ^^^^^- ^

which may hereafter be instituted in any court of this state, |

2& jprima facie evidence of the existence and validity of the i
decree, judgment, order or other record upon which the

same purports to be founded, without any other or further \
restoration or reinstatement of said decree, order, judgment

or record than is contained in the provisions of this act. ]

Sec. 3. Tliat this act shall be in force from and after its When aui to be in
ratification.

Katified the 22d day of February, A. D. 1871.

CHAPTER LXXXYII.

AN ACT TO LEGALIZE TUE ACTS OF THE JCSTICE-J 0¥ TUP:
PEACE OF BRUNSWICK COUNTY.

Whereas, the j ustices of the peace of the county of Bruns- preamble. !

wick, elected in August, one thousand eight hundred and
Bixty-nine, and those appointed to fill vacancies that have

150 ISTO- 71.— Chaptek 87— SS.

occurred since said election, lailed to qualify in accordance
with the provisions of section five hundred and forty-six,
code of civil procedure, but under a misappreliension quali-
lied before the board of county commissioners, and have,
since their supposed qualification, exercised the functions of
their office, and doubts having arisen as to the legality of
their acts.
Acts of justices SECTION 1. The General Assemhly of North Carolina
" ' do enact, That the acts of said justices of tlie peace are
hereby declared legal, except so far as their acts are con-
cerned that would not have been in conformity to the law,
had they qualified in accordance with the provisions of the
code of civil procedure.

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

cation.

Katified the 23d day of February, A. D. 1871.

CHAPTEE LXXXYIII.

AN ACT TO AMEND AN ACT ENTITLED AN ACT ACT TO INCOE-
PORATE the ATLANTIC, TENNESSEE AND OHIO RAILROAD
COMPANY.

Amendment to SECTION 1. The General Assemhhj of North Ccrolina do
ia55. ^ ' enact, That an act entitled an act to incorporate the Atlantic,

Tennessee and Ohio Railroad company, ratified on the fif-
teenth day of February, one thousand eight hundred and
fifty-five, be and the same hereby amended, by striking
out the word "six" in the sixth line of the forty-first section
thereof, and inserting in lieu thereof the word " eight," and
by striking out all after the word "per annum," in the
seventh line of said section down to the word "and" in the
eighth line.

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

cation.

Eatified the 23d day of February, A. D. 1871.

1870-'71.— Chaptek S9. 151

CIIAPTEIl LXXXIX.

AN ACT DEFINING THE AUTHORITY OF TAX COI-LECTORS.

"Whereas, difiiculties have arisen relative to the true Preamble,
intent and meaning of the act of one thousand eight hun-
dred and sixty-eight and one thousand eight hundred and
sixty-nine, chapter two hundred and forty-five, authorizing
the appointnient in certain cases of tax collectors, for remedy
whereof, therefore,

Section 1. The General AssemUy of North Carolina do J^^ctors^ ^""^
enact^ That tlie true intent and meaning of tlie act of one
thousand eiglit hundred and sixty-eight and one thousand
eight hundred and sixty-nine, chapter two hundred and
forty live, is this, that any tax collector appointed or elected
according to the provisions and requirements of said act
shall have all the rights, powers and privileges, and shall be
subject to all the pains and penalties and obligations of
sheriffs with reference to the issuing of licenses, collecting
and disbursing and accounting tor all the state and count}'-
taxes for the county in which ho is appointed, and such tax
collector shall have power and authority to collect all the state
and county taxes ot every kind and character whatever, due
or that may become due from the citizens of the county in
which any such tax collector is appointed, which office shall
continue until the first day of April immediately succeeding
the year in which any tax collector was or may be appointed
or elected.

Sec. 2. That if any sheriff or other person during the Penalty foj' iuiei-

•^ _ ^ " rercncc with col-

period as aforesaid, for which any tax collector has been or lector by shcriti.

may be hereafter appointed or elected shall collect, demand,

(or in any maimer interfere in the collection of) tlie taxes of

any kind whatever, it shall be deemed a misdemeanor, and

any person so offending shall be liable to indictment therefor,

and on conviction, shall be fined by the court before whom

the case is tried, not less than two hundred nor more than

one thousand dollars, according to tlie circumstances of each

case.

152

1870-'71.— Chaptek 89—90.

K^cofEor ^^^' ^- ^^^^ ^^y ^^^ collector who shall be interfered

'"'ho may be inter- -^yith or interrupted by any person in the collection of taxes
after such tax collector shall have given bond and been
appointed or elected according to law, may have a remedy
in addition to any other now provided, by injunction, to
restrain any sheriff or other person claiming the right to col-
lect the taxes as aforesaid.

When act to be in Sec. 4. That this act shall be in force from its ratification.

^''''"'' Katified the 2tl:th day of February, A. D. 1871.

CHAPTEE XC

AN ACT TO PKOHIBIT JUSTICES OF THE PEACE FKOM PKAC-
TISING AS ATTORNEYS AT LAW IN CEETAIN CASES.

Justices of tlie
peace not to prac-
tice as attorneys
in certain cases.

When act to take
effect.

Section 1. 2'hs Genei'ol AssemNy of Nwih Carolina do
enact^ That it shall not be lawful for a justice of the peace
to practice law as an attorney in any of the judicial courts
held for the county wherein he holds the office of justice of
the peace. And any person offending against the provis-
ions of this act shall, upon conviction, be fined at the discre-
tion of the court not less than two hundred dollars, and be
removed by judgment of the court from the office of justice
of the peace.

Sec. 2. This act shall take effect from its ratification.

Eatified the 24th day of February, A. D. 1871.

1870-'71.— Chapter 91—92. 153

CHAP TEE XCI.

AN ACl^ Tt) AUTIIOKIZE ROBEET M. STAFFORD, SHERIFF OF GUIL-
FORD COUNTY TO COLLECT ARREARS OF TAXES.

Section 1. The General Assembly of North Ca/rolina do May collect ar-

rGflrs of t^xcs

enadj That Robert M. Stafford, sheriff of Guilford county,
be and he is hereby authorized and empowered to collect
all arrears of taxes due him for the year one thousand eight
hundred and sixty-seven, one thousand eight hundred and
sixty-eight and one thousand eight hundred and sixty-nine,
under the same rules and restrictions as other collectors of
taxes by virtue of the laws of the state ; Provided, That no Proviso.
person shall be compelled to pay such taxes, who makes oath
that he or she hath paid the same ; Provided further, That
the repi-esentatives of deceased persons shall not be required
to pay arrears of taxes.

Sec. 2. That the power and authority hereby granted
shall cease and determine with the year one thousand eight
hundred and seventy one.

Sec. 3. That this act shall be in force from its ratification. When act to be in
Puitified the 24th day of February, A. D. 1871. ^^"'®-

CHAPTEE XCII.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF ALA-
MANCE AND DAVIDSON TO REVISE THE JURY LISTS OF SAED
COUNTIES.

"Whereas, the commissioners of Alamance and Davidson Preamble,
counties were unable at their regular meeting on the first
Monday of September, one thousand eight hundred and •
seventy to properly revise the jury lists of said^ counties ;
therefore,

154 1870-'71.— Chapter 92—93.

Commissioners SECTION 1. The General Assemlly of North Carolina do

may revise jury •^ •^

lists. enact, That the board of county commissioners for the county

of Alamance and county commissioners of Davidson county,
be and they hereby are autliorized and empowered at their
first meeting to be held in the month of April, anno domini
one thousand eight hundred and seventy-one, to revise the
jury lists of said counties, and said revision so made shall be
as valid and binding as if it had b'^en made at the first meet-
ing held in September, one thousand eiglit hundred and

seventy,
men act to be in gj,^^ 3^ Tj^j^ ^^^ ^j^^^j ^^ ^^^ ^.^^.^^ ^^^^^ ^^^ ^^^^. -^^ j.^^-^.

cation.

Ratified the 24t]i day of February, A. D. 1871.

CHAPTER XCIII.

AN ACT IN RELATION TO BONDS TO BE GIVEN BY ADMINI8
TRATORS EXECUTORS AND COLLECTORS.

Ameudmeuts to Section 1. The General Assembly of North Carolina do
of^CiviiPro- enact, That section four hundred and sixty-eight of the code
cedure. ^^ ^j^j^ procedure, be amended so as to read as follows :

every executor from whom a bond is now required by law,
and everj'^ administrator and collector, before letters are
issued, must give a bond payable to the state, with two or
more sufficient sureties, to be approved by the probate
judge, conditioned that such executor, administrator, or
collector shall taithtully execute the trust reposed in him,
and obe}' all lawiul orders of the probate judge, or other
court touching the administration of the estate committed to
him, tlie penalty of such bond must be at least double the
value of all the personal property of the deceased^ such value
to be ascertained by the probate judge, by the examhiation
on oath of the applicant, or of some other competent person ;
Proviso. Provided, That if the personal property of any decedent

1S70-'71.— Chaptek 93—94. 155

shall be insufficient to pay liis debts, and the charges of ad-
ministration, and it shall become necessary for his executor
or administrator to apply for the sale of real estate lor
assets and the bond previously given is not double the value
ot both the real and personal estate of the deceased, such
executor (if bond is required of him by law) or administrator,
shall, before or at the time of filing his petition for such sale,
give another bond payable and conditioned as the one above
prescribed and with like security, in double the value of the
real estate for the sale of which application shall be made.

Sec. 2. This act shall take effect from and after its rati- Wb^en act to take

fication.

Eatified the 24th day of February, A. D. 1871.

CHAPTEE XCIY.

AN ACT TO ESTABLISH A NEW COUNTY BY THE SAME OF

SWAIN.

Section 1. The General AsmrMy of Ncxrih Cufrolma do B^^Xtl'ofswaii!!'
£nact. That all that part of the counties of Jackson and
Macon, included within the following bounds, to-wit : be-
ginning on the line of the state of Tennessee, where the
Tennessee river crosses said line ; thence up said river to
where the Cherokee county line leaves the same ; thence
with the line of said county to the point at which the road
leading from the waters of Nantahala river to the waters of
Cheowee river across said line ; thence with said road to
within one-fourth mile of Captain N. S. Jarrett's mill nearest
hi£ present residence ; thence crossing Nantahala river on a
straight line to the Shallow ford on Tennessee river; thence
crossmg the said river last named and running with the
diA^ding ridge to the Jackson county line on the top of
Co wee mountain, so as to include the waters of Tabors
creek and Alarka creek in the new county hereby created ;

156 ISTO-'Tl.— Chapter 94—95.

thence with the line of the said county of Jackson to a spur
of the said Cowee mountain and running thence with said
spur to the Tuckasegee river so as to inchide the waters ol
Conley's creek in the county created by this act ; thence
crossing said river on a direct line, and running thence on
the same to the Oconeelufty river to a point opposite the
mouth of Adam's creek ; thence up the last named ri^-er to
the mouth of Soco creek ; thence with the dividing riclge be-
tween said Oconeelufty river and Soco creek and following
said main dividing ridge to the Tennessee line on the top ot
Smoky mountain ; thence with said Tennessee line to the
New oounty ere- beginning ; he and the same is hereby created into a separate
and distinct county, by the name of Swain, with all the
rights, privileges and immunities incident and belonging to
the other counties in this state.

When act to be iu Sec. 2. This act shall be in force from and after its rati-
foroe. x: .•

ri cation.

Ratilied the 24th day of February, A. D. 1871.

CHAPTER XCY.

AN ACT TO mCOKPORATE THE EOAKOKE AND TAR RIVER RAIL-
ROAD COMPANY.

Location of road. SECTION 1. The General AssemUy of North Carolina do
en^ct as follows : For the purpose of constructing a ruili-oad
with one or more tracks, from some point at or near Marga-
rettsville, in the state of North Carolina, to Kinston or Golds-
boro', (as the president and directors may determine,) in
North Carolina, by way ot Tarboro', and to such intermediate
points, and upon such lines as the directors of said road shall

Corporators. determine, Matt. W. Eansom, Peter E. Smith, Walter

Clark, Wm S. Battle, J. B. Coffield, Henry F. Bond, Elias
Carr, Wm A. Blount, Edward Wood, David A. Barnes, J.
M. S. Rogers, Edmund Jacobs, Richard H. Smith, W. R.

1870-71.— CiiAPTEB 95. 157 j

Leggett, Jesse II. Powell, C. B. Killebrew, W. T. Dortch, j

J. C. Jones, W. II. Best and George Grice, their associates, i
successors and assigns, are liereby constituted a body politic

and corporate, under the name and style of " The Koanoke Capital stcx'k. j

and Tar River Railroad Company^" with^a capital stock of j
one million five hundred thousand dollars, with the powers lowers,

and incidents of the Xorth Carolina Railroad Company and ;

other corporations of like nature, created by the laws ol this \
state, such corporate existence to continue for ninety-nine

years. |

Sec. 2. The capital stock of said companj may be created Sui)scription to |

by subscription on the part of individuals, municipal or other j

corporations, in shares of one hundred dollars each, which share*. ^

may be made in land, timber, labor or money, as may be i

stipulated and agreed to by the corpoi-ators aforesaid or the i

directors of the company. \

Sec. 3. Books of subscription may be opened by such cor- Books of sub- j
porators, or by the directors, at such times and places, and ^''"^^ ^""' j
under such rules and regulations as a majority may deter-
mine, j

Seo. -1. When fifty thousand dollars shall be subscribed Geuemi meetiuj? ;
1 . 1 1 f. • 1 T 1 1-1 of stockholders.
to tile capital stock oi said company, by solvent subscribers,

a general meeting of the stockholders shall be held, after ten

days notice by advertisement in the Iioauol'e ^eivs and

Tarhoro' Southerner^ and such meeting, a majority in inter- \

est of the stockholders being present in person or by ])roxy, j

shall elect a bo^rd of directors of not less than five, and said ]

directors shall elect one of their number president. And Election of Ui- j

, , , Till • / rectors nnd Presi-

said meeting may do all other acts necessary to carry into dent. 1

efi'ect iho object of tliis charter, and tlie complete organiza- ^ |

tion of the company. I

Sec. 5. Whenever anv lands shall be required for the con- Lands may i)c ;

, ' . . taken hy Ihe.eom- j

struction ot the road, or lor warehouses, water-stations, turn- puny. |

outs, worksliops or for other buildings or purpose, and lor any \
cause the same cannot be purchased from the owner, the

same may be taken by the directors at a valuation to be ■

ascertained as follows : The sheriff of the county in which <

said land may lie, shall, at the request of the president of \

158

'1870-'71.— Chapter 95.

Manner of valua-
tion.

Proviso.

Directors may
borrow money.

Exclusive rights.

May liold stoclv in
other companies.

May cross traclvs
of otlier railroads.

Guage of road.

When act to be
in force.

said company, summon five disinterested free-liolders of the
county, who shall ascertain the value, under oath, to be ad-
ministered by the sherifi' or any justice of tlie peace, first
deducting the enhanced value of the land caused by the
railroad, and adding any particular loss or damage, and upon
the payment or tender of the amount so assessed, the title of
the property so seized and appraised shall vest in the cor-
poration, as long as it shall be used for the objects of this
charter ; Provided, That either party may appeal to the
superior court of the count}'' upon the question of the
amount so assessed ; And furtlier, That the condemnation
for right of way shall not extend beyond one hundred feet
on each side from the centre of the road, and for other pur-
poses not more than three acres in one tract.

Sec. 6. The directors shall have power to borrow money
upon the bonds of the company, and to secure the same by
mortgage or other legal assurance on such terms as they may
deem best.

Sec. 7. Said company shall have the exclusive right to
convey and transport freight and passengers over and along
[said] railroad at such rates as the directors shall prescribe,
and the company may purchase and hold stock in other rail-
road or in navigation companies, and shall have power to
buy or lease the same, or to contract for the transportation
of passengers or freight over their line.

Sec. 8. The railroad company shall have power to cross
the tracks of other railroads, to build branches to the main
stem in any direction not exceeding twenty-five miles long.
The guage of said road shall be as the stockholders may de-
termine, not exceeding four feet eight and one-half "inches.

Sec. 9. This act shall be in force from its ratification, and
the privilege of forming a company under the same shall
continue for forty years.

Katified the 25th day of February, A. D. 1871.

1870-71.— Chapter 96—97. 159

CHAPTER XCYL

AN ACT TO KEPEAL SECTION m'E, OF CIIAI'TER EIGHTY-SIX;
OF THE LAWS OF ONE THOUSAND EIGHT HUNDEED AND
FIFTY-SIX ANT) ONE THOUSAND EIGHT HUNDRED AND FIFTY-
SEVEN.

Section 1. TJie Oeneral Asseiribly of North Carolina do Repeal.
-enact, Tliat section five of cliapter eighty-six of tlie public
laws of Xorth Carolina, passed in the year one thousand
eight hundred and fifty-six and the 3'ear one thousand eight
hundred and fifty-seven, entitled an act to incorporate the
trustees ot Columbus Normal School, in the county ol Polk,
be and the same is hereby repealed.

Sec 2. That the county commissioners of Polk county Commissioners of

, n 1 ,. n 1 n 1 % ^^"^ couutv may

shall have lall power to sell and convey all town lots and eeii couuty pro-
other real property that is now the property of Polk county,
and to appropriate the moneys, derived by said sales, to the
payment of the lawful indebtedness of said county.

Sec. 3. That this act shall be in force from and after its Wbeu act to i.e in
ratificalion.

Ratified the 25th day of February, A. D. 1871.

CHAPTER XC VII.

AN ACT TO ESTABLISH THE WHITESn)E MOUNTAIN TURNPIKE
IN ALACON AND .JACKSON.

Section 1. TJte General AssemMy of North Carolina do corporators.
enact, That Joseph W. Dobson, "\V. II. Iligdon, and James
Wnght, all of Macon county, and their associates, shall have
the right to make, build and estaljlish a turnpike road from
some point the Macon Turnpike road near Dobson's Mill, Location of rond.
by or near the house of James Wright, then crossing Cowee

160 1870-'71.— Chapter 97.

monntaiu near its junction with the Bkie E-idge, thence
to the Keowee and Tockaseegee Turnpike road, where it
crosses the ridge aforesaid. They shall also have the right
to construct an arm or branch to said road beginning at
some point on the line of the same, and extending to the
foot of Whiteside mountain.
Grade ami widt.ii Qec, 2. That Said road shall no where have a steeper grade

of road. • i i i . i o

that one foot in twelve, shall be of the width of ten feet, and
points on said road always in siglit of each other, shall be of
sufficient length and width to allow vehicles and wagons to
pass each other.
Comuiissiouer.s to Skc. 3. When said road shall be reported to the commis-

appointpi.-r,sousto . " -^ -» r , ^ • ^ -i 1 /• • 1 1 1

examine road sionors 01 Macon coimty as being built and unislied accord-
lui (.( mp L .i. . .^^ ^^ section two of this act, they shall appoint three dis-
creet persons to examine said road, and if they shall find
the same built and finished as aforesaid, they shall certify
the same in writing to the said parties hereinbefore named,
(;atcs Mild tolls, who shall then have the right to erect gates and receive tolls
as hereinafter provided for.

Sec. J-. The parties aforenamed are hereby authorized at
any time after receiving the ccrtiiicate aforesaid, to erect two
Proviso. gates on said road at such points as they may elect; Pravl-

ded, That no person shall be retpiired to pay toll at both
gates within the compass ot t^vcnty-fuur hours, or within the
same time at tlie same gate.
Right of way. Seo. 5. The right of way over private lands must be ob-

tained of individuids by contract, bnt the right of way over
^ now gnuited Lmds is hereby given to the parties named in

section one of tliis act-
Rates of toil. Sec. 0. The tolls on said i"oad shall be as Ibliow.^: on two
wheeled pleasure carriages, tv.'enty-tive cents ; ow four-
wheeled pleasure carriages, one horse, forty cents; on two
horse pleasure carriages, sixtj^ cents ; for each additional horse,
fifteen cents ; for one horse wagon or cart, twenty cents ; for
two horstj wagon, thirty cents ; for three horse wagon, forty
cents ; for four horse wagon, sixty cents ; for five horse wagon,
seventy cents ; for six horse wagon one dollar ; for man and

1870-'71.— Chapter 97—98. 161

liorse, Hl'teeu cents ; for each loose mule or horse, live cents ;
for cattle, three cents each.

Sec. 7. The said J. W. Dobson, W. H. lliordoii, James toils may be

' p \ cliangcxl.

Wriglit, and their associates, may change the aforesaid rates

of toll from time to time, but shall never increase them.

Sec. S. This act shall be in force from and after its rati- Wheu act to be ii>
,, . force.

hcation.

Ratified the 25tli day of Kel)ruar3% A. D. 1871.

CHAPTER XCVIII.

AN ACT TO AUTIIORIZK THE COMMISSIONERS OF YANCEY COUNTY
TO LEVY A SPECIAL TAX.

Section 1. Tlie Gcnerdl Assembly of North Carolina do oiijwt of special

enact^ That the county commissioners of Yancey county be

and they are hereby authorized to lev}' a special tax for the

purpose of ]>aying the outstanding debts against the said

county of Yau'-ey : Proi'/ild^ That said commissioners shall I'l-ovieo.

not levy for tlie ]M]r[)oses afor;:;s:iid a greater sum in any one

year than tliirLX-tliree and one-third cents on each hundred

dollars Morth. of ])ronerrv. \\>jv more tlian one dollar on

the poll ; PravhUif f>irtli<'i\ That the proposition to levy

said tax shall lirst be submitted by said commissioners to the

(|ualihcd voters of s:iid coiutyatan election to be held under

the order, direction and rcguhition of the said county.

Sec. 2. Be it f<i,tlin' enacted. That in lieu of the levy of commissiouer.s
.,,..,. . , . uiiiy Issue bonds,,

a special tax as provided for in the hrst section ot this act,

the said commi.-sioner.-: avv- lioreby a.uthorized to issue county

bonds in a sum )U)t less than one hundred dollars each, to

an amount not exceeding five thousand ch^llars, payable ten

years after date, bearing the rate of six per cent, interest, to

be paid semi-annually at sucli place as the chairman of the

board of commissioners may designate, said bonds to be

signed bj- the chairman of the board of commissioners, and

162 1870-'T1.— Chapter 98—99.

countersigned bj the register of deeds for the county, with
his seal of office.

foree! ^""^ ^"^ ''*' '" ^^^' ^- ^^'^^ ^ct ^^^^^^ ^^e in foi-ce from and after its rati-
fication.

Katified the 25th day of February, A. D. ISTl.

CHAPTER XCIX.

AN ACT CONCERNING DEBTS CONTRACTED BY MINICIPAL COR-
PORATIONS.

Mow debts Of mu- SECTION 1. The General Asseinbly of NoHh Carolina (lo

lions shall be paid, enact. That debts contracted by a nninicipal corporation in

pursuance of authority vested in it, shall not be levied out

of any property belonging to such corporation and used by

it in the discharge and execution of its corporate duties and

trusts, nor out of the property or estate of any individual

who may be a member of such corporation or may have

property within the limits thcreol. But all sucli debts shall

be paid alone by taxation upon subjects properly taxable by

such corporation ; Provided^ ko'ioeoer, That whenever any

individual by his contract shall become bound for such debt,

or any person may become liable therefor by reason of fraud,

such person may be subjected to pay said debts according to

the course of the law in other cases.

When act to take Seo. 2. That this act shall take eflect from and after its
effect. J,,.

ratiti cation.

Ratified the 25th day of February, A. D. 1871.

1S70- 71.— Chapter 100. 1^^

C II AFTER C.

AX ACT Sl-l'l'I.EMi:XTAL TO AN ACT IX RELATION TO THE
FOWLIN(i^ INTERESTS IN THE WATERS OF CURRITUCK SOUND,
RATIFIED ON THE TWKX'I Y-THIKD OF DECEMBER, ANNO DOMINT
ONE THOUSAND EIGHT HUNDRED AND SEVENTY.

SEcnoN 1. The General A.^.^emUy of North Carolina ih ^^^^f^^^^
enact. That the tei-iiis of an act ratified on the twenty-third deuts.
day of December, aiuio (Knnini one thousand eight hundred
and seventy, in relation to the fowling interests in the waters
of Currituck, shall not apj.ly to such non-residents who resort
to the waters of Currituck sound for the sole purpose of
shooting game as sportsmen, and who shoot over or on land
or marshes owned or leased by them, and who do not kill
game for a foreign nnrket.

Sec 2 That the third scclion of the act ratified on the Act uf 1870 uoUo
twenty-third of December, one thousand eight nunarea and or lessees of
seventy, in relation to wild tbwl in the waters of Currituck "^'^'^ ^^"
sliall not be construed to limit, abridge, or impair the rights
or privileges of any lj»>na lide owner or lessee of marshes or
lands in the county of Currituck, or of such persons as shall
obtain the consent or pernn'ssion of such owners or lessees
to occupy their p:roiinds fc.r gaming purposes whether actual
residents of tlie state or otherwise.

Sec. 3. This act shall be in force from and after its rati- JJ,]^^" "^'^ tub^it.
fication.

Ratified the •i.'ith day of February, A. D. 1S71.

164 1870-'n.— Chai'tek 101—102.

CHAP TEE CI. ;

AN ACT TO PEOYIDE FOK THE LEVYING OF A SPECIAL TAX IN i

THE COUNTY OF EEKTIE. j

Limit Of special Sectton 1. The General Asseiuhly of North Carolina do I

enact, That the commissioners ot the county of Bertie are (

hereby authorized to levy a special tax to be collected under |

the same rules, regulations and penalties as are other taxes, i

not to exceed six thousand dollars, for the special purpose of j

paying the outstanding debt of said county. j

Tax upon polls. ggc. 2. That this act authorizes and requires the said com- ,

missioners to levy a special tax upon all polls in said county, |

in ratio as provided in the constitution. j

Act to be submit- Sec. 3. That the provisions of this act shall be submitted

to the qualified voters of Bertie county, at the next election i

held in that county, and this act shall have no force or effect '

till ratified by a majority of the qualified voters voting |

thereon. Those approving of this act shall deposit a ballot '

in the ballot box containing the words " To levy tax." j

Those opposing, a ballot containing the words " J^ot to levy ,

tax." ;

When act to be in Sec. 4. This act shall be in iorce from and after its rati- I

*"^^' fication by a majority of the qualified voters of Bertie '
county.

Katified the 25th day of February, A. D. 1871. ;

CHAPTER CI I.

AN ACT IN RELATION TO TAKING FISH FKOM THE NOKTH-EAST
BRANCH OF CAPE FEAR AND FOR OTHER PURPOSES.

Restrictions upon SECTION 1. The General AssemiUy of No^^ih Carolina do

fishing with seins. ^^^^^ That from and after the first day of February, in the

year of our Lord one thousand eight hundred and seventy-

1879-'71.— Chapter 102—103 165 '

■I

one, during the month of February, March and April, there j

shall be no seine, drift net, set net or pod net or any other <

net or snare set cr placed in the waters of the north-east j

branch of the Cape Fear river, from its mouth to where |

Goshen empties into said river, for the purpose of taking ;

shad or other fish from said river on the following days, to- I

wit: from "Wednesday morning sunrise until Thursday

morning sunrise in each week ; and it shall not be lawful I

for an}' person from the first day of February to the first .

day of May, and from the first day of September until the \

first day of December to obstruct by setting seines or nets j

across the channel of the river or by running more than one *

seine or net at one landing or beach, or in any other way '

obstructing the passage of fish in the waters of said river. I

Sec. 2. Any one violatins^ the provisions of this act shalr Penalty for viuia-
, ., , . T "" -, . . -i -,1 1 ,. -, t'on of tliis act. i

be guilty of misdemeanor, and on conviction shall be tined >

not more than one hundred dollars, or imprisoned not more i

than sixty days at the discretion of the court. \

Sec. 3. That an act entitled an act in relation to taking Repeal,
fish from the north-east branch of the Cape Fear river, rati- ■
fied the sixteenth day of Februaiy, one thousand eight hun-
dred and seventy, be and the same is hereby repealed, and '

this act shall be in force from and after its ratification. When act to be ia

torce. .

Ratified the 27th day of February, A. D. 1871. ;

CHAPTER cm.

AN ACT TO PUNLSH OFFICERS AND AGENTS OF RAILROAD COM-
PANIES AND OTHER PERSONS FjR EMBEZZLEMENT AND OTHER
OFFENCES.

Section 1. The General Assembly of North Carolina do
enact, Tliat if the president or treasurer or any director, or
any engineer, or any other officer or agent of any railroad
company inoorporated by law or laws of this state, and a

166

1870-71.— Chapter 103.

Any agent or offi-
cer of a railroad
compRny who
shall embezzle
corporate funds
guilty of a felony.

Penalty.

Person conspiring
■with oft'ending
agent or officer
guilty of a felony.

Penalty.

When act to be in
force.

law or laws of any other state or states, already in existeTice^
or which shall hereafter come into existence by virtue of any
such law or laws already passed, or which may hereafter be
passed, shall embezzle any money with which such presi-
dent, treasurer, director, engineer, officer or agent, shall be
charged by virtue of his said office or agency, or shall in any
way directly or indirectly apply or in any way dispose of to
his own use or benetit, or for the use or benefit of himself^
or any (jther person, state or coriDoration, other than the
company of which he is or may be such president, director,
engineer or agent, any money, bonds of any kind, or other
thing or things, such president, treasurer, director, engineer,
or agent so offending shall, for every such offence, be deemed
guilt}'^ of a felony, and on conviction in any superior court
of any county through which the railroad or any part thereof
of any such railroad company shall pass, shall be impritsoned
at hard labor in the penitentiary, not less than three nor
more than ten years, and fined not less than one thousand
nor more than ten thousand dollars.

Sec. 2. That if any person or persons shall agree, combine,
collude, or conspire with the president, treasurer, director,
engineer or agent, or any one or more of them of any such
railroad company, to commit any offence specified in the
first section of this act, every person so offending shall be
deemed guilty of felony, and on conviction in any superior
court of a county through which the railroad or any part
thereof of any railroad company against which such ofience
may be perpetrated passes, shall be imprisoned at hard labor
in the penitentiary for not less than three nor more than ten
years, and fined not less than one thousand nor more than
ten thousand dollars.

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

Katified tlie 27th day of February, A. D. 1871.

1S70-' 71. —Chapter 104—105. 167

CHAPTER CIV.

AN ACT TO KEIM;AL AX ACT AUTIIOKIZINO TllK COMMISSIONERS
OF JONES COUNTY TO LEVY A SPECIAL TAX, AND ALSO AN
ACT TO ALLOW THE COUNTY COMMISSIONERS OF .lONES COUNTY
TO LEVY A SPECIAL TAX.

Section 1. The General Assei)tbly of North Carolina do Rcpe;ii.
enact, That an act authorizing the connnissioners of Jones
county to levy a special tax, passed by the general assembly
of Xorth Carolina, and ratified the ninth day of April, anno
domini one thousand eight hundred and sixty-nine, and also
an act to allow the county commissioners of Jones to levy a
special tax, passed by the general assembly ot Xorth Caro-
lina, and ratified the first day of March, anno domini, one
thousand eight hundred and seventy, be and the same are
hereby repealed, and every part or parts thereof.

Sec. 2. That this act shall be in force trom and after its WI10.1 ua to be in

force.

ratification.

Ratified the ith day of March A. D. 1871.

CHAPTER CV.

AN ACT IN RELATION TO COPYING THE LAWS FOR THE PUBLIC

PRINTER.

Section 1. The General AssetiM.ijt-.of North Carolina do sccretmy of state
enact, That it shall be the duty ot the secretary of state to faw "I'li'pl.Mi^ "*
employ his clerk continuously and from day to day in copy- P'"i*c'-
ing tlie several acts which have been ratified during the pre-
sent session of the general assembly, or may be ratified from
day to day and sent to his office, until the whole arc copied
and ready to be delivered to the public ])rintcr.
9

168

1870-'71.— CiiAPTEK 105—106.

When act to be in
force.

Sec. 2. It shall be the duty of the secretary of state, ever
after complying with the above section, 'immediately upon
the receipt of any ratified act or resolution, which it is his
duty to have printed and bound for distribution, to copy or
cause to be copied forthwith, to the end that the copy may
be held in readiness for the public printer. n

Sec. 8. The secretary of state shall not be allowed to em-
ploy any one at the expense of the state to do any of the
aforesaid copying.

Sec. 4. This act shall be in force from and after its ratifi-
cation.

Katified the 4th day of March, A. D. 1S71.

CHAPTEE CVI

AN ACT TO REPEAL CERTAIN PARTS OF CHAPTER ONE HUN-
DRED AND SEVENTY, ACTS OF ONE THOUSAND EIGHT HUN-
DRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED
AND SIXTY-NINE.

Repeal.

Proviso.

Further repeal.

When act to be in
force.

Section 1. The Genefi'al Assembly of North Carolina do
enact, That so much of section two, chapter one hundred
and seventy, laws of one thousand eight hundred and sixty-
eight and one thousand eight hundred and sixty-nine, as
follows the word "administration" in line ten, be and the
same is hereby repealed ; Provld-ed, That the said board
shall be allowed their travelling expenses for attending one
annual meeting.

Sec. 2. That so itiuch of section eight ot said chapter as
follows the word "pertinent" in the sixth line, be and the
same is hereby repealed.

Sec. 3. This act shall be in force from and after its ratifi-
cation.

Ratified the 28th day of February, A. D. 1871.

1870-71.— Chaptek 107— lOS. 169

CHAPTER CVIL ]

AN ACT TO EXTEND THE TIME OF J. M. ROANE, SHERIFF OF
MACON COUNTY FOR MAKING SETTXEMENT WITH THE COUNTY
TREASURER.

Section 1. The General AssemUy of North Carolina do Extension of time ]

mact, That J. M. Roane, sheriff ot Macon county, shall ' i

have until the first day of April next to make settlement |

with the treasurer of that county for taxes due for the year j

one thousand eight hundred and seventy. )

Sec. 2. That said sheriff is hereby relieved of any penal- Reiki from pen-

ties or forfeitures he may have incurred by failure to settle <

according to law. |

Sec. 3. That this act shall be in force from and after its When act to bS in

force. '

ratification. I

Ratified the 2ud day of March, A. D. 1871.

■}

CHAPTER CYIIL

AN ACT TO CURE CERTAIN IRREGULAR PROCEEDINGS IN THE
JURISDICTION OF THE CXDURTS IN SPECIAL PROCEEDINGS.

Whereas, In consequence of the great uncertainty as to Preamble,
the proper jurisdiction of superior courts before judges, and
superior courts before the probate judges and clerks of the
superior courts, many proceedings have been in good faith
erroneously instituted in one of said courts, when they should
have been instituted in another of said courts, and in virtue
ot such proceedings in tliose cases in which judgments and
decrees have been made, valuable rights have been acquired
by purchasers or others, and in those cases in which judg-
ments and decrees have not been made, much costs have
already accrued ; now for the purpose of remedying the evils
and wrongs resulting from such mistake of j urisdiction,

170

Certain irregular
proceedings in
Superior Courts
made legal.

Cases begun in
such courts to be
carried to final
judgments.

When act to take
eflfet't.

1870-'71.— Chapter 108—109.

Section 1. The General Assewhhj of North Carolm a do
mact^ That all proceedings heretofore had in the superior
courts of this state in any action, j^etition special proceedino-
in dower for partition of real estate, widows year's allowance
by administrators to sell i-eal estate to pay debts, which may
have been improperly or irregularly instituted and begun in
said courts, be and are hereby in all tilings continned and
made valid, so far as regards the question of jurisdiction in
such cases, to the same extent as if such proceedings had
been originally begun in the proper court.

Sec. 2. That all such cases heretofore begun and instituted,
and not yet determined, may be prosecuted to liaal judg-
ment or decree in such courts and before the judges thereof,
and jurisdiction is hereby conferred upon said courts or the
judges thereof, to hear, try and determine such causes as
fully as if they had been originally instituted in said courts
according to the act of the general assembly in such cases
made and provided.

Sec. 3. This act shall take effect fro in its ratification.

Eatified the 2nd day of March, A. D. 1871.

CHAPTER CIX.

AN ACT IN REGAKD TO RODERICK m'mILLAN, SHERIFF OF
ROBESON COUNTY.

Preamble.

Judgment re-
mitted.

Whereas, Roderick McMillan, sheriff of the county of
Robes(ni, has l)een amerced and judgment granted against
him from fall term of Wake superior court for penalty and
costs as a delinquent for the non-payment of taxes; and
whereas, the said McMillan is not in fault for the non-pay-
ment above mentioned.

Section 1. The General Assenihlt/ of North Carolina do
enact, That the judgment and penalty incurred by said
McMillan, sheriff of Robeson, are hereby remitted, except

1870-'71.— Chapter 100—110. 171

the costs ot said suit ; Provided^ lie pay or cause to be paid Proviso.
into the public treasury tlie state taxes tor the year one
thousand eight hundred and seventy, on or before January
titteenth. one thousand eight hundred and seventy-one.

Stc. ± This act shall be in force from and after its rati- ^^^^ *^^ *« '^^ ''^
iication.

Ratified the 2nd day of March, A. D. 1871.

U-

CHAPTER ex.

AX ACT TO E>rCOUKA(;E nfMIGRATION INTO NORTH CAROLINA
AND TO INCREASE THE CAPITAL OF THE STATE.

Whereas, The North Carolina Land Company was preftmbie.
chartered by a special act of the general assembly on the

eighth day of February, anno domini one thousand eight i

hundred and sixty-nine, for the purpose of developing the 1

resources of the state ; and whereas, said compan}' have i

materially aided in securing considerable immigration to \

this state, and in the investment of a large amount of capital ; j

and whereas, the people of North Carolina are deeply in- i

terested in having these objects more fully attained, and are J

desirous of manifesting to all people, "whether native or i

foreign, a willingness to offer them a secure and safe asylum 1

within its borders, and this general assembly desiring to \

aid these objects without increasing the burthens of the '

state ; i

Section 1. The General Asseiribly of North Carolina do Presiaeni of !

J mi /-I x- ,1 • 1 * ,. 1 -K-r t r-^ T North Curoliini ,

enact^ J/hat (reorge Little, president of the IS ortli Carolina Land Company
Land Company, be and he is hereby appointed commissioner pioncrof immi-
of immigration for North Carolina, (without any salary) to '-'™^'""-

carry out the provision of the act of incorporation aforesaid ; ^

and the said commissioner shall have power, with the advice \

of the governor to appoint one or more persons to act as i

assistant commissioner (without salary) resident in Great j

Brittain, France and Germany. j

172 1870-'71.— Chaptee IK '—111.

Secretary of state Sec. 2. That the secretary of state be required to supply

to supply printed -^ ^ i r j

odpies of act. such number of printed copies of this act as may be necessary

to furnish our consular agents in Europe, and the agents of

the company.

Capital stock of Sec. 3. That the capital stock of said company (should
». C. Land Com- , . . r .; v

pany. the stockholders deem it advisable) may be increased to a sum

not exceeding one million of dollars.
Sec. 4. That this act shall be in
,tification.
Katified the 2d day of March, A. D. 1871.

men act to be in Sec. 4. That this act shall be in force from and after its
feree.

ratiiication.

CHAPTEE CXI.

AN ACrr TO REPEAL CERTAIN SECTIONS AND PARTS OF SECTIONS
AND TO AMEND OTHERS IN CHAPTER TWO HUNDRED AND
SEVENTY, LAWS OF ONE THOUSAND EIGHT HUNDRED AND
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-
NINE.

jhnendments^nd SECTION 1. The Genei'al Assemhly of North Carolina do
**'^**'*^' enact^ That sub-division sev^en, section twenty seven ; snl) di-

visions two, section twenty-nine ; section seventy-five ; sub-
divisions four, five and eight, of section eighty-two ; sec-
tions eighty-three and eighty-four, section one hundred
and five, and all after the word " time " in line one, section
twenty-three, all after the word " excepted " in line four,
section forty-four, all after the word "officer" in line four,
sub-division six, section eighty-two, all after the word " legis-
lature" in line three, section eighty-eight, all after the word
" therewith " in line six, section ninety-three, all alter the
words " his oflSce " in line three, section ninety-tour, all aiter
the words " orphan asylum" in line four, section ninety-five
and all after the word "government" in line two, section
one hundred and seven, of chapter two hundred and seventy,
laws of one thousand eight hundred and sixty-eight and one

18T0-'71.— CiiArxER 111—112. ITS

thousand eight hundred and sixty -nine, ratified April twelfth,

one thousand eight hundred and sixty-nine, he and the same

are hereby repealed.

Sec. 2. Tliat sub-division three, section lorty-seven of the ^^^^^^ ameud-

atoresaid chapter, shall be amended so as to read as follows :

To the governor for the use of the executive office, to the Distribution of

, , /. 1 111 ^^^^ ^^^^ Docu-

lieutenant governor, to each member of the general assembly mcnts.

one copy each of the statutes, journals and documents ; and
to the librarian of the state library, for the use of the library,
ten copies of the statutes, journals and documents ; to
the justices of the supreme court, the judges of superior
courts, the treasurer, the secretary of state, the auditor, tlie
attoraey general, the superintendent of public instruction,
the superintendent of public works, and to each clerk of the
superior court, for the use of their offices, one copy each of
the statutes and documents ; to the principal and assistant
clerk of each house, one copy each of the statutes and jour-
nals, and to the enrolling and engrossing clerks, each one
copy of the statutes.

Sec. 3. That sections seventy, eighty-one and eighty-five,
(whicli should be eighty-six,) of the aforesaid chapter shall
each read as follows: He shall be allowed such office room
as may be necessary.

Sec. 4. This act sliall be in force from and after its ratifi- When act to be in

force,
cation.

Ratified the 2d day of March, A. I). 1871.

CHAPTER CXI I

AN ACT COXCEKNIN(; ELECTIONS IN THIS STATE.

Section 1. 27i€ General Assemlly of North Carolina do Qualification of

Voters.
e^iact, That in all general and special elections held after the

ratification of this act in this state, or in any county in this

state, no voter shall be allowed to vote at any precinct in his

174 1ST0-'71. -Chapter 112—113.

county except at a precinct of tlie township in which he
resides.

?ot«"'' '^"""'"'" ^^^' ^- "^^^^^ ^^'^ ^'^^^ ^^^^^ ^"3" person offei-ing to vote at
any such election is a registered voter in his county or in
tlie township in which he resides, shall be on\y prima yacie
evidence of his right to vote, and it shall be lawful for any
other qualified elector, not only at the time of registration,
but also OIL the day of election, to challenge the right of any
registered voter to vote, and it shall l)e the duty of the
judges of the election, before whom such challenge is made,
to hear and determine such challenged voter's right to vote,
before receiving his ballot.

Kepeal. Sec. 3. That all laws and clauses of laws coming in con-

flict with this act are hereby repealed.

wiien act to be in Sec. 4. That this act shall be in force from and after its
force. ,.fj ,.

ratification.

Eatified the 3d day of March, A. D. 1871.

CHAPTEECXIII.

AN ACT TO AMEND SECTION T .VENTY-ONE OP^ AN ORDINANCE OF
THE CONVENTION OF ONE THOUSAND EIGHT HUNDRED AND
SIXTY-FIVE AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-
SIX, ENTITLED " AN ORDINANCE RESPECTING THE JURISDIC-
TION OF THE COURTS OF THIS STATE," RATIFIED JUNE TWENTY-
THIRD, ONE THOUSAND EIGHT HUNDRED AND SIXTY-SIX,
AMENDED AND RE-RATIFIED BY THE CONVENTION OF ONE
THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, MARCH FOUR-
TEENTH, ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT.

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

enact, That the twenty-first section of an ordinance of the
convention of one thousand eight hundred and sixty-five,
and one thousand eight hundred and sixty-six, entitled an
ordinance respecting the jurisdiction of the courts of this

1870-71.— Chapter 113. 175

rotate, ratified June twenty-tliird, one thousand eight hun-
dred and sixty-six, amended and re-ratified bj^ the conven-
tion ot one thousand eight hundred and sixty-eight, Mardi
fourteenth, one thousand eight hundred and sixtj^-eight, be
amended as follows, viz : insert the words " or receiver "
between the words " indorsee " and " or " in the third line
from the beginning of said section, and also insert the words
'*'• and whether or not the same was in the possession of the
■defendant at the time of suit brought," between " not" and
'' any " in the eight line from the bottom of said section, and
strike out all in said section after and including the word
''provded"in lines four and five from the bottom of said
-section, as printed in the code of civil procedure ; so that
said twenty-first section of said ordinance as amended shall
read as follows, viz : That in all actions brought by any
bank or other corporation having exercised banking privi-
leges, or by any assignee or endorsee or receiver or ofiicer
of said county or corporation, it shall and may be lawful for
the defendant to set ofiT by plea or on trial any note or
certificate of deposit issued by said bank or its branches or
other corporation, whether the same has been presented for
payment or not, and whether or not the same was in the
possesion of the defendant at the time of suit brought, any
law or usage to the contrary notwithstanding ; but said plea
of set ofit' or set otf on trial shall not avail to carrj- costs
.against the plaintifi' unless there has been a tender of such
payment before suit brought.

Sec. 2. That this act shall be in force from and after its When m-\ to i e in
ratification.

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

• i

176 1870-'71.— CiiAPTKR 114.-

CHAPTEE CXiy.

AN ACT AUTHORIZING THE COMJVII8SIONERS OF CHATHAM COUNTV
TO ISSUE BONDS.

Amount of bonds SECTION 1. The General AssemUii of Novth Carolina do
to be issued. _ _ _ ^ •'

enact, Tlie commissioners of Chatham county are herel)y

autliorized to issue coupon bonds, not exceeding in amount

twelx'e thousand dollars, in denominations of not less tbau

tM'entj dollars and not more than five hundred dollars.

No new debt to be Sec. 2. That the said bonds shall not be issued to contract

created. . ,,..-,..

any new debts against the county, but to fund such liabilities
of the county as are outstanding at the time of the ratifica-
tion of this act.
Bonds to bear in- Sec. 3. These bonds shall bear interest at the rate of six

terest,aud reeeiv-

abie for taxes. per cent, per year, payable annually, and that the coupons
calling for such interest, shall be received by the sheriff in
payment of county taxes.

How bonds to be Sec. 4. The principal of bonds so issued shall be payable
as follows : The first one-fourth of the principal of said bonds
at the expiration of one year from the first day of September,
one thousand eight hundred and seventy-one, and each suc-
ceeding like amount shall be paj-able in like manner at in-
tervals of one year from the time of payment of the issue
immediately preceding it.

Speeiai tax to pay Sec. 5. That fur the pavmeut of the i)rincipal and interest

principal and in- „ . , , , ^, ■"•'.. xw i u

terest. of said bonds tlie commissioners of Cyiiatliam county are

authorized to levy the necessary taxes as occasion may re-
quire from time to time, but they are forbidden to levy or
collect any other tax excej t for iheacci'uing current expenses-
of the county.

Whe.njaet to be in Sec. 0. This act shall be in force from and after its ratiti-
force.

cation.

Ratified the 7th day of March, A. D. 1871.

1870-'71.— Chapter 115. 17T

CHAPTEKCXV.

AN ACT TO INCORPORATE THE YANCEY VILLE, IIANVILLE AND
COALFIELD RAILROAD.

Section 1. The General Assembly of North Carolina do Corporate name.
enact, Tha a company by the name and style of the Yancey
ville, Danville and Coalfield Railroad, be and the same is here-
by incorporated, with a capital stock oi five hundj'cd thousand Capital stock.
dollars, to be divided into shares of one hundred dollars each. Shares.
for the purpose of constructing a railroad from some point
on the A^irginia and North Carolina line near Danville, to Location of road.
Yanceyville, thence to intersect with the North Carolina
Railroad, between Ilillsboro and Company Shops, and con-
nect with the Coalfields in the county of Chatham, the
termini to be fixed by the j^i'esident and directors of the said
company, and when formed in compliance with the condi-
tions hei'einafter prescribed, to have a corporate existence as Corporate tei-m.
a body politic for the tei'm of ninety-nine years.

Sec. 2. Tluit for tlie pni-p<.se ..f creating the capital stock Sd™''ibSV-'''
ot said company, the foliov/iMg persons be and the}" are ^*^"®-
hcrebv app(/intu(l general commissioners: Hon. John Kerr,
Hon. Samuel P. Hill, Brice ILirrelson, William B. Bowe,
Col. E. i*. Wiilici's, Doc. A. (4iim, C. D. Vernon, James
M. KcmI, Liviiigtton Brctwn an'l X. M. Roane, at Yancey-
ville, and at such otlicr ]>l:ices and under the direction of
such otbci' jierpons us a majority of tjie commissioners above
named may deem ]iroper, f r the ])urpoee of receiving sub-
scriptions to the stock ol said comp;my, books of subscri])tion
to be opened by the commissioners above named and all per-
sons who may be hereatter authorized as aforesaid, at such
time and place as may bo designated, at any time after the
ratification ol this act, first fjiving twenty da3's notice thereof.

And the said books when opened shall be kci^t open for the i^ooks of sub-

' ' ' scnption.

space of sixty days at least, and as long thereafter as the

commissioners above named shall deem proper, and the said

first named commissioners shall have power to call on and

178 1870-71.— CiiAFiEK 115. '

require all persons empowered to receive subscriptions of
stock, at any time and from time to time as a majority of them
may think proper, and to make return of subscriptions of stock
by them respective]}' received.

JoTiSlon.*"* "" ^^c- ^- That whenever the sum of twenty-iive thousand
dollars shall have been subscril)ed in manner and form
aforesaid, the subscribers, their executors, administrators
and assignees, shall be and they ai'e hereby declared
incorporated into a company by the name and style of the
Yanceyville, Danville and Coalfield Railroad Company,

Powei-sand privi- and by that name shall be capable in law and equity, of

If^es of corpora- *' _ _ _ ' _ i j ■>

tion. purchasing, holding, selling, leasing and conveying estates

real, personal and mixed and ac(|uiring the same by gift or
demise, so far as may be necessary for the purposes embraced
within the object and intent of their charter ; and shall have
succession and by their corporate name ma}' sue and be sued
plead and be impleaded in any court of law and equity in
this state, and may have and use a common seal, and shall
have and enjoy all other rights and imnmnities which other
corporate bodies may and of right do enjoy, and exercise
and make all by-laws, rules and regulations as are necessary
for the government of the corporation or effecting the object
tor M'hich it was created, not inconsistent with the constitu-
tion and laws of the state.
Ser^ ^^ '^^''^- Sec. 4. That it shall be the duty of tlie commissioners
named in this act, for receiving subscriptions or a majority
of them, as soon as the sum of twenty-live thousand dollars
shall have been subscribed in manner as aforesaid, and live
per cent, paid to the commissioners aforesaid, to give public
notice thereof, and at the same time to call a general meet-
ing of the stockholders, giving at least twenty days' notice
of the tmie and place of meeting, a njajority of the stock-
Election of Presi- holders being represented, in person or by prox}', shall pro-
ajid Directors. ceed to elect a president, treasurer and seven directors out
of the number of stockholders, and enact such by-laws as
they may deem necessary for their government, and the said
president and directors shall have power to perform all the
duties necessary in the government of the corporation and

1870-^71.— Chapter 115. 17»

the transaction of the business of the eompaiiy, and at that

meeting the stoekhohlers shall i\x on the da}' and phice when

tlie annnal election shall he held for president, treasurer and J!|!j,tio,V""'""^

directors, who shall 1 old their office tor one year only ; but

if the day of annnal election of officers should under any cir-

ennistances pass witln^nt an election, the corporation shall

not thereby be dissolved, but the officers formerly elected

shall continue in office until a new election take place.

Sec. 5. That the board of directors may fill any A^acancies Vacuucics.
win'ch may occur in it during the period for which the}' have
been elected, and in the absence of the president, may ap-
point one pro tempore to fill his place.

Sec. 6. That the boai-d of directors may call for the sums P:\vraeiit of sui>-

... , . . , • . 1 • . 11 X scriptions resiii-

snbscribed as stock in said company m sucli installments as latcd ityaini-tois.
the interests of the company may, in their opinion, require ;
due notice of such call •-liall be given at least one month be-
fore the day of payment ; and on failure of any stockholder
to pay each installment, as thus required, the directors may
sell at ])ublic auction, on a ]U'c\ious notice of ten days, for
cash, all the stock subscribed for in said company by such
stockholders, and Cduvey the same to the purchaser at said
sale ; an<l if the sale ol stock do not produce a sum sufficient
to pav off the incidnital expenses rf the sale and the entire
amount owing by such srockholders in the company, then
and in that case, the whole of such balance shall be lield as
due at once to the company, and may be recovered of such
stockholder or his executor, administrator or assigns at the
suit of said c<jm})any, or by action of assumpsit in any court
of competent iurisdiction, or by warrant l)efore a justice of
the peace, where the sum is within the jurisdiction of a
justice of the ])eace; and all cases of assignment of stock
before the whole amount has been paid to the company, then
for all sutns due on said stock, both the original subscriber
and the first and all subsecpient assigns shall be liable to the
company, and the samt may 'v)Q, recovered as before described.

Sec. 7. That the said company shall issue certificates ot Ccrtifit-ntts^of
stock to its members, and Kaid stock may be" transferred in

180

1870-'71.— Chafter 115.

Contracts.

Increase of capi
tal stock.

Lands, &c., may
be taken j

such manner and form as may be directed by the by-laws of
the company.

Sec, 8. That all contracts or agreements authenticated by
the president and secretary of the board, shall be binding on
the company, with or without a seal ; such mode of authen-
tication shall be used by the company as may be prescribed
by their by-laws.

Sec. 9. That for the purpose of constructing said road, the
company are hereby autliorized and empowered by a vote of
the stockholders in general meetings assembled, to increase
their capital stock to an amount, sufficient in their opinion,
to effect the object and to raise money by loan or otherwise,
sufficient to complete and equip said road upon such secu-
rities and in such manner as the stockholders may direct.

Sec. 10. That when any lands or right of way be required
by the said company for the purpose of constructing their
roads, buildings, warehouses, water-stations, workshops, de-
positories, and for want of agreement as to the value thereof,
or from any other cause, the same cannot be purchased from
the owner or owners, the same may be taken at a valuation
to be made by five good and lawful freeholders, to be sum-
Manner of valua- moned by the sheriff of the county in which the land re-
quired by the company may lie ; and in making the said val-
uation the said jury shall take into consideration the loss or
damages which may accrue to the owner or owners in con-
sequence of the land or right of way being surrendered, and
the benefits or advantage he, she, or they may receive from
the construction of the said road, and shall state particularly
the value and amount of each ; and the excess of loss or dam
ages, if any, over and above the advantage and benefit, shall
form- the measure of valuation of said land or right of way ;
Provided, nevertheless, that it any person or persons, over
whose land said road may pass, or the company may be dis-
satisfied with the valuation thus made, then and in that case
either party may appeal to the next court having jurisdiction
thereof to be held thereafter ; and the sherifi" shall return to
the said court the verdict of the jury with all the proceed-
ings thereon, and the lands or right of way so valued by the

18T0-'T1.— Chapter 115. " 181

jury, shall vest in the said company so long as the same

shall be needed for tlie purposes of said railroad, so soon

as the valuation may be paid or tendered to the owner or

owners of said land : Provided, further, that the right ot ^'"o^'^o-

said company shall not authorize the condemnation of any

lands which may invade the dwelling house, yard, garden or

graveyard of any individual without his consent.

Sec. 11. That the right of said company to condemn land

in the manner described in the above section shall extend to

the condemnation only of one hundred feet on each side of

the main track of the road from the centre of the same, and

for the purjDOse of ascertaining the best route for the said

' road and to locate the same, it shall be lawful for the said

^company, by its engineers and agents, to enter upon, examine

and survey any lands that they may wish to examine for

such purpose free from any liability.

Sec. 12. That the said company shall have the exclusive Exclusive right of
. , ,. . ... , convevance.

right 01 conveyance or transportation ot persons, goods,

merchandise, coal, produce tfec, over said road at just

charges as may be fixed on by a majority of the directors; Division of profits

and that the profits of the said company or so much thereof,

as the board of directors may deem advisable, shall, when

the finances of the company will permit, be annually or

semi-annually divided among the stockholders in proportion

to the stock each may own.

Sec. 13. That notice of process upon the president or any Notice or service
of the directors thereof shall be deemed and taken to be due
and lawful notice of service of process upon the company.

Sec. 14. That it may be lawful for the said Yanceyville, Company may
Danville and Coalfield railroad company to make and issue
bonds to an amount not to exceed two hundred and fifty
thousand dollars, to be signed by the presdent of said com-
pany under the common seal of the same, in such sums as
may be designated by the president and board of directors
bearing interest to be paid semi-annually and redeemable at
such time as may be fixed upon by the j)resident and l)oard
of directors, that to secure the faithful payment of the said
bonds it may be lawful for the president and directors of the

182

18 TO-' 71.— Chapter 115.

Company may
purchase and hold
properties.

Persons intruding
upon road to be
deemed guilty of
a misdemeanor.

Penalty for de-
s roying or in„u ■
mx property.

Employees of
road exempt from
certain civil obli-
gations.

Construction to
commence at
Danville.

said company to make, execute and deliver to such persons
as the said company may select and appoint, a deed of trust
or mortgage under the common seal oi said company when-
ever shall he conveyed to the persons they may appoint
trusts. The road, property, income and franchises of said
company, acquired or tol)e acquired conditional for the pay-
ment of the interest and linal redemption of said bonds.

Sec. 15. That the said company may purchase, have and
hold in fee simple or for a term of years any lands, tene-
ments or hereditaments, which may be necessary for the said
road or the appurtenances thereof or ibr the erection of
depositories, store houses, houses for the officers, servants or
agents ot the company, or for M^orkshops or foundaries, to be
used for said company, or for procuring stone or other
materials necessary to the construction of the road or for
effecting transportation thereon.

Sec. 16. That if any person or persons shall intrude upon
said railroad by any manner of use thereof, or of the rights-
and privileges connected therewith without permission, or
contrary to the will of the said company, he, she or they
may be indicted for misdemeanor, and upon conviction, shall
be fined and imprisoned by any court of competent jurisdic-
tion, and that if any person shall wilfidly and maliciously
destroy, damage or obstruct the said road or any of its
appurtenances or cause the same to be done, the person
or persons so offending, shall be indicted therefor, and
on conviction, shall be fined and imprisoned at the discre-
tion of any court having jurisdiction thereof, and shall pay
all expenses for repairing the same.

Sec. 17. That all the officers of the company and servants
and persons in the actual employment of the company, be
and they are hereby exempt from performing ordinary
militia duty, working on public roads and serving as jurors.

Sec. 18. That with a view of forming a railroad connec-
tion w^ith Danville as early as practicable, the construction
of the said road shall be commenced on that end of road
next to Danville.

1870- 71.— CiiArTEK 115—116. 183

Sec. 19. Tlie said railroad coiiipanv may receive subscrip- Company may re-

'^ • -^ '■^ ceive subscrip-

tions in real estate or stocks at siieli valuation as the presi- tions of real i-s-

, ,. tate, «S:c.

dent and dn-ectors may accept.

Sec. 20. That the salary of the president shall be lixed hy ^'^^^ry of Frc-si-

/ ■' dcut.

the stockholders in general meeting.

Sec. 21. That it shall be lawful tor any corporation in Subscriptious of

. . 1 .1 1 '• 1 ■ 1 stock l)y corpora-

their corporate capacity to subscribe stock ni the said com- tions.
pany.

Sec. 22. That this act shall be in force from and alter its When act to be in
ratification and shall be regarded as a public act.

Eatified the 7th day ol March, A. D. 1871.

CHAPTER CXA^I

AN ACT TO AMEND SECTION ONE, CHAPTER ONE HUNDKED AND
TWENTY-TWO, LAWS OF ONE THOUSAND EIGHT HUNDRED AND
SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND SEV-
ENTY, RELATIVE TO ENTRIES OF LAND IN .JACKSON COUNTY.

Section 1. The General AsseiMy of North Carolina Entries of laud in
do enact, That section one, an act entitled an act to extend
the time for perfecting entries in the county of Jackson, rati-
fied March twenty -fifth, anno domini one thousand eight
liimdred and seventy-one, shall read as follows : That every
entry of land made in the county of Jackson, be and the
same is hereby rendered valid in all respectc and the time for
perfecting entries made prior to the twenty-fifth day of '

March, one thousand eight hundred and seventy, and obtain-
ing grants for the same, shall be extended until the first day
of Januar}', one thousand eight hundred and seventy-three ;
Provided, That nothing contained in this section be so con-
strued as to afiect the titles of persons who have heretofore
obtained grants to said lands or the rights of junior entries.

Sec. 2. This act shall be in force from and after its ratifi- when ad to be in
cation. ^*^'^'^-

Eatified the 9th day of Maich, A. D. 1871.
10

184

1870-'71.— Chapter 117.

CHAPTER CXVII.

AN ACT TO INCOKPOKATE THE PETEKSBURO AND GREENSBOKo'
RAILROAD COMPANY.

Location of road.

Corporate name.

Riffhts and privi-
leges.

Capital stock.

Shares)

Corporators.

Commissieners to
receive subscip-
tions.

Section 1. The General Assembly of North Carolina do
enact : That for the purpose of constructing a railroad com-
munication between the town of Greensboro', in the state
of Nortli Carolina, and the city of Petersburg, in the state
of Virginia, a company is hereby incorporated by the name
and style of the Petersburg and Greensboro' Railroad Com-
pany, which shall have a corporate existence as a body politic
for the space of ninety-nine years, and by that name may
sue and be sued, plead and be impleaded, in any court of the
state of North Carolina, and may have and use a common
seal, and shall be capable of purchasing, holding, leasing
and conveying estates, real, personal and mixed, and of ac-
quiring the same by gift or devise,so far as may be necessary
for the objects herein contemplated ; and said company may
enjoy all the rights which other corporate bodies may law-
fully exercise, and may make all necessary regulations for
its government not jinconsistent with the constitution or
laws of the state.

Sec. 2. That the capitol stock of said company may be
created by subscription on the part of individuals, counties,
towns and incorporated companies, in shares of one hundred
dollars each, not to exceed in the aggregate five million
dollars.

Sec. 3. That L. Brown, J. W. Williamson, N. M. Roane,
E. B. "Withers, William Long and William Pay lor, junior,
of the county of Caswell, and Henry T. Jordan, C. S. Win-
stead, S. C. Barnett, Alexander Walker, Chesley Hamlin
and G. D. Satterfield, of the county of Person, are appointed
commissioners to receive subscriptions to the capital stock of
the company, any three of whom may have power to act,
and for the purpose of receiving subscriptions to the capital
stock of the said company, books may be opened at stated

1870-'71.— Chapter 117. ' 185 '

times and places under tlie directions of said commissioners Subscription

^ books. I

or any three of them, or such other persons as may be se-
lected for that purpose by the said commissioners, and said i
commissioners, or any three ot them, may at any time after ,;
said books have been kept open for the space of at least j

twenty days, have power to call to<rether the subscribers to Meeting of sub- !
1 . i 1 . . T PI c scnbers.

the capital stock ot said company, lor the pui-pose or com-
pleting the organization thereof ; and after its organization
the said company may from time to time receive further sub- '

scriptions to its capital stock as it may deem proper. ]

Sec. 4. That said company may hold annual meetings of Annual mooting,
its stockholders, and oftener if deemed necessary, and at its ;

said annual meetino-s seven directors shall be elected to hold Directors and
» _ ^ term of office.

office for the term of one year or until their successors are
appointed, and any of said meetings shall have power to
make or alter the by-laws of said company ; Provided, That By-Laws. ,

in all such meetings of the stockholders, a majority of all the
stock subscribed shall be represented in person or by proxy, I

which proxies shall be verified in the manner prescribed by
the by-laws of the company ; and each share thus repre-
sented shall be entitled to one vote on all questions.

Sec. 5. That it shall be the duties of the directors of the President. ;

company to select one of their number as president of said j

company, and to fill all vacancies which may occur in their ;

board ; to have constructed as speedily as practicable a rail- j

way from Greensboro' through the counties of Guilford, Location of roacL j
Caswell and Person, in the state of North Carolina, to the
Virginia state line, thence to Petersburg, in the state of Vir-
ginia, and to manage all the affairs ot said company, both j
before and after the completion of said road. 1

Sec. 6. That said company shall have the same power to Power to enforca
call for and enforce the payment of stock subscribed as was tion.
heretofore granted to the North Carolina Pailroad Company |

by their charter of incorporation, and shall have power to !

condemn land for the use of the company when a contract Condemn land. j
for purchase cannot be made with the owner thereof, to the >

same extent and in the same manner and under the same i

rules, regulations and restrictions as the said North CaroHna \

186

1870-71.— Chapter 117.

Certificates of
Btock.

May borrow
money and issue
bonds.

Exclusive rights
of transportation.

Municipal sut)-
scriptions.

Subscriptions in
land, money,
bonds or stock.

Repealing clause.
When act to be in
force.

Railroad was authorized to do by their act of incorporation.

Sec. 7. That the president of said company, under in-
structions of the board of directors, shall issue certificates of
stock to the stockholders, which may be transferable in the
manner prescribed by the by-laws of the company.

Sec. 8. The said company shall hav-e power to borrow
money for the completion of said road and issue their bonds
for the payment of the same, beai-ing such rate of interest as
may be agreed upon hj the board of directors, and may
secure the payment of said bonds by securing personal
endorsers or executing mortgages on their road or other pro-
perty.

Sec. 9. That said company may have the exclusive right of
transporting persons and freight upon said road at such rates
of charges as the board of directors may fix.

Sec. 10. That all the counties and towns subscribing stock
to said company shall do so in the same manner and under
the same rules, regulations and restrictions as are set foi'th
and prescribed in the act incorpoi-ating the North Carolina
Railroad Company.

Sec. 11. That the said commissioners above named, or
any three of them, shall have power to receive subscriptions
to the stock of said company in lands, money, bonds or stock,
and in case lands be offered and received in payment of stock
in said company, the commissioners ma}^ provide the mode
in which the value of the same may be ascertained and con-
veyances therefor executed, and they sliall also have power
to receive mortgages of real and personal estate subscribed
to the capital stock.

Sec. 12. All laws in conflict with this act are hereby
repealed, and this act shall l)e in force from its ratification.

Ratified the 9th day of March, A. D. 1871.

187

CHAPTER CXYIII.

AN ACT TO AMEXD SECTION EIGHTEEN, CHAPTER TWO HUNDRED
AND TWENTY-NINE, LAWS OF ONE THOUSAND EIGHT HUNDRED
AND SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND
SEVENTY, ENTITLED AN ACT TO RAISE REVENUE.

Section 1. The Geiieral Asseinhly of North Carolina do Amendment.
enact, That section eighteen (18) of chapter two Inmdred
and twenty-nine (229) entitled "an act to raise revenue," be
amended by adding thereto the following : Provided, hov>
ever, That the tax herein imposed shall not apply to tobacco
warehonseraen who may sell tobacco at auction in their
warehouses, but such warehousemen shall, instead thereof,
pay a specific license tax of thirty dollars per annum.

Sec. 2. That all acts and ])arts of acts in conflict with this Repealing clause.

act are repealed, and this act shall be in force from and "^^^^^n act to be in

, . .r, . force,

alter its ratmcation.

Ratified the 9th day of March, A. D. 1871.

CHAPTER CXIX.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF GUILFORD COUNTY
TO ISSUE BONDS.

Seciton 1. The General Assemhly of North Carolina do Commissionprs
enact, That in order to liquidate the just debts ot the county "^'"^ '''"' ''^"^'•
Guilford, the commissioners of said county are hereby
authorized to issue coupon bonds, not exceeding in amount
the sum of thirty tliousand dollars in denominations of not
more than one thousand dollars, nor less than twenty dollars ;
Prodded, hoimcer, That the said county commissioners
shall fund no claims against the county about which doubts
may be entertained relative to tlieir validity on account of
their connection with the rebellion.

188

1870-'71.— Chapter 119.

Bonds to run for
ten years.

How bonds to be
issued.

Bonds may be re-
deemed at any
time.

Additional bond
of County Treas-
urer.

Special tax.

Whien act to be in
force.

Sec. 2. That said bonds shall run for ten (10) years with
interest at the rate of six per centum per annum, payable
semi-annually ; and the coupons on said bonds shall be re-
ceivable in payment of the county taxes for any fiscal year
in which they may fall due.

Sec. 3. That said bonds and the coupons thereof shall be
signed by the chairman of the board of commissioners, and
countersigned by the clerk of the board, which latter officer
shall keep a book suitable for the purpose, in which he shall
keep an accurate account of the number of the bonds issued,
their amounts and to whom issued, the amount of bonds and
coupons received and cancelled, so that upon an inspection
of his said book, the true state of the county debt may be
seen, for which services he may receive a reasonable com-
pensation, to be fixed by the board.

Sec. 4. That said county commissioners shall have the
privilege to redeem said bonds at any time after the expira-
tion of one year, and it shall be the duty of the county
treasurer, each year to purchase one-tenth of said bonds
then outstanding, or by order of said county commissioners,
set apart as a sinking fund, one-tenth of the amount sufficient
to redeem said bonds M'lien they shall fall due.

Sec. 5. That it shall be lawful for said county com-
missioners, if in their discretion the official bond of the
county treasurer shall be insufficient to protect the county in
the discharge of his duties hereby enjoined, to require him
to give further and sufficient security.

Sec. 6. That said commissioners of Guilford county are
hereby authorized to levy a tax of one-tenth of one per cent.
on the real and personal property of said county and thirty
cents on each poll, for the special pui-pose of redeeming said
bonds.

Sec. 7. That this act shall be in force from and after its.
ratification.

Ratified the 10th day of March, A. D, 1871.

18 70-' 71 .—Chapter 120—121. 189

CHAPTER C XX.

AN ACT TO REPEAL CHAPTER FORTY-SIX, LAWS OF ONE THOUSAND ' '

EIGHT HUNDRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT

HUNDRED AND SIXTY-NINE, .VND CHAPTER ONE HUNDRED '

AND THIRTY-ONE, LAWS OF ONE THOUSAND EIGHT HUNDRED j
AND SIXTY-NINE AND ONE THOUSAND EIGHT HUNDRED AND

SEVENTY, AND TO RE ENACT CHAPTER NtNTE OF REVISED i

CODE, ENTITLED ATTORNEY'S AT LAW. 1

Section 1. The General AssemUy of North Carolina do Repeal. ]

enact, That chapter fortj-six of the laws of one thousand j

eight hundred and sixtj-eight and one thousand eight hun- ]

dred and sixty-nine, and chapter one hundred and thirty- i

one of the laws of one thousand eight hundred and sixty- j

nine and one thousand eight hundred and seventy, are '

repealed. ;

Sec. 2. That chapter nine (0) ot the revised code, entitled Re-euactment of •
"attorneys at law," is hereby re-enacted in all respects ex- Cod^*. ' ^^^^^'^
cepting wherein the same may be inapplicable to the present

judicial system. |

Sec. 3. This act shall be in force trom its ratification. When act to be in '.

Eatified the 11 th day of March, A. D. IS 71. ''^''^' \

CHAPTER CXXT.

AN ACT TO A5IEND SECTION FORTY-SKVEX, CHAPTICR NINETY-
THREE, LAWS OF ONE THOUSAND EIGHT HUNDRED AND
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND
SIXTY-NINE.

Section 1. The General Assembly of North Carolina do Amendment.
enact, That section forty-seven of chapter ninety-three of the
laws of one thousand eight hundred and sixty-eight and one

190

1S70-'71.— Chapter 12a— 122.

Wheu act to take
effect.

thousand eight hundred and sixty-nine, be amended l)y
striking out in lines live, six and seven, of said section, the
words " or upon reference as is provided in chapter five,
title ten, of the code of procedure " so that said section shall
hereafter read as if said words had never been inserted
therein.

Sec. 2. This act shall take effect from its ratification.

Ratified the 11th day of March, A. D. 1871.

CHAPTER CXXII,

AN ACT PEOVIDING FOK THE SUPPORT OF THE INSANE ASYLUM
FOE THE NEXT FISCAL YEAK.

Appropriation.

Proviso.

Wlien act to be in
force.

Section 1. The General Asserribly of North Carolina do
enact^ That the sum of forty thousand dollars be and the
same is hereby appropriated out of any money in the public
treasury, to the insane asylum for the support of the same until
the close of the fiscal year one thousand eight hundred and sev-
enty-one, and the board of supervisors of the said insane
asylum are hereby authorized and empowered to draw upon
bi-monthly estimates of the superintendent of said asylum,
for an amount not exceeding one-fourth part of said forty
thousand dollars ; Provided^ Jiowever, That if the number
of the patients treated in said asylum shall exceed in number
the annual average of one hundred and sixty, then and in
that case the governor, ex afficio chairman, by and with the
advice and consent of said board, may, and is hereb}'' author-
ized to draw from the state treasury, a sum equal to three
hundred dollars for each and every patient treated in said
asylum above the annual average of one hundred and sixty,
for the aforementioned period.

Sec. 2. That this act shall be in force from and after its
ratification.

Ratified the 11th day of March, A. D. 1S71.

1879-' 71. —Chapter 121—124. 191

CHAPTER CXXIII.

AN ACT TO AUTHORIZE TAX COLLECTORS TO COLLECT TAXEi5
WHICH SHALL BE DUE AND UNPAID.

Whereas, 1h many coHnties the respective slieriffs failed l''"<^ii"ii*i<^-
to produce receipts of the state and county treasurer, that
they had settled in full for the taxes of the previous year to
the clerk ol the board of commissioners, or failed to give
sufhcient bond as required b}' law ; and whereas, the said
commissioners in cases in which such sheriffs failed to pro-
duce such receipts or give such bonds, appointed tax collec-
tors to faithfully collect and pay over the taxes according to
law ; therefore,

Section 1. The General Asseinhh/ of North Carolina do I'owers of sheriffs

^"^ "^ . conferred on tax

enact, That all tax collectors appointed by authority of law collectors.
are hereby authorized, whenever taxes shall be due and un-
paid, to proceed to collect them in the manner prescribed
lor the collection of taxes by the sheriffs in chapter two hun-
dred and twenty -five, laws of one thousand eight hundred
and sixty-nine and one thousand eight hundred and seventy,
entitled an act to provide tor the collection of taxes by the
state and by the several counties of the state on proi^erty,
polls and income.

Sec 4, That this act shall be in force from its ratilication. When a-t to be in

Ratified the 11th day of March, A. D. 1871.

CHAPTER CXXIY.

an act in relation to convicts.

Section 1. 21ie General Assemhly of Narth Carolina do (jcrtain convicts
enact, That all convicts who are sentenced to imprisonment [,'j*toV(MTt'(-nrnirv.
for the term of two years or any longer term, shall l)e re-

192

1870-' 71. —Chapter 124.

state not liable
for expense until
convicts are in
Penitentiary.

County Oonimis-
sioners nuiy em-
ploy convicts.

Powers conferred
on County Com-
missioners.

Powers conferred
on officers in
charge of con-
victs.

ceived into tbe Penitentiary, and tlie commissioners of siicb
penitentiary shall have no power to make any order in con-
travention of this provision, or exercise any discretion in the
matter.

Sec. 2. That convicts sentenced to imprisonment for the
term of one year or any longer term less than two years,
shall be received as soon as practicable into the penitentiary,
and the commissioners are allowed to exercise their discre-
tion as to the reception of such convicts tmtil tnrther action
by the legislature.

Sec. 3. That the state shall not be held liable for the
expense of maintaining convicts imtil they shall have been
received at the penitentiary, nor shall any moneys be paid
out of the ti'easury for support of convicts prior to such re-
ception.

Sec. 4. That the county commissioners of any county may
provide for the employment of all convicts who have hereto-
fore been sentenced to the penitentiary for a term less
than two years, now remaining in county jails, work -houses
and pi'isons, or that may hereafter be sentenced to imprison-
ment with hard labor for any term less than two years, as
prescribed in chapter thirty -five of public laws of one thou-
sand eight huiulred and sixty-six, ratified the second day of
March, one thousand eight hundred and sixty-six, and all
powers given tothe justices of the court of pleas and quarter
sessions in said chapter are hereby conferred upon the board
of county commissioners of the several counties of the state,,
and in addition to the mode of employment prescribed in
said chapter, such convicts may be employed in working-
upon the public roads or in any other useful labor the com-
missioners may order, and such guards may be employed as-
may be necessary to secure such convicts while at labor, and
to take them forth and return them to the jail or warkhouse^
when not employed in labor ; and all powers given to the
managers of the workhouse in said chapter, are hereby con-
ferred upon any officer appointed to take charge of such con-
victs, or upon the sheriff of the respective counties.

1870-'71.— CiiAPTEK 124—125—126. 19?

Sec. 5. The commissioners sliall have the same power of commfssione" "^
providing for the expense of working public roads by con-
victs as are given to the justices ot the county court for
erecting workhouses and emplo^'inent of convicts.

Sec. 0. All laws and clauses of laws coming in conflict Repealinsr clause,
with this act be and the same are hereby repealed.

Sec. 7. This act shall l)c in force from and after its rati- Wheu act, to be in

forcej

ncation.

Ratified the loth day of March, A. D. 1871.

CILAPTER CXXV.

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF
WILKES AND ALLEGHANY.

Section 1. Tim General Assemlly of North Carolina do Oouuty lines.

ena^i, That all that poition of Wilkes county comprised

within the following boundaiy, viz: beginning in the county

line at the Airbellows i-iiiuiiiig a straight line to Ellis Knole ;

thence a str;iight liiie to tlie county line at Abram Brown's

place in P'nnicis l*ry;in's field, be and the same is hereby

annexed to, and shull ibnii a part of Alleghany county.

Sec. 2. That this act shall be in force from its ratification. When act to be iit

force
Ratified the Kith day of March, A. D. 1871.

CHA PTEK CXXYI.

AN ACT TO I'KKVKXT THE FELLING OF TREES INTO LITTLE

KIVER.

Section 1 . The General As^iemhly of North Carolina do Pc^son^^ not to

*^ *^ fell trees or Dluct^

ena<:t, That it shall not be lawtul for any person to fell trees any other oi)8truc-

^ .1 1 i .• • . T 'z^xi • 1 1. Ti- tions in Little or

or place any otiier obstruction into Little nver between Iv. Nc„se rivers.

194

1870-'71.— Chapter 120— 12T.

When-act to be in
force.

B. AYhitlej's mills, in Johnson county, and tlie outlet of said
river into !Neiise river, and any person felling timber into,
or otherwise obstructing said river, shall be deemed guilty
of a misdemeanor and punished as in otlier misdemeanors,
and shall further be liable to the parties injured for all the
damages arising cut of a violation ol this act ; Provided^
That the construction of dams tor mills or otlier machinery
shall not be deemed an obstruction within the meaning of
this act.

Sec. 2. This act shall be in force from and after its ratifi-
cation,

Eatified the 16th day of March, A. D. 1S71.

CIIArTER CXXVII.

AJSr ACT TO INCOEPOEATE THE HIAWASSEE AND CIIEOAH TURN-
PIKE COMPANY.

Corporators. SECTION 1. The General Assenibly of Wovth Carolina do

enact, That the following named persons, viz : Mercer Fain,
Harman Living-good^ J. T. Lenoir, James C. Axley, D. C
Ghomley, N. F. Cooper and E. B. Olmsted, their associates,
successors and assigns, are hereby constituted a body politic
and corporate^ under the name and title of the Iliawassee and

Corporate name. Cheoah Turnpike company, with power to make by-laws for
its government, provide for election of directors and all other
officers, and with all other privileges and incidents belonging
to corporations under chapter ninety-six of the revised code,
or any other general law of the state which ma}' at any time
be passed.

Sec. 2. Said corjjoration shall have power to make and
keep in repair a turnpike road running from the Lliawassee
Turnpike road at or near the mouth of coal pit branch in
Cherokee county, so as to intersect the Cheoah Turnpike
road at or near the mouth of Snowbird or Buffalo creek, at

Powers and privi
leges.

Ijocation of road.

1S70- 71.— CiiAi'TER 127. 195

tlie nearest and most praeticaltle route. Tlie dimeDsions
and mode of construction of said road to be determined by
tlie directors of tlie company. Fn no place shall said road
be stccpc!- than one foot in twelve, and shall be sixteen feet
wide on level land, and fourteen feet wide in side digging,
excepting in solid rock, where it shall be tM'elve teet wide.
Tlie county coniinissionei's shall have the power to lix and
charge such reasonable toll, and erect toll gates as they
think best.

Sec. B. AVhenever land oi- rii:;ht of wav shall be needed by Right to coudemu
said company tor the jturpose ot constructing its road, to
supply stone, gravel or other material, if the parties cannot
agree, the same may be taken at a vabiation to be made by
a commission of five Irceliolders to be chosen by two justices
of the peace of the county where the land lies, or by the
county commissioners thereof, which valuation made on oath. Valuation of ijuid.
shall be recorded in the registers books, and payment of the
valuation or tender theriot ; or in case the owner does not
reside in the county, on de])08it of the same in the office of
the clerk of the su]>e;!(ii- court, the said land or right of way
so valued, shall vesr i" the cdmpan}' so long as it shall be
nsed foi- the puiposes thereof. Either party may appeal
from the decision of the commissioners, but no proceedings
made under tliis section shall hinder or delay the company,
or delay their M'ork. Ten days notice shall be given of the
time and place of the meeting of the commissioners, or if the
owner of the land does not reside in the county, then ten
days notice by aihertisement (tii the land and in a newspaper
in the county, or if thei-e be none, then at the door of the
court hcnise and two other ])ublic places in the county shall
be sufficient notice. The right of condemnation shall not,
except for materials for construction, include more than
thirty feet on each side of the centre ot the road, but for toll-
houses, not exceeding one acre ; Provided, That this right
of condition shall not iMclnde any yard, garden or burial
ground.

Si:c. 4. Said cduipauy shall have ])ower to issue certificates certificates of
of stocks to an amount n^t to exceed twenty thousand dollars, '^^^^^'

196 1870-'71.— Chapter 127—128. >

in shares ot twenty-live dollars each, and shall continue in !

force for fifty years. i

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

force. 1

cation. .

Ratified the 16th day of March, A. D. 1871. '\

CHAPTER CXXYIII.

AN ACT TO AMEND THE CHARTER OF THE CHEOAH TURNPIKE

COMPANY.

Location of road. SECTION 1. The General Asseiiibly of Noi'th CaTolina do
enact, That Stephen Whitaker and his associates be and
they are hereby authorized and empowered to build a turn-
pike road beginning on the Cheoah Turnpike Road, in the
county of Cherokee, on the west side of Tennessee river,
within one mile of said river, and running thence by the
most practicable route to Whitaker's ferry, on said river ;
thence up said river to the road leading across the Smoky
mountains to the Tennessee line.
Rates of toll. Sec. 2. That the tolls on said road and ferry shall be as

follows. The gate to be at or near said ferry :
On one horse gig, sulky or buggy,

" two horse buggy or carriage,

" six horse road wagon,

" five horse road wagon,

" four horse road wagon,

" three horse road wagon,

" two horse road wagon,

" one horse cart or wagon^

" peddler's wagon,

" each horse and rider,

" each footman,

" each head of cattle,

" each head of hogs or sheep,

cents.

1.00

1870-'71.— Chapter 128—129. 19T

Sec. 3. The tolls by section five of an act, chapter one Further rates.
liundred and ten of one thousand eight hundred and sixtj-
aix and sixty-seven, shall be as follows :
On one horse, gig, sulky or buggy,

" two horse pleasure carriage,

" six horse road wagon,

^' five horse road wagon,

*' four horse road wagon,

^' three horse road wagon,

•^' two horse road wagon,

■^' one horse road wagon,

" each horse and rider,

■" each peddler's wagcn,

" cattle or horses each.

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

force,
lication.

Ratified the 16th day of March, A. D. 18T1.

CIIAPTEE CXXIX.

A2J ACT TO ANNEX PART OF KUTHERFORD COUNTY TO BURKE

COUNTY.

Section 1. The General AssenMy of North Carolina do Portion of Ruth-
■enact, That that portion of Rutlierford county included bSexedto***
within the following boundaries, to-wit: beginning at the Burke county,
corner where Rutherford, McDowell and Burke unite, and
running along the top of the ridge of the South mountain as
the line now runs to the corner where Rutherford, Cleve-
land and Burke unite, thence by a direct line to the begin-
ning, be and the same is hereby annexed to, and shall form
a part of the county of Burke.

Sec. 2. This act shall be in force from and after its ratifi- When act to be ia
nation. ^"'■^^•

Ratified the 16th day of March, A. D. 1871.

198

1870-'T1.— CuAPTER 130—131.

CIIAPTEE CXXX.

AN ACT TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONERS
OF WRECKS FOR HYDE COUNTY.

Commissioners of
wrecks for HydejJ
county.

Kepealiug clause.

When act to be in
force.

Section 1. Tlie General Assembly of Noi^th Carolina do
enact, That the county commissioners of the county of Hyde
shall, whenever it may be necessary, appoint the commis-
sioner of wrecks for each district of said county, who shall
hold his office for two years from tlie date of his appoint-
ment, and enter into bond as is provided by law.

Sec. 2. All laws coming in conflict with this act be and
the same are hereby repealed.

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

Eatified the 16th day of March, A. D. 1871.

CHAPTEE CXXXI.

AN ACT REQUIRING SIIERn'FS AND CORONERS TO GIVE NOTICE
TO PARTIES IN WHOSE ^A^•OR THEY MAY HAVE PROCESS
FOR COLLECTION OF MONEY.

Sherift' to give
"written notice.

Section 1. The General Assemhly of Nm^tli Carolina do
enact, That it shall be the duty of every sheriff and coroner
to whom ?i feri facias, or venditioni exponas may be issued
from any court, to give written notice to the plaintiff in
such execution, or his attorney, of record specifying the time
when and place where he will sell the property of the defend
ant under such process ; Provided, That the plaintiff or his
attorney shall, before the issuing of execution, require such
notice by an entry upon the record to that effect, in which
case the clerk shall note such requirement upon the execu-
tion before delivering the same to the sheriff or coroner.

1S:0-71.— CiiAi>Ti:ii 131. 199

Sec. 2. The slicritt' or coroner sluiU receive a fee of iwen- J^' receive a fee

tor eervmu; notu e.

ty-live cents for the service of such notice, it the same be
made iu the county to which said process is issued. If the
phiintiif or his attorney shall reside out of the county of the
shcrilf liaving the process, service thereof shall be made by
mail, and for such service the officer shall receive fifty cents.
The fees allowed by this section shall be paid by the plain-
tiff.

Sec. o. Whenever a sheriff or coroner shall propose to lay nouiesteud or
off a homestead or personal pro}>erty exemption, for any debt [.'xctnpttou'*'^'^''*^
against wh.oui he has process as aforesaid, lie shall give
notice thereof in writing, to the plaintiff or his attorney,
ten days prior to the laying off" the same, and shall receive
for service thereof the same fees as are prescril)ed in section
two of this act.

Sec. 4. The notice provided for by section one of this act, Time of serving
shall be given five days prior to the sale of personal pro- "aie'.*^'^ '"'"'^
perty, and ten days prior to the sale of real estate.

Sec. 5. Any sheriff, coroner or clerk who sliall fail to Rei>eaiiii"- clause.
comply with the provisions of this act shall bo deemed
guilty of a misdemeanor, and shall also be lialde for such
damages as the ])]aintitf shall sustain by reason of such
neglect.

Sec. fi. All laws coming in conflict with the provision^ When act to be in
of this act are hereby repealed. ^"'''^^^•

Sec. 7. This act shall be in force from its ratification.

Eatified the ITth day of March, A. D. 1871.

200 1870-'71. -Chaffer 132—133.

CHAPTER CXXXII.

AN ACT TO AMEND SECTIONS NINE AND TEN, CIIAPTEE EIGHT,
OF AN ACT KELATIVE TO THE WESTERN TURNPIKE ROAD,
&C., PASSED SESSION ONE THOUSAND EIGHT HUNDRED AND
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIX-
TY-NINE.
/

Amendment to SECTION 1, The General Asseniblii of North Carolina do

act of March 17, . . , , . ,

1869. enact, That sections nine and ten ot an act relative to the

"Western Turnpike road, ratified March seventeentli, one
thousand eight hundred and sixty-nine, be amended so as to
authorize the county commissioners of Macon county to fix
the compensation of gate keepers autlion'zed in said act, at
any sums in their discretion, not to exceed twenty per cent,
ol the gross amount of tolls received at their gates re-
spectively.

Sec 2. That the following words, to-wit : shall reside on
or near said road, and found in section one lines eleven and
twelve of said act, be and the same are hereby repealed.

When a«t to be in Sec. 3. This act shall be in force from and after its rati-

*"^*^^' fication.

Ratified the ITth day of March, A. D. 1871.

CHAPTER CXXXIII.

AN ACT TO SUPPRESS SECRET POLITICAL ORGANIZATIONS.

Secret political SECTION 1. Th^ General Assembly of North Carolina do

organizations pro- ^, .,. x i.i v

Libited. enact, J hat it any person, tor the purpose ot compassing or

furthering any political object, or aiding the success of any
political party or organization, or for resisting the laws,
shall join or in any way connect or umite himself with any
oath-bound secret political or military organization, society

► .1870-71.— Chapter 133. 201

or association of wliatsoever name or character, or shall form,
or organize, or combine and agree with any other person or
persons to form or organize any such organization, or as a
member of any secret political or military party or organiza-
tion shall use or agree to use, any certain signs or grips or
passwords, or any disguise of the person or voice, or any
disguise wliatsoever for the advancement of its object, and
shall take or administer any extra judicial oath, or any secret
solemn pledge, or any like secret means, or if any two or
more persons for the purpose of compassing or furthering
any political object, or aiding the success of any political
party or organization, or for circumventing the laws, shall
secretly assemble, combine or agree together, and the more
effectually to accomplish such purposes, or any of them, shajl
use any certain signs or grips, or pass words, or any disguise
of the person or voice, or other disguise whatsoever ; or shall
take or administer any extra-judicial oath or other secret
solemn pledge, or if any persons shall band together and
assemble to muster, drill or practice any military evolutions
except by virtue of the authority of an officer recognized by
law, or of an instructor in institutions or schools in which
such evolutions form a pait of the course of instruction, or if
any person shall knowingly permit any of the acts and
things herein forbidden to be had, done or performed on his
premises, or on any premises under his control, or if any
person being a member of any such secret political or mili-
tary organization, shall not at once abandon the same and
separate himself entirely therefrom ; every person so offend- Penalty,
ing, shall be deemed guilty ot a misdemeanor, and upon
conviction thereof, shall be fined not less than ten nor more
than two hundred dollars, or imprisoned, or both, at the
discretion of the judge of the superior court.
Katified the ITth day of March, A. D. 1871.

202

1870-71.— Chapter 131—135.

CHAPTER CX XXIV. j

i
I

AN ACT TO KKl'EAL CERTAIN SECTIONS OF AN ACT RATIITEK '
AITGUST SEYP:NTEENT1I, one thousand EIGHT IIINDREI*
AND SIXTY-EIGHT, ENTITLED AN ACT TO ORGANIZE A MILITIA
OF NORTH CAROLINA.

Repeal of act of
August 17, 1868.

Proviso.

WliOD act to take
effect.

Section 1. The General AssenibJy of North Carolina do
enact, Tliat all those sections from the eighth to the twenty-
second inclusive, of the act ratified August seventeenth, one
thousand eight hundi-ed and sixty-eight, entitled an act to or-
ganize a militia of North Carolina, are hereby repealed ;
Provided, That the governor be and he hereby is directed
to have returned to the arsenal at Raleio-h all arms and
equipment. now in tlie possession of the detailed militia, and
he is authorized to draw a sufficient sum, not to exceed one
hundred dollars, from the treasury to paj^ cost of trans-
portation.

Sec 2. That this act shall take effecr from and after the
date of its ratification.

Ratified the 17th day of March, A. D. 1871.

CHAPTER CXXXV

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF MACON
COUNTY TO LEVY A SPECIAL TAX.

PreiMnble. WiiEREAS, The county comnn'ssioners of Macon county

have used, in paying the ordinary indebtedness of said county,
a fund collected out of the tax of one thousand eight hun-
dred and sixty nine, which, by the provisions of the con-
stitution, belongs to the educational fund ; therefore.

Limitation of tax. SECTION 1. The General xissendjly of JVorth Carolina do
enact, That the county commissioners of Macon county be

1870-71.— Chapter 135—136. 203

and tliey are hereby authorized to levy a special tax on the
taxable property of said coimty, not to exceed the sum of
six hundred doHars, to replace said educational fund.

Si:c. 2. That the said tax shall be laid, collected and
accounted for in the same way and at the same time as other
tax for the year one thousand eight hundred and seventy-
one.

Sec. 3. That this act shall be in force from and after its When act to be iu

force,
ratiticafion.

Eatified the 21Hh day of March, A. D. 1871.

CHAPTER CXXXVI.

AN ACT TO CnAN(iE THE TIME OF HOLDIN'J TUE SPKING TEKM
L¥ THE SUPEKIOK COURT FOR THE COUNTY OF MARTIN, FOR
THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVENTY-
ONE.

Chii litre of time iu

Section 1. 27(e General Aasemhly of Norilt Carolina do hoi'di'ni,' spring
enaet, Tliat the spring term of the superior court for the *"'■"' °^ '■""'■^•
county of Martin for the year anno djmini one tliousand
eight liundred and seventy-one, shall be held on the twelfth
Monday after the third Monday in February.

Sec. 2. That all processes, recognizances, and other legal
proceedings in civil and criminal actions, which have al-
ready been issued and had, or which may hereafter be issued
and had, returnable to the next term of said superior court
shall lie deemed and held returnable to the term of said
superior court as now fixed by this act, and all ]>ersons who
have been i-ecognized, or bound and summoned to a]')pear at
the next term of said superior court, are hereby rcipiired to
ap}jcar at the term as prescribed in this act, and the secre-
tary of state shall forthwith cause this act to be ])ub]i6hed
and furnish the sheriff and clerk of the superior court of tlie
above named county, with a copy of said act.

204 1870-'71.— Chapter 136—137.

Repealing clause. Q^^ o rpj^,^^ ^|| j^^,g ^^^ ^.^^.^^ ^^^ j^^^^^ inconsistent with
this act are hereby repea]ed.

Wheo act to take Sec. 4. This act shall take effect from and after its rati-
cffect. ,.

11 cation.

Eatified the 18th day of March, A. D. 1871.

CHAPTER CXXXVII.

AN ACT TO COMPEL SHERIFFS TO SETTLE THE PUBLIC TAXES.

Sheriffs failing to SECTION 1. The General Asse?n7dy of JVoH/i Carolina (lo
pay taxes to "^ '^

Treasurer guilty e7iact. That every sheriff who shall fail to pay to the treas-
of felonv. . .

iirer of the state the public taxes that may be due from him for

the fiscal year ending September thirtieth, one thousand eight
hundred and sevent}', within twenty days after the ratifica-
tion of this act, shall be deemed guilty of a felony, and on con-
viction thereof, shall be fined in a sum not less than three thou-
sand dollars, or imprisoned in the penitentiary for a term
not less than five years or both, at the discretion of the
court : Provided, That sheriffs who have had their time for
their settlement with the treasurer extended by this general
assembly, shall not be amenable to the provisions of this
act, until twenty days after the expiration of said time.

Proceedings Sec. 2. That it shall be the duty of the treasui-er, imme-

asainst defaulting , . , ^ , . . ,. i . . ,. i . , .

sheriffs. cliately after tlie expiration of tlie time specified m this act,

to furnish the solicitor of the 4th judicial district with tlie
names of all defaulting sheriffs, who shall institute proceed-
ings against them in the superior court of Wake county :
Proiyided, This act shall be published in two newspapers
in Raleigh for twenty days.

Wheu act to be in Sec. 3. That this act shall be in force from and aftei* its
force.

ratification.
Ratified the 21st day of March, A. D. 1871.

1870-71.— Chapter 13S— 139, 2('5

C 11 A P T E R C X X X Y II I .

AN ACT MAKING AN Al'PROPRIATION FOR THE DEAF, DUMB AND
BLIND ASYLUM.

Section 1. The General Assemhly of North Carolina do Appropriation of

enacts That the sum of forty tliousand dollars is herebj ap- ' "

propriated for the purpose of defraying the expenses of the

deaf, dumb and blind asyhnn, during the cnrrent tiscal year,

commencing January first, one thousand eight hundred and

seventy-one, and ending January first, one thousand eight

hundred and seventy-two.

Sec. 2. That the public treasurer be and is hercbv author- Treasurer to pay
1 • 1 ,' I- 1 1 n " 1 amount,

ized to pay the said amount of forty thousand dollars to the

treasurer of said asylum, out of any moneys in the treasury

not otherwise appropriated : l^roiudcd, That amount above

stated be dr iwii quarterly in equal installments.

Sec. 3. This act shall be in force from and after its rati- wiieu act to be in
fication.

Ratified the 2l6t day of March, A. D. 1871. /

C II A r T E R C X X X I X .

AX ACT IN RELATION TO FEES OF COUNTY OFFICERS AND THE
SUPREME C0UI;T CLERK.
«

Section 1. llm General AsscmhJij of North Carolina do Per diem of Com-

.."'., . iiiit.«ioiier8.

enact, lliat the count)' commissioners of their respective
counties shall receive ^\\(A\ j^er diem, not exceeding two dol-
lars, as a majority of any Ijoard may fix upon.

Sec. 2. County treasurers shall receive as a comiiensation Py*of County
. . , Treasurers,

in full of all services required of them Ity law, such a ).er

centuju, not/ exceeding two and a hall, on aiiKjimt of re-
ceipts and disbursements, as the c<junty commissioners or a
majority of them may deem adequate and proper.

2)6 ISTO-'Tl.— CiiArTER 139.

County Survey- g]^(^,, 3, Connt\' Surveyors, chain-carriers, entry takers,

ors, <xc-. . . ' ^ '

rangers, commissioners ot aiiidavits, processioners and stand-
ard keepers, shall receive the fees respectively prescribed
for them in chapter one hnndred and two of the revised code,
and no others.
Fees of Sherifls. Sec. 4. 1. Feesof sheriifs : Executing summons or any other
writ or notice, by simply delivering a co])}^ to the party or
his attorney, sixty cents.

2. Arrest of a defendant in civil action and taking bail,
including attendance to justify, and all services connected
therewith, one dollar.

3. Arrest of a person indicted, including all services
connected with the taking and justihcation of bail, one dol-
lar.

4. Imprisonment of any })erson in a civil or criminal
action, thirty cents ; and release from prison, thirty cents.

5. Executing subpoena on a witness, thirty cents.

6. Conveying a prisoner to jail to another count}-, ten
cents per mile.

' T. For prisoners guard, if any necessity-, and approved
by the county commissioners, going and returning, per mile
for each, five cents.

8. Exj^enses of guard and .jI other expenses of conveying
prisoner to jail, or from one jail to another for any purpose,
or to any place of punishment, whatever sum may be allowed
by the county commissioners of the county in which the indict-
ment was issued, on the affidavit of the oftlcer in charge.

9. Feeding prisoners in county jail per day, to be fixed
])}' the commissioners of the co4mty.

10. Providing prisoners in county jail with suitable beds,
bedclothing, other clothing and fuel, and keeping tlie prison
and grounds cleanly, whatever sum shall be allowed by the
commmissioners of the count}'.

11. Collecting fine and costs from convict, two and a half
per cent, on the amount collected.

12. Collecting executions for money in civil actions, two
and a half per cent, on the amount collected.

1S70-T1.— CiiAiTEii 139. 207

13. Advertising a sale of property under execution, at Fees uf .-horitrs.
-each public place required, lifteen cents.

14. Seizing speciiic property under order of a court, or
executing any other order of a court or judge, not specially
provided for, to be allowed b}^ the judge.

15. Taking any bond, including furnishing the blanks, fifty
cents.

16. The actual expense of keeping all property seized
under process or order of court, to be allowed l)y court on
the affidavit of the officer in charge.

] 7. A capital execution, ten dollars, and actual expenses
ot burying the body.

18. Summoning a grand oi- ])etit jury, for each man sum-
moned, thirt}' cents, and ten cents for each person suuiuiuued
on a special venire.

19. For serving any writ or other process with the aid of
the county, the usual fee of one dollar, and the expense
necessarily incurred thereby, to be adjudged l)y the county
icommissioners, and taxed as other costs.

2(1. All just tees paid to any printer for any advertise-
ment required by law to be printed by the sheriff.

21. JJringing up of a prisoner upon luiheas cor^'ii^^ to tes-
tify or answer to any court or before any judge, one dollar,
and all actual and necessary expenses for such services, and
ten cents per mile by the route most usually tra\elled,
.-and all expenses for any guard actually employed and neces-
sary.

22. For sunnnoning and qualitying appraisers, and for
performing all duties in laying off homesteads ami pei'sonal
proj^erty exemptions, or cither, two dollars, to be included
in the bill of costs.

:23. For levying an attacliment, one dollar,

'24. For attendance to qnalify jurors to lay off dowei-, of

commissioners to lay oil' year's allowance, one doll.ir; ;ind

for attendance to qualify commissioners for any othei- ])ur-

pose, seventy-five cents.

25. Executing a deed for land oi- any intei-cst in land .-old

under execution, one dollar, to be )»aid I>y the purchaser.

208 1 8 T0-'71.— Chapter 139.

26. Service of writ of ejectment, one dcllar.

27. For every execution, either in civil or criminal cases,
fifty cents.

w?s! "* ^"^^^^' Sec. 5. Fees of Constables : 1. Executing a summons, or
anj* other writ or notice, simply by delivering a copy to the
party or his attorney, forty cents.

2. Arrest of" a defendant in a civil action, and taking bail,
including attendance to justify, and all services connected
therewith, fift}' cents.

3. Executing sul)pcena on a witness, fifteen cents.

4. Collecting executions for money in civil actions, two
and a half per cent, on tiie amount collected.

o. Suuinioning a jur}', for each person summoned, fifteen
cents.

6. Advertising a sale of ])roperty under an execution, at
each public place required, ten cents.

7. And for all other services, same as are now allowed
sheriffs.

Juroi-h' per dkm. Sec. (I. 1. Juroi'sto the Superior courts, per day, what
shall be allowed by the county commissioners of the county,
not exceeding one dollar and fifty cents.

2. Per mile of travel, going to and returning from court,
not exceeding five cents, to be fixed by the county commis-
sioners, and such ferriage and tolls as they may have to paj'.

3. The same pay shall Ije allowed to special jurors when

sworn to serve dm-iug the day, but no tolls, ferriage or

mileage.

Clerk of Supreme Sec 7. The salarv and fees of the clerk of the supreme
Court. "

court shall be as provided in section twonty-fi\'e, chapter

one hundred and two, of tlie I'cvised C(jde.
Register of deed..^. [^i.-.._ s. 1. The Ilcgisters of Deeds shall be allowed,
while and when acting as clerk to the board of commission-
ers, such per diem as their several boards ma}' respectively
allow, not exceeding two dollars.

2. liegistering any deed or other writing authorized to be
registered or recorded by them, with certificate of probate
or acknowledo;ment and private examination of a married

lSTO-71.— Chapter 139. 20^

M'onian, containing not more than three copy sheets, eighty Register of dceds^
cents ; and for every additional copy sheet, ten cents.

3. For a copy of any record or any paper in their offices,
like tees as tor registering the same.

4. For issuing each notice required by the county com-
missioners, inchiding subpoenas for witnesses, fifteen cents.

5. Recording eac!i order of commissioners, if over one
copy sheet, for every one over, ten cents.

6. Making out oi-iginal tax list, two cents for each name
thereon ; for each name on each copy required to be made,
two cents.

7. Issuing marriage license, one dollar.

Sec. 9, 1. Justices shall receive no fees whatever, except Justices.
the following : for attachment, twenty cents.

2. Transcript of judgment, ten cents.

3. Summons, twenty cents; if more than one in same
case, for each adiHtional, ten cents.

4. SubpuMia, for each witness, ten cents.

5. Ti'ial of an issue and judgment, forty cents.

(5. Taking an athdavit, bond or uiulertaking, ten cents.

7. l'\)r jury trial and entering venlict, forty cents.

8. Execution, twenty ceiit>.

9. Renewal of executi'ui, five cents.

10. Return to an a])pe.il, thirty cjnts.

11. Oi'der (if an-cst in civil action, twenty cents.

12. WaiTant t'oi- ni-rest in criminal cases, or in liastai'dy,
thirty cents.

13. AVa''i-ant of cummitiiunt, twenty cents.

14. Coiiuiii.-sion t • take depositions, fifteen cents.

15. Taking dc[)ositio:is on order ov commiesion, per c<i])y
sheet, ten cents.

10. Malting necess iry cei'tificate and return to same, tliiily-
five cents.

17. Each justice of the ])eace wlio is a memljer of tlie
board of townslii]) trustees, shall receive one dollar /'^v (liein
for each day's attendance U]>on the meetings of the boai-d.

Sec. K'. 1. Fees of coroners shall be the same as are or (joronoi^.
may be allowed sheriffs in similar caees.

210 1870-71.— Cn.vi'THR IZ^).

Coroners. 9. Yov holding ail inquest over a dead body, five dollars ;

if necessarily engaged more than one day, lor each additional
day, five dollars.

3. For burying a pauper over whom an inquest has been
held, all necessary and actual expenses, to be approved by
the county commissioners, and paid by the county.

4. It shall be the duty ot every coroner, where he or any
juiTmaii shall deem it necessai'v to tbe better investigation
of the cause or manner of death, t<> summon a physician or
surgeon, who shall be paid for his attendance and services,
ten dollars, and such further sum as the conniiissioners of
the county may deem reasonable.

Clerks!''' ^'*'"'^ Sko. 11. 1. "superior court cierk. For every original

wi-it of summons, or other origiujd leading process, one
dollar ; and no additional allowance for any names inserted,
and for every duplicate thereof, tweuty-ti'>e cents.

2. Recording a i-eturn of a shci'iif oi- other ministerial
officer, ten cents.

3. Heceiving, tiling and noting on tb.e ducket any plead-
ing or demurrer, and delivering copies hied to the parties to
Mdiom addressed, ten cents.

4 Entering order enlarging time for pleading, twenty-
live cents.

5. Entering iudc>;ment and verdict, fifty cents.

P). Judgment on any (juesticn anthorized to be decided by
him, if there be an a])pcal to the judge, including statement
of the case on the appeal from his decision to the judge, and
acknowledging receipt of decision of the judge, and notifying
each attorney thereof, one dollar.

7. Transcript of record foi* a judge on i.ssue of law joined
on the pleadings, and acknowledging receipt of decision of
the judge, and notifying each attorney theieof, fifty cents.

8. Taking an affidavit to witness or jui'or's ticket, or any
other affidavit, ten cents.

9. Transcript of case and record for supi-eme court, two
dollars.

10. Transcript of judgment, twenty -five cents.

11. Mailing transcript, post paid, tifteen cents.

1S70-71.— CuAiTEK 130. 211

12. Docketin*'- aiiv iiKliiUitMit on execution docket, twenty- f"P^''"i<>"" Court
five cents.

13. Aflixiiii": seal ofconrt when necessary, ten cents.

14:. Entering on record any oixler or judgment of a judge
on a matter which he has ji]ris(hc'tion to decide out of term,
if not more than one C(>;)v sliect. fifteen cents; if more tlum
one copy sheet, ;or e\ei'y one (i\ er the lirst, ten cents.

15. Issuing suh[)(ena fn- witnesses, ft>r each name, fifteen
cents.

10. Copy of any i-ecord or othei* writing in his office, per
copy eheet, ten cents.

17. Prohate or acknowledgment of a deed, or a writing of
any sort anthoi'ized to he ]>roved, and taking private exami-
nation of a married woman with a certificate tliereof, twenty-
five cents.

18. For ordering the registration of any deed or other
written instrument whicli has lieen proved in any otlicr
county, twenty-five cents.

10. Prohate of a will \u {'ominon form with a certificate
and issuing letters t<>stamentai-y, seventy-five cents.

2<>. Pecording will or rclurns of executors, administrators,
guardians or trustee- rcfjnired to make returns, ten cents ]K'r
opy slieet.

21. Clrant of !ett(?!"s of administration of any sort, and
talking bond of administrated-, including justification of sure-
tics, seventy-live cents.

22, Every notice recpiired to he is^ned by clerks, ten cents.
23- Grant of guardians^hip, inchiding taking bond and

justification of sureties, fifty cents.

24 Apprenticing infant, including indenture, seventy five
cents.

25. Entering caveat on conte.-ted will, twenty cents.

20. Rec(>rding articles of agreement of j»ro[)osed cor])ora-
tion, two dollars.

27. Issuing commission of any sort, seventy-five cents.

2S. Entering return <-o co:iinu".«sion, and onler for regis-
tration of deed, ten cents.

1870-'71.— Chapter 139.

Attorneys.

Witnesses.

29. Auditing account of executor, administrator, guardian
or other trustee required to return accounts, fifty cents, if
not over three hundred dollars ; eighty cents it over three
hundred and not over one thousand dollars ; if over one
one thousand dollars, one dollar.

30. Continuance of a cause, thirty cents.

31. Execution, thirty-five cents.

32. Issuing capias, one dollar.

33. Taking a recognizance, ten cents.

34. Entering judgment against a defaulting juror, or
witness on bail bond or recognizance, twenty-five cents.

35. Justification of bail or sureties to an appeal twenty-
five cents.

36. Indictment, thirty-five cents.

37. Auditing final settlement of executor, administrator,
o-uardian and other trustee required to return accounts, one-
fourth of one per cent, of the amount on which commissioas
are allowed to such trustee, if not over one thousand dollars ;
an amount over one thousand dollars and not over five thou-
sand dollars, one-sixth of one per cent.; an amount over five
thousand dollars, one-tenth of one per cent.; but in no in-
stance to exceed fifteen dollars.

Sec. 12. Fees of attorneys. 1. In all cases in the supreme
court, fifteen dollars.

2. In all cases in the superior court, where the title to land
comes in question, ten dollars.

3. In other cases in the superior court, including petitions
and in all cases of petition in special proceedings in the su-
perior and probate courts, tour dollars.

Sec. 13. The fees of witnesses, whether attending at a
term of the superior court or before the clerk or a referee,
be one dollar per day. They shall also receive mileage
to be fixed by the county commissioners of their respective
counties, at a rate not to exceed five cents per mile for every
mile necessarily travelled from their respective homes in
»oino- to and returning from the place of examination by
the ordinary route, and ferriage and toll paid in going and
returning. If attending out of their counties, they shall

ISTO-'Tl.— Chaptek 139—140. 213 ■

receive one dollar per day and live cents per mile going and
letnrning by the ordinary route, and toll and ferriage '

expenses ; Provided, that witnesses before magistrates courts
shall receive fifty cents per day in civil cases; Provided \

furtJu-r, that experts, when compelled to attend and testify, |

shall be allowed such compensation and mileage as the court j

may in its discretion order.

Sec. 14. Sections two, three and four of chapter eleven Former law re-

^ . , . , enacted.

of chapter two hundred and seventy-nine, laws of one thou-
sand eight hundred and sixty-eight and one thousand eight
hundred and sixty-nine, are hereby re-enacted.

Sec. 15. Mileage to county officers within their respective Miiea!?e.
counties, is hereby abolished.

Sec. 16. Chapters one, two, three, tour, five, six, seven, Repe ling ciause|
eight, nine and ten, of title twenty-one, and title twelve of
the code of civil procedure, and chapters two, seven, eight,
nine and ten, and section one of chapter eleven of chapter
two hundred and seventy-nine and chapter one hundred and
forty-seven, lawif of one thousand eight hundred and sixty-
eight and one thousand eight hundred and sixty-nine, and
chapters eighty-eight and one hundred and sixty-eight, laws
ot one thousand eight hundred and sixty-nine and one thou-
sand eight hundred and seventy, and all laws and parts of
laws in conflict with, or giving any other fees than those
prescribed in this act, be and the same are hereby repealed.

Sec. 17. This act shall be in force from and after rts rati- When act to^be iu

force,
fication.

Katified the 21st day of March, A. D. 1871.

CIIAPT.ER CXL.

AN ACT TO AMKXD CflAITER ONK HUNDRED AND SIXTY, LAW8
OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-EKJHT AND
ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE.

Section 1. The General Ansenddy of North Ccrolina do
enact, That the provisions of chapter one hundred and sixty

214 ISTO-Tl.— CuAi'TKK UO— Ul.

of the laws of one thousand eight hundred and si\ty-eii;ht
and one tliousand eight hundred and sixty-nine, relating to-
the establishment and collection ot costs and tax fees, slndt
in like manner and effect be extended to the estaljlishment
and collection of costs, due to v;itii esses in cases vvlierein the
tickets })roven ])j such witnesses, have l»een lost or destroyed..

AincudiiRii'. Amend i)y adding the following to come in alter the word

" otherwise," in section live, line fovn- : And whereas, in
such other cases where deeds or any other matter should be
ot record, shall be lost or destroyed, the probate judge in
any such county where the same occurs, shall have the same
jurisdiction in tlie re-establishment of such lost deeds or
other matter.
*\viien act to lake Sec. 2. This act shall take effect from its ratification.

*'^'''^- Eatified the 21st day of March, A. D. 1S71.

CHAPTER CXLI.

AN ACT AMENDATORY OF AN ACT ENTITLED AN ACT TO ESTAB-
Lisn nUKXT RECORDS, itC. IN THE COUNTY OF CLAY.

Amendtncuttouc-t SECTION 1. The General Asfier/ihly of North Carolina do
?87o.'^'^'"''°'^ "''''' enact, That section one of an act entitled an act in relatioD
to burnt recoi-ds of Clay cc»unty, ratified December the twen-
ty-third, one thousand eight hundred and seventy, be
amended so as to read as follows : The general assembly of
North Carolina do enact, That all civil suits that were pend-
ing in said superior court at the time of said burning, may
be re-instated upon the docket by the plaintiff or plaintiffs,
upon petition sworn to according to law, and filed before the
judge of the superior court during term time, setting fortli
in substance tiie facts of the case according to said plaintilT
or plaintiffs, information and belief, and if said plantiff or
plaintift's elect to do so, a new suit may be instituted and
the costs of suit already incurred, shall be taxed in the cost?

1S70- 71.— Ci[APTER 141—142. 215

of said suit; Provided^ That in cither ease the detendant
or defendants shall liave ten daj'S notice thereof to their
canse why said suit shall not be so re-instated.

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

force.

cation.

Ratified the 21st day of March., A. U. 1871.

CHAPTER CXLII.

AN ACT TO TROVIDK FOR TnE LEVYINC^ OF A SPfXIAL TAX IN
THE COUNTY OF PEKQUIMANS.

Section 1. The General AssemJjhj of North Carolina do Limits of special
enact, That the commissioners of the county of Perquimans
are hereby authorized to levy a special tax not to exceed
live thousand dollars, to paj- the present indebtedness for
last .year, (one thousand eii^ht hundred and seventy,) and
for the support of the poor for the present 3'ear, (one thousand
eight liundred and seventy-one) ; Provided, That this act Proviso,
shall be submitted to the (pialified voters of Percpiinians
county for ratification or rejection at the first election held
in said county, and shall have no force or virtue until it has
been ratified by said county ; Provided, That the tax equal
to the tax levied on three hundred dollars worth of property,
shall be levied on each and every taxable poll in said county.

Sec. 2. This act shall be in force from and after its ratifi- wiicn act to tx' in
cation. ^'^'•^^•

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

216

1870-71.— Chaptek 243— 2M.

CHAPTER CXLIIL

AN ACT RELATIVE TO THE WESTERN TURNPIKE ROAD.

Rate of tolls on
Western Turn-
pike,

"WTien act to be in
force,

Section 1. The Genei'ol Asseinhly of Nm^th Carolina do
enact., That no person living in the county of Haywood
shall be required to pay at the toll gate, about eight miles
west of Asheville on the western turnpike road, more than
one-half the rate ot tolls now taken at said gate; Provided.,
This act shall only apply to persons going to or returning
from Sandy Bottoms ; Provided., fwHliei', That citizens of
Buncombe going into Haywood county not farther than R.
H. Penland's or Cathey's store, shall not pay any toll at the
gate in Haywood ; Provided, further, That citizens of
Henderson and Transylvania counties shall pay not more
than half toll at the gate in Buncombe.

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

Eatified the 21st day of March, A. D. 1871.

CHAPTEE CXLIY,

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE
COUNTIES OF POLK AND JACKSON TO LEVY A SPECIAL TAX.

Limitation Of tax. Section 1. The General Assemhly of North Carolina do
enact, That the county commissioners of the counties of
Polk and Jackson are hereby authorized and empowered to
levy and collect for the year one thousand eight hundred
and seventy-one, a special tax not to exceed two thousand

Object. dollars each, to be applied to the liquidation of the out-

standing debts of said counties ; Provided, That the county
commissioners of the county of Polk shall not be authorized
by this act to levy or collect said tax until the question shall

1S70-'T1.— Chapter 144—145. 21T

be submitted to the qualified voters of said county and a ^o be submitted
majority of the votes cast shall be for the levying and collec-
tion of said tax.

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

force,
cation.

Ratified the 21st day of Marcli, A. D. 1S71.

CHAPTER CXLY.

AN ACT TO CHARTER THE CATAWBA VALLEY RAILROAD.

Seciton 1. The General Assenibly of North Carolina do Location of road.
enact. That for the purpose of constructing a railroad of one
or more tracks from the city of Charlotte or from Tucka-
seige Station on the Wilmington, Charlotte and Rutherford
Railroad, to the town of Newton, in Catawba county ; Pro-
vided, fimoever, That said road may be extended from Tuck-
asiege Station to some point (west of the Catawba river,) on
the Air Line Railroad leading from Charlotte to Atlanta,
and the same may also be extended from tiie said town of
Newton to the town of Lenoir, in Caldwell county, via
Hickory Station, if the same be deemed practicable and
proper, upon such line as the directors of said road may de-
termine, George Setzer, H. A. Forney, Daniel Roseman, corporatoial
Sydney Wilfong, D. B. Gaither, Dr. C. L. Hunter, J. A.
Sherrill, W. B. McLean, Henry Conner, J, M. Smith, M.
L. Cline, Thomas R. Tate, D. II. Hill, A. W. Davenport,
James Abernathy, W. W. Monday, William A. Graham,
junior, Sidney H. Johnson, and their associates and succes-
sors are hereby constituted a body corporate, under the name
and style of the Catawba Valley Railroad Company, with a corporate name,
capital stock of five hundred thousand dollars ($500,000) Capital stock,
with power to increase the same to five million, which shall
have a corporate existence, and as such, exercise the powers
herein granted in perpetuity as body politic, and by that

218

1870-'71.— Chapter 145.

Shares.

Corporate rights, name siiG and be sued, plead and be impleaded in any court
of the state of North Carolina, and may have and use a com-
mon seal, and shall be capable of purchasino^, holding and
conveying estate, real, personal and mixed, and of receiving
the same by gift or purchase, for tlie purposes herein con-
templated ; and the said company shall have and enjoy all
the rights and immunities which otlier corporate bodies may
lawfully exercise, and may make all necessary by-laws and
regulations for its government, not inconsistent with the
constitution and laws of North Carolina and the United
States.

Sec. 2. That the capital stock of said company may be
created by subscriptions on the part of individuals, munici-
pal or other corporations, in shares of the value of fifty dol-
lars ($50) each, which may be made in land, timber, labor or
money as may be stipulated.

Sec. 3. That books of subscription may be opened Ity
such persons, at such times and places, and under such rules
and regulations as the persons above named, or a majority
of them shall direct.

Sec. 4. That when the sum of fifty thousand dollars
($50,000) shall have been subscribed to the capital stock of
said company by solvent subscribers, a general meeting of
the stockholders shall be held after due notice, and such gen-
eral meeting, a majorit}' of the stockholders being present
either in person or by proxy, shall elect a board of directors
to consist of not less than nine (9) in number, as the stock-
holders shall determine ; and said directors shall elect one
of their number president, and such other officers as the
by-laws of said company may prescribe, and may do and
perform all other acts necessarj? to the complete organiza-
tion of said company, and to carry into effect the object of
this charter.

Sec. 5. That whenever aiiy land shall be required for the
construction of the road, or for warehouses, workshops,
water stations, depositories or other buildings or purposes,
and for any cause the same cannot be purchased from the
owner, the same may be taken by the directors at a valua-

Sul)6criptions.

Meeting of stock'
holders.

Board of direct
ors.

President.

Right to condemn
land, fa^c.

ISTO- 71.— Chapter 145. 219 1

• j

tiou to be ascertained as lollows: Tlie sheriff of the county

in which the said land may be, shall, at the request of the 1

president of said road summon live disinterested treeliolders \

of his county, who shall ascertain the value under oath to 1

be administered by the sheriff, they first deducting the ]

enhanced value of the land caused by said railroad, from such i

valuation, and adding any particular loss or damage, and \

upon the payment or tender, by the president ot the amount |

so assessed, the title ot the property so seized and appraised \
shall thereby vest injthe said corporation ; Provided, That Proviso,

either paity may appeal to the superior court of the county . ^

upon the (question of the amount assessed ; And, provided '

further, That not more than one hundred feet trom the '

centre of the road shall be liable to be so condemned. i

Sec. 6. That said corporation shall have power to borrow^ May borrow

, . money and issue i

money, to issue bonds or other evidences ot indebtedness so bonds. *.

created, and secure the payment of the same by mortgage of i

its property and effects, or otherwise ; may lease or rent to May lease road. I

any other corporation, or any person or persons, their line of j

railroad upon such terms as may be agreed on ; or may in ]

like manner become the lessee of the railroad of any other j

company ; Pn/vide'd, however, That none of the powers i
granted in this section shall be exercised unless assented to
by a majority in interest of the stockholders of said company
in a general or special meeting duly assembled.

Sec. 7. That the board of directors may call for the sum Payment of stock

subscribed as stock in said company in such installments as ^"^* ip i ns.

tlie interest of said company may in their opinion recpiire; ,

Provided, That not uioi'e than one-half of said subscri])tion \

shall be called for in one year ; the call for each payment shall i

be puljlished in one or more newspapers in the state for one '

month before the day of payment, and on failure of any |

stockholder to pay each installment as thus required, the j

directors may sell at public auction on a previous notice of n

twenty days, for cash, all the stock subscribed in said com- j

pany by such stockholders, and convey the same to the >

purchaser at said sale ; and if the said sale of stock does not i
produce a sum sufficient to pay off the expenses of sale, and

220

1870-71 .—Chapter 145.

Work to be com-
menced withiu
four years.

ManicipaUcorpo-
lations and coun-
ties may take
stock.

Question to be
sabmitted to
\oters.

the entire amount owing by such stockholder in the company,
then and in that case the whole of such balance shall be
held as due at once to the company, and may be recovered
of such stockholder, his executor, administrator or assigns,
at the suit of said company in any court of competent juris-
diction.

Sec. 8. That all the work hereby required shall be executed
with due diligence, and if it be not commenced w^ithin four
years after the ratification of this act, then this charter shall
be void.

Sec. 9. Thatit shall and maybe lawful for an incorporated
«ity, town, township or county in which said railroad may
be constructed, to subscribe for such amount of stock in said
company as they, or either of them, shall be authorized to
do by the qualified voters thereof.

Sec. 10. That the corporate authorities of such city, town,
township or county, are authorized to make an order direct-
ing the sheriff of the county or the constable of any city,
town or township, at such times and on such notice as to
them may seem proper, to open a poll and take the sense of
the voters of such city, town, towBship or county, quali-
fied to vote for city, town or township officers, or members
of the general assembly ; whether the corporate authorities
of such citj'^, town, township or county shall subscribe to the
stock of said company for such sum as the order shall pro-
pose; and the oflicer superintending such election shall make
return of the number voting for or against it to the said
corporate authorities ; that upon the return of said officer it
shall appear that a majority of votes cast at such election are
in favor of such subscription, then the said corporate authori-
ties of the said city, town, township or county, shall make
the subscription for such city, town, township oi" county ;
the said subscription to be paid for in bonds of said city,
town, township or county, or in cash, as the said corporate
authorities may elect; Provided^ however, That not more
than one-half of the amount thus subscribed, shall be called
for in one year ; and the said corporate authorities shall
cause to be issued city, town, township or county bonds,

1S79-'T1.— CiiAFfER 145—146 221

payaWe to said company in sums of not less than five hun-
dred (8500) dollars each, at such times and places as said j
authorities may direct ; and the said corporate authorities j
are hereby vested with full power to raise money by taxation ,
to meet any quota of their subscription, or any installment I
that mRX he due, and annually on the persons, land or other
property within said city, town, township or county, to i
provide for the payment of the principal and interest of the ,
bond so issued.

Sec. 11. That the profits of the company, or so much Division of profits
thereof as the board of directors may deem advisable, shall,
when the afi'airs of the company will permit, be annually or
semi-annually divided among the stockholders in the pro-
portion each may own.

Sec. 12. This act shall be in force from and after its ra;i- wiu-u act to be in :

force. 1

fication.

Ratified the 21st day of March, A. U. 1871. i

CHAPTER CXLVI.

AN ACT TO LAY OUT AND CX)NSTUUCT A ROAD TUKOUGH TUE
COUNTY OF ASUE.

Section 1. 77i^ (j<-vei'<il Asticmbbj of North Carolina do Location of road.
en-act^ That there shall be laid out and established a road
commencing at the county line between Ashe and Alleghany,
at the mouth of the Piney P'ork, of Cranberry creek, and
thence the most ])ractical)le rout* to Jefi'erson.

Sec. 2. Tliat the said road shall be made eighteen tect Dinicn.sions.
wide excei)t where tlieni sliall be side cutting, and in such
places it shall be fourteen feet wide, and in no part of the
road shall it rise, on ascending any hill or moiintftin, more (irade.
than one toot in eight, and to be well made as herein di-
rected.

Sec 3. That it shall be the duty of the couuty cuumiis- Enfjinecrand

. , commissioners.

sioners ot Ashe to appomt a competent engineer and two

222

1870-71.— Chaptee 146.

Valuation of con-
demned land.

County Commis-
sioners may en-
force labor on
road.

No person to work
more than 'M days.

Township trus-
tees to report
completion.

When act to be in
force.

commissioners to survey and locate said road, wlio shall take
an oath before the cliairman of the board of commissioners
ot their county to faithfully discharge their duties for the
best interest of their county.

Sec. -4. That if tlie owners of any lands through which
said road shall pass, shall consider him, her or themselves
injured thereby, it shall be competent for each person or
persons by petition to the county commissioners of the
the county praying for a jury to view the premises and
assess the damages sustained, and it shall be the duty of tlie
commissioners to order such jury to be summoned as incase
of such public roads ; and it shall be the duty of the jury to
take into consideration the benefit to the land as well as the
injury by making such road, and on report of the jury made
to and confirmed by the commissioners, the damage shall be
paid by the county.

Sec. 5. That if any person or persons shall claim damages
and call for a jury to assess them, and none are found, the
person or persons so calling shall defray all the expenses in
the case.

Sec. 6. That the county commissioners of the county
shall have power to call out all the hands of the county
liable to work upon public roads under existing laws, who
reside within five miles by compass line of said road at such
times and for such length of time as will not materially con-
flict with the farming interests of the county, to construct the
road.

Sec. 7. That no person shall be required" to work more
than thirty days on said road in any one year.

Sec S. That when said road provided for in this act has
been constructed as herein provided, it shall be the duty ot
the township board of trustees, through whose township said
road runs, to receive the same and report to the county com-
missioners that said road has been constructed according to
law.

Sec 9. That this act shall be in force from and after its
ratification.

Eatified the 23d day of March, A. D. 1871.

18T0-'71.— Ch.U'ter 117. 223

CHAPTER CXLYII.

AN^ ACT TO AMEND CHAPTEE SIXTY-SIX OF PUBLIC LAAVS OF
ONE THOUSAND EIGHT IIUNDKED AND SIXTY-NINE AND ONE
THOUSAND EIGHT HUNDKED AND SEVENTY, TO CONSTRUCT A
EOAD THROUGH THE COUNTIES OF ASHE AND ALLEGHANY.

Section 1, The General Assemhly of North Carolina do Amendment to

mi , • • n 1 1 . 1 chapter fi(i, laws

^enac% That chapter sixt^'-six of the laws ot one thousand of isg9-'70.
eight luuidred and sixty-nine and one thousand eight hnn-
dredand seventy shall be amended and explained as follows:
That the sixth section shall be amended as follows : the
count}- commissioners of Alleghany shall have power to call
out all the hands of the county liable to work on the public
roads under existing laws who reside within live miles of
said road, a compass line.

Sec 2. That in section eight, line three, after the word Mar- Township trus-

., ,, r^ . ,, 'i . ,, ri. • 11 1 • T 1.' toes to report.

tin Strike out " Corrico and insert " Canco, and in Imenve
strike out " F. L. Doughtries" and insert " F. S. Doughten."
Sec 3. That when the roads provided to be laid out and
constructed in chapter sixty-six of the public laws of one
thousand eight hundred and sixty-nine and one thousand
eight hundred and seventy, have been constructed as tlierein
provided, it shall be the duty of the townsh'p ])oard of trus-
tees, through whose townships said roads run, to receive the
same and report to the county commissioners that said roads
have been constructed according to law.

Sec 4. This act shall be in force from and after its ratifi- y^''" ''''t t^ he in

force,
■cation.

Ratified the 2yd dav of March, A. D. 1871.

224 1870-'71.— Chapter 148.

CHAPTEK CXLVIII.

AN ACT TO LAY OUT AND CONSTRUCT A PUBLIC ROAD FROM THE
TOAVN OF SPARTA, IN ALLEGnANY COUNTY, TO THE VIRGINIA
LINE.

Location of road. SECTION 1. The General Asseinhhj of North Carolina do
enact, That tliere shall be laid out and established a public
road from Sparta, in Alleghany county, by the most direct
and practicable route, to the A^ii-ginia line in tlie direction
of Independence and AVytheville.

Descriptiou of Sec. 2. That the said road shall be made eighteen feet

wide, except ■where there shall be side cuttings, and in such
places it shall be fourteen teet M'ide.

SuiTfyor and Sec. 3. That it shall be the duty of the county com-

coninussioners to . . / a n i a , • , . " .

locate road. missioners ot Alleghany county, to appomt a competent engi

neer and two commissioners of their respective county to
survey and locate said road on the best grade possible, who
shall take an oath before the chairman of the county com-
missioners to faithfully discharge their duties for the best
interest of their county.

Valuation of:con- Sec. 4. That if the owners of any lands through which
said road shall pass, shall consider him, her or themselves
injured thereby, it shall be competent for suf;h persons or
person, by petition to the county commissioners ot their
county, praying for a jury to view the premises and assess
the damages sustained ; and it shall ])0 the dutj' of tlie com-
missioners to order such jury to be summoned as in case of
such public roads, and it shall be the duty of the jury to
take into consifleration the benefit to the htnd as well as the
injury done by making said road, and on report of the jury
made to and confirmed by the commissioners, the damage
shall be paid by the county.

Sec. 5. That if any person or persons shall claim damages
and call for a jury to assess them, and none are found, the
person or persons so calling, shall defray all the expenses in
the case.

demned land.

1S7<)-71.— Chapter 1 IS— 149. 225

Sec. 6. That tlie county comini«sioners of Alleghany County Commis-

•^ e ./ sioners of Allc-

county shall have power to call out all the hands of the shany may en-

1-1 1 IT 1 1 • • 1 ^^''^^ labor.

county, liabJe to woi'k on pubhc roads under existing laws,
who reside within five miles of said road by compass line, at
such times and for t^iicii length of time as will not materially
conflict with the farming interest of the county to construct
the road ; Provided, That no person shall be required to Proviso,
work more than thirty days on said road in any one year.

Sec. 7. That when the said road provided for in this act has Towushiprtrus-

^ teee to report

been constructed as herein provided, it shall be the duty of completion.
the township board ot trustees through whose townships
said road runs, to receive the same and report to the county
commissioners that said road hag been constructed according
to law.

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

force.

lication.

Eatified the 23d day of March, A. D. 1871.

CHAPTER CXLIX.

AN ACT TO COXSTKLCT A RAILROAD FROM KENANSVILLE IN
DlPl.IX COUNTY TO (JLINTON IN SAMPSON COUNTY.

Section 1. The (reneral AsseinUy of North Carolina do LocaUon of road.
entuit. That for tiic ]>nrpose of constructing a railroad from
Kenansville in Dujdin county to Clinton in Sampson county,
npon such a lino us a majo^ty of the stockholders shall de-
termine, Owen K. Kenan, Isaac P>. Kelly, J. D. Southerland, cori>orators.
Lafayette Ilussey, David (i. Murphy, L. A. Mcrriman,
Wm. T. IlHiiiialbnl, William I'.arden, Col. A. A. McKay,
L. A. Powell. John K. lieainan, John Barden, Wm. 11.
Chesnutt, C. T. ]\[in-phy, W. A. Allen, and their associates,
successors and assigns, are hereb}" constituted a body cor-
porate, under the name and style of the Kenansville and Corporate name..
Clinton Railroad Company, with a capital stock of two hun-

•226

1ST0-'71.— CiiAPTEH 149.

Capital stock. dred tliousaiid dollars, with })erniissii)ii to increase it to three
hundred thousand dollars, which shall have a corporate
existence, and as such shall exercise the powers herein
•Corporate rigiits. granted in perpetuity as a body politic, and by that name
may sue and be sued, plead and be impleaded in every
court in the state of North Carolina ; and may have and use
a common seal, and shall be capable of purchasing, holding,
leasing and conveying estate, real, pei'tonal and mixed, and
of acquiring the same by gift or de\ise for the purposes
herein contemplated ; and the said company shall have and
enjoy all the rights and immunities which other corporate
bodies may lawfully exercise, and may make all .necessary
by laws and regulations for its government, not inconsistent
with the constitution and laws of the United States, and the
state of Kortli Carolina.

Sec. 2. That the capital stock of said company may be
created by subscriptions on the part of individuals, municipal
or other corporations, in shares ol the value of fifty dollars
each, which may be made in lands, timber, labor or money,
as may be stipulated.

Sec. 3. That books of subsci'iption may be opened by
such persons and at such times and places, and under such
rules and regulations as the persons above named, or a
majority of them, shall direct.

Sec. 4. That when the sum of ten thousand dollars shall
have been subscribed to the capital stock of said company
b}' solveiit subscribers, a general meeting of the stockholders
shall be held, after due notice, and such general meeting, a
majority of the stockholders being present, either in person
or by proxy, shall elect a board of directors, to consist of
such number, not less than live, as the stockholders shall
determine, and said directors shall elect one ol their number
president, and such other oflicers as the by-laws of said com-
pany shall prescribe; and may do and perfoi'm all other acts
necessary to the complete organization of said company, and
to carry into effect this charter.

Sec. 5. That whenever any land shall be required for the
construction ol the road, or fur warehouses, water stations,

Subcription to
stock.

Shares.

Books of sub-
scription.

Meeting of stock
holders.

Directors.

President.

Ki2;ht to eon
demn land.

lSTO-71 — CiiAPTKu 149. '221

turnouts, worksliop?, (k']i«i>itoriL'8 or other buildings or pur-
poses, and for any ca\ise the same cannot be purchased from
the owner, the same may 1)6 taken by the directors at a
valuation to be UK-ertained as follows: the sherilf of the .
county in which said land may be, shall, at the request of
the president of said road, summon live disinterested tree-
holders ot his county, who shall ascertain the value under
oath to be adnnnistered by the shei-itf, they first deducting
the enhanced value of the land caused by said railroad from
such valuation, and adding any particular loss or damage,
and upon the payment or tender by the president of the
amount so assessed, the title ot the property so seized and
appraised, shall thereby \ est in the said corporation ; F/v-
vided. That either party may appeal to the superior court
ot the countv upon the question of the amount assessed ; An<l
provided, furth>:i\ that no more than one hundred feet from
the centre of the road sIimII l»e liable to be so condemned.

Svc <; That it shall and mav be lawtul for the towns of Municipal sub-
■ ■ •■ stiiiitions.

Clinton, Kenansville, Magn(»lia and Warsaw to subscrdje hjr
Buch amount of stock in said ci)mpany as they or either of
them shall be autliori/cd to do by the voters of said towns
in manner and form a^ hert^inafter provided.

Sfc 7 That the corporate authorities of said towns are Question submits
k. !•,».. I. iiiai I V 1 ^ ted to voters.

authorized to make an order requiring the constable ot any
of said towns, or an otlicer ot their own body, at their option,
at such times and on such notice as they shall direct, to open
a poll and take the sense ot the voters of said towns qualitied
to vote for town othcers, whether the corporate authorities
of such town shall subscribe to the stock of said company
for such sums as the order shall propose ; and the officers
superintending such election shall make return of the num-
ber voting for or against it to the corporate authorities of
&aid town, or the ]»residing officer thereof; that if upon re-
turn of said s\q)crintcndcnt ot the election it shall appear
that a majority of votes are in favor of subscription, then
tlie mayor or jtrcbidinij officer <A said cor[)orate authorities
of such town shall make the Mibscription for such town, the
subscription to be )>aid for in bonds of said town, or in cash,

^28 1870-'71.— Chapter 149.

as the authorities may elect, and upon such terms as may be
agreed upon by said authorities and parties witli wliom they
Subscription, how jjjay negotiate ; and the said coi-porate autliorities shall order
their presiding officer to issue bonds, payable to said com-
pany, in bonds not less than five hundred dollars, each, pay-
able at such times and places as said corporate authorities
shall direct, and the said corporate authorities are hereby
vested with tuU power to raise money by taxation to meet
any quota of their subscription, or any installment that
may be due, and annually on the persons, lands and other
property within their town, to provide for the payment of
the principal and interest of the bonds so issued.

^s'^TboS ™^^ ^*^^" '^^ ^^^^^ ^^® president and directors shall have power
at any time to borrow money upon the bonds of the com-
pany and to secure the same by mortgage or other legal assu-
rance.

Power to lease Sec. 9. That said company shall have the power to lease

said road with all its franchises or any part thereof, upon.

such terms and for such length of time as a majority of the

stockholders thereof shall deem best for the interest of the

company.

Exclusive right of Sec. 10. That the said company shall have the exclusive
conveyance. n " • ^

right to convey and transport freight and passengers over

and along said road, and at such rates as said company shall

prescribe.

When act to take Sec. 11. That this act shall take effect from its ratification,

and all laws and clauses of laws coming in conflict with its

provisions are hereby repealed.

Katified the 23d day of March, A. D. 1871.

1870-71.— CuAi'TER 150. 229

CHATTER CL.

AN ACT TO INCORPORATE THE OXFORD AND IfENDKRSON RAIL-
ROAD COMPANY.

Section 1. The General As><emUy of J^ortJi Carolina do Capital stork.
enact., That a company is authorized to be fornied with a
capital stock not exceeding live hundred thousand dollars to
be divided into shares of one hundred dollars each, to be shares.
called and known as tlie " Oxford and Henderson Raili'oad corporate name.
Company," lor the purpose of constructing- a railroad with
one or more tracks, to be used with steam or other motive
power, from some point on the Raleigh and Gaston Raili-oad
within one mile of the depot at Henderson, in the county of Location of road.
Granville, over the most practicable route through the
county of Granville, to such point within one mile of the
courthouse at Oxford, in Granville count}', as by said com-
pany shall be deemed most eligible ; and such comj)any
■when formed as hereinafter directed, shall have power to
receive, possess, own and transfer, real and personal pro- Corporate rii^hts,
party and estate ; to have a common seal, and to pass such
by-laws not inconsistent with the laws of this state, as may
be necessary to carry out the objects ot the corporation, shall
be capable in law of suing and being sued, pleading and
being impleaded, and shall have and enjoy all the I'ights of
other corporate bodies under the laws of this state ; to have
land condemned for the right ot way according to existing condemn land,
laws, and for all other purposes necessary to carrv into effect
the purposes of said com])any, and shall geiierally possess all
the rights, privileges and immunities, and be sul)ject to the
limitations and restrictions of corporate l^odies in this state ;
and shall have the exclusive right to transfer and carry per- Exclusive right of
sons, produce, merchandize and mineral on and along such ^'""veyance.
railroad at such prices as they may fix.

Sec. 2. That tor the purpose of creating the capital stock corporators,
of such company, Russcl H. Kingsbury, Henry C. IJerndon,
J. W. Hays, James C. Cooper, John G. Jones, Tazwell L.

230 1870-'71.— CiiArxEE 150.

Hargrove, William V. Greo-orj, John Blaeknall, JloVt W.
Lassiter, Edwai-d B. Lyon, Henry H. Biirwell, AYcsley AY .
Yonng, William E. Beasly, Isaac J. Young, Willis S Grandy,
L. C. Taylor, A. Landis and William H. Beavis, or any
three of them are hereby appointed commissioners, whose

fkmi^^"''*^''^' duty it shall be as soon after the passage ot this act as may
be, to a]^point such commissioners to open books of subscrip-
tion at such places and at such times as to them shall seem
best, and under such rules and regulations as they may pre- '
scribe ; such subscriptions or any part thereof may be-
received paj^able in money, lands, labor or material neces-
sai-y in the construction of said road, bonds, stocks or other
valuable credits in such manner, and on such terms as shall
be agreed between said company or its commissioners or
agents, and such subscribers.

Srf ""^ '^"'■^" ^'^'^^- ^- Tli^^t whenever the sum of ten thousand dollars
shall have been subscribed to the capital stock ot said com-
pany, it shall be the duty of the commissioners aforesaid, any
three ot whom may act, to call a general meeting of the
stockholders alter giving notice as to them shall seem suffi-
cient, and at such times and ;places as they shall determine,
and at all general ineeti'jgs of said stockholders, not less
than a majority of «11 the stock subscribed shall constitute a
quorum for the transaction of business ; and said stock-
holders when so met in general meeting, shall have powei%

President and di- aiid it shall be their duty to elect a president and five diree-
rect(.>rs. . . "^ ^

tors for said company ; and in electing such president and

directors, and in enacting such laws as may be necessary.

each share of stock represented in person or by proxy, shall

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

stockholders shall not attend said first general meeting, such

as do attend, and are present, may adjourn from time tc»

time nntil a majority shall appear in person or b}' proxy.

Manner of paying Sec. 4. That it shall be the duty of said stockholders at

stock subscnp- i • /•

tions. their first general meeting to prescribe the manner and

time in which payment of stock on the subscription book&
shall be made.

1S70-'71.— Chapter 150. 231

Sec. 5. That it shall be the duty of the president and Treasurer,
directors of said company to appoint a treasurer who shall
remain in office such a length of time as the company in
their by-huvs shall determine ; and said president and
directors shall remain in office one year and until others are Terms of office,
chosen, and shall have a general direction and management
of the affairs of said company, and shall appoint some suitable
person as engineer, whose duty it shall be to make the
necessary surveys for the location of said railroad, and Surveys,
furnish the president and directors with such survey or
surveys, and estimates of the cost. Said directors shall have
power to fill any vacancy that may occur in their board, and 'Vacancies.
in the absence of the president, elect one for the time. They
shall also appoint a secretary, whose duty it shall be to keep Secretary,
a fair and correct record of the proceedings of said board,
and of all the proceedings of the stockholders in general
meeting in a book to be provided for that purpose.

Sec. 6. That the president or board of directors shall, at -^^ii^^'^^ report,
least once a year, make a full report on the state of the
company, and its affairs, to a general meeting of the stock-
holders, and oftener if required by any by-laws of the com-
pany, and also call a general meeting of the stockholders,
whenever they may deem it expedient ; and the company
may provide in their by-laws for occasional meetings being
called and i)rescribe the mode thereof.

Sec. 7. That all persons, the commissioners of any county Municipal and
1 . . /■ . , n 1 / 11 corporate'sub-

or the autlionties of any corporation shall have full power scripiions.
and authority to subscribe to the capital stock of said com-
pany to the amount they shall be authorized to do by the
inhabitants of said county or incorporated town, or the
proper authorities of any cor])oration, to the amount they
shall be authorized to do by the inhabitants of said county
or town ; and they may issue bonds, or other evidence of
debt to enable them to boiTow money to pay such subscrip-
tion. The said subscription to be made by any agent or
agents of such county, town or corporation properly au-
thorized by them to make the same. Wlien so irr.ide shall
be binding on such county, comjiany or corporate body in
13

232

1870-71.— Chapter 150—151.

lucrease of capi-
tal stock.

Manner of con-
struction.

When act to be in
force.

the same manner, and to the same extent that it is on the
individual subscriber ; and such body corporate or company
or county shall be represented in all general meetings of the
stockholders.

Sp:c. 8. That if the capital stock of said company author-
ized by this charter be insufficient to carry out the purposes
of the same, it may be increased by said compau}* to one
million dollars.

Sp:c. 9. That said company may begin the construction ot
said road at any point on the line of location according to
their discretion ; and that for any portion of said road actually
constructed, the said company shall be entitled to all the
privileges ot this act into and over such part so constructed.

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

Sec. 11. That this act shall be in force from and after its
ratification.

Eatified the 25th day of March, A. D. 1871.

