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ottbt
®[niber)B(itpo!i?ortf) Carolina
Collection of jSortf) Caroliniana
"DIVERSITY OF N.C. AT CHAPEL HILL
00035472684
77ii5 book must not be taken from the Library building.
12No?'36ii
LAWS
OF THE
©^iPA^ii ©HP ssr^s^iii OAiBCDiLnsji^.^
PASSED BY THE GENERAL ASSEMBLY,
AT THE
SESSION OF 1848-'49-
j^ubli^fjcd flflrceaJjIp to tfje m'nctji^fi'ftij €f)aiUer of ttc
RALEIGH:
THO«. Jf. LBXAT, PRINTJ-R — STAR OFFICE-
1849.
Digitized by tine Internet Arciiive
in 2010 witii funding from
Ensuring Democracy tiirougii Digital Access (NC-LSTA)
http://www.archive.org/details/lawsofstateofnor184849nor
LAWS
OF THE
STATU OP irORTH OAROLIMA, PASSED BY THE GENERAL ASSEMBLY,
AT THF.in SF.SSIOH, WHICH COMMEHCEI) ON JIONDAT, THE TWFNTIETH OB
KOVKMBER, ONE THOUSAND, EIGHT HCNDKED AND FOnTX EIGHT,
AND ENDED ON THE TWENTY-NINTH OF JANUARY, ONE
THOUSAND, EIGHT HUNDRED AMD FORTY-NINE.
A& YI.UMS,
CHAPTER I.
An Act to provide for the establishment of a State Hospital for the Insane in North Carolina.
Sec. 1. Be it enacted hy the General Assembly of the State of North Carolina, and it is hereby enacted by the ^o'"'"'''-
. ^ ^ sioncrs to
authority of the same, That John M. MoreheacI, of G nil- select and iord; Calvin Graves, of Caswell; T. N. Ci.meron, of Cum- Q''^ f^^" berland ; G. W. Mordecai, of Wake; C. L. Hinton, of"te. Wake ; J. O. Watson, of Johnston, be, and are hereby ap- pointed Commissioners, to select and purchase a tract of land, at a tair price, embracinf]: not less than one hundred acres, capable of cultivation, and situatedat such place as may hereafter be designated by an act supplementary to this act,
Pnviao.
« ASYLUMS. ]S48-'49
forthe purposeofprescribingitslocation. There shall be iipoa the premises a never-failing supply of wholesome water ; and said tract shall be conveniently siti^ated for recoivins sup- plies of fuel, either wood or coal : Provided, That said Commissioners shall receive no compensation for their ser- vices, over and above the necessary expenses incurred in the discharge of their duties : Provided, That if any per^ son or persons shall make free gift of an available tract for Proviso, the farm and site of said hospital, said Commissioners are hereby authorized to receive a deed of the same, in trust, I' for the use and bene^t of the North Carolina State Hospital
for the Insane.
Commis'ra ^^°" ^' "^^ *^ further enacted, That any time, not ex- 10 contract ceeding three months after said site shall be obtained by tho ^'"'''"'''^'"^ Commissioners, they shall contract for the erection of said Hospital, by first rate workmen, on such terms as are just and prudent : Provided, That said Hospital building shall be constructed in the most approved manner, after the most Manner of r^'^^"'^ ^"'^ accepted plans, embracing all improvements and construct, necessary accommodations for institutions of this descrip- ipg. "' " ^"-"^' Provided, The Hospital shall be constructed of brick; the foundations shall be substantial and of rough mason work ; the basement shall not be less than eight feet above, nor more than two feet below the out ground surface ; the water table, window and door sills, window-caps and door- caps, shall be of rough stone or of cast iron; the partition walls shall be of brick, and shall contain open flues for ven- tillators, furnace ilues lor heating the building, and maintain- ing dryness, and conducting Hues; all of which shall be free from obstructing surfaces ; and the roofs of said Hospi- tal building qhall; so far as practicable, be fire-proof.
Sec. 3.. The site for the building shall be so established Site of ^-^^ ^^ ^Soxd. good a^iQ sufficient undergro.und drainage ; shall building, cunimand cheerful vievv's, aiid open upon such aspects, tis
how Astabi -.ij-i,! , • f.i-
ishcd. v%'i;i admit the sun's rays a ];,ortion of the day into every suite of the lodging apartiueuts.
Sec. I. Said Commissioners shall; on or before the first
ASYLUMS. ISiS-'lO S
day of December, and annually thereafter, until tlie build- ^'''""»';*'f*
. ,1,1 cr Drcniler
ino-s are completed, render to the proper accounting omcers„cco:nii of of the State of North Carolina, an exact account of all iheconiracta. contracts, expense^ apd liabilities which they shall have in- curred or authorized in the execution of iheir commissions, with vouchers for the same ; and in case of their failure so to do, their authority to draw on the State Treasurer tor sucli sum or sums of money as shall hereafter be specified, shall cease. And said Commissioners shall so build said Hospital, that there shall be suitable and sufficient apparatus for heat- ing the same, ai^d for cooking and washing, and for furnishing ample supplies of water lor all the uses of the institutioii, constructing the same for th'3 com- fortable accommodation pf two hundred and fifty pa- tients, and all the necessary officers and attendants: Pro- vided, the Commissioners appointed by this act, before en- tering Vipon their duties, shall gire bonds, with such surety ^°"''*'« as may be required by the Executive, for the j-roper appli- cation of funds placed in their hands, and for tlie faithful performance of all their duties.
Sec. 5. Be it further enacted, That a tax of one and ,„ , • ,
•^ ' Tax lovie(^
three-fourths of a cent shall be levied on every hundred dollurs worth of land; and five and one quarter of a cent shall be levied on every taxable poll, for the space ot four vears ; and that the proceeds arisin": from said taxation shall be annually, during that period, appropriated for the ,_Jiy erection of a Hospital for the Insane; and that the County Courts shall, during such period, have authority to make a proportionate reduction of the i)Oor tax in their respective counties.
Sec. 6. The General As.^embly shall nominate and ap- point nine persons to be tiustees of said inslitution, who [^'"'^'''''^
now »\>-
shall constitute a body politic and corporate, by theiiojiitod,&.c style of the Trustees of the State Hospital for the In- sane in North Carolina ; and thoy and their snccessors in office shidl manage and direct the concerns of the institu- tion, and by and with the assistance of the superintending -piioirpovr. Physician, make all necessary by-laws and regulations, not «*«'
Proviso
6 ASYLUMS. lS18-'49
inconsistent with \he Constitnlion of tlie State and the laws tliereof ; and shall have power to receive, hold, dispose of and convey all real and personal property conveyed to thenri, by ofift, devise or otherwise, for the use of said institntion ; and they shall serve without compensation, save travelling expenses incurred in the direct discharge of official obliga- tions. -Of the Board of Trustees first appointed, three shall serve lor two years, three for four years, and three for six Tprm of yc^i's; and at tlie expiration of thsir respective periods, the service. Vacancies shall be filled l)y appointments for six years ; and sjionld any vacancy occur by death, resignation, or other- wise, such vacancy shall be filled by Executive appointment for the unexpired term of said I'rustee : Provided, the said Trustees shall be chosen, five from the central portion of the State of North Carolina, two from the Eastern, and two from the Western sections ; and all vacancies shall be filled from those sections of the State wherein they occur : Provided, that of the five Trustees chosen from the middle section, three shall be residents in or near the city of Raleigh, Proviso *^^ other two out of Wake County : Provided, said Board of Trustees shall have charge of the general interest of the institntion; th«y shall appoint the Superintendent, who shall be a skilful physician, subject to lemoval or re-elec-
Superin- * -^ • , / . , r ■
tpndent, tion uo oficncr than in periods of eight years; except for in- how ap- fi-jelitv to his trust, or for incompetency, fully proven and
pointed, ■' ' t- J7 J r
&c. declared. Said physician shall have an unblemished moral
character; he shall have received an enlightened and prac_ tical professional education, be possessed of prompt business habits, and of humane and kindly disposition ; he shall be a married man, and shall, with his family, reside constantly in the institution.
Sec. 7. The Trustees and Physician shall make such by-laws anc* regulations for the government of the Hospital, as sjinll be necessary, and cause the same to be published
h'^'miad ^^''''^ ''"^ biennial report of tlie Physician and that of the Trustev"sand the Treasurer, ail which shall be distributed throughout the State for the information of the citizens
ASYLUMS. 1848-'49 T
tliereof: Provided, the Trustees assisted by the Super- intendent, shall determine tlie salaries and compensation of the officers and assistants, whose services maybe necessary for the comfortablcj just and economical management of said Hospital.
Sec. 8. The three Trustees resident in Wake county shall be competent to transact all ordinary business ari.sins^ at the monthly meetino-s of this branch of the Board: each,, ,
' ' _ _ ISumhor of
in rotation for one month, shall visit the Hospital once a week, Trustees to at such time as is most convenient, and together they shall ^'^^"«'"C'?s vigilantly examine into the condition of the same once in. each month, and ofttner if necessary: Frovided, the Trus- tees composing the full hoard shall be notified to convene at the Hospital, and to investigate strictly the administration of Biennial the same the first Monday of December, upon each biennial "^^'^^"'S' session of the Legislature.
Sec. 9. The acting Trustees siiall report annually to the Governor, and the full Board shall assemble and report biennially to the General Assembly the condition and his- J^^^P"""^ ^^ tory of the State Hospital ; and they shall know that there are at all times sufficient supplies of provisions, water, fuel, clothing and whatever else may be deemed necessary for the health, comfort, cleanliness and security of the patients.
Sec. 10, The Superintendent shall exercise entire con- Contiol o- trol over all subordinate officers and assistants in the Hos-"^'"'" ""^'o""*
tliuales.
pital, and shall have entire direction of the duties of l[)e same, himself being accountalile to the Board of Trustees for their good character and f delity in the discharge of their duties.
Sec. IL The admission of insane patients from the sev. A(^m;fPion eral counties of the State shall be in the ratio of their in- ^' i^^'^"'* «:ane population : Frovided, each county shall render to the Secretary of State, biennially, the numerical esti- mate of its insane, that proportionable benefits may duly embrace each case : Frovided, no patient in necessitous circumstances, who has not recovered a sane mind, shall he discharged from the Hospital by the Trustees, except
S ASYr.UMS. lS48-'49
bond and security be given for the comfortable shelter and maintenance ot the same. T s for ^^*^' ^'^- P^^'ents in indigent circumstatices, wliile resi- patienti. dent in the Hospital, shall, in their own right, or by the State bearing their expenses, be chargeable no more tban the actual cost for clothing, nursing, board and medical attend- ance: paying: patients, whose friends pay their expenses, and who are not chargeable upon the counties or the State, shall pay in lueasure with the care received, the terms being subject to decision by the Trustees.
Sec. 13. The Courts of the State shall have power t3 t'ower of commit to said Hospital any individual who has been charg- «ourts. ^j with an offence punishable by imprisonment or death, and who shall have been found to have been insane at die time the offence' t^as committed, and who still contmues itv sane; and the expenses of said individual, if in indigent cir- cumstances, shall be paid by the State.
Sec. 14. For the admission of State patients, the follow- ing proceedings shall be had: Some respectable citizen, re- Admiesion.sident in the county to which said patient belongs, shall file ]f.r.)ict(]- ^jth a Justice of the Peace of said county a statement, in '^'' ""* writing, which shall be substantially as follows;
State of North Carolina, County, ss.
The undersigned, a citizen of the State of North Carolina, residing in said county, hereby states as follows: (Naming the person) is insane; his insanity is of less than two years duration (or his being at largo is dangerous to the safely o the community;, he is in needy circumstances, has a legal
settlement in County, and is a citizen of the
State of North Carolina. These facts can be proved by —
and ■ (naming at kast two persons, one of
whom shall be a respectable physician. Dated this — -<-
day of , A. D. — — . E. F.
2. The Justice shall issue subpoenas for the persons nam- ed as witnesses, and such other persons as he may think pr )- per, requiiingthem to appear before him at a specified time,
ASYLUMS. 1S4S-49 9
to testify concerning the facts set forth in said statement. Subpccna Subpoenas may also be issued for witnesses in behalf of the fg'"'''''"^*^' person alleged to be insane. If. after such inquest, the Jus- tice shall be satisfied of the truth of the facts set forth in the statement, they shall require the medical witness forthwith to make out a certificate, siich ris is required for paying pa- tients, by the eighteenth section of this act. The justice shall forthwith make out a cirtificate, which shall read sub- stantially as follov/s :
State of North Carolina, County, ss :
I, the undersigned, Justice of the Peace in and for the
County aforesaid, hereby certify that 1 have visited of
said County, a person alleo^ed to be insane, and have this day held an inquest in regard to him according to law. I am satisfied that he is insane, that he has a legal settlement
ii County ; that he is a citizen of the State of North
Carolina, and is a fit subject for the bounty of the State. 1 am well satisfied, that h.'s being at large is inju- rious to himself and disadvantageous, if not dangerous, to
the county. Vvitness my hand atid seal, this day of
, A. D., . C. D.
Sec. 15. Immediately after the inquest, the Justice shall transmit to the Clerk of the County Court a certificate olcei-ufy to said facts, attested by a physician, and he shall file the same. V'^'"''' r^""^ Also, the said Clerk shall proceed, upon receipt of said at- Clerk and tested certificate, to transmit a copy of the same to the Su- ^^^^' perintendent of the State Hospital, accompanied with appli- cation for admission of the patient therein named to the same. Upon receipt of this application, the Superintendent shall immediately advise the Clerk when the patient can be received. The Clerk shall thereupon, in duo season for the conveyance of said patient to the Hospital by the time ap- pointed, issue his warrant to any suitable person, whose rea- sonable travelling expenses shall be paid from the State Treasury, requiring him forthwith to receive said insane pa- tient and convey him to the North Carolina State Hospital. Said warrant shall read substantially as follows :
2
10 ASYLUMS. 18-i8-'49
State of North Carolina, County, ss.
To -:
V/hereas, all the proceedinsjs necessary to entitle
to he admiLted into the Noith Carohna State Hospital, as a State patient, have been had according to law, you are here- by required forthv/ith to take said person and convey him to said Hospital. Alter executing this warrant, you shall make due return to this oftice. Witness, my hand and seal of ot-
fice, this day ol ■ A. D., -.
, Clerk.
Upon receiving said patient, the Superintendent shall en- dorse upon said warrant a receipt, as follows :
North Carolina State Hospital, )
, A. D., — . ;
Received this — dny of , the patient named in the
within warrant.
, Superintendent.
Females. See. 16. Every term in this act, importing the mascu- line gender, shall extend to, and be applied to females, as well as males.
Sec. IT. In order of admission, the indicrent insane of Order of tb© State shall have precedence ot the rich, and recent cases admission. q[ ^qjj-, classes shall have precedence over those of long standinj: Fvovided, paying patients from other States may be received into the Hospital, should vacancies occur unclaimed by natives of and residents in the State of North Carolina.
Sec. 18. Before any patient shall be received into the Hospital as a paying patient, there shall be produced to the
Superintendent, Reception ,„ „, , . ^ , ,, i %
of paying 1. The Treasurer's receipt for three months' charges, m patients, ajj^ance.
2. A sufficient bond, conditioned as hereinafter required.
3. A certificate from some respectable physician, setting
forth,
1. That tlie patieRt is free fiom any infectious or con- tageous disease.
ASYLUxMS. 184S-'49 11
2. The age of the patient and concise history of the case.
3. The duration of the disease, dating from first symp- toms.
4. The supposed exciting cause of the disease.
5. Whether the disease is hereditary.
6. Whether the patient has ever been subject to epi- lepsy.
7. Whether the patient has ever made any attenipt to commit any violence upon himself or others.
8. The medical treatment pursued in the case^ and any circumstances known to the physician tending to illus- trate the same.
No other proceedings shall bo necessary for the admission of paying patients.
The bonds before mentioned, shall he defined substantial- ly as follows :
"Know all men by these presents, that we, ,
of the county of , in the State ot North Carolina,
are held and firmly bound unto the Treasurer of the North
Carolina State Hospital in the penal sum of ■ . dollars, form of.
for the payment whereof we hereby bind ourselves jointly and severally.
" The condition of this obligation is as follovv's : Where- as — -^ , of the county aforesaid, is about to be admitted
as a paying patient into said Hospital: now, if while he shall remain therein, the undersigned shall constantly sup- ply him with suitable clothing, and pay all the charges of said Hospital against him quarterly in ad\'ance; and when- ever his removal shall be required, immediately remove hinr and if he shall escape from the Hospital, pay a!i reasonable charges incurred in restoring him ; and if lie shall di;' there- in, pay all reasonable expenses incurred for his funeral • then this obligation shall be void ; otlierwisc it shall remain
in full force. Witness, our hands and seals, this day
of , A. D., , A, B.^
C. D.''
12 ASYLUMS. , 184S-'49
Balance to Sec. 10. If tjiere shall be a balance in tiie treasury of patient*. ''^^ Hospital to tlip credit of a patient removed therefrom, the Treasurer shall pay it to the person authorized to re- ceive the same.
Sec. 20. The Treasurer of the State shall be the Treas- urer of the Hospital, and sliali perform all the duties thereof,
Tr-'urpr ^j^^ shall be liable as he now is or shall be by law made li- of Hospital ■"
able in all other of his official acts; he shall present a report
of the receipts of all money paid into the Treasury for the
bsnefit of the Hospital, or in behalf of the patients, and of
all Slims of money paid out for the necessary uses and ex--
penses of the same.
Treasurer See. 21. The Treasurer shall pay out of the Hospital
to pay on. ^^ no sum or sums of money, for any Hospital uses
ly on order •'
whatever, except by order of the Chairman of the acting Board of Trustees for the same. ^ ^fl, . Sec. 22. The Governor, Judo^es ot the Courts and mem-
Ex-Officio ' '^ ^ .
visitors, bers of the General Assembly shall be ex-orncio visitors of
the State Hospital,
Sec. 23. Be it enacted, That when and after the State Hospital shall be opened for receiving patients, no insane person who shall be committed to any jail in North Caro- f-rom'jSlsriina for safe keeping or for the public security, shall be held and detained therein for a period exceeding two weeks ; but said patient shall be by his friends, if they are able, or at public cost, if they are in necessitous circumstances, con- veyed to the State Hospital by and under such forms and provisions of this act as apply to the case.
Sec. 24. This act shall take effect and be in force from and after day of -.
[Read t]]rce times and ratified in General Assembly, this 29th dav ol January, 1S49.J
ASYLUMS. lS-i6-'4!i 13
CHArTER n.
An Act supplemental to an act, passed at (he present Svessiou of the General Assembl}?- of the State of North Carolina, en- titled "An Act to provide for the establishment of a Stale Hospital for the Insane in North Carolina."
SilCTIOIT
1. Hospitul for the Insane to he built near Raleigh.
2. Commissioners to cause building to be within not less than three mile
from, but not in, the City ; to take bond of the contractor ,- and ngt to exceed the amount directed to lie raised.
3. Duty ot Clerks.
4. Limits the building and furnishing Hospital to amount appropriated.
Sec. 1. JBe it enacled hy ilie Gcnfral Asscmlhj ofllieSfate of Nonh Carolina, audit is hereby enacled ly the anlhor- ity of the same, 'Hial the SirSe Hospital for the Insane in ?^orth Carolina, directpd to be e.'^tablished by the act passed at the present session of the^General Assembly, entitled ^'^^P'^al " An Act to provide for the establisliment of a State Hospital for the Insane in North Carohna/' shall be established and bnilt near the city of Raleigh,
Sec. 2. And ])c it farther enacted, Thai the Commiss- ioners heretofore appointed are hereby authorized to estab-Buildiner
lish said Asylum within not less than three niiles of tl)e Citv^"'^^''^ ^" ^° ' ■ "^ ia the city.
of Raieigh, but not within the City; and said Commission- ers are hereby expressly directed to contract for the building said Asylum, and to take bond with snfFicient surety, from the contrnctors, to be approved by the Attorney General, for the faithful performnn:;e of their work; and the said Com- ^finfact missioners are expressly directed to contract for the cost of ^^ "^'"^''' tjie building, so that it shall not in any event exceed the amount directed to be raised in lbs act to which this is sup- plementciry.
Sec. o. Jh it further cnaeted, That it shall be the dut^ Dutv of of the County Court Clerks of llio several co-.intics in this '"''*■'''''*• Statu to include the tav impoycU by this act in the lax lists
14 ASYLUMS. lSi8-'49
which they are now required by law to furnish the Sheriffs of their respective counties; and that the sheriffs shall col- lect, account for, and pay over the said taxes in the same manner they are now required by law to collect, account for, and pay over other State taxes ; and that the Public Treas- urer shall not pay over the same, except upon the order of the whole number ol public buildmg Commissioners.
Sec, 4. Be it fiu ther enacted. That the building and Limits a- furnishing said hospital shall not exceed the amount appro- mount, ptiated in this act.
[Ratified 29ih day of January, 1819.]
CHAPTER III.
An Act amendatory and supplemental to an act passed at the last session of the Grneral Assembly, entitled " An Act to provide suitable buildings for the comfortable accomoda- tion ot Deaf Mutes, and Blind persons of this State."
Section
1. Directors to pay the $5000 for which the principal is I>oani!| out of 3BJ
unexhausted balance of annual appropriation. Proviso.
2. Directors to cause the bu Idings to be furnished, out buildings to be e-
recteJj grounds to be enclosed, &c.; cost of which not to exceed $2- 500.
3. The money to be drawn from the Literary Fund.
Whereas the General Assembly, by an act, passed at Preamble, jts last sessiou, entitled "An Act to provide suitable buifd- ings for the comfbrtals'e accommodation of deaf motes and blind persons in thib Siate, did adopt a plan for s:dd haild- ings, for the carrying out of which, it was estimated and as- certained that the sum of fifteen thousand dollars would be required ; and
ASYLUMS. 1848-'41> 15
Whereas, though by said act a sufficient amount of money was placed at the disposal of the President and Di- rectors of the Literary Board for the erection of said hnild- iiigs upon the plan proposed and adopted ] yet by an amend- ment to the first section of said act, the whole cost of said bnildiiigs was limited to ten thousand dollars ; by reason whereof it became necessary to the prosecntinn of said work accordiDs: to the plan adopted, that the Principal of the institution should give his individual bond for the sum of five thousand dollars to the contractor, to enable him to undertake the work : Therefore,
Sec. 1. Be it enact ed by the General Assembly of the Slal$Jih<&^\am of North Carolina, and it is hereby enacted by the authority ef^'^ )W the the same, That for the purpose of carrying out the object and in- which ihe tention of the act of Assembly, passed at the last session, J'""'^^?*^^* and of relievino: the principal or the Institution from the personal liability assumed by him as aforesaid, on account of said buildings, the Board of Directors of the instituiiou be, and they are hereby authorized, empowered and direct- ed to apply for the satisfaction and discharge of the bond of said Principal, given as aforesaid, the sum of five thousand dollars, out of any unexpended balance of the annual ap- propriation, made at the session of the General xAssembiy of 1844-'45, for the maintenance and education of deaf mutps and bUnd persons of the State, as may remain on hand at the expiration of the present and next fiscal years : Pro- vided, that in makins: the estimate of said balancp, it shall _ . be considered, that all the counties from which pupils have been sent have paid in the amount due from each.
Sec. 2. Be it further enacted, That the Board of Di- rectors of the institution be, and they are hereby authorized, empowered and directed to cause the buildings for the insti- tution of the deaf and dumb to be propeily furnished ; and tt^Jf^Xt suitable out buildinars to be erected, and the g-rounds around baii<3iH^s> the said buildings to be enclosed; and also to cause such oth- er improvements to be made thereon as they may deem ne-
]ft ASYl.UiMS 18-lS--i9
cessnry and proper for the accnmniochuioii of ihe pupils of the iiistitutioii : Provided, hoioever, that the whole cost of said fwrniunc and iaiproveraents shall not exceed (he sum of tv/o thousand, five hinidred dnJUus. Tahe See. 3. Be it fnvihtr enctded, That the Board of Di-
fr.v.n Lite- I'ectors ot tl](j itisututioii bp, aiid ihey hereby are, aiuhoriaed, raiy ^''uihI. empowered and directed to a.pply, for the purposes of furit- ishinw' said buildin^js, erecting suitable out-buildings, and enclosing the grounds as aforesaid, the sum of two thou- sand, live hundiod dollars, froni the Literary Fund.
Sec. 4. Be it Jiirther enacted, That this act shall tako VTicn to gQ;,j,(. r^y^^\ i-jg j^ force from and after its ratihcution.
ta..o elkct.
[[latihed 2rih dciyof January, 1S4:9.J
CHAPTER IV.
An Act to establish a Board of Directors for the Deaf and
Dumb Institute in this State.
Section-
}. Ttio Institution placed under a board of seven directors'.
2. Persons appointed to constitute said board of directors.
3. Boaid sliall appoint a president, and the principal shal! be ex officio
their secretary,
4 The board is charged with the erection^ furnishing, preservation and repair of buiUiingi, and with the interests and supervision of the en- tire institution. They liave powei' to appoint, remove, ancl fix the' compensation of professorsj oflicers and servants — fix amount of tui- tion—prescribe rules, make liy-laws &c.
5. Board shall have slated mcet'ngs, and fill vacancies.
C. Board incorporated unde' the title of the JNorlli Carolina Institute for the Educalion of the Deaf and Dumb.
7 Board shrill report to the Legislatui'e at each of its sessions.
8. Faculty may confer degrees.
Src. 1. Be it enacted by the General dssemhly of the State of North Carolina, ancl it is hereby enacted by the authority of
ASYLUMS. lS4S-'49 17
the same. That so mueli of the act passed at the session of the rnstftutlon Generol AssemWj' foi 1844-5, entitled "An Act to provide Jj,,''^'^[',j^"i" for the education and nifiintenance of the poor and. de;' li- Dirtctors. tnie deaf miUes and blind persons in this State, as p! aces tiie institurion under the care of tlie Literary Board, be, and it is hereby repealed ; and the said institution shall hereafter be under the government of a Board of seven Di- ractors.