CHAPTEE CLI .

AN ACT TO EXTEND THE TIME OF GEOEGE NICKS, FORMEK
SHERIFF OF YADKIN, AND OTHERS, TO SETTLE WITH THEIK
COUNTY TREASURERS.

Extansiou of time
to certain sherifls.

PrOYiso.

Section 1. The General AssemMy of North Carolina do
enact, That George Nicks, former sheriff of Yadkin county,
Joseph Pointer, farmer sheriff of Person county, Gr. G, Bris-
tol, tax collector of Clay county, and J. T. Ferguson, sheriff
cf Wilkes county, be allowed until the first day of July, one
thousand eight hundred and seventy-one, to make their final
settlement with the county treasurers of said counties ; Pro-
vided, That the said George Nicks, Joseph Pointer, G. G.
Bristol and J. F. Ferguson shall not retain in their hands.

1870-'71.— Chapter 151—152. 233 '

at one time, over one hundred dollars of the public money

b}' them collected. 1

Sec. 2. That the said George Nicks, Joseph Pointer, G. ReiieTe from peu- ;
G. Bristol and J. T. Ferguson are hereby relieved of all
pains and penalties incurred in consequence of a failure to
settle with the county treasurers according to law ; Provi- Proviso. ]

ded^ Said county taxes are paid by the said first day of July. I

Sec. 3. That this act shall be in force from and after its wiien act to be ia !
ratification. ^'^^^'

Katified the 25th day of March, A. D. 1871. \

CHAPTERCLII. ]

AN ACT TO AUTHORIZE THE COMMISSIONERS OF ANSON COUNTY '

TO LEVY A SPECIAL TAX FOR COUNTY PURPOSES. '

Section 1. The General Ass&mhly of North Ca7'olina do Limit of tax.
enact, That the commissioners of Anson county shall have

full power and authority to levy a special tax not to exceed i
the sum of twenty-five thousand dollars for the purpose of Object,

completing the courthouse and jail, and paying the interest .

on bonded debt of Anson county. (

Sec. 2. That said tax shall be levied at the same time and Manner aud tioiQ i
collected in the same manner as the other county taxes for and ^ '

during the year one thousand eight hundred and seventy- :

one. '

Sec. 3. That this act shall be in force from and after its Whea act to be ia

,.n ,. force. I

ratification. i

Puitified the 25th day of March, A. D. 1871. '

234

1870-71. -Chaptek 153—154.

CHAPTER CLIII.

AN ACT TO LEGALIZE CERTAIN ACTS OF THE COUNTY COMMIS-
SIONERS OF MITCHELL COUNTY.

New townships
legalized.

Proviso.

When act to be in
force.

Section 1. llie Geney'dl Asseinhly of N oriJi Carolina do
enact, Tliat the act of the county commissioners of the
county of Mitchell, abolishing certain townships in said
county, and establishing and creating other townships in said
county, be and the same is hereby declared lawful and valid
to all intents and purposes as if the same had been laid off
and established when townships were first laid off by the
county commissioners of said count}^ ; Provided, The pre-
sent board of commissioners shall unanimously agree thereto.

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

Ratified the 25th day of March, A. D. 1871.

CHAPTER CLIV.

AN ACT AUTHORIZING THE COUNTY COMMISSIONERS OF TYRRELL
TO LEVY A SPECIAL TAX.

Limit and object
of tax.

Actj to be submit-
ted to people.

Section 1. The General AssemUy of North Carolina do
enact. That the county commissioners of Tyrrell county are
hereby authorized to levy a special tax, not to exceed two
thousand dollars, to pay off the indebtedness of said county.

Sec. 2. That the same tax shall be levied on the poll that
is levied upon three hundred dollars worth of pi'operty. .

Sec 3. That this act shall not go into effect until the
same shall have been submitted to the people of the county

1870-' 71.— Chapter 154—155. 235

ol Tyrrell, at an election to be held under the direction of
the commissioners ot said county and a majority of the votes
polled shall have been cast in favor of the tax herein provi- ^^ ^°* *• ^^^
ded for ; and when so ratified it shall go into effect.
Ratified the 27th day of March, A. D. 1871.

CHAP TEE CLY.

ARTICLES EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF
THE STATE OF NORTH CAROLINA IN THE NAMB OF THEM-
SELVES AND ALL THE PEOPLE OF THE STATE OF NORTH
CAROLINA, AGAINST EDMUND W. JONES, JUDGE OF THE
SECOND JUDICIAL DISTRICT OF NORTH CAROLINA, IN MAIN-
TENANCE AND SUPPORT OF THEIR IMPEACHMENT AGAINST
HLM FOR HIGH iHSDEMEANORS IN OFFICE.

Article I.

That the said Edmund W. Jones, judge of the superior Article I.
■court for the second judicial district of North Carolina, on
the eighteenth day of March, in the year of our Lord one
thousand eight hundred and seventy-one, at Raleigh, in the
county of Wake, and state of North Carolina, unmindful of
the solemn duties of his station, and in contempt and viola-
tion of the law, on the morning of said day in a state of
drunkenness, rode in a public omnibus through the public
street of said city to the public station of the North Carolina
Railroad, at or near said city, when in a state of drunken-
ness ; he passed from said omnibus with the aid of others to
a public passenger coach on said railroad, destined for the
town of Goldsboro' to the great scandal of his office, and the
contempt of all good citizens.

Article II.

That the said Edmund W. Jones, judge of the superior Article IL
court, for the second ji^dicial district of North Carolina, on

236

1870-71.— Chapter 165.

the eighteenth day ot Mareh, one thousand eight hundred and
eeventy-one, at the town of Goldsboro', in the county of
Wayne and state ot North Carolina, unmindful of the solemn
duties of his station, and in contempt and violation of the
law, on the afternoon of said day, in a ptate of intoxication,
passed from a public railroad station through a public street
in said town to the public hall at Gregory's hotel in said
town, when in a said state of drunkenness, with a bottle of
spirituous liquor in his hand, he remained for some time,
that is to say, for the space of half an hour, to the great
scandal of his office and the contempt of all good citizens.

Article III.

ArtJele III.

That the said Edmund W. Jones, judge of the superior
court of the second judicial district of Korth Carolina, on
the eighteenth day of March, in the year of our Lord one
thousand eight hundred and seventy-one, at or near the
town of Tarboro', in the county of Edgecombe, and state of
North Carolina, at a public railroad depot on the evening of
said day, unmindful of the solemn duties of his station, and
in contempt and violation of the law, in a state of drunken-
ness, was assisted from a railroad coach to a public omnibus,
and in said conveyance through the public streets of said
town rode to a public hotel, where he was again assisted in
said state of drunkenness to said public hotel, to the great
scandal of his office and the contempt of all good citizens.

Article IV.

Article IV. That said Edmund W. Jones, judge of the guperior court

for the second judicial district of North Carolina, on the
twentieth day of March, in the year of our Lord one thou-
sand eight hundred and seventy-one, at the town of Wil-
liamston, in the county of Martin and state of North Caro-
lina, whither the said Edmund W. Jones, as judge aforesaid,,
had gone in the discharge of his official duties, said twentieth
day of March, being the regular day appointed by law for

1S70- 71. — Chapter 155. 237

the holding of the superior court of said couuty, over which
court the said Edmund W. Jones was to preside as judge, un-
mindful of the solemn duties of liis station, and in contempt
and violation of the law, in a state of drunkenness in a public
street, and at a public hotel in said town, was and continued
to be to the great scandal of his office and the contempt of all
good citizens.

Article Y.

That said Edmund W. Jones, judge of the superior court Article V.
for the second judicial district of North Carolina, on the
twenty-first day of March, anno domini one thousand eight
hundred and seventy-one, at Williamston, in the couuty of
Martin and state of North Carolina, unmindful of the solemn
duties of his office and in contempt and violation of the law,
in a state of drunkenness, was seen in a public street and in
a public hotel in said town of Williamston, said twenty-first
day of March, being a da}- during the regular term of the
superior court of said count}', set apart by the said Edmund
W. Jones for the hearing of a cause at chambers, before him,
the said Edmund W. Jones, as judge in said town, to the
great scandal of his office and contempt of all good citizens.

And the house of Representatives by protestation, saving Demand for trial,
to themselves the liberty of exhibiting at any time hereafter
any further articles or other accusation of impeachment
against the said Edmund W. Jones, and also of replying to
his answers which he shall make unto the articles herein
preferred against him, and of offering proof to the same and
every part thereof, and to all and every other article, accu-
sation or impeachment which shall be exhibited by tliem as
the case shall require, do demand that the said Edmund W.
Jones^ may be put to answer the high misdemeanors in office
herein charged against him, and that such proceedings, ex-
aminations, trials and judgements may be tliereupon liad
and given as may be agreeable to law and justice.

Adopted the 27th day of March, A. D. 1871.

238

18T0-'71.— Chaptek 156.

CHAPTEPw CLYI.

AN ACT SUPPLEMENTAL TO AN ACT ENTITLED AN ACr CREATING
A COMMISSION TO ENQUIRE INTO CHARGES OF CORRUPTION
AND FRAUD, RATIFIED THE EIGHTH DAY OF FEBRUARY, ONE
THOUSAND EIGHT HUNDRED AND SEVENTY-ONE.

Extension of pow-
ers to investiga-
ting committee.

Sessions of com-
mittee.

Quorum.

Powers of indi-
vidual members.

Section 1. The General Asseinblij of North Carolina do
enact^ That the poAvers and duties of the commissioners
appointed under the said act of February eighth, one thousand
eight hundred and seventy-one, shall extend to an investiga-
tion ot, and inquiry into, the issue and disposition of all bonds,
or the proceeds thereof, and of all matters appertaining
thereto, under any ordinance or ordinances of any convention
or under any act of the general assembly, made and passed
since the 20th day of May, one thousand eight hundred and
sixty-fivC; and to the sale by the public treasurer of the
bonds called first mortgage bonds of the North Carolina
Railroad, issued by said road to the state as the state's por-
tion of the dividend declared b}^ the directors of said road
on the — day of October, one thousand eight hundred and
sixty-eight.

Sec. 2. That said commissioners shall have the power,
whenever in their judgment thepnblic interest shall require
it, of holding their sessions at such points in the state as they
may think necessary.

Sec. 3. That any two of said commissioners shall constitute
a quorum to do business and exercise all powers of said com-
mission.

Sec. 4. That said commissioners, or any one of them when
acting alone as provided in section one of the said act of Feb-
ruary eighth, one thousand eight hundred and seventy one,
shall have the same powers to compel the attendance of
witnesses and to punish for contempt as is now possessed
and exercised by judges of the superior courts, and to re-
quire the attendance of the sheriff of the county in which
the said commission or any one of them may be in session.

ISTO- 71.— Chafi-er 156—157. 239

Sec. 5. That said commission may, in their discretion, use Report of other
any part or parts of the report commonly known as the committee."
Bragg Investigating Committee's report, either in their in-
vestigation or in their report ; Provided, nevertheless, That
they may re-examine any or all the witnesses whose testi-
mony is therein given.

Sec. 6. That they shall make their report to the general Commission to
assembly at its next session, or at an earlier period to the
governor, it they shall conclude their labors before the next
session of the general assembly, and upon their recommen-
dation, the orovernor shall cause such suits to be brought, or Suits to be

, . . , . , . . -, . . . brought,

such criminal prosecutions to be instituted from time to time

as may be by them deemed necessary to accomplish the pur-
poses and intent of this act and of the aforesaid act to which
this is supplemental.

Sec. 7. That if any vacancy shall occur in said commis- Vacancy in com-
sion by death, resignation, or refusal to act of any of said
commissioners, or otherwise, said vacancy shall be filled by
the appointment of the president of the senate and the
speaker of the house ot representatives, or by appointment
by either ot them in case of a vacancy in the office of the
other.

Sec. 8. That this act is in force from its ratification. When act to be in

Ratified the 2Sth day ol March, A. D. 1871. '''''''^•

CHAPTER CLVII.

AN ACT TO LIMIT THE POWERS OF TOWNSHIP TRUSTEES WITHIN
THB COUNTIES OF CHEROKEE, CLAY, JACKSON, HENDERSON,

MADISON, WATAUGA AND CARTERET.

Section 1. TJie General AssemUy of North Cai'olina do Limits of taxation
ena<i : That the township Tx)ard of 'trustees for any town- ueg*""*^" '^""'^"
ship in the counties of Cherokee, Clay, Jackson, Henderson,
Madison, Watauga aud Carteret shall have no power to levy

240 1870-'71.— Chapter 157—158. I

a tax for any purpose, within their townsliip, to exceed one- ;j
sixth o-f one per cent, upon any subject of taxation whatever. \
Sec. 2. That all laws and clauses of laws coming in con- J
flict with this act are hereby repealed. i;

When act to be in Sec. 3. That this act shall be in force from and after its ''•
ratification.

Ratified the 29th day ol March, A. D. 1871.

CHAPTER C L V I r I .

AN ACT TO Al'THOEIZE THE COMMISSIONERS OF CABARRUS
COUNTY TO LEW A SPECIAL TAX.

Annual special SECTION 1. T/w General AssemUy of North Carolina do

enact, That the board of commissioners of Cabarrus county
shall be authorized to levy a special annual tax tor the term
of three years, viz : for the years one thousand eight hundred
and seventy-one, one thousand eight hundred and seventy-two

Limit and object, and one thousand eight hundi-ed and seventy -three, not to

exceed ten cents for each year on the one hundred dollars

value, of all the real and personal property, for the purpose

of building an addition to and repairing the courthouse and

for building a bridge over Rocky river, said tax to be levied

and collected [as] other taxes.

Question to be Sec. 2. That HO tax shall be levied under this act until

submitted to

voters. the question shall be submitted to the qualified voters of the

county at an election to be held under the direction of the
commissioners and appro^^ed by a majority of those voting
thereon.
When act to take Sec. 3. That this act shall take effect from its ratification,
but it shall have no force until approved as required by sec-
tion two of this act.

Ratified the 29th day of March, A. D. 1871.

1870-71.— CiiAFfEK 159. 241

CHAPTER CLIX.

AN ACT AUTHORIZING THE COUNTY' COMMISSIONERS OF HERT-
FORD TO LEVY AND COLLECT A SPECIAL TAX.

Section 1. The Gentral Assemhly of North Carolina do ^"^^^^l^l^^^^'^
miact, That the county commissioners of the county of
Hertford, be and they are hereby authorized to levy and
collect a special tax within their county, in sums as may
from time to time be required, and not exceeding in the
whole four thousand dollars, to be applied to the construc-
tion and re-buiiding of a court house therein.

Sec. 2. That the tax herein mentioned shall not be levied To,'^'-'^-^^
unless approved by a majority of the qualified voters of said the county,
county, to be ascertained by an election held for that pur-
pose at such time as the commissioners shall appoint, and to
be conducted as prescribed by law for the election of mem-
bers of the general assembly.

Sec. 3. That at such election all such as favor the tax
shall vote a ballot in which are the words " For the special
tax," and those who are opposed to it shall vote a ballot in
which are the words " Against the special tax."

Sec. 4. The commissioners shall meet within five days Comm^s^onc^^^ to
after such election, and ascertain and declare the vote ; atid
also determine whether a majority of the qualified voters of
their county have voted for said tax, and shall cause the
game to be entered on their records as conclusive evidence

of the fact.

Sec. 5. That this act shall 1^ in force on and after the Whon act to be .n.

day of its ratification.

Ratified the 29th day of March, A. D. 1871.

242 1870-'71.— Chapter 160.

CHAPTER CLX.

AN ACT TO ABOLISH THE SPECIAL COURTS OF THE CITES OF
NEWBEKN AND WILMINGTON.

Repeal of certain SECTION 1. The General Assemhly of North Carolina do
enact, That the following acts and parts of acts be and the
same are hereby repealed, to-wit : an act entitled an act to
establish special courts in the cities of Wilmington and
Newbern, ratified the eleventh day of Aigust, anno domini
one thousand eight hundred and sixty-eight, (chapter twelve,
acts of one thousand eight hundred and sixty-eight,) section
one of an act entitled an act to amend the charter of the city
of Wilmington, ratified the eighteenth day of December,
anno domini one thousand eight hundred and sixty-eight,
being chapter five, private laws of one thousand eight hun-
dred and sixty-eight and one thousand eight hundred and
sixty-nine, and an act entitled an act to amend an act entitled
an act to establish special courts in the cities of Wilmington
and Newborn, ratified the fifth day of February, anno
domini one thousand eight hundred and seventy, found in
chapter thirty-seven, public laws of one thousand eight hun-
dred and sixty-nine and one thousand eight hundred and
seventy.

tSigToTaboi- ^^""^ ^' ^^^^ ^^^ ^P^^^^l ^«"^t o^ the city of Wilmington
^shed. be and the same is hereby abolished.

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

Ratified the 30th day of March, A. D. 1871.

1870- 71.— Chapter 161. 248

CHAPTER CLXI.

A2s' ACT TO CHANGE THE TIME OF HOLDING THE SUPERIOR
COURT OF NEW HANOVER COUNTY.

Section 1. The General, AssenibJy of North Carolina do Time of boidiug

^. , , 11 1 / . /> xi • i court for New

enaii, That there shall be four terms ot the superior courts Hanover county.

of the courts of Xew Hanover in each year, to be held for

two weeks, unless the business be sooner disposed of, and

that the time for holding the said courts shall be as follows,

viz : on the second Monday in February, the fourteenth

Monday alter the fourth Monday in February, the second

Monday in August, and the fourteenth Monday after the

fourth Monday in August ; Provided, however, There shall

be no court held for the county of New Hanover on the

second Monday in February, anno domini one thousand

eight hundred and seventy-one.

Sec 2. That all precepts, recognizances and other legal Returns to next
^ ^ ' =" 1.11 1 Icvm of court.

proceedings in civil and criminal cases which have been
already issued and had, or which may be hereafter issued
and had, returnable to the next term of said court, shall be
deemed and held returnable to the next term of said court
as now fixed by this act, and all persons who have been
recognized or bound, or summoned to appear at the next
superior court of said county, are hereby required to appear
at the time prescribed by this act.

Sfc. 3. That the secretary of state shall forthwith furnish Secretary of state

•' -KT TT ^^ furnish copies

the sheriff and clerk of the superior court of J> ew Hanover, of act to certain
.,. , /« 1 • i. oflScers.

each with a duly certified copy of tins act.

Sec. 4. That all laws and parts of laws in conflict with Repeaiinp; clause.
this act are hereby repealed.

Sec. 5. That the ludjre holding Raid additional terms Admtionai com-
herein provided for, and the solicitor attending the same, Judi,'c and So-

'■ • 1 y • Ijcilor.

shall be allowed the same additional compensation for their
services, to be paid in like manner as they would be if the
Baid terms were special terms.

Sec. 6. That this act shall take effect from its ratification, wi.en act to take

eflcct.
Ratified the 3<ith day of March, A. D. 18 a.

"244 18T0-'71.— CHAFrER 162.

CHAPTER CLXII.

AN ACT IN RELATION TO ROAD STEAMERS.

Koad steamers SECTION 1. The General Assemhly of North Carolina do

niaj' be run upon ,_,, . i t, , ,• i /•

public roads. enact, 1 hat it shall be lawiui tor any person or persons to
run and use traction engines and road steamers upon the
public roads in North Carolina,

Sed to t?e ?on^'''"' ^^^- ^- "^^^^ *^^^ Lexington Copper Mining Company, a
structed. company organized under the laws of New York, and now

working mines in Davidson county, be and is hereby author-
ized to make, construct and maintain a road suitable for road
steamers from Davidson Copper mines to any points on North
Carolina Railroad.
iSa *° ^''^'^^"''^ Sec. 3. That whenever any lands may be required for the
said road or roads, its branches and connections, and an
agreement cannot be made with the owner thereof, the said
company or its agent may apply to the township board of
trustees, in writing, to cause the damages, it any to be
assessed, by five referees who shall be entirely disinterested,
either directly or indirectly, whereupon it shall be the dut}'
of the clerk to call upon the party filing the petition to name
two of the referees and to notify the other party to name
two others within five days of the service of the notice ; and
the clerk shall appoint the fifth referee in all cases ; but
should either party have failed to appoint at the expiration
of five days after the notice is served upon the defendant as
above provided for, then the clerk shall appoint others to
make up the number of five, and the whole of them in case
both of the parties should have failed to appoint. The clerk
shall issue notice to , the referees to attend on the lands on
account of which the petition is filed, and lay off the right of
way, which shall extend seven feet on each side of the cen-
tre of the track, and assess the damages, if any, of the owner
of the land, taking into consideration any advantages that
may arise from buildiHg said road, and return their award
% in writing, under oath, within ten days ; but if either party

1870-71.— Chaptek 162—163. 245

is dissatibfied, and notify the clerk in writing of his intention
to appeal to the next term ot the superior court, such party
shall have live days to give an appeal bond, with two suffi-
cient securities, in such sum as the clerk may fix, to cover
costs and damages ; and both parties may appeal fi'om the ^5^''^ ""^ '^I'l'^"^-
same awards, and the trial in the superior court shall be de
novo, and the facts submitted to a jury if either party requests
it. But as soon as the award is filed, whether there be an
appeal or not, the company may enter upon the lands and
use them in constructing said track.

Sec. 4. This act shall take efiect from its ratification. When act to take

Ratified the 30th day of March, A. D. 1871.

CHAPTER CLXII I.

AX ACT FOR THE RELIEF OF THE TAX PAYERS OF BUNCOMBE

COUNTY.

Whereas, In many ot the townships of the county of Preamble.
Buncombe a burdensome tax M-as imposed by the late board
of county commissioners of said county, for free school pur-
poses for the year ending the thirtieth day of September,
anno domini one thousand eight hundred and seventy ; and
whereas, it appears by the annual report ot the superin-
tendent of pul)lic instruction for said year that no free schools
were taught in said county, and no expense for such pur-
pose was incurred ; noM^ therefore, for the reliet of the tax-
payers of said county,

Sfxtion 1. The General Assemlly of North Carolina do \^^^^^^^^^^^^^^ ***
enact, That the tax levied u])on the several townships of
said county of liuncombe for free school purpose* for the
year ending the thirtieth day of September, anno domini
one thousand eight hundred and seventy, shall not be col-
lected, and it is hereby made the duty of the board of county
commissioners for said county to have refunded to every per-

24:6 1870-' 71. —Chapter 163—164.

son who lias heretofore paid such tax, the amouut so paid by
such person.

Sec. 2. That it shall not he lawful for the sherifl", tax col-
lector, any township constable or other officer of said county
of Buncombe to collect said tax from any person.
When act to be in Sec. 3. That this act shall be in force trom and after its
ratification.

Katified the 30th day of March, A. D. 1871.

CHAPTER CLXIV.

AN ACT TO AUTHORIZE THE ALBE^SIARLE SW^AMP LAND COM-
PANY TO CONSTRUCT A KAILKOAD FROM PANTECJO TO INDIAN
RIVER, IN BEAUFORT COUNTY.

Location of road.

Section 1. The General Assemhly of North Carolina do
enact^ That the Albemarle Swamp Land Company, incor-
porated by act of assembly, ratified the nineteenth day of
February, one thousand eight hundred and sixty-seven, shall
have authority to lay out, construct and maintain a railroad
from Pantego, in the county of Beaufoit, to some point at
or near Indian river, in said county.
County road. Sec. 2. That the commissioners of the county of Beaufort

shall have authority to lay out and construct a public county
road by the side of said railroad.
Rio-ht to condemn Sec. 3. That said company shall have authority to have
^^^^- the land over which the said railroad shall pass condemned,

and the game may be taken by the company at a valuation
to be ascertained as follows : the sheriff of the county of
Beaufort shall, at the request of the president of said Albe-
marle SwaHip Land Company, summon five disinterested
free holders of his county who shall ascertain the value under
oath to be administered by the sheriff, to act impartially in
assessing the same, they first deducting the enhanced value
of the land caused by said railroad from such valuation, and

1870- 71.— Chapter 164—165. 247

adding any particnlar loss or damage ; and npon the pay- Kight of appeal,
ment or tender b} tlie president of the amount so assessed,
the title of the ]Droperty so seized and appraised shall there-
by vest in said corporation ; Provided^ Tnat either party
may appeal to the superior court of the county upon the
question of the amount assessed ; and j>soivV7rv7, further^
that not more than forty feet on each side of said road shall
be so condemned, exclusive of the public county road.

Sec. 4. That this act shall be in force from and after its When act to be in

force.

ratification.
Katified the 30th day of March, A. D. 1871.

CHAPTER CLXV.

AN ACT IN KELATION TO OBSTRUCTIONS IN NOTTALAR AND
HIAWASSEE RIVERS, IN CHEROKEE COUNTY.

Section 1. The General AssemUu of North Carolina do Obstructions in

. PI, Nottaliih and Hia-

enact^ That it shall be unlawful tor any person or persons to wassee rivers.

build or continue dams or other obstructions across more

than two-thirds ot the waters of Nottalah and Iliawassee

rivers.

Sec. 2. That any person or persons violating this act Penaitj- for viola-
shall be deemed guilty ot a misdemeanor, and on conviction
before any justice of the peace in said county of Cherokee,
shall forfeit and pay the sum of five dollars for each day
such obstruction shall have been continued in either of the
aforesaid rivers at any point in Cherokee county.

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

Ratified the 30th day of March, A. D. 1871.
14

248 1870-'71.— Chapter 106.

CHAPTER CLXVI.

AN ACT TO AMEND SECTION ONE HUNDRED ^VND NINETY-NINE,
CHAPTER FOUR OF THE CODE OF CIVIL PROCEDURE, CON-

CERNING ATTACHMENTS.

Amendment to SECTION 1. The General Assemhly of North CcroUna do

Code of Civil Pro- . , i i , • • i

cedure. enact, Tliat sectiou one huiidred and ninety -nine, chapter

four, of the code of civil procedure concerning attachments,
be and the same is liereby amended to read and declare as
follows : If the action be not founded on a contract, or if the
sum demanded exceed two hundred dollars, a warrant of
attachment may be obtained from the judge of the district
embracing the county in which the action has been insti-
tuted, or from the clerk of the superior court from which
the summons in the action issued ; anc it may be issued to
any county in the state where the defendant has property,
money, effects, choses in action or debts due him, and shall
be made retui-nable in term time to the court from wliich
the summons issued.

Warrant of attach- Sec. 2. That the warrant of attachment may be issued
upon affidavit, for any of the causes mentioned in section
two hundred and one of the code of civil procedure.

How served. Sec 3. That when the warrant of attachment ia taken out

at the time of issuing the summons, and the summons is to
be served by publication, the order shall direct that notice
be given in said publication to the defendant of the issuing
of the attachment, and when the warrant of attachment is
obtained after the issuing of the summons, the defendant
shall be notified by j^ublication of the fact for four successive
weeks in some newspaper published in the county to which
it is returnable, or if there be none such, then in one pub-
lished in the judicial district including said county, and if
there be no newspaper published in the district, then in any
newspaper published in the state. Said publication shall state
the names of the parties, the amount of the claims, and in a
brief way the nature of the demand and the time and the place

1870-71.— CiiAPTEK 166—167. 249

to which the warrant is returnable ; Provided^ however, That Proviso.
110 irregularity in the publication of the warrant of attachment,
summons, leading or other process, or otherwise, or in the
issuance of the summons, leading or other process or other-
Avise, shall render invalid any proceedings by attachment,
since the adoption of the code of civil procedure and prior
to the ratification of this act, and all proceedings in case of iVr's^dedared^*'
attachment commenced since the ratification ot the code of ^■'"^'^•
civil procedure, are hereby declared valid to all intents and
purposes, any irregularity in the particulars aforesaid to the
■contrary notwithstanding ; Provided, That in proceedings Proviso,
by attachment begun and had before justices of the peace,
-such advertisement in a newspaper shall not be necessary,
but in all such cases, advertisement at the court house door
and at lour otlier public places in the connty shall be suffi-
cient.

Sec. 4. Section one hundred and ninety-eight, of the code Repealing clause,
of civil procedure, except so far as amended by an act of the
general assembly of iNorth Carolina, entitled an act to make
certain amendments in the code of civil procedure, ratified
the first day of April, anno domini one thousand eight hun-
dred and sixty-nine, and all other laws and parts ot laws in
conflict with this act are hereby repealed.

Sec. 5. That this act shall be in force from and after its When act to be in

force,
ratification, and shall be liberally construed.

Ratified the 31st day of March, A. D. 1871.

CHAPTER CLXVII. ,

AN ACT TO INCORPORATE THE GEORGIA AND NORTH CAROLINA \
RAILROAD COMPANY.

Spxtion 1. The General Asaenibly of Noi^th Carolina do Location of road. i

enact, That for the purpose ot constructing a railroad of j

one or more tracks from some point on the Georgia^line in i

250

1870-'71.— Chapter 167.

Corporators.

Corporate name.
Capital stock.

Corporate rights.

Subscriptions to
stock.

Books of sub-
scription.

IJ>:-.^. ■^■-r^.

Cherokee county, North Carolina, to some point on the
Tennessee line in Swain or Cherokee county, North Carolina,
to be hereafter determined, on the most advantageous route
in the opinion of the company hereinafter named or their
legal representatives, or the nature of the route M-ill permit^
L. W. Davidson, M. Fain, M. C. King, R. D. McCombe, J.
W. Cooper, F. P. Axley, Samuel Henry, A. J. Loyd, and
W. J. E,. McConnell, and their associates, successors and
assigns, are constituted a company, and are hereby incor-
porated under the name and style of the Georgia and Xorth
Carolina Railroad Company, with a capital stock of five
hundred thousand dollars, with the privilege of increasing
the same to five million of dollars, which shall have a cor-
porate existence as a body politic for the space of ninety-
nine years, and by that name may sue and be sued, plead
and be impleaded, in every court of the state of North
Carolina, and may have and use a common seal, and shall
be capable of purchasing, holding and leasing and conveying
estate, real and personal and mixed, and acquiring the same
by gift or devise, so far as may be necessary for the purpose
herein contemplated, and the said company may enjoy all
the rights and immunities which other corporate bodies
may lawfully exercise, and may make all necessary by-laws
and regulations for its government, not inconsistent with
the constitution and laws of North Carolina and the United
States.

Sec. 2. The capital stock of said company may be ci'eated
by subscription on the part of individual, municipal and
other corporations, in shares of the value of one hundred
dollars each, M^liich may be made in lands, timber, work or
money, as may be stipulated.

Sec. 3. That books of subscription to the capital stock of
said company may be opened by the following commissioners,^
to-wit : at Murphy, North Carolina, by L. W. Davidson, M,
Fain, M. C. King, R. D. McCombe, J. W. Cooper, F. P.
Axley, Samuel Henry, A. J. Loyd and W. J. R. McConnell,
and by such other persons and at such other places as they
or a majority of them may direct, and that twenty days

1S70-'71.— CHAFfER 167. 251

notice of the opening of said books shall he given in one or
more newspapers ; and furthermore, that the said com-
missioners or any five of them may, at any time after said
books have been kept open for the space ot thirty days and
the sum of thirty thousand dollars has been subscribed to
the capital stock of said company, and five per cent, paid
thereon, have power to call together the subscribers to said Meeting of sub-

' ^ ^ ^ _ , , scnbers.

Stock for the purpose of completing the organization of said

company, and the said subscribers shall be and are hereby
declared incorporated into a company by the said name and
style of the Georgia and North Carolina Railroad Company.

Sec. -1. That said company ma}^ hold annual meetings of ■^"'^"'^^ meetings,
the stockholders, and oftener if necessary, and at its organi-
zation and the annual meetings subsequent thereto, twelve Directors,
directors shall be elected by the stockholders to hold office
for one year or until their successors shall be elected, and
any of the said meetings shall have power to make or alter
the by-laws of the company ; Provided, That in all such
meetings of the stockholders a majority of the stock sub-
scribed shall be represented in person or by proxy, which
proxy shall be verified in the manner prescribed by the by-
laws of the company, and each share thus represented shall
be entitled to one vote on all questions. That it shall be
the duty of the directors to elect one of their number as
president of the company, and to fill all vacancies in the President,
board.

Sec. 5. That after the company shall be organized as Exclusive right of
. conveyance,

aforesaid, the board of directors shall proceed to locate and

have constructed as speedy as possible on the route they
may find most practicable, a railroad from and to the points
indicated in section one of this act, to be fixed by them ; that
the said company shall have the exclusive right of convey-
ance or transportation of persons, goods, merchandize and
produce on the said railroad to be by them constructed, at
such charges as may be fixed by a majority of its directors ;
that said company may assign or lease their franchises or May lease their,
their rights of transportation on said road to any person or
persons or corporations.

252

1879-'71.— Chapter 167—168.

Further powers.

May condemn
land.

Contracts.

When act to be in
force.

Sec. 6. That said company shall have the power to iiso
and enforce the payment of stock subscribed as was here-
tofore granted to the I^orth Carolina Railroad Compan}' by
the charter of incorporation, and shall have power to con-
demn lands for the use oi the company when a contract of
purchase cannot be made with the owner thereof to the same
extent and in the same manner, and under the same rules,
regulations and restrictions as the said North Carolina Rail-
road Company was authorized to do by the act ol incor-
poration.

Sec. 7. That all contracts made and entered into by the
president or superintendent of the company, either with or
without seal, shall be binding upon said company, and the
president shall, under the instructions of the board of di-
rectors, issue certificates of stock to stockholders, which shall
be transferable by the by-laws of the company.

Sec. 8. That this act shall be in force from and after its
ratification.

Ratified the 31st day of March, A. D. 1871.

CHAPTER CLXVIII.

AN ACT TO AMEND SECTION ONE, CHAPTER TWO HUNDRED AND
EIGHT, PUBLIC LAWS OF ONE THOUSAND EIGHT HUNDRED
AND SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND
SIXTY-NINE, ENTITLED AN ACT TO PROVIDE FOR THE ELEC-
TION OF COMMISSIONERS OF NAVIGATION AND PILOTAGE FOR
THE PORT OF BEAUFORT, NORTH CAROLINA.

Amendment to SECTION 1. The General Asseinbly of North Carolina do

of T^s-'S*' ^*^^^ enact^ That section one of an act to provide for the election

of commissioners of navigation and pilotage for the port of

Beaufort, North Carolina, be so amended as to allow the city

1870-71.— Chapter 168—1(59. 253

of Morehead to elect two of said commissioners under the

same rules and regulations as are already prescribed in said

act.

Sec. 2. This act shall be in force from and after its rati- When act to oe in
f. ^. force,

ncation.

Eatilied the 31st dav of March, A. D. 1871.

CHAP TEE CLXIX.

AN ACT TO AUTIKiKIZE THE COMMISSIONERS oF STOKES TO LEVY
A SPECIAL TAX.

Section 1. T//t General Ai^xernlAy of North Carolina df> Object of tax.
enact, That the county commissioners of Stokes county be
and they are hereby authorized to levy a special tax on all
the taxable property of said county for the purjwse of build-
ing a poor house and for other purposes ; Promded, The
question of levying said tax shall first be submitted to the Question to be
qualified voters of said count}- ; And, provided further, piV™ "^ o pe -
That in making such levy the equation prescribed for in the
constitution between polls and other taxes shall be observed.

Sec. 2. That the amount of said tuxes shall not exceed Limitation;of tax.
five thousand dollars.

Sec. 3. Tliat said taxes shall be levied and collected in iiow levied.

the same manner, and accounted tor in every particular as

all other county taxes ai-e.

Sec. 4. This act shall be in force from and after its ratifi- wiich act to be in

force,
cation.

Itatified the 31st day of March, A. i). 1871.

254

ISTO-'Tl.— Chapter 170.

CHAPTEE CLXX.

AN ACT TO AUTHOKIZE THE COMMISSIONERS OF ROCKINGHAM
COUNTY TO ISSUE BONDS FOR THE PURPOSE OF FUNDING AND
PAYING OFF THE COUNTY DEBTS.

Commissioners
may issue coupon
bonds.

When payable.

Interest.

How bonds shall
be issued.

Commissioners
may redeem bonds
at anylJtime.

Special tax, how
to be applied.

Section 1. The General Assembly of North Carolina do
enact, That in order to liquidate the past debts of the county
of Rockingham, the commissioners ot said county are hereby
authorized to issue coupon bonds, not exceeding in amount
the sum of twenty-five thousand dollars, in denominations
twenty-live, fifty, and one hundred dollars.

Sec. 2. That said bonds shall fall due and be payable the
first day of January, one thousand eight hundred and eighty-
two, and shall bear interest at the rate of six per cent, per
annum, and the coupons on said bonds shall be receivable
in payment of the county tax for any fiscal year in wdiich
they may fall due, and said coupons shall be payable on the
thirtieth day of September.

Sec. 3. That said bonds, and the coupons thereof, shall be
issued by the chairman of the board of commissioners and
countersigned by the clerk of the board, which latter ofiicer
shall keep a book suitable for the purpose in which he shall
keep an account of the numbers of bonds issued, their
amounts and to whom issued, and the amount of bonds and
coupons received and cancelled that upon an inspection of
said book, the true state of the county debt may be seen,
for whicli services he may receive a reasonable compensa-
tion to be fixed by the board.

Sec. 4. That said county commissioners shall have the
privilege to redeem said bonds at any time after the expira-
tion of one year, and it shall be the dut} of the county treas-
urer each year to apply the proceeds of the tax raised under
section six of this act, first to the payment of the coupons of
said bonds, second, to the payment of claims under twenty-
five dolL rs, held in the aggregate by one person, and third,
to payment of balances named in section six of this act, and

1S70-'71.— Chaptek 170. 255 ]

lastly, to purchasing the outstandnig bonds issued under |

this act, or by order of said county commissioners, he may
set apart this sum as a sinking fund to meet said bonds when
due.

Sec. 5. That it shall be lawfulfor said county commissioners, Boud of Treas- |

urcr. I

if in their discretion the official bond of the county treasurer

shall be insufficient to protect the county in discharge of his

duties hereby enjoined, to require him to give further and •

sufficient security. j

Sec. 6. That said commissioners of Rockingham county Special tax. ]

are hereby authorized to levy a special tax of one-seventh of i

one per cent. (1) on the real and personal property of said -

county for the special purpose of paying interest upon and Limit aud object. I
redeeming said bonds, and for paying in cash those debts I

which are held by persons who do not, in the aggregate hold,
as much as twenty-five dollars which may be due any person
who has funded all his claims except this said balance.

Sec. 7. That said county commissioners of Rockingham Speciaituxtocon- i
«ounty are authorized to levy the tax authorized by this act ""^*^' .

from 3'ear to year until all the just and proper debts of said
county which are now, or may be contracted prior to Jan- ;

nary first, one thousand eight hundred and seventy-two, are
paid ; Provided, That said commissioners shall not pay proviso,
claims which come under the constituted prohibition for-
bidding the payment of obligations incurred in aid of the '
late war directly or indirectly.

Sec. .s. The said commissioners shall not exercise the Question to be

submitted to

authority granted by tliis act unless a majority of the votes voters.
cast for and against a special tax shall be in favor of a special
tax ; and said commissioners may order a vote to be taken
at such time as they may deem best, such voting shall be \

governed and regulated by existing laws and regulations in !

reference to elections, and those approving the special tax shall i

vote a ticket which shall read "For special tax," those I

opposed shall vote "Against special tax," and if a majority
of votes be for special tax, the said commissioners can pro-
ceed to enforce the provisions of this act, but if a majority !

\
1

256 1870-'71.— Chapter 170—171. '

I
of votes cast be against special tax, in that case the provisions '
of this act shall be of no effect and void. ;

When act to be in Sec. 9. That this act shall be in force from and after its-

ratification. '

Eatified the 31st day of March, A. D. 1871.

CHAPTER CLXXI.

AN ACT TO CHANGE THE LINE BETWEEN THE COUNTIES OF
EI)GE0Ol\[I5E AND NASH.

Ohan{je of boun- SECTION 1. The General Aysc'iiihly of JSorth Carolina do-
enact^ That all that portion of Edgecombe county (west of
the Wilmington and Weldon railroad) and between the-
Halifax and Wilson lines, be and the same is lierebj annexed
to and shall form a part of Nash county ; Provided, Nasli
count)' shall be responsible for the sum of eight liundred
dollars, the proportion of the Edgecombe county debt falling
to Nash county in case of such annexation and which sum
when paid shall discharge and release from all further claims
in this behalf.

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

cation.

Ratified the 31st day of March, A. D. 1871.

18T0-'71.— Chapter 172. 25T

CHAPTER CLXXII. |

AN ACT TO INCORPORATE THE KINSTON A.ND KENANSVILLE KAIL- I

ROAD COMPANY. |

Section 1. The General Assembly of JSWth Carolina do Location of road.

enact, That for the purpose of constructing a raih-oad from I

Kinston, in the county of Lenoir, to Kenansville, in the ;
county of Duplin, upon such line as the directors of said

railroad shall determine, John W. Stallings, J. D. Southall, j
and Jas G. Branch, Lewis Hening, B. K. Outlaw, John F. Corporators.
Wooten, R. W. King, William Sutton, James M. Parrott,

Wm J. Pope, Pinkney Hardee, J. D. Stanford, W. F. I^f- |

tin, and their successors, associates and assigns, are herehy j

constituted a body corporate, under the name and style of Corporate name. {
the Kinston and Kenansville Railroad Company, with a

capital stock of four hundred thousand dollars, which shall Capital stock. ,
have a corporate existence, and as such exercise the powers

herein granted in perpetuity as a body politic, and by that '

name may sue and be sued, ])lead and be impleaded in every. j

court in the state of North Carol hia ; and may have and use {
a common seal, and shall be capable of purchasing, holding,
leasing and conveying estate, real and personal and mixed,
and of acquiring the same by gift or devise for the purposes

herein contemphited ; and the said company shall have and Corporate rights. j

enjoy all the rights and immunities which other corporate !

bodies may lawfully exercise, and may make all necessary j

bv laws and regulations for its government, not inconsistent j

with the c«.nstitutiun and laws of the United States, and of ;
the state of North Carolina.

S?:c. 2. That the ca])ital stock (.f said company may be J^^jJ^^"!''^*'" ^ J
created by subscription on the part of individuals, municipal

or other corporations, in shares of the value of fifty dollars 1

each, which may be made in land, timber, labor or money, '

as may be stipulated. |

Sec. 8. That books of subscription may be opened by ^^^^"^^^^^^ ''"'^- I

such persons at such times and at such places, and under such ^

258

18 70-' 71. —Chapter 172.

Meeting of stock'
holders.

Board of direct-
ors.

President.

Riglit to condemn
land.

Appeal to Superi-
or Court.

Right to lease
franchise.

rules and regulations as the persons above named, or a
majority of them, may direct.

Sec. 4. That when the sum of ten thousand dollars shall
have been subscribed to the capital stock of said company
by solvent subscribers, a general meeting of the stockholders
shall be held, after due notice, and such general meeting, a
majority of the stockholders being present, either in person
or by proxy, shall elect a board of directors, to consist of
such number, not less than five, as the stockholders shall
determine, and said directors shall elect one of their number
president, and such other officers as tlie by-laws of said com-
pany shall prescribe ; and may do and perform all other acts
necessary to the complete organization of said company, and
to carry into efi'ect the objects ot this charter.

Sec. 5. That whenever land shall be required for the con-
struction of the road or for warehouses, water stations, turn-
outs, workshops, depositories or other building purposes, and
for any cause the same cannot be purchased from the owner,
the same may be taken by the directors at a valuation to be
ascertained as follows : The sheriff" of the county in which
said land may be, shall, at the request of the president of
said road, summon five disinterested freeholders ot his
county who shall ascertain the value under oath to be ad-
ministered by the sheriff", they first deducting the enhanced
value of the land caused by said railroad from such valuation
and adding any particular loss or damage, and upon the pay-
ment or tender by the president of the amount so assessed,
the title of the property so seized and appraised shall thereby
vest in the said corporation ; Provided, That either party
may appeal to the superior court of the county upon the
question of the amount assessed ; And , pi'ovided further , that
not more than one hundred feet from the centre of the road
shall be liable to be so condemned.

Sec. 6. That said company shall have the power to lease
its franchises or any parts thereof for such time and upon
such terms as they may think advantageous to the interest
of the company.

1870-71.— Chapter 172—173. 259

Sec. 7. That the president and directors shall have power May borrow

, , , . , money aud issue

at any time to borrow money upon tlie bonds ot the com- bonds.

panv, and to secure the same by mortgage or other legal

assurance.

Sec. 8. That the said company shall have the exclusive Exclusive right of

f. ■ . 1 , 1 conveyance.

right to convey and transport ft-eight and passengers over
and along the said road, and at such rates as said company
shall prescribe.

Sec. 9. That this act shall take effect from its ratification, when act. to take
and the said company shall have tlie exclusive right tor a *^^^^^-
term ot thirty years from its full organization to construct
and use the aforesaid railroad.

Katitied the 31st day of March, A. D. 1871.

CHAPTER CLXXIII.

AK ACT TO TROVrDE FOR A TAX COLLECTOR FOR GASTON
COUNTY.

Section 1. 77ie General AssemUy of JVorth Carolina do commissiouers to
enact, That the board of commissioners for Gaston county ^^^"^ collector.
may in their discretion, annually electa tax collector for said
county, said election to be held on or before the first day
of May in each year.

Sec. 2. That the tax collector so elected shall execute his Bond,
official bond, payable to the state of North Carolina, m
double the estimated sum of the state and county taxes to
be collected in said county, with two or more solvent secu-
rities, to be a])proved by the said board, said bonds shall be
registered, and the original deposited in the office of the
superior court of said county.

Sec. 3. That it shall be the duty of the said tax collector powers and Au-
to collect all the state and county taxes levied in said county,
that he shall have all the powers vested in the sherift' for
that purpose, and be governed by tlie same rules, regulations

■260 18T0-'71.— Chapter 173—174.

and provisions which apply to sheriffs in the collection of
taxes, and be subject to like penalties and ])rosecntions for
failure in the performance of his official duties.
•Compensation. Sec. 4. That said tax collector shall receive the same com-

pensation for his services as may be allowed to sheriffs for
similar services.

When act to be in Sec. 5. That this act shall be in force from and after its
orce. .

ratmcation.

Eatified the 31st day of March A. D. 1871.

CHAPTER CLXXIY.

AN ACT TO INCOKPORATE THE STATESVILLE AIR LINE RAIL-
ROAD COMPANY.

Location Of road. SECTION 1. The General Asserahly of NoHli Carolina do
enact, That for the purpose of constructing a railroad of
one or more tracks from some point on the southern boun-
dary of the state in the county of Cleaveland to the town of
Statesville, in the county of Iredell, from thence to some
point on the northern boundary of the state at or near the
northeast corner of the county of Surry, as near an air line
as the nature of the route will permit, a company by the

Corporate name, name and style of the Statesville Air Line Kailroad Com-

-r— : j)any, is hereby incorporated and declared to be a body

politic and corporate for the term of ninety-nine years, and

by that name may sue and be sued, plead and be impleaded,

may liave and use a common seal, and shall be capable of

Rights and privi- purchasing, holding, leasing and conveying estate, real and

^^^^' personal and mixed, and acquiring the same by gift or devise

so far as may be necessary for the purpose herein contem-
plated, and said company may enjoy all the rights and im-
munities which other incorporated railroad companies may

~ lawfully exercise, and may make all necessary by-laws and

regulations for its government, not inconsistent with the

18T0-'71.— Chapter 174. 261

constitution and laws of the state ot North Carolina and ol
the United States.

Sec. 2. That the capital stock of said company shall not capital stock,
exceed four millions of dollars, divided into shares of lifty
dollars each, and the company may raise the same hy sub-
scriptions on the part of individuals, municipal and other
corporations, which may be made in lands, timber, work,
money or other things as may be stipnlated.

Sec. 3. That books of subscription to the capital stock of Books of sub-
said company may be opened by the following commissioners, **^"'' ^^^'
to-wit: Lee M. McAfee, Plato Durham, David Schenck,
Jasper Stowe, Dr. A. M. Powell, Wilfred Turner, Thomas
N. Cooj)er, Dr. Henry C. Wilson, John M. Brewer, and
Col. S. A. Sharpe, and by such other persons and at such
other places as the said commissioners or a majority of them
may direct ; and that twenty days notice of the opening of
said books shall be given in one or more newspapers of the
state ; and furthermore, that the said commissioners or any
three of them, at any time after said books shall have been
kept open for the space of thirty days and the sum of twenty
thousand dollars shall have been subscribed and five per
cent, paid thereon, shall have power and are required, after
twenty days notice, to call together the subscribers to said Meeting of sub-

, , I, 7 . . , scribers.

Stock tor the purpose of organizing said company.

Sec. 4. That when the subscribers have been so called Directors,
together they shall proceed to organize by electing nine
directors, who shall serve for one year and until others are
elected, and said directors shall elect one ot their number
president, and when so organized, the stockholders, their President,
successors, executors, administrators or assigns shall be and
are hereby declared incorporated into a company, under the
£aid name and style of the States ville Air Line Kail road
Company.

Sec. 5. That said company may hold annual meetings of Annual meetings,
its stockholders, and oftener if deemed necessary ; Provided,
In all such meetings of the stockholders a majority of the
stock subscribed shall be represented in person or by proxy,
and each share thus represented shall be entitled to one vote

262

1 8 T0-'71.— Chapter 174—175.

Power to enforce on all questions. And said company shall have power to
call for and enforce the payment of all stock in the like
manner as the Western North Carolina Railroad Company,
may enforce the same under their charter, and shall have
power to condemn land for the use of the company, if neces-
sary to the same, and in the same manner)^and under the
same rules, regulation and restrictions as the said Western
North Carolina Railroad Company were authorized to do by
their said charter.

Sec. 6. That the northern section of said road shall be
completed first, commencing the work at Statesville, and
said company shall have power to borrow money for the

May issi;e bonds, completion of said road, and issue bonds for the same, bearing
interest not exceeding eight per cent, per annum, and secure
the payment of said bonds by procuring personal endorsers,
or executing mortgages upon their road or other property,

Exclusive rights, and that said company may have exclusive right of trans-
porting persons and freight upon said road at such rates and
charges as the board of directors may fix.

Sec. 7. This act shall be in force from and after its ratifi-
cation.

Ratified the 31st day of March, A. D. 1871.

Northern section
to be first com-
pleted.

When act to be in
force.

CHAPTER CLXXV

AN ACT DEFINING THE DUTIES OF THE KEEPER OF THE CAPITOL.

Powers and duties
of keeper.

Section 1. The General Assembly of North Carolina do
enact, That the keeper of the capitol shall perform all the
duties and have all the rights prescribed in chapter 103, of
the revised code, for keeper of the capitol and capitol
grounds ; and as to the manner of performing his duties he
shall be under the general directions of a board, consisting of
the governor, secretary of state, treasurer and attorney gen-
eral ; but he shall have the absolute right to appoint and

1870-'T1.— Chapter 175—176. 263

■control all lawful subordinates, such as watchman of the
-capitol, workmen on the grounds, and servants about the
■capitol and its appurtenances.

Sec. 2. That there shall be no superintendent of capitol capitofs?imS°^
square as contra-distinguished Irom the keeper of the capitol.

Sec. 3. That the keeper of the capitol shall also have Ch«rge of Arse-

charge of the arsenal located in the capitol square, under the

superintendence of the adjutant general, and shall receive

fifty dollars per year for the performance of his duties in

that particular ; and the separate office of keeper of the

arsenal is hereby abolished.

Sec 4. That this act shall take efiect from the date of ^^^n act to take

effect,
its ratification.

Eatitied the 31st day of March, A. D. 1871.

CHAPTER CLXXYI.

AN ACT TO REDUCE THE BOND OF SUPERIOR COURT CLERK AND
PROBATE JUDGE OF DARE COUNTY, NORTH CAROLINA, FROiT
TEN THOUSAND TO THREE THOUSAND DOLLARS.

Section 1. The General Asseimhly of JVarth Carolina do Bond reduced.
e7iaci, The probate judge or superior court clerk of the
county of Dare be allowed to discharge the duties of said
ofiice upon filing with the proper officer a justified bond for
the sum ot three thousand dollars, with the same conditions
and restrictions as usual in such Ijonds ; Provided', That Proviso,
such probate judge or superior court clerk shall be elected
by the qualified voters of the county of Dare at an election
to be held for that purpose on the first Thursday in August
next, under the rules and regulations now prescribed by
law for other elections.

Sec 2. This act be in force from its ratification. Wlicajact to be In

Ratified the 31st day of March, A. D. 1871. t ^''"'^'

264

1870-71.— Chapter 177.

CHAPTEK CLXXVII

AN ACT CONCERNING MUNICIPAL OFFICERS.

Municipal officers
to transfer pro-
perty to succes-
eors.

Penalty for
failure.

Tax listB,

When act to be in
force.

Section 1. The General Assemhly of North Carolina do
enact, That all municipal officers, mayors, aldermen, com-
missioner or tax collector, of any town or city, who shall, on
demand, fail to turn over to their successors in office the pro-
perty, books, moneys, seals or effects, of such town or city,
shall be deemed guilty of a misdemeanor, and upon convic-
tion before the superior court of the county in which such
town or city is located, shall be imprisoned for not more
than five years, and fined not exceeding one thousand do'
lars, at the discretion of the court.

Sec 2. All tax lists, either county or municipal, which
have or may hereafter be placed in the hands of any sherifi^
or tax collector, shall be at all times under the control of
the authorities imposing the tax, and subject to be corrected
or altered by them, and shall be open for inspection by the
public, and upon demand by the authorities imposing the
tax, or their successors in office, shall be surrendered to the
lawful authorities for such inspection or correction, and any
sheriff or tax collector who shall refuse or fail to surrender
his list upon such demand, shall be deemed guilty of a mis-
demeanor, and upon conviction, be subject to the penalties
imposed by the first section ">f this act.

Sec. 3. This act shall be in force from and after its ratifi-
cation, and all laws coming in conflict with this act are hereby
repealed.

Eatified the 31st day of March, A. D. 1871.

t-f

1870-71.— Chapter 178. 265

CHAPTEKCLXXVIII. :,

AN ACT TO ENABLE THE NORTHWESTERN NORTH CAROLINA \

RAILROAD COMPANY TO COMPLETE THEIR ROAD TO SALEM. '

"Whereas, The state, by her appropriations and other Preamble. |
pledges, did induce and encourage the Northwestern North

Carolina Railroad Company, chartered by ordinance of the j

convention in the year one thousand eight hundred and sixty- ';

eight, to lay out their line of railroad, and by private sub- ;

scriptions, to grade and construct their road bed, with -.
bridges, cross-ties, and some depot buildings, as far as the

towns of Winston and Salem, in Forsythe county, and b}' !

the withdrawal of such aid by the state, the said company \

are without present means ot completing said road ; and ]

whereas, it is greatly to the interests of the state and espe- j

cially the fertile region thereof, through which the projected ;
line of said road will pass, that the same shall be at once
completed to Salem, and as soon thereafter as practiacble

to the Tennessee line : i

Section 1. 77w General AssemUy of North Carolina do Company may "^ |

mi 1 • T -\T 1 TVT 1 /-. T T-. .1 1 consolidate with J i

e)iact, Ihat the said JN orthwestern JNorth Carolina Kailroad other railroad
Company shall have the right and their charter is hereby
BO amended as to enable them at any time within two (2)
years after the ratification of this act, to unite such consoli-
dation with any other railroad company, whose line, now
built or to be built, under any existing charter, con- |

nects with or may under such existing charter connect with !

the line of the said Northwestern North Carolina Railroad 1

Company, and who will agree and contract with the said
Northwestern North Carolina Railroad Company to build !

and complete the same from Greensboro' to Salem, in "For- j

sythe county, without delay. !

Sec. 2. That for the purpose of carrying into effect the Amendment to \

-^ -^ ./ D charters of con- '

provisions of the foregoing section, it shall be lawful for any ncctint; roads.
of the said railroad companies which connect or may con-
nect as aforesaid, with the said Northwestern North Caro-

266 1870-'71.— Chapter 178.

lina E.ailroad Company, and the respective charters of such
roads are hereby so amended as to enable tliem, at a special
meeting of the stockholders called for such purpose, or at
any regular meeting after the ratification of this act, to con-
sider and agree to propositions of the said Northwestern
North Carolina Railroad Compan3% to unite and consolidate
with such company, as provided for in section one of this
act, and to contract with the said Northwestern North Caro-
lina Railroad Company for such completion of their road
from Greensboro' to Salem, as aforesaid, such contract, if
accepted by both contracting parties to be signed by the
presidents of such contracting companies, in duplicates, one
to be preserved by each of said companies.

Transfer of rights Sec. 3. That upon the execution of such contract and the

franchises completion of the said road from Greensboro' to Salem,

according to the terms of the contract, all the powers, rights,
privileges, immunities and franchises of the said Northwes-
tern North Carolina Railroad Company shall be transferred
to, conferred upon and vest in the said connecting railroad
company contracting as aforesaid with the said Northwestern

Pro^so. North Carolina Railroad Company; Provided^ Jwwever^

that the holders of certificates of stock in the said North-
western North Carolina Railroad Company, who have fully
paid up their subscriptions thereto, shall be equal share-
holders in the consolidated company.

Repealing clause. Sec. 4. That all laws, charters and clauses thereof incon-
sistent with this act, are hereby repealed.

When act to take ^^^' ^' "^^^^ ^^^ &h.2i\l take effect from its ratification.

effect Ratified the 31st day of Maroli, A. D. 1871.

ISTO-'Tl.— Chapter 179. 267

CHAPTER CLXXIX.

AN ACT TO AMEND AN ACT TO PROVIDE FOR THE EXLARCiE-
MENT, INCREASE OF DEPTH, AND COMPLETION OF THE
ALBEMARLE AND CHESAPEAKE CANAL, RATIFIED ON THE
SECOND DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED
AND FIFTY-SEVEN, AND TO REPEAL AND A3IEND CERTA.IN
OTHER STATUTES.

Section 1. The General AssemUu of North Carolina do Conditional re-
enact, That provided a majority of the directt)rs shall be
resident citizens of North Carolina, that the second section
of chapter forty-six of the private laws of North Car(.ilina,
ratified on the second day of February, anno doniini
one thousand eight hundred and fifty-seven, entitled " an
act to provide for the enlargement, increase of depth, and
completion of the Albemarle and Chesapeake Canal be and
the several sections is hereby repealed.

Sec. 2. That with the view of increasing the business of Company a^ithor-

said canal, the president of the Albemarle and Chesa])eake to capital stock of

Company is hereby authorized to subscribe to the capital °^^^'^'" ^^^^^^'

stock of any other canal in North Carolina connected by

navigable water with said Albemarle and Chesapeake Canal,

a sum not to exceed one-half the capital stock of such other

canal to be paid for in work and material. The capit.al

stock of such other canal is to be held by the Albemarle

and Chesapeake Canal Company when thus acquired in the

same way as the other personal property belonging to it.

Sec. 3. That chapter one hundred and twenty-one of the Repeal of prcvl-
1 ^ -v^ 1 /-I T •!! ^ 1 *^ • 1 1 n Oils act in rela-

private laws of iNortli Carolina, ratified on the sixth day of tion to state

FebruaiT, anno doinini one thousand eight hundre<l and

sixty-one, entitled an act to continue the improvement and

provide for the equipment of the Albemarle and Chesapeake

Canal and the waters connecting therewith, " which said act

provides for the ajipropriation of two hundred thousand

dollars of the bonds of this state and their exchaiii^e for the

bonds.

268 1870-'71.— Chapter 17v)— 180.

bonds of said canal company, be and the same is hereby
repealed.
No proceedings to Sec. 4. That no Icffal proceedings commenced by virtue

be had against , or n j

the company for or authority of an act entitled "an act to authorize the

charter. public treasurer to pay the attorney general such sums of

money as may be required to conduct a suit against the

Albemarle and Chesapeake Canal Company," ratified on the

seventeenth day of March, anno domini one thousand eight

hundred and seventy, shall be prosecuted to enforce the

forfeiture ol the charter of said Albemarle and Chesapeake

Canal Company, alleged to have been incurred by said

canal company by reason of its not complying with the

provisions and requirements ot section second, of chapter

forty-six, of the private laws of North Carohna, ratified on

the second day of February, one thousand eight hundred

and fifty-seven, which said second section is repealed by

section first of this act.

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

ratification.

Eatified the 31st day of March, A. D. 1871.

CHAPTER CLXXX.

AN ACT TO EXTEND THE TIjIE FOR THE REGISTRATION OF
GRANTS, DEEDS AND OTHER CONVEYANCES.

Time extended SECTION 1. The General Assembly of North Carolina do

grants^of lanif and enact, That all grants of land in the state, all deeds of con-
ot er instruments ygyance of the same, all powers ot attorney, and every other
instrument in writing which is required by law to be regis-
tered within or by a given time and has not been proved
and registered within or by such time, may be proved and
registered within two years alter the passage oi this act
under the same rules and regulations as heretofore required
by law ; and when so proved and registered, shall be as good

1870-'71.— Chapter ISO— 181. 260

and valid to every intent and purpose as if they had been i

duly proved and registered ; Provided, That nothing herein Proviso. !

contained shall be so construed as to extend to mortgages, ]

and deeds in trust, and to marriage settlements.

Sec. 2. That all grants for land, deeds for land, powers of instruments not
attorney, and other instruments required by law to be regis- yaul^^^ ™* ^
tered before the first day of October, one thousand eight
hundred and sixty-nine, and the same has been duly proved ,

and registered since that time, the said registration shall be |

as valid and efiectual in law, to every intent and purpose, as \

if the said grants, deeds, powers of attorney, and other in-
struments in writing had been duly proved and registered \
before the said first day of October, one thousand eight
hundred and sixty-nine.

Sec. 3. This act shall be in force from and after its ratifi- w^^n act to be in ]

force. \

cation. i

Pwatified the 31st day of March, A. D. 1871. !

CHAPTER CLXXXI.

AN ACT SUPPLEMENTAL TO AN ACT PASSED AT THE PRESENT
GENERAL ASSEMBLY, ENTITLED AN ACT TO LAY OFF AND
ESTABLISH A COUNTY BY THE NAME OF SWAIN.

Section 1. The General Asserahly of Nm'th Carolina do Rights of county,
enact, That the county of Swain shall be and is hereby
invested with all the rights, privileges and immunities of
the counties in this state, except as is hereinafter provided.

Sec 2. Joseph Keener and J. R. Dills, or either of them, Survey,
are hereby authorized as surveyors, to employ such assistants
as may be necessary, and run and make the line between
the county of Swain and the counties of Macon and Jackson,
beginning on the line of Cherokee county where the road
crosses said line leading from Nantahala river to Cheoah,
and following the line as indicated in an act ratified at the

270

1S70-'71.— Chaptee ISl.

Division of town-
ahipsj

County election;

Townsliip trus-
tees.

Sheriflfof Maeon
county to give no-
tice of election.

present session of the general assembly, establishing the
county of Swain.

Skc. 3. In running the boundary line atoresaid, it any town-
ship shall be divided, the fractions of any townships thus made,
shall be and the same are hereby erected into separate and
distinct townships, and shall have coqDorate powers for the
necessary purposes of local government therein, and the
officers residing within the fractions falling to the counties
of Macon and Jackson, if any, shall continue to exercise the
same power in such townships, as if this act had never been
passed, and in the fractions thus falling to said counties, if
there are vacancies, the same shall be filled according to-
law.

Sec. 4. An election shall be held in the county of Swain
on the first Thursday in June, one thousand eight hun-
dred and seventy-one, for the purpose of electing a clerk of
the superior court, a sheriff, a treasurer, a register of deeds,
a sm'veyor, five commissioners and a coroner, who, after
having qualified and filed bonds as required by law, shall
fill their respective ofiices until their successors shall have
been appointed, or are elected at their next regular election
and shall have legally qualified.

Sec. 5. At the same time as specified in the foregoing
section, a township board of trustees shall be elected in each
of the townships in the county of Swain as they now exist,
or are created by this act, who shall hold their ofiices until,
the first Thursday in August, one thousand eight hundred
and seventy-three, and until iheir successors shall have been
qualified according to law.

Sec. 6. It shall be the duty of the sherifi" of Macon county
immediately after receiving a certified copy of this act, to
to advertise by posting a notice at some public place in each
of the townships in the county of Swain, including the frac-
tions aforesaid, that an election will be held in said county
and in each of said townships, on the first Thursday in June
next, (1871) for the purpose of electing the officers afore-
named, in sections three and four of this act.

1S70-'71.— Chapter ISl. 271

Sec. 7. It sliall be the duty of the eo\mty commissioners Commissioners of

" ... Macon county to

of the count}' ot Macon, and of the sheriff of said connt}', to provide for eiec-
make all necessary preliminary arrangements for holding
the election aforesaid, and at the time aforesaid, in the same
wa}' and manner as if said election wa« to be held in the
county of Macon, at a regular election ; and it shall be the
further duty ot the said sheriff, to superintend the holding
of said election in the same way and manner as if it was held
in the county of Macon otily, and to eee that the returns
thereof are duly authenticated and returned to the commis-
sioners of Macon county at the courtliouse, in Franklin, on
the second Thursday in June next, (1871) who shall meet at
that time and place for receiving, comparing and announcing
the result of said election, and issuing certificates of election
to such persons as shall have received the greatest number
of votes, for the several offices as above enumerated, which
several certificates shall be delivered to the sherifi' elect of
Swain county, to be delivered by him forthwith to the par-
ties entitled thereto.

Sec. 8. The first meeting of the commissioners ot Swain First meeting of
county shall be held at Coald Spring Meeting House, on the swaiu'county.^ _
waters of Alarka Creek, on the tliird Monday in June, one
thousand eight hundred and seventy-one, for the purpose of
taking the oatii of office, to be administered by any acting
justice of tiie ])eace residing in tire county of Macon or Jack-
son, and said commissioners, after having qualified, shall be
deemed and taken to be, and shall be duly organized aboard
of comnn'ssionei's for the county of Swain, with all the ordi-
nary riglis, privileges and powers of such boards in the
several counties of this state.

Sec. 9. The commissioners of Swain county shall, at their piaoc of holding
first meeting, which may be continued from Monday until
Saturday inclusive, select, fix upon a place for holding the
superior court and commissioners courts, until a permanent
seat of justice shall be determined upon, and a temporary or
permanent courthouse erected thereat.

Sec. 10. The sherifi'and other officers to be elected under Bonds of officers,
the provisions of this act, whose duty it shall be to filebonds,

272 1870-'71.— Chapter 181.

shall file the same during the first meeting of the board

aforesaid, after which they shall have the authority, and

exercise the rights given respectively to the same officers in

the other counties of the state.

Failure to give Sec. 11. Any officer who shall be elected at the election

bond. . .

provided for in this act, and who, being required to file a

bond or bonds, shall fail so to do at the first meeting of the

board ot commissioners of Swain county, shall be taken as

declining to fill such office, and a vacancy shall exist, to be

filled according to law.

Commissioners of Sec. 12. That the county officers in the counties of Macon

Macon and Jack- ^ -'

son counties to and Jackson shall continue in the exercise of all their official

continue au- . . , , , . „ , r. <-. . / .1 i

thority. duties withm the limits of the county of bwain, (until the

commissioners of Swain county are elected and qualified,) in
the same manner, and to the same extent as if the county of
Swain had not been established.

Transfer of cases Sec. 13. That all the civil causes that shall remain on the

from Superior . - , /. t i -nr • 1

Court Dockets, superior court dockets of J ackson or Macon county, inclu-
ding those on the dockets of the judge of probate of Jackson
and Macon counties, after the first day of May, one thousand
-eight hundred and seventy-one, in which both plaintift'
and defendant are citizens of Swain county, shall be trans-
ferred by the clerks of the aforesaid courts of Jackson
and Macon, to the county of Swain for trial, under the
same rules and regulations that govern the removal of
causes from one county to another, except that no order
or affidavit of the court, shall be necessary thereto ; and it
shall be the duty of said clerks to deliver the transcripts
of record of such suits, to the clerk of the superior court
of Swain county at least twenty days before the fall term,
one thousand eight hundred and seventy-one of said court ;
and all of said causes shall then stand for trial at that term,
and it shall be the duty of the clerk of said court to pre-
pare a docket for the trial causes, and to place the causes
transmitted in the same order that they stood on the dockets
of Macon and Jackson.

Criminal actions. Sec. 14. Where criminal actions are now pending in any
superior court against any citizen of the county of Swain, or

1870-71.— Chafi'er 181. 273

where the same shall be instituted at spring term, one thou-
sand eight hundred and seventy-one, the same shall be con-
tinued and prosecuted therein as now provided by law.

Sec. 15. That all persons who may be liable to imprison- J^ii.
ment under any process, either civil or criminal in Swain
county, before the completion of the jail therein, may be
committed to the jail ol either Macon or Jackson county.

Sec. 16. There shall be a superior court opened and held J^'*'^''^^"'*''
for the county of Swain, and on the twelfth Monday after
the third Monday in August, one thousand eight hundred
and seventy-one, and on the twelfth Monday after the third
Monday in March and August, in each and every year there-
after, at such place as may be determined upon, according
to the provisions of section nine of this act ; and the judge
of the twelfth judicial district shall preside thereat.

Sec. 17. That William K. Crawford and F. P. Allison of SeTlutoT*'
Jackson county, and R. V. Welch of Haywood county, and county seat.
James D. Franks and Alfred Hall of Macon county, be and
they are hereby appointed commissioners to select and
determine upon a site for a permanent seat of justice for the
county of Swain, and for that purpose shall meet at Frank
Leaches, near the mouth of Nantahala river, on Monday, the
eighteenth day of June, one thousand eight hundred and
seventy-one, and if a majority of said commissioners be
present they shall proceed from day to day to examine such
localities as any two of said commissioners may deem it
necessary to \asit, ir. selecting a suitable site for a permanent
seat of justice for Swain county. If a majority of said com-
missioners shall agree upon a single point or place, the same
shall be the seat of justice for said county, and they shall
report this fact without delay in writing, to the chairman of
the board of commissioners of Swain county. But in case a
majority of said commissioners shall not concur in any one
point or place, then they shall name two places and certify
the same to the chairman aforesaid in writing ; and in that
event the county commissioners of said county shall take
such action, and make such arrangements as may be necessary,
to submit the question of place to the qualified voters in

274 1ST0-'71. -Chapter 181.

Question may be said coiintv at an election to be held on tlie first Thursday

submitted to .. , ipi.ii.it,,

voters. m August next, the result ot which election shall be ascer-

tained by the sheriff, and certified to by him in writing to
the board of county commissioners aforesaid, and the place
receiving the liighest or greatest number of votes, shall be
the permanent seat of government of Swain county.

County seat to be Sec. 18. When a permanent seat shall be determined
named Charleston *■

upon accoi'ding to the provisions ot section seventeen of this

act, the county commissioners shall proceed at once to pro^
cure, by donation or purcliase, not less tlian twenty-five nor
more than two imndred acres of land within one mile of the
selected point, whicli land shall be coiiAeved to the chair-
man of the board ot county commissioners and his successors
in ofiice foi"ever, for the use of said county ; and furtlier,
they shall take such action as may be necessary to have said
land laid off in lots and streets of such size and width as
they may deem right and proper in said town, which shall
be called Charleston, and shall be the yeat ol'jastice for said
county ; and after designathig such of the lots as shall be
kept for public purposes, the said county commissioners,
after thirty days public notice, made in such manner as they
may deem best, shall expose said lots, or such of them as
they think should be sold, to sale at public auction, on a
credit of one, two and three years, with interest from date,
taking bond and security of tlie purchaser therefor, payable
to the chairman of the county commissioners of said county,
who shall hold the same subject to the order of his board.

Distribution of Sec. 19. That until otherwise provided, the distribution

school fund. ^ '

of the school fund shall be made, and the manaffement

thereof in said county of Swain, continued, as if this act and
the act establisliing Swain county bad never been passed.
Representation in Sp:c. 20. That tiie counties of Macon and Jackson shall
continue to be represented in the general assembly as here-
tofore, and the qualified voters taken from said counties
shall continue to vote with the counties to v/hich they here-
tofore belonged, except in elections for county officers, until
the general assembly shall otherwise provide, and the sheriffs
of Jackson and Macon counties shall continue to hold all

General Assembly

1870-71.— Chapter 181. 275 ;

elections, save those excepted in this section, at tlie same I

times and places in all the territory heretofore compre j
hended in their respective counties, and under the same

rules, regulations and restrictions, and make the same :,

returns, as if the act establishing the county of Swain and |

this act had never been ])assed. !

Sec. 21. The register ol deeds in Jackson county shall, on J™^f ^'.^^ff/'- ;

or before the first Monday in June next, lurnish to the Jackson county. !

due citizens of Swain county, with the proper number of ^

such claims prefixed, and mark each of such claims on his • I
own docket, "transferred to Swain county," and shall trans-
mit the same to the register of deeds in said county of Swain
who shall enroll the same for payment therein, according to
their numerical order.

Sec. 22. That after the organization of said county of Apportionment of j

^ , "^ . county deot. I

-Swain, it shall be the duty of the commissioners of Swain i

county to appoint one or more persons who may be mem- j

bers of their boards, to meet with the same number of per- 1

sons appointed in the same manner by the commissioners of

Macon county, whose duty shall be to examine and ascertain ;

the amount of the outstanding debts of Macon county, at the

ratification of this act, and to agree and report to their respec- |

tive boards the amount of such debts, and also the equitable 1

proportion of said debt that should be assumed by the county ;

of Swain, also the manner in w^hich said equitable propor- j

tion may be paid, and the time in which it may be paid. ■ J

Sec. 23. This act shall be in force from and after its rati- wiicn act to be in ;

fication. j

Ratified the 31st day of March, A. D. 1871. !

276 1870-'71.— Chapter 182.

CHAPTER CLXXXri.

AN ACT TO CHANGE THE TIME OF HOLDING THE SPRING TERM
OF THE SUPERIOR COURTS OT BEAUFORT AND PITT COUNTIES
FOR THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVEN-
TY-ONE.

Spring terms of SECTION 1. The General Asseiyibly of North Carolina do

court for Beaufort mi i • /• i • > i

and Pitt counties, enact, Ihat the spring term oi the superior courts oi the
counties of Beaufort and Pitt, for tlie year one thousand
eight hundred and seventy-one, shall be held as follows, to-
wit : the court of Beaufort on the fourteenth Monday after
the third Monday in February, and the court of Pitt on the
sixteenth Monday after the third Monday in February.

Sec 2. That all process, recognizances and other legal
proceedings m civil and criminal actions which have already
been issued and had, or which may hereafter be issued
and had, returnable to the spring term of said courts of Beau-
fort and Pitt, in the year one thousand eight hundred and

Returns. seventy-one, shall be deemed and held returnable to the

terms of said courts as now fixed by this act, and all persons
who have been recognized or bound, or summoned to appear
at the spring term of said courts for the year one thousand
eight hundred and seventy-one, are hereby required to appear
at the terms thereof as prescribed in this act ; and the secre-
tary ol state shall forthwith cause this act to be published
and furnish the sheriffs and clerks ot the superior courts of
Beaufort and Pitt with a copy of this act.

Repealing clause. Sec. 3. That all laws and parts of laws inconsistent with

this act are hereby repealed.

When act; to take Sec. 4. That this act shall take effect from and alter its
effect. ,.f. ,.

ratmcation.

Ratified the 31st day of March, A. D. 1871.

1870-'71.— Chapter 183. 27T

CHAPTEK CLXXXIII. j

AJf ACT TO AUTHORIZE THE COMMISSIONERS OF JOHNSTON COUNTY

TO ISSUE BONDS FOR THE PURPOSE OF FUNDING AND PAY- ]

ING OFF THE COUNTY DEBT. ]

Section 1. The General Assembly of North Carolina do Coupon bonds. I

enact^ That in order to liquidate the debts of the county of '

Johnston, the commissioners of said county are hereby au- i

thorized to issue coupon bonds, not exceedinsr in amount the . . ^ ^ I

^ 2 '=' Amount and de- \

sum of ten thousand dollars, in denominations of not less nominations. j

than ten nor more than one hundred dollars. '

Sec. 2. Tliat said bonds shall fall due and be pa^^able jBve Time and interest.^ \

years from the date of their issue, and shall bear interest at *

the rate of six per cent, per annum, and the coupons or said :

bonds shall be receivable in payment of the county taxes for j

any fiscal year in which they may fall due, and said coupons \

shall be payable on the first day of October in each year. "^

Sec 3. That said bonds and the coupons thereon shall be Bonds how issued. \

issued by the chairman of the board of commissioners and \

countersigned by the clerk of the board, which latter ofiicer

shall keep a book suitable for the purpose, in which he shall ;

keep an account of the number of bonds issued, their amount j

and to whom issued, and the amount of bonds and coupons j

received and cancelled, that upon an inspection of said book 1

a true state ot the county debt may be seen, for which \

service he may receive a reasonable compensation to be fixed '

by the board.

Sec. 4. That said county commissioners shall have the Bonds may be re- I

privilege to redeem said bonds at any time alter the expi- ^°™*^ ' j

ration of one year, and it shall be the duty ot the county I

treasurer each year to apply the proceeds of the tax raised 1

under section five of this act, first to the payment of the j

coupons ot said bonds ; second, to the payment of any debts ^

due by the county, and lastly, under the order of the com- :

missioners to set apart any overplus of said tax as a sinking '

fund to meet said bonds wlien due.

278

1870-'71.— Chapter 183—184.

Special tax.

"Whenjact to be in
iforce.

Sec. 5. That said commissioners of Johnston county are
hereby authorized to levy a tax of not more than one-seventh
of one per cent, on the real and personal property, (and on
each taxable poll of said county tax, in pi-oportion to three
hundred dollars worth of property as required by the con-
stitution,) of said county tor the purpose of paying interest
upon and redeeming said bonds and such debts as are now
or may be contracted lor prior to the first of January, one
thousand eight hundred and seventy-five.

Sec. 6. That said commissioners be authorized to levy
said tax from year to year until all the bonds and debts of
said county are paid, to the first day of January, one thou-
sand eight hundred and seventy-five.

Sec. 7. That this act be in force from and after its rati-
fication.

Katified the 1st day of April, A. D. 1871.

CHAPTER CLXXXIY.

AN ACT FOR THE PROTECTION OF FAIR GROUNDS.

Appointment of
police.

Policemen to be
sworn.

Powers.

Section 1. The General Asserably of North Garolina do
enact, That any agricultural, horticultural or other society
for the encouragement of agriculture or mechanical or other
industrial art or business, incorporated by any law of this
state or acting under a general law, shall, for the preservation
of order and the protection of exhibitions, have power by
their executive committee or other authorized officers, to
appoint policemen with the powers and duties hereafter
mentioned.

Sec 2. Such policemen shall be sworn to the performance
of their duty before a judge, mayor or other chief officer uf
any city or town, or any justice of the peace, whereupon
they shall have the same .power and duties for the arrest of
criminals and disorderly persons a? are possessed by the con-

1870-'71.— Chapter 184. 279

stables or policemen of any city or town, within the lair j

grounds or within one hundred yards thereof, and such
power and authority shall continue for a period extending ]

from Friday before the week of the tair to Tuesday after :

the same, both inclusive. •

Sec. 3. It shall be the duty of such policemen to assist in Duties of police. '

carrying into effect the rules and regulations adopted by the
lawful authorities of such agricultural or other societies as ;

aforesaid, and any drunken or disorderly person, or any
person who shall, after being warned, continue to break j

the rules or regulations of the society, may be excluded or
removed from the fair grounds, and if after being so excluded,
he shall offer to enter the same without the permission of
the society; he shall be guilty of a misdemeanor. j

Sec. 4. If any person shall, without license of the owner, vioiation'of rules I
or any agricultural or other society as aforesaid, unlawfully ^pj^^^qq^ * °"^' '

carry away, remove, destroy, mar, deface or injure anything ■

animate or inanimate, while on exhibition on the grounds of \

any such society, or going to or returning from the same,
he shall be guilty of a misdemeanor. It shall be sufficient j

in any indictment for any such offence, or for the larceny of Penalties. j

any such thing, animate or inanimate as aforesaid, to charge
that the thing so carried away, destroyed, marred, injured,
or feloniously stolen, is the property of the society to which i

the said thing shall be forwarded for exhibition. j

Sec. 5. Anything animate or inanimate shall not be liable Exemptions from 1
to seizure under execution, attachment or other process of euUGnVAc*^*^ ^^^"
law, while on exhibition on any fair grounds of any such
society as aforesaid, or going to or returning from any such
grounds ; such exemption being only for a period of five i

days before and five days after any fair. j

Sec. 6. Any agricultural society shall have power to society may ap- 1

appoint an auctioneer to sell at auction things animate or ^^"^^ auctioneer. j

inanimate, which have been exhibited at any fair on the I

fair grounds, and such sales being made during the week of J

the fair, shall not be liable to taxation, nor shall such auc- |

tioneer, selling only as aforesaid, be liable to pay a license ; I

tax.

280

1879-'71.— Chaptek 184—185.

men act to be ia Sec. 7. All laws or parts of laws coming in conflict with
any of the provisions of this act, are hereby repealed.

Sec. 8. This act shall be in force from and after its rati-
fication.

Katified the 1st day of April, A. D. 1871.

CHAPTER CLXXXV.

AN ACT TO INCOKPOKATE THE WARRENTON AND MACON TURN-
PIKE COMPANY.

Corporate name.

Corporators. SECTION 1. The General Assembly of North Carolina do

enact, That Edward Hall, B. J. Egerton, Sam'l. W. Doutine,
J. D. North and E. H. Plummer, and such other persons
as may associate with them for thepm-poses hereinafter men-
tioned, be and they are hereby declared a body politic and
corporate, under the name of the Warrenton and Macon
Turnpike Company^ for the purpose of constructing a turn-
pike road between the town ot Warrenton and Macon sta-
tion, on the Raleigh and Gaston Railroad, and that under

Location of road, said corporate name may sue and be sued, plead and be im-
pleaded, have perpetual succession and a common seal.

Sec. 2. That said persons or any two of them may open
books in Warrenton and keep them open until the whole of
the capital stock of said company, which shall consist of
sixty shares of fifty dollars each, shall be subscribed.

Sec. 3. That the stockholders shall elect annually a board
of not less than three directors, which directors shall choose
a president, who, with the said directors, shall continue in
oflfice until the next annual meeting of the stockholders, and
until their successors shall be elected ; but no failure to elect
shall work a forfeiture, and in the absence of the p«\esident,
a majority of the board of directors may appoint a president
Ijre tem.j for the dispatch of business, and the board may
supply a vacancy in their body until the next annual meet-
ing after such vacancy shall occur.

Capital stock and
shares.

Board of Direct
ors.

President.

Vacancies.

1S70-'71.— Chapter 185—186. 281 |

Sec. 4. That in all other things the said company shall be Powers, priviiegea |
governed by the provisions of the act in relation to turnpike ' " ' !
and plank road companies as contained in the revised code, ,
chapter sixty-one, and shall have all the necessary and usual ;
privileges of making by-laws for its government, condemn-
ing land, collecting taxes, requiring bonds of its officers, and i
representatives of stock by proxies. '*

Sec. 5. This act shall take effect from and after its ratifi- When aet to take !

efFect.

cation. !

Ratified the 1st day of April, A. D. 1871. I

CHAPTER CLXXXYI.

AN ACT IN RELATION TO FISHING IN THE WATERS OF PAMLICO
AND TAR RIVERS, AND OF TRANTEr's CREEK,

Section 1. The General Ass&tnbly of North CaroliTUt do Restrictions oa
enact, That it shall not be lawful lor any person to draw a ^^^°® ® °^'
seine or net in the waters of Pamlico, or Tar river, or of
Tranter's creek, between the blockade near Hill's Point,
below the town of Washington, and the falls at William S.
Battle's factory, or from the mouth of Tranter's creek to the
Myers' mill-dam, on said creek, alter the hour of noon on
Saturday's until daylight on Monday mornings in the months
of February, March, April and May.

Sec. 2. That any person violating this act shall, for each violation of this
separate offence, be guilty of a misdemeanor, and on con vie- ^^^t a misdemeanor
tion thereof, shall be fined or imprisoned at the discretion of
the court, the fine not to exceed fifty dollars and the impris-
onment not to exceed one month.

Sec. 3. That an act entitled an aot in relation to drawing Repeal. ^ -j
seines in the waters of Tar river and Tranter's ereek, rati-
fied the twenty-eighth day of March, anno doraini one thou-

282

1870-'71.— Chapter 186—187.

sand eight hundred and sevent}'-, be and the same is hereby
repealed.

Whea act to be in Sec. 4. This act shall be in force from and after its ratifi-
cation.
, Katified the 1st day of April, A. D. 1871.

force.

CHAPTEK CLXXXVII.

AN ACT IN EELATION TO THE MEADOWS OF ROCKINGHAM

COUNTY.

Eiver Dan a law-
ful fence.

Smith river.

Gates upon public
roads.

Fence law to be
submitted to
voters.

Section 1. The General Assemhly of North Carolina do
enact, That the river Dan shall be a lawtul fence from the
state line near Perkin's ferry to the Leaksville bridge, near
mouth of Smith river.

Sec. 2. That Smith river shall be a lawtul fence from its
mouth to the state line.

Sec. 3. That it shall be lawful for the citizens living
north of Dan and east of Smith river to keep, free from
taxation, gates across the public roads where the said roads
intersect said section, and that one gate can be placed west
of Smith river near Island pond.

Sec. 4. That Geo. S. Aiken, Geo. Pilvy, Geo. W. Martin,
Sheila Hamlin and Granderson Broadnax, or any three of
them, shall open polls at Blue creek schoolhouse on Satur-
day, April twenty second, one thousand eight hundred and
seventy-one, when the qualified voters living nortli of Dan
and east of Smith river in Rockingham county may vote for
or against the fence law. Those wishing to have no fences in
said limits shall vote, " ISTo fences ;" those wishing to keep
the fences in said district shall vote, " For fences ;" and if
a majority of said votes cast shall be "I^o fence," then
chapter forty-eight of revised code shall cease to be in force
within said limits, and if any live stock trespass upon or
damage the lands or crop within said limits, the said live

1870-'T1.— Chapter 187. 283 |

stock may be taken up by the owner or renters of lands or )

crops so damaged, and said owners or renters shall make injury by Uvo !

complaint to a justice of the peace, who shall issue a sum- ^*°^^- ^

mons, directed to any lawful officer of his county, com- ^

mandino; him to make known to the owner of such live stock i
such complaint and the time of trial, and shall also summon

three voters of said district, unconnected with either party, j

to appear before him, who, after being sworn by the justice, j
shall view and examine, and ascertain and assess what

damage has been or may be sustained by reason of such i
trespass, and certify the same under their hands, and the Damages.
justice shall enter judgment against the owner of the stock

for the damages assessed, costs of suit and expenses of keep- .;

ing said stock by owners or renters of the land or crop j
damaged, and shall issue execution therefor ; and if said ' i j

execution is not forthwith paid, the officers of the court shall, ]

after ten days notice, sell at public auction the live stock i

which committed the trespass, whether the said stock be !

taken up by the owner or renters of land, or be in the '
possession of the owner of said stock ; and if any person

shall, with gun, dog or otherwise, unreasonably chase, worry, ^

maim or kill any such stock, or cause the same to be done ]
when trespassing upon his lands or crops, the occupant of

the premises, on complaint being made to the justice of the i

peace as aforesaid, shall make full satisfaction for all such ' j

damages to the party injured, to be ascertained and recovered ;

as provided in this section. ]
Sec. 7. This act shall be in force after its ratification. ^^^^^^^ ^^^ to be in '

Ratified the 1st day of March, A. D. 1871. force. j

384 1870-'71.— Chapter 188—189.

CHAPTEKCLXXXYIII.

AN ACT KEQUIRIKG ALL STATE, COUNTY ANT; MUNICIPAL OFFICER&
TO BE VOTED FOR ON A SEPARATE BALLOT.

Candidates to be SECTION 1. The General Asse'inMv of North Carolina do

voted for on sepa- , mi , • n i ,• i ,. i i i i • i •

rat^ btdiots. enact, Inat m all elections hereaiter to be held in tins state

for all state, county and municipal officers, candidates

for each of the different offices shall be voted for on a

Proviso. separate ballot, either printed or written ; Provided, That

candidates for the office of county commissioners, candidates
for seats in the house of representatives, in such counties as
are entitled to two or more members, and candidates for
seats in the senate in the districts that are entitled to two or
more senators, shall be voted for on one ballot, for their
respective offices.

SepaMte ballot ^^^* ^* ^^^ county commissioners shall provide separate

boxes. boxes in which to deposit the ballots cast for every election

precinct in their respective counties, for each class of officers
to be voted for.

R^eaiing clause. ^TS.c. 3. That all laws and parts of laws in conflict with
this act are hereby repealed.

Wheo act to be in Sec. 4. This act shall be in force from and after its ratifi-

^^'^^^ cation.

Katified the Ist day of April, A. D. 1871.

CHAPTER CLXXXIX.

AN ACT TO INCORPORATE THE HAYWOOD AND CANE CREEK
RAILROAD COMPANY.

Capital stock. SECTION 1. The General Assenibly of North Carolina do

emact, That a company is hereby authorized to be formed
with a capital stock of three hundred thousand dollars, with

1ST0-'71.— Chapter 189. 285

po\rer to increase the same to double that amount, to be
divided into shares of fifty dollars each, to be known as the Shares.
Haywood and Cane Creek Railroad Company, tor the pur- corporate'name. '
pose of building and constructing a railroad with one or
more tracks, to be used with steam or other motive powei"
from or near the town of Haywood, or some other point Location of road,
between the Haw and Deep rivers, in the county of Chat-
ham, via Pittsboro', the most practicable route to or near the
Alamance line ; and such company, when formed as here-
after directed, shall have power to receive, possess, own and

- . -, T , 1 1 Coiporate rights,

transter real and personal propert}'^, to have a common seal,

and to pass such by-laws, not inconsistent with the laws of

the state, as may be necessary to carry out the objects of the

corporation ; shall be capable in law of suing and being

sued, pleading and being impleaded, and shall have all the

rights of other corporate bodies under the laws of the state,

to condemn land for ri^ht of way not exceedino- one hundred Ri<rht to condemn

feet on each side ot the centre of the track, and all other

pui-poses usually granted to railroad companies, and shall

have the exclusive right to transfer and carry persons, pro- Exclusive rights.

duce, merchandize, minerals and all other articles on and

along such railroad, at such prices as they may fix.

Sec. 2. Be it further enacted, That for the ptirpose of corporators,
creating the capital [stock] of such compan}-, B. J, Howze,
A. R. Smith, A. J. Bynum, A. T. Lambeth, J. W. Scott,
Hon, John Manning, AY. C. Thomas, John A. Womack, H.
A. London, jr., A. Rencher, L. J. Haughton, W. V. Had-
ley, James Pace, Robert Love, Carney Bynum, R, J. Powell,
H. O. Durham, Thomas Dixon, Robert Alston and W. G.
Albriglit, or a quorum of them, are hereby appointed com-
missioners, whose duty it shall be as soon after the passage
of this act as may be, to appoint such persons to open books Books of sub-
of subscription at such places and at such times as to them ^*"P ^''°" '
shall deem best, and under such rules and regulations as
they may prescribe, and five of said commissioners shall be
a quorum for the transaction of any business.

Sec. 3. "Whenever five per cent, of the capital stock shall
have been subscribed by solvent subscribers, it shall be the

286

18T0-'71.— Chapter 189.

Meeting of stock-
holders.

Directors.
President.

Proviso.

Manner of pay-
ment of stock.

Treasurer and
Secretary.

Annual report.

duty of tlie commissioners, aforesaid, to call a general meet-
ing of the stockholders, after giving such notice as to them
shall seem sufficient, and at such times and places as they
shall determine, and at all general meetings of said stock-
holders, not less than a majority of all the stock subscribed,
shall constitute a quorum lor the transaction of business,
and said stockholders, when so met in general meeting, shall
have power, and it shall be their duty to elect seven direc-
tors, who shall, out of their number, choose a president for
said company, and in enacting such by-laws as may be neces-
sary, each share of stock represented, either in person or by
proxy, shall be entitled to one vote ; Provided, If a ma-
jority of such stockholders shall not attend said first general
meeting, such as do attend and are present may adjourn
from time to time until a majority shall appear.

Sec. 4. It shall be the duty of said stockholders, at their
first general meeting, to prescribe the manner and time in
which payment of stock on the subscription books shall be
made.

Sec. 5. It shall be the duty of the president and directors
of said company to appoint a treasurer and secretary, who
shall remain in office such length of time as the company in
their by-laws shall determine, and said president and direc-
tors shall remain in office one year and until others are
chosen, and shall have a general direction and management
of the affairs of said company, and shall appoint some suita-
ble person as engineer, whof^e duty it shall be to make the
necessary surveys for the location of said railroad, and
furnish the president and directors with such survey or sur-
veys, and estimates of the cost. Said directors shall have
power to fill any vacancy that may occur in their board and in
the absence of the president to elect one for the time ; it
shall be the duty of the secretary to keep a fair and correct
record of the proceedings of the stockholders in general
meeting, in a book to be provided for that purpose.

Sec. 6. The president or board of directors shaP, at least
once a year, make a full report on the state of the company
and its aflfairs, to a general meeting of the stockholders, and

1870-'71.— Chapter 189. 287 \

oftener if required by any by-law of the company, and also '.

call general meeting of the stockholders ^yhenever tliey may Meetings. ,

deem it expedient, and the company may provide in their i

by-laws for occasional meetings being called and prescribe j

the mode thereof |

Sec. T. That all persons, the coumiissioners of any county, ^^J'^^j;jPf^2iT ^^ :

or the authorities ot any incorporation, shall have full power ■

and authority to subscribe to the capital stock of said com- i

pany, to the amount they shall be authorized to do by the i

electors of any county or incorporated town, or the proper i

authorities of any corporation to the amount they shall be ;

authorized to do by the electors of said county or town ; and J

they may issue bonds or other evidences ot debt to enable j
them to boiTow money to pay such subscription to be made ' ^
by any agent or agents of such county, town or corporation

properly authorized by them to make the same, when so •

made, shall be binding on such county, company or corpo- .

rate body, in the same manner and to the same extent that j

it is on the individual subscribers, and such body corporate, j

or company or county shall be represented in all general I

meetings ot the stockholders. The commissioners of any '

county proposing to subscribe for stock as aforesaid, shall i

have authority to take all measures consistent with this act, |

and the laws of the state, for registration of voters, holding ;

the election, and returns of the result of the same, and if I

said subscription be approved they shall have power to take j

all measures proper for carrying the same into effect. '

Sec. 8. The Haywood and Cane Creek Eailroad Com- subscription iu j

pany sliall have power to receive subscriptions to its capital '^''°'"' *^- j

stock, payable in labor, in real or personal property, at such !

valuation as may be agreed on between the company and the i

subscribers. i

Sec. 9. Said company shall have authority at any time after May lease fran-
its organization to arrange with any other railroad company
or corporation, by lease or otherwise, for the use of the fran-
chise and property of the same, upon such terms as may be

agreed upon. And any such railroad or other corporation ^

shall have power to effect sucli arrangement. ]

288 1870-'71.— Chaptek 189. :

Issne bonds. Sec. 10. It shall be lawhil for the said Haywood and Cane j

Creek Railroad Company to issue bonds or other evidences i

of debt, at a rate of interest not exceeding the maximum <

allowed by law, and to secure the payment of principal and |

interest by mortgage or otherwise, and it shall be lawful for )

any other corporation to guarantee the payment of any of ]
Discriminations ^^e bonds or other evidences of debt so issued. But it shall

in freight, &c. ^^^^ ^^ j^^^^f^^l ^.^j. ^j^^ Chatham Railroad Company to dis- ,

crhninate in its freight or passenger tariffs against that i

portion of its road west of the junction with said Haywood ;

and Cane Creek Railroad, in any manner to effect such dis- i

crimination, but that all rates of freight per mile in said

road from Haywood, east, shall be the same as that passing j

over the said road wcst of said junction.

Exchangeof bonds Sec. 11. The Chatham Railroad Company *^hall hav& ;
with Chatham R. ^ . i , -, r • , xr , , ^ i

R. &c. power to guarantee the bonds of said Haywood and Cane '

Creek Railroad Company, or to exchange bonds with the '
same to an amount not exceeding sixt}^ thousand dollars,, ;
taking a mortgage on the franchise, property and effects of i
said company to secure the principal and interest of the i
bonds so received by the said Chatham Railroad Company ;, ^
and the said Chatham Railroad Company shall likewise have j
power to aid the building of a railroad from some point at j
or near Carthage to Ashboro', in like manner and to the
same extent as it may, as above mentioned, aid the building ^
Repealing clause, of the Hay wood and Cane Creek Railroad. The proviso of ti
section one of an act entitlod " an act to extend tlie Chatham .;
Railroad," ratified third day of August, one thousand eight i
hundred and sixty-eight, and the second section ot said act |
are hereby repealed, and all provisions requiring said Chat- i
ham Railroad Company to have the gulf as a terminus in ,
the Deep river region, are likewise repealed. y

Conditions of Sec. 12. All amendments of the charter of the Chatham •

charter™©^ ^Chat- Railroad Company, made by this act, shall take effect only ',
uj)on the condition that the said Chatham Railroad Com-
pany shall subscribe to the capital stock of the Haywood «
and Cane Creek Railroad Company the sum of one hundred ■
and twenty-five thousand dollars, and pay the same into the i

ham R. R. Co.

1870-71.— Chapter ISO— 190. 28*>

treasury of tlie said Ilajwood and Caue Creek Railroad
Company, to be applied as speedily as possible to the con-
struction of said railroad ; Aiid.) jprcwided^ that as many as Proviso.
four directors of said Haywood and Cane Creek Railroad
Company shall be citizens of Chatham county, and stock-
holders in said company.

Sec. 13. Said company may bea-in the constrnction of said Commencement

■^ "^ •' of conetruction.

road at any point on the line of location, according to their
discretion, and that for any portion of said road, actually
constructed, the said company shall be entitled to all the
privileges of this act into and over such part so constructed.

Sec. 1-1. That this act shall be in force from its ratifi- When act to be in.

force
cation.

Ratified the 1st day of April, A. D. 1871.

CHAPTER CXC.

AX ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF NASH
COUNTY TO LEVY A SPP:0IAL TAX.

Section 1. TJie General Ame^nhly of North Carolina do Limit and object

enact, That the county commissioners of Nash county be <^^'^^-

and they are hereby authorized to levy and collect, in the

Bame manner as other taxes are levied and collected, a

special tax not to exceed two thousand five hundred dollars

to defray the current expenses of tlie county and tor other

purposes ; Provided, That the same amount shall be levied

on each taxable poll as is levied on three hundred dollars

worth of i)roperty.

Sec 2. Tliis act sliall be in force from and after its ratili- When act to belia

f 01 ce.

cation.

Ratified the 1st day of April, A. D. 1871.

290

1870-'71.— Chapter 191.

CHAPTER CXCI.

AN ACT FOB THE BETTER GOVERNMENT OF THE PENITENTIARY.!

Officer of Com-
missioners and
others abolished.

Board of Direc-
tors.

Warden and sub-
ordinate officers.

Compensations to
Board and officers

Vacancies in
Board.

Section 1. The General Assembly of Non'ih Carolina do
enactj That the offices of commissioners for the erection of
a penitentiary, and the offices of architect and superinten-
dent of said penitentiary, created or authorized by the act of
one thousand eight hundred and sixty-eight and one thou-
sand eight hundred and sixty-nine, chapter two hundred
and thirty eight, or by another act, are hereby abolished,
the abolition to take effect on the third Monday of April,
anno domini one thousand eight hundred and seventy-one.

Sec. 2. That Alfred Dockery, of Richmond, Wm Boylan,
of Wake, M. A. Bledsoe, of Wake, G. W. Thompson, of
Chatham, and C. H. Coffield, of Harnett, are appointed a
board of directors of the penitentiary, to whom shall be com-
mitted the government of the institution, and who shall hold :
office for four years from the first day of January, one thou-
sand eight hundred and seventy-one. \

Sec. 3. That said board shall have power to appoint a I
warden, who shall be a skilled engineer, and such subordi- !
nate officers, employees and guards as the said board shall
deem necessary. The duties of the warden shall include the
supervision of the erection of the penitentiary, as well as
the general control therein, subject to the control of the
board.

Sec. 4. That said board shall be allowed all necessary ex-
penses incurred in the discharge of their said duties, and
shall have power to fix the pay of all subordinate officers
and employees of said penitentiary.

Sec. 5. That any vacancy occurring in said board shall be
filled ad interim until the next meeting of the 'general
assembly by the board, a majority of those remaining voting
in favor of the person so appointed, and three members of
the board shall be a quorum for the transaction of any busi-
ness.

commissioners.

' ^ 1870-'71.— Chapter 191—192. 291

Sec. 6. That all powers conferred, and all restrictions Powers of com-

mifisioucrs confer-

imposed by the aforementioned act on the board of commis- red on Directors,
sioners, are re-enacted and made to apply to the board of
directors, except in so far as they may conflict with this act.

Sec. 7. That said board of directors shall go into office on Transfers by I
the third Monday in April, anno domini one thousand eight
hundred and seventy-one, and the board of commissioners
aforesaid are directed to turn over all books, papers, money,
material, &c., within the control of the penitentiary, to the
board of directors, and to account with them fully for all
pnblic funds that shall have come into their hands.

Sec. 8. That the general assembly shall, on the first Mon- Election of Di-
day of December, anno domini one thousand eight hundred
and seventy-four, and on the first Monday of December,
every fourth year thereafter, elect a board of directors of the
penitentiary, who shall assume the duties and authority of
office on the second Monday next following their said elec-
tion.

Sec. 9. That no contract for work, material or other Contracts and
service shall be given or awarded to any member of the
board of commissionei-s, either directly or indirectly. That Repealing clause.,
all laws in conflict with this act are repealed.

Sec. 10. That this act shall be in force from the third when act to be in
Monday in April, anno domini one thousand eight hundred ^^'■'^^•
and seventy-one.

Eatified the 1st day of April, A. D. 1871.

CHAPTER CXCII.

AN ACT FOR THE RELIEF OF J. W. SCIIENCK, JR., SHERIFF OF
NEW HANOVER COUNTY.

Section 1. The General Assernhly of North Carolina do suspension of act
enact, That the provisions of an act entitled "an act to com- '

pel sheriffs to settle the public taxes, ratified March twenty-

•292 1870-'T1.— Chapter 192-193.

li]'st, one tliousand eight Iniudi-ed and seventy-one," as far
as it may be applicable to J. W. Schenck, jr., sheriff of New
Hanover county, be and they are hereby suspended until thei
tenth day of May, one thousand eight hundred and seventy-
one.
Time of settiino- ^^^- ^- That a joint resolution of the general assembly,

foi- taxes ex- entitled " a resolution in favor of J. W. Schenck, jr., sheriff

teuded. _ .

of Kew Hanover," ratified March thirty-first, one thousand

eight hundred and seventy-one, be and is hereby amended

so as to extend the time allowed said J. W. Schenck, jr., to

settle with the state treasurer, so far as it relates to settling

for state purchases of land for taxes, until May tenth, one

thousand eight hundred and seventy-one.

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

^'*'^""- ratification.

Eatified the 1st day of April, A. D. 1871.

CHAPTEE CXCIII.

AN ACT TO REGULATE THE EIGHT OF VOTING IN CASES WHEKE
COUNTY LINES HAVE RECENTLY BEEN ALTERED.

Jiicetors to maiie SECTION 1. The General Assembly of Non'tJi Carolina do
Son'.^*'^^^***'*' enact^ That in all cases in which, by an act of this general
assembly, a portion of any county has been or shall be trans-
ferred to some other county, electors residing in the territory
transferred, shall, on making oath that they have not regis-
tered or voted elsewhere during any election to be held tor
and in the county to which they have been attached, be en-
titled to register and to vote at such election in any town-
ship of said county which lies contiguous to the territory so
attached ; Pi^ovided, That this act shall have effect only

1S70-'71.— Chaiter 193—194. 293

until such territory shall be incorporated according to laws
in some township ot said county.

Sec. 2. That this act shall be in force from and after its w^^n act to be in

force.

ratihcation.

Katified the 1st day of April, A. D. 1871.

CHAPTER CXCIV.

JlN act to amend " AN ACT TO DECLARE THE BREVARD
FRENCH BROAD AND JONEs' GAP ROAD A TURNPIKE."

Section 1. The General Assembly of Nmih Carolina do Act of March 14,
mi • /. 1 1 • i: 1*^™' amended.

enact, That sections forty-three and tour oi an act to declare

the Brevard, French Broad and Jones' Gap Road a Turn-
pike, ratified the fourteenth day of Mai-ch, anno domini one
thousand eiglit hundred and seventy, be amended so as to
read as follows :

Sec. 2. The said commissioners are empowered to erect Toils and Gates.
a toll gate on said road whenever ten miles of the same
shall be completed, and to erect other toll gates on the same
at convenient distances and places, whereat they may levy
and collect such tolls as they may prescribe, on all persons,
carriages, wagons, persons and effects passing along said
road.

Sec. 3. The amount of tolls so levied and collected shall Toils, how ap-
be paid into the county treasury, a sufficient amount of
"which shall be used for repairs and keeping up of said road,
and the balance for general county purjjoses.

Sec. 4. If any person shall presume to carry his effects
along said road without paying the tolls prescribed in such
case, such person shall be liable to a fine not less than five
nor more than fifty dollars, to be recovered before any jus-
tice of the peace ; Provided, Tolls shall not be collected of
citizens of the county.

Sec. 5. This act shall take effect from its ratification. When act to take

Ratified the 1st day of April, A. D. 1871. ^'^^'

294: 1S70-'71.— Chapter 195.

CHAPTER CXCV.

AN ACT TO AMEND AN ACT TO PROVIDE FOR TDE COLLECTION
OF TAXES BY THE STATE AND THE SEVERAL COUNTIES OF
THE STATE ON PROPERTY, POLLS AND INCOME, RATIFIED
THE TWENTY-EIGHTH DAY OF MARCH, ANNO DOMINI ONE
THOUSAND EIGHT HUNDRED AND SEVENTY.

The General Assembly of North Carolina do enact :

lands, ^^^^^ Section 1. Valuation of lands, when to he made:

The township board of trustees shall list the lands of the
state on the valuation of eighteen hundred and sixty-nine,
f and shall assess all the personal property in their township,

that is not exempt by this act, at the cash value, on the first
day of June, one thousand eight hundred and seventj'-one,
and on the same day annually thereafter, and for such
services shall be allowed not more than ten dollars each,
annually, except in townships where cities and towr^ are
located, and in that case such compensation as the com-

Bond of trustees, jjiissioners of such county may allow. Wl:kenever no legal
board of trustees shall exist in any township, the county
commissioners of such county, at a meeting to be held thirty
days after the ratification of this act, shall appoint in every
such township three assessors, qualified to serve as jurors,
one of whom shall be an owner of real estate in the county,
who shall constitute a board of trustees for the township,
for the purpose of performing all the duties of a regular
board of trustees ; said board shall be entitled to the same
^er diem as regular boards of trustees.

Sec. 2. Meaning of the icords " lands and 'real prc/periy '*

in this act :

Land, &c., de- r^j^^ ^^^.^jg a \^^^ ^^^ ^^^^ property " shall be construed

in this act to include not only the soil but all buildings and

erections thereon, all rights, franchises and assessments

1870-71.— Chafi^er 195. 295

appurtenant thereto, and all mines or minerals on or under
the sui-lace.

■Sec. 3. Board sJudl he iwtified :

The county commissioners, by their clerk, shall give to Nottc«.
the township boards, previous to the thirtieth day of May, a .f

notice to list the taxable lands and assessments of personal ::

property according to the Urst section of this act, together
with the proper blanks for the same ; Prc/oided, That ten
days' notice after the reception of a copy of this act shall be
allowed to the commission of the several counties of the
state to give said notice for this year.

Sec. 4. Board to advertise in their townships:

The board shall advertise in three or more public places Notice,
within tlieir township, within ten days after they have been
notified by tlie county commissioners as provided for in sec-
tion three.

Sec. 5. When the list to he given in :

The lists shall be given in within ten days after due notice Time to give ia
has been given by the person charged or his agent. If the ^^^^*
person liable be a corporation, its property may be given in
by the president, cashier, treasurer or other person appointed
for that purpose.

Sec. 6. lieal property amd farming stocky &c., shall he given
in where sit/uated on the first of June :

All real property and all stock, farming utensils and other wiign to give in
personal property used in connection with the cultivation of ^^^ Property,
a farm, shall be given in in the township in which said
property is situated on the first day of June, and where the
line of any township runs through any resident's land, the S''ro°ert^° "*
same sliall be listed in the township of such resident.

Sec. 7. AU other property and polls to he given in where
tax payers reside on the fi/rst day of June :

All other personal property whatever, including: moneys. When toiist other
j-i • \ ^ . 1 J . T . . . , 1 . property.

credits, mvestments m bonds, stocks, jomt stock companies

296 1870-'T1.— Chapter 195.

or otherwise, and all taxable polls and all other subjects
liable to taxation, except such franchises and personal pro-
perty as are herein specially provided for, shall be given in
in the township in which the person so charged resides on
the first day of June. The residence of a corporation, part-
nership or joint stock association, for the purpose of this
act, shall be deemed to be in the township in which its prin-
cipal office or place of business is situated ; if, however, the
corporation, partnership, or association, have separate places
of business in more than one township, it shall be given in
in each the property or effects therein, but any body of
lands belonging to a corporation, partnership or association
and divided by township lines, shall be given in in that town-
ship in which the larger part thereof is situated.

Sec. 8. Taxpayer to gi/ve in list of his property :
Tax payer to list. At the time and place appointed by the board the tax
payer shall attend, and the board shall read over to each one
giving in his list all the articles and subjects of taxation, and
thereupon he shall render to the board his or her list of taxa-
bles, and at the same time taking the following oath : I, A
B, do solemnly swear (or afiirm) that I have rendered a true
and full statement of all subjects of taxation, which I, in my
own right, or as agent of, or in trust for any other person and
in any other capacity am by law required to list for taxation,
according to my best knowledge, information and belief: So
help me God.

Sec. 9. What the list shall contain :

The list shall state the taxable property of the person
giving in, shall refer to the first day of June, in that year :
List to contain 1st. The quantity of land listed in the township last valua-

tion. The land shall be described by name if it has one,
otherwise in such way that it may be identified.

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

3rd. The estimated value, without specifying the articles,
of farming utensils, tools of mechanics, household and kitchen

what?

fci 'air

1S70- 71.— CiiAPTEK 195. 297

furniture, provisions, arras for mnster, wearing apparel for List to contain
the use of owner and family, libraries and scientific instru-
ments.

-1th. Money on hand or on deposit in any bank,

5th. The amounts of solvent credits owing to the party,
whether owing by bond, note, bill of exchange, open account
or due and payable, and whether owing by any government,
except bonds of this state, of the United States, exempt from
taxation by law, except rent accruing for the current year
for the hire of taxable property. If any credit be regarded
as not entirely solvent, it shall be given in its estimated
value, the party may deduct from the amount of debts owing
to him, the amount owing by him, and the residue only shall
be liable to taxation.

6th. Stocks in any incorporated company or joint stock as-
sociation, and their estimated value ; but the stock shall not
be taxed if the company pays a tax.

7th. All other personal property whatever, including
therein all musical instruments, plated and silverware, and
the watches and jewelry possessed by the party, liis wife, or
any minor child.

8th. The income of the party for the year next preceding
the first day of June in the current year, with a statement
of the source or sources from which it was derived. From
the amount of the income five hundred dollars shall be de-
ducted, and also the amount derived from any trade, pur-
chase or profession taxed by the laws of this state.

9th. If the party be a non-resident of the county, and
owns land therein, it shall state his address, and may name
any agent resident in the county, to whom notices may be
given respecting his t^xes.

Sec. 10. Guardians, Executors, eic, to give in sejyarately :

Every guardian, executor, administrator or trustee shall Guardians, execu-
° tors,

in like manner, but on a separate list, give in the property

lield by him in that capacity ; the value of the franchise of

every railroad, canal, turnpike, plank road, navigation and

banking company shall be given by the president or the

298 1870-'71. -Chapter 195.

cliief officer of the said several corporations on the day fixed
by this act for the giving in of taxable property to the treas-
urer of the state, and shall be assessed by the said treasurer,
the auditor and the governor of the state ; and their valua-
tion shall be returned to the county commissioners of any
county in which any part ot said roads, or canals, or naviga-
tion works shall be ; and the tax upon such franchise so
valued shall be the same as upon property of equal value ;
and the tax collected in each county and township shall be
in proportion to the length of such road, canal or works,
lying in such county or township, respectively ; and such
taxes shall be collected as other taxes are required by law to
be. The rolling stock of every railroad company, and the
vessels employed by any canal or navigation company on its
canals or works, shall be valued with the franchise.

Sec. 11. What ]jro2>erty em^mjpt from Uvxation :

Exemptions. 1st. The property belonging to the United States or to

this state, or to any county or incorporated city or town.

2nd. The property belonging to and set apart, and exclu-
sively used for the University, Colleges, Institutes, Acade-
mies, the Masonic Fraternity, Order of Odd Fellows, Good
Templars and Friends of Temperance, schools for the edu-
cation of youth or the support of the poor or afflicted, such
property as may be set apart for and appropriated to the
exercise of divine worship or the propagation of the gospel,
or used as parsonages.

3rd. Such property as may be set apart for grave yards
or burial lots, except such as are held with a view to profit
or for the purpose of speculating in the sale thereof.

4th. Such property of the state and agricultural socie-
ties as may be set apart and used by them for agricultural
fairs.

5tli. Arms for muster, wearmg apparel and provisions for
the use of the owner and his family, household and kitohen
furniture, mechanical and agricultural implements of me-
chanics and farmers, libraries and scientific instruments, not
exceeding in aggregate value two hundred dollars: Prom-

valued.

1870-'71.— Chapter 195. 299 !

ded^ That tlie exemption Irom taxation shall not exceed two ,

hundred dollars in behalf of any individual tax payer, ■

6th. Any toAmship board of trustees in any county of the .

state that fails to allow the exemptions prescribed in the «
last preceding subdivision or knowingly allows any tax payer

more than is exempted in said section, shall be guilty of a \

misdemeanor.

1
j

Sec. 1*2. The lists to refer to first dm/ of June : \

The lists shall refer to first day of June of the year in

which they are given, and relate to the quantity, condition

and value of the property, and to age of the part}', in '

reference to his liability to a poll tax on that day. ;

\
Sec. 13. How the property shall he valued : ]

In the year prescribed for the valuation of the lands, the How property
board shall affix to the description of each piece of land its
true value in money on the first day of June in that year,
and this value, unless altered as hereinafter prescribed, shall
be annually fixed to that land unless a new valuation is
made. They shall in every year value the personal pro-
perty at its true value. The valuation found by them they
shall afiix to every species of property particularized in
section nine of this act. If any person liable to be charged
with taxes shall refuse to answer any question respecting his
taxable property, he shall be guilty of a misdemeanor, and
on conviction, liable to be punished by fine or imprison-
ment, and it shall be the duty of the board to whom the
refusal is made, to bind over the offender to appear at the
next terra of the superior court of the county, and U) report
that fact to the solicitor for the judicial district in order
that the offender may be prosecuted. In *'aluing the pro-
perty of railroads and other corporations in which the state
is a stockholder, the whole property shall be valued, but a
part of the valuation shall be deducted proportionate to the
interest of the state, and the tax levied on the residue only.
The tax so levied, when paid by the corporation, sliall be
charged by the corfK)ration on tlie individual corporators

300

1870-'71.— Chapter 195.

Blank forms.

Abstracts.

Who to reviBe

lists.

onlv, and when any dividend shall be declared, the dividend
to the state shall exceed that to individual cori^orators by
the amount of all taxes previously paid. Stock or shares in
incorporated companies shall not be taxed when the pro-
perty of the company is taxed.

Sec. 14. Auditor to provide foi^ns and sheriffs to dis-
trihiite to hoard of trustees :
The auditor of the state shall prepare a form to be used
in listing property for taxation, and each year shall furnish
the sheriff of each county on or before the fifteenth of May,
with a sufficient number of printed copies, and the sheriff
shall deliver to the board of each township a sufficient num
ber of such forms for their use.

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

The board shall make an abstract of the tax lists given in
to them according to form, to be furnished by the auditor
of the state, and shall, on or before the first Monday of
July in each year, return such abstract to the clerk of the
commissioners. They shall also return a list of all property
in their township not given in for taxation, with a descrip-
tion and valuation thereof made by the board, and the names
of the occupant and the supposed owner and a list of the
taxable polls of the township not given in for taxation. The
return so made shall be open to the inspection of all persons
interested, and the clerk shall give to any person desiring
it a copy of so much thereof as relates to his property, on
paying a fee of ten cents.

Sec. 16. County Commissioners to revise lists, vjhen :

The county commissioners of each county shall meet on
the first Monday in July and revise the tax lists and valua-
tion reported to them, and complete the lists by computing
the tax payable by each person, and affixing the same
opposite his name. They shall sit for three days at least,
and when necessary, shall sit until the i-evision is complete,
and shall hear all persons objecting to the valuation of theii-

1S70-'71.— Chapter 195. "■": ; 391 !

property, or to the amount of tax charged against them. ;

They shall have power to summon and examine witnesses, *

and shall correct the abstract of the township board as may J

be right and just, and so that the valuation of similar prop- 1

erty throughout the county shall be as near uniform as J

possible. They shall have power to raise the valuation upon '..

such property as they shall deem unreasonably low. The <j

county cammissiouers on the prescribed oath may take the i
list ot any person applying to list his taxables at any meeting
of the commissioners held on or before the first Monday in

October, upon his paying the clei'k fifty cents for recording ;

the same. The commissioners shall ascertain the value of \
their property by the examination of witnesses or otherwise,

and insert it in the abstract ; and without satisfactory excuse '

they shalladd to the tax of the person so allowed to give -

in, five per cent, on the regular amount of his tax for that ;

year. |

Sec. 17. How comjylaints of excess proceeded with : '

If any person shall complain before the commissioners Remedy for ex- '

that his property, either real or personal, has been improper-
ly valued, or that he is charged with an excessive tax, he j
shall present his claim in writing and they shall hear any
evidence adduced by him, and shall summon and examine i
any witness necessary for a just decision of the question. If "
they decide against the complaint, they shall also give jndg- \
ment against him for the costs of the investigation, but if
the county commissioners shall find that he has cause for j
complaint they shall direct their clerk to render a true |
account thereof, and the account thus rendered certified by
the clerk, shall be returned to the auditor who shall credit
the sheriff with the overcharge in his settlement of that j ear. ;

Sec. is.

If the application for relief be made to the commissionei'S Relict
after the sheriff shall have settled the accounts Mith the '"

auditor, the commissioners shall carefully examine the case
and, if in their opinion, the applicant is entitled to relief, !

302

1S70-'71.— Chapter 195.

shall direct the clerk to record, on the record book, the
cause ot complaint, and the amount which in the opinion of
the commissioners should be refunded to the applicant.
The clerk shall make out a copy of such record, certify the
same under seal of tiie commissioners and deliver to the
applicant who shall pay to the clerk a fee of fifty cents.
Such copy then shall be transmitted to the auditor of the
state who, on finding the proceedings in conformity with
the requirements of this section, shall issue a warrant on the
treasurer of the state for the amount specified. The treasurer
shall, on presentation of such warrant, pay to the holder of
the same the amount to be refunded.

Double tax.

Exemptions.

Tax lista.

Sec. 19. Persons not giving in to he charged with double

tax :

The county commissioners shall insert in the abstract of
the tax list for each township, the subscription and valuation
of all property not given in, with the name of the person
supposed to be liable for the taxes thereon, and the names
of all persons in each township liable for a poll tax who
failed to give themselves in, and shall charge all such per-
sons with double the tax with which they would otherwise
be chargeable, unless satisfactory excuse therefor be rendered.

Sec. 20. County coononissi/mers may exempt ^rom poll tax :

The county commissioner shall have the power to exempt
any person from the payment of a poll tax on account of
poverty and infirmity, and the clerk shall deliver to the
sherift' a list of all persons so exempted with the amount of
taxes charged against them, and shall also send a copy of
such list to the auditor of state, and the sheriff shall be
entitled to a deduction for such taxes in any settlement he
may be required to make.

Sec. 21. Copies of revised tax list, how distributed :

The county commissioners shall cause to be made out two
copies of the tax lists of each township, as revised and settled
by them according to a form to be furnished to them by the

1870-'71.— Chapter 195. 303

auditor of tlie state. Such form sliajl show in different col-
nms the amount due by each tax payer to the state and to
the countv ; one of said copies shall remain in the office of
the clerk of the commissioners, the other shall be delivered
to the sheriff on or before the third Monday in July in each
year, and he shall recerpt for the same. The clerk shall
endorse on the copies given to the sheriff an order to collect
the taxes therein mentioned, and such order shall have tiie
force and effect of a judgment and execution against the
property of the person charged in suah list. In such list the
clerk shall note all appeals from the judgment of the com-
missioners which have been perfected by the giving of bond
as prescribed.

Sec. 22.

The clerk of the commissioners on or before the first Returns.
IVSonday in September after the lists are returned, shall
return to the auditor an abstract of tho same, showing the
number of acres of land and their value, and the value of
town lots, and the number of white and colored polls sepa-
rately, and specify every other subject of taxation, and tlie
amount paid on the whole. At the same time the clerk
shall return to the auditor an abstract of the lists of the
poor, county and school taxes paid in his county, setting
forth separately the tax levied on csich poll and on each one
hundred dollars value of real property for each purpose,
and also the gross amount of taxes of every kind levied for
county purposes.

Sec. 23.

If any clerk shall make a default of any of the duties Penalty for de-
prescribed in the preceding section, or shall fail to deliver
to the auditor a copy of the sheriff's return, made, sworn to
and subscribed as required in section thirty-three of this
act, he shall forfeit and pay to tho state one thousand dol-
lars to be recovered against him and the securities of his
bond in the superior court of Wake county, at tho tenn
next after the default, on motion of the state solicitor, and

^04 18Y0-'Y1.— CiiAPTEK 195.

it shall be the duty of the auditor to inform the solicitor of
such default.

Sec. 24. In case land he divided^ how tax may le apjpor-
tioiied :

Lands in different In casG within the interval between two regular periods
for the valuation of land or real property, any piece of laud
or real property shall become divided in ownership either
by partition or a sale of a portion thereof, or otherwise,
either of the part owners may at any time, upon five da3's
notice to the other part owners, apply to the township board
of trustees for an apportionment of valuation, which shall be
allowed as may be just, and all persons having tax lists are
required to amend the same according to the judgment of
said board, on the production of a certified copy thereof ;
Provided, That no amendment made after a tax on the land
has been due shall operate to effect that tax. •

Sec. 25. If where fall or 7'ises, valuation altered, when :
Taluation altered. If any valuation of real or personal property and before
the tax thereon shall become due, [the property shall be-
come due,] the property shall become destroyed or depre-
ciated over twenty-five per cent, on its assessed value, other-
wise than by act of the owner, the party charged may apply
to the township board of trustees and upon proper proof may
have the valuation reduced, and the board of trustees shall
thereupon immediately fi;rnish to the clerk of the county
commissioners, as well as to the party, a certified copy of
their order in the premises. If the property was insured,
the amount of insurance shall in such case, be considered in
altering the valuation. In like manner, if property shall
have increased twenty-five per cent, over its assessed taxable
value, the sheriff of the county, upon ten days notice to the
owner, may apply to the board of trustees to alter the valu-
ation of the property, and upon proper proof they sliall do so ;
but the valuation shall not be altered if the appreciation has
occurred in consequence of improvements made on the ]Dro-
perty by draining, clearing, building, or the like.

1870- 71.— Chaptek 195. 305

Sec. 26. y\7te?i taxes mag le ixiid^ lohen due :

All taxes shall be due ou the fii'st Monday of August in When to pay
each year. When paid, the sherifi' shall note on the tax list
against the name of the party the date of payment and the
amount paid, he shall also give a receipt to the parties stating
ihe amount of the state and county tax separately, and the
date of payment : Provided, The sheriff shall not collect
the taxes for any year until he shall have settled in full with
the state and county treasurer for the taxes of the previous
year, (if he was the sheriff.) Before receiving the tax lists
he shall produce the recei])ts of the state and county treas-
urer, (if he was sheriff for the previous year,) to the clerk ol
the county commissioners, and in the event the sheriff tail to
produce the aforesaid receipt, the county commissioners shall
appoint a tax collector who shall give bond as required by the
sheriff to faithfully collect and pay over the taxes according
to law. When the sheriff shall collect by his deputies who
are not sworn, or other such persons, they shall, before the
clerk of the board of commissioners, or betore a justice of
the peace of the county, take and subscribe an oath, faith-
fully and honestly to account for the same with the sheriff
or other person authorized to receive them. Said oath shall
be filed and kept on the docket of the county board, and for
failure of any deputy sheriff to pay over such tax as he may
collect, he shall be guilty of a misdemeanor.

Sec. 27. Shenff to attend to receive taxes:

The sheriff in person or by deputy shall constantly attend When to receive
at the court house of his county from the first Monday of
August to the twenty-first of November in each year, for the
purpose of receiving taxes ; he shall also in like manner,
attend at least one day after the second Monday of October
at some place in each township, of which twelve days notice
shall be given by advertisement at three or more public
places in the township : Provided, That nothing in this sec-
tion shall be construed to prevent the} collecting officer from
levying and selling after the taxes become due.

806

How to cdllect.

Ineolveots.

Remedy if do per-
Bonal property.

1870-71. —Chapter 105.

Sec. 28. How sheriff to collect :

Whenever the taxes shall be due and unpaid, the sheriff
ghall immediately proceed to collect them as follows : i

let. If the party charged have personal property of a|
value equal to the tax charged against him, the sheriff shall
seize and sell the same, as he is required to sell other pro-
perty under execution.

2d. And before sale on land noJnsolvent taxables shall be
credited to the slierifr in the settlement with the auditor
but such as shall be allowed by the county commissioners, a
list whereof containing the names and amounts, and sub-
scribed by the sheriffs, he shall return to count}' commis-
sioners before said settlement, and the same shall be allowed
only on his making oath that he has been at the dwelling
house or usual place of abode of each of the tax payers, and
could not there or elsewhere in the county find pro]>erty
wherewith to discharge his taxes, or such part thereof as is
returned unpaid, and that the persons contained in the lists
were insolvent a* and during the time when, by law, he
ought to have endeavored to collect their taxes ; such list
shall be recorded in commissioner's docket, and a copy
thereof within ten days after its return into the office of the
said commissioners shall be returned to the auditor of the
state.

3d. If the party charged has not personal property to be
found in the county of sufficient value, the sheriff shall levy
upon the lauds of the delinquent or any part thereof; said
sheriff shall return a list of said levy to the clerk of the
superior court, who shall confirm said levy by issuing execu-
tion as in cases of other judgments, and the clerk of the
superior court shall enter the same on his docket as in caees
of other executions ; the sheriff shall notify the delinquent
of such levy and of the day and place of sale by service, of
a notice stating those particulars, on him personally. If the
delinquent cannot, by reasonable diligence, be found in the
county, but has a known agent therein, and his own address
is known, or can by reasonable diligence be ascertained, the
notice shall be delivered to such agent, and shall be mailed

1870-'71.— Chapter 195. 307

post paid to the delinquent. If the dehnquent has no known fo^^^ p^opertv'^'^"
agent in the county, or his address cannot with reasonable
diligence be ascertained, the sherift shall publish a notice sub-
stantially as above described at the court house door and
(two other public places and also in some newspaper pub-
Hished in the county where the land is situated, and if there
be no newspaper published in the county, then in the nearest
inewspapc. Tlie notice shall be served or published as afore-
said at least thirty days before the sale of the land ; the sale
the laud shall be made at the court house of the county in w^hich
lies, and shall be on one of the days prescribed for sale under
execution, and shall be conducted in all respects as sales
under execution are. If the delinquent resides out of the
^county, and his address be known, the sheriff, within one
month after the sale, shall mail to him notice of the sale and
of the date thereof, of the name and address of the purchaser
of the sum bid and of the amount of taxes and costs to be
paid by him as a condition of his redemption. If any person
liable for taxes, not having property in the county w^here '

such taxes are due, shall have property in any other county,
or shall remove from his county after the day of listing, or
carry his property therefrom, the collecting officer shall
j-eturu the fact to the board of commissioners of the county
who shall, through their clerk, make an abstract of the same
under their corporate seal, which abstract shall have the
force of a tax list regularly endorsed for collection in any
county of the state. The collecting officer shall forward the
same to the proper collecting officer of the county where the
person or property may be, who shall collect the amount due
thereon with ten per cent, added, which per centage he may
retain to his own use, the residue to be forwarded immedi-
ately to the officer from whom he received it, to be accounted
for as other public taxes. It shall be the duty of the officer
to whom such abstract shall be forwarded to make return of
"his action on the same within thirty days, and said abstract
or a duly certified copy may be sent for collection to the
same or any other county until the amount due shall be col-
lected.

208

Who to be pur-
chaser, &c.

1870-'71.— CriAPTEK 195.

Sec. 29. Who is to he purchaser and what he shall pay :

The highest bidder shall be the purchaser ; he shall imme
diately pay to the sheriff the amount of taxes and costs due
by the delinquent; the sheriff shall give him a receipt
stating the sum paid and upon what amount, and describing
the property, and shall cause the same to be recorded by the
register of deeds.

Sheriflfs may bid.

Sec. 30.

If no one will bid for any piece of real property, the
amount of the taxes assessed thereon and the charges of sale,;
the sheriff shall bid off' the property for the state, and upon
proving the fact and tendering to the auditor of the state a
deed to the state for the property, duly registered in the
county in which it lies, shall have credit for the amount of
such tax and charges TJie deed shall be deposited by the
auditor with the secretary of state. The property so pur-
chased by the state shall be under the control of the board
of education, and be held for the purposes and under the
powers for whi-^h the swamp lands of the state are now held.
Lands so sold may be redeemed as other lands sold for taxes
are allowed to be.

Delinquents may
redeem.

Sec. 31. The delinquent may redeem the property within
twelve months.
The delinquent may retain the possession of the property
for twelve months after the sale, and within that time may
redeem it by paying or tendering to the purchaser the
amount paid by him, and twenty-five per cent, in addition
thereto. If the purchaser shall accept the sum so tendered,
he shall give a receipt therefor. If he shall refuse, the de-
linquent may pay the same to the clerk of the superior court
for the county for the use of the purchaser, and the clerk
shall give a receipt therefor. Such payment shall be equiva-
lent to payment to the purchaser. The delinquent may
cause the receipt of the purchaser or of the clerk to be reg-
istered, and the register of deeds shall refer to such regis-
tration on "the margin of his registration of the receipts from

1S70-'71.— Chapter 195. 309»

the sheriff to the purchaser. After the payment to the pur-
chaser or to the clei-k for his use as aforesaid, his right under
the purchase shall cease. IS^o sale of the property by the
purchaser or by the delinquent within t\velve months shall
convey to their respective vendees any other rights or estates
than the parties themselves possess.

Sec. 32. If the delinquent fail to redeem :

If the delinquent shall fail to redeem as prescribed in the Failure of deiin-
preceding section, the purchaser may, within eighteen months
after the purchase, pay to the sheriff the residue of the sum
bid by him, together with the interest thereon, at the rate
of one per centum per month, from the expiration of the
twelve months next succeeding the sale to the date of pay-
ment, and demand a deed. The sheriff shall receive the
money for the delinquent and make the deed. The sheriff*
shall be entitled to retain from the money so paid for his
trouble in the premises, five dollars, and the residue he shall
pay to the delinquent on demand. The deed from the
sheriff to the purchaser shall be registered within six
months, and when so registered shall convey to the grantee
therein all the estate in the premises which the delinquent
had at the time of the sale for taxes.

Sec. 33.

Every sheriff shall keep a record of the taxes collected by Recordjof taxe&
him from the clerk of the court and under Schedule B. of '^^^l^^*^*^*^-
the revenue act, all forfeitures, arrears from insolvents, double
taxes and taxes on unlisted subjects, and on or before the
fourth Monday in September shall deliver to the clerk of the
county commissioners, a statement setting forth all sums
received to that date, not previously accounted for, the date
of such receipts, the person from whom received, the amount
received from such person, the subjects on which received
and the aggregate amount, accompanied by an affidavit taken
and subscribed before the clerk and attested by him that the
statement is correct, and that no receipt has been omitted.
And the clerk shall, by the first Monday in October, send a

310 1870-'71.— Chaptek 195.

duplicate of said statement and affidavit to the auditor of
the state, register the name on a book kept in his office for
that purpose, and keep a copy of the same posted in a con-
spicuous place in the courthouse until the first of January
next ensuing.

Sec. 31.

When sheriflfs to The sheriffs or other accounting officers shall on or before
settle

the first Monday in December in each year, settle their state

tax accounts with the auditor and pay the amount for which
he is liable to the treasurer of the state, unless when the
settlement of such persons may be specially directed to be
made in another manner or at another time. The auditor
shall forthwith report to the state treasurer the amount due
from each accountant, setting forth therein the net amount
due to each fund, and the treasurer shall open an account
against such officer and debit him accordingly. The sherifi',
tax collector and other accounting officer, in making his set-
tlement as aforesaid, sliall render to the auditor a duplicate
ot the list required in section thirty-three of this act. In
such settlement the sheriff or other officer shall be charged
with the amount of public tax as the same appears by the
abstracts of taxables transmitted to the auditor, also with all
double taxes and taxes on enlisted property by him received,
and with all other tax which he may have collected or tor
which he is chargeable. The auditor shall give to each
sheriff or tax collector a certified statement embracing the
•subjects of taxation contained in both lists, and the amount
of tax on each subject which the sheriff or tax collector shall
deposit with the clerk of the commissioners of his county for
public inspection.

Sec. 35.

Deductions to the ^^^^ auditor in making the settlement with the sheriff
sheriff. ^^j. ^-^x collector as aforesaid shall deduct from the lists re-

turned :

1. The amount of taxes charged against any person whom
the clerk of the commissioners shall certify to have appealed

ISTO-'Tl.— CiiAi-TEK 195. 311

from a decision of the coniinissioners respecting liis liability
and to have given the bond required ; Provided, That the
clerk of the court to which the appeal was taken shall certify
that it is pending and nndecided. The sum so nnliqnidated
shall be carried forward by the auditor as a charge against
the sheriff or tax collector on his next year's account from
year to year until the decision of the appeal, after which
they shall be collected and paid or balanced, if the final
decision be in fsivor of the appellant.

2. All poll taxes and taxes on personal property certified
by the clerk of the commissioners of the county by order of
the commissioners to be insolvent and nn collectable.

3. The amount of state tax on land bid off bj the state
with the costs attendant on the whole on producing the cer-
tificate of the secret^r}^ of state, as is provided for in section
thirty-one, of this act.

4. All over payments made in former settlements l)y rea-
son of any error in the clerk's abstracts of taxables.

5. Five per cent, commission on amount collected

Sec. 36.

For his settlement with the state treasurer, the sheriff or pay to sheritt for
tax collector shall be paid three dollars for each day he may settUng.
be necessarily engaged therein at the city of Raleigh, and
traveling expenses to and from said city, at tlie rate of ten
cents per mile by the usual route of travel, said compensa-
tion and expenses to be paid on the warrant of the auditor.

Sec. 3T.

In every case of failure by a sheriff or other accounting penalty for sherifl
officer to settle his accounts within the time prescribed in ^^ "^ ° ®^ ^'
this act for such settlement and to take the oath required on
his settlemcTit, the auditor shall forthwith report to the
treasurer the account of such sheriff or officer, and furnish
him with a copy of the official bond of said officer and his
sureties, deducting therefrom nothing for commissions or
insolv'cnts but adding thereto one thousand dollars and ten
per cent, of the amount of taxes with which said sheriff is
18

312 1S70-'71.— CiFAPTEE 195.

charged for the ainoniit of taxes supposed not to appear in
the list transmitted by the clerk, and it the whole amount
be not paid, the treasurer, on motion of the solicitor of the
sixth judicial district, in tlie superior court oi Wake county,
before the clerk thereof, within ten days after the default
shall have occurred, shall recover judgment against him and
his sureties, without other notice than is given by the delin-
quency of the officer. And to the end that their obligations
and names may be known, the clerk of the superior court
shall, on or before the second Monday in September in each
year, transmit to the auditor a copy, certified under the seal
ot the court, of the bond of the sheriff and his sureties, upon
pain, for his default, of forfeiting to the state one thousand
dollars, which the treasurer shall and is hereby specially
charged to collect in like manner and at such times as is
provided in this section. If the sheriff or other accounting
officer shall fraudulently and corruptly fail to account as
aforesaid, he shall be deemed guilty of a misdenreanor, and
upon conviction thereof in any court of competent jurisdic-
tion, shall be sentenced to pay a fine in the discretion of tlie
court and to be imprisoned not less than three months.

Sec. 38. Sheriffs to ixiy county taxes, lolien :

County taxes The sheriff or the tax collector shall pay the county taxes

when to be eetS n

tied. " to the county treasurer, or other lawful officer. lie shall at

no time retain in his hands over three hundred dollars for a
longer time than ten days, under a penalty of ten per centum
per month to the county upon all sums so unlawfully re-
tained. On or before the eighth day of January in each
year, the sherift' shall account with the county treasurer or
other lawful officer, for all taxes w^hich have been collected
by him for the county during the fiscal year, and on failure
so to do, he shall pay to the county treasurer two per cent,
per month on all sums unpaid, and this shall be continued
until final settlement. He shall be charged with the sums
appearing by the tax lists as due for county taxes and shall
be allowed to deduct therefrom as is prescribed in this act
respecting^his settlement of state taxes.

ISTO-'Tl.— Chapter 195. 313 '

i
I

'Sec. 39. County commissioners to aiypoint a committee to \

assist in settlements : j

The county commissioners, at the last reo-ular or other Committees of ■

settlement '

-subsequent meeting in each year, shall appoint one or more

of their number to be present and assist at the accounting !

and settlements between the sheriff and county treasurer \

provided for in the next preceding section, and also to audit \

and settle the accounts of the comity treasurer and of all j

•other county officers authorized to receive or disburse the *:

eounty funds. The accounts so audited shall be reported to .j

the county commissioners, and when approved by them shall i

be filed with the clerk and recorded on his book, and shall '.

be prima facie evidence of Iheir own correctness and im- -

peachable only for fraud or specified error. 1

"Sec. 40. Penalty of sheinff for failing to account:

In case the sheriff of a county shall fail, neglect or refuse Penalty for sheriff
to account with the county treasurer and assistant committee ' '^
A?, above required, oi' to pay what may be rightfully found
due in such account, he shall forfeit and pay to the state for
the use of the county a penalty of twenty -five hundred dol-
lars; it shall be the duty of the county treasurer, and if he
neglect or refuse to perform it, of the chairman of the county
commissioners to cause an action to be brought in the supe-
rior court of the county on the bond of the sheriff' against
him and his sureties to recover the amount owing by him
and the penalty aforesaid ; if the sheriff" shall fraudulently
and corruptly fail to account as aforesaid, he shall be crimi-
nally liable thereupon in like manner and with the same
])enalties imposed for such criminal defalcation in section
thirty-seven.

Sec. 41. Other county officers^ wJcen to account^ and penalty
for failure :

In each year the county treasurer shall give five days other county offi.
i- . Ti ->. / ,,.,». -1 • 1 , cer3 falling,

notice to all county omcers (except the sheriff) authorized to

receive or disburse the county funds, to appear at the court

house of the county on a certain day, during the first ten

314 1870-' 71.— Chapter 195—196.

days in January, before him and the committee appointed
by the county commissioners, and present an account of all
sums received or disbursed for the county, with their
vouchers, and any officer failing to attend and account
shall be deemed guilty of a misdemeanor. The accounts,
when audited, shall be reported to the county commissioners
at their next meeting, and if approved by them, shall be
filed with their clerk and recorded in the book of their pro-
ceedings, together with their approval, and shall be deemed
prima facie correct.

Sec. 42.

Duty of tax col Whenever in this act a duty is imj)osed upon a sheriff of

lector, ^ county for which a tax collector has been appointed, it

shall be incumbent npon the tax collector to perform the
said duties instead of the sheriff, and snch tax collector shall
have all the emoluments and be subject to all the penalties,
as'provided in the case of sheriffs in this act.

Sec. 43. When act goes into effect :

When act to be in This act shall be in force from and after its ratification,
force.

Katified the 1st day of April, A. D. 1871.

CHAPTEE CXCVI.

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO INCOKPO-
I KATE THE PLANTEE's RAILROAD COMPANY.

Change of teimi- ^Section 1. The General Assemhly of North Carolina do
enact, That an act entitled "an act to incorporate the Planter's
Railroad Company," ratified on the first day of March, anno
domini one thousand eight hundred and seventy, be and the
same is hereby so amended as to fix and locate the terminus
of said railroad on the Atlantic and North Carolina Eailroad
at or near Core Creek station, thence by the most practi-

1870-'n.— Chapter 196—197. 315

-cable route, as the stockholders may direct, through or near

the town of Trenton, in Jones county, to the navigable

waters of IN'ew river, at or near the town ot Jacksonville,

in the county of Onslow.

Sec. 2. All laws and clauses of laws in conflict with thia Repealing clause,

act are hereby repealed, and this act shall be in force from When act to take

, . . .,f . effect,

and alter its ratmcation.

Katified the 3rd day of April, A. D. 1871.

CHAPTER CXCYII.

AN ACT TO AMEND SECTION THIRTY-ONE, OF CHAPTER TWO
HUNDRED AND ONE OF THE ACT OF APRIL TWELFTH, ONE
THOUSAND EIGHT HUNDRED AND SIXTY-NINE.

Section 1. The General Assembly of North Carolina do Guardians and
e7iact, That section thirty-one of chapter two hundred and vestinu. s. secul
one be amended to read as follows : Guardians, trustees and " ^^^'
others acting in a fiduciary capacity, having surplus funds of
their wards and cestui que trusts to loan, may invest in
United States bonds, or any securities whereof the United
States are responsible, now or hereafter to be issued, and in
all settlements by guardians, trustees and others, acting in a
fiduciary capacity, such bonds or other security of the United
States shall be deemed cash, including the premium, if any
paid for such bonds or other securities, and may be paid as
such by the transfer thereof to the persons entitled.

Sec 2. All laws and clauses of laws in conflict with this Repcalin- clause.

act are liereby repealed.

Sec 3. This act shall be in force from and after its ratifi- When act to te in

force,
cation.

Ratified the 3rd day of April, A. D. 1871. -

316

1S70-'71.— Chapter 198-199.

CHAPTEE CXCVIIL

AN ACT TO AUTIIOEIZE THE COMMISSIONERS OF MITCHELL TO
LEVY A SPECIAL TAX.

Object and limit
of tax.

When act to be in
force.

Section 1. T/ie General Assemhly of North Carolina do
enact, That for the purpose of erecting a county jail and
completing the court house in the county of Mitchell, the
county commissioners are authorized and empowered to levy
a special tax for such amount as in their judgment may be
necessary, not to exceed two thousand live hundred dollars,
($2,500).

Sec 2. That this act shall be in force from and after its
ratification.

Katified the 3d day ot April, A. D. 1S71.

CHAPTEK CXCIX.

AN ACT TO ArTHORlZE THE COMMISSIONERS OF CURRITUCK
COUNTY TO LEVY A SPECIAL TAX.

Amount and ob-
ject of tax.

rroTiso.

When act to be in
force.

Section 1. The General AssemJjly of North Carolina do-
enact, That the county commissioners of Curi-ituck comity
be allowed to levy a special tax not to exceed five thousand
dollars, for the purpose of paying the interest on the county
debt, and the ordinary expenses of the county ; Provided,
That the equation of the constitution in regard to the poll
and real estate taxation be strictly adhered to.

Sec 2. That this act shall be in force from and after its-
ratification.

Katified the 3d day of April, A. D 1871.

ISTO- 71.— Chapter 200. 317

CIlArXERCC.

AN ACT TO AUTHORIZE THE COMMISSIONKKS OF MOOKE COUNTY
TO ISSUE BONDS.

Section 1. The General AssemUii of North Carolina do Amount and de-

, . . . nomination of

enacts That in order to liquidate the liabilities of the comity bonds issued,

of ]\roore, the coainiissioiiers of said conntv are hcreliy au-
thorized to isi^ue coupon bonds nut exceeding; in amount the
sum of six thousand dollars in denominations of not less
than one hundred, nor more than one thousand dollars.

Sec. 2. The said bonds shall run for ten years bearing conditions,
interest at the rate of six per cent, iper annum payable semi-
annually; and matured coupons on said bonds shall be
receivable in the ])ayment of county taxes.