Sec. 2. Be it fnrlhev enccled, That Perrin Bupbee, Wemb rs Linn Banks Sanders, Jno. K. Bryan. Thos. J. Lemay, Wm. Uoa,d, \V. HoIdpH, .InmesF. Jordan, and Dr. Charles E. Johnson, be, and tliey ar^ hereby constimied saidBoard of Directors.
Sec. 3. B'J it further enacted, That tiie said Board of Directors, or a maiority, snail anpoint i'roni their own body ^^ -o • a President to preside at their nicelings ; and the Principal ilent and of the instTtntioti for the.tisn-e being shall be cx-oJJUio Sec- ^''^'^^'^''^* retary of the Board, to record, attest and preserve iheir pro- ceedings.
Sec. 4. The said. Board of Directors shall be charo:ed with the erection, furnishnig, preservation and repair of the Power? building, the care or the grounds and appurtenances. i^i)(^ ^,{ ^iitecune of the interest of tlie institution ^enerirlly. They shall have power to employ all necessary agents ; to nfipointand remove Professors, two-thirds of the number concurriiifj in every case of removal ; to fix their compensation; to pre- scrilie their duties ; to establish rules /or the .'zovernment and discipline o( the pupils ; to regulafc tnilion fees ; m pre- scribe and control the duties and proceedin<;s of all onicers, servants and others, wiili respect to the bnihlinirs, lands, a))- purtenances and otiier properly nnd interests of the inslitii. tionj to draw from the Literary Fund or the Treasury such moneys as are, or shall l)e charged by law for the benefit and support of the insi.hution ; and in general to direct and do nil njaiters and things which, not being inconsistent with the Constitution and laws of the I'niteJ States or of this Stale, slia 1 se(;ni to ti-.t-'in njost exf/cJic nt for priu.ot i;o; ihe purposes and fulfilling the objects of said institution; which
3
18 ASYLUMS, 1848-^49
several functions they shall ha free to exercise in the form of bylaws, rules, resolutions, orders, instructions or OthervXnse, as they shall deem proper.
Sec. .5. The said Bonrd of Directors shall have stated and occnsional meetinirs as they shnll themselves prescribe. iTie'eiings. ^ majority shall constitute a quorum for the transfictioti of VKcanties. business, ond all vacancies occurring by death, resignation, or removal from the State or failure to act for six months, shall be snpplied by the Board, subject to the approval of the General Assembly at its ensuing session.
Sec, 6. The President and Directors shall be, and they are herelij^- declared to be a body corporate, under the style Board in- ^^^'^ title of the President and Directors of the North Car- corporaicd. olina Institute for the Education of the Deaf and Dnnib; with the right as such to use a common seal, to plead and be impleaded in all courts of justice, and in all cases in whirh the interests of the institution are involved ; and they shall "be capable in law, and in trust for the mstitntion, of receive- in^ subscriptions and donations, real and personal, as well from bodies corporate and persons associated, as from pri- vate individuals.
Sec. 7. The institution shall in all things and at all
Board to timps be subject to the control of t!ie Lecrislatnre ; and it
Le^^-^Jjaiufg shall be the duty of the Board of Directors to make a report
to the General Assembly at each of its sessions, which shall
embrace a full accou'H of the receipts and disbursements,
the funds on hand, and a general statement of the, condition
of said institution.
Deprcps Sec. S. That ilie Faculty of the said institution, by and
may l)e ^j,}^ {{^g consent of the Hoard of Directors, shall have the
power of conferring all such degrees and marks of literary
distinction as are usually conferred by similar institutions.
Sec. 9. This act shall be in force from and after tha passage thereof.
[Ratified 27ih day of January, 1849.]
ASYLUMS, lS48-'49 la
CHAPTER T.
An Act to provide more eflectually for the education of ihe deaf mutes williin this State.
•SCTIOX
1. Every county court of every county, wlierc there are indigent deaf mutes over 8 and under 20 years old, required to raise by lax $75 for the «ducation id" every svxh mule, for four years, provided it shall not be obligatoiy on the court to provide for more than five at any one time. Justices and sherifis failing to discharge the duties re- quired, to be subject to indictment.
t. President and Directois of Liteiary Fund to direct that pupils shall be received in the instHutiori in Raleigh, and on failure of any county to pay, to pay for the same out of the Literary Fund and deduct the a. mount from the next distributive share of that fund, &c.
Seel. Be it enacted bij ike Generul Jissemhlij of the Stale of JVorf.'i Carolina, and it is hcrehy enacted h'j Uie aulhorilxj of the same^ Tliat in every county in this fcjtate, where any d«af mute shall reside, wlio is a white person o- County ver the as:e of ei^ht and under the aee of twen'v years and ^""fs 'o-
•^ -5 >-' - ■' quirc'f to
not physicaUy or mentally imbecile, it shall be the duty of proi^ido for the Justices of the Court of Pleas and Q,uarter Sessions of ^^"f^'!.""
ot deal
such County, to levy and cause to be collected within the mutes, same a tix of seveniy-five dollars annually, for Ihe term of four yeaf^, for the maintenance and education ofevery such deaf mute within said county, at the State institution in Ral- eigh ; and ill case of the neglect or fiilure of such Justices to liiy such tax, after bejtig informed of the case of s'lch dc;if mule in their couwty, or the failure of the SIieiiiF to collect and pay ever the same to the Treasurer wiiliin twelve iTionths Irom the time ot receiving s:'.!.-'i information, ihey or he shall he liable to indictment and jMinishir;ent, as for the neglect of any other public duty appertaining to their official st.ition : Proridt'd, that this regulation shall not ap- ply to any d<j;if mure who Ijas, or wlios(3 parents have sui- °^"*'' ficient estate to pay the amount aforesaid from their own means, or whose pnrents shall reluse to permit them to be sent to said institution ; nor shall any county be rrquircd to
20 ASYl.UMS. lS48-'49
make provision for more than five deaf mute pupils at one time.
Sec. 2, Be it further enacted, That the President and Directors of tiie Literary Fund, in co;np:iance wiih the foregoincr regi-hition, sh;ill direct the Superiat3i)dent of the a- foresaid iiistifurion in the City of Raleiijh to re?,eive all pu-
Duties of ., /. ., 1 ■ ^. - ' . 1 , , ^ , .
J.iterrtry P''^ ^'^ ^''^ description aforesaid, who iriny apply for admis-
JJoartl, sion ; and if the authorities of any county as aforesaid shall fail to pay its contingent as required by this act for the term of twelve months after the admission of its pupil or pupils as aforesaid, it shall be tlie duty -of the said President and Directors to pay the same out of the Literary Fund and dednct the amount so paid from th^ ne>:t distributive share of said county for the support of Common Schools; which said amount shall be refunded to said County when collect- ed and paid by the same as herein before required.
[Ratified 29ih day of January, 1849.]
ASZM'3, PUI32il€.
CHAPTER VI.
An act to amend an act, passed at the Session of the Leg- islature of this State, of lS4G-'7, entitled " An Act author- izintr the Governor to establish a depot of arms at New- bern."
Section
1, Fixes compensation of keeper of arms, for rent and services, at ^150, 3. Repealing clause.
Sec. 1. J^G it enacted by the General Assembly of ihd
ARMS PUBLLa lS48-'49 21
State of North Carolina, and it is hereby enacted by theyi^esa.
_,, , , 1111 mount foi
avtJiority of the same, Thai the sum of one .hundred and ^^..^ ^„j fxfty doihu-s, and no more, shall be allowed and charjjed by services. the keeper of public arms at the depot in Newbern in full compensation for rent of suitable buildings ior the deposits and safe keeping of all the public arms there placed or or- dered, as well as for tlin personal services of the said keep- er in taking care of tlie same.
Sec. 2. And be it further enacted. That all laws and j^,^,^y^^^ clauses of laws contrary or repugnant to this act, be, and clause. the same are hereby, repealed.
Sec. 3. Be it further enacted, That this act shall take effect and be in force from and after its ratification.
[Ratified 29th Jay of January, ISiO.j
AII'^
CHAPTER VII.
^n Act to amend the IGth Chapter of the Revised Stat- utes, relating to bail.
SiCTIO?? . .
1. Allows bail, in State pro'PCulionF, as in civil, to surrender the princi- p..I a*, any lime, in discharge of themselves. Proviso.
Sec. 1. Be it enacted by the General Assembly of ^^'eBa'^l^^"J"J Stale of North Carolina, and it is hereby enacted by Me principal, authority of the sa7ne, That the provisions and require- i'>^«'*'e" ments of the fourth section of the tenth Chapter of the Re- time, vised Statutes, relating to bail in civil cases, shall be ex- tended to bail in State pro? ecutions. allowing them, at any
22 BANK, l848-'49
time to surrender the principal in discharge of themselves i Proviso. Provided, that no surrender of any principal, after the for- feiture of the recognizancCj shall have tlie effect to d'scharg^e the bail, except otj sufficient cause to he shewn to, and ad- judged of, by the court, and, on such terms as the court may impose as heretofore practisecj.
[Ratified 29th day of January. 1849.]
BANK.
CHAPTER *YIIL
An Act to establish the Bank of Fayetteville.
Section
1 Limits capital to $800,000, in shares of 50 dolls, eacli, and proyides for
opening books for subeciiptions.
2 Sl!|!ula!es the time and manner of paying shares.
8 When two thousand shares are subsciihed; and 25,000 doilais paid, the bank may go into operation, with corporle powers.
4 Provides for meeting of subscribers and election ot nine direct* rs.
5 Prescribes rules and regula'ions as articles of their constitution.
6 Provides that notes of said bank not paid when demanded, shall draw
12 percent interest from tlie time of ;aid demand.
7 Makes individual stockholders liable to double the amount of thrir stock.
8 Books may be kept,rpen. 9 Embezzlement and ftaud made felony.
10 Prescribes penalty for forgery.
1 1 Slate tax twelve and a half cents on each share of stock.
12 and 13 provide for dixitlends and annual report to Legislature.
14 False statement subj'-cts the offender to indictment.
15 Fro\ ides for proceedings on violation of charter.
16 Excess of subscription to bo reduced-
1 7 Provides for branches.
Sec. 1. Be it enacted by the General Assembly of the Slaii of North Carolina, and if is hereby enacted by tht authority <^
BANK. 184S-'49 »3
the same, That a bank shall be established in the town ofCapitai Fayetteville, the capital stock ot which shall not exceed ^'"'^'^ eight hundred thonsatid dollars, divided into shnres of fifiy dollarseach; and that for the purpose of receivit)? subscrip- tion for said stock, books shall be opened on the first day of February, one thousand, eiijht luindred and fortyniup, and remain open for the space of sixty days, at Fayetteville, un- der the superintendence of tlie following persons, or n Bonks to majority of them, viz. James Kyle, Henry Silly, J. ]3.^«°P*"«'^ Stnw, James Martin, and J, T. Gil more; and at such other places^ and under the superintendence of such persons, as said commissioners niny direct.
Sec. 2. Be it farther enacted^ Tiiat one-tenth of such shares shall be pnid in gold or silver, or their equivalent, to the commissioners above named, :tt the time of subscribing; Sbareu. Ihnt another tenth shall be paid within thiiiy dnys thereafter; **°"^ ''"''' that another tenth shall be paid within sixty days; that an- other t( nth slinll be paid within ninety days; that anotfier tenth shall be paid within one hundred and twenty days; and tliat the remainder shall be paid as the President and Directors hereinafter provided to be elected may direct- and if any subscriber shall fail to pay any instalment at the time stipulated, he shall pay interest thpreon at the rate of six per cent, per annum, and his stock shall be forfeited, and may be sold by the bank, and the proceeds applied to the payment of the aforesaid deficient instalment ; and he shall be held responsible for the same at the option of the bank; and the balance, if any, of such sale, to be paid over to the said subscriber: Provided, that no dividend shall be declared until the whole amount of stock subscribed shall be paid in sold or silver, or their equivalent.
Sec. 3. Be it further enabled, That when two thousand s^'.aresare subscribed, and the sum of twenty five thousand n'^'^r"*''*
. •' Uank IS to
dollars IS actually paid to the commissioners, the subscri- ro mto op- bers to the said bank, their successors and assigns shall be,*^""""* and tht^y arc hereby created a bo^y politic in law and in fact, by the name and style of* The Bank of Fayetteville;" and uhall so coritiuue tuitil the first day of January, ona
24 BANK. 1848-'49
thousand, eiCTlit hundred and seventy-five; and by the name and style aforesaid they shall be, and they are hereby made able and capable in law, to have, purchase, receive, possess, e;<^joy and retain to themselves and successors, lai)d, tene- ments, rents, hereditaments, goods, chattels and efFt-cts; and the same to grant, devise, alien and dispose of; to sue and be sued, implead and be impleaded, answer and be answer- ed, defend and be defended in courts of record, or any other place whatsoever; and also to make, have and use a com- mon seal, and the same to break, alter or renew at their pleasure; and also to ordain, est;ibhsh and put in execuiio-' such by-laws, ordinances and regulations as shall seem ne- cessary and ronvt'uient for the government of said corpora- tion; and for the making whereof general meetings of the stockholders may be called in the manner hereafter speci- fied; and, generally, to do and execute ail acts, matters and things which a corporation and body politic in law may or can hnvfully execute; and be subject to the rule*;, regulations, restrictions and provisions hereafter piescribed and declared. Sec. 4. Be it farther enacted, That as soon as two thou- sand shares shall be taken in the stock of said bank, and General twenty five thousand dollars paid to the commissioners who and e ec- keep the books, notice shall be given in the Gazetti^s publish- tionof Di-gj j,t p.iyettcville; and a meeting of the subscribers, to be held in ten days at least after the date of the notice, shall be called. If, at this meeting, those, or their a-rents, who have a majoiity of votes according to the rates hereafter described, be present, (\{ not, another meetitjg shall be called,) they shall proceed to the election of nine directors, who shall take charge of the books and money in the hands of the commissioners, and immediately pursue the usual means to put the bank in operation. The said directors shall remain in office until the first Monday in May, one thousand, eight hundred and fifty, or until their successors sliall be ap- pointed,- and on the first Monday in May in each year, or as any time th^-eafier, meetings of the stockholders shall be held, in the town of Fayetteville, for the purpose of electing
rectors.
BANK. 1848-'49 25
directors, inquirinof into the affairs of the institution, and making such regulations as may bo deemed fit and neces- sary.
Sec. 5. Be it further enacted. That the following rules, regulations and provisions, shall form and be the fnndamen- Rules and tal articles of the Constitution of the corporation. A meet regulations iijg nt the stockholders cannot be held unless those who have a majority of the whole number of votes be present, and every act shall require the sanction of a majority of the votes which may be present ; every stockholder lioldino: one share and not more than two, shall be entitled to one vote ; for every two shares above two and not exceedinsf ten. one vote; for every three shares above ten, not exceedinij one hnndred, one vote ; and for every five shares above one hun- dred, one vote. After the first meeting, no share or shares shall confer a right of voting, which shall not have been holden three calendar months previous to the day of voting; stockholders may vote at general meetings and elections by proxy, the proxy beinor him'self a stockholder. No Presi- dent, Cashier, agent or clerk of the principal bank, its ofli- ces and agencies, shall be permitted to vote as proxy for another. None but a stockholder who is a citizen of the State shall be eligible as a director ; and the directors when appointed shall choose one of their number (which shall al- ways be nine) to be President of the hank, and shall manage the institution as shall seem best to them, unless otherwise directed by the stockholders; but compensation to the Presi- dent and directors shall be granted at the pleasure of the stockholders. Not less than three directors, of whom the President shall always be one, shall constitute a board for the transaction of business, except in case of absence or sickness of the President, when he may by writing nomi- nate any other director to supply his place; a number of stock- holders, not less than ten, who together shall be the owners of tvvo thousand shares or upwards, shall have power at any time to call a general meeting of (he stockholders for pur- poses relative to the ins'.ilntion, giving at least twenty days
4
S5 BANK, lS48-'49
notice, in a public gazette, and specifying the object or ob- jects of such meeting, The directors shall annually elect such officers as may be deemed necessary, to perform the business of the bank, and may remove them or either of them at pleasure. Those officers shall be required to give bonds, with two or more sureties, in sums not less than ten thousand dollars, with a condition for good behavior and faithful performance of duty. The Cashier shall keep a book to contain the proceedings of the board of directors, the name of those present, the date and day of each meet- ing, and sliall record the yeas and nays on any question, when asked for by a director. This book shall be evidence in courts of justice, against said bank ; and on entering on the discharge of his duties, the Cashier shall take the follow- ^ ing oath or affirmation before some Justice of the Peace, by
whom it shall be deposited in the office of the Clerk of the County Court of Cumberland, viz:
" !, A. B., do solemnly swear for affirm as the case may be) to keep a just and true record, without alteration in, or erasure of, the transactions of the board of directors of the Bank of Fayetteville, in a book to be kept by me for that purpose."
The said corporation shall purchase and hold only such lands, tenements, rents and hereditaments as shall be re- quired for the convenient transaction of its business, or shall have been bona Jide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sale upon judg- ments, which shall have been obtained for such debts. The said corporation shall neither directly nor indirectly trade in I any thing except bills of exchange, promissory notes, and bonds expressing on the face of them to be negotiable and payable at said bank, gold or silver bullion, or in the sale of gfoods really and truly pledged for money lent and not redeemed in due time; or in goods which shall be the pro- duce of its lands, mint certificates, and the public debts of the United States, provided, the investment in such stock
BANK. 1848-'49 27
shall not exceed one half of the capital stock of this bank. Neither shall the said corporation take more than at a rate of six per cent, per annum, for or upon its loans and dis- counts, which interest may be taken in advance at the time of discount. The total amount of the debts which said cor- poration shall at one time owe, shall not exceed twice thea- mount of the stock actually paid in over and above the sum then actually deposited in the bank tor safe keeping. If a vacancy, in the directory shall occur, by death, resignation or otherwise, the remaining directors shall fill such vacancy until the succeeding annual meeting of the stockholders. The stock of the said corporation shall be assignat)le and transferrable, according to the rules which shall be institu- ted in that behalf by the laws and ordinances of the same. The officer at the head of the Treasury department of the State shall be furnished once in six months, with a state- ment of the amount of capital stock of said corporation, and the debts due the same, of the moneys deposited therein, of the notes in circulation, and of the cash in hand; and shall have a right to inspect such general accounts in the books of the bank as shall relate to the said statement : Frorided, that this shall not be construed to be a right of inspecting the accounts of any private individual with the bank, ex- cept of the directors. The bills obligatory and of credit, un- der the seal of said corporation, which shall be made to any person or persons, shall be assignable by endorsement there- on, under the hand or hands of such person or persons, and of his, her or their assignee or assignees, and so as abso- lutely to transfer and vest the property therein in each and every assignee or assignees successively, and to enable such assignee or assignees to bring and maintain an action there- upon in his, her or their name or names ; and bills or notes which may be issued by order of said corporation, signed by the President and countersigned by the cashier, promising the payment of money to any person or persons, his, her or their order, or to bearer, though not under the seal of said cor- poration, shall be binding and obligatory on the same, in the
2S BANK. 184S-'49
like manner and with the hke force and effect as upon any- private person or persons, that is to say, those which shall be payable to any person or persons, his, hor, or their order, shciH b3 assignable by endorsement in like tnannt^r and with like effect as foreign bills of exchange now are; and those which are payable to bearer shall be negotiable and assigna- ble by delivery only.
Sec. G. ' Be it furtlicr enacted, That if any person or Unpaid persons, holdino- any note or notes of said bank, shall pre- notes sub- ^^^^^ ^^-^^ samo for payment, and payment shall be refused, interest, the said note or notes siiall draw interest at the rate of twelve per cent, per annum, from the time of said demand, and the said bank shall pay the same, any law to the con- trary notwithstanding; and the holder of the notes of said Bank, if not paid on demand, may bring an action of assump- sit against one or all of the dirt'.ctors who may have con- sented to issue more than twice the stock paid in, pvovi- ded, the bank be unable to pay the amount, stockiiold- ^^^' ^- ^^ii further enacted, That in case of an insol- ers liable, vency of the Bank hereby created or ultimate inability on the part of this corporation to pay, the individual stock- holders shall be liable to creditors, in snms double the a- mouuts of stock by them respectively held in said corpora- tion. Books may Sec. 8. Be U farther etiactcd, That the directors shall
be kept o~ i^q avowed to keep open the subscription books until the pen. ^ "^ ' (
whole of the stock shall be taken.
Sec. 9. Be it further enacted. That if a director or any other officer, agent or servant of said corporation shall em- bezzle any of the funds belonging to said bank, with the in- mentTnd" ^^^^ ^^ defraud said corporation, or make false entries upon Fraud- the books of said Bank, with intent to defraud said corpora- tion, or any other person whomsoever, said officer, agent or servant sh.-iM beheld and deemed guilty of felony, and up- on conviction thereof by due conrse of law, shall be pun- ished by fine at the discretion of court, and imprisonment not exceeding live years.
BANK. . . lSlS-'49 20
Sec. 10. JJc it further euaclcd, Tiiat if ony person shall falsely make, forge or couuterfeit, or cause or procure 10 be fal?ely made, forged or counterfeited, or willingly aid or assist in falsely making, forcing or counterfeiting any bill or note in imitation of, or purporting to be a Will or note issued by order of the President and directors of the Bank of Fayetteville, or any order or check upon said bank, or p^^gg^y^ corporation or any Casliier thereof; or shall talsely alter, or cause t^r procure to be fLxlsely altered or willingly aid or as- sist in falsely alteriiiij any bill or note issued by order of the said corporation, or any order or check on said bank or any Cashier thereof; or shall pass or receive with intent to pass, alter or pnblisli as true, any false, forced or counterfeited bill or note purporting to be a bill or note issued by order of said corporaiioii, or any false, furg'd, or coun- terftiited check or order tij-inu the said bank or any Cash- ier thereof, knowing l!io same to be falsely forged, or counterfeited; orsliall pass, or receive with intent to pass, or publish as true any falsely altered bill or note, issued by order of said Bank, or any falsely altered order or check on said bank, or any ("Cashier thereof, knowing the same lo be falsely altered, wiih intent to defraud the said corporation or any other body politic or person or persotis; every such per- son shall be deemed guilty of felony, and being thereof con- victed by due course of law, shall be imprisoned, not ex- ceeding ten years, and hned not exceeding five thousand dollars.
Sec. 11. Be ii further enacfeO, That that the Presi- >,
dent or Cashier of said Bank shall annually [jay into the I
Treasury of the State, twelve and a half cents on each share of said capital slock, which may have been subscri-'^®^ ^° j bed for, and paid in; and the first payment of said tax shall I
be made twelve montiis after said bank shall havecommen- /
ced operations.
Sec. 12. Be it furlher enacted, That the directors of said bank may declare semi-annually dividends of the profits ^^""''^"■^^• thereof; and if at any lime more than the real prohts are
30 BANK. 1848--4&
divided, the directors assenting thereto shall be responsible, in their private capacities to creditors who have claims a- gainst the said institution. Rspon to Sec. 13. Be it further enacted. That the President of this ^^^^^^'^^* bank shall in the first week in December, in each and ev- ery year, transmit to the General Assembly a full statement of the condition of the bank, exhibiting the amount of capi- tal, notes in circulation, (Jehis due toother banks and to what banks deposited, and all other particulars necessary to explain the debit sideof the account; also specie on hand, notes of other banks and what banks, bills of exchange, debt on bonds and notes discounted, specifying in one item the amount due from stockholders, and in another the amount due from directors, not, however, using any person's name in either case; and the real estate.
Sec. 14. Be it further enacted, That if any President, Penalty Cashier, clerk or other ofncer of the aforesaid bank, shall for false j^nowincjly, willingly and with intent to deceive, make or
statement. t-' j ) o j '
cause to be made, or connive at making any false return, statementor exhibit of the condition of the Banic, either to the Treasurer of the State, to the Legislature or to the board of directors or to the stockholders, or to any other person or persons that may be authorized by the Legislature or by the stockholders to receive the same, such President, direc- ors. Cashier, clerk or other officer; and all persons aiding or abetting in such deception or falso return, shall be liable to be indicted for a misdemeanor, in the Superior Courts; and upon conviction, shall be fined at the discretion, of the court, and imprisoned not exceeding one year.
Sec. 15. Be it further enacted. That whenever the Legisla- ture may be of opinion that the Charter of the corporation, hereby granted, shall have been violated, it may be lawful, by joint resolution, to direct the Attorney General, with such assistant counsel as the Governor or the Legislature may Violation think proper to engage, te issue a writ of scire facias, return- of charter. ^^^^ \;)q(q^c the Judges of the Supretno Court, calling upon said corporation to shew cnuse why the Charter hereby gran-
BANK. 1848-'49 31
ted shall not be forfeited, subject to the same proceedings as are now prescribed by law as in cases of other corpora- tions. T, „„ , Sec. 16. Be it further enacted. That if it shall happen, when ^^bscript'a the books shall be opened as aforesaid, that a greater sum than eight hundred thousaud dollars shall be subscribed, by- individuals or by bodies corporate, it shall be lawful for the commissioners to reduce such subscriptions, according to a scale, by them to be established for that purpose, to the a- foresaid amount of eight hundred thousand dollars: Provi- ded, that no subscription of two shares or under shall be scaled, until all larger subscriptions shall first be reduced to an equality with them.
Sec. 17. Ik it further enacted. That whenever ten thou- sand shares shall have been subscribed, and the sum of five hundred thousand dollars shall have been paid in specie or its equivalent, the President and directors of the said bank shall cause to be located, branches or agencies of the said bank, at Wadesboro', in the county of Anson ; and at Greensboro', in the county of Guiiford ; and at Salisbury, in the county of Rowan ; and at the town of Washington, in the county of Beaufort.
[Ratified 27th day of January, 1849.]
32 BILLS, BONDS AND NOTES. lS48-'49
BILLS IS0i^'<»S AT4l]> KOTE§.