Sec 3. The said commissioners shall have tlie privilege Redemption,
to redeem said bonds at any time after the expiration of one
year from the date of their issue, and shall appoint a suitable
person trustee of a sinking fund whose duty it shall be each
year to purchase one-tenth ot said bonds then outstanding,
and lor that purpose shall receive from the county treasurer
upon the'order ot the conuHissioners the sum of money
necessary to that end.

Sec. 4. For the purpose of redeeming the said bonds and Special tax.
making the annual purchase therein directed, the com-
missioners are hei-eby authorized to levy a special tax on the
real and personal property, and each taxable poll in said
county, not exceeding one sixth of one per cent. (>n the
valuation of the property, and observing the equation now
recognized by the constitution of this state in the taxation ot
the ])oll.

Sec. 5. The trustee herein directed to be appointed, shall, Bond of trustee,
before entering on his duties, give bond with sufficient
security in sucli sum as *he connnissioneis may deem suf-
ficient, conditioned for thefiithfii] pertormancc ot his duties ;
lie shall renew his bond as often as the connnissioners may
deem necessary and shall be removable at the pleasure of the

318

1870- 71.— Chapter 200—201.

Trustee to liqui-
date debt of coun-

WTien act to be in
force.

cominissionerSj and another appointed in his room and stead.

Sec. 6. The said trustee is hereby authorized, in addition
to the duties hereinbefore assigned him out of the proceeds
of the bonds allowed by this act to be issued, or out of any
other county funds that may be placed in his hands for such
purpose, to purchase the debts outstanding against said
county at their market value, or otherwise compromise
therefor at his discretion ; and in his settlement with the
committee of finance of said county, which shall be had at
least once in each and every year, he shall be credited with
the amount actually expended therefor.

Sec. 7. This act shall be in force from and after its rati-
fication.

Eatijaed the 3d day of April, A. D. 1871.

CHAPTER CCI.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF ALAMANCE TO
LE\"Y AND COLLECT A SPECIAL TAX.

Amount of tax.

Proviso.

Further proviso.

Wlien act to be in
force.

Section 1. The General Assembly of Worth Carolina do
enact, That the county commissioners of Alamance county
are authorized and empowered to levy and collect at the
same time and in the same manner as the other state and
county taxes are levied and collected in the year one thou-
sand eight hundred and seventy-one, a special tax not exceed-
ing five thousand dollars ; Provided, That the equation
established by the constitution, article five, section one, be-
tween the poll and three hundred dollars worth of property
shall be observed in said levy \ And provided, further^
That the amount raised by said special tax shall be used in
the payment of debts contracted for the support of the poor,
and for other necessary expenses.

Sec. 2. That this act shall be in force from and after its
ratification.

Ratified the 3d day of April, A. D. 1871.

1ST0-'71.— Chapter 202—203. 319

CHAP TEE CCTI.

AN ACT COXCERNIXG THE ANNEXATION OF A PORTION OF CALD-
WELL COUNTY TO THE COUNTY OF ^VATAUGA,

Section 1. The General Asscmljly of North Carolina do Desciiptiou of

mi 11 1 ■ ,. /-< 1 1 n • 1 county annexed to

€tiact, iliat all that portion ot Caldwell comity comprised Watauga county.
I witliin the following boundaries, viz : beginning at the fair-
view on the Caldwell and Watanga turnpike road on the
•top of the Blue Ridge, thence a straight line to the top of
ithe Grandfather mountain, be and the same is hereby an-
nexed to, and shall form part of "Watauga count}-.

Sec. 2. That all laws and clauses of laws coming in con- Repealing clause.
liict with this act are hereby repealed.
, Sec. 3. That this act shall be in force from and after its When act to be lu

..r. ,. force.

ratmcation.

Eatitied the 3d day of April, A. D. 1871.

CHAPTER CCIII.

AN ACT TO REPEAL AN ACT FOR TIl£ BETTER PRESERVATION
OF THE PUBLIC HEALTH, BY ESTABLISHING SUITABLE QUAR-
ANTINE REGULATIONS FOR BEAUFORT IIAEBOR, NORTH CARO-
I.INA.

Section 1. The General AssenMy of North Carolina do Act of April I2tii,

180*.) rcT^ciiicd

£7uict, That an act entitled " an act for the better preserva-
tion of the public health, by establishing quarantine regu-
lations for Beaufort harbor, North Carolina," ratified April
twelfth, one thousand eight hundred and sixty-nine, be and
the same is hereby repealed.

Sec. 2. The cpiarantine physician, appointed by authority Quarantine physi-
■of said act of April twelfth, one thousand eight hundred s'ta"te^proptT*tr °'
and sixty-nine, is hereby empowered and authorized to

320 1870-71.— Chapter 203—204.

dispose of the unfinished hospital and the boat belonging

to the state, by Y)ublic sale for cash, at as earl}^ a day as prac-
ticable after the ratification of this act ; and that he paj
over to the public treasurer the pi-oceeds of said sale.

Whej act to be in Sec 3. This act shall be in force from and after its rati-
force. r,

tication.

Katified the 3rd day of April, A. D. 1871.

CHAPTER CC lY.

A]^ ACT AUTPIOEIZIXG K. B. WEBSTER AXD ROBERT LEWIS,

SURETIES ON THE OFFICIAL BOND OF WALKER SMmi, LATE

SHERIFF OF ROCKINGHAM COUNTY, TO COLLECT ARREARS OF
TAXES. ,

Collection of tax- Section 1. The General AsseinlAij of JS^orih Carol'iHa Jo

'(57. enact, That R. B. Webster and Robert Lewis, sureties on

the official bond of Walker Siuitli, late sheriff of Rocking-
ham county, are empowered to collect all arrears of taxes-
due the said Walker Smith, upon the assessment for the
years one thousand eight hundred and sixty-six and one
thousand eight hundred and sixty-seven, under the same i
restrictions and with the same rights and remedies as are \
provided by law for the collection of taxes.

Powers to cease Sec. 2. That the power hereby granted shall cease January J

first, one thousand eight hundred and seventy-two ; Pro- ]

Proviso. vided, That no person shall herelij' be made lialjle for !

such taxes, wlio shall ujake affidavit, before a justice of the ;
peace of said county, that according to the best of his •
knowledge he has paid said taxes and lost the receipt for the ]
same ; Provhled, That the estates of decedent shall not be j
liable for said taxes. 1

When act to te in Sec. 3. This act shall be in force from and after its rati- I

force. 44 „ J.'

flcatlOll. i

Ratified the 3d day of March, A. D. 1871. j

1870- 71.— Chapter 205. 321

CHAPTER C C V.

^ ACT TO rKEVEXT THE FELLIKG OF TREES IN THE YADXIN

RIVEB.

Sectiox 1. The General Assemhly of North Carolina do Trees not to be
\na(i^ That it shall not be hiwful for any person to fell any river.
yee or trees in the Yadkin river, on or the banks of the
•ame below high water mark, and suffer the same to remain
for the space of ten days, at any point or place lying on
jaid river, between the point where the Wilkes county line

rosses said river, above Jonesville, and the point where the

Davie county line runs to said river below Hnntsville.

Sec. 2. If any person or persons shall violate the fii'st Penalty for vioia-
^ , . , , , latious of this act.

'cction 01 this act, or procure any one to do so, he, she or

:hey, so offending, or procuring others to offend, shall for-
feit and pay, for each tree felled, within the prohibited
imits, the sum of ten dollars, to be recovered before any
ustice of the peace within the county where the offence is
committed, the action to be brought in the name of the state
ly the party sueing therefor, and one half of the recovery
:o belong to the prosecutor and the other half to the county
n which the offence is committed.

Sec. 3. In addition to the penalty prescribed in the second Additional pun-
ection of thi.s act, any pcrs(jn or persons, violating the pro- '*"'"^" ■
nsions of the first secticn, shall be doemed guilt}' of a mis-
iemcanor, and upon conviction thereof, shall be fined not
ees than ten dollars nor more than one hundred dollars, or
be imprisoned at the discretion of the presiding judge.

Sec. 4. This act shall be in furce from and after thirty wheu act to be iu
davs from its ratification. ^^^^^

Ratified the 3d day of April, A. D. Ib71.

S22 1870-'71.— Chapter 206—207.

CHAPTER CCYI.

AN ACT IN FAVOR OF THE SURETIES OF HUGH B. GUTHRIE, LATE
SHERIFF OF ORANGE COUNTY.

Transfer of power SECTION 1. The General AssemlAy of North Carolina do

John Turner. enact, Tliat all powers and authority conferred by chapters

one hundred and forty-three and one hundred and seventy,

of the laws of one thousand eight hundred and sixty-nine

and one thousand eight hundred and seventy, on John

Turner, sheriff of Orange, who died before exercising such

power and authority, is hereby conferred upon J. II. Huglies,

present sheriff of Orange count}^ or upon such person as

may be selected by the solvent sureties of Hugh B. Guthrie,

upon his official bond, and the time when the power and

authority granted in said chapter shall cease and determine

is hereby extended to the first day of April, one thousand

eight hundred and seventy-two.

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

cation.

Ratified the 3d day of April, A. D. 1871.

CHAPTER CCYII.

AN ACT FOR THE RELIP:F OF JAMES M. YOUNG, SHERIFF OF
BUNCOMBE COUNTY, AND T. W. TAYLOR, SHERIFF OF HEN-
DERSON COUNTY.

Keiease from pen- SECTION 1. The General Asseiuhly of North Carolina do \
^ ^^*" enact, That James M. Young, sheriff of Buncombe county, i

and T. W. Taylor, sheriff of Henderson county, be and aire
hereby relieved from the payment of all penalties incurred '
by reason of their failure to settle with the treasurer of the \
state as required by law ; Provided, nevertheless, That said ^

1S79- 71.— CiiAPTEK 2oT— 208. 325

James M. Yoiiiig and T. "W. Taylor, do make a settlement
of tlieir taxes according to law with the treasurer, bj the
first day of May, one thousand eight hundred and seventy-
one ; And provided, that said James M. Young, shall not proviso.
be subject to the provisions of the " act to compel sheritls to
settle the public taxes," ratified March twenty-first, one thou-
sand eight hundred and sevent)-one, until after the first day
of May, one thousand eight hundred and seventy-one, and
pay all costs that may have accrued in consequence of his
failure to pay said tax at the time prescribed l)y law.

Sec. 2. That this act shall be in force from and after its when act to be iu

../• ■• force.

ratmcalion.

Eatified the 3d day of April, A. D. 1S71.

CHAPTER CCYIII.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF GASTON COUNTY
TO LEVY A SPECIAL TAX FOR THE PURPOSE OF REPAIRING
THE BRIDGE OVER SOUTH FORK RIVER, AT HAYLER FERRY,
WITHIN SAID COUNTY.

Sbction 1. The General Assemhly of North Carolina do Amount and ob-

\enact, That the commissioners of the county of Gaston be ""^^

and they are hereby authorized to levy and collect a special

tax of twelve hundred dollars for the purpose of repairing

tlie bridge over South Fork river, at Ilayler's ferry, in said

county.

' Sec 2. That the tax herein authorized to be levied shall

be collected and accounted for in the same manner and

under the same penalties which are api)licable to the col-

, lection of the ordinary tax of the state and county.

Sec. 3. That the tax herein authorized shall not be used Question submit-
I 1 1 i« ^1 i.1 ii i. 1 • 1 • ted to voters o(

t or expended for any other purjiose than that which is county.

expressed in the first section of this act ; Provided, That

the levy herein authorized to be made, be submitted to the

-321 1870-71.— CiiAi>TER 208—200.

qualified voters of said county, at the regular election to be

lield on the first Thursday in August, anno domini one

tliousand eight hundred and seventy-one, and if a majority

of the qualified voters approve thereof, then the levy shall

be made and not otherwise.

When act to be m Seo. 4. This act shall take effect from and after its ratifi-
foree.

cation.

Eatified the 3d day of April, A, D. 1871.

CIIAPTEK CCIX. ]

AN ACT TO AUTHORIZE TUE COMMISSIONERS OF ANSON COUNTTi
TO ISSUE BONDS, &C.

Preamble. WiiEREAs, By virtue of an act of the general assembly,

entitled an act to alter and amend the charter of the Wil^
mington, Chaidotte and Rutherfoi-d Eaih'oad Company, rati-V
fied second day of February, one thousand eight hundred
and fifty-seven, it is provided that the counties along the ;
line of the whole road shall be authorized and empowered ■'■
to subscribe for any nnmber of shares of the capital stock of i
said company not exceeding four thousand, under provisions f
therein made ; and whereas, some of the counties along said
road did subscribe in pursuance of said act ; now therefore,

Issuing of bonds. SECTION 1. The Genircl Assembly of North Carolina do
enact, That whenever it may become necessary to issue any
bonds in pursuance of said subscription, tlie duties devolved
by said act upon the justices of the counties may be dis-
charged by the board of county commissioners of said county,
and chairman of the commissioners and clerk may discharge
the duties of the chairman of the county court and clerk
thereof. ,

Sec. 2. That whenever the board of county commissioners ,
of any of said counties so subscribing may be satisfied that j
any bona fide holder of any bonds previously issued M'ith ;

1ST0-' 71. —Chapter 209—210. 325

coupons, in pursuance of the subscription authorized by said

act, has h->st the same, or that they have become nmtihited or

otherwise injured or destroyed, so as to be of no vahie to

the owner, and so that he can not realize the same or sucli

part thereof as may be due him. That the said board of ?;^,;;^'^;;?t!sVor

county connnissioners may cause new bonds and coupons to mutilated ones.

be issued to such persons upon such requisitions as the coni,-

misssioners may deem necessary and proper for the security

of the counties.

Sec. 3. That this act sh.all take effect and be in force from When act to take

ClltJCt).

and after its ratification.

Ratified the 3d day of April, A. D. ISTl.

CHAPTER C C X.

AN ACT TO AUTHi'RIZE C. AI'STIX, LATE SUEKIFF OF THE
COUNTY OF UNION TO COLLECT AKEEAKS OF TAXES.

Section 1. The General AssemhJy of JVort/i Carolina do ^[Jj^^^jj^.,^^ ^'''^
<37iact, That Culpepper Austin, late sheriff' of Union county,
be and he is hereby authorized and empowered to collect
the arrears of taxes due on the tax list of said county for the
years one thousand eight hundrfed and sixty-six and one
thousand eight hundred and sixty-seven, under the same
rules, regulations and restrictions as other collections of taxes
are made by virtue of the law of this state ; Provided, That Proviso,
the authority by this act granted shall not extend to the
estate of any person deceased or his executors or adminis-
trators, or to any person who will make affidavit that the
tax claimed has been paid, or to any land the title of which
is in a party other than party who returned it for taxes.

Sec 2. This act shall be in force fi\)ni and after its ratifi- When act to be ia

force.

cation.

Ratified the 3d day of April, A. D. 1871.

326 IS 70-' 71. —Chapter 211.

CHAPTER C CXI. '

AN ACT TO SUBMIT THE QUESTION OF " CONVENTION," OR " NO \

CONVENTION," TO THE PEOPLE, AND TO I'ROVIDE FOR THE \

ELECTION OF DELEGATES. ]

Preamble. WiiEREAS, Tlie present constitution is, in many respects, '

burdensome and oppressive to the people of the state, and is,

in many of its provisions, ill-adapted to their wants and con- j

dition ; a?id loh-ereas, the taxes required by said constitution I

to be levied upon the citizens of the state by this general '

assembly, are, in the judgment of this general assembly, too j

grievous to be borne, and cannot be collected without j

effecting the ruin of our people ; mid whereas, the general j

assembly, having reason to believe that a majority of the i
voters of the state are anxious to^amend the said constitution

in many particulars, consider it their duty to adopt measures '■
for ascertaining the will of their constituents, and to provide

the means for carrying of that will into effect when ascer- |

tained ; theretore, '

Section 1. The General Assembly of North Carolina do
When and where ^, , , . /,. , , , . , i . (
polls to be enact, 1 hat the sheritis oi the several counties oi this state-
shall open poll® at the various precincts in their respective
counties, as now established by law, on the fiist Thursday in \
August, anno domini one thousand eight hundred and sev-
enty-one, when and where all persons qualified to vote for \
members of the general assembly may vote for or against a j
state convention, under the restrictions hereinafter pre- ;
scribed ; those who wish convention voting with a printed ■
or written ticket, " Convention," and those who do not 1
wish such convention, voting in the same way, " No Con- '.
vention ;" also to open separate polls at the said time and \
places for the election of delegates to the convention, to be j
assembled in the city of Raleigh, at such time as is herein- j
after prescril)ed, said polls to be superintended by the reg- I
istrar of the precinct, and [by two judges O'- inspectors at |

Manner of voting.

1870-'71.— Chapter 211. 327

each of said places of liolding the election, to be appointed
by the commissioners of said counties respectively.

Sec. 2. That it shall be the duty of the said registrars and Duties of regis-
said judges or inspectors, immediately after the close of the {o*s'] """^ '°^P®*^'
polls, to count the ballots in the presence of such electors as
may desire to be present, and make out a correct statement
under their hands, of the polls at their respective places of
holding said election, which shall be sealed up and returned
to the commissioners of their respective counties, by twelve
o'clock on Saturday, after said day of election ; Provided^
The counties of Carteret, Dare and Hyde shall be allowed
until Tuesday, af^^r the election, to make their returns ; and
said commissioners, (or any two of them in the presence of
five or more of the citizens of said county,) shall compare
said returns at the court house, or other place of holding
court in their respective counties, and make duplicate state-
ments of said returns, sworn to before some person autho-
rized to administer oaths, which shall be deposited in the
office of the register of deeds of the county ; and if, for any
cause, the return for any precinct be not in by three o'clock,
p. m., then and in that case the commissioners shall adjourn
without comparing the polls, to meet again on the following
Tuesday, at twelve o'clock, m., when the polls of the various
precincts of that county shall be compared, and in the mean-
time they shall direct the sheriff, or one of his deputies, to
compel the attendance of the delinquent returning officer
with the vote of his precinct. When the commissioners
have thus completed the comparison of the polls, they shall result.
make proclamation at the court house door, of the vote cast
for and against the convention, and the names of the person
or persons duly elected as delegates.

Sec. 3. The register of deeds for each county shall trans- Register of deeds
mit by mail, on or before the tenth day of August, anno ^°^a^« x<t\xaiit.
domini one thousand eight hundred and seventy-one, to the
office of the attorney-general, under his hand, one of the
certified statements provided for in the foregoing section, aiid
Bhall, on or before the same day, give to the person or per-
sons duly elected delegate or delegates, a certificate of his
19

328

1870- 71.— Chaptek 211.

Returns, how
onened and count-
ed.

Eesnlt.

Convention to as-
semble.

Appointment of
inspectors.

Registrars.

or their election ; and if for any canse there be no reg-
ister of deeds in any county, the commissioners of snch
county, when tliey declare the result, shall appoint one.

Sec. 4. The attorney general shall endorse upon the
returns thus made to his office the time when the same were
received, and shall file them away until the fourth Thursday
of August, anno doinini one thousand eight hundred and
seventy-one, when they shall be opened and counted by the
attorney general, the president of the senate, the speaker of
the house of representatives and the secretary of state, or
any two of them ; and the result shall be by them an-
nounced in such manner as they may deem best. If a ma-
jority of the votes be against a convention, they shall so
declare in a proclamation, and in that case the delegates shall
not assemble. But it a majority be for a convention, the}'
shall so declare, and in that event the delegates elected at
said election in the various counties, shall assemble in the
city of Ealeigh, on the third Thursday of September, anno
domini one thousand eight hundred and seventy-one, for the
purpose herein declared.

Sec. 5. The election shall be held in all respects in strict
conformity to the existing laws of this state regulating elec-
tions for members of the general assembly, and according
to the provisions of this act.

Sec. 6. That the inspectors of election mentioned in
section first of this act, shall be appointed by the commis-
sioners of each county respectively, at a meeting to be
held on the first Monday in June, one thousand eight
hundred and seventy-one, or as soon thereafter as practi-
cable, and said commissioners shall at the same time appoint
a registrar of voters for each voting precinct or township,
whose duty it shall be to revise the existing registration
books of his precinct or township, in such manner that said
books shall show an accurate list of all electors previously
registered in such precinct or township, and still residing
therein, without requiring such electors to be registered
anew ; and such registrar shall also at all times, after his
appointment, up to, and on the day of election aforesaid.

1S70-'71.— CiiAiTEK 211. 329

Iveep opeii said books, and shall be at the polls on said day, Duties of Rci^is-
with said books for the registration » of any electors residing
in such precinct or township, and entitled to registration,
whose names have never before been registered in such pre-
cinct or township, or do not appear in the revised list; no
certificates of registration shall be given, and no elector
shall be entitled to register or to vote in any other precinct
or township than the one in which he is an actenal and hona
fide resident on tlie day of election. Any person offering
to vote, although his name may be on the registration books,
may be challenged as to his right to vote on the day of elec-
tion, and the question shall be decided by the inspectors of
the box and the registrar of the precinct or township, before
the ballot is received.

Sec. T. That if a vacancy shall occur by death or other- Vacancies,
wise, of any person elected delegate as aforesaid, the presi-
dins: olScer of the convention shall issue his writ to the
sheriff of the county in which such vacancy may have oc-
curred, after such notice as the convention may order, to
open polls to fill such vacancy under the same rules and
regulations as hereinbefore prescribed for the election of
delegates.

Sec. 8. That said convention shall consist of one hundred Number of Dele^
and twenty-one delegates, and each county shall be entitled
to tlie same number of delegates as members of the house
of representatives, under the present apportionment, and the
county of Dare shall be entitled to one delegate.

Sec. 9. That said convention shall have power to fix Payofofflcera
the pay of all its oificers and members, and shall provide for " ^"^"^ '^^^
other expenses to be paid out of the treasury as it may
direct.

Sec. 10. That said convention shall have power to elect its Qualification of
officers, and shall be the judge of the qalifications and elec-
tion of its members, who shall be electors of the state of
North Carolina.

Sec. 11. The said convention shall have power to con- Powers of Coa~
sider and propose all necessary amendments and alterations
to the constitution, not inconsistent with the constitution of

330

1870-'n.— Chapter 211.

the United States, except as is hereinafter provided, to-wit r
The said convention shall have no power or authority what-
ever—
Restrictions. 1st. To offer or propose any amendment to, or alteration,

of, or in anywise interfere with, repeal or modify the home-
stead and personal property exemptions, as provided for in
article ten of the constitution of the state ;

2d. To modify, repeal, or do any other act to restrict, im-
pair, or in any way interfere with the rights, privileges or
immunities of any person in the state on account of race,
color or previous condition, which are now guaranteed to him
by the thirteenth, fourteenth and fifteenth amendments to the
constitution of the United States ; or to propose any amend-
ment to the constitution of the state in anywise impairing or
restricting said rights, privileges or immunities ;

3d. To modify or repeal that clause in the present con-
stitution which provides for a mechanics' and laborers' lien
law ;

4th. To pass any ordinance or ordinances, legislative in
their character, except such as are necessary for the purpose
of submitting the constitution as amended to the people for
their ratification or rejection, and except ordinances in rela-
tion to the public debt and in relation to the convention
itself.

Sec. 12. That said convention may revise the constitution
of the state, embodying in it such alterations and amend-
ments as may be agreed upon, not inconsistent with the pro-
visions of this act ; but no such revised constitution shall
have any force or validity until the same shall have been
ratified by a majority of the qualified voters of the state, to
whom the same shall be submitted according to the mode
to be prescribed by ordinance of said convention.

Sec. 13. That no delegate to said convention shall be per-
mitted to take his seat in said con^-ention until he shall have
taken and subscribed the following oath or affirmation before
any judge of the supreme or superior courts, or any justice
Oath of delegates, of the peace of Wake county, to-wit: I, A. B., do solemnly
swear, (or affirm, as the case may be,) that I will faithfully

Constitution to
be submitted to
the people.

1870-71.— Chapter 211. 331 I

inaiiitaiu and support the constitution of the United States, ^

and will not either directly or indirectly evade or disregard '■

the duties enjoined, or the limits fixed, to this convention '

by the people of North Carolina, as set forth in the act of '

the general assembly passed in one thousand eight hundred I

and seventy-one, entitled " an act to submit the question of I
Convention or No Convention to the people, and to provide

for the election of delegates, which act was ratified by the ;

people : So help me God." j

Sec. 14. That any registrar, or judge, or judges of elec- Penalty on officers j
tion, appointed under the pro^nsions of this act, or any county witiTfhis'act.™^ ^ I
commissioners, or register of deeds, or sheriff, failing or \
neglecting to make the returns and perform the duties re- i
-quired of him by this act, shall be deemed guilty of a misde- i
meanor, and on conviction, shall be fined not less than five j
hundred nor more than one thousand dollars, or imprisoned J
not more than six nor less than two months, at the discre-
tion of the court. ,

Sec. 15. Any person who shall knowingly and fraudulent- Fraudulent regis- i

ly register or vote, or induce another to do so contrary to the ^^ ^^° ^ ^° ^^' j

provisions of this act, shall be deemed guilty of a misde- ;

meanor, and on conviction, shall be imprisoned not less than i

six nor more than twelve months, or fined not less than one ;
hundred nor more than five hundred dollars ; and any regis-
trar of voters who shall make or cause or suffer to be made,

any entry with intent to commit a fraud, shall be subject to j

indictment and liable to the same penalty. ;

Sec. 16. That the joint committee on printing shall im- Copiea of law to I

mediately have printed ten copies of this act for each senator ' '

and member of the house of representatives, and shall have \
printed and transmitted by mail one hundred copies to the

board of commissioners for each county, whose duty it shall I

be to furnish one copy to each registrar in their respective ;

counties, and one copy to the inspectors of election at each |

precinct before the day of election. j

Sec. 17. This act shall be in force from and after its ratifi- whm act to b« Ja

cation, and shall operate as an entire suspension of the act ^^'

832

1870-'71.— Chaptee 211—212.

ratified the eiglit day of February, one thousand eight lum- ;

dred and seventj-one, entitled "an act concerning a con- j

vention of the people." "j

Eatified the 3d day of April, A. D. 18T1. ]

CHAPTEE CCXII.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF CALD-
WELL COUNTY TO LEVY A SPECIAL TAX.

Object of special
tax.

Limitatioii.

When act to be in
force.

Section 1. The General Asse7nljly of North Carolina do
enact, That the county commissioners of Caldwell county by
and they are hereby authorized to levy a special tax for the pay-
ment of the county indebtedness and other purposes, said tax
to be levied, collected and accounted for as other taxes are,
and to be paid over to the county treasurer to be disposed of
as the commissioners may direct, said tax to be collected and
accounted for under the same penalties as taxes for state and
county purposes. Said taxes shall not exceed the sum of
three thousand dollars, and may be levied at such time as
the said commissioners may deem proper ; Provided, never-
theless, That this lev}^ shall not exceed the constitutional
equation in reference to poll and real estate taxation.

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

Eatified the 3d day of April, A. D. 1871.

1S70- 71.— Chapter 213. 333

CHAPTER CCXIII.

AJSr ACT TO AUTHORIZE THE COMMISSIONERS OF CLEAVELAKD
COUNTY TO ISSUE BONDS.

Section 1. The General Assemlly of North Carolina do Amouutandde-

'' ^ _ _ nominations of

enact, That in order to liquidate the liabilities of the county bonds.

of Cleaveland, tlie commissioners of said county are hereby

authorized to issue coupon bonds, not exceeding in amount

the sum of thirty thousand dollars, in denominations of not

less than twenty dollars.

Sec 2. The said bonds shall run for ten years with inter- Term andinter-

fcSt.

est, at the rate not exceeding eight per cent, per annum,
payable semi-annually, and coupons on said bonds shall be
receivable in payment of county t^ixes for any fiscal year in
which they may fall due.

Sec. 3. The said county commissioners shall have the Ri^htof redemp-
privilege to redeem said bonds at any time after the expira-
tion of one year, and may, in their discretion, appoint a suit-
able person as trustee and commissioner of a sinking fund,
who shall, each year purchase one-tenth of said bonds then
outstanding, or receive from the county treasurer, by order
of said county commissioners, one-tenth of the amount suffi-
cient to redeem said bonds when they shall fall due.

Sec. 4. That no bonds authorized by this act shall be Q»estiontobe

_ •' _ submitted to vo-

issued until after an election to be held in said county under tcis.

the direction of the county commissioners, in Which election

a raajoi'ity of the votes cast by the qualified voters of said

county shall be in favor of the issuing of such bonds for the

purpose herein specified.

Sec. 5. This act shall be in f irce from and after its rati- Whan act to be in
£ ^. force,

iication.

Eatitied the 3d day of April, A. D. 1871.

334:

1870-'T1.— CnAPTEK 215.

CHAPTERCCXIY

AN ACT TO AUTHOEIZE THE COUNTY OF WILSON TO IS8UB

BONDS.

Amount and de-
nominations of
l)ond6.

Interest.

How to be ap-
plied.

Manner of issue
and terms.

Redemption.

Question to be
submitted to vo-
ters of county.

Section 1. The Genet^al Assembly of North Carolina do
enact, That the board of commissioners for the county of Wil-
son, be and the same are hereby authorized to issue coupon
bonds not to exceed in amount the sum of ten thousand dol-
lars, in denominations of not less than twenty-five dollars
($25) nor more than five hundred dollars ($500) which said
bonds shall not bear interest at a greater rate than eight per
cent.

Sec. 2. That it shall not be lawful for said board of com-
missioners to negotiate the said bonds for any other purpose
than the funding of such^ debts and liabilities of the said
county as may be outstanding at the time of the ratification
of this act.

Sec. 3. That said bonds shall be made payable after the
expiration of twenty years from the date thereof ; Provided,
nevertheless, That the said bonds shall be divided in five
classes, each class comprising two thousand dollars of said
bonds, and that the said county commissioners shall have
power to redeem the said classes as follows, viz : the first
class after the expiration of four years from the date threof ;
the second class after the expiration of eight years from the
date thereof ; the third class after the expiration of twelve
years from the date thereof; and the fourth class after the
expiration of sixteen years from the date thereof; and that
the said several bonds shall distinctly set forth on their re-
spective faces the manner in which they are payable.

Sec. 4. That the board of county commissioners of "Wilson
county shall, on tlie first Thursday in August, in the year
one thousand eight hundred and seventy-one, cause polls to
be opened at the several election precincts in the said county
as now fixed by law, at which election the question shall be
submitted to the quahfied voters of the county, for ratifica-

1870-'71.— Chapteb 214—215. 385 !

i
tion or rejection tliereof, those favoring a ratilication shall \

vote a written or printed ticket inscribed with the word '

" Eatification," those opposed to the ratification with the !

word "Rejection."

Seo. 5. That this act shall 20 into effect only in case a When act to take

eflect
majority of the qualified voters of said county shall vote in ' !

favor of its ratification.

Ratified the 3d day of April, A. D. 1871. !

CHAPTER CCXV.

AN ACT TO RENDEK VALID AND BINDING THE ACTS OF CEE- i

I
TAIN OFFICERS IN THE STATE AND FOR OTHER PURPOSES.

Whereas, In several counties in the state, contests have Preamble. ;
arisen in regard to the rights of parties elected at the late

election in August fourth, one thousand eight hundred ]

and seventy, to hold, occupy and enjoy the ofiices to which ]

they were respectively elected in said counties ; therefore, :

Section 1. T/ie Gene7'al Assemhly of North Ccrolina do incumbent enti- \

ena/jt^ That in all cases ol said contested elections the person ® " ^o ce. j

or persons who have been inducted into oflice or who still I

hold said ofiice by virtue of said election, or any persons who |

still hold said office by virtue of any previous elections or \

appointments shall be deemed and considered as the proper \

person entitled to said office and be entitled to all the ■

privileges, protection and immunities, to which said respec- ;

five oflBccs entitle tliem, until the rights of the parties I

claiming said offices shall be legally decided. j

Sec. 2. That all acts and deeds of the person or persons official act* of in- '

1 1 J. • 1 n^ 1 • 1 ^ • . ,. cunibants made

now holding said othce, done in pursuance and by virtue of valid.

said oflBce during their continuance in said office, shall be i

deemed lawful and valid, and the parties so holding said ■

offices shall not be held liable in either a criminal or civil \

336

1870-'71.— CHArTEK 215—216.

Act not to efifect
contests.

When act to be in
force.

action for the acts and deeds done by virtue and antbority
of tlie said office so held and exercised by them.

Sec. 3. That this act shall not in any wise impair or
affect the legal rights of any person or persons contesting
said elections and claiming said offices.

Sec. 4. That tliis act shall be in force from and after its
ratification.

Ratified the 4ri) day of April, A. D. 1871.

CHAPTER OCX VI.

AN ACT TO AMEND AN ACT ENTITLED '' AN ACT IN RELATION

TO PEOCEEDINGS IN CONTEMPT.
THE OFFENCE OF CONTEMPT.

AND TO FUETIIEB DEFINE

Preamble

Whereas, Doubts have been expressed whether the act
of the general assembly entitled an act in relation to pro-
ceedings in contempt, ratified on the tenth day of April,
anno domini one thonsand eight hundred and sixty-nine, did
enumerate and specify all the acts of contempt of court,
whether of malfeasance, misfeasance or non-feasance, of
which any officer or person could be legally guilty and be
punished therefor ; and by reason of such doubts the judi-
cial authority have asserted that other acts of contempt not
specified in said act of the general assembly, still exist by
virtue of the common hiM', and have assumed the power to
exercise jurisdiction over the same under the alleged au-
thority of the said conimon law, and to impose other pun-
ishments therefor besides those prescribed and defined by
the said act; And, whereas, it is due alike to the judicial
authority and the freedom of the citizen that all offences,
and especially those for which summary punishments without
trial by jury may be imposed by courts, should be distinctly
known, and the nature and extent of their punishment
defined and prescribed by law ; now, therefore,

ISTO-'Tl.— Chapter 210. 33T

ISection 1. The General Assembly of North Carolma do Amendment to

. . „ law of 1809.

€i\act, That sub-divisions seven, of section one ot an act en-
ittled " an Rct in relation to proceedings in contempt," rati-
fied on the tenth day of April, anno doniini one thousand
eight hundred and sixty-nine, be and the same is hereby
amended by inserting atter the word " court" in the second
line thereof, the words "about any trial or other matter
then pending before said court made with intent to misrep-
resent or to bring into contempt the said ooui't."

Sec. 2. That the several acts, neglects and omissions ot fe'jj^jj^t^of °4^|?°"
duty, malfeasances, misfeasances and non-feasances, specified
and described in said act of April, one tliousand eight
hundj-ed and sixty-nine, as hereby amended, shall be and
they are hereby declared to be the only acts, neglects ai.d
omissions of duty, malfeasances, misfeasances and non-
feasances, which shall be subject of contempli of court.

Sec. 3. That if there be any paVt3 of the common law Repeals.
now in force in this state which recognized other acts, neg-
lects, omissions of duty, malfeasances, misfeasances, or non-
feasances, besides those specified and described in said act,
the same are hereby repealed and annulled.

Sec. 4. That no person who shall have been duly licensed JJjrof li^use."'
to practice law as an attorney, bhall b3 debarred or deprived
of his license and right so to practice law either permanently
or temporarily, unless he shall have Iwen convicted or in
open court confessed himself guilty of some criminal offence,
showing him t^j be unfit to be trusteed in the discharge of the
duties of his profession.

Si:c. 5. This act shall be in force from and after its rati- WTbe^n act to be ia
fication.

Katified the -ith day of April, A. D. 1871.

338 1870-'71.— Chapter 217.

CHAPTEE CCXVII.

AN ACT TO AMEKD SECTION TWENTY-THREE, (23) OF CHAPTEE j

THIRTY-SEVEN, REVISED CODE, ENTITLED " DEEDS AND CON- ;

VEYANCES." j

Amendment to SECTION 1. The General Assemlly of Noi'th Carolina do \

-Coda, ' enact, That section twenty-tliree (23) of chapter thirty-seven |

(37) revised code, entitled "deeds and conveyances," be |
amended by adding thereto the following : That any deed I
of trust or mortgage which hath been or which hereafter j
may be registered in the manner required by this and the
preceding sections, may be discharged and released in the
following manner, to-wit : the trustee or mortgagee or his or
her legal representative, or the duly authorized agent or
attorney of such trustee, mortgage or legal representative,
may, in the presence of the register of deeds, acknowledge
the satistaction of the provisions of such trust or mortgage,
whereupon it shall be the duty of the register forthwith to
make upon the margin of the record of such trust or mort-
gage, an entry of such acknowledgment of satisfaction, which
shall be signed by the said trustee, mortgagee, legal repre-
sentative or attorney, and witnessed by the register, who
shall also affix his name thereto, and every such entry thus
acknowledged and witnessed shall operate and have the
same effect to release and discharge all the interest of such
trustee, mortgagee or representative in such deed or mort-
gage, as if a deed of release or re-conveyance thereof had
been duly executed and recorded.
"When act to be in ^^^' ^- That this act shall be in force from and after its
Sorce. ratification.

Katified the 4th day of April, A. D. 1871.

1870-71.— Chapter 2 18. 339i ^

CHAPTER CCXA^III.

Ay ACr TO INCORPORATE THE MOUNT AIRY AND CENTRAL
RAILROAD COMPANY.

' Section 1. T/ie General AssemUy of North Carolina do Corporators
enact, That it shall be lawful for Jesse Moore, J no. Rawley,
Thos. W. Prather, Robert S. Gilmer, Jno. Brower, Dr. Jos.
Hollinsworth, James Davis, Job Worths, Nick Dalton, or
any three of them, to open books of subscription at Mount f^<;9j^t«j„^J/'^^-
AiVy and such other places as they may select, for the pur-
pose of receiving subscriptions to an amount not exceeding
three hundred thousand dollars in shares of fifty dollars each, C^apM stock and
for the purpose of effecting a communication by means of a
1 narrow guage railroad from some point in or near Mount
Airy, Surry county, North Carolina, to some point on the Location of road.
North Carolina Central Railroad, either by the way of
Salem to Greensboro', on the route of the Northwestern
North Carolina Railroad, or by any other route which may
be deemed by the stockholders most advisable, and for pro-
viding everything necessary and convenient for transporta-
I tion on the same.

; Sec. 2. When the sum of seventeen thousand dollars shall Corporate name^
I be subscribed, the subscribers, their executors, admin istra-
I tors or assigns shall be and they are hereby incorporated
into a company by the name and style of the Mount Airy
. Railroad Company, and by that name shall be capable of
' purchasing, holding, selling, leasing and conveying estates,
real, personal and mixed, so far as shall be necessary for the Rjg|^8 and priyiih
purposes specified in this charter and no further and shall
have peq:)etual succession, and by said corporate name may
sue and be sued, and may have and use a common seal and
shall have all of the powers, rights and privileges which
other corporate bodies lawfully have for the purpose herein
mentioned and may make all such by-laws rules and regula-
tions not inconsistent with the constitution and laws of this
state, or those of the United States, as shall Ijc necessary for

1870-'71.— Chapter 218.

Meeting of sub-
scribers.

President and di-
irectors.

Furtlier powers
and privileges.

Proviso;

the well ordering and conducting of the affairs of said com-
pany.

Sec. 3. When the said sum of seventeen thousand dollars
shall have been sul)scribed, public notice of the fact shall be
given by three or more of the said commissioners at Mount
Airy, who shall have power at the same time to call a general
meeting of the subscribers at Mount Airy. To constitute
such a meeting a number of persons entitled to a majority
of the votes shall be present, either in person or by proxy,
and if a sufficient number do not attend on that day then
those who do attend shall have power to adjourn from time
to time until a meeting shall be formed.

Sec. 4. The subscribers at their general meeting before
directed, and the stockholders at every annual meeting there
after, shall elect a president and five directors who shall
continue in office unless sooner removed, until the next
annual meeting and until their successors are appointed.
But the president or any of the directors "may at any time
be removed, and the vacancy thereby occasioned, be filled
by a majority of votes given at any general meeting. The
president with any two or more of the directors, or in the
event of absence, sickness or inability of the president, any
three or more of the directors who shall appoint one of their
own body president _^>rc tempore, shall constitute aboard for
the transaction of business. In the case of vacancy in the
office of president or any director happening from death or
resignation, removal or inability, such vacancy may be sup-
plied by the appointment of the board until the next annual
meeting.

Sec. 5. The said corporation shall be invested with all the
powers, rights and privileges conferred upon the Raleigh and
Gaston Railroad Company by its charter granted in the j^ear
one thousand eight hundred and thirty-five, and shall be
subject to all the rules, regulations and restrictions therein
contained, so far as the same are applicable to a railroad
above designated and are consistent with the provisions of
this act ; Provided, nevei'theJess, That the judges of the
courts of probate of Surry, Stokes and Forsythe counties

1870- 71.— Chaptek 218. 341

shall exercise the powers conferred by said charter on the
court of pleas and quai-ter sessions, so far aa the condem-
nation of land is concerned for the use of said company.

Sec. <i. The county commissioners ot Surry, Stokes and Subscriptions by

•' • f counties.

Forsythe counties shall [have] power to subscribe for any num-
ber of shares of the capital stock of said company a sum not
exceeding in amount three times the sum subscribed by indi-
viduals, and in no event exceeding the sura of one hundred
thousand dollars. A majority of said county commissioners re-
spectively shall at any time within three years after the ratifica-
tion of this act, determine the number of shares for which they Question submit-
proposethat their counties shall subscribe and appoint a day
for holding an election in relation thereto and cause the
same to be entered upon their minutes, and it shall be the
duty of the sheriffs of said counties at the court house to
advertise the object and the day of election for at least
twenty days prior thereto on said day to open and keep
open the polls, agreeable to the acts regulating the election
of members of the general assembly, and all qualified voters
for the house of representatives of this state in said counties
of Surry, Stokes and Forsytlie, who shall have resided there
ninety daj's before the election favoring subscription, may
vote " Railroad," and those opposing subscription may vote
" Xo Railroad," and the result of the election shall be made
kiiown to the conmiissioners of said counties at their first
meeting after the election, and shall be made a matter ot
record. It the result shall be favorable to the subscription,
then it shall be the duty of said boards of commissioners of
Surry, Stokes and Forsythe counties to authorize the chair-
man of their respective boards to make the subscription in
tlie name of their respective counties.

Sec. 7. To enable said boards to meet the instalments Bonds may be is-

, , , , . T 1 1 • , • 1 . sued by counties,

that may be required upon sucli subscription or otherwise

pay the same, they are hereby invested with authority to
issue bonds of their respective counties redeemable in a
period not exceeding twenty years from the dates thereof,
bearing interest payaljle semi-annually, at a rate not exceed-
ing eight per cent, per annum, and it shall be the duty ot

342

1870-'71.— Chapter 218.

Increase of capi-
tal stock.

Company may
borrow money,
&c.

May receive land
a« subscription.

Proviso.

said boards regularly to provide the means for meeting
the interest on said bonds as the same shall become due by-
levying such taxes annually upon persons, lands and other
property within said counties as shall be sufficient tor that
purpose, and the said boards respectively shall have power
to appoint one of their number to negotiate any loan or
loans that may be necessary, to sell and dispose of the bonds,
to receive the tax imposed to meet the interest and apply
the same to its payment, and to represent said counties in all
meetings of the stockholders of said company and to receive
the dividend that may become due upon the county stock,
and apply the same either to the interest or to a sinking
fund for the extinguishment ot the principal as the said
boards may direct ; and it shall be likewise the duty ot said
boards to make provisions by taxation or otherwise for the
prompt payment of the principal of said bonds when they
shall become due.

Sec. 8. It shall be lawful for a majority of the stockholders
at any general meeting to increase the capital stock of said
company by the addition of as many shares as they may
deem necessary for which they may at their discretion, cause
subscriptions to be received in such manner as may be pre-
scribed by them or may sell the same for the benefit of said
company for any sum not under the par value thereof, and
the said directors, or a majority of them, shall, by and with
the consent of stockholders in general meeting assembled,
have power to borrow money for the purpose of this act, to
issue proper certificates of such loans and to pledge the
property ot the company by mortgage or otherwise for the
payment of the same, and the interest that may accrue
thereon, provided the interest shall not exceed ten per cent,
per annum.

Sec. 9. It shall be lawful for said company to receive not
exceeding fifty thousand acres ot land in payment for sub-
scriptions of stock ; Provided^ That it shall not be lawful
for said company, at the expiration of ten years after the
completion of this road, to hold more land than shall be
necessary for the use of the road.

1870-71.— Chaptek 218—219. 343 ]

Sec. 10. That each gubscriptbn to the capital stock of the Sai»«jr^t5onbind-

same company shall be binding from the time of making it. '

Tliat in paying the last instalment on each share a credit of j

eight per cent, per annnm shall be allowed on all previous 'j
payments from the date of payment.

Ratified the 4th day of April, A. D. 1871. 1

CHAPTER CCXIX.

AN ACrr FOR THE PROMOTION OP IMMIGRATION AND THE SET-
TLEMENT OF THE UNIMPROVED LANDS OF THE STATE.

Sechon 1. T}t£ General AsseinUy of Noi^th Carolina do Railroa4Immi-
&iaxit, as follows, For the purpose of promoting immigration ^i.°* ^°* *'
into this state, and the settlement ot the unimproved lands
of the state, a corporation is hereby created, under the name
of " The Railroad Immigration Association of !North Caro-
lina," to have perpetual succession and a common seal, which
they may alter and change at their pleasure, and shall be corporate rights.
capable of suing and being sued, of pleading and bemg im-
pleaded, with capacity to hold real and personal estate.

Sec. 2. Said corporation shall consist of the Raleigh and Cocporators.
d-aston Railroad Company, the Wilmington and Weldon
Railroad Company, the Wilmington, Columbia and Augusta
•Railroad Company, the North Carolina Railroad Company,
the Seaboard and Roanoke Railroad Company, the Peters-
burg Railroad Company, the Atlantic and North Carolina
Railroad Company, the Wilmington, Charlotte and Ruther-
ford Railroad Company, the Western Railroad Company,
the Western North Carolina Railroad Company, tlie Peic-
mont Railroad Company, the Charlotte and Atlantia Railroad
Company, the Atlantic, Tennessee and Ohio Railroad Com-
pany, the Charlotte, Columbia and Augusta Railroad Com-
pany, the Chatham Railroad Company, the Williamston and
Tarboro' Railroad Company, the Eden ton and Norfolk
20

344

18Y0-'71.— Chapter 219.

Subscriptions by
Railroad corpora
tions.

Board of Direc-
tors.

President and
Vice Presidents.

By-Laws.

Secretary and oth-
er officers

Powers and pri\i-
lesres.

Eailroad Companj, the Korth AVestera North Carolina
Railroad Companj, and all other railroad companies, now or
hereafter to be incorporated, the whole or any portion of
whose lines are in this state, or any one or more ot said
railroad corporations who may desire to become members of
the corporation herein authorized.

Sec. 3. All railroad corporations agreeing to become stock-
holders of this association shall subscribe and pay annually,
at such time as may be determined by the board of directors
herein authorized to the treasurer of the association, ten dol-
lars per mile (or a larger amount if they shall deem it neces-
sary to carry into effect the object of this charter,) for each
mile of road in actual running order located in this state.

Sec. 4. The affairs of this association shall be managed by
the general board of directors, to be formed as follows, viz :
The directors of each subscribing corporation shall choose
one director ; these directors shall choose a president of the
association ; the presidents of the subscribing corporations
shall be ex officio vice-presidents of this association, and the
general board of directors shall consist of said designated di-
directors, of the vice-presidents and the president of .he asso-
ciation, which president with the attorney shall reside at
Raleigh.

Sec. 5. The general board of directors may pass such
by-laws for the government of the association as they may
see fit, not inconsistent with the constitution and laws of the
United States or of this state, and may appoint and remove
an attorney, secretary, treasurer and other officers, and fix
their compensation and prescribe their duties.

Sec. 6. The railroad immigration association shall have
power to buy, and sell, lease, mortgage or otherwise convey
lands, to make advances of money or other things to settlers
and others, on such terms and on such securities, real or
personal, as may be agreed on, to negotiate for the purchase
or sale of lands, to aid settlers and. others in the purchase
of lands or building of houses, and improving lands, and in
general to carry on the business of a land and immigration
company. The association may likewise own and manage

1870-'71.— Chapter 219. 345

•steam or otlier vessels, and take measures for the transporta-
tion of persons and property into the state, and take all pro-
per or customary measures for the comfort and interests of
immigration and settlers. It shall likewise have power to
appoint one or more commissioners and agents to visit or
reside in Europe and other countries, as well as in the
United States, for the purpose of soliciting immigration and
carrying out the objects ot this charter.

Sec. 7. Each railroad company becoming a member of this Settlement of

. . 1 11 1 1 . • 1 . 1 i 1 ^ 11 land along sub-

-association shall, through its president, have control oi all scribing roads,
settlements of land and of all other business of the asso-
ciation along its line ; Promded, Jwweverj That no expen-
-ditures of the funds of the association shall be made without
the authority of the general board thereof; and all net
profits made in carrying out the objects of this charter by
any company shall be paid into the treasury of the associa-
tion. Full reports of all proceedings and exhibit of accounts
as well as final settlements, shall be made at such time and
in such manner as the general board of directors shall pre-
scribe.

Sec. 8. Each railroad becoming a member of this asso- Appointment of
ciation shall have authority to appoint agents, to be paid by
the appointing company, for the purpose of inducing immi-
gration to its line, but such agents shall be subject to the
control of the general board of directors, and all questions
involving the action of such agents shall be referred to such
board of directors, whose decision shall bind the parties.

Sec. 9. All railroad companies in this state becoming Rates of fare to
members of this association, shall transport hoiia fide immi-
grants and settlers, actually making settlements in the state,
for not exceeding one cent, per mile for one trip, and their
freight and baggage when moving in for settlement at
not exceeding twenty cents per hundred pounds for one hun-
dred miles. The provisions of this section shall extend to
the carrying of persons and freights over all the lines of the
members of this association, without regard to the place of
aettlement of the immigrants or settlers.

346

1870-'71.— Chapter 219.

Profits.

Annua] meeting.

Qnorum.

First meeting.

Sec. 10. If any net profits shall accrue to tlie railroad immi-
gration association, they shall be di%aded among the sub-
scribing companies in proportion to the net profits of each
line, at such time as may be prescribed by the general board
of directors.

Sec. 11. The stockholders of this association shall pre-
ecribe the time and place of their annual meeting. The gen-
eral board of directors may call a meeting of stockholders at
any time they may think proper, and any number of stock-
holders having paid in one-tenth of the whole amount of
stock paid, may call a special meeting, on notice of sixty days
at least, in one or more newspapers published in Raleigh,
specifying the purpose of the meeting. In all meetings each
company shall be entitled to a vote in proportion to the
amount paid in by the same, and each board of directors of
said company shall appoint a pro.xy to cast the vote of their
company, but none but the president or a director of such
company shall be a proxy.

Sec. 12. a majority of the general board of directors of
this association shall be a quorum for the transaction of busi-
ness. If the president of the association be absent, the mem-
bers present shall select a presiding oflScer.

Sec. 13. For the purpose of organizing this association,
the board of directors of the first of the above named rail-
road companies shall, through their president, within sixty
days after the ratification of this act, call a meeting of the
presidents of all the railroad companies herein authorized to
become members of this association, and also of delegates,
one to be appointed by each of the boards of said companies,
at Raleigh, after giving fifteen days notice of the time and
place of meeting ; Provided, That each board may, in their
discretion be represented by their president alone. At the
meeting so held, the representatives of any one or more com-
panies may accept this charter, and thereupon the associa-
tion shall be fully organized, and the representatives so
accepting shall provide for a meeting of the general board of
directors hereinbefore authorized. But no company shall

1870-'71.— Chapter 219-220. 347

"be bound by the action aforesaid, if the stockholders at the
Urst meeting held thereafter shall disapprove such action.

Sec. 14. Any railroad company may retire from this asso- Any company

. . . . , . t . n .11, ™*y withdraw

elation, alter giving one year? notice, having first paid all from Aesoclafion.

its dues to the association, incurred up to the time of retire-
ment.

Sec. 15. This act shall be in force from its ratification. When act to be ia

force.
Ratified the 4th day of Apiil, A. D. 1871.

CHAPTER CCXX. ;

AI^ ACT SUPPLEMENTAL TO AN ACT TO RAISE BEVENUB. ]

Section 1. ITie Oenenral Assernhhi of North Carolina do Gopiee oJ Rev«.

'' '' nue acts to be |

-enact, That the secretary of state is hereby directed to have printed. i

printed three thousand copies of the act passed at the present ]

session of the general assembly, entitled " an act to raise

jevenue," and also three thousand copies of an act passed at

the present session of the general assembly entitled " an act

to amend an act to provide for the collection of taxes by the

state on property, polls and incoine, ratified the twenty- i

eighth day of March, one thousand eight hundred and i

'Seventy. |

Sec. 2. The secretary of state shall, as soon as possible, Dlatrlbatlon. j

• distribute the said copies among the boards of county com- ,

missioners of the several counties of the state.

Sec. 3. The secretary of state shall also have printed five

■copies each of the said acts for the use of each member of the j

general assembly. i

Sec. 4. This act shall take efiect from and after its ratifl- when act to be ix^

force,
.cation. ■

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

S4S

1870-'71.— Chapter 221.

CHAPTEK CCXXI.

Amendaient to
act of April, 1869.

Penalty on wilful
refusal to grant
writ.

further penalty.

Further penalty
lor violation of

this act.

When act to take
effect.

AJT ACT AMENDATORY OF AN ACT ENTITLED PROCEEDINGS Dt
HABEAS CORPUS, RATIFIED THE SIXTH DAY OF APRIL, ANNO-
DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE.

Section 1. The Gmet^al AssemUy of North Carolina do
enact, That section twelve of an act entitled " proceedings
in habeas cor^us,^'' ratified the sixth day of April, anno
domini one thousand eight hundred and sixty-nine, be
amended by striking out the words " eight days " in the
seventh line of that section, and inserting the word " reasona-
ble" instead thereof; and that section thirty-one of said act
be amended by striking out all of said section after the word
" therein " in the fifth line of the same and inserting instead
thereof the words " reasonable time."

Sec. 2. That if any judge shall wilfully refuse to grant
the writ of attachment as provided for in section fifteen of
said act, he shall be liable to impeachment, and moreover shall,
forfeit to the party aggrieved, twenty-five hundred dollars.

Sec. 3. That if any judge shall refuse to grant the precept
provided for in section seventeen of said act, he shall be
liable to impeachment, and moreover shall forfeit to the
party aggrieved twenty-five hundred dollars.

Seo. 4. That if any judge shall grant the attachment pro-
vided for in section fifteen of said act, or the precept provided
for in section seventeen of the same, and shall give the
officer or other person charged with the execution of the
same verbal or written instruments, not to execute the same,
or to make any evasive or insufficient return, or any return
other than that provided by law ; or shall connive at the
faihng to make any return or any evasive or insufficient
return, or any return other than that provided by law, he;
shall be liable to impeachment, and moreover shall forfeit to-
the party aggrieved, twenty-five hundred dollars.

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

Eatified the 4th day of April, A. D. 1871.

18T0-'71.— Chaptek 222—223. 349

CHAPTEK CCXXII.

AN ACT m RELATION TO PUNISHMENT FOR ARSON AND BURGLARY.

Section 1. The Geneo^al AssemlliJ of North Carolina do Penalty for arson

... - or burglary,

enact, That any person convicted according to due course ot

law of the crime of arson or burglary, shall suffer death.

Sec. 2. That all laws or parts of laws enacted since the Rapeaiing^ clause.

adoption of the present state constitution fixing punishments

for arson and burglar)-, are hereby repealed, so far as the

same might apply to such crimes hereafter committed.

Sec. 3. That this act shall be in force from and after its When act to bejin

force,
ratification.

Katified the 4:th day of April, A. D. 1871.

CHAPTER CCXXIII.

AN ACT TO ESTABLISH THE BOUNDARY LINE BET^VEEN GRAN-
VILLE AND PERSON COUNTIES.

Section 1. The General Assembly of North Co/rolma do County surveyors
enact, That the board of county commissioners of Granville
and Person counties respectively, are hereby authorized and
required to cause the respective county surveyors of said
counties to meet and ascertain by proper surveys, so much of
the boundary line between said counties as runs between
Oak Hill township, in Granville county, and Holloway's
township, in Person county, and mark the same by some
line of objects.

Sec 2. The said surveyors shall, as soon as practicable, SurvoyorB' report*
after making said survey, report their proceedings to the
boards of the county commissioners of their respective
counties, and when said report and survey shall have been
received and confirmed by the board of county commissioners

350 187a-'71.— Chaptek 223— 22 i.

of tlieir counties respectively, then said line so marked by
Lawful bourid&jy. flftid surveyors shall be the lawful boundary line between

said counties.
Expense of sur- g ^^^ 3^ r^^ie expenses of said survey shall be paid equally

by said counties of Granville and Person.
When act to be in Sec. 4. This act shall be in force from and after its rati-

force.

ncation.

Katified the 4th day of April, A. D. 1871.

CHAPTER CCXXIV.

AN ACT TO LNOOKPORATE THE NAVAL EXTENSION RAILKOAD

COMPANY.

Secthon 1. TTie General Assemhly of North Carolina do
Locution of road, enact, That for the purpose of constructing a railroad of one
or more tracks from some point in Northampton county,
within tliree miles of the town of Weldon, through the
counties of Northampton and Bertie, to or near the mouth
of Salmon creek, in Bertie county, the formation of a cor-
Capitai sfeo^ porate company with a capital stock of one million of dol-
lars, with the privilege to increase the same to fifteen hundi-ed
thousand dollars, is hereby authorized to be called the Naval
Extension Railroad Company, and when formed in com-
pliance with the conditions hereinafter prescribed, it is to
Corporate rij^ta. have a corporate existence as a body politic in perpetuity,
and by said name may sue and be sued, plead and be im-
pleaded in every court in the state of North Carolina, and
may have and use a common seal, and shall be capable of
purchasing, holding, leasing and conveying estate, real, per-
sonal and mixed, and acquiring the same by gift or devise,
and said company may enjoy all the rights and immunities
which other corporate bodies may exercise, and make all
necessary by-laws and regulations not inconsistent with the

lS?0-'Tl.-<5iiAPTKB ^4,. 351

«3onstitution and laws of the state of North Carolina and the
United States.

Sec. 2, That the eaid company be and the same is hereby
autliorized to construct a railroad of one or more tracks from
and to the points aforesaid, on a line through said counties,
between said points, to be determined upon by the company
after its formation.

8ec. 3. That the capital stock of said company be created Subscription to

hy eubscription on the part of individuals, municipal and

other corporations, in the shares of the value of one hundred Shares.

^dollars each, which may be made in land, timber, work or

money, as may be stipulated.

Sec. 4. That books of subscription to the capital stock of Books of sub-
• J 1 1 1 1 ,> 1 1 . 1 scriplion.

«aid company may be opened by the following persons, who
Are hereby appointed commissioners for that purpose, to-wit :
W. W. Peebles, Samuel Calvert, Noah Odom, Wm. Grant,
JExlraund Jacobs, James T. Lambertson, Wm. J. Capehart,
Joseph II. Hardy, W. H. Powell, Thomas W. Thompson,
L. S. Webb, J. L. Mitchell, Dr. Wm. Sutton and B.. A.
C3apehart and D. G. Potts, whose duty it shall be to open or
direct to be opened, the said books of subscription, at such
tunes and places and under the direction of such persons or
A Tiiajority of them may deem proper, and that twenty days
notice of the opening of said books shall be given in ocm or
more newspapers of said state ; and furthermore, that such
commissioners or a majority of them, may at any time after
said books have been left open for the space of thirty days,
and the sum of twenty thousand dollar? has been subscribed
to the capital stock of said company, and five per cent, paid
thereon, have power to call together the subscribers to said Meeting of sub-
etock for the purpose of completing the organization of said
company, and the subscribers shall be and are hereby de-
clared incorporates! into a company by the name and style of Corporate name,
tlie '' Xaval Extension RaUroad Company."

Sec. 5. That said company may hold annual meetings of Annual meetings-
the stockholders, and oftener if necessary, and at its organi-
zation and its annual meetings subsequent thereto, seven
directors shall be elected by the stockholders, to hold office Directors.

352

1 870-' Yl.— Chapter 224:.

By-LawB.

Presideait.

Term of office.

for one year or until their successors shall be elected, and
any of said meetings shall have power to make or alter the
by-laws of the company ; Provided, That in all such meet-
ings of stockholders, a majority of all the stock subscribed
shall be represented either in person or by proxy, which
proxy shall be verified in the manner prescribed by the by-
laws of the company, and each share thus represented shall
be entitled to one vote on all questions; that it shall be the
duty of the directors to elect one of their number as presi-
dent of said company, and to fill all vacancies in the board ;
Provided, The president may be elected for any term of
years that may from time to time be prescribed in the by-
laws of the company.

Sec. 6. That after the company shall be organized as
aforesaid, the board of directors shall proceed to locate and
have construjcted, as speedily as possible, a railroad from and
to the points aforesaid, on the route they may find most
practicable, and to be fixed by them ; that the said company

Exclusive right of shall have the exclusive right of conveyance, of transporta-

conveyance. • <? ./ ^ i • a

tion of persons, goods, merchandize and produce on the said

railroad, to be by them constructed, at such charges as may

be fixed by a majority of its directors.

Seo. T. That all contracts made and entered into by the
president ot the company, with or without seal, shall be
binding on the company, and the president shall, upder the
direction of the board of directors, issue certificates of stock
to the stockholders, which shall be transferable by the by-
laws of the company.

Sec. 8. That the board of directors may call for the sum
subscribed as stock in said company in such instalments as
the interest of said company may in their opinion require ;
the call for each payment shall be published in one or more
newspapers in the state for one month before the day of
payment, and on the failure of any stockholder to pay the
instalment as thus required, the directors may sell at public
auction on a previous notice of ten days, for cash, all the
stock subscribed in the company by silch stockholders, and
convey the same to the purchaser at said sale ; and if the

Contracts.

Payment of Bub-
scriptiona.

ISTO-'Tl.— Chapter 22-i. 35a i

id sale of stock does not produce a sum sufficient to pay off :
16 incidental expense of the sale and the entire amount

n-ing by such stockholders in the company for such sub- j

ripSon stock, then and in that case the whole of such \

ilance shall be held as due at and to the company, and may |

3 recovered of such stockholder, or his executors, adminia- j

■ators or assigns, at the suit of said company, either by sum- \

lary motion in the superior court in the county where the ,

elinquent resides, on previous notice of ten days to said |

ibscribers, or by the action of assumpsit in any^ court of |

^mpetent jurisdiction, or by warrant before the justice of j

18 peace where the deinand does not exceed two hundred !

ollars, and in all cases of assignment of stock before the •

rhole amount has been paid to the company, then for |

11 sums due on such, both the original subscribers and the ^

irst and all subsequent assignees shall be liable to the com- '
►any, and the same may b^ recovered as above described.

Sfx). 9. That the said company shall issue certificates of Cei^flcateeof

tock to its members, and such stock may be transferred in i
uch manner and form as may be directed by the by-laws ot

he company. ^ ]

Sec 10. That the said company shall have power of using section of road i

1 1 .1 1 X j-i ^ may be used. ]

.ny section of said road constructed by them before the ;

;5rhole of said road shall be completed, and may charge for |

ransportation thereon. _ j

Sec. 11. That it may and shall be lawful for the said g™P^°y^™^y j

•ailroad company to make and issue bonds to an amount not |

x> exceed five hundred thousand dollars, to be signed by the 1

president of said company, under the common seal of the !
same, in sums of one thousand dollars each, bearing interest

at the rate of eight per cent, per annum, to be paid annually, i

in the city of New York or elsewhere, at their option, and .

redeemable in one thousand nine hundred and ten, or at a I

earher, at the option of the said railroad company. ]

Sec. 12. That to secure the faithful payment of the said '

bonds, it shall and may be lawful for the president and di- ,

rectors of the said railroad company to make, execute and j

jdeliver to such persons in the city of New York or any ]

354

1870-71.— Chapter 224.

Deed of trust or
mortgage on road

LimitatiOD of
charter.

Municipal sub-
-ecription.

Municipal sub-
scription to be
submitted to

voters.

otlier city, as the said company may select or appoint, a deed'
of trust or mortgage under the common seal ot said coiri^
pany, wherein shall be conveyed to the person thus appointed
trustee, the road property, income and iranchise of said coml
pany, acquired or to be acquired, conditioned for the pay-
ment of the interest and final redemption of said bonds.

Sec. 13. That all the work hereby required shall be exe,
cuted with due diligence, and if it be not commenced within
two years after the ratification of this act, then this charter
shall be void.

Sec. 14. That it shall and may be lawful for an incor-,
porated city or town or any county in or near which sail
railroad may be constructed, to subscribe for such amount o^
stock in said company as they or either of them shall ^
authorized, to do by the inhabitants of said city or town ot
citizen of such county, in manner and form as hereinafter
provided. '«!

Sec. 15. That the corporate authorities of such city ofl
town are authorized to make an order requiring the constablej
of such city or town, or any offioers of their own body, at!
their option, at such times and on such notice as they shalf
direct, to open a poll and take the sense of the voters oi")
such city or town qualified to vote for city or town officera^
whether the corporate authorities of such city or town shail
subscribe to the stock of said company for such sura sa
the order shall propose, and the officers superintending such"
election shall make return of the number voting for an?
against it to the corporate authorities of said city or town or
the presiding officer thereof; that upon the return of sail
superintendent of election it shall appear that a majority of
votes are in favor of the subscription, then the corporate
authorities of such city or town shall make the subscriplton
for such city or town, the subscription to be paid for in bonds
of said city or town, or in each, as the authorities may elect,^
and upon such terms as may bfe agreed upon by the said au-
thorities and parties with whom they may negotiate ; and the
^id corporate authorities shall order their presiding officer'
•to issue city or town bonds payable to said company, of bonds

1870-71.— Chapter 224. 355" I

f not less than five hnndred dollars each, payable at such [

imes and places as said corporate authorities shall direct, and

^e said corporate authorities are hereby vested ^vith full j

ower to raise money by taxation to meet any quota of their

nbscription, or any instalments that may be due, and an- ^

inally on the persons, land and other property within their !

ity or town, provided for the payment of the principal and j

nterest of the bonds so issued. j

Sec. 16. That the county commissioners of any county in County Bubscrip- I

v near which said railroad may be co.nstructed, a majority \

rf said commissioners concurring, are authorized to make an i

irder requiring the sheriff of such county, at such time and i

HI such notice as they shall direct, to open a poll and take i

Ihe sense of the voters of such county qualified to vote tor ■

members of the general assembly, whether tJi^ said county j

X)ramissionerB shall subscribe to the stock "o^f said company j

for such sum as the order shall propose, and the sherifi" shall Qnestion to be -,

. „ , . . , eubmitted to

make return of the number votmg for and agamst it, to the voters.

said county commissioners. ]

Sec. 17. That upon the return of such she^ift' it shall j

appear that a majority of the votes cast are in favor cf the i

fubscription, tlien the said county commiesioners shall appoint

their chairman to make the subscription in behalf of said

county, the subscription to be paid for in bonds of the said

county, or in cash, as the county commissioners may electa !

upon such terms as may be agreed upon by the parties with ■

whom they may negotiate ; and the said county commis- j

sioners shall order their chairman to issue county bonds> I

payable to said company in sums of not less than five hun- '

dred dollars each, payable at such times and places as a

majority of said county commissioners shall direct, and the

said county commissioners are hereby vested with full power

and authority to raise mone}' by taxation to meet any quota 1

or instalment tliat may be due upon their subscription, or \

afinuallj upon the persons, land and other property within

th»ir county, to provide for the payment of the principal i

and interest of the bonds so issued ; said bonds shall have ,

coopons attached, and shall bear not less than six nor more ■

356

1870-'71.— Chapter 224.

Company may
farm out its
rights.

than ten per cent interest, which interest shall be payabl
semi-annually, on first day of January, and first day of Jul
in each year.

Division of profits Sec. 18. That the profits of the company, or so muc^
thereof as the board of directors may deem advisable, shallj
when the affairs of the company will permit, be annua
or semi-annually divided among the stockholders in prop
tion to the stock each may own.

Notice of process. Sec. 19. That notice of process upon the president or any ^
of the directors thereof, shall be deemed and taken to be due |
and lawful notice of service of process upon the company
Sec. 20. That the said company may, when they see
farm out their right of transportation over the said railroa
subject to the rules above named, and said company a
every person who may have received from them the rig]
of transportation of goods, wares and produce, on the s
railroad, shall be deemed and taken to be a common carrii
as respects all goods, wares and produce and merchandi
entrusted to them for transportation.

Sec. 21. That the said company shall have the same poweJ
to use and enforce the payments of stock subscribed, as waj
heretofore granted to the Atlantic and North Carolina Rai
road Company, by the charter of incorporation, and sh
have power to condemn land for the use of the compan;
when a contract for purchase cannot be made with tlai
owners thereof to the same extent and in the same manne;
and under the same rules, regulations and restrictions as t]
Atlantic and North Ca;'olina Railroad Company was auth
ized to do by the act of incorporation.

Sec. 22. This act shall take effect from and after its ra
cation.

Eatified the 4:th day of April, A. D. 1871.

Additional pow-
ers of company

When act to take
^ect.

1870-'71.— Chapter 225—226. ^^'^

CHAPTER CCXXV.

AN ACT TO SECUKE PROPER RETURNS BY SHERIFFS AND TAX
COLLECTORS OF UNLISTED TAXES.

Section 1. The General AssemUy of North Carolina do ^^^,^f-
enact That each sheriff and tax collector in the state shall taxes received,
make' out, within the first ten days of every month, a true
and correct statement of all taxes received during the pre-
ceding month under Schedule "B" of the revenue act, rati-
fied the day of April, one thousand eight hundred and

seventy-one, and shall qualify to the truth of tliesaid return
within the said ten days, before the clerk of the superior
court of his county, and the said clerk shall keep the said
statement and forward a copy of the same to the auditor,
and also post a copy of said statement at the court house
door for at least ten days.

Sec. 2. Any sheriff or tax collector failing to make such Penalty for faUnre
statement shall be deemed guilty of a misdemeanor, and
upon conviction, fined not less than one hundred dollars,
and any sheriff or tax collector making a false return shall
be deemed guilty of perjury.

Sec. 3. This act shall be in force from and after its rati- When act to be in

fication.

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

CHAPTER CCXXVI. ;

AN ACT TO authorize THE COUNTY COMMISSIONERS TO LEVY j

A SPECIAL TAX IN ALEXANDER COUNTY. ^

Section 1. The General AssemUy of Nmth Carolhm do Objcctiof epcciai
enact, That the county commissioners of Alexander county

be and they arc hereby authorized to levy a special tax for i

the payment of the county indebtedness and for other pur- j

858 1??»-^1.-^HAPTEE 22e— 227i

po^«S, 4std tax to be levied, collected and accounted for as other
taxes are, and to be paid over to the county treasurer to b&
disposed ot as the commissioners may direct, said tax to be
collected and accounted for under the same penalties as taxes-
lor state and county purposes, said taxes shall not exceed the
Amount. gum of three thousand dollars, and may be levied at such

time as said commiesionerd may deem proper ; Provided^.
neoerthele-8Sy Tliat this levy shall conform to the constitu-
tional equation in reterence to poll and real estate taxation ;

Act to be submit- Pnymded. further. That this act shall have no force or effect
ted to voters. ...

until it shall be submitted to and ratified by the quaKfied

voters of the county.

"Whca act to be in Sbc. 2. This act shall be in force from and after its rali-
ferce. . ,

fication.

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

CHAPTER CCXXYII.

AST ACT TO JtAIgB KEVEJfrE.

Sectiow 1. Tfie General Aesembly of North Carolina d»
«ina>ci, That the taxes hereinafter designated, payable in the
existing national currency, shall be assessed and collected
/ under the rules and regulations prescribed by law.

Poll tax. Sbc. 2. On each taxable poll or male between the ages of

twenty-one and fifty, except such poor and infirm persons as-
the county commissioners may declare and record fit mh-
jects for exemption, there shall be annually levied and col-
lected a tax of ninety eent«, t-he proceeds of such tax to lie
devoted to purposes of education as may be prescribed by
lav. If 9tnj poll tax i^all oot be paid within sixty daj«
after the same shall be denwuidable, it shall be the duty irf
the sheriff, if he can find no property of the person liable
sufficient to satisfy the same, to garnishee any person m-
debtsd to the person liable, or who may become indebted to

1870- 71.— Chapter 227. 35^ !

liim before the expiration of the calendar year, and the per- '

son so garnisheed shall be liable for said tax.

Sec. 3. The taxes hereinafter designated shall be applied Objects of tasa-
to defray the expenses ot the state government and to pay " i|

appropriations for charitable and penal institutions. j

(

Class 1. \

1
Sec. 1. There shall be an ad valorem tax of twenty-two Asylum tax. |
cents for the general fund, and eight cents for the insane ;
asylum and the institution for the deaf, dumb and blind, on i
every one hundred dollars in value ot real and personal
property in the state, subject to exemptions made by law in-
cluding moneys, credits, bonds, stocks, (fee. ; Provided, That j
all the taxes for ordinary state and county purposes, imposed \
upon all real and personal property shall in no case exceed I
two-thirds of one per cent. j
Sec. 2. A special tax of one-tenth of one per cent, shall Deficiency tax. '
be levied in addition to the ordinary tax provided for in this
act on all taxable property to meet an existing deficiency in ^
the treasury.

Sec. 3. A special tax ot twelve cents on the one hundred Penitentiary,
dollars shall be levied and collected on all the taxable pro- \
perty of the state, to be applied to the erection of the peni-
tentiary and support of the convicts. '

Class 2. '<

The subjects and persons mentioned in the following class
shall be taxed as specially mentioned :

Section 1. On the net incomes and profits other than that income* and
derived from property taxed from any source whatever, ^^°
during the year preceding the first day at April in each ;

year, there shall be a tax of one per cent. The income tax
shall include interest on the securities of the United States,
of this state, or other state or government. In estimating :

the net income, the only deduction by way of expense
shall be : '.

21 !

360 1870-'71.— Chaptek 227.

1. Taxes other than the income due this state.
Deductions. 2. Rent for use of buildings or other property or interest

on encumbrances on property used in the business from
which the income is derived.

3. Usual or ordinary repairs of the buildings from which
the income is derived.

4. Cost or value of the labor, (except that of the tax
payer himself,) raw material, food and other necessary ex-
penses incidental to the business from which the income is
derived, together with the necessary expenses ol supporting
the family, which shall in no ^instance exceed one thousand
dollars.

The tax payer shall return to the assessor the gross amount

of his income and the gross ai^iount of his expenses to be

deducted therefrom, which return the assessor shall file in

the office of clerk of the county commissioners.

Reaijand personal Sec. 2. Upon all real and personal estate, whether le^al
estate. , ' , '■ ^

Oi' equitable, situated within the state, which shall descend

or be devised or bequeathed to any collateral relation or
person, other than a lineal descendant or ancestor of the
husband or wife of the deceased, or husband or wife of such
ancestor or descendant, or to which such collateral relations
may become entitled under the few for the distribution of
the intestate estates, and M'hich real and personal estate may
not be acquired in payment of debts and other liabilities,
the following per centum tax upon the value thereof shall
be paid :
Collaterals^ 1. If such collateral relation be a brother or sister of the

father or mother of the deceased, or issue of such brother or
sister, a tax of one per cent.

2. If such collateral relation be a more remote relation or
the devisee or legatee be a stranger, a tax of two and a half
per cent. The real estate liable to taxation shall be listed
by the devisee or heir in a separate column, designating its
proper per cent. tax. The personal estates or real estate re-
duced to assets, shall be liable to the tax in the hands of the
executor or administrator, and shall be paid by him before
his administration account is audited or the real estate is

1870-71.— Chapter 227. 361 ;

settled to the sheriff of tlie county. If the real estate de- •

scended or devised shall not be the entire inheritance, the , j

heir or devisee shall pay a i^ro rata part of the tax, corres- :
jionding with the relative value of the estate or interest.

If the legacy or distributive share to be received shall not j

be the entire property, such a legatee or distributee, shall in ,
like manner, pay a j;>;'6> rata part of the tax according to the
value of his or her interest. Whenever the personal pro- %

pert}' in the hands of such administrator or executor (the ^

same not being needed to be converted into money, in the i

course of the administration) shall be of uncertain value, he i

shall apply to the county commissioners to appoint three j
impartial men of probity to assess the value thereof, and

such assessment being returned to the commissionei'S and \

being confirmed shall be conclusive of the value. 1

To facilitate the collection of tax on collaterals, every exec- Duty of execu- -
utor or administrator shall return in his inventory, whether '

the estate of the deceased goes to the lineal or collateral re • ;

lations or to a stranger, and if to collaterals, the degree of .!

relationship of such collateral to the deceased, under a pen- *:
alty of one hundred dollars, to be recovered in the name and

for the use of the state ; and it shall be the duty of the su- '
perior court clerk of the county to furnish the sheriff with ■ '
filenames of the executors and the administrators who make

such returns, after each and every term of his court. ;

Schedule B. \

The taxes in this schedule imposed are license tax for the ;

privilege of carrying on the business or doing the act named ; J

and nothing in this schedule contained shall be construed to j

relieve any person from the payment of the ad valorem tax ;
on his property as required by the preceding schedule, and

no county shall levy any greater tax than levied by the '
estate for the privileges herein taxed.

Sectkjn 1. Traveling theatrical companies shall pa}' ten Theatres. i
dollars for the first, and five dollars for each subsequent ex-
hibition. When the theatrical exhibitions are by the season I

362

1870-'71.— Chapter 227.

Ck>Beftrts.

Maseams.

Cireuses.

Itinerants.

Gift enterprises.

B: . agents.
Bi ii ard saloons.

Bow : ng AUej.

of not less than one month, the tax shall be filty dollars per
month.

Sec. 2. On each concert and musical entertainment for
profit ahall be paid five dollars ; on each lecture for reward,
five dollars.

Six;. 3. On museums, wax-works or curiosities of any
kind, natural or artificial (except paintings and statuary) on
each day's and night's exhibiting, shall be paid five dollars.

Sec. 4. On every exhibition of a circus or menagarie, for
each day or part of a day, forty dollai-s, and for each side-
show to a circus or menagerie, ten dollars.

Sec. 5. On all itinerant companies or persons, who exhibit
for amusement of the public, otherwise than is mentioned
in the four preceding sections, five dollars for each exhi-
bition. Exhibitions given without charge for admission,
and also those exclusively for charitable objects, shall be
exempt.

Seq. 6. On all gift enterprises, or any person or establish-
ment oflfering any article for sale, and proposing to present
purchasers with any gift or prize as an inducement to pur-
chase, one per cent, upon the gross receipts. And on any
lottery, whether known as a beneficial association or other-
wise, ten dollars on each drawing, and also five per cent, on
gross receipts, to be collected monthly. This tax shall not
be construed as a license, or to relieve such persons or estab-
lishments from any penalties incurred by a violation of the
law.

Sec. 7. Every agenc}' of a bank, incorporated out of the
state, fifty dollars.

Sec. 8. The tax on billiard saloons shall be twenty dollars
on each table. Every place where a billiard table is kept
for hire shall be considered a billiard saloon within the
meaning of this act.

Sec. 9. On every bowling alley, or alley of like kind, or
bowling saloon, bagatelle table, or any other table, stand or
place for any other game or play, with or without a name,
unless such alley, stand, place or game is kept for private

1870-^71.— Chapteb 227. 3^ I

amusement or exercise alone, and not prohibited by law, i

there shall be a license tax of twenty dollars. I

Sec. 10. Every dealer in spirituous, vinous liquors, porter, Liquor dealers. I

lager beer, or otlier malt liquors, shall pay a tax ol five per I

•cent, on the amount of purchases, and twenty-five cents per '

gallon on all spirituous and vinous liquors purchased out of '

the state. ]

Sec. 11. Every licensed retailer of spirituous liquors. Retailers. i

"wiues or cordials, twenty-five dollars for one year. Every j

retailer of malt liquors only, shall pay fifteen dollars. The !

tax in this section shall be in addition to the tax imposed on i

purchases of liquors in this schedule, and every person who i

buys and sells such liquors in quantities less than one quart 1
«hall, within the meaning of this act, be a retail dealer.

Sec. 12. Every person distilling spirituous liquors shall DistillerB. i

pay a tax of two and a half per cent, on the cash value of ■

the liquors distilled from grain, potatoes, molasses and sugar \

■cane. I

Sec. 13. Every merchant, jeweler, grocer, druggist, pro- Merchants, &c. I

'duce dealer and every other trader, who as principal or i

agent, carries on the business of buying or selling goods, wares '■

or merchandise of whatever name or description, one-eighth :
of one per cent, on the total amount of his purchases in or

out of the state for cash or on credit ; Provided, That no Provieo. j

retail merchant shall be required to pay any tax on any pur- j

chase made from wholesale merchants residing in the state ; " '

And, jyrovided further, That the tax on purchases of articles, Provieo; J

the growth or manufacture of this state, shall be only one- j

twentieth of one per cent, except as provided in section ten. !
It sliall be the duty of the sheriff to demand that every mer-
chant, liquor seller, trader, auctioneer, commission merchant,
or other person required to list his purchases, who may do
business in his county, shall pay taxes on the same as the

law requires, said taxes to be collected by the sheriff on the I

first days of January, April, J uly and October, in each year, :
on the purchases for the preceding quarter. The sherifi" shall

have power to require the merchant making such statement |

to submit his books to examination by the sheriff, and every ]!

364

1870-71.— Chapter 227.

Hotels, &c

Femes, bridges,

Riding vehicles.

Auctioneers.

merchant refusing on demand to submit his books to such
examination, shall be liable to a penalty to the state of two
hundred dollars, to be prosecuted by the sheriff and recov-
ered in any court having j urisdiction of the case. It shall
further be the duty ot the sheriff to bring suit against every
merchant refusing as aforesaid, in the superior court of the
county, as may be prescribed for special proceedings, to the
end of obtaining such examination and compelling payment
of the proper tax.

Sec. 14. On the gross receipts of hotels, boarding houses,
(except those used tor educational purposes and as private,
boarding houses,) restaurants and eating houses, the tax shall
be one per cent.

Sec. 15. The tax on public ferries, toll bridges, and across
highways, one per cent, on net receipts.

Sec. 16. Every money or exchange, bond or note broker,
private banker, or agent of a foreign broker or banker, in
addition to the ad valorem tax on their capital invested, or
the tax on their net income, shall pay, if employing a
capital of twenty thousand dollars, a license tax of one
hundred dollars ; if a capital of less than twent}' thousand
dollars, and not less than ten thousand dollars, fifty dollars;
and if a capital of ten thousand dollars or less, a tax of
twenty-five dollars ; and also ten dollars additional for each
county in which they have an agency.

Sec. 17. Every person who, for himself or as agent for
another, sells riding vehicles not manufactured within the
state, shall pay two per cent, on his sales.

Sec. 18. Every auctioneer on all goods, wares or merchan-
dize, sold by himself or agent, whether by ascending or
descending bid, or at public outcry, whether the growth or
manufacture of this state or not, shall pay one per cent, on
the gross amount of his sales, subject to all the regulations
and exemptions set forth in the tenth chapter of the revised
code, entitled " Auctions and Auctioneers ;" but this shall
not apply to tobacco warehousemen who shall pay a license
tax of thirty-five dollars a year.

1S70-'71.— Chapter 227. 365 ;

Sec. 19. EveiT commission merchant shall pay a tax of CommissioB mer-

. . chante.
one-eighth of one per cent, on his sales as commission mer-
chant; Proiyided^ That -svhen spirituous, vinous, or malt J
liquors are sold by commission merchants, they shall pay a j
tax of 1 w) and a half per cent, on their sales of such liquors. \

Sec. 2'"i. Every person whose occupation or business is Ridinglveliicles. *

to keej) horses or vehicles for hire, or to let, shall pay a tax \

of two dollars tor every horse for that purpose, at any time |

during the ycur, to be collected by the sheriff quarterly; \

Provided, Thnt this section shall not apply to draymen. i

Sec. 21. Every itinerant dentist, .medical practitioner, p^^^*^®°' I
portrait or miniature painter, daguerrean artist and other per- '
sons taking likenesses of the human face, ten dollars for each j
county in which he carries on his business ; Provided^ That i
such person as shall furnish satisfactory evidence to tlie |
sheriff of the county in which he proposes to practice, that \
he is a resident of the state, and has listed his income as re-
quired by law, shall be exempt from the tax imposed in this \
paragraph. !

Sec. 22. Every person that peddles goods, wares or mer- Peddlers, j

chandize, either by land or water, or any drugs, nostrums \

or medicines, whether such person shall travel on foot or \

with a conveyance or otherwise, shall have obtained from !

the commissioners an order to the sheriff to grant him ped- J

ler's license, to expire at the end of six months from its date, j

and the sheriff, on production of a copy of such order certi '

fied by the clerk of said commissioners, shall grant such ]

license for his county on the receipt of ten dollare tax, to- '-

■u-it : Ist, That not more than one person shall peddle under ;

the license. 2d, That every person who temporarily carries '

on a business as merchant in any public place and then '

removes his goods, shall be deemed a peddler. 3d, That \

nothing in this section contained shall prevent any person !

freely selling live stock, vegetables, fruit, oysters, fish, books, I
charts, ma})S, printed music, or the articles of his own growth

or manufacture within this state. 4th, That nothing herein (
contained shall release peddlers from paying the tax imposed

in this act, on persons who deal in the same species of '

866

18r(>-'71.— Chapiek 227.

Lightning rod
men.

Itinerant liquor
dealers.

Gipsies, &c.

Drummers.

Bankers.

merchandize, which tax shall be collected or received in
the same manner as in the case of other merchants and
traders.

Sec. 23. Every itinerant who deals in or puts np light-
ning rods, five dollars for each county in which he carries
on business.

Sec. 24. Every itinerant who sells spirituous liquors,
wines or cordials, not the product of his own farm, shall
pay twenty-five dollars tor every county and be under
the same rules and restrictions as peddlers, except that an
order from the commissioners shall not be required for a
license.

Sec. 25. Every compaiiy of gipsies or strolling company
of persons who make a support by pretending to tell for-
tunes or begging, fifty dollars in each county in which they
offer to practice any of their craft, recoverable out of any
property belonging to any one of the company, but nothing
herein contained shall be so construed as to exempt them
from indictment or penalties imposed by law.

Sec. 26. Every non-resident or drummer, or agent of a
non-resident, who shall sell any spirituous, vinous, or malt
liquors, goods, wares or merchandize, by sample or other-
wise, whether delivered or to be delivered, shall, before
making any such sale, obtain a license to sell one year from
the public treasurer, by paying said treasurer an annual tax
of fifty dollars, but shall not be liable to be taxed in any
county because of his sales. Any person violating the pro-
visions of this paragraph shall be deemed guilty of a petty
misdemeanor, and upon conviction before any magistrate,
shall be fined not exceeding fifty dollars or imprisoned not
exceeding one month, and shall forfeit and pay besides two
hundred dollars to the sheriff, to be collected by distress or
ocherwise, one-half of which shall be accounted for as other
taxes, the other halt to the use of the informer and the sherifi^'
equall3\

Sec. 27. The chief officers of banks, including saving's
banks and private bankers, shall, in April and October of
each year, certify on oath the amount of dividends or profits

1S70-'71.— Chapter 227. 367 ]

which have been earned, and shall pay on such dividends
live per cent. ; and such insurance companies as are incor-
porated by this state sliall, in April and October ol each ]
year, certify on oath the amount of dividends and profits
which have been earned, and shall pay on such dividends ,
two per cent. On failure to comply with the provision of ;
this section, said banks, companies or persons sliall pay as ;
taxes one thousand dollars, to be collected by the sheriif by j
distress or otherwise. J

Sec. 2S. Every insurance company not incorporated in Insurance compa-
this state, doing business therein, shall pay an annual tax of

one per cent, to the treasurer of the state, upon the gross i!

receipts derived from the premiuius charged fur insurance J

obtained therein, unless the company shall exhibit to the \
governor, auditor and treasurer, a sworn statement ot inveot-
meuts in real property situate in this state, or loans secured
by mortgage to citizens of the state of an amount equal to

one-half of such gross receipts, when the tax shall be one-half <

ot one per cent., said tax to be paid quarterly, viz : on the !

first days of April, July, October and January in each year. ;

Each general agent shall be required, on the above named ■

days, to make a statement to the treasurer, under oath, that <

the amount by him returned is a full and correct statement !

of such quarter. On failure to comply with the provisions i

ot this section, every such company shall pay as a tax two |
thousand dollars, and the principal agent shall be liable
therefor. Every such company shall be required to appoint

a general agent, who shall obtain a license from the state ,

treasurer before transacting any business therein, and before J

such license is granted, the applicant shall sliow to the 1

treasurer his appointment as general agent, under seal of the \

company, and thereupon the license shall be granted by the I

payment of one hundred dollars, and such license shall be j

renewed annually by the payment of said sum. And it <

shall be the duty of said general agent to furnish each of his |
sub-agents with a commission authorizing him to do busi-
ness. And any one found soliciting insurance without
such commission, shall be deemed guilty of a misdemeanor

368

1870-'71.— Chaptek 227.

and be fined not less than one thousand dollars or im-
prisoned not less than ninety days. The agent effecting
insurance shall, on the first days of April, Jnly, October
and January, make returns to the sheriif of the county
in which the insurance is eflfected, of all the business done
by him during the preceding quarter in said county, and
shall pa}^ to him the county tax assessed on such busines ;
the general agent shall also, on the first days of April,
July, October and Januarj^ make return to the sherifl'
of each county of the amount of gross receipts for pre-
miums received from such county for such quarter. It
shall further be required of the general agent or his
local agent, to pay to the sherift" of each county the county
tax assessed upon the gross receipts of premiums col-
lected in such county, at the time and in the manner as
required by the state, and no municipal corporation shall be

Proviso. allowed to add any additional tax ; Provided, That no county

or corporation shall be allowed to tax insurance agents for
license. On failure to make returns, or to pay aforesaid,
said agent shall pay twenty-five dollars for each policy
effected or negotiated by him in such county.

Traders' license. Sec. 29. No person shall follow any of the trades or pro-
fessions taxed by this act, or in any other act, imposing taxes
on trades, and professions and franchises, M'ithout first obtain-
ing a license from the sheriff of the county in which the trade
or the professions is to be followed, or the franchises en-
joyed. Such license shall give to the person obtaining it
the right to practice the trade or profession, or to enjo}^ the
franchise therein specified, in the county of the sheriff' by
whom it is issued, and in no other, unless the law imposing
the tax shall otherwise direct, from its date to the following
first day of April ; Provided, That nothing in this section
shall apply to licensed practicing physicians, lawyers or den-
tists.

Sec. 30. The form of the license shall be in substance as
follows :

Form of license. Keceived this .... day of

IS. ., of ,. . dollars

1S70-' 71. —Chapter 227. S69-

of whicli dollars is the tax to the state of North Caro-
lina, and dollars is the tax to the county of , for

his license to practice the trade (or profession) of until

the first day of April next.
(Signed.)

A.... B ,

Sheriff of eo\ini>j.

(Countersigned.)

C... D ,

ReghUr of Deeds for county.

Sec. 31. The amount of tax to be paid on obtaining the
license to practice any trade or profession which is taxed by
a certain sum, shall be in proportion to the tax imposed for
the whole year.

Sec. 32. Any person proposing to follow any taxed trade
or profession may take out a license in advance of the time
when he proposes to begin such trade or profession, in ad-
vance of the expiration of a license already held by him. In
such case the license shall be truly stated, and shall specify
the time at which it shall begin to be in force, as well as the
time when it shall expire, which shall always be on the first
day of January, April, July or October.

Sec. 33. No license issued by the sheriff shall be valid
until the same shall have been exhibited to and counter-
signed by the register of deeds of the county, who shall re-
ceive for the services imposed on him by this act in refer-
ence to licenses, a fee of twenty-five cents from every per-
son licensed.

Sec. 34. The register of deeds shall keep a book, in ^^•hich Dug^of Registi*
he shall record the name of the person licensed, tlie trade
or profession to be followed, or the franchise to be enjoyed,
the date at which it begins to run and the amount of the
tax, and he shall, on the third Monday in January,. April,
July and Octol)er, send a certified copy of such record, for
the quarter last preceding, to the auditor of the state, who
shall charge the sherifi" with the amount so appearing due.
If any register shall fail to perform the duty hereby imposed

^70

1870-'71.— Chapter 227.

on liim, he shall forfeit to the state a penalty of two hundred
dollars, to be recovered of him and the sureties to his official
bond, on motion in the superior court for the county of
Wake; and on such motion, a certified copy of his official
bond and a certificate of the auditor of the state, setting forth
his failures to make the required return, shall heprimaj-aoie
evidence entitling the state to judgment in the absence of
any sufficient defence.

Sec. 35. Every person who shall practice any trade or
profession, or use any franchise taxed by the law of North
Carolina, without first having paid the tax and obtained a
license as herein required, shall be deemed guilty of a mis-
demeanor, and shall also forfeit and pay to the state a pen-
alty not to exceed twenty dollars, at the discretion of the
court, and in default of the payment of such fine, he may
be imprisoned for not more than one month, at the discre-
tion of the court, for every day on which he shall practice
such trade or profession, or use such franchise ; M'hich pen-
alty the sheriff of the county in which it is incurred shall
cause to be recovered before any justice of the peace of the
county.
Duty of sherifl8. Sec. 36. The sheriff shall immediately report to the reg-
ister of deeds all sun:s recovered by him as penalties under
this act, and the register shall add three-fourths of each
penalty recovered to the record of licenses required to be
kept by him ; the other fourth the sheriff may retain.

Penalty for faU-
ing to take out
license.

Schedule C.

Express oompa-
iiies.

The taxes embraced in Schedule C, shall be listed and
paid as especially therein directed, and shall be for the priv-
ilege of carrying on the business or performing the act
named :

Section 1. Every express company shall make i-eturn to
the public treasurer on or before tiie first Monday in Janu-
ary, April, July and October of each year, of the entire gross
earnings and receipts of such company within the state of
North Carolina during the three months next preceding.

1870-'71.— Chai>ter 227. 371

The said report shall be veritiedby the oath of the chief
officer or agent of the company at its principal office in the
state. The said company shall, on or before the third
Monday of each of the said months, pay on the gross receipts
two per cent, for each three months, and for failure to make
such report, or pay such tax, the company shall pay as taxes
two thousand dollars, to be collected by such sheriff as the
public treasurer may designate, by distress or otherwise.

Sec. 2. Every telegraph company doing business in this Jgg'''»r^ c«°^P*^
state shall, at the times and in the manner prescribed in the
preceding section, make report of the entire receipts of said
company within this state, and pay to the public treasurer
two per cent, for each three months, and in case of default
of such report or payment, the company shall pay as tax one
thousand dollars, to be collected by such sheriff as the pub-
he treasurer shall designate, by distress or otherwise.

Sec. 3. Whenever the seal of the state or of the treasury Seals and scrolls,
department, ot a notary public, or other pubhc officer, except
clerks of the supreme and superior courts, required by law
to keep a seal, shall be affixed to any paper except as herein-
after is excepted, the tax shall be as follows, to be paid by
the party applying for the same : For the. seal of the state,
one dollar, to be collected and paid in the treasury by the
private secretary of the governor ; for the seal of the state
department, fifty cents, to be collected by the secretary of
state and paid by him into the treasury ; for the seal of the
public treasurer, to be collected by him and accounted for
as other public moneys, fifty cents ; for the seal of the
supreme court, fifty cents, to be collected by the clerk and
paid by him into the treasury ; and for the seal of a notary
public or other public officer, twenty-five cents, to be col-
lected and paid over by the officers collecting the same, to
the sherifi' of the county where such seal is kept. Said
officers shall keep an account of the number of times their
seals may be used, and shall deliver to the proper olKcer a
sworn statement thereof Whenever a scroll is used in the
absence of a seal by any ot said officers, the said tax shall be
on scroll, seals affixed fur the use of any county or state or

^372

1870-'71.— CuAPTER 227.

Marriage license.

■Charters of incor-
j[)oratiou.

other government, or nsccl on the commissions of officers in
the militia, justices of the peace, or any public officer not
having a salary or under the pension law, or upon any pro-
cess of a court, shall be exempt from taxation. The officers
collecting the seal taxes may retain, as compensation, five
per cent. Any person receiving taxes under this section
and wilfully refusing or neglecting to pay the same as
required, shall be guilty of embezzlement, and on conviction,
shall be lined not more than five hundred dollars or impris-
oned in the state's prison at the discretion of the court.

Sec. 4. On each marriage license, fifty cents, and on each
mortgage deed, marriage contract, and deed in trust to secure
creditors, there shall be a tax of one dollar. On every other
deed conveying, or contracting to convey title to real
estate, and on all other instruments admitted to regis-
tration, where the consideration exceeds three hundred
dollars and in less than one thousand, fifty cents, and
twenty-five cents in addition for every additional one thou-
sand dollars. "Where any of the foregoing instruments are
proved before the clerk of the superior court, he shall be
charged with the collection of the tax as heretofore. When
probate is otherwise made, the register shall collect and pay
the same, less five cent, commissions to the sheriff, rendering
a sworn statement of the number and character of the in-
struments admitted to registration and the taxes due thereon,
which the sheriff shall file with the clerk of the superior
court as directed by law.

Sec. 5. On every charter of incorporation of any com-
pany granted by the general assembly, other than those for
charity, benevolence or literature, where the corporation
had power to become incorporate under the provisions of
any general law, and on any amendment of every such
charter, whether originally granted by the general assembly
or secured by letters patent or otherwise, there shall be a
tax of twenty-five dollars paid directly to the public treasurer.
No company shall be organized under such special act ot
incorporation, or derive benefit from any act to amend their
charter, without first obtaining a certified copy of such act

1S70-'71.— Chapter 227—228. 373

from the secretary of state, which shall not be furnished
until the treasurer's receipt for said tax shall be liled in the
office of the said secretary.

Sec. 6. Whenever any officer receives or collects a line, Fines,

penalty or forfeiture in behalf of the state, he shall, within j

ten days after such reception or collection, pay over and I

account for the same to the clerk of the superior court, who i

shall forward such fine, penalty, or forfeiture to the treasurer j

of the board of education for the hcnelit of the fund for com- ^

mon schools. ■

Sec. 7. Any officer convicted of violating the preceding Penalty. ^

section, shall be guilt}^ of embezzlement, and may be pun- !

ished not exceeding five years in the state prison, at the dis- \

cretion of the court. ;

Sec. 8. All laws imposing taxes, the subjects of which are Repealing clause. \

revised in this act, are hereby repealed ; Provided^ That this \

repeal shall not extend to the provisions of any law, so far as

they relate to the taxes listed, or which ought to have Ijeen

listed, or which may be due previous to the ratification of I

this act. '

Sec. 9. This act shall be in force from and after its ratifi- When act to be in
,. force.

eation.

Eatified the 4th day of April, A. D. 1871. ;

CHAPTER CCXXVIII. ]

AN ACT IN RELATION TO THE INSANE ASYLUM OF NORTH ■

CAROLINA. "'

Section 1. The Gmieral Asiseinlly of Nortlt Carolina do Repeal of act of
enact. That so much of the act of the general assembly of '^'*'
one thousand eight hundred and sixty-eight and one thou-
sand eight hundred and sixty -nine, entitled an act in relation j
to the lunatic asylum, ratified March ninth, one thousand ■
eight hundred and sixty-nine, and of all other acts in relation i

374

1870-'71.— Chapter 228.

Law of 1859 re-
enacted.

Directors.

Terms of ofilce.

Vacancies.

Powers and du-
ties of directors.

Amendment to
act March 1869.

to the insane asylum of North Carolina, as vests the govern-
ment of said asylum in the governor and five supervisors
are hereby repealed, and sections seven and nine of an act
of the general assembly of one thousand eight hundred and
fifty-eight and one thousand eight hundred and fifty-nine en-
titled an act to provide tor the maintainance of the insane
asylum and for other purposes, ratified February sixteenth,
one thousand eight hundred and fifty-nine, are hereby re-en-
acted and declared in force.

Sec. 2. The following named persons, to-wit : Dr. Chas.
E. Johnson, Dr. E. Burke Haywood, Charles Dewey, P. F.
Pescnd, John D. Primrose, Thomas Bragg, A. S. Merriman,
and Kemp P. Battle, of "Wake, Dr. C. T. Murphy, of Samp-
eon, Dr. John McCormick, of Harnett, Pev. B. Craven, of
Randolph, Dr. J. J. Summerell, of Rowan, C. Dowd, of
Mecklenburg, Dr. Pride Jones, of Orange, and Joseph J.
Davis, of Franklin, are hereby appointed directors of said
asylum, their term of ofiice to begin thirty days after the ratifi-
cation of this act and continue until the first Monday in No-
vember, one thousand eight hundred and seventy-one, at
which time they shall be divided into three classes, the seats of
the first class shall be vacated at the expiration of the second
year, of the second class at the expiration of the fourth year,
and of the third class at the expiration of the sixth year
from the time of their appointment, and afterwards they
shall be appointed at the expiration of their respective terms
for six years. In case of a vacancy in a term, the unexpired
portion thereof shall be filled by the board of directors.

Sec. 3. That all the duties and powers now required of
and vested in the governor and board of supervisors are
hereby required of and vested in the directors appointed under
the provisions of this act.

Sec. 4. Section twenty-seven of an act in relation to the
lunatic asylum, ratified ninth day of March, one thousand
eight hundred and sixty-nine, is amended by adding thereto
the following proviso : Provided^ That tlie superintendent
shall not sign any warrant for the carrying to or removal
from the insane asylum of any insane persons, until there

1S79-'71.— CnAPTER 228—229 375

shall be exhibited to said superintendent and filed in his
keeping a certificate under the ofiicial seal of the clerk ot the
superior court of the county whence such insane person was
brought or to which he is to be removed, that he has not pro-
perty suflicient to pay such expense.

Sec. 5. Section twenty-nine of said act entitled an act in Reped.
relation to the lunatic asylum is hereby repealed, and the
board of directors shall have power to regulate admissions
into the asylum, having regard to the probabilities of curing
the parties of their mental diseases.

Sec. 6. Tliis act shall be in force from and after its rati- When act to be in

r, ^. force.

ncation.

Katified the 5th day of April, A. D. 1871.

CHAPTER CCXXIX.

Alf ACT TO INCORPORATE THE MARION AND CRANBERRY RAIL-
ROAD COMPANY.

Section 1. The General Assembly of North Carolina do Capital stock.
enact, That a company is authorized to be formed with a
capital stock not exceeding one million of dollai*s, to be
divided into shares not exceeding twenty five dollars each,
to be known as the Marion and Cranberry Kailroad Company, Corporate name.
for the purpose of constructing a Railroad from the town of
Marion through the lime and iron beds in McDowell county Locetion;of road,
to the Tennessee line at or near the Cranberry iron works,
in Mitchell county, and said company, when formed as here-
inafter directed, shall have power to receive, possess, own Corporate rights,
and transfer real and personal property, shall have power to
adopt and use a common seal, to pass by-laws not incon-
sistent with tlie laws of the state, and shall have all the cor-
porate rights, powers and immunities generally exercised by
other like corporations in this state, the said company may Condemnation of
condemn lands for right of way and all other necessary pur-
22

376

1870-'71.— Chapter 229.

Directors.

Presideat.

Books of sub-
scription.

Re-ore;anizatiou.

Guage of road.

Further rights
and privileges.

Bonds.

poses, the said company shall be controlled by a board of
directors which shall consist of the following named persons :
John Carson, S. J. Neal, W. A. Cowly, Jas. H. Greenlee,
W. A. McCall, John S. Brown, John G. Yancy, Mathias
Dellinger, A. A. Wiseman, Joseph Chambers, Wilson Bnn-
lison, Alexander Erwin, Jourdan HarleM^, Col. Samuel
Blalock, J. C. Newlin, A. M. Erwin, William Bergin and
Jonathan Buchanan, said directors shall elect a president
and other officers at such time as a majority of them may
deem best, and shall appoint commissioners to open books
to the capital stock of said company in such manner and at
such times and places as they may deem best, they may pre-
scribe rules and regulations lor the payment of such sub-
scriptions in land, money, work or otherwise as they may
think proper, and shall cause certificates of such stocks to
issue in such manner as they may elect. It shall be the duty
of the said board to call a meeting of the stockholders for
the purpose of reorganizing said company at such time and
place as they may deem best, and the stockholders may, at
such re-organization, provide for such number of directors
not exceeding the number ]3rovided in this act as they may
deem proper.

Sec. 2, The gnage of the track of said railroad shall not
be less than eighteen inches nor more than five feet.

Sec, 3, Said company shall have power to erect and build
turnpikes whenever they may secure the right of way, and
may erect bridges on the state and county roads and use the
Trinchion engine or road steamer on the same, and be en-
titled to all corporate powers necessary thereto.

Sec. 4. The said company shall have authority to borrow
money by issuing mortgage bonds of the company or other
evidences of debt in such manner, at such rates of interest,
payable at such times and places as the board of directors
and the president of the company may prescribe, the presi-
dent and directors shall execute and deliver mortgage deeds
upon all the property of the company including its road bed
and register the same in the county of McDowell, and said
deed, when so delivered, shall be valid mortgages of all the

1870-71.— Chapter 229—230. 377

property so couveyed, the president and directors of the Policies of in-

coinpany shall have authority to take for the benefit of the

company policies of insurance, and also to issue policies of

insurance alter they shall have received in bona iide stock the

amount of fifty thousand dollars, provided the amount of

insurance never exceeds one-third of the actual bona fide

stock at the issuing of the policy, and to pledge the same or

any other public or private securities as collateral to secure

the payment of such bond or other evidences of debt as the

company may issue, the said collateral may be provided and

pledged in such manner as the president and directors may

elect.

Sec. 5. This act shall be in force from and after its rati- When act to be
/. , . in force.

ncation.

Eatified the 5th day of April, A. D. 1S71.

CHAPTER CCXXX.

AN ACT ALTIIOEIZINTt THE COUNTY COMMISSIONERS OF ONSLOW
COUNTY TO LEVY A SPECIAL TAX.

Seciton 1. The General AssemMy of North Carolina do Amount of tax.
enact, That the county commissioners of Onslow county be
authorized to levy a special tax, one-halt of one per cent, on
the taxable property of said county, and an equal upon each
poll in said county according to and in the proportion speci-
fied in the constitution, section one, article five, to be levied
and collected as are other public taxes; Provided, The ques- Question to be
tion of the levy of said tax be first submitted by election to tcrs.
the qualified voters of said county.

Sec. 2. This act shall be in force from and after its rati- When act to be ia
iication. *«'<^^'-

Ratified the 5th day of April, A. D. 1871.

378

1870-71.— Chapter 231—232.

CHAPTER CCXXXI.

AN ACT TO AUTHOKIZa TUE COUNTY COMMISSIONERS OF BLADEN
COUNTY TO LEVY A SPECIAL TAX.

Objects of tax.

Amount

Question submit-
ted to voters.

When act to be in
force.

Section 1. The General Assembly of North dyrolina do-
enact) That the county commissioners ot Bladen county be
and they hereby are authorized to levy a special tax for the
payment of the county indebtedness, and other purposes,
said tax not to exceed five thousand dollars, to l)e levied^
collected and paid into the county treasury and disbursed as
the county commissioners may direct, under the same ruleft
and regulations as are now established by law for the collection
of county tax. The same tax shall also include a tax upon
each taxable poll of said county according to article five, sec-
tion one of the constitution ; Provided, This act shall have
no effect until approved by a majority of the qualified elec-
tors voting at an election which the commissioners ot the
county are hereby authorized to call, giving thirty days
notice thereof.

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

Ratified tlie 5th day of April, A. D. 1871.

CHAPTER CCXXXII

AN ACT TO AMEND AN ACT RATIFIED THE TENTH DAY OF APRIL

ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE, ENTITLED
AN ACT TO DEFINE AND PUNISH BRIBERY.

All uent Section 1. The General Assembly of North Carolina do

enact, That an act ratified the tenth day of April, one thou-
sand eight hundred and sixty-nine, entitled " an act to define
and punish bribery, numbered as chapter 176, of the acts of

1S70-'T1.— Chapter 232-233. 379

•one thousand eight hundred and sixty-eight and one thou-
sand eight hundred and sixty -nine, be amended as follows :
Section three ol said act is repealed and the following is
-enacted in tlie stead thereof : " Section 3. That any person
offering a bribe, whether it be accepted or not shall be
guilty of a felony, and on conviction, shall be punished by
imprisonment for a term not less than one year nor more
than five years.

Sec. 2. This act shall be in force from its ratification. When act to bo in

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXXXIII.

AN ACT EEGULATING THE APPOINl'MENT OF GUAKDIANS AD j

LITEM. I

Section 1. The General Assembly of North Carolina do infant piaintiflfe

. . . , J. f , , may appear

■enact, That m actions and special proceedings oi any ot the uirough guardian

courts ot this state whenever any of the parties plaintiffs are °'' ""^^ "^° ' i

infants, whether said infants be residents or non-residents of

this state, that said infants shall appear by their general or ;

testamentary guardian, if they have any within the state ; ]

and if there shall be no such guardian, then said infants may \

appear by tlieir next friend. ^

Sec. 2. That in all actions and special proceedings in any

of the courts ot this state, whenever any of the defendants ;

are infants, said infants shall defend by their general or tes- ■

tamentary guardian if they hare any within this state J

whetlier said infants are residents or non-residents of this <

state ; and if said infante have no general or testamentary !

guardian within this state and any of the defendants in said !

action or special proceedings sliall have been summoned, and :

a copy of the complaint has been served on them or any of

them, then it shall be lawful for the court, wherein said action j

or special proceeding is pending, upon motion of any of the

380 lSrO-'71.— Chaptee 233.

Court may ap- parties to the said action or special proceeding, to appoint

point guardian «(? ,. , , ^ t 7 t, , , ,

Uicm for defend- some discreet person to act as guardian ad litem, to defend

^^^' in their behalf to which said guardian so appointed, the-

summon in said action or special proceedings shall be issued^

Issuing of sum- and a copy of the complaint served with said summons, and
mons. •"■ , '

that after twenty days notice of said summons and complaint,

the court may proceed in the cause to final judgment and
decree therein in the same manner as if there had been per-
sonal service upon the said infant defendants, and any decree

Final judgment, or judgment in the case shall conclude the infant defendants
as effectually as if he or they had been personally sum-
moned.

Action in case Sec. 3. That whenever any plaintiff or plaintiffs shall?

Tvhere defendants . . . . . ,

are infants with- desire to institute any action or special proceeding in
any of the courts of this state, where all the parties defen-
dants are infants having no general or testamentaiy guardian,
in this state, whether the said infants defendants shall be
residents or non-residents of this state, any of said plaintiffs
may file a petition to the judge of the court, or the clerk of
the superior court in which said action is to be brought, set-
ting forth the nature of the action or special proceeding
which he or they desire to bring, and obtain from said court
the appointment of some discreet person to act as guardian
ad litem, for said infants defendants, upon which said guar-
dian so appointed, summons and complaint may be served,
and after twenty days service of the said summons and
complaint, the court may proceed in the cause to judgment
in the same manner as if ,' there had been personal service
upon the said infants defendants, and any judgment or
decree in the cause shall conclude the infant defendant as.
effectually as if he or they had been personally served witli
a summons.

Guardian ad litem Sec. 4. That whenever any guardian ad litem shall be
appointed under this act, the said guardian shall file an
answer in said action or special proceeding admitting or

Costs. denying the allegations thereof, the costs and expenses of

which said answer in all applications to sell or divide the
real estate of said infants shall be paid out of the proceeds

1S70-'71.— Chapter 233—234. 381

ot the property or in case of a division, shall he charged
npon the land, if the sale or division shall he ordered hy the
court, and if not ordered in any other manner the court shall
direct.

Sec. 5. That sections fifty-eio;ht and fifty-nine of the code Sections 58 and 59,

r • •^ ^ 1 i" ^ 1 1 Code of Civil Pro-

01 civil ]-»rocednre are hereby repealed. cedure repealed.

Sec. 6. Tliat this act shall be in force from and after its When act to be in

ratificatioti. ^°^'^-

Eatilied the Jth day of April, A. D. 1871.

CIIAPTEE CCXXXIY.

AN ACT TO CHANGE THE TOWKSITIP OF LINCOLN COUNTY.

Section 1. T/is General Assembly of North Carolina do Township unes to
enact, That the board of commissioners of Lincoln county ^ ^ ^^^ '
are hereby empowered to change the lines, number and
names of the townships of Lincoln county for the greater
ease and convenience of the inhabitants thereof as the com-
missioners may in their discretion deem proper, provided
they do not increase the number of townships in the county.

Sec. 2. All laws or parts ot laws in conflict with this act Repealing clause.

are hereby repealed.

Sec. 3. This act shall be in force from and after its rati- When act to be in
/. ,. forca

iication.

Eatified the 5th day of April, A. D. 1871.

382

1870-'71.— Chapter 235—236.

CIIAPTEB CCXXXY.

AN ACT DONATING THE STATe's INTEREST IN THE FAYETTEVILLE
AND WARSAW PLANK ROAD TO THE COUNTIES OF SAMPSON
AND DUPLIN.

Boad donated to
citizens.

Commission to
receive road.

When act to be m
force.

Section 1. 2'he General Assemlly of North Carolina do
enacts That the state's interest in the Fayetteville and War-
saw Plank Eoadj from Clinton to Warsaw, be donated to the
citizens of Sampson and Duplin counties, to be used as a
turnpike road by a company of the citizens of said counties
for the purpose of rnnning a road steamer thereon.

Sec. 2. That said interest be conveyed to John R. Beau-
man, Col. Allmand, A. McKoy, Col. John A. Ford, and
Alfred Johnson, as a commission, for the purpose aforesaid,
and that said plank road company be authorized to convert
said road into a turnpike and to use a road steamer thereon.

Sec. 3. This act shall be in force from and after its rati-
fication.

Ratified the 5th day of April, A. D. 1871.

CHAP TEE CCXXXYI.

AN ACT TO INCORPORATE THE YADKIN RAILROAD COMPANY.

Corporate name. Sechon 1. The General Assemhly of North Carolina do
ena-ct^ That for the purpose of establishing railroad com-
munication from Salisbury to points on the Wilmington,
Charlotte and Rutherford Railroad, and the Cheraw and
Salisbuiy Railroad respectively, at or near Wadesboro*,
authority is hereby granted for the formation of a corny any
which, when organized, shall be a body politic and corporate,
under the name and style of the Yadkin Railroad Company,
with the usual corporate powers, rights and privileges per-

1870-'Tl.--CnAP'rER 236. 383

taining to railroad corporations, togetlier with Biieh others as
are heremafter specially granted.

Seo. 2. That the capital stock of said corporation may be Capital stock,
as mnch as one million dollars, to be divided into shares of gtarofr.
:fifty dollars eacli ; and when as much as fifty thousand dol-
lars of stock is taken by solvent subscribers, and live per
cent, ot such subscriptions actually paid in, a meeting ot the *^^*^ °^ ®"^"
fubscribers shall be called by the commissioners hereinafter
appointed, at some time and place to be designated by them,
or a majority of them, at which meeting said corporation
may proceed to organize by the election of nine directors, Directors,
and the said directors shall choose one of their number as
president, and may also elect such other officers as may be Preeident.
iieedtul and may be prescribed by the by-laAvs of the cor-
poration ; and regular annual meetings of the stockholders AnHual meetings,
may be held thereafter at such places and time ot year as
they may fix upon, at which annual meetings elections tor
ofiicers of said company shall take place in the mannei- above
-prescribed ; but if from any cause any annual meeting be
not held, all ofiicers shall hold over till the next annual
meeting ; and a majority of the stock must be represented
in person or by proxy to constitute a quorum at any meeting
-of stockholders.

Sec. 3. That for the purpose of procuring subscriptions to Commissioners to

• T *^ • /-~i ATT T XI open lKK)K6«

the capital stock ot said corporation, C. A. Henderson, John
I. Shaver, Moses L. Holmes, Ephraim Mauney, L. W.
Coleman, J. M. Shimpock, J. D. llearne, N. Mauney,
J. M. Eedwin, Wm. G. Smith, W. L. Little, C. Watkins, J.
B. Burns, II. A. Crawford and J. C. McLaughlin are hereby
appointed commissioners with power to open boi^ks of sub-
scription at snch times and places, and under the direction
of such persons as they, or a majority of them, may deem
proper, and they shall organize by designating from among
•their number a chairman, a treasurer and any other needful
officers, and shall have power to require a suitable bond of
their treasurer for faithfully accounting for any moneys that
may come into his bands; and they may bring suit in the
name of their treasurer against any subscriber, and may

384

1870-'71.— Chaptee 236.

Subscriptions by
counties and cor-
porations.

Subscriptions of
land.

Donations.

recover the five per cent, of his subscription, if snch sub-
scriber has failed to pay in so much upon his said subscrip-
tion, but their powers herein conferred shall, except as to any
such suits then pending, cease upon the organization of the
company, and they shall turn over to the treasurer
of the company any subscription, moneys and obli-
gations that may be or come into their possession ; and
when fifty thousand dollars of capital stock shall be sub-
scribed as aforesaid, and five per cent, thereof paid in or col-
lected, it shall be the duty of said commissioners, without
delay, to call a meeting of the stockholders, or more than
one, if the first shall for any cause fail toybe held, that the
said company may be organized as aforesaid.

Sec. 4. That subscriptions may be made by counties, cities
or towns to the capital stock of said railroad compan}^, upon
the proposition ot the county commissioners, or city or town
government, as the case may be, and tlie approval thereof
by the qualified voters of such county, city or town under
the regulations and provisions, so far as applicable, pre-
scribed for county subscriptions in an act ratified April tenth,
one thousand eight hundred and sixty-nine, entitled "an act'
to enable the ChatJiam Railroad Company to complete its
road."

Sec. 5. That the aforesaid commissioners while they act,
and the directors of the company after its organization, shall
have the power to receive subscriptions of land at a value to
be fixed by agreement between themselves and the owners,,
and they may also receive donations of land or other valu-
able property which may be given in furtherance of this
enterprise ; and a deed of conveyance of any such land or
property subscribed or donated shall be made by the owner
to the Yadkin Railroad Company, if after the organization
thereof, and if prior thei'eto, then the owner shall give to
the aforesaid commissioners, or their chairman in their name,
a bond to make title to the Yadkin Railroad Company when
organized, which bond, upon the organization of said corn-
pan j, shall be assigned by the obligee or obligees to said
company, and may be enforced by a suit in its own name ;

1870-'71.— Chaptek 236.

385-

but if said company be never organized under this charter,
then all such bonds to become void ; and it said company
shall not complete its road within ten years after its organi-
zation, then it shall be bound, and may be compelled, by suit
if necessary, to reconvey all such lands as may have been
donated under this act, to the original grantors or their
heirs. All such land and property as may be subscribed or
donated may be held and disposed of by said company as it
may judge most expedient ; and power is hereby granted to
said company to purchase, acquire, hold and dispose of all
real and personal property necessary for the accomplishment
of its purpose of constructing and keeping in operation the
railroad which this act contemplates.

Sec. 6. That the president and directors of said company. Further subBcrip-
after its organization, may take such action as they deem
most efficient for securing further subscriptions until the
whole amount of capital stock is taken ; they may also make
all necessary orders for collecting the subscriptions not paid
up, prescribing the instalments to be paid from time to
time ; and in case any subscriber fail to pay in any instal-
ment upon their call, the president and directors may, after
twenty days notice, sell at public auction the shares sub-
scribed for Ijv him. or so much thereof as may be necessary Enforcing sut>-

' , -1 r ^ • \ • i-- . scription.

to pay up the whole unpaid remainder ot his subscription ,

and it a balance of such subscription still remains unpaid
after ai)plyiiig the entire net proceeds of such sale of his
shares, then the company may by suit, in any court having
jurisdiction of the case, recover said balance from such de-
faulting subscriber.

Sec. 7. That whenever any lands may be required by said Condenination of
company for the purposes specified in this charter, and an
agreement cannot be made with the owner thereof, the com-
pany or the owner may apply to the clerk of the superior
court in writing to cause the damages, if any, to be assessed,
by five referees, entirely disinterested directly and indirectly,
two of said referees to be appointed by each party respec-
tively, and the fifth l)y the said clerk, five days notice of the
application being given to the other party ; and if either-

^86 1870-'71.— Chapter 236.

party fail to appoint two referees at the expiration of said

five days notice, the clerk shall appoint them. The clerk

shall issue notice to all the referees to attend on the land

npon a day fixed and lay off the ri^ht of way over said^

lands, which shall extend sixty teet on each side of the]

track, when so much is asked for by the company, and any

other special allowance of land may be made when necessary

for depots, turnouts and other needful appurtenances ; and

said referees considering the advantages and disadvantages

of said railroad to the land in question, shall assess thej

damages, if any to the owner of the land, and return ia

writing and under oath their award to the clerk of the conri

within ten days after it is made, and the same when filed

shall be recorded as a regular judgment of the superior,

court on which execution may issue re:urnable to the nex

term of the court. Either party dissatisfied with the award

may, within five days after its filing w'ith the clerk, upon

giving an appeal bond to cover costs and damages in a sum

to be fixed by the clerk, appeal to the superior court, and

that court shall try the whole case de novo, but the company

may, as soon as the award is made, whether there be aii

appeal or not, enter upon the lands so awarded to it, and use^

them in constructing its road and appurtenances. ,'

J^roportion of Sec. S. That in all meetings of the company each stock- *

holder, upon all questions, shall be entitled to as many votes ^

as he owns shares of stock, and any one may demand a;|

stock vote. -<■

When act to take Sec. 9. That this act take effect from and after the datej
effect. ...

of its ratification.

Ratified the 5th day of April, A. D. 1S71.

1870-71. — Chapter 237. 38'J

CHAPTER OCXXXYII.

AN ACT TO AMEND CHAPTER ONE HUNDRED AND EIGHTY-FOUR,
LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY EIGHT
AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE ENTI-
TLED AN ACT TO PROVIDE FOR A SYSTEM OF PUBLIC INSTRUC-
TION.

Section 1. The General Assemlly of North Carolina do {JJJ"^^«°*|^J'^
finax't Tliat section two of said act be amended so as to read to be made under

' ■,/,!. X <■• f^ direction of the

as follows, to wit : The board of education may, trom tune to Q^^eral Aseembij

time as the same shall accumulate, invest the public school
fmidin United States bonds and securities and railroad bonds,
secured by a first mortgage : Prmnd-ed, hmi^ever, That sucli
investments shall be made under the direction and approval
of the general assembly.

Sec 2. That section eight (8) of said act be amended so Pjayment^^harc
as to read as follows, to wit : The share of public school tund ties.
arising from the increase thereof by investment or other-
wise to which each county be deemed to be entitled, shall
1)6 paid to the county treasurer, or his lawful attorney, upon
the order of the board of education and the warrant of the
auditor, and in like manner shall all payments from the pub-
lic school fund be made.

Sec 3. That section nine (9) of said act be and the same rci©i1,
is hereby repealed.

Skc 4. That sub-division nine (9) and the last proviso of Amcndmc^uo^^
snb-division of section twenty-two (22) of said act be stricken \^^^m.
out, and that section thirty-two (32) be amended by striking
out at the end thereof the words, '' and deliver a copy to the
school committee."

Sec 5. Tiiat section fifty-two (52) of said act be amended Furtbei- amend.
80 as to read as folh.ws, to-wit : That all state and county capi-
tation taxes which shall be levied and collected for school i)ur-
poses under the constitution, shall be paid to the county trcas-
I urer of the counties respectively in which the same are collec-
ted, and shall constitute a revenue and fund fui- the 6iipi)ort of

^388

1870-'71.— Chapter 237.

Pay of County

Further amend-
•xaent.

public schools in said counties respectively, and shall not be
used for any other purpose. The sherifi or otlier person
collecting such taxes shall take the receipts of the county!
treasurer for such payments in duplicate, one copy of which'
he shall transmit to the auditor of tlie state ; and said county
treasurer, under the supervision and direction of the board
of commissioners of their respective counties, shall dis-
burse the same as required by this act, keeping a careful
and accurate account thereof, a copy of which shall be in-
cluded in the reports to the superintendent of public instruc-
tion, required by section fourteen of this act. The appoi'-^
tionment of the school money raised by the operation of'
this section shall be made by the commissioners of the'
counties resj^ectively in which the same is collected, and in
the same proportions as required in section fifty-four (54) of
this act. The county commissioners shall, from time to time
if necessarj', require the county treasurer to give sufficient
and good securit}^, by additional bond or bonds, so as to
secure the faithful administration of the said school fund ;
and in default so to do, the said commissioners shall be guilty
of a misdemeanor, and upon conviction before the superior
court, shall be fined not less than three hundred dollars nor'
more than one thousand.

Sec. 6. The county examiner shall be allowed two dollars
per each day of actual service, to be paid by the county
treasurer out of the school fund, upon the order of the
county commissioners, said actual service ta be determined
by the said commissioners.

Sec. 7. That section sixty-eight of said act be amended by
adding thereto the following proviso : Promded., That the
school fund herein referred to shall not include anj^ portion
of the State and county capitation tax provided for in this
act as hereinbefore amended.

Sec. 8. That section three (3) of said act be amended
by striking out the words " shall prescribe," inserting the
words " may recommend ;" and that section forty-one
(41) of said act be repealed ; and all after word " regula-
tions," to and including the word " obtain," of section sixty

1870-'71.— Chapter 237—238—230. 389

nine of said act Le stricken out, and tliat all laws and parts When act to take
of laws inconsistent with this act arc repealed, and this act
shall take elfect from its ratification.

Pwatified the 5th day of April, A. D. 1871.

CHAPTER CCXXXYIII.

AN ACT TO AUTHORIZE THE COUNTY COIMMISSIGNEES OF IIAKNETr
COUNTY TO APPOINT A PROCESSIONER FOR SAID COUNTY.

Section 1. The General AssemUy of North Carolina do Appointment of

Proccssioucr,

eyiact^ That the county commissioners of Harnett county be
and they ai-e hereby authorized to appoint a processioner for
said county under the same rules and regulations as pre-
scribed in chapter 52, revised code.

Sec 2 This act shall be in force from and after its ratitica- When act to bein

force,
tion.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXXXIX.

AN ACT TO RE-ENACT AN ACT IN RELATION TO A PLANK ROAD,
RATIFIED THE TENTH DAY OF APRIL, ONE THOUSAND EIGHT
HUNDRED AND SIXTY-NINE.

Section 1. TJie General Asserably of North Carolina do Kc-cnactment.
enact, That chapter one hundred and fifty-six of the public
laws of one thousand eight hundred and sixty-eight and nine in
relation to the plank road leading from High J^ointto Salem,
is hereby re-enacted, and that the powers originally granted
in said act upon said county commissioners are hereby
restored and extended to said county commissioners
indefinitely.

Sec. 2. That this act shall be in force from and after its when act to be i
ratification. ^^^^'

Ratified the 5th day of April, A. D. 1871.

390 1870-'71.— Chapter 240—241.

CHAPTER CCXL.

AN ACT FOK EXTENDING THE I»OWEK8 OF THE COUNTY COM-
MISSIONERS OF RICHMOND COUNTY.

Commissioners SECTION 1. The General Assemhly of North Carolina do

collector. enact: That the county commissioners of the county ot

Eichmond shall have power, whenever in their judgement

it shall be necessary tor the safe and speedy collection of the

taxes, which the sheritis is required to collect, to elect a tax

collector whose duties shall be the same as those of the

sheriff, so tar as the collection ot the taxes are concerned,,

and who shall be under the same laws, rules and penalties,,

as those prescribed -for sheriffs in the collection ot taxes.

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

cation.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXLI.

AN ACT TO INCORPORATE THE SPARTANSBURG, COLUMBUS AN1>
RUTHERFORD RAILROAD CK)MPANY.

Corporators. Section 1. The Genei^al Assembly of North Carolina do

enact: That Geo. Logan, H. A. Justice, J. B. Carpenter,
Thomas Wilkins, John L. McDowell, K. S. Carpenter, C. J.
Sparks, William Jones, John Garrison, J. H. Allen, R. S.
Ambulin, George BlackM'ell, J. S. McAboy, Robt. McFar-
land, James Carpenter, D. Y. Rhodes, J. D. McClure, Dr.
T. B. Twittey, Wm. D. Harris, Edward Femes, Dr. Wm.
Hanltery, J. K. Simpson, W. H. Miller, Dr. L. A. Mills^
Beverly Morsis, A. G. Logan, and Tysel Ridings, and their
associates and successors, be and they are here created a
body corporate for the purpose herein to be described.

1870-71.— Chaptee 241. 891 \

Sec. 2. The corporation hereby created shall be kno^n Corpoj-atc oame.

and styled the Spartansburg, Columbus and Rutherford E^il- i

road Company, and by that name may sue and be sued, plead '[

and be impleaded, have a common seal, and succeed to all p^hts and privi- |

rights and prinleges that are by the laws of this etato ;

enjoyed by other corporations of a like character. \

Sec. 3. That upon the ratification of this act the corpo j
rators before named shall meet in the town of Rutherfordton i
on a day to be designated by G. "W". Logan and M. H. j
Justice, for the purpose of organizing said company, and \
when so organized they may open books for the purpose of Subscription to i
receiving subscriptions to the joint stock of said company at * j
.such times and places as they may deem necessary. The ,i
capital stock of said company shall be five hundred thousand Capital stock. ;
<lollars, and the same may be increased to one million of dol-
lars, when the stockholders of said company shall so direct. ■
When one hundred thousand dollars shall have been sub- ]
scribed to the capital stock of said company and one-tenth \
cif said sum shall have been paid to said stockholders or their
agent, then it shall be the duty of said company to call a
meeting of the stockholders of said company, to meet at j
such time and place as they may designate, and when the ■
stockholders of said company shall have met it shall be their Directors. I
tluty to elect seven directors, make their own by-laws and do bj-Laws. '■
all other tilings that may be necessary for the completion of ;
tlie organization of the said company.

Sec. 4. That when the directors so elected shall have President. ^ , !

f jTganized by electing one of their number president of said '
Itoard and otherwise completing the organization of the ~ ]

lioard of said directors, then the said directors may proceed *
to have a railroad surveyed and laid ofi" from the town of Survey,

liutherfordton, by the most practical route to the Soutli :
Carolina line, near the Sandy Plains in the county of Polk, Location of roaddt i
?iad from thence to the town of Columbus, in the county of
Polk. The said directors shall have the right to connect

their line of road with any other line of railroad, and may j

receive subscription to the capital stock of said company in I
money, real or personal property, upon such terms as they

,23 !

392 1S70-'71.— Chapter 241.

County and cor- may direct, and all pei*8ons, counties and corporations shall

Sons. have the right to subscribe to the capital stock of said com-

pany ; Prcmided^ That the Wilmington, Charlotte and
Kutherford Railroad be not completad to Rutherfordton
within eigliteen months from the ratification hereof. But
in case such railroad is so completed, then the company
herein chartered shall proceed to construct their road to Co-
lumbus by the most direct route practicable, and shall not go
* to Spartansburg.

lUghtof way, etej Sec. 5. That for the purpose of laying oft' and construct-
ing a railroad known as the Spartansburg, Columbus and
Rutherford Railroad, the directors shall have the right of
way in accordance with the laws of North Carolina, now in
existence, and may exercise all other rights and privileges
that are now enjoyed b}'' other boards of directors ot all other
corporations of a like character in this state, and shall have
full power to construct said railroad upon such plan as they
may deem expedient

Shares. Sec. 6. That the capital stock of said company shall be

divided into shares of fifty dollars each, and every share shall
' entitle the holder thereof to one vote in all meetings of the

stockholders of said company.

Guage. Sec. 7. The guage of said road shall be the same as that

of the Wilmington, Charlotte and Rutherford Railroad, and
the two roads shall be so connected at Rutherfordton that
cars and engines may pass freely from the one over the other.

Whea act to be in Sec. 8. That this act shall be in force from and after its

^^''"- ' ratification.

Ratified the 5th day of April, A. D. 1871.

ISTO-'Tl.— CiiAPT-K 242. 393

CHAPTER CCXLII.

AN ACr TO IXCOKPOKATE THE ASHEVILLE AND VIRGINIA RAIL-
KOAD COMrAXY.

Section 1. That i\>Y the purpose of constructing, keeping Location of road.
up and using H railroad communic-ition from or near tlietown
of Asheville, Xorth Carolina, on the Eastern Division of the
Western Is"orth Carolina Railroad to the Virginia state line
ia the direction of Mount Airy, in Sarry county, NorthCaro-
lina, and Lynchburg Virginia, which line may be decided
by the directors of a company hereby chartered under the
name and st3-le of the Asheville and Virginia Railroad Com- Corpoi ate name,
pany, the principal office of which sluill be located at or near
the junction ot said road with the Eastern Division of the
Western Xorth Carolina Railroad, and at which office the
annual election of directors shall be held ; Mont Patten and
E. J. Aston, of Buncombe county, J. S. Brown and A, M. Corporators.
Erwin, of McDowell county. Tod R. Caldwell and T. G.
Walford, of Burke county, S. F. Patterson, G. W. Harper,
<rf Caldwell county, Allen Brown and W. H. H. Cowles, of
Wilkes county, John M. Brown and Jesse W. Graves, of
Surry county, and their successors are hereby constituted a
board of commissioners of this charter.

Sec. 2. That the president, directors and stockholders of Corporate ri^-lits.
said Asheville and Virginia Railroad Company, their suc-
cessors and assigns, shall be and they are hereby declared
incorporated into a body corporate and politic, and as such
shall be capable in law to purchase, accept, lease and hold,
sell and convey personal and real estate, contract and be
contracted with, sue and l^e sued, plead and be impleaded in
any court of law or e<piity of this state having jurisdiction,
to make such by-laws, appoint all necessary officers, prescribe
their duties, and do all lawful acts pro])erly incident to and
connected with the objects of said company, as arc necessary
ior the government and transaction of its business, to make

394

1870-'71.— Chapter 241.

Capital stock.

Books of! sub-
scription.

Election of Di-
rectors.

president.

and use a corporate seal, and the same to alter, destroy or
renew at its discretion.

Sec. 3. That the capital stock of said company shall not
exceed five millions of dollars, in shares not exceeding one
hundred dollars each, payable by instalments of such amounts
and at such times as the board of directors in its judgment
may think best for the interests of the company ; but never-
theless, the aforesaid commissioners shall have the power of
opening books of subscriptions, for tlie purpose of obtaining
the necessary amount of stock in such manner as they may
deem best in accordance with the provisions of this charter
to commence the work.

Sec. 4. That for the full organization of said company,
said commissioners hei'ein before named or any three or
more of them, shall appoint meetings and open books of
subscriptions for the capital stock of said company, and when
the amount of one hundred and fifty thousand dollars is bona
fide subscribed, the said commissioners or any three of them
shall soon thereafter fix the day for the meeting of the stock-
holders at the point designated heretofore, of which time
and place they shall give three weeks notice in one or more
newspapers published in Asheville or on the line of the
proposed railroad, when they shall hold an election for seven
directors ; and the seven stockholders receiving the largest
number of votes shall form and constitute the fij'st board of
directors of said Asheville and Virginia Railroad Company,
each stockholder being entitled to as many votes, in person
or by proxy, in all elections and meetings of the stockholders
as he or she may own shares in said company at the time of
voting, and the commissioners certifying to the election of
the first seven directors of said company, shall hand their
certificates and books of subscription of stock and all other
papers of their acts or doings over to the said board of
directors, and their duties and labors shall tlieu and there
cease, determine and end.

Sec. 5. That the board of directors shall meet as soon
after their election as practicable and choose one of their
own number president of the board and company, whose

1S70-'T1.— Chai^tek 242. 895

temi ot office, with that of the directors, shall be one year

and until their successors are chosen and installed, and the

election of directors shall be held annually, according to the

by-laws that may be made, and all vacancies occurring in

the board may be filled from among tlie stockholders at any

time by the acting directors.

Sec. 6. That each subscriber to the capital stock ot said Liability ct eub-

'^ , sonbers.

company shall be liable for all instalments falling due upon

his or her subscription, and a failure of any stockholder to
pay any instalment within the time appointed for the pay-
ment ot the same, he or she may be sued for said unpaid in-
stalment or instalments in any court having jurisdiction, but
neither the person or property of any stockholder shall be
liable or bound for any debt or liability against the company.

Sec. 7. That a majority of the commissioners of any County subecrip-
oounty of this state may at any time subscribe to the amount
of one hundred thousand dollars to the capital stock of said
railroad company, the same having been passed by a ma-
jority of the qualified voters of the county, who shall vote
at such time and place as a majority of the commissioners
shall appoint ; and upon their ballots shall be written " for
subscription " or " against subscription." And in case a ma-
jority of the votes of the county shall be cast for subscrip-
tion, then the judges of said county shall order the chair-
man to issue county bonds, payable to said company, in sums
not less than one hundred dollars each, payable at such times
and places as a majority of the judges shall direct, and thej
are hereby vested with full power and authority to raise
money by taxation to provide for the payment of the prin-
cipal and interest of the bonds so issued.

Sec. 8. That for the purpose of ascertaining the best route Surveys,
for said railroad and to locate the same, it shall be lawful for
said company, by its officers and agents to enter upon,
examine and survey any landsjthat they may wish to examine
for such purpose, free from all liability or liindrance.

Sec. 9. That in all cases where a question of right of way Right ot way.
may arise and the parties be unable to agree, the sherifi'of
the county in which the said land is situated shall, at the

396 1870- 71.— Chapter 212.

request ol either party, summon a jury of twelve jurors,
freeholders of said county, wlio shall assess the damages to
be paid by said company for running said railroad through
said lands, and each party shall have at least twenty days
notioe of the time and place of the meetings of the said
jurors for making such assessments, and saving to either
party the right of appeal to the superior court of the county
in which said lie under the laws now in force regulating
appeals to that court, which appeal shall be entered within
thirty days after tlie finding of the jury, and in all such
cases such jury shall, in addition to the usual oath, be sev-
erally sworn in assessing damages, to take in account the
enhanced value of the lands from the building ot said rail-
road passing through said lands.

Right to appro- Sec. 10. That said company shall be and is hereby author-

priate lands, etc. . t , • , n i i ' i . . -, n •,

ized to appropriate all lands and materials necessary for the

construction of said railroad and make all contracts neces-
sary therefor, making just and proper compensation for
the same according to plan set forth in this act, to cross rail-
roads and all other roads, and to take such other measures
not unlawful in themselves that may be necessary in build-
ing said railroad and carrying out the objects of the same as
far as set forth in this act.

Officers of com- Sec. 11. That all tlie officers of said company and servants
panyesemptfroiH • ^i ^ i i ^ j? •/ ■.

civil duties. and persons in the actual employment oi said company, be

and they are hereby exempt from performing ordinary militia
duty, working on public lands and serving as jurors.

When eonstruc- Sec. 12. That said company shall begin the construction

of said railroad within two years from the date of this act,

and complete the same within ten years, and on failure of

either of these requisitions, the charter, otherwise perpetual,

with all the privileges hereby granted, are declared null and

void.

Right to lease, Sec. 13. The said compau}' is hereby fulh" authorized and

sell, or cx)nsoli- , , , . i • i , , i . , , , , .

date road. empowered, by a two-thirds vote of the capital stock of this

company subscribed and paid, to sell and lease or otherwise
dispose of as they may deem proper, said railroad, or consoli-

1870-'71.— Chaptee 242—2^3. 397

date with other connecting railroads, and that all laws and
parts of laws, militating against this act, be and tlie same are
hereby repealed.

Katitied the 5th day of April, A. D. 1871.

CHAPTER CCXLIII.

AN ACT TO AUTHORIZE THE C0MMISSI0NEE6 OF HAKNETT
COUNTY TO LEVY A 6PFX)IAL TAX AND FOB OTHER PURPOSES.

Section 1. The General AsseiyiMy of North Carolina do Limitation of spe-
rm 1 • • <• TX i 1 *^''^ ^^•

enact, iliat the commissioners oi Harnett county are here-
by authorized and empowered to lev^y a special tax on all
real and personal property now taxed by law not to exceed
one-half of one per cent, for tlie payment of jnrors and other
county expenses.

Sec. 2. That the equation ol the constitution in regard to County scrip re-

• • 1 11 1 1 ceivable in pay-

poii and real estate taxation, shall be strictly adhered to and mjeot.
the sheriti' of said county is hereby required to receive
all duly authenticated county scrip in payment of said tax.

Sec. 8. That the commissioners of said county be and they commissioners
are hereby authorized to dispose of such part of the land j^o^Jge lands,
l^elonging to the poor house as they in their discretion may
deem best ; Provided, That the quantity disposed of shall ProviBo.
not exceed two hundred and fifty acres, and that the pro-
ceeds tlicreot shall be devoted exclusively to the better pro-
tection and well being of the poor of said county.

Sec. 4. That this act shall be in force from and after its \\Tien act to be in
ratification.

Ratified tiie 5th day of April, A. D. 1871.

S98

1870-'71.— Chaptbb 244.

CHAPTEK CCXLIY.

AN ACT FOE THE RELIEF OF THE SHEEIFFS OF WAYNE, WIL-
SON AND OTHER CXDUNTIES.

^^e^oable.

Sheriffs to collect
tax under law of
^arcb, 1870.

Sheriffs to setUe
"wlUi Treasurer.

Whereas, By the legal interpretation and construction
given to an act to repeal certain acts pasaed at the session of
one thousand eight hundred and sixty-nine, making appro-
priations to railroad companies, ratified the eighth day of
March, anno domini one thousand eight hundred and sev-
enty, the county commissioners of the counties ofWayne and
"Wilson, instructed and directed the sheriffs of said counties^
not to collect the taxes imposed for ordinary state purposes,
hy an act to raise revenue, ratified the twenty-eighth day of
March, anno domini one thousand eight hundred and seventy;,
and whereas, judgments were ordered against the sheriffs of
said counties, and the sureties on their official bonds at fall
term one thousand eight hundred and seventy, in the supe-
rior court of the county of Wake ; and whereas, as it was not
the fault of said sheriffs in failing to settle with the public
treasurer within the time prescribed by law ; therefore.

Section 1. The General Assemhly of North Carolina do
enact, That it shall be the duty of the county commissioners
of the counties of Wayne and Wilson to order the sheriffs ot
said counties to collect the tax imposed for ordinary state
purposes, by an act to raise revenue, ratified the twenty-
eighth day of March, anno domini one thousand eight hun-
dred and seventy, under the same rules, regulations, liabili-
ties and restrictions, in all respects as were imposed by said
act.

Sec. 2. The sheriffs of said counties shall collect the taxes
imposed by said act and pay the same into the public treas-
ury on or before the first Monday in June, one thousand
eight hundred and seventy-one, under the same liabilities as
now provided by law for failing to settle public taxes in due
time.

1870-71.— Chapter 244r-245. 3g^

Sec. 3. The sheriffs of said connties and their sureties are Release frem cer*
hereby fnllj and entirely released and discharged from all
fines,' except cost of suits, forfeitures, amercements and
penalties imposed upon them for failing to settle with the
public treasurer within the time allowed by law ; Provided,
Said sheriffs shall pay said taxes on or before the first Mon-
day in June, one thousand eight hundred and seventy-one.

Sec. 4. This act shall be in force from and after its rati- When act to be in
. force,

fication.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXLV.

AN ACT TO AMEND SECTIONS TWO HUNDRED AND SIXTY-SIX,
TWO HUNDRED AND SIXTY-EIGHT, TWO HUNDRED AND SIXTY-
NINE, TWO HUNDRED AND SEVENTY, TWO HUNDRED AND
SEVENTY-ONE, CODE OF CIVIL PROCEDURE.

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

enact, That sections two hundred and sixty-six, two hundred

and sixty-eight, two hundred and sixty-nine, two hundred

and seventy, two hundred and seventy-one, code of civil

procedure, be amended by inserting the words " court or "

iminediately preceding the word "judge," whenever it may

occur in the sections above named.

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

force,
cation.

Ratified the 5th day of April, A. D. 1871.

•400 1870-'71.— Chapter 246-247.

CHAPTER CCXLVI.

AN ACT TO AMEND THE CHARTER OF THE CALDWELL AND
WATAUGA TURNPIKE COMPANY.

Exemptions from SECTION 1. The General Assemhhi of North Carolina do

toll for work on i . i , , , , . ■,->••

'road. enaet, Ihat any person liable to work on public roads living

within two miles of the Caldwell and Watauga turnpike
road, west of the Yadkin spring, may, at his option, work on
said road under the control of the overseer appointed by the
president and directors of said company under such regula-
tions as are now required by law of those living nea^ said
road east of the Yadkin spring, and upon performing such
service, such persons or person shall be entitled to such ex-
emptions from toll and from service on other roads as are
now provided by law for those working on said road east of
the Y^adkin spring.
When act to be in Sec 2. This act shall be in force from and after its rati-
fication, and shall be deemed a public act.