An Act to amoiiJ the 13ih nhnpt<'r of the Revised Stat-itns, entitled ^' An Act concerning bilis, bonds, and proiiiissory notes."
Sectiox
1. Dills of exchanc^e, priyable at sij^lit, &:r., allowed the same Jays of
grace as is usual on foreign liills of exc'ianj^e.
2. The same sh.ill n.)t apply to bills and notes payable on demand.
Whereas, doubts are entertained whether days of grace are to be allowed on si^ht bills, and there is no established mercantile nsno-e on the subject in this State : Therefore,'
Sec. 1 . Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of grace.° ''^^ s'twe, That from and after the passage of this act, all bills of exchangp, payable within this Slate, at sight, or at a future day certain, in which there is no express stipulation to the contrary, shall be, and the same are hereby declared to be entitled to days of i{race, as the same are allow^ed by the custom of merchants on foreign bills of exchange, pay- able at the expiration of a certain period after date or sight. Sec. 2. Provided, that the same shall not apply to any No grace ^iH of cxchani];e, proanssory note or drafts payable on de- payable on m^ud, but the samo shall be due and payable on demand, demand- find no days of grace shall be allowed thereon.
[Ratified 29th January, IS49.]
CANALS. 1848-'49 3S
CANALS
CHAPTER X.
AN ACT to provide for the improvement of Clubfoot and Harlow's Creek Canal, and for other purposes.
Section
1. Appoints commisRionera to open books for subscriptions, and providea
that the subscribers shall be incorporated whenever $3,000 shall ba subscribed.
2. Provides for general meetings, election of directors and manner of vo-
ting.
3. Capital stock $6,000, in shares of $100 each.
4-. Majority required at general meetings, and 20 days notice to be glvea to the Governor.
5. Provision on failure to pay subscription.
6. Governor lo convey canal, on certain conditions, and State to have 10
shares.
7. Amounts to be paid by the State, aiTl stock secured to her, when the
company shall Iiave (aithi'ully expended certain sums.
8. Reports to be made, and <]ividends paid to Treasurer.
9. Tolls may be imposed as now allowed by law.
Sec. 1. Beit enacted hy the General tRssemhly of the State of JS'orlh Carolina, and it is hereby enacted hy the authority of the sarae, That John F. Jones, Thomas Dun- can, Benjamin S. Perry, Michael F. Arendell, Malachi B. Robeson and Josiah F. Bell, in the town of Beaufort, Car- teret County, and James W. Bryan, Charles Slover, A. F. Jerkins, Moses VV. Jarvis and John Blackwell, in the town of Newbern, Craven County, be, and they are hereby ap- pnnited commissioners to open books in said town, for the purpose of receiving subscriptions for the clearing out and improvement of Clubfoot and Harlow's Creek Canal ; and
Si €ANAli8. IS 18- 49
that whenever three thouseaid dollars shall he subscribed by solvent individuals, the stibscribers thereto siiall be incorpo- rated into acon}pany by the name and style of the " Presi- dent arid Directors of the Clubfoot and Harlow's Creek Amount^of Q^^j^^l Companv," and by that name shall be capable in law penins of s'.iing and being swd ; shall liave succession and a com- jooks, J.C. .^^^j^ g^^^j . gj-jf^jj i^g capable of holding Chil^foot and Har- low's creeic and the lands adjoining necessary i'or the p",ir- poses of said company ; and may make ail such by-laws, rules and regulations, not inconsistent with the laws of this xState or of the United States, as shall be necessary for the conducting- the affairs of said company.
Sec 2, And be ii further enacled, That whenever three thousand dollars have been subscribed by solvent individu- ^, . als, it shall be the dutv of the commissioners aforesaid to iiii'eiinff giv^e the subscribers twenty days notice to assem.ble at some „*■'"*'' convenient place; and at said meeting the subscribers sliall Directors ^]qqi a President and five directors,, for the management of the affairs of said company, who shall hold their offices for one year and until the next annual meeting ot the stocKiiol- ders, which meeting shall take place once at least in each year ; and at all meetings of the stockholders each stockholder shall be entitled to vote accordinof to tile num- ber of shares he may own in the proportion following, viz : for one share and not more than two, one vote ; for every •two above two, and. not exceeding ten, one voto ; and for every eight shares thereafter, one vote ; provided always, that in fill meetings of the stockholders the person repre- senting the State shall be entitled to an equal number of votes v/iih tlie stockholders pres'^nt.
Sec. 3. Be it fiiriher enacted, That the capital stock
ot the Clubfoot and Harlow's Creek Canal Company shall
consist of six thousand dollars, divided into shares of one
CBpiial hundred dollars each ; and the President and directors of
SiUtfik
said company shall issue certificates of stock to the sub- scribers Ijierefor, as they nre severally entitled.
CANALS. l&i3--49 Si
Sec. 4. Be it further enarttd, Tluit (o const ituiu any Quomw meeting of Ihe stockholder:! of tiie company iiereiii creatCAl, a majority of all the rotes which could be j^-iveu upon all the shares shall be prese-it, either in person or by pi'oxy, and notice of such meeting shall be given io the Governor at least twenty days previous to the time of meeting.
Sec. 5. Be it furlher enacted., Tliat it any stockholder shall fail to pay his subscription as required by the Presi- dent and directors aforesaid, within one mofjth of tlie time specified, it shall and may be lawful for the President and of raiiure Directors to sell at public auction and to convey to the pur- '" f'^y"''' chaser the share or shares of such stockholder so failing ; and if the said sale slialj not produce the sum required ;o b(? advanced with all the charges, then the Presidefit and di- rectois may recover the balance from the original proprietor of tlie stock, or his assignee, executor or administrator, by suit in any court of record having jurisdiction of tlie same, or warrant before a justice of the peace.
Sec. G. Be it furlker euucttd, 'J'hat whenever the Pres- ident and directors of the Clubfoot and Harlow's Creek Ca- nal Company shall certify to the Governor that said Com- pany has been organized according to the provisions of this act, then it shall be the duty of the Governor to convey to said President and directors, for the use of said company, ^o'^''"'"'
to convpy
the Clubfoot and Harlow's Creek Canal, with the appurte- canal lo nances, upon the said President and. directors executiiifr to ''^'"''f"^
' *= und State
the Governor a mortgage to the State, with a condition to to have lo put said Clubfoot and Harlow's Creik Canal in 2:cod rejiair *^*''^*- and keep it so; and at the same time said President, and di- rectors shall deliver to the Governor, for the use of the State of rs'orth Carolina, ten shares of the capital stock of said company.
Sec. 7. fie it further enacted. That wlicnever tht PresideHt nno' directors of said company shall make it appear to the satisfaction of the Public Treasurer that fifteen hundred dollars have been paid by the subscribers and faithfully ex-
36 CANALS. lS4S-'i9
Appropri- pended upon the improvement of said Clubfoot and Har- outof Pub- low's Creek Canal, then the Pubhc Treasurer is hereby an- hc Treasu. thorized to pay over to said President p.nd directors one thousand dollars to be expended upon said canal, the said President at the same time delivering to the Treasurer, for the use of the State, ten shares of the capital stock of said Company ; and when the said President and directors shall again make it appear that fifteen hundred dollars more has been paid by the stockholders, which, together with the thousand dollars received from the Public Treasurer, have been faithfully expended for the improvement of said canal, then and in that case the Public Treasurer is hereby author- ized to pay over to said President and Directors one ttiou- $1000 sand dollars, for the improvement of said canal, the said President and directors at the same time deliverino^ ten other shares of the capital stock of said company to the Public Treasurer, for the use of the State.
Sec. 8. Jlnd he it further enacted. That said President and Report and directors shall annually report to the Treasurer of the State dividends. ^|^g condition of said company, and pay over to said Treasu- rer all such dividends as may be declared upon the thirty shares of the capital stock of said company, belongir-g to the State. Tails. Sec 9. Be it further enacted. That the President and di-
rectors of Clubfoot and Harlow's Creek Canal Company may- impose and receive the same tolls for passing the said canal as those now allowed by law.
[Ratified 29th day of January, 1849.]
CONSTABLES, 1848-'49 37
COWSTAI5I.es.
CHAPTER XL
AN ACT to amend the 24th Chapter of the Revised Statutes.
Sectiox
1. When a town is parted, in division of counties, into captain's districts, each district of such town entitled to two constables.
Sec. I. Beit enacted hy the General Assemhhj of the Stale of tJ\^orth Carolina, and it is hereby enacted hy the authority of the same, That when a town shall be parted in the division of counties into captain's districts, each dis- trict of such town shall be entitled to two constables, to be elected in manner and form as now provide i by law.
Sec. 2. Be it further enacted, That this act shall be in force, from and after its passage.
[Ratified 29th day of January, 1849.]
COSTS
CHAPTER XH. AN ACT concerning costs in certain cases in equity.
itCT'.OS
1. upon plaintiff dismissing his bill, or defendant dismissing the same for want of prosecution, plaintifT to pay defendant full costs.
Be it enacted by the General Assembly of the State of North
38 COSTS. 1848 -'49
Carolina, and it is hereby enacted by the auihority of the same, That from and after the passage ot tliis act, mon the plain- tiff dismissing his own bill, or the defendant dismissing the same for want of prosecution, the plaintiff, in such suits, shall pay to the defendant or defendants his or their full cost, to be taxed by the master.
[Ratified 29th day of January, 1S49.]
CIlAPTEEl Xlil.
AN ACT To anthorize the further taxation of costs in the trial of actions at law.
Section
1. Court, hereafter, in rendering judgment, shall tax as cost fees for taking
depositions oeyond the State, by virtue of commission from said court. 3. Shall also tax, as part of cost, fees for excmpliiicutions or transcripts of
records or copies of deeds.
Sec. 1. Be it enacted by the General Assembly of the Stale of North Carolina, and it is hereby enacted by the authority of the same, That whenever judgment shall be hereafter re- covered by any person or persons npon the trial of any cause, in any of the courts of law of this State, for the costs by him or them in such suit expended, shall be taxed as part of Expense of sa^jfj PQg^g^ t},Q fees for executinsf any commission issuing
executing . . . ...
rommis- trom any or the said courts to take depositions, in said suit, sionoutof beyond the limits of this State, and for the attendance of
the Stale to •' ' _ _
he taxed as witnesses before the commissioners or commissioner allow- ^°^^' ed by the law of the place, where such commi''sion shall be
executed; and the certificate of the commissioner or commi?- sioners, annexed to such deposition, of the amount of sucli fees paid by the party in whose favor such judgment shall bo rendered, sfiall be received as evidence thereof.
5iec. 2. Be if further cnacled, That there shall also he taxed,
COUNTIES. 184S-'49 39
under the direction of the court, ns a pnrt of the costs in Fess for such suits, the fees paid for exemplifications or trai"iscripts^""^^',|.^^' of records, or certified copies of deeds to be used as evidence t^xpt^ as in such suits; and llie ceriificate of the clerk making siich'^""' exemplifications or trnnsciipts of records, or of the register furnishing sucli certified copies of deeds, as the case may- be, of the amount of such fees, shall be taken and received as evidence thereol'
[Ratified 20th day of January, 1849]
COUNTIES.
CHAPTER XIY.
AN ACT to lay off and establish a new county by the
name of Alamance.
). Divi('es llie county of Orangp, if a majority of the people vote for it.
Sec. 1, Be it enacled by the General Assembly of the State (]f North Carolina, and it is hereby enacted by the authority of the same, That a county shall be, and the same is hereby, hiid off and established, out of tliat portion of the county of Oran^re Jyinr- West of a North and South line, runnin*;): from the Caswell line, Soutji to Hav/ River: thence down the meanders of said River to llie Chatham line, said North and South lino runnin2: nine miles V^est of the of thctDwu of Hillsborough, as lierefofore surveyed by Edward Benson; said county to be called Alamance; and it shall be, and is, liereby, invested with all the rijjhts, privileges and immuni- ties of the other counties of this State ; provided a majority of the qualified voters for members of the House cf Com-
40 CO UNTIES. 1848-'49
mons, in the county of Orange, shall vots for the division aforesaid, at an election to be held according to the provis- ions of an act to he passed supplemental to this act.
Sec. 2. Be it further enacted, That this act shall be in force from and after its ratification.
[Ratified 29th day of January, 1849.]
CHAPTER XY.
AN ACT supplemental to an act, passed by the present General Assembly, entitled "An Act to layoff" and estab- lish a new county by the name of Alamance."
SECTfOIT
1 Rights with which county is invested,
2 Appoints commissioners to locate the seat of justice.
3 Provides for laying off town and erecting court house and jail.
4 Justices and militia officers residing in Alamance to exercise the funa-
tions in said county^ which they did in Orange.
5 Constables to do the same.
6 Provides for the holding of a Superior court.
7 Provides for a county court and the election of county officers.
8 Tiansfer of suits in county court.
9 Transfer of suits in Superior court.
10 Superior court of Orange to have jurisdiction of criminal offences, &c.
11 Imp-isonments to be in Orange jail until erection of one in Alamance.
12 Sheriff of Orange not proh bited from collecting certain claims in Al'
amance.
13 Sheriff of Orange to perform all the duties of his office in Alamance
14 Sheriff of Orange to collect taxes. Proviso.
15 Representation and elections
16 Share of common school fund, how paid.
17 Elections, how held.
18 County to compose a part of 4th judicial circuit.
19 Judge to appoint clerk and master.
20 County court te appoint commisEioners to superintend erection of court
house and jaih
21 Provision for paupers:
I
COUNTIES. IS13-'49 41
22, 23, 2ij 2o, and 26^ provide for sense of people on divisioa.
27 Surveyors appointed Ic run diviiUng line.
28 Provision if a majority decide against division.
See. 1. Be it enacted hii the General Asscmhbi of the State
, . . , Sights of
of North Carolina, and it is hereby enacted by the authority o/"couiity.
the same, That the county of Alamance shall be, an'I is hereby,
invested with all the rights, privileges and immunities of the
other counties of this State, except as hereinafter provided.
Sec. 2. Be it further enacted. That John Stockard, John Fogleman, Jesse Gant. Peyton P Moore, Wm. A. Carriofan, Commis- John Scott, Ahsalom Ilaryey, James A Craig, George Htir- locate ^c. k. die, are hereby appointed commissioners to select and deter- mine npon a site for a permanent seat of justice in said coun- ty, who shall locate the same as near the centre of said coun- ty as a suitable location can be obtained, taking in'o con- sideration both the extent of territory and population; aud a majority of said commissioners shall have power and au- thority ti act.
Sec. 3. Be it further enacted. That a majority of said commissioners shall have power to purchase or receive by Town to donation, for the county of Alamance, a tract of land con- ^'^ laid ofi'. taining not less than twenty-five acres, nor more than one hundred, to be conveyed to the chairman of the county court of said county and his successors in office, upon which a town sliall be laid off and called Grahnrjt, where the court house and jail shall be erected, and where, after the completion of said couit house, the courts of said county shall be held, and the clerks and registers shall keep their offices ; and the said commissioners shall lay off the lots of said town, and after designating such as shall be retained for public uses, shall expose, after due notice, the balance, or such jiortion thereof as may by them be deemed neces- ♦.
sary, at public auction, upon a credit of one and two years- and shall take from the purchasers bonds and security lor the purchase money, made payable to tlie chairman of the county court and his successors in oliiic; and uj)on tjio
G
42
COUNTIES.
lS48-'49
Justices
payment of the piirehase money, the chairman or his suc- cessor shall execute title therefor, which money shall be ap- propriated to the buildin2: of a court honse and jail.
Sec. 4. Be it further enacted, That the justices of the peace and officers of the militia who reside within the limits of "''•^ "^'''^^^ Alamance county, shall continue to hold and exercise all
olRcers. v. , • •
the official powers and authorities, m and for said county,
that they had hitherto held and exercised in the county of
Orange.
Sec. 5. Be it further enacted. That constables now resi-
~ ... dinff within the limits of the county of Alamance, shall con- Constables 3 _ -^ '
tinue to hold their offices and perform all duties appertain- ing thereto, until the expiration of the term of office for which they have been chosen, under the same rules, regula- tions and penalties as constables are subject to in this State*
Sec. 6. Be it further enacted. That there shall be a superior court of law and equity opened and held at Providence meeting house, in said county of Alamance^ on the 8th Monday after the 4th Monday of March and September of each and every year, and at the same place from time to time, unless a court house should he built in the mean time as provided for in this act ; at the town and court house on the 8ih Monday after the 4th Monday of March and Septem- ber in each and every year thereafter; which court shall liave the same jurisdiction that the present Superior courts of law and equity in the several counties in this State now have and exercise.
Sec. 7. B?; it further enaciedj That a Court of Pleas and duarter Sessions shall and the same is hereby establish- ed in and for the county ot Alamance, to be held by the Jus- tices of said county on the first Monday after the 4th Mon- day in February, May, August and November, in each and every year; and that the first session of said court shall be held at Providence Meeting House aforesaid on the first Monday after the 4th Monday in May next, and at the same place from time to time, until a seat of Justice shall be estab- lished for said county as is hereby provided; and at the first
Superior court.
County court.
COUNl^IES. TS48-'49 48
session of said court) a mnjority of the Justices of the Peace being present, they shall elect a clerk of the Superior Court, a clerk of the county Court, a county attorney, Sheriff, Cor- oner, Register, Entry taker, Surveyor and all other officers for said conn ty, who shall enter into the bonds required by law , and shed! hold and continue in said ofHce until suc- cessors to tlieni are dnly chosen and qualified according to the acts of the General Assembly in such cases made and provided : Provided, thnt said court may at its said first session appoint the place of its subsequent sessions, and al- so of the Superior jonrt., until a court house shall be erect- '°'"^'*' ed for said county of Alamance.
Sec. 8. Be U further enacted, That the court of pleas and quarter sessions hereby established shall possess and exerrise the same powers, authorities and jurisdictions as are possessed and exercised by the other county couits in this State ; and ail suits at law of which other county courts 7ra„5fgj.j,f of other counties in this State have jurisdiction, now pend- suifs in ing in the county court of Orange, wherein the citizens of (.^.m-^; Alamance are both plaintiff and defendant, or where the cit- izens of Alamance are defendants; and all indictments and crin)inal proceedings against the citizens of Alamance coun- ty in the county courts of Orange, of which other county courts in this State have jurisdiction, shall be transferred to the county courts of Alamance, in tlie manner now provided for transferring suits from one county to another.
Sec. 9. Be it further enacted, Tiiat all suits in law or in equity now pending iu the superior courts of Orange, of wiiich the superior courts in this State have jurisdic- tion, and wherein both plaintiffs and defendants are citizens of Alamance, or wheiein the citizens of Alamance are de Transfer of
fendants, and the plainiiffs are not citizens of Orange '"".^ '" *°' ^ 'penorcoort
and all mdictmetits and criruuiai pmceeduigs against
the citizens of Alamance which sliall be pending in
the superior courts of Orange, and which are cognizable in
the superior courts of this Stale, shall be transferred from
the September term of Orange superior court to be held in
U COUNTIES. lS4g-'49
the year 1S49, to the superior court of A'amance county, in the same manner as is now prescribed by law for transferring suits from one county to another.
Sec. 10. Be it fiirllicr enacted, That within the said September term of Orange superior court, to be held m the o'^noel y^^"^ 1S49, the superior court of Orange shall have jurisdic- tion of all criminal offences cognizable only in tbe superior courts of this State, which shall be committed in said coun- ty of Alamance ; and in all such cases it shall be the duty of the justices of the peace of Alamance county, when they give judgments against the defendants in any State warrant for offences as aforesaid, to bind over the defendants and witnesses and mako their returns to the superior court of Orange county, as they were heretofore bound to do.
Sec. 11. Be ii further enacted, Thai all persons who ^ . may be liable to imprisonment under any process either
Prison.
■■ civil or criminal in Alamance county, before the completion
of the jail therein, shall be committed to the jail of Orange. Sec. 12. Be it fmiher enacted. That nothing in this act contained shall be so construed as to prohibit the sheriff of Orange from collecting such sum or sums of money as are due or may become due, on any judgment where the
Sheriff of execution shall come to his hands before the first term of
Orarjge
may collect the court of pleas and quarter sessions for the county of Al- amance ; nor shall it be construed so as to prohibit him from collecting any executions issuing from the superior court of Orange, and returnable to the same.
Sec. 13. Be it further enacted, That the sheriff cf Orange county shall colitinue to perform all duties pertain- ing to his office of sheriff in said county of Alamance, un- act in Aia. dcr the same liabilities and penalties, and shall receive the manee. same fees as heretofore provided by law, under the appoint- ment of sheriff of the county of Alamance.
Sec. 14. Be it Jurther enacted, That nothing in this
c. licet tax- '^ct is to be construed so as to prevent the sheritf ot Orange
*;«• from collecting all arrears of taxes in the same manner he
could have done previous to the creation of the county of
COUNTIES. lS48-'4<> 45
Alamance: Provided, nevertheless, that the sheriff ot O- rano-e shall not collect any tax in the county ot Alamance or of the citizens of said county, imposed by the county court of Orange, and which are to be collected in the year 1S49, but that the same be collected by the sheriff of Ala- mance, upon the tax duphcates of tire clerk of the county ot'^''°''^°- Oran2:e, to the use ot said county of Alamance, s'.ibject to the assessments of tax made by the county court of Ala- mance.
Sec. 15. Be it further enacted, That the county of Al- amance shall continue to be represented in the General As- sembly of tliis State in the name of the county of Orange, as heretofore; and the elections for members of the General Assembly, Members of Congress, ]']lectors of President and Yice President, and Governor, sli;;!! be held by the sheriff of Orange county, under the same lules, regulations and re- Kepresen. strictions OS hitherto; and the court ot pleas and quarter sessions for the county of Orange is hereby authorized and required to appoint inspectors for holding elections for mem- bers of the General Assembly, IMembers of Congress, Pres- ident and Vice President of the United States and Governor, as heretofore : Prorided, tliat all otlier elections shall be held ir. the county of Alamance in the same manner, and under the same rules and regulations as are now provided for holding elections in this State.
Sec. 16. Be it further enacted, Tl^at in the distribution — - of the net annual income of the Literary fund, the Literary Board shall pay over as heretofore to the chairman of the^p^Qoi board of superintendents of Orange, and be distributed byfu"tl« them as heretofore, until the next General Assembly.
Sec. 17. Be it further enacted, That all elections in Slid county of Alamance shall be held in the same manner and under the same rules and regulations as arc now j)rovi- ded by law, for holding elctions in other counties of this ^''^'^"°^'^' State.
Sec. 18. Be it further enacted, That the county of Alamance shall compose a part of the fourth judicial circuit,
46 COUNTIES. lS18-'49
Circait. and the judges and solicitor of said circuit shall attend said courts, under the same provisions and liabilities, and legu- lations, as cipply to the other counties of said circuit.
Sec. 19. Be it further enacted. That the Judge who shall ride the Fall circuit, in the year 1849, of the fourth judicial
master. Circuit of this State, shall appoint the cierk and master of the said county ol Alamance.
Sec. 20. Be it further enacted, That the county court of Alamance, at its first session, a majority of the justices of the peace beinjf present, shall appoint such number of com-
Com'ers to . ^ , j j
build c. h. mis?ioners as may be deemed necessary to contract lor and and jaii. superintend the building of a court house and jail for said qounty of Alamance.
Sec. 21. Be it further enacted, That all paupers, now in the poor house of Orange county, as well as all that are out on half pay, that come from said county of Alamance, be re- aiipers. ^^^j^g^j ^q ,}-jg gajd county of Alamance, on or before the first day of August, 1850; and that all moneys belongmg to tlie poor fund of Orange county be divided at the time that said paupers are returned among the several paupers thus to be divided between the counties of Orange and Alamance pro rata.
Sec 22, Be it further enacted, That it shall be the duty of the justices of the said county court of Orange, at the Febru- ary term thereof, 18-19, to order an election to be held
Election • , , / /-^ , ,
on division I'l^'o^S'^^L^'^ the present county or Orange, at the several e-
lection precincts heretofore established, on the third Thurs- day in April next, to take tiie sense ot the qualified voters of said county of Orange, on the question ot "division" or "no division." *
Sec. 2-3. Be it further enacted. That it shall also be the duty of the said county court, at the said February term 1849, to appoint judges and inspectors to hold and superin- tend said eleciiou at the several precincts aforesaid, who, af- ter taking an oaih, honestly, fairly, and impartially to dis- charge their dvAy, shall hold said election, and report the same to the sheriff of the county of Orange, underthe same
COUNTIES. 1848-'49 47
rulps, re:r"I>'itions, liabilities and restrictions as are now re-Ju'^?*^ «f
• • c Ice lion
quired by lau' in holding eleciions for members of the Gen- eral Assemblv'.
Sec. 21. Be if further enacted, That said election shall be held by ballot, those v">ting for division, putting in a ticket, on which shall be written "Division," and those votiiiij a-„
How to
gainst the same, a ticket on wliich shall be v/ritten "No di-vote, and
vision;" and that every free while citizen of said counlv, '^,"'^.,ti^ ' - ' slierui.
qualified to votefor members of the House of Commons in said lounty, shall be allowed to vote at said election.
Sec, 25. Be it further enacted. That it shall be the duty of the sheriff of the present county of Oranafe, on the result of said election beins" returned to him, to proclaim the same on the nest day, at the court hoitse door on or h/-fore 3 o'clock P.M.,; and in case a majority of the qualified voters of "2)^!^^^ said county be found to be in favor of division, it shall be the duty of the said sheriff to certify the same to the Gov- ernor of the State; and- on its appeariii^ to the Governor from said certificate that there is a majority of the qualified voters in said county of Oran«-e in favor o^ the division proposed by the act to Vv'hich this act is supplemental, then and in that case the Governor shall make that fact known by pro- clamation; upon which this act and the act passed at this General Assembly, to v/hich this Act is supplemental, shali be operative and take efi:ect; otherwise, both of said acts shali be null and void.
Sec. 26. Be it further enacted, That the sheriff of Orange county shall be entitled to the same compensation, for male- ^^''''^'^''* ing the return of the result of said election to the Governor ^^'' that he is now by law allowed for making the return of the election o^ members of the General Assembly, and shall re- turn the same to the Governor within five days from and af- ter the day of election.