Ratified the 5th day of April, A. D. 1871. ^

CHAPTERCCXLVII.

AN ACT CONCERNING TOWNSHIPS IN THE COUNTY OF CHEROKEE.

Townships. SECTION 1. The General Assembly of North Carolina do

enact^ That the district reported by the commissioners of
Cherokee county are hereby approved, and said, districts in
obedience to article seven, sections three and lour, of the
constitution in each district shall have coi"porate powers, and
shall be known as townships by the boundaries and by the
names respectively designated in said reports in as full and
ample a manner as if said districts had come under aud
within the provisions of an act ol the general assembly en-

1S70-'71. -CHAPfER 217— 24S. 401 |

entitled " an act concerning townships," being clmptev one
hundred and eighty-five of the public laws, passed at the
session of one thousand eight hundred and sixty-eight and
one thousand eight hundred sixty-nine, and ratified the tenth
day of April, one thousand eight hundred and sixty-nine.

Sec. 2. Provided, notwitlistanding. That the election for J^ioctt^^oMown-
township oflicers under the said article of the constitution,
and the act of the general assembly referred to in the first
se-ition in the above named county, shall take place on the
fii-st Thursday of August, in the year of our Lord one thou-
sand eight hundred and seventy-two, and the provisions of said
act shall apply in all respects to the election herein directed.

Sec 3 This act shall be in force from and after its rati- When act to be in

force,
lication.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXLVIII. j

AN ACT TO REPEAL AN ACTI ENTITLED " AN ACT TO AMEND .

THE CHARTER OF THE WESTERN NORTH CAROLINA RAILROAD

COMPANY," RATIFIED THE NINETEENTH DAY OF AUGUST, ANNO '

DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT,

i
AND FOR OTHER PURPOSES. J

Section 1. The Getieral Assembly of Worth Carolina do J^^^^^^^ ^'^P^' :

enact, That to enable the Western North Carolina Railroad ^ ' ;

Company to relieve themselves from present embarrassment ;
and secure the eventual completion of their road, they may

increa.se tlieir capital stock to such sum as they may deem ,
proper, not exceeding fifteen millions of dollars, under such

rules and regulations as the stockholders may prescribe ; j

Provided, v^ertheU'is, That at all meetings of the stock- \

holders, no stock shall be voted or represented either in ])er- ^
son or by proxy, unless such stock has been actually paid

lor in cash or work on said road, and the board of directors of \

403 1870-'71.— Chaptee 248.

Directors may said Company may make such agreements and contracts with
for construction, the North Carolina Railroad Company or with any person or
other corporations for the construction of their road and its
branches, according to the charter and the several amend-
ments thereto, as the same existed prior to August nine-
teenth, anno domini one thousand eight hundred and sixty-
eight, as they may deem proper, and may grant to other
railroad companies the privileges and rights to use their road
or any part thereof, for the purposes of passing their engines,
cars, freights and passengers over the same, and they may
May operate in operate their road in connection with other railroads in this

connection witli j , , t • . ^ i , n ^

other roads. and other adjommg states, and may change the guage of the

track of their road or any part thereof, at pleasure, to pro-
mote tlieir interests and convenience.

Charter of August Sec. 2. That an act to amend the charter of the Western

' ' "^P**^ • North Carolina Railroad Company, ratified the nineteenth

day of August, anno domini one thousand eight hundred

and sixty-eight, be and the same is hereby repealed ; I^ro-

Proviso. vided, nevertheless, That all the property, rights, credits,

rights of action, and efibcts that now exist in favor of the
Western Division of the Western North Carolina Railroad
Company, or which may result from any existing matters,
causes, circumstances or contingencies, shall become abso-
lutely the rights and property of the Western North Caro-
lina Railroad Company, and shall be faithfully applied to
construction of the main trunk line from the French Broad
river westward, and all fc.iits which may be brought in any
court to enforce such rights and recover such property and .
effects or any part thereof, shall be brought in the name of
the Western North Carolina Railroad Company ; And, jpro-
vided further, That this act shall not be so construed as to
relieve any person from any criminal prosecution now in-
stituted or which may hereafter be instituted in any courts
for any criminal offence heretofore committed in or about
the affairs of the western division of the Western North
Carolina Railroad Company, nor shall it be so construed as to
abridge or release any rights, rights of action, or credits which
now exist, or may result from existing circumstances or con-

1870-'T1.— Chapter 248—249. 403

tingencies in favor of the said western division of said Wes-
tern jSTortli Carolina Railroad Company ; And, jprovided
further, Tliat the Western ISTorth Carolina Railroad Com-
pany shall be governed in all respects as the eastern division
of said company may be under existing laws under this act ;
And, provided, further. That the stock ot any private Rights of stock

• in VVcstCi'u di-

stockholder in the western division of said road shall be en- vision?,
titled to the same respectively in respect to the stock, rights
and privileges, as stockholders now have and enjoy respec-
tively in the eastern division of said company.

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

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCXLIX.

AN ACT TO ALLOW THE COUNTY COMMISSIONERS OF CAMDEN
COUNTY TO LEVY A SPECIAL TAX.

Section 1. The General Assembly of North Carolina do Amount and ob-
enact, ihat the county commissioners oi Camden county be
and they are hereby empowered to levy a special tax not to ex-
ceed fifteen hundred dollars, for the purpose of paying tlie
residue of county debt; Provided, however, It be submitted
to the qualified voters of said county, and the constitutional
equation to be observed.

Sec 2. That this act shall be in force from and after its wiien act to le iu
ratification. *°'"^*'-

Ratified the 5th day of April, A. D. 1871.

404:

1870-71.— Cha^pter 250-251.

CHAPTER CCL.

AN ACT TO AUTHORIZE THE COUNTY COMMISSIONERS OF CAS-
WELL COUNTY TO COLLECT A SPECIAL TAX.

Objects of tax.

Amount.

When act to take
eflfect.

Section 1. The. General AssemMy of North Carolina do
enact, That the county comiiiissioners of Caswell county are
hereby authorized to levy a special tax, to be collected as-
state and county taxes are, to support the poor and pay the
outstanding indebtedness of said county ; Prooid^d, That
said special tax shall not exceed the sura of twenty -live hun-
dred ($2500) dollars, and that the equation required by the
constitution on the poll and property tax be observed.

Sec. 2. That this act shall take effect from and after its-
ratification.

Ratified the 5th day of Apiil, A. D. 1871.

CHAPTER CCLI.

AN ACT TO ESTABLISH A TURNPIKE ROAD FROM THE TOWN
OF 8TATESVILLE, IN THE COUNTY OF IREDELL, TO THE TOWN
OF MOUNT AIRY, IN THE COUNTY OF SURRY.

Location of road.

Directors to su-
pervise construc-
tion.

Section 1. The General Assemhly of North Carolina do
enact, That for the purpose of laying out and establishing a
turnpike road from the town of Statesville, in the county of
Iredell, through the county of Yadkin, to the town of Mount
Airy, in the county of Surry, the county commissioners of each
county through which the road passes, are hereby em-
powered and required to appoint a board of directors con-
sisting of three competent nicn, whose duty, immediately
after their appointment, shall be to organize by electing one
of their number chairman of the board, which board afler

1870-71.— Chapter 251. 405-

being so organized shall have full power to supervise and
construct said turnpike road.

Skc. 2. That it shall be the duty of said board of directors Surveyor.
for each county through which said road passes to employ a
competent and skillful surveyor and two commissionerd to
survey and locate said road, who shall first take an oath
before some magistrate in the county in wdiich they are em-
ployed, fiiithfully to discharge their duty so as to promote
the best interests of the road, with as little damage to the
persons through whose land it passes as possible. That said Description of
road shall be twenty feet wide, clear of stumps and runners
and in no part of the road shall the grade rise more than one
foot in sixteen. Tliat said road shall be located on the road Grade,
bed of the present road leading directly from Statesville to
Mount Airy, Nvhenever it is convenient and practicable.

Sec. 3. That if th.e owner of any land through which said Condemnation of
roads shall pass shall consider himself or themselves injured
thereby, it shall be competent for such person or persons by
petition to the county commissioners of tlie county in which
the damage is done, j)raying for a jury to view the premises
and assess the damages sustained, and it shall be the duty of
tlie commissioners to order such jury to be summoned as in
case of such public roads, and it shall be the dut}^ of the jury
to take into consideration the advantage to the land as
well as tlie injm-y done by the making of said road, and on
report of the jury made to and confirmed by the commis-
sioners, the damage shall be paid out of any fund hereinafter
provided for.

Sec. 4. That for the purjjose of enabling the board of convicts to be
directors above provided for to contract said road, said board ®™P^°y®°*
of directors are liereb}- authorized and empowered to make a
requisition upon tlie comn\issioners of their several counties
for all the convicts sentenced to the penitentiary confined in
the jails of each county fur a term of two years and under,
Avhich convicts shall be put to work by said directors on said
road, and it shall be the duty of said diiectors to employ a
laitliful and energetic overseer or overseers, whose duty it overseers of con-
shall be to overseer said convicts and keep them industriously ^^^^'

406

1870-'71.— Chapter 251.

Subscriptions to
road.

tyomnilssionei's
may eu spend
work.

employed. That in order to enable said overseer to control
and prevent said convicts from making tlieir escape, said
overseer is hereby authorized and empowered to confine said
convicts together with chain, or if need be, with ball and
chain : Provided, however, That his treatment of them shall
in all other respects be kind and humane, and shall conform
strictly to all the rales and regulations for the government
and management of convicts in the state penitentiary ; that
the jailor of each county shall furnish to said convicts the
same kind and amount of provisions as is furnished to the
convicts in the State penitentiary, to be delivered to the
overseer of the convicts in such way and manner as may be
presented by the board of directors.

Sec. 5. That for the purpose of necessary funds for the com-
pletion of said road, it shall be the duty of the county com-
missioners of each county to appoint suitable persons at as
many places in each county as they may deem necessary to
open books of subscription to solicit and receive whatever
amount any and all persons who may favor the construction
of said road may desire to subscribe, and pay for said pur-
pose, and as soon as one hundred dollars shall be subscribed
and collected in each county and paid over to the chairman
of the board of county commissioners, said chairman shall
notify the board of directors of the receipt of said money,
upon which notice said board of directors shall proceed at
once to employ a surveyor and commissioners in each county
as above mentioned, on as reasonable terms as practicable,
and purchase tlie necessary implements for the use of the
convicts in the performance of the work on the road, and
also to employ an overseer or overseers for in section fourth
of this act. That as soon as the survey has been made said
overseer or overseers shall take charge of said convicts and
commence the work ; Provided, however, that it shall be at
the discretion of the county commissioners to stop the work
for a time whenever in their judgment the number of con-
victs shall be so small that their labor will not defray the
expense of keeping the overseer employed, and resume the
work again as soon as a sufficient number of convicts shall

1870-'71.— Chapter 251—252. 407

be imprisoned, and upon the warrant of the chairmjm ot the
board of directors, the chairman of the board ol commis-
sioners is hereby anthorized and empowered to pay the l^^^l^l^^^^
expenses of the survey, the purchases of the implements and
the wages of the overseer at the end of every month as it
falls due out of the funds placed in his hands tor that pur-
pose.

Sec. 6. That said turnpike, road when completed, shall be To be a public

IT J J 1 n L ^°^'

deemed and taken to be a county public road and shall be

kept up as other county public roads are kept up.

Sec. 7. That this act shall be in lorce from and alter its When act to be in

force.
ratification.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCLII.

AS ACT AUTHORIZING THE COUNTY COMMISSIONERS OF THB
COUNTY OF GATES TO LEVY AND 0<^)LLECT A SPECIAL TAX
AND APPROVING THEBBOF.

Section 1. T/te General Assembly of North Carolina do Objects of tax.

enact, That the commissioners of the county of Gates have

full power to levy and collect a special tax within their

county to proride for the payment of interest and principal

as the same may become due of the bonds heretotore issued,

or that may hereafter be issued in payment of the county

subscription authorized by a vote of the people of said county

to the capital stock of the Eden ton and Norfolk railroad

company, provided the tax on the poll shall be equal to the

tax levied on three hundred dollars worth of property.

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

force,
ratification.

Ratified the 5th day of April, A. D. 1871.
24

408

1870-'71.— Chapter 253.

CHAPTEE CCLIIL

AN ACT TO PREVENT FORGING AND COUNTERFEITING THE PRI-
VATE MARKS, TOKENS, STAMPS OR LABELS OF ANY MANU-
FACTURER, MECHANIC OR OTHER PERSON.

Protection to pri-
vate marks, la-
bels, &e.

Penalty for viola-
tion.

Penalty for vend-
ing merchandize
with forged la-
bels, &c.

When act to be in
force.

Section 1. The General Assemhly of North Carolina do
enact, Every person who shall knowingly and wilfully forge
or counterfeit or cause or procure to be foi-ged or counter-
feited the private marks, tokens, stamps or laljels of any
mechanic, manufacturer or other person being a resident of
this state or of the United States with intent to deceive and
defraud the purchasers, mechanics or manufacturers of any
goods, wares or merchandise whatsoever, upon conviction
thereof shall be punished by fine not less than fifty dollars
and not exceeding one thousand dollars, or by imprisonment
not less than one month or more than five years or both
fine and imprisonment at the discretion of the court.

Sec. 2. Every person who shall vend any goods, wares or
merchandise having thereon any forged or counterfeit marks,
tokens, stamps, or labels purporting to be the marks, tokens,
stamps or labels of any person being a resident of the state
or of the United States, knowing the same at the time of the
purchase thereof by him to be forged or counterfeited, shall,
upon conviction, be deemed guilty of a misdemeanor and
shall be punished by imprisonment in the county prison not
exceeding six months or by fine not exceeding one hundred
dollars, or by both fine and imprisonment at the discretion
of the court.

Sec. 3. This act shall be in force from and after its rati-
fication.

Eatified the 5th day of April, A. D. 1871.

1870-'71.— Chapter 254. 409

CHAPTEK CCLIV.

AN ACT TO LAY OUT AND CONSTKUCT A PUBLIC ROAD THROUGH
THE COUNTIES OF WILKES AND WATAUGA.

Section 1. The General Assemlly of Noi'th Carolina do Location of road.
enact, That there shall be laid out and established a public
road from Messrs. Phineas and A. H. Horton's store, in
Wilkes county, to Boone, in Watauga county, to run as fol-
lows : Up Elk creek, crossing the blue ridge, the most prac-
tical I'oute to Boone.

Sec 2. That the said road shall be made sixteen feet wide Width and grade.
exce])t where there shall be side cuttings, and in such places
it shall be twelve feet, and in no part of the road shall it rise
on ascending any hill or mountain, more than one foot in ten,
and to be well made as herein directed.

Sec 3. That it shall be the duty of the county commis- Sm-vey of road,
sioners of Wilkes and Watauga to appoint a competent en-
gineer and two commissioners each of their respective coun-
ties, to survey and locate said road, who shall take an oath
before the chairman of the Ijoard of county commissioners
of their county to faithfully discharge the duties for the best
interests of the county.

Sec 4. That if the owners of any land through which said yaiuation of con,.

•' ^ • • J denmed land,

road shall pass, shall consider him, her or themselves injured

thereby, it shall be competent for such person or persons
by petition to the county commissioners of their county
praying for a jury to view the premises and assess the
damages sustained, and it shall be the duty of the commis-
sioners to order a jury to be summoned, as in case of public
roads, and it shall be the duty of the jury to take into con-
sideration the benefit to the land as well as the injury done
'"•y making said road, and on a report by the jury to ^d
confirmed by the commissioners, the damage shall be paid
by the county in which the damage is done.

Sec 5. That if any person or persons shall claim damage
and call for a jury to assess them and none arc found, the

410

1870-71.— Chapter 254r— 255.

CommUsionera
may enforce labor

Power oyer road

Lands.

Township trus-
tees to report
completion.

"When act to be in
force.

person or persons so calling shall defray all expenses in the
case.

Seo. 6. That the county commissioners of Wilkes shall
have power to call ont all the hands liable to work upon
public roads under existing laws, who reside within two
miles of said road, (compass line) at such times and for such
length of time as will not materially conflict with the farm-
ing interests of the county, to construct the road.

Sec. 7. That the county commissioners of "Watauga shall
have the same powers over hands within two miles of that
portion of said road located in their county as is provided in
section six of this act, for the commissioners of Wilkes
county ; Provided, That no person shall be required to
work more than ten (10) days on said road in any one year.

Sec. 8. That when the said road provided for in this act
has been constructed as herein provided, it shall be the duty
of the township board of trustees through whose township
said road runs, to receive the same and report to the county
commissioners that said road has been constructed according
to law.

Sec. 9. That this act shall be in force from and after its
ratification.

Katitied the 5th day of April, A. D. 1871.

CHAPTER CCLY

AN ACT TO ENABLE ALIENS TO TAKE, HOLD AND CONVEY LANDS.

Right of aliens to Section 1. The General Assembly of North Carolina do
properti^." ° enoct, That from and after the ratification of this act, it shall
be lawful for aliens of whatever foreign state or country, to
take both by purchase and descent or other operation of law,
any lands, tenements or hereditaments within this state, and
to hold and convey the same as fully as citizens of this state

1870-'71.— Chaptee 255—256. 411 ,

can or may do, any law or usage to the contrary notwith- 1

standing.

Sec. 2. That all contracts to purchase or sell real estate Prior contracta '
by or with aliens, heretofore made, shall be deemed and taken ™ ®
as valid to all intents and purposes.

Sec. 3. This act shall be in full force from and after its when act to be in
ratification. 'ore© ,

Ratified tlie 5th day of April, A. D. 1871. ;

CHAPTER CCLVI.

AN ACT IN RELATION TO THE PUBLIC LANDS.

The General Assembly at the session of one thousand preamble,
eight hundred and sixty-nine and one thousand eight hundred
and seventy, having passed an act to incorporate the Plan-
ters' Railroad Company, ratified tlie first day of March, one
thousand eight hundred and seventy, by which the president
and directors of the board of education are authorized to
have the lands of the board lying in the counties of Onslow
and Jones, known as White Oak swamp, amounting to
eighty-five thousand five hundred and twenty acres, laid off
in sections of six hundred and forty acres, or in smaller sec-
tions at the option of said board of education, these sections
to be laid oft' on both sides of the road having its line as
their base, and that the board of education donated to said
Planters' Railroad Company the alternate sections of lands,
being one-half of said lands in consideration of the benefit
■of said road to the land of the board ; Pt^ovided, That the
title in fee be retained by them until the said Planters' Rail-
road Company shall make it appear to the satisfaction of tlie
said board of education that the said Planters' Railroad has
been graded from its beginning on the Atlantic and North
Carolina Railroad throuf^h tlie lands of the board to some

412 1870-71.— Chapter 256—257.

point on the navigable waters of New river, when a perfect

title to it shall be made to said cbuipany thereof.

Board of Educa- Section 1. The General Assembly of North Carolina do

to Planters' Rail- cnact, That it is the duty of the said board of education to

ompany. comply with the provisions of said act and enter into writing

agreeing, to the effect that when the said Planters' Railroad

Company shall have organized according to the provisions

of said act of incorporation and shall have graded their said

road from its beginning on the Atlantic and North Carolina

Railroad through the lands of the board to some point on

the navigable waters of New river, that the said board of

education will execute and deliver a title in fee simple for

the said alternate sections, being one-half of said White Oak

swamp to the said Planters' Railroad Company.

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

force.

ratification.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCLYII.

AN ACT TO AMEND THE CHARTER OF THE PLANTERS RAIL-
ROAD COMPANY AND TO CONSOLIDATE THE SAME WITH THE;
WILMINGTON AND ONSLOW RAILROAD COMPANY.

Anendmentto SECTION 1. The General Assemlly of North Carolina do-

ers'^Raiiroad.^"^ ena(?^, That the act to incorporate the Planters Railroad
company, ratified on the first day of March, one thousand
eight hundred and seventy, be so amended as to enable the
said company to begin the construction of said road at its
terminus on the navigable waters of New river, as designated
in the said act of incorporation, and thence to construct the
same on the line which may be located by the stockholders
of said company towards the county line of Onslow and
Jones, and to connect said Planters' Railroad with the WiK
mington and Onslow Railroad.

18T0-'71.— Chapter 257. 413

Sec. 2. That the said Planters Kailroad Company and the Consolidation of
said "Wilmington and Onslow Railroad Company, when the road with wu-
same shall have been organized according to the provisions ™w^Raiiroad.
of their respective charters, may and they are hereby au-
thorized and empowered to be consolidated into one cor-
poration in the manner and uj-jon the terms hereinafter
provided.

Sec. 3. That at the first or an}^ subsequent meeting of the
stockholders of the said Planters Pailroad Company and
Wilmington ahd Onslow Railroad Companj-, which may be
called or held after the ratification of this act, a majority of
each stock being repi'esented in person or by prox}', each of
said companies shall decide by a majority vote in favor of or
against the consolidation and union of the two companies
aforesaid, and it a majorit}- of the stockholders of the Planters
Railroad Company and the stockholders of the Wilmington
and Onslow Railroad Company shall decide in favor of con-
solidation, it shall be the duty of the directors of said com-
panies respectively to perfect such consolidation upon such
terms as may be agreed upon by them.

Sec. 4. That after the union and consolidation of said Name of consoli.
companies as aforesaid, the corporation thereby formed shall
be known by the name and style of the Wilmington and
Planter's Railway Company.

Sec. 5. That the said Wilmington and Planter's Railway Corporate powers
company shall have all the powers, rights, privileges and
exemptions which are contained and provided for in the acts
incorporating the said Planter's Railroad Company and the
Wilmington and Onslow Railroad Company.

Sec. 6. That upon the acceptance of section one of this
act by the Planter's Railroad Company, it shall become a
part of the charter of said company.

Sec. 7. Nothing in this act shall be construed to prevent Road may be con-

,1 1'^T•^ • . 1 T->i i ^ -<i •! r^ r structed to Ncw-

the Wihmngton and Planter s Railway Company from con- ijern.
gtruction of said road to Newborn or some point on Atlantic
and North Carolina Railroad as ])rovided in charter of said
Planter's Railroad Company.

414 1870-71.— Chaiter 257—258.

Repealing clause. Sec. 8. All laws and clauses of laws in conflict with this
WTien act to take *^t are hereby repealed, and. this act shall be in force from
efifect. ^jjj ^f^j. j^g ratification.

Katified the 5th day of April, A. D. 1871.

CHAPTER CCLVIII.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF FRANKLIN
COUNTY TO ISSUE BONDS.

Amount and dc- SECTION 1. The Genet'ul Assemhly of North Carolina do

bond8.**'*^° ^ 0/iac^, That in order to liquidate the liabilities of the county
of Franklin, the commissioners of said county are hereby
authorized to issue coupon bonds not exceeding in amount
the sum of fifleen thousand dollars, in denominations of not
less than twenty-live dollars, said bonds to bear date the
first day of August, one thousand eight hundred and seven-
ty-one, and to bear interest at the rate of six per cent, per
annum.

Term, and interest Sec. 2. The said bonds shall run for a term not exceed-
ing twelve years, the interest thereon to be paid annually.
The coupons on said bonds after maturity shall be received
in payment for all county taxes.

Tax to pay in- ^Ec. 3. In order to meet the interest on said bonds and to

liquidate the principal of the eame, the said commissioners
are hereby authorized to levy a tax not exceeding one-
twelfth of one per cent, on the real and personal property of
said county, and the sum of twenty-five cents on each and
every taxable poll in said county.

Sec. 4. The moneys raised by this tax shall be collected
by the sheriff or tax collector of said county in the same
manner, and under the same penalties and regulations as
other taxes ; and shall be paid by said sherifi'or tax collector
to the treasurer of said county. The treasurer is hereby
authorized to pay the interest on said bonds annually as it

terest.

1879-'71.— Chapter 258—259 415

may become due, out of the moneys raised under this bill.
If there should be any monej's left, after the payment of said
interest, of the proceeds of the tax provided for in this bill,
the said treasurer shall devote the same to the liquidation of Liquidation of
the principal ot said bonds, excluding the unmatured cou-
pons, which may at the time be attached to said bonds, and
all other moneys which may accrue to said county not other-
wise provided for, shall be used to liquidate said bonds, to
be paid by said treasurer upon presentation of said bonds.
The said treasurer shall, in the presence of the register ot
deeds and chairman of the board of commissioners ot said
county, destroy every such coupon and bond redeemed Destruction of
according to the provisions of this bill, and shall keep a
record of the number of every such coupon and bond so
destroyed.

Sec. 5. Upon all moneys paid out under the provisions of Commission to
this bill by the treasurer of said county, the said treasurer
shall receive a commission of one per cent.

Sec, 6. This act shall be in force from and after its ratifi- When act to be in
cation. '°'^«-

Katified the 5th day of April, A. D. 1871.

CIIAPTEE CCLIX.

A>^ ACT TO A:MEND ClIAPTEK ONE HUNDRED AND SIX, OF THE
PUBLIC LAWS OF NORTH CAROLINA, PASSED AT THE SES-
SION OF THE GENERAL A6SEMELY OF NORTH CAROLINA, OF
ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE AND ONE
THOUSAND EIGHT HUNDRED AND SEVENTY.

tSECTioN 1. The General Assernhly of North Carolina do siieibv and south
enact, That the Shelby and South Carolina Railroad Com- may^extend'^ite *
pany shall have power and are hereby authorized to extend ^^^^'
their road from the town of Shelby, in the county of Cleave- _
land, to some point on the Tennessee or Virginia line, and

41«

1870-'71.— CnArxER 259.

Municipal and
county subscrip-
tions.

Question to be
submitted to
voters.

County subscrip-
tions— how made.

shall have power and are hereby authorized to connect their
road with the Marion and Cranberry Railroad, or the Nor-
folk and Great "Western Railroad, at snch point as they may
elect.

Sec. 2. That it shall be lawful for any incoi'porate city^
town or any county, to subscribe for such amount of stock
in said company as they or either of them may be autho-
rized to do by the voters ot said city, town or county, in
manner and form hereinafter provided.

Sec. 3. That the corpoi-ate authoi'itics of such city or town
are authorized to make an order requiriui^ the constable of
such city or town, or any olhccr ot their own body, at such
times and on such notice as they shall direct, to open a poll
and take the sense of the voters of sucli city or town quali-
fied to vote for city or town officers, M'hether tlie corporate
authorities of such city or town shall subscribe to the stock
of said company for such sum as the order shall propose,,
and the officers superintending such election shall make
return of the number voting for and against subscription to
the corporate authorities of said city or town, or the presi-
ding officer thereof; that upon the return of said superin-
tendent of election, if it shall appear that a majority of votes
are in favor of the subscription, then the corporate au-
thorities shall make the subscription for such city or town^
the subscription to be paid for in bonds of said city or town,,
authenticated in such form as the corporate authorities may
order, said bonds to be of not less than than one hundred
dollars each, payable at such times and places as said cor-
porate authorities shall direct, and shall bear interest not ex-
ceeding eight per cent, annually.

Sec. 4. That the county commissioners of au}^ county are
authorized to make an order requiring the sheriff of their
county, at such time and on such notice as they shall direct,,
to open a poll and take the sense of the voters of such
county qualified to vote for members of the general as-
sembly, whether the said commissioners shall subscribe to
the stock of said company for such sum as the order shall pro-
pose ; snch election shall be conducted for and against sub-

1870-'71.— Chapter 259—260. -^It

scription, in such manner and form as the commissioners
may order, and the sheriff shall make return ot the number
vot'ing for and against it to the said commissioners ; that
upon the return ol such sheriff, if it shall appear that a ma-
jority of the votes cast are in favor of the subscription, then
the said county commissioners shall make the subscription
in behalf of said county, the subscription to be paid in bonds
of said county, authenticated in such manner and form as
the commissioners may order ; said bonds shall be payable
at such times and places and shall bear such rate of interest,
not exceeding eight per cent., as the said county commis-
sioners shall direct.

Sec. 5. That all subscriptions of stock to the said company fj^^^^'''^^'];^^^^^^^^
heretofore niade by any incorporated town, city, or any
coimty, and ratified by a majority of qualified voters therein,
are hereby declared valid, and the bonds which shall l>e
issued in payment of such subscription, authenticated in
such manner and form, and payable at such times and places
as the corporate authorities of such city or town, or county
commissioners may direct, are hereby declared valid to all
intents and purposes.

Sec. 6. This act shall be in force from and after its ratifi- When act to be in

force,
cation.

Ratified the 5th day of April, A. D. 1871.

CIIAPTEIl CCLX.

AN ACT TO EXTEND AN ACT TO EMPOWER THE COMMISSIONERS
OF CUMBERLAND COUNTY TO LEVY A SPECIAL TAX.

Section 1. Tlie General Assembly of North Ca/t^olina do ^^toTalurFcfb-^
enaotj That an act entitled an act to empower the comniis- ruary, 187(X
sioners of Cumberland county to levy a special tax, ratified

418 1870-'71.— Chapter 260—261—262.

the twenty-fourth day of February, anno doraini one thou-
sand eight hundred and seventy, be and the same is hereby
re-enacted and continued in force for one year.

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

cation.

Eatified the 5th day of April, A. D. 1871.

CHAPTER CCLXI.

AN ACT TO ALLOW THE COUNTY COMMISSIONERS OF COLUMBUS
COUNTY TO LEVY A SPECIAL TAX.

Amount and ob- SECTION 1. The Gener'ol AssemUi/ of North Carolina do

.lect of special tax ••./-. i i

enact^ That the county commissioners ot Columbus county,

are hereby authorized to levy and collect a special tax in the
same manner as other taxes are levied and collected, not to
exceed five thousand dollars, for the purpose of paying off*
the county indebtedness ; Provided^ That in levying said
tax the constitutional equation between the poll and pro-
perty shall be observed.
When act to be in Sec. 5. That this act shall be in force from and after its

force. .•£> t.'

ratification.

Ratified the 5th day of April, A. D. 1871.

CHAPTER CCLXII.

AN ACT TO REMOVE 0B8TRCTI0NS IN THE PEDEE, YADKIN AND
WHARIE RIVERS FOR THE PURPOSE OF ALLOWING SHAD AND
OTHER FISH FREE PASSAGE UP SAID RIVERS.

River to be cleared SECTION 1. The General Ass€7)ibly of Noi'th Carolina do
enact, That one hundred feet in the main channel of the
river Pedee from the South Carolina line to the mouth of

1870-'71.— Chapter 262. 411*

the Wharie river in the county of Montgomer}^ shall be
cleared and kept clear of all and every obstruction that may
hinder, cause or deter shad or other fish froni passing up
Baid river.

Sec. 2. That seventy-five feet in the main channel of the Yadkin river,
river Yadkin from the mouth of the Wharie river up to the
North Carolina Railroad bridge, in Eowan county, and fifty
feet from there to Wilkesboro' shall be cleared and kept
clear of all and every obstruction that may hinder, cause or
deter shad or other fish from passing up said river.

Sec. 3. That fifteen feet in the main channel of the river Wharie river.

"Wharie, from its mouth or confluence with the Pedee and

Yadkin river, in the county of Montgomery, as far up as A.

H. Saunder's mills in said county, shall be cleared and kept

clear of all obstructions of any kind that may hinder, cause

or deter shad or other fish from passing up said river.

Sec. 4. That the county commissionei*s of the different Obstructions to

. . ^ , be removed,

counties through which the said rivers Pedee, Yadkin and

Wharie do run or pass, shall proceed as soon as practicable
after the ratification of this act, to employ a sufiicieut num-
ber of men, not to exceed five in each county, to remove all
obstructions and mark out the main channel of said rivers in
accordance with sections one, two and three of this act.

Sec. 5. That the county commissioners of the several coun- Pay of laborers.
ties through which the said rivers run, shall pay unto the
persons employed to clear out said obstructions a sum not to
exceed one dollar and fifty cents per day, to be paid out of
the county treasury.

Sec. 6. That if any person or persons shall hinder or delay Penalty forTdc-
the said commissioners in their duty, or the men employed In^'tbe^carryhig^
by them in clearing out said obstructions, or shall put or ^^^ °* ^^'^ ^^^
place or cause to be placed any obstruction in said channels
mentioned in this act, they shall be deemed guilty of a mis-
demeanor, and on conviction thereof, shall be fined not less
than one hundred nor more than five hundred dollars, or
imprisoned in the county jail not more than three months
or both at the discretion of the court before which theyjshall
be tried, and that the s iperior court of any county in this

420 18T0-'71.— Chapter 262—263.

state in which said misdemeanor is committed, shall be a
proper court for such trial and the fine so levied and collected
shall go one-half to the iniormer and the other half to the
county in which conviction is had. '

^lepeaiing clause. Sec. 7. That all acts and laws or parts of laws coming in i
conflict with this act are hereby repealed. ;

When act to be in Sec. 8. That this act shall take efiect from and after |

force. .,,.,.,. ■^1

its ratiiication. '

Ratified the 5th day of April, A. D. 1871. ^

CHAPTEK CCLXIII. ^

AN ACT TO LEVY A SPECIAL TAX FOR THE COUNTY OF BEArFORT.

■d

Amount and ob- Section 1. TTw General Assembly of North Carolina do '

jLC 0 specia a.\. ^^^^^^^^ That the commissioners of the county of Beaufort be '

and they are hereby authorized to levy a special tax not to '

exceed the sum of seven thousand dollars, for the purpose 1

of paymg the indebtedness of said county already incurred. I

Constitutional Sec. 2. In the levying of said tax the equation provided ^

proMMou. 1^^ ^l^g constitution m relation to property and capitation ^,

tax shall be observed and adhered to. "

When act to be in Sec. 3. This act shall be in force from and after its rati- "-

^'''''- fication. i

Ratified the 5th day of April, A. D. 1871. '}

1870-71. — Chapter 264. 421

CHAPTER CCLXIV.

AX ACT TO CHARTER THE NEWBERiST AND WASHINGTON RAIL-
ROAD COMPA-NY.

Section 1. The General Assembly of North Carolina do Corporators.
enact, That fur the purpose of establishing a communication
by raih'oad from the city of Kewbern, in the county of
Craven, to the town of Washington, in Beaufort county,
that Edward R. Stanly, Richard T. Berry, George Allen,
Thomas S. Howard, E. J. Warren, R. S. Burbank, George
H. Brown, Wm. E. Demill, R. S. Myers, and Thomas Spar-
row, R. E. Lehman, Edward H. Hill, Edward A. Richard-
son, George W. Nason, Jr., their associates, successors and
assigns, are hereby constituted a body politic and corporate,
under the name of the Newbern and Washington Railroad Corporate name.
Company, and such company, when formed as hereafter
directed shall have power to receive, possess, own and trans- Powers and privi-
fer real and personal property, to have a common seal, and ^^'^^'
to pass such by-laws not inconsistent with the laws of tliis
state, as may be necessary to carry out the object of the cor-
poration, shall be capable in law of suing and being sued,
pleading and being impleaded, and shall have and enjoy all
the rights x^f other corporate bodies, under the laws of this
state, to have land condemned for the right of way, accord-
ing to existing laws, and for all other purposes necessary to
carry into effect the purposes of said company, and shall
generally have and possess all the rights, privileges and im-
munities, and be subject to the limitations and restrictions
of corporate bodies in this state, and shall have the exclusive
right to transfer and carry persons, produce, merchandize
and minerals in and along such railroad at such prices as
they may tix.

Sec. 2. That the said capital stock of said company shall cap.tai stock.
be fifteen hundred thousand dollars, with the power to
increase it to two millions, to be divided into shares of one Shares.

422

1870-'71.— Chapter 264.

Gommissioners to
open subscription
books.

First meeting of
fitockholders.

Election of Presi-
dent and Direc-
to:s.

Manner of paying
for stock.

hundred dollars eacli, to be called and known as the New-
bern and Washington Railroad Company.

Sec. 3. That for the purpose of creating the capital stock
of such company, Edward R. Stanley, Geo. Allen, Richard T.
Berry, Thomas S. Howard, R. F. Lehman, in Craven county,
and E. J. Warren, Thomas Sparrow, R. S. Burbank, Wm.
E. Demill, in Beaufort county, are hereby appointed commis-
sioners, whose duty it shall be as soon after the passage of this
act as may be, to appoint such commissioners to open books
of subscription at such places and at such times as to them
shall seem best, and under such rules and regulations as
they may prescribe, such subscription, or any part thereof,
may be received, payable in money, lands, labor or material
necessary in the construction of said road, bonds, stocks or
other valuable credits, in such manner and on such terms as
shall be agreed on between said company or its commis-
sioners or agents and such subscribers.

Sec. 4. That whenever the sum of one hundred thousand
dollars shall have been subscribed to the capital stock of said
company by solvent subscribers, it shall be the duty of the
commissioners aforesaid to call a general meeting of the
stockholders, after giving notice as to them shall seem suf-
ficient, and at such times and places as they shall determine,
and at all general meetings of said stockholders not less than
a majority of all the stock subscribed, shall constitute a quo-
rum for the transaction of business, .and sa'd stockholders
when so met in general meeting, shall have power and it
shall be their duty to elect a president and five directors tor
said company ; and in electing such president and directors,
and in enacting such laws as may be necessary, each share of
stock represented in person or by proxy shall be entitled to
one vote ; Provided, If a majority of such stockholders
shall not attend said first general meeting, such as do attend
and are present, may adjourn from time to time until a ma-
jority shall appear.

Sec. 5. That it shall be the duty of said stockholders at
their first general meeting to prescribe the manner and time
in which payments of stock on the subscription books shall

1870-'71.— Chapter 264. 423

be made ; Provuled^ Not mure than one-half of said sub-
scription shall be called for in one year alter sai^l lirst gen-
eral meeting.

Sec. 6. That it shall \^Q the duty of the pi-esident and Tieiv^urer.
directors of siiid company to appoint a treasurer, who shall
remain in office such length of time as the company in their
by-laws shall determine, and said })resident and directors
shall remain in office for one year and until others are Term'? of office,
chosen, and shall have a general direction and management
of the affairs ot said company, and shall appoint some suita-
ble person as engineer, whose duty it shall be to make the
necessai-y surveys for the location of said railroad, and fur- survey of road,
nish the president and directors with tuch survey or
surveys and estimates of the cost. Said directors shall have
power to till any vacancy that may occur in their board, and
in the absence of the president elecc one lor the time; they
shall also appoint a secretary, whose duty it shall be to keep
a fair and correct record of the proceedings of said board and
of all the proceedings of the stockholders in general meet-
ings in a book to be provided for that purpose.

Sec. 7. That the preeident or board ot dii-ectors shall at Auuuai report.
least once a year make a full report on the state of the com-
pany and its affairs to a general meeting ot the stockholders,
and oftner if required by any by-laws of the company, and
also call a general meetincj ot the stockholders whenever
they may deem it expedient, and the company may provide
in their by-laws for occasional meetings being called, and
prescribe the mode thereof.

Sec. 8. That all persons, the commissioners of any euimty, County or mimki-
or the authorities of any corporation, shall have full power ^^ sujbcnp
and authority to subscribe to the capital stock of said com-
pany to the amount they shall be authorized to do by the
inhabitants of said county or incorporated town, or the
proper authorities of any corporation to the amount they
shall be authorized to do by the inhabitants of eaid county
cr town, and they may issue bonds or other evidence of*
debts to enable them to borrow money to pay snch subscrip-
tion, the said subscription to Ix; made by any agent or agents
25

424

18T0-'71.— Chapter 264—265.

Commencement
of construction.

Eight to lease
fraiKcliise.

When act to be in
forces

of such county, town or corporation properly author ized by
them to make the same, when so made shall be binding on
such county, company or corporate body in the same manner
and to the same extent that it is on the individual subscri-
bers, and such body corporate, or company or county shall
be represented in all general meetings of the stockholders.

Sec. 9. That the said company may begin the construc-
tion ot said road, at an}' point on the line of location accord-
ing to their discretion, and that for any portion of said road
actually constructed, the said company shall be entitled to
all the privileges of this act into and ovei' such part so con-
structed.

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

Sec. 11. That this act shall be in force from and after its
raification.

Katified the 5th day of April, A. D. 1871.

CHAPTER CCLXV

AN ACT TO INCOEPORATE THE OXFORD AND HILLSBORO RAIL-
ROAD COMPANY.

Capital stock.

Shares.

Corporate name.

Section 1. The Oeneral Assembly of North Carolina do
enact^ That a company is authorized to be formed with a
capital stock of one million dollars, to be divided into shares
of one hundred dollars each, to be called and known as the
Hillsboro' and Oxford Railroad Company, for the purpose
of building and constructing a railroad with one or more
tracks, to be used with steam or other motive power, from
some point on the !North Carolina Central Railroad, within
Location of road* one mile of the depot at Hillsboro', in the county of Orange,
via Mangum's Store, in Orange county, Knapp O'Reeds
and Tally Ho, in Granville county, to the town of Oxford,

1870-71.— Chaptek 265. 425

in Granville county, or by any other route more practicable, 1

to be ascertained by actual survey, between the aforesaid
points ; Hillsboro', in Orange county, and Oxford, in Gran-
ville, being the termini of said railroad, and such company,
"when formed as hereinafter directed, shall have power to Corporate powers. 1
receive papers, own and transfer real and personal property j

and estate, to have a common seal, and to pass such by-laws J

not inconsistent with the laws of this state as may be neces- ;

vsary to carry out the objects of the corporation ; they shall ;

be capable in law of suing and being sued, pleading and \

being impleaded, and shall have and enjoy all the rights of ^

other corporate bodies under the laws of this state ; to have •

land condemned for right of way according to existing laws, ;

and for all other purposes necessary to carry into effect the
purposes of said company, and shall generally have and pos-
sess all the rights, privileges and immunities, and be subject
to the limitations and restrictions of corporate bodies in this i

state, and shall have the exclusive right to transfer and carry j

persons, produce, merchandize and minerals on and along j

«uch railroad at such prices as they may fix. ;

Sec. 2. That for the purpose of creating the capital stock Commissioner to
of such company, John U. Kirkland, Thomas B. Hill, P. B. tious.
Rnfhn, Frederick Nash, James Webb, Jr., C. E. Parish,

John W. Laws, Pogue, William Faucett, Dr. John

Berry, Dr. James F. Cain, William Lipscomb, Walker
Latta, Eobert Webb, Addison Mangum, John B. Leathers,
William Parish, George W. Jones, Joseph Woods, James
S. Amis, T. Brown Venable, John W. Hays, and Willis
Jenkins, or any three of tliem, are hereby appointed com-
missioners, whose duty it shall be, as soon after the passage
•of this act as may be, to appoint such commissioners to open
books of subscription at such places and at such times as to
them shall seem best, and under such rules and regulations
AS they may prescribe; such subscription or any part thereof
may be received payalJe in money, lands, labor or material
necessary to the construction of said road, bonds, stock or
other valuable credits, in such manner and on such tenna as

receive subscrip-

426

18T0-'71.— Chapter 265.

Meeting of stock-
holders.

shall be agreed between said company or its coinmiiseionerK
or agents and such subscribers.

Sec. 3. Tliat whenever the sum of twenty-live thousand
dollars shall have been subscribed to the capital stock of
said company, it shall be the duty of the commissioners
aforesaid, anj three of whom may act, to call a general meet-
ing of the stockholders, after giving such notice as to them
shall seem sufficient and at such timos and places as tliey
shall determine, and at all general meetings of said st#ck-
holdere not less than a majority of all the stock subscribed,
shall constitute a quorum for the transaction of business, and
said stockholders when so met in general meeting, shall have
President and Di- power, and it shall be their duty to electa president and five

TGCtors

directors for said company ; and in electing such president
and directoi-s and in enacting such laws as may be necessary,
each share of stock represented in person or by )»roxy ehall
be entitled to one vote ; Provided, If a majority of such
stockholders shall not attend said first general meeting, such
as do attend and are present may adjourn from time to time
until a majority shall appear in person or by prox}*.

Sec. 4. That it shall be the duty of said stockholdei-s at
their first general meeting to prescribe the manner and
terms in which payments of stock on the subscription books
shall l)e made.

Sec. 5 That it shall be the duty of the president and
directors of said company to appoint a treasurer who shall
remain in office such a length of time as the company in
their by-laws shall determine, and said president and directors
shall remain in office one year and until their successors aije
chosen and qualified, and shall have a general sontrol atwj
direction of the affairs of said company, and shall appoint
some suitable person a chief engmeer, whose duty it shall be
to make the necessary surveys for the location of said rail-
road, and furnish the president and directors with such survey
or surveys and estimate of the cost. Said directors shall
have power to fill any vacancy that may occur in their
board, and in the absence of the president elect one for the
time. They shall also appoint a sccretai-y whose duty it

Treasurer

Engineer.
Survey of road

Vacancies.

Secretary.

1870-71.— Chapter 2G5. 427

shall be to keep a tair and correct record of the proceedings
ot said board and of all the proceedings of the stockholders
in general meetings in a book to be provided for that pur-
pose.

Sec. 6. That the president or board ot directors shall at least Annual report.
once a year, make a full report on the state of the company
and its affairs to a general meeting of the stockholders, and
oftener if required by any by-laws of the company, and also,
call a general meeting of the stockholders whenever they
may deem it expedient, and the company may provide in
their by-laws for occasional meetings being called and pro-
scribe tl*e mode thereof.

Sec. 7. That all persons, tlie commissioners of any county County or corpo-
, , . . , . 1 11 1 p 11 rate subscriptions

or tlie authorities ot any corporation sliali have lull power

and authority to subscribe to the capital stock of said com-
pany to tlie amount they shall be autliorized to do by the
inhabitants ot said county or incorporated town, or the
proper authorities of any corporation to the amount they
shall be anthorized to do by the inhabitants of said county
or town, and they may issue bonds or other evidences of
debt to enable them to borrow money to pay such subscrip-
tion. The said subscription to be made by any agent or
agents of such county, town or corporation properly autho-
rized by them to make the same ; when so made shall be
binding on such count}', company or corporate bod}' in the
same manner and to the same extent that it is on the indi-
vidual subscribers, and such body corporate or company or
county shall be represented in all general meetings of the
stockholders.

Sec. 8. That if the capital stock of said company autho- Increase of capi-
rized by this charter be insuthcient to carry out the pur-
\x)Bes of the same, it may be increased by said company to
fifteen hundred thousand dollars.

Skc. 9. That said company mav begin the construction of Commoncoment
J . it"/.! • T ^^ construction.

snia road at any point on the line ot location according to

their discretion, and that for any portion of said road ac-

. tually constructed, the said company shall be entitled to all

428 1870-'71.— Chaptee 265—266.

the privileges of this act into an,d over such part so con--
strncted.
Power to mort- Sec. 10. For the purpose of securins: the building of said

gage franchise. j i i n i i

road, the company shall have power to mortgage, sell or

lease the same with all its franchises or any part thereof.

When act to be in Sec. 11. That this act shall be in force from and after its-
force.

ratification.

Eatified the 5th day of April, A. D. 1871.
CHAPTEE CCLXYL

AN ACT TO AUTHORIZE S. A. KELLY, 8HEKIFF OF DAVIE
COUNTY, TO COLLECT ARKEAES OF TAXES.

Ses^for"^ and SECTION 1. The General AssemUy of North Carolina do
1869. enact, That S. A. Kelly, sheriJff of Davie county, is luereby

authorized and empowered to collect arrears of taxes in said
county for the years one thousand eight hundred and sixty-
eight and one thousand eight hundred and sixty-nine, but
the power given under this act shall expire w'ithin twelve
months after its ratification.

Sec. 2. That no person shall be compelled to pay any
such arrears of tax who will make oath that the same has
been paid, nor shall the representatives of estates of deceased
persons be compelled to pay such arrears.

men act to take Sec. 3. That this act shall take effect from the date of its,
effect.

ratification.

Eatified the 6th day of April, A. D. 1871. :

187(>-'71. -Chaptek 267—268. ^

CHAPTER CCLXYII.

AN ACT TO PREVENT TUE OBSTRUCTION OF NEWPORT RIVER
IN CARTERET COUNTY.

Section 1. The General Assemhly of Worth Ccrolina do Penalty for ob-
enact, That if auy person or persons shall obstruct the free port^rlver. ^^'
navigation of Xewport river in the county of Carteret, at
any point from the mouth of said river to tlie head of tide
water, by cutting trees, sinking logs, or in any manner in-
jure the navigation of said river, they shall be guilty of a
misdemeanor, and upon conviction thereof before any justice
of the peace for said county, shall be imprisoned not less
than thirty nor more than sixty days, and fined not less
than fifty nor more than one hundred dollars; Provided^
That bridges for public or private convenience shall not be
considered obstructions within the purview of this act.

Sec. 2. That said fine shall be distributed as follows : one- Disposition of

half to go to the county for the benefit of the common °^'

schools and the other half to be paid to the informer.

Sec. 3. This act shall be in force from and after its ratifi- When act to ije
. . in force,

cation.

Ratified the 6tli day of April, A. D. 1871.

CHAPTER CCLXIII.

AN ACT TO AMEND SECTION FOURTEEN, OF CHAPTER NINETY-
THREE, OF THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND
SIXTY-EIGHT AND ONE THOUSAND EIGHT HUNDRED AND SIXTY-
NINE, RELATIVE TO WIDOWs' YEARs' SUPPORT.

Section 1. The General Assemhly of North Carolina do Amendment.
enact^ That section fourteen (14) of chapter ninety-three
(03) of the la\w6 of one thousand eight hundred and ^ixty-

430

1870-'T1.— CnAi>TEK 268- 269.

e'ght and one thousand eight hundred and sixty-nine, be
amended so as to read as follows : upon the application of
the widow, the personal representative of the deceased shall
apply to a justice of the peace of the township in which the
deceased resided, or of some adjoining township, to summon
two persons qualified to act as jurors, who having been
sworn by the justice to act impartially, shall, with hira,
ascertain the number of the family of the deceased according
to the definition given in section eleven (11) of this act, and
examine his stock, crop and provision on hand, and assign
to the widow so much thereof as will not exceed the value
limited in section ten (10) of this act, subject to the deduc-
Proviso, tien pregcril;)ed in section twelve (12) of this act; Provided,

hxno&ver^ That in case there shall be no administration upon
said estate, the widow herself may make the application, and
it shall be the duty of the justice to proceed in the same
manner as though the application had been made by the
administrator; Provided^ further^ That in all cases, if there
be no crop, stock or provision on hand, or not a sufScient
amount, the commissioners may allot to the widow any
articles of personal property of the intestate, and also any
debt or debts known to be due such intestate, and such allot-
Hient shall vest in the widow the right to collect the debts
thus allotted.

Katified the Gth day of April, A. D. 1871.

CHAPTER CCLXIX.

Ajy ACT TO MAKE DEEP RIVER A LAWFUL FENCE TO A CERTAIN
EXTENT IN RANDOLPH COUNTY.

Deep rirer a law-
ful fence.

Section 1. The General Assemhly of North Carolina do
enact, That Deep river shall be a lawful fence from Columbia
factory, in Randolph county, to the Moore county line ; Pro-

1 S 70-71.— Chapi-ek 269—270. 431

mded, That all persons or parties taking the benefit of this

act shall connect their fences with said river.

Sec. 2. Tliis act shall t<ike etfect from and after its rati- When act to take

effect,
ncation.

Eatiiied the 6th day of April, A. D. 1871.

CHAPTER CCLXX.

AN ACT TO TRANSFER FROM THE NORTH CAROLINA RAILROAD
COMPANY TO THE ATLANTIC AND NORTH CAROLINA RAIL-
ROAD COMPANY, AND TO CONSOLIDATE THAT PORTION OF
NORTH CAROLINA RAILROAD BETWEEN GOLDSBORo' AND
KALEIGH WITH THE ATLANTIC AND NORTH CAROLINA RAIL-
ROAD.

Section 1. TJie General Assemhly of North Carolina do stockholders of
enact^ That it shall be lawful for the stockliolders of the Raih-oad may
I'J'orth Carolina Railroad Company, at any meeting held
within ten months after tlie passage of this act, according to
the charter and by-laws thereof, to transfer to the Atlantic
and North Carolina Railroad Company all that portion of
the Korth Carolina Railroad between Goldsboro' and the
passenger depot at Raleigh, with all the rights, franchises and
privileges owned and possessed by the said road therein.

Sec. 2. That at any meeting so' held, the proposition shall Projxisition to be

, 1 i" 1 J • 1 AT X r^ eubinitted to pri-'

be submitted to the private stockholders ot said JNortii Car- vat*;stockhoidei6.
olina Railroad Company, that the said North Carolina Rail
road Company transfer to the Atlantic and North Carolina
Railroad Company all that portion ol the Noi'th Carolina
Railroad lying between Goldsboro', and Rakigli, and
As> an equivalent therefor, the Atlantic and North Caro-
lina Railroad Company shall admit the Noith Carolina liail- {;^^^|^i!'" °^
road Company as a stockholder to tJie amount of six hun-
dred and fifty thousand dollars, and be entitled to vote
therein, in the pro]:»ortion of the stuck owned in the Atlantic

432 1870-71.--CH AFTER 270.

and JS'orth Carolina Railroad Company ; and said vote
shall be fby proxy elected by the North Carolina Eail-
road Company at its annual meetings. This transfer to go.
into effect upon the acceptance of the proposition contained
in section three by the Atlantic and North Carolina Rail-
road Company and the transfer indicated in section one. <t

Rates of ft-eight Sec. 3. That the tariff ot rates for carryino^ freights or
and fare. . , -^ , . ,

passengers on that portion ot the said road between Raleigh
and Goldsboro', shall be the same whether the said freight
or passengers are destined to or from Newbern or More-
head City and way stations on the Atlantic and North Caro-
lina Railroad, or to or from Wilmington or any way station'
on the Wilmington and Weldon Railroads, and equal facili-
ties shall be furnished both said roads in the transfers of
freight or in furnishing and transferring through cars.

Officers of North Sec. 4. That if the private stockholders t)f the North Car-
Carolina Railroad t t-, -i i i i i i • /• • ^
may lease portion olina Railroad shouid not at tlieir nrst meeting hereaitery'^:

accept and consent to the consolidation and transfer herein

provided for, or for any other cause the same be not carried

into effect within six months from the ratification hereof,.

the proper officers of the North Carolina Railroad Company

are hereby authorized and empowered to lease to the highest

bidder, under such regulations as they may prescribe, that

portion of their road between Goldsboro' and Raleigh, for

a term of years, not less than five nor more than twenty, and

at a price not less than twenty thousand dollars jyer annurriy

or not less than a sum ten per cent, greater than the present

net profits of that portion ol the road as near as the same

may be ascertained, whichever may be most advantageous ta

the North Carolina Railroad Company.

Question to be Sbc. 5. That afi soou as practicable after the passage of

8U imitted to _ '^ ...

siockhoiders of ^ this act and the acceptance ot the foregoing proposition by
Railroad. ' the pri\"ate stockholders of the Nofth Carolina Railroad
Company, a meeting aliaJl be called of the stockholders of
the Atlantic and North Carolina Railroad Company, to con-
sider the transfer herein provided for, at which meeting this
question shall be submitted to the private stockholders.
That the North Carolina Railroad Company shall be ad-

18T0-'T1.— Chapter 270—271. ^^35

mitted as a ^ockholder to tbe amount of eix liui>dfed and
fifty thousand dollars of stock and be entitled to vote therein
in the proportion of the stock owned in the Atlantic and
North Carolina Railroad Company, and as an equivalent
therefor, the North Carolina Railroad Company shall make
the transfer to the said Atlantic and North Carolina Rail-
road Company ot that portion of said North Carolina Rail-
road between Goldsboro' and Raleigh.

Sec. 6. That portion of the North Carolina Railroad lying f^;^]^^';.;^^^ ^^^t?"

between Goldsboro' and Raleigh thus transferred to the iectto piedgeBof

" , . North (Jarolina

Atlantic and North Carolina Railroad Company, taken in road,
pursuance of this act, shairbe subject to the same pledges
and bound in the same manner to the holders of the bonds
of the state issued for building the North Carolina Railroad
as the stock in said company is now bound.

Sec. 7. Upon the acceptance of this act as provided in Immediate trans-
section two, and section three, the North Carolina Railroad
Company shall immediately make the transfer provided for
in section one.

Sec. 8. This act shall take effect from its ratification for When act to taka-
the purposes indicated, but shall be of no binding force
against the state until accepted by the private stockholdera
of the corporations herein mentioned.

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

CHAPTER CCLXXI.

AH Ad TO ALLOW THE REGISTRATION OF DEEDS UPON CERTAIN

PROOFS.

Section 1. The General Assembly of Nm^ih Carolina do RcgiBtration of
enact. That wlienever the subscribing witness to any instal- Jj'ia^proof" ^^^
ment required or allowed to be registered, shall be a non
resident, or shall be dead, and the maker shall also be a non-
resident or dead, the proof of the liandwriting of such wit-

434

1870-'7L— Chapter 271—272.

When act to be in
force.

uess and that of the maker before the judge of probate of
the eonuty where the iustrninent is souglit to be registered,
shall be sufficient evidence of the execution thereof to admit
the same to registration, and in case such maker sliall have
subscribed with a mark onl)', the proof of the signature of
such witness shall be sufficient.

Sec. 2. Whenever any such instrument shall not have a
witness and the maker thereof shall be a non-resident or
dead, proof of his handwriting shall be sufficient to admit
the same to registration.

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

Eatified the 6th day of April, A. D. 1871.

CHAPTER CCLXXII.

AN ACT TO mCORPOEATE TUE WALNUT MOUNTAIN TURNPIKE

COMPANY.

Corporators.

Section 1. The General Assembly of North Carolina do
enact, That B. B. Whitington, S. Anderson, E. B. Hol-
combe, W. J. Norton, Charles McPeters, J. B. Calahan, J.
G. Anderson, J. A. Lewis, W. C. Lewis, James Ramsay, J.
S. McElroy, and W. B. Murray, and B. W. Cox, be and they
are hereby authorized and empowered to construct a turn-
Corporate name, pike road to be known as tiie Walnut Mountain Turnpike
as nearly as may be expedient upon the road now leading
Location of Turn- from the dividing ridge at the Tennessee line, connecting at
^ ^' that point with the new turnpike going from Jonesboro',

Tenncasee, to the North Carolina line, and terminating at
Kelsey's store.
Coramissiouers to Sec. 2. That when the said B. B. Whitington, P. Ander-
son, E. B. Ilolcombe, W. J. Norton, Charles McPeters, J. B.
Callahan, J. G. Anderson, J. A. Lewis, W. C. Lewis, James
Ramsay, J. S. McElroy, W. C. Murray and B. W. Cox,
their associates, successors or assigns sliall have completed

view load.

ISTO-'TL— CirATTKK 272.

435-

tlieir constfuc'tioii of &aid road, it shall be viewed by Samnel
Edwards, Joiin Kainsay and Burnet l^y, commissiowers, or
ft majority ot tliem sha'l give to the said persons, consti-
tuting the Walnut Turnpike Company, as aforesaid, their
associates, succesbors or assigns, a certitieate under their
liands, that said road is well constructed on a grade to be
determined u]ion by the commissionei^ hereafter appointed
in tliis act or a majc^rity of them, and that it is in as good
condition as it can reasonably be made, they, the said parties
constituting the Walnut Mountain Turnpike Company, their
associates, successors or assigns shall have y>ower to erect a
gate on any point of said road, and to c*ollect such tolls as
tJiey, the aforesaid Turnpike Companj, may tix for passage
over said road, not to exceed the following rates, viz :

For

' hogs or cattle, e<ich,

cents.

Rates of toll

loose horses.

single horsemen,

((

one liorse wagon,

((

two horse wagon,

tliree horse wagon,
tour or six horse wagon.

75
$1.00

((

one-horse buggy,

50 cents.

one-horse carriage,

Provided^ That the said turnpike com]\any, their aseo- Proviso^
ciates, successors or assigns shall, at all times, keep said road
in good condition ; ,4 ?;*'/, ^>>roy?V7<:Y7y^?/;'^//tv, That no toll shall
be collected on said road fi-om any person passing on said
road to any chui-ch or public mill within five miles of the
same, nor shall any person residing within five miles of the
same lie charged more than one-half the tolls fixed.

Sec. 3. That the said turnpike company, their associates Term of clmrtcred
or assigns, shall have the powers and authorities herein ^ ^^
granted for the term of twenty-five years, and shall lie sub-
ject to in<lictment and liable to all the jiains and penalties
for failing or neglecting to kec}) said road in ])roper repair

436

1870-71.— Chapter 272—273.

When act to be Ln
force.

and condition, as is aflSxed by law to such failure and neglect
on the part of said company in relation to said road.

Sec. 4. That this act shall be in force from and after its
ratification.

Katified the 6th day of April, A. D. 1871.

CHAPTER CCLXXIII.

AN ACT TO INCOEPOKATE THE CAKTHAGE AND RANDOLPH KAIL- ;
EOAD COMPANY. 1

Shares.

Corporate name.

tJapitai stock. SECTION 1. Tlie Genei'ol Assemlly of North Carolina db

enact, That a company is authorized to be formed with a
capital stock of five hundred thousand dollars, to be divided
into shares of fifty dollars each, to be called and known sm
the Carthage Randolph Railroad Company, for the pur-
pose of building and constructing a railroad with one or
more tracks, to be used with steam or other motive power,

Location of road, from some point near the town of Carthage, in the county of
Moore, through said county and the county of Randolph to
some point near Franklinsville or Ashboro', the most prac-
ticable route, and such company, when formed as hereafter
directed, shall have power to receive, possess, own, donate,
purchase or otherwise, and transfer real and personal pro-
perty, to have a common seal, and to pass such by-laws, not
inconsistent with the laws of this state as may be necessary
to carry out the objects of the corporation, shall be capable
in law of suing and being sued, pleading and being impleaded,
and shall have and enjoy all the rights of other corporate
bodies under the laws of this state, to condemn land for right
of way, and all other purposes necessary to carry into efiect
the purposes of said company, and shall generally have and
possess all the rights and privileges and immunities usually
granted to corporate bodies in this state, and shall have the
exclusive right to transfer and carry persons, produce, mer-

Rights and privi-
leges.

1870-.'71.— Chapter 273. 437 j

i
<chaiidize, minerals, etc., tfec, on and along such railroad at
«nch rates as they may fix.

Sec. 2. That for the purpose of creating capital stock of o^™™ooks"o'/ *** '

such company, Alexander Nelly, Thomas Tyon, Wm. B. subscriptions. ■

Eichardson, A. II. McNeill, A. E. McDonald, Dr. II. Tur- j

ner, Dr. J. M. "Worth, M. S. Eobbins, Jonathan Lassiter, ]

George Makepeace, and Alexander Ilorney, are hereby \

appointed commissioners, whose duty it shall be (or a major- \

ity of them,) as soon after the passage of this act as may be, j

to appoint such persons to open books of subscription at such \

places and at such times as to them shall seem best, and under I

such rules and regulations as thej' may prescribe. \

Sec. 3. That whenever the sum of twenty-five thousand General meeting I

,.11' • 1 o' stockholders. '
oolJars or more shall have been su! bcribec to tiiC capital

etock of said company by solvent eub8cri'bers7 it shall be the ;

duty of the commissioners, or a majority of tliem aforesaid, to \

■call a general meeting of the stockholders aftei' giving such '

notice as to them shall seem sufficient and at such times and i

places as they shall determine, and at all general meetings

■of said stockholders not less than a majority of all the stock I

subscribed shall constitute a quorum for the transaction of '

business, and said stockholders, when so met in general I

meeting, shall have power and it shall be their duty to elect !

a president and five directors for said company, and in the President and Di- \

election of officers and enacting such by-laws as may be ' *

necessary, each share of stock represented either in person \

or by proxy, shall be entitled to one vote ; Provided^ If a ■]

majority of such stockholders shall not attend said first gen- 5

eral meeting, such as do attend may adjourn from time to ;

time until a majority shall appear. \

Sec. 4. That it shall be the duty of said president and Secretary and ]

•^ -^ Treasurer. j
directors of said company to appoint a secretary and treas-
urer, who remain in office such length of time as the com- Terms of office;
pany in their by-laws shall determine, and said president
and directors shall remain in office one year and until others
are elected, and shall have general direction and manage-
ment of the affairs of said company ; said directors shall
have power to fill any vacancy that may occur in their board

438

ISTO-'Tl.— Chaptkk 273.

Anaufil report.

County and cor-
porate subscrip-
tions.

Riiiht to condemn
lands.

Sui'vcy.

and in the absence of the president to elect one for the time;
they ghall make it the duty of the secretary to keep a fair
and correct record ot the proceedings of said board and all
the proceedings of the stockholders in general meeting in a
book to be provided for that purpose.

Sec. 5. That the president or board of directors shall at
least once a year make a full report on the state of the com-
pany, and its affairs to a general meeting of the stockholders,
and oftener if required by any by-laws of the company, ai.d
also call general meetings of the stockholders whenever they
deem it expedient, and tlie company in their by-laws may
provide for occasional meetings being called and prescribe
the mode thereof.

Sec. 6. That all persons, the commissioners of an}^ county
or the authorities of any incorporation shall have full power
and authority to subscribe to the capital stock of said com-
pany to the amount they shall be authorized to do by the
inhabitants of said county or any corporated town, or the
proper authorities of any incorporation to the amount they
shall be authorized to do by the inhabitants of said county
or town, and they may issue bonds or other evidences of
debt to enable them to borrow money to pay such subscrip-
tion, the said subscription to be made by any agent or agents
of such county, town or cor|X)ration properly authorized by
them to make the same, when so made shall be binding on
such county, town or corporate body in the same manner
and to the same extent that it is on the individual subscribers,
and such body corporate or company or county shall be
represented in all general meetings of the stockholders.

Sec. 7. That the right of said company to condemn lands
m^itioned in section the first of this act shall be the same
i^ranted to the Chatham Railroad Company, and that all lands
on which the road may be located not heretofore granted by
the state within one hundred feet ot the centre of said road
which shall be constructed by said cx^mpany, shall vest in the
company as soon as the line of said road is definitely laid out.

Sec. 8. That for the purpose of ascertaining the best
route for said road and to locate the same, it shall be lawful

tS70-7l.— Chapter -273- 574 439

for said company by its engineers, servants and agents to
enter npon, examine and survey any land or lauds they may
wish to examine for such purposes free from any liabilities
whatever.

Sec. 0. That said company may begin the construction of Oomiuenceuicnt

■^ • ./ o .of coustruction,

said road at any point on the line of location accordmg to their

discretion, and that for any portion ol said road actually con-
structed, the said company shall be entitled to all the privi-
leges ot this act into and over such part so constructed.

Sec. 10. That the Carthage and Eandolph Railroad Com- Conditions of

° , , • . . .1 subscriptione.

pany shall have power to receive subscriptions to its capital
stock, payable in real or personal property at such valuation
as may be agreed on between the company and the sub-
scribers.

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

CHAPTER CCLXX I Y.

AN ACr TO LAV OUT AND OONSTKUCTf A KOAD IN THE COUNTY

OF ASHE.

Section 1. The General AssenMy of North dirolina do Location of road.
enaH, That there shall be laid out and established a road in
the county of Ashe, commencing at or near David Worth's
jstore, to run as follows : Up Three-Top creek to the mouth
of Ben Bolen, from thence to Ray's mills on Buffalo, from
thence to intersect the Bakersville aad Sparta turnpike road
at or near G. H. Hamilton's mills.

Sec. 2. That the said road shall l>e ma<le eighteen feet jK-sciipUon mA
wide, except where there shall be side cuttings, and in such ^'"^ ^'
places it shall be fourteen feet wide, and tliat the said road
£hall be located on the best grade possible, and shall l>e well
ajiade as is hereafter provided.

Sec. 3. That E. C. Hartzog, John Osborn and Peter Mc- Commissioneis
Neil, are hereby appointed commissioners to lay out and
26

4iO

1870- 71.— Chafier 274.

Coiulenination fif
propeity.

Countj' Commis-
sioners may rail
cut bands.

Proviso.

When act to be in
force.

establish said road, wLo shall take an oath before tlie chair-
man of the board of eoinmissioiierB of Ashe county, to faitli-
tnllj' discharge their duties for the best interests of their
county.

Skc. 4. That it the owners of any lands through which
said road shall pass, shall consider him, her or themselves
iiijrrcd thereby, it sh:'.Il be competent for such person or
persons, by [)etition to the county commissioners of their
county, praying for a jury to view the premises and assess the
damages sustained, and it shall be the duty of the commis-
sioners to order such jury to be summoned as in case of such
public roads, and it shall be the duty of the jury to take intt>
consideration the l)enefit to the land as well as the injury
done by making said road, and on report of the jury made
to and confirmed by the county commissi on ei-s, the damage
shall be paid l)y the county.

Sec. 5. That if any }>erson or persons sliall claim damages
and call for a jury to assess them, and none are found, the
person or ])ersons so calling shall defray all the expenses in
the case.

fe>Ec. 6. That the county commissioners shall have }H)wer
to call out all hands of the county, liable to work on public
I'o-ads under existing laws, wlio reside within 07ie and one-
Iialf miles of said road, by compass line, at such times and
for such length of feime as will not materially coJiflict with
tlie farming interests of the count}', to construct tlie road.

Sec. 7. Provided, That no person shall be required to
work more than thirty days on said road in any one yeiir.

Sec. 8. That when the road has bet^n constructed as
herein provided, it shall be the duty of the township board
of trustees, through whose township said r-oadruns, to reeeive
the same, and report to the county commissionei*s that said
load has been constructed according to law.

Sec. 9. That this act shall be in force from and after its.
ratification.

Ratified the ()th day of April, A. D. 1871.

1S70-'71.— Chaptee 275—276. 441

CHAPTER CCLXXY.,

..AN ACT TO PREVENT THE FELLING OF TREES EN CAERAWAY
CRKEK, IN RANDOLPH COUNTY.

Section 1. The General Asseiiihly of Nmili Carolina do
'^micU That it shall be unlawful for any person or persons to
fell any tree or trees in Carraway creek, in Randolph county,
frou] the mouth of said creek t-o Kew Market foundry in
said county.

Sec. 2. Any person or persons violating the first section Penalty for fel-

. 1 . ' • • ^^ ^ J..- ^v. X J ling trees in Cara»

■~ A this act, or procnrnig, aiding or abetting others to do so, way creek.

lie, she. or they so offending, shall forfeit and pay for each

n-ee f^-lled and left in said Carraway creek, for the space of

ton days, the sura of live dollars, and the amount so forfeited

shall be applied to the poor of the connty, the said i>enalty

to Ix; recovered before any justice ot the pe^ac€ for said

county, within the txjwnship in wliich tlie offence is or may

be committed.

Sec. 3. This act shall be in force from and afler its ratifi- When act to be ijt

force,
cation.

Ratified the fith day of April, A. D. 1S71.

CHAPTER CCLXXVI.

AV ACT TO KBI'KAL Alf ACl' (CONCERNING CON3TARLES IN NEW
HANOVER OOLNTV, RATIFIED THE TWENTY-SIXTH DAY OF
M.AKCH, ONK THOUSAND EIGHT HENKRED AND SEVEJS'TV'.

S.;<^ri-oN 1. llt^ General AaftnnUy of North Carolinu do Repeal of aetot

-^,9Xfu:f^ 1 hat an act entitled an act concerning constables m

New Hanuver county, ratified the twenty-sixth day of March,

;inno domini one thousand eight hundred and seventy, being

foinid in chapter one hundred and forty-six, jniblic acts of

442 1870-'71.— Chapter 276—277.

one thonsand eight hundred and sixty-nine, and one thou-
sand eight hundred and seventy, be and the same are hereby
repealed.

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

fication.

Eatified the 6th day of April, A. D. 1871.

CHAPTER CCL XXVII.

AN ACf TO PPj;)VrDE A CHEAP CHATTEL MORTGAGE. ,

Section 1. Th4i Geiwnd Asseinhly of N(yt'ili Carolina dt^
enact, That any person indebted to another in a sum to be
secured, not exceeding at the time of executing the desd
herein provided for, the sum of three hundred dollars, may
execute a dfeed of trust, in form substantially that which
follows :

-rra of deed of I^ , of tlie county of , in the state ot

IS^orth Carolina, ani indebted to , of , . . . county,

in said state, in the sum ot dollars, for which he

holds my note to be due the day of , A. 1).

18, ., and to secure the payujent of the same, I do hereby
convey to him these articles of personal property, to wit :
but on this s})ecial trust, that if I fail to pay said debt and

interest, on or before the day of , A. D. 18 . . ,

then he may sell «nd property, or so much thereof as may
be necessary, by public auction for cash, first giving twenty
days notice at three public places, and apply the proceeds of
such sale to the^discharge of said debt and interest on the
same, and pay any surplus to me. Given under my hand
and seal, this .... day ot , A. D. 18 . . .

•JSEAL?;

1870-71.— Chapter 277— 2TS. 443

Sec. 2. That sucli deed of trust shall be ffood to all intents Fees of Probate

, , 1 n 1 1 1 • ^ J Judge and Regis-

and purposes, when the same shall be duly registered accor- terof Deeds.

ding to the present provisions of law ; Prcmid^d, n£fverth&-

Jess, The probate fee of the probate judge in such cases shall

be only ten cents, and the fee of the register shall be tiventy

cents, and no other fee or tax shall be due on account of the

same.

Seo. 3. This act shall be in force from and after its rati- }Vhcn act to be in

force,
tication.

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

CHAPTEE CCLXXYIII.

AN ACT TO AMEND THE CHARTER OF THE WILLIAMSTON AND
TARBORO' EAILROAD COMPANY.

Section 1. The General Assembly of North Carolina do Manner of voting
e7iact, That at all meetings of the stockholders of the Wil-
iiamston and Tarboro' Railroad Company, each share of
stock represented in person or by proxy shall be entitled to
one vote, and that any meeting shall be considered duly or-
ganized when a majority of stock shall be represented ; I^ro-
rided, That no one shall be allowed to act or vote as a
proxy who is not a stockholder in said company.

Sec 2. That all acts and parts of acts inconsistent with Repealing clause,
this act are hereby repealed.

Sfia 3. That this act shall go into effect when the same is ^viien act to take

° . . effect,

approved by the stockholder holding a majority of stock at

a meeting held in accordance with the provisions of this act.

liatified the 6th day of April, A. D. 1871.

4i4 1879-'71.— Chapter 279—280. ' :i

CHAPTEK CCLXXIX. ■

AN ACT FOR THF BETTEE PROTECTION OF THE LITERARY FUND.

SfSndSn Section 1. Th4 General Asmtibly of Nwth Carolina do I

from Board of enact, That hereafter it shall not be lawful for the board of i

EducaUon. i • i '

education to loan any amount of the public funds under j

their control, or expend the sum tor any purpose whatever,

except by the direction of the legislature. I

Whea'acttotein Sec. 2. This act shall be in force from and alter its rati- !

lorce. '■

fi cation.

Katified the 6th day of Apiil, A. D. 1871. • I

CHAPTER CCLXXX.

AN ACT supplemental IXJ AN ACT TO CHANGE THE BOUNDARY
LINE BETWEEN THE COUNTIES OF EDGECOMBE AND NASH.

Certain township SECTION 1. The G&neral Assembly of North Carolina do-

officers to con- '' "^

tinue in office. enact. That all the township officers residing in this portion

of the county of Edgecombe, which by an act entitled " an.

act to change the boundary line between the countiv^s of

Edgecombe and Nash," was annexed to the county of Nash,.

be and they are hereby contirued in their said office until

the next regular election, and all of the acts of said officers

between the passage of said act and the ratification of this

act are hereby confirmed and made valid.

When act to take Sec. 2. This act shall take eii'ect from and after its ratifi-
efiect.

cation,

PtadHed the 6th day of April, A. D. 1871.

1S70-'71.— Chapter 231—282. 445

CHAPTER CCLXXXI.

AN ACr 'JO KEPEAL ANT ACT TO PKOVIDE THE MANNER OFIRmG-
mo PUTT AGAINST RAILROAD OiWIPANIES, JiATIFIED TUE
TWET.iTfl PAT OF AI'RIL, ANNO DOMINI ONE 'IHOUBAND EIGHT
HUNT RP.r> A.'«i> SIXTY-NINE,

Seciidij 1. ^j'he General Assembly of North CaroUria cU> Rei)etti.
enact, Tliat oIi.i;>ter two hundred and titty-seven, (257) laws
of 180S-'6O, !)e and the same are hereby repealed.

Sec. 2. This act shall he in force and take etfbct from and wiie.iaot to be in
after its ratification. "'^^'*''

Ratified the 0th day of April, A. D. 1871.

,CH AFTER CCLXXXII.

AN ACT IN RELATION TO THE EXECUTIVE MANSION, THE PUBLIC
LOTS AND OTHER PROPERTY BELONGING TO THE STATE IN THE
CITY OF RALEKtH.

Sechon 1. The General AssetiMy of North Carolina do Governor may
enact, The <,^overnor is authorized and directed to lease the MausSr"^'''''
executive mansion and the ground attached to the same,
])rovided he does not choose to occupy the same as a family
residence, to some suitable and discreet person or persons
for the period of twelve mouths, and at such price as he may
deem reasonable and just; and he is authorized to have such
repairs made upon the said building and outhouses and KepMirs, Ac.
fences enclosing the same as he may deem necessary to pre-
serve the property and keep it from ruin and decay, and for
such ])urposes he may use the proL'eeds of tlie lease of this
l)roperty, and the proceeds of the lease of other jmblic lots,
and such sums of money as may be collected for rents Jiow
due.

446

1870-71.— Chapter 282.

Governor to col-
lect rents, &c.

Supervisor ot
public lots.

Supervisor to
lease properties.

Penalties for tres-
pass OH public
lots, or violation
of tbisact.

Committee to
take invealory of
fire-arms, weights
and measures, &c.

Sec. 2. Tlie governor is farther authorized and directed
to collect by suit or otherwise, all such sums of money as
may now be due for rents accrued, and he is further em-
powered to adjust and settle with the Raleigh and Gaston
Kailroad Company any claim which the state may have
against said company for the use ol its property or for right
of way over any of th© public lots belonging to the state in
the city of Raleigh.

Sec. 3. The keeper of the capital is appointed supervisor
of all the other public lots belonging to the state in the city of
Raleigh, except such as may be occupied by th'e Instilution
for the Deaf and Dumb, and the public schools, and he is
authorized to lease such lots or such part thereof as it may
be proper to lease, and upon such terms as may be reason-
able and proper, for the period of twelve months ; and he
is required to turn over the proceeds of such renting to the
governor whenever the same may be demanded, after retain-
ing for his services, ten per 'jent thereof.

Sec. 4. The General Assembly do further enact, That ii'
any person or persons shall wilfully trespass upon any of tlie
public lots aforesaid, or shall cut any timber- or commit any
waste, or shall refuse to surrender possession after the expi-
ration of their leases, or if any person or persons now in
possession of any of said lots above mentioned shall refuse
to leave the same and shall further refuse to surrender pos-
session within ten days after demand made by the keeper ol
the capital, said ]>erson or persons shall be guilty of a mis-
demeanor, and may be indicted in the superior couii; of
Wake county ; and it shall be the duty of said keeper of the
capital to reix)rt all such violations of law to the governor
or to the attorney general, and if any of the said persons
shall be convicted, they shall be fined or imprisoned, at the
discretion of the court.

Sec. 5. That for the better protection of the arms and
other state property, W. H. High, J. Q. DeCarteret and
James McGowan are appointed a committee to take an in-
ventory of the fire arms and other property in the arsenal,
and also an inventory of weights and measures, &c., now on

18T0-'71.— Chaptee 282-283. 447

liaiid, and take the receipt of the keeper of the capital tor
the same in duplicate, one copy of which shall be deposited
iu the executive ofBce and the other shall be retained by the
ieeper of the capital.

Sec.. 6, This act shall be in force from and alter its rati- ^^'^p" •'^^t to ^^ '"

force.

ication.

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

CHAPTER CCL XXXIII.

AN ACT TO CHANGE THE METHOD OF APPOINTING THE PEOXIES
AND DLRKnOES IN ALL 0ORPOEATION8 IN WHICH THE STATE
HAS AN INTBRIST.

Section 1. Ths General Assetiiblu of North Carolina do certain powers of

•^ *' ^ (Tovernor rcvokea

^iifiaet, That all power now vested in the governor of the
£tate to appoint a proxy or proxies or directors to represent
the interests of the state in any corporation or company in
which the state has an interest, be and the same is hereby
revoked and annulled.

Sec. 2. That the president of the senate and speaker ot Powers confernd

, , , . , , 1.11 on President of

the house oi representatives are hereby authorized and em- senate and

1 , -i.' • J 1 i.1 i. • i. 11 Speaker of House

proxies and directors in all corporations in which the state ^■'^*^®"

Jiae an interest.

Seo. 3. All laws in cjonflict with this act are liereby re- KepcAiing clause.

pealed.

Sec. 4. This act shall te in force from and after its rati- when act to be in

force.

/3ation.

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

PUBLIC RESOLUTIONS

OK THK

STATP] OF NORTH CAllOLliNA.

PUBLIC RESOLUTIONS

OF THE

STATE OF NORTH CAROLINA,

SESSION 18 70-'71

bEXAl E RESOLUTION- CONCERXIXG TUB EI.KUTION IN THE TWENTY-
SIXTH SEMATORIAf, DISTKICT.

WiiEKEAS, It is a matter of public history that on the Preamble,
tirst Thursday iu August laet, t\\e county ot Ahimance, coin-
])osinir a part ot the twenty-sixtli senatorial disti'iet, was
occupied hy military forces under tlie comujand ot his excel-
lency the governor of the state, wherein' tho ti'eedoin of
election therein was obetrneted, so that no \ alid clecti<;>n was
held for senators in that jiart of said twenty-sixti) district.

JieHolved h/ the Senate^ That a coniiuitbee of liirce Sena- invesiiKatinic
tors be appointed, whose duty it shall be to i)r(t('T!i-e and lay ^^"'"" '^'^'
betore the senate without nnne<;essary delay, duly uuthenti-
cited returns of the official vote tor senntoi-s caet by each of
the counties composing said twenty -sixth diftrii-t, to tlie end
that the senate may justly determine tlue (juestion of the
title to their seats, of the two senators now sitting as mem-
bers of this body from said twenty-sixth senatorial district.

llatilied the 2ytli day (A Noveml^er, A. D. Is7<».

)

452 ISTO-'Tl. — Eesolutions.

RESOLUTION PKOLARUST. A VACANCV IN THE T\VENTY-F< )UKTH
SENATOIAL ]>ISTRICT.

I'reambie. Whereas, ]>_)' the action of lii6 exc^llencj the governor,

in declaring tlie county of Caswell in a state of insurrec-
tion, and sending into said county a military force^ the citi-
zens of said county were depi'ived of that freedom of politi-
cal action, which is their undoubted right ; and

Whereas, in consequence thei*eof no valid election was
held in said county in August last ; therefore
Vaciuicy declared lleml:v^<l ^ That tliere is a vacancy in the senatorial repre-
district. sentation of the twenty-fourth district, com]x>sed of said

c<>unty.

liesolved fiiii/ir)\ That the president ol the senate be
directed to inform his excellency the governor of North
Carolina of the said vacancy, to the end that he may proceed
to have the same Hied as the constitution of the state and the
laws thereef direct.

Katified the 29th day of November, A. D. 1S70.

BESOLUTION KK^A f^TEXG THE oliMON OF THE AnORNEY GEN-
ERAL IN KEJ,Ant)N TO THK ^TATk's IXTEREST IN THE WIL-
MINGTON, ('HARLOTTE A N h KC J H KKFOKD RAILROAD COM-
3'ANY.

Opinion of AU-oi- JiesoJiyd, Si'nait' roncupfl n<j. That the attorney general
'juested. l>e and is Jiereby requeste^I to i-ender as soon as possible to

the general assembly, an oj)inion upon the rights and in-
terests of the state iu tlio "Wilmington, Charlotte and Ruth-
ei'ford Kailroad (/ompany. under existing laws.
Ratified the Sd day ol I)eceml)er, A. D. 1870.

187()-'71. — TvEsoLUTioKs. 453

-JOINT KESOi.l'TIoN OF IXSTlU'CnONS TO MEZ^fEEKS OF CONGRESS
IN RELATION TO THE PASSAGE OF A BU.L ESTTEODUCED AT TUE

LAST SESSION OF C^^NGRESS (aND NOW TENDING JJEFOKE THAT [

kody) ENTHj,Er> "thexokih CABOLINA EAILWAY EXTEN- '

SIGN COMI'ANV." :

1st. JiCsolvL'iI J>ij tJie IJoiis:,:' of Rejyresentative.'i, {theSt-ruiU: 8<-imtors and I

N HM i. i.1 i A i. 4.' V members of Con- '

^'onctirruu/,) iliat the senators and representatives ironi git-ss reiuiesteti to "

this state in the congress of the United States, be and they ^-^j^ ^' '"'"

rtre hereby respectfully requested and earnestly solioitcd to 1

vote for and use their ntnriost intiuence and endeavors to ii

secure the passage of a bill intixxluc-ed at the last se-ssion of ]

congress by the Hon. Alex. H. Jones, (and now pending J

before that body,) entitled the "!North Carolina Eaiiway i

Extension Company.'* 1

2d. ncsnJrcd further, That the clerk of the lionse of !

2-epresentatives be requested forthwith to furnish a copy ot I

these resolutions, to l)e signe<i l»y the president of the sen- [

Kite and speaker uf the house ol representatives, to Ije trans- ' '

mitted by him to tiach senator and member of congress frcnu j

this state. {

Ratified the 5th dav «il' Detsember, A. D. 1S70. ■

Horsi; lCK>;t>!.l HON KFU.A'JIVE to the EErRESENTATIVE FR(>M
J HE COl'N'JY OF HEniTORI).

Jlewlretl, That William i). Newsoni is entitled to a seat \Vm. D. Newsom

- t.\ • 1 A.\ ^ ^- J! ^\. A. ±- ^^ ^ declared a rt-pie-

in tins liouse as the rej)resentative of the county ot liert- eenuiive.
iord, and that he be tor with admitted.

Eatified the 5tli dav of December. A. D. 1870.

4-54 1870-71.— KEsoLrxioNS.

SENATE REtJOLUTION TO PKINT COPIES OF THE TREASLllEBa? i

I
REPORT.

Tieasu-cr's report Resolved, That there shall 1« printed for the use of thb-- i

to be priuted. i/./..

senate, three hundred and fifty copies of the treasurers- I

rejwrt. ■

Ratified the 5th day of December, A. D. 1870. '

KE&<^)LUTI0N OF INSTRUCTIONS TO SENATORS AND REPRESENTA-
TIVES IN C<.)NGREee, REJ^ATIVE TO RESIDUE OF TAX ON RKAl.
ESTATE.

Instruction to SECTION 1. Rewlwd^ That the general aseenibly instruti

Senators and . , . ^ ^ . . , i

members of Con- otir senators and request our representativee in the congrese-
^^^^^' of the United States to exercise their utmost endeavors to^

have remitted the residue of the United States direct tax ow
real estate yet uncollected from the tax payers of North Caro-
lina.

Sec 2. liisolved. That our senators and representatives-
in the cr^ngress of the Unite-d States he furnished each with
a copy of these I'esolutions.

Ratified the 6th day of Deoeinl)er, A. D. 1870.

RESOLUTION KE^iUJRlNG THE TREASURER TO FURNISH STATIS-
TICS OF EXPENSES OF LATE MILITARY MOVEMENT.

Preamble. Whereas, It is the general opinion of the people of Kortla

Carolina that there was an enormous amount of their monej
uselessly spent in the late military raovment of the governm-
oi the state : therefore, be it

Besof /"£'?, That tlie public tJ'oa.surerol the state be required, Tieiu=iirer to re-
for the Infoi-matloii of tl'is assembly, to furiiisli the full sta- P'*^'^ ''^^^^^t'cs.
tistios of the att'aii-, ^ihowing how much spent, how mucli
paid to each otHcer, from the grade ot lieutenant up, <fec., etc.

Ratitied the 6tli day of December, A. D. 1871.

KE6t>i,rrr<»x of iNi^riKr conceb.mxo the fik'Ai- ov the eepek-

SENTATIVK FROM Bi,A.T>KN CoFN'n'.

"WntKEAK, Aflida\'its have been made by a nuadjer i-f PnamWe.
prominent citizens of Bhiden county to the elfeet timt Abiel
W. Fibher was not, for the yeiii- inmiediately preceding his
election in August last, a citizen of Bladeu county ; and
whereas, said Fisher is now hi possession of a seat in this
house as the representative of said county ; and whereas,
according to the constitution, article second, section tenth, a
residence ki the county for one year immedititely pi-eceding
hia election is necessary to quality any person to repre^nt
s-och county in this house, therefore, it is

Remlvi'd, That tlie committee on privileges and elections Comtniitce to en-
be instructed to en(piire into this matter and report to this ••"'''^'^''^ '^^p'""*-
liouse at as early a day as is practicable.

Eatitie/1 the Sth diiy of December, A. D. 187<>.

HOUSE KlCSOHiTToN OKDERliVO THE .JOLNT COMMITfEE ON TRENT-

rN(; TO HAVE itEtiLisri'E >a^iJiER OF COPIES OF turasurer's

KEl'ORT PRINTED.

Re^'ioliwd^ TJiat the joint committee on prinh'iig be in- Tiv^smer's report
structed to have printed such a number of copies of the report ^'* ^*^ »"*"'*=''•
ot tlie state treasurer as they deem proper, for the use of the

4:oa

18 TO-' 71. — Kksoli'mons,

meiiibcrs of thislioiise aod of the seiiak', not to exce'.ed three
for each member, including tlie one hundred and twenty
ah'cady ordered.

Ratified tlie Stli day of December, A. I). 1870.

.)OlXi RKS(.iJ.rri<»iN TO KAISE a OdMMrrJKK ON <>>N.STllT'riONAL

KEFoKM.

Committoctopre- Resolvi'd, That a conniiittee of live on the part of the
iii^eCoimtitntioiil senate and seven on the part of the house of representatives
Ije at once constituted a connnittee, whose duty it shall be to
mature and report at an early day to the general assembly
of Korth Carolina, a bill to amend the constitution of the
state ir> sucli manner as said committee may deem advisable
and expedietit.

Ilatitied the 8th day of December, A. D. 1870.

Joint comsuit'tee
on per diem and
mileage.

KJOHKI.l riox JN RF.J.ATION TO KA18ING A .HUNT SEI-KCT COM-
MriTEE ON J'ER HIEM AN'P >IILEA<;K.

Jte^solved. ih: Boim' (>f li<^i/rc,sefdafirc:s fonm,rpin<i. That
a joint select committee ot three on the ]>art ot the senate
and five on the part of the house of representatives, be
raised to take into consideration and re|>ort u])nn the question
u\' jM'f d'nin and mileage.

Katilied the 8th day of December, A. D. 1870.

1870-'71.— PtEsoLrxioNs. 457

KESOLITION IN FAV(>R OF GKO. B. M'cO'n'ER, TAX COIJ.ECTOB
OF PITT COUNTY.

WiTEKKA^, Judgment was taken against Geo. B. McCotter, preamble
tax collector of Pitt conuty and sureties upon his official
])ond, at the late term of Wake county superior court for
-costs and one thousand dollars penalty tor failing to pay into
t]j<e state treasury the tax due at the time required by law;
•<md whereas, the said Geo. B. McCotter is now ready to
ntake Jiili settlement with the state treasurer; be it there-
lore

RexfJc:^'.! by the General Asi<emhly of jS'orih Carolina, To settle with
That the said Geo. B. McCotter be allowed to settle with
the state treasurer, and the state treasurer is ordered to settle
with the said Geo. B. McCotter, tax collector aioresaid, and
that tlie said Geo. B. McCotter be allowed his mileage and
j't^r <//(??//, and commissions according to law ; Provided^ The
tax collector shall first show a receipt tor the payment of all
cot^ts incurred.

And he. it further resoived. That the said Ge^D. 3^. McCotter
and the sureties on his official bond be entirely released from
all liability on such bond, when the said Geo. B. McCotter
shall have fully settled with the state treasurer.

Ratified the 8th day of December, A. D. 1870.

XLSOLL'TJUN IN FAVoK oF HENKV T. GRA-NT, SUKKIFF OF

NOKTHAJWi'ros; <X)CJs"rv, and .i. t. ki<;k(;usc>n, shekiff of '

' ■ ,1

i
(

Whekeab, Judgement was taken against Henry T. Grant, Preamble. ; !

■sheriff of Northampton county, and J. T, Ferguson, sheriff J j

^>f Wilkes county, and the sureties upon their official bonds, at i

the late term of Wake county superior court for costs and \

<jne thousand dollars i)enalty, for failing to pay into the state ^

458

1 870 -' 7 1 . — Rebolutioxs.

iryT.
J. T.

and J. T. Fergu-
8on allowed to
settle •with state
Treaeurer.

treasury tlie tax due at tlie time required by Jaw ; and
whereas, the said Henry T. Grant and J. T. Ferguson are
now ready to make full pottieineut with the state treasurer ;
be it therefore

ReKolvd hy th- General A-s^ievihly of Ni/rth OarolinUs
That the said Henry T. Grant and J. T. Fei'guson be allowed
to settle with the state treasurer ; Pv<fvld<d^ The said sheriUs
shall first show a receipt for the payment of all costs incurred.
and the state treasurer is ordered to settle with the said
Henry T. Grant and J. T. Ferguson, sheriff's aforesaid, and
the said Grant and Fergnscn be allowed mileage and iter
diem and comuiissions according to law. And be it further

Re^iolmd, That the said Henry T. Grant and J. T. Fer-
guson, and the sureties on their official bonds be entirely
released from all liability on such bonds when the said Grant
aud Ferguson sliall have fully settled with the state treas-
urer.

Ratilied the 10th day of December, A. I>. 1870.

SKNATK RIOSOLTTION IN' UEGAKI) TO Sor.DIERS OF THK WAK
OF ONK TKOUSANI) KIGHT HUNDREO .\J^1) l-AVELVE.

Senators and 1- Jt<:><<)lred, That t!ie representatives and senators in coii-

giess in^s^nicted! g^css from this btatt^ be and tliey are hereby requested U^

vote for, and if possible secure the passage of a law granting

pensions to tho soldiers (or their widows,) of the war of one

thousand eight hundred and twelve.

2. Resolved further. That upon tlie ratification of these
resolutions, the president of the senate is requested to cause
to bo transmitted a copy of the same to each of our represen-
tatives and e^ch of our senatofii in congress.
Ratified the 10th day of December, A. D. 1870.

pensions to sol'
cliers.

1S70~71. -Resolution?- 4:59

KtVOLUTION TU PKINT RULES UF THE 8ENATK AND HoUSE OF
KEPKESEKTATIV ES.

/lesvli^ed hi/ the Seiiatr, (the lloufn- oflicftreM'iitaJii'tsn-im- Rules of Senate
•' - 11/1 *°*^ House of Rep-

• ■urnng^ That the usual number of the rules of the senate resentatives to be

and the liouse of representatives, togetlier with the joint

rules of Ijotli houses, be printed with ujarginal reference.

Ratified the .I3th day of Deeember, A. D. ISTO.

KESOLUTION UELATING TO THE POLITJCAL DlSARILUmiS OK 7..

B. VANCE.

SEOTio>i 1 . Bt U rewlreil hq tlw General A^Hemhlu of Political disai.ili-

*' •' '' ties OI A, D.

North Carolina, That the senators and representatives of Vanco.
North Carolina in the congress of the United States, are
requested to employ their influence to have the political .
disabilities of Z. P>. Vance, Ignited States 8enatx:)r elect, re-
moved.

Sec. 2. Th.'it tlie secretary of state is directed to forward
a exjpy of this res/jlution to each of the senators and re};re-
sentatives of iVortii Carclina in the congress of the TJ^nited
States.

Ratified tlie 13th day of i)e(;ember, A. D- 187J.

-■*;natk ke!*olltio^ co-nceknixo the election in tuk

TWENTY SIXTH SKNAlORIAL niSTKfCT.

WiiKREAS, By the official retui'iis, duly authenticated Preamble,
which have been procured and laid i>efore this body, it ap-
jKjais that at the regular election for senators held in the
tweuty-sixtli senatorial district, oa the first Thursday in

460

1870-'71.— Ees« )Lutions.

John A. Gilmer
declared a Senator

Seat of Wm. A.
Smith declared
Tacant.

Augnst, one thousand eight hundred and seventy, John A.
Gilmer, now holding a seat in the senate, received tlie
highest number of votes cast in that part of said district, in
which the election was legally held :

"Whereas, "William A. Smith, to whom a certificate waft
given, upon which he now holds a seat in the senate, did not
receive the next highest number of votes cast in that part of
eaid district in which the election was legally held, and was
not therefore duly elected ; and whereas, J. A. Moore, who
did receive a majority over said W. A. Smith, of the votes
cast in that part of said district in which the election was
legally held, has waived his right to a seat in this body by
failing to contest for the same according to law ; therefore

Resolved 1st, That John A. Gilmer is entitled to hold
his seat as a member of the senate.

Hesolved '^d^ That the seat held by William A. Smith, a&
senator from the twenty-sixth district, is hereby declared
vacant.

Eatified the 14th day of December, A. D. 1870.

EESOLtrnON PROVroiNG FOR THE IMPEACHMENT OF WII.LIA^I
W. HOLDEN.

impeachTnent of Besolved, That William W. Holden, governor of the
Hoiden, * ' State of North Carolina, be impeached of high crimes and
misdemeanors in office.

Eatified the 15th day of December, A. D. 1871.

lS70-'71.-REsoLrTioir8. 461

HOUSE RES<M.rnoN' IN' RIX!AIM> TO AI'l'OTX riN(; COMMITTEJl*?
OX IMl'KACHMENT.

HesD^rt-iJ, That a connnittee ot three be appoiuted to go Committee to in-

, , 1 , .1 ,. • ,1 ,• ,1 form Senate of

to the >^e"nte, <tna at the bar thcreot, in tlie name ot tiie huiRaoiimcntof
house of i(>in"eeentatives and of all the people of the state of ii^n.'
Xorth ( V.iviiiii;:. to unpeach William W. ITolden, governor
of the Siute of "\tjrth Carolina, of high crimes and misde-
meanors in olM.'o, and acquaint tlie senate that the house of
representat.i\ l:> will m due time, exhibit particular articles
of impeachment against him, and make good the same ; and
tliat the comuiitteo do demand that the senate take order for
the appearance of said William W. Ilolden to answer to
said hnpeachment.

ResolvefL That a committee of seven be ai)T)ointed to c^mmittve to pre-

T . 1 ,. . , . Tir-iT pare arti<-les of

prepare and report articles ot impeacliment against William jmiKnahiuent.
W. Ilolden, governor of the state of North Carolina, with
IK)wer to send for persons, papers and records, and to take
testimony under oath.

Ratified the ItUh day of December, A. D. 18'7<,».

HOUSE RESOLUTION OF INQUIKY CONCEKXTXO Ar.LEGKl) IMPJROPEK
EXPPIXDITIJKES OB" THE PUBLIC Mc^NEY.

WiiEKEAs, It is connnonly charged that the governor has Preumbie.
had in his employ, and in the pay of the state, detectives or
spies, whose duty was to make to the governor secret ofiicial
reports of the acts and words of their neighbors and asso-
ciates; and whereas, it is com mo tdy charged that the profes-
sional services of counsel learned in the law have been spe-
cially retained and paid for at great expense to the state, to
represent the state's interests when in litigation or contro-
versy, wliile the attorney general's office was in the charge
of the officer duly a])pointed thereto, whoso duty it was to

462 1S70-71.— Pw.ESOM"lIn.N-S.

ropreseiit tlic stiite in all sudi confi-ovcrbies ; and whereas,

it is conutKdily i-luij-^^'cd Huit there has been an exii-avagant

and useless eniplovinoj of men, profest^edly in the ])iibli(*

service, wherehy tlie })nhh'(* nioney ha.s \>vvu \v;Kslefuil_v cx-

}>ended.

Executive officeKs Rewlved. Tluit the u(jVernor. tlie several hea.isci' depart-

and others re- 111.1"" t

•luired to report, nients, the clerk ot the su])renie eonrt, thestatt' librarian and

the keeper of the i.'a})itol, are reipiested t(» re])ort to this
house with ag little delay as jiracticable. a list of the spies or
detectives, (;leik?. ines&enp;ei'S, pages, waiters, hiborers ajid
all other officers and ein]il(.»yees who have Ih-(mi in the pay
of the state, in their resiwetive deparlnients oi* bnreaus of
the state goverinucnt, sine*' tlie ina figuration of the present
state government, what sums 0I mone} said spies, clerks,
laborers, tfcc. have l)een paid by and in behalt of the stat<'
during that time, and for v\]iat ser\'ices rendered or informa-
tion furnished, and the olei'k of this liouse is ordeied ttteei tify a
copy of this resolution immediately to each ot tlie officers
herein mentioned, to-\vit : the govei-nor, the secretary of
stiite, the attorney genera\ the public treasurer, the adju-
tvint genera], the S'Uperintendcnt of ])ublic instruction, tlie
superintendent of public works, tlie clerk of the supreme
court, tlie kee])er ol the capiroi and the state librarian.
Ratified the 17th dfiy ot December. A. D. 187<>.

llKSOLirriOH KOK JUK KELIKF oF .lOHN >I. :sr<»NoKW. SMKBIFF
OF MIMUIE COUKTV.

Preamble. WuERKAs, Judgment has been entered against Jolin M.

Monger, sheriff (jf ^foore county, and the sureties on his
official bond in the superii;]' court of the county of Wake,
fall terra, one thousand eight hundred and seventy, tor failing
to pay into the jmldic treasury, within the time i)resci'ibe<l
by law, the public taxes due fi'om said county for the year
one thousand ei^ht hundred and seventy ; and whereas, said

skerifl is now prepared to pay tl^e public taxes due troui \

s>aid coniitv for the said year one tlioiinand eiglit hundred ^

and seventy : and wlicreas. justiec reouires that said sheriti"

Hud hif sureties eliall he fully and finally released and dis- ;

d)avi:L'd from B.tid judgment, if he feliaJl pay, on or before

?lie iiiteenth day (.>t Deeendier, the full amount ot taxes due

tlie treasury from his said county, and that the pubhe treas-

nrcT allow to said sheriif the lawful commissions, mileage '

smd /"^/' JirT/t : tlierefore |

S>:(:tu.-.y 1. 77^0 Geaenil Assembly of NoHk Cardrna do ^^^^f^.^^^'^^l \

t't:j<ob)e, Tliat John ]\f. Monger, sheritf of the county of sureties.
Moore, and the sureties to his official bond, for the eolW'tion \

ivnd payment of public taxes, be and they are hereby fully
Mnd eli'ectu.Hlly released and discharged from the judgment
<.»btai!!ed against them in the superior C(>uit ot Wake county,
fall term, one thousand eight hundred and seventy, tor i

failing tu pay into the public treasury within the time })re- \

f^cribed by law, the titxcs due from said county for the year i

«>tie llntui-flnd eight hundred and seventy, if he shall pay on \

or before the fifteenth day of December, one thousand eight \

hundred and seventy, tlie full amount of taxes i\\\\i the :

treasury from the county of Moore, and the costs in tlie suit
against him, and his sureties, and that the public treasurer j

1)6 and in hereby authori/eKl to ^dlow said sheriff to settle said
public taxes, so due the treasury as aforesaid, and to allow ■

sfdd eheriff connnission, nn'leage, and ytr diem for uiaking :

iii,- settlement with the public treasurer. I

Ihxtiiicd the 20th day of Der-ejuber, A. D. isTO. \

«KSuI.rTION TN KKOAJU) TO LKGAL STKPS TO UK TAKEN AGAINST

GEO. vv. swKPso::^ a\v> m. s. Lrrrm'-FiKLix

Iif.-^ohyd, hy the Gat-f^rid Axscz/iUy <>t JVorth Co.roliho, Qovciuur ic-

riM i. ^1 * • £■ 1 MI 'i« • 1- i L L' 1 'liu'PteJ to t.akt'

Ihat the acc:in!]»any)ng copy of a l)ill ot mdktment tomid steps fi.r i he ar-

by the grand jury of Ihnicombe county at the last term of w^ t4«,.p-'on"'iiiid

the superior court of said county against George W. S\vej»- ^',j"" '"^ '''''"'""

son and ]\Iilt.on S. Littlt field, l.ic immediatelv transmitted to

464r 1870-71. — Eesolutions.

his excellency the governor of this state, find that he be-
most respectfully and earnestly requested lortlnvlth to take
all suitable and lawful means to secure the arrest, detention
and delivery to the proper authorities of this state of George .
W. Swepson and j\filton S. Littlefield ; and if the said
George W. Swepson and Milton S. Littlefield be fugitives-
from this state, that his excellency the governor, be requested
forthwith to demand of the governor of the state in which
they may be found, the said George "W. Swepson and Miltoi>
S. Littlefield.

Eatitied tlio 24th day of December, A. D. 1S70.

RiSftOr.I"nON TO EAIRE joint committee on (^)N'l'LNGENT EX- .

PENSES.

joiut committee Besolved hy the House of Eepresentatives, {the Senate con- ;

on contingent ax- (^-u/t^rmg^ That a joint committee, to consist of two on the ,i
part of the house and one on the part of the senate, be raised ■
to take in consideration and report what allowance be made i
tor contingent expenses of the legislature. .;

Katified the 24t.h day of December, A. D. 1870. \

■\

SENATE RESOLU'ilON MAKING KEC^UEST OF THE SECliliTrARV OF'

STATE FOR CERTIFIED COPY OF CHAPTER ONE HUNDREI*

AND SIXTY-EI^rllT. LAW'S OF ONE THOLSAND EIGHT HUN-

I
DRED AND SIXTY-EIGHT AND ONE THOUSAND EIGHT IIUNDRETV

AND SIXTY-NINE.

]

Secretiiry of Stat-e Jiesolved, That the secretary of state is hereby requested' ^
with'certitied and instructed to furnish for the use of the senate, a certified
copies of laws. ^^^^ ^^. (.]^j^p|.gj, q^q hundred and sixty-eight, of public laws
of one thousand eight hundred and sixty-eight and one

1870-71. — IIesolutions. -iC^

thousand eight hundred and sixty-nine, entitled "proceed-
ings oi' impeachment," as the said act shall appear on tile in
his office.

Ratified the 18th day of January, A. D. 1S71.

RESOLUTION IN KKFEKENCE TO A:^ ACT TO PROVIDE FuR THE
COMPLETION OF THE WESTERN DH'TSION OF THE WESTERN
NORTH CAR<)LINA RAILROAD, RATIFIED THE TWENTY-FOURTH
DAY OF MARCIT, ANNO DOMINI ONE THOUSAND FJGIIT HUN-
DRED AND SEVENTY.

Resolved by the Ilmtse of Jienresentatives, (the Senate om- luformatioii re^

•^ 'J J- ' ^ quested or tiie

ournnrj,) That the governor be respectfully requested to Govercor.
lay before this general assembly all the information that may
have been communicated to him by the commissioners
appointed by said act.

Ratified the 2l9t day ol January, A. D. 1871.

HESOLUTIoN ASKING THE REPRESENTATIVES IN CONGRESS TO
USE THEIR INFLUENCE TO AMEND THE FOURITENTH SECTI«)N
OF THE BANKRl PT LAW.

Sfxtion 1. The Geveral A.-^^einblii of North. Carolina do s.nator.i and
, mi . <^ -NT 1 /^ T • members of C<m-

reH<>h>\ That the representatives from North Carohna m stress iustrucied

I , 1 rr . 1 fi. 11 i 1 X ''" rolation to

tlie congress of tJie Lnited States, are iiereby ro<j nested to bankmi.t law.

use their inHuence to have amended the last line of the first

proviso of the fourteenth section of the bankrn])t law of the

United States, where the words "in the year 1861:" oc-cur,

the words " in the year one tliousand eight hundred and

seventy-one" bo substituted, so that bankrupts in this state

who may hereafter take the benefit of that law, '-an have the

4t}e 187c^-'71.— Kepolctions. i

benefit of tlie homestead aud.])erHO]ia] ])ropertj exemptioii ,
now allowed by the laws of Ts'orth Carolina,

Seo. 2. llexoloed further. Tliat each one ot onr senators :
and representatives in congress be furnished by the secretary
of state with a copy of tJie foregoing resulntiun. !

Eatiiied the 2lst day of January, A, D. 1S71.. i

A KESOLLTION FoR THE BELIEF OF A. MURRAY, Sni,i;)FV (.-K
A L AMANCE (X - TN'IT.

Fivaiiiiiiv Whereas, Judgment was entered against An)ert Muiray,

sheriff of tbe county ot Alamance, and the sureties on lii^
ofticial bond, in the superior court of the county of Wake,
tall term (18Tb) one thousand eight hundred and seventy,
for failing to pay into the public treasury, within tlie time
presci'ibed by law, the public taxes due from said county for
the year one thousand eiglit hundred i.nd seventy ; and
whereas, said slieritf is now prepared to pay the public taxes
due fr(.)m said county for the year one thousand eght liuiv-
dred and seveiity; and whereas, justice re(juire>s that said
sheriff and his sureties shail be fully and tinally released and
discharged from said judgment, and that the public treasurer
allow to said slieriff tlie lawful conuin'ssion, njileage m\([jjer
diem ; therefore-
Kcieiu-c of AUx-it SECTION 1, The General AsseUibly qfJVorih Candina do
Aitiian'ce^couuu, i'<'-'^<-'^'t't^-) That Albeit Murray, sheriff of the county of Al;t-
^mm jii(isi:mciit, niauce, and the sureties to his bond toj- collection and pay-
ment of pubbc taxes, be and they are lieiv-ly fully and effect-
ually released and discharged tr.»m the judg/nent ('btained
against them in tlte superior court of Wake county, fall term,
one tliousand eighi hundred and seventy, for iailing to
})ay into the public treasury, -within the time prescribed l)y
law, the tuxes (\\m from said county for the year one thousand
eight hundred and seventy, if he shall pay on or before tlie
tenth day of J)eceml)er the full anu)unt of taxes due from the

ISTO-'Tl. — TIksoh-tion-^. 4f>

coimtv of Al.-uiiaii.v, ;uiJ rhat tlio public treasurer be and lie
is hereby authorized toallo\v said 'sherit]-' to settle said f.ublie
taxes so due the treasury asatbre&aid and to allow said sherilt*
c-otniiiis^i)!!, mileage. -Awdper diem for making his settlement
with the ]»ul)lie treasurer.

Ratified tlie 21st day of Jaiiuarv, A. I). 1871.

KK.S(.>MriON KKQUKSTIXa AID OF CONOKKSS IN CKEA'nXo A
LITKRARV FUND.

"Wkkkkas, North Carolina by the late war lost the most I'tciJuiWe-..
of her school lurid, and is otherwise much iinancially re-
duced ; and whereas, there have been over three liundred
and tif.y thous^and slaves emancipated and turned loose in
u\\v midst without any eduoatii^n or the nieans to procure
one, and that it is all important lor the success and stability
of a repulilican form of governnunt tliat the masses of the
]>eople should \)v educated; and whereas, the general gov-
ernment i^ and has heen liberal towards the western states
in ai))>roj>riating the public lands for educational purposed
jiiul foi' internal impiovements, therefore,

1. Z>V it n-st ihy.il hy the General Asnemhly of JSorth Cam- senator? am?

, . nil . ^ .• 3 . ' • ^1 members of Cosa-

liiut^ lliat our representatives and senators in the congress j^ness to nsk aid

of the Tnited States, be requested to use their iiiHnenee in ufVliteran-'f^Btf.

that body tor its aid in creating a literary fund to educiite

the chihJren of North Carolina, without distinction of rjiee

<»r color, by a]iplying a part of the pro<3eeds of the sale of

]iul)lic lands, or (ttherwise, as the}' may think l>est,

2. The secretary of state of North Carolina shall fnrnisli
each ot our >enators and rt^presentatives with a copy of the
foregoing resolution.

T{ati;:ed the 21st day of January, A. J). ISTl.

468

1 8 70- ' 7 1 . — Resoi. ution s.

RESOLUTION COMCEKNING IXTEKNAL KEVENL'E ON TABACCO
AND SPIKIJUOUS LIQUORS.

Keprcsi'iitalives
in Con«rfe.-!S iii-
structed id ri'la-
"tiou to internal
revenue lax.

Rejoined hy the Jhu^r of licjiyresentdt'i oea^ {the Seriate vcm-
currliig,) That we respc(;lfull3' request and earnestly solicit
our representatives and senators in the United States con-
gress to endeavor to have the revenue on tobacco and dis-
tilled spirits greatly reduced from its present rates.

2. Jiesolvrd, That hisexcellency the governor, be respect-
fully requested that a copy of this resolution be furnished to
each senator and representative in congress.

Ratified the '21st day of January, A. D. 1871.

KE)>OLUTI0N INSTKUCTING THE GOVERNOR TO OFFER A REWARD
- FOR THE ARREST OF M. H. LITTLEFIELl).

•Governor aufciioi- ^/j*<^w//(LwZ //?/ tlt£ General Assey/ihli/ of JVori/i CarolinaA
wdvci far arrest of That hiB excelleucv governor Tod R. Caldwell, be authorized
M. s. LitUeJieid. ^^^ ^^^'^,^. ^ y^y^^^j^^ Qf five thousand dollars for the arrest of

Milton S. Littlefield and his safe delivery to the sheriff of
Buncombe county, or to the governor of this state.

This reBolution shall not- apply to any messenger already
eent or 1>o be sent by the governor for the arrest and de-
livery of said M. S. Littiefield.

Ratified the 2.^th day of January, A. D. 1871.

KKSOLUTION IK FAVOK OF, THE SHERIFF OF tjTOKES C'OUKTY^

Slier; fit' of Stokes
county to collect
tiixe.sliv 15tb
Feljniiuv, 1811.

Resolved hy tJu' General Amembly of North Carolina,
That Win. H. Gentry, sheriff" of Stokes county, have until the
fifteenth day of February, one thousand eight liundred and

1870-Tl.— riESt)LL'TIONS. ^69

:3eventv-oiie, to collect and pay over the county taxes due
for one thousand eight hundred and seventy, to the county
treasurer.

Ratified the 25th day of January, A. D. 1871.

KESOLI'TIOX CONCERNING THE l.E'rrEK-BO<:»K AND CORKESPON-
DENCE OF GOVERNOR TV. "VV, HOLDEN.

2. HesohcJ hi the General Amnulilii of North Carol/ na, (iovcruoi- re-

■^ ,111^ qHCstcd to fur-

That his excellency the go\ernor, be requested to lay beiore uisu Executive

V, ,. ,. . • 1 1 i.i' klter book and

the house of representatives, as soon as practicable tneexecu- other documeuts.
tive letter-book, embracing the correspondence of the go\'-
trnor, by letter or telegram, during the years one thousand
«ight hundred and sixty-nine and one thousand eight hun-
dred and seventy ; and also the journal of the council of state
■durinir said years: and likewise, all order books, muster
rolls, pay rolls, letter books, copies of commissions and all
papers connected therewith in the adjutant general's office
•during said years ; and also all instructions, either general or
special, given to detectives during said years.

2. ' Resolved^ That the president of the senate be requested
to communicate the foregoing resolution to the governor at
once.

Eatitied the 2Bth day of January-, A. D. 1871.

HWOI.rnCiN IN FAVOR OF B. S. BUCHANAN, SHERIFF OF .lACK-
S<)N COUNTY.

liemlmd., {tJw Servate^ concurnng^ That B. S. Buchanan, Sheriff of Jackson
sheriff of Jackson county, be and he is here! ly relieved from from penaulcs,
all fines, penalties and forfeitures incurred l)y reason of his '^'"'
/ailing to settle with and pay over to the state treasurer the

470 1870-71 .— Resolltions.

taxes due tor tlie year one thousand eiglit linndred and
seventy : Provided^ The said sherift pay the said taxes by
the second day of Febi'iuiry next.

Ratified th.e --{Ist dav of Jaiuiarv, A. D. 1871.

of i
ed '

RESOl.l.'TfON IM FWOK i.>V V, V. KICHAKDSON, SHERIFF (Vfc-
0<)l.t'>mUS CXJFNTY.

Sh.iitt' uf Coinin- Rpnolmd, That y. V. Richardson, sheritf of tjie c(junty of
kasedfrom'i^iii-- Colunibus, and tin) sureties to his bond for the collection and
tain I'^naities. payment of the public taxes, be and they are hereby fully
and effeolually released and discharged from the penalty of
one thousand dollars included in the judgment obtahiec
against tliem in the superior court of Wake county, fell term^ i
one thousand eight liundred and seventy, for failing to pay i
into the public tr(*aBury, within the time prescribed by la\\\ '
the taxes duo from said county for the year one thousand i
eight hundred and seventy, and that the public treasurer be i
and he is liereby authorized to allow the said sheriff commis- (
sions, nn'leage and pt-r d/'e/i/, for making his settlement with \
the public lica.suier, ajid that upon the payment ot the taxes i
proper, due from said connty, the said judgment he in all ;
things exe-e])t c-<;sts dl5<'liarged. i

ReHolmd ''2d, That the said sheriff be allowed aiid e:u- \
powered nntjl August first, one tlunisand eight hundred aud
seventy-une. to collect arrears of taxes for the years one
thousand eight iiundre<i and sixty-eight, One thousand eight
hundred aTid sixty nine and one thousand eiglit hundred anvJ
seventy.

Resokud, ;>«/. That this resolution shall be in force trorrt
and after its rat iti cation.

Ratified the :il>t day uf January. A. D. 1871.

ISTC-'Tl.'-llKsoLtiTroxrt. *^^? 471

^fc;XATK Kh>*or-LTI()N TO PAY KXPKNS1.> oF A. V. COVVLES Ui
(TOINii AFTKK CHFEF JL-RTIOE PKARSoN.

liesolved, [t.Ju Ho>(^t <>/ Rf-pie-'fenfiitli\.s r^.^^c/'.n'm^/,) Resolution to pay
Tliat the public treasurer be authorized Xu y^y A. i). Cowles Sowfi'm-tSn
Lis travelling expenses in waitinij upon ;nKl returning with ^^-^veiins? expenses
tlie chief justice in accordance with a regolution of the senate.
The chief justice's expenses to be included.

Ratified the 31st dav of Januai'v. A. D. IsTl.

RK!i(-.LUTI<)N IXSrKr<TTX(; TllK TKEASLKKK VoT To I'AY CKU-
TAJ.N WAURANTS.

Resolved hy thf General Asi^embhi of ^',>rtI^ ( 'ar(Mna, Pubik Treasurer
That the public treasurer be. and lie !.>* lu reby instnicted ™."X^ '''''■*'*'"
not to pay any warrant or order niade, or which may be
rrwde upon him on account of the military <.rganization and
movements had in this state durinir the year one thousand
eight hundred and seventy, or on account of any person or
persons connected therewith.

Ratified the 31st day of January, A. !> !sTl.

Jnstraclioaa to

Kt!*OI.rTlON IS KL(}AKO TO lUIO I'OMTiCAi. ! 'isAUILlTIEc* OK
i'HK HOyoRABI-K A. M. WAODKIT. AXD lloX. sioX H. ROGEKS.

Be It reaohed hii th*- Gtnernl Aii.seiid)lij .,t NoHli Cur-

/' T"! J. i.1 ' lusirucuoua lo

/mna^ i hat the senators and representatives of North Oar- members of Cou-
oh'na in the c/jngress of the ['nited States, are ro<jue8ted to wfsibiutfes^of
use their influence to have tlic political dieal.ilities of Hon. ""•'"''<^'* ^'ect.
A. M. Waddell, representative elect from the third con-
gressional district, and of Ifon. Sion H. Roiicrs, representa-
28

4:72 187<' '71.— iiK8or,i'rR)N>.

live elect iVoni rlie toiirth r'jiigressionni district, removed ;
and that tlie seciet^M'v of state i? hereby directed to forward
a co]>r of this restdiition to eacli of the senators and repre
seutatives of Xorth ("arolina in the congress of riie Tiiited
iSrates;.

liatifip(! the L'd <hi\- of Kcbruary. A. 1). 1^71.

KKSOIATIOX i.N UKiiAKli !( » i'AcKS.

Kepcai of lesoir- Ur^ol rt'(J tsij l/i,- ^f-naii:. Tiiau a resolution o( tlie senate in

Pages. regaj'd t<' pa<<es, authonz!u<; ttio ifeunng ot certmcates tor

niileaire and per diem to pages, ratified 1 )ecenibei" eighth,

one thousand eight Imndred and sixtv-t,'ight, Ixi and the same

is hereby repcak^d.

/ifjfio/red furth(:i\ That anv and all resolutions oi the
senate heretofore enacted, authorizing tln^ appointment of
pages, be and the same are herein- repealed.
Hatitied the 10th dav ot Fe!)ruarv. A. l>. \"<7i.

liKSOr.rTIO.X IN FA^'0K OF HENRY HKiCS.

Pui)lic Treasuic-r It'-vilrcilhi/thcSendU (ind lJoi(x>: of Jtej)ref<enkitn;;s ((f
i nstnicted to pay \;,,.^/, Carol Inn. That the public treasurer be instructed to
pav [fenry Bigg-s twelve dollars, tor service* rendered as
waiter in the supreme court roomis, from the first day of
January to the sixteenth of January, one thousand eiglit
hundred and ?e\enty-o!ie.

Uatitied the l<'.th dav of Februarv. A. I*, {^li.

Is7*i- 71. - liKx'i.; ih.:\>. 473^

RT':>oi.r'i!„N n> i'.w (•i»mmi>siu.nkk and ct-erk koh )-kk\ kks
IN (UA.w [I.I.I-; .VM> iMCKsoN' (,:oN' TK.HTKi) v:r,i':< TIOX.

Tlo: Gntcral A-^wntOi'/ <>r yi'i'fli i'ld'oliiut ih> /■>■$(//>'', Public Treasurer
Tliat the publu- tro^f^urer ot Norm Carolnia be and no is ^ioutrsaTMlciei-k

.1 . , , • 1 y . x' t 4-1 „ on contested ek'C-

Hiithonzea and requircu to pay oiu. or any niuike}& iiut 0111(11- t}on in (^^nuvjue

wise appropriated, to W. A. Allen, tbc stim of eij^hty-four dol- •;^"i''>'-
lars, tor liis >iei-vice.- as (.-ouiniissiorier to take certain deposi-
tions in the contested election from Granville and Person,
performed diirinu" thirteen day> of the late recect of thiti
i^enera] assemldy, and lor liis travellinj^ exj>cnses, and also
to W. I*. Batchelor thirty-three <lollars in addition to his
two dollars ]>er day, a.-^ clerk for the eonimife^iontr, for hi^
board and travelling expense^.

Ratified the 'il?t dav ot Feliruarv. A. I). 1^71.

KKSoI.r r!(i\ IN 1 .\\(iK 01 KMri.OYKKS I;V Cl.KKKS A N i i DOOR- .

KKKi'KK.-. ^

//csohcfi. That the ])ui)lie treasnrer be and be is hereby r"t)ik Treasurer

' _ '' iiuthoriiwd to y)ay ;

ilirected, on the warrani vi' the i>residhiijj of?5cer nt each certain employees j

. ' \ ^^ (ivutr:\\ As- I

lioiise of this i^em'ral a.-iremhiy. i-espectively. to jsay to tiie sembly. j

person.'^ reporlod as employed by the .jerks and d<»orkeeperfe t

by the joint coniiniitee a)>pointed for that pnrp(.>se, to 1
amounts reported a.- coinpensntioii i'ov tluMr .-(M'vices.

liatiti.'(i the L'l-r d;<v >>( l-olMT.arv. A. 1). I>i71. 1

!;r:-'ii.( TM.v i.v tanciK or \\ ;.',:. iam smit!!.

Wheki.a,-. vViliiaDi Siiiitli. a.- <v\ forth iii his petition,
having been emi»l(jycd hv ihe htate of N'mth Carolina to
make the survey m< utioiifMl in th.e prayer of petition, and

474

1S70-'71.— Resolutions.

Governor dirccl od
io issue new war-
jnnt to WiHiaiii
:3mith.

a \v;iiTant having been issued directing the treasurer to pay
five hundred and tliirty-one dollars and ninety-eight cents,
and said warrant never having come to the hands of said
William Smith, as he makes affidavit, and never having
')een paid by tlie treasurer,

liesoh&d by the Senate^ {t/ie House of Eejyresentativea con-
ctfr//ng,), That the governor be directed to issue a nevr
Mail-ant for the sum of five hundi*ed and thirty-one dollars
and ninety-eight cents, to the said WilHam Smith directly
ro the treasurer, and that warrant mimber three Imndred
and twenty-one is hereby declared null and void, and that
the treasurer be directed not to pay the same ; Provided,
Said sum so allowed to be paid, shall only be paid out of
such tax fund, as is collected or may he collected under au-
thority of chapter thirty-six, laws of one thousand eight
hundred and sixty-eight and one thousand eight hundred
and sixty-nine ; Pramded, That nothing herein contained
shall authorize the treasurer to pay to said Smith the pe7'
diem due the commissioners appointed to superintend the
surveying of said road by the superintendent of public
works.

This resolution shall be in force from and after its ratifi-
cation.

Ratified the 2l8t day of February, A. T). 1S71.

JOINI' RESOLUTION APPOINTING A SPECIAL COMMIITEE TO AS-
CERTAIN THE DERT < »F THE STATE.

Special Commit-
tee to ascertain
debt of States

Section 1. The Gen-eral Assemhly of North Carolina do
r':s,,lre. That a special committee of three on the part of the
liouse ot representatives and two on the part ot the senate be
Hj)pointed to examine the books of the treasurer's office and
ascertain as follows : first, the amount of the de])t of the
state prior to July, one thousand eight hundied and sixty-
eight : second, the amount contracted since that time and

1870-'71.— Resotxtion.;. 475

in what manner, ?.nd third, the panount of tax necessary to
meet the interest on the whole debt.

Sec. 2. Resolved further, That said committee prepare a
bill and present tlie same with their report, looking to the
best and speediest adjustment of the same for the best in-
terest of the state.

Sec. 3. This resolution to be in force from its ratification.

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

RESOLDTION IN KEGAKD TO J'RINTINO.

Besolved, That no printinc; for the state by any other than Who shall be paid l

', , ^ -, -, , , 1. ■ .. 1 n for P"'J"C pnnt-

the party who has contracted to do the pubnc prmtmg snail ing. ]

be paid for out of the public money; P^Y/i;^^/^^/, That the i

SUindard newspaper ofiice shall be paid for work contracted \
for (and performed) before the abolition of the office of stat*

printer, and this resolution shall be in force from the abo^i- I

lion of the said office. j
Ratified the 2l6t day of February, A. D. 1871.

REtJOLUTION mSTKUCriNG SENATORS AND REQUESTING KEl'Ri:-
EENTATIVE8 INCONGItESS TO URGE THE PASSAGE OF AN ACri'
OF GENERAL AiD^STY.

Whereas, In view of our present political coudition and Pimmbie.
our relations to the general government, we are prepared to
acquiesce in and ^rward all measures of civil polity by
which political distinction based on color or on antecedent
acts are abohshed ;

1. Ktsolord Vu tloe General Aisseinthly of North Carolina^ jtepreeeuiativcsin

. T 1 • 1 J CougrcsB to urge

That our senators in congress are liereby mstructed, and our j^'onomi anmcsty.
representatives requested to urge the passage ot a general

476 187U-'7l.— .Resolutions.

act tor tlie relief of those citizens of Nortli Oaroliri;\ ami ot
other states, wlio are rendered inclligible to oflfice hy tlie
tourtecnth aniendmerit to the constitution of tlic T'nited
states from til e political disabilities wliicli said article imposes.

2. Ilemlved fiirther, That hi>> cxcellencv the governor is
respectively re<]uested to transmit a duly antlienticated eopy
of these resolutions to eucli of our senatoj'to and representa-
tives.

llatitied the 23d day of Fehrnarv. A. I). JS71.

T?KsoT,L'nox rt:ql'Kstijs'o membkks ok oox(,kk.ss To soMorr

APJ^ROPRIATIONS TO KKMOVE <:)nSTHi<"i JOIN'S TKt .'M CATM'". KKAK

KAR A^']> rA:>n,7(;o ktvkr.

Preamble. WnKKEAs, The importance of further appropriations by

the corigress of the United States to tlie improvement ol the

Cape Fear bar is apparent, in view of the present unfinished

condition of tlie work, aiid the benefits daily developing as

it ])rogresses ; therefore

aiesinbers of Cou- 1. Resolved hy the General As-schtbl// of JTa/ih (Jarolinay

appropriations, That tlie seuators and representatives in congress from this

^^' state are requested to luring the matter before their several

houses, to urge the claims of this Avork upon the national

government, and to solicit liberal appropriations for itsearh'

completion.

2. Resolved fxrtJiei', That they l.>e requested also to use
their efforts to secure an appropriation for the removal of
obstructions to navigation in Pamlico river, below the town
ot Washincrton.

>\. liesolved, Tliat his excellency the governor be requested
to transmit a cojjy of this resolution to each of tlxe senators
and representatives in congress from this state.

Ratified the 23d day of February, A. D. 1871.

1ST<'--7I.— REsoi.nioNs. 47T

-lOlN'i" Kl-X'i.iXIO.V «'OJSC>..KMN<- HKI-i' it'K THK DoDKKltErKKS
(>!■• THK SKNATK AM' 11»>\>K (»!■ lIKl'KK-KNI'A'liV ES.

Ii.<f<olct<l, Kthr Ho'-st' (tj litpre^entiUiviii ('.nncxn'hu/^ That A.^si3*.ai!Us to

' , . ' . D<iorkceptT3 tu

"tlie 'ao<.)rkeeiK'r ul tl)e senate and ht;>use ot representatives, t.p eTnpioyed.

with tlie HSeent c.f tin*, prc^idiiiii' oliicers oi the resi)cn'tive

iioiises. be aiul thev are hereljy a-.itbori/ed and empowered

to employ eaeli three additional assistants aV two dollars per

I lay each.

Ratified the 2."d day ol' Kebrnai-y, A. D. 1871.

KKSOl.L TIoX IN KBI-A'I'ION TO 'WW. i'AYMKNl' 0> ASSISTANTS
EMPLmYK1> V,\ TMi: IKioKKEEI'ElC TO TKKSEUVK nr.DKS AND

J. 77/* ■ Oeruntl Axxtiiil}!)/ <>t' SorLh ('aroHna do resohe, Payment of Aa-
' . , • , 1 sistant Door-

Ibat upon th<3 approval by the })re6ident ot the senate and keepers.

•clerk of any account presented by the doorkeeper for services

of any assistant in preservinf^ ordei-, not exceeding two dol-

lai'S a day, And the u^sual fee allowed lo tlie sheriffs for serving

HBiil>p^e/jii« and actual and necessary expense? incurred in

tin veiling, tljC guvernoi- shall issue a warnint upt.tn the treas-

^er for the amount so approved, and the same shall be paid

•out of any money not otherwise appropriated.

2. This resolution shall be in force from and alter its rati-
-fi cation. *■'■ .

Katilied the 2;M day of February, A. D. 1871. ^

478

187<>-'Tl.--KErt.)M;'i'ioKf

KESOI.rTlON !]\ KAVoR OF K. K. JONES, SIMICIFK OK 'IVRK?:!,!.

ecu NTV

Sheriff of Tyrrell IitJiHolced, [h't> ^\-/n(^t r(/u<-f rr' n-f^) Tiiai V. V. JoilCS,
county relieved ^ • xx' i.- n-y n i i i • i i i- i ,.'

from penalties. siieriii 01 lynvll ■•o;nit\-, be atnj {)■•: :s ln-iv-hy ivliev-ed irom

aR tinefc", penalties aiul fort'eitine.-- iiK-ni'iMl liv reason of liis

failing to settle wiili and pay (;'.('. \o the .state treasurer tlie

taxes duo tor the your one ilions<ind eiu'lit hundred and

seventy; /^v/r/VA-//, The said slieriti' jjay tlie wild taxes by

the first day of Mareli next.

Batitied tlie 25tli day of Febrviarv, A. I >. 1^71.

RESOLUTION lo IsNt^l HiK l-N'T*-^ 'rHK SAI.K <)!■ M\V. S'IATE's
STOCK OF THK (.API-: YY.A}i. KAVKJA'IION CoVIVANV AiV]> OTKEK
MATTP:RS OOxN'Nl'f 'IKD THKKEWrrH.

Joint Committee
to enquire into
sale of State's
gtock.

ResoJ/ued, I'liat a joint select coniiuittee of two on the
part of the senate and three on the pai-t of the hoiiae of
representatives he appointed to investigate the sale of the
stock of the static in the Cape Fear Navigation Company, to
inquire how the information ordered })y the general assembly
at its session of one thousand eight hundred and sixty-six
and one thousand eight hundred and sixty-seven, oame to
be dismissed, and v/hether that information ought not to be
reinstated upon the docket of Oumberland ;?uperior court
and prosecuted to a termination ; whether said sale was
made with the outside understanding that the liver was to
be made a free river; whether unfair prnoticeb were or were
not resorted to to induce and complete that .sile ; and that
said committee have all the powers couteri.'ed on theai ta
enable them to pi-osecute this investigation, iiSM-iug notice of
its settings to all interested in this investigaition ; and that
said committee be instructed to report by'bil;]; ox otherwise..

Katiiied the 2d day of March. A, D. ISXl,

1879-'71.— Resolutions. 479^

RESOLrTION FN FAVOK OT ALPLXANDEK M. TT'RN'KK.

Rtsolvcd hi/ iite Gehtral AssevMy of North CaroUna^ in favor of Alex.
,T]iat the public treasurer be and he is hereby authorized
and directed to pay to Alexander M. Turner the euni of
fifty-nine (50 1 dollars, upon his liling witli said treasurer the
written authority of B. F. Moore to draw the sanie,

Ratilied tlie 2ud day ot Marcli, A. D. 1871.

RESOI.UTION IN FAV(JK OF P:DWAJ10 F. O^DERHILL.

1. Jie.Holr.td J>(/ the General A meiiibly^ Tliat tlie treasurer Rceolution in fa-
be and he is liereby directed to pay to Edward F. Under- [S"ciedinL'^*"^ *"
hill from time to time such sums of money as may be due

to him for services rendered as stenographer in copying the

proceedings of the court of impeachment for the trial of W.

W. Holden, governor of North Carolina, upon presentation

of his account for said services, (certified to be f;orrect by the

principal clerk, and a]>proved by the president pro teni.. :

of the senate. J

2. This resolution sliall be in force,, from and after its rati-
ficaCion.

Katltied the 7tli day of March, A. D. 1871.

RK-iOI.L'TlDN IN FAVOR OF \V. I'. DATCHELOR.

liesohed hij the Senate^ {the Home of Representatives con- ^e favor of w. l*..
earr'iryj^) That the treasurer be authorized and lie is hereby
directed to jiay to W. P. Batchelor, tliree (3) dollars per
day for nine (iij days services before the committee on privi-

480

1S70-'71. RESOLUTION'S.

leges and elections in the case ot Edwards and Bradshaw !

against Lassiter and Barnett, from the twenty-first senatorial :j

district. .

Eatilied the Ttb dav of March, A. D. 1871. i

KKbOiai'iloN IN FAVOR OF JEFFERSON IlINTON.

In faror of JefTer-
son HiatoD.

SECTiosf Jl. The General Assembly of North Carolina do
resolve, That the public treasurer be and he \& hereby in-
structed to pay to Jeiferson Hinton the sum of tour dollars
and fifty cents, ($4.50) out of any moneys not otherwise ap-
propriated, being the amount due the said Jefferson Hinton
for three days extra services rendered in senate chamber.

Sec. 2. That this resohition shall take effect fi"om and
after its ratification.

liatined the 7th day of March, A. D. 1871.

JOINT KESOLUTION CONOEENING A CANAL FROM THE WACCA-
MAW TO LITTLE KI^'EB, SOUTH CAEOLtNA.

Canal from Wac-
camaw to Little

1. liesolved, {the House of Bepi'esentatmes concurring^
That the committee on internal improvements be and they
are hereby instructed to inquire as to the feasibility of con-
structing a canal trom some point on the TV accamaw river
to little river in South CaroHna.

2. Jtewl ved fiTth£i\ That said committee on internal im-
provements, through his excellency the governor of South
Carolina, invite the attention and co-operation of the general
assembly of South Carolina, in the matter of said canal.

Katified the Sth day oi March, A. D. 1871.

1870-'71.— Resoll-tion-h. -^Sl

EESOLmON IN IFAVOE OF JAS. H. MOORE CONTKAOTOK I'cii THK
PUBHC i^KlNTINO.

Bcsdved, {the E<mse of Rep-esentafh^^^ mncnrnng) ^„«;tS.esii!
That the treasurer be instructed to pay to James IT. Moore, Aioore.
contractor for the pnbh'o printing, on the warrant of the
auditor, a snni not exceeding seven hundred dolhirs weekly
out ot any funds not otherwise appropriated.

Pwatined the 11th day of March, A. I>. 1871.

EBSOLVTION FOR THE RELIEF OF BEN.l. A. IlOWKl.I,. KATK
SHERIFF OF ROBESON.

Resolved hy the Gemral As^emUy of North Carolina, ««ieas^ Jj^^; A.^_
That Benj. A. Howell, late sheriff ot Eobeson county, be aities.
land he is hereby released trom all the fines and ]>enalties
incnrred by reason of his failure to settle with tlie county
.and state treasurer according to law; Praokled, Said Benj.
X. Howell, late sheriff of Eol)eson county, shall settle in
full with said treasurer by the first day of March, one thou-
sand eight hundred and seventy-one.

Resobmd further, That this resolution take effect from its
ratification.

Ratified the 13th day of March, A. I). 1871.

RESOLrTIOX IN FAVOR OF J. E. GRADY, SHERIFF OF IIAKNE'IT

COUITTY.

Whereas, Judgment has been obtained against J. R. Pieambie.
Grady, sheriff of the county of Hamott for failing to pay the
public treaaurer the fall amount of taxes collected by him

482 1870-'71.— Kesolutions. . .

lor tljc year one tliousaud eight liundred nnd sixty-nine,
therefore,
Release of J. 11. lic.solvtd, That the said J. E. Grady, sheriff of said county,

^'\\\ll '*'™^"'" be and is hereby relieved from all fines, penalties] and for-
feitures, except cost of suit, incurred by reason of his failure
to settle with the treasurer of the state for the taxes cob
lected by him for the year one thousand eight hundred and '
sixty nine ; ProrMed, He shall settle in full for such taxes'
by the fifteenth of March, one thousand eight hundred and
seventy-one.

Rcwlved further. That said sheriff shall have until*,the
fifteenth of May next to settle with the state treasurer the
balance of taxes due by him, for the year one thousand eight
hundred and seventy ; and on such payment, the said sheriff
be and is hereby relieved from all fines, penalties and for-!
feitures, except cost of suit incurred by reason of not having
paid such taxes within the time prescribed by law.

This resolution shall be in force from and after its ratifi-
cation. <
Ratified the fifteenth day of March. A. D. 1S71. '^

RESOLUTION IN FAVOR OF W. .1. A. STRANGE, (iK OHEKOIvEE. ]

Reeoiution • in fa- Resolv&d hy tJhc Gen-e, al Assenihly of North, Carollna^\

Strange. " ' " That W. J. A. Strange be authorized and allowed to enter I

and take up tract number 128, district 3, of Cherokee lands, '\

in Cherokee county at the state price of twelve and a half ?

(12|) cents per acre. ''\

Resolved further^ That upon his presenting the agent's S

receipt for the purchase money of said tract to the secretary^ ' '

of state, together with the necessary plots, tfec., the said '

secretary sliall issue a grant for the same. '

Ratified the 16th day of March, A. 1). IS71. •

1870-71.— IwEsoLCTioNS. . 483

RKSOLUTiOX IN FAVOK OK thK SHKKIKK < )F KI-ADKN CtH'N'l'Y.

WifEKEAS", Judgiuent was entered agaiutit .1. E. Eklridge, Preamble,
slierift" of Bladen county, and the sureties on Lis official
bond, in the superior court of Wake county at the spring
term, one thousand eight hundred and seventy, for failing to
pay into tlie public treasury \vithiu the time jireseriljed l.)y
la^v, the public taxes due from said county for tlie year one
thousand eight hundred and sixty-nine ; and whereas, said
jjhcrift* has since ]>aid said public taxes int(V the publi<;
treasury and is prej^ared to make final settlement ; therelore,

Section 1. TJie General Assmibly do resolve. That J. E. ^^«eriu reU-ascit

•^ • . from peii;>.Uies.

Eldridge, late sheriff of Bladen county, and the sureties on

his official bond for the collection and payment of the public

taxes, be and they are hereby fully released and discharged

from the judgment obtained against them in the superior

-r,rt of Wake county as aforesaid, and the public treasurer

and he is hereby authorized to allow on final settlement
.«aid sheriff his commisioDS, mileage and jM^r diem ; Pr<yvi-
il' d^ He pay the costs of said suit and make final settle-
.i[ ent with the public treasurer within twenty days after the
I'kSsageof this resolution; otherwise said judgment to re-
iid:iin in fiill force and effect.

Sec. 2. This resolution shall be in force from its passage.

Katified the 17th day of March, A. D. 1871.

BESOIATION T«> VUBUSH A CKKTAIN ACT.

Reaolved hij thr House of JiiprestntativeB [tht' iStiwJ^ con- Puijiicatiou of

j'.arnng^ That the Raleigh Sentinel and Raleigh Tehf<jravi
be recpiested to publish for one week in said papers an act
to ]>rovide for the removal of certain suits, actions or causes
frffUi one judicial district to another, pa.ssed at the present
afssion of this general assembly.

Ratified the 17th day of March, A. D. 1871.

ertttia laws.

484

tS70-'71.— Kesoh:tions.

RT!;S()ia:TION IN KAVOB OF EEAfiAlUS D. HA.YNES.

Kesolnlioii in fa-
vor of Erasmus D.
Hayiiee.

The Genend Assembly of North Carolma do r^soln
That the |)nhlic treasurer is liereby authorized to pay
Erasmus D. Ilayues the suiii of one liulidred and twenty-fiv^
dollars and ninety-two eente for qliairs, taUes, altering de&ks,
and lahor done under a reBolntion ot the senate direetin*^
preparations in the chamber for the impeachinent ti'ial.

8ec. '2. This resolution shall take effect from its ratifiea'
tion.

Eatified the iTtli day of Marel), A. D. 1871.

RESOr.UTION IN FAVOK OV WM. W. AND DAISTL. M. AVATl'S.

Resolution in fa-
TOr of Win. W. iV
Daniel M. Watts.

Whereas, A state grant No. 2,668, tor one hundred an-
fitty-tive acres of land was issued to W. W. and D. 31. Wat
on the second day ol July, one thousand eight hundred and
sixty-three, improperly located in Cherokee instead of Macon
county ; therefore,

Resolved Jnj the Senate^ (^he House of Representatmes conk^
ourring^ That the secretary of state be and he is hereby )
authorized and directed to correct the record by erasing |i
Cherokee and inserting Macon.

Katitied the 21st day ol March, A. D. 1871.

18T0-'71.-~Resolutions. 485

RESOLUTION IN FATOR OF JAS, H. KNNISS.

Besolwd, That the public treasurer he and be is here}»y Kejohition in fa-

, . ' i ^^ ^ . " ■^, vor of Jas. 11. En-

autnorized to pay to James Jd. iimiies, agent, tiie s-uni of ni-s.
t\vo bandred and thirteen dollars and three c.entg, for sta-
tio]>er\' purchased for the nge of the general as*enibiy during
the months of Xov^ember and Dec'ember, une thonsnnd eight
hundred a*ud se\'enty.

Ratiiied the 2Ttii dav of March, A. D. J fell.

IJESCLUTIOX TO RAISE A COMMISSION To EXAMINE FNT' > TH PJ
ACCOUNTS OF THE PUBLIC TEEASUKEK.

Renolved hi; the General Assemhly of NortJi Carolina^ ComuiisMon to
n-. . . . , • i. r i ' 4. 1 it, esauuDc accounts

mat a commission, to consist oi two senators and three oiPuiiUc Ti'easTi-

meiribers of the lionse of representatives, be appointed to ^"^'^
perform the duties enjoined by sections seventy-seven and
seventy-eight and seventy-nine, chapter two hundred and
seventy, acts ol one-tliousand eigiit hundred and sixty-
eight and one thousand eight liundred and sixty-nine, rati-
fied twelfth April, one thou?>and eight hundred ;ind sixty-
nine.

Ratified the 2Tth day of March, A. D. 1S71.

KESOLUnON TO PRINT THE ACT IN RELATION To FEES OK
COUNTY OFFICERS AND SUPREME COURT CLERK.

Resolved hy the House of Representatives, {the /Senate con- publication of act
curring,) That the committee on public printing be insU-ucted "' '■''^''^''"' '^'^^^^*-
to have printed the act in relation to fees of county offices
and the supreme court clerk, in sufficient numbers to supply

486 1870-71.— Resoi-utions. \

j
I

the ofiieers oi each county with a copy, to be furnished by i

the secretary <^)1 state to tlie several ])oards of county coni- \

inissioiiers for distribution. ;

Ratified the 27th day of March, A. D. 1871. \

A KKSOia'TIcN TO PROVIDE FOR A CASUAL 7>EFI0IT IN THE |
TREASUKY.

rutooSrto'bor. ^KOTioNl. The Geneml Assembly of Nm-iii Carolma do
row money. ■yesohe, That tlie treasurer be authorized to borrow upon |

the faith and credit of the state from tinrie to time as he may i
need the same, a sum of money not to exceed in the whole,
tv.'o hundred thousand dollars {|i200,0(»U) at a rate of interest j
not to exceed eight per cent, per annum, which money shall
be applicable only to the ordinary expenses of the state, in- ■
eluding those connected with the penitentiary, and the
asylum lor the insane, and the deaf, dumb and blind. i

Seo. 2. That if he slmll iind it necessary, the treasurer lor J
the security of such persons as shall lend the money hereby ;
authorized to be borrowed, shall give them certificates im-
jK>rting that the holder is thereby entitled, to a li©ii to the J
extent of his debt upon the public taxes levied tor the year
one thousand eiglit hundred and seventy-one. And it is
hereby declared that such certificates shall constitute a charge I
upon such taxes tor both the principal and interest of such !
debt, having a priority over all other claims and charges i
thereupon. ;

Sec. 3. That this resolution shall be in force from and ,;
after its ratification. j

Ratified the 28th day of March, A. I). 1S71.

1870-71.— Resolutions. 487

kesolution in favor of j. w. schenck, juniok, sheriff
of new hanov^ek oounty.

Resolved, That the judgment rendered in the superior in favor of j. w.
court ol Wake county, against James W. Schenck, junior, ^^^^°^^» "^'■•
sheriff ot Kew Hanover county, for failing to settle for
the public taxes for the past year with the treasurer, be re-
leased upon the condition that he make a full and fair settle-
ment with the auditor on or before the fifth day of April
next, and pay the amount due the public treasurer ; when
said settlement shall be made, and upon the further con-
dition that the said James W. Schenck, junior, pay all the
costs incurred in taking said judgment, and issuing execu-
tion thereon.

Eatified the 31st day of March, K. D. 1871.

RESOLUTIONS RAISING A COMMITTEE OF INQUIRY INTO THE
CONDUCT OF JOHN POOL, UNITED STATES SENATOR.

Whereas, It appears from the testimony of William J. Preamble.
Clark, judge of the third judicial district, taken in the trial
of articles of impeachment against William W. Ilolden,
governor of North Carolina ; whereas, the said Clark was a
witness on the part of the respondent, that on the seventh
and eighth days of June, one thousand eight hundred and
seventy, he was present at the executive office in the city of
Raleigh, when and where were assembled a large number of
prominent party politicians, most of whom had seen service, or committee to en-
of some military experience, (not composing the ordinary and quire into conduct
legal council of the said governor,) " to advise upon the best 8. Senator.
plan and course for the purpose of suppressing disorder," at
which place and times it was by the said prominent political
partizans agreed to employ "a military force, well disciplined
and well kept in hand," (meaning thereby a force other
than regular militia authorized by the law of the land,)
29

488 1870-'71.— Resolutions.

Committee to en- wliicb agreement received the sanction ot the said "William
of Joifuioo?,'^u?* ^^- Ilolden, and was by him executed, and that upon at
S. Senator. \east one of the occasions above set forth, John Pool, one of

the senators in congress from the state of North Carolina,
was present, and in part composed the said illegal and ex-
traordinary council, although the congress of the United
States was at tliat time in session, and the duties of his
office and the interest of his constituents required his presence
at the national capitol ; and

"VYhereas, It is currently reported and generally believed
tliat the leading details of the late unholy and most
iniquitous crusade against the lives and liberties of the people
of the counties of Alamance and Caswell, the character of
the troops to be employed — the persons to be arrested — the
manner of their detention — the military courts to be con-
vened for their trial, and the mode of executing such sen-
tences as courts so convened might order, were all settled
and arranged by the political partizans so assembled at the
place and times aforesaid ; and especially that the said John
Pool, senator as aforesaid, unmindful of his own honor, the
interests of his people, and the commonest dictates of
humanit}', did concoct and arrange the said plans, and did
then and the^'e urge, persuade, incite and procure the said
William W. Ilolden to the acts and deeds afterwards done
and executed by him, in the doing and execution of which
the senate of North Carolina, sitting as a court of impeach-
ment, have solemnly declared, under the sanction of a
judicial oath, that he was guilty of high crimes and misde-
meanors, and have removed him from and disqualified him
to hold any office in this state ; that the said John Pool did
advise and urge the said Ilolden to place in command of the

paid unlawful military force when enlisted one Mc-

Lindsay, who, the said John Pool declared was a man of
the most desperate and lawless character, dead to every feel-
ing of conscience or pity, who would execute without inquiry
every order, however sanguinary, who would arrest and
summarily dispose of every prominent citizen who opposed
the policy of the republican party, without the useless form

1870-71.— Eesolutions. 489

i>f a trial, and carry terror and desolation into every county Committee to en-
. 1-11 -wi i. A J- J J - J ^^^^^ i^^° conduct

into which he might be sent; and did urge, advise and per- of John Pool, u.
suade the said "William W. Holden to do many other wrong, "" '"^ ^^'
unlawful and inhuman acts ; and in order to secure the com-
mission of said acts, did affirm and protest to the said Hol-
den, then governor of North Carolina, in the presence of the
many prominent party politicians, members of the republi-
can pnrty, then and there assembled for the purposes afore-
said, that the president of the United States had expressed
grave disapprobation of the weakness and timidity of the
aaid Iloldeu, then governor as aforesaid, and of the then
governor ot Alabama, in dealing with the people of the
^?outh, both of whom the president declared were on that
account unlit for and ought to be removed from the positions
they respectively held, and in that connection endorsed and
highly approved the course pursued by governor Clayton of
Arkansas, who the said John Pool declared had arrested
and executed, without reference to the civil law, every
individual who opposed his policy, and that the said presi-
dent was of opinion that the reconstruction acts of congress
cctuld be carried into effect in no other way than by swift
Aud summary military executions.

And whereas, the said John Pool, since the day of his
■election as a senator in congress, has been active and prompt
in traducing and slandering the good people of North Caro-
lina, among whom he was born and raised, who have here-
tofore conferred upon him positions of trust and profit, and
whose honor it wa« his solemn duty to defend and maintain,
when assailed by either the ignorant or the malicious, has been
instant in season and out of season in furnishing their enemies
with pretexts for congressional interference, has[been eager to
impose upon them still heavier burdens and place upon tlieir
necks a still more galling yoke, has invoked the magic of
the name of the chief magistrate of the United States to
delude and l>etray a weak state executive, and has held up
as examples, worthy of imitation, the worst characteristics (or
what he represented as characteristics) the governor ot
Arkansas ; therefore,

^^O' 1870-71. — Kesolutions.

quire into conduct SECTION 1. The G&rt€frol Assembly of Wo7'th Carolina do
sfse^^or^^* ^' resol/oe, That it is due to tlie people of the state, whose
interest have been so basely betrayed, to those gallant spirits
in the north who have plead our cause, when the voice of our
proper organ was silent, or only raised in denunciation io
the truth of history, and last and least to John Pool himself,
that an investigation into his conduct be had.

Sec. 2. That a joint committee of three on the part of the
senate and five on the part of the house of representatives,,
be [appointed by the presiding officers of the respective
houses, to enquire and report whether the said John Pool
advised, urged, incited and procured the said "WilKani
"W. Holden to do and commit the divers unlawful acts, for
which he has been recently convicted, and removed from
office, or advised, urged or persuaded the said Holden to any
other unlawful act, and if so, what and what arguments^
promises, persecutions, threats, representations or other means
the said Pool used to accomplish his object.

Sec. 3. That the committee have power to send for persona
and papers, to enforce the attendance of witnesses, and
examine them under oath, in the manner and with the
powers of a judge of the superior court ; Provided^ Said
committee shall not meet at the expense of the state, between
the adjournment of the present and the meeting of the next
session of the general assembly.

Sec. 4. That the committee have power to report either
to this or next general assembly.

Ratified the 31st day of March, A. D. 1871.

uEsoLirnoN m favok of j. w. Patterson, late shekief of

ROCH INGHAM COUNTY.

. Mesohed hy the General Asseinbly of North Carolina,

vor of J. W. Pat- That the treasurer of the state be and is hereby authorized

tcrson

and directed to refund to T. W. Patterson, late sheriff of

1870-'71.— Kesolutions. -491

tlie county of Kockingbam for the years one thousand eight
hundred and sixty-eight and one thousand eight hundred
and sixty nine, the sum of eight hundred and thirty-seven
■dollars and sixty-seven cents, amount paid by the said T.
W. Patterson in the office of the treasurer of the state, in
excess of the amount of taxes due from the said T. W. Pat-
terson, sheriff of the county of Eockingham as aforesaid,
for the years one thousand eight hundred and and sixty-
eight and one thousand eight hundred and sixty-nine.
Katified the 31st day of March, A, D. 1871.

KESOLimON IN FAVOE OF JOHN CRISP, OF MACON COUNTY.

Resolved hy the House of Me-prcsentatwe^ {the Senate con- Resolution in fa-
<yiirniig,) That John Crisp, of Macon county, be and he is ^^^^''^^'^Cnsp.
hereby authorized and allowed to enter (149) one hundred
and forty-nine acres of land (being tract ISTo. 53, in district
No. 1, of said county,) at the regular state price of twelve
and a half cents per acre.

ResoVced further, That upon presenting^ the agent's
receipt for the price of the above mentioned tract, together
with the other necessary papers, it shall be the duty of the
secretary of state to issue a grant for the said tract of land.

Katified the 3l8t day of March, A. D. 1871.

RESOLUTION AUTHORIZING THE ENEOLLINQ OLEEK TO EMPLOY
CLERICAL ASSISTANCE.

Resolmd hy th£ Senate, {fhe House of Rejpresmtaimes clerical Msistance
concurring,) That the enrolling clerk be and he is hereby cu^S^^^^^
authorized to employ such clerical assistance during the re-
mainder of this session ol the general assembly as in his

492 1870-'71.— Resolutions.

judgment may be necessary for tlie prompt enrollment of
all bills and reeolutiolis of the general assembly ; such assis-
tants to be employed at a price not exceeding the per diem
pay of the enrolling clerk.
^ Ratified the Slst day of March, A. D. 1871.

RESOLUTION IN FAVOK OF HONORABLE F. N. STKUDWICK.

Beaolution in f a- R&soh'€cL (tJie Senate concwring.) That the auditor of
vor of F. N. Strud i ji • i

■wick. state be and ho is hereby authorized and directed to audit

the account of Honorable F. N. Strudwick, for the amount
of expense incurred in taking the testimony at Plymouth,,
in the charge against Judge Jones, and draw his warrant
upon the state treasurer for the full amount of the same,
and the treasurer is hereby authorized to pay the same.

This resolution shall be in force from and after its rati-
fication.

Ratified the let day of April, A. D. 1871.

RESOLUTION IN FAVOR OF MRS. JANE HINTON.

Eesoiution in fa- SEcrnoN 1. The GeTwrol Assembly of Nor'th Carolina do
Hinton. "" Tewlve^ That the public treasurer be authorized to pay to

Mrs. Jane Hinton the sum of forty dollars, for wood sup-
plied to the insane asylum, as certified to by Edward C.
Fisher, superintendent.

Sec. 2. This resolution shall be in force from its ratifica-
tion.

Ratified the Ist day of April, A. D. 1871.

1870-'71.— Eesolutions. 493

BESOLUTIO:^ IN FAVOR OF GEOtE W. DICKEY AND B. K. DICKEY.

Resolved hy the General Assenibly of yorth Carolina, Resolution in fa-
That the public treasurer be and he ig hereby authorized and b. k. Dickey,
instructed to issue to G. W, and B. K. Dickey, a bond or
certificate of indebtedness for fifteen hundred doHars, bearing
interest tVoni tlie date of the ratification of this re^ohition,
at the ntte ot tix (6) per cent, jxir annum, and payable on
the first day of January, anno domini one thousand eight
hundred and tseventy-six, such certificate shall at all times be
receiNTiblc in payment of public dues by them.

Ratified the 1st day of April, A. D. 1S71.

RESOLUTION AUTIIOKIZING I'RINCIPAL CLKRK OF THE HOUSE TO
EMPLOY ADDITIONAL CLERICAL ASSISTANCE.

Resolved, That the principal clerk of the house be and he clerical assistance
is hereby autliorized to employ additional clerical assistance r^enutives. *^
as occasion may require.

Ratified the 30th day of March, A D. 1871.

RESOLUTION CONCERNING THE CENTENNIAL ANNIVERSARY OF -X
AMERICAN INDEPENDENCE.

Whereas, More than two liundred and eighty-six years Preamble,
ago, on the fourth day of July, anno domini one thou-
sand five hundred and eighty-four, the first Englishman wlio
vioited the sliores of tlie Ainei ican Union, landed on
Roanoke Island, in the state of North Carolina ; and whereas
in May, anno domini one thousand seven hundred and sev-
enty-one, at Alamance, in the state of North Carolina, the

494 1870-71.— Eesolijtions.

Celebration ot first iibation blood of the colonists was poured out in de-
versary of Ameri- fence of liberty ; and whereas, on the twentieth day of May,
can Independence ^^^^ domini one thousand seven hundred and seventy-five,
at Charlotte, in the state of Korth Carolina, the patriots ot
the county of Mecklenburg, deeply impressed with the
solemn crisis, solemnly pledged to each other their mutual
co-operation, their lives, their fortunes, and their most sacred
honor, and proclaimed to the world the first formal declara-
tion of independence from British tyranny ; and whereas,
on the fourth day of July, anno domini one thousand seven
hundred and seventy-six, at the city of Philadelphia, in the
state of Pennsylvania, the national declaration ot indepen-
dence was proclaimed by congress, then in session ; and
whereas, the delegates from this state united in declaring the
United States to be a free and independent nation ; and
whereas, it is proposed to celebrate the centennial anniver-
sary of American independence on the fourth day of July,
anno domini one thousand eight hundred and seventy-six, at
the city of Philadelphia, by an exhibition of the products
of manufactures, of commerce, of art and science, indi-
cating the advancement of our country as compared with
other lands ; and whereas, the congress of the United States
has passed an act providing for the holding of such exhi-
bition ; therefore be it
General Assembly 1. Resolved. (The Hovse of Rewesentati/oes concurririQ^

to commnnicate mi^i 'j ft ■, •. «ii

with Central Ck)m. ihat the president of the senate and speaker of the house
of representatives are hereby instructed to appoint a com-
mittee of eight members, three from the senate and five from
the house, whose duty it shall be to communicate with the
central committee in Philadelphia, having the matter in
* charge, in order to ascertain what action will be necessary
in the premises to insure a representation of said centennial
exposition, and report the information to the general assem-
bly at its next annual session.

2. Hesohed, That the governor be requested to cause a
copy of these reso"'ution8 to be forwarded to the governor of

^ ; Pennsylvania.

li;. Eatified the 1st day of April, A. D. 1871.

1870-'T1. — Eesolutions. 495

JOINT KESOLrXION ON ADJOURNMENT.

Resolved h/ the Senate, {the House concurmig,) That GeSSmWy
the general assembly do adjourn at twelve o'clock M., on
Thursday, the sixth day of April, one thousand eight hun-
dred and seventy-one.

EESOLmON Df RELATION TO THE INVESTIGATION OF THE SALE
OF THE state's INTEREST IN THE CAPE FEAR NAVIGATION
COMPANY.

Section 1. Th£ Gerieral A^enibly of North Carolina do Joint Committee

" , . , 1 *o investigate sale

resolve, That the joint select committee appomted tor the of state's interest
investigation of the sale of the interest of the state in the igatiou company.
Cape Fear IS'avigation Company, be discharged from the
further consideration of the subject referred to them, and
that the commission appointed by the president of the sen-
ate and speaker of the house to investigate the railroad frauds
and issue of state bonds, are hereby invested with full power
to make the investigation contemplated in the resolution ap-
pointing said joint selected committee, and the said com-
mission may compel the attendance of witnesses and do all
other necessary acts in order to make a lull and thorough in-
vestigation of the entire matters, and all papers and memo- ,
rials before the legislature on the subject be referred to said
commissioners, who shall report all facts to the next session
of the legislature.

Sec. 2. This resolution shall take effect from its ratification.

Ratified the 3d day of April, A. D. 1871.

496

1870-71 . — Resolutions.

KesGlution in fa-
vor of John
O'Connor,

EESOLUTION IN FAVOR OF JOHN O CONNER.

Resolved Ijy the General Asseonlly of JVorih Carolinay
That the public treasurer be antliorized and instructed to
pay to John O'Connor, out of any moneys in the treasury
not otherwise appropriated, the sum of eighty seven dollars-
tor tlie expenses incurred and services rendered in serving
summons on Judge Jones.

Ratified the 3d day ot April, A. 1). 1871.

RESOLUTKJN FOlt THE RELIEF OF B. W. PAETEN, OF IIATWOOD-

COUNTY.

Preamble.

May take up va-
cant lands of the
State.

Wherkas, B. W. Parten did, on the [wenty-lirst of March,
one thousand eight hundred and sixty-one, lift certain bonds
from the offic-e of the agent of the state for the collection of
Cherokee bonds, in payment for work done for the state on
the Jonathan s Creek Turnpike Road ; and,

"Whereas, the said bonds were found to be insolvent, find
the lands for which they were given having been taken up
by former entries and the state paid for the same; now
therefore,

Resolved hy the General Assemljly of North CaroUnay
That it shall be lawful for the said B. W. Parten or his
assigns to take up any vacant lands hy entry of the county
ot Haywood to the amount ot said bonds, and the agents of
the state are hereby authorized to receive said bonds in pay-
ment for the lands so entered.

liatified the 3d day of April, A. D. 1871.

1S70-'71.— Rksoluticns. 497;

RESOLUTION IX FAVOR OF PATRICK M GOWAN.

The General AssemMy of JYor'tJi Carolina do resolve, Resoiutiou in fa-
Tliat the stnte treasurer pay Patrick McGowan the sum of MoGowan.
($46) torty-six dollars, for services rendered in the capitol
during the recess o^'the general assembly, the same being the
amount due at the rate of ($2) two dollars i>er day.

Ratified the ith day ot April, 1871.

■ I

A RESOLUTION IN FAVOR OF HENRY BIGGS. '

liemlced ly the Senate, {the House of liepresentatives con- Yor^o^^Henr" '*'
curriny,) That the public treasurer be and he is hereby au- ^ ggs.
thorized and directed to pay to Henry Biggs the sum of two i

hundred dollars out of any money not otherwise appro-
priated, for sei-vices of said Henry Biggs, in the capture of I
Zach McLauchlin, a noted robber and murderer.

Ratified the 4th day of April, A. D. 1871. i

RESOLUTION IN FAVOR OF NAZRA HINTON AND RANSOM HAR-
RISON.

The General Assembly of North Carolina do resolve, Roeoiutiou in fa-
That the public treasurer is hereby directed to pay Na7:ra u^/te/equarl' '"
llinton and Riiisom Harrison, laborers employed on the
Ciipitol square, the sum of twelve dollars each for two weeks
lalx)r done in December and January last.

This resolution shall Ije in force from and after its ratifi-
cation.

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

498

1870-71. —Resolutions.

BESOLTJTION TO PAY CERTAIN WITNESSES EST THE LATE IMPEACH-
MENT TEIAL.

Pay to Witnesses The Senate of North Ca/rolina do' resolve, Tliat the piib-
4n impeachment •^ ' ^

trial, lie treasurer be and he is hereby authorized and directed

to pay to the following persons, witnesses in the late im-
peachment trial of governor "W. W. Holden, the amounts
due them for their attendance thereon, as ascertained by the
tickets sworn to before the clerk of the court, to-wit : An-
drew Murray, Jr., "W. P. Mf^.Daniel, James Webb, Sr,, C. M.
Parks, "W. Parks, Alex. "Wilson, W. C. Caffey, Margaret
Canninghan, W. J. Stockard, Jno. R. Stockard, J. F. F.
Cummings, Joseph Swing, Thos. Tate, Lewis Cane, Peter
Jones, Wash Day, Samuel Wilson, Anthony Faucett,
!N"athaniel King, J. G. Miles, A. J. King, D. M. Cummings
and Benton Ray, the same to be paid out of any moneys in
the treasury not otherwise appropriated.
Ratified the 4th day of April, A. D. 1871.

EE80LUTION IN FAVOE OF 8. JONES.

BesoluiioD in fa-
vor of 8. Jones,

Section 1. The General Assembly of North Ca/rolina do
reseVve^ That the public treasurer be and he is hereby
instructed to pay to S. Jones, for services rendered the
board of managers in the impeachment trial, forty-two dollars
($42.) out of any moneys not otherwise appropriated.

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

1870-71.— Resolutions. 49»

RESOLTTTION LN FAVOR OF BURGESS MONTGOMERY.

Resol/oed, That the public treasurer pay to Burgess Mont- In favor of Bur-
gomery seven dollars and fifty cents (^7.50) out of any moneys

in the treasury not otherwise appropriated.
Ratified the 5th day of April, A. D. 1871.

RESOLUTION FOR THE RELIEF OF T. F. LEE, SHERIFF OF WAKE
COUNTY, AND B. S. BUCIIANAJ^, SHERIFF OF JACKSON COUNTY.

Resolved hi the General Assembly of the State of No^rth in favor of T. F.

-ITT Lee sheriff of

Carolina, That Tiinoth}^ F. Lee, sherifi" of Wake county, and Wake county, and

B. S, Buchanan, sherifi of Jackson county be and they are sherifi of Jackson
hereby allowed until the tenth day of May, one thousand '^^"^^y-
eight hundred and seventy-one, in which to settle with the
state treasurer for taxes due the state for the year one thou-
sand eight hundred and seventy.

Resolved, That when said taxes are paid on the tenth day
©f May, one thousand eight hundred and seventy-one, all
! he penalties incurred by said Lee and Buchanan in not
.settling state taxes when due shall be removed and of no
effect.

Resolved, That if the said Timothy F. Lee and B. S.
Buchanan, sherifi's as aforesaid, shall fail to settle said taxes
on or before the tenth day of May, one thousand eight hun-
dred and seventy-one, they shall thereafter be liable to all
the penalties prescribed in the act of this general assembly,
entitled " an act to compel sherifi's to settle the public taxes,'*
ratified March twenty-first, one thousand eight hundred and
seventy-one. That nothing herein contained shall be con-
strued as an abandonment on the part of the state of North
Carolina of any lien on the property of the said Tim F. Lee
and B. S. Buchanan or their securities by virtue of any
judgment or execution that may have been obtained against

5l»0 1870-'71.— Resolutions.

tlieiii and their securities, or any costs which have accrued
or may accrue against them in any suit or suits which may
have been instituted against them and their securities on
account of any faihire to settle as sheriffs of AVake and
Jackson as aforesaid.

liesolv-ed, That this resohition shall go into effect from
and after its ratification.

Eatified the 5th day of April, A. D. 1871.

A RESOLUTION EEQUEeTINC+ OUR SENATORS AND REPRESENTA-
TIVES IN CONGRESS TO USE THEIR INFLUENCE IN SPXURING
AN APPROPRIATION FOR A PUBLIC UNITED STATES BUILDING
IN THE CITY OF NEWBERN,

IuteiaVioo*opub- Bewlved III the General Assemlly of North Carolina,

lie L . S. biiildiiit,^s ^ .

:at Newbern, That our senators and representatives in the congress of the

United States be respectfully requested to use their influence
to secure an appropriation to build a United States public
building in the city of Newbern to be used as a post office,
custom house, United States district court room, and clerks
office, tfec.

Resolved furUker, That the secretary of state is rec]uested
and directed to forward copies of these resolutions to each
of our senators and representa*-ives in congress.

Ratified the 5th day of April, A. D, 1871.

1870-'71.— PvEsoLUTioNs. 501

RESOLUTION CONCEKNIXG THE RECENT ACTION OF THE GOV-
EKNOK, THE CHIEF JUSTICE, AND CEKTAIN ASSOCIATE JUS-
TICES OF THE SUPREME COURT.

Whereas, The constitution provides tliat the supreme Preamble,
•court shall have jurisdiction to review, upon appeal, any
decision of the courts below upon any matter of law or legal
inference, to issue certain remedial writs, and to hear claims
against the state ; and whereas, the powers and duties of
the governor are prescribed by the same instrument ; and
whereas, the constitution further provides that the " legisla-
tive, executive and supreme judicial powers ot the goveru-
jnent ought to be forever separate and distinct from each
other," and that " all power ot suspending laws or the execu-
tion ot laws, by any authority, without the consent of the
representatives ot the people, is injurious to their rights and
ought not to be e^rercised ;" and whereas, the governor has
refused to give effect to an act of this general assembly en-
titled " an act concerning a convention of the people," rati-
ified the eighth day of February, one thousand eight hiin-^
dred and seventy-one, and ignoring the attorney general of
the state, who by the constitution is made his legal adviser,
has taken the opinion of the chief justice and certain associate
justices of the supreme court as to the validity of said act,
without authority of law, and when no case involving the
validity thereot was before the said court, and now claims
that he is sustained in his action by the said opinion ; now
therefore this general assembly, in maintenance of its rights
and in defence of its privileges doth resolve.

Sec. 1. That the supreme court hath no other or larger Jj^^^dU^'g^^fj^
jurisdiction than is expressly given to it by the constitution.
Sec. 2. That tlie opinion ot the justices of said court, in a
oase not properly constituted therein, hath no binding force
or effect, and doth not establish the law in such c^ise.

Sec. 3. That the said chief justice and his associates, iu
giving said opinion, have tran&cended the limits of official
duty and propriety, the more especially as they have^a direct

502

1870-'71.— Eesolutions.

Goveruor has no
veto power.

Recent action of
Governor and Jus-
tices of Supreme
Court.

interest in tLe question submitted to tliem by the executive.

Sec. 4. That the governor of North Carolina has no veto
power, nor any power equivalent thereto, and (cannot dis-
pense with laws or suspend the execution thereof.

Sec. 5. That the governor is not at liberty in his official
character to feel or to affect constitutional scruples, and to
sit in judgment himself on the validity of any act of this
general assembly dul}^ ratified, and to nullity it if he so-
chooses, but it is his duty to execute such act until it shall
have been decided unconstitutional in due course of law.

Sec. 6. That the action of the governor and chief justice
and associate justices of the supreme court in relation to
said act, is a manifest encroachment upon the rights, powers
and privileges of this department of the government, and i&
subversive of the fundamental principles of the constitution,
and this general assembly doth, in the discharge of its duty
to itself, and in behalf of the people of North Carolina, pro-
test against and condemn this usurpation as of evil example
and dangerous tendency.

Katified the 5th day of April, A. D. 1871.

RESOLUTION IN RELATION TO BUCKHORN CHAPEL, IN IIERTFORI*

COUNTY.

Preamble. ' " Whereas, It appears to the general assembly that there

is in the county of Hertford a small parcel of land containing
about one acre, upon which is a church and graveyard
attached, known as Buckhorn Chapel, which has been for a
great many years used as a place of public worship, free
for all denominations ; and whereas, in the year one thou-
sand eight hundred and forty-six, an academy was erected
upon the said premises out of the private means of individ-
uals, at which the youth of the neighborhood have been used
to be educated, and which academy was in the said year
J':,. incorporated under an act of the general assembly, chapter

1870-71.— Resoll-tioxs. 505

one hundred and twent}', page two hundred and sixty-seven,
of private laws of that year, in the name of '^ Buckhorn
Academv; and whereas, it appears that certain private indi-
viduals have made an entry of the said premises and have
applied or are about to apply for a grant of the same from
the state ; therefore,

Eesolved hu this General AssernUii, That the said Buck- Secretary of state

•^ ^ forbidden to issue

horn Chapel, Academy and graveyard, ouglit not to be tfi-nnts foccertaia
entered as vacant land, and appropriated to any other pur-
poses than the same have heretofore been used and appro-
priated, and the secretary of state is hereby forbidden to
issue a grant in the name of the state for the same.

That this retolution be in force from and afier its ratifica-
tion.

Ratified the 5th day of April, A. D. 1871.

RESOLUTION IN FAVOR OF GEORGE M COTrER, TAX COLLECTOR
OF PITT COUNTY.

Reml'oed^ That the auditor of state of ]S^orth Carolina be in favor of Geo.
and he is liereby authorized to draw his warrant upon the coiicct^r^^'^' ^^'^^
treasurer of the board of education in tavor of George B.
McCotter, tax collector of Pitt county, for the year one
thousand eight hundred and seventy, for the sum of five
liundred and thirty-two dollars and fifty cents, (-^532. 50)
being the amount overpaid in his settlement of the taxes for
the year one thousand eight hundred and seventy, and as
approved and certified to by the chaii-man of the board of
county commissioners and register ot deeds for said county
of Pitt.

Ratified tlie 5th day of April, A. D. 1871.
.30

-504 18T0-'71.— EEsoLU'noNs.

RESOLUTION IN FANOR OF J. L. HARRISON.

ni favor of J. L. Tke senate of North Carolina {the House of Bejyresentor
times conGurring) do reso]ve, That the treasurer be and he is
hereby instructed to -pRj to J. L. Harrison or order, the sum
of sixty-five dollars and fifteen cents, for labor done in re-
pairing the furniture in the senate chamber.

This resolution shall take effect from and after its ratifica-
tion.

Eatified the 5th day of April, A. D. 1871.

EJB)SOLuVK)N in FAVOB of SHlfRlFFS IN Cl^RTAIN CASES.

In favor of sheriffs ResoVoed^ {the House of Hepresentatives concurring,) That
the auditor be and he is hereby instructed that when satis-
factory evidence is given that any sheriff or tax collector has
overpaid an account of taxes due the state, he shall draw
his warrant on the treasurer for the amount so overpaid.

Sec. 2. That this resolution shall be in force from and
after its ratification.

Eatified the 5th day of April, A. D. 1871.

A RESOLUTION IN FAVOR ©F JOHN S. M NEILL, GEORGE M RAY
AND OTHERS.

In favor of John SECTION 1. Resolved hy the Senat^ the House of R&pre-
MdRayaKtE sentatives concurring,) That the public treasurer be and he
is hereby authorized to pay to John S. McNeill, George Mc-
Kay, Frank McKay, WiUiam H. McNeill, John K. McNeill,
Angus A. McNeill, Alex. McNeill, W. C. Wilkes, A. Mc-
Millan, D. E. McNeill, Hector McNeiU, Oakley McNeill, A.

18T0-'71.— Kesolutions. 505

McCallum, Treason Brice, Arch Brown, Alexander Brown,
Arch. T. Brown, David McNeill and David McNeill, the
sum of one thousand dollars out of any money not other-
wise appropriated, for ser^'ices of said John McNeill, George
McKay, Frank _,McKay, W. H. McNeill, John K. McNeill,
A. A. McNeill, Alexander McNeill, W. C. Wilkes, A. Mc-
Millan, D. E. McNeill, Hector McNeill, Oakley McNeill,
Arch McCallum, Treason Brice, Arch. Brown, Alexander
Brown, Arch T. Brown, Da-vdd McNeill and David McNeill
in capturing and delivering Henderson Oxendine, one of the
Robeson county outlaws, to the sheriff ot Robeson.
Ratified the 5th day ot April, A. D. 1871.

KESOLUnON IN RELATION TO STATE DEPARTMENT.

Section 1. Resolved^ That the secretary of state, be and fSmed^ifSJ
he is hereby authorized to employ for a period of three ploy additional
months, from the date of the ratification of this resolution, an
additional clerk; at a salary not to exceed seventy-five dollars
per month ; Provided, Said clerk shall only be employed in
copying the ratified acts and resolutions of the present gen-
eral assembly, for the use of the public printer ; And provi-
ded further, That the secretary of state shall not be allowed
any fee for any act or resolution copied by such employed
olerk.

Sec. 2. This resolution shall be in force from and aftw its
ratification.
^Ratified the 5th day of April, A. D. 1871.

606

1 870-71. — Eesolutions.

RESOLUTION IN FAVOR OF JAS. H. ENNISS.

In favor of James
H. Enniss.

Besolved {the Senate concAirring^ That the public treasurer
be authorized and instructed to paj to James H. Ennis, out
of any moneys not otherwise appropriated, the sum of twelve
dollars and forty-two cents, for stationery furnished for use
of the house of representatives.

Ratified the 5th day of April, A. D. 1871.

A RESOLUTION FOR TUB RELIEF OF G. J. WILLIAMS, SHERIFf
OF CHATITAM.

For the relief of
G. J. Williams,
sheriff of Chat-
Lam county.

Hesolved Ijy the General Assembly of North Carolina,
That G, J, Williams, sheriff of Chatham county, be and he
is hereby allowed until the fifteenth day of June, one thou-
sand eight hundred and seventy-one, in which to settle with
the treasurer of the county for taxes due the county for the
year one thousand eight hundred and seventy.

Resolved., That if said taxes are paid on or before the said
fifteenth day of June, one thousand eight hundred and
seventy-one, all the penalties incurred by the said Williams
in not settling taxes due to the county of Chatham shall be
removed and of no effect.

Ratified the 5th day of April, A. D. 1871.

In favor of "A. C.
Kerr.

RESOLUTION IN FAVOR OF A. C. KERR.

Resolved, hy the General Asscmhly of North CarolinOy
That Jacob Siler, agent for the collection of Cherokee bonds,
be and he is hereby instructed and authorized to pay to A.
C. Kerr, of Haywood county, the sum of four hundred and

1S79-'71.— Rbsolutiojts. 507

ninety-eight dollars and fifty cents, out of any moneys or
bonds which have or may come into his hands from the
sale or entry of vacant lauds in Haywood county.
Eatified the 5th day of April, A. D. 1S71.

A RESOLUTION TO AUTHOBIZE THE PUBLICATION OF AN ACT
IN RELATION TO CONVICTS.

Resolved, {the senate coneurrinq.) That an act passed by PutUcaUonofact

' ^ ^'- r J relating to con-

this general assembly, providing for the reception of convicts victs.
into the state penitentiary, be published for ten days in the
Raleigh Sentinel and Telegram.

Pwatified the 5th day of April, A. D. 1871.

RESOLUTION IN REFERENCE TO THE CAPITOL.

Section 1. Resolmed hy the House of Representatives, {the In relation t« re.
• sm, , ^ ., , pairs of capltaL

senate (xmcurrvng,) i hat the treasurer of state is hereby au

tiioriaed to pay to J. C. Brewster, out ot any money not

otherwise appropriated, such sums as the keeper of the

capitol may certify to the governor is due the said J. C.

Brewster for work done and material furnished in repairing

tlie roof ot the capitol, said sums not to exceed two hundred

dollars.

The said J. C. Brewster to make out an itemized account
of all material furnished, which material is to be furnished
at cost, and tlie number of days work actually done, at three
dollars per day, ten hours labor to be counted one day ; aU
of which the said Brewster shall be sworn to.

Sec. 2. This resolution shall be in force from and after
its ratification.

Ratified the 5th day of April, A. D. 1871.

508 1870-'71.— Resolutions.

BESOLTJTION IN FAVOE OF THE COMMITTEE ON THE tJNI-
VEKSITT.

In favor of the Mesolved l/y the House of Hepresentatmes, {the Senate oon-
University. cv/rrimg^ That the special committee appointed to visit the

University be allowed the sum of forty-seven dollars, the
same being the expenses ot said committee, and the treasurer
is hereby directed to pay the same out oi any moneys not
otherwise appropriated.

This resolution to be in force from its ratification.
Eatified the 5th day of April, A. D. 1871.

RESOLUTION CONCERNING EMPLOYEES OF THE SENATE AND-
HOUSE OF REPRESENTATIVES.

Concerning em- Mcsol/ved hy the Senate of North Ca/rolina, {the Hovse of
an^HoTwe. ^^ Mepresentatwes concurring^ That the auditor is hereby
authorized and directed to audit the account ot any employee
of the senate or of the house of representatives, upon the
certificate of the president of the senate or of the speaker of
the house of representatives, that such services have been
rendered for which the account is presented, and that the
amount is due as stated in said account.
Eatified the 6th day of April, A. D. 1871.

TS^' *''?^

18T0-71. — Resolutions. 509

A RESOLUTION AUTHORIZING THE PAYMENT OF THE EXPENSES
INCURRED IN THE IMPEACHMENT OF GOVERNOR W. W.
HOLDEN.

Resolved^ {the Senate concurring^ That the auditor of the Payment of ex-
state be and he is hereby authorized and directed to audit ment o?w.^w\
the accounts presented by the managers of impeachment of Ho^<i^^-
Governor "W". TV. Holden, for the employment of counsel,
cierk and messenger, as authorized by act of assembly, to-
wit : for each ot three counsel employed the sum of one
tliousand dollars ; for the clerk the sum of two hundred and
fifty dollars ; lor the messenger the sum of one himdred
dollars ; also seven dollars and ninety-five cents to "W. P.
"Welch for telegraphing for witnesses ; and that he draw
his warrant for the amount thereof and the treasurer is
directed to pay the same.

This resolution shall take effect from its ratification.

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

RESOLUTION AUTHORIZING THE ENGROSSING CLERK OF THE
SENATE TO EMPLOY ASSISTANCE.

Resolved hy t?ve Senate, That the engrossing clerk of the Assistance to ;Eh-

^ ' 3 1 1 1 • 1 grossing Clerk.

senate be and he is hereby authorized to employ such clerical
assistance as is necessary.

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

510 1S70-'T1.— RKsoLu-noNs.

RESOLUTION TO PROVIDE FOR THE DISTRIBUTION' OF THE CON-
VENTION ACT, AND THE ACT IN RELATION TO SALARIES AND

FEES OF COUNTY OFFICERS.

Distribution of SECTioif I. Tlie General Assenihly of North Carolina do

Convention act. ...

resolve, That the contractor for the public printing for th©

year one thousand eight hundred and seventy-one, James H.
Moore, be and he is hereby instructed to make the distri-
bution required by law of the following acts of this gen-
eral assembly, to-wit : " an act to submit tlie question of
convention or no convention to the people," and " an act in
relation to salaries and tees of county officers," and that
such distribution be made as soon after the ratification of
this resolution as possible.

Sec. 2. That the auditor is hereby instructed .to audit the
account of said contractor for postage, which shall be paid
out of the treasury.

Katified the 6th day of April, A. D. 1871.

RESOLUTION IN FAVOR OF DR. GEORGE W. BLACKNALL.

In favor of Dr. & Resohiscl hy the senatey {the house of representati/ms oon-
"VT. Bia<*naii. ourring,) That Dr. George W. Blacknall be re-appointed as
a member of the board of public charities, said appointment
to take eftect from the first of July, anno doraini one thou-
sand eight hundred and seventy-one.

Eatified the 6th d^y of April, A. D. 1871.

A RESOLUTION IN FAVOR OF J. T. BULLABD.

In fa^r Of J.T. Rewlved hy the General As^errkbly of North Carolinay
That the treasurer be and he is hereby autliorized and

BuUard.

1870-'71.— Resolutions. 511

'directed to pay J. T. Billiard, out of any money not other-
wise appropriated, two hundred dollars for services in com-
plaining and delivering the body ot Thomas Lowery to the
:sherilf of Robeson county ; Provided, This shall be in full
•of all claims for said services.

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

A RESOLUTION FOR BELIEF OF G. J. WILLIAMS, SHERIFF OF
CHATHAM CX)UNTY.

Resolved hy the General Assembly of Narth Calroina For ttie relief of

G J Willram<>

That G. J. Williams, sheriff ol Chatham county, be and he sheriff of Chat-
is hereby allowed until the 15th day ot June, one thousand ^^a™ county,
eight hundred and seventy-one, in which to settle with the
treasurer of the county for taxes due the county lor the year
one thousand eight hundred and seventy.

Resolved, That if said taxes are paid on or before the said
fifteenth day of June, one thousand eight hundred and sev-
■enty-one, all the penalties incurred by the said Williams in
•not settling taxes due the county of Chatham shall be
.removed and ol no effect.

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

UEBOLL^'nON TO PAY PRINCIPAL CLERKS OF SENATE AND HOU*K
OF REPRESENTATIVES FOR EXTRA. SKUVICl-IS.

Resolved h/ t/ve House qf Rep^'eseMatives, {the Senate p^y to Principal
<xnvournng,) That tlie public treasurer is authorized and in- J^g^gmbiy for"cx-'
structed to pay to the principal clerks of the senate and tra services,
house of representatives each, one hundred dollars, for extra
services rendered during the present session of tlie general
Assembly ; Provided, Said clerks shall have printed and

512 1870-'71.— Kesolutions.'

ready for delivery the journals of each house for the use of
the members, by or before the fifteenth of June, one thousand
eight hundred and seventy-one.

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

EESOLUTION ALLOWING THE PRINCIPAL CLEKK OF THE SENATE
CLERICAL ASSISTANCE.

Clerical assistance ResolvecL That the principal clerk of the senate is hereby

to clerk of the . i • i i -, i • . ■,

Senate. authorized to employ additional clerical assistance during

the remainder of the session.

Ratified the 5th day of April, A. D. 1871.

1870-71. — REftOLrTioNS^ ' ''>1^

STATE OF NORTH CAROLINA,

Department of state,
Raleigh, May Ist, 1871.

I, Henry J. Menningbr, Secretary of State, hereby cer-
tify that the foregoing are true copies of the original acts and
resohitions on file in this Department.

HENRY J. MENNINGER,

Secretary of State.

AUDITOR'S STATEMEA^r

OF THE

PUBLIC REVENUE AND EXrEWllTlIlE.

AUDITOR'S STATEMENT

FOR THE

Tlscal Tear Eniini SeBlemler 301L 1870.

STATE OF NOETH CAEOLINA,

Auditoe's Office,
Ealei^, November 16, 1870.

JHis Excellency W. W. Holden,

Governor of North Ca/rolvna :

Sir : I herewith transmit to you my annual report of the
receipts and disbursements at the public treasury of the State
of North Carolina, during the fiscal year ending the 30th
day of September, 1870. In doing so, I shall simply reit-
erate what I stated in my last annual report, relative to value
■of taxable property and exemptions.

VALUE OF TAXABLE PEOPEETY.

During the past few years, different standards of value value of taxable
have unfortunately been adopted, not only in different Property,
•counties, but even in different townships of the same county.
This is not only unjust in itself, but creates dissatisfaction
among the people, and therefore, seriously blunders the ad-
ministration of the revenue laws, and should, if possible, be
corrected. It is impossible to find a perfect remedy, but I
a,m inclined to believe that if the plans adopted in many
western states of having a regular officer to make the as-
sessments, with a salary large enough to secure a first rate

51$ - 1870-'71. — Auditor's Statement.

man, slionld be put in force here, the business would ht^
better done than in the present bhindering way. This-
officer should report to the county commibion-ers, who should
equalize the valuation of the several townships. They
should forward an abstract thereof to this department, where-
upon a board, say tlie governor, treasurer, auditor and secre-
tary of state, should be charged with the duty of revising
and equalizing the valuations of the counties. In thi&
way the monstrous inequality of one county paying a larger
sum to tlie state than its neighbor, on exactly the same-
taxable property, may be obviated.

EXEMPTIONS.

Kxcm])tions. The general assembly has power to exempt certain speci-

fied articles, the clause of the constitution in this regard
being as follows: "Property belonging to the state or to-
municipal corporations, shall be exempt from taxation. The?
general asseml)ly may exempt cemeteries, and property held
for educational, scientiiic, literaiy, charitable or religious-
purposes ; also we jring apparel, arms for muster, household
and kitclien ftu-niture, the mechanical and agricultural im-
plements ot mechanics and farmers, libraries and scientific-
instruments, to a value not exceeding three hundred dollars."

The last general assembly exercised this power to the extent
of $300. I feel bound to report that in my opinion the
charitable intent of tlie legi.-lature has generalh- faile^i to
accomplish its object, while it has lost large sums to the
treasury.

Poor men have so small an amount of theexempted articles-
that their relict is quite too inconsiderable. But very many
men have, under this §300 exemption law, been relieved t^*
the extent oi i^500 or $1,000. I firmly believe that it would
be best either tu have no exemption at all, or be reduced \o
$50.

Thus the rule wouhl more universallj- apply, '"each man
pay according to what he is worth," be it much or be i\

1870-71. — Auditok's Statement. 519

little. Whenever this rule is departed from, under the plea
of relieving the poor man, a wide door is open to intentional
and unintentional defrauding the revenue.
I have the honor to be,

With very great respect,

Your obedient servant,

H. ADAMS,

A'uditoi\

AUDITOR'S STATEMENT.

GENERAL STATEMENT.

Balance in the hands of

Public Treasurer, Octo-

ber 1st, 1869,

$ 16,1%

Receipts of Educational

Fund for fiscal year end-

ing September 30th,

1870,

$ 333,973

Receipts of Public Fund

for fiscal year ending

Sept^imber 30th, 1870,

3,557,869

8,891,841

24^

3,908,087

97^

Disbursements of Educa-

tional Fund for the fiscal

year ending September

30th, 1870,

203,411

Disbursements of public

Fund, for fiscal year end-

ing September 30th,

1870,

3,454,214

3,657,625

Leaving in hands of pub-
lic Treasurer, October

Ist, 1870,

■ ■ ■ — ■ —r--

$ 250,412

General statemeai

522

1870-'71. — Auditor's Statement.

Beceipts and dis-
bursements.

KECEIPTS AND DISBUKSEMENTS

OP EDUCATIONAL FUND FOR THE FISCAL YEAR ENDING SEP-
TEMBER 30th, 1870.

October,

Receipts.

Disbursem'ts.

1869.

$ 167,655

$ 100

November,

580

150,332

December,

74,359

2,125

1870.

January,

17,999

259

February,

7,297

3,798

March,

15,187

58i

4,768

April,

13,741

13i

5,605

May,

1,658

10,970

19^

June,

136

5,764

July,

3,292

54|

4,966

August,

151

5,347

02.

September,

31,918

9,374

$ 333,973

76i

% 203,411

1870-71. — Auditoe's Statement.

STATEMENT A.

EDUCATIONAL FUND EECEIPTS.

Educational Food
receipts.

Exhilnting the several sources from, which the receipts of
the ^Educational Fund was derived.

Entries of Vacant Lands,

1,848

Fines, Penalties and Forfeitures,

6,711

State Loans,

164,320

Tax on Auctioneers,

193

" " Polls,

136,076

" " Eetailers of Spirituous Li-

quors,

24,823

333,973

DETAILED AS FOLLOWS :

1869.

Oct.

Sundry persons on account of entries
of vacant lands as follows :

James T. Ritter, Cumberland county,

Phebe Tuttle, Stokes county.

James L. Grant, Transylvania coun-

ty,

Elizabeth Johnson, Johnston county.

Sundry persons on account of fines,

penalties and forfeitures as follows :
L. E. Johnson, Clerk Superior Court,

Davidson county.

B. F. Shaw, Clerk Superior Court,

Harnett county,

M. 0. Sherrill, Clerk Superior Court,

Catawba county,

E. Spruell, Clerk Superior Court,

Tyrrell county.

■

C. L. Summers, Clerk Superior

Court, Iredell county,

212

524

1870-'71.— Auditor's Statement.

18T0.
Educational Fund Oct.
receipts. ^

Nov.

F. A.Eagland, Clerk Superior Court
RockiDgham county,

W. G. Curtis, Clerk Superior Court

Brunswick county,
W. H. Orchard, "Clerk Superior

Court, Cabarrus county,
J. C. Asley, CSerk Superior Court,

Cherokee county,
J. A. Nelson, Clerk Superior Court,

Washington county,
C. Cox, Clerk Superior Court, Pitt

county,
W. S. Foulks, Clerk Superior Court,

Richmond county,

G. H. Brown, Clerk Superior Court,
Wilkes county,

E. E. Brink, Treasurer New Han-
over county,

The following persons for tax on
polls ;

S. E. Belk, Treasurer Mecklenburg
county.

A. E. Hurley, Sheriff Cabarrus
county,

A. F. Hurley, Sheriff Cabarrus
county, for tax on Retailers ol
Spirituous Liquiors,

Sundry persons on account ol entries
of vacant lands as follows :

B. S. Gaither and J. Queen, Burke
county,

Wm. Melvin, Cumberland county,
Wiley B. Childers, Mitchell county,
J. K. Hawkins, McDowell county,
A. R. Shipman, Henderson county,
E. R. Nelson and J. G. Duncan

Henderson county,
Wm. Reese, Henderson county,
Wesley Laws, Alexander county,
Jas.H. Fartling, Watauga county,
Sundry persons on account of fines,

penalties and forfeitures as follows:
G. J. Robinson, Superior Court

Clerk, Wayne county,

215

100

200

359

1,639

82-
8^

261

7
2
3
1

12
25
48

37
37
37
25

10110

1870-71. — Auditor's Statement.

525

1869 ,

Dec.

G-. J. Kobinson, Superior
Clerk, Wayne county,

E. A. Warliok, Superior
Clerk,

Court
Court

$ 55
15

G. Garland, Superior Court Clerk,]

T. D. Johnson, Treasurer o
well county,

f Cas-

S. E. Belk, Treasurer of Mecklen-|

burg county, for tax on poll

307

Sundry persons on account of entriesj

of vacont lands as follows :

1
1

John F. Finley, Wilkes county,]

Daniel Hume, Cumberland

Ransom Burlington, Johnston

Asa Ross, Brunswick

John B. Respaes, Brunswick

John B. Respass, "

R. W. Bridgen, New Hanover

((

Noah Black, Ashe

((

S. J. Pace, Henderson

Wm. Canon, Beaufort

Jas. E. Ward, Duplin

((

J. M. Estes, Caldwell

E. F. Chesson, Washington

S. A. Hinsley, McDowell

Josiah Wiseman, "

W. W. Gilbert,

Balmy Baird, Watauga

William Bragg, Watauga

Cyrus P. Culver, ''

Larkin Hodgins, "

Daniel Cockahurn, Surry

Robert Sheaver, Watauga

Jas. A. Wallace, Montgomery

Moore Snow, Surry

J. C. Copfey, Watauga

John Wilson, "

A. V. English, Transylvania

Jas. Bright, McDowell

Thos. Lovelace, Rutherford

J.- W. Hawkins, McDowell county,

Jas. J. Maffitt, "

Samuel Carpenter, Caldwell

104

B. T. Summers, Currituck

B. T. Summers, "

Educational Fund
receipts.

526

1870-'71. — Auditor's Statement.

1869.
Educational Fund Dec.
receiptB.

county,

Kebecca J. Eplev, Burke county
Wm. Porter, Wilkes

A. L. Maxwell, Henderson
H. Strickland, Cumberland
Riley Dunnan, Surry
Henry Ingold, Catawba
J. H. Bramble, Bladen
Sundry Sheriffs for tax on auctioneers

as follows :
R. M. White, Mecklenburg county,
W. B. Salisbury, Martin
W. A. Walton, Rowan
Sundry Sheriffs taxes on Polls, as

follows :
W. J. Taylor, Green

B. F. Briggs, Wilson
J. H. King, Lincoln
R. M. White, Mecklenburg
R. Watts, Alexander
W. F. Wasson, Iredell
P. C. Riley, Montgomery
A. S. C. Powell, Sampson
G. N. Lewis, Nash
A. Murray, Alamance
W. E. Piercy, Yancey

C. C. Vest, Cherokee
M. C. Brinkley, Chowan
R. M. Stafford, Guilford
John Turner, Orange
A. G. Tweed, Madison
John Pearce, Jones
William Haymore, Surry
R. S. Trogdon, Randolph
G. W. Willoughby, Anson
W. H. Higdon, Macon
J. D. Davis, Carteret
G. W. McKee Gaston,
R. B. Salsbury, Martin
Abner Aydlett, Camden
Geo. Credle, Hyde,
Battle Bryan, Edgecombe
John Patterson, Clay
A. J. Murray, Haywood
Bland Wallace, Duplin
R. R. McCall, Caldwell

county,

4
10

62
50
87
95
25
26
81

75
75
56

1,031 41

1,395

992
2,352

731
1,508

792
1,969
1,371
1,509

585

716

752
2,723
1,863

808

50
52
77
17
08
78
07
80
85
53
21
12
18
33
97

72723

997

2,104

936

783

779

1,037

1,200

607

831

3,087

335

809

1,495

762

50
68
64
85
45
40
99
48
92
84
16
97
35
09

1870-'Y1. — Auditor's Statement.

527

E. A. Gupton, Franklin county,

J. A. Sowers, Davidson, "

Jonas Cline, Catawba "

Martin Walker, Paitherford "

A. H. Simmons, McDowell "
Isaac Pipkin, Hertford "
Wm. Latham, Ashe "
J. C. Ehodes, Wayne "
N. B. Hampton, Polk "
Geo. Nicks, Yadkin "
V. Y. Kichardson, Columbus "
E. G. Hill, Johnston "

B. A. Howell, Kobeson "
Henry White, Perquimans "
M. Mastin, Foreythe "
W. A. Walton, Rowan "
B. F. Willey, Gates "
Joseph Marshal, Stanly "
J. L. Wood, Pasquotank "
E. Murrill, Onslow "
Sundry Sheriffs for tax on retailers

of spirituous liquors as follows :
W. J. Taylor, Green county,

B. F. Brings, Wilson "
J. H. King, Lincoln "
R. M. White, Mecklenburg "
R. Watts, Alexander "
W. F. Wasson, Iredell "
P. C. Riley, Montgomery "
A. S. C. Powell, Sampson, "
Geo. N. Lewis, Nash "
A. Murray, Alamance "

C. C. Yest, Cherokee "
M. C. Brinkley, Chowan "
R. M. Stafford, Guilford "
John Turner, Orange "
A. G. Tweed, Madison "
John Pearce, Jones "
Wm. Haymore, Surry "
R. F. Trogden, Randolph "
G W. Willoughby, Anson "
W. H. Higdon, Macon "
J. D. Davis, Carteret "
G. W. McKee, Gaston "
R. B. Saulsbury, Martin "

1,489

2,096

1,224

1,171

744

1,035

920

1,539

312

1,004

1,252

2,062

2,208

752

1,557

1,968

885

800

746

958

456

249

104

611

201

269

133

513

351

147

164

315

161

627

25 Educational Fund
YK receipts.

07
14
41

70
15
22
49
86
83
56
07
10
07
78

49
03

50
25
10
90
50
68
39

25
56
50

25
75
38
36
98
36
63
41
50
29

528

1870-'71. — Auditor's Statement.

_ ,. ,^ ^ 1869
Educational Fund -p.
receipts. JJec.

1870.
Jan'y.

Abner Aydlett, Camden county

Geo. Credle, Hyde "

Battle Bryan, Edgecombe "

A. J. Murray, Haywood "

Bland Wallace, Duplin "

E. A. Gupton, Franklin, "

J. A. Sowers, Davidson "

Martin Walker, Pwutherford "

A. H. Simmons, McDowell "
Isaac Pipkin, Hertford "
Wm. Latham, Ashe "
J. C. Khodes, Wayne "
N. B. Hampton, Polk "
Geo. Nicks, Yadkin "
Y. V. Richardson, Columbus "
E. G. Hill, Johnston "

B. A. Howell, Robeson "
Henry White, Perquimans "
W. A. Walton, Rowan "

B. F. Willey, Gates

Joseph Marshal, Stanly "

J. L. Wood, Pasquotank "

E. Murrill, Onslow "
Sundry persons on account of fines,

penalties and forteitures, as fol-
lows:

C. C. Hade, Montgomery, county,
R. F. Trogden, Randolph "

S. Herrell, Hortferd county, "

A. C. Huggins, Onslow county,
W. R. Odoms, Northampton "

Sundry Sheriffs and Tax Collectors
for tax levied on polls as tollowa :
E. R. OutUw, Bertie county,

J. J. Hasty, Union "

C. Garland, Mitchell '•

R. Hamilton, Transylvania "
W. W. N. Hunter, Lenoir "
Samuel T. Carrow, Beaufort "
S. P. Swain, Brunswick "

G. M. Webb, Tax Collector Clcave-

land county,
J. M. Bateraan, Washington county,
R. S. Ledbetter, Tax Collector Rich-_

1870-71. — Auditor's Statement.

529

mond corntv,
J. J. E. Jones', Alleghany county
R. J. Haswell, Tyrrell "

H. T. Grant, Northampton "
J. W. Hays, Wilkes "

Sundry Sheritls and Tax Collectors
for tax on retailers ot spirituous
liquors as follows :
E. K. Outlaw, Bertie county,

J. J. Hasty, Union "

R. Hamilton, Transylvania "
W. W. N. Hunter, Lenoir "
Samuel T. Carrow, Beaufort "
S. P. Swain, Brunswick "

J. M. Bateman, Washington "
R. G. Ledbetter, Tax Collector, Eich-

mond county,
R. J. Haswell, Tyrrell county,

H. T. Grant, Northampton "
J. W. Hayes, Wilkes "

The following Sheritls, for tiix on

Auctioneers :
W. W. N. Hunter, Lenoir county,
J. M. Bateman, Washington "
I Sundry persons on account of fines,
penalties and forfeitures, as fol-
lows ;
W. W. Watts, Clerk Superior Court,

Martin county,
Henry Clapp, justice of the Peace,

Guilford county,
B. F. Shaw, Clerk Superior Court,

Harnett county,
E. M. Stevenson, Clerk Superior

Court, Alexander county,
Geo. Laws, Clerk Superior Court,

Orange county,
S. Fisher, Justice ot the Peace, Ca-
barrus county,
P. T. Massey, Clerk Superior Court,

Johnston county,
J. D. Massey, Justice of the Peace,

Johnston county,
Jas. Rumley, Clerk Superior Court
Carteret county,

1 127 18 Edticational Fund
'35^^(3 receipts.

703
2,088
1,089

77
18

218 85
152
21
30033
44113

342
853

384

49
75
15

25 25
1165

2165
10
30
85
5

28
12
27

530

1870-'71. — Auditoe's Statement.

1876.

Educational Fund Yeh
receipts.

H. R. Alston, Clerk Superior Court,

Davie county,
J. A. Ragland, Clerk Superior Court,

Rockingham county,

Litterson, Clerk Superior

Court, Martin county,
W. H. Rockett, Justice of the Peace,

Catawba county,
H. T. Brandon, Clerk Superior

Court, Caswell county,
A. Clapp, Clerk Superior Court,

Guiliord county,
Sundry persons on account of entries

of vacant lands as follows :
E. B. Clayton, Geo. W. Wilson,

J. "W. Clayton, Transylvania

county,
Joseph Erckerhan, Surry county, (2

receipts,)

The following sheriffs for tax on auc-
tioneers :
John Riley, Cumberland county,
T. F. Lee, Wake county, (for 1868)
The following persons on account of

fines, penalties and forfeitures:
J. N. Bunting, Clerk Superior

Court, Wake county,
W. H. Orchard, Clerk Superior

Court,
Sundry Sheriffs, &c., for tax on polls

as follows :
John H. Thees, Treasurer Bruns

wick county,
Thomas F. Baxter, Sheriff Curri-
tuck county,
John Riley, Sheriff Cumberland

county,
John 1. Patterson, Sheriff Burke

county,

W. H. Gentry, Sheriff Stokes c'n'ty.
Sundry Sheriffs, for tax on retailers

of spirituous liquors, as follows :
Thos. Baxter, Currituck county,
John Riley, Cumberland "

John T. Patterson Burke "

1870-71. — Axjditor's Statement.

531

W. H. Gentry, Stokes "

T. F. Lee, Wake county, (for 1868),
Sundry persons on account of entries

vacant lands, as follows :
J. II. Wilcrow, Rutherford county,
A. Payne, H. Payne and L. Rice,

Alexander county,
Archibald Hamrick, Rutherford

county,
Mary Parker, Catawba county,
J. E. Heudrick, " "

Squire Yenable, Stokes "

Josiah Bradshaw, Alexand'r "
A. J. Steel, " "

J. H. Childers, " "

Wni. Todd, Mecklenburg "
S. II. Caldwell, Currituck "
John F. Frost, " "

Hodges Gallop, Currituck "
Malcom T. Oliver, Moore "
Jeremiah Smith, Burke "

John Lewis Hicks, Watauga "
C. E. Baird, Watauga county,

G. F. Blackburn, Wilkes "

G. W. Ilendrix, " "

W. G. Miller and others, Rutherlord

count}",
C. A. Conley, Mitchell county,

jj. J). Conlev, " "

Geo. Conley, " "

M. L. Robeson, Henderson "
II. McL. Cameron, Harnett "
Samuel Fowler, Granville "

N". Poyner, Currituck "

JW F. Nash, Stanley "

jAlexander West, McDowell "
J. B. Gillespie, Rutherford "
Hardin Powers, Ashe "

John R, Draughan, Sampson "
F. W. Foster, New Hanover "
J. P. Dickcrson, Mitchell "

Jas. II. Carter, Burke "

J. A, Corpening, Caldwell "
Jas. Smitli, Burke "

Thos. V. Hamlin, Burke "

145

250

7
1

4
1

11
43

5
3

5
75
9
1
6
5
4

19
7

12
6

16
9

13
1

36
3
6
7

35 Educational Finid
receipts.

20
40
84
37
87
95

37
87
87
75
48

35
60
50
25

85
50

62
75
90
12

63
12

62
62
42

532

1870-71. — Auditor's Statement.

Educational Fund
receipts.

TSTOT
M'ch.

Badgett,
county,

Mc-

G. A. Lowe, Surry
0. H. Asliborn, Surry
John Johnson, Surry
H. C. Hampton and Jas

Surry
A. 0. Osborne, Alleghany
Joseph Dixon, Caldwell
II. Price and J. AY. Walker,

Dowell county,
J. r. Hailes, Burke county.
Sundry persons on account of fines,

penalties and forfeitures, as fol-
lows :
R. Parsons, Clerk Superior Court

Ashe county,
G. W. Britt, Justice oi the Peace,

Johnston county,

A. Galloway, Justice of the Peace,

Brunswick county,

D. Spruell, Justice of the Peace,

Washington county,

M. Bateman, Sheriff Washington

county,
Jackson Powell, Justice ot the Peace

Columbus county,
Sundry Sherilis for tax on polls as

follows :
C. L. Aldred, Moore county,
John Barnett, Person county,
J. I. Moore, Granville county,
J. W. Schenck, Jr., New Hanover

county,
John A. Reid, Halifax county,

C. Griffith, Caswell county.
Sundry Sheriffs, &c , for tax on Re-
tailers of Spirituous Liquors, as

follows ;
C. L. Aldred, Moore county,
John Barnett, Person county,
John Foley, Pitt county,
J. L Moore, Granville county,
J. W. Schenckj Jr., New Hanover

county,
John A. Reid, Halifax county,
J. C. Griffith, Caswell county,

25 (
28 i
21

2,
3

20
15 I
30
11
70
6

1,114:

1,2;

1,779

2,9341
2,0761
1,340 <

1171

250

666!

1,096!

1870-'T1. — Auditor's Statement.

533

Sundry persons on account of en-
tries ot vacant lands, as follows :
W. F. Blackwood, Harnett county,
Abraham Starling, Ashe county,
Wm. Prett, Caswell county,
Wesley Thompson, Ashe county,
W. M. Pratt and J. C. Blair, Cald-
well county,
John B. Downing, Cumberland

county,

T. J. Sharpe, Alexander county,
Tircy Webb, Mitchell county,
Joseph AValker, Burke county,
John Thompson, Ashe county,
Elias Hurley, Montgomery county,
Andrew Richardson, Ashe county,
James M. Watts, Alexander county,
Calvin Graybeal, Ashe county,
Edward Manning, Martin county,
J. F. Barrett, Union "

J. N. Sharpe, Alexander "

Moses Teague, Alexander "

Mark M. Waters, Ashe "

W. H. Blevins, Ashe "

John Clark, Randolph "

John M. Denton, Burke "

David Mace, Burke "

A. B. Mast, Watauga "

Benj. F. Baird, Watauga "

Ephriam Abee, Burke "

J. M. Estes, Caldwell "

Geo. Hughes, Davidson "

Alex. Payne, Caldwell "

Lawson H. Link, Caldwell "
W. B. Barbee, Chatham "

H. S. Pearson, Burke "

G. H. Phillips, Ashe "

Tason A. Taylor, Burke "

Andrew Powers, Ashe "

Eli Osborn, Alleghany "

John L. Rliyne, Gaston "

Jas. Lane, Henderson "

John Bickmen, Henderson "
J. E. Smith, Johnston "

Wm. G. Lydas, Henderson "

1
1
3
3
2
1
6
2

30
1
1
3

12
6
4
7
3
9
7
7
1
3
5

12
4
6
6
8

10
4

30
3
2

Educational Fund
receipts.

25
53
50
06

75
62
25
12
53
95
00

25
51
75
25
37
62
50
25
25
62
62
75
37
50
75
75

62
75
49
80

534

1870-71. — Auditor's Statement.

1870.

Educational Fund April,
receipts. ^

county.

Clayton,
county,

Cald-

Elite Simmons, Mitchell
J. B. Grayson, McDowell
Jas. Cronly, Haywood
J. J. Hamlin, Randolph

E. B. Claeton and J. W
Transylvania

Garret Boon, Yancey
Wm. Horton, Watauga
Henry Baylor, Watauga
D. A. Andrews, Transylvania
Isaac Holloway, Wilkes
Robt. Brooks, Surry
James Conley, Mitchell
Wm. Buett and J. 0. Blair,

well county,
W. B. Henesee and J. R. Hawkins

McDowell county,
J. B. Hawkins and W. R. Henesee

McDowell county,
Meredith Queen, McDowell county,
Albert Conley, McDowell
G. W. Kitchens, Transylvania
John A. Long, Cabarrus
James W. Hackett, Wilkes
James Shepperd, Wilkes
Spencer Elliott, McDowell
John Antey, Mitchell

F. E. Alfred, Craven
John R. Ford, Wilkes
Burges Waddle, Wilkes
Miles Hoffman, Gaston
F. Hoffman and S. E. Boteit, Burke

county,

Jeremiah Green, Watauga county,
N. B. Brookshire, Watauga county,
Sundry persons on account of tines,
penalties and forfeitures, as fol-
lows :

Cabarrus county,
Superior Court,

E. G. Irvin, J. B.
E. Spruill, Clerk

Tyrrell county,
B. F. Shaw, Clerk Superior Court,

Harnett county,
T. A. Raglan d. Clerk Superior

Court, Rockingham county,

1870-' 71. — Audh'or's Statement.

535

1870.
April.

Jonathan Trull, Justice of the Peace,

Union county,
Seth B. Forbes, Justice of the Peace,

Camden county,
H. R. Austin, Cferk Superior Court,

Davie county, '
P. R. Martin and others, Justice oi

Peace, Davie county,

F. S. Jones, Justice of the Peace,
Tyrrell county,

G. J. Robinson, Clerk Superior
Court, Wayne county,

L. E. Johnston. Clerk Su^^ei-ior

Court, Davidson county,
W. G. Curtis, Clerk Superior Court,

Brunswick couut_y.
E. M. Stevenson, Clerk Superioi-

Court, Alexander county,
E. A, Osborne, Clerk Superior Court,

•Mecklenburg county,
R. H. Timberlake, (Jlerk Suporioi'

Court, Franklin countj,
Abraham Clapp, Clerk Superioi

Court, Guilford County,
W. S. Cox, Clerk Superior Court,

Hyde county,
S. A. Long, Clerk Superior Court.

Hyde oounty,
E. Belts, Clerk Superior Court, Gran-
ville county,
^?. E. Belk, Treiisurcr, Mecklenburj.-

county,

J. A. McDonail, Clerk S

upei

Court, Cabarrus county
R. R. A\^akeiield, CleilV Superioj

Court, Caldwell county,
N". R. Odam, Clerk Superior Court

Northampton county,
S. E. lieid. Clerk Superior Court

Buncombe count}',
G. L. Windley, Clerk Superior Court.

Beaufort county,
J. E. Asley, (Jlerk Suj)orior Court

Cherokee county, '

57
50
05

12
5

13
222

81
1
1

52 37

46 75

Educational Fnnd
receipts.

68
50

686

1870-'71.~Auditok's Statement.

Educational Fund
re«<eipt6.

1870.
April.

May.

J. D. Southerland,, Clerk Superior

Court, Duplin County,
T. F. Lee, Sheriff of Wake county,

for tax on Auctioneers,
Sundry Sheriffs, for tax on polls, as

follows :

G. J. Williams, Chatham county,
T. W. Patterson, Eock'gham "
T. F. Lee, Wake "

N. R. Jofies, Warren "

The following Sheriffs, for tax on

Retailers of Spirituous Liquors :
G. J. Williams, Chatham county,
T. W. Patterson, Rockingham "
T. F. Lee, Wake "

ISr. R. Jones, Warren "

Sundry Sheriffs, tor tax on Polls tor

the year 1869, as follows:
T. W. Taylor, Henderson county,
John H or ton, Watauga county,
T. W. Taylor, Sheriff of Henderson

county, for tax on Retailers of

Spirituous Liquors, for the year

1869,
Sundry persons during this month

on account of entries of vacant

lands, as follows :
Mc. C. Coffey, Caldwell county
Burrell Pinner, Henderson "
John Lynch, Stokes "

Cany Maxwell, Henderson "
Hugh Ballew, M> Dowell "

James Calhoon, Ashe "

Eli Graybeal, Ashe "

Daniel Reynolds, Bu» combe "
Sundry persons during this month

on acount of fines, penalties and

forfeitures as follows :
A. H. Freeman, Clerk Superior Court

^urry county,
H. F. Brandon, Clerk Superior Court

Caswell county,
J. A. Martin, Clerk Superior Court,

Yadkin county,

1870-71. — Auditors Statement.

637

1870. il

May. ilJ. E. West, Olerk Superior Court,

i! Craven county.

$ 1

iS. S. Harrell, Clerk Superior Court,

j Hertford county,

iJ. II. C. Bryan, Clerk Superior

i Court, Jones county,

jGeo. Laws, Clerk Superior Court,

Orange county.

Peter McEae, clerk superior court,

Richmond county,
R. b\ Trogdon, Sheriff Randolph

county.

B. B. Bulla, clerk superior court,

1 Randolph county.

120

M. Y. B. Gilbert clerk 8U|)erior

court, Currituck county.

Geo. H. Brown, clerk superior

court, AYilkes county,

142

Calvin Cox, clerk superior court.

Pitt county,

265

J. J. Gudger, clerk superior court,

Madison county,

J. A. Martin, clerk superior court.

Yadkin county,

105

iC. C. McMickle, Treasurer, Surry
county, for tax on polls for the

jl year 1863,

400

-lune. iiSundry persons on account of entries

of vacant lands, as follows :

David Greer, Ashe county,

Ashley Woodan, Beaufort county,

A. B. Mart, Watauga county.

J. 0. White, Cleaveland county,

Enoch Perry, Wilkes county,

N. M. Yennellon, Henderson c'nty.

Geo. A. Sawyer, Beaufort county,

A. J. Yolira, Beaufort county.

S. Keerans and C. C. Waide, Mont-

gomery county.

Sundry persons on account of fines.

penalties and forfeitures, as fol-
lows :

|G. Garland, clerk superior court,

■ Mitchell county,

Edacation^ Fond <
receipts. I

538

1870-'71. — Auditor's Statement.

1870.

Educational Fund Jnne.
receipts.

July.

W. G. Curtis, clerk superior court,

Brunswick county,
J. K. Morrisey, clerk superior

court Sampson county,
Sundry persons on account of entries

of vacant lands, as follows :
Aaron Sanders, Caldwell county,
Thos. J. Page, Bladen county,
E. King, Onslow county,
Alexander Elrod, Watauga county,
N. B. Bernett, Brunswick county,

C. Yan Shyck, Currituck county,
J. Mathews, Sampson county,
Jonathan Corter, Cumberland c'nty,

D. Home, Cumberland county,
Sundry persons on account of fines,

penalties and forfeitures, as tol-

lows:
C. L. Sommers, clerk superior court

Iredell county,
N. K. Odorn, clerk superior court,

Northampton county,
J. A. Nelson, clerk superior court,

Washington county,
T. A. Ragland, clerk superior court,

Rockingham county,
F. D. Irwin, clerk superior court,

Burke count}^,
P. T. Massey clerk superior court,

Johnston county,
M. 0. Slierrill, clerk superior court,

Catawba county,
Eli Spruill, clerk superior court Tyr-
rell county,
H. B. Austin, clerk superior court,

Davie county,
J. T. Gregory, clerk superior court,

Halifax count}',
A. J. Mason, clerk superior court,

Bo wan county,
R. M. Wakefield, clerk superior court

Caldwell county,
E. A. Osborne, clerk superior cour'^,
1 Mecklenburg count}',

9
12
12

1
1

98
IS
21
19
27
34
67
10
19
159
93
72
85

ISTO-'Tl. — Acditok's Statement.

539

J. P. Jenkins, clerk superior court,

Nash county, <

D. O. H. W. Gillispie, clerk superior

court McDowell county,
J. Jenkins, clerk superior court,

Cleaveland county,
S. T. Petty, Clerk Superior Court,

Chatham county,
L. E. Johnston, Clerk Superior

Davidson county,
J. E. Reed, Clerk Superior Court,

Buncombe county,
Abraham Clapp, Clerk Superior

Court, Guilford county,
W. R. Skinner, Clerk Superior

Court, Chowan county,
C. C. Wade, clerk superior court,

Montgomery connty,

B. F. Shaw, clerk superior court.
[Harnett county,

Cahdn Cox, clerk superior court,

Pitt county,
R. K. Timberlake, clerk superior

court, Franklin county,
W. P. Gurley, clerk superior court,

Bertie county,

C. M. Pace, clerk superior court,
Henderson county,

J. S. Gudger, clerk superior court,

Madison county,
J. M. Covington, clerk superior

court, Anson county,
The following persons for 75 per

cent, county capitation tax :
S. E. Belk, Treasurer of Mecklen-
burg county,
N. R. Jones, sheriff of Warren

county,
Sundry persons on account of entries

of vacant lands as follows :
H. Ledford, Mitchell county,

J. R. Neal, McDowell "

O. P. Moore, " "

James Bailey, Mitchell "

Stephen Williams, Watauga "

83^
5780

57
59
54

Eduo&tioDal Fund
receiplfl.

22175
21180
50
18|45
10
54
7
60
77
80
88

536
1,315

5
12

50
37

540

1870-'71. — Aijditob's Stateme^stt.

1870
Educational Fund "a
receipts. -^^g-

Sept.

Sundries persons on account of fines,
penalties and forfeitures, as fol-
lows*:
W. J. Critchen, clerk superior court,

Watauga county,
J. A. Long, clerk superior court,

Hichmond county,
James Martin, clerk superior court,

Stokes county,
M. "V^. B. Gilbert, clerk superior

court, Currituck county,
G. W. Flow, clerk superior court,

Union county,
W. G. Curtis, clerk superior court,

Brunswick countyj
S. P. Sherrill, clerk superior court,

Lincoln county,
G. H. Brown, clerk superior court,

Wikes county,
Received of sundry sheriffs and tax
collectors, during this month, tax
on polls for the year 1870, as fol-
lows:
R. B. McCall, sheriff of Caldwell

county,
R. M. White, sheriff Mecklenburg

county,
J. L. Laxton, Treasurer Burke coun-
ty, 75 per cent, county capitation
tax,
Joseph Marshall, sheriff Stanley

county.
Bland Wallace, sheriff Duplin co'ty,
Elijah Murrill, sheriff Onslow co'ty,
A, F. Hurley, sheriff Cabarrus co'ty,
J. M. Johnson, tax col. Davie co'ty,
Abner Aydlett, sheriff" Camden Co.,
P. C. Riley, sheriff' M'tgom'ry "
A. S. C. Powell, sheriff Sampson

county,

John Patterson, tax col. Craven Co.,
W. F. Wasson, sheriff Iredell "
H. W. Mays, sheriff Alexander "
R. C. Perkins, sheriff Burke "
G. W. McKee, sheriff Gaston "

10
5

45
1

118

729
2,4:29

643

700
1,674

933
1,640
1,220

556

63
0<)
li>
65

56
99
841 23

2,029
2,495
1,561
691
963
1,118

39
4S
53
79
41
59

IS TO-' 71. — Attditor's Statement.

541

1870.
Sept.

J. J. Hasty, sheriff Union "

J. H. Duncan, tax col. McDowell

county,
W, J. Taylor, sheriff Greene Co.,
J. L. Smathers, tax collector of Hay-
wood county,
R. M. Stafford, sheriff of Guilford

county,
J. H. Lanning, sheriff' of Transylva-

county,
J. M. Roane, sheriff Macon county, j
Thos. N. Jordan, tax collector Cas-
well county,
Received ot sundry sheriffs and tax
collectors during this month, tax
on retailers, as follows :
R. M. White, sheriff' of Mecklenburg

county,
James Marshall, sheriff Stanley

county.

Bland Wallace, sheriff Duplin c'nty,
Elijah Murrill, sheriff' Onslow "
A. F. Hurley, " Cabarrus "
J. M, Johnson, tax collector, Davie

county,
Abner Aydlett^ sheriff Camden

county,
P. .C Riley, sheriff Montgomery

county,
A. S. C. Powell, sheriff Sampson

county,
W. F. Wasson, sheriff Iredell c'nty,
H. W. Mayes, sheriff Alexander

county,
R. C. Perkins, sheriff' Burke county,
G. W. McKee, sheriff Gaston county,
J. J, Hafity, sheriff' Union county,
W. J. Taylor, sheriff' Greene county,
J. L. Smathers, tax collector, Hay-
wood county,
R. M. Staft'ord, sheriff Guiltord

county,
J. H. Lanning, sheriff' Transylvania
county.

1,1^39

759

097

S16
247

392

886

1,891

488

102

187
23
55

4S EdiicadoiiAl FuBid
rec^pts.

72
98

92
16

57
41

75
48

S23

168

136
47

114

133

204

57
50

10
01
30

47i50

542

1S70-' 71. — AuinToii's Statement.

1870.
Kdocational Fimd Qc.T^f

Thofi. L. Jordan, tax collector, Cas-
well county,

Received ot sundry sheriffs during
this month, tax on auctioneers, as
lows:

R. M. White, sheriff of Mecklenburg
county,

Abner Aydlett. sherifi' Camden c^nty,

1S70-'71. — Auditor's Statement.

543

STATEMENT B.

EDUCATIONAL FUND (DISBURSEMENTS.)

Showing tJoe d'cfferenit jpurposes for which the Disbursements
of the Educational Fund were made.

Educational Fuad
disbiarsemeiite.

Common Schools,

% 38,981

Expense account,

2,014

Investment in special tax bonds,

150,000

Loan to University ol North Caro-

lina,

10,000

Loan to the Institution for the Deaf

and Dumb and Blind,

2,000

Tax on polls refunded,

415

$ 203,411

DETAILED AS FOLLOWS :

186§I

Oct.

Nov.

Rev. J. W. Hood, Agent for Board
of Education, salary per month of
September, 1869.

D. A. Jenkins, Public Treasurer, in
full for three notes bearing date
April 6th, 10th and 13th, 1869, for
amount loaned the State of North
Carolina by the Board of Educa-
tion of said State, the principal of
each note being respectively $30,-
000, $70,000 and $58,000— total
$158,000. Interest on the above
notes from their respective dates
to October 11th, 1869, at 8 per
cent per annum, $6,320,

Rev. J. W. Hood, Agent for Board
of Education, salary for the month
of October, 1859,

100

164,320
100

544

1870-'71. — Auditok's Statement.

1869.

Educational Fund iSI^-y
disbursements. -i^<>^.

Dec.

1870.
Jan.

Feb.

D. A. Jenkins, Treasurer Board of
Education, for expenses incurred in
travelling to and from ISTew York
on business for said Board in re-
gard to the school fund,

E,ev, J. W. Hood, Agent Board of
Education, for services rendered
said Boai'd for the month ending
November 30th, 18B9,

Invested by order of Board of Educa-
tion of North Carolina, in special
tax coupon bonds issued for "Wil-
mington, Charlotte and Ruther-
ford Railroad, amounting to four
hundred and fifty thousand dollars,
($450,000).

Rev. J, W. Hood, Agent for Board
of Education, salary for the month
of December, 1869,

R. W. Lassiter, Treasurer for the
University of North Carolina, lor
amount loaned to said University
for the payment ot salaries and
other necessary express,

D. A. Jenkins for advertising pro-
posals for the delivery of certain
bonds, as per bill on iile in office
of Department Public Instruction,
dated New York, October 27th,
1869,

Rev. J. W. Hood, i^genl for Board
of Education, salary for the month
of January, 1870,

John A. Small for the payment oi
vcages of public school teachers in
Pasquotank county.

Rev. J. W, Ilood, Agent for Board
of Education, for expenses incurred!
in travelling on business for said
Board,

Rev. J. W. Hood, Agent for Board
of Education, salary for month of|
February, 1870, '

Sundry persons to pay the wages oil

135

150,000
125

2,000

44
125

182
125

75-

1S70-'T1. — AuDrroK's Statement.

54j^

1870.

public school teacher* employed in
the following counties, viz :

Feb.

J. F. Randolph, treasurer Beaufort

county,

S 314

Juo. C. McCraw, treasurer Warren

county.

368

W. G. Pool, treasurer Pasquotank

county.

857

George A. Ikerd, treasurer Catawba

1,250

county.

700

March.

Sundry persons to pay the wages of
public school teachers, employed
in the following counties, viz :

George A. Ikerd, treasuaer catawba

count}',

343

E. II. Brink, treasurer New Hanover

county.

258

A. H. Foster, treasurer Craven c'nty.

170

J. McKraw, treasurer Warren c'nty.

S. F. Randolph, treasurer Beaufort

county.

J. T. Perry, treasurer Alexander

county.

172

J. A. Woodard, treasurer Chowan

county.

240

C. A. Carlton, treasurer Iredell c'nty.

305

Stephen Johnson, treasurer Wilkes

county.

. 720

W. G. Pool, treasurer Pasquotank

county.

302

Hon. R. W. Lassiter, treasurer for

the University of North Carolina,

for amount loaned to said Univer-|

sity, for the payment of salaries

and other necessary expenses.

2,00i'

Rev. J. W. H(;od, agent for the

Board of Education, salary for the;

month ot March, 1870,

125

April.

Sundry persons to pay the wages of
public school teacliers employed
in the following counties, viz :

E. R. Brink, treasurer New Hanover

county.

497

E. T. Ciark, treasurer Halifax c'nty,

282

Educational Fund ^

disbursements.

546

1870-'71. — Auditor's Statement.

1870.

Edacationai Fund ^pri]
•disbursements. '

Maj.

E. D. Johnson, treasurer Robeson

county,
Daniel E. Lee, treasurer Tyrrell

county,
C. A. Carlton, treasurer Iredell

county,
J. A. Woodard, treasurer Chowan

county,
R. J. Powell, treasurer Le»oir c'nty,
A. H. Foster, treasurer Craven "
Stephen Johnson, treasurer Wilkes

county,
R. F. Lynville, treasurer Forsythe

county,
W. G. Pool, treasurer Pasquotank

county,
J. T. Perry, treasurer Alexander

county,
J. F. Randolph, treasurer Beaufort

county,
J. K. Null, treasurer Stokes county,
J. L. Hood, treasurer Henderson

county,
Wm. Vuncannon, treasurer Watauga

county,
A. Holland, treasurer Johnston co'ty,
W. H. Soper, for 2000 1st and 2d

grades teachers' certificates fur

nished to Sup't Pub. Instruction
Rev. J. W. Hood, agent for Board

of Education, salary for the month

of April, 1870,
Sundry persons during this month

to pay the wages of public school

teachers in various counties as fol-
lows:
E. D. Johnson, treasurer Robeson

county,
Alfred Holland, treasurer Johnston

county,
0. C. McMickle, treasurer Surry

county,
W. L. Cecil, treasurer Davidsonl

county, II

1870-'71. — Auditok's Statement.

54T

J. F. Eandolph, treasurer Beaufort

county, I

Stephen Johnson, treasurer Wilkes

county,
R. F. Linville, treasurer Forsythe

county,

J. N. Null, treasurer Stokes county,
W. L. Cecil, treasurer Davidson

county,
S. N. Welch, treasurer Cumberland

county,
J. W. Foster, treasurer Kockingham

county,
W. S. Buchanan, treasurer Mitchell

county,
E. R. Brink, treasurer N. Hanover

county,
A. H. Foster, treasurer Craven co..
W. L. Cecil, treasurer Davidson

county,
Alfred Holland, treasurer Johnston

county,
E. T. Clark, treasurer Halifax co'ty.
C. C. McMickle, treasurer Surr^

county,
Wm. Vuncannon, treasurer Watauga

county,
A. II. Foster, treasurer Craven co'ty.
J. A. Woodard, treasurer Chowai

county,
A. II. Foster, treasurer Craven Qo'ty.
J. S. McCubbins, treasurer Rowai

county,
J. A. McArther, treasurer Duplii

county,
I. F. Randolph, treasurer Beaufor

county,
■5, T. Wilder treasurer, Franklii

county,
V. Holland, treasurer Johnstoi

county,
3.|T. Clark, treasurer Halifax con't}
Ste])lien Johnson, ^treasurer Wilke
county,

358163

626[7i

lOo

232

233
70

255f64

274J50

150

S<>

105

270

ISi)
190

45
242

25 Educational Fi nd
disbursements.

i <*

1870-'71, — Auditoe's Statement.

1870.

Edueattonal Fund May.
disbnraemcnts.

»1 une.

John C. McCraw, treasurer Warren
county,

Henrj'^ Sieger, treasurer Carteret
county,

J. C. McCraw, treasurer Warren
county,

J. r, Randolph, treasurer Beaufort
county,

John Hall, treasurer Guilford co'ty,

A. II. Foster, treasurer Craven co'ty,

W. T. McKoy, treasurer Lincoln
county,

John C. McCraw, treasurer Warren
county,

J. A. Woodard, treasurer Chowan
county,

C. C. McMickle, treasur'r Surry
county,

S. N. Welch, treasurer Cumberland
county,

Alfred Holland, treasurer Johnston
county,

C. A. Carlton, treasurer Iredell co'ty,

Wni. Vuncannon, treasurer Wa-
tauga county,

Alfred Holland, treasurer Johnston
county,

W. J. Riddick, clerk U. S. circuit
court for cost in the case of State
North Carolina and Board of Ed-
ucation vs. Chas. Dewey, assignee,
&c.

R. F. Trogdon, sheriff Randolph
county, for allowances made by
board of county commissioners of
said county on account poll taxes,
1869,

R. W. Lassiter, treasurer University
of Nortli Carolina, for first pay-
ment of a loan of $5000, as per vote
on May 16th,

Paid treasurers of sundry counties
to pay wages of public school
teachers, as follows :

1 870-' 71 . — Auditor's Statement.

949

1870. il 1

■

June.

Henry liieger, treasurer Carteret

county.

$ 40

S. N. Welsh, treasurer Cumberland

county,

E. T. Clark, treasurer Halifax co'ty,

R. F. Linville, treasurer Forsythe

county,

176

E. K. Brink, treasurer New Hanover

county,

A. H. Foster, treasurer Craven co'ty,

J. A, McArthur, treasurer Duplin

county.

175

C. iC. McMickle, treasurer Surry

county.

232

S. N. Welsh, treasurer Cumberland

county.

175

Alfred Holland, treasurer Johnston

county,

245

W. T. McKoy, treasurer Lincoln

county,

909

J. N. Null, treasurer Stokes county.

J. A. McArthur, treasurer Duplin

county.

819

A. H. Foster, treasurer Craven

county,

120

J. C. McCraw, treasurer Warren

county.

115

S. N. Welch, treasurer Cumberland

county.

175

W. L. Cecil, treasurer Davidson

county,

304

Stephen Johnston, treasurer Wilkes

county,

120

John Hall, treasurer Guilford c'nty.

183

J. F. Randolph, treasurer Beaufort

county.

171

C. A. Carlton, treasurer Iredell

county.

Daniel E. Lee, treasurer Tyrrell

county.

165

R. P. Taylor, treasurer Granville

county.

190

J. C. McCraw, treasurer Warren

county,

Educational Fund
dhburfieiueate.

450

1870-71. — Auditor's StxVtkvient.

1 870.

Ednoational Fund June.
disbursements.

Julv.

S. E. Belk, treasurer Mecklenburg

county,
S. T. Wilder, treasurer Franklin

county,
E. D. Johnston, treasurer Robeson

county,
R. J. Powell, treasurer Lenoir c'nty,
H. Wilkerson, treasurer Bladen

county,
Paid J. W, Hood, agent for board of

education, salary for the months

May and June, 1870, ($125 per

month,)
Sundry county treasurers to pay the

wages of public school teacliej-s in

the following counties:
J. A. Woodard, treasurer Chowan

county,
W. T. McKoy, treasurer Lincoln

county,
Ed'w P. iBrink, treasurer New Han-
over county,
R. P. Taylor, treasurer Gi-anville

county,
R, P. Taylor, treasurer Granville

county,
S. N. Welsh, treasurer umberland

county,
S. N. Welsh, treasurer Cumberland

county,
X. H. Foster, treasurer Craven c'nty,
S. T. Wilder, treasurer Franklin

county,
J. W. Duncan, treasurer McDowell

county,
R. F. Taylor, treasurer Granville

county,
Henry Rieger, treasurer Carteret

county,
S, N. Welsh, treasurer, Cumberland

count}',
Eli Graybeal, treasurer Ashe c'nty,
J. C. McCraw, treasurer Warren

county,

160

401

75^

260

138

130

ISTO-'Tl. — ArDiTOR's Statement.

551

1870.
July.

Aug'st

T. C. ]\[cCra\v, treaanrer "Warren
county, i ??

C. A. Carlton, treasurer Iredell |
county, j

Alfred Holland, treasurer Johnston'

county, I

John W. Foster, treasurer IJoekinic-!

ham County, '[

Josiah Nicholson, treasui'er Perqui-i

mans count}', I

Daniel E. Lee treasurer Tyrrell!

county, i

Stephen Johnson treasurer Will:es|

county, !

J. M. Moseley, treatVirer Sampson!

count)', I

W. L. Cecil, treasurer T3avidson

county,

D. S. Thompson, treasurer Alamance
county,

J. W. Hood, Agent board of educa-
tion, salary for the month of July,
1870,

R. B. Salisbury, sheriff of Martin
county, for tax refunded on insol-
vent polls for the year 1869,

Tha treasurers of sundry counties to
pay the wages of public school
teachers, as follows :

A. II. Foster, treasurer Craven c'ty,

Josiah Nicholson, treasurer Perqui
mans county,

Matthew Fultord, treasurer Davie
county,

Henry Keiger, treasurer Carteret
county,

John Hall, treasurer Guilford .'nty.

R. ¥. J.inville, treasurer Forsytlu
county,

R. P. Tajdor, treasurer Granvilk
count)',

S. N. "Welsh, treasurer Cumberland
county,

W. G. Pool, treasurer Pasquotank
county,

195

170

210

125

215

12(

120

65
34

535

307

Educational Fxuid
disbursements.

552

1870-71. — Auditor's Statement.

1870.

Educational Fund Aug't.
disbursements.

D. S. Thompson, treasurer Alamance

coanty,

A. H. Foster, treasurer Craven c'nty,
J. A. McArtliur, treasurer Duplin

county,
Matthew Fulford, treasurer Davie

countj,
Ed. R. Brink, treasurer New Han

over county,
Daniel E. Lee, treasurer Tyrrell

county,
R. P. Taylor, treasurer Granville

county,
Samuel T. Wilder, treasurer Frank-
lin county,
J. F. Randolph, treasurer Beaufort

county,
Eli Graybeal, treasurer Ashe co'ty
Eli Graybeal, treasurer Ashe "
A. R. Thompson, treasurer Bertie

county,
A. R. Thompson, treasurer Bertie

county,
S. N. Welsh, treasurer Cumberland

county,
Alfred Holland, treasurer Johnston

county,
A. H, Foster, treasurer Craven co'ty
A. H. Foster, treasurer Craven "

A. H. Foster, treasurer Craven "
•Jno. Hall, treasurer Guilford "
J. S. Hyatt, treasurer Yancey "
Stephen Johnson, treasurer Wilkes

county,

J. F. Randolph, treasurer Beaufort
county,

B. R. Brink, treasurer N. Hanover
county,

Alfred Holland, treasurer Johnston
county,

Josiah l^icholson, treasurer Per-
quimans county,

1870-71. — Auditor's Statement.

653

S. IST. Welsh, treasurer Cumberland

county,
J. C. McCraw, treasurer Warren

county,
Stephen Johnson, treasurer Wilkes

county,
S. N. Welsh, treasurer Cumberland

county,
Henry Keiger, treasurer Carteret

county,
L. C. Taylor, treasurer Granville

county,
S. IST. Welsh, treasurer Cumberland

county,
J. S. McCubbins, treasurer Rowan

county,
S. E. Belk, treasurer Mecklenburg

county,
J. F. Randolph, treasurer Beaufort

county,

J. N. Null, treasurer Stokes county,
J, N. Null, treasurer Stokes county,
J. W. Hood, agent for Board of Ed-
ucation, salary lor the month of

August 1870,
Paid J. W. Hood, agent for Board

of Education, salary for the month

of September, 1870,
Paid sundry county treasurers to pay

the wages of public school teachers

as follows :
S. T. Wilder, treasurer Franklin

county,
S. N. Welsh, treasurer Cumberland

county,
A. H. Foster, treasurer Craven co'ty,
Geo. A. Ikerd, treasurer Catawba

county.

250

150

130

100

170

180

100
25
25

125

170

Educational Fund
diebursemente.

50
25

554

IS 70-' 71. — Aijditok's Statement.

1869.

Educational Fund Sept.
disbursements.

W. L. Cecil, treasiirer Davidson

county,
Jno. C. McCraw, treasurer Warren

county,

C. A. Carlton, treasurer Iredell co'ty,
C. A. Carlton, treasurer " "
Eli Coalman, treasurer Clay "
S. E. Belk, treasurer Mecklenburg

county,
Jas. A. Woodard, treasurer Chowan

county,

A. H. Foster, treasurer Craven co'ty,
A. I-I. Foster, " " "

S.T. Wilder, " Franklin "

Edmund Coor, " Wayne "
R. F. Linville, " Forsythe "
R. F.Lin ville, " " "

S. E. Belk, treasurer Mecklenburg

county,
C, A. Carlton, treasurer Iredell co'ty,
S. T. Wilder, treasurer Franklin

county,
Eli Coalman, treasurer Clay county,
Henry Rioger, treasurer Carteret

county,

A. H. Foster, treasurer Cra\'en co'ty,
Alfred Holland, treasurer Johnston

county,
Altred Holland, treasurer Johnston
county,

B. P. Clifton, treasurer Franklin
county,

J. C. McCraw, treasurer Warren

county,
J. C. McCraw, treasurer Warren

county,
Altred Holland, treasurer Johnston

county,
E. D. Johnston, treasurer Robeson

county,
Jno. B. Howell, treasurer Caldwell

county,
A. R. Foushee, treasurer Person
Watson Curtis, t.ieasurer Clay co'ty,

1870-' 71 . — Auditor's Statement.

555

John W. Foster, treasurer Kocking-
bam county,

S. E. Belk, treasurer Mecklenburg-
county,

A. R. Fousbee, treasurer Person co'ty

Henry Reiger, treasurer Carteret
county,

Jno. A. McArtbur, treasurer Du
plin county,

Alfred Holland, treasurer Jobnston
countyi,

J. C. Ferebee, treasurer Camen co'ty,

C. A. Carlton, treasurer Iredell co'ty,

C. A. Corlton, treasurer Iredell "

J. T, Perry, treasurer Alexander
county,

W. S. McKee, treasurer Gaston

Henry Keiger, treasurer Carteret
county,

S. E. Belk, treasurer Mecklenburg
county,
county,

Henry Reiger, treasurer Carteret
county.

Refunded to E. Murrill, sheriff of
Onslow county, tax on polls for
the years 1866 and 1867,

Paid R. W. Lassiter, treasurer, etc.,
of University of North Carolina,
on account of a loan to said Uni-
versity ot S6,000, on May 16th,
1870,

Paid John Nichols, treasurer Institu
tion Deaf and Dumb and the
Blind of N. C, for which a note is
given by said Nichols, payable in
90 days with interest, (Towls note
as collateral,)

8750

570

179

167

124
160

181
65

Educational Fund
disbursements.

37
21

3,000

2,000

556

1870-'71. — Auditor's Statement.

RECEIPTS AND DISBUKSEMENTS,
Of Piibiic Fund for Fiscal Year Ending Sept. 30th, 1870.

Receipts and dis-

RECEIPTS.

DISBURSEMENS.

bursements of

Public Fund.

1869.

October,

$ 848,608

$ 1,131,479

November,

105

43,540

December,

2,018,540

1,598,638

1870.

January,

115,325

207,255

Februa.ry,

46,468

24,474

March,

114,663

178,948

April,

206,398

51,314

May,

3,713

23,140

June,

540

26,483

July,

93,205

103,199

August,

236

35,252

September,

111,060

31,487

$ 3,557,867

S 3,454,214

1870-71. — Auditoe's Statement.

557

STATEMENT C.

PUBLIC FUND RECEIPTS.

ExMHUng the several sources from which the receipts of
Pvhlic Fund were derived.

Atlantic Tennessee and Ohio Rail-
road Co., coupons surrendered,

Blank Books and Stationery,

Convention Tax,

Contingencies,

Funding,

Marion and Asheville Turnpike,
(special tax),

Northwestern North Carolina Rail-
road, (special tax),

Public Taxes,

Quarantine Regulations,

Railroad Dividends,

Sales of State property,

Special tax for support of public
schools,

Special tax for the erection and sup-
port of Penitentiary,

Tax on Express Companies,

Tax on Insurance Companies,

Tax on Corporations,

Tax on Attorney's Licenses,

Tax on seals,

Wilmington, Charlotte and Ruther-
ford Railroad Company, for State
coupon bonds on account of stock
subscribed to by state in said road,

"Western North Carolina Railroad
("Western Division) for matured
coupon bonds, and State coupon
bonds on account of stock sub-
scribed to by State,

"Western North Carolina Railroad,
(special tax,)

60,000

7,396

1,742

302

7,147

57,628
483,196

125
180,000

560

22,905

Public Fund
receipts.

05
26

01
45

22,005 82
462188

14,420

275 89

266

27 50

2,001,250

270,000
201,605

558

1870-'T1. — Auditor's Statement.

Public Fund,
receipts.

Wilmington Charlottte and Rutlier-
ford Railroad, (special tax,)

Willianiston and Tarboro' Railroad,
(special tax,)

Western Railroad, (special tax,)

143,998

38,418
43,208

3,557,877

DETAILED AS FOLLOWS

1869.

Oct.

Dr. Wni. Sloan, President Wilming
ton, Charlotte and Rutherford
Raih'oad Company, State conpo
bonds in part payment of stock
subscribed by the State to said
company, including accrued inter-
est on said bonds.

Win. Johnson, President Atlantic
Tennessee and Ohio Railroad
Company, coupons dne October
1st, 1869, required by act issuing
bonds to said company, to be sur-
rendered to the public treasurer.

G. W. Swepson, President Western
Division of the Western North
Carolina Railroad company, cash
in compliance with section 19, of
" an act amendatory of an act to
incorporate the Western Nortl
Carolina Railroad Company," rati
fied January 29th, 1866, to meet
first installment of interest,

G. W. Swepson, (President <fec., ae
above) matured coupon bonds is-
sued in compliance with the above
act, said coupons falling due April
1st, 1869,

A. F. Hurley, sheriff Cabarrus
county, on account of public taxes,
1869,

A. F. Hurley, (sheriff &c., as above)
in full for special taxes levied to
pay interest on coupon bonds is-
sued to the following roads :

501,250

60,000

3,000

87,000
7,964

1870-'71, — Auditok's Statement.

559

Williaraston & Tarboro' E.. H. Co..

Western North Carolina, " "

Wilmington, Charlotte & Hiither-
ford II. li. Co.,

Western E. E. Co.,

North "Western North Carolina E,
E. Co.,

Marion ct Asheville Turnpike Com-
pany,

G. W. Swepson, President Western
Division AVestern North Carolina
E. E. Co., coupon bonds on account
of State stock subscribed to said
Company, authorized b}^ General
Assembly,

J. 3. Davis, quarantine medical offi-
cer at Beaufort harbor, fees from
vessels in quarantine at })ort ot
Beaufort, N. C.

W. G. Curtiss, quarantine medical
officer, fees received from vessels
in quarantine at port of Wilming
ton.

Sundry sheriffs, on account of public
tax, as follows :

W. J. Taylor, sheriff Greene co'ty,

B. F. Briggs, " Wilson "

J. H. Kinff,

" Lincoln

E. M. White, sheriff Mecklenburg

county,
E. Watts, sheriff Alexander co'ty,
W. Y. Wasson, sheriff Iredell "
P. C. Eiley, sheriff Montgom'ry "
A. S. C Powell, sheriff Sampson "
G. N. Lewis, sheriff Nash "

A. Murray, " Alamance "
W. E. Piercy, " Yancey "
C. C. Vest, " Cherokee "

M. C. Brinkley, " Chowan "

E. M. Staffbrd, "

Guilford

John Turner, "

Oi-ange

A. G. Tweed, "

Madison

John Pierce, "

Jones

Wm. Haymore, "

Surry,

733

3,852

2,751

825

1,100
110

180,000

105

4,840
4,347

3,879

17,617
2,420
5,844
2,622
4,511
5,085
5,737
1,237
2,340
1,329

14,100
7,598
1,825
2,226
4,657

81 Public Fund,

79
54

receipts,

32
49

65
75
03

68
20
09
67
65
09
78
40
89

560

1870-'71. — Auditor's Statement.

Public Fund,
receipts.

1869.
Dec

R. F. Trogdoii, sheriff Randolph

county,
G. W. Willonghby, sheriff' Anson
"W. II Iligdon, sheriff' Macon c'nty,
J. D. Davis, sheriff Carteret county,
R. B. Salisbury, sheriff Martin "
Abner Aydlett, " Camden "
George Credle, '' Hyde "
Battle Bryan, sheriff Edgecombe

county,

John Patterson, sheriff' Clay county,
A. J. Murray, sheriff Haywood "

Duplin
Caldwell "
Franklin "
Davidson "
Catawba "
Rutherf rd "
McDowell "
Hertford "
Ashe

Wayne "
Polk "

Yadkin
sheriff' Columbus

Bland Wallace
R. R. McCall, "
E. A. Gupton, "
J. A. Sowers, "
Jonas Kline, "
Martin AYalker, "

A. H. Simmons, "
Isaac Pipkin, "
Wm. Latham, "
J. C. Rhodes, "
W. B. Hampton,"
George Nicks, "
V. V. Richarbson

county,
E. G. Hill, sheriff' Johnston county,

B. A. Howell, " Robeson
Henry White, " Perquimans "
M. Masten, " Forsythe "
W. A. Walton, " Rowan, "
B. F. Willey, " Gates ^ "
Joseph Marshall, sheriff' Stanley

county,
John L. Wood, sheriff' Pasquotank

county,
E. Murrell, sheriff' Onslow county,
Sundry sheriffs for tax levied to pay
iterest on coupon bonds issued to
Wffliamston and Tarboro' Rail-
road company as follows ;
W. J. Taylor sheriff Greene county
B. F. Brings, " Wilson "

J. H. Kim

" Lincoln

Y,6i9
5,001

2,588
2,012
5,092
1,719

2,278[67

87 j
90
30 '

43 ;

15,587
681
2,972
2,238
3 420
4,905
7,634
5,862
3,142
2,548
3,933
2,873

10,092
1,383
3,587

2,968
6,613
3,476
3,484
7,790
9,295
2,368

2,461

3,380
3,120

70
87
18
96
83
63
40
06
18
52
15
16
94
36
77

50
17
32
96
23
46
15

38762

498

56 ,i
10 j

434109

1870-'71. — Auditor's Statement.

561

R. M. "White sherifi Mecklenburg

county,

R. Watts, sheriflf Alexander county,
W. F. Wasson, sheriff Iredell co'ty,
P. C. Riley, sheriff Montgomery

county,
A, S. C. Powell, sheriff Sampson

county,
G. N. Lewis, sheriff Nash county
A. Murray, sheriff Alamance "
W. E. Piercey, sheriff Yancey "
C. C. Vest, sheriff' Cherokee "
R. M. Stafford, sheriff' Guilford "
M. C. Brinkley, sheriff Chowan "
John Turner, sheriff" Orange "
A. G. Tweed, sheriff Madison "
John Pierce, sheriff Jones "

G. W. Willougliby, sheriff Anson

county,

Wm. Hayraore, sheriff Surry county,
R. F. Trogdon, sheriff' Randolph

county,
\W. n. Higdon, sheriff Macon co'ty,
J. D. Davis, sheriff Carteret "
G. W. McKee, sheriff' Gaston "
R. B. Sahsbury, sheriff' Martin "
Ahner Aydlett, sheriff' Camden "
George Credle, sheriff Hyde "
Battle Bryan, sheriff Edgecombe "
John Patterson, sheriff' Clay "
A. J. Murray, sheriff Ilaywood "
Bland Wallace, sheriff Duplin "
R. R. McCall, sheriff Caldwell "
E. A. Gupton, sheriff Franklin "
J. A. Sowers, sheriff Davidson "
Jonas Cline, sheriff Catawba "
Martin Walker, sheriff Rutherford

county,
A. II. Simonds, sheriff McDowell

county,
Isaac Pipkin, sherifi Hertford co'ty,
Wm. Latham, sheriff Ashe "

J. C. Rhodes, sheriff" Wavne "
N. B. Hampton, sheriff Polk "
Geo. Nicks, sheriff Yadkin "

Public Fund,

1,410 56 '^'^^'P*'-

95
32
17
U
49
63
28
29
142116

207
6bT

227

406
417
516
107
216
1,141
165
646

217

416
412

672
215

209
486
487
124
185
1,432
53
254
375
3(
576

5(J0

418

228
338
263
866
13.-
309

48
60

22
84
86
47
09
82
60
93
39
64
13
08
97
39
32

79
23

85
97
86

^62

1870-71. — Auditor's Statement.

Public Fund,
j-eceipts.

1869.
Dec.

V. V. Richardson, sheriff Columbus

county,
E. G. Hill, sheriff Johnston county,
B. A. Howell, sheriff Robeson "
Henry White, sheriff' Perquimans

connty,
M. Masten, sheriff Forsythe county,
W. A. Walton, sheriff Rowan co'ty,
B. F. Willey, sheriti" Gates "

Joseph Marshall, sheriff Stanley "
J. L. Wood, sheriff Pasquotank "
E. Murrell, sheriff' Onslow "

Sundry sheriffs, on account of tax
levied for interest on coupon bonds
issued to the Western North Caro-
lina R. R. Co., as follows :
W. J. Taylor, sheriff" Greene
B. F. Brisrors. " Wilson

co'ty.

J. H. Kincr

&&'=)

Lincoln

R. M. White, sheriff Mecklenburg

county,
R. AVatts, sheriff Alexander co'ty,
W. F. Wasson, sheriff' Iredell "
P. C. Riley, sheriff Montgomei-y "
A. S. C. Powell, sheriff Sampson "
G. N. Lewis, sheriff' Nash "

A. Murray, sheriff' Alamance "
W. E. Piercy, shei-iff Yancey "
C. C. Vest, sheriff Cherokee "
M C. Brinklev, sheriff' Chowan "
R. M. Stafford", sheriff' Guilford "
John Turner, sheriff' Orange "
A. G. Tweed, sheriff' Madison "
John Pearce, sheriff' Jones "

Wm. Haymore, sheriff' Surry "
R. F. Trogdon, sheriff' Randolph "
W. H. Higdon, sheriff Macon "
G. W, Willough by, sheriff' Anson "
J. D. Davis, sheriff Carteret "
G. W. McKee, sheriff Gaston "
R. B. Salisbury, sheriff' Martin "
Abner Aydlett, sheriff" Camden "
George Credle, sheriff Hyde "
Battle Bryan, sheriff' Edgecombe "
John Patterson, sheriff' Clay "

1 S TO-' 71. — A uditok's Statement.

563-

A. J. Mnrra}', sheriff Haywood c'nty,
Bland A\^a]laee, sheriff' Duplin "
R. II. McCall, shei-iff Caldwell "
E. A. Gnpton, sheriff" Franklin "
J. A. Sowers, sheriff Davidson c'nty,
Jonas Kline, " Catawba "
M. Walker, " Entherford "

A. II. Sininionds, sheriff' McDowell
I couTity,

I Isaac Pipkin, sheriff Hertford c'nty,
|Wni. Latham, ^' Ashe "

J. C. Ilhodes, ^' YN'avne "
N. B. Hamilton," Polk,
iGeor^e Kicks, " Yadkin "
;V. V. Richardson, sheriff Columbus
i county,
!E. (t. Hill, sheriff Johnston county,

B. A. Howell, " Robeson "
! Henry White, " Perquimans "
iM. Masten, " P'orsythe "
IW. A. Walton," Rowan "
|B. F. Willey, " Gates

Joseph Marshall, Stanley ''

I J. L. Wood, " Pasquotank '•

E. Murrell, " Onslow "

Sundry sheriffs on account of tax

levied for interest on cou])on
bonds issued to the Wilmini^ton,
Cliarlcttte and Rutherford Rail-
road company, as follows :
VV. J. Taylor, sheriff Greene couTitv
B. F. Bn'.a<;s, " Wilson " * |
'J. 11. Kiiii,^ " Lincoln " ;

R. M. Wlnte, " Mecklenbg" !
R. Watts, " Alexander-' |

jP. C. Riley, sheriff Montiromery " I
jW. F. Wasson, sheriff Iredell " \
Ij A. S. C. Powell, sheriff Sampson"
'Cr. N. Lewis, sheriff Kash county, i
A. Murray, sheriff Alamance county,!
ijW. E. Piercy, sheriff Yancey c'nty,
i'C. C. Vest, sheriff' Cherokee county.
'IM. C. Ih'iidvlev, sheriff Chowan Co..!
ilR. M. Stafford, sheriff Guilford co..
i John Turner, sheriff* Orange count},.

l,33f^.
1,909
1,591
3,029
3,514

98
42
20

Public Fund,
receipts.

2,62661

2,196

1,201

1,775
1,375
4,551
708
1,622

75
16

21
41

78
53

1,36(
3,125

2,446
l,571j80
3,592110
4,103j56
1,060 62
1,134 83

1,868
1,420

67
05

1,442

1,869

1,627

5,287

776

853

2,467

1,526

1,565

1,935

402

811

619

4,281

2,423

63
4

82-
56
51
90
40
09

()(>

S(j
78
07

564

1870-71. — Auditok's Statement.

Public Fund,
receipts.

1869.
Dec.

A. G. Tweed, sheriff Madison c'ntj,
John Pearce, sheriff Jones county,
Wm. Haymore, sheriff Surry c'nty,
G. W. iYillonghby, sheriff Anson

county,
R. F. Trogdon, sheriff Randolpl

county,
W. H. lligdon, sheriff Macon co'ty,
J. D. Davis, sheriff Carteret "
G. W. McKee, sheriff Gaston "
R. B. SaKsbury, sheriff Martin "
Abner Aydlett, sheriff Camden "
Geo. Credle, sheriff Hyde "

Battle Bryan, sheriff Edgecombe "
John Patterson, sheriff Clay "
A. J, Murray, sheriff Haywood "
Bland Wallace, sherifi' Duplin "
R. R. McCall, sheriff Caldwell "
E. A. Gupton, sheriff Franklin "
J. A. Sowers, sheriff Davidson "
Jonas Kline, sheriff Catawba "
M. Walker, sheriff Rutherford "

A. H. Simmouds, sheriff McDowell
county,

Isaac Pipkin, sheriff Hertford co'ty,
Wm. Latham, sherifi Ashe "

J. C. Rhodes, sheriff Wayne "
N. B. Hampton, sherifi Polk "
Geo. Nicks, sheriff Yadkin "

V. V. Richardson, sheriff Columbus

county,
E. G. Hill, sheri:flf Johnston county,

B, A. Howell, sheriff Robeson "
Henry White, sheriff" Perquimans

county,

M. Masten, sheriff Forsythe county,
W. A. Walton, sheriff' Rowan "
B. F. Willey, sheriff Gates "

Joseph Marshal, sheriff" Stanley "
J. L. Wood, sheriff" Pasquotank "
E. Murrell, sheriff Onslow "

Sundry sheriffs on account of tax
levied for interest on coupon bonds
issued to the North-western North
Carolina R. R. Co., as follows :

1870-71. — Auditor's Statement.

565

W". J. Taylor, sheriff Greene county,

B. F. Briggs, sheriff Wilson "
J. II. King, sheriff Lincoln "
R. M. White, sheriff' Mecklenburg

county,
R. Watts, sheriff' Alexander co'ty,
W. F. Wasson, sheriff Iredell "
P. C. Riley, sh'ff' Montgomery "
A. S. C. Powell, sh'ff Sampson "
G. N. Lewis, sheriff' Nash "

A. Murray, sheriff Alamance "
W. E. Piercy, sheriff" Yancy "

C. C. Vest, sheriff Cherokee "
M. C. Br'nLIc',', clieiiu Uiiowan "
R. M. Stafford, sheriff Guilford "
John Turner, sheriff" Orange "
A. G. Tweed, sheriff' Madison "
John Pierce, sheriff' Jones "
G. W. Willoughby, sh'ff Anson "
Wm. Haymore, sheriff Surry "
R. T. Trogden, sh'ff Randolph "
W. H. Higdon, sheriff' Macon "
J. D. ]3avis, sheriff Carteret "
G. W. McKee, sheriff' Gaston "
R. B. Salisbury, sh'ff Martin "
Abner Aydlett, sheriff' Camden "
George Credle, sheriff' Hyde ''
Battle Bryan, sh'ff' Edgecombe "
John Patterson, sheriff Clay "
A. J. Murray, sheriff' Haywood "
Bland Wollace, sheriff" Duplin "
R. R. McCall, sheriff Caldwell "
E. A. Gupton, sheriff' Franklin "
J. A. Sowers, sheriff' Davidson "
Jonas Cline, sheriff' Catawba "
W. Walker, sheriff Rutherford "

A. H. Simmonds, sh'ff'McDowell "
Isaac Pipkin, sheriff' Hertford "
Wm. Latham, sheriff Ashe "
J. C. Rliodes, sheriff' Wayne, "
N. B. Hampton, sheriff l^lk "
Geo. Kicks, sheriff' Yadkin "
Y. V. Rieliardson, sh'ff Col'bua "
E. G. Hill, sheriff Johnston, "

B. A Howell, sheriff' Robeson "

577
747
651

2,115
310
986
341
610

03 Public Fund
QQ receipts.

83
61
99
56
44

625198

774
161
324
347

1,712
969
213
326
624
618

1,004
323
318
729
730
187
278

2,149

381

8627

865

1,004
750
627
343
507
395

1,300
202
463
388
893
699

566

1870-'71*. — Auditoe's Statement.

Public Fund
receipts.

1809.
Dec.

Henry White, sh'ft' Perquimans c'tj,
M. Masten, sheriff Forsjthe "
W. A. Walton, sheriff Kowan "
B. F. Willey, sheriff Gates
Joe Marshal, shei-iff" Stanly "

J. L. Wood,shenff" PHsquotJink "

F. Murrell, sheriff Onslow "
Sundry sheriffs, on account of tax

levied tor interest on coupon bondt-

issued to Western R. R. Co., as

follows :
W. J. Taylor, sheriff" Greene county,
B. F. Bri'ggs, sheriff Wilson
J. H. King, sheriff Lincoln "•

R. M. White, sheriff Mecklenlnug

county,
R. Watts, sheriff' Alexander county,
W. F. Wasson, sheriff Iredell " "
P. C. Riley, sheriff" Montgomery "
A. S. C. Powell, slieritt Sampson ''
jG. K Lewis, sheriff Nash "

jA. Murray, sheriff i\lamance "
jW. E. Piercy. sheriff' Yancey "
0. C. Vest, sheriff (Cherokee "
!m. C. Brinkley, sheriff' Chowan "
JR. M. Staft'ord, sheriff" Guilford "
ijohn Turner, sheriff Oi-ange "
|a. G. Tweed, sheriff Madison ■'
jJolin Pierce, sheriff* Jones ''

G. W. Willoughby,siieriff' Anson ''
Wm. Hayniore, sheriff Surry "
R. F. Troirdon, she; iff Randolph "
W. II. lligdun, sherill' Macon "
J. C. Davis, sheriff' Carteret "
G. W. McKee, sheriti Gaston "
R. B. Salisbury, sheriff Martin "
Abner Aydlett, sheritf Camden "
George Credle, sheriif Hyde "
Battle Bryan, sheiitf Edgecombe "
John Patterson, sheriff Clay "
A. J. Murray, sheriff Haywood, "
Bland Wallace, sheriff" L)uplin, "
R. R. McCall, sheriff C^aldwell "
E. A. Gupton. slieriff' Franklin "

!|J. A. Sowers, sheriff" Davidson "

ISTO-

Auditor's Statement.

567

Jonas Cline, slicriif Cata\v])a c'nt_y,
M. WrtlktM', sl.evifr liiuLerfurd '' '
A. II. SiMiinonds, slfif Mcdowell"
rpaac Pipkin, sheriff Hertford "
Win. Latham, t-heriif Ashe "

T. C. Rhodes, slieriff" Wayne "
N. B. IIanii)ton, shei-ilf Polk "
George Xieks, sheriff' Yadkin "
Y. Y". Ric'iiai'dson, sh'ffColnnibiis"
E. G. Hill, sherilf Johnston county,
P.. A. Iloweil, sheriff P.obeson "
Henry White " Perfjuiinans "
M. Masren, " Forsvthe "

W. A. Walton, " Rowan "

B. F. Willey,
Joe Marshall,
J. L. Wood,
E. Y[wrr.-ll.

(4;itOS •'

Stanl<^v "

Pas. n -tank "

Onslow "

Sundry sheriffs on acconnt of tax le-
vied for payment of State appro
priation to tl'e Marion and Ashe-
ville Turnpike compau}', as fol-
lows :

W. J. Tayloi-, sheriff Gj'cene c'nt".

B. F. P>rigg^,
J H. King,
R. M. Wlnte,
county,

|IR. Watts.

I'W. F. Wasson,

jP. i). Riley,

county,
'A. S. O! Powell,

|j(t. N. Lewis,

! A. Mui'ray,

I \Y. E. Piercy,
(J. 0. Y.;st, ■
M. G. Priiddey,
R. M. Stafford,
John Turner,
A. G. Tweed,

Vnison
Lincoln "
Mecklenburg

Alexander"
L-edell "
^[(.»ntgoniei'y

Sampson c'nty
Nash

Alaiuance "

Yancey "

Gherokee "

Ghowan "

Gnilford "

.Orange "

Madison "

John Pearce, shei-iff' Jones "

G, W. Willoughby, sheriff Anson"
Will. Haymore, sheriff Surry "
R. F. Trogdon, sheriff" Raiidolpli '

5-1:2

47t>

257
380

20(';

975
151
290
201
6G9
524
33H
707
879
227
2-1-3
399
304

85
SO
39
51
83
33
71
63
GO
75
32
81
74
32
27
18
80
31

57
74
65

211
31

34
61
62
77
16
32
24

171
96
21
32
62
61

101

Public Fund
receipts.

56
79
12

58
33
69

16
04
60
43
13
48
81
24
94
32
61
48
88
84

668

ISTO-'Tl. — ^^A-uditok's Statement.

Public Fund

receipts.

1869.
Dec.

W. H. lligdon, sheriff Maeon c'ntj',
J. D. Davis, slierilf Carteret "
G. W. McKee, sheriff Gaston "
R. B. Salisbury, sheriff Martin "
Abner Aydlett, sheriff' Camden "
George Credle, sheriff' ITjde "
Battle Bryan, sheriff' Edgecombe "
John Patterson, sheriff" Clay "
A. J. Murray, sheriff" Haywood "
Bland Wallace, sheriff' Du])lin "
R. R. McCall, sheriff Caldwell "
E. A. Gupton, sheriff' Franklin "
J. A. Sowers, sheriff" Davidson "
Jonas Kline, sheriff' Catawba "
W. Walker, sheriff Rutherford "

A. H. Simmonds, sh'ff McDowell "
Isaac Piiikin, sheriff Hertford "
Wm. Latliam, sheriff Ashe "
J. C. Rhodes, sheriff Wayne "
N. B. Hampton, sheriff Polk "
Geo. JN^icks, sheriff' Yadkin "
V. Y. Richardson, sh'fl" Columbus '•
E G. Hill, sheriff Johnston "

B. A. Howell, sheriff Robeson "
Henry White, sheriff Perquimans "
M. Masten, sheriff Forsythe "
W. A. Walton, sheriff Rowan "

B. F. Willey, sheriff Gates «
Joseph Marshall, sheriff Stanley "
J. L. Wood, sheriff Pasquotank "
E. Murrell, sheriff Onslow "
Sundry sheriffs o;i account of Blank

Books and Stationery furnished by
Secretary of State to the following
counties :
R. Watts, sheriff Alexander county
W. F. Wasson, sheriff Iredell "
P. C. Riley, sheriff' Montgomery c'ty,
A. S. C. Powell, sh'ff Sampson "
G. N. Lewis, sheriff Nash "

A. Murray, sheriff Alamance "

C. C. Yest, sheriff Cherokee "
M. C. IJrinkley, sheriff Chowan "
R. M. Stafford, sheriff Guilford "
Wm. Haymore, sheriff Surry "

1870-'T1. — Auditor's Statement.

569

1869.
Dec.

1870.
Jan.

G. W, AVilloughby, sli'if Anson c'ty
G. AV. McKee, sheriff Gaston "
W. F. Crawford, sheriff" Martin "
xibner Aydlett, sheriff" Camden "
Battle Bryan, sh'ff Edgecombe "
J. A. Sowers, sh'fl' Davidson "
M. Walker, sh'ff Eutherford, "
J. C. Rhodes, sheriff' Wayne "
Henry White, sh'ff" Perquimans "
W. A. Walton, sheriff" Eowan "
Jos. Marshall, sheriff' Stanley "
J. M. Bateman, sh'ff" Wash'gton "
Sundrj^ sheriff's on account of tax
levied on insurance companies in-
corporated out of the State, as fol-
lows :

R. M. White, sh'ff Mecklenb'g c'ty,
M. C. Brinkley, sheriff Chowan "
R. M. Staff'ord, sh'ff Guilford "
B. A. Howell, sheriff" Robeson "
Calvin Cowles, President Wilming-
ton, Charlotte and Rutherford R,
R. Co., State coupon bonds in part
payment of stock subscribed to by
the State in said company,
A. P. Bryan, agent Southern Ex-
press Company, 1 per cent, tax on
gross receipts in the State from
July 1st, 18G8, to April 1st, 1869,
and 2 per cent, on gross receipts
from April 1st, 1869, to Oct. 1st
1869,

Sundry sheriffs and tax collectors on
account ot public tax, as follows :
E. R. Outlaw, sheriff Bertie county,
J. J. Hasty, sheriff Union "

C. Garland, sheriff" Mitchell "
R. Hamilton, sheriff' Transylvania

county,
W. W." ]Sr. Hunter, sheriff Lenoii

county,
S. T. Carrow, sheriff" Beaufort co'ty,
S. P. Swain, sheriff' Brunswick "

134
134
135
135
134
133
147
131
136
133
133
136

1,026
70
72
12

1,500,000

90
15
90
15
90
15
15
90
15
40
40
50

50
83
58
76

31040

6,055
5,925
1,225

1,393

02
14
32

4,732 40
4,61039

l,78l|28

Public Fund

receipts.

1870-'71. — Auditor's Statement.

Is 70.
Jan.

G. JVI. Webb, tax. col. Cleaveland

county,
R. S. Ledbetter, tax col. Richmond

county,
J. M. Bateman, sheriff "Washington

county,

J. C. Jones, sheriff' Alleghany co'ty,
R. J. Ilaswell, sheriff" Tyrrell "
H. T. Grant, sheriif ]S\)rthampton

county,

J. W. Plays, sheriff' Wilkes county,
J. J. Plasty, sheriff' l^nion county

on account of additional puV)lic

tax for 1868,
J. J. Hasty, sheriff' of ITnion county

on account of additional conven

tion tax for 1868,
Sundry sheriff's and tax collectors on

account of blank b'"C)ks and station-
ery furnished various counties by

the Secretary of State for the yeai-

1869, as follows:
J. J. Hasty, sheriff' ITnion county,
Robt. Hamilton, sheriff Tj'ansylvaiii«

county,
W. W." N. Hunter, sheriff Lenoir

county,
R. S. Ledbetter, tax col. Richmond

county,

R. J. iraswell, shei'iff' Tyrrell co'ty,
H. T. Grant, shei'iff Northampton

county,
Sundry sheriffs, itc, on account of

tax levied to pay interest on coupon

bonds issued to Williamston and

Tarboro' R. R. Co., as follows :
E. R. (3utlaw, sheriff" Bertie county.
J. J. Hastv, sheriff" Union "

C. Garland, sheriff' Mitchell "
R. Hamilton, shei'iff Transylvania

county,
W. AV. 'N. Hunter, sheriil Lenoir

county,
S. T. Carrow, sheriff' Beaufort co'ty,
S. P. Swain, sheriff Brunswick "

4,828

5,142

1,509
1,501
1,649

7,708
3,903

62
93

88
01

133

16o

134

134
135

136

90
40

510
534
104

119

379

485

43
18

05
33

292174

1870-71. — AuDiToii's Statement.

571

G. M. AVebb, tax collector Cleaveland

county,
R. S. Ledbetter, tax collector Rich-
mond county,
J. M. Bateinan, sheriff "Washington

county,
J. C. Jones, sheriff Alleghany co'ty,
R. J. Ilaswell, slieriff Tyrrell "
H. T. Grant, sheriff Northampton

county,
J. W. Hays, sheriff' Wilkes county,
Sundry sheriffs, tfec, on account of
tax levied to pay interest on cou-
pon bonds to Western 'N. C. R..
H. Co., as follows :
E. R. Outlaw, sheriff Bertie co'ty,
J. J. Hasty, " Union "
G. Garland, " Mitchell "
R. Hamilton, sheriff Transylvania

county,
W. W. N. Hunter, sheriff Lenoir

county,
Sam'l T. Carrow, sheriff Beaufort

county,

S. P. Swain, sheriff Brunswick co'ty,
G. M. VV^ebb, tax collector Cleve

land county,
R. S. Ledbetter, tax collector Rich-
mond county,
J. M. Bateuian, sheriff Washington

county,
J. C. Jones, " Alleghany "
R. J. Haswell, " Tvrrell "

J. W. Hays, " Wilkes
Sundry sheriffs &c., on account of
tax levied to pay interest on cou-
yjon bonds to the Wihnington,
Cliarlotte & Kutherford R. R! Co.,
as follows :
E. R. Outlaw, sheriff Bertie co'ty,
J. J. Hasty, sheriff Union •'

C. Garland, sheriff Mitchell "

R. Hamilton, sheriff Trans'lv'ia "
W. W. X. Hunter, sheriff Lenoir "
Sam'l T. Carrow, sheriff Beaufort "

440

455

201
134
131

752
338

2,679

2,804

549

625

1,990

2,542
1,536

2,311

2,388

1,060

706

3,951

1,775

1,914
3,003
392
446
1,421
1,816

Public Fund
q-i receipts.

97
52
92

75
la

70
50
04

75
80

20
95
33

09
21
17
91
47
76

572

1S70-'T1. — Auditor's Statement.

Public Fund
receipts.

1870.
Jan.

S. P. Swain, sheriff Brunswick c'ty,
G. W. Webb, tax collector Cleveland

county,
E.. S. Ledbetter, tax collector Eich-

mond county,
J. M. Bateman, sheriff "Washington

county,
J. C. Jones, sheriff Alleghany c'nty,
R. J. Haswell " Tyrrell "

H. T. Grant, " Nortli'pton "
J. AV. Hays, " Wilkes "

Sundry sheriffs, &:c., on account of
tax levied to pay interest on cou-
pon bonds to the ITorth Western
North Carolina Railroad company,
as follows:
E. R. Outlaw, sheriff Bertie county,
J. J. Hasty, ' " Union "
C. Garland, " Mitchell "

R. Hamilton, sheriff Transylvania

county,
W. W. N. Hunter, sheriff Lenoir

county,

S. P. SM-ain, sh'ff Brunswick c'nty,
S. T. Carrow " Beaufort "

G. M. Webb, tax collector Cleave-

land county,
R. S. Ledbetter, tax collector Rich-
mond county,
J. M. Bateman, sheriff Washington

county,

J. C. Jones, sheriff Alleghany c'nty
R. J. Haswell, " Tyrrell " '

H. T. Grant, sheriff Northampton

county,

J. W. Ilays, sheriff Wilkes county,
Sundry sheriffs, &c., on account of
tax levied to pay interest on cou-
pon bonds to the Western Rail-
road company as follows :
E. R. Outlaw, sheriff Bertie county,
J. J. Hasty, " Union "

C. Garland, " Mitchell "

R, Hamilton, sheriff Transylvania
county,

1,097
1,651

76
17

1,7063a

757
504

450

2,822

39
43

l,268f0&

765
801
156

178

568
439

726

660

682

302
201
197

1,129

507

64
30

5a
10-
49'

95^
78.
33

12
24

574
600
117

134

22
97
65

1S70-'71. — Auditor's Statement.

573

W. AV. X. Hunter, sheriff Lenoir

C'uiinty,
S. T. Carrow, sheriff Beaufort c'ntv.
S.P.Swain, " Brunswick"'

J. M. Batenian, slieriff Washington

county,
G. M. Webb, tax collector Clcave-

land county,
R. S. Ledbetter, tax collector Ptich-

mond county,
J. C. Jones, sheriff Allci^^hany c'nty,
K. J. Haswell, " Tyrrell " •
H. T. Grant, sheriff Northampton

county,

J. W^ itays, sheriff Wilkes county.
Sundry sheriffs, &c., on account of

tax levied to pay State appropria-
tion to Marion and Asheville

Turnpike Company as follows :
E. R. Outlaw, sheriff' Bertie county,
J. J. IlastY, sheriff Union "

C. Garland, sheriff Mitchell "
R. Hamilton, sheriff' Transylvania

county,
W. W. N. Hunter, sheriff' Lenoir

county,
S. T. Carrow, sheriff' Beaufort co'ty,
S. P. Swain, sheriff Brunswick "
J. M. Bateman^ sheriff' Washington

county,
G. M. 'Webb, tax col. Cleaveland

county,
R. S. Ledbetter, tax col. Richmond

county,
J. C. Jones, sheriff" Alleghany co'ty,
R. J. Haswell, sheriff TyrreU "
H. T. Grant, sheriff Xurthampton

county,
J. W. Hayes, sheriff' Wilkes county,
Sundry sheriffs on accoiuit of blank

books and stationery fnrin'shed l')y

the Secretary of State to various

counties, as follows :
John Riley, sheriff Cumberland co'ty,
W. H. Gentry, sheriff Stokes " '

426
544
329

227

495

511
151
161

846
380

PubUc Fund
go receipts.

88
32

89
33
37

85
42

76
80
15

72
43

68
21
19

112

134
133

57
13
69

86
65
90

18
08

90
73

90
65

5T4

1870-71.— AuMTOr's STATLilENT,

Public Fund
receipts.

1870.

Sundry sheriffs on aocin.nt of public

tax for 18H9, as follows :
T. F. Lee, sheriff of Wake conntj

for 1868,

T. F. Baxter, sheriff Currituck co'tj,
John Riley, sheriff Cumberland "
W. H. Gentry, shevilf Stokes "
J. P. Patterson, slierilf Burke "
T. F, Lee, shei-iff of Wake county
on account of convention tax for
1808,
Sundry slieriffs on account of tax
levied to pay interest on coupon
bonds to the Williamston and Tar-
boro' P. P. Co., as follows :
T. F. Baxter, sheriff Currituck co'ty.
John Piley, sherifl' Cumberland "
J. P. Patterson, sheriff Bui-ke "
W. 11. Gentry, sheriff Stokes „
Sundry sheriffs, on account of tax
levied to pay interest on coupon
bonds to the Western IST. C. P.
P. Co., as follows :
T. b\ Baxter, sheriff Currituck co'ty,
John Riley, " Cumberl'd "'
John P, Patterson, sheriff Burke

county,
W. H. Gentry, " Stokes "

Sundry sheriffs, on account of tax
levied to pay interest on coupon
bonds, to the Wilmington, Char-
lotte & Rutherford R. P. Co., as
follows :
T. F. Baxter, sheriff Currituck co'ty
John Riley, " Cumberl'd "
John P. Patterson, sheriff Burke

county,

\i. 11. Gentry, sheriff Stokes county.

Sundry sheriffs, on account of tax

levied to pay interest on coupon

bonds to the North Western North

Carolina R, R. Co., as follows :

T. F. Baxter, sheriff Currituck co'ty,

John Riley, " Cumberl'd "

ISTO-'Tl. — Auditor's Statement.

575

1870.

Feb'y.

Joliii P. Patterson, sheriff Burke

county,

$ 480

W. 11. Gentry, slierifF Stokes county,

496

Sundry sheriffs, on account of tax

levied to pay interest on coupon

bonds, to the Western K. K. Co.,

as follows :

T. F. Baxter, sheriff Cnrrituck co'ty.

207

John Kiley, " Cuniberl'd "

770

John P. Patterson, sheriff Burke

county,

360

W. II. Gentry, sheriff Stokes co'ty,

372

Sundry sheriffs, on account of tax

levied to pay interest on State ap-

propriation to Marion and Ashe-

ville Turnpike Co., as follows :

T. F. Baxter, sheriff Currituck co'ty.

John Riley, sheriff Cumberl'd "

102

John Pattei-son, sheriff Burke "

W. H. Gentry, " Stokes "

J. J. Jackson, agent, amount collect-

ed by him for state cotton, less his

commissions 20 per cent.,

560

Marcli.

Sundry sheriffs on account of public

tax tor 1869, as follows:
C. L. Aldrid, tax collector, Moore

county.

3,355

John Barnett, sheriff Person c'nty,

1,335

John Foley, " Pitt "

364

J. I. Moore, " Granville "

11,834

J. W. Schenck, jr., sheriff New

Hanover county.

23,084

John A. Rcid, sheriff Halifax co'nty

8,106

G. W. McKee, sherifi" Gaston c'nty,

1,125

Sundry sheriffs on account of tax

levied to pay interest on coupon

bonds to the Williamstonand Tar-

boro' P. R. company, as follows :

C. L. Aldrid, tax collector Moore

county.

298

John Barnett, sheriff Person co'nty,

408

J. I. Moore, " Granville "

1,045

John A Reid, " Halifax "

780

J. W. Schenck, jr., sheriff New

Hanover county,

1,898

Public Fuud
receipts.

576

18 TO-' 71. — Auditor's STATKvrEWT-

Public Fund
receipts.

1870.
March.

J. C. Griffith, shei-iff Caswell co'nty,
Sundry sheriffs on account of tax
levied to pay interest on coupon
bonds to the Western Xorth Car-
olina K. It. company, as follows;
C. L. Aldrid, tax collector Moore

county,

John Barnett, sheriff Person c'nty,
J.I.Moore, " (Tranville '•

John A. Reid, '' Halitax "
J. W. Schenck, jr., sheriff New
Hanover county, I

J. C. Griffith, sheriff Caswell co'nty
Sundry sheriffs on account of tax
levied to pay interest on coupon
bonds to Wilmington, Charlotte
and Ruthertord Railroad company,
as follows :
C. L. Aldrid, tax collector Moore

county,

John Barnett, sheriff" Person co'nty,
J. I. Moore, sheriff" Granville c'nty,
J. W. Schenck, Jr., sheriff New

Hanover county,
John A. Reid, sheriff" Halifax c'nty,
J. C. Griffith. " Caswell "
Sundry sheriffs, &c., on account of
tax levied to pay interest on State
coupon bonds to the Northwes-
tern North Carolina Railroad
company, as follows :
C. L. Aldrid, tax collector Moore

county,
John Barnett, sheriff Person c'nty
J. W. Schenck, Jr., sheriff New

Hanover county,
James I. Moore, shei-iff Granville

county,
John A. Reid, sheriff Halifax c'nty,
J. C. Griffith, " Caswell " "

Sundrj" sherifis on account of tax le-
vied to pay interest on coupon
bonds to the Western Railroad
company, as follows :

1870-'71. — Auditor's Statement.

57r

C. L. Aldrid, tax collector Moore

county,
Jno. Barnett, sheriff Person county,
J. I. Moore, sheriff Granville c'nty,
J. W. Schenck, Jr., sheriff New

Hanover county,
J. A. Reid, sheriff Halifax county,
J. C. Griffith, » Caswell "
Sundry sheriffs on account of tax le-
vied to pay State appropriation to
Marion and Asheville Turnpike
Company, as follows :
C. L. Aldrid, tax collector Moore

county,

John Barnett, shei-itf Person county
J. I. Moore, " Granville " '

J. "VV. Schenck, Jr., sheriff New

Hanover county,
John x\, Reid, sheriff Halifix c'nty,
J. C. Griffith, " Caswell "
Sundry sheriffs on account of blank
books and stationery furnished va-
rious counties by the Secretary of
State for ISOi), as follows:
J. I.Moore, sheriff of Granville co'ty.
J. A. Reid, sheriff HaHtax " " '

J. C. Griffith, sheriff Caswell "
W. W, N. Hunter, sheriff Lenoir
county, on account of public tax
refunded having been over allowed
in settlement of 1869,
A. P. Bryan, agent Southern Express
Company, 2 per cent, tax on re-
ceipts of said ( -ompanv fVi(m Oct.
Ist, 1869, to Deem Her 81st, 1869
inclusive, in State of Nortli Caro-
lina,
n. J. Menninger, Secretar}' vState.
incorjioration tax of " Southern
Copper Company,"
H. J. Menninger, Secretary of State,
incorporation tax of "Young Men's
Intelligent and Enterprising As-
sociation,"
II. J. Menninsrcr, Sccretarv of State,

337

460

1,176

2,136

877

54560

156

284
117

72'73

133
134
132'

64,44

15069

or.

79
25
20

22
90

Public Fund
receipt*.

78
37
83

83
06

378

18T0-'71. — Auditor's Statement.

Pulilic Fund
rt'ceipts.

1870.
March.

April.

incorporation tax of the " North
Carolina Center Iron Manufactur
ing Co.,"

Sundry sheriffs on account of tax on
Insurance Companies as follows
(for 18 (ID,)

J. I. Moore, sheriff' Granville county,

J. W. Schenck, Jr., sheriff" Kew
Hanover county,

Sundry sheriffs, on account of blank
books and stationery turnished
various counties by the Secretary
of State, for the year 1869, as fo'l-
lovt^s:

E. H. Fallenwider, treasurer Cleave-
land county,

John Chandly, treasurer Madison
county,

S. E. Belk, treasurer Mecklenburg-
county,

H. J. Menninger, Secretary of State,
corporation tax from Oil Hill
Manufacturing Company,

Sundry general agents ot Insurance
Companies, license tax as follows :

W. H. Crow, agent ^tua Life In-
surance company,

Burroughs tfe Springs, agents Equit-
able Insurance company of United
States,

Lawrence & Hummer, agents St.
Louis Mutual Life Insurance com-
pany,

Alex. Stoddard, agent Underwri-
ters' Agency, N. Y„

A. W. Lawrence, agent Brooklyn
Life Insurance company,

Norwood Giles, agent Hartford Life
Annuity Insurance company,

W. L. Smith, agent Manhattan Life
Insurance company, N. Y.,

Martin & Finch, agents Widow's
and Orphans Life Insurance com-
pany of N. Y.,

1870--71. — Atditok's Statement.

57^

.870.
Lpril

S. D. Waitt, agent Coiiiiectient Mu-
tual,
P. F. Pescud, agent National Life
Insurance company, U. S. A. I
W. L. Smith c"c Co., agents Citv Firel
Insurance compan3'^, «i Hartfoid,
Conn.

P. F. Pescud, agent Home Fire In-
surance company of New Haven,
Connecticut, ' i

P. F. Pescud, agent Atlantic Fire
Insurance company of Brooklyn,
Conn.,
VV. L. Smith, agent Widow's and
Orphans Fund Life Insurance
company of Kashville, Tenn..
A. S. Caldwell, agent American Life
Insurance company of Philadel-
phia,
W_. L. Smith & Co., agents Wash
ington Life Insurance company of

P. F. Pescud, agent Putnam Lite
Insurance company of Hartford.

N.y.,

W. L. Smith & Co., agents Mer-
chants and Mechanics Insurance
company,

P. F. Pescud, agent Georgia Ilonre
Insurance company.

A. J. DeRossutt, agent ^Etna Fij-e
Insurance company, of liartlbid
Connecticut,

J. J. Kitchtord, DeSoto Life Insu-
rance company of St. Louis, Mo.,

Barry Brothers, agents Liverpool
and London and Globe Insurance
company,

W. M. Withers, agent North Ameri-
can Life Insurance company of
New Yurk,

J. W. Atkinson, agent North Ameri-
can Fire Insurance company ot
New York,

100

loo
loo

100

100
100

loo

Public FuiKl
receipts.

580

1870-71. — Auditor's Statement.

Public Fund
receipts.

1870.
April.

J. W. Atkinson, agent Virginia
Home Insurance company,

J. W. Atkinson, agent North Ameri-
can Fire Insurance company of
Hartford, Conn.,

J. W. Atkinson, agent Piedmont and
Arlington Insurance company of
Virginia,

J. W. Atkinson, agent Security In
surance compan}^, New York,

E. P. George, agent Phoenix Insu-
rance company, Brookljm,

E. P. George, agent Internattonal
Insurance c<jmpany, N. Y.,

Lavalle, Black & Gibbs, agent Cotton
States Life Insurance company,

W. L. Smith & Co., agents Phcenix
Insurance company, Hartford, Ct.,

E. P. George, agent Hartford Fire
Insurance company,

W. L. Smith & Co., agents Meclianics
Insurance company, Hartford,
Conn.,

G. M. Scott, agent Anchor Life In-
surance company, New Jersey,

The following balance paid by sundry
agents, due the State under rev-
enue law of 1869 :

W. L. Smith & Co., agents Mer-
chants Insurance company, Hart-
ford,

W. L. Smith & Co., agents Mer-
chants and Mechanics Fire Insu-
rance Company of Baltimore, Md.

W. L. Smith & Co., agents Union
Fire Insurance company, of Balti-
more, Maryland,

DeRossett & Co., agents World's
Mutual Life Insurance company
of New York,

Norwood Giles, Agent Hartford Life
Annuity ot New York,

Sundry persons under revenue act
of 1839, on Insurance companies,

T. F. Lee, sheriff Wake county,

1870-71. — Auditok's State^ient.

681

1870.
April.

Wake

Warren "
Henderson "
Watauga

X. H. Jones, " Warren c'ntj,

W. L. Smith & Co., agents sundry

Insurance companies, balance of

tax for 18G9,

Sundry sheriffs on account of public

tax for 1869, as follows:
G. J. Williams, sh'ff Chatham c'nty,
T. W. Patterson " Rock'eh'm
T. F. Lee,
N", R. Jones,
T. W. Taylor,
John Horton,

G. M. Lee, Treasurer of North Car-
olina Railroad company, ilrst pay-
ment ot 3 per cent, dividend, No.
10, due April 1st, 1870, to the
State of North Carolina on its
30,000 shares of stock,
Sundry sheriffs on account of tax le-
vied to pay interest on coupon
bonds to Williamston and Tarboro
Railroad company, as follows :
G. J. Williams, sh'tf Chatham c'nty,
T. W. Patterson, " Rock'gh'm "
T. F. Lee, sheriff Wake county,
N. R. Jones, sheriff' Warren "
T. W. Taylor, sheriff Henderson "
John Horton, sheriff Watauga "
Sundry sheriffs on account of tax
levied to pay interest on coupon
bonds to Western North Carolina
R. R. Company, as follows :
G. J. Williams, sheriff Chatham

county,
T. W. Patterson, sheriff Rockingham

county,
T. F. Lee, sheriff' Wake county,
N. R. Jones, sheriff' Warren "
T. W. Taylor, sheriff Henderson "
John Horton, sheriff' Watauga "
Sundry sheriff's on account of tax
levied to pa}' interest on coupon
bonds to Wilmington, Charlotte
and Rutherford R. R. Co., as fol-
lows :

611

8,253
8,188
24,155
6,120
3,681
1,839

80 Public Fuud
receipts.

20
16
49
40
26

90,000

752
737
1,916
598
340
155

3,953

3,874 40

96
98
15
85
01
95

10,059
3,143

1,785
818

90
07

5S2

1870-71.— Auditor's Statement.