Sec. 27. Be it further enacted, That Edward Benson be ap- pointed on the part of Alamance county, and Freeman Walk- er be appointed on the part of Orange county, surveyors, to run and mark the dividing line between the counties of Or-
m COUNTIES. lS43-'4^
Surveyors, ange and Alamance; and that they enter upon the discharge of this duty immediately upon its being ascertained and pro- claimed, by the proclamation of the Governor aforesaid, that a majority of the qualified voters of the present county of (>?an2:e are in favor of the division proposed by the act to which this is supplemental, or as soon thereafter as may be practicable.
Sec. 28. Be it ficrther enacted, That should a majority of the
qualified voters of the present county of Orange vote against
the division passed by the act to which this act is supplemen-
ta'l, nothino;iri this act contained is intended, or shall becon-
,. . strued as an expression of the opinion of this General As--
If no divis- "
ioo. sembly that the present county of Orange ought not hereaf-
ter to be divided Dpon the application of a majority of the qualified voters of the connty of Orange, residing west of the proposed dividma: line.
Sec. 29. Be it jv.rilier enacted. That this act shall be in force from and after its ratification.
[Ratified 29ih day of Tanuary, 1849.]
CHAPTER XVI.
AN ACT to attach a portion of Yancy County to the Coun- ty of Buncombe.
Sec. 1. Beit enacled hij the Genn-al Assenibly of the Slate of Norrh Carolina, audit ishereiy enacted hi/ the aiilhor- ii\\ of the same, That all of that portion of the county of Yancy in the vicinity of Burnett's StatioiT, beginning at a Part at- point one mile east of said Station, and rnnningwith the top of the mountain to the top of the main Walnut mountains; then with the top of the said mountain to the. Hopewell Gap, at the old Ailin road: then with the line of the counties
COUNTIES. 1S4S-49 43
of Yancv and Buncombe, to a point due south from the be- Part at-
• • I n 1 J I tached.
ginning; thence north to the beginning; snail he, ana the
some is hereby attached to and made part of the county of Buncombe; and the inhabitants thereof shall be subject to nil the duties and liabilities, and entitled to all the rights and privileges of ether citizens of the county of Bi.ncombe.
Sec. 2. Be it further enacted,' That justices of the peace and justices militia officers residintr in said territorv. shall continue in »"'^ '"''"•^* their respective offices, with the same powers and duties as like officers, appointed for the county of Buncombe.
Sec. 3. Be it further enacted. That the portion of the common school fund for the county of Yancey, to which the portion of the county hereby cut off, is entitled, shall be Y^T^\ transferred to the county of Buncombe ; and the country hereby attaclied to Buncombe shall form a school district iti said county, r.ntil otherwise provided, and shall be attached to the Sl^vd regiment of North Carolina militia.
Sec. 4. Be it further enacted. That the clerk of the county Taxable court of Yancey county shall transmit to the clerit of the^"^"^ county court of Buncombe county a correct statement of the returns and assessment of tax-able property within the country hereby attached to Buncombe, which shall be filed with the returns and assessments mads for Buncomho coun- ty, and sliall be proceeded on in collecting and applying the taxes as by law required in cases where the returns and as- sessments were originally made for said county of Bun- combe,
Sec. 5. Be it further enacted. That it shall be the duty of the court of pleas and quarter sessions for each of the coun- ties of Buncombe and Yancey to appoint one commissioner, „
' ■ Comtnis-
whose duty it shall be to meet, and run, and mark the line sioner to herein established, and that they unite in their report and ''"'^ ''"^' return a copy thereof to each of said courLs, to be filed with the records thereof.
[Uatified 29th January, 1S40.]
59 COUNTIES. i848-'49
CHAPTER XVII.
AN ACT to amend the act establishing the county of Al- exander.
SECTION'
1 fart of Caldwell attached to Alexander*
See. 1. Be it enacted by the General Assembly of the State of North Carolina, <ind it is hereby enacted by the authority of the same, That all that portion of Caldwell county com- prised within the following boundary, viz: Beginning at ths mouth of upper Little river and running up the mean- ders of said river, to the dividing line between George Ben- field and Bable Payne ; thence a direct line to where the present Caldwell line crosses the Love Lady road, and thence with said line to the Catawba liver, and up the said river to the beginning, be, and the same is hereby anne.xed to and shall form a part of the county of Alexander.
Sec. 2. Be it further enacted, That all laws and clau- ses of laws coming within the meaninof and purview of this act, be, and the same are hereby, repealed.
[Ratified 29th day of January, 1849.]
CHAPTER XVIII.
AN ACT to repeal the act of 1846-'7, entitled ''An Act to lay off and establish the county of Polk."
Sec. 1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the act passed at the session of the General ksr-
COUNTIES. 1848-'49
sembly of lS46-'7, entitled "An Act to lay off and estab- lish a county by the name of Polk," be, and the same is, hereby, repealed.
Sec. 2. Be il furihtr enacted, That this act shall be in force from and after its ratification.
[Read three times and ratified in General Assembly, this i6th day of January, IS 19. J
Cedes to
CHAPTER XIX.
AN ACT supplemental to an act, passed at the present ses- sion of the General Assembly, repealing the law estab- lishing a county by the name of Polk.
Sec. 1. Be it enacted hy the General Assemhly of the Stale of J^ovth Carolina, and it is hereby enacted hy the Ry'^i^e/." authority of the same. That all that portion of the county ford, of Polk which was taken from the county of Rutlierford be, and the same is hereby ceded back to said county of Ruth- erford.
Sec. 2. Be it further enacted. That all that portion of the county of Polk, which was taken from the county of Hen- C'edes to derson, be, and the same is hereby, ceded back to said coun- son. ty of Henderson.
Sec. 3. Be it further enacted. That the clerk of the supe- rior court of the County of Polk be, and he is hereby, re- quired to make out a transcript of all the suits or cases on his docket, both civil and criminal, and deliver all such trans- I*"*y "f
I -I 1.11 .• I • ■ ,\ . .■ clerk of su-
scripis where eith.M' or both the parties live ni that portion p^rior of the county of Polk which was taken from the county otpoun to Rutherford, and deliver the same, with all the original pa- scripts &® pers relating to said transcripts, and all the records and dock- ets belonging to his oOice, lo tlie clerk of the superior court
52 COUNTIES. 184S-'49
of Rutherford comity. And the said superior court clerk of Polk county is further required to deliver to the clerk qf the superior court of Henderson county a transcript of all ^uits or cases where the parties live in that portion of the county of Polk which was taken from the county of Flen- dersen, with ail the orioinal papers relating to said transcript. Sec. 4. Be it further enacted, 'i'hat the clerk of the court Cirrk of ^^ ph^^TS and quarter sessions of the county of Polk be, and corniy he is hereby required to make out a transcript of all the make "^ Euits cr cases on his docket, boih civil and criminal, where transcripts, the Interva^ntion of a jury moy be necessary, and deliver all such transcripts, where eiiher or bo;h of the parties live in that portion of the county of Polk which was taken from the county of Rutherford, with all tiie original papers rela- ting to said transcripts, to the clerk of the superior court of Rutherford county. And the said clerk of the court of pleas and quarter sessions of Polk county is further re- quired to deliver to the clerk of the superior court of Hen- derson county, a transcript of all suits or cases where the intervention of a jury may be necessary, where the parties live in that portion of the county of Polk which was taken irom the conrsty o{ Flenderson, with all the original papers relatino- to said transcript, to the clerk of the superior court of Plendersou county.
Sec. 5. Be it further enacted. That the aforesai^d clerk of the court of pleas and quarter sessions of the county of Polk County ^^j ^^^ ^^^ ^^ hereby, required to deliver to the cieik of the eourt dock- court of pleas and quarter sessions of Rutherford county, all the court dockets belonging to his ?aid ofiice, with all other documents and papers belonging; to the same, except such as are provided for in the fourth section of this act. ^
Sec. G. Be it further enacted, That the clerk and master in V clerk and equity of said courity of Polk be, and he is hereby required * duty. to deliver over to the clerk and master in equity of the county
of Rutherford all books, records, documents and papers rela- ting: or belonging to his said ofiice.
Sec. 7. Beit fin-:''-:r exacted. That the sheriff of the couu-
COUNTIES. 1838-40 12
ty of Polk be, and he is hereby, required to deliver to the sheriff of Rutherford county, all the office or court papers in his hands, wliere the defeiKlants live in that portion of Polk couritv whicii was taken from the countv of Rutherford. ^^^'^" '^
duly.
And he is hereby farther required to deliver to t!ie sheriff ot the county of Henderson all the office or court papers in his hands, where the defendants live in that portion ol Polk coun- ty which was taken from the county of Henderson.
Sec. 8. He it further enacted, That the county trustee of of Polk county be, and he is hereby, required to deliver o- ver to the county trustee of the county of Rutherford, all money:, books and papers relating to liis office as trustee; Duty of
and that the county court of Rutherford be authorized to ^'^""'y
irustee. pay all chums allowed by the justices of the county of Polk,
and settle all county claims against s.-iiu county.
Sec. 9. Be it farther enacted, TlKit the countv rei^ister of
Polk countv be, and he is hereby required to deliver to the , °
register of Rutherford county, all books, records, deeds or
other jiapers in his possession, as register.
Sec 10. -Be it further enacted, That the entrv taker of the
r T^ •< t 11-5 1 T ^ 1 ,• Entry ta-
county of PoIk l-e, and he is hereby, directed to deliver to ter.
the entry taker of Rutherford county nil books and records
in his possession as entry taker.
Sec- 11. Be it farther enacted. That the acting justices of the peace, who reside in that portion o( the county ot Polk which was taken from the county of Rutherford be, and they are hereby constituted acting justices of the peace in and for the county of Rutherford. Atid all the acting jus- tices of the peace who reside in that portion of the county of Polk which was taken from the county of Henderson be, and they are hereby, constituted acting justices of the peace in and for the county of Henderson.
Sec. 12. Be it further enacted, Tliat all persons liable to do military duly in that portion of Polk county which was ta- M'^itia. ken from the county of R.ntherford, are hereby required to muster, r.nd perform all other public duty in the county of Rutherford. And all persons liable to do military duty iu
54 COUNTIES. lS48-'49
that portion of Polk county, wliich was taken from the coun- ty of Henderson, are hereby required to muster and perform all other public duties in the county of Henderson. Voters. Sec. 13. Be it further enacted. That all voters who live
in that portion of Polk county, which was taken from the county of Rutherford, in all elections hereafter held, shall bo required to exercise their elective franchise in the county of Rutherford. And all voters who live in that portion of Polk county which was taken from the county of Hender- son, in all elections hereafter held, shall be required to ex- ercise their elective franchise in the county of Henderson. ' Sec. 14. Be it further enacted. That the chairman of the fund. board of superintendents for common schools of Polk coun- ty, be directed to pay to the superintendent of common schools of Rutherford county, three fourths of the money in his hands, and one fourth to the superintendent of com- mon schools of Henderson county. Clerk's Sec. 15. Be it farther enacted. That the clerks ot the su-
V^'^^^^- perior and county courts of the counties of Rutherford and Henderson shall have the same power and autliority over all the records, documents and papers, which are hereby requi- red to be transferred to their office'?, by the clerks of the su- perior and county courts of Polk county, as if such records, documents and papers had heretolore belonged to the offi- ces of the county and superior court clerks of the counties of Rutherford and Henderson ; and the said clerks, of the county and superior courts of Rutherford and Henderson are hereby required to enter all causes of trial and other matters ol record, upon their respective dockets, strictly ob- serving the order and number of the same. Officers' ^^^- ^^' Beit further enacted. That the officers required to
duties and perform their respective duties in the 3, 4, 5, 6, 7, 8, 9, 10 pena les ^^^ ^^^^ Sections of thits act, shall he alloived until the first day of March upxt to perform the same, and in case of fail- ure on the part of either of the aforesaid officers to comply with the provisions of this act, such officer t;o failing toper- form the duty hereby required of him, shall, for such neg-
COUNTIES. lS48-'^49 55
lect of his duty, forfeit .-ind pay the snm of five hiindrpd dollars, to be sued lor and recovered, by action of debt, by the prosecuting attorney for tiie State, in either the county or superior courts of the counties of Rutherford or Hender- son ; the money to be appHed to the use of the county su- ing tor the same.
Sec. 17. Be it further enacted, That all laws and i-laiiaes of laws coming in conflict with the provisions of this act, be, and the same are hereby, repealed.
Sec. 18. Be it further enacted, That this act shall be in force from and after its ratification.
[Ratified 26ih day of January, 1849.]
CHAPTER XX.
AN ACT to amend an act, passed at the last session of tlie General Assembly, entitled " An Act to lay off and estab- lish a new county by the name of Alexander.