Public Fund
receipts*.

1870.
April.

May.

G. J. Williams, slieritt" Chathatn

conn ty ,
T. W. Patterson, sheriff Tlockinghaui

county,
T. F. Lee, sheriff Wake county,
N. R. Jones, sheriff" Warren "'
T. W. Taylor, sheriff' Henderson "
John Horton, sheriff" Watanga "
Sundry sheriffs on account of tax
levied to pay interest on cnupuii
bonds to Northwestern North
Cai'olina R. R. Co., as follows :
G. J. Williams, sherill Chatham

county,
T. W^. Patterson, shei-itFRockinghani

county,
T. F. Lee, sheriff Wake count}',
N. R. Jones, sheriff' AV^arren "
T. W. Taylor, sheriff Henderson •'
John Horton, sheriff' Watauga "
Sundrj' sheriff's on account of tax
levied to pay interest on coupon
bonds to Western Railroad Com-
pany as follows :
G. J. AVilliams, sheriff Chatham

count}^
T. W. Patterson, sheriff Rockingham

county,
T. F. Lee, sheriff' Wake county,
N. R. Jones, sliL'tiff Warren county,
T. W. Taylor " Henderson "
John Horton, " Watauga "
Sund'y slierifls on account of tax le-
vied to pay appropriations made
by the State to the JMarion and
Asheville Turnjake company, as
follows :
G. J. Williams, sh'ff Chatham c'ntv,

T. W. Patterson
T. F. Lee,
N. R. Jones,
T. W. Taylor,
John Horton,

Rock'trhhu
Wakc^
Warren ''
Ilender.-on "
VVatano-a

Sundry persons on account of blank
books and stationerv furnished va-

S 2,823

2,767
7,185
2,217
1,275
584

1,129

1,106

2,874
898
510
233

874

830
2,155
703
382
175

112

110

287
88
51
23

63.

54
16

98
21
26
01

22
57
45

94:

70
42

1870-'71. — Auditor's Statement.

583

1870.
May.

ri'ons counties by the Secretary of
State for 1S69, as follows:
G. A. Ikerd, troas. Catawba county,
J. B. Powell, " Caldwell
W. J. Taylor, slierilf Greene "
S. A. Keily, " Davie "

Sundry persons on account or tax le-
vied on insurance companies as
follows :

D. W. Courts, agent Piedmont &
Arlington Insurance company,

W. L. Smith & Co., agents Union
Fire Insurance compaaiy of Balti-
more,

W. L. Smith Sc Co., agents Phoanix
Insurance company of Hartford,

Corley & Hay, agents Southern
Life Insurance company,

R. F. Iloke, agent Carolina Insu-
rance company,

Martin & Finch agents Old Domin-
ion Insurance company,

E. P. George, Agent Hartford Fire
Insurance company,

E. P. George, agent International
Insurance company,

DeBossett & Co., agents World's
Lite Insurance company of New
York,

J. A. Young, agent Universal Insu-
rance company,

II. H. Goodloe, agent Globe Mutual
Insurance company,

E. P. George, agent Phcenix Insu
ranee company,

A. W. Lawrence, agent Imperial In-
ranee company of Loudon,

P. F. Pescud, agent Putnam Fire In-
ranee company,

P. F. Pescud, agent Atlantic Fire
Insurance coinpany,

P. II. Gibson, agent Continental In-
surance comjjany of New York,

P. F. Pescud, agent Monumental In-
surance company,

Public Fund,
receipts.

13965

14715
134 90
14G15

100

100
5
100
100
100
18140
289 80

100
100
100
282
100
293
164
100
251

584

1 870-' 7 1 . — Auditor' s St atem knt.

Public Fand
receipts.

1870.
May.

June.

P. F. Fescud, agent Georgia Home
surance company,

P. F. Pescud, agent Excelsior Life
Insurance company of New York,

Souter & Co., late Funding Agents,
for cash received by them in fund
ing operations under funding act
ot^Angust 20, 1868,

J. II. Duncan, treasurer of McDow-
ell county, for stationery, &q., tur-
nished said county by Secretary of
State for 1861*,

Sundry persons, on account of tax
levied on Insurance companies, as
follows :

J. B. liankin, agent Mississippi Val
ley Life Insurance company.

Young & Coekran, U. S. Branch of
N. B. & M. Insurance company oi
London and Edinbnrg,

B. F. Long, agent Empire Mutual
Lite Insurance company, of New
York,

S. T. Carrow, agent Farmers' & Me-
chanics' Life Insurance companj",

E. R. Brink, treasurer of New Han-
over county, on account of blank
books and stationery for said coun
ty tor 1869, furnished by the se-
cretary ot state,

G. M. Lea, treasurer of North Caro
lina Railroad company, 2d pay
ment ot 3 ] er cent, dividend No.
10, due July 1, ls7(», on 80,000
shares of state st(K'k in said co.,

W. H, Bagley, clerk supreme court,
for attorney's liceiises granted du
ring June term, 1870, of the su
preme court, less commission,

A. P. Bryan, agent southern ex-
press company, 2 per cent. State
tax on gross receipts in State of
North Carolina, for quarter ending
June 30, 1870,

1 STO-'Tl. — Auditor's STATr:Mi:xT.

585

Sundry persons on account of In?u
ranee t;ix, as toLows:

W. L. Smith, agont sundry compa-
nies,

DeRosset ik Co., ai^ents "WorldV
[Tniver.-al Lite In^^rance company

T. C. Davis, Craftsman Life Insu-
rance company of Xew ^ ork,

T. C. DeLeon, agent Merchant's In-
surance com}):iny of New York,

Martin ik Finch, airents Widows'
and Orphan's liife Insurance com-
pany,

Martin S: Fincli, airents Widows'
and Orphan's Life Insurance cou)-
P^ny,

Martin & I incli, agents Old Domin-
ion Fiix' Insurance c-ompan}',

A. S. Caldwell, agent American Life
Insurance comj)any,

Burroughs & Sjwings, agents Equit-
able Assurance society, U. S.,

P. F. Pescud, agent National Life
Insui'ance company, I.'. S.,

P. F. Pescud, agent Excelsior Lite
Insurance company. New York,

W. L. Smitli & Co., agents Pluenix
Life Insurance company, Hart-
ford,

W. L. Sniitn dc C-o., agents City Fire
Insurance company, Hartford,

W. L. Siuith «\: Co., agents Merchants
Life Insurance cu)m])any, Hart-
ford,

W. L. Smith iSc C-o., agents Manhat-
tan Life Insurance company, N.

W. L. Smith ct Co. agents Widows*
and Orphan's Fund Insurance
company,

J. A. Byi'ufi, New York Life Insu-

rance company

C. Davis, (.'r

ranee company

10
3

100
100

210

70
2
19
153
32
11

10
13

Public Fund
receipts.

3
35

06
97
96
11

68
89

27
23

C. Davis, (.'raitsman Life Insu-

N. v.,

315

586

1870-71. — Auditor's Statement.

Publi€ Fund

rcceipU.

1870.
June.

tVlex. Stoddart, agent Underwriters'

Agency, N. Y.,
A. J. De'Rossett, agent /Etna Fire

Insurance company,

W. M. Weathers, agent Nortli

American Lite Insurance company

W. H. Crow, agent /Etna Lite Insu-

, ranee company,

A. W. Lawrence, agent Brooklyn

Lite Insurance company,
A. W. Lawrence, agent Imperial

Fire Insurance company,
E. P. George, agent Hartford Fire

Insurance eompauy,
E. P. George, agent Phosnix Fire

Insurance company,
E. P. George, agent International

Insnrnnce company,
S. D. Waitt, agent Connecticut Mu-
tual Lite Insurance company,
Barry Brothers, agents Liverpool
and London Globe Insurance com-
pany,
G. M.' Scott, agent Anchor Life In

surance company,
Norwood Giles, agent Hartford Life

Insurance company,
Harman & Lawrence, agents St.
Louis Mutual Lite Insurance co.,
J. J. Litchford, agent DeSoto Life

Insurance company,
J. W. Atkinson, agent Yirginia

Home Insurance company,
J. W. Atkinson, agent North Amer-
ican Fire Insurance company,
J. W. Atkinson, agent North Amer-

icou Fire Insurance company,
J. W. Atkinson, agent Security Fire

Insurance company,
J. W. Atkinson, agent Piedmont
and Arlington Life Insurance com-
pany,

Corley & Hay, agents Southern Lite
Insurance company.

371

120

59 53

31
54

3
39

30
16

J 8 70-' 71. — Auditor's Statemkkt.

587

1870.
June.

Juhii A. Yonng, agent Universal
Life Insurance conipan}'.

J. A. Bjines, agent New York Life
Insurance company,

P. F. Pescud, ageiit Putnam Fire
Insurance company,

P. F. Pescud, agent Home Lisur-
ance company, ISIew Ilavei!,

P. F. Pescud, agent Atlantic Fire
Insurance company,

P. F. Pescud, agent Georgia Home
Insurance company'

Battle 6c Sons, Attorneys at Law,
for State Treasurer, tor amount
collected by tliem from sui-eties of
J. S. Snow, former sheriff of Hali-
fax county, less expenses and iees
for professional services, the same
being applied on account of State
taxes for 18G7,

J. II. Duncau, treasurer McDowell
county, for part payment for blank
books and stationery,

Sundry persons on account of Insu-
rance tax 1870, as follows:

W. L. Smitli, agent Travelers' Acci-
dent and Life Insui-ai c-3 company,

Lavalle, Black 6z Gibbs, agents Cot-
ton States Life Insurance comp'ny,

Thomas C. Williams, agent Delaware
Mutual Lite Insurance company,

Sundry persons on account of tax
levied on seals for tlie year 1870,

Sundry sheriffs and tax collectors on
account of public tax levied lor
1870, as follows :

R. P. McCall, sheriff Caldwell co'tv.

P. M. Wliite, " Mecklenbnrtr
county,

Jos. Marshall, sheriff Stanlv co't}',

Bland Wallace, " Duplin "

E. Murrell, " Onslow »

A. F. Hurley, " Cabarrus "

J. W. Johnson, tax collector Davie
count V,

20
100
3
22
11
20

694
25

100

■ 9

1,943

9,861
1,327

2,504
1,780
4,584

2,229

Public Fund
13 receipts.

41
49
75
34

76
31
61
20
12

588

1870-'71. — Auditor's Statement.

Public Fund
receipts.

1870.
Sept.

A. Aydlett, slienfi^Taiiidon co'ty.
P. C. Kiley, slieritT Montgomery
county,

A. S. C. Powell, slieriff Sampson
county,

John Patterson, tax collector Craven

county,
W. F. Wasson, sherifi Iredell co'ty.
H. W. Mays, sheriff Al'xand'r "' '
H. C. Perkins, sheriff I-]urke "
G. W. McKee, •' Gaston "
J. J. Hasty, sheriff Union, "

J. H. Duncan, tax collector McDow-

county,

W. J. Taylor, sheriff Greene county,
J. Smathers, tax collector Haywood

county,

B. M. Stafford, sheriff Guilford co'ty,
J. H. Lanning, sheriff Transylvania

county,
J. M. Roane, sheriff' Macon county,
T. N. Jordan, tax collector, Caswell

county,
Sundry sheriffs and tax collectors on
account of tax levied for the sup-
port of public schools lor 1870, as
follows :
R. R. McCall, sheriff Caldwell co'ty,
R. M. White, sh'ff' Mecklenb'rg "
Jos. Marshall, sheriff Stanley "
Bland Wallace, sheriff Duplin "
E. Murrell, sheriff Onslow "

A. F. Hurley, sheriff" Cabarrus "
J. M. Johnson, tax. col. Davie "
A. Aydlett, sheriff' Camden "

P. C. Riley, sh'ff' Montgomery "
A. S. C. Powell, sh'ff Sampson "
John Patterson, tax col. Craven "
W. F. Wasson, sheriff Iredell "
H. W. Mays, sheriff' Alexander "
H. C. Perkins, sheriff' Burke "
G. W. McKee, sheriff Gaston "
J. J. Hasty, sheriff' Union "

J. H. Duncan, tax col. McDowell "
W. J. Taylor, sheriff Greene "

1870-71. — Auditor's Statement.

589

J. L. Smathers, tax col. Haywood "
R. M. Stafford, sheriff Guilford "
J. II. Lanning, sirft'Transylv'iiia "
J. M. Roane, sheriff' Macon "

T. N. Jordan, tax col. Caswell "
Sundry sheriff's and tax collectors on
account of tax levied for the erec-
tion of Penitentiary and support
of convicts 1870, as follows :
R. R. McCall, sh'ff Caldwell co'ty,
R. M. White, sh'ff' Mecklenburg "
Joe Marshall, sheriff" Stanley "
Bland Wallace, sheriff' Duplin "
E. MurrelJ, sheriff' Onslow "

A. F. Hurley, sheriff Cabarrus "
J. M. Johnson, tax col. Davie "
A. Aydlett, sheriff Camden "

P. C. Riley, sh'ff Montgomery "
A. S. C. Powell, sh'ff' Sampson "
John Patterson, tax collector Craven

county,

W. F. Wasson, sheriff Iredell c'nty,
H. W. Mays, sheriff' Alexander "
H. C Perkins, " Burke "

G. W. McKee, " Gaston "
J. J. Hasty, " Union "

J. H. Duncan, tax collector Mc-
Dowell county,
W. J. Taylor, slieriff' Greene c'nty,
J. L. Smathers, tax collector Hay-
wood county,
R. M. Staff'ord, sheriff Guilford c'ty,
J. II. Lanning, " Transylvania

county,

J. M. Roane, sheriff Macon county,
T. N. Jordan, tax collector Caswell

county,

Sundry sheriffs and tax collectors on
account of tax levied 1870 to pay
State appropriation to Marion and
Aeheville Turnpike company, as
follows :

R. R. McCall, sheriff Caldwell c'nty
R. M. White, sheriff' Mecklenburg
county,

512

2,638

263

502

02639

743

3,121

494

822
606
1,678
824
267
521
869

1,556

1,501

466

683

1,179

1,16605

483

97'501
51277

2,638

263

502

1,026

44'

1871^7

7Y PubHc Jond
1-^^ reeeiptfl.

34
31

64
11
26
61
60
61
96
90
56
80

84
54
46
28

34
31

590

1870-'T1. — Auditor's Statement.

Public Fund
receipts.

1870.
Sept.

Jos. Marshall, sheriff Stanley c'nty,
Bland Wallace, " Dnylin "
E. Murrell, " Onslow "

A. F. Hurley, " Cabarrus "
J. M. Johnson, tax collector Davie

county,
A. Aydlett, sheriff Camden county,
P. C. Rile}^, sheriff" Montgomery

county,
A. S C. Powell, sheriff Sampson

count}^,
John Patterson, tax collector Craven

county,
W. F. Wasson, sheriff Iredell c'nty,
II. W. Mays, sheriff Alexander "
H. C. Perkins, " Burke "

G. W. McKee, " Gaston "
J. J. Hasty, " Union "

J. H. Duncan, tax collector Mc-
Dowell county,
W. J. Taj'lor, sheriff Greene c'nty,
J. L. Smathers, tax collector Hay-
wood county,
R. M. Stafford, sheriff Guilford co'ty,
J. H. Lanning, " Transylvania

county,

J. M. Roane, " jSfacon co'ty,

T. N. Jordan, tax collector Caswell

county,

Sundry sheriffs &q.., on account of
blank books, stationery, &c., fur-
nished various counties 1870, as
follows :

Bland Wallace, sheriff Duplin co'ty,
E. Murrell, " Onslow "

A. F. Hurle}^, " Cabarrus "
J. J. Hast}-, " Fnion "

J. H. Duncan, tax collector Mc-
Dowell county,
W. J. Taylor, sheriff Greene co'ty,
J. L. Smathers, tax collector Hay-
wood count} ,
R. M. Stafford, sheriff Guilford co'ty,
T. N. Jordan, tax collector Caswell
county,

1870-'T1. — Auditor's Statement.

591

1870.

Sept.

D. W. Courts, agent Piedmont and
Arlington Lite Insurance Corn-
pan}', one per cent, tax on gross
receipts in State to August 16,

1870,

$ 56

Sundry persons on account of tax on

seals, as follows :

W. H. Mitchell,

W. G. Lewis,

J. B. Neathery,

C. W. Hornei-,

H. J. Menninger, Secretary of State,

tax on charter of Bank of Tarboro'

N. C.^,

C. M. Farriss, for amount refunded,

having been overpaid on wood

account,

R. M. White, sheriii of Mechlenb'g

county, on account ot insurance

tax,

661

W. J. Taylor, sheriff of Greene

county, on account of insurance

tax.

Public Fund
receipts.

392

1870-'71. — xVuditob's Statement.

STATEMENT D.

PUBLIC FUND DIBURSEMENTS.

Showing the different jjurjyoses for loMch the IHsl/urse-
inents of Public Fund were made.

Public Fund dis-
l)ursement8.

Auditor's Department,

$ 5,029

Adjutant General's department,

900

Appropriation lor Artificial Limbs,

510

Agricultural Societies,

1,550

Albemarle & Chesapeake Canal cc,

975

Contingencies,

67,884

Capitol Square,

3,805

Copying Laws,

863

Convict Account, (for keeping, main-

taining, and conveying to Peni-

tentiary,)

4,188

Department of Public Instruction,

3,962

Department ot Public Works,

3,430

Distributing Laws,

337

Executive Department,

9,024

Fugitives from Justice,

7,195

General Assembly,

161,431

Geological Survey,

5,000

Insane Asylum,

63,780

Insane Asylum, (expense account,)
Institution for the Deaf, Dumb and

1,091

-05

Blind,

39,218

Interest on State Coupon Bonds,

1,776

Interest on State coupon bonds, is-
sued to A. T. and 0. R R. co.,

60,000

Interest on State Loans,

9,887

Interest on State coupon bonds is-

sued to W. N. C. R. R, company.

(Western Division,)

87,000

Investigating Committees,

788

«5

Judiciary,

Keeper ot Capitol, and Weights and

53,302

Measures,

949

Marion and Asheville Turnpike

7,775

Militia,

74,742

1S70- 71. — Auditors Statement.

593

\n. W. N. C. R. R., (s]:>ecial tax re-
funded),

Public printing,

Penitentiary,

Presidential and Senatorial Elections,

Public arms.

Public Charities,

Public tax refunded, &c.,

Quarantine Regulations,

Resolutions of General Assembly,

Revised Code,

State Department,

State Loans,

State Library,

Sherilis, for settling taxes,

Treasury Department,

Turnpike Road in Carteret and Cra-
ven counties,

Tax refunded to Insurance Com-
•^ panics,

' W. N. C. Railroad Company, (special
tax, bonds, &c.,)

W. C. aud R. Railroad Company,
interest on special tax, Iwnds, and
special tax refunded,)

W. C. and R. Railroad Company,
(coupon bonds on account of State
BubBcription,)

W. and T. Railroad Company, (in-
terest on special tax, bonds, and
special tax refunded.

Western Railroad Company, (in-
terest on s])ecial tax, bonds, and
special tax refunded,)

W. N. C. Railroad Company, (Wes-
tern Division,') (on account of
State subscription to stock,)

34:,503

74,000

537

172

12,173

1,831

432

7,600

6,263

241,126

1,179

4,354

7,762

72 Public Fund dis-
.q bursements,

97
32
50

57
82
32
50

1,785
1078

137,766

29,530

2,000,000
11,227
30,33847
180,000

$ 3,454,214

594

1870-'71. — Auditor's Statement.

DET.AILKD AS FOLLOWS :

Public Fund dis-
bursements.

1869

Oct.

W. II. Jones, troaRnrcr North Caro-

lina Agricultural v'^ociet}', amount

of appropriation of Genei-al As-

sembl^y to said society for 1809,

S 1,500

Joel T. Crawford, cunnnutation for

loss of arm,

H, Adams, State Auditor, salary f )r

the month of October, ISflU,

20O

A. J. Partin, clerk to Auditor, salary

lor the month ot October, 1809,

Jas. II. Adams, clerk to Auditor,

salary for the month of Oct. 1869,

Solomon Bragg and others, ior ser-

vices rendered on capitol square

and guarding arsenal for the month

of October, 1869,

180

W. W. Holden, Governor of North

Carolina, salaiy for third quarter.

1869,

1,250

W. R, Richardson, Private Secre-

tary, salary for the month of Octo-

ber, 1869,

W. H. Sauls, inessenger, salary for

the month ot October, 1809,

C. W. Ilorner, clerk to Governor,

salary for the month of October,

1869,

100

Sundry persons, under " an act pre-

scribing the poweisand duties oi

the Governor in regard to fugi-

tives from justice," as follows:

G. II. Kimball,

L. II. Mowers,

255

J. P. Parrott,

156

G. W. Tillou,

205

G. R. Kimball,

A. W. Fisher, Adjutant General, 2

months' salary and expenses in

charge of " detective force,"

150

W, C. Kerr, State Geologist, on ac-

count of appropriation for geolo-

gical survey,

3,000

18 70-' 71. —Auditor's Statement.

595

C. "W. Ilorner, treasiirer Insane Asy-
lum, part of appropriation for
said Asylum for 18G9,

C. W . Horner, treasurer Insane Asy-
lum, part ot appropriation for
1869,

W. J. Hook, expenses in removing
Mary E. Hook from Insane Asy-
lum,

Dr. J. H. Miller, expenses lor bring-
ing Mrs. Margaret H. Hines to
the Insane Asylum,

John Kichols, treasurer of Institu-
tion for Deal, Dumb and the
Blind, part of appropriation tor
said Institution, for 18G9,

L. P. Olds, Attorney General, salary
for the month of September, 18G9,

A. W. Tourgee, judge superior
eor.rt, salary for 3rd quarter, 1869,

W. E. Cox, solicitor, 1 certilicate,

P. A. Wiley, cashier Kaleigh Na
tional Bank, for J. A. Ilichardson,
solicitor, 3 certificates,

E. W. Jones, judge superior court,
salary for 3d quarter, 1869,

C. C. Pool, judge superior court,
salary for 3d quarter, 1869,

R. M. I?*earson, judge supreme court,
salary for 3d quarter, 1869,

J. B. Sherard, solicitor, 1 certificate,

I^ichols and Gorman, printing and
binding 165 copies of supreme
court rejiorts and postage on 17
copies mailed,

Xeill McKay, solicitor, 5 certificates,

,S. W. Watts, judge superior court,
salary for 3d quarter, 1869,

jR. P. Buxton, judge suj)erior court,

I salary for 3d quarter, 1869,

jP. A. Wiley, cashier Raleigh Na-
tional Bank for J. A. Richardson,
solicitor, 1 certificate,

R P. Dick, judge supreme court,
salary for third quarter 1869,

$ 5,000
5,000
17
34

1,500
125

120

625

625
40

53720
200

625

40
625

Public Fund dis-
bursements.

506

1870-71. — Auditor's Statement.

1869.

Public Fund clis- Oct.
bursdincnts.

J. V. Sherard, solicitor, 1 certificate,

W. R. Cox, solicitor, 2 certiticatcs,

G. "W. Logan, judge superior court,
salary for od quarter, 1809,

C. R. Thomas, judge superior court,
salary for 3d quarter 18G0,

E. G. Reade, judge supreme court,
salary for 3d quarter 1869,

W. L. Tate, solicitor, 1 certificate,

A. II. Joyce, solicitor, 4 certificate^!,

J. W. Albertson, solicitor, 1 certiii-
cate.

Souter & Co., New York, interest
on coupon bonds,

John Rosemond, e.x])en?es in organ-
izing company " B " North Can;-
lina detailed militia,

Alfred Dockery, chairman peniten
tiary commissioners to locate and
erect a penitentiary, part of ap-
propriation,

M. S. Littleiield, state printer, prin-
ting public laws of the General
Assembly,

L. P. Olds, Attorney General, in-
dexing pnblic laws 1868-69 ot
North Carolina,

M. S. Littlefield, state printer, prin-
ting for sundry departments a>-
per bills liled,

S. M. Parish, pr.nctical printer, ex-
amining accounts of state ])rinter,

M. S. Littlefield, st;ite !)rintcr, })ub-
lishmg sundry pro'-lamations ol
the Governor, and binding 1370
collies pjiblic laws,

M. S. Littlefield, state printer, prin
ting for Executive, Treasury and
State Departments, as per bilh.
filed,

J. P). Davis, Quarantine Medical
Officer, for services in establishing
suitable Quarantine Regulation^
at Port ot Beaufort, North Caro-
lina,

635

625

625
40,
160f

4ot

1,776'

'.
10-

10,000

2,35^16:

100

97491^
3

536 6C0

150'

1870-'71 . — Auditor's Statijment.

51>T

Benjamin Lee, Craft an<] Kossiter

Simpson, on account of appro[)na-

tion for purchasing a site and

erecting a Quarantine Hospital at

Beaufort Harbor, North Carolina,
V. C. Barringer,Code Commissioner.

sahiry for the month of Sept. 1869.
V. C. Barringer,Code Commissioner.

salarj^ for the month of Oct. 1869.
A. F. Hurley, sheriff of Cabarru^

eounty. for settling taxes 1869,
C. M. Farris, Keeper of Capitol and

Weights and Measures, salary toj-

the month of October 1869, "
H. I). Coley, State Librarian, salary

3rd quarter 1869,
H. J. Merininger, Secretary ot State,

salary for the months ot August

and September, 1869,
F. J. Menninger, Clerk to Seci'etary

ot State, salary for the month ol

Oct. 1869,
S. M. Parish, Clerk to Secretary of

State, salary for the month ot Oct.

1869,
Andrew Syme, Clerk to Secretary

of State, salary for the month ot

Oct. 1869,
C. L. Harris, Superintendent of Pult-

lie Works, salary for the month

of October 1869,
Thomas Hampson, Clerk to Superin

tendent Public Works, salary foi

the month oi October 1869,
S. S. Ashley, Superintendent ot Pul)

lie Instruction, salary tor the
month ot October 18H9,
E. S. S. Ashley, Clerk to Su])erinten
dent of Pui>lic Instruction, salar) j
for the month of October ls(;9, ' I
G. W. Swepson, President Western
Division Western North Carolint !
Railroad company, on note foi j
one hundred thousand dollars.!
(§100,000) to said Swepson, l^-esi-i

175

20()

200

79
17.

400

83
75
75

200
75

200
83

Public Fund dis.-
bursements.

598

ISTO-'Tl. — Auditor's Statement.

Public Fund dis-
bursements.

1869.
Oct.

dent of the said road, said note
beai-ing date April 8, 1869, at 8
per ceuc. interest per annum,

G. W. Swepson, President Western
Division Western North Carolina
Railroad company, balance due on
above note ot one hundred thou-
sand dollars,

D. Jenkins, public treasurer, salary
tor third quarter, 1869,

D. W. Bain, chief clerk treasury de
partment, salary for thiixl quarter
1869,

D. A. Jenkins, treasurer board of
education, payment ot principal of
(3) three notes for mone}' borrow-
ed ot board of education, to-wit :
April 6th, 1869, $30,000; April
10th, 1869, $70,000 ; April 13th,
1869, $58,000,

D. A. Jenkins, treasurer board ol
education on three notes for 6
months, at 8 per cent, per annum,
bearing date as follows : April 6,
1869, $30,000; April lOth, 1869,
$70,000; April 13th, 1869, $58,-
000,

G. W. Swepson, President Western
Division of Western Korth Caro-
lina Railroad company, interest on
note for one hundred thousand
dollars, dated April 8th, 1869,

Wm. Sloan, President of Wilming-
mington, Charlotte and Rutherford
Railroad company, five hundred
$1,000 State coupon bonds issued
to said road in part payment of
State subscription to stock in the
same.

Western Union Telegraph Company
telegrams sent and received by
Executive, Treasury and State
Departments during the month of
September, 1869,
J. J. Sawyer, expenses incurred and

63,000

20,126
750

375

'57

158,000

6,320

3,567 S3

500 000

1 870-' 71. — ArDiT(.)R"'s Stateiient.

599

services rendered wliile distribnt-'
ing constitutions ol U. S. Statues^
of"lS6T-'6S and laws of ISGS, inl
23 counties in the extreme western,
portion of tlie State.

Wni. Grant, ])uttiMU' Coal Grate in
Office of State Auditor, I

Southern Express Company, charijes'
on Sundry packaijes as per Ijills, ',

Phil. Thiein, tor 9,6«4 lbs. ice, atj
3|^c. per 11).. furin'shed to the vari-i
ous departments in Capitol, from
July 1st, to ()ct()l)or 5th, 1809, I

D, W. Bain, travelliuir expenses toi
and trum New York on business!
connected Avith Treasurer's De-]
partment,

D. A. Jenkinp, Public Treasurer,
expenses incurred in visiting New
York to settle tlie funding 0]>era-
tions with Souter ife Co., State
Agents, I

Forest Manufacturing Co., for 2001
reams No. 1 Book Paper, 26x40,
50 lbs, ream at $10 per ream,

Raleigh Gas Light Co., Gas con-|
s\imed in CajMtol for month ofl
September, ISO').

Wm. Grant, putting 2 grates in ofiice
of Su])erintendent of Public In-!
struction, i^lT. and repairing done!
in Library and Adujant Generars!
ofiice, ^5, j

W. H. and R. S. Tucker A: Co., foi'
921 yards of Carpet at $2.25 ; P.i
ruggp, $14 : is-i yards of Damask, I
45.33 ; window-shades and lix-l
tures, $32 ; 1 desk, $65 ; 1 desk.
$45 ; 1 dozen chairs, -.45 ; 1 Wal-j
nut table, $23. and sundry other
articles for use of offices in Capitol,
as per bill,

Raleigh Post Office, for postage for
the various departments in capi-
tol, as per bills,

360

338

137

2,000
20

497
301

Public Fund dis-
bursements.

70
64

600

1870-71. — Auditor's Statement.

18t)9.

Public Pund dis- Oct
toursements.

R. W. Best, services rendered Audi-
tor''s, Treasurers and Secretary ol
State, in examining reqaisitions
for stationery ot State officers and!
tlie otticers in the several counties,

S. D. Harrison, for matclies, candles,
buckets, &c., lor use ot capitol, as
per bill on file,

Sonter & Co., one year's salary to
October 1st, 1869, as Financial
Agents of the State of ISTortli Caro-
lina, in the city of New York,

Souter & Co., expenses as Finan-
cial Agents of IS orth Carolina in
advertising in sundry newspapers
and sundry telegrams and sta-
tionery, $329.42, interest on funds
advanced in payment of State
coupon bonds, October, 1868, and
also of above expenses, $68.66,

W. R. Richardson, Private Secre
tary, for selling 500 lx)nds of Wil-
mington, Charlotte & Rutherford
Railroad Company, at 10 cents
each, N.

Southern Express Company, for
charges on packages shipped by
State Department, Treasury De-
partment, Auditor's Department
and State Library, as per bill on
file,

J. E. King, repairing on capitol
square and as watchman,

W. R. Richardson, Private Secre-
tary, for selling 360 bonds for
North Western North Carolina
R. R. Co., at lOc,

K. B. Wait, making 36 boxes for
State department, at $1.15

D. J. Pruyne, 160 cords of wood at
$1.25 per cord, for use of capitol
per bill,

E. Yia, dry goods commission house,
500 yards cai-peting at $2.10 for
the H®iise of Commons,

IS TO- 71. — Auditok's Statement.

101

W. J. Yates, publisliing governors

proclamation and also instructions

to county commissioners in regard

to arranging tax lists,

Thomas Manly and others for cutting

wood for Ci\pitol, as per bill,
John Harris, repairing walks around i

executive mansion,
K. B. Wait, making 12 boxes at

$1.15 each,
A. S. McNeill, for delivering pub-
lic laws in Harnett county,
G. W. Steadman, for delivering pub-

Itc laws in Chatham county,
E. Yia, for 6 cane matts for Senate
Chamber and House of Represen-
tatives at $9.75,
Thomas Manly, and others for cut
ting wood and packing it in wood
house for use ot capitol.
Sentinel Office, for publishing gov-
ernor's proclamation 3 times,
C. Keuster, for repairing locks and
furnishing keys to doors in capitol,
Douglas Bell, for 24 tons coal at $9
per ton, $216, freight, drayage
and commissions on same, $126.96
Rufus Page, for 210 feet lumber for
repairing capitol square wood
house,
Asheville Pioneer, balance for pub-
lishing laws of 1S6S and 1869,
K. B. Wait, for 19 boxes at $1.15

each, for state department,
Raleigh and €raston Railroad, for
freight on 2 boxes of books, for
superintendent of public instruc-
tion,
Atlantic and North Carolina Rail-
road company, for transportation
for five men from Newbern to
Goldsboro, $15 — twenty-six men
from Goldsboro to Newbeme,
$78 — sixteen men from Newlx^rne
to Goldsboro, $iS — freight on fif

25
69
90
13
2
3

Public Fund dis.
burEcments.

3075

78120

33996

336

166
21

1230

602

1ST' >-' 71 . — A L'i)n< )k's State:.ii;nt,

Public Fund dis-
bursements.

Ib69.
Oct.

Nov.

teen boxes ofVuns mikI cartridires,

Friday Jones, Watclmian in capitol,
salary fur month of October, 1869,

Alex. Turner, waiter in capitol, sal-
ary tor n)onth of October, 1S<I9,

H. P. Buncombe, waiter in capitol,
salary for month of October 1809.

Southern Express Company, char^-es
on packages from Ilarrisburg, for
the executive dcjiartmeiit,

J. J. Savryer, for distj-ibuting laws
of 18r>8-'(!9, constitutions and au-
ditors statements, in 24 extreme
AVestern counties of tiie State, as
per agreement with secretary of
state, ' j

Selh Nowell, freight on Ordinance!
Stores, I

Thos. Manly and others, f)r cleaning!
house of representatives, i-emoving|
coal, packing wood, and haulingj
rubbish from capitol squai-e, |

\Vm. Johnson, President Athniticj
Tennessee and Ohio Railroad co.,|
interest on -tate cuiqton Ix^iids, is-
sued to said road,

G. W. Swe])son, President Vv'estern
I)ivi.<ion Western N(»i'th Carolina
Railroad conii)any, interest <iu state
coupon bond!> i.-sued to said road.

G. W. Swepsoii, President Western
Division \\'cstern X(»rth Caro-
lina Railroad coiii|iany, state con
pon bonds in pai't payinunt ol
state subs.-riptioii to stock in said
company,

A. W. Fifiher, Adjutant (TcneraJ,
salary loi- three months. eiidi:ig
31st "October, 1869,

W. W. Jones, treasurer Granville
Agricidtural S(»ciety, in accordance
Avith sec. 8, chap. 2, Revived Code,

H. Adams, State Auditoi', salary tur
the month of ^November, lS<]9,

150
46

22
22

460

34
60,000

87,000

50
50
50

180,000

300

50
200

1S70-'71. — Auditok's Statement.

603

1869.
Xov.

J. II. Adams, Clerk to State Audi-
tor, salary for inontli of Xovember,
1869,

A. J. Parti II, Clerk to State Auditor,
salary for mouth of November,
1869,

Andrew Syme, Clerk to State Audi-
tor, salary tor 15 days,

Solomon Bragg and others, for ser-
vices rendered on Capitol Square,
in State House and guarding
Arsenal during November, 1869,
as per weekly bills, including extra
labor in offices in State House,

E. Williams, repairing 4 gates to
fence around Capitol Square,

John E. Henley, for three days work
in measing Rock Creek and work
done on Carteret Co. Turnpike
Road,

John Simpkins, for three days sur-
veyino; on above Turnpike Road,

A. W , 'Tourgee, Code Commissioner,
salary tor the month of Oct. 1869,

V. C. Barringer, Code Commissioner,
salary tor the month ot Nov., 1869,

S. S. Ashley, Superintendent Public
Instruction, salary tor the month
of October, 1869,

S. M. Parish, for services rendered
to Department of Public Instruc-
tion,

S. S. Ashley, Superintendent Public
Instruction, salary for the month
of November, 1869,

E. S. S. Ashley, Clerk to Superinten-
dent Public Instruction, salary for
the month of November, 1869,

W. II. Sauls, messenger Executive
Department, salary for the month
of November, 1869,

W. R. Richardson, Private Secretary
salary for the month of Nov., 1869,

W. J. Clark, prosecuting prisoners
captured on account ot crimes

83
75

205 75

9
200
200

200

15
200

83h33

PuWie Faud dis-
bursements.

604

1870-'71. — Auditor's Statement.

Public Fund dis-
bursements.

1869.

Kov.

committed in the counties oi

Jones, Lenoir and Greene,

$ 100

Sundry persons under " An act pre-

scribing the poM-ers and duties of

the Governor with regard to fu-

gitives from justice," viz :

G. R. Kimball,

100

L, H. Mowers,

157

W. T. Gautney,

200

R. F. Lehman, prosecuting prison-

era captured on account ot crimes

committed in Jones, Lenoir and

Greene counties.

100

•

A. n. Dowell, jr., publishing Gov-

ernor's proclamation in ^ Ashe-

ville Pioneer," September 3d, for

the apprehension of John Stalcaps,

" Roanoke News," publishing re-

ward offered for the capture of

George Bajline,

A. S. Seyniore, for prosecuting pris-

oners captured on account of

crimes committed in the counties

of Jones, Lenoir and Greene,

100

Sundry members ot the General As-
sembly, as follows :

Blythe, James Senator.

116

Beeman, P. T.

102

Bellamy, N. B.

100

Beasley, J. W. "

Eppes, Henrv ''

104

Etheridge, J. W.

110

Eves, J. C.

102

1 Galloway, A. H.

101

Hyman, J. A. "

102

Love, W. L.

196

Long, P. A.

101

Martindale, F. G.

104

Mason, L. A. "

101

Moore, W. M. "

108

Shoffner, T. M. "

Stevens, J. B. "

109

Sweet, W. H. H.

190

White, E.

100

Wilson, P. A. "

100

ISTO-'Tl. — ArDiTOPv's Statement.

605

1869. ]

■a.

Nov. Ar.iro, T. 'M.

Representative.!

$ 100

Public Fund

dis

iAuies, Win.

100

4r\ bursemcuts.

Armstrong:, X. E.

((

Barnes, llenrv,

102

Barnett, S. C."

((

Blair, E. T.

((

Cawthorii, Wni.

Carson, M.

Candler, W. 11.

121

Crawtord, J. H.

Carey, W.

102

Cherry, H. C.

Clajton, J. W.

140

Davidson, G F.

(;

9f5

Eagles, J. W. S.

((

102

Ellington. D. S.

Ferebee, W. B.

((

104

Falkner, R.

((

102

Farrow, T.

((

Greene, L.

106

Greir, W. W.

((

105

Gnnter, W. T.

101

Gahagan, G. AV.

Gilbert, W. W.

102

Graham, Geo.

Billiard, R. J.

Hinnant,

Hendrix, A. L.

((

Hicks, J. 0.

200

Hiidgins, J.

•

High, D. II.

Hawkins, J. A,

102

Hodnett, P.

102

Holden, Jo. ^Y.

sj^eaker House of

Representatives

)

100

Humphries. T. C.

Representative,

100

Harris, J. II.

((

105

Hodgin, ]).

((

Ingram, 1).

((

105

Justice, J. M.

((

104

Justus, W. P.

120

Kelly, A.

100

Kinncv, Geo.

((

Laflin,"]!

((

Leary, J. L.

105

606

1870-71. — A TM loii's Statkmext.

1869.

Public Fund dis- 'Nqy
hurscmente.

Morris, B. W, Ecprescntative.

'$ 121

Moriiig, F, G. "

McMillan, J. C.

100

Mayo, C. "

Moore, J. A. "

101

.VTendeuhall, J. E. "

Morrill, D. B.

101

Mathcvvson, R. P. "

100

McCanless, W. W. "

102

Moore, W. A. "

Proctor, E. K.

101

Peck, G. P.

Pearson, J. T. "

Painter, E. M. "

200

Penfrow, J. H. "

117

Raglancl, J. W. "

Reynolds, J. T. . "

Robinson, J. S. "

197

Robbins, P. D. «

Rea, J. J. "

108

Shaver, J. M. "

102

Sykes, T. A. "
Simnionds, J. R. "

98
280

Seigrist. W. B. «

Smith, J. L. «

104

Stevens, A. W. "

101

Smith, J. J. "

104

Stilley, H. E.

Sweet, J. "

100
105

Smith, p. E. "

101

Yest, J. P.

Williamson, J. II. '^

Wilkie, L. D. "

Waldrop. J. E.

112

Welch, W. P. "

128

Byrnes, T. A., Secretary of Senate,
Boner, J. H., Clerk to House ol

Representatives,

•

Candler, T. J^ Assistant Clerk

House of Representatives,
Johnson, T. J., Engrossing Clerk

120

of Senate,

O'llarra, J. E., Engrossing Clerk
House of Representatives,

1870-71. — Auditor's Statement.

607

Miller, Edgar, Doorkeeper House of
Kepresen tati v es,

Page, James, Doorkeeper House of
Representatives,

Gibble, Francis, Assistant Door-
keeper Senate, ]

Abb<:>tt, J. B. Assistant Doorkeeperi
House of Representatives,

■Caldwell, C. Senate Page,

|Boyde, W. A. Senate Page,

Hardie, J. H. Page House ot Repre-j
sentatives, i

C. W. Horner, Treasurer rnsane|
Asylum, on account of said Asy-j
lum, according to an act of General!
Assembly an5 proceedings of tliei
Board of Supervisors, at their
meeting held October 8th, 1809,

Wm. Dulin, conveying Mrs. Dulin
to Insane Asylum,

L. P. Olds, Attorney General, sala-
ry lor the month of Oct., 1869,

Dan'l G. Russell, judge superior
court, salary tor 3d quarter, 1869,

J. A. Richardson, solicitor, 1 certif-
icate,

J. W. Albertson, solicitor, 1 certifi-
cate,

J. L. Henry, judge superior oourt,
salary for 3d and 4th quarter, 1869,

C. R. I'homas, judge superior court,
salary for 4rth quarter, 1869,

W. R. Cox, solicitor, 8 certificates,

L. P. Olds, attorney general, salary
for the month of jS^oveujber, 1869,

J. A. Richardson, solicitor, 2 cetifi-
cate^,

Capt. R. T. Bosher, expenses allow-
ed while commanding the militia
in Jones county, $24, 4 days trav-
elling expenses while organizing
company of N. C. D. M., $12,

J. S. Montgomery, engineer undei
an act of the general assembly, es-

109

101

86
30

60
80
20

Publie FuikI dis-
bursements.

5,000

625

1,250

625

120

125

361

608

1 S70-' 71 . — Ar ditok's Statement.

Public Fund dis-
bursements.

186 9.

tablishing a turnpike road from
Marion to Asheville,

Charles Burleson, (Joni mission er un-
der above act,

D. W. Ellis, commissioner under
above act,

D. W. Ellis and Charles Burleson
commissioners under above act,

Wm. Smith, commissioner unde:
above act,

Alfred Dockery, Chairman Peniten
tiar}' commissioners, part of appr(;-
priation provided b^^ an act of the
general assembly for the erection
of a penitentiar}',

M. S. Littlefield, state printer, com-
position on 96 pages school laws,
presswork and cover and binding
1,500 copies school laws, and bind-
ing (in paper) 900 vols pub. laws,

M. S. Littletield, state printer, bind-
ing 977 volumes public laws, 200
senate journals, 200 house journals,
printing documents 1808-1809.
presswork on 84 forms of docu-
ments, binding 200 copies private
laws,

W. G. Curtis, quarantine medical
officer, for establishing suitable
quarantine regulations at the port
of Wilmington North Carolina,

Wm. Harvey, for services as one of''
the crew of quarantine boat at
Beaufort harbor. North Carolina,

C. Hanners, for 12,786 feet of lum-
ber for the constniction of hospital]
at Beaufort harbor, N. C, |

John Davis, for two months services
as one of the crew of quarantine
boat and taking care of quaran-
tine material,

H. J. Menningcr, secretary of state,
salary tor the month of Oct. 1869,

H. J. Menninger, secretary of state,
salary for the month of Nov. 1809,

241

160J50
252
1,506
483 46

e,(}oo

2,44CH5S

403
40

210^7

200

1870-71. — Auditor's Statement.

60^

1869.

F. J. Mcnninger, clerk to secre-
tary of state, salar}^ for the month
of Xovenil)er, 1869,

S. M. Parish, clerk to secretary of
state, salary for the month of No
vember, 1869,

Andrew Syme, clerk to secretary of
state, salary tor the month of No-
vember, 1869,

H. D. Colev, state librarian, salarj
for October and November, 1869,

C. M. Farriss, keeper of capitol and
weights and measures, salary for
November, 1869,

J. II. Ennis, for sundry articles of
stationery, and balance due on ac-
count of public library,

Wilson, H inkle, & Co., for 500
AVhite Graded School Registers
boxing and drayage. as per bill,
'Western Cniou Telegraph Company,
Telegrams sent and received by
the various Departments, as per
bill, tor the month of November,
1869,

New Berne Daily Times, for publish-
ing Governor's Proclamation, (1
column,) three times, and Pro-
posals for Stationery, (1 column,) 6
times,

Wilmington Post, for publishing
Proposals for Stationery, (fifteen
squares,) 5 times.

Southern Expn.'ss Cumj)any, for
freight on sundry articles shipped
for Executive Department includ-
ing packages shipped by the Secre-
tary of State, containing Public
Laws, as per bill, fur November,
1869,'

K. B. Wait, for making 27 boxes
for Secretary of State, at $1.15,

A. H. Dowell, publishing Governor's
Procl'm'tion in Asheville Pioneer,

A. II. Dowell, i>ublishing Proposals

8333

116
79
13

303

65
45

337
31

Public Fund dis-
bursi-ruciits.

66
16

95
60

610

1870-'71. — Auditor's Statement.

i86y.

Pul)!ic ¥mvi dis- Nov.
hursements.

for Stati'n'rj in Aslieville Pioneer,
(19 squares,) 3 times,

Raleigh and Gaston R. R. Co., for
freiglit on 1(» cases ot Paper and
4 boxes ot Ink,

Andrew Jackson, for drajage lor
State Department,

A. J. Partin, for services in Treasu-
ry ])epartment, preparing state-
ment of account of Souter & Co.,
late funding Agents of the State,

S. M. Parish, tor repairing windows
in Capitol,

G. W. Wynne 6c Co., for liire ot
horse and buggy ; also, horses and
carriages for C. W. Horner, C. M.
Farris, and G. R. Kimball, on
business for the Adjutant Gene-
ral's Department,

J. W. Coleman & Co., for stationery
purchased by Secretary of State,

Thomas Manly and others for pack-
ing wood, cleaning capitol, ar-
ranging libraries in Commons Ilall
and Senate chamber, moving law
bookes, tfec,

E. Via, for 3 velvet rugs, for Senate
and House of Representatives,

D. J. Pryne, for 190 cords of wood
at $4.25,

Raleigh Gas Light Company, for
gas consumed in State House from
October 1st to November lst,lS69,

Raleigh and Gaston Railroad Com-
pany, foi freight on 9 cases ot pa-
per and 6 boxes of ink,

Handy Lockhart, tor repairing 50
desks in Senate chamber and 52
chairs, repairing Speaker and
clerk's stand and 120 seats in
House of Representatives,

Carpenter & Logan, for printing
132 and 6-20 columns laws of N.
C, (Standard measure,)

Southern Express Co., for charges on

24
1

96
25

430

22 50
2,1751^^0

44
24

807

48
20

465
661

ISTO-'Tl. — Auditor's Statement,

611

package for department of public
instrucHon,
H. J. Ilesselbach, for 5 grates, 1
stove and sundry articles for use ot
capitol,
M. liosenhaum, for 200 yards C.
matting, tor Senate and House of
Representatives, 43 yards canvas
carpet tor House of Representa-
tives and 1 piece of ribbon foi
I Executive Department,
K. B. AVait, for making 24 boxes for

State J)e])artmt;nt,

W. U. Telegraph C\)., for telegrams

sent and received by Executive.

State and Treasury Departments

W. B. Ilutchings <fc'Co., for 1 mail

bag for use of capitol,
S. M. Parish, for 1 glass 18x24 and
glazing, also examining account?
of state printer,
Wilmington Post, for pubjisjiing
governors proclamation of Junc|
24, 1809, calling election to lilV
vacancy of General Estes, |

T. M. Sl'ioffner, for expenses incur-i
red in conveying the remains of
R. I. Wynne to Louisburg,
A. W. Fraps, for 3(1 arm chairs §1)0.
for senate clunnber ; 1 wardi-obc
$t)0, 1 looking glass §15, 1 waHhj
buieau §22, foi' Executive depart ;
ment, and 1 cliair for speaker of;
the house of representatives, as pe)
bill on file, i

W. J. Gant, for repairing fire-jdacesl
in senate chamber, house of rei)re-!
!^entatives, executive, auditors, pub-
lic instruction, adjutant general,
attorney generals, supreme court
and bupreme court clerks oliices,
S. Kline tSi Co., for 4 dozen spittoon.-,.
1 dozen tumblers, and bundr\
other articles for senate chamber
and liouse of rei^resentatives,

213

Public Fund dis-
^ ^ burseineiits.

272
27

25
6

60
25

194 25

154

104

O.S

612

1870-'71. — Auditor's Statement.

Public Fund dis-
Jnirsements.

1869.
Nov.

Dec.

II. T. Clawson & Co., for cuttinor
and sewing 400 yards carpet, work
done and articles furnished for
senate chamber and house of rep-
resentatives,

E. A. White, for 23 days attendance
as committee of investigation of
Chesapeake and Albemarle canal
company, at $4 per day,

R. W. Best, for preparing table
for treasnrer's report ISGS-'GO, 7
days at $5 per day,

John Ransom, lor glazing in Treasu-
ry Department,

Alex. Turner, waiter in Capitol, sala-
ry for the month of Nov. 1869,

H. P. Buncomb, waiter in Capitol,
salary for the month of Nov. 1869,

Friday Jones, Watchman in Capitol,
salary for the month of Nov. 1869,

E. Norwood, for repairing gun racks
in Arsenal,

Solomon Bragg, and others, for 4
weeks services on Capital Square
in Capital Building and guarding
Arsenal,

E. S. S. Ashley, Clerk to Superin*
tendent of Public Instruction,
salary for the month ot December
1869,

S. S. Ashley, Superintendent Public
Instruction salarv, for the month
of December, 1869,

C- L. Harris, Superintendent of Pub-
lic Works, salary for the month of
November, 1869,

Thomas Hampson, Clerk to Super-
intendent Public Works, salarj
for the month ot November, 1869,

H. W. Moore, Clerk to Superinten
dent Public Works, salary for the
month of December, 1869,

C. W. Horner, Clerk to Executive,
salary tor the month of Nov. 1869,

1S70- 71. — xVuditok's Statement.

613

C. W. Horner, Clerk to Executive,
salary for the month of Dec. 1869,

W. R. Richardson, Private Secre-
tary, for the month of Dec, 1869,

Smithy persons under an " act pre-
scrihing the powers and duties of
the Governor in reg-ard to fugitives
from justice," as follows :

L. H. Mowers,

G. W. Tillou,

J. Y. Parrott,

G. R. Kimball,

A. J. Rutjes, for L. II. Mowers,

E. K. Proctor, for M. McDonald,

Sundry members of the general as
sembly, as follows :

Bellamy, X. B.

Senator.

Blytlie, James

Brogden, C. H.

Beal, R. L.

Burns, Silas

Beeman, P. T.

Beasley, J. W.

Barnes, Joshua

Cook, J. B.

Clierry, W. A.

Col grove, D. D.

((

Caldwell, Todd R.

President of t

Senate,

Davis, J. II.

Senator.

Etherid^e, J. W.

Eppes, Ilenry

Forkner, S.

Graham, J. W.

Galloway, A. II.

Harrington, J. S.

Hawkins, P. B.

Hyman, J. A.

Hays, 0. S.

Jones, H. C.

Jones, W. D.

Jones, A. J.

Lassiter, R. W.

Love, W. L.

Lindsay, J. M.

100
83

50
41
36

100
40

100

252

272

340

264

238

255

212

262

266

304

444
324
742

189
314
268
203
268
267
175
341
322
352
322
274
352
296

Public Fund dis-
bursements.

40
40

80
40

614

1S70-'71. — Auditor's Statkmektt.

1S69.

Public FuDd dis- T)eQ
hursements.

Long, P. A.

Legg, E.
Moore, W. A.
Mason, L. A.
Moore, W. M.
Melchor, C.
Martindale, F. G.
Murphy, C. T.
Respass, J. B.
Kichardson. W. B.
Robbing, W. M.
Stephens, J. W.
Scott, J. W.
Smith, S. P.
Sweet. W. 11. S.
Shoffner, T. M.
Welker. G. W.
White, E. A.
W instead, C. S.
Wilson, P. A.
Ashw(.)rth, J.
Argo, T. M.
Armstrong, N. E.
Allison, J. J.
Ames, "W.
Banner, L. B.
Bowman, J. W.
Bodie, W. W.
Barnett, S. C.
Blair, E. T.
Crawtord. J. II.
Clayton, J. W.
Carson, M.
Cawthorn, W.
Cherry, II. C.
Carey, W.
Candler, W. G.
Davis, J. H.
Durham, P.
DixoTi, Joseph
Davidson. G. F.
Downing, II.
Ellington, I). S.
Eaijles, J. S. W.
Ellis, J. P.

Representative.

1 870-71 . — A u DiTOii's Statement.

1«69.

Representatives.

Dec.

Ferreboe, W. 13.

$ 238

Franklin, S. D.

254

French, (x. Z.

305

■

Foster, F. W.

328

■

Farrow, T.
iFalkiier, R.

231
175

1 Gibson, J. P.

313

Gilbert, W. W.

((

252

Greene. L.

210

Grier. \V. W.

I' 1

217

:Gjirling, Jolin

101

■

jGraham, (t. A.
;Guntcr, W. T.

252
161

iriodgin, D.

189

IHendricks, A. L.

221

|llays, W. T. J.

293

ill arris, J. IL

147

illudgins, J.

252

i Harris, J. T.

^' 1

266

Iloldeii, Jo. W., S

peakor ilou&e of

Itcpresentativet*,

260

Ililliard, R. J.

Representative,

224

fluinphi'ies. T. C.

246

High, 1). P.

224

llolfinan, J.

332

Ilinnant, B. R.

((

168

j Hawkins. J. A.

210

Flicks, J. 0.

252

Ilornej, L. (t.

292

Hodnett, S.

210

Ingram, I).

252

Jarvis, T. J.

3G6

I.Iustus, W. D.

((

252

iJnstice, J. ^[.

252

jKeliev, J. A.

314

llvelleV, A.

168

! Kinney, (reorge

«(

2oa

Leary, J. S.

((

203

iLong, J. P>.

262

lL(.n-, R. T.

112

Morrill, 1). B.

i 217

.M.M.re,.!. A.

178

jMalonc, W. 11.

340

McMillan,.!. ('.

189

Morris. \\. W.

((

175

Public Fund dis-
biirsemeuts.

616

1870-71. — Auditor's Statement.

1869.

Public Fund tlis- J)qq
bureements.

Moring, F. G. Eepresentatives

Mendenhall, J. K. "

Moore, W. A. "

Mayo, C. "

Matthewson, K. P. "

McCanless, W. W. "

Nicholson, T. A. "

Pearson, J. T. "

Proctor, E. "

Price, G. W. "

Parker, R. C. "

Peck, G. P. «

Poll, E. W. ^'■

Proffit, D. "

Painter, E. M. «

Reynolds, J. T. "

Rag-land, J. W. «

Robinson, J. L. "

Renfrow, J. H. «

Shaver, J. M. «

Staunton, G. W. «

Seigrist, ^Y. B. "

Smith, J. L. «

Seymour, A. L. "

Sinclair, J. "

Simmonds, J. R. "

Sweat, I. "

Stevens, A. W. "

Smith, D. E. "

Snipes, E. T. «

Sykes, T. A. «

Thompson, F. «

Vestal, T. M. «

Vest, J. P. «

Wilson, S. C. «

Whitley, R. D. «

Wilkie, L. D. "

Williams, B. C. «

Williams, J. C. "

Wiswald, A. C. *«

White, J. «

Welch, W. P. «

Williamson, J. H. "

Waldrop, J. A. "

1870-71. — Auditor's Statement.

617

1869. 1

■■

Dec.

Byrnes, T. A., Secretary of the

Senate,

$ 252

Harris, J. C. L., Assistant Secretary

of the Senate,

: 252

McDonald, J. A., Enrolling Clerk of

tlie General Assembly,

266

Whitted, W. B., Assistant Enroll-

ing Clerk,

252

Johnson, T. J., Engrossing Clerk of

the Senate,

203

Foster, T. J., Assistant Engrossing

Clerk of the Senate,

203

Ball, J. T., Doorkeeper of the

Senate,

252

Gibble, F., Assistant Doorkeeper of

the Senate,

210

Caldwell, C, Page of the Senate,

108

Boyd, W. A., " " " "

103

Boner, J. H., Clerk of the House of

Eepresentatives^

252

O'Hara, J. E., Engrossing Clerk ot

the House of Representatives,

175

Page, James, Doorkeeper of the

House of Representatives,

217

Abbott, J. B., Assistant Doorkeeper

of the House of Representatatives,

252

Alston, T., Page of the House of

Eepresentatives,

14960

Hardee, I. H., Page of the House of

Representatives,

Harris, D. W., Page of the House of

Representatives,

154

C. W, Horner, Treasurer of the In-

sane Asylum, part of the appro-

priation to said Asylum, for the

year 18G9,

13,831

J. Nichols, Treasurer Institution for

Deaf, Dumb and Blind, for part of

appropriation for said Institution

for 18fJ9,

3,718

Raleigh National Bank, interest on

special tax bonds,
S. W. Watts, Judge Superior Court,

[19,560

salary for 4th quarter, 1869,
jNeil McKay, Solicitor, 3 Certificates,

625

120

Public Fond dia^
bureemente.

618

1870-'T1. — Auditor's Statement.

Public Fund dis-
bursemeuts.

18f)9.
Dec.

R. P. Buxton, Judge Superior Court,

salary lor 4th quarter, 1869,
Y. V. Lusk, Solicitoi-, 5 Certiticates,
J. R. Bulla, " 7
J. J. Martin, " 5 "
R. H. Cannon, Judge Superior Court,
salary for od and 4:th quarter^;,
1869,
J. A. Richardson, Solicitor, 1 Cer-
tificate,
L. P. Olds, Attorney General, salary
for the month of December, 1869,
W. M. Moore, under an " act to.
establish a Turnpike road from!
Marion to Asheville." ;

Or. W. F. Harper, under the abovei

act,
xHfred Dockery, Chair tuan Peni-
tentiary Connnissioners, part of
the appropriation to erect a Peni-
tentiary,
Sundry slieriils for settling taxes, as

tollows :
R. R. McCall, sli'ir Caldwell co'ty,
J. B. Watson, sheiiff Hyde "■'

A. G. Tweed, sheriff Madison "
J. C. Bryan, slrff Cleaveland "
M. Walker, sh'ff Iliirherford "
W. Latham, sheriff Ashe ''

J. Cline, sheriff Catawlta ''

W. B. Hampton, snerift' Polk "
J. C. Jones, sheriff Alh'ghHuy "
E. G. Hill, sheriff Johnston' "
E. Longerzer, for tax I'efnnded under
a resolution of General Assembly
of April 7th, 1861),
S. M. Pai-rish, for examining ac-
counts of State Printi^r,
G. W. Mclvee, sheriff' of Gaston i
county, for prblic tax over credited
in August, 1869, and transferred
to S]>ecial tax and school tund this
montli,
E. A. Boner, for transcribing report
of special committee appointed to

626

200
280
200

1,250

125

542

48&

5,000

15
36

60
12

7
22
35

20
20

00
40

1,305 01

1870-71 . — AuDFi or' s Statement.

619

. investigate the aftairs of the Chesa-
peake and Albemarle Canal Com-
pany^

A. W. Tonr<ree, Code Commissioner,
salary for the month of November,
1869,

Sundry sheriifs for making presiden-
tial election returns, as follows :
W. J. Taylor, sheriff Green county,

B. F. Briggs, sheriff Wilson "
J, II. King, sheriff Lincoln "
E. M. White, sh'ff Mecklenb'g "
R. M. AVatts, tax collector Alexan

der county,
W. F. Wasson, sh'ff Iredell county,
A. S. C. Powell, sh'ff Sampson "
P. C. Eiley, sh'ff Montgomery "
A. Murray, sheriff Alamance "
G. N. Lewis, sheriff Nash "

W, E. Pearcy, sheriff Yancey "
M. C. Brinkley, sheriff Chowan "
R. M. StaffordVsheriff Guilford "
John Turner, sheriff Oranae "
G. W. Willoughby, sh'ff Anson "
W. Ilaymore, sheriff Surry "

John Pierce, sheriff Jones "

John Patterson, sheriff (lay "
R. J, Trogden, sh'ff Randolph "
G. W. McKee, sh'ff Gaston "

W. 11. Iligdon, sheriff Macon "
J. D. Davis, sheriff Carteret "
W. T. Crawford, sh'ff Martin "
R. R. McCall, sh'ff Caldwell "

A. Aydlett, sh'ff Camden "

B. Bryan, sheriff Edgecombe "
A. S. Murray, sheriff IJ ay wood "
Bland Wallace, sheriff Duplin "
A. G. Tweed, sheriff Madison "
E. A. Gupton, sheriff Franklin "
J. A. Sowers, sheriff Davidson "
J. Kline, sheriff Catawba "
M. Walker, sheriff Rutherford "
A. II. Simonds, sheriff McDowell "
W. Latham, sheriff x\ehe "
I. Pipkin, sheriff Hertford "

200

15
14
41
35

Public Fund die-
burscmente.

67
32
16
30
12^
19

47
19

•10
40

46
31

100

40]
118
66
58
56
50
24
77
20
<y{>
25
38
35
59
51
59
28

80
90

40
15

€20

1870-'71. — Auditoe's Statement.

Public Fand dis-
bursements.

1869.

Dec.

Geo. Nicks, sheriif Yadkin county,
N. B. Hampton, sheriff Polk
J. C. Ehodes, sheriff Wayne "
V. V. Richardson, sheriff Cohimbus

county,
B. A. Howell, sheriff Robeson c'ty,
E. G. Hill, sheriff Johnson "

Henry White, sheriff' Perquimans

county,
W. A. Walton, sheriff Rowan co'ty,
M. Hasten, sheriff" Forsythe "

B. F. Willey, sheriff' Gates "
Joseph Marshall, sheriff' Stanley "
J. L. Wood, sheriff' Pasquotank "

E. Murrell, sheriff Onslow "
H. J. Menninger, secretary of state,

salary for the month of Dec. 1869,

F. J. Menninger, clerk to secretary
of state, salary for the month of
December, 1869,

S. M. Parish, clerk to secretary of
state, salary for the month ot De-
cember, 1869,

Andrew Syme, clerk to secretary of
state, salary for the month of De-
cember, 1869,

J. J. Sawyer, clerk to secretary of
state, salary for 8 days, at $2.50
per day,

H. D. Coley, state librarian, salary
for the month of December, 1869,

C. M. Farris, keeper of the capitol
and weights and measures, salary
tor the month of December, 1869,

D W. Bain, chief clerk treasury de-
partment, salary for quarter end-
ing December 31st, 1869,

A. D. Jenkins, teller treasury de-
partment, salary for quarter ending
December 31st, 1869,

L, M. Hoffman, bookkeeper treasury
department, salary for 6 months
ending December 31st, 1869,

C. J. Cowles, president Wilmington,
Charlotte and Rutherford Rail-

1870-'T1. — Auditok's Statement.

621

Vi^i\i\ company, in State coupon
bonds, in part payment of stock
subscribed by the State to said road
(1,500 of $1,000 each,)
John Armstrong, for binding 100
copies code ot civil procedure at
75c. each $300, two quires medium
paper $2, one ledger $3,
E. Williams, for sharpening hoes.

&c., used on capitol square,
Southern Express company, for
freight on sundry packages tor
treasurer's department, $78.75, {
for State department, $36.50, for
sundry other departments $3,
K. B. Wait, for making boxes for

State department,
T. H. Briggs, for sundry articles ol
merchandise, for use ot capitol and
capitol square,
W. H. Battle & Sons, services ren-
dered auditor's department.
Western Union Telegraph company,
for telegrams sent and received by
executive and treasury depart-
ments this month,
John Ransom, for hauling 1 loads cf

ordnance stores to arsenal,
J. & S. Sanson, for 21 gross of

Magnesiun Pens,
S.D. Harrison, for bowl and pitcher,
61 lbs. soap, 1 gross matches,
Raleigh & Gaston Railroad Com-
pany, for freight on 3 cases of sta-
tionery,

H. P. Buncomb, M'aiter in capitol.
salary for month of December.
1869,
Alex. Turner, waiter in capitol, sal
ary for month of December, 1869,
Friday Jones, watchman in capitol
salary for month of December,
1869,
S. S. Ashley, superiTitendent public
instruction, for travelling expen-

1,500,000

305

Public Fund dis-
bureemeats.

118

100

622

1870-'71.— A (.-.'trTou's Statkmknt.

18d9.
Psblic Fund dia- Dec.
liursements.

Jan.

ses, from Septeinl)er Ist to Dceeni-

ber 31st, 18G0,
A. W. Fisher, Adjutant General,

saLn-y i\n- the months ot Kovein-

her aijd Decembei-, istil),
H. Adaras, auditor of state, sahiry tor

month of December, 1869,
Charles Hatiield, clerk to auditor,

salarjifjr 10 days, at .$2.50 per

day, ■

clerk to auditor, sal-
month of December.

J. PI. Adams,

ary for the

1869,
Charles Hatfield, for 13 days services

in auditor's office, at $2.50 per

day,

A. J. Partin, clerk to auditor, sal
ary for the month of December
1869,

B. F. Taylor, commutation f^r arm,
F. M. Mitchell, " " leg,
Chas. Hatfield, for services in audi

tor's office from December 25,
1869, to January 2, 1870, inclu-
sive, at §2.50 per day,

C. L. Harris, superintendent public
works, salary for the month of
December, 1869,

W. H. Baoley, clerk supreme court,
salary for 3d and ith quarters,
1869,

Y. S. Luske, Solicitor, 1 certificate,
T. J. Martin, solicitor, 1 certificate.
Sundry members and officers of Gen-
eral Assembly, as follows :
Ashworth, J. Representative,

Barns, H. "

Rea, J. "

Long, R. T. «

Gahagan, G. W. "

Candler, T. J., assistant clerk House

of Representatives,
Whitly, R. D. Representative,

Smith', J. J. "

Robbins, P. D. «

100

200
200

83i33

3250

75
50
50

2260

200

500
40
40i

208
208
252
238

288

252
224
252

252

1870-71. — Auditor's Statement.

623

Galling, Juliii Representative,

Ellington, D. S.

Stilley, II. E.

Welker, G. W. Senator,

John Kichols, treasurer Institution
for Deaf, Dumb and Blind, part
of appropriation tor said institu-
tion for 1870,

Alfred Dockery, cliainnan peniten-
tiary commissioners on account
of appropriation for erection ot
penitentiary,

E. A. Gupton, sheritf of Franklin
county, for State tax overpaid on
12t^ miles of Raleigh & Gaston R.
R. in Franklin county,

G. W. Willoughby, sheritf of Anson
county, for amount overpaid in
settling taxes for 1869,

B. A. Howell, sherift Robeson co'ty,
for tax on attorneys' license re-
funded to said sheriff, being erro-
neously entered on tax abstnict of
1S69,

G. W. Gahagan, for services as mem-
ber of a joint committee appointed
to investigate the banks of the
State,

E. A. Gupton, sherifi' of Franklin
county, special tax refunded on the
following Riiilroads, &c. :
Williamston and Tarboro' Railroad,
Western North Carolina Railroad,
Wilmington, Charlotte *k Rutherford

Railroad,
North Western North Carolina Rail

road.
Western Railroad,
Marion and Ashevillc Turnpike Road
Sundry sheriffs, &c., for settling

taxes, as follows :
E. R. Outlaw, shei'iff Bertie county,
J. J. Hasty, sheritf l^nion "

C. Garland, sheriff Mitchell "
R. Hamilton, sh'ff Transylvania "

2.^1

210

182

5,000i

5,000

342
•9

32
171

122

3(!

50
55
57

Public Fund rtis-
bursemects.

78
50

72
89

50
75

624

1870-'71.-^Auditor'8 Statement.

1870.

Public Fund dis- Jan.
bursements.

Feb.

W. W. IST. Hunter, sh'ff Lenoir c'ty,
S. T. Carrow, sheriff Beanfort "
S. P. Swain, sheriff Brunswick "
Ct. M. Webb, tax collector of Cleave-

Land county,
J. M. Bateman, sheriff Washington

county,
R. S. Ledbetter, tax (rollector of Rich

mond county.
Sundry persons for interest on special
tax bonds on the following roads :
Western North Carolina Railroad,
Wilmington, Charlotte and Ruther-
ford Railroad,
Williamston and Tarboro' Railroad.
Western Railroad,
Western Union Telegraph Company,
for telegrams sent and received
during this month by executive,
treasury and anditor's depart
ments,

D. A. Jenkins, public treasurer,
expenses to and from New Yorlc
on business connected with the
State,

Raleigh Post Office, for postage tor
the several departments to Dec.
31, 1869,

Augustus Doepp & Co., for station-
ery furnished as per contract with
secretary ol state,

R. M. Pearson, judge supreme court,
salary for 4th qnarter, 1869,

W. B. Rodman, judge supreme court
salary for 3rd and 4th quarters
1869,

R. P. Dick, jndge supreme court,
salary for 4th quarter, 1869,

E. G. Eeade, judge supreme court,
salary for 4th (piarter, 1869,

Thos. P. Settle, judge supreme court,

salary for 4th qnarter, 1869,'
A. H. Joyce, solicitor, 3 certificates,
J. M. Cloud, judge superior court,
salary for 3d and 4th quarters, '69,

28
34 20

46 40

59|40

120,510

29,400'

8,700

30,300

14 59

65
331

2,870

625

1,250

625

625
120

1,250*

1870-71. — Auditor's Statement.

625

E. W. Jones, judge superior court,
salary for -itli quarter, 18()9,

W. P. Bynum, solicitor, 7 certificates

G. W. Logan, judge superior court,
salary for -ith quarter, 1869,

A. Mitchell, j udge superior court, sal-
ary for 3d and 4th quarters, 1869,

J. W. Albertson, solicitor, 4 certifi-
cates.

Sundry members of the General As-
sembly, as tollows :

A. L. Hendricks, Representative,

B. Lafiin, Ilepresentative,

Wm. Smitii, engineer Marion and

I Ashevi'le Turnpike Road on ac-
count of said road.

In. A. Ramsey, under "an act to se

i cure the better protection for life
and property,"

I John Ilorton, sheriiFWatauga county
for making presidential election
returns,

Alfred Uockery, chairman of peni-
tiary connnissioners, part of appro-
priation fur the erection ot a peni-
tentiary.

Sundry sheriffs for settling taxes, as
follows :

T. F. Baxter sheriff Currituck co'ty,

C. C. Vest, ■ " Cherokee "
U. T. Grant, sheriff Northampton

county,
J, W. liayes, sheriff Wilkes co'ty,
J. C. Jones, sheriff Alleghany "
R. J. llaswell, - Tyrrell ' "
J. T. Patterson, " ]')nrke '

J. Ilorton, " Watauga '

W. 11. Gentry, " Stokes
John Riley, " Cumberrd '
Southern Ex])rcs8 Co., for freight on
sundry packages for the several
departments, during this month
Tax overcharged to public treas-
urer, as entered on treasurer's and
auditor's books, (tax 1868,)

625;
280

625

1,250

160

231
252

1,282
150

5,000

87
120

Public Fuud dis
bursements.

22
40

80!
571
420
50
57
28

6(>
20

8,778 6:^

t)26

1S70-'71. — Auditor's Statement.

Public Fund
'•ursenients.

1870.
March

A. W. Fisher, Adjutant General,
salary tor tlie month of January,

, 18T0,

Sundry persoTis,for expenses as mem-
bers of joint committee to investi-
gate the ati'airs ot Cliesapeake and
Albemarle Canal Co., as follows :

T. C. Humphries,

John Gatling,

F. G. Martindale,

E. A. White,

L. P. Olds, Attorney General, under
an act ratified March 17th, 1870,
with regard to Chesapeake and Al-
bemarle Canal Co.,

C. R. Morgan, commutation for leg,

E. Randolph, commutation for arm.

Dr. E. B. Haywood, for medical ex-
amination of disabled soldiers who
applied for commutation under
resolution of March 1st, 1867,

H. Adams, state auditor, salary for
the month of January, 1870,

H. Adams, state auditor, salary for
February and March, 1870,

J. H. Adams, clerk to state auditor,
salary for January, Februarj' and
March, 1870,

A. J. Partin, clerk to state auditor,
salary for January, February and
March, 1870,

II. H. Roberts, cleik to state audit-
or, salary for 8 days at $2,50 per
day,

II. H. Roberts, clerk to state auditor,
salary for lebruary and March,

A. J. Partin, clerk to state auditor,
for extra services during October
and November, 1869,

Solomon Bragg and others, for ser-
vices on capitol square and state
house, also guarding arsenal during
January, February and March '70,

John Harrison and others, for re-
moving wire grass, preparing

1870-'T1. — Auditok's Statement.

<>2T

ground and sowing seed in eapitol

square,
John Harris, for liauiing 32 loads of

rubbish from cnpitol square, $16 ;

furnishing and liauiing 12 loads

manure to eapitol square, $12,
Richard Sheppard, tor 10 days plow-
ing in eapitol square at $3 ])erdav.
T. F. Lee, 18 days work for double
team hauling ironi eapitol sq^iare at

$4 per day,
Friday Jone>J, for hauling 178 loads

of manure to eapitol S(piare at oO

cents,
Friday Jones, for hauling 23 loads <>i

stationer}' for secretary of state,
EI. J. Menninger, secretary of state,

for copies of sundry acts and leso-

lutions of the General Assenil)ly.

session 1809, foi- the various de-
partments, &e.
S. S. Ashley, superintendent public|

instruction, salary for January.

February and March, 1870,
E. S. S. Ashley, clerk to superin-
tendent public instruction, salary

for January, February and March.

1870, ^ _ " J

C. L. Harris, supei'intendent jniblic i

works, for expenses for ins]>ect|

ing the various railroads in tluj

State, during the year lsf;9, |

C. L. Ilarri.^, suj)eriiitendent ]Jtibli(

works, salary for Januaiy, Feb

ruary and March, 1870,
LI. W, Moore, clerk to siq)erin \

tendent public works, salary foi'

January, February and ]\Iarch,!

1870, I

A. Prempert, for packin<r (i(jcu-|

mentfi. laws and journals, IbGb!

and '09, |

W. W. llolden, Covernor of North i

Carolina, salary lor 4th (piarter,!

1809, and Ist quarter l87o, i

Pulilic yuml (li.-
\2('>, l)ursi;i)i>;nls

28
3n

5 i.>

600
249

600

225
37

2,500

5f>

ti28

1870-71. — Auditor's Statement.

PiiUlic Fund
ijMrsements.

(lis-

1870.
March.

W. E.. Richardson, private secre-
tary, salary for January, Februarj',
and March, 1870,

0. W. |IIorner, clerk to executive,
salary for January, February and
Marcl'i, 1870,

W. II. Sauls, messenger to execu-
tive, salary for December, 1869,
and January, February and March,
1870,

W. J. Clark, for prosecuting pris-
oners captured on account ot
crimes committed in the counties
ot Jones, Lenoir and Greene,

Sundry persons under an "act pre
scribing the powers and duties
of the Governor with regard to
fugitives from justice,- ' as follow^s :

L. H. Mowers,

A. W. Fisher,

G. E.. Kimbal,

J. P. Parrot,

G. W. Tillou,

G. E.. Kimbal,

W. C. Kerr, state geologist, part ot
appropriation for the fiscal year for
geological survey, &c.,

II. Parish, for conveying E. Hill to
Insane Asylum,

E. K. Irvin, for conveying A. E.
Rhodes to Insane Asylum,

E. A. Whitaker, for sending Milton
Moss and Margaret Evans, dis-
charged patients, to their respec
tive homes,

W. B. Jones, for conveying C. U.
Parker to Insane Asylum,

W. S. Buchanan, for conveying J. U
Easley to Insane Asylum,

Sundry members and officers of Geu
eral Assembly as follows ;

Caldwell, Tod R., President of the
Senate,

Beal, R. L. Senator,

Brogden, C. H. "

1870-71. — Additoe's Statement.

629

1870. jl

Mairch. Bellamy, :N'. B.

j'Bljtlie, J.

Beasley, J, W.

] Barns, J.

i Barns, S.

I Beeman, P. T.
1 Colgrove. D. D.

Cherry, H, A.

Cook, J. B.
I Davis, J. H.

Ethridge, J. W.

Eppes, Henry

Forkner, S.
j Flythe, J.

Graham, J, W.
I Galloway, A. H.

Hyman, J. A.

Hays, O. S.

Hawkins, P. B.

Harrington, J. S.

Jones, H. C.

Jones, A. J.

Jones, W. D.

Legg, E.

Lassiter, R. W.

Love, W. L.

Long, P. A.

Lindsay, J. M.

Moore, W. M.

Mason, L. A.

McLaughlin, J. H.

Murphy C. T.

Moore, W. A.

Martindale, F. G.

Melchor, C.

Robbins, W. M.

Richardson, W. B.

Respass, J. B.

Stephens, J. W.

Sweet, W. H. S.

Smith, S. P.

Shoftner, T. M.

Scott, J. G.

Welker, G. W.

Whiteside, G. M.

Senator,

$ 546

Public Fund dis-

546

bursements.

546
616

546

((

546

594

546

((

546

((

546

((

497

546

646

546

497

546

((

862

546

((

546

((

546

((

546

((

648 J

680

1870-71. -Auditor's Statement.

Ib70
Pui>iic Fund (lis- JVIarch.

bursements.

Winstead, C. S. Senator,",^ 4()2l

White, E. A. " !| 5461

Wilson, P. A. " |: 646;

Byrnes, T. A., secretary of senate, jj 54<5]

Harris, J. C. L., assistant secretary

of senate,
Johnston, J. T., engrossing clerk of

senate,
McDonald, J. A., enrolling clerk t^>

General Assembly,
Ball, J. T., doorkeeper senate,
Gibblc, F. W., assistant doorkeeper

of the Senate,
Boyd, W. A., page to senate,
Caldwell, C, ])age to senate,
McGuirc, A., assistant enrolling

clerk.
Rich, VV. B., assistant enrolling clerk.
Wetherell, W. P., "
Cross, S. G., " '' "

Purge, W., " " "

Whitted, W. D., " '' " .

riendrix, S. B., "
tlicks, T. W.,

Sawver, J. J., " " "

Whftted, W. D., "
Uolden, Jo. W., Speaker House of|

of Representatives,
Moore, W. A., Speaker House of Re-
presentatives,
Argo, T. M. Representative,

Ames, W.

Armstrong, N. E. ''

Ashvvortl^ J. "

Hodie, W. W.

Barnes, H. "

Banner, L. B. "

Bowman, J. W. "

Barnett, S. C. "

Blair, E. T.

Carson, M. "

Candler, W. G. "

Cherry, H. C.

Cawthorn, W. "

Carey, W.

ISTO-'Tl — AuDiTdii's Statemknt.

631

18 TO. !
March.

—

Crawford. J. II.

llepresentative,'

^ 540

Caytuii, J. W.

546

i
1

Davis, J, 11.

497

Davidcson, G. F.

546

Dowiii'i^, 11.

546

DixoM, J.

i.1

546

Durham. P.

546

Eaixles. J. L. W.

u !

546

Ellus, J. Fv.

k( 1

54^^

ElliniTtou. D. S.

546

iFalkiier, R.

546

1
1

Foster, F. W.

•(

546

Ferrehe«% ^V. B.

546

Franklin, S. I).

((

546

]

French, (t. Z.

i-^ 1

546

Farrow. T.

546

(.Tahairaii. (r. W.

546

Grier, W. W.

546

(irilison, .1. I'.

((

546

r^re>iiie, L.

646

G liiing, Jnhn

546

Gunter, \V. T.

546

Gilbert, W. AV.

546

Graham, (i. A.

((

546

Horney. IS. ^V.

546

Hinnaiit, B. K.

546

Iloffuian, J.

546

Hem] rick, J. L.

546

IIarri>, J.II.

((

546

Harris, J. T.

546

Hic'vsJ. O.

546

Ilillinrd, R. J.

546

Ili-h, D. P.

546

Hawkins, J. A.

546

iHays, W. T. .L

•'

546

Ilodgins, D.

« '

546

Hodnett, I).

546

Hudijins. J.

•»

546

Humphries, T. C.

546

Ingram, D.

k( 1

546

Justus, W. D.

" • !

546

Justice, J. M.

546

Jarvis, T. J.

54»i

Kelly, J. A.

((

54H

Kinney, Geo,

546

Public Fund dis-
bursemeuts.

632

1S70-'71. — Auditor's Statement.

bursements.

1870.

— —

March.

Kelly, A.

Representative,

$ 546

Laflin, B.

546

Long, R. T.

546

Lono;, J. B.

546

Learv, J. L.

546

Moore, W. H.

469

McMillan, J. C.

546i

Majo, C.

546

Moring, F. J.

546

Morrill, D. B.

546

Matheson, R. P.

546

Malone, W. H.

546

Menclenhall, J. R.

546

Moore, J. A.

546

McCanless, W. W.

546

Morris, B. W.

546

Nicholson, T. A.

546

Fi-otiitt, L).

546

Painter, E. M.

546

Pearson, J. T.

546

Proctor, E. K.

546

Price, G. W.

546

Poll, E. W.

546

Peck, G. P.

546

Bobbins, P. D.

546

Rea, J. J.

((

546

Rentrow^ J. II.

665

Robinson, J. L.

546

Reynolds, J. T.

((

546

Ragland, J. W.

546

Smith, J. L,

546

Sweat, I.

646

Smith, D. E.

546

Seyraore, A. S.

546

Seigrist, W. B.

546

Stilley II. E.

448

Staunton, G. W.

546

Sturdwick, F. M.

268

Sykes, T. A.

546

Sinclaiy, J.

546

Stevens, A. W.

546

Smith, J. J.

546

Shaver, J. M.

546

Simmon d 8, J. R.

546

Snipes, E. T.

546

1870-71. — Auditor's Statement.

633

Tlionipson, F.

J. T.

Representative,

Vestal, T. M. "

Williams, B. C. "

Waldrop, J. E. "

Welch, W. P.

Wilson, L. C. "

Whitley, R. D. «

Williams, J. E. "

White, J. «

Wilkie, S. B. «

Williamson, J. II "

Boner, J. II., Clerk House Repre-
sentatives,
Boner, J. H., extra pay under reso-
lution of April 12th, 1870,
Candler, T. J. assistant clerk House

of Representatives,
O'llara, J. E., engrossing clerk

House of Representatives,
Page, J., doorkeeper House of Rep-
resentatives,
Abbott, J. B , assistant doorkeeper

House of Representatives,
Hardie, I. II., page to House of

Representatives,
Allston, T., page to House of Repre-
sentatives,
Harris, D. W., page to House of

Representatives,,
Boner, E. A., assistant engrossing

clerk House of Representatives,
Alford, J. H., assistant reading clerk

House of Representatives,
Alford, J. II., clerk to committee of

the whole,
Boner, J. H., copying House jour-
nal for printer, August 4th, 1809,
Williams, Alfred, stationery furn-
ished committee on contingent ex-
penses,
C. W. Homer, treasurer insane asy-
lum, part of the appropriation for
the year 1870,
John Nichols, Treasurer Institution

548
548
546
546
546
546
546
546
546
546
546
546

539

100

49
637
546
576
234
234
234
126
100

21
175

4250

7,000

Public Fund dis-
bursementB.

6?4

1870-'71. — Auditor's Statement.

1870.

Pnblic Fuud dis- ]\'r;^i-(j}i
bursements.

for Deaf, Dumb and Blind, part ot|j
appropriation tor 1870, |$

H. M. Miller, for services of clerk to
Senate Investigating Conmiittee,

E. F. Page, for services as clerk toi
Senate Investigating Committee,

J. W. Albortson, solicitor, 5 certifi-
cates,

R. M. Henrv, solicitor, 6 certificates,

V. S. Lnsk; '^ 1)

J. J. Martin, " 2 "

W. P. Caldwell, " 7

NeillMcKav, " 3

D. L. Russell, judge superior court,
salary for 4th quarter, 18i^9,

A. W. Tonrgee, judge supericn- court,
salary for 4tli quarter, 1801),

T. Settle, judge supreme court,
salary ibr 1st quarter, 1870,

C C. Pool, judge superior court, sal-
ary for 1:1 h quarter, 18f)9,

R. M. Peai-son, judge supreme court,
salary for 1st quarter, 1870,

J. II. Henry, judge superior court
salary for 1st (piartei', 1870,

A. W. Tunrgee, judge superior
court, salary for 1st quarter, 1870,

R. P. Dick, I'ndge supreme court,
salary for 1st quarter, 1870

D. A, Wicker, marshal of supreme
court, for 67 days, at $3 per daj,

W, II. ijagley, clei'k supreme court,
for copying matter ordered by the
supreme couit under sections 11
and 12, chapter 23, revised code,

L. P. Olds, attornev general, salary
for January and Febiuary,

L. P. Olds, attorney general, attend-
ance on January term supreme
court, 1870,

Wm. Smith, engineer Marion and
Asheville Turnpike company, un-
der section 9 of "an act to establish
a Turnpike roj,d, Irom Marion to
Asheville,"

1870-71. — AumTOs's Statement.

1870. ij

Marcli. Win. Moore, nnder the same act,

|T. F. Lee, for 26 uniform hats for
i Co. "x\," N. C. D. M., sent to
I Jones county, at $1.25 each.
In. a. Ramsay, nnder an "act to se-
cure the better protection of life
and property,
CoL T. B. Long, A. D. C. for 21
days special duty in Chatham co..
Alfred Dockery, chairman peniten-
tiary commissioners, part of the
appropriation for the erection of a
penitentiary,
Sundry slieritfs for making presi-
dential returns as follows :
J. L. Robinson, deputy sheriff,
C. C. Vest, deputy sneriff,
[G. D. Parker, deputy sheriff,
G. AV. Blacknall, for travelling e
penses as member of board o
pul)lic charities,
M. Littletield, state printer, for prin-
ting for General Assembly and
sundry departments, as per bills
on file, '

jXii'hols & Gorman, for printing r.i'

binding first annual report o1
I board of public charities.
'Nichols & Gorman, for printing for
General Assembly, session 1869-
'70, as ]ier bills,
IJ. C. Grimth, sheriff of Caswell
county, fur public tax over cred-
ited for 1869,
T. F. Lee, she "iff of Wake county,
for tax over])aid by him for 1868,
Henderson & Enniss for public tax
oveq)aid and refunded under a
resolution of the general assembly,
HcTiderson & Enniss, for special tax
overpaid and refunded under a
resolution of general asseinbly as
fi Hows :
Williamston &; Tarboro' Railroad,
I Western North Carolina ''

150
170

4,000

Public Fund dto-
bursementss.

104

172

7,734

232

962

1,322
352

50
67

4
10

636

1870-'71. — Auditor's Statement.

1870.

Public Fund dis- Mnrpli
bursements. ^^^^ ^"'

Wilmington & Charlotte Railraad,

JS'ort.h A\^estern N. C.

Western "

Marion & Aslieville Turnpike Co.,

W. A. Moore, for payment ot labor-
ers on hospital at port of Beaufort,,

W. A. Moore, for payment of labor
ers and material famished in erect-
ing Quarantine hospital at port of
Beaufort, ]N'. C,

Sundry persons under resolutions of
general assembly, as follows ;

M. Q. Waddell,

J. J. Sawyer,

J. E. O'ltarra,

V. C. Barringer, code commissioner,
salary for December, 1869, and
Januar}', Feljruary and March '70,

A. W. Tourgee, code commissioner,
salary for December, 1869, and
January, February and March, '70,

W. B. Hodman, code commissioner,
salary for seven months at $20(
per month, ending February 28,
1869,

Sundry sheriffs, &c, for settling tax
es, 1868 and 1869, as follows:

George Credle, sheriff Hyde county,

C. L. Aldrid, tax col. Moore "

T. F. Lee, sheriff Wake county foi'
1868,

T. W. Taylor, shei'iff Henderson
county,

Surities of John Barnett, late sheriff
of Person county,

J. I. Moore, sheriff Granville co'ty,

J. W. Schenck, Jr., sherif New Han
over county.

J. A. Reid, sheriff Halifax county,

J. C. Griffith, sheriff Caswell "

G. J. Williams, sheriff" Chatham "

H. D. Coley, state librarian, salary
for January, February and March,
1870,

7
4
li
1|

193 8.>

549

100
50
50

800

1,400

40
51

12
36

SO
20

21|40

14!
32

174199

1870-71. — Auditors Statement.

637

1870. I
March.!

F. A. OUls, for one copy of ]\rarl<
Tuains " Innocence Abroad," 1$

0. M. Farris, keeper of capitol weights
and measures, salary tor the montlis
of January, February and March,
1870, ■■ " j

11. J. Menninger, secretary of state.,
salary for January, February and
March, 1870, ■

F. J. Menninger. clerk to secretaryt
ot state, salary for January, Febru-
ary and INIarch, 187<>, I

S. jVi. Parrish, clerk to secretary oi'
state, salary for January, February
and Marcli, 1870,

A. Syme, clerk to secretary ot state,
salary for January, February and
March, 1870,

D. A. Jenkins, public treasurer, sal-
ary tor Ith ([uarter 1809, and 1st
quarter, 1870,

D. W. Bain, chiet clerk to treasurer,
salary tor tirst quarter 1870,

A. D. Jenkins, teller, treasurer de!
partment, for salai-y 1st quarter'
1870,

L. M. Hoffman, bookkeei)er, treas-
ury department, salary tor 1st
quarter, 1870.

R. W. Best, posting books in treasu-
ry departnient,

E. T. Page, for services rendered in'
treasilry departnient,

D. B. Wharton, for 30 days service su-
perintending the construction of a
turnpike road in Carteret county,|

Abraham Coiigleton, under an ''actj
establishing said turn])ike road, i

Southern express eoiii])any tor|
freighton sundry packages sbi[)])edl
by the various departments (hiring!
this month,

Alexander Turner, waiter in the]
capitol, salary for January, Febru-
ary and March, 187", '

Public Fund dis-
bursementB.

227

600

219

225

1,500
375

250

187

100

60
1,710

60
50

638

1870-71. — A nmoK's Stati:iient.

1870.
Public Fund dis- March

tvursements.

W. F. Kiiio;, t'.)r repairiiio- ^-ate lamps.
Handy Lockhart, tor niHkinu' desk
and letter-box for ISenatechainbei
re])H;rina- chairs,
Friday J one?, watchman in ca})itol,
salai-v for January, February and
March, IS 70,
Sentinel ofHee, pnblishin(>: sundry
proclamations of the governor and
accompanying acts,
J. H. Ennis^ for blank book, $1.25,
journal for treasurj' department
$5, record book for supreme court,
$4.80,
H. T. Olawson & Co., for window
shades, cords, tassels, and fixtures,
furnished and hanging same in
State House, as per bill,
S. D. Harrison, for brooms, brushes,
and oil for House of Representa
tives,
W. J. Grant, for furnishino^ grate and
putting in same in adjutant gen-
eral's office,
Dennis Miller, for repaii' "j: grnte in

adjutant general's office,
Douglass Bell, for 1990 lbs. coal
$14.93: 17 tons and 1,840 lbs.
coal $260.78 ; 4 bags guano $38.39 ;
soap $6,
John Ransom, foi painting walls

in adjutant general's olffice,
Western Union Telegraph company,
for telegrams sent and received by
executive and treasury depart-
ments during this month.
Shanks & Barrett, for pump and

lightning rods, ifec,
K. B. Wait, for work done, and lum-
ber furnished for secretary of
state's office,
L. B. Blum, for publishing o;overn
or's proclamation in " People's
Press,"
"Hillsboro' Recorder," for publish-

1870-71. — Auditor's Statement.

fi39

1870.

....

March.

ing governor's proclamation,

$ 30

John Armstrong, tor 8 dockets for

f upreme court, $12.00 ; 1 record

book, $1.00; 1 blank book for

state department, $6.25,

Alonzo Vv illiams, tor removing and

cutting 275 cords of wood.

187

W. R. Andrews, for 100 cords of

wood at $4.50,

450

S. Kline ife Co., for spittoons, pitch-

ers, bowles and goblets for the

house of representatives, senate

chamber and sundry ofiices.

Shanks & Barrett, for repairing wa-

ter closets.

Phil. Thiem, for 9 baskets and sun-

dry otiier articles as per bill,

H. P. Buncombe, waiter in capitol,

salary January, February and

Marc'h, 1870,

Eli Williams, for repairing wheelbar-

row, picks and gates.

Newbern Daily Twie-s, for publish-
ing sundry proclamations m Dec,

1869,

J. P. Johnson, for 1 lawn mower.

$38; freight on same $2,

Forest Manufacturing Co., for 200

reams No. 1 book paper, 21x38,

at $y per ream,

1,800

A. Williams, for stationery forsuper-

intendent public f. orke, $5.80;

for state department, $15.03 ; for
superintendent public instruction.

$2.20,

A. Williams, fur stationery for ex-

ecutive and treasury departn)ents.

Thomas Ciilman ife Co., for 2-J gross

improved gas economizers at $(!0

per gross.

150

D. G. Pruyn, for 100 cords of wcod

at $4,

400

Wilmington J^oH, for advertising

stationer}' bill for secretary of

state's department,

Public Fund dis-
bursements.

03
40

640

1870-'71. — Auditor's Statement.

1870,

Public Fund dis- March,
bursements.

Augustus D<)e]>p &, Co., for station-
ery purchased bv secretary of state
under contract,

Wilniint;;ton J\>d, for])uljlishinggov-
ernor's proclamation,

A. W, Frap.<, for 2 table for senate
chamber, $8 ; 1 desk for supretnc
court clerl:, $75 ; repairing sofa in
attorney general's othce, i^VS ; 1
pivot chair, lor speaker of the
h'^use of Ilepi'esentatives, i?lS ; re
pairing chairs, «\:c., in various de
partmonts, $70,

PI. Mahler, repairing State seal, §10;
seal for supreme court, $5 ; repair
2 clocks. $7.50 ; 2 gold pens and
staffs, $7 ; 1 cancelling stamp,
$14,

Raleigh Gas Light Company, tor gas
consumed in the state house and 8
gate lamps for 5 months ending
February 28th, 1870, j

W. R. Richardson, private secretary,
sealing 1500 bonds W. C. & R.
R. R.,'

Tucker vfe Co., for sundry articles
furnished the legislature under a
resoluti(jn of March 8, 1870, j

Charles Kuester, for new keys, re-l
pairing locks to doors and desk-!
drawers, senate chamber, house of
representatives, supreme court
room and other departments,

Augustus Doepp & Co., foi sta-
tionery furnished und(ir contract
with secretary of statef*^

Augustus Doepp ife Co., for sta-
tionery furnished under contract
with secretary of state,

Raleigh & Gaston Railroad Com-
pany, for freight on sundry cases
of paper, (stationery,)

H. D. Coley, sundry books, periodi-
cals, rent of postofhce box and
postage for state library,

1870-71. — Auditor's Statement.

641

1870.
March.

J. M. Pool, for 12 ornamental trees

for capitol square,
A. W, Fraps, tor one desk for super-
intendent ot public works otHce,

J. H. Enniss, lor sundry articles of

stationery,
G. Goodin,'agentfor J. P. Russ, and
others, for 46 cords of wood, at
$4.75,
Thos, H. Briggs, for glasses, rakes,
spades, pitchforks, shovel and
tongs, well bucket, &l'., as per bill,

J. n. Enniss, for 2 gross ]")encils,
11.50, ivory pen maker for state
depai-tment, $4,

S. D. Harrison, for candles, candle-
sticks, water dipper and brooms,
for use in state house, as per bill,
Nevvbern Daih' Thnes^ for publish-
ing governor's proclamation,

H. F. Ijraudon, clerk superior court,
Caswell county, for fees and allow-
ances in the ease ot the attorney
general for the state, vs. sheriff,
treasurer, and commissioners of
said c»Hmty,

J. N. Bunting, for ceatitied copy ot
record, in case of 11. 0. Keogh, vs.
the Atlantic Tennessee and Ohio
R. R. Co., and D. A. Jenkins,

i public treasurer, tor the senate in-

! vestigating connnittee,

JMrs. W. R.\\iulrews, l(,r ?A\ cords

j of wood, at ^4 per cold,

Handy Lockhart, tor i-epairing ciiairs

' in senate chaaiber and house of

, represenlatives, and work done in
sundrv othces in the state house,

!W. H. c^ R. S. Tucker & Co., for

I crape and ribbon furnished the
general assembl\, under resolu-
tion of March Kith, 1870,

jSundry persons on account of artifi
cial limbs, as follows :

121

187

Pul)lic Fund dLs-
buiscmeu's.

1.^8

1(1

78
50
75

64 50

«42

1S70-'71. — Auditor's Stateme:*t.

Public Fund dis-
•^biirsemeuts.

1870.
April

Madison Eakes, comimitation i'ov loss

of leg,
Edward Lowrj, commutation for loss

ot leg,
N". R. Ferguson, commutation for lo?s

of leg,
H. Adams, state auditor, salary tor

the month of April, 1870,
J. H. Adams, clerk to state auditor,

salary for the month of April,

1870,
H. H. Roberts, clerk to state auditor.

salary for the month of April,

1870,
A. J. Partin, clerk to state auditor,

salary for the month of April, 1870,
Solomon Bragg and others, for labor

on capitol square and state house,

during the month of April, 1870,

as per bills,
R. H. Allen & Co., for 16 bushels

lawn seed at $6 per bushel, $96 ; 1

garden roller, $36; 1 Swift's lawn

mower, -.-SS ; boxing and drayage

on same, $5,
S. S. Ashley, superintendent public

instruction, salary' for tlie month

of April, 1870,
E. S. S. Ashley, clerk to superintend-
ent of public instruction, salary

for month of April, 1870,
J. B. Neathery, clerk to suj^erinten-

dent public instruction, salary ior

tlie month of April, 1870,
C. L. Harris, superintendent public

works, salary tor the month of

April, 1870,
H. W. Moore, clerk to superinten-
dent public works, salary for the

month of April, 1870,
W. R. Richardson, private secretary,

salar}' for the month of April.

1870,
C. AY. Horner, clerk to executive.

18T0-'T1. — Auditok's Statement.

643

salary for the month of April,
1870,

W. H. Sanls, messcoi^er toexeentive.
salary for the month of April.
1870,

Sundry persons?, under an " act pre-
scribing the jxtwers atid duties of
the govx'rnor with regard to fugi-
tives from justice," as follows:

N". H. Suttnn',

L. H. Mowers,

A. AV. Fisher,

G. W. Tilh.u,

E. R. Stanley,

.1. R. Parrut't,

L). J. Tzzle,

T. A. Byrnes, secretary of senate,
transcrilnng Senate jouriial for
pi-inter, session 18()9-''70,

J. II. Boner, clerk of House of Rep-
resentatives, for one day's services,

J. E. O'llara, engrossing clerk of the
House of Representatives, three
days' services,

H. M. Miller, assistant enrolling
clerk, for four days services,

H. E. Stilley, rejiresentative fourteen
days attendance,

J. 11. Davis, representative seven
days attentlance,

John Nichols, treasurer institution
for deaf duml) and blind, part of
the ajiproprialion for 1870 for
said institution,

C. W. Horner, treasurer of insane
asylum, part of ap))ropriation for
said asylum lor 1870,

T. W. Taylor, for cunveying AV. 15.
Stepp to insane asylmn,

N". Milleson, f )r conveying R. M.
Anderson to insane asylum,

S. W. Tillinghast, for conveying J.

M. Tillinghast to insane asylum,
j John Frailey, for conveying Charles
1 Mendenhall to insane asylum,

loo

PiiMic Fund dis-
hui'bi'inciils.

150
150
304
121
350
150
50

t>6

275

28
98
49

10,000)

13,000

11(5

20
04

90
70

!Hk

«44

1870-71. — Auditor's STATEMr:NT,

Public Fund dis-
tjursements.

1870.
April.

Ruth Gallaniore, for expenses iu re-
turning home troni insane asjhun.

Tho8 Bragg, for 21: clays attendance
on investigating committee, at $7
per day,

W. L. Scott, for 24 days atteTulanee
on investigating committee, at $7
per day,

S. F. Phillips, for 24 days attend-
ance on investigating committee,
at $7 per day,

W. L. Scott, lor expenses incurred as
one ot senate investigating com
mittee,

L. P. Olds, attorney general, salary
for the months of March and
April 1870,

?. W. Watts, judge superior court,
salary for lirst quarter 1870,

C. 0. Pool, judge superior court, sal-
ary for 1st quarter 1870,

E. W. Jones, judge ol the superior
court, salary for 1st quarter 1870,

D. L. Russell, judge of the superior
court, salary for 1st quarter 1870,

G. W. Logan, judge superior court,
salary for 1st quarter 1870,

Ralph Bnxton, judge superior court
salary for 1st quarter 1870,

E. G. Read, judge supreme court,
salary for 1st quarter, 1870,

C. R. Thomas judge superior court,

salary for 1st quarter 1870,
W. R. Cox, solicitor, 6 certificates,
J. J. Martin, " 2 "

J. W. Albertson, " 2 «
J. A. Richardson, " 4 "
Atlantic & North Carolina Railroad
Company, transportation for R.
Bryan, Co.^ " A," No. 5, K C. D.
M., Irom Newbern to Raleigh,
Pride Jones, under " an act to or-
ganize militia, &c.,
Alfred Dockery, chairman peniten-
tiary commissioners, part of appro-

1870-71. — Auditor's Statement.

645

tion for the erection of peniten-
tiary,

W. IlolcJen, state printer, fur
printing and ruling 18000 tax lists
on both sides, $378 ; tor printing
for state department, $326.26 ; for
state treasurer's and auditor's de-
partments, $892.41,

S. M. Parish, for examining accounts
ot state printer,

G. Colgrove, for services rendered
as clerk to joint committee ap-
pointed to investigate the affairs
of the state banks,

V. C. Barringer, code commissioner,
salar}^ for the month of April,
1870,

A. AV. Tourgee, code commissioner,
salary for the month of April, 1870,

T. W. Patterson, sheriff of Rocking-
ham county, for settling taxes,

F. J. Menninger, clerk to secretary
of state, salary for mouth of April,
1870,

Andrew Syme, clerk to secretary of
state, salary for month of April,
1870,

S. M. Parish, clerk to secretary of
state, salary for month of April,

J. J. Sawyer, clerk to secretary of
state, for 23-|- days services, at
$2.50 per day, j

Andrew Syme, clerk to secretary ofj
state, salary for extra services copy-
ing laws,

Miss Lizzie Moss, services rendered
secretary of state department, copy-
ing laws,

Miss Mollie Jones, service rendered
secretary of state department, copy-
ing laws,

S. M. Parish, extra services rendered
secretary state department, copy-
ing laws,

Lawrence llagerty, service rendered

$ 5,000

Public Fund dis-
bursements. ,

1,596
3

200

75
75

40
33

50
50
50

646

1870-'71 . — A uditor's Statkmknt.

PuMic Fund dis-
)>urseinents.

1870.
April

secretary of state depailnieiit, copy-
ing laws,

C. I\L Farris, keeper of capitol and

weiglits and measure.*, palary for the
month of Aj^ril, 1870,

E. J. Hale 6z tSons, for sundry book;^!
for state libraiy,

Little, Brown Sc (yo., foi' snbRcription
to American Law Review for Feb-
ruary,

A. J. Jones, for 1 vol. Wallace's L'.
S. supreme court report.

H. D. Coley, state librarian, salary
for tlie montli of A])ril, 1870,

J. A. Askew, for 20 days service a.-
clerk in treasury de])artment,

T. F. Lee, sheriff" of Wake county,
for maintHininij: 26 prisoners, in
Waki county jail, 5,861 days at
60 cents per day,

T. F. Lee, sheriff Wake county,
for expenses in carrying prisoners
to the penitentiary, $7.00; turn-
keys, 19.50,

G. M. Lee, treasurer North Carolina
llailroad Company, for 5 per cent.
U. 8. tiix on $90,000, first payment
of 3 per cent, dividend, No. 10.
to April 1st, 1870,

Southern Express Co., for freiglit
on sundry packages shipped bv
treasurer's and auditoi-'s depart-
ment, during this month,

Menry Ijiggs, for services as waiter
in capitol for o\e week, supreme
court,

N^ewbern Daily Times, for publish-
ing governor's proclamation in re-
lation to Alamance count \', $25 :
advertising " act for the lietter
protection of life and property,"
$35,

Jommissioners of Henderson county,
for keeping Young Becknell and

79
139

5
6

58
50

3,516

l(v

66.

S'^ .

4,5

59
4

6(>
5(>

65
50

1870-71. — Auditor's Statement,

64:7

1870.
April.

Win. Stopp, lunatics, 1 year each,
at SlOO,
W. & A. Page, for cutting wood 38

days at $1.00 per day,
H. J. Hesselbach, for grates, stoves,

etc., for use of capitol,
Hillsboro' Beeorder, for publishing
sundry proclamations of the gov-
ernor,
W. U. Telegraph Company, for tele-
! grams sent and received by the
1 several departjnents, to April 2,
; 1870,

"W. A. Smith t!c Co., tor printing 600
Alamance proclamations 812,00 ;
for publishing governor's procla-
mation in relation to Alamance
county, $100 ; proclamation con-
cerning escaped convicts from the
state penitentiary, $19.-50,
'Friday Jones, for 5 cords of wood at
i $4: per cord,

iWm. King, tor repairing valves and
! wires in water tank, putting new
j pipe in water closet, furnishing
I ])ipe to conduct water from capi-
tol lir.ilding to eastern reservoir,
cVc,
Seth Nowell, for hauling stationery,
Sentinel office, for publishing sched-
j nle " B," revenue law,
IW. A. Smith <k Co., tor printing for
I department of State, as ])er bill,
'Raleigh Gas Light Company, for gas
\ consumed in State House and 8
; gate lamps,

ilv. B. Wait, for work done in secre-
■ t;u-y ot State's ofhce,
jW. li. Morris <Sj Co., lor 1 spring-
i seat cliair fors npreme eom'troom.
; Nichols c\r Gortnan, for pi'inting foi'
' treasury and auditor's department,
'E- A. Williams, tor cleaning and re-
i pairing time keeper in executive

.tK

200
38
74

PuIdUc Fund dis-
bursements.

131

37
1

119

161

omce.

83
75

60
50

64S

1870-'71. — Auditok's Statement.

Public Fund dii^-
bursp.raeuts.

1S70.
April

May.

H. Fendt, fur howls, <lipi)ers, tub,!

tVrc, ' >>

Cutter, Tower A: Co., for .j,ihhi gilt

seals at i5^5 per 1,00* >, j

W. A. Smith A: Co., for advertising!

notice to sheriffs and others, andij

sundry ])rintini;' for lU^partnients,]!

as per l»ills,
Mrs. W. R. Andrews, for •> cords'

wood, at Si- per cord, •

J. II. Enniss, for stationery furnishedi

various departments,
R. S. Tucker, for 2 car loads ice,

8,178 lbs. each, at Ic. pei- pound,!
J. W. Coleman, for 12 reams im-i

peria! pai>er, 32-^x33 at S22 per;

ream, s2Hl:, two cases s2, I

Friday Jones, watchman in capitoljj

salary for month of April, 1870, i
Alex. Turner, waiter in capitol, sal-i

arv for montli of April, 1S7(>,
H. P. Buncombe, waiter in capitol.,

salary for month of April, 1870,
F. Taylor, for 6 loads pine wood at §4
Engelhard *fe Price, for ])ublisliing

governors proclamation offering a

reward for A. Devane,
Lougee <fc Bro., for tw(_> wire tiles

for executive de})artment,
W. Ti. Richardson, for sealing 150

bonds AVilliamston A: Tarboro'

Railroad. j

Shanks ifc Barrett, for pump, valves,!

and work done in plum])ing onj

capitol premiseb, |

H. Adams, state auditor, salary for!

the month of May, 187<>, ' !

J. H. Adams, clerk to state auditor,!

salary for the month of May, 1870,'
H. n. Roberts, clerk to state auditor,}

salary for the month of May, 1870,|
A. J. Partin, clerk to state auditor,!

salary for the month of May, 1870,'
Solomon Bragg and others, for ser-|

vices on capitol square, in state!

133 50
24
♦*) 30
1 63 5t>

206

22 50

22 50
24

810
200
83 33
75
75

167'>-"T1 . — Auditur's Statkmk^'t.

C4f>

1870. 1]

Ma}'. ' liouse, anu ij^uarding ai-scn:il, tor
' the uioiitii of Mav, JSTO,
jS. S. Ashley, supcinntciulent ])ubliei
il instruction, salary t'lr the n!()iith:
ii of May, IST",

'is. S. Ashley, for e.\i»ensL'S in travel-;
Il ing- to and troiu Halitkx, Xorth-i
anipton, Perciuimans. lieantortand'
Wayne counties on business con-
nected Nvith his othce,
|E. S. S. Ashley, clerk to superintcu-,
dent of public instruction, salary'
for the month of May, 1870, ;

•J. B. Neuth.cry, clerk to superinten-|
dent public instruction, salary for
the niunth ot May, 1ST<>,
C. L. Harris, superintendent pnl)lic
works, salary foi- the nnjnth ofj
May, 187'), " i

J. C. L. Harris, clerk to superinten-i
dent })ublic works, salary for the;
month ot May, 1S7(>, " \

W. K. Iticharttson, private secretary,!
salaiy for tbc month oi May, 1870,
C. W. Horner, clerk to executive,^
>al;iry foi' the month of May, 1870,1
\V. II. Sauls, messeiiger to execu-i
live, sahirv for the month ot ^lay,^
187'.!,
Sundry j'cis iii^ midcr "'an act pre-j
: scriliing ;ii<' |io\\cis and <nities oil
j the goNcnior with regard tr. fug!-;
I tives fr'iui iii<ticc." as follows :
'P. A. Wilev't-.i- !..[[. M..UV!-
L. II. Mowcr>.
,,A. W. Fisher.

iW. Ames, repre.-entati\c tidiu Lcnir
,, coiiiiiy.

J. C L. ll.iM:.-. indexing senatcji-iii-
il nai, se^^ioI; lN»;i« and l87'», ' i
yj. H. Bond', indexing liouse journal'
jl session 18(5'.* and ls7<>, ' j

IjF. T. Baxter, f )r conveying Mrs. W.l
|! Westeitleld to iii.s.ne asylum, '

'2i to

48
83

2(j0

10<>

•41

Public Fund dis-
Jnirsemeuts,

6<;

11G05
7iHi

41»

luo
55

650

18T0-'T1 . — Auditor's Statement.

Pablic Fund Jdis-
bursements.

1870.

May.

A. P. Duke, for convoying Xancy
Riissel to insane asj'luin.

John JNichols, treasnrer institution
for Deaf, Dumb and Blind, part of
appropriation to said institntion,

D. E. Bunting, for attendance on the
senate investigating committee $6,
for travelling 272 miles at 5e per
mile, $13.6(3;

E.. H. Cannon, judge superior court,
salary for 1st quarter, 1870,

R. M. Henry, .soiicit(;r, 4 certificates,

J. C Gudger, solicitor, 1 cei-titicate,

J. V. Shor.ird. solicilor, K- certiii-
cates,

J. W. Albertion, i^oljcitoi', 2 cevtili-
cates,

W. E., Cox, solicitor, 1 certiticate,

J. R. Bulla, solicitor, 8 certificates,

Nichols & Gorman, for printing su-
preme court reports, -124 pages, at
$1.50 per p., $636,00 ; binding 167
copies, at lOc, $16.70; postage
paid or. 17 copies to judges, $4.25,

S. F. Phillips, reporter for supreme
court, last half year's salary-, end-
ing Dec. 31, 1S69, and first halt
year's salary, 1870,

William Smith, engineer Marion and
Asheville Turnpike company, un-
der an " act to establish a turnpike
from Marion to Aslieville,"

Alfred Dockery, chairman peniten
tiary commissioners, ]>art of appro-
priation for the erection of a peni-
tientiary,

Jos. W. Ilolden, state printer, for
printing on house journal, liouse
and senate rolls, certificates of per'
diem, school laws, index to journal
of house, documents for general as-
sembly, tax lists and abstracts for

I auditor's departmen t, sundry print-

I ing tor treasurer, adjutant general

26 75

3,000

19 60

625

160

520

320

656 95

000

53631

6,0001

1870-' 71 . — Auditok's Statement.

651

1870.
May.

and superintendent of public in-

struction, as per bills on file,

$ 798

M. S. Littleiield (public printer, 1869)

printintr genend orders No. (> and

8, and badges, co. " M " for officers

1
1

and men for adjutant general's de-

partment, as per bills,

M. S. Littlefield, printing dockets,

record books, and for state depart-

ment, as per contract v>'ith Secre-

tary of State, per bill filed,

i 5,677

S. JM. Parish, for examining accounts

of state printer,

R. F. Trogdon, sberitf ot Eandolph

count)-, for public tax refunded.

E-. F. Trogdon, sheriff of Eandolph

count}', for special tax refunded on

on the following roads : Williams-

ton &: Tarboro" I'ailroad, SI. Go ;

Western North Carolina railroad,

S4.00 ; AVilmington, Charlotte &

Eutherford Co., ^1.50; North-

western North Carolina Eailroad,

75c. ; Western Eailroad Company,

75c. ; Marion A: Asheville Turn-

[

pike Conipany, 17c.,

A. W. Tourgee, code commissioner.

salary for the month of May, 1870,

200

V. C. Barringer, (!ode commis-

sioner, salary for' tlie month of

May, 1870,

200

N. E. Jones, sheriff of Warren

Lounty, tor settl ng taxes,

H. J. Menninger, secretary ot

state, salary for month of May,

1870,

200

F. J. Menninger, clerk to secretary

of State, salarv lor month of May.

1870,

Andrew Symc, Clerk to Secretary

of State, salarv for month ot Mav,i

1870,

S. M. Parish, Clerk U> Secretai-y of

State, salary for month ot Mav,;

1870, ■ ■ ;

Public Fund dis-
bursements.

662

1870-

-xVuDiTi )k's Statement.

I'ublic Ftind dis-
1>ursements.

1870.
May.

J. J. Sawyer, clerk to j^ccretary ot
I state, 37 days, at i5^2.50 per day,
D. C. Syme, tor copyin,^: laws for

secretary ot state,
C. M. Farris, keeper of (-apitol "and
weights and ineasui'cs, salary forj;
May, 1S70,
Sontlicrn Express Co., foi- freight on
suT.dry packages from the various
departments dnring the month of
May, 1870,
James Towles, for 1 refrigerator.
Western Union Telegrajth Company,!
for telegrams sent and received by!
executive, treasury and state de-{
partments, |

Raleigh post office, for ]H^stage for
the varions de])ai-tments. for the
month of May, IS TO.
W. J. ^ ates, for jtiiltlisliing gov-
ernor's proclamation concerning
escaped convicts,
S. D. Harrison, for matches and soap,
Wilmington Post, for publishing
governor's proclamation concern-
ing A. Devane.
K. 13. Wait, for material and labor|
on woodliouse !I^17,<'7, making 2
doors and putting pigeon holes in
desk in Secretary of Statels office

N'ew Berne Daily Times, for pub-!
lishing governor's proclamation,

A. W. Fraps, fori desk iB12, 1 stool|
$1.25, 1 stool $3 for Department

of public instruction,

John Armstrong for 12 dockets for
supreme court, at |;1.50,

Goldsboro' Jt^ews, publishing gov-
ernor's proclamation concerning
A. Devane,

Jo. W. ITolden. publishing proclama-
tions, cVrc,

Nichols 6z Gorman, printing for su-
preme court.

20
201

24 1

16|25
18|

43 75

81 50

ISTO-'Tl. — AuDITOk's STATEMfJNT.

653

1870.
May.

June.

Thomas II. Coates, for work done in

treasurer's department ^10, and]
I putting safe in office of superin-i

tendent of public instruction ^10,!
Kalcigli Gas Light Company, for gas

consumed in capitol and 8 gate
! lamps for month of May 1870, |
jjohn Harriss, for hauling 14 loads of
i trash from capitol sipiai-e at fifty
1 cents per load,

Jo. W. Ilolden, for printing for cxe-
I cutive department,
ijSTichols & Gorman, for ])rinting 100
I sultpcenas,

J. A. Jones, for 1 copy United States
i Supreme Court lleport, $6.00 ; 1

copy Benjaman on Sales, $7.50,
i Friday Jones, Avatchman in capitol,
i salary for month of May, 1870,
|Alex. Turner, waiter in capitol, sal-
; ary for month of May, 1870,
iH. P. Buncombe, waiter in capitol,
! salary for mon til of May, 1870,
H. ]). Coley, state librarian, salary
j for month of May, 1870,
Phil. Theim, for 460 lbs. of ice, at 4

cents, $19.84; balance on ice for
I 1869, $2.75 ; 8 brushes and 3 balls!
I of twine $14

\Sentmel Office, for publishing gov-
ernor's proclamation of May 25th,

1870,
Lewis Ford, for hauling 4 loads of

hay at 25 cents,
H. H. Roberts, clerk to state auditor

salary for month of June, 1870,
A. J. Partin, clerk to state auditor,

salary for month of June, 1870,
J. II. Adams, clerk to state auditor,

salary for month of June, 1870,
H. Adams, state auditor, salary for

the month of June, 1870,
Solomon Bragg and others, fur labor

on capitol square, state house and

22
22
58

200

Public Fund dis-
bursements.

50
50
50
50
33

€54

1870-'71. — Auditor's Statement.

Psblic Fund dis-
bnreements.

1870.
June.

guarding arsenal during the month
ot June, ISTO,

Friday Jones, for liaiiiing 2<> loads toi
capitol square at 50 cents per load,

S. S. Ashley, superintendent public^
instruction, salarj^ for tlie month
of June 1870,

E. S. S. Ashley, clerk to superinten-
dent public instruction, salary lor
the month of June, 1870,

J. B. Neathery, clerk to superinten-
dent public instruction, salary for
the month of June, 187o,

C. L. Harris, superintendent public
works, salary for the month of
June, 1870,

J. C. L. Harris, clerk to superinten-
dent public works, salary for the
month of June, 1870,

W. W. Holden, governor of North
Carolina, salary for 2d quarter,
1870,

W. R. Richardson, private secretary,
salary for the month of June, 1870,

W. H. Sauls, messenger to executive,
salary for the month of June,
1870,

C. "W. Horner, clerk to executive,
salary for the month ot June,
1870,

Simdry persons, under an '* act pre-
scribing the powers and duties of
the governor witli regard to fugi-
tives from justice," as follows :

A. W. Fisher,

L. H. Mowers,

Sundry persons for attendance on
general assembly, as follows :

R. C. Parker, representative,

T. J. Candler, assistant clerk to
House of Representatives,

Sundry persons for conveying luna-
tics to the asylum, as follows: 11

Thomas Grier, conveying Susan A.!|
Grier, |l

290 75

lOl

20<»

75
200

1,250
83

•11

100

185
50

392

1971

1870-71. — Auditor's Statet^lknt.

655

1870.

Jnne.J

D. S. Swain, conveying F. A. Ballen-

tiue,

$ 36

W. B. Jones, conveying A. C Par-

ker,

J. A. Richardson, solicitor -ith dis-

trict, 3 certificates.

120

W. R. Cox, solicitor 6tli district, 2

certificates,

McNeill McKay, solicitor 5tli dis-j

trict, 5 certificates, \

200

J. W. Albertson, solicitor 1st dis-

i
1

trict, 2 certificates.

J. V. Slierard, solicitor ord district,

1 certificate.

Marcus Erwin, solicitor 12tli dis-

trict, 1 certificate, |

A. H. Joyce, solicitor Stli district,]

7 certificates, j

280

W. P. Bynnm, solicitor 9th district,'

7 certificates, j

280

v.. S. Liisk, soiicitov 11th district, 2^

certificates, j

S. W. Watts, judge superior court,'

salary for 2d quarter, 1870,

625

C. R. Thomas, judge superior court.

i
1

salary for 2d quarter, 1870,

625

R. P. Buxton, judge superior court.

salarj^ for 2d quarter, 1870,

625

C, C. Pool, judge superior court,

salary for second quarter, 1870,

625

E. W. Jones, judge superior court,!

salary for 2d (juarter, 1870,

625

D. L. Russell, judge superior court,

salaiy for 2d (juarter, 1870,

625

L. P. ()lds, attorney general, salary;

for the month of May, 1870,

125

D. A. AVicker, mai'shal ot supreme

court, salary for 25 days, at !^o per

day, !

G. "VV. Kirk, under an "act for the

better protection of life and ))i'0]»-

erty,

1,000

iW. J. Clark, under an "act for the
better protection of life and prop-!

erty, 1

500

Public Fund dia-
bursements.

656

1870-71. — Auditor''^ Statement.

1870.

Public Fund clis- June,
barsements.

W. S. McKee, under an ''act for the!
' better protection of life aiid prop-)
: erty, i

Alfred Dockery, chairman peniten-
I tiary commissioners, part of the
i appropriation for the ei-oction of
j penitentiary,
Jo. W. llolden, state printer, for

sundry printing as per bills,
Y. C. Barringer, code commissioner,

salary for the month of June,

187«>1
H. J. Menninger, secretary of state,

salary for months of April and

June, 1870,
F. J. Menninger, clerk to secretary}

of state, salary for the month ofi
I June, 1870, " j

Andrew Syme, clerk to secretary ofj
I state, salary for the month of June,
I 1870,
S. M. Parish, clerk to secretary ot

state, salary for the month c>f June,

1870,
J. J. Sawyer, clerk to secretary of

state, salary for the month of June,

1870,
H. D. Coley, state librarian, salary

for the month of June, 1870,

C. M. Farris, keeper of capitol, and
weights and measures, salary' for
the month of June, 1870,

D. A. Jenkins, ])ublic treasurer, sal-
ar}^ for 2d quarter, 1870,

D. W. Bain, chief clerk to treasurer,
salary for 2d quai-ter, 187<', j

A. D. Jenkins, teller to treasurer,!
salary for 2d quarter, 1870, ,

L. M. Hoffman, book keeper to treas-
urer, salary for 2d quarter, 1870,

M. Rosenbaum, for oil cloth, ribbons,
to\yels, &c., for use of capitol,

W. U. Telegraph Co., for sundry
telegrams, sent and received by

500

18T0-'71. — Ai'ditor's Statement.

657

executive, state and treasury de-

I partments.

Soutliern Express Co.. for Ireigbt

i on sundry packages shipped and

I received by state and auditor's de-
partments, and state library,

C. L. Harris, superintendent public
works, for actual expenses while
traveling to attend to the Marion
and Asheville turnpike aftairs,
. & J. W. Johnson & Co., for sun-
dry books for suDreme court, per
bill,

lE. J. Hale A: Sons, for sundry books

j for supreme court, per bill,

jSundry ]>ublishers and newspapers,

I for publishing various proclama-
tions of the Governor, as per bills

I on file, as follows :

[Republican publishing com}>any,

[New Berne Daily 2'ir/ies.

W. B. Alligree, for Hillsboro' Jie-
co/'der,

jGoldsboro'' ^'^ews,

C. D. Grady, Wilminoton J*osf.

W. A. Smith A: Co., "

.Sentind office,

Asheville Pioneer^

H. C. Smith, for repairing state
house roof, and water pipes,

Mrs. M. J. Mosely, for 1 lot of flowers
for capitol square,

A. W, Fraps,for 1 black walnut desk,
for the secretary of state office,

Forrest Manufacturing company, for
part payment for 600 reams of Ko.
1 book paper 20x40,

W. S, Ball, under a resolution autho-
rizing the governor to employ
y- counsel in certain cases,

R. C. Badger, under same resolution,

Raleigh Gas Light company, for gas
consumed in state house and 8 gate
lamps,

4185

Public Fund dis-
bursements.

65i75

26
15

7
25
24
54
43

18
45

50
50

4,000

100

200

658

1870-'71. — Auditok's Statement.'

Public Fund dis-
bursements.

1870.
June.

July.

John Armstrong, for 86 sets indexes

to supreme court dockets at OOc,
W. Dunsbon and others, packing
wood, removing stationcij from
arsenal, i\:c.,
II. P. Buncom])e, waiter in capitol,
salary for the month of June, 1870,
Alex Turner, waiter in capitol, sal-
ary for the month of June, 1870,
Friday Jones, watchman in capitol,!
salary for the month of June, 1870,
L. Levy, for one iron safe for secre-
tary of State,
A. VV. Frapps, for one desk for exe-
cutive office,
North Carolina Railroad company,
for freight on guns and ammuni-
tion, &c., shipped from Tlaleigh to
Salisbiu'v,
Austin Gilmorc, for cleaning and

bronzing statute of Washington,
Wall Street Journal, for subscrip-
tion for the Wall Street Journal
for treasurer's department,
Henry Turner, for hauling 26 loads
from aimory and 13 loads from
capitol S(|uarc, i

E. J. Hale & Sons, fur ])ooks fori

supreme court library,
H. Adams, state auditor, salary for

the month of July, 1870,

H. II. Roberts, clerk to state auditor,

salary for the month of July, 1870,

A. J. Partin, clerk to state auditor,!

salary for tlie month of July, 1870,!

Jas. II. Adams, clerk to state audi-!

tor, salarvfor the month of Jul}','

1870,

ji|Solomon Bragg and others, for labor:

1 1 on capitol square, in state house,!

[l and guarding arsenal during the!

1 1 month of July, 1870, " ,

London AViliiams, for 84: days labor, j

cutting wood, at 1.00 per day,
W. B. Jones, deputy sheriff of Davie,

29
30
30
45
50
37

19!

9^
19 ^

200
75
75

83 3

390
84

1870-71. — AumTOR's Statement.

659

county, for l<eepiiig, conveying

and gnardin*^- convicts to penitent!

ary,
H. J. Menninger, secretary of state,

for fnrnisliing the state printerji

with copies of laws ot 1869-'70,|i

and sundry resohitions, as per "bill,! 1
S. S. Ashley, superintendent of pub-[j

lie instruction, salary for tlie month

ofJuly, 1S70,
J. B. feathery, clerk to superinten-n

dent public instruction, salary torj,

the month of July, 1870, ' ^ i]
C. L Harris, superintendent public '

works, salary for the month ot';

July, 1870, " jl

J. C. L. Harris, clerk to superinten- 1

dent public works,, salary l(U" theij

month of July, 1870, " I

W. R. Eichardson, private secretary,] j

salary from 1st to 18th of July,j,
i 1S70, _ i!

W. H. Sauls, messenger to executiye,|i

salary for the month of July, lS70,i
ISnndry persons, under an " act pre-!
! scribing powers and duties of thei
' governor with regard to fugitives

from justice," as follows:
|L. H. Mowers,
A. AY. Fisher,
|C. L. Estes,

|S. A. Douglas, j

jJohn !iSrichols, treasurer institution;
! for deaf, dumb and blind, ]xart of
; appropriation to said institution, '
John Nichols, ti-easurer, Arc, on same;

accuunt.
Chas. W. Horner, treasurer insane
asylum, part ot a})])ro}triation for
said asylum.
Sundry persons, for conveying luna-
tics to asylum, as follows :
J. W. Pearce,
T. R. Davis,
L. E. Jolinson,

Public Fuad dis-
feursemeuts.

137

880
200

75
200

49
41

86
66

163
50
50

200

2,000
2,000

5,000

114125
36l60

660

18T0-" 71 . — Audituk's Statemext.

Public Fund dis-
bursements.

1870.
July.

(t. J. Pembertoii,

Hutcliins, Burrou<jjhs (^^ C>_)., and
Burronglis Sz SY>v[n^&, for tax
overpaid Ly thciii as insurance
agents, to the siierifF of Mecklen-
bnrg county,

Tlionias Settle, judge su])rente court,
salar}^ for 2d quartei-, 1S70,

R. r. Dick, judge supreme court, sal-
ary for 2d quarter, 187* >,

E. G. Reade, judge supreme court,
salary tor 2d (juarter, 1870,

R. M. Pearson, judge supreme court,
salary for 2d quarter, 1870,

A. Mitchell, judge superior court,
salary for 1st quarter, 1870,

A. Mitchell, judge superior court,
salary for 2d quarter, 1870,

W. B. Rodman, judge supreme court,
salary for 1st quarter, 1870,

W. B. Rodman, judge supreme court,
salary for 2d quartei-, 1870,

A. W. Tourgee, judge superior court,
salary for 2d quarter, 1870,

J. L. Henry, judge superior court,
salary for 2d quarter, 1870,

G. W. Logan, judge superior court,
salary for 2d (piarter, 1870,

W. P. Caldwell, solicitor, 7 certifi-
cates,

J. W. Albertson, ^>c>licitor, 2 certifi-
cates,

J. C. L. Gudger, solicitor, 1 certifi-
cate,

L. P. Olds, attorney general, salary
for the month of July, 1870,

W. 11. Bagley, clerk supreme court,
salary for half vear, ending June
30, 1870,

D. A. Wicker, marshal supreme
court, salar}^ from 1st to 25th of
July inclusive, at $3 per day,

Sundry persons under " an act for
the better protection of life and
property :"

18T0-' 71 . — Ar ])iTt )K"ri Statement.

661

John II. irarisoii, pott ijuarternias-

ter under al)ovc act,

N. A. Ramsay, under above act,

ICapt. Ilolit. Hancock, under above:

act, ' ;

lA. D. Jenkin.-. jiayniaster, under!

j above act, i

ILeacIi Bros., tor l!24 lbs. bacon at 21 1

I cents tor Xortb Carolina State!

] Troops, per bill,

I J. Kraus i^r Co., for provisions for 1st

regiment Xorth Carolina State

Troops, y)er I till,

Col. S. A. Douglass, undei' above act,;

G. W. Wynne cV: Co., for horses,

wagons and horses ])er Itill, under'

above act, |

W. li. All -'right, for 202 lbs bacon i

at 22c. for Col. G. W. Kirk's 2d|

regiment of North Carolina State j

Troops, s59.<'iG, for hire of three'

wagons and teams and drivers 5|

days each, at ^4 per day, §;60, |

Jo. AV. llolden, for ]»ublishing sun--

'I dry proclamations of the governor,

HJo. W. Holden, state printer, for

ii prinriug public laws 1S69-'T0;

jj and printing for vario\;s depart-j

I ments, as jier bills, j

I' Jo. W. Holden, state ]H'inter, fon

|l composition, press work andbind-j

'[ ing house and senate journals in

Ij eluding paper, ruling and binding

i| K'lS s (piire blank books, pei' bills.

i'S. M. Parish, iw examining ac-

:' c<junts of -[jublic printei'. j

I Jo. W. Holden. state i)rintei-, for

n composition on ]>ublic laws, cap-

i! tions to same, auditor's I'eport,

• i as per bill,

'Jo. W. Holden, elate pihitei', for
!! composition on constitution, jriib-
M lie laws, isriD-'To, index to sauje
]j and advertising proposals tor wood
il and coal,

5(J0
158

400

61,0<^0

875
393

2,700

119

<;5i
sil

093

188

Public Fnm^ clis-
bursements.

662

IS 70-' 71. — Auditor's Statement.

Public Fand dis-
bursements.

1870.
July. '

W. B. Hodman, code coimnissioner,

salary to July 1st, ISTO,
A. W. Tonro'ee, code commissioner,!

salary for June and July, 1870, ;
F. H. Busbee, for preparing inde:<

to public laws lS69-'70, " |

H. J. Menning-er, secretary of stateJ

salary for month of July, 1870, I
S. M. Parish, clerk to secretary of

state, salai-y foi- month of July,l

1870, " I

Andrew S_yme, clerk to secretary ofj

state, salary for month of July,!

1870. ." ■ j

|J. J. Sawyer, clerk to sccretaiy ol;

state, salary foi- month ot July,

1870, ■

F. J. Menninger, clerk to secretary
of state, salary for month of July,
1870,

H. D. Coley, state librarian, salary

I for month of July, 1870,

|C. M. Farris, keepei- of capitol and

weights and measures, silary tor

month of Job/, 187<*,

G. M. Lee, treasurer of Xortli Caro-
lina Kailroad company, for 5 per
cent. U. S. tax on $90,000, 2nd
payment of 3 per cent dividend
No. 10 to July 1st, 187(t,

John Armstrong, for 1 jonnial demyj
8 quires for otRcc ni' secretary ofj
state, j

Henry Jones, for hauling 50 loads]
of wood at 50 cents per load,

F. J. Menninger, for hauling 9 loads:
of trash from capitol square, !

W. A. Smith A: Co., for binding!
newspapers and lettering 03 books^
for library, i

J. P. Prairie, for work done on arse-i
nal, I

Jolm Armstrong, for 1 record book,'

i 10 quires for secretary of state'sj

I office, j

IjOOOj

400'

100,

2001

I
75!

83|33
58 3R

4,500

15
25

28
88

18T0-'71 . — Armnm's i^r atkment.

1870.
Jnly.

A. 11. Do\ven,pii1)lishiiio; orovernor s;

1)roc'laniatioii cojiLTrniii^ Duiiieli
51ne and otlio's^, '

W. r. Tcle,^^rupll C ., for tclegl■aIn^,
sent and rec- ived hv executive,:
treasury and state departments.:
during this moiitli, i

Charles Kuester, for kejs, locks j
ifee., made and repaired tor Statei
liouse, inchiding 1 panel of ironj
fence around sipia re, |

Alfred Willianip;, for sundry artit•le^!
of stationery for executive, treas-
ury and department ot public in-j
sti'uc:ion othces, :

Thus. II. Briggs, tor snndry articles
for use of capitol and square, as
per bill,

K. B. Wait, for 50 boxes for state
de])artment,

C. J. Rogers, j)ustina?ter, tor postage
fr(.m April 1st, to July 1st, 1870,
for the several department cilices
in state house,

II. J. Menninger, for Xewbern
Daily Times, for publishing g*^--
ernor's proclamation, calling anli
election in 2nd congressional dis-jj
trict, 'i

H. J. Menninger, for -i extra dies forjj
No, 4, bank stamp, ^12; red and '
blue ribbons, s7,

Jas. II. Ennis, Ibr stationery foi'
adjutant general, Sl8.V»5; execu-
tive, treasnry and auditor's depart
ments, and supreme court, as ])ei'
bids, !i>20.70,

'S.Kline, lor sjnttoons, goblets and

' pitchers for state house, 'I

jJohn Armstnmg, for 75 registration Ij
books furnished state dei)artment.

J. E. AVilli;ims, tor services in execu- ,
tive department, j

Alex. Jones, for hauling 30 loads of;
trash, rubVjish, papers, Arc, 1

54
45

493

35
19

34
20
67
7
13

Public Fund dis-
bursements.

85
91

50
50

664

18T0-'71. — AuDiToii's Statement.

Public Fund dis-
bursements.

1870.
July.

Southern Express company, for
freight on sundry packages for
tre;isury and state departments,

Handy Lockhart, for repairing 20
chairs,

Raleigh Gas Light company, for gas
consumed in state house, and gate
lamps, during tlie month of June,

P. John, for publishing sundry pro-
clamations of the governor,

C, M. F.irn's, for 50 cords wood, at
$4.25 per cord,

Phil Thiem, tor 1,676 lbs. ice to date,
$83.80 ; a gross matches, $7,

W. J. Yates, for publishing govern-
or's proclamation of June 6, 1870,

W. H. 1 Jattle & Sons, for prolessional
services, and retainer in several
cases, in supreme court for state
treasury department,

Phil. Theim,for 4 five-shot pistols at
$10.50, $42.00; 16 packages of
cartridges $2 ; 4 boxes waterproof
caps, 80c.,

R. H. Whitaker, for publishing pro
clamation calling an election to
fill vacancy of John T. Deweese in
congress,

W. B. Ilutchings, for one mail bag,

John Armstrong, for binding and
lettering books for library and
state department,

F. Greene, for repairing steps on cap
itol,

H. P, Buncombe, waiter in capitol,
salary for moath of July, 1870,

Alex. Turner, waiter in capitol, sala-
ry for month of July, 1870,

New Berne Daily 2i7nes, for pub-
lishing governor's proclamation
calling for troops.

New Berne Daily Time^, for publish-
ing governor's proclamation call-
ing an election to fill the vacancy
of David Heaton, deceased,

1870-71. — Auditor's Statemestt.

665

IS 70.
July.

Auir.

W. A. Smith & Co., for publishing
sundry proclamations of the gov-
ernor,
F. H. Busbee, under an " act con-
cerning the powers and duties of
state otRcers,
Seth jS'owell, for hauling 7 loads ot

laws, &c.,
W. H. Battle & Sons, for professional
services rendered in auditors de-
partment,
W. B. AUegree, for publishing gov-
. ernor's proclamation,
'jThos. Day, for making 91 boxes for

secretary ot state,
! n. Adams, state auditor salary tor
i! tl>e month of August, 1870,
ill. H. Roberts, clerk to state auditor,
\\ salary for the month ot August,
|! 1870,

jjA. J. Partin, clerk to state auditor,
1 1 salary tor the month of August,
i 1870,

iJas. II. Adams, clerk to state auditor,
■ salary tor the month of August,
i 1870,

'Solomon Bragg and others, for ser
vices rendered on capitoj square
i and in state house during this
I month,
|S. S. Ashley, superintendent of pub-
' lie instruction, salary tor the montl
' of August, 1870,
lE. S. S. Ashley, clerk to superintend-
1 ent of public instruction, salary
I • for the month ot July, 1870,
:E. S. S. Ashley, clerk to superintend-
I ent of public instruction, salary for
j the month of August, 1870,
^C. L. Harris, superintendent of pub
lie works, salary for the month of
I August, 1870,

iJ. C. L. Ilarris, clerk to superinten
I tendent of public works, salary for
1 the month of August, 1870,

115

50
1

100
15
68

200

75
75
83

Public Fond dis-
bursements.

287
200
8333

200

666

1870-'71 . — Auditor's Statement.

1870.

Public Fund dis- Au^.
bursemcnts.

C. L. Harris, for expenses while ta-
king contracts and bonds for the
building turnpike road from Ba-
kereville to Sparta,
J. J. Sawyer, for distributing laws
of 1809-70, to 21 western counties,
C. W. Horner, clerk to exec'stive,
salary for the month ot July,
1870,
Qoent. Bnsbee, for services in execu-
tive department,
J. B. Neathery. private secretary,
salary for month of August, 1870,
W, H. Sauls, messenger to execu-
tive, salary for month ot August,
1870,
Sundry persons under "an act pre-
scribing the powers and duties of
the governor with regard to fugi-
tives from justice," as follows:
S. A. Donglrss,

J. E. Prattler, j

C. L. E>tes, j

L. H. MoM'ers, 1

W. C. Parker, I

J. H. McGliee, j

■John Nichols, treasurer institution of I
deaf, dumb and bh"nd, ])art of ap-
propriation for said institution, '

C. W. Horner, treasurer insane asj'-j
' lum, part of a])propriation for saidj

instituti(jn for fiscal year, |

Albium Davis, for bringing A. Da-
vis to insane asylum,
J. M. Cloud, judge superior court,
salary for the 1st and 2d quarters,
1870,

D. A. Wicker, marshal supreme
court, fees and mileage serving
writs,

D. A. Wicker, marshal supreme
court, salary for S da_)s, at $3 per
day,

W. H. Bagley, clerk supreme court,
for copying 180 pages in the judg-

81
300

100
50

^06

125

404[40

1,000

12,000

1,250

25 i

4575 ;
24

1870-'71. — AuDiToii's Statement.

667

ment docket, at Juue term, 1809,
and January and June term, 1870,

L. P. Olds, attorney general, for at-
tendance on the supreme court,
June term, 1870,

Sam'l h\ Phillips, salary as reporter
ot supreme court, to Jan. 1-, 1871,

J. S. McClannahan, under " an act
tor the better protection of life
aud property,"

W. S. Petty, under " an act fur the
better protection of lite and pro
property,"

S. A. Douglass, under " an act for
the better protection of life and
property,"

J. B. Neathery, under "an act for the
better protection of life and pro-
perty,"

J. Q. A. iJryan, tor travelling ex
penses Irom Trap Hill Wilkes
county, to Raleigh,

C. M. Farris, keeper of arsenal, sal-
ary for year ending A ug. 81, 1870,

S. M. Parish, for examining accounts
ot'public printer,

Jo. W. Holden, tor composition on
14 pages senate journal, from page
761 to 774 (79 pages rule and
figure) 18,522 ems, at 75 cents,
$22.82 ; press work on same, 6
tokens at 75 cents. $4.50 ; press
work on 903 tokens public 1 aws
of 1869-'_70, at 75 cents. $714.75 ;
for binding 1,000 copies public
laws, 1809-70, calt binding at 30
cents each, $300 ; for printing and
and binding on public laws '69-'70,
3,500 copies ; printing and bind-
ing Register's books and dockets
for secretary of state, $2,289, 12 ;
for printing sundry reports and
binding 500 copies public laws,
1869-'70, tull sheet, at 75 cents
each, $1,094,42,

180(50

100
300

112

497:

187

Public Fund dig-
burseraents.

4,425161

668

1870-'71. — Auditor's Statemeft.

Public Fund dis-
bureemeats.

1870.
Aug.

■-imt^Ttt}

V. C. Barringer, code commissioner,
salary for the month of July,
1870,

E. J. Hale & Sons, for 1 copy
Charles Lee, $3.00 ; 1 Historical
Note 50c. ; 1 Massachusetts $3.00 ;
1 House of Lords cases, 4 vols,
and sundry other vols, as per bill,

PL D. Colef, state librarian, salary
for the month of August, 1870,

Quent Bnsbee, under several acts of
General Assembly, relating to li-
brary,

H. J. Menninger, secretary of state,
salary tor the month of AuL'ust,
1870,

F. J, Menninger, clerk to secretary
of state, Biliary for the month ot
August, 1870,

Andrew Syme, clerk to secretary ofj
state, salary for the montli ot
August, 1870,

J. J. Sawyer, clerk to secretary of
state, salary tor the month ot
August, 1870,

S. Mr r*raDii) clerk to secretary of
state, salary for the month ot
August, 1870,

C. M. Farris, keeper of capitol and
weights and measures, salary for
the month of August, 1870,

Southern Express Cvo^'^any, for
fr'ght on public laws, &c., shipped
by the secretary of state, including
sundry small packages for other
departments,

W. U . Telegraph Company, tor tele-
grams sent and received by execu-
tive and treasury department,
during this month,

Friday Jones, watchman in capitol,
salary for month of July, 1870,

Friday Jones, watchman in capitol,
salary for month of August, 1870,

1870-71. — ArDiTOR's Statement.

669

ir. P. Biineombe, waiter in eapitol,
.-iilaiv for month of August, 1S70,
jlAljx. I'urner, waiter in eapitol, sal-
ary t«r month of Augutt, 1870,!

C. M. Farriss. for 50 cords of wood,
at >>-:.25 per cord, I

K. 1*. Waitt, for making 72 .boxes
tor secretary of state. i

,iJ. II. Enniss, fur sundry articles of
stationery as per bill,

R. C. Badger, tor professional ser-
vices representing the state, before
the supreme court in haheax\
(yirpus^ case A. E. Moore, J. E.i
Byrd and others,

Asheyille Pionter^ for publishing

foyernor's proclam:ition lugarding
as. Kennedy.
S. M. Parish, for indexing private

laws 1809- 70,
J. J. Sawyer, for deliyering public

documents and laws in AVestern

counties,
Douglas Bell, for 24 tons coal, at

$14: per ton and drayage,
Sundry lawyers, under an " resolu-
tion authorizing the governor to

employ counsel in certain Ciises,''

as follows :
J. McCorklc,
N. Boy den,
W. II : Bailey,
A. W. Fisher, adjutant general, sal

ary for February, March and

April, 1870,
Basil T. Jacobs, commutation for loss

of leg,
II. Adams, state auditor, salary for

the month of Septeml)er, 1870,
jH. II. Roberts, clerk to state auditor,

salary for tlie month of Septeml)er.

1870,
A. J. Partin. clerk to state auditor,

salary f<»r the month of September
i 1870,

212

58
15

600

10
9

360
354

300
300
300

300

75
200

Public Fund dis-
bursements.

50
50

670

1 870-'71 . — A uDiToiiV Statement.

Public Fund dis-
burscmouts.

1870.
Sept.

Solomon Bragg and others, for la'oor
on capitol, square and in f^tafe
house, during ibis niontli,

Jos. Marshal, for conveying Calvin
Hunnicut to penitentiary,

C. L. Harris, superintendent public
works, salary lor month of Septem-
ber, 1870,

J. C. L. Harris, clerk to superinten
dent of public works, salary for
month of September, 1870,

S. S. Ashley, superintendent publio
instruction, salary tor m(jnth ot
September, 1870,

E. S. S. Ashley, clerk to superinten
dent public instruction, salary for
month of September, 1870,

W. W. Holden, governor of North
Carolina, salary tor -^d quarter,
1870,

J. B. Neathery, private secretary, sal-
ary for month of September, 1870,

C. W. Horner, clerk to the execu
tive, salary for month of August,
1870,

C. W. Horner, clerk to the execu-
tive, salary for month of Septem
ber, 1870,

Quent Busbce, for services rendered
in executive dedarcment,

J. M. Roan and A. L. Partintor the
arrest of James Kennedy,

John Nichols, treasurer of institu-
tion for deaf, dumb and blind,
part of appropriation for said in-
stitution,

James, M, Rowland, for conveying
I. G. Hendricks to insane asylum,

J. Smith, tor conveying Sarah
Matheson to insane asylum,

W. H. Bagley, clerk supreme court,
for services at chambers in the trial
of the Caswell cases, from August
18th to 29th,

1870-'71. — AuDiTOR^s Statement.

671

L. P. Olds, attorney geaeral, salary
for the month of August, 1870,

W. R. Cox, solicitor, 2 certiiiwates,

Y. S. Lusk, solicitor, 1 certificate,

J, A. Richardson, solicitor, 2 certifi-
cates,

D. A. Wicker and others, for ser-
vices ou the supreme court at
chambers in Caswell cases, inclu-
ding summons,

D. A. Wicker and others, for ser-
ser vices on the supreme court at
chambers, in Alamance cases, &c.,

W. H, Bagley, clerk supreme court,
for services as clerk at chambers,
including fees, &c.,

S. W. Watts, judge superior court,
salary for 3d quarter, 1870,

C. C. Pool, judge superior court, sal-
ary for 3d quarter, 1870,

C. R. Thomas, judge superior court,
salary for 3d quarter, 1870,

A. W. Tourgee, judge superior court,
salary for 3d quarter, 1870,

R. P. I)ick, judge supreme court,
salary for 3d quarter, 1870,

Thos. Settle, judge supreme court,
salary for 3d quarter 1870,

J. S. Montgomery, under " an act to

establish tlie Marion, and Asheville

turnpike,"

C. L. Harris, for travelling expenses
on account of said road,

J. A. Martling, under an " act to se
cure the better protection of life
and property,"

Alfred Dockery, chairman peniten
tiary commissioners, part of appro-
priation for erection of penitentiary

Jo. W. Ilolden, state printer, for
work done for executive depart
raent,

Jo. W. Ilolden, state printer, for
work done for 6uj)erintendent pub
lie instruction department.

125

80
40

120

102
625
625
625
625
626
625

1,539
14

144

14,000

277

Public Fund dis-
bursements

672

1870-'71. — Auditor's Statement.

Public Fund (lis-
bursemente.

1870.
Sept.

Jo. W. Holden, state printer, for
work done for adjutant general's
dopartment,

Jo. W. Holden, state printer, for
sundry pnnting for various de-
partment"*,

Jo. W. Holden, state printer, for
bindinj; 635 volumes senate jour-
nal, l&T.9-'70,

Jo. W. Holden, state printer, bind-
ing 500 volumes private la-w*.
1869-'70, at 60 cents, $300; bind-
ing 400 public documents, 1869-
'70, at 80 cents, $320,

V. C. Barringer, code commissi(»r.er.
salary for montli of August 1870.

A. W. Tourgee, code commissioner,
salary lor tlie montlis of August
and September, 1870,

H. J. Menninger, secretary <jf state,
salary for the month of Sept. 1870,

F. J. Menninger, clerk to secretary
of state, salary for the month of
September, 1870,

Andrew Sj'me, clerk to secretary of
state, salary for the nionth of Sep-
tember, 1870,

S. M. Parish, clerk to secretary of
state, salary for month of Septem-
ber, 1870,

J. J. Sawyer, clerk to secretary of
state, salary for montn of Se|)t€m-
ber, 1870, less 6 days,

II. D. Coley, state librarian, salary
for the month of Sept., 1870,

Sundry sheriffs for settling taxes, as
follows :

R. R. McCall, sheriff, Caldwell c'ty,

R. M. White, sheriff Mecklenburg
county,

B. Wallace, sherifi Duplin c'nty,
Jos. Marshall, sheriff Stanly "
E. Murrell, sheriff Onslow "
A. F. Hurley, sheriff' Cabarrus "
Abner Aydlett, sheriff' Camden "

-AuDiTOR'g Statement.

673

J. M. Johnson, tax coll'r. Davie "
P. C. Riley, sh'tf Mont2:oniery "

A. S. C. Powell, sheriff Sampson '•
John Patterson, tax col. Craven "

B. F. Wasson, sheriff' Iredell "
W. H. Mays, sheriff' Alexander "

;J. II. Duncan, tax col. McDowell "
J. J. Hastv, sheriff* Union "

R. C. Perkins, sheriff Brtrke
G. W, Mclvee, sheriff' Gaston **
W. J. Taylor, sheriiF Greene "
J. L. Sniathers, tax col. Haywood "
R. M. Staft'ord, sheriff Guilford "
J. H. Lanning, sh'ff'Transylvania "
J, M. Roane, sheriff' Macon county,
T. N. Jordan, tax collector Caswell

county,
T. J. Patterson, fur making congrcS'

sional election returns,
J. J. Hasty, for making congressional

election returns,
iC. M. Farris, keeper of capitol, and
il weights and measui-es, salary for
" September, 1870,
D. A Jenkfilf!, pnon'c ..C:^^"''er, sala-

Yy fof ad ([iifirter, 1870, ]]

D; W-. Ikni, cliiet clerk to publiel

t»-»eflslii-er, swlary for Hd quarter,!

;\ ^^^^h " \\

k^ Ik 'J'C\\\<h\^ teller to puhlic treas- i
1 nrer. isala'AV- for 3d cnuirter, 1&70,II'
L M. Hoff'mAii, h(>ok keeper pnblk'^
treasurer, salary tor ..3d quarter,

W. U. Telegraph Company, for tele-
grams sent and received by execu-
tive and state departments, during
this month,

Southern Exi)ress Compiiny, for
packages shipix'd by secretary ol
state, this mnitli,

K. B. Wait, for 'M'} boxes for the sec-
retary of state, at $1.1",

A. Hirglmiiller, tor repairing 1 pivot
chair.

QA Public Fund dis-

^ bursuinents.

308(»
186U
22
32
35
47

40 2(1'
43 2n
40
15
(U
20]
62
104

720
52(>

79 16

750

375

250

187 50
6718

15S

05
60
5<'

674

lS70-'7 1 . — Auditor's Statemeint.

Public Fund
■♦•ursements.

dis-

1870.
Sept.

Robert Wyche, for hauling 2 loads

boxes, $ 1

S. D. Harrison, for 2 gross matclies, 7

Eagle newspaper, for piiblisliing
governor's proclamation of June
6th, 1870,

Friday Jones, watchman in capitol,
salary for month ol September,
1870,

Alex. Turner, waiter in capitol, salary
tor month of September, 1870,

II. P. Buncombe, waiter in capitol,
salary for tlie month of Septem
ber, 1870,

A. W. Fraps, lor ice for. use of capi-
tol, as per bills,

S Kline «&; Co., for half dozen gob-
lets, for executive department,

W. R. Dicks, for labeling and let-
tering 87 books for state library,

Alex. Jones, for hauling 16 loads at
25 cents,

J. A. Jones, for 1 cop^'ing book
and 3 erasers,

J. E. Boyd, under a " resolution au-
thorizing the governor to employ
counsel in certain cases,"

W. S. Ball, under a " resolution au-
thorizing the governor to employ
counsel m certain cases,"

Raleigh Gas Company, for gas con-
sumed in state house, and gate
lamps, to September 1st, 1870,

W. H. Bagley, clerk supreme court,

under a resolution authorizing the .

governor to employ counsel, 20|55

A, Jonee, for sundry books for Li-
brary, 31
W. Johnson, for survey of sewer
age of capitol square. 35j

45
30

3<i

46l

f i

485 {

4 \

\
3[50 j

250 \

10<.)j i

I I

i^iteo j

187(.)-'71. — Auditor's Statement. «75

STATEMENT E, SlaUnunt E.

Shmmng the Gross Tax for the year 1809, derhed froin
Hue neGernH. auhjects of Taxation in the Counties of tfw.
State:, the retxi/rns of which are on file in this department.

]ij,yrE.— The Sheriffs of the Counties of Bladen, Buncombe, Craven, Davie,
Hurnett, Jac-k^oa and Pitt failed to make statements within Uie fiscal year,
anrl the. statements of those Counties are omitted.

(6T()

1S70-'71. — Auditor's Statement.

Statement E.

18H9.

No. 1.— ALAMANCE COUNTY.

A. Murray, Sheriff,

State Taxes:

Polls, 1,589.90 ; Land, 3,383.97,

% 4,973^7

Town Lots, 134.78 ; Horses, 427.79,

562159

Mules, 128.58; Cattle, 160.98,

289

Hogs, 73.15 ; Sheep, 20.56,

Farming Utensils,

Money on hand or on deposit.

Solvent credits.

612

Stock in incorporated companies.
Other personal property,

333

Net incomes and protits,

128

Circus or menagerie 40; Side shows 10,

Retail liquor dealers.

Merchants and other dealers.

211

Hotels and boarding houses,

Studs and jacks.

Licensed retailers,

105

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to registration.

Tax on N. C. Railroad Company,

Special Taxes:

Williamston & Tarboro' R. R. Co.,

543

Western N. C. Railroad Company,

2,852

Wil. Char. & Rutherford R. R. Co.,

2,037

Northwestern N. C. R. R. Company,

814

Western Railroad Company,
Marion and Asheville Turnpike Co..

Gross amount,

611

% 14,710

County Taxes :

All county purposes,

$ 6,533

1 870-71. — Auditor's Statement.

677

186v).

No. 2.— ALEXANDER COUNTY.
R. Wa'its, Tax Collector.
State Taxes:

Polls, 769.04; land, 1,340.38,

1 1,410

Town lots, 39.08 ; horses, 202,04,

241

Mules, 110.05 ; cattle, 109.09,

219

Hogs, 35.17 ; sheep, 14.61,

Farming utensils,

Money on hand or on de}X)sit,

J
1

Solvent credits.

104

i
'i

Other personal property,

170

Retail liquor dealers, ■

Wholesale liquor dealers.

On liquors distilled tVoui fruit.

Merchants and other dealers,

100

Hotels and lx>arding houses.

Studs and jacks.

Licensed retailers,

Marriage license,

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

1
i

Arrears for insolvents.

Other tax added,

Special Taxes :

Williainston & Tarboro' R. R. Co.,

217

jWestern North Carolina R. R. Co.,

1,144

'Wilmington, Charlotte vt Ruth.

R. R. Company,

817

:North\vestern N. C. R. R. Co.,

326

Western R. R. Company,

245

1 Marion tfe Ashville Turnpike

Company,

Gross amount.

$ 6,180

County Taxes :

All county purposes,

$ 4,963

statement E.

«78

1870-'71. — AuDnx)R'9 Stat?:ment.

SUitemeut E.

1870.

No. 3.— ALLEGHANY COUNTY.

J. C. Jones, Sheriff.

State Taxes:

PoIIr,

% 357

*^P

Land,

904

Town lots,

Horses,

203

53^

Mules, 9.15 ; Cattle, 1.38.94

148

09*

Hogs, 23.2(> ; Sheep, 23.49,

75»

B'arming' utensils,

Money on hand or on deposit, ^

09»

Solvent credits.

101

Other personal property.

201

Merchants and other dealers,

Studs and Jacks,

Itinerant lightning rod men.

Marriage license,

Deeds in trust and mortgage deeds,

'■■

Deeds of real estate, and others admit-

ted to registration.

Delinquents, for 1868,

Special Taxef< :

Williamston & Tarboro' R. R. Co.,

141

51*

"Western North Carolina K. R. Co.,

743

3<>

Wil. Char, ct Ruthertord R. R. Co.,

530

North Western N. C. R. R. Co.,

212

39'

Western Rail Road Conjpany,

159

21^'

Marion & Asheville Turnpike Co.,
Gross amount,

24-

% 3,765

8;-5

County Taxes :

;

All county purposes,

$1,723

1 870-' 71 . — A rnrroK's Statejikxt,

67l>

isuy.

X(.. 4._AXS0X COUNTY.

G. ^V. ^\''iLLorGiir,Yj Sheriff,

St(/fe Tdxesi ;

* Poll.S 0S5.«).>; ];iik1. 2,315.29,

I Town lots, 1I3.8(); horses, 250.84,'

1 Mules, 2o8.81 ; cattle, 109.5],

j ^I";U^S 75.8u ; sheep, 14.38,

; Farming rteiisils,

' Muucy on hand or on deposit,

Solvent credits,

()ther personal pro])ertv,

Xet inconiesand protiii,

Circus or menagerie,

Retail liquor dealers,

Mei-chan's and otlier dealers,

llurse and mule drjvers,
ji Licensed i-etailers,

Mari-iage license.

Deeds in trust and mortgage deeds.
; Deeds admitted to registi-adon,
i

I Special Taxes :

Williamson and Tarboro' R. R. Co
Western North Cai-olina II. R. Co., '
Wd. Char, and Rutherford R. R Co
Nnrtlr.venern X. C. Railroad Co., '
vVestern Railroad Ci)mpany,
Marion and .Vsheville Turnpike Co.,

Tross amount.

Coiintij Taxes:
All county purpo^;es,

6 3,301 24

372

458

118

244

3G6

536

120

325

211

102
31
89

70
32
1^24
49
58
61
04
70

75
95
60
IB
35

438

2,301

1,644

493

12,173

61
21

statement E.

$ 12,676:28

680

1870-'71. — xVuditor's Statement.

Statemeut E.

1869.

Iso. 5.— ASIIE COUjS^TY.

"Vy. Latham, slieriff.

State Taxes :

Polls, 969.15 ; Land, 1,719.64,

Town lots, 66.92 ; Horses 356.19,

Mules, 23.13; cattle 295.20; hogs, 46.76,

Sheep, 49.89 ; Farming utensils, 18.29,

Money on hand or on deposit.

Solvent credits.

Merchants and other dealers,

Studs and Jacks,

Licensed retailers,

Feddlars,

Marriage license.

Delinquents for 1868,

Arrears for insolvents,

Special Taxes :

Williamston & Tarboro' E. K. Co.,
"Western North Carolina Railroad Co.,
Wil., Char. & Ruth. Railroad Co.,
Northwestern N. C. Railroad Co.,
Western Railroad Compan}-,
Marion & Asheville Turnpike Co.,

Gross amount.

County Taxes :
All county purposes,

2,688

423

362

179

47
40

277

1,458

1,041

416

312

7,576

79
11
09
47
89
51
93

63
11
51

60
45

^ 11,269

1870-*71. — Auditoe's Statement.

Xo. 6.— BEAUFORT COUNTY.

S. T. Carrow, Sheriff.

State Taxes.

Polls, 1,809.15 ; Land, 2,195.41,

Town lots, 638.22 ; Horses, 215.50,

Mules, 113.17; cattle 164.66; hogs,93,22,

Sheep, 19.98 ; Fanring utensils, 91.54,

Money on hand or on deposit,

Solvent credits, '

Stock in incorporated companies,

Other personal property,

Xet incomes and profits,

Retail liquor dealers,

Wliolesale licpior dealers.

Tobacco manufacturers.

Merchants and other dealers,

Hotels and boarding houses,

Gates across highwaj^s.

Money exchange or broker.

Studs and jacks,

Conimissi<3n merchants.

Keepers of horses or vehicles for hire.

Licensed retailers,

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

Special Taxes.

,Williamston & Tarboro' R. R. comp'y,
I Western North Carolina R. R. comp'y,
Wil., Char, k, Rutherford R. R. comp'y
Northwestern N. C. R. R. company,
Western Raih'oad company,
Marion iV: Ashevillc Turnpike comp'y

Gross amount,

County Taxes:
All county purposes.

4,004

843

3,710

111

131

341

852

277

135

787

317

190

143

statement Ej

72
05
52
20
65
75
65
50
50
96

50
60
41

60
70

502

2,67a

1,911

764

573

82
57
83
72
55
47

% 3 5,523 38

% 16,425

682

1 8 70-' 71 . — Attditor's Statem ent.

Statement E

1869.

No. 7.— BERTIE COUNTY.
E. R. Outlaw, SherifF,
State Taxes:

Polls, 1,456.35 ; Land, 3,316.05,

S 4,772

Town Lots, 211.59 , Horses, 371.36,

5S2'0(»

Mules, 230,46 ; Cattle, 203,57,

434

Hogs, 160.57; Sheep, 15.55,

176

Farming Utensils,

196

Money on hand or on deposit.

201

Solvent credits,

602

Stock in Incorporated Companies,

Other personal property.

Net incomes and profits.

159

Collateral descents, demises, &c..

Circus, or menagerie,

120

Retail liquor dealers.

Merchants and other dealers,

. 209

Money exchange, &c..

Horse or Mule drovers,

Licensed retailers.

131

Marriage license.

109

Deeds in trust and mortgage deeds.

Deeds admitted to registration.

Special Taxes :

Williamston & Tarboro' R. R. Co.,

537

Western N. C. Raih'oad Company,

2,820

VVil., Char. & Rutherford R. R. Co.,

2,014

Nortliwestern N. C. K. R. Co.,

805 93

Western Railroad Co.,

604

Marion and Asheville Turnpike Co.,
Gross amount.

§ 14,924

County Taxes :

All county purposes.

1870-'71. — Auditor's Statement.

6S3

18(59. i

No. 8.— BRUNSWICK COUNTY.

S. P. Swain, Sheriff.
State Taxes :

Polls,

$ 1,199

Land,

1,842

Town lots,

475

Horses,

Mules,

Cattle,

248 42

Hogs,

70 64

Sheep,

Farming utensils.

131

Money on hand or on deposit.

Solvent credits.

118

Other personal property,

Retail liquor dealers.

185

Merchants and other dealers.

212

Licensed retailers,

175

Marriage license,

Deeds in trust and mortgage deeds.

Deeds admitted to registration.

Special Taxes :

Williamston & Tarhoro' R. Pt. Co.,

308

Western N. C. Railroad Company,

l,617l71

Wil, Char. & Pwutherford P. P. Co.,

1,155

Northwestern N. C. P. P. Company,

462

Western Pailroad Company,

346

Marion and Asheville Turnpike Co.,
Gross Amount,

$ 8,949

County Taxes:

All county purposes.

\% 14,124

statement K

684

1S70-'71. — Auditor's Statemei^t.

statement E.

isey.

Ko. 9.— BUEKE COUNTY.

J. J. Pattersojt, Sheriff.

State Taxes :

Polls,

% 950

Land,

2,092

Town lots,

296

Horses,

152

Mules,

157

Cattle,

113

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits, 1

442

Other personal property,

181

95^

Net incomes and profits.

Collateral discents, demises, &c.,

Circus, or menagerie,

Retail liquor dealers.

Merchants and other dealers.

206

Studs and jacks,

Keepers of horses and vehicles for hire,

Itinerant dentists, &c..

175

Marriage license.

141

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

Delinc[uents for 1868,

Sj>ecial Taxes :

Williaraston & Tarboro' R. R. Co.,

337

Western North Carolina R. R. Co.,

1,771

88.

Wil. Char. & Ruth. R. R. Co.,

1,265

North Western N. C. R. R. Co.,

506

Western R. R. Co.,

379

Marion & Asheville Turnpike Co.,

1
1

Gross amount, \

% 9,693

County Taxes:

All county purposes,

S 4,049

1870-71. — Auditors Statement.

685

i86y.

Xu. LO.— CABARRUS COrNTY.

A. F. IIuKLEY, Sheriff.

State Taxes :

Polls,

Land,

Town lots.

Horses,

Mules,

Cattle,

Hogs, 112.13; Sheep, 1C..K3 ;

Farming utensils,

Money on hand or on deposit,

Solvent credits.

Other personal property,

iXet incomes and prolits,

Collateral descents, demises, &e..

Travelling theatrical companies

Concerts and musical entertainments,

Circus, or menagerie.

Billiard saloons,

jMerchants and other dealers,

;Studs and jacks,

Horse or mule drovers,

iLicensed retailers.

Marriage license.

Deeds admitted to registration,

S2)ecial Taxen :

Williamston and TarV)oro' R. R. Co.,
Western Xorth Carolina R. E. Co.,
Wil., Char. c<c Ruthertord R. R. Co.,
Northwestern X. C. R. R. Company,
jWestern Raih'oad Company.
'Marion and Af^heville Turnpike Co.,

Gross amount,

County Taxes :
All county ]ip.rposes.

Statement E.

1,726

4,306

118

121

256

159

128

295

1,311

703

276

261

117

116

20
17
52
31
95
25
89
12
19
35
68
52
10

80
29

772113
4,055|26
2,896 62

1,158

868
115

65
99

% 20,778

% 28,527;96

686

ISTO-'Tl.— Ai-

uTor.

>ta-i-i;mi-;nt.

Statement E.

1869.

Xo. 11.— CALDWELL COrXTY.

11. 11. McCall, Sheriii".

State 2\ixes :

Polls,

Land,

Town lots.

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Fanning utensils,

Mone}' on band or on deposit,

Solvent credits.

Other personal property-,

Merchants and other dealers,

Gas Companies,

Broker or banker,

Playing Cards,

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to regis'ti-ation.

Special Taxes:

Williamston and Tarboio' R. R. Co.,
Western JN". C. Railroad Company,
Wil. Char and Rutherford R. R. Co.,
Northwestern N. C. R. R. Company
Western Railroad Company,
Marion and Asheville Turnpike Co.,

Gross Amount,

County Taxes
All county purposes.

802

2,304

1T8

119

138

279

128

319
1,674
1,196

478

358

20
65
06
90
92
38
82
23
35
71
39
05
94

$ 8,478

% 3,581

03
94
38
55
91
85

1 S TO-' 7 1 . — Auditor ' s St atemext.

68T

1869.

Xo. 12.— CAMDEN COUXTY.
AiJXEK Aydleti-, Sheriff.

Polls,

$ 639 45

Land,

846

Town Lots,

Horses,

122

Mules,

Cattle,

Hogs,

44 31

Sheep,

Fanning Utensils,

Money on hand or on deposit,
Solvent credits.

203

52
81

Other personal property.
Circus, or Menagerie,

7
80

Retail liquor dealers,

Merchants and other dealers.

207

Hotels and boarding houses,

Public ferries, toll gates and toll

bridges.

Studs and jacks,

Licensed retailers,

121 04

Marriage license,

67 45

Deeds in trust and mortgage Deeds,

14 25

■

Deeds admitted to registration,

Special Toupees :

Williamston k, Taroboro' R. Tl. Co.,

131

Western North Carolina Rail Road

■

Company,
Wilmington Charlotte k, Rutherford

689

Rail Road Company,

492

7f{

Northwestern North Carolina Rail

(

Road Company,
Western Rail Road Company,

197
147

Marion and Ashcville Turnpike Co.,
Gross Amount,

19 71

% 4,29516

County Taxes:

iAll county purposes,

% 3,475

Statement K.

ISTO-'Tl.— Auditor's Statement.

statement E.

1869.

Xo. lo.- CARTERET COUNTY.

J. D. Davis, Sherilf.

State T(u-€8.

Polls,

;J; 820

Land,

984

Town lots.

491

4(f

Horses,

1 99

48-

Mules,

Cattle,

Hogs, 29.81 ; Sheep, 7.59,
Fanning utensils.

37
35

Money on hand or on dept)sit.
Solvent credits,

161

40
1^

Other personal propei-ty.
Retail liqnor dealers,

82
151

Wholesale licpior dealers,

Merchants and other dealers,

405

Hotels and boarding houses.

ioij

Licensed retailers.

135 75

Marriage license,

li6

Deeds in trust and morlgage deeds.

Deeds admitted to registration.

2175

Franchise on Atlantic k N. C. R. R.

company.

Special Taxes:

Williamston & Tarhoro' R. R. Co.,

223

Western North Carolina R. R. Co.,

1,175

Wilmington, Charlotte vfe Rutherfoi'd

Railroad coinpan}'.

839

North Western North Carolina Rail-

road company,
Western Railroad company,

335
251

Marion it Asheville Turnpike com-

pany,

Gross amount.

;8 6,745

County Taxes:

All county purposes,

% 3,097

ISTO-'Tl. — Auditor's Statement.

6K^

Ko. 14.— CASWELL COUNTY.

J. C. Gkiffith, Sheriff.
State Ta^es :

Polls,
JLand,

Town lots,

Horses,

MnleSj

! Cattle,

1 1 Hogs,

liSheep,

iJFHrniiiig utensils,

(IMoney on hand or on deposit,

'^Solvent credits,

Other personal property,

Net incomes and profits,

Merchants and other dealers,

Studs and Jacks,

Licensed retailers,
, Marriage license,
llDeeds admitted to registration.

Subjects unlisted,

Special Taxes :

Williamst(;n and Tarboro' R. 11. Co.,
Western N. C. Ilailroad Company,
Wil. Char, and llutherford R. R. Co.,
Northwestern N. C. Railroad Co.,
Western Railroad Company,
Marion and Aslievillc Turnpike Co.,

Grosa amount,

Count ij Taxes:
All county ])urpo6es.

Statement E.

% 1,411 20

l.SOOiST

'25S|5S

320J25

182 74

135i34

99] 67

14|l8

110 94

22995

726101

397 68

50^
33

12
296

30|
13125
181145

46
175

80-

510 41

2.<;79 74

1,914()9

765 1 63

574121

76 55

1$ 13,09 1,0(»

$ 20,986 03

'690

1870-

- Auditor's Statement.

'Stateua'iit E.

1809.

Ko. 15.— CATAWBA COUNTY.
Jonas Ci-ine, Sheriff.

State Taxes :

Polls, 1,078.35 ; Land, 3,654.79,

$ 4,733

Town Lots,

157

Horses 405.36 ; Mules, 205.92,

61li28

Cattle, 161.85 ; Hogs, 74.01,

235

Sheep,

Farming Utensils,

Money on hand or on deposit.

135

Solvent credits,

465

Stock in incorporated companies,

Otlier personal property.

177

Net incomes and profits,

Merchants and other dealers.

320

Hotels and boarding houses.

Studs and jacks,

Intinerant dentists, tfec,

Marriage license,

139

Deeds in trust and mortgage deeds,

Deeds admitted to registration.

Delinquents, lor 1868,

Arrears lor insolvents,

Special Taxes :

Williamston and Tarboro" R. E. Com-

pany,

526

Western North Carolina Rail Road

Company,

2,764

Wilmington, Charlotte & Rutherford

Rail Road Company,

1.974|89

Northwestern N. C. R. R. Company,

789

Westei-n Rail Road Company,

592

Marion and Asheville Turnpike Com-

pany,

Gross amount,

% 13,976

County Taxes :

All county purposes.

% 5,883

1870-'71. — Auditor's Statement.

(JOl

1809.

jS^o. 16.— CHATHAM COUNTY.

G. J. Williams, Sherift".

State Taxes:

Polls,

$ 2,(147

jLand,

5,227

Town lots,

181

Horses,

606

22.

'Mules

392

2(>

Cattle,

325

Hogs, 137.<W'; ; Sheep, 48.66,

186

32:

1 Fanning utensils.

111

86.

Money on hand or on deposit,

107

Solvent credits.

421

Stock in incorporated c()nipanies,

Other personal property,

651

( l().

Net incomes and profits.

lietail liiinor dealers.

Merchants and other dealers,

207

Hotels and boarding houses.

(.Tates across highways.

Studs and jacks.

Licensed retailers.

140

Itinei-ant dentist, Arc,

Marriage license,

181

Deeds in trust and Mortgage deeds,

An-ears fbi- insolvents, !

1
1

Special Taxes :

Willianiston and Tarhoro' R. R. Co.,

792

We.-tern ]S'. C. Railroad Coni])any,

4.161 il2

Wil. Char, and Rutherford It. iC Co.,

2,972124

Northwestern N. C. R. R. Company.

1,188;'K9.

Western Railroad Company, I

89168

Marion and Asheville Turiipike Co.,
Gross Amount,

118j88

§ 21,045

Count ij Ta,jjts :

All county purposes,

S 9,922

Statcmeut E.

^692

1870-71. — Auditor's Statement.

:Stateraent E.

1860.

jS^o. 17.— CHEROKEE COUIS'TY.

C. C. Yest, Sheriff.

State Taxes:

Polls,

% 753

Land,

1,723

Town lots.

Horses,

150

Mules, 60.91; Cattle, 201.95,

262

Hogs, 65.03; Sheep, 29.43,

Farmhig utensils,

Money on hand or on deposit.

Solv-ent credits,

Stock in incorporated companies.

Otlier person property,

Circus, or menagerie,

Itinerant companies.

Retail liquor dealers,

Merchants and other dealers,

Money exchange, or broker.

Itinerant dentists, etc.,

Marriage license.

Deeds admitted to registration,

Special Taxes :

Williamston & Tarboro' Railroad com-

pany,

227|89

Western ISTorth Carolina Railroad com-

pany,

1,196 42

Wilmington, Charlotte <fe Rutherford

Railr3ad company.

854 58

North Western North Carolina Rail-

road company.

341

Western Railroad company.

256

Marion & Asheville Turnpike com-

pany,

Gross amount.

$ 6,394

County Taxes:

All county purposes,

1 9,770

1870-'T1. — Auditor's Statemext.

695

No. IS.-CIIOWAX COUNTY.

M. C. BraxKLEY, Sheriff.

State Taxes:

Polls,

Land,

Town lots,

Horses,

Mules, 55.44; Cattle, 36.01,

Hogfe^ 46.76 ; Sheep, 1.61,

Farming utensils,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Net incomes and profits,

Circus, or menagerie.

Retail liquor dealers.

Merchants and other dealers,

Insurance companies.

Marriage license,

Deeds in trust and mortgage deeds,

[Deeds admitted to registration,

I Subjects unlisted,

Arrears tor insolvents,

Sjyecial Taxes :

Williamston & Tarboro' E. R. Co.,
■Western N. C. Railroad Company,
jWil. Char. 6z Rutherford R. R. Co.,
Northwestern N. C. R. R. Company,
j Western Raih-oad Company,
[Marion and Asheville Turnpike Co.,

Gross amount.

statement E.

Count 1/ Taxes:
All county purposes,

791

838

428

101

240

312

622

173

913
652

70
94
38
64
45
37
65
65
32
41
75

59
41
56
65
15
19
71

97
36
40

26096

195172

26111

$ 6,239 79

$ 6,395

694

1870-71 — Auditor's Statement.

1809.

Stattiiicut E.

No. 19.— CLAY COUNTY.

John Pattickson, Sheriff.

State Taxes :

Polls,
Land,
Town lots,
Horses,

Mnles,

Cattle,

Hogs,

Sheep,

Farming utensils,

Mone_y on hand or on deposit,

Solvent ci-edits.

Oilier personal propei-ty.

Circus or menagerie,

Merchants and other dealers.

Hotels and boarding houses.

Studs and jacks,

Marriage license,

Deeds adniitted to registration,

Sjject'al Taxes :

Williamson and Tarljoro' Railroad
Com])any,

Western North Carolina Railroad
Company,

Wilmington, Charlotte and Ruther-
ford Railroad Comj-iany,

Northwestern North Carolina Railroad
Company,

Western Railroad Company,

Marion and xisheville Turnpike Com-
pany.

bross amount, !S
County Taxes :

All county purposes,

1 S 70-' 7 1 . — Aui)iT( )r''s Statem ekt.

695

No. 20.— CLEAVEL.'^.ND COCXTY,
G. W. Webb, Tux Collector.

Skite TuActs :

•Polls,
Land,

{Town Lot^,
IIorKes,
'Mules,
i Cattle,

Hogs,

Sheep,

Fanning utensils,
I Money on liand or on dejx)sit,
j "Solvent credits,
'Other pirsonal property,
i Merchants and other dealers,
;! Money exchanj^e, or broker,
iiStuds and jacks,

Itinerant Dentists, (fee,

Marriage license.

Deeds in trust and mortga o deeds,

Deedii admitted to registn.aon,

'Willianiston and Tarboro' Eail Iload

. Company,

We*5tern North Carolina Eail Koad
Company,

Wilmington Charl(»tt<.' and RnTheriijrd
Kail Koad Company,

Northwestern North Carolina Rail
Road Com pa n}'.

Western Rail Road Company,

Marion and Asheville Turnpike Com-
pany.

Grose Am omit,

Countij Taxes:

I All couity pur])oses,
42

■% 1,125

2,531

252

349

257

201

S<d

445

404

226

463

2,433

1,73S

695

521

$ 12,129

% 5,6:M

statement E.

696

1870-71. — Auditor's Statemeitt.

statement E.

1869.

No. 21.— COLUMBUS COUNTY.
V. Y. Richardson, Sheriff.
State Taxes :

Polls,

$ 1,318

Land,

1,095

Town lots,

Horses, 117.18 ; Mules, 92.57 ;

209

Cattle, 214.29 ; Hogs, 79.01 ;

293

Sheep,

Farming utensils.

Money on hand or on deposit.

Solvent credits,

215

Stock in incorporated companies,

Other personal property,

362

Net incomes and profits,

Circus, or menagerie,

Side Shows,

Retail liquor dealers.

263

Tobacco Manufacturers,

995

Hotels and boarding houses.

Merchants and other dealers,

Horse or mule drovers,

Itinerant dentists,

Marriage license.

Deeds admitted to registration.

Arrears for insolvents.

Wilmington and Manchester R. R. Co.,

Special Taxes :

Williamston & Tarboro' R. R. Co.,

272:83

Western North Carolina R. R. Co.,

1,432

Wil. Char. & Rutherford R. R. Co.,

1,023

Northwestern N. C. R. R. Company,

409

2§

Western Rail Road Company,

306

Marion & Asheville Turnpike Co.,
Gross amount,

$ 8,797

County Taxes :

•

All county purposes,

$ 5,331

1870-71. — Auditor's Statemeft.

697

Xo. 22.— CUMBERLAND CO'TY.

John Reiley, Sherifl*.

State Taxes:

Polls,

Land,

Town lots, 1,943.43 ; Horses, 222.17,

Mules, 189.96; cattle, 167.25; hogs, 75.86

Farming utensils, 170.04; sheep, 19.33,

Money on hand or on deposit.

Solvent credits.

Stock in incorporated companies,

Other personal property,

Net incomes and profits,

Circus, &c., 80.00; Bill'rd saloons, 16.60

Retail liquor dealers.

Wholesale liquor dealers,

Distillers from grain, <fec..

Merchants and other dealers,

Hotels and boarding houses,

Gas Companies,

Public Ferries, toll gates and bridges,

Money exchange, or broker,

Horse or mule drovers,

Commis'n merc'ts, 111.60; Auct'rs, 6.30

Keepers of horses or vehicles for hire,

Licensed retailers of licpiors,

Sellers by sample,

Insur'ce Co.'s, 137.10; peddlers, 113.40,

Marriage license,

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

Special Taxes :

iWilliamston & Tarboro' R. R. Co.,
I Western jNorth Carolina R. R. Co.,
IWil., Char. & Rutherford R. R. Co.,
iNorthwestern N. C. R. R. company,

Western Railroad company.

Marion & Asheville Turnpike Co.,

j Gross amount,

$ 1,357 65

statement E.

2,319

2,165

433

189

203

733

1,247

148

541

577

120

1,206

98
170
200

37
117

22
552

87
250
241

29
126

621

3,786
2,704
1,081

75
60
07
37
11
01
30
37
65
60

97
84
41

07
90
21
81
50
50
30
45
12

23
44

81138

10818

% 22,50l!4S

698

1870-'71. — Auditor's Statement.

Statement E.

1869.

No. 23.— CURRITUCK COUNTY.
T. F. Baxter, Sheriff.
State Taxes:

Polls, 881.96 ; Land, 1,149.75 ;

$ 2,031

Horses, 176.60 ; Mules, 28.07,

204

Cattle, 102.13 ; Ilogs, 51.66,

153

Sheep, 12.22 ; Farming utensils, 24.54,

Money on hand or on deposit,

Solvent credits,

281

Stock in incorporated companies,
Other personal property.
Retail liquor dealers.

8»36

199

Merchants and other dealers.

220

Studs and jacks.

Licensed retailers,

341|25

Marriage license, j

Deeds in trust and Mortgage deeds,

Deeds of real estate,

36|S5

Special Taxes:

Williamston & Tarboro' R. R. Co.,

193

Western North Carolina R. R. Co.,

1,018131

Wil., Char. & Rutherford Railroad Co.,

727

Northwestern North Carolina R. R.Co.,

290

Western Railroad Compan}',

218

Marion & Asheville Turnpike Co.,
Gross amount,

% 6,238

County Taxes:

All county purposes,

$ 2,766

1870-'71. — Auditor's Statement.

«99

18(39.

]S\>. 34.— DAVIDSON COUNTY.

J. A. SowEKS, SheriiF.

State Taxes:

Polls, 2,207.10; Land, 4,595.10,

Town lots, 351.23 ; Horses, 562.85,

Mules, 184.93 ; Cattle, 215.71,

Hogs, 115.39; Sheep, 42.94,

Farming utensils.

Money on hand or on deposit.

Solvent credits.

Stock in incorporated companies,

Other personal property,

Concerts and musical entertainments,

Circus or menagerie,

Retail liquor dealers.

Distillers from grain, &c..

Merchants and other dealers.

Hotels and boarding houses,

Studs and jacks,

Horse or mule drovers,

Licensed retailers.

Marriage license,

Deeds in trust and mortgage deeds.

Deeds of real estate,

Specicl Trxes :

"Williamston & Tarboro' R. R. Co.,
Western North Carolina R. R. Co.,
Wil Char. ^ Rutherford R. R. Co.,
Northwestern N. C. R. R. Co.,
Western Railroad Co.,
Marion & Asheville Turnpike Co.,

Gross Amount,

County Taxes:
All county purposes.

statement £.

6,812

914

400

158

163

729

265

342

233

211

704

3,699

2,642

1,056

792

105

08
64
33
63
83
12
89
89

50
54

62
24
31
93
64
70

$ 19,521

$ 8,727179

700

1870-'71. — Atjditor's Statement.

l»t)y.

Statement IL

No. 25.— DUPLIN COUNTY.

Bland Wallace, Sheriff.

State Taxes :

Polls, 1,573.95 ; Land, 2,022-73,

Town Lots, 241.48 ; Horses, 27940,

Mules, 129.31 ; cattle, 217.20,

Hogs,

Sheep,

Fanning utensils.

Money on hand or on deposit,

Solvent credits.

Stock in incorporated conipanies.

Other personal prcperty,

Net incomes and profits,

Conceits and musical entertainments.

Circus or menagerie,

Side shows,

Itinerant companies,

Retail liquor dealers.

Merchants and other dealers.

Boarding houses.

Keepers ot horses or vehicles for hire,

Licensed retailers.

Marriage license.

Deeds in trust and mortgage deeds.

Deeds admitted to registration.

Subjects unlisted,

Sjpecial Taxes.

Williamston and Tarboro' K. R. Co.,
Western N. C. R. R. Company,
Wil. Char, tfe Ruth. R. R. Company,
Nortlnvestern N. C. R. R. Company,
Western Railroad Company,
Marion and Asheville Turnpike Co.

Gross amount,

County Taxes.

All county purposes,

3,596

520

455

109

270

566

357

382

193

394

2,073

1,480

592

444

$ 11,801

$ 7,633

68
8g
76
25
57
24
70
48
29
82
75
50

50
50
50
33

87
07
76
31
23
23

1 8 70-'71 . — Auditor's Statement.

701

18t)9.

No. 20.— EDGECOMBE COUNTY.

Battle Bryan, SlierifF.

State Taxes :

Polls, 3,250.35 ; Land, 8,140.86 ;

$ 11,391

Town lots.

840

Horses,

484

Mules,

690

Cattle,

209

Hogs,

192

Sheep, 8.85 ; Farming utensils, 497.95 ;

506

Money on hand or on deposit,

677

Solvent credits.

1,902

Stock in incorporated companies,

Other personal property.

2,188

Net incomes and profits,

463

Concerts and musical entertainments,

Museums, wax-works or curiosities,

Circus, or menagerie, CO ; Side shows 5;

Billiard saloons.

Retail liquor dealers.

256

Merchants and other dealers.

795

Studs and jacks,

Horse or mule drovers,

126

Licensed retailers.

594

Itinerant lightning rod men,

Marriage license.

272

Deeds in trust and mortgage deeds,

118

Deeds ot real estate,

188

Special Taices :

Williaraston & Tarboro' R. R. Co.,

1,608

Western North Carolina R. R. Co.,

7,918

•

Wil. Char. ^^ Rutherford R. R. Co.,

5,656

Nortliwestern N. C. R. R. Co.,

2,262 52

Western Rail Road Co.,

1,69687

Marion <k Asheville Turnpike Co.,
Gross amount.

226

% 41,357

County Taxes :

All county jmrposes.

S 17,114

statement £.

702

1870-71.— A l-i;:t()U s Statkmk.nt.

18t)9.

Statemeat E.

No. 27.— FORSYTHE COUNTY.

M. Masten, Sheriff.

StaU Taxe>< :

Polls, 1,639.05 ; Land, 3,203.45,

Town lots, 847.47 ; Horses, 376.28,

Mules, 111.32; cattle, 172.78; hogs 99.78

Sheep, 24.97 ; Farming utensils', 137.54

Money on hand or on deposit,

Solvent credits,

Stock in incorporated companies,

Other personal property,

Collateral descents, demises, &c.,

Itinerant companies.

Tobacco manufacturers.

Merchants and other dealers,

Hotels and boarding houses,

Studs and jacks,

Marriage license.

Deeds ia trust and mortgage deeds,

Deeds admitted to registration,

Special Taxes:

Williamston & Tarboro' II. R. Co.,
Western North Carolina R. R. Co.,
Wilmington, Char, ife Ruth. R. R. Co.,
Northwestern N, C. Railroad Co.,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amount,

Cmmtij Taxes:
All county purposes,

4,842 40

1,22375
38388
16241

365

1,370

347

450

16S

331

101

47
89
13
35
37

65
90
95

710^2
3,781 15
2,700 83
1,080 33

810:

108

19,04013

S 6,68844

ISTO-'Tl. — Auditok's Statembnt.

703

1869.

No. 28.— FRANKLIN COUNTY

E. A. GuPTox, Sherifi'.

State Taxes:

Polls,

Land,

Town lots,

Horses,

Mules,

,Cattle,

Hogs,

Sheep,

Farming ntensils,

Money on hand or on deposit,

Other personal property,

Merchants and other dealers,

Licensed retailers,

Peddlers,

Marriage license.

Deeds in trust and niortffajje deeds,

Deeds admitted to registration,

Subjects unlisted,

Special Taxes :

Williamston and Tarboro' R. R. Co.,
Western N. C. Railroad Company,
Wil., Char. & Euthertord R. R. Co.,
Northwestern N. C. R. R. Co.,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes :
All county purposes,

1,57T

4,040

656

333

155

246

114

190

133

statement E.

57
37
93
90
91
29
65
45
56
07

25833
49|60
20

135

103

607

3,188

2,277

911

85
75
31
46

50
51

68325
9101

$ 15,601

$ 15,558f98

704

1870-71. — Auditor's Statement;

statement E.

1869.

No. 29.— GASTON COUNTY.
G. W. McKee, Sheriff.

State Taxes :

Polls,

$ 1,181

25.

Land,

3,014

Town lots,

Horses,

273

Mules,

274

Cattle,

130

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

670

Solvent credits,

440

Stock in incorporated companies.

Other personal property,

740

Tletail liquor dealers,

Merchants and other dealers.

150

Hotels and boarding houses.

Studs and jacks.

Licensed retailers.

140

Marriage license,

Deeds in trust and mortgage deeds.

Deeds admitted to registration,

Special Taxes :

Williamston and Tarboro' Rail Road

Company,

512

Western North Carolina Rail Road

Company,

2,688

Wilmington, Charlotte & Rutherford

Rail Road Company,

1,920

Northwestern N. C. R. R. Company,

768

Western Rail Road Company',

576

Marion & Asheville Turnpike Co.,
Gross amount

% 13,298

County Taxe^ :

All county purposes.

8 6,754

1870-71. — Auditor's Statement.

705.

No. 30.— GATES COUNTY.

B. F. WiLLEY, Sheriff".

State Taxes:

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Circus or menagerie,

Retail licpior dealers.

Merchants and other dealers,

Public ferries, toll gates and bridges,

Studs and jacks.

Licensed retailers.

Marriage license.

Deeds ot I'eal estate,

Special Taxes :

Williamston & Tarboro' R. R. Co.,
Western North Carolina R. R. Co.,
Wilmington, Char, k Ruth. R. R. Co.
iVortli western N. C!. R. R. Company,
Western Railro;i<l Couipany,
Marion & AshcNille Turnpike Co.,

Gross amount,

County Taxes:
All county purposes.

statement E.

9S2
1,256

49
182

83
8

90
360

4(1

21
100
2 62

36 81

40
98
17
36
84
69
15
05
07
82
07
24

212
1,116

797
318
239

6.5
44
45

98
22

1 89

% 6,198 22

S 8,713 02

706

1 870-'71 . — Auditor's Statement.

1869.

iStateraent E.

No. 31.— GRANYILLE COUNTY.
J. I. MooKE, Sheriff.

State Taxes :

Polls, 1,873.20 ; Land, 6,790.98,

Town lots, 1,031.99 ; Horses, 697.79,

Mules, 228.17; Cattle, 321.76 ;

Hogs, 167.61 ; Sheep, 44.92,

Farming utensils,

Money on hand or on deposit,

Solvent credits,

Stock in incorporated companies,

Other personal property.

Net incomes and profits,

Collateral descents, demises, &c.,

Retail liquor dealers,

Tobacco manutacturers.

Merchants and other dealers.

Hotels and boarding houses.

Playing cards.

Studs and jacks.

Horse or mule drovers.

Licensed retailers.

Insurance companies,

Marriage license,

Deeds in trust and mortgage deeds,

Deeds admitted to registration^

Delinquents, for 1868,

Arrears lor insolvents,

Special Taxes :

Williamston and Tarboro' R. R. Co.,
Western North Carolina R. R. Co.,
Wil., Char. & Rutherford R. R. Co.,
Northwestern N. C. Railroad Co.,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes:
All county purposes,

8,664

1,732

549

212

267

219

771

825

246

116

344

455

239

78
93
53
48
01
97
56
69
18
18
62
27
12

50
40

80-
50

1850
63

1,100158

5,677

4,129

1,650

1,238

16508

29,001
33,564

81
01
80
10

1 870- 71. — Acditok's Statement.

70T

18t)H.

No. 32.— GREENE COUNTY.

W. J. Taylok, Sheriff.

State Taxes:

Polls,

% 1,085

Land,

3,081

Town lots,

114

i Horses,

183

iMnles,

181

Cattle,

Hocrs,

4e>

Sheep,

Farming utensils,

3:^

Money on hand or on deposit,

Solvent credits.

234

;Othei- personal property,

514

Cii'cns or menaj^erie,

Retail li(pior dealers.

480

Distillers from fruit.

Mercliants and other dealers,

251

Hotels and boarding houses,

Horse and mule drovers,

Sellers of riding vehicles,

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

Special Taxes :

WilHamston &: Tarhoro' Rail Road

1 Con)})any,

404

•Western North Carolina Rail Road'^

Conjpanv
WiL Char.\<v: Rutherford R. R. Co.,

2,125

1,518

5ev

iNorth Western N. C. R. R. Co.,

607

'Western Rail Road Company,

455

Marion A: Asheville Turnpike Co.,
(iross amount,

51>

§ 11,833

County Taxes :

All county purposes.

§ 19,915

Stateiueut E.

708

1870-71. — Auditok's Statement.

1869.

statement E.

No. 33.— GUILFORD COUNTY.

State Taxes:

R. M. Stafford, Sheriff.

Polls, 2,866.50 ; Land, 6,619.51 ;

Town Lots, 1,330.07 ; Horses, 658.09 ;

Mules, 241.01 ; Cattle, 302.35 ;

Hogs,

Sheep, 43.59 ; Farming utensils, 138.50;

Money on hand or on deposit,

Solvent credits.

Stock in incorporated companies,

Other personal property,

Net incomes and profits.

Concerts and musical entertainments,

Circus, or menagerie.

Side shows, $5 ; Billard saloons, $50,

Ten pin alley, bagatelle, &c.,

Distillers from grain.

Tobacco manufacturers.

Merchants and other dealers,

Hotels and boarding houses,

Horse or mule drovers,

Licensed retailers.

Itinerant dentists, &c.,

Peddlers,

Insurance compai ies.

Piedmont Railroad Company,

North Carolina R. R. Company,

Special Taxes :

Williamston & Tarboro' R. R. Co.,
Western North Carolina R. R. Co.,
Wil. Char. & Ruth. Rail Road Co.,
Northwestern N. C. R. R. Company,
Western Rail Road Company,
Marion & Asheville Turnpike Co.,

Gross Amount,

County Taxes :
All county purposes,

1 870-* 7 1 . — Auditor's J Statement.

709

Ko. 34.— HALIFAX COUNTY

John A, Reid, Sherifi'.

State Taxes.

Polls, 2,186.10 ; land, 4,388.18,

Town lots, 557,98 ; horses, 360.26,

Mules. 385.76 ; cattle, 234.26,

iHogs, 125.43 ; sheep, 9.81,

Farming utensils,

Money on hand or on deposit,

Solvent credits.

Stock in incorporated companies,

Other personal property,

Net incomes and profits.

Circus or menagerie,

Billiard saloons.

Retail liquor dealers,

Merchants and other dealers,

Playing cards,

Studs and jacks.

Licensed retailers.

Marriage license.

Deeds in trust and mortgage deeds.

Deeds admitted to registration,

Spemal Taxe^ :

"Williamston & Tarboro' Railroad Co.,
Western North Carolina R. R. Co.,
Wilmington, Charlotte & Rutherford

Railroad Company,
Northwestern N. C. R. R. Company,
Western R. R. Co.,
Marion &; Asheville Turnpike Co.,

Gross amount,

County Taxes:
All county purposes,

6.574

'918

620

135

149

199

566

1,594

101

783

statement E.

28
24
02
24
15
57
49
87
29

662 08

370
352
101
163

821
4,312

3,080

1,232

924

123

tp Jid^oJd

1$ 12,3355 95

34
45
65
40

42
43

31
13
10

710

1870-'71 . — Auditor's Statement.

1869.

statement E.

No. 35— HAYWOOD COUNTY.
A. J. Murray, Sheriff.

State Taoc-es :

Polls,
Land,
Town lots,
Horses,

Mules,

Cattle,

Hogs,

Sheep,

Eanning uteiisi's.

Money on hnnd or on deposit,

Solvent credits,

Other pergonal propert}',

Retail liquor dealers,

Merchants and other dealers,

Gates across highways,

Horse or mule drovers.

Itinerant dentists, etc.,

Peddlers,

Marriage license,

Mortgage deeds.

Deeds admitted to registration,

Sjjfliu'al Ta<x£i< :

Willianiston & Tarboro' Railroad Co.,
Western Xorth CaroHna Railroad Co..
Wil., Cliarlotte <fe Rutherford R. R.

Company,
Northwestern N. C. Railroad Co.,
Western Railroad Company,
Marion and Ashville Turnpike Co.,

Gross amount.

County Taxes.

All county purposes,

852+60

1,491

329

101

262

172

206

121

50
63:
6S
50
90
22
11
80
9S
9(^
32
55
6&

[35-
59
50

268'<)€t

1,40:

1,005 124

402 09

30157

40 20

7,452 51

1S70-' 71. — A uditok\s Statement.

711

;Xu. 30.— HENDERSON COUNTY,

T. W. Taylor, Sherift".

xS'^c'^f' Taxes:

Polls,
Land,
Town lots,
Horses,

Mules,

Cattle,

[Hogs,

I Sheep,

Farming utensils,

Money on hand or on deposit.

Solvent credits,

Other personal property,

:Net incomes and profits,

Collateral descents, demises, &c..

Merchants and other dealers,

Retail liquor dealers,

Marriage license,

Deeds admitted to registration,

S2)ecial Taxes:

Williamston A: Tarboro' R. R. Co.,
Western North Carolina R, R. Co.,
Wil., Char, ct Rutherford R. R. Co.,
.Northwestern N. C. R. R. company,
Western Railroad company,
JMarion k, Asheyille Turnpike Co.,

! Gross amount.

County Taxes :

All count} purposes,
43

857
2,324

186

169
79

201
75
24i
57
52

179

284

167
65
18
36

357
1,878
1,342

536

402

% 9,370

statement £.

02
38
95
98
23
08
41
68
93
83
33
25
45
90
68
05
50

90
98
13
85
64
65

% 4,185158

712

1870-71. — Auditor's Statement.

Statepient E.

1869.

No. 37.— HERTFORD COUNTY.
Isaac Pipkin, Sheriff.
State Ta:re>< :

Polls,

$ 1,089

Land,

1,643

Town lots,

2.55

Horses,

205

Mules,

Cattle,

Hogs,

Sheep, $9.89 ; Farming utensils, $92.70.

102

Money on hand or on deposit,

205

Solvent credits,

497

Stock in incorporated companies.

Other personal property,

462

Net incomes and profits,

Circus or menagerie,

Retail liquor dealers,

Distillers from fruit,

Merchants and other dealers,

180

Hotels and boarding houses,

Studs and jacks,

Keepers ot horses or vehicles for hire.

Licensed retailers,

Marriage license,

100

Mortgage deeds,

Deeds admitted to registration.

Special Ta-U's :

Williamstou ct Tarboro' Railroad Co.,

356

Western North Carolina Railroad Co.,

1,869;

Wil., Char. <fe Rutherford R. R. Co.,

1,335

Northwestern N. C. R. R. Co.,

'534

Western R. R. Co.,

400

:53

Marion &z Asheville Turnpike Co.,

|40

Gi'oss amount.

$ 7,901

County Taxes :

All county jnrposss,

$ 158

1 870-' 71 . — A UDITOK ■ S StATEMEN'! .

71S

1869.

Xo. 38.— HYDE COUNTY.

Geokge CKf:DLK, Slieriff,
State Tcuxs :

Polls,

% 875

Laud,

1,288

Town \o%

Horses,

165

Mules, I

Cattle,

Hogs, '

1
I

Sheep,

Faruiiug Utensils,

7
29

53
41

Money on hand or on deposit,
Solvent credits.

95
217

08
45

Stock in incorporated companies.

Other personal property, '
Net incomes and protits, |

128
2

63
60

Collateral descents, demises, etc., j

(

Retail liquor dealers, i

205

Merchants and other dealers.

180

Licensed retailers,

177

Marriage license.

Mortgage deeds.

Deeds admitted to rcii-istration.

Special Taxt^i :

Williamston iSz Tarboro' 11. li. Co.,

195

Western N. C. Kailroad Company,

1,025

Wil. Chiir. A: Jintliertoid R. li. Co.,

732

Northwestern N. C. II. 11. Com])any,

293

Western Kailroad Company,

219

Marion and Asheville Turn])iko Co..

Gross amount. '

^ 6.154

Couiiti/ Taxeis :

■

All county purposes,

% 2,942

statement E.

714

1870-71. — Auditor's Statemext.

1869.

Statement E.

Ko. 39.— IREDELL COUNTY.

W. H. Mason, Sheriff.

State Ta2es :

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming nteusils,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Net incomes and profits,

Collateral descents, demises, &c.,

Retail liqnor dealers.

Distillers from fruit,

Tobacco manufacturers.

Merchants and other dealers,

Hotels and boarding houses.

Studs and jacks.

Keepers ot horses or vehicles for hire

Licensed retailers.

Marriage license,

Mortgage deeds,

Deeds admitted to registration.

Special Taxes :
Williamston & Tarboro' R. R. Co.,
Western N. C. Railroad Company,
Wil., Char. & Rutherford R. R. Co.,
Northwestern N. C. R. R. Co.,
Western Railroad Co.,
Marion and Asheville Turnpike Co.,

Gross amount,

County Taxes :

All cuunty purposes,

% 1,587

2,815

323

340

329

219

111

161

890

147

192

151

142

692

3,636

t 2,597

1 1,038

779

103

% 10,678

% 8,243

1 S70- 71. — xVuditor's Statement.

715

]STo. 40.— JOHNSTON COUNTY.
E. Ct. Hill, Sheriff.

State Taxes :

Polls,

Laud,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits.

Stock in incorporated companies.

Other personal property,

Net incomes and profits,

Retail liquor dealers.

Distillers from grain, t^c,

Merchants and other dealers,

Hotels and boarding houses,

Commission merchants,

Licensed retailers,

Itinerant dentists, &c..

Marriage license.

Deeds admitted to registration.

Special Taxes:

Williamston and Tarhoro' E. R. Co.,
Western N. C. Railroad Company,
Wil. Char and Rutherford R. R. Co.
Northwestern N. C. R. R. Company,
Western Railroad Company,
Marion and Ashcvillc Turnpike Co.,

Gross Amount,

Coanty Taxes :
All couuty purposes,

statement E,

4,033

2,171 40
66
219
335
236
366
134

26
52
18
15
35

2189

105
148
610

16
417

33
336

414

13
260

10
167
100

73
09

80
90
75

28
80

626

3,290

2,350

940 01

705

$ 18,260

$ 11,801

716

1870-71. — Auditor's Statement.

statement E;

1869.

No. 41.— JONES COUNTY.

John Peakck, Slieriff.

State Taxes:

Polls,

% 765

Land,

1,536

Town Lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Earming utensils.

Money on hand or on deposit.

Solvent credits.

Other personal pi'operty,

Net incomes and profits.

Subjects unlisted,

813

t^peoial Taxes :

Willianiston k. Tarboro' Rail Road

Company,

228^84

Western North Carolina Rail Road

Company,

1,201 44

Wilmington Charlotte & Rutherford

Rail Road Company,

858

Northwestern North Carolina R. R.

Company,

343

Western Rail Road Company,

257

Marion k Asheville Turnpike Com-

pany,

Gross amount,

% 6,410

County Taxes :

All county purposes.

% 14,755

1870-'71. — Auditor's Statement.

717

1S69.

NTo. 42.— LENOm COUNTY.
^y. W. X. HuNTEK, Sheriff.
State Taxes.

Polls, 1,082.55 ; Land, 2,721.87,

$ 3,804

ToM-n lots, 392.27 ; Horses, 177.25,

569

Mules, 170.65 ; Cattle, 86.52,

257

Hogs, ^

Sheep,"

Money on hand or on deposit.

Solvent credits.

339

Stock in incorporated companies,

Net incomes and profits.

100

iCollateral descents, demises, tV:c.,

Retail liqnor dealers,

Merchants and other dealers,

415

Hotels and boarding houses,

Studs and jacks,

Horse or mule drovers,

Auctioneers,

Keepers of horses or vehicles lor hire,

Licensed retailers.

221

Itinerant dentists, &c..

Peddlers,

Marriage license,

167

Deeds admitted to registration.

175

Delinquents,

Atlantic tt North Carolina Railroad,

Special Taxes:

Williamston A: Tarboro' Railroad Co.,

399

Western North Carolina Railroad Co.,

2.094

Wil., Char., A: Rutherford R. R. Co.,

1,496

North-western N. C. Railroad Co.,

598

Western Railroad Company,

448

Marion A: Asheville Turnpike Co.,
Gross amount.

$ 11,503

County Taxes:

lAU county purposes,

$ 10,233

Statement E.

71^

1 870-' 71 . — Auditor's Statement.

Statem^xit ]SL

1869.

No. 43.— LINCOLN COUNTY.

J. II. King, Sheriff.

jState Ta-res:

Polls, 1,044.75 ; Land, 2,544.79,

4 3,589

Town lots, 381.41 ; Horses, 26^60 ;

632

Mules, 184.25 ; Cattle, 115.59,

: 299

Hogs, 56.48 ; Sheep, 16.74, ,

Farming utensils, "

\ 69

Money on hand or -on deposit,

231

Solvent credits.

1 359

Stock in incorporated companies,

Other personal property,

262

Net incomes and profits.

Side shows.

t".

Ketail liquor dealers.

110

Merchants and other dealers.

231

r""

iHotels and boarding houses,

j Gates across highways.

jStnds and jacks.

Marriage license,

102

Deeds of real estate, i

Subjects unlisted,

Special Tao^,es :

Williamston & Tarboro' Railroad Co.,

456

Western North Carolina Railroad Co.,

2,398

Wil., Char. & Rutherford R. R. Co.,

1,713

Northwestern N. C. Railroad Co.,

685

Western Railroad Company,

514

Marion & Asheville Turnpike ('o., j
Gross amount.

$ 12,042

County Taxes:

All county purposes,

$ 5,314

1 870-' 71. — Auditor's Statement.

71»

1869.

No. 44.— MACOX COUNTY.
W. H. HiGDON, Sheriff.

State Taxes :

Polls,

$ 825

Land,

1,358

Town lots,

Horses,

283

Mules,

Cattle,

203

Hogs,

Sheep,

Farming ntensils,

Money on hand or on deposit,

Solvent credits.

193

Other j)ersoual property,

Net incomes and profits.

Collateral descents, demises, &c..

Merchants and other dealers,

100

Hotels and boarding honges,

iStnds and jacks.

Licensed retailers.

Marriage license.

Deeds admitted to registration.

Special Taxes :

Williamston and Tarljoro' li. 11. Co.,

227

Western North Caroliaa E. Pt. Co.,

1,192

Wil., Char. 6c Eutherlord E. E. Co.,

852

Northwestern N. C. E. E. Company,

840

Western Railroad Company,

255

Marion and Asheville Turnpike Co.,
Gross amount,

34108

$ 6,470

Coxmty Taxes :

All county purposes,

$ 10,407

statement E.

T20

1870-71. — Aui)Itc)r's Statement.

StatemSQt E.

1869.

jNV 45.— MADISON" COUNTY.

A. G. Tweed, Sheriff.

State Taxes.
Polls,
Land,
Town lots,
Horses,
Mules,
Cattle,
Hogs,
Sheep,

Farming utensils,
Money on hand or on deposit.
Solvent credits,
Other personal property,
Merchants and other dealers,
Gates across highways,
Studs and jacks,
^icensed retailers.
Marriage license,

Deeds in trust and mortgage deeds,
Deeds admitted to registration,

Special Taxes.

Williamston and Tarboro' R. II. Co.,
Western North Carolina R, E. Co.,
Wil. Char, and Eutherford E. E. Co.,
N'orthwestern N. C. Eailroad Co.,
Western Eailroad Company,
Marion and Asheville Turnpike Co.,

Gross amount.

County Taxes:
All county purposes,

1870-71. — Auditor's Statement.

721

1869.

No. 46.— MAETIN COUNTY.

K. B. Salisbury, Sheriff.

State Taxes :

•

Polls,

$ 1,264

Land,

3,190

Town lots,

544

Horses.

247

Mules,

110

Cattle,

107

Hogs,

Sheep,

Farming utensils.

9
94

02
63

Money on hand or on deposit.
Solvent credits.

76
174

Stock in incorporated companies.
Other personal property,
Net incomes and profits,

58
547
101

30
72
25

Circus or menageries,

Retail liquor dealers.

293

Distillers from grain, etc.,

Merchants and other dealers.

321

Hotels and boarding houses,

Horse or mule drovers.

Auctionters,

Licensed retailers,

117

Marriage license.

115

Mortgage deeds.

Delinquents for 1868,

250

Special 2'axes :

jWilliamston A: Tarboro' Railroad Co.,

512

Western North Carolina Railroad Co.,

2,692

Wil., Charlotte A: Ruth. R. R. Co.,

1,923

Northwestern N. C. Railroad Co.

769

Western Railroad Company,
Marion tfc Asheville Turnpike Co.,

Gross amount,.

577
76

03
93

$ 14,368

County Taxes:

All county pni-poses, i

$ 12,138

statement E.

722

1S70-'71. — Auditor's Statement.

statement E.

1869.

No. 47.— McDowell county.

•

A. 11. SiMMONDS, Sheriff.
State Taxes:

Polls,

% 783

Land,

1,712

Town lots.

Horses,

144

Mules,

182

Cattle,

108

Hogs

Sheep,

Farming utensils,

Money on hand or on deposit.

Solvent credits.

215

Other personal property,

Merchants and other dealers,

130

Licensed retailers.

105

Marriage license,

Deeds in trust and mortgage deeds.

Deeds of real estate,

Special Taxed :

Williamston and Tarboro' R. E. Co.,

240

Western N. C. Railroad Company,

1,264

Wil. Char, and" Rutherford R. R. Co.,

'903

Northwestern N. C. Railroad Co.,

361

Western Railroad Company,

207

Marion and Asheville Turnpike Co.,
(irross amount,

% 6,647

County Taxes:

All county purposes,

$ 3,057

1870-71. — Auditor's Statement.

72S

Xo. 48.— MECKLEKBITRG C'TY.
E. M. White, Sheriff.

State Taxes :
Polls, 2,476.60 ; Land, 5,335.07,
Town lots, 2,914.15 ; Horses, 413.21,
Mules, 3S9.37 ; Cattle, 247.61,
Hogs, 145.82 ; Sheep, 19.80,
Farming utensils.
Money on hand or on deposit,
Solvent credits,

Stock in incorporated companies.
Other personal ])ropert3',
Xet incomes and proHts,
Concerts and musical entertainments,
Circus, SO ; Shows, 2< '.
Billiard saloons.
Retail liquor dealers,
Distillers trom grain, tfec,
Merchants and other dealers,
Hotels, etc., 135; Gas companies 30.80,
Money exchange,
Horse drovers.
Auctioneers,
Commission merchants
Keepers of horses to hire.
Insurance companies.
Seals of notaries pul)]ic, i\:c.,
Marriage license,

Deeds in trust and mortgage deeds.
Deeds admitted to registration.
Distress,

Delinquents, for 1868,
Arrears for insolvents,
Railroad not otherwise listed,

Sjyecial Tories :
Williamston & Tarboro' R. R. Co.,
Western K. C. Railroad Company,
Wil, Char. & Rutherford R. R. Co.,
Nortliwestern X. C. R. R. Company,
Western Railroad Com})any,
Marion and Asheville Turnpike Co.,

Gross amount,
County 2 axes :
All county purposes,

statement E.

98
62
48
44
01
20
07
40

7,811

3,351

636

165

1,019

547

2,884

147

1,653

122

100

116

1,553

165

100

1,080

150

198

425

519

1,484

7^795
5,567

2,227118
1,67039

222'71

86
80

70
14

$ 43,317i25
S 63,00670

724

1870-'71. — Auditok's Statement.

1869.

Stateeaent E.

No. 49.— MITCHELL COUNTY.

C. Garlami), Slicrilt".

State Taxea.

jPolls,
Land,
Town lots,
Horses,
Mules,
Cattle,
Hogs,
Sheep,

Farn^ing utensils.
Money on hand or on deposit,
Solvent credits.

Stock in incorporated companies.
Other personal property.
On liquors distilled from fruit,
Merchants and other dealers,
Marriage license,

Sj^eoial Taxes:

Willian^ston & Tarboro' K. E. Co.,
Western North Carolina E. E. Co.,
Wil., Char. & Euthu-ford E. E. Co.,
North-western N. C. E. E. Co.,
"Western Eailroad company,
Marion and Asbeville Turnpike Co.,

Gross amount,

County Taxes.
Allfcounty purposes.

1S70-' 71. — Auditor's Statement.

725

1869. !i 1

No. 50.— MONTGOMERY C'NTY.

r. C. EiLEY, Sheriff. i

Statf Taxes :

Polk,

1 834

Land,

1,582

Town lots,

Horses,

227

Mules,

Cattle,

141

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit.

130

Solvent credits,

191

Other personal property,

36i38

Retail liquor dealers.

1
1

Liqnors distilled from fruit.

Merchants and other dealers^.

100

Hotels and l)oarding houses.

Studs and jacks.

1
1

Retail liquor dealers.

Marriage license,

Deeds in trust and mortgage deeds,

;

IDeeds of real estate,

Special Taxes :

Willlamston <k Taidjoro" liailroad Co.,'

239

AVestern Nortli Carolina Railroad Co.,

1,258

,Wil. Chai-. A: Rutherford R. R. Co.,

898

jXorthwcstern N. C. Railroad Comp'y,

359

Western Railroad Com]»any,

269

, Marion A: Ashevi!l(^ Turnpike Co., '

! Gross auKjunt,

'$ 6,746

i Coaniij Tdij'is :

1
j 1

All couuly ])Ui'];o£€S,

1$ 3,139

statement £.

726

1870-'71. — Auditor's Statement.

statement E;

1869.

No. 51.— MOOEE COUNTY.

C. L. Alfrid, Tax Collector.

State Taxes:

Polls,

$ 1,172

Land,

2,122

Town lots,

Horses,

301

Mnles,

135

Cattle,

186

Hogs,

Sheep,

Farming utensils,

70
76

Money on band or on deposit.
Solvent credits.

257

20
36

Other personal property,
Marriage license.

31
93

79
10

Deeds admitted to registration.

Distress,

181

Special Taxes :

Williamston & Tarboro' Railroad Co.,

314

Western North Carolina Railroad Co.,

' 1,649

Wil. Char. & Rutherford R. R. Co.,

' 1,178

North Western N. C. Railroad Co.

471

Western Railroad Company,

353

Marion & Asheville Turnpike Co.,
Gross amount,

$ 8,759

1 County Taxes :

All county purposes,

i^4,086

1 8 70-' 7 1 . — A uDnx:)K's Statement.

Ko. 52.— NASH COUKTY.

G. N. Lewis, Sheriff.

State Tanoes :

Polls, $1,440; land, $2,657,3 1,

Town lots, $40.90 , lioises, $218.63,

Mules, $140.28 ; cattle, $206.77,

Hogs,

Sheep,

Fanning utensils.

Money on hand or on deposit.

Solvent credits,

Other ]3ersonal property,

Net incomes and profits,

Retail liquor dealers,

On liquors distilled from fruit.

Merchants and other dealers,

Hotels and boarding houses.

Playing cards.

Studs and jacks.

Licensed retailers,

Peddlers,

Marriage license.

Deeds in trust and mortgage deeds.

Deeds adnatted to registration.

Special Taxes :

V^'^illiamston & Tarboro' Railroad Co.,
Western North Carolina Railroad Co.,
Wil., Charlotte A: Rutherford R. R.

Coinpan}',
Northwestern North Carolina R. R.

Company,
Western Railroad Compan}',
Marion <Sc Aeheville Turnpike Co.

Gross amount.

County Taxes

All county purposes,
44

4,097

259

346

143

572

442

107

386

174

281

statement E.

31
53

05
34

18
09
31
24
88
50
23
64

50
50

30
1J03
25

439

2,306

1,647

658

494

'$ 12,798

:$ 5,612 58

28
23

92
19

728

1870-'71. — Auditor's Statemeft.

Statement E.

1869.

1:^0. 53.— NOETHAMPTOISr C'TY.

II. T. Grant, Sheriff.

State Taxes:

Polls,

$ 2,198

Land,

4,904

Town lots.

113

Horses,

432

Mules,

270

Cattle,

196

Hogs,

158

Sheep,

Farming utensils,

117

Money on hand or on deposit,

204

Solvent credits,

700

Stock in incorporated companies,

351

Other personal property,

530

ISTet incomes and profits,

Retail liquor dealers.

299

Merchants and other dealers.

294

Gates across highways.

Studs and jacks.

Licensed retailers.

105

Marriage license.

158

Mortgage deeds,

Deeds admitted to registration,

Special Taxes:

Williamston & Tarboro' R. R. Co.,

792

"Western North Carolina R. R. Co.,

4,159

Wil., Char. & Rutherford R. R. Co.,

2,971

jSTorthwestern N. C. R. R. company,

1,188

Western Railroad company,

891

Marion & Asheville Turnpike Co.,
Gross amount,

118

$ 21,546

County Taxes :

All county purposes,

% 11,567

1870-71. — ArDiTOE's Statement.

729

1S69.

:^o. 54.-NEW HANOYER C'TY.
J. W. ScHENCK, Sheriff.
State Taxes :
Polls, 3,089.10 ; Land, 3,379.90,
jTown lots, 12,539.87 ; Horses, 291.59,
Mules, 169.93 ; Cattle, 211.23,
'Hogs, 107.89 ; Sheep, 17.97,
Farming utensils.
Money on hand or on deposit,
Solvent credits,

Stock in incorporated companies.
Other personal property,
Xet incomes and profits,
Collateral descents.
Travelling theatrical companies.
Concerts, 20 ; Billiard saloons, 87.50,
Ten pin alley, tfcc.
Retail liquor dealers.
Wholesale liquor dealers,
Merchants and other dealers,
Hotels, &c.,
Money excliange,
Auctioneers,
Commission merchants
Iveeper of horses for hire.
Licensed retailers ol liquors,
Peddlers,
Banks,

Insurance companies,
Seals of notaries public.
Marriage license.
Deeds in trust.
Deeds of real estate.
Distress,

Special Taxes :
Williarnston & Tarboro' Pv. R. Co.,
Western N. C. Railroad Company,
Wil., Char. & Rutherford R. li. Co.,
Northwestern N. C. R. R. Company,
Western Railroad Comimny,
Marion and Asheville Turnpike Co.,

Gross amount,
County Taxes:
All comity purposes,

statement £.

6,469

12,831

384

125

649

442

875

2,619

2,266

107

538

178

3,427

150

1,036

1,342

200

1,736

450

104

1,998

10,493

7,495

2,998

2,248

299

46
16
86
34
60
92
40
48
30
30

96
50
23
91

84
50
30
85
02
69

88
77
57
23

$ 61,999143
$ 23,659151

t30

1870-'71. — Auditor's Statement.

1869.

Statement E.

No. 55.— ONSLOW COUNTY.

E. MuRREix, Sheriff.

State Taxes:

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits.

Other personal property.

Net incomes and profits.

Merchants and other dealers,

Gates across highways,

Retail liquor dealers.

Marriage license,

Deeds in trust and mortgage deeds.

Deeds of real estate,

Delinquents for 18(58,

Special Taxes :

Williamston and Tarboro' R. R. Co.,
Western N. C. Railroad Company,
Wil. Char and Rutherford R. R. Co.,
Northwestern N. C. R. R. Company,
Western Railroad Company,
Marion and Ashoville Turnpike Co.,

County Taxes :
All county purposes,

1,009

1,764

133
96

124
72
14
18
58

261

306
2

171
10

166
85
15
56
12

05
44
76

98
81
05
82
50
30
87
76
91
50

284 72

1,494 78

1,067 72

427 08

320 32

42 70

Gross Amount, j!$ 8,097

f22

li$ 4,614 24

1870-71. — Auditok's Statement.

731

1869.

, No. 56.— ORANGE-COUNTY.
John Turner, Sheriff.
State Taxes:

Polls,

$ 1,961

Land,

4,148

Town Lots,

622

Horses,

499

Mules,

209

Cattle,

251

Hogs,

126

Sheep,

Farming utensils.

133

Money on hand or on deposit,

186

Solvent credits.

715

Other personal property,

Net incomes and profits,

326

Collateral descents, demises, &c.,

Circus or menagerie.

Tobacco manufacturers.

180

Merchants and other dealers.

282

Playing cards.

jStuds and jacks.

Retail liquor dealers.

155

Marriage license.

160

Deeds in trust and mortgage deeds.

Deeds admitted to registration,

Special Taxes :

Williamston & Tarl>oro' R. R. Cx).,

680

Western N. C. Railroad Company,

3,.571

Wil., Char. & Rutherford R. R. Co.,

2,551

Northwestern N. C. R. R. Co.,

1,020

Western Railroad Co.,

765

Marion and Asheville Turnpike Co.,
Gross amount,

102

% 11,805

Ccnmty Taxes:

All county purposes,

$ 8,980

statement K.

732

1870-'71. — Auditor's Statement.

Statement E.

1869.

No. 57.— PASQUOTANK COU'TY.

J. L. Wood, Sheriff.

State Taxes.

Polls,

$ ■ 785

Land,

2,205

Town lots.

.'729

Horses,

161

Mules,

Cattle,

Hogs,

Sheep,

Farn^ing utensils.

21r

Money on hand or on deposit.

2b^

Solvent credits,

284

5l>

Other personal property.

167

Net incomes and profits,

150

Colateral descents, demises, &c.,

473

Circns or menagerie,

Itinerant companies,

Retail dealers.

107

Merchants and other dealers.

408

Hotels and hoarding houses.

Keepers of horses or vehicles lor hire.

50'

Licensed retailers.

130

Marriage license.

Deeds admitted to registration,

104

Special Taxes.

Williatnston and Tarboro' R. R. Co.,

376

Western North Carolina R. R. Co.,

1,967

02:

Wil., Char, and Rutherford R. R. Co.,

1,404

Northwestern N. C. Railroad Co.,

562

Western Railroad Company,

420

Marion and Asheville Turnpike Co.,
Gross amount.

$ 10,948

County Taxes :

All county purposes,

$ 10,754

1870- 71 .— Auditok's Statembkt.

733

1869.

^o. 58.— PEEQUBIAKS CO'TY

Henry White, Sheriff.

State Taxes.
Polls,
Land,
Town lots,
Horses,
Mules,
Cattle,
Hogs,
Sheep,

Farmhig utensils.
Money on hand or on deposit.
Solvent credits,
Other personal property,
Net incomes and profits.
Circus and menagerie,
Side shows,
Retail liquor dealers,
Merchants and other dealers,
Sellers of riding vehicles.
Licensed retailers.
Itinerant dentists,
Seals of notaries public, &c.,
Marriage license,
|Morlgage deeds.
Deeds admitted to registration,

Special Taxes:

William ston & Tarboro' R. K. Co.,
Western North Carolina R. E. Co.,
Wih, Char. & Paitherford R. R. Co.,
Northwestern N. C. R. R. Co.,
Western Railroad company, _
Marion and Aslievillc Turnpike Co.,

791

2,228

201

182

statement E.

65
96
16

97
75

58197
6^09

51171:

21
172
103

62
99

40
20

7175

213

105

85
90
40

315
1,654
1,181

472

354

Gross amount, i^ 8,017

83
73
53

County Taxcs :
All county pui-poses,

% 17,450179

734

1870-71. — Auditor's Statbment.

Statemeat £.

1869.

Ko. 59.— PERSON COUNTY.

J. L. Harris for sureties of J. Barnett

late Sheriff.

State Taxes :

Polk,

$ 1,351

Land,

2,324

Town lots,

Horses,

315

Mules,

157

Cattle,

154

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

153

Solvent credits.

325

Other personal property.

640

Net incomes and profits.

Concerts, &c..

Merchants and other dealers,

132

Hotels and boarding houses.

Studs and jacks.

Licensed retailers,

124

Marriage license,

Deeds admitted to registration,

Special Taxes :

Willlamston & Tarboro' Railroad Co.?

430

Western North Carolina Railroad Co.j

2,260

Wil., Char. & Rutherford R. R. Co.,

1,604

Northwestern N. C. Railroad Comp'y,

645

Western Railroad Company,

484

Marion & Asheville Turnpike Co.,
Gross amount,

$ 11,639

County Taxes:

All county purposes.

$ 17,546

1870-71. — Auditor's Statement.

r3^

Xo. 60.— POLK COUNTY.

N. B. Hampton, Sheriff.

Stute Taxes:

Polls,
Land,
Town lots,
Horses,
Mnles,
Cattle,
Hogs,
Sheep,

Farming utensils,
Money on hand or on deposit,
Solvent credits.
Other personal property,
Merchants and other dealers,
Retail liqnor dealers.
Marriage license,
]Dee<is ot real eetate,

Special Taxes :

Williamston & Tarboro' Railroad Co.,
Western North Carolina Railroad Co.,
Wil., Char. & Rutherford R. R.Co.,
Northwestern N. C. Railroad Co.
Wcfttem Railroad Company,
Marion <fe Asheville Turnpike Co.,

Gross amount.

County Taxes :
All county purposes,

statement E.

328

973

105

141
745
532

212

159

65
22
05
43
40
43
79
60
95
51
75
49

95
22
34
93
69
29

% 3,703

|l,580tec>

736J

1870-'71. — Auditok's Statement.

statement E.

1869.

No. 61.— RANDOLPH COUNTY.

H. J. TkoctDon, Sheriff.

State Taxes :

Polls,

$ 2,215

Land,

4,900

Town lots,

169

Horses,

746

Mules,

170

Cattle,

253

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

215

Solvent credits,

706

Other personal property.

174

Net incomes and profits.

Merchants and other dealers,

216

Licensed retailers,

102

Marriage license.

154

Deeds admitted to registration.

117

SiKGial Taxes :

Williamston & Ta.'-'Horo' Eail Road

Company,

707

iWestern North Carolina Rail Road

Company,

3,714

Wilmington, Charlotte & Rutherford

Rail Road Company,

2,653

j Northwestern North Carolina R. R.

1 Company,

1,061

Western Rail Road Company,

796

Marion & Asheville Turnpike Com-

pany,

Gross amount.

106

% 19,406

County Taxes :

All county purposes.

$ 11,839

1ST0-'71. — Auditor's Statement.

•73T

Gross ainoinit,

County Taxes:
All county purjooses,

Ko. 62.— EICHMO^^D COUNTY

R. S. LedbetteRj, Tax Collector.

State Taxes :

Polls,

Land,

Town lots.

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Net incomes and profits.

Collateral decents, demises, &c..

Itinerant companies,

Merchants and other dealers,

Horse or mule drovers.

Retail liquor dealers.

Itinerant liquor dealers.

Marriage license,

Deeds in trust and mortgage deeds,

Distress,

Special Taxes :

Williamston & Tui-horo' Railroad Co.,
Western North Carolina R. R. Co.,
Wih, Char, tk Rutherford R. R. Co.,
Northwestern N. C. R. R. Co.,
Western Railroad com])auy,
Marion <k Ashevillu Turuj)ike Co.,

1
$ 1,186

3,109|85

15S27

233

228

184

9 25

6951:

175l?7

395 29

13769

87 90

2150

915

5105

9 37

131

178

2,51li51

1,790

718

538

!_*

^ 12,76'.»

1)2

$ 12,330

StatcDient E.

^38

1870-'71. — Auditor's Statement.

; statement E.

1869.

No. 63.— ROBESON COUNTY.
B. A. Howell, Sheriff*.
State Taxes :

Poll8,

$ 2,324

Land,

3,106 06

Town lots,

197 37

Horses,

362 05

Mules,

272126

Cattle,

252i46

Hogs,

121J47

Sheep,

33;46

Farming utensits,

42102

Money on hand or on deposit.

78!29

Sol rent credits,

296177

Stock in incorporated companies,

Other persona property,

353I20

Net incomes and profits,

lOJ

Itinerant companies.

Retail liquor dealers.

827190

Merchants and other dealers.

460

Hotels and boarding houses,

Studs and Jacks,

Horse or mule drovers,

Itinerant dentists.

Insurance companies,

Marriage license.

173

Mortgage deeds.

143

Subjects unlisted.

Special Tax^s:

Williamston <k Tarboro' Railroad Co.,

49059

Western North Carolina Railroad Co.,

2,575162

Wil., Char. & Rutherford R. R. Co.,

1,839 72

Northwestern N. C. R R. Co.,

735

Western R. R. Co.,

551

Marion & Asheville Turnpike Co.,
Gross amount,

$ 15,498

County Taxe^ :

All county purposes,

$ 9,623

■90

1870-'71. — Auditor's Statement.

TSd'

1869.

^0. 64.— EOCKINGHAM COU'TY.
T. W. Patterson, Slieritf.

/State Taxes:

Polls,

$ 1,328

Land,

5,050

Town lots.

227

Horses,

272

Mules,

231

Cattle,

190

Hogs,

105

Sheep,

Farming Utensils,

Money on hand or on deposit,

129

Solvent credits,

485

Stock in incorporated companies.

333

Other personal property.

779

Net incomes and profits.

Merchants and other dealers,

200

Gates across highways.

Horse or mnle drovers.

Retail liquor dealers,

240

Marriage license.

330

Deeds of real estate.

110

Special Taxes:

AVilliaiRston & Tarboro' R. R. Co.,

776

Western N. C. Railroad Companj^

4,078

Wil., Char. & Rutherford R. R. Co.,

2,913

Northwestern N. C. R. R. Company,

1,165

Western Railroad Company,
Marion and Asheville Turnpike Co.,

Gross amount.

873

116

. V

% 20,111

County Taxes : \

All county purposes.

$ 21,487

statement K

-740

1870-'T1. — Auditor's Statement.

Statement E.

1869.

No. 65.— EOWAN COUNTY.

W. A. Walton, Sheriff.

State Taxes:

Polls, 2,071.65 ; Land, 4,655,43

$ 6,727

Town lots, 1,251.35 ; Horses, 513.42 ;

1,704 77

Mules, 206.^3 ; Cattle, 183.14,

38917

Hogs, 116.09 ; Sheep, 21.77,

137 86

Farmhig utensils.

168 24

Money on hand.

199

Solvent credits.

1,129

Stock in incorporated companies.

149

Other personal property,

Net incomes, 370.62; Concert, 5,

375

Circus, 120 ; Ten pin alley, 37.50,

157

Retail dealers.

Wholesale dealers.

199

Distilled fruit.

100

Tobacco manufacturers.

Merchants, 790.17; Hotels, &c., 56.70;

846

Gas companies, 60 ; Money excli'ge,50.

110

Studs, 35 ; sellers of vehfcles, 31.50,

Auctioneers, 11.12 ; Com. mer,, 107.80;

118

Keepers of horses for hire,

Licensed retailers.

385

Seals of notaries public.

Marriage license, 143.45; deeds, &c, 95c.

144

Deeds admitted to registration,

Subjects unlisted, 63.69 ; arrears, 20.50,

Special Taxes :

Williamston & Tarboro' Railroad Co.,

822

Western North Carolina Railroad Co.,

4,319

Wil., Char. & Rutherford R. R. Co.,

3,085

Northwestern N. C. Railroad Co.,

1,234

Western Railroad Company,

925

Marion & Asheville Turnpike (]o.,
Gross amount.

123

$ 24,011

County Taxes:

All county purposes,

% 9,739

1 8 TO-' 71 . — Auditok' s Statement.

741

No. 66.— EUTHERFOKD CO'TY.

Martijst Walkek, Sheriff.

State Taxes :

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits.

Other personal property.

Merchants and other dealers.

Gates across highways.

Studs and jacks.

Licensed retailers,

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

S'pecial Taxes :

Williamston & Tarboro' Eailroad Co.,
Western North Carolina Eailroad Co.,
Wil., Char. & Rutherford R. R. Co.,
N. Western ISTorth Carolina R. R. Co.,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amount.

County'JTaxes :
All county purposes,

statement E.

1,232

2,742

178

264

187

410

435

130

105

70
83
63
86
37
37
19
46
67
33
70
41

440 45

2,312

1,651

660

495

<6^

26
69
67
50
06

% 11,850

% 7,099 29

742

1 870-' 7 1. — Auditor's Statement.

186H.

Statement £.

No. 67.— SAMPSON COUNTY.

A. S. C. Powell, Sheriff.

State Taxes :

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Circus or menagerie,

Retail li(|uor dealers,

Hotels and boarding houses,

Studs and jacks.

Licensed retailers.

Marriage license,

Deeds in trust and mortgage deeds.

Deeds of real estate,

Special Taxes :

Williamston and Tarboro' E. R. Co.
Western N. C. Railroad Company,
Wil., Char, and Rutherford R. R. Co.
Northwestern N. C. Railroad Co.,
Western Railroad Company,
Marion and Asheville Turnpike Co.,

Gross amount.

County Tax-es.
All county purposes,

$ 2,072

2,415

156

5!/

363

186

211

6(N

297

609

111

185

114

i 428

1 2,248

'' 1,606

642

481

is 12,590

i % 9,762

ISTO-'Tl. — Auditor's Statement.

74S

1869.

^'o. os.-STAKLY COUNTY.

JosEi'n Marshall, Sheriff.

State Taxes:

Polls,

Land,

Town lots.

Horses,

Mules,

i Cattle,

I Hogs,

jSlieep,

jFarming utensils,

jMoney on hand or on deposit,

;Solvent credits,

Retail liquor dealers,

Merchants and other dealers,

Hotels and boarding houses.

Licensed retailers,

Itinerant dentists,

jMarriage license,

i Mortgage deeds,

Arrears tor insolvents,

ISpecicd Taxes :

Wiliiamston and Tarboro' Railroad

Compau}',
Western North Carolina Railroad Co.,
Wil., Charlotte & Rutherford R. R.

Company,
Northwestern Railroad Company,
Western Raitroad Company,
Marion and Asheville Turnpike Co.,

Gross amount.

County Taxes.

All county purposes,
45

statement ' E.

842

1,523

276
86

125
58
25
17
65

123
94
54
70
71
10
52
14
7

227
1,10-1

10
45
66
90
27
62
40
01
96
69
32
50
26

853

341

255

25
02
65

26
30
58
13

$ 6,505

% 11,101

.744

1 8 70- 71 . — Auditok's Statement.

statement E.

1869.

No. 69.— STOKES COUNTY.
W. II. Gentey, Sheriff.

State Taxes :

Polls,
Land,

$ 1,229
2,041

55
41

Town lots,

Horses,

181

Mnles,

116

Cattle,

147

Hogs,

Sheep,

Farming utensils,

27
16

Money on hand or on deposit.
Solvent credits.

93
193

75
01

Other personal property,
Retail dealers.

431
13

Distilled fruit.

163

Tobacco manufacturers.

217

Merchants and other dealers,

110

Licensed retailers.

140

iMarriage license,

Deeds in trust,

Deeds admitted to registration.

Subjects unlisted.

Sjjecial Taxes :

Williamston & Tarboro' Railroad Com-

pany,
Western North Carolina Railroad Co.,

348

1,828

38
96

WiL, Charlotte &c Rutlierford Railroad

Company, '
Northwestern N. C. Railroad Co., 1

1,306
522

jWestern Eailroad Company, |

391

'iJMarion and Asheville Turnpike Co.,

Gross amount.

$ 9,760

1
1
I

1
Cowidij Taxes:

All county purposes,

$ 4,458

1S7()-'71. — AtTDrroR's Statemejv't.

t45

1869.

^o. TO.— SURRY COUNTY.
Wji. IIaymoke, Slieriff.
State Ta.ces.

Tolls,

^ 1,055

Land,

2,761

Town lots,

128

Horses,

299

Mules,

121

Cattle,

227

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit.

156

Solvent credits.

492

Other personal property,

Retail dealers,

! 173

On liquors distilled from fruit,

123

Tobacco manufacturers.

1 13

Merchants and other dealers,

1 135

Studs and jacks,

i 15

Marriage license.

1 169

Deeds in trust and mortage deeds.

I 13

Delinquents for 1868,

Special Taxes :

1
1

Williamstou <k, Tarboro' Railroad Co.,

134

Western North Carolina Railroad Co.,

! 2,280

Wil., Char, tfe Rutherford R. R. Co.,

: 1,628

Northwestern N. C. Raih-oad Co.,

1 651

|Western Railroad Company,

188

Marion tfe Asheville Turnpike Co.,
Gross amount,

1^ 11;674

Coicidy Taxes:

All county purposes.

$ 5,1

statement £.

746

18 70-' 71. — Auditor's Statement.

statement E..

1869.

No. 71.— TRANSYLVANIA C'TY.

Robert IlAMLmTON, Sheriff.

State Taxes :

Polls,

% 486

Land,

835

Town lots,

Horses,

Mules,

Cattle,

105

Hogs,

Sheep,

Farming,' iitensilb.

Money on hand or ''ii de})t)sit,

Solvent credits.

Other personal property.

Collateral decents, demises, &c..

Retail liquor dealers.

On liquors distilled from fruit,

Merchants and other dealers,

Hotels and boardinp^ houses.

Playing cards,

Studs and jacks,

Itinerant dentists,

Marriage license.

Mortgage deeds.

Deeds admitted to registration,

Sjpecial Taxes:

Williamston & Tarboro' Railroad Co.,

125

Western North Carolina Railroad Co.,

658

Wil., Char. & Rutherford R. R. Co.,

470

Northwestern N. C. Railroad Co.,

188

Western Railroad Company,

141

Marion & Asheville Turnpike Co.,
Gross amount,

$ 3,135

County Taxes:

All county purposes,

% 3,135

1870-71. — Auditor's Statement.

74T

1869.

No. 72.— TYEEELL COUNTY.

R. J. Has WELL, Slieritf,

State Taxes :

Polls,

% 740

Land,

858

Town lots,

(

Horses,

^'^

Mules, 43.51 ; Cattle, .5833,

101

Hogs/31.4:2 ; Sheep, 1.78,

i
1

Money on hand or on deposit.

Solvent credits,

Other personal property.

209

Net incomes and profits.

Collateral descents, demises, &c.,

Merchants and other dealers,

170

Horse or mule drovers.

i Sellers of riding vehicles.

Ketail liquor dealers,

105

Marriage license,

Deeds in trust and mortgage deeds.

'Deeds admitted to registration.

Special Tastes.

Williamston & Tarboro' Railroad Co.,

138

Western North Carolina Railroad Co.,

716

Wil., Char. & Rutherford R. R. Co.,

474

Northwestern N. C. Railroad Co.,

207

Western Railroad Company,

169

Marion & Asheville Turnpike Co.,
! Gross amount.

% 4,308

Co lint ij Taxes.

All county purpose?,

$ 5,906

Statement E.

T48

18 70-' 71. AuDITOk's STATElSrENT.

statement E.

1869.

Ko. 73.— ITNION COUNTY.
J. J. Hasty, Slierift".

State Taves.

Polls,

$ 1,109

Land,

3,222

Town lots.

192

Horses,

461

Mules,

240

Cattle,

295

Hogs,

101

Sheep,

Fanning utensils,

Money on hand or on deposit,

210

Solvent credits,

.543

Stock in incorporated companies,

Other pei-sonal property,

497

Concerts,

Circus,

Side shows,

Retail dealers,

160

Hotels and boarding houses.

140

Studs and jacks,

Marriage license.

Deeds in trust,

Deeds admitted to registration.

Special Taxef< :

Williamston & Tarboro' R. R. Co.,

562

Western IST. C. Railroad Company,

2,952

1§

Wil., Char. & Rutherford R. R. Co.,

2,108

Northwestern N. C. R. R. Co.,

843

Western Railroad Co.,

632

Marion and Asheville Turnpike Co.,
Gross amount,

$ 14,690

■

Count// Tacces :

All county purposes.

$ 34,011

• 18T(»-"ri. — Auditor's Statement.

7^9b

No. 7J:.— AVAKE COUNTY.

T. F. Lee, Sheriff.

State Taxes:
Polls, 3.323.25 ; Land, 6,521.27,
Town lots, 5,12S.G9 ; Horses, 685.70,
Mules, 540.95 ; Cattle, 489.62,
Hogs, 196.68 ; Sheep, 58.08,
Farming utensils,
Money on hand or on deposit,
Solvent credits.

Stock in incorporated companies.
Other personal property.
Net incomes and profits,
Collateral descents, demises, &c..
Travelling theatrical companies,
Concerts and musical entertainments
Circus or menagerie 100; side shows 10
Billiard saloon, 100; Ten pin alley, 25,
Ketail liquor dealers,
Tobacco manufacturers.
Merchants and other dealers.
Hotels and boarding houses.
Gas companies.

Public ferries, toll gates and bridges.
Studs and jacks,
Horse or mule drovers,
Auctioneers,

Keepers of horses or vehicles for hire,
Licensed retailers, 700 ; Peddlers, 5,
Ins. CO. 575.80; marriage license, 533.70
Mortgage deeds, 184 ; Distress 184,

S2)ecial Taxes:
Williamston &, Tarboro Kailroad Co
Western North Carolina Eailroad Co.,
Wilmington, Char. & Kuth. R. R. Co .
Northwestern N. C. Railroad Comp'y,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amoimt,

County Taxes :
IAU county purposes.

statement E.

$ 9,844
5,814
1,030
686
613
707
2,513
50
2,298
1,967
83
50
103
110
125
403
74
2,743
254
156
10
20
17
52
55
'705
1,109
368

2,016
10,589
7,563
3,025
2,269
302

52
37
57
36
23
12

22
47
11

65
76
97
33
44

99
20
72
48
11
54

$ 57,300

I 29,440 44

750

1870-'71. — Auditor's Statement.

Statement E.

1869.

No. 75.— WARREN COUNTY.

N. R. Jones, Sheriff.

State Taxes:
Polls,
Land,
Tovv^n lots,
Horses,

Mules, 187.50 ; cattle, 229.32 ;
Slieep, 16.96 ; farming utensils, 211.68
Money on hand or on deposit,
Solvent credits.

Stock in incorporated companies,
Other personal propert}^
Net incomes and profits.
Billiard saloons,
Retail dealers.

Merchants and other dealers,
Hotels and boarding houses.
Ferries, 1.20 ; gates across highways,

5.00,'
Studs and jacks,
Horse drovers,
Auctioneers,
Licensed retailers,
Peddlers,

Insurance companies.
Marriage license,
Deeds in trust.
Deeds admitted to registration,

Special Taxes :

Williamston & Tarboro' Railroad Co.,
Western North Carolina Railroad Co.,
Wil., Charlotte & Ruth. R. R. Co.,
Northwestern N. C. Railroad Co.,
Western Railroad Company,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes :
All county purposes,

2,037
2,868
433
366
416
231
164
725
11

3.18

182

507

503

6
25
11

20
96
70
7
102
25
95

630

3,309

2,333

945

739

23
48
10
91
68
45
98
20

50
50
38
03
95

25
30

36
39
85
53
17
46

$ 18,27992

$ 10,988155

1870-'71. — Auditor's Statement.

751

1869.

No. 76.— WASHINGTON COU'TY.

J. M. BATEiLriN, Sheriff.
State Taxes:

Polls,

1 916

Land,

1,M0

Town lots,

280

Horses,

122

Mules,

18'

Cattle,

Hogs,

Sheep,

Farming Utensils,

6
31

18
79

Money on hand or on deposit.
Solvent credits,

70
160

76
36

Other personal property,
Net incomes and profits,

251

Circus or menagerie,

Ketail liquor dealers.

221

Merchants and other dealers,

296

Auctioneers,

Licensed retailers.

150

Seals of notaries public, ifec.

Marriage license.

122

Mortgage deeds,

Deeds admitted to registration.

Special Taxes:

William.ston ifc Tarboro' E. K. Co.,

212

Western N. C. Railroad Company,

1,116

Wil., Char. & Paitherford E. E. Co.,

797

Northwestern N. C. E. E. Company,

318

Western Eailroad Company,

239

Marion and Ashcville Turnpike Co.,
Gross amount.

i
1

$ 6,764

County Taxes:

All county purposes,

$ 3,881

statement £.

T52

1870-71. — Auditok's Statement.

Statement £.

1869.

No. 77.— WATAUGA COUNTY.

John Horton, Sherift'.

State Taxes.

Polls,

$ 659

Land,

1,172

Town lots,

Horses,

163

Mules,

Cattle,

173

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit.

Solvent credits.

Other personal property.

Collateral descents, demises, (fee,

Merchants and other dealers.

112

Studs and jacks.

Peddlers,

Marriage license.

Deeds admitted to registration,

Special Taxes.

Williamston and Tarboro' R. R. Co.,

164

Western North Carolina R. R. Co.,

861

Wil., Char, and Rutherford R. R. Co.,

615

Northwestern N. C. Railroad Co.,

246

Western Railroad Company,

184

Marion and Asheville Turnpike Co.,
Gross amount.

$ 4,702

County Taxes:

All county purposes,

% 6,680

1870-71. — Attditok's Statement.

753

1869.

No. 78.— WAYNE COUNTY.
John C. Khodes, Sheriff.

State Taxes :

Polls, 1,620.1.5 ; Land, 5,705.31 ;

Town lots, 1,097.53; Horses, 369.77 ;

Mules, 330.97 ; Cattle, 244.33 ;

Hogs, 144.47 ; Sheep, 18.00 ;

Farming utensils,

Money on hand or on deposit,

Solrent credits.

Other personal property.

Net incomes and profits.

Circus, 85.00 ; Concerts, 25 ;

Ten pin alley,

Retail liquor dealers.

Merchants and other dealers.

Hotels and boarding houses.

Studs and Jacks,

Horse drovers.

Commission merchants.

Licensed retailers,

Lightning rod men,

Seals of notaries public.

Marriage license, ^

Deeds in trust,

Deeds admitted to registration,

Delinquents for 1868,

Arrears for insolvents,

Sjyecial Taxes:
Williamston & Tarboro' Eailroad Co.,
Western North Carolina Eailroad Co.,
Wil., Char. & Eutherford E. E. Co.,
Northwestern N. C. E. E. Co.,
Western E. E. Co.,
Marion & Asheville Turnpike Co.,

Gross amount,

Ceunty Taxes :

\ All county purposes.

statement E.

7,325

1,467

575

162

212

244

158

687

138

110

158

807

575

279

368

47
69

30
30

47
16
90
98
27
60

62
52
90

75
25

72
75
70
90

912
4,791

3,422

1,368

1,026

136

59
06

20
87
66

$ 25,268

$ 10,802 43

764

18 70-' 71. — Auditok's Statement.

1869.

statement E.

j^o. 79.— WILKES COUNTY.

J. W. IIayes^ Sherift'.

State Taxes :
Polls,
Land,
Town lots.
Horses,
Mules,
Cattle,
Hogs,
Sheep,

Farming utensils,
Money on baud or on deposit,
Solvent credits.

Distillers ol liquors from grain,
On liquors distilled trom fruit,
Tobacco manufacturers.
Merchants and other dealers,
Hotels and boarding bouses.
Studs and jacks.
Licensed retailers,
Peddlers^
Marriage license,
Mortgage deeds.
Deeds admitted to registration,

/Sj)ecial Taxes :

Williamston & Tarboro' Eailroad Co.,
Western North Carolina Eailroad Co.
Wil., Char. & Eutherford E. E. Co.,
Northwestern N. C. Eailroad Comp'y,
Western Eailroad Comj^any,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes:
All county purposes,

1,146

2,270
61

279
86

252
78
30
12

103

368
6

150
12

210
6
25
99
20
76
11

50
39
17
09
01
53
33
56
24
88
91
65
3(>
50

95
40

285a

355

1,868

1,334

'533

400

!95
76
83
93
44

53 40

$ 9,902

S 6,783 70

99'

1ST0-'71. — Auditor's Statement.

No. 80.— WILSON COUNTY.
B. F. Bkiggs, Sheriff.

State Taxes :

Polls,

Land,

Town lots,

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farming ntensils,

Money on hand or on deposit,

Solvent credits.

Other personal property.

Net incomes and profits,

Circus or menagerip,

! Billiard saloons,

Retail liquor dealers,

Merchants and other dealers,

Horse or mule drovers,

Sellers of riding vehicles.

Licensed retailers.

Deeds in trust and mortgage deeds,

Special Taxes :

Williaraston & Tarboro' Eailroad Co.,
Western North Carolina Eailroad Co.,
Wil., Charlotte & Rutherford R. R.

Company,
Northwestern North Carolina R. R.

Company,
Western Railroad Company,
Marion & Asheville Turnpike Com-

j pany.

! Gross amount.

Ccninty To-Tes :
All county purposes,

Statement E.

1,468 32

2,41909

59405

260 47

205

155

152

136

707

749

309

290

150

524
2,755

1,968

787
590

27
37
25
57
79
31
41
65

$ 14,638

82
37

25
49

% 25,169182

756

1870-'71- — Auditor's Statemen'!.

statement E,

1869.

No. 81.— YADKIN COUNTY.

George Nicks, Sheriff.
State Taxes :

Polls,

% 1,057

Land,

2,194

Town lots,

Horses,

258

Mules,

Cattle,

118

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit.

Solvent credits.

298

Other personal property.

222

Merchants and other dealers,

140

Studs and jacks,

Licensed retailers.

Marriage license.

Deeds in trust.

Deeds admitted to registration.

Delinquents for 1868,

iipecial Taxes :

Williamston vfe Tarboro' Rail Road

Company,

325

Western North Carolina Rail Road

Company,

1,707

Wilmington, Charlotte & Rutherford

Rail Road Company,

1,219

Northwestern N. C. R. R. Company,

487

Western Rail Road Company,

355

Marion & Asheville Turnpike Co.,
Gross amount.

% 8,990

County Taxes:

All county purposes.

% 4,186

1870-71 . — Auditor's Statement.

757

No. S2.— YANCEY COUNTY.
W. E. Peakcey, Sheriff.

State Taxes.

Polls,

Land,

Town lots.

Horses,

Mules,

Cattle,

Hogs,

Sheep,

Farn:iiig utensils,

Money on hand or on deposit,

Solvent credits,

Merchants and other dealers,

Studs and jacks,

Marriage license,

Mortgage deeds,

Special Taxes:

Wilhamston & Tarboro' E. K. Co.,
Western North Carolina R. R. Co.,
Wil., Char. & Eutherford E. E. Co.,
Northwestern N. C. E. E. Co.,
jWestern Eailroad company,
Marion and Asheville Turnpike Co.,

Gross amount.

Count 1/ Taxes:
All county purposes.

616

735
23

145
39

130
33
20
19
21
61
29
10
26
4

113

593
424
169
127
16

3,363

statement E.

23
25
94
27
20
65
83
61
20
88
92

60
75

09
74
10
64
23
96

$ 2,023 97

758

r 0-'71. — Auditor's Statement.

STATEMENT F.

SHOWING THE AG(^REGATE AMOUNT OF STATE TAXES DERIVED
FROM THE VARIOUS SUBJECTS OF TAXATION IN THE STATE,
• AS TAKEN FROM SUCH UlSTS AS ARE ON FILE.

Statement P.

1889.

4 .. - - .-

Foils,

1 108,987

Land,

221,367

Town lots,

43,531

Horses,

23,418

Mules,

12,992

Cattle,

14,465

Hogs, 6,834.80; Shee]>, 1,757.35,

8,592

Farming utensils,

8,109

Money on hand or on deposit.

11,931

Solvent credits.

37,092

Stock in incorporated companies.

1,859

Other personal property.

32,067

Net incomes and profits,

8,184

Collateral descents, demises, etc.,

1,002

1 Travelling theatrical comjianies,

115

Concerts and musical entertainments,

190

Lecturers for reward,

Museums, wax-works or curiosities,

Circus or menagerie,

1,735

Side shows.

Itinerant companies or pei'sons wdio

exhibit for amusement of the pub-

lie.

5,252

Billiard saloons.

566

Ten pin alley, bowling saloon, &c.,

168

Retail dealers in spirituous, vinons or

malt liquors, selling in less quan-

tities tlian three gallons.

8,758

Wholesale dealers, etc.,

1,026

Distillers of spirituous liquors from

grain, potatoes, molasses and sugar

cane.

1,613

On liquors distilled from fruit.

1 1,322

Tobacco manufacturers,

j 2,118
1 27,480

iMercliants and other dealers.

1870-'T1. — Auditor's Statement.

'759

Hotels, boarding houses, (except
those for educational pui-poses)
restaurants and eating houses.

Gas companies,

Public ferries, toll gates and toll
bridges,

Gates across liigliways,

Money exchange, &c., broker private
banker, or agent of a fo: "^ign broker
or banker,

Playing cards,

Studs and jacks.

Horse or mule drovers,

Sellers (rf riding vehicles.

Auctioneers,

Commission merchants.

Keepers of horses or vehicles for hire,

Licensed retailers of spirituous li-
quors, wines or cordials.

Itinerant dentists, medical practition-
ers, portrait or miniature painters,
daguerrean artists,

Peddlers,

Itinerant lightning rod men,

Itinerant sellers of spirituous liquors,
&C.5 not product of their own farms,

Sellers by sample,

Banks, private bankers and Insurance
Co., (incorporated by the State,)

Insurance companies, (not incorpor-
ated by the State,)

Seals of notaries public, &c.,

Marriage license,

Deeds in trust and mortgage deeds

Deeds ot real estate, and other admit-
ted to registration,

Distress,

Subjects unlisted,

Delinquents,

Arrears for insolvents,

Railroads not otherwise listed,

Statement F.

1,182
346

191

108

580
48
977
454
132
122
1,654
377

12,037

342

1,040

215

3,709

9,634

1,802

48
08

83
90

50
89
05

10
59

37
50

89
53

3,993 46

184

1,565

933

248

1,131

25
76
59
62

760

1870-71. — AuDiroR's Statement.

1869.

statement F.

/Spcciai Tetxes :

Williamston & Tarboro' H. R. Co.,
"Western N. C. Eailroad Company,
Wil., Char. & Entliei-ford R. R. Co.,
Northwestern IST. C. R. R. Company,
Western Raih-oad Company,
Marion & Asheville Turnpike Co.,

Gross amonnt,

40,001

214,076

153,193

60,891

45,636

6,218

$ 1,142,691 02

82
72
36
83
79

1870-71. — Auditor's Statement.

761

STATEMENT G, statement G.

Showing the numler of acfi^es of land^ valuatmi of land
and the aggregate valuation of real estate, in every County
in the State, from which returns were received ]^rior to
September 30, 1869.

COUNTIES.

NO. ACRES
LAND.

Alamance,

Alexander,

Alleghany,

Anson,

Ashe,

Beaufort,

Bertie,

Bladen,

JBrimswick,

Buncombe,

Burke,

•Cabarrus,

Caldwell,

•Camden,

Carteret,

Caswell,

Catawba,

Ciiatham,

Cherokee,

Chowan,

Clay,

Cleaveland,

Columbus,

Craven,

Cumbl'd,

Currituck,

Davidson,

Davie,

Duplin,

Edgecomte,

Forsythe,

VALUATION
LAND.

235,662
151,154
119,356
312,123
239,137
392,078
351,251
508,9221
540,926
346,274
194,389
221,661
219,035
110,883
144,155
265,338
251,669!
494,712
1,205,993
80,948
99,060
274,255
393,218
469,640
471,666
142,392
345,861
162,535
453,562
322,295
208 580

VALUATION AGGREGATB

TOWN VALUE

PROPERTY. REAL ESt'tE

1,050,570
408,770
273,405
661,514
515,543
753,017
947,444
775,655
558,588
1,036.350
587,516
1,231,130
650,308
241,725
281,176
823,876
1,045,163
1,525,643
495,865
267,691
90,139
793,902
423,688
626,128
744,598
345,395
1,414,644
638,027
618,111
2,338,831
921,918

36,016
11,170
1,518
61,675
19,120
182,350
60,455
17,863
126,385
244,788
80,595
119,577
27,160
7,450
140,400
73,880
43,555
51,536
25,831
120,290
2,270
72,060
20,825
754,786
553,835
No report.
100,637
49,400
48,993
238,125
241,822

1,086,586
419,940
374,923
723',189
534,663
935,367
1,007,899
793,518
684,973
1,281,138
668,111
1,350,707
677,468
249,175
421,576
897,756
1,088,718
1,577,179
521,696
387,981
92,409
865,962
444,513
1,380,914
1,298,433
345,395
1,515,281
687,427
667,104
2,576,956
1,163,740

762

1870-'71. — AuDrroR's Statement.

VALUATION

AGGREGATE

statement. G

COUNTIES.

NO. ACRES
LAND.

VALUATION
LAND.

TOWN

VALUE

PROPERTY.

REAL ESt'tE

Franklin',

300,132

$ 1,187,072

8 190,970

S 1,378,042

Gaston,

220,556

746,832

17,355

764.187

Gates,

182,882

360,714

14,050

374,764

Granville,

487,927

1,987,380

295,712

2,283,092

Greene,

151,960

772,659

32,578

805,237

Guilford,

407,214

2,000,157

387,689

2,387,846

Halifax,

414,708

1,517,491

159,428

1,676,919

Harnett,

335,921

451,926

5,149

457,075.

Hajwood,

324,526

429,435

9,325

438,760

Henderson,

188,570

698,906

53,250

752,156

Hertford,

194,149

499,781

72,964

572,745

Hyde,

149,915

342,704

6,328

349,027

Iredell,

360,670

1,220,248

92,408

1,312,656

Jackson,

315,644

377,541

10,475

388,016

Johnston,

459,553

1,119^080

57,893

1,176,973

Jones,

203,496

517,649

13,425

531,074

Lenoir,

255,030

777,160

93,510

870,670

Lincoln,

177,247

804,860

108,977

913,837

Macon,

442,206

371,632

19,240

390,872

Madison,

207,616

279,711

4,560

284,271

Martin,

259,931

984,544

155,666

1.140,210

McDowell,

200,120

471,416

15,705

487,181

Mecklenb>

311,006

1,493,170

824,345

2,317,515

Mitchell,

194,307

217,071

1,492

218,563

Montcr'm'v,

278,300

455,114

6,937

462,051

Moore,

500,758

618,289

12,525

638,814

Nash,

310,075

760,937

11,685

772,622

jST Hanover

476,893

1,134,051

3,296,600

3,430,651

North'pton,

316,358

1,412,418

31,850

1,444,268

Onslow,

287,497

'518,515

22,790

541,3t>5

Oranffc,

267,589

1,235,743

174,317

1,410,062

l^asquot'nk.

124,870

650,992

208,480

859,470

Peiqnim-ns,

145,950

667,011

57,475

724,486

Person,

234,103

719,373

23,050

742,423

Pitt,

366,302

1,160,189

54,116

1,214,305.

Polk,

130,592

317,451

8,300

325,751

Randolph,

497.227

1,383,572

48,371

1,431,943

Richmond,

480,915

872,366

45,222

917,588

Robeson,

571,337

897,441

56,393

953,834

Rock'ham,

337,547

1,520,267

65,108

1,585,375

Rowan,

310,593

1,330,123

357,530

1,887,653

Rutherford,

302.988

779,917

51,045

'830,962

1870-'T1. — AuDiTOB^g Statement.

... , .— ; — ^

VALUATION

AGGEEGATE Statement G.

NO. ACRES

VALUATION

COUNTIES.

LAND.

TOWN
PEOPEETY.

VALUE
EEAL ESt'tE

•Sampson,

507,132

§ 696,173

$ 44,724

$ 740,897

Stanley,

238,341

440,032

8,760

448,792

Stokes,

258,462

661,152

15,826

676,978

Surrj,

284,609

839,680

36,670

876,350

Transylv'a

155,341

235,257

4,519

239,776

Tyrrell,

114,157

245,367

12,588

257,955

Union,

399,685

923,175

54,944

978,119

Wake,

572,427

2,455,965

1,270,357

3,726,322

"Warren,

317,976

1,146,657

123,850

1,270,507

Wasliin^t'n,

177,039

333,513

59,855

393,368

Watauga,

190,174

335,172

4,705

389,877

Wayne,

339,125

1,489,983

304,213

1,794,196

Wilkes,

383,574

681,331

18,210

699,541

Wilson,

202,036

690,972

169,731

860,703

Yadkin

209,874

629,764

18,668

648,432

Yancey,

147,997

197,608

6,643

204,251

26,871,860

$69,990,991

$ 9,566,353

$79,557,344

764

1870-71. — Auditor's Statemefp.

Statement H.

STATEMENT II.

SHOWING THE NUMBER OF POLLS IN THE SEVERAL COUNTIES O

THE STATE.

Counties.

No. Polls.

Counties.

No. Polls.

Alamance,

1,494

Greene,

1,045

Alexander,

G5S

Guilford,

,2725

Alleghany,

358

Halifax,

2,904

Anson,

962

Harnett,

1,040

Ashe,

923

Haywood,

812

Beaufort,

1,723

Henderson,

816

Bertie,

1,408

Ilerttord,

1,034

Bladen,

1,039

Hyde,

874

Brunswick,

1,121

Iredell,

1,669

Buncombe,

1,788

Jackson,

718

Burke,

905

Johnston,

2,074

Cabarrus,

1,644

Jones,

729

Caldwell,

764

Lenoir,

1,031

Camden,

609

Lincoln,

1,091

Carteret,

771

Macon,

78&

Caswell,

2,161

Madison,

811

Catawba,

1,042

Martin,

1,294

Chatham,

1,950

McDowell,

'746

Cherokee,

718

Mecklenburg,

2,256

Chowan,

754

Mitchell,

485

Clay,

336

Montgomery,

750

Cleavland,

1,072

Moore,

1,118

Columbus,

1,244

Nash,

1,335

Craven,

1,987

New Hanover,

2,510

Cumberland,

1,293

Northampton,

2,094

Currituck,

706

Onslow,

981

Davidson,

2,102

Orange,

1,868

Davie,

1,173

Pasquotank,

784

Duplin,

1,499

Perquimans,

667

Edgecombe,

2,863

Person.

1,287

Forsythe,

1,561

Pitt,

2,092

Franklin,

1,502

Polk,

313

Gaston,

1,040

Pandolph,

2,109

Oates,

1,174

Kichmond,

1,115

Granville,

883

Eobeson,

2,190

1870-'71.— Auditoe's Statement.

765

COUHTIKS.

'No. Polls.

Counties.

No. Polls.

Kockinoliam,

1,265

Wake,

3,165

Eowan,

1,973

"Warren,

2,197

Rutherford,

1,174

Washington,

873

Sampson,

1,919

Watauga,

637

Stanley,

802

Wayne,

1,539

Stokes,

1,117

Wilkes,

1,092

Snrry,

1,014

Wilson,

1,189

Transylvania,

459

Yadkin.

1,007

Tyrrell,

705

Yancy,

587

Union;

657

766.

statement I.

1-1 M
-I

<1 !^

C5 W

1-^

•A.

1— 1

H
H
-<

1-^

02
Hi

P
^

!?;

H O

1870-'71. — AitDiTOR's Statement.

fa «•

o w

O m

1-! O

fa 93
O H

C M

CI- M r- l~ CO O"! -t — Tf X •7"! «J 15 C. O ^ ■?} ^ 3» -^ -C T-l -H eo
l-t-^r-l^O-'t'CtrtOt-OaL.-t-OiO.-Q^X-f^JOJrHS?

3r3_t-<_t-__i-H_3i_t-__^_3:_^35 0? — ' i.-__Tt< :.'^ i-i o •* 25 ■*__->> or ci a *.«^

CI o> X "M CO >-i X i.'^ S-. g t- o o X o M T> c 1.6 ^7 ■* u5 06 lo ;5

gOi I- t- CQ CO O i-(
tM -fl'- «C CO l- CO
o_o_o^o_co__o_Qq^-*_

(M^co:rnc-*r-icoxcorHJom;0!0

iO-HO«!-tS-^'>iOOt-OCVXOr— 5iiC3;-^~. OC>■!-HO^-
Ol-OjO'+^-t^:^XCO-t^l^C:co-t^'1^0-t~. OXO-^ClTfCO
05_r-_CO_0 C0__O i—^ffl X__t- iO ■# L.O X rH S^tfl^O £~ Ol^X C0__C-5^T}<_t-^

-^co-OiftoOrhioooi-c

(OSrHOJCO-'l'asWi-lTHO^id'^

oco(3;cox-t<coo7coQ— (■^05iooo05o;po-'}coioSt-^S

;D I> 0_X^>C iC_!> O 01_« OO lC_X^Oi_COJX^t-__'^ !7J_0_CO_^C(J « o

«} r^ 1-1 -* O CO ^ CJ t- GO ?J T-1 ci ^ •
t- to -JSOi CD_CO__oq_C»_X__l-_r-<_-^_?>_CO_-

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coco I- M»-<tlr-i50Tj*l:-C0i-i loiS'-<r-ir-( t-ClCOJO

)(MTt(^lOXS>!MC:'tllO
l.-lCOt^QCOr-lr-l-*COO

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ilia- fe -o-sg .ggg-SsJgJJg I

iitiirl|i||llllil|i|tf1

000

1870-71. — Auditok's SrAi-BafTOrt:.

767

3tft.ton«Bt L

ZO'^'^ST-fS-^--^ ?1 30 rH ?> M N O '''^ N M O

^•",f<";0"e<rC'l Tti»C-3<!CO»«t-55COr)<COM>

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SSI

IC 35 3D f~- Iff XI «

• 55 o

SlSll^^^g^^SS^'St^S^^'^Jg^SSSSSgig

3> O rO r-l 3 30 b^JliJC Sjt- « ?b_t- S_t- 00 00 -*_o^4<_ -* t- ,H_«.<» t- « C\l- O^-*_t-^05 »o_u

•« a"

S 2 a

»<bCurtco.Ha5---3i:S»r?^ till =

E > P-

•2 s §'

^- _a ,

J c! c3 OS

f> o a»
100.-

S^J3<!$J^S

o _

S 2 *

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■ -a o
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statement I.

18-T0-'71. — A uditoe's" '.Statement.

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«

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r^)

/-\

Q H

1?;

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m
W

r/J

m
M
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00 ~. CO 0_Ci_i> a3_0_--3^'* C: ^__Tf< CO«i— I . ciClOOl-SoTfl

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co-*io— icoooco(«ciot--<i- Or-a5[-3:c5t-^M

T-'^i^^aD « 00 0_Tl<_C5_J> CJ_,-| Ctt t-_ M_0_rH_3; GO T-l 35 t- ■?»

O'r-To CO t-;f cT-tfcT-t^'o'cO -f -O" Co'co'o'y^'cO O TfTss'sL"

CO rH ,-1 15 -* tn ,-, CO CO CO ?I 71 (JJ OJ 1-1 M io ■*

m-MGOi— iiiOCi-iHi— icoio3502i— I mt-ic-

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rH_o C0__r-<_0 lO -^ i,^ CO C5 O? 0-1 Ol

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k^j t- tj;*' (.'J I- 1—1 lO i> tH <X) O i^t^ -^ CO C"! ^ CO O T— I CS rH W^ iO
COOC;cOCOr-lOi-<COOCJCO-*010000»C05CJ«000
" """"QOT-llCCOOitlOOOC^OOlOCBinCO^

COCOCO:OOC035COXil-COTHt^OO:cn.-' t- t^ CO 35 <NJ CS
S25S;2'^^S'?'^2'^S«030C5rH10.-^3500C■l?DThOOO
C0_Cl_3i_O r-l_3w_CO_^O^lO O CO -* l~ CJ i-i CI i-( CO O O O ^^ i— I

CO CO CO iO co'cj'i-To'o't-^ t^»3r»o"»o";o"co CO oTcf cTco""?"

s::fgs;35Sr;^^j'S;^^S'^'^'»'^'»^ococoioa3oc:r>

3;__10_0^0_C}_TlH_i>_00_l- O00 1Ci-'50C0t-35^i>lC»0-*l--

Sn^^r'^^^^T-iCOtD^DC-OiOlOiHi— icli— l^t--*^

g»cot-icocjio.-icoGo?ni-ic>S5355i;-<o«)a5Mt-

COC1C0 1O3-. C3-Ol-OieOCOi><»COCiM^I^COO!oS

P^£^SJ'^^92^'^'^.-'3:!>Cli-l'-HOi^OC}r-(t-0>-l
l-^0_CT_0_r-t 55.C<J_50_'*_l- tttr:35r-iC02000Ol--C5l0rSt-

cj'ig N o I— I o i<?^':<£i~x£\n'^'^'j-X\r>'^':<^TA\o-^in'S

rjlrfimcsi— iCfi— IOOt--i<L-OC:U0C0Cic5c0 3:OC0i*l
T-( i-IC1i-li-l»-l ,_|rHr-(

co__'io CO ^^o CO o_co cocoScoco^ooo^coS-S^JuoSo

5"^ '-<''-r co" r-rr-rcf-ri-rr-ri-Ti-r i-Tcfr-r

,42 a
o c.a

ci i» fc.
!- rt o
CPhPh

-g "3 §

1870-"ri. — ArDiTOK's Statement.

76»

uToo'iM in o

^- _-. ^o -# «

3iK & 3d o

GO
•*

■* e 1-1 ^ o

§
X

; t- »n CO OJ
) lO O 1-1 <M

g * ?• I- -# O

OOOM CO XI
1 IC GO »- CO C5
'co t- O -* l-

o ■'•- = = r"'

c ?; o ■::: r'

Statement I.

770

1870-'71. — Auditor's Stateme2tt.

Recapitulation

EECAPITULATION,

Showing the Aggregate Number a>^d Value of Horses,
Mules, Cattle, Hogs and Sheep in the State.

Horses,
Mules, .
Cattle, .
Hogs, .
Sheep, .

NUMBER.

114,406

51,614

618,263

1,194,351

499,175

VALUE.

7,195,007
3,987,796
4,488,138
2,167,038
539,612

1870-'71. — Auditor's Statbmmtt.

771.

STATEMENT J, StatemeBt J.

jhowing the Amount of Clauvis Audited and Due on
Sundry Accounts remaining unpaid by the Public
Treasurer, to the 1st of October, 1870.

Dn
bn
On
n
On

I On
I On

On
On

account of Presidential and Senatorial
election,

account of Turnpike in Craven and Car-
teret counties,

account of Marion & Aslieville Turn-
pike Company,

account of Korth Carolina Agricultural
Society,

account of keeping, maintaining and
conveying convicts to Penitentiary,
account of Contingencies,
account of resolutions of General As-
sembly,

account of Quarantine Regulations,
account of wages of Common School
Teachers,

APPENDIX,

Giving Statements of SnEKiFfS and Tax Collectors who

HAVE ILADE SETfLEMENTS OF TaXES FOE 1870,

PEioR TO September 30th.

.APPENDIX.

Ko. 1. ALEXANDER COUISTTY.

H. ^Y. Mays, Sheriff.

State Taxes :

White }3olls,

639

Colored polls,

Land,

804

Town lots,

Horses,

100

Mnles,

Jacks,

Jennetts,

Goats.

Cattle,

Hogs,

Sheep,

Farming utensils, lSjc,

9
3

72
81

Money on hand or on deposit,

Solvent credits,

Other personal property,
Retail liquor dealers.
Merchants and other dealers.

30
8
9

55
26
39

Hotels and boarding houses,

Licensed retailers.

Marriage license,

Mortgage deeds,

Deeds admitted to registration,

/Special Taxes:

For tlio erection ot Penitentiary, &c.,

491

For the support of public schools,
Marion &: Ashevihe Turnpike Co.,

Gross amount,

491

09
46

$ 3,009

County Taxes :
■All county purposes,

$ 6,186

Appendix to
Statement' E.

776

18 70-' 71. — Auditor's Statement.

Appendix to
Statement E.

iSTo. 2.— BUEIvE COUNTY.

B, C. Perkins, Sheriff.

State Taxes :

White polls,

Colored polls,

Land,

Town lots,

Horses,

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

[Solvent credits.

Stock in incorporated companies.

Other personal property,

[JSTet income and profits,

Merchants and other dealers.

Retailers of liquors,

Itinerant lightning rod men.

Marriage license.

Deeds in trust and mortgage deeds,

Deeds admitted to registration,

iSjpecial Taxes :

For the erection of penitentiary, ifec,
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

County Taxes,
All county purposes.

784

226

1,140

173

80
79

60
60
30
13
21
83
93
35
04
59 23
28189
10!05

9
25
92

120

5
63

719

11
23
11
04
19
51
38

$ 4,497

43
43
16

$ 6,929 08

1870-71. — Auditok's Statement.

777

^0. 3.— CALDWELL COU^^TY.

K. E. McCall, Sheriff. i

State Taxes:

White polls,

615

Colored polls, \

126

Land,

1,284

Town lots,

Horses,

Mules,

Jacks,

Jennetts,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hrnd or on deposit,

Solvent credits,

110

Stock in incorporated companies.

Other personal property,

Net incomes and profits,

Merchants and other dealers,

2-1

Marriage license,

Deeds in trust,

Deeds admitted to registration,

Special Taxes:

For the erection of penitentiary, &c..

782

For the support of public schools.

782

Marion & Asheville Turnpike Co.,
Gross amount,

$ 4,426

0»

County Taxes:

All county purposes.

% 6,360

Appendix to
Statement E.

77a

1S70-'71. — Al'ditos's Statement.

Appendix to

Xo. 4..— CABAERUS COUNTY.

A. F. HuKLEY, Sheriff.

State Ta^.es :

White polls, 1,150.G0 ; colored polls,

576.40,

S 1,727

Land, 2,471.01 ; town lots, 243.64,

2,715 25

Horses, 218.67 ; mnles, 136.24,

354

Jacks, 25.04; jennetts, 00.23,

Goats, 00.10 ; "cattle, 87.09,

Hogs, 56.92 ; sheep, 7.86,

Farming utensils, <A:e.,

Money on hand or on deposit,

163

Solvent credits,

584

Stock in incorporated companies,

Other personal property,

190

Net incomes and prolits,

Railroad franchise,

Circus or menageries.

Ten pin alleys, &c..

Retail liqnor dealers, ;

, 58

Merchants and other dealers,

117

Hotels and boarding houses,

Itinerant dentist.

Peddlers,

Itinerant lightning rod men,

Itinerant liquor dealers,

Marriage licenses, &c..

105

Delinquents for 1869,'

113

tSjyecial I'axes :

For the erection of penitentiary, Arc,

1,766

For the support of ])ublic schools.

1,766

Marion and Asheville Turnpike Com-

pany,

Gross amount,

106

$ 10,250

County Taxefi :

All county |)urposes,

% 7,702

1 8T0-' 71 . — Auditor' s Statement .

779

1
1

No. 5.— CASWELL COUNTY.

t
i

Tfios. N. Jordan, Tax Collector.

StaU Taxes:

White polls,

S SS3

Colored polls,

1,107

Land,

1,535

Town lots,

12140

Horses,

174 36

Mules,

Jacks,

Jenuetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

110

Solvent credits,

251

Other personal property.

Net incomes and profits,

Eailroad franchise.

JRetail dealers.

257

Merchants and other dealers,

Marriage license.

Deeds in trnst and mortgage deeds.

Sj)ecial Taxes:

For the erection of penitentiary, &c..

1,080

jFor the snpi^ort of public schools.

1,080141

^Marion and Asheyille Turnpike Co.,
Gross amount.

6482

$ 7,250

County Taxes:

All county purposes,

$ 5,561

Appendix to
Siatement E>

780

1S70-'71. — Auditor's Statement.

Appendix to
Statement E.

1869.

Xo. 0.— CRAYEN" COUNTY.
John Patterson, Tax Collector.
State Taxes :

White polls,

$ 1,289

Colored polls,

1,137

Land,

1,267

Town lots,

l,533i08

Horses,

134^77

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farmhig utensils, &e.,

Money on hand or on deposit,

Solvent credits.

Stock in incorporated companies,

Other personal j^ropertj.

529

Net incomes and profits,

205

Collateral descents,devises and bequests,

Special Taxes :

For the erection of Penitentiary, vfec.

1,638

For the support of public schools.

1,638

Marion & Asheville Turnpike Co.,
Gross amount,

1
1

S 10,162

County Taxes:

All county purposes,

$ 18,104

1870-71. — Auditor's Statement.

781

^o. 7.— CAMDEN COUNTY.

Abnee Aydlett, Slierift'.

State Taxes:

White polls,

Colored polls,

Land,

Town lots,

Horses,

Mnles,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits.

Other personal property,

Merchants and other dealers,

Auctioneers,

Licensed retailers.

Marriage license,

Deeds in trust and mortgage deeds.

Deeds admitted to registration,

S2)ecial Taxes :

For the erection oi penitentiary, &c..
For the support ot public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

County Taxes
All county purposes,

Appendix to
Statement; £.

496

464

177
26
18
24

281

20
57
80
14
06
69
38

80
22
41
01
90
28
T8

% 2,181

% 8,976

99
99
92

782

1870-'71.— Auditor's Statement.

Appendix to
Statement E.

No. 8.— DAVIE COUNTY.
J. M. Johnson, Tax Collector

State Taxes:

White polls,

$ 876

Colored polls.

414

Land,

1,319

Town lots,

102

Horses,

161

■"**■■*'

Mules,

Jacks,

Goats,

Cattle, t

Hogs,

Sheep,

Farming utensils, etc..

Money on hand or on deposit,

Solvent credits,

110

Other personal property,

109

Collateral descents, devises and be-

quests.

Retail liquor dealers.

Distillers from grain, t&c,

Merchants and other dealers.

Hotels and boarding houses,

Public ferries, toll gates, &c..

Marriage license,

Deeds in trust and mortgage deeds,

Deeds admitted to registration.

S])ecial Taxes :

For the erection of a Penitentiary,

r
&C.,

868

Marion and Asheville Turnpike Co.,

For the support of public schools,
Gross amount,

868

% 5,423

County Taxes :

All county purposes.

S 4,500

1S70-' 71 . — Auditor's Statement.

783

No. 9.— DUPLIN COUNTY.

Bland Wallace, Sheriff.

StaU Taxes:
White polls,
Colored polls,

Land, 1,236.4:1 ; Town lots, 133.12,
Horses, 159.85 ; Mnles, 65.20,
Jacks,
Jennetts,
Goats,
Cattle,
Hogs,
Sheep,

Farming utensils,
Money on hand or on deposit,
Solvent credits,

Stock in incorporated companies,
Other personal property.
Net income and profits.
Collateral descents.
Retail dealers.
Wholesale dealers,
Merchants and other dealers.
Hotels and boarding houses.
Commission merchants.
Licensed retailers.
Itinerant dentists, &c..
Seals of notaries public.
Marriage license.

Deeds in trust and mortgage deeds.
Deeds admitted to registration.
Delinquents for 1869,
Arrears for insolvents 1868 and '69,

Sjyecial Taxes:
For the erection of penitentiary, c^c.
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

County Taxes:
All county purposes.

Appendix to
Statement E.

$ 1,122
683
1,369

225

125

59
12
50
24
112

184

128

117

10
53
05
47
45
34
41
78
16
30
70
19
10
99

16
59
50

81
50

25.

115
16
91

865

87
74
15

90
95

6 6,484

% 8,025 08

784

1870-71. — Auditor's Statement.

Appendix to
Statement E.

No. 10.— GASTON" COUNTY.

G. W. McKee, Sheriff.

State Taxes:

White polls,

$ 877

Colored polls,

299

Land,

1,817

Town lots.

Horses,

152

Mules,

150

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming Utensils,

Money on hand or on deposit,

151

Solvent credits,

229

Stock in incorporated companies,

Other personal property,

145

Net incomes and profits,

Eetail dealers,

Merchants and other dealers,

Hotels and boarding honses,

Itinerant dentists,

Marriage license.

Deeds in trust and mortgage deeds,

Special Taxes:

For the erection of penitentiary, &c..

1,241

For the support of public schools,

1,241

Marion & Asheville Turnpike Co.,
Gross amount,

$ 6,832

County Taxes :

All county purposes,

$ 5,914

1870-71. — Auditor's Statement.

785

IS^o. 11.— GUILFORD COUNTY.

E.. M. Staffoki) Sheriff.

State Taxes.

White polls,

Colored polls,

Land,

Town lots,

Horses,

Mules,

Jacks, 106 ; Jennets, 57c.; Goats 9c.,

Cattle, 159.60 ; Hogs, 68.75,

Sheep,

Farming ntensils, &c..

Money on nand or on deposit.

Solvent credits,

Stock in incorporated companies^

Other personal property,

ISTet incomes and profits.

Collateral descents, devises, &c.,

Railroad franchise.

Circus or menageries,

Retail dealers.

Merchants and other dealers.

Hotels and boarding honses.

Spirituous, vinous or malt liquors,

Keepers of horses or vehicles for hire

Licensed retailers.

Seals of notaries public, efec.

Marriage licenses,

Deeds admitted to registration.

Subjects unlisted,

Special Taxes :
For the erection of penitentiary, &c.,
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes :

All county purposes.

Appendix to
Statement E.

2,025

473

3,825

929

319

117

228

324

458

412

268

215

160

242

280

114

215

130

2,777

166

46
44

65
06
11
72
35
04
21
04
70

82
05

$ 16,490

$ 12,90213

83
46

05
05
62

786

1870-'71. — Auditor's Statement.

Appendix to
Statement E.

No. 12.— GKEEN COUNTY.

W. J. Taylok, Sheriff.

State Taxes :

White Foils,

% 366

Colored polls,

351

Land,

1,557

Town lots,

Horses,

133

Mules,

120

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit^

Solvent credits,

154

Stock in incorporated companies,

Other personal property.

197

Net incomes and profits,

Billiard saloons,

Retail liquor dealers,

140

Merchants and other dealers,

Hotels and boarding houses,

Insurance companies.

Marriage license,

Deeds in trust and mortgage deeds.

120

Deeds admitted to registration,

100

SiKcial Taxes:

For the erection of penitentiary, c%c.,

1,026

For the support of public schools.

1,026

Marion & Asheville Turnpike Co.,
Gross amount,

% 5,907

County Taxes:

All county purposes,

$ 6,040

lS70-"ri.— Atdirok's Statement.

787

No. 13.— HAYWOOD COUNTY.

J. L. Smathees, Tax Collector.

State Taxes.

White polls,

% 953

Colored polls,

Land,

620

Town lots,

Horses,

133

Mules,

Jacks,

Jennetts,

Cattle,

109

Hogs,

Sheep,

Farming utensils, etc.,

Money on hand or on deposit,

Solvent credits,

Other personal property,

Retail licpior dealers,

Merchants and other dealers,

Public ferries, toll gates, bridges, &c..

Licensed liquor retailers,

Itinerant dentists, &c..

Marriage license.

Deeds in trust and mortgage deeds.

Deeds of real estate,

Special Taxes.

For the erection of penitentiary, &c.,

539

For the support of public schools,

539

Marion <k Asheville Turnpike Co.
Gross amount,

8 3,320

County Taxes:

All county purposes.

% 3,744

Appendix to
Statement E.

788

1 8 70-' 71 . — ArDiTOR's Statement.

Appendix to
Statement E.

No. 14.— IREDELL COUNTY.

W. F. Wasson, Sheriff.

State Taxes:

White polls,

$ 1,237

Colored polls,

406

Land,

2,428

Town lots,

184

Horses,

274

Mules,

152

Jacks,

Jennetts,

Goats,

Cattle,

121

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

Solvent credits.

303

Stock in incorporated companies,

Other personal property,

112

79-

Net incomes and profits,

Circns or menagerie,

Merchants and other dealers,

Hotels and boarding houses,

Licensed retailers,

Marriage license,

Deeds in trust,

Deeds admitted to registration,

Sjoecial Taxes:

For the support of penitentiary, &c.,

1,580

For the support of public schools,

1,580

Marion and Asheville Turnpike Co.,
Gross amount.

$ 8,984

County Taxes:

All county purposes,

% 10,020

IS TO-' 71. — Auditok's Statement.

789

Iso. 15.— MACOK COUNTY.

J. M. IloANE, Sheriff.

State Taxes.

White polls,

1 886,

Colored polls,

Land,

777

Town lots,

Horses,

150

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit.

Solvent credits.

Other personal property,

Collateral descents, &c.,

Distillers from grain,

Deeds admitted to registration,

Special Taxes:

For the erection ot penitentiary, &c..

528

For the support of public schools.

528

Marion and Asheville Turnpike Com-

pany,

Gross amount,

^ OyJOV

County Taxes :

All county purposes.

$ 6,947

Appendix io
Statement E.

790

1 S70-' 71 . — Auditor's Statement.

Appendix to
Statement E.

Xo. 16.— McDowell county.

J. H. Duncan, Sheriff.

State Taxes :

White polls,

Colored polls,

Land,

Town lots,

Horses,

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils, ^Sjc,

Money on hand or on deposit.

Solvent credits.

Other personal propert}-.

Deeds in trust and mortgage deeds.

Deeds admitted to registration,

Special Taxes.

Fortbe erection of penitentiary, c^rc,
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

Coanty Taxes,
All coimty ])urposes, .-

1870-'71. — Auditor's Statement.

791

ISTo. 17.— MONTGOMERY COU'TY.
P. C. Riley, Sherifi'.

State Taxes :

White polls,

Colored polls.

Land,

Town lots,

Horses,

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits,

Other personal property.

Retail liquor dealers,

Merchants and other dealers,

Hotels and boarding houses,

Licensed retailers,

Marriage license,

Mortgage deeds,

Deeds admitted to registration,

Distress,

Special Taxes :

For tlie erection of penitentiary, &c.,
For the support ot public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

County Taxes :

All county purposes,
48

631

253
910

13
108

71
19
12

48
19

7
10

4
50
40

2
13

Appendix to
Statement E.

549

549
32

$ 3,458

$ 9,26249

45
30
54
58
08
54
47
08
02
34
45
84
75
70
74
01
12
10

60
54

01
94

79^

1870-71. — Auditor's Statement.

Appendix to
filatcment E.

No. 18.— MECKLENBURG C'TY.

E. M. White, Slieriff.

State Taxes:

White polls,

% 1,623

Colored polls, 933.90 ; Land, 3,272.81,

4,206

Town lot^, 1,515.29 ; Horses, 269.26,

1,784

Mules, 227.07 ; Jacks, 1.81,

228

Jennetts, 0.30 ; Goats, 0.47,

Cattle,

145

Hogs, 76.81 ; Sheep, 10.15,

Farming ntensils,

200

Money on hand or on deposit.

273

Solvent credits,

945

Stock in incorporated companies,

Other personal property.

1,224

Net incomes and profits,

745

Concerts,

Circus or menagerie.

Billiard saloons,

Retail dealers.

514

Merchants and other dealers.

766

Hotels and boarding houses,

Money exchange.

100

Auctioneers,

Spirituous, vinous or malt liquors.

Keepers of horses.

Pedlers,

Insurance companies out of State,

696

Seals of notaries public.

Marriage license.

Deeds in trust.

Deeds admitted to registration,

114

Dehnquents for 1869,

fSj)ecial Tax£s :

For tlie erection of penitentiary, &c.,

3,285

For the support of public schools,

3,285

Marion & Asheville Turnpike Co.,
Gross amount,

197

$ 20,929

County Taxes :

All county purposes, 1

$ 22,206

1870-71. — Auditor's Statement.

79^

TsTo. 19.— ONSLOW COUNTY.

Elijah Mtikrill, Sheriff.

Skcte Taxes.

White polls,

$ 680

Colored polls,

301

Land,

1,018

Town lots,

Horses,

Mules,

Jacks,

Jennetts,

Cattle,

Hogs,

Sheep,

Farming utensils, &c.,

Money on hand or on deposit.

Solvent credits.

Other personal property.

Merchants and other dealers,

266

Licensed retailers.

Marriage licenses,

Deeds in trust and mortgage deeds.

Special Taxes:

For the erection of penitentioary, &c.

638

For the support of public schools,

638

Marion & Asheville Turnpike Co.,
Gross amount.

$ 4,196

County Taxes:

All county purposes.

S 8,210

Appendix to
Statement E.

794

1870-'71. — Auditor's Statement.

Appendix to
iStatement E.

Xo. 20.— STANLEY COUNTY.

Joseph Marshall, Sheriff.

State Taxes :

White polls,

Colored polls,

Land,

Town lots.

Horses,

Mnles,

Jacks,

Jennetts,

Cattle,

Hogs,

Sheep,

Farming utensils, &c..

Money on hand or on deposit,

Solvent credits.

Other personal propert}'.

Merchants and other dealers.

Licensed liquor retailers.

Marriage licenses.

Deeds in trust and mortgage deeds,

Deeds of real estate,

Special Taxes :

For the erection of penitentiary, &c.,
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount,

County Taxes:
All county purposes,

647
90

824
20

148
42

103

107

32
18
87
93
81
36
52
15
32
21
23
42
96
45
36
56
97
60
65
64

520

3,314

27
27
21

1$ 5,386 83

1870-71. — Auditor's Statement.

795

1^0. 21.— SAMPSON COUNTY.

A. S. C. Powell, SheriiF.

State Taxes:

White polls,

$ 1,357

Colored polls,

776

Land,

1,219

Town lots,

Horses,

191

Mules,

Jacks,

Jennetts,

Goats,

Cattle,

126

Hogs,

Sheep,

Farming utensils, &c.,

Money on hand or on deposit.

Solvent credits.

135

Stock in incorporated companies,

Other personal property.

Merchants and other dealers.

Licensed retailers,

143

Marriage licenses,

Deeds in trust and mortgage deeds.

Deeds admitted to registration.

Special Taxes :

For the erection of penitentiary, &c.,

915

For the support of public schools.

915

Marion & Asheville Turnpike Co.,
Gross amount.

{
i

$ 6,417

Covnty Taxes:

All county purposes,

$ 8,442

Appendix to
Statement E.

796

1870-'71. — Auditor's Statement.

Appendix to
Statement E.

No. 22.-TKANSyLYANIA C'TY.

J. H. Lanning, Sheriff.

State Taxes :

White polls,

$ 364

Colored polls,

Land,

453

Town lots.

Horses,

Mnles,

Jacks,

Jennetts,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils,

Money on hand or on deposit,

Solvent credits.

Other personal property,

Merchants and other dealers,

Hotels and boarding houses,

Licensed retailers,

Marriage license,

Deeds in trust.

Deeds admitted to registration,

Sjjecial Taxes :

For the erection of penitentiary, &c.

277

For the support of public schools,

. 277

Marion & Asheville Turnpike Com-

pany,

Gross amount,

$ 1,755

Coimty Taxes:

All county purposes,

\% 5,852

1870-71. — Auditor's Statement.

797

No. 23.— UNION COUNTY.
J. J. Hasty, Sheriff.

State Taxes :

"White polls,

Colored polls,

Land,

Town lots,

Horses,

Mules,

Jacks,

Goats,

Cattle,

Hogs,

Sheep,

Farming utensils.

Money on hand or on deposit,

Solvent credits.

Other personal property.

Circus,

Merchants and other dealers,

Distillers of liquors.

Marriage license.

Deeds in trust,

Special Taxes:

For the erection of penitentiary, &c.,
For the support of public schools,
Marion & Asheville Turnpike Co.,

Gross amount.

I 1,036 60

County Taxes :
All county purposes,

Appendix to
Statement E.

162

1,588

204

141

157
39
20
22
80
212
193
40
25
11
60
36

1,227

80
80
41
36
16
50
05
96
69
39
15
67
59
86

$ 6,662

42
42
64

% 10,43645

INDEX

TO THE

PUBLIC ACTS AND RESOLUTIONS,

OF THE

GENERAL ASSEMBLY OF NORTH CAROLINA,

PASSED AT ITS

SCSSION OF 1870-'71.

INDEX

TO THE

PUBLIC ACTS.

laws.

Page.
ACTIONS:

Act to provide for the rcmoyal of certain actions from one

Judicial District to another, 5G Index to public

"Act to suspend C. C. P., in certain cases, . ... 92

How civil actions to be commenced, &c., - - - - 92

" Act to repeal an act to provide the manner of bringing sui+

ao-ainst Railroad Companies, ratified April 12th, 1869," - 445
ADMIXISTRATORS AND EXECUTORS:

" Administrators to renew bonds in Clay county," - - 63

" Act in relation to the bonds to be given by administrators

executors and collectors, - - - - - - - 154

Section 468 C. C- P., amended; proviso, . . . . 154

AGRICULTURAL SOCIETIES :— (See Fair Grouxds.)
ALAMANCE :

" Act to extend the time for collecting and paying over taxes

in Alamance and Caswell counties, 48

Time extended until Feb. 1st, ISVl, 48

" Act in relation to an election to fill the vacancy in the 2Cth

Senatorial District." - - 50

" Act to aiTthorize the county commissioners to revise tlie jury

list of Alamance county," - - - - - - - 153

" Act to authorize the commissioners of Alamance county to

levy and collect a special tax," ,318

Amount and object of tax; proviso, ----- ,",18
ALBEMARLE AND CHESAPEAKE CANAL COMPANY:

" Act to amend an act to provide for the enlargement, increase
of depth and completion of the Albemarle and Cliesapeake
Canal, ratified Feb. 2d, 1857, ind to repeal and amend

other statutes, 26*7

ALBEMARLE AND CHESAPEAKE CANAL CO. :— (CoNTixuKn,)

Conditional repeal of j^ri^ate laws 1857, chap. 40, sec. 2, - 207
Company may subscribe to capital stock of other canals, - 207

800 1870-'71.— Index to Pi-blic Acts.

Page.

Kt-ijeal of previous net ill relfttion to State bonds, - - 2(57

Index to public ,, ,. . , , , • ^ ^l ,.,.„.

laws. JNo proceedings to be had against the companj'ior torfeiturc, 208

ALBEMARLE SWAMP LAND COMPANY:

Authorized to construct a railroad in Beaufort county, - 24 C
ALEXANDER :

" Act to authorize the count}' coniniissioners to levy a special

tax," 357

Object of special tax, 357

Amount ; question to be submitted to voters, - - - 358
ALIENS :

" Act to enable aliens to take, hold and con vej- lands," - - 410
ALLEGHANY :

" Act to change the line between AVilkes and Alleghany

counties," - - - - - - - - - - 193

" Act to amend laws 1869-70, chap. 6G, to construct a road

through the counties of Ashe and Alleghany," - - . 223
" Act to lay out and construct a public road from the town of

Sparta, in Alleglmny county, to the Yirgiuia line," - - 224
AMENDMENTS:

" Act to alter cliap. 6, Revised Code, concerning the North

Carolina Institution for the Deaf and Dumb and the Blind," 88
"" Order of the House of Representatives relative to the amend-
ment of article VIII of impeachment of William W.
Holden, governor of North Carolina, - - - - 110

" Acb^o amend an act to regulate the manner of applying for

pardons, laws 1869-70, chap. 171," 116

" Act to amend an act relative to the AYestorn Turnpike Road

leading from Asheville westward," 147.

AMENDMENTS :— (Continued,)

" Act to amend act to incorporate the Atlantic, Tennessee and

Ohio Railroad Company," 1 50

Section 468 C. C. P., amended, 154

•' Act supplemental to act in relation to the fowling interests

in the waters of Currituck Sound," 163

" Act to amend act concerning powers and duties of State

officers^ - - - 172

Section 21 of oi-dinance of June 23d, 1866. (re-enacted March

14th, 1868.) amended, 174

" Act to amend laws 1869-70, chap. 122, sec. 1, relative to

entiies of land in Jackson county," . - . - - 183
" Act to amend act to raise revenue, laws 1869-70, chap. 229,

sec. 18," - 187

" Act to amend laws 1868-69, chap. 93, sec. 47, in reference

^ to actions for divorce," 189

" Act to amend the charter of Chooah Turnpike Company," - 196
" Act to amend laws 1868-'69, chap. 8, sec. 9 and 10," - - 200

1870-71. — Index to Public Acts. 801

Page.

"Act to amend laws 1868-'69, chap. 160," - . . . 213 Index to public

laws.
"Act to amend laws 18G9-"i'0, chap. 66," - - - - 223

" Act to amend laws 1868-69, chap. 208, sec. 1. concerning

the election of commissioners of navigation and pilotage," 252
" Act to amend act to declare the Brevard French Gap and

Jones' Road a tm-npikc," 293

Act to amend an act to provide for the collection of taxes, ifec.,

ratified March 28th, 1 8*70. - 294

Act to amend act to incorporate Planters' Railroad Company, 314
Act to amend laws 1868-'C9, chap. 201, sec. 31, concerning

guardian and ward, 315

" Act to amend act in relation to proceedings in contempt," - 336
" Act to amend Revised Code, chap. 37, sec. 23, concerning

deeds and conveyances," 338

" Act amendatory of proceedings in Habeas Corpus," - - 348
" Act of March 1869, in relation to Asylums, amended," - 3*74

" Act to amend act to define and punish bribery," - - 378

" Act to amend laws 1868-69, chap. 184, relating to public

instruction," - - 387

" Act to amend sections 266, 268, 269, 270, 271, C. C. P., - 399

" Act to amend the charter of Caldwell and Watauga Turnpike

Company," 400

" Act to amend the charter of Planters Railroad Company and

for otlier purposes," 412

"Act to amend laws 1869-70, chap. 106." - - , - 416
" Act to amend laws 1868-69, chap. 93, sec. 14, relative to

widows years' support," ------- 429

" Act to amend the charter of Wilmington and Tarboro' Rail-
road Company," 443

ANNEXATION :

Of part of one county to another, — (See Counties.)
ANSON:

" Act for the relief of G. B. Tlireadgill and J. L. Moore, former

sheriff of Anson and Macon,"- 137

May collect arrears of taxes ; proviso, - - - - 187

" Act to authorize the commissioners of Anson to levy a special

tax for county purposes," 233

Limit ; object ; manner and time of collection, - - - 233
" Act to authorize the commissioners of Anson to issue bonds," 324
APPROPRIATIONS :

" Act in relation to special tax monej' in the Treasury," - 55

^150,000 appropriated to expenses of State government, - 55
To Insane Asylum $20,000 ; to Asylum for Deaf and Dumb,

and Blind, $15,000; to Penitentiary $15,000, - - 55

" Act in relation to the pay of witnesses attending the court

of impeachment," -116

%]fe ■IB'p'ft-'Tl. — INTn^x TO Pur.Lic Acts.

Index to piUilic ■'■•** Page.

aOtW"'i otzsLp' _^pproPRIATION8— (liuNTiNiED.)

Componsation ■'?l,nO per clay and H) cents per mile for

travel, - 115

To whom applicable; clerk of Senate to g-ivo certificate, lir>

"Act in relation to the capitol square and pnblic gnnmds in

the city of Raleigh and for other purposes, - - - 142
f^fiOn appropriated ; all accounts for labor, <tc., to bo sworn

to, - - - 142

Secretary of State to certify, <l-c. ; accounts for fuel to bo

sworn to. 142

" Act to provide for the payment of the necessary expenses on
requisition of the governor for fugitives from justice in
other States," - - - - - - - - - 145

" Act to authorize the ])ul>lic treasurer to paj- money to erect

the Penitentiary," HG

"Act providing for the support of the Insane Asylum for the

next fiscal year," 190

Forty thousand dollars appropriated, .... 190

" Act making an appropriation for the Deaf, Dnml) and P.lind

Asj'lum." ......... 205

Appropriation of .>;40,00O ; treasurj' to pay amount, . . 205
(See Resolutions.)
ARREARS OF TAXES:— (See Taxes.)
ARSENAL :

Charge of, connaitted to the keeper of the capitol, . - 2Q,?,

ARSON:

Made punishable witli death, 349

ARTICLE OF IMPEACAMENT:— (See Impeachmext.)

ASHE :

" Act to laj- out and construct a road through the county of

Ashe," 221

" Act to amend laws 18G9-'70, chap. GO, to construct a road

through the counties of Ashe and Alleghany," . . 22."

" Act to lay out and construct a road in the county of Ashe," - 439

Location ; description and grade ; commissioners to establish, 4.".9

Condemnation of propert}-, 440

County commissioners may call out hands ; proviso, - - 440
ASIIEYILLE AND VIRGINIA RAILROAD COMPANY:

" Act to incorporate," S93

ASSAULT WITH INTENT TO KILL:— (See Crimes and Puxisii.

MEXTS.)

ASYLUMS :

" Act in relation to special tax money in the treasury," - - 55

Appropriation of .f'.20,000 to Insane Asylum, - - - 55

Api>ropriatioii of iii;l 5,000 to Asylum for Deaf and Dumb, . 55

1870-' 71. —Index to Prr.Lie Acts. 803

Page.
ASYLUMS— (Continued.) Index to pnhlic

" Act to alter Revised Code, chap. 0, conceviiinr;- the N. 0. In-
stitution for the Deaf and Dumb and tlie Blind," - - SS
Board of directors abolished ; board of trustees created - SS
Trustees; president; secretar}-; vacancies; proviso, - SS

" Act providing for the support of the Insane Asylum for the

next fiscal year," 190

Appropriation of $40,000 ; proviso, - - - - - 190
" Act making appropriation for Deaf, Dumb and Blind Asj'-

lum," 205

Appropriation of 40,000 ; treasurer to pay amount, - - 205

Tax levied in support of Asylum, 359

" Act in relation to the Insane Asylum of N. C," - - - BIS
Repeal of act of 1869; act of 1859 re-enacted, - - - 374

Directors ; term of office ; vacancies, SH

Powers and duties of directors ; act of March 1869 amended, 874
Repeal of section 29 of act March 9th, 1859, - - - 375

ATLANTIC AND NORTH CAROLINA R. R. CO., :

" Act to transfer from N. C. R. R. Co., to Atlantic <fe N. C. R.
R. Co., and to consolidate that portion of N. C. R. R.,
between Goldsboro' and Raleigh with A. & N. C. R. R." 431
ATLANTIC TENNESSEE AND OHIO R. R. CO. :

" Act to amend act to incorporate A. T. & 0. R. R. Co.," - 150
ATTACHMENT :

"Act to amend C. C. P., chap. 4, sec. 199, concerning attach-
ment," - . - 248

Section 199, amended; Vi'arrant of attachment made return-
able in term time, - . 248

How issued ; how served ; proviso, 248

Certain proceedings declared valid, 248

Section 198, C. C. P., repealed, 249

Penalty for refusal of Judge to grant writ of attachment in

Habeas Corpus, 343

ATTORNEYS:

" Act to prohibit justices of the peace from practicing as attor-

nej's at law in certain cases," - ^1C2

"Act to repeal laws 1868-'69, chap. 44, and laws 1869-"70,
chap. 131, and to re-enact Revised Code, chap. 9, in rela-
tion to attorneys at law,"' - - - - . - 189
Attorneys not to be debarred of right to practice unless con-
victed of crime. 337

AUCTIONEER:

Agricultui-al societies may appoint auctioneer, - - - 279
AUDITOR:— (See Salaries and Fees.)

804 18 70-' 71. — Index to Public Acts.

Index to public
laws.

Tack.
BALLOTS :

For dift'crcnt offices must be separate, .... 284

BAXKS :

Certain set-off's allowed in action bvought by banks, - - 175
BEAUFORT COUNTY:

Albemarle Swamp Land Co., authorized to build R. R. in 246
" Act to change the time of holding the Spring Term ISYl of

Beaufort Superior Court," 276

" Act to levy a special tax for the county of Beaufort," - - 420
Amount and object; constitutional provision, - . - 420
BEAUFORT, PORT OF:

(See Navigation and Pilotage and Quarantine.)
BERTIE :

" xVct for the relief of F. W. Bell, slieriff of Bertie," - - 86

Relieved from fine, 86

" Act to provide for the laying of a special tax in the countj-

of Bertie," 164

Limit of special tax ; tax upon polls, 164

Question to be submitted to the people, .... 164
BLADEN:

" Act for the relief of James Cashwell, tax collector of Bladen

county," 54

Allowed till Jan., 15th, 1871, to collect and settle his State

taxes ; relief from penalty, 54

" Act to autliorize county commissioners of Bladen to levy a

special tax," 378

Object of tax ; amount ; question to be submitted to voters, 378
BOARD OF EDUCATION :— (See Education.)
BOARD OF PUBLIC CHARITIES :— (See Public CnAuiTiEs.)
BOARD OF PUBLIC INSTRUCTION :— (See Education.)
BONDS :

The following counties authorized to issue bonds :

Anson, 824

Chatham, 176

— — Cleaveland, 333"

Franklin, 414

Guilford, 187

Johnston, 277

Moore, 317

Rockingham, 254

Wilson, 334

" Act in relation to bonds to be given by administrators, exe-

ciitors and collectors," - - ] 54

18Y0-'71. — Index to Public Acts. 805

Tage.
BONDS— (Continued.)

" Act to reduce the bond of the superior court clerk of Dare Index to public

county ^om $10,000 to $3,000," 2G3 kiws.

BOUNDARY LINE:— (See Counties.)

BREVARD, FRENCH BROAD AND JONES GAP ROAD :

(See Roads and Turnpikes.)
BRIBERY :

" Act to amend act to define and punisli bribery," - - 3Y8

"Act of April 10th, 1809, amended," 379

BRIDGES :

" Act to avithorize the construction of a toll bridge across the

Yadkin river at or near Elkin," 140

Corjjorators ; location of bridge, 140

Rates of toll; fines for non-payment, ,141

Owners to keep bridge in good repair ; limitation, - - 141
" Act authorizing the commissioners of Gaston countj' to levy
a special tax for the purpose of repairing the bridge ovei
South Fork river at Haider's Ferry in said county," - 323

BRUNSWICK :

" Act to legalize the acts of the justices of the peace of Bruns-
wick count}-," 149

Qualification declared sufficient ; acts made valid, - - 150
BUNCOMBE :

" Act to authorize the construction of a turnpike road from
Malone and Wilson's store, in McDowell countj^ to Flat

Creek in Buncombe county," 83

" Act for the relief of the tax payers of Buncombe county," - 245

Preamble ; county school tax not to be collected, - - 245

" Act for the relief of James M. Young, sheriff," - - - 322

Relieved from penalties ; proviso, 822

BURGLARY :

Made punishable with death, 349

BURKE :

" Act to repeal an act to change part of the line that divides

Burke and McDowell counties," 108

" Act changing line, laws 18G9-"70, repealed," - - - 108

" Act to annex part of Rutherford county to Burke county," - -'19'7

CABARRUS :

" Act to authorize the commissioners of Cabarrus county to

levy a special tax," 240

Annual special tax; limit and object: to be submitted to
voters, 240

800 1 870- 71. — Index to Pitblic Acts.

Page.

Index to public CALDAVELL:

^^ ^' " Act concerning the annexation of a portion of Caldwell counij-

to the connty of Watanga," :;19

Description of part annexed to Watauga, .... an.)
" Act to authorize corainisisioners of Caldwell county to levy a

special tax," • 332

Object of special tax ; limitation, ..... 339

CALDWELL AND WATAUGA TURNPIKE COMPANY:

(See Roads axd TnixriKES.)
CAMDEN :

" Act to allow county commissioners of Camden county to levj'

a special tax," 403

CANALS :

" Act to amend act to provide for the enlargement, &c., of the

Albemarle and Chesai^eake Canal, <fec.," .... 20*7
CAPE FEAR:— (See Rivers axd Creeks.)
CAPITOL AND PUBLIC GROUNDS :

" Act in relation to keeper of the Capitol," .... 4';
Section 3, of chap. 103, Revised Code, repealed, - - 4*7

General Assembly to elect keeper of the capitol, public

grounds and arsenal, ....... 47

Duties of that officer, 48

" Act in relation to the election of keeper of the cajiitol," - 112

Preamble ; day of election ; term of office ; vacanc}', - 112

" Act in relation to the capitol square and public grounds in

the city of Raleigh, and for other purposes," - - - 142
Amoimt appropriated; accounts for labor to be sworn to, - 142
Secretary of State to certify accounts only of persons em-
ployed by keeper, 142

Accounts for fuel to be sworn to, 142

" Act defining the duties of keeper of the capitol," - - 262

Powers and duties of keeper of the capitol, - - - 2G2

Snperintendant of capitol square ; charge of ar.^enal, tfec, 203

" Act in relation to the Executive Mansion, the public lots
and other property belonging to the State in the city of

Raleigh," 445

Governor may lease Executive Mansion ; rejjairs, etc., - 445

Governor to collect rents ; supervisor of public lo+^^s, - - 446
Supervisor to lease projierty ; penalty for trcspassor, - 446

Commissioners appointed to take inventory of fire arms,

&c., - - - 446

CARRAWAY CREEK :— (See Rivers and Cueeks.)
CARTERET :

" Act for the relief of John D. Davis, sheriff of Carteret," - 46
Allowed till Feb. 1st, 1811, to settle with treasurer, - 46
Relieved from penalties, 46

1870-71. — Index to Public Acts. SOi

Paoe.
CARTERET-(CoETiNUED.) J^^Jf *« piiWic

" Act to limit the powers of township trustees in the conutics

of Carteret, X'c.," - - 239

" Act to prevent the obstruction of Newport river, in the county

of Carteret," - - - 429

CARTHAGE AND RANDOLPH R. R. CO.:

" Act to incorporate." - - 43G

CASWELL:

" Act to extend the time for collecting and paj'ing over taxes

in Alamance and CasweS," ------ 48

Time extended until Feb. 1st, IS'Zl, ----- 48

" Act to authorize J. C. Griffith, sheriff of Caswell, to collect

arrears of taxes," 96

Empowered to collect arrears for 18G7, G8 and 69 ; proviso, 96
"Act to a\;thorize county- commissioners of Caswell to levy a

special tax," --------- 404

Object of tax; amount, - 404

CATAWBA A^ ALLEY RAILROAD COMPANY:

" Act to charter," --------- 217

CEMETERIES :

" Act to allow the commissioners or other municipal authority
of smj city or town or incorporated village to buy and

hold real estate for tlie purpose of a cemetery," - 90

CHARITIES:— (See Public Citarities.)
CHATHAM :

" Act for the relief of the sheriff of Chatham," - - - 85

G. J. Williams relieved from penalties ; proviso, - - 85

" Act authorizing the commissioners of Chatham to issue

bonds," ---------- 176

Amount; no ncAV debt to be created, 1*76

Bonds to bear 6 per cent, interest ; how to be paid, - - 1*76
Special tax to pay principal and interest, - - - - 176

CHATHAM RAILROAD COMPANY:

Charter amended in act to incorjiorate Haj-wood and Cane

Creek Railroad Companj^ ------ 288

CHATTEL MORTGAGE:

" Act to provide a clieap chattlo mortgage," - - - . 442
CTTEOAH TURNPIKE CO. :— (See Roads and Turnpikes.)
CHEROKEE :

" Act for the relief of the sureties of J. W. C. Pearcy, deceased, '

late tax collector of Cherokee," - - - - - 109

Sureties invested with rights &c. ; privileges continued, - 409
County commissioners may appoint receiver, - - - 109
'• Act to limit the powers of township trustees in counties of

Cherokee, <fec.," 239 •

808

1870-'71. — Index to Public Acts.

Page.

Index to public CHEROKEE— (Continued.)

^^^^" " Act in relation to obstructions in Nottalah and Iliawassee

rivers in Cherokee count}'," 247

" Act concerning townships in the county of Cherokee," - 400

Townships ; election of township officers, - - - - 401
CITIES TOWNS AND VILLAGES:

" Act in relation to municipal elections," . . . . OO
" Act to allow commissioners or other municipal authoritj- of
any city, town or incorporated village to buj' and hold

real estate for the purpose of a cemetery," - - 90
" Act relative to the sale of land by the commissioners of the

town of Marion," 139

" Act concerning debts contracted by municipal corporations, 1G2

How debts of miinicipal corporations to be paid, - - 102
" Act to abolish the special courts of the cities of Newbern and

Washington," - - - - 242

City of Moreliead empowered to elect two commissioners of

Navigation and Pilotage, 252

"Act concerning municipal officers," 204

Municipal officers to transfer propertj' to successors, - - 2G4

Penalty for failure; tax lists, 2G4

CIVIL ACTIONS: (See Actions.)
CLAY :

" Act in relation to the burnt records of Clay county," - - 62

Preamble ; civil suits may be reinstated ; proviso, - - 62

New bills to be sent to grand jury in State cases ; proviso, 62

Bills of cost may be reinstated ; proviso, - - - - 62

Judgments may be reinstated ; proviso, . ... 63

Guardians and administrators to renew bonds, - - - 68

Failing to renew to be removed by Probate Judge, - - 63

New appointee to collect property, 64

Penalty for neglect by Probate Judge, - - - - 64

Dower and year's provision legalized, - - - - 64

" Acts heretofore done to establish records made valid," - 64
" Act to authorize the commissioners of Clay county to levy a

special tax for certain purposes," 128

Objects of taxation ; proviso, 128

" Act amendatory of act in relation to the burnt records of

Claj- county," 214

Suit reinstated upon oath of plaintiff, - - - - 214

" Act to extend the time of G. G. Bristol, tax collector, to set-
tle with county treasurer," ...... 232

" Act to limit the powers of township trustees in the counties

of Clay, (fee," 239

1870-'T1. — Index to Public Acts. 809

Page.
CLEAVELAXD :

" Act to extend the time for collecting and paj'ing over the Index to public

taxes for county purposes for Cleav eland county," - - 42 x.^
Tax collector to have until Feb. 15th, 1S71, to settle with

commissioners, ...--... 42

" Act to authorize the commissioners of Cleaveland county to

issue bonds," . . - 333

Amount and denonaination of bonds ; term and interest, - 333 "
Right of redemption; question to be submitted to voters, - 838 "^
CLERKS : — (See Salaries and Fees.)
CODE COMMISSIONERS:

Re^Dcal of act authoi-izing code commissioners to contract

with public printer for printing 53

CODE OF CIVIL PROCEDURE:

" Act to suspend the code of civil 2:)rocedure in certain cases, - 92
How civil actions to be commenced ; form of summons, - 92
Filing of complaint ; answer of defendant, - - - - 93

Reply to answer, when ; trial, 93

Writs now in hands of sheriff or clerk ; proviso, - - 93

Executions issued, how tested and retiu'iied, ... 93
Proceedings by attachment not affected, • - - - . 94

Proceedings in arrest not repealed, 94

Suspension of laws ; act in force until Jan. 1st, 18Y3, - - 94
" Act in relation to bonds to be given by administrators, &c., 154

Section 468, C. C. P., amended, 154

Amendment to ordinance respecting jurisdiction of courts of

the State, in relation to actions brought by banks, tkc, - 1*75

Section 58 and 59, C. C. P., repealed, 381

Sections 260, 268, 269, 2*70, 271, C. C. P., amended, - - 399
COLLECTORS :

(See Administrators and Executors^ and Sheriffs and Tax Col-
lectors.)
COLUMBUS:

" Act to allow county commissioners of Columbus countj' to

levy a special tax," 41 3

Amount and object of tax ; proviso, 418

COLUMBUS NORMAL SCHOOL :--(See Polk.)
COMMISSIONERS :

W. A. Allen appointed commissioner to take depositions re-
lative to contested senatorial election in Granville and

Person, - - 43

Two commissioners to be appointed to take depositions in

the matter of the Wayne county contested election, - 48
" Act creating a commission to inquire into charges of corrup-
tion and fraud," 1 ] '7

" Act supplemental to act creating commission, <fec.," - - 238

810

1870-71. — Iniiet to PLrnuc Laws.

Page.

(8ee Code Co.mmi.ssioneiis axd County Cummissionkus.)
Index to pu 111 ic COMMrSSTONERS OF IMMIORATrOM- ;— (See iMMUiRATiox.)
^■'^^'''- CO.^IMISSIONERS OF NAVIGATION AND PILOTAtJE:

(See Navigation and Pilotage.)
COMMISSIONERS OF WRECKS:— (See Wrecks.)
CONSOLIDATION:— (See Railroads,)
CONSTABLES:

" Act to reijeal an act coiiceriiiny constables in New Hanover
count}', " ----------

(See Salaries and Fees.)
CONTEMPT:

" Act to amend act in relation to proceedings in contempt and
further to define the offence of contempt,"
Preamble; amendment to act of 1869, ... -

Subjects of contempt of court ; conditional I'cpeal,
Attornej' not to be debaj-red except for crime,
CONTESTED ELECTIONS:— (See Elections.)
CONVENTION:

" Act concerning a convention of the people,"
Preamble ; governor to issue iDroclamation,
Date of election ; manner of voting ; delegates, -
Judges of election ; judges to count ballots ; returns to be

made, - - -

County commissioners to make returns, ....
Governor to compare vote in presence of certain officers,
Governor to issue proclamation of result, ....
Manner of holding election ; inspectors, ....
Registration of voters ; duties of registrar.
Qualification of voters ; challenges ; vacancies, -
Number of delegates ; convention to fix its pay, <fec., -
Officers of convention ; powers ; restrictions of power,

Further powers of convention, -

Constitution to be submitted to voters ; delegates to take

oath, - - -

Oath ; penalties for neglect by county commissioners.
Fraudulent voting ; penalty; act to be printed,
" Act to submit the question of convention or no convention
to the p-e<iple and to provide for t!ie election of delegates.
Preamble ; polls to bo opened, when and wliero ; manner of

voting, - - - . .

Duties of registrars and inspectcn-s, - - - . .
Proclamation of result ; register of deed; to make returns, -
Returns how opened and counted ; announcement of result.
Convention when to assemble ; inspectors; registrars.
Duties of registrars ; right of challenge ; vacancies.
Number of delegates; pay of officers and members,

441

336
337
337
337

120
120

120
121
121
121
122
122
122
122
123
124

124
125
125

326
327
327
328
328
329
329

1870-71. — Index to Puelic Acts. Sll

Page.
CONVENTIOST— (CoNTixuED.) Inflex to public

Qualification of members ; powers of convention, - - 329

Restrictions ; constitution to be submitted to people ; oath, 830
Penalty for officers failing to comply with this act, - - 331
Fraudulent registration or voting ; copies of act to be dis- t

tributed, 331

When act in force ; act of Feb. 8th, 1871, suspended, - 331

CONVEYANCES :— (See Deeds and Conveyances.)
CONVICTS :

" Act in relation to convicts," 191

To be employed on road between Statesville and Mt. Airj-, 405
(See Penitentiary.)
CORRUPTION COMMISSION:— (See Investigation.)
COUNTERFEITING :

Counterfeiting trade marks, <fec., 408

COUNTIES : •

,' Act to extend the time for collecting and paj'ing over the

taxes for county purposes for Cleaveland county," - - 42 -««-'«*'
" Act concerning townships in the county of Jackson," - - 45
" Act to repeal act to change part of the line that divides

Burke and McDowell counties," - - - - 108

" Act in relation to vacancies occurring in county offices," - 139

Repeal of proviso in sec. 1, of act July 2'7th, 1868, - - 139

Vacancies, how filled, 139

" Act to lay off and establish a new county by the name of

Swain," 155

" Act to change the line between Wilkes and Alleghany," - 193
"Act to annex part of Rutherford county to Burke county," - 19*7
" Act to change the line between tlie counties of Edgecombe

and Nash," - - 256

" Act supplemental to act to lay off and establish a new county

by the name of Swain," - 269

" Act to regulate the right of voting in cases where county

lines have recently been altered," 292

" Act concerning the annexation of a portion of Caldwell

county to Watauga countj^" - - - - - 319

'' Act to establish the boundary line between Granville and

Person counties," - - - • 349

" Act supplemental to act to change the boundary line be-
tween the counties of Edgecombe and Nash," - - 444
For counties authorized to issue bonds :

(See Bonds.)
For counties autliorized to levy special taxes :

(See Taxes,)
For powers conferred on county commissioners :
(See County Commissioners.)

812 1870-'71.— Index to Public Acts.

Page.
COUNTY COMMISSIONERS:
Index to public " Act to fiuthorize county commiasioners of Randolph to ap-
point a tax collector," 65

" Act to authorize county commissioners of Davidson to ap-
point a tax collector," .-.-... 89
" Act to authorize count}' commissioners of Alamance and

Davidson to revise the jury lists of said counties," - - 152
County commissioners of Polk countj' authorized to sell

county property, 159

" Act in relation to convicts," 191

Certain powers to work convicts conferred on county com-
missioners, 192

"Act to legalize certain acts of county commissioners of

Mitchell," 234

County commissioners required to provide separate ballot

' boxes for different offices, 284

County commissioners of Lincoln authorized to change town-
ships, - 381

" Act to authorize county commissioners of Harnett countj- to

appoint a processioner," 289

County commissioners of Forsyth, Davidson and Guilford
to appoint overseers of plank road from Salem to High

Point, 389

" Act extending powers of county commissioners of Richmond

county." 390

Duties of, in reference to election for delegates to a conven-
tion : — (See Convention.)
Duties of, in reference to taxes : — (See Taxbs.)
County commissioners of certain coimtics authorized to issue

bonds: — (See Bonds.)
County commissioners of certain counties authorized to levy

special taxes: — (See Taxes.)
Paj' of county commissioners : — (See Salaries and Fees.)
COUNTY EXAMINER:— (See Education.)
COUNTY COMMISSIONERS: — (See Officers and Salaries and

Fees.)
COURT OF IMPEACHMENT:— (See Impeachment.)
COURTS :

" Act to provide for a special term of the superior court of

Davidson," 41

" Act to provide for the removal of certain suits, actions and

causes from one judicial district to another," - - - 56
When judge interested suits to be removed to adjoining

district, 56

" Act in relation to the burnt records of Claj' county," - - 62

1870-71. — Index to Public Acts. 813

Page-
COURTS-CCoxTixuED.) j^^gj t^ p^^^li^

" Act to supersede the special terms of the superior courts of acts.

Craven and Lenoir counties," 108

Preamble ; special terms superseded, .... 108

Secretary of State to furnish copies of this act, - - - 109 i

" Act to restore and reinstate the records of the several courts
in the State destroyed by fire and otherwise during the

late war," 148

Preamble ; recital of judgment, <fec., in deed, &c., executed

prior to May 1st, 1865, to be deemed true in fact, - - 148
Deeds, <fec., to be received as evidence of judgment, &c., - 149
" Act to cure certain irregular proceedings in the jurisdiction

of the courts in special proceedings," .... igg

Certain irregular proceedings in superior court legalized, - IVO
Cases begun to be carried to final judgment, - - - 170

" Act to change the time of holding the spring term 1871, of

Martin superior court," 203

" Act amending act in regai-d to burnt records of Clay county," 214
" Act to abolish the special courts of the cities of Newbern and

Wilmington," 242

Laws 1868, chap. 12, private laws 1868-69, chap. 5, sec. 1,

and laws 1868-69, chap. 37, repealed, - - - - 242
Special court of Wilmington abolished, - . . . 242
" Act to change the time of holding the superior court of New

Hanover county," 243

Four terms of the superior court yearly ; times, • - 243

Process returnable to next term of the court, - - - 243
Secretary of State to furnish copies of this act, - - - 243
Compensation of judge and solicitor, - . - . . 243
Superior court for Swain county, 12th Monday after 3rd

Monday in March and August, 273

'' Act to change the time of holding the spring term of the
superior courts of Beaufort and Pitt counties for the year

1871," 276

Spring term 1871 altered, how process returnable, - - 276
" Act to amend act in relation to proceedings in contempt, etc.," 336
Sections 266, 268, 269, 270, 271, C. C. P., fltaended by inser-
ting " court or" before judge, 399

CRAVEN:

" Act to supersede the special terms of the superior courts of

Craven and Lenor counties," 108

CREEKS: — (See Rivers and Creeks.)
CRIMES AND PUNISHMENTS:

" Act to repeal sections 7 and 8, chap. 167, laws 1868-69," - 94
Assaults with intent to kill or to injure, punishable with fine

and imprisonment only, 94

814 1870-'71.— Index to PunLic Acts.

Page.

Index to public CRIMES AND PUNISHMENTS— (Continued.)

^^^^- Punishment of imprisonment at hard labor rciic.alod, - - 94

Persons intruding upon Yanceville, Danville and Coalfield

Railroad, guilty of misdemeanor ; penalty, - - - 182
" Act to make a failure to work on public roads a misde-
meanor," 138

Sheriffs interfering with tax collectors guilty of a niide-

meanor," - - - - lul

Justices of the peace practicing as attornej- at law in certain

cases, guilty of a misdemeanor, - - - - - 1.52

Violation of act in reference to taking fish in N. E. branch

of Cape Fear, a misdemeanor, lfi,5

" Act to punish officers and agents of railroad companies and

other persons, for embezzlement and other offences," - 105

Officer or agent of R. R. Co., embezzling funds, guilty of a

felony; penalty, - lOG

Persons conspiring with offender guilty of felonj' ; penalty, 106

Felling trees into Little river, a misdemeanor, - - - 104
" Act to suppress secret political organizations," - - - 200

Secret political organizations prohibited, - . . . 200

Penalty for violation, 201

" Act to compel sheriffs to settle the public taxes," - - 204

Sheriffs failing to pay taxes to public treasurer guiltj' of

felony, 204

Treasurer to furnish names to solicitor of 4th (6th,) judicial

district, - - 204

Obstructing Nottalah and Hiwassee rivers a misdemeanor, 247
" Act concerning municipal officers," 204

Officers failing to turn over to successors all propertj', etc.,

guilty of misdemeanor; penalty, - . . . . 264

Unlawfully removing, etc., article on exhibition on grounds
of agricultural society, a misdemeanor, . . . . 279

Drawing seines or nets in Pamlico and Tar river and Tran-
ter's creek within certain limits and at certain times, a
misdemeanor, 281

Sheriffs corruptly failing to account for taxes, - - - 312

Other county officers failing to account, - . . . 313

Felling trees in Yadkin ri^. er within certain boundaries, n

misdemeanor, - - - - 321

Officers, etc., failing to make returns, and perform duties im-
posed by convention act, guilty of misdemeanor, - - 331
" Act in relation to punishment for arson and burglary, - 349

Arson and burglary made punishable with death, - - 349

Sheriffs failing to make return of unlisted taxes guilty of

misdemeanor, 357

1870-71. — Index to Public Acts. 815

Paqe.

CRIMES AND PUNISHMENTS— (Continued.)

Officers failing to account for fines in ten days, guilty of acts^^ ° PubUc

embezzlement, 373

" Act to amend act to define and punish bribery," - - - 378
" Act to prevent forging and counterfeiting the private marks,
tekens, stamps or labels of any manufacturer, mechanic or

other person," 408

Protection to private marks, etc., penalty for violating this

act, 408

Penalty for vending merchandise -with forged labels, &c., - 408
Obstructing Pedee, Yadkin and Wharie rivers, a misde

meanor, 418

Obstructing Newport river, a misdemeanor, - - - 429

Trespassing on public lots, a misdemeanor, ... 446

CUMBERLAND :

" Act to extend act to empower the commissioners of Cumber-
land county to levy a special tax," 41*7

Re-enactment of act of Feb. 24th, ] 870, .... 417
CURRITUCK :

" Act to relieve Thos. F. Baxter, sheriflt of Currituck, for fail-
ure to pay State taxes," 52

Releived fi-om penlties and forfeitures ; proviso, - - 52

" Act to authorize the commissioners of Currituck to levy a

special tax," 316

CURRITUCK SOUND:

" Act supplemental to act in relation to the fowling interests

in the waters of Currituck Sound," 168

"Act of 1870, to whom applicable," 163

DAN RIVER:— (See Rivers and Ceekks.)
DARE:

" Act to reduce the bond of tlie superior court clerk of Dare

county from $10,000 to $3,000," ----- 263
DAVIDSON:

" Act to provide for a special term of the superior court of

Davidson C(''mty," 4j

Preamble; term to be held Dec. 19th, 1870, restriction, - 41
Coroner to act as sheriff to summon jurors, - - - 42

Governor to appoint judge to hold court, appeal, - . 42

Copies of act to be furnished ; when to take efi'ect, - - 42
" Act to empower the county commissioners of Davidson county

to appoint a tax collector," gg

Board of commissioners to appoint tax collectors, - . 89
Bond ; powers and duties, 89

SK^* 1870-'T1. — Index to Public Acts.

Page.

DAVIDSON— (Continued.)

Index to public " Act to authorize county commissioners of Alamance and

acts. T^ . , . . . , ,

Davidson oounties to revise jury lists, . . . . 153

DAVIDSON COPPER MINE:— (Sec Lexington Copper Mine Co.,)
DAVIE :

" Act making the South Yadkin river in the counties of Rowan

and Davie a lawful fence," 138

" Act to authorize S. A. Kelly, sheriff of Davie, to collect ar-
rears of taxes," ........ 428

DEADLY WEAPONS:

Assault with deadly weapon, how punished, - - - 94
DEEDS AND CONVEYANCES:

Recitals of judgment, &c., in deeds, tfec, executed prior to

May 1st, 1865, to be deemed true, where records destroj'cd, 148
Deeds, <fec., to be received as evidence of judgments, - - 149
Jurisdiction of probate judge in regard to lost deeds of

record, - 214

" Act to extend the time for the registration of grants, deeds

and other conveyances," ------- 208

Time for I'egistration extended two years ; proviso, - - 2G8
Instruments not registered before 1869, and now registered,

made valid, .-.----.- 269

" Act to amend revised code, chap. .87, sec. 23, entitled ' deeds

and convej^ances,'" ------ . 338

Deeds of trust, mortgages, &c., released by entry on registers

book ; manner, -.---..- 338

" Act to allow the registration of deeds upon certain jiroofs," 43.S

What shall be deemed sufficient proof, - . - . 434

" Act to provide a cheap chattel mortgage, . . - - 442

Form of chattel mortgage or deed in trust, - - - 442

Fees of probate judge and registers of doeds, - - - 443

DEEP RIVER:— (See Rivers.)

DIRECTORS :

" Act to change the method of appointing the jivoxies and di-
rectors in all corporations in which the State has an in-
terest," - - - 447

DIVIDING LINES:— (See Counties.)
DIVORCE :

Laws 1868-69, chap. 93, sec. 47, amended by striking out

all power to refer actions for divorce, - - - - 189
DUPLIN :

"Act donating State's interest in Fayetteville and Warsaw

plank road to counties of Duplin and Sampson," - - 382

Index to public
acts.

ISTO-'Tl. — Index to Public Acts. 817

Page.
EDGECOMBE :

" Act to change the line between the counties of Edgecombe

and Nash," - - 25G

" Act supplemental to act to change line, etc.," - - - 444
EDUCATION:

"Act to amend laws 1868-69, chap. 144, entitled act to pro-
vide for a sj^stem of public instruction," . - . . 387
Investment of school fund imder direction of Legislature, - 387
Payment of share of fund to counties, .... ssi

Laws 1868-69, chap. 184, sec. 9, repealed; act amended, - OS*!

Pay of county examiner ; act further amended, - - - 388
Board of Education to enter into bond to make title of cer-
tain land to Planter's Railroad Companj" under certain

conditions, - - - - - - - - - 412

' ' Act for the better protection of the literary fund," - - 444

Control of literary fund taken fi'om board of education, - 444
ELECTIONS:

" Act appointing a commissioner to take certain depositions re-
lative to the senatorial election in the counties of Gran-
ville and Person," - - 43

W. A. Allen, appointed commissioner, .... 43

Powers and duties ; either party may summon witnesses, - 44

Depositions how taken ; to be read in evidence, - - 44

May employ clerk ; compensation; must give notice, - 44

Previous depositions may be read in evidence, ... 45

Keeper of capitol to be elected by legislature, ... 47
" Act to appoint two commissioners to take depositions in the

matter of the contested election in Wayne county," - 48

To be appointed by speaker of the House ; duties, - - 48

Authority of commissioner ; pay and mileage, - - - 49
" Act in relation to an election to fill the vacancy in tlie 26t]i

senatorial district," 50

Election to be held Dec. 24tli, 18*70 ; governor to issue writs, .50

" Act in relation to municipal elections, . . . . qq

Qualification of voters ; registration, CO

Qualification of officers ; challenging voters, ... 61

Exclusion from voting ; repealing clause, - - - - 61

Time for municipal elections ; proviso, - - - . 01

" Act in relation to election of keeper of the capitol," - - 112

" Act concerning a convention of the people," - - - 119

" Act concerning elections in this State," - - - - 1*73

Qualification of voters ; riglit to challenge,, .- - - - 1*74

818 1870-'71.— Index to Public Acts. i

Page,

Index to public ELECTIONS-(CoNTiyuED.) j

a-ts. " Act to amend act to provide for elections of commissioners ]

of navigation and pilotage," 252 !

Election ordered in Swain count}- on first Thursday in June, 2*70 ]

-!-» " Act requiring all State, county and municipal officers to be i

voted for on a separate ballot," 284

*** Candidates to be voted for on separate ballot ; proviso, - 284

— • County commissioners to provide separate ballot boxes, - 284 i
" Act to regulate the right of voting in cases where the county

lines have recently been altered," 292

, Electors to make oath of registration, - . . 292
" Act to submit the question of convention or no convention

to the people and to provide for the election of delegates," 326 j

EMBEZZLEMENT :— (See Crimes a\d Tunishmexts.) j

ENTRIES:— (See Vacant Lands.) j

EVIDENCE : )

Recitals of judgments, <fec., in deeds, &e., executed before ]

May 1st, 1865, to be deemed true, when records are de- '.

stroyed, 148 I

Deeds, etc., to be received as evidence of judgments, etc., - 149 I

What shall be sufficient proof of deed when subscribing I

witness and grantor deceased, 433 i

EXECUTIONS :— (See Process.) j

EXECUTIVE MANSION:— (See Capitol and Public Grounds.) \

EXECUTORS: — (See Administrators and Executors.) I

EXEMPTIONS FROM TAXATION:— (See Taxes.) j
EXTRADITION:— (See Fugitive from Jussice.)

F i

FAIR GROUNDS:

" Act for the protection of fair grounds," .... 278 I

Appointment of police ; police to be sworn ; duties, - - 278 i

Violation of rules of the society, a misdemeanor, - - 279 '

Articles on exhibition exempt from seizure under execution, 279

Society may appoint auctioneer, 279 1

FAYETTEVILLE AND WARSAW PLANK ROAD: I

(See Roads and Turnpikes.)

FEES :— (See Salaries and Fees.) I

FELLING TREES: '

" Act to prevent the felling of trees in Little river," - - 193

" Act to prevent the felling of trees in Yadkin river," - - 321

" Act to prevent obstruction of Newport river in Carteret '•

county," 429

Felling trees, etc., a misdemeanor ; penalty, . - - 429 '

18T0-'T1. — Index to Public Acts. 819

acts.

Page.
FELLIIS^G TREES— (Continued.) Index to public
" Act to prevent the felling of trees in Carvaway creek in Ran-
dolph county," - - 441

FENCES:

" Act making South Yadkin river in counties of Rowan and

Davie a lawful fence," - - - . - - - - 138

" Act in relation to the meadows of Rockingham," - - 282

Smith and Dan rivers made each a lawful fence, - - 282

Fence law to be submitted to voters, 282

" Act to make Deep river a lawful fence to a certain extent in

Randolph countj^," - - 430

FIERI FACIAS :— (See Process.)
FISH AND FISHERIES:

" Act in relation to taking fisli from North east branch Cape

Fear river, and for other purposes," - - - - 164

Restriction upon fishing with seines, 164

Penalty for violating this act ; repeal of act of 1870, - - 165
" Act in relation to fishing in the waters of Pamlico and Tar

rivers and of Tranter's creek," 281

" Act to remove obstructions in thePedec, Yadkin and Wharie
rivers foi" the purpose of allowing shad and other fish free

passage up said rivers," 418

FORGERY :

Of trade marks, etc., 408

FRANKLIN :

" Act to authorize commissioners of Franklin county to issue

bonds," 414

Amount and denomination ; term and interest ; tax, - - 414
Liquidation of principal ; destruction of redeemed bosds, - 415
Commissions of county treasurer, - - - - - 415

FRAUD : — (See Investigation.)
FUGITIVES FROM JUSTICE :

" Act in relation to fugitives from justice, laws 1868-69, chap.

52, repealed," 58

Revised code, chap. 35, sec. 4, re-enacted, - ... 53
" Act authorizing the governor to ofi^er a reward for the arrest

of II. B. Lowery and others," 130

Preamble; governor to offer reward ; for whom, - - 131

Previous offers of reward revoked, 131

" Act to provide for the payment of the necessary exj^enses on
requisition of the governor for fugitives from justice in

other States," 145

Expenses of receiving and arresting fugitives to be paid, - 145
Act shall apply where governors of other States refuse to de-
liver fugitives, - 145

820 1870-' 71.— Index to Public Acts.

Index to public
acts.

a- :

Page.
GASTON : '

' Act to provide for a tax collector for Gaston county,' - - 259
Commissioners to elect ; bond ; powers, duties and pay, - 259
' Act to autliorize the commissioners of Gaston county to Icvj^ \

a special tax for tlie purpose of rej^airing the bridge over 1

South Foi'k river at Hayler's Ferry,' .... 323
Amount and object ; to be submitted to voters, - - 323 j

GATES: i

' Act authorizing county commissioners of Gates to lev}' and

collect a special tax, <fec., ...... 407

Amount and object of tax, 407

GEORGIA AND NORTH CAROLINA R. R. CO. : ;

' Act to incorporate,' - 249 \

GOVERNOR:

' Act in relation to power and duty of governor in respect to ;

fugitives from justice, laws 1868-69, chap. 52, repealed,' 53 I

' Act authorizing the governor to offer a reward for the arrest

of H. B. Lowery and others,' 1 30 j

' Act in relation to powers and duties of State officers, laws

1868-69, chap. 270, amended,' 172 I

Power of governor to appoint directors and proxies in cer- j

tain corporations revoked, - 447

For duties in reference to convention : — (See Coxvention.)

For impeachment of Governor Holden : — (See Impeachment.) i

GRANTS : — (See Deeds and Conveyances and Vacant Lands.) j

GRANVILLE : j

W. A. Allen, appointed commissioner to take depositions re- 1

lative to contested senatorial election in Granville and ',

Person, 43

'Act to establish the boundary line between Granville and j

Person counties,' 349 ■

Countj- surve^-ors to meet ; surveyor's report, - - -^"349 J

Lawful boundary ; expense of survey, ... - 350 1

GUARDIAN AD LITEM :— (See Guardian and Ward.) i

GUARDIAN AND WARD: i

Guardian to renew bonds destroyed by fire in Clay countj', - 63 .;

•Act to amend laws 1868-69, chap. 201, sec. 31,' ... 315 '

Guardians, trustees, <fec., may invest fiduciarj- funds in U.

S. securities, 315

' Act regulating the appointment of guardians ad litem,' - 379

Infant plaintiff maj- appear by guardian or next friend, - 379 j

Maj- defend bj' general or testamentary guardian, - - 380
In default thereof, court may appoint guardian ad litem, - 380 i

1870-'71. — Index to Public Acts. 821

Page.

GUARDIAN AND WARD— (Continued.)

^ . r ^ , . , , Index to public

Issuing of summons ; nnal judgment, - - . . . 380 acts.

Action in case of infant defendant udthout guardian, - - 380

Guardian ad litem to file answer ; costs, .... 380

Sections 58 and 59, C. C. P., rei:)ealed, .... 381

GUILPORD:

'Act in relation to an election to fill the vacancy in the 2Gth

senatorial district,' 50

' Act to authorize R. M. Stafford, sheriff of Guilford countj' to

collect arrears of taxes,' 155

' Act to authorize commissioners of Guilford county to issue

bonds,' 18*7

Power granted ; to run for ten years ; how issued, - - 188

Plow redeemed ; bond of county treasures ; special tax, - 188

HABEAS CORPUS:

'Act amendatory of proceedings in Habeas Corpus ratified

April 6th, 1869,' - 348

Amendment to act ; penalty for refusal to grant writ, - 348

Further penalties for violating this act, .... 343
HARNETT:

' Act to authorize county commissioners of Harnett to appoint

a pi'ocessionei',' 389

' Act to authorize county commissioners of Harn»tt to levy a

special tax, and for other purposes,' .... 397

Limitation of tax ; county scrip receivable in payment, - 397
Commissioners may sell part of poor house land ; ijroviso, - 39V
HAYWOOD AND CANE CREEK RAILROAD COMPANY:

' Act to incorporate,' 284

HENDERSON :

'Act to limit the power of township trustees in coimties of

Henderson, &c.,' 239

' Act for the relief of T. W. Taylor, sheriff of Henderson county,

&c.,' - - - 322

Relieved from penalties; proviso, 322

HERTFORD ;

' Act authorizing the commissioners of Hertford countj- to levy

and collect a special tax,' 241

Object and limit of tax; question to be submitted to voters, 241
County commissioners to declare result, - . . - 241
HIAWASSEE :— (See Rivers.)
HIAWASSEE AND CHEOAH TURNPIKE COMPANY:

' Act to incorporate,' - - 194

HOLDEN, W. W.:— (Sec Impeachment.)

822 1 870- Yl.— Index to PrcLic Acts.

Page.

T 1 ^ ,v„ HOSPITAL:
Index to pnMic

acts. At Beaufort N. C. to be sold, 319

HUNTING :— (See Wild Fowl.)
HYDE:

' Act to provide for the appointment of commissioners of wrecljs

for Hyde county,' - - 198

IMMIGRATION :

' Act to encourage immigration in N. C, and to increase the

capital of the State,' 171

President N. C. Land Co., made commissioner of immigra-
tion, ..... 171

Secretary of State to supply copies of this act, - - - 112
Capital stock N. C. Land Co., may he increased, - - 1*72

'Act for the promotion of immigration and the settlement of

the unimproved lands of the State,' .... 343

Railroad Immigration Association ; corporate rights ; cor-

pora^rs, - - 343

Subscriptions by R. R. corporations ; board of directors, - 344
President and vice-president ; by-laws, - . - - 344

Secretary and other officers ; powers and privileges, - 344

Settlement of land along subscribing roads, - - - 345

Appointment of agents ; rates of faro to immigrants, - - 345
Profits ; annual meetings ; quorum ; first meeting, - - 346
Any company may withdraw ; conditions, - - - 34*7

IMPEACHMENT:

Articles exl}ibited by the House of Representatives of the
State of North Carolina in the name of themselves and all
the people of the State of North Carolina, against William
W. Ilolden, Governor of the State of North Carolina, in
maintenance and support of their impeachment against
him for high crimes and misdemeanors in his said ofhce, G7
Article I.

Declaring Alamance county in a state of insurrection, - C8

Suspension of civil authority, 08

Names of persons imprisoned ; charge, - - - - 69

Article II.

Declaring Caswell county in a state of insurrection, - - 69
Sending bodies of lawless men to the countj^, - - - '70
Names of persons imprisoned ; charge, - - - - '70

Article IH.

Procuring and ordering the arrest of Josiah Turner, jr., in

the county of Orange ; charge, '71

18 TO-' 71 .—Index to Public Acts. 823

Page.
IMPEACHMEXT-(CoxTixuED.) In^ex to public

Article IV. acts.

Inciting, p*'ocnring- and ordering tlio arrest of John Kerr, S.

P. Hill, Vr. B. Bowe and N. M. Ptoan, .... 71

Detaining the said persons one month ; charge, - - - 72
Article Y.

Ordering Geo. W. Kirk to refuse to obey the writ of habeas
CORPUS issued by Chief Justice Pearson in tlie case of A.
O. Moore, -.-..--.. '74

Posisting the execution of the writ, and ordering the de-
tention of A. Gr. Moore after service of the writ, - - 75
Article YI.

Refusing to obey writ of habeas corpus in the case of John

Kerr and others, .--... - 77

Keeping John Kerr and others in custody after the service

of the writ, - 78

Article YII;

Unlawful!}' recruiting from the State of Tennessee large

numbers of lawless men, - - 79

Equipping them as an army of soldiers, - . . . 80
Article A" 1 1 1.

Making unlawful warrants upon the treasuiy for the pay of

the troop?, ----...-. gi

Commanding A. D. Jenkins to disobey the order of injunc-
tion issued by Anderson Mitchell, Judge, <fec., - - 82

Replication by the House of Representatives of the State of
Xorth Carolina to the answer of William W. Holden, Gov-
ernor of the State of Korth Carolina, to the articles of im-
peachment exhibited against him by the House of Re2:)re-
sentatives, ......... io3

A general denial of all the allegations in the answer, - - 103

Order of the House of Representatives relative to the amend-
ment of Article YIII of impeachment of William W. Hol-
den, Governor of North Carolina, - - - - - 110
' Act in relation to the pay of witnesses attending the court of

impeachment,' - - - 110

Articles exhibited by the House of Representatives of the
State of North Carolina in the name of themselves and all
the people of the State of North Carolina, against Edmund
W. Jones, Judge of the second judicial district of North
Carolina, in maintenance and support of tlieir impeachment
against him for high misdemeanors in office, - - - 235
Article I.

For publicly exhibiting himself in a state of intoxication in

Raleigh. March 18th, 1871, - 235

824 1870-71.— Index to Public Acts.

Page.

S^ *° P"^^'^ IMPEACHMENT— (Continued.)
Article II.

For publicly exhibiting himself in a state of intoxication in

Goldsboro', March 18th, 1871, 236

Article III.

For publicly exhibiting himself in a state of intoxication in

Tarboro', March 18th, 1871, 236

Article IV.

For public drunkenness at Williamston, March 20th, 1871,

during session of Martin court, 236

A rticle V.

For public drunkenness at Williamston, March 21st, 1871, - 237

Demand for trial, - - - 237

INCOME TAX:— (See Taxcs.)
INSANE ASYLUM:— (See Asylitms.)
INSTRUCTION:— (See Education.)
INSURRECTION :

Repeal of act to secure the better protection of life and pro-
perty, 47

INVESTIGATION :

' Act creating a commission to inquire into charges of corrup-
tion and fraud, - - 117

Preamble; commissioners to be app«inted, - - - 118

Duties; authority; part chap. 48, laws 1869-70, re-enacted, 118
Commission may appoint persons to take depositions, - - 118
Compensation; pay of witnesses, - - - - - 119

Treasurer to pay upon warrant of chairman of commission, 119
' Act supplemental to act creating commission, <fec.,' - - 238

Extension of powers of investigating commission, - - 238
Sessions of commission ; quorum ; powers of individual

members, 238

Reports of other investigating committees ; commission to

report, 239

Suits to be brought, when ; vacancy in commission, - - 239
INVESTMENTS :

Guardians, trustees, &c., may invest fiduciary funds in U.

S. securities, 318

School fund may be invested in U. S. securities, - - 387

JACKSON :

' Act concerning townships in the county of Jackson,' - - 45
' Act to amend laws 1869-70, chap. 122, sec. 1, relative to en-
tries of land in Jackson county,' 183

1870-71. — Index to Public Acts. 825

Page.
JACKSON— (Continued.) Index to public

Time to perfect entries extended, 183

' Act to authorize the connty commissioners of Jackson to levy

a special tax,' 216

' Act to limit the power of township trustees in the counties of

Jackson, <fec,' 239

JOHNSTON:

Felling trees in Little river in Johnston county, a misde-
meanor, 193

' Act to authorize the commissioners of Johnston county to
issue bonds for the purpose of funding and paying off tlie

county debt,' 27*7

Coupon bonds ; amount and denomination ; time and in-
terest, 21'J

How issued ; redeemed ; special tax from year to year, - 218
JONES:

' Act to repeal an act authorizing commissioners of Jones

county to levy a special tax,' 167

Acts of April 9th, 1869, and March 1st, 1870, repealed, - 167
JONES, EDMUND W.:— (See Impeachment.)
JUDGMENT :

When records of court destroyed by fire, recital of judgment,
<fec., in deeds, etc., executed before May 1st, 1865, to be

taken as true, 148

Deed, etc., to be taken as evidence of judgment, etc., - - 149
JUDICIAL DISTRICTS:

Causes removed from one judicial district to another when

judge is interested, 56

JURY LISTS :

' Act to authorize the county commissioners of Alamance and

Davidson to revise the jury lists of said counties,' - - 153
JUSTICES OF THE PEACE:

' Act to legalize the acts of the justices of the peace of Bruns

wick county,' 150

* Act to prohibit justices of the peace from practicing as at-
torneys at law in certain cases,' 152

Duty of justice in reference to year's support, ... 430

KEEPER OF THE CAPITOL :—( See Capitol and Public Grounds:)
KENANSVILLE AND CLINTON R. R. CO.:

' Act to construct aVailroad from Kenansville, in Duplin county,

to Clinton, in Sampson county,' - ... 225

KINSTON AND KENANSVILLE R. R. CO. :

' Act to incorporate,' 267

KUKLUX : — (See Secret Political Organizations.)

82G 1870-'71.— Index to PrBLic Acts.

Page.

Index to public LAEELS :— (See Trade Marks.)
^''^^- LANDS:

' Act to enable aliens to take, hold and convey lands,' - - 410
Right of aliens to piirchase and hold lands, - - - 410

Prior contract made valid, 411

' Act in relation to the public lands,' - 411

Board of educationto enter in to bond to make title of certain

lands to Planter's R. R. Co., on certain conditions, - 412

(See Vacant Lands.)
LAWS :

' Act in relation to printing tho general statutes,' ... 127

' Act in relation to copying the laws for the public printer,' - 167

Distribution of laws and documents regulated, - - - 173

Printing and distribution of revenue acts, . - . - 347

LENOIR:

' Act to supersede the special terms of the superior courts of

Craven and Lenoir counties,' 108

LEXINGTON COPPER MINE CO.:

Authorized to construct a road from Davidson Copper Mine

to N. C. R. R., 244

LIBRARY :

' Act in relation to the public library,' - - - - - 133

Trustees; rules and regulations ; librarian elected liiennially, Kj4
Salary; vacancy; librarj' hours, - - - - - 134

Libraries of Senate and House of Representatives; supreme

court library, --------- 134

LIGHT HOUSES:

' Act to authorize and empower the government of the United
States to purchase and hold lands in North Carolina for
the purpose of erecting light houses thereon,' - - 95

United States may purchase lands to erect light houses ;

proviso, -------. - - 96

Deeds to be recorded ; exempt from taxation, - - - 95
State officers may execute jirocess on land, - - - 96

Conditions of consent ; proviso, - 96

LINCOLN :

' Act to allow the legal representatives of L. H. Lorans, late

sheriff of Lincoln county to collect arrears of taxes,' - 89

' Act concerning the poor house of Lincoln county, - - 111

Action of county commissioners confirmed, - - - - 111

Authority granted to sell old poor house site, - - - 111

' Act to provide for the election of a tax collector for Lincoln

county,' - - - - - - - - - -112

18T0-'71. — Index to Public Acts.

827

LliSrCOLN— (Continued.)

Bonds ; duties and powers ; compensation,
'Act to change the townships of Lincoln county,'
LITERARY FUND :

' Act for the better protection of the literary fund,
Control of fund taken from board of education,
LITTLE RIVER:— (See Rivers and Creeks.)
LOWERY, H. B. : — (See Fugitives from Justice.)
LUNATIC ASYLUM :— (See Asylums.)

Page.

Index to public
113 a^'ts.

381

444
444

McDowell :

' Act to authorize the construction of a turnpike road from
Malone and Wilson's Store in McDowell county to Flat
creek in Buncombe county," - .... 83

' Act to repeal an act to change part of the line that divides

Burke and McDowell counties,' 108

'Act relative to the sale of land by the commissioners of the

town of Marion in McDowell countjr,' . . . . 139
MACON :

' Act for the relief of G. B. Threadgill and J. L. Moore, former

sherifts of Anson and Macon counties,' - . . . 13*7
' Act to extend the time of J. M. Roane, sheriff, for making set-
tlement with county treasurer,' 169

Commissioners of Macon to fix compensation of gate keepers

of Western Turnpike Company, - ... 200

' Act to authorize county commissioners of Macon to levy a

special tax,' 202

Sheriff of Macon to give notice of election in Swain county, 270
Commissioners of Macon to provide for such election, - 271

MADISON :

' Act to limit the powers of township trustees in the counties

of Madison, <fec.,' 239

MANUFACTURERS :— (See Trade Mark.)
MARION : — (See Cities, Towns and Villages.)
MARION AND CRANBURY R. R. CO.:

' Act to incorporate,' 3/75

MARKS:— {See Trade Mark.)
MARTIN :

' Act to extend the time for collecting and paying over the

taxes for county purposes in Martin county,' ... 57
• Act to change the time of holding the spring term 1871, of

Martin superior court,' 203

MEADOWS ;

' Act in relation to the meadows of Rockingham county,' - 282

828 1870-71. —Index to Prr.Lic Acts.

Page.

Index to public MILEAGE : — (See Perdiem and Mileagk.)
acts.' MILITIA :

' Act to repeal act to secure the better protection of life and

property,' 47

Repeal of sections 8 to 22 of act Aug-. lUh, 18C8, relative to

the Militia, 202

MINORS:— {See Guardian and Ward.)
MISDEMEANORS :— (See Crimes and Punisiimento.)
MITCHELL :

' Act to legalize certain acts of the commissioners of Mitchell

county,' - - 234

How townships legalized ; proviso, 234

' Act to authorize the commissioners of Mitchell county to levy

a special tax,' 316

MOORE :

' Act to authorize the commissioners of Moore county to issue

bonds,' 317

Amount and denominations ; conditions, - - . . 317
Redemption; special tax ; bond of trustee, - - - 31*7

Trustee to liquidate county debt, - - - - - 318

MOREHEAD CITY:— (See Cities, Towns and Villages.)
MORTGAGE:— (See Deeds and Conveyances.)
MOUNT AIRY R. R. CO.:

' Act to incorporate,' 339

MUNICIPAL CORPORATIONS :—( See Cities, Towns and Villages.)

MUNICIPAL ELECTIONS :— (See Elections.)

MUNICIPAL OFFICERS:— (See Cities, Towns and Villages.)

N-

NASH :

' Act to change the line between the counties of Edgecombe

and Nash,' -----.... 256

' Act to autliorize county commissioners of Nash to levj^ a

special tax,' . . . , 289

' Act supplemental to act to change the line between the

counties of Edgecombe and Nash,' 444

NAVAL EXTENSION R. R. CO.:

' Act to incorjiorate, . 350

NAVIGATION AND PILOTAGE:

'Act to amend laws 1868-69, chap. 208, sec. 1, concerning the
I election of commissioners of navigation and pilotage, - 252

City of Morehead allowed to elect two of the commisssoners

of N. and P., for the port of Beaufort, .... 253
NEWBERN:— (See Cities, Towns and Villages.)

1870-71. — IxDEx TO Public Acts. 829

Page,
NEWBERN AND WASHINGTON R. R. CO. : Index to public

' Act to incori)orate,' 421 acts.

NEW HANOVER:

' Act to change the time of holding the superior court of New

Hanover county,' 243

' Act for the relief of J. W. Schenck, jr., sheriff of New Han-
over,' - - 291

' Act to repeal act concerning constables in New Hanover

count}', ratified March 26th, 1870,' 441

NEWPORT RIVER:— (See Rivers and Creeks.)
NORTH CAROLINA LAND CO.:

' Act to incourage immigration into North Carolina and to in-
crease the capitol of the State,' 171
President N. C. Land Co., made commissioner of immigration, 171
NORTH CAROLINA R. R. Co.:

' Act to supply a temporary deficiency in the treasury,' - 90

Treasurer directed to borrow .$180,000 from N. C. R. R. Co., 91
' Act to transfer from N. C. R. R. Co., to Atlantic and N. C.
R. R. Co., and to consolidate that portion of N. C. R. R.,
between Goldsboro' and Raleigli with A. & N. C. R. R. - 431
NORTH CAROLINA R. R. AND MANUFACTURING CO:

' Act to incorporate,' 126

NORTHEAST BRANCH CAPE FEAR RIVER:
(See Rivers and Creeks.)
NORTH WESTERN N. C. R. R. CO. ;

' Act to enable N. W. N. C. R. R. Co., to comjilete their road

to Salem,' 265

NOTICE :

Of sale under execution to be given to plaintiff in the exe-
cution, 198

NOTTALAH:— (See Rivers axd Creeks.)

OFFICERS :

' Act to repeal parts of and amend other parts of act concerning

powers and duties of state officers,' - - - - 172

' Act to render valid and binding the acts of certain officers in

the State, and for other purposes,' 335

Preamble ; incumbent to be deemed rightful officer until

conflicting claims legally settled, 3,35

Official acts of incumbent made valid, .... 335

This act not to affect contests, 836

OFFICIAL BONDS:— (See Bonds.)
ONSLOW :

' Act to authorize the commissioners of Onslow county to ad-
just the tax lists now in the liands of the sheriff/ - . 135

830 ISTO-'Tl. — Index to Public Acts.

Page.

Index to public ONSLOW — (Continued.)

"'^ Commissioners to hear complaints ; what complaints, - 135
Alterations in ta.x lists; where judgments have been ren-
dered, 135

Limitation of this act ; right of appeal, - - - - 135
'Act authorizing commissioners of Onslow county to levy a

special tax,' 37*7

ORAKGE:

' Act to allow tiie legal representatives of John Turner, late

sheriff of Orange county, to collect arrears of taxes,' - 8*7

'Act to allow the commissioners of Orange county to levy a

special tax,' Ill

' Act in favor of the sureties of H. B. Gutherie, late sheriff of

Orange,' 322

Transfer of power conferred on John Turner, - - - 322
OUTLAWS : — (See Fugitives from Justice.)
OXFORD AND HENDERSON R. R. CO. :

' Act to incorporate,' 229

OXFORD AND HILLSBORO' R. R. CO. :

' Act to incorporate,' 424

PAMLICO RIVER :— (See Rivers and Creeks.)
PARDON :

' Act to amend act to regulate the manner of applying for par-
dons,' - - - - IIP)

Section 2 amended; sections 3, 4 and 5, repealed, - - 117
PAY: — (See Per Dieii and Mileage, and Sal.^ries and Fees.)
PEDEE:— (See Rivers and Creeks.)
PENITENTIARY :

Ajipropriation of ^15,000 special tax money to Penitentiary, 66
An act for the relief of the penitentiary, . . . - 91
Governor to issue warrant upon the treasury for !? 15,000, - 92
Amount to be drawn by commissioners ; how applied, - 92

' Act to authorize the public treasurer to pay money to erect

the penitentiary,' - - ... . Hf,

Appropriation of ?;1 5,000; Go'.ernor to issue warrant, - 146
'Act in relation to convicts,' - - - - - - - 191

Certain convicts to be received in the penitentiary, - - 191
State not liable for expense until convict in penitentiary, - 192
County commissioners may emplo}- convicts ; powers con-
ferred, - - 192

Powers of officers in charge of convicts, ... - 192

Further powers of county commissioners, .... 193

' Act for the better government of the jjenitentiarj',' - - 290

1870-71. — Index to Public Acts. 831

Page.

PENITENTIARY— (CoxTiNUED.) t ., ^ w

^ •' Index to public

Office of commissioners abolished ; board of directors, - 290 acts.

Warden and other officers ; compensation of board and offi-
cers ; vacancies, - - - 290

Powers of commissioners conferred on directors ; transfer, - 291
Election of directors ; contracts and awards, ... 291
Tax levied in support of penitentiary, .... 359

PER DIEM AND MILEAGE :

' Act to repeal an act in relation to mileage and per diem, rati-
fied Nov. 26th, 1869.' 49

' Act to fix the per diem and mileage of members and officers

of the general assembly of 18'70-"71,' - - - - — 54

President and speaker ; mileage, _ - ... 54

Members; principal and assistant clerk ; other clerks, - 55

Doorkeepers and assistants, ...--. 55

' Act in relation to the pay of witnesses attending the court

of impeac iment,' - - . . ... 115
Compensation ; to whom applicable ; clerk to give certifi-
cate, 116

Of jurors and witnesses in superior courts, - - - 208

PERQUIMANS:

' Act to provide for the levying of a sijecial tax in the county

of Perquimans,' 215

Limit of tax; object; proviso, 215

PERSON :

W. A. Allen, appointed commissioner to take depositions re-
lative to senatorial election in Granville and Pearson, - 43
' Act to authorize the levy of a special tax for the county of

Person,' -- 115

Limit ajjd object; to be submitted to the people, - - 115

' Act to extend the time of Jos. Pointer to settle with county

treasurer,' 232

'Act to establish the boundary line between Granville and

Person,' 349

County survej^ors to meet ; report, 349

Lawful boundary ; expense of survey, .... 350

PETERSBURG AND GREENSBORO' R. R. CO. :

' Act to incorjjorate,' ... ....184

PILOTAGE : — (See Navigation and Pilotage.)
PITT:

'Act to change the time of holding the spring term 1871, of

Pitt superior court,' - 276

PLANK ROAD :— (See Roads and Turnpikes.)
PLANTERS R. R. CO.:

' Act to amend act of incorporation,' 314

' Act in relation to public lands,' 411

832 1870-'71.— Index to Public Acts.

Page.
Index to public TLANTERS U. R. CO.-(Continued.)

acts. Title to be made to Planters R. R. Co., on certain conditions, 412

' Act to amend charter of Planters R. R. Co., and to consolidate

it with Wil. and Onslow R. R. Co.,' .... 412

POLICE :

Agricultural societies rigiit to appoint, .... 278

POLITICAL ORGANIZATIONS :

(See Secret Political Organizations.)
POLK :

Section 5 of act incorporating Columbus normal school re-
pealed. - - - . - - - - - .159
County commissioners maj^ sell count}' property, . - 159

' Act to authorize county commissioners of Polk and Jackson

to levy a special tax,' 210

POLL TAX :— (See Taxes.)
POOR HOUSE:

' Act concerning the poor house of Lincoln county,' . - 111

Commissioners of Harnett empowered to sell part of poor

house land, 397

PRESIDENT OF SENATE:

Power to appoint proxies and directors in certain corpora-
tions conferred on president of senate and speaker of house

of representatives, 447

PRINTER AND PRINTING:

' Act to abolisli the office of state printer and for other pur-
poses,' - . - 43

Office abolished ; joint committee to make contracts, . - 43
' Act to repeal certain parts of ordinance ratified March 13th,

1868,' - 53

Right of code commissioners to contract for printing abol-
ished, .... 53

' Act in relation to printing the general statutes,' - . - 127

Secretary of state directed to have laws printed, - . 127

' Act in relation to copying the laws for the public printer,' - 167

Secretary of state to furnish copy to public printer, . - 167

' Act supplemental to act to raise revenue,' . - . 347

3,000 copies of revenue act and amended act to provide for

collector of taxes to be printed ; distribution, . - 347

(vSee Resolutions.)
PRIVATE SECRETARY :— (See Salaries and Fees.)
PROBATE JUDGE :— (See Superior Court Clerk.)
PROBATE OF DEEDS:— (See Deeds and Conveyances.)
PROCEEDINGS:— (See Special Proceedings.)
PROCEEDINGS IN CONTEMPT :— (See Contempt.)
PROCEEDINGS IN HABEAS CORPUS:— (See Habeas Corpus.)

1870-71. — Index to Public Acts. 833

Page.
PROCESS : Index to public

' Act to suspend the code of civil procedure in certain cases,' 92 '^'^^s.

Pi'ocess, how issued, returnable «fec., 93

' Act requiring sheriffs and coroners to give notice to parties
in whose favor they may have process for the collection of

money,' 198

Sheriff to give written notice ; fee, 199

Homestead, <fec., exemption ; time of serving notice, - - 199
In attachment, how process returnable, .... 248
How process returnable to spring term 1871 of superior

courts of Pitt and Beaufort, 276

Ai'ticles on exhibition at fairs exempt from seizure under

process, - - - - 279

PROCESSIONER :

' Act to authorize commissioners of Harnett county to appoint

a processioner,' . . - 389

PROXIES:

' Act to change the method of appointing proxies and directors

in corporations in which the State has an interest,' - 447

PUBLICATION AND DISTRIBUTION OF LAWS:— (See Laws.)
PUBLIC CHARITIES :

' Act to repeal parts of chap. 174, laws 1868-'69, relating to

public charities,' 168

PUBLIC GROUNDS :— (See Capitol and Pubuc Grounds.)
PUBLIC INSTRUCTION:— (See Education.)
PUBLIC LANDS :— (See Lands and Vacant Lands.)
PUBLIC PRINTER :—( See Printer and Printing.)
PUBLIC TREASURER^— (See Treasurer.)
PUNISHMENT:— (See Crimes and Punishment.)

QUARANTINE :

' Act to rejjeal an act for the better preservation of the public
health by establishing suitable quarantine regulations for

Beaufort harbor, N. C, 319

' Act of April 12th, 1869, repealed,' 319

Quarantine physician to dispose of State property, - - 319

RAILROADS :

Albemarle Swamp Land Company :

Authorized to construct a railroad in Beaufort county from

Pantego to Indian river,- 240

Atla::»tic and North Carolina Railroad Co. :

' Act to transfer from the N. C. R. R. Co., to A. & N. C. R. R.

834 1870-' 71. —Index to Public Acts.

Page.
Index to public RAILROADS — (Continued.)

^^*^- Co., and to consolidate that portion of the N. C. R. R., be-
tween Goldsboro' and Raleigh, with A. <fe N. C. R. R., - 431
Stockholders of N. C. R. R., may make transfer, - - 431
Proposition to be submitted to private stockholders ; con-
ditions, - 431

Rates of fare and freight ; officers N. C. R. R. may lease

part of road, - 432

Question to be submitted to steckholders A. & N. C. R. R., 432

Road transferred to remain subject to pledges of N. C. R. R., 433

Transfer to be immediate, 433

Atlantic, Tennrssee and Ohio R. R. Co. :

' Act to amend an act to incorporate A. T. & 0. R. R. Co.,' - 150

' Act of Feb. 15th, 1855, amended,' 150

ASHEVILLE and VIRGINIA R. R. CO.:

'Act to incoi'porate the A. & V. R. R. Co.,' . . . . 393

Location ; corporate name ; corporators ; coi'porate rights, 393

Capital stock ; books of subscription, ----- 394

Election of directors ; president, 394

Liability of subscribers ; county subscriptions, - - - 395

Survey ; right of way, ------- 395

Right to appropriate lands; exemption of officers from civil

duty, -----.-..- 396

When construction to begin ; may lease, sell or consolidate, 396
Carthage and Randolph R. R. Co :

' Act to incorporate the C. & R. R. R. Co.,' - - - - 436

Capital stock ; shares ; corporate name, . - . . 436

Location of road ; right and privileges, - . . - 436

Commissioners to open books of subscription ; meeting, - 437
President and directors ; secretary and treasurer ; terms of

office, - - - 437

Annual report ; county and corporate subscriptions, - - 438

Right to condemn lands ; survey, 438

Commencement of construction ; conditions of subscriptions, 439
Catawba Valley R. R. Co.:

' Act to charter the C. V. R. R. Co.,' 217

Location; corporators; corporate name ; capital stock, - 217

Corporate rights ; shares ; subscriptions, - - - - 218

President ; right to condemn lands, 218

May borrow money and issue bonds, ----- 219

May lease road : payment of stock subscriptions, - - 219

Work to be commenced in four years, - . - . 220

Subscriptions by municipal corporations and counties ; vote, 220

Division of profits, 221

Georgia and N. C R. R. Co.:

' Act to incorporate the G. and N. C. R. R. Co.,' - - - 249

1870-71. — L^IDEx TO Public Acts.

835

RAILROADS— (Continued.)

Location ; corporators ; corporate name ; capital stock,
Corporate riglits ; subscri^^tion ; books of subscription,
Meeting of subscribers ; annual meetings ; directors, -
President; exclusive riglit of conveyance; right to lease, -
Further powers ; maj' condemn lands; contracts,

Hat^'oob and Cane Creek K. R. Co.:

' Act to incorporate the H. and C. C. R. R. Co.,'
Capital stock ; shares; corporate name; location.
Corporate rights ; right to condemn lands; exclusive rights,

Corporators ; books of subscription,

Meeting of stockholders ; directors ; president, -
Manner of paying stock ; treasurer and secretarj^ ; report, -
Meetings ; subscription by corporations, - - - .
Subscriptions in labor, etc. ; may lease franchise,
Issue bonds; no discrimination in freight, etc., -
Exchange of bonds with Chatham R. R. Co., ...
Commencement of construction,

Kenansville and Clinton R. R. Co.:

' Act to construct a railroad from Kenansville, in Duplin
county to Clinton, in Sampson county,' -
Location ; corporators ; corporate name, . . . -
Capital stock ; corporate rights ; subscription to stock.
Shares ; books of subscription ; meeting of stockholders,
Diiectors; president; right to condem land.
Municipal subscriptions ; to be submitted to voters, -
Subscriptions how payable ; corporations may issue bonds.
Power to lease road ; exclusive right of conveyance, -

KiNSTON AND Kenansville R. R. Cc:

' Act to incorporate the K. and K. R. R. Co.,' ...

Location ; corporators ; corporate name ; capital stock.
Corporate rights ; subscription to stock ; books of subscrip-
tion, .-..--...-
JMeeting of stockholders ; directors ; president, -
Right to condemn lands ; appeal ; right to lease franchise, -
May borrow money and issue bonds ; exclusive rights,

Marion and Cranberet R. R. Co.:

'Act to incorporate the M. and C. R. R. Co.,'

Capital stock; corporate name ; location, - . . -
Corporate rights ; condemnation of land, . - - -
Directors ; president ; book of subscription,
Reorganization; guage; rights and privileges ; bonds.
Policies of insurance, -

Miscellaneous :

' Act creating a commission to inquire into charges of corrup-
tion and fraud,'

Pacie.

Jn.'lcx to public
250 acts.

250

251

252

284
285
285
285
286
286
287
287
288
288
289

225
225
226
226
226
227
228
229

257

257
258
258
259

375
375

375
370
370
377

117

836 1870-'T1. — Index to Public Acts.

Page.
Index to public RAILROADS— (Continued.)
ficts. Commissioners appointed to inquire into charges of fraud in

relation to sale of railroad bonds, etc., - - - - 117
' Act to compel the presidents and directors of the several
railroads in this State to account with their successors in

office for the property and affects of said companies,' - 136

Officers to account with their successors; penalty for refusal, 130

Governor to make requisition upon other States, - - 130

Penalty for delaj'ing or defeating execution of this act, - 130

To whom provisions of this act applicable, - - - 130
' Act to punish officers and agents of railroad con^panies and

other persons for embezzlement and other offences,' - 105
' Act for the promotion of immigration and the settlement of

the unimproved lands of the State,' .... 345;

Incorporation of railroad immigration association, - 343
Repeal of act to provide manner of bringing suits against R.

R. Companies, - - - - 445

' Act to change the method of appointing proxies and directors

in all corporations in which the State has an interest,' - 447

Mount Airy Railroad Company :

f ' Act to incorporate the Mt. Airy Railroad Company,' - - 33f)

Corporators ; books of subscription ; capital stock ; shares, 33^>

Location; corporate name ; rights and privileges, - - 330

Meeting of subscribers ; president and directors ; furtlier

rights, 340

Subscription by counties ; vote to be faker. ; counties ma}-

issue bonds, 341

Increase of capital stock ; company may borrow money, - 342

May receive land as subscription ; proviso, - - - 342

Subscription binding from time of making it, - - - 343
Naval Extension Railroad Company:

' Act to incorporate the N. E. R. R. Co.,' .... 350

Location ; capital stock ; corporate rights, - - - 350

Subscription to stock ; shares; books of subscription, - 351
Meeting of subscribers ; corporate name ; annual meetings;

directors, 351

By-laws; president; term of office, ----- 352
Exclusive right of conveyance ; contracts ; payment of sub-
scriptions, - - 352

Certificate of stock ; section of road may be used ; right to

issue bonds, ... - - . . . 353

Deed of trust, etc., on road ; limitation of charter, - - 354

Municipal subscription ; to be submitted to voters, - - 354

County subscription, to he submitted to voters, - - - 355

Division of profits ; notice of process, . - - - 356

May farm out rights ; additional powers, - . - - 350

1870-71. — Index to Public Acts.

837

Page.

RAILROADS— (Continued.)

Ne-vvbekn and Washington E. R. Co. : f

' Act to charter the N. and W. R. R. Co.,' . - - -
Corporators ; corporate name ; powers and privileges,

Capital stock ; shares,

Commissioners to open books ; first meeting of stockholders.
President and directors ; manner of paying for stock,

Treasurer ; terms of office ; survey,

Annual report ; county or municipal subscription.
Commencement of construction ; right to lease franchise, -
North Carolina Railroad Company:

' Act to supply a temporary deficiency in the treasury, -
Treasurer authorized to borrow :i;l80,000 from N. C. R. R.

Co.,'

' Act to transfer from the N. C. R. R. Co., to Atlantic and N.
C. R. R. Co., and to consolidate that portion of N. C R. R.
between Goldsboro' and Raleigh with A. and N. C. R. R.,
North Carolina Railroad Manufacturing Company ;

* Act to incorporate N. C. R. R. and M. Co.,' - - - -
Corporators ; capital stock ; shares ; location of railroad, -
Powers of company ; further powers ; may issue bonds,

Guage of railroad,

North Western North Carolina R. R. Co. :

' Act to enable the N. W. N. C. R. R. Co., to complete their

road to salem,'

Preamble ; company may consolidate with other railroad Co.,
Charter of connecting railroads amended, - - - -
Transfer of rights, privileges and franchise ; proviso,
Oxford and Henderson R. R. Co. :

' Act to incorporate 0. & Hen. R. R. Co.,'

Capital stock ; shares ; corporate name, . - - -
Location ; corporate rights ; may condemn lands.
Exclusive right of conveyance ; corporators,
Stock subscription ; meeting of stockholders,
President and directors ; manner of paying subscriptions, -
Treasurer ; term of office ; survey ; vacancies, -
Secretary, report, municipal and corporate subscription,
Increase of capital stock, manner of construction,
Oxford and Hillsboro' Railroad Company:
' Act to incorporate 0. & Hillsboro' R. R. Co.,'
Capital stock, shares, corporate name, location, -
Corporate powers, commissioners to receive subscriptions, -
Meeting of stockholders, president and directors.
Treasurer, engineer, survey, vacancies, secretary.
Annual report, county or corporate subscription.
Increase of capital, commencement of construction.
Power to mortgage franchise,

Index to public
acts.

421
421
421

422
422
423
423
424

431

126
126
126
VII

266
265
265
266

229
229
229

229
230
230
231
281
232

424
424
425
426
426
427
427
428

838 1870-71. — Index to Public Acts.

Page.

Index to public RAILROADS— (Continued.)

acts. Petersburg a^d Greensboro' R. R. Co. :

' Act to incorporate the P. & G. R. R. Co.,' - - - - 184

Location, corporate name, viglits and privileges, - - - 184

Capital stock, shares, corjjorators, commissioners, - - 184

Subscription books, meeting of subscribers, annual meetings, 185

Directors and term of office, by-laws, president, - - 185
Location, powers to enforce subscription, and condemn

lands, .----.-... 185

Certificate of stock, may borrow money and issue bonds, - 186

Exclusive right of conveyance, municipal subscription, - 186

Subscriptions in land, money, bonds or stock, - - - 186
Planters Railroad Company :

' Act to amend act to incorporate Planters R. R. Co., - - 3l4

Change of termini of road, - - - - - - - 314

Board of education to enter into writings to make title of

certain lands to Planters R. R. Co., on certain conditions, 412
' Act to amend the charter of the Planters R. R. Co., and to
consolidate the same with the Wilmington and Onslow R.

R. Co. - - - - 412

Amendment to charter of Planters R. R. Co., - - - 412

Consolidation with W. and 0. R. R. Co., . ... 413

Name of consolidated road, corporate powers, - - - 413

Road may be constructed to Newbern, - - - . 413
Roanoke and Tar River Railroad Company :

' Act to incorporate R. and T. R. R. R. Co.,' - - - - 156

Location of road, corporators, - - - - - - 156

Capital stock, coporate powers, subscription to stock, - 157

Shares, books of subscription, meeting of stockholders, - loY

Election of president and directors, land may be taken, - 157

Manner of valuation, directors may borrow money, - - 158

Exclusive rights, may hold stock in other companies, - 158

May cross other R. R. tracks, guage, 158

*"" — ■ Shelby and South Carolina R. R. Co. :

' Act to amend laws 1869-70, chap. 106,' . - . - 415

Shelby and S. C. R. R., may extend its road, - - - 415

Municipal and county subscriptions, vote to be taken, - 415
Spartansburg, Columbus and Rutherford R R. Co.,

' Act to incorporate the S. C. and R. R. R. Co.' - - 390

Corporators, corporate name, rights and privileges, - - 391

Subscription to stock, capital stock, directors, - - - 391

By-laws, president, survey, location, ----- 392
County and corporate subscription, right of way, shares,

guage, - - - - 392

Statesville Air Line R. R Co.:

' Act to incorporate the Statesville Air Line R. R. Co.' - 260

1870-71. — Index to Public Acts. 839

Page.
RAILROADS-(Co.TixuED.) j^^^^ ^^ p^^^.^

Location, corporate name, rights and privileges, - - 260 acts.

Capital stock, books of subscription, meeting of subscribers, 261

Directors, president, annual meetings, - - - - 261

Power to enforce subscription, northern section to be first

completed, - - 262

May issue bonds, exclusive rights, 262

Warrenton R. R. CO. :

' Act to incorporate the Warrenton R. R. Co.,' - - - 104

Corporators, capital stock, location, name, - - - - 104

Rights and privileges,meeting of subscribers, - . . 105

President and directors, term of oflfice, .... 105

Quorum, vacancies, further rights, 105

Commissioners of Warranton may subscribe, number of

shares, - 106

Election, advertisement, qualification of voters, manner of
voting, 106

Result to be recorded, commissioners may issue bonds, - 106

Taxation, negotiation of loans, capital stock, representation, 107
Western R. R. Co. :

' Act to restore to the Western R. R. Co., its original chartered
privileges, to regulate the appointment of State directors,
and to define the vote of the State in the general meetings
of the stockholders of said company,' .... 50

Pi-esident and directors, four directors to be appointed by

State, 50

Five directors and president elected by stockholders, - 51

Repeal of part of act of August 21st, 1868, original charter

re-enacted, 51

State proxy to vote-one-half individual votes cast, - - 61

State not to vote on amendment to charter, act to be sub-
mitted to stock vote, - - 51

Governor to be notified of acceptance, president and direc-
tors to be elected, 51

Western North Carolina R. R. Co. :

' An act for the benefit of the W. N. C. R. R. Co.,' - - - 128

Meeting of stockholders, how to be called, - - - 128

Removal of directors and officers, State directors, State proxy, 1 29

State directors and proxy, how to be appointed hereafter, 129

Penalty for failure of officers to transfer property, - - 129

Money of company not to be used to delay operation of this

act, 129

President and treasurer, depot near Asheville, - - - 130
* Act to repeal an act to amend the charter of the W. N. C. R.

R. Co., ratified August 19th, 18G8, and for other purposes, 401

Increase of capital stock, contracts for construction, - - 402

840

1870-71. — Index to Public Acts.

Index to public

acts.

Page.

RAILROADS— (Continued.)

May operate in connection witli other roads, - - 402

Charter of August 19th, 1868, repealed, proviso, - - 402

Rights of stock in Western division, 403

WiLLIAMSTON AND TARBORO R. R. Co. :

' Act to amend the charter of W. & T. R. R. Co.,' - - - 443

Manner of voting stock ; repealing clause, - - - . 443
Wilmington and Onslow R. R. Co. :

' Act to incorporate the Wil. and Onslow R. R. Co.,' - - 98

Guage ; location ; corporators ; rights and powers, - - 98

Capital stock ; shares ; books of subscription, - - - 99
Subscriptions how payable; counties and corporations

authorized to subscribe ; proviso, 99

Election to carry subscriptions into effect, ... loO

Commissioners, &c., may collect taxes, issue bonds, tfec, - 100

Security for payment of subscription ; general meeting, - 101

Directors; term of office ; meetings: vote; stock vote, - 101

Elections; directors to elect president, - - - - 102

Company may purchase land and locate town, - - - 102

May own steamboats, &c., may lease its franchise, - - 102

Public carriers ; further rights ; limitation, - - - 103
Consolidated with Planters Railroad Companj- under tlio

name of Wilmington and Planters R. R. Co., - - - 412
Wilmington and Planters R. R. Co. :

' Act to amend charter of Planters R. R. Co., and to consolidate

the same with the Wil. & Onslow R. R. Co.,' - - - 412

Charter of P. R. R. Co., amended, 412

Consolidation of P. R. R. Co., with W. and O. R. R. Co., - 413

Consolidated road called Wil., and Planters R. R. Co., - 413

Powers ; road may be constructed to Newborn, - - - 413
■ — Wilmington, Charlotte and Rutherford R. R. Co. :

' Act declaratory of the meaning of act to repeal certain acts
passed at the session of 1868-69, making appropriations

to railroad companies, etc.,' ------ 58

Preamble ; power of governor to appoint directors in Wil-
mington, Charlotteand Rutherford R. R. Co., declared void, 59
Governors appontees to transfer property ; penalty for re-
fusal, - - - - 59

Riglit of State not to be affected, —
' Act to return to the W. C. and R. R. R. Co., its first mortgage

bonds in exchange for other bonds of the company, - - 113

When and how bonds may be exchanged, - - - - 113

Bonds to be held as collateral security, - - - - 114

Treasurer to deliver first mortg-age bonds, - - - - 114

Part of proceeds to be used on Western division, - - 114

1870-71. — Index to Public Acts. 841

Page.
RAILROADS— (Continued.) Index to public

Yadkin Railroad Company : ficts.

' Act to incorporate the Yadkin R. R. Co.,' - . - . 382

Corporate name ; location, 382

Capital stock ; shares ; meeting of subscribers, - - - 383
Directors ; president ; annual meetings ; commisioners to

open books, 383

Subscriptions by counties and coi'porations, - - 384

Subscriptions of land ; donations ; enforcing subscriptions, 885

Condemnation of land ; proportion and votes of stock, - 385
Tancetville, Danville and Coal Field R. R. Co. :

' Act to incorporate the Y. D. and C. F. R. Co.,' - - - ll'T
Corporate name ; capital stock ; shares; location; term, 1*77
Commissioners to receive subscriptions ; books of subscrip-
tion, --........ IVY

Conditions of incorporation ; powers and privileges, - - 178

Meeting ®f stockholders ; election of president, directors etc., 178

Annual election ; vacancies, 179

Payment of subscriptions ; certificates of stock, - - - 179

Contracts ; increase of capital stock, 180

Lands may be taken; manner of valuation, - - - 180

Exclusive right of conveyance ; division of profits, - 181

Notice or service of process ; may issue^^bond-:, - - - 181

Right to hold property ; punishment for intrusion, etc., - 182

Employees exempt from public duty, .... 182

Construction of road to begin at Danville, - - . . 182

Company may receive subscription of real estate, - - 183 '

Salary of president ; subscription of stock by corporation, - 183
RAILROAD IMMIGRATION ASSOCIATION :

Incorporation of, 343

RANDOLPH :

' Act to authorize county commissioners of Randolph to ap-
point a tax collector,' - G5

Commissioners to appoint, collector to give bond, - - 65

Term of appointment one year, clerk to deliver tax books, - C5

Remuneration, jjowers and duties, 05

' Act to make Deep river a lawful fence to a certain extent in

Randolph county, - . 429

' Act to prevent the felling of trees in Carraway creek in Ran-
dolph county, 441

RECORDS:

'Act in relation to the burnt records of Clay county, - - C2
' Act to restore and reinstate records of the several courts of
the State destroyed by fire and otherwise during the late

war,' 148

842 1870-'71.— Index to Public Acts.

Page,
Index to public RECORDS— (Continued.)
^^^^' Jurisdiction of probate judge in regard to lost or destroj-cd

deeds of recoi'd, 214

' Act amendatory of act in relation to the bui-nt records of

Clay county,' 214

REGISTERS OF DEEDS :

(See Deeds and Conveyances and Salaries and Fees.)
REGISTRATION OF DEEDS:— (See Deeds and Conveyances.)
RELEASE, DEEDS OF :— (See Deeds and Conveyances.)
RELIEF :

For sheriffs relieved from penalties :
(See Taxes.)
REMOVAL OF CAUSES:— (See Courts.)
REPEAL:

Virtual repeal of chap. 120, laws 1869-70, - . . . 43
of act to secure the better protection of life and property, • 47
of chap. 103, sec. 3, revised code, relating to keeper of the

capitol, . - 47

of chap. 1, laws 1869-70, relating to per diem and mileage, 49
of part of act of August 21st, 1868, in relation to Western

R. R. Co., -.-.---.. 51

of chap 52, laws 1868-69, relating to powers amd duties of

governor in respect to fugitives from justice, - - - 53
of section 8, of chap. 41, of ordinance of March 13th, 1868,

in reference to public printing, 53

oif part of sec. 2, chap. 71, laws 1868-69, relating to special

tax money, 56

-«■»* of sec. 28, chap. 5, laws 1868-69, relating to elections, - 61

of sections 7 and 8, chap. 167, laws 1868-69, relating to

punishment of assault with intent to kill, etc., - - 94

of act to change part of line dividing Burke and McDowell

counties, - - - 108

of proviso of sec. 1, act July 27th, 1868, in relation to filling

vacancies in county offices, - - - - - - 139

of sec. 6, chap. 86, laws 1856-57, in relation to Columbus

normal school, 159

of act in relation to taking fish from N. E. branch Cape Fear

river, ----..--.. 165
of act allowing commissioners of Jones county to levy a

special tax, - - 167

of part sec. 2, chap. 170, laws 1868-69, relating to board of

public charities, - - - - - - - - 168

of parts of chap. 270, laws 1868-69, relating to powers and

duties of State officers, - 172

of chap. 44, laws 1868-69, and chap. 131, laws 1869-70, re-
lative to attornej's at law, - - - - - - 189

1870-'71. — Index to Public Acts.

848

Page.
REPEAL— (Continued.)

of sections 8 to 22, of act Aiigust 17th, 1868, relative to

militia, 202

of chap. 1 to 10, title XXI, and title XII, C. C. P.. and chaps.

2, 7, 8, 9 and 10, and sec. 1 of chapter 11 of chap. 279,

and chap. 147, laws 1868-69, and chaps. 88 and 168, laws

1869-70, relative to salaries and fees, .... 213

of chap. 12, laws 1868, chap. 37, laws 1868-69, and section

1, chap. 5, private laws 1868-69, 242

Conditional repeal of sec. 1, chap. 46, private laws 1857, - 267

of chap. 121, private laws 1861, 267

of act of March 28th, 1870, relating to drawing seines in Tar

river, (fee, 281

ofjiroviso of sec. 1, of act August 3rd, 1868, relative to

Chatham R. R. Co., -------- 288

of act forbetter preservation of public health by establishing

quarantine, &c., for Beaufort, N. C, - - - - 319

of part of act in relation to lunatic asylum of March 9t]i,

1869, 373

of section 9, of act in relation to lunatic asylum, - - 375

of sections 58 and 59, C. C. P., 381

of section 9, chap. 184, laws 1868-69, - - - - 387

ofact to amend charter W. N. C. R. R. Co., Aug. 1868, - 401
of act concerning constables in New Hanover, March 1870, - 441
, of act concerning manner of bringing suit against railroad

companies, 445

REPLICATION :— (See Impeachment.)

REPORTER SUPREME COURT:— (See Salaries and Fees.)
REQUISITION OF GOVERNOR:— (See Fugitive from Justice.)
REVENUE :

' Act to amend act to raise revenue, laws 1869-70, chap. 229,

sec. 18th, ......... 187

Tobacco warehousemen to pay license tax of $30, - - 187

' Act supplemental to an act to raise revenue,' - - - 347

Copies of revenue act and amended act to jn-ovide for collec-
tion of taxes to be jirinted ; distribution, - - - 347

' Act to raise revenue. - - - 368

Poll tax ; object; objects of taxation, .... 358

Class 1.

Asylum tax ; deficiency tax ; penitentiarj- tax, - - - 859
Class 2.

Incomes and profits, 359

Deductions; tax on estate directly descended, - - - 360

Collateral descendent, devisee &c., 360

Duty of executors, administrators, etc., - - - - 361

Index to i:)ublic
acts.

844 1870-'71.— Index to Public Acts.

Page.
Index to public REVENUE-(Contin«ed.)
acts. Schedule B.

Theatres ; concerts ; museums ; circuses, .... 362
Itinerants; gift enterprises ; banks agents, - - - 862

Billiard saloons ; bowling alleys, 362

Liquor dealers ; retailers ; distillers, 363

Merchants, etc. ; provisos, 363

Hotels, etc. ; ferries ; bridges, etc. ; riding vehicles ; auc-
tioneers, 364

Commission merchants; livery stable keepers, - - - 366

Itinerant dentists; peddlers, 365

Lightning rod men ; itinerant liquor dealers, - - - 366
Gipsies, etc. ; drummers ; bankers, . - . . . 366

Insurance companies, 367

Traders license; form, 368

Duty of register of deeds, 369

Penalty for failing to take out license; dut}' of sheriff, - 370

Schedule C.
Express companies ; telegraph companies; scrolls and seals, 371
Marriage licenses ; deeds, etc. ; charters of incorporation, - 372

Fines ; penalty ; repealing clause, 373

REVISED CODE:

Chap. 103, sec. 3, relating to keeper of the capitol, repealed, 47
Chap. 36, sec. 4, relating to powei of governor in regard to

fugitives from justice, re-enacted, 53

Chap. 6. relating to N. C. Institution for the deaf and dumb

and the blind, amended, 88

Chap. 9, relative to attorneys at law re-enacted, - - 189

Chapter 37, sec. 23, relative to deeds and conveyances,

amended, . - - . .... 338

REWARDS : — (See Fugitives from Justice.)
RICHMOND:

' Act extending the powers of the commissioners of Richmond

county, 390

Commissioners may elect tax collector, .... 390

RIVERS AND CREEKS:

' Act making South Yadkin river in counties of Rowan and

Davie a lawful fence,' 138

' Act-in relation to taking fish from N. E. branch of Cape Fear

and for other purposes,' - - - - - - - 164

' Act to prevent the felling of trees in Little river," . - 193

' Act in relation to obstructions in Nottalah and Hiawassee

rivers,' 247

' Act in relation to fishing in the waters of Pamlico and Tar
rivers and of Tranters creek,' 281

1870-71. — Index to Public Acts. 846

acts.

Page.

RIVERS AND CREEKS— (Continued.) Index to public

Dan and Smith rivers made lawful fence, ... - 282

' Act to prevent the felling of trees in Yadkin river,' - - 321
' Act to authorize commissioners of Gaston county to levy a

special tax to build bridge over South Fork river, etc.,' - 323
' Act to remove obstructions in the Pedee, Yadkin and Wharie

rivers for the purpose of allowing passage for shad, etc.,' 418
' Act to prevent obstruction of Newport river in Carteret

county,' 429

' Act to prevent the felling of trees in Carraway creek in Ran-
dolph county,' 441

ROADS AND TURNPIKES:

' Act to authorize the construction of a turnpike road from Ma-
lone and Wilsons store, in McDowell county, to Flat creek,

in Buncombe county,' 83

Authority granted to Patton and others ; location ; to be re-
revised, 83

Rates ; exemption ; limitation ; penalties, - - - - 84

' Act to charter the Tennessee River Turnpike Co.,' - - 131

Corporators ; subscription to stock, 131

Shares; location; organization; grade; corporate name, - 132
Exemptions from rates ; commission to examine road ; toll

gates; exemptions, 132

Rates of toll ; penalty for non-payment ; proviso, - - 133

• Act to make failure to work on the public road a misdemeanor,' 138

Penalty for failure to work on road; proviso, - - - 138
' Act to amend act relative to Western Turnpike Road leading

from Asheville westward,' - - - - - H^

' Act of 1869 amended by inserting Haywood,' - - - 147

. ' Act to establish the Whiteside Mountain Turnpike Company,' 159

Corporators; location of road, 169

Grade and width ; commissioners of Macon to appoint exam-
iners, 160

Gates and tolls ; right of way ; rates, .... 160
Tolls may be changed, but not increased, - - - 161
•Act to incorporate the Hi wassee and Cheoah Turnpike Co.,' 194
Corporators ; corporate name ; powers and privileges ; loca-
tion, - 194

Right to condemn land ; valuation; certificates of stock, - 195

' Act to amend the charter of the Cheoah Turnpike Company,' 196

Location of road ; rates of toll, 196

'Act to amend laws 1868-69, chap. 8, sections 9 and 10, re-
lative to Western Turnpike Road,' 200

Commissioners of Macon to fix pay of gate keepers, - - 200

' Act relative to Western Turnpike Road,' .... 216

Rates of toll, 216

846

1870-71. — Index to Public Acts.

Vm-.e.

Index to public ROADS AND TURNPIKES— (Continued.)

' ^ ^" ' Act to lay out and construct a rond through the county of

Ashe,' '----- 221

Location; dimensions; grade; engineer and commissioners, 221

Valuation of condemned land ; labor may be enforced, - '">o
No one to work more tlian SO days ; township trustees to

report completion, - - . . . q.,,^
'Act to smend laws 1 869-70, chap. 6ti, to construct a road

through the counties of Ashe and Alleghany, - . 093

Amendment ; township trustees to report, - . 223
'Act to lay out and construct a public road from the town of

Sparta, in Alleghany, to the Virginia line, - . - 224

Location of road ; description, - . . . . qoi
Surveyor and commissioners to locate; valuation condemned

lands, 224

Commissioners of Alleghany may enforce labor, - . 225

Township trustees to report completion, - - . . 225

' Act in relation to road steamers, 442

'Act to incorporate the Warrenton and Macon Turnpike Co.,' 280

Corporators ; corporate name ; location ; capital stock, - 280

Shares ; board of directors ; president, .... 280

Vacancies ; powers, privileges and obligations, - - - 281

' Act to amend act to declare the Brevard French Broad and

Jones Gap Road a turnpike,' --.-.. 293
' Act of March 14th, 1870, amended; toll ; gates; tolls jiow ap-
plied,' ----.-.... 293
' Act donating the States interest in the Fayetteville and War-
saw Plank Road to counties of Sampson and Duplin, - 382
Road donated to citizens for road steamers to be used thereon, 382
' Act to re-enact an act relating to a plank road leading from

High Point to Salem,' ..-.-.. 339
' Act to amend the charter of the Caldwell and Watauga Turn-
pike Company,' --..._.. 400
Exemption from toll for work on road, . - . . 400
' Act to establish a turnpike road from the town of Statesville,

in Iredell county, to Mt. Airy, in Surrycountj-,' - - 404

Location ; directors to supervise construction, - - 404

Surveyor ; description of road ; grade, .... 404

Condemnation of land ; convicts to be employed ; overseer, 405

Subscription to road ; commissioners may suspend work, - 406

Payment of wages and expenses ; road to be public, - - 407
' Act to lay out and construct a public road through the

counties of Wilkes and Walauga,' ..... 409

Location ; width and grade, - 409

Survey ; valuation of condemned lands, .... 409

Commissioners may enforce labor ; power over road hands, 410

18T0-'T1. — Index to Public Acts. 847

Page.
ROADS AND TURNPIKES— (Continued.) j^^^^ ^^ py^^ji^.

Township tinistecs to report completion, - - - - 410 acts.

' Act to incorporate Walnut Mountain Turnpike Companj-,' - 434

Corporators; corporate name; location, . . . . 434

Commissioners to -^iew the road, 434

Rates of toll ; term of chartered powers, - - - - 435

' Act to lay out and construct a road in the county of Ashe,' - 439

Location ; description ; commissioners to establish, - - 439

Condemnation of property ; power to call out hands, - 440
ROAD STEAMERS:

' Act in relation to road steamers,' . . . . . 244

Road steamers may be run on public roads, - - - 244

New roads authorized to be constructed, . . . . 244

Right to condemn lands ; right of appeal, - - - - 244

Faj^etteville and Warsaw Plank Road donated to citizens of

Duplin and Sampson for road steam'^r to be used thereon, 382
ROANOKE AND TAR RIVER RAILROAD CO. :

' Act to incorporate R. & T. R. R. R. Co.,' . . . . 156

ROBESON:

' Act for the relief of R. McMillan, sheriff of Robeson,' - - 80
Relieved from payment of certain taxes collected bj' his pre-
decessor, - - . ----- 80

' Act authorizing the governor to offer a reward for the arrest

of H. B. Lowery and others,' - - - - - - 130

' Act in regard to Roderick McMillan, sheriff' of Robeson, - 1*70

Judgment remitted ; proviso, 1*70

ROCKINGHAM :

' Act for the relief of J. S. Johnston, sheriff of Rockingham

county,' - - - 85

' Act to authorize the commissioners of Rockingham county to
issue bonds for the purpose of funding and paying off the

county debt,' - 254

Description of bonds ; how issued and redeemed, - - 254

Special tax ; how applied ; bond of county treasurer, - 255

Special tax to continue ; question to be submitted to voters, 255

' Act in relation to the meadows of Rockingham county,' - 282

Smith and Dan rivers made a lawful fence, - - - 282

Fence law to be submitted to voters, &c., . - - . 283
' Act authorizing sureties on offical bond of Walker Smith, late

sheriff of Rockingham county to collect arrears of taxes, - 320
ROWAN :

' Act making South Yadkin river in the counties of Rowan and

Davie a lawful fence,' 138

RUTHERFORD :

'Act to annex part of Rutherford countj- to Burke county,' - 197

848 1870-71.— Index to Public Acts.

Page.
S

Index to public SALARIES AND FEES :

acts.

'Act in relation to salaries and fees of state officers, - - 143
Private secretary of governor ; chief clerk of treasurer ; as-
sistants, - . - - 14.3

Secretar}' of state ; clerk ; auditor ; auditor's clerk, - - 14.S
Superintendent of public works, - - - - - 1 4.S

Siiperintendent of public instruction ; attorney general, - 144
Adjutant general ; reporter for supreme court, - - - 144
Salaries paj'able quarterly ; solicitors ; deductions, - - 144
' Act in relation to the fees of county officers and the supreme

court clerk,' - - 205 i

Per diem of commissioners ; pay of county treasurer, - 205 |

County survej-ors, &c.; sheriffs, 206 * !

Constables ; jurors per diem, 208 |

Clerk of supreme court ; register of deeds, - -' - - 208 '

Coroners; superior court clerk, 210 :

Attorneys; witnesses, - 212

Sections 2, 3 and 4, of chap. 279, laws 18G8-'C9, rejiealed, - 213

Mileage; repeal of contrary laws, 213 ]

Fees of probate judge and register of deeds for cheap chattel '

mortgage, - - - - - - - - - 443 i

SAMPSON : '

' Act donating the state's interest in the Fayetteville and War-
saw Plank Road to counties of Duplin and Sampson,' - 382 i
SCHOOLS AND SCHOOL FUND:— (See Education.) j

SCHOOL TAX:— (See Taxes.)
SECRETARY OF STATE:

' Act in relation to printing the general statutes,' - 127

Secretary of state directed to have laws printed, - - 127

' Act in relation to cop^'ing the laws for the public printer, - 1 07
Duty of the secretai-y of state in reference to having laws

copied, &c., - - - - - - - - - 107

Secretary of state directed to have copies of revenue act and

tax bill printed, ;fec., - - - - - - - 347

(See Salaries and Fees.)
SECRET POLITICAL ORGANIZATIONS:

' Act to suppress seci-et political organizations, - - - 200
SET-OFF:

Certain set-offs against claims presented bj' banks and rep-
resentative-, of banks, 176

SHELBY AND SOUTH CAROLINA R. R. CO.:

' Act to amend act of incorporation,' . . . - - 415

acts.

112
151
151
151

1870_'71. — Index to Public Acts. 849

Pack.
SHERIFFS AND TAX COLLECTORS : iBdex to public
' Act to authorize coiinty commissioners of Randolph to ap-
point a tax collector,' ^^

' Act to authotize coimty commissioners of Davidson to appoint

a tax collector, - - o^

' Act for the general relief of sheriffs and tax collectors,' - ^7

Sheriffs, tax collectors and their legal representatives al-
lowed to collect arrears of taxes for 1868-69 and 70, - ^7
Powers to cease Jan. 1st, 1872; proviso, ... - 97
' Act to jDrovide for the election of a tax collector for Lincoln
county, --------■■

' Act defining authority of tax collectors,' . - - -
Preamble ; authority of tax collectors, . . . -

Penalty for interference by sheriff, . - . . -
Further remedy to tax collector if interrupted, - - - 152
' Act to authorize tax collectors to collect taxes due and unpaid,' 191
Powers of sheriffs conferred on tax collectors, - - - 191
' Act requiring sheriffs and coroners to give notice to parties
in whose favor they may have process for collection of

198
money, ------

' Act to compel sheriffs to settle the public taxes, - - - 204
' Act in relation to salaries and fees of county officers,' - - 205
' Act to provide for a tax collector for Gaston county,' - - 259
' Act to render valid and binding the acts of certain officers of

the state and for other piTrposes,' ----- 335
' Act to secure proper returns by sheriffs and tax collectors of

unlisted taxes, - - '^"'

County commissioners of Richmond authorized to elect a tax

CJQQ

collector, - - - - - ■ " ■ - • •

' Act for the relief of the sheriffs of Wayne and Wilson,' - 398

Sheriffs to collect taxes under law of March, 1870, - - 398

Release from penalties, etc.,

For certain sheriffs and tax collectors authorized to collect

arrears of taxes : — (See Taxes.)
For extension of time to settle taxes and relief from penalties
granted to certain sheriffs and tax collectors :— <See Taxes.)
(See Resolutions.)
SMITH RIVER:— (See Rivers and Creeks.)
SOUTH FORK:— (See Rivers and Creeks.)
SOUTH YADKIN RIVER:— (See Rivers and Creeks.)
SPARTANSBURG, COLUMBUS AND RUTHERFORD R. R. CO.:

' Act to incorporate the S. C. and R. R. R. Co.,'
SPEAKER OF THE HOUSE OF REPRESENTATIVES:

Power to appoint proxies, etc., in certain corporations con-
ferred on president of senate and speaker liouse represen-
tatives, - - - -

398

390

447

1870-'71. — Index vo Public Acts.

Page.

Index topnblic SPECIAL COURTS:— (See Covrts.)
acts. SPECIAL ELECTION :— (See Election.)

SPECIAL PROCEEDINGS:

' Act to cure certain irregular proceedings in the jurisdiction

of tlie courts in special proceedings,' - - - - 1(>9
Certain irregular proceedings in superior courts legalized, - 170
Cases begun to be carried to ilnal judgment, - - - 17i>
' Act regulating tlie aj)pointment of guardians ad litem in ac-
tions and special proceedings,' :3V9

SPECIAL TAXES:— (See Taxks.)
SPECIAL TAX MONEY :

' Act in relation to special tax money in the treasury,' - - 55
Treasurer directed to use 5;200,OuO special tax nianey in

treasury ; appropriations, - . . . . 65

Treasurer directeil to replace it ; from what, - - - 5G

SPECIAL TERMS:— (See Courts.)
STATE OFFICERS :—( See Officers.)
STATE PRINTER :—( See Printer and Printing.)
STATESVILLE AIR LINE R. R. CO.:

' Act to incorporate the S. A. L. R. R. Company.,' - - 2G0
STATESVILLE AND MT..AIRY TL'RNPIKE CO.:

(See Roads and Turnpikes.)
STATUTES:— (See Laws.)
STOKES:

' Act to authorize commissioners of Stokes to levy a special tax,' 250
Object; liinitatiou : to be submitted to voters, - - - 253
SUITS:— (See Actions.)
SUPERIOR COURTS:— (See Courts.)
SUPERIOR COURT CLERK:

' Act to reduce the bond of the superior court clert of Dare

county,' 2()3

(See Courts and Salaries and Fees.)
SUPREME COURT CLERK:— (See Salaries and Fees.)
SURRY :

' Act to authorize the construction of a bridge across the Yad-
kin river at or near Elkin,' -..--. 140
SWAIN:

' Act to establish a new countj- by the name of Swain,' - 155

Boundaries, etc., of county, - 155

Invested with rights and privileges of a county, - - 150

' Act supplemental to an act to lay off and establish a county

by the name of Swain,' .... . . 209

Rights of a county conferred ; survej-, . . - . 269

Division of townshijjs ; county election, .... 270

Township trustees ; sheriff of Macon to give notice of elec-
tion, - - 270

1870-71. — Index to Public Acne.

851

SWAIN — (Continued.)

Commiseioners of Macon to provide for election,
First meeting of commissioners of Swain, - - - -
Place of holding com-t ; bonds; failure to give bonds.
Commissioners of Jackson and Macon to continue in author-
ity until commissioners of Swain qualify.
Transfer of cases from superior court docket ; criminal cases.
Jail ; terms of court ; commisssioners to select county seat.
Question to be submitted to voters ; county seat to be named

Charleston, -

Distribution of school fund ; representation in legislature, -
Transfers to be made by register of deeds of Jackson,
Appointment of county debt,

Page.

2*71
271
271

272
272
273

274
274
275
275

Index to public

acts.

TAR RIVER:— (See Rivers and Creeks.)

TAX COLLECTORS :— (See Sheriffs and Tax Collectors.)

TAXES :

Arrears or T\xes.

' Act for the general relief of sheriffs and tax collectors,' - 97
All sheriffs, tax collectors and their legal representatives

authorized to collect arrears of taxes for 1868-69 and 70, 97

Powers to cease Jan. 1st, 1872; proviso, - - - - 97
The following sheriffs and tax collectors authorized to collect
arrears of taxes for years ranging from 1866 to 1870 :

Anson, G. B. Threadgill, 137

Caswell, J. C. Griffith, 96

Cherokee, sureties of J. "W. C. Pearcy, - - - - 109

Davie, S. A. Kelly, 428

Guilford, R. M. Stafford, 163

Lincoln, legal representatives L. H. Lorans, ... 87

Macon, J. L. Moore, l^*?

Orange, legal representatives John Turner, ... 87

Orange, sureties of Hugh B. Guthrie, ... - 322

Rockingham, sureties of Walker Smith, . . - - 820

Union, C. Austin, 325

Extension of Time for Settlement and Relief from Penalties :
Granted to the following sheriffs and tax collectors :

Alamance, Albert Murray, 48

Bertie, F. W. Bell, 86

Bladen, James Cashwell, ^^

Buncombe, Jas. M. Young, 322

Cartaret, L D. Davis, 46

Caswell, , 48

Chatham, G. J. Williams, 85

852 1870-71. — Index to Public Acts.

Pagk.
Index to public TAXES — (Continued.)

^cts. Clay, G. G. Bristol, 232

^^^''^ Clcaveland, , I. 0. Bridges, .--.... 42^-

CuiTituck, Tlios. F. Baxter, - 52

Henderson, T. W. Taylor, S22

Macon, ,J. M. Roane, 169

Martin, R. B. Saulsbury, -57

New Hanover, J. W. Sclienck, jr., 291

Person, Jos. Pointer, - 232

Robeson, R. McMillian, ....... ga

Robeson, R. McMillan, I'/O

Rockingham, J. S. -Johnston, ...... 85

Warren, N. R. Jones, - - - - - . - - 141

Wataugs, John Horton, . - 58

Wayne, sheriff, - - . 398

Wilkes, J. T. Ferguson, - 232

Wilson, sheriff, - 398

Yadkin, Geo. Nicks, - . . - . . - - 232
(See Resolutions.)
Miscellaneous.

• Act in I elation to special tax money in treasury, - - 55
' Act to authorize the commissioners of Onslow county to ad-
just the tax list now in hands of the sheriff", - - - 136
' Act to amend act to raise revenue (Liavs 1809-70, chap. 229,

sec. 18,) - 187

' Act to authorize tax collectors to collect taxes which shall be

due and unpaid, - 191

' Act to compel sheriffs to settle the pviblic taxes,' - . 204
' Act for the relief of the tax payers of Buncombe county, - 245
' An act to amend an act to provide for the collection of taxes
by the state and the several counties of the state on pro-
perty, polls and income, ratified March 28th, 1870,' - 294
Township trustees to value lands ; where and how ; compen-
sation, -----.--.. 294

Definition of land and real property, . - . . . 294

County commissioners to notify board of trustees, - - 295

Board of trustees to advertise ; time to give in list, - - 295
When and where to give in real property; when to list other

property', .-.-.... 295

Tax payer to list taxables ; oath, ..... 296

List shall contain what, ....... 297

Guardians, executors, <fec., to give in separatel}', - - 297

Exemptions from taxation, 298

List to refer to June 1st ; how property is to be valued, . 299

Blank forms to be prepared and distributed, . - . 300

Board to make abstracts of tax lists. - . . . . 300

1ST0-'71. — Index to Public Acts. §53

Page.
TAXES— (Continued.) Index to public

County commissioners to revise lists, .... 300 acts.

Remedy for excessive valuation ; relief, .... 301

Persons not giving in charged with double tax, - - - 802

Exemptions from poll tax ; copies of tax lists, - - . 302

Return to be made to auditor by clerk of commissioners, - 303

Penaltj^ for failure, ---.-... 30S

If land be divided, how tax may be apportioned, - - 304
If property destroyed or depreciate, valuation may be

altered, - 304

When taxes to be paid, - - 305

Sheriff to attend court house to receive- taxes, - - - 305

How sheriff to collect taxes ; insolvents, - . . . 30G

Remedy if party chai-ged have no j)ersonal property, - 306

Highest bidder to be the purchaser ; what he shall pay, - 308

If no one bids, sheriff to bid off the property for the state, 308

Delinquent may redeem in twelve months, - - - 308

On failure of delinquent to redeem, what, .... 309

Sheriff" to keep record of taxes collected, .... 309

When sheriff to settle taxes, - 310

What deductions to be allowed sheriff, .... 310

Compensation of sheriff for settling taxes, - - - - 311

Penalty for sheriff failing to settle, - - - - - 311

Sheriff to paj^ county taxes by Jan. 8th, in each yeai-, - 312
County commissioners to appoint committee to assist in set-
tlements, - - ^ - - - - - - 313

Penalty for sheriffs failing to account, - - - - 313

Other county officers to account ; penalty for failure, - 313

Duty of tax collectors, - - - - - . - 314

' Act supplemental to an act to raise revenue,' - - - 347

Publication and distribution of revenue acts, - - - 347

' An act to secure proper return by sheriffs and tax collectors

of unlisted taxes, 357

Sheriff to make statement on oath of taxes received, - - 357

Penalty for failure, . . 357

(See Revenue.)
Special Taxes:

' Act to repeal act to authorize the commissioners of Jones to

levy a special tax, 107

Special taxes authorized to be levied in the followaig counties:

Alamance, - 318

Alexander, 357

Anson, .......... 233

Beaufort, 420

Bertie, 164

Bladen, 378

854

1870-71. — Index to Public Acts.

Index to public
acts.

Page.

TAXES— (Continued.)

Cabarrus, 240

Caldwell, 882

Camden, 403

Caswell, 404

Chatham, 176

Clay, 128

Columbus, 418

Cumberland, 417

Currituck, 818

Franklin, 414

Gaston, 323

Gates, 407

Guilford, 188

Harnett, 397

Hertford, 241

Jackson, 216

Johnston, 278

Macon, 203

Mitchell, - - 316

Moore, 317

Nash, 289

Orange, - 111

Onslow, 377

Perquimans, 215

Person, 115

Polk, - - 216

Rockingham, 255

Stokes, 253

Tyrrell, 234

Yancey, 161

TAX LIST:— (See Taxes.)

TENNESSEE RIVER TURNPIKE CO. ;

(See Roads and Turnpikes.)

TOBACCO :

Tobacco warehousemen to paj' license tax of $30, - - 187

TOLL BRIDGES .-—(See Bridges.)

TOWNS: — (See Cities Towns and Villages.)

TOWNSHIPS :

' Act concerning townships in the county of Jackson,' - - 45
Districts approved ; officers to qualify in ten days, - - 46
' Act to legalize certain acts of county commissioners of Mitch-
ell county,' 234

Alteration in townships approved, ... - 234
' Act to limit the powers of the township trustees in the

18T0-'71.— Index to Public Acts. 855

Page.
TOWNSHIPS-(CoNTiNUED.) j^^^^ to public

counties of Cherokee, Clay, Henderson, Jackson, Madison, acts.

"Watauga and Cartarot,' 239

Power of taxation limited, 239

' Act to change the townships of Lincoln county,' - - - 381
'Act concerning townships in the county of Cherokee,' - 400

For duties of township trustees in reference to taxes: — (See
Taxes.)
TRADE MARKS:

' Act to prevent forging and counterfeiting the private marks,
tokens, stamps or labels of any manufacturer, mechanic or

other person, 408

Protection to private marks, &c. ; penalty for forging, - 408
Penalty for vending merchandise with forged label, &c., - 408
TRANTER'S CREEK:— (See Rivers and Creeks.)
TREASURER :

Treasurer directed to use special tax money, - - - 55
Instructed to borrow §180,000 from K C. R. R. Co., - - 90
' Act to authorize the public treasurer to pay* money to erect

the penitentiary,' 146

TREASURY :— (See Treasurer.)
TREES:— (See Felling OF Trees.)
TRUSTEES:

Allowed to invest in U. S. securities, - - - - 815

For township trustees : — (See Townships.)
TURNPIKES :— (See Roads and Turnpikes.)
TYRRELL:

' Act authorizing commissioners of Tyrrell county to levy a

special tax,' ..-.-.... 234

UNION:

' Act to authorize C. Austin, late sheriff of Union county to

coUect arrears of taxes,' 325

UNITED STATES:

Empowered to purchase and hold lands for the purpose of
erecting light house thereon, ..,..- 95
UNITED STATES SECURITIES:

Guardians, trustees, &c., may invest in U. S. securities, - 318
School fund may be invested in, 387

VACANCIES IN COUNTY OFFICES :— {See Offices.)
VACANT LANDS:

' Act to allow entries of vacant lands further time to obtain

grants from the state, .-.--.- 89

S5G 1870-71. — Index to Public Acts.

Page.
Index to public TOWNSHIPS— (Continited.)

^^^^- ^ Time extended, - - . 89

' Act to amend laws 1869-70, chap. 122, sec. 1, relative to en-
tries of land in Jackson county,' 183

Time to perfect entries, Ac., extended ; proviso, - - 183

VENDITIONI EXPONAS:— (See Process.)
VILLAGES :—{ See Cities, Towns and Villages.)
VOTERS AND VOTING :—( See Elections.)

WALNUT MOUNTAIN TURNPIKE CO. :

(See Roads and Turnpikes.)
WARD: — (See Guardian and Ward.)
WARREN :

' Act in favor of N. R. Jones, sheriff of Warren countj-,' - Itl

WARRENTON AND MACON TURNPIKE CO. :
(See Roads and TruNriKES.)
WARRENTON RAILROAD CO.:

' Act to incorporate the Warrenton R. R. Co.,' - - - 104

WATAUGA :

' Act for the relief of John Horton, sheriff of Watauga,' - 58

' Act to limit the power of township trustees in the counties of

Watauga, etc.,' - - 239

' Act concerning the annexation of part of Caldwell county to

Watauga county,' - - - - - - - - 319

' Act to lay out and construct a public road through the

counties of Wilkes and Watauga,' . . . . 409

WAYNE :

Commissioners to be a])pointed to take depositions in the

matter of Waj-ne county contested election, - - - 48
' Act for the relief of the sheriffs of Wayne anvl Wilson,' - 3!)8

WESTERN RAILROAD CO.:

' Act to restore to the Western R. R. Co., its original chartered

privileges, etc.,' - - 50

WESTERN NORTH CAROLINA R. R. CO. :

' Act for the benefit of the W. N. C. R. R. Co.,' - - - 128
' Act to repeal act to amend the charter of the Western N. C.

R. R. Co., and for other purposes, ----- 401
WESTERN TURNPIKE ROAD:— (See Ro.\ds and Turnpikes.)
WHARIE RIVER:— (See Rivers and Creeks.)
WHITESIDE MOUNTAIN TURNPIKE CO.:

(See Roads and Turntikes.)
WIDOW'S YEARS SUPPORT:— (See Years Support.)

1870-71. — Index to Public Acts. 85,

Page.
WILDFOWL: Index to public

' Act supplemental to act in relation to the fowling interest ^'^ts.

in the waters of Currituck sound,' 1(13

WILKES:

'Act to change the line between the counties of Wilkes and Al-

Icghanj^' 193

' Act to extend the time of J. T. Ferguson, sheriff, to settle

with public treasurer,' .--.-.. 232
' Act to lay out and construct a public road through the

counties of AVilkes and Alleghanj^' ----- 409
WILLIAMSTON AND TARBORO' R. R. Co. :

' Act to amend the charter of the W. & T. R. R. Co. : - - 443
WILMINGTON :— (See Cities, Towns and Villages.)
WILMINGTON AND ONSLOW R. R. CO. :

' Act to incorporate the W. & 0. R. R. Co.,' - - - - 98
' Act to amend the charter of Planters R. R. Co., and to con-
solidate it with the Wil. and Onslow R. R. Co.,' - - 412
WILMINGTON AND PLANTERS R. R. CO. :

Corporate name of consolidated Planters R. R. Co., and Wil.

and Onslow R. R. Co., 412

WILMINGTON, CHARLOTTE AND RUTHERFORD R. R. CO. :

' Act declaring the meaning of act to repeal certain acts passed

at the session of 1868-69, making appropriations to R. R.

Companies, and for other purposes,' - - -O 1:^- 'SC^^^''^

' Act to return to the Wil., Char, and Ruth. R. R. Co., its first

mortgage bonds in exchange for other bonds of the Co.,' - 113 '^'
WILSON :

' Act to authorize the county of Wilson to issue bonds,' - - 334
Description ; term ; to be submitted to voters, - - - 334
' Act for the relief of the sheriffs of Wayne and Wilson counties,' 398
WITNESSES:

' Act in relation to the pay of witnesses attending the court of

impeachment,' - - 110

' Act in relation to salaries and fees,' ----- 205
Chap. 160, laws 1868-69, amended as to lost witness tickets, 213
WRECKS :

' Act to provide for the apjiointment of coiimiissioners of wrecks

for Hyde countj^' - - - 190

YADKIN :

' Act to extend the time of Geo. Nicks to settle with tlie treas-
urer,' - - 232

YADKIN RAILROAD COMPANY:

' Act to incorporate Y. R. R. Co.,' - 882

858 1870-71.— Index to Public Acts. i

Page. j

Index to public YADKIN RIVER: — (See Rivers and Creeks.) I

acts. YANCEY: ;

' Act to authorize the commissioners of Yancey county to levy '

a special tax,' IGl ■

YANCEYVILLE, DANVILLE AND COALEFIELD R. R. CO. : !

' Act to incorporate Y. D. and C. F. R. R. Co.,' - - -111 \

YEARS SUPPORT: ' ;

' Act to amend sec. 14, chap. 93, laws 1868-69, relative to i

■widow's year's support,' 429 '

INDE

TO Tins

PUBLIC liESOLUTIONS.

-A.

ADJOURNMENT: ' _ Index to piiblic

Joint resolution on adjournment, - - - - - 495 resolutions.

•AMNESTY:

Resolution instructing our senators and requestine; our rep-
resentatives in Congress to urge the passage of an act of

general assemblj-, - - - - - - - -'"* 475

(See Disabilities.)
APPROPRIATIONS:

Senate resolution to paj' expenses of A. C. Cowles, incurred

in going after Chief Justice Pearson, - - . . 471

Resolution in favor of Henry Biggs, . . . . . 4*72

Resolution to pay commissioner and clerk for services in the

Granville and Person contested election, - - - 4.^S

Resolution in favor of employees bj' clerks and doorkeepers, 473
Resolution concerning help for the doorkeepers of the senate

and house of representatives, - 477

Resolution in relation to the payment of assistants emjiloycd

bj' the doorkeeper to preserve order and execute process, 477

Resolution in favor of Alexander M. Turner, - - - 479

Resolution in favor of Edward F. Underbill, - - 479

Resolution in Favor of W. P. Batchelor, . . . . 479

Resolution in favor of Jefferson Hinton, ... - 4S0
Resolution in favor of James II. Moore, contractor for the

public printing. .-.-.--- 45 1

Resolution in favor of E. D. Ilaynes, ----- 484

Resolution in favor of Jas. H. Enniss, agent, - - - 485

Resolution in favor of F. N. Strud wick, . - - . 492

Resolution in favor of Mrs. Jane Hinton, . - . - 492

Resolution in favor of Geo. \V. and B. K. Dickey, - - 493

Resolution in favor of John O'Connor, - - - - 490

Resolution in favor of Patrick McGowan. - - - 497

Resolution in favor of Henry Biggs, - - - - 497

Resolution in favor of N. Hinton and Ransom Harrison, - 497

860 ISTO-'Tl. — Index to Prr.Lic Resolutions.

I'aue.

Index to public ArPROPUIATIOXS— (Coxtixuei..) ,

resolutions. Resolution to pa}- certain witnesses in tlic late impeaclimont j

trial, 408 j

Resolu^on in favor of S. Jones, ------ 498 ■

Resolution in favor of Rurgess Montgomery, - - - 409 ]

Resolution in favor of J. S. lEarr'son, - - - - .504 |

Resolution in favor of J. S. McXeill and otliers, - - - TiOi \

Resolution in favor of Jas. If. Enniss, ----- 5111") :

Resolution in favor of A. C. Kerr, - . - . . 50() j

Resolution in reference to tlie capitol, ----- 507 I

Resolution in reference to tlie coniniittee on tlio University. 508 i

Resolution concerning employees of the senate and house of \

representatives, - - - 508 j

Resolution authorizing the pa3Tiient of expenses incurred in |

the impeachment of Governor W. W. llolden, - - TiOO

Resolution in favor of J. T. Bullard, - - - - - 510

Resolution to pay the principal clerk of the senate and lionse |

of representatives for extra services, - - - - 511 |

ATTORXEY GENERAL: !
Resolution requesting tlie opinion of the attorney general in

relation to tlie .state's interest in the Wil., Char, and Rutii.

R. R. Co., - - - — - 452 ..^

BAXKRURT LAWS:— (See Homesteap.) i

CANALS : '

Joint resolution concerning .n canal from Waecaniaw to Lit- I

tie river in S. C, - - - - - - - 480 |

CENTENNIAL ANNIVERSARY OF AMERICAN INDEPEN- i

DENCE : i

Resolution concerning centennial anniversary' of American j

Independence, ...-.-- - 493 ^ I

CLERKS :

Resolution authorizing the enrolling clerk to employ addi- I

tional clerical assistance 401 I

Resolution authorizing the principal clerk of the house of

representaMves to employ additional clerical assistance, - 493 '
Resolution authorizing the engrossing clerk of the senate to 1
employ additional clerical assistance, . - - - 509 j
Resolution to pay the princijDal clerks of the senate and I
house of representati', es for extra services, - - - 511 j
Resolution to allow the principal clerk of the senate to em-
ploy additional clerical assistance, 512

1870-71. — TxDKx TO Public liKsoi.rxioxs. SOI

COMMITTEES: Index to public

Resolution to raise a committer on constitutional reform. - 4rii'« ''^'^f^'utions.
Resolution in relation to raising a joint select conimittco on

per diem and mileage, - 450

House resolution in regard to apjiointing couimitU'C on ini-

peaehnient, - - - - - - - - - -ICil

Resolution to raise a joint committee on contingent exi)enses, 4(i2
Joint resolution appointing a special eominittee to ascertain

the debt of the state, 471

Resolution raising a committee of inrjuiry into tlic coiuliu-i

of John Pool, U. S. Senator, - - - - - - 487 ^*^

Resolution in favor of the committee on the Universilv, - 508
COXGRESS, MEMBERS OF:— (See Instructions, ct-c.)
CONSTITUTIONAL REFORM :

Resolution to raise a committee on constitutional reform. - - 45(5 '

COXTIXGEXT EXPENSES:— (See Committees.)

DERT:

Joint resolution appointing a special committee to ascerlain

tiie debt of the slate. - - 474

DETECTIA^ES, &C. :

House resolution of inquiry concerning alleged improper ex-
penditures of the public money, . . _ . . 4(11
DISABILITIES:

Resolution inslrueting our senators and recpiesting our rcp-
I'esentatives in Congress to ui-ge the passage of an act of
general amnest3-, ...... - 475

Resolution relative to the political disabilities of Z. B. A'ance, - 459 ^

Resolutiim in regard to the jiolitical disabilities of the lion.

A. M. Waddell and Hon. Sion II. Rogers, - - - 471 .

DOORKEEPERS :

Joint resolution concerning help for the doorljcepers of the

senate and house of rejiresentativcs, - - - - 477

Resolution in relation to the paj'ment of assistants emplojT'd
by the doorkeepers to preserve order and oxecute process, 477

ELECTIONS &c.:

Senate resolution concerning the election in the 201.11 sena-
torial district, - 4 51

Resolution declaring a vacancy in the 24th senatorial dis-
trict, 453

House resolution relative to the representative from Hert-
ford, 453

802 1870-71. — Index to Public Resolutions.

Index to public ELECTIONS, tfcc— {Continued.)
resolutions. ^ '

Pa«e.

Resolution of inquiry concerninc,- the seat of tlie representa-
tive from Bladen, ... .... 455

Senate resolution conccniin2,- tlio election in the 2Gtl) sena-
torial district, - - . - - . . - 459

Resolution to pay commissioner and clerk for services in

the Granville and Person contested election, - - 473

EXPENSES: ;

Resolution to raisea joint committee on contingent expenses, 4(54 ,

GS- J

GOVERNOR: 1

Resolution instructing the governor to offer a rcM'ard for M. :

S. Littlefield, - - - - - - - . - 468 i

Resolution concerning letter book and correspondence of i

governor W. W. Holden, 4G9 'j

Resolution concerning recent action of the governoi', chief <

justice and certain justices of the supreme coui't, - - 501

HOLDEN, V.'. W. ;— (See Impeachment.) '
HOMESTEAD: \
Resolution asking our representatives in congress to use /
their influence to amend the 14th section of the bank-
rupt law, 4G5 -::. '

IMPEACHMENT :

Resolution providing for the impeachment of Gov. W. ^^'.

Holden, 400 .

House resolution in regard to appointing committee of im- '.

peachment, - . - 4C1 ;

Senate resolution requesting the secretary of state to furnish '
a certified copy of chap. 168, laws 1868-69, entitled pro-
ceedings in impeachment, 465 ■

Resolution in favor of Edward F. Underbill, - - 479 '

Resolution to paj' certain witnesses in the late impeachment j

trial, ---...-... 498 '

Resolution authorizing the paj-ment of expenses incurred in ,

the impeachment of Governor W. W. Holden, - - 509 '

INQUIRY AND INVESTIGATION, RESOLUTIONS OF: ;

Senate resolution concerning the election in the 26th senato- i

rial district, - - - - 451 '

Resolution requesting the opinion of the attorney general in

ISTO-'Tl. — Index to PruLic Hksolutions. 803

V.WF..

IXQUIRY, etc— (Continued.) Index to puMic

relation to the state's interest in the "Wil., Cliar. & Ruth. resolutions.

R. R. Co., --------- 45'2 -

• Resolution requirinj^- the treasurer to furnish statistics of ex-
penses of late militai-y movement, 455

Resolution of inquiry concernin;*; the seat of tlic representa-
tive from Bladen county, ..---. 455

House resoluti(m of inquiry concernini;- allowed improper ex-
penditures of the public monej', ----- 4(il

Resolution in reference to an act to provide for the conqdo-
tion of the West. Division of the Western N. N. C. R. R.,
ratified March 24th, 1870, ...--- 40?.

Resolution concerning the letter liook and correspondeiu'c of

Gov. W. W. Iloklen, ------- 400

Joint resolution appointing a special committee to ascertain

the debt of the state, ------- 474

Resolution to inquire into the sale of the state's stock of the
Cape Fear Navigation company, and other matters con-
nected therewith, -------- 4*78

Resolution to raise a commission to examine into the accounts

of the public treasurer, . - - - - - 485

Resolution raising a committee of inquiry into tlie conduct

of John Pool, U. S. senator, 487

Resolution in relation to the investigation of the sale of the

state's interest in the Cape Fear Navigation company, - 490
INSTRUCTIONS TO, AND REQUESTS OF MEMBERS OF CON-
GRESS FROM N. C:

Joint resolution of instruction to nieinbers of congress in re-
lation to the passage of a bill introduced at the last ses-
sion of congress (and now pending before that body) en-
titled the North Carolina Railroad Extcnision company, 453

Resolution of instruction to senators and representatives in

congress relative to residue of tax on real estate, - 454

Resolution in regard to soldiers of the war of 1812, - - 458--^

Resolution asking our representatives in congress to use tlieir

influence to amend the 14th section of the bankrupt act, 405

Resolution ref|uestiiig aid of congress in creating a literary /
fund, ..-----■.. 4G7

Resolution concerning internal revenue on 1ol)acci> and spir

ituous liquors, - - - - - - - 408

Resolution instructing senators and requesting representa-
tives in congress to uige the passage of an act of general
amnesty, - - - - - - - - ■ 475 v^

Resolutions recpiesting members of congress to solicit ft])pro-
priations to remove obstructions from Cape Fear bar and
Pamlico rivers, 47G

864

1870-'T1.— Index to Pit.lic Taesolition?.

Page.

Index to ptiMie
resolutions.

IXSTRFCTIONS, (to.— (Coxtinuf.d.)

Resolution requesting our senators and representatives in con-
gress to use iheir influence in securing an ap])ropriation
for a public U. S. building in Newbern, - - . -
IXTERNAL REVEXUE :

Resolution concerning internal revenue on tobacco and spirit -
uous lif|uors, ---------

500

408

LIQUORS:— (See Ixterxal Rkvf.xue.)
LITERARY FUND :

Resolution requesting the aid of congress in creating a litcr-

ar\' fund, ... ....-- 407

LITTLEFIELD :

Resolution in regard to legal steps to be taken against G.

W. Swepson and M. S. Littlefield, ----- 4G3

Resolution instructing the governor to offer a rewai-d for

the arrest of M. S. Littlefield, - . . . . 4f,s

]y[

MILITIA AOT) MILITARY AFFAIRS:

Resolution requesting the treasurer to furnish statistics of

expenses of late military movement, . . - - 454

Resolution instructing the treasurer not to jiay certain war-
rants, ...-.----. 471
MISCELLANEOUS:

Resolution in favor of William Smith, - - - - 473

Resolution in favor of W. J. A Strange, . . - . 432
Resolution in favor of W. W. and D. ^l. AVatts, - - - 484
Resolution in favor of John Crisp, of Macon, - - - 391
Re-.olution concerning recent action of the gfovernor, the
chief justice and certain associate justices of the supremo

court, . - - 501 .

Resolution in favor of Buckhorn Chapel in Hertford county, 502
Resolution in favor of A. C. Kerr, ----- 506

Resolution in favor of G. W. Blacknall, - - . . 510

PAGES:

Resolution in regard to pages, ------ 472

PENSIONS :

Resolution in regard to soldiers of the war of 1812, - - 458
PER DIEM AND MILEAGE ;

Resolution in relation to raising joint select committee on
per diem and mileage, - - - - ■ - - 456

1870-'71. — Index to Public Resolt^tions. 805

Page.

POLITICAL DISABILITIES :— (See Disabilities.) Intlex to public

POOL, JOHN: rcsolution.s.

Pesolution raising a committee of inquiry into tlie conduct

of John Pool, U. S. senator, ----.. 487
PPIXTIXG, PUBLICATION, <fec. :

Senate resolution to print copies of the treasurers report, - 454

House resolution ordering' the joint committee on printing to
have requisite number of coi)ics of tlie treasui'cr's report
printed, .-.---.--- 455

Resolution to print rules of the senate and house of i-opre-

sentatives, .-.-..--- 459

Resolution in regard to printing, ----- 4'75

Resolution in favor of James H. Moore, contractor for tiie

public printing, - - - - - - - - 481

Resolution to jiublish a certain act, - - - - - 483

Resolution to print act in relation to fees of count}- officers
and supreme court clerk, ---.-. 435

Resolution to authorize publication of act in relation to con-
victs, ---------- 307

Resolution to provide for distribution of the convention act

and the act in relation to salaries and fees of state officers, 510
PUBLICATION :— (See Printixg, etc.)

RAILROADS:

Resolution requesting the opinion of the attorney general in
relation to the state's interests in the "VVil., Char. <fe Ruth.
Railroad company, - - - .... 452

Resolution of instruction to members of congress in relation

to North Carolina Extension Railroad company, - - 453

Resolution in reference to act to provide for the construction

of the AVestern Division Western N. C. Railroad company, 405
REPRESENTATIVES:

House resolution relative to the representative from Hert-
ford, - .--.-.-. 453

Resolution of inquiry concerning the scat of the representa-
tive from Bladen, .--..--- 455
RULES:

Resolution to print the rules of the senate and house of rep-
resentatives, - - - 459

SECRETARY OF STATE:

Senate resolution making request of secretary of state for

certified copy of chap, 168, laws of 1868-'69, - - 404

sen 1870-71.— Index to Public Eksolutioxs.

Pack.

Index to miblic Resolution in relation to state department, - - - 305

resolutions. SENATORIAL DISTRICTS:— (See Elections.)

SHERIFFS:

Resolutions in favor of certain sherifl's and tax-eoUeotors, re-
lieving from penalties, refundina; overpaid taxes, etc.:

Alamance, A. Murray, 466

Bladen, J. E. Eldridge, ..--..•■ 483

Chatham, G. J. Williams, ...... 5O6

Chatham, G. J. Williams, - - 511

Columbus, Y. V. Richardson, -.-.-. 47o

Harnett, J. A Grady, .-----. 481

Jackson, B. S. Buchanan, 489

Jackson, B. S. Buchanan, ...... 499

Moore, John M. Monger, .-...- 4g2

New Hanover, J. W. Schenek, jr., 48*7

Northampton, Henry Grant, ...-.- 45*7

Pitt, Geo. B. McCotter, 45Y

Pitt, Geo. B. McCotter, ------- 503

Robeson, B. A. Howell, --.-... 481

Rockingham, J. W. Patterson, . . . . 490

Stokes, W. II. Gentry, 468

Tyrrell, F. F. Jones, - 418

Wake, T. F. Lee, - 499

Wilkes, J. T. Ferguson, ------- 457

Resolution in favor of sherift's in certain cases, - - - 504
SWEPSON:

Resolution in regard to legal steps to be taken against Gen.

W. Swepson and M. S. Littlefield, - - . - - 463

TAX COLLECTORS :— {See Shehiffs and Tax Collectors.)
TAXES:— (See Sueuiffs and Tax Collectors.)
TOBACCO :— (See Internal Revenue.)
TREASURER AND TREASURY:

Senate resolution to print copies of the treasurer's report, - 454
Resolution requiring the treasurer to furnish statistics of ex-
penses of late military movement, ----- 4,54

House resolution ordering joint committee on printing to

have requisite number of treasurer"s report printed, - 455

Resolution instructing the treasurer not to paj- certain wai'-

rants, ---------- 471

Resolution to raise a commission ;to examine into the ac-
counts of the public treasurer, - - . . . 485
Resolution to provide for a casual deficit in the Treasurj', - 486

VACANCIES:— {See Elections, &c.)

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

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