Section
1. Provides for commissioners to mark and establish the dividing line be- tween Iredell and Alexander.
Sec. 1. Be it enacted by the G'.neral Asstmhhj of the State of North Carolina, and it is hereby enacted by the authority of the same, That the county court of Iredell shall appoint one commissioner, and the county court of Al- exander another commissioner, whose duty it sh.all be to run, if necessary, mark and establish the boundary line be- tween the counties of Iredell and Alexander; and the said commissioners shall be entitled to a compensation of one dollar and fifty cents per day, for every day they may be necesssarily engaged in the same, to be allowed by their re- spective courts and paid as other county claims are now paid.
r>f> COUNTIES. 1S48-'.19-
Corns, to Sec. 2. Be U farther enacted, That said cominissionors ^' ' shall be and they are hereby required to make a full report, un- der their hands and seals, ot'their proceedings; acopyof which report shall be l)y them returned to the county court of their lespective counties, to be filed amona^ their records.
Sec. 3. Be it further enacted, That this act shall be in force from and after its ratification.
fRatified the 29'tli day of Janaary, IS'49.1
CHAPTER XXL
AN ACT to amend an act supplemental to an act, passed cit the session of one thousand, eight hundred and forty two and three, entitled ''An Act to lay off and establish a county by ths name of McDowell."
•SevTIOJT
1. Thai portion taken from Rutherford to be represented with the portion taken from 13urke.
Sec. 1. Be it enacted hj/ the General tRssemhlij of the Stale ojA'arlh Carolina, and it is herehij enacted by the . authoritij of the ,samc, 'Tlv^t in future, that portion of the senieJ.' coiuityof McDowell which heretofore constituted'a part of the county of Rutherford, shall be represented in the Gene-- ral Assembly of tliis State with that portion of the said coun- ty of McDowell which heretofore constituted a part of the county of Burke ; and that in all elections hereafter to be held in t'lis State, (he same shall, in every particular, in that portion ol (he s;iid county of McDowell heretofore take^ from the said cotthty ot Rutherford, be held in the same manner, and under thi> same rules, regulations and restric- tions, as thi! said elections are directei to be held in that por- tion of the said county of McDowell heretofore taken from
the said county of Barke, by the sixteenth section of the act, prissed at the session of lS42and lS-13, entitled "an act s'lp- plemental to an act entitled 'an act to lay ofTand establisli a county by tiie name of McDowclL' "
Sec, £. ^/IiKi be if further e'Utc'-cd, That all laws and riaiisrf of laws coming in conflict wiili the meanioirand purview of tliis act, be, and the same are hereby repealed.
[Read three times and ratified in. General Assembly IhU Ifjlh day of January, 1S49.J
CHARTER XXII.
AN ACT to revive and amend the seventh section of aij net, supplemental to an act passed by the General Assem- bly in the year 1842, entitled "An Act to lay off and es- tablish a new county of the name of Catawba."
S^c. 1. Be il enacted by the General ^li^seml'li/ of the Sfatt of y 01-th Carolina, and it is hereby enaeled by the authority of (he same. Tiiat the sevenih sectioii of such act be so rexived and nmcnded, as to [,rovide for the appointment of the foilowinjj commissioners, viz : George D. Wilkey, William P. Reind- iiart, Dr. Wm. J. Gnnter, Henry Harmon and George Little, who shall be empowered, niter appropriotincr the lot upon iviiiclj the male Academy now stands in the town of Newton, in tlie said county of Catawba, to the purposes of educniion and ihe other lot in the said town for an estahlishn.icnt of a female acadcnjy, to sell the remaining lots in the said town of Newion, (after givina" thirty days notice,) which are un- sold, and to appropriate the proceeds of such sales to the use of the said county of Catawba.
Spr. 2. Be it further enacted. That all Uwg lod clauttMt o(
8
d8 COUNTIES. 1848-'49
laws coming within the meaning and purview of this act, be, and the same are hereby repealed.
[Read three times and ratified in General Assembly this IGih day of January, 1S19.]
CHAPTER XXIII.
AN ACT for dividing the County of Stokes.
Whereas the extent and peculiar situation of the coun^ ty of Stokes render it desirable, with a large majority of its inhabitants, to have the same divided:
Sec. 1. Be it enacted by the General dssemhiy of the State of
North Caro ina, and it is hereby enacted by tlie authority oj the
same, That fiom and aficr the passing of this acl, the county of
Division Stokes shall he divided into two distinct counties, by a line
iui«. beginning at the South West corner of Rockiuiiham county,
and running thence West to the Surry county line.
Sec. 2. Mnd be it further enacted. That all ihat part of the said county, lying North oisaid line, shall be erected uito a Names of distinct couuty by the name of Stokes county; and all that couniiea. ^^^^ lying South of said line, shall be erected into another distinct county by the name of Forsyth county, in honor of the memory of Col. Benjnmin Forsyth, a native of Stokes county, who fell on the Northern frontierj in the late waj ■with England.
[Eatified I6th January, 1849.]
COUNTIES. 1S4S--19 §}
CHAPTER XXir.
AN ACT supplemental to an act, passed at tha present General Assembly, entitled " An Act to divide the couil'. ly of titokes into two distinct counties."
Section'
1 Rights with P.-hich county is invented.
2 Appoints commmissioners to run dividing line.
3 Appoints commmissioners to locale seat of ju»lic».
4 1 itie to land, to whom made.
6 and 6 Debt, how apportioned, and erect'on of buildings. T Provision as to wh^t number of comm asioners mny act. 8 and 9 Provisions respecting paupers and representation, 10, 1 1 and 12 Provisions relative to justices, militia and other ofiSeCT9».
13 Relative to public records.
14 and 15 County courts.
16 Imprisonments.
17 Provides for transfer of sui's in cc art. 18, 19, '20 Superior courts and circuit.
21 Superior court of Guilford, when held.
22 and 23, relative to enforcing law, and designating records of Stokw.
Sec. i. Be it enacted by the General ^ssemlly of the Stale of Norlh Cvrolina, and it is her?by enacted by the authority of the same, Tlint the counties of Forsyth atid Siokes shall be, and Right*, they are hereby respectively invested with all the rights, privileges and immunities of the other counties of tliis State.
8ec. 2. Be it fnrthej enacted. That Caleb Jones. Frrdeixk C, Minnng and John Banner, be, and *lhoy are hereby, ap- pointed commissioners, and are emi"0\vercd and reqtii. red to run the line, dividing the new county of Stokes from the county of Forsyth, afjreeabjy to the din'ciioiis of said art ; and when said conunissinners, or a ma- ^""""'^rs
to ru:» line* joniy ol them, shall liave run and marked said line, they
shall make a report, in wriiiiig, of the principal laudmaiks
designaiii'g: the same, to the county court of each (;f said
counties, where such report shall be duly entered of record;
and the said line bhall be deemed and taken as the dividing
line between said countigs. The expense of running tsaid
line shall be defrayed, one half by the couniy of SD>ke3 and one half by the county of Forsyth : Provided, lioicevcr, in nmnirig snid dividioi.^ line, it siial! be liie duty of said com- missioners to run the line near Gc-rmanton, so as to Inave the court house and public building'^ in the county of Siokes, find that tiiey shall be tlie property of said county and sub- jert to sir:h disposition as the county court of said county may make of them.
Sec. 3. Be it further enacted. That Alexander Kinj:, Wiljiatn C. Moore, James Byerson, John Banner and Stephen Smith, be, and th^y are hereby appointed con)missioners for th« county of Stokes, and Zadock Stafford, Johu St^ilTord, Hen- ly A. Lemiey, Leonard Conrad atid Francis Fries, be, and they are hereby appointed cornmissietTjers for the county of Forsyth, whose dirty it shall be to select and determine suit- C<^mmer« able sites for permanent seats of iustice in their respentivo c. ^, !5nd counties ; to pu^'chase, or receive by donation, tracts of land w°^ on wjiich to erect the necessary public buildinjrs; to lay off the residue, not used for public purposes, in streets and town lots ; to sell such lots at pulilic Jiuction to the hi^ihest bid- der, on a credit of uue and two years ; to cause bonds with good security to i)c executed and' delivered to the chairman o! the couniy court of each of said counties respectively, and his successors, for the amount realized at such sale. Provided, hoicever, it shall be the duty of said commission- ers to purchase (or and at each court hcuce not less than thir- ty acres of land.
Sec, 4. Jlnd be it fiirther enacted. That the title of the said tracts of larrd obtained by said commissioners, shall be made to the chairman of the county court of county in which such land is situated and his successors in office, and by hiu) to the person or persons purchasir.g from said commis- sioners, apponiun- feec. 5, Jjc it jurtuer enactcd, i hat said t^ n commissioners, ''*^' or a majority of them, shall apportion any dabt wliich may
be due from the original county between t.ie two new coun- ties, in sucli manner cis to Jhem or a rasjcrity ot them shaTl ^ees\ lus? and equitnblo.
tuWQ.
TiiW
!^>c. 6. ^e u furlher enacted, Thai said commissioners, in Krccion Ihcir respective counties, shall cause to be erected the ne-^^JJ^|"'«' cpss.ii-y public buildiniTJ^, nccordinp: to such plans, in such njaitncr, and on sncli terms, as (hey, or a majorily of them, hny consider n.ost conducive to the public good; provided the cost of ereciinii: such buildings does not exceed the a- mount to be determined on by the respective county courts.
Sec. 7". In case of any of the commissioners above ap- pointed should refuse, or iti any way be prevented from aid- ing in the dischrtrsre of the duties by this act imposed, then
" . . / , t Num^'T of
the acts of the remainder of said conmiissioners (there "ot^^^^^,^^^
bemi,' less than three actisig in either of the respective to act. couniies) shall be as valid as thougli all had participated.
Sec. 8. Beltfiirthtr cnnrfcd. That all paupers ori^rinallv from th;it part tjow composing tlie ^coutity of Stokes shall be triinslVircd to the v/ardensnf said county of Stokes; and pjup^^ all paupers originally from that part now composing the county of Forsyth, shall be transferred to the wardens of said county of Forsyth.
Sec. 9. lie it further enacfed, That the counties of For?ylh and Stokes sliall continue to be represented in the General Assembly of this State as one county, in the name of the county of Stokes, until a future Legislature shall otherwise provide and direct ; and until such provision is made, all Hu^rr-pre; elections shall be jiel 1 for Governor of the State, members of both houses of the General Assembly,, and of Congress, and Fleciors for President and Yice President of the United Spates by tjie sheritT or other returning oflioers of Stokes county, in all llie territory comprebiendcd in the limits of the counties of Stoke.-; and Forsylh, at the timetj and places, and under the same rules, regulations at)d restrictions, as have been appointed or may hereafter be appointed by law; and the certificate of said sheriff or returning ofliccr, to the result of Said election or elections shall be as valid and et- foctuai, to all intents and purposes, as if the act to divide the county of Stokes had never been passed.
Sec. JO. BcU f'J.rl'itr e-nrirte.d, Thnt all the jiiKlices of the
COUNTIES.
lS'iS-'49
peace and officers of the militia who reside within the res- pective counties of Stokes and Forsyth, shall continue to hold and exercise nil the official powers and authorities iii jnstices ^"^ ^o"" ^^^^ Counties in which they reside, as fully as they nn<\ militia have hitherto held and exercised in the original county of Stokes.
Sec, ii. I]e it further enacted. That the clerk of the couhty courtj clerk of the superior court, the clerk and master of the court of equity, the sheriiT and coroner, register and sur- veyor, and all the constablts of the original county of Stokes Other offi-'^^^'^'^ hold their respective offices and perform all duties Beis. appertaitiing thereto, in and for the county in which their
residence is situated, at the time this act is ratilied, and so continue to do until the time for which they have been e- lected or appointed shall have expired, under the same rules, regulations and penalties, as they would have been subject to in case the act to divide the county of Stokes had njt been passed.
Sec. 12, J3e if further enacted. That the sheriff of the o- riginal county of Stokes shall have power to collect such sums of money as are due or may become due on any jndg- ment before (he first county court in either of said new counties of Stokes or Forsyth, and he shall pay such sums of money so collected to the proper officer in the county in which such money shall have been collected ; and furiherj said sheriff shall have power to collect all arrears of taxes due him in both said counties.
Sec. 13. Be it further enacted. That all public records and documents of the old county of Stokes, shall remain in Care of the respective officers who now have charge of them, un- til otherwise ordered by the courts of the respective counties in which such officers reside. This section shall not be so Public re- construed as to prevent the said officers from transferring the papers iu castas novv pending in different courts in Stokes county as heieinafter directed.
Sec, 14. Be ii further enacted. That a court of pleas and quarter ssssious shall be, and the same is hereby established
■eheriff.
eords'
.*■'
COUNTIES. 1848-'40 63
in and for the said county of Stokes, to be held by the justi- ces pppoHited in the tcmlh section of this act, and such oth- ers as may hereafter be appointed for said county, on the second Mondays of March, June, September, and Decem- ber in each and every year; the first session of which siiall be held at Germapton, on the second Monday of March next,^^^."^^ when and where such court shall appoint all the necessary ^^oliea. court officers not kepi in office under the eleventh section of this act; Provided, however, that the county court of Stokes, a majority of the justices being present, shall have power to determine at what lime the new court house and jail for said county shall be built, and at what time the holding of the county and superior courts shall be removed (o the place desi2:nated by the commisssioners herein appointed for that purpose.
Sec. 15. Beit further enacted. That a court of pleas and qj;arter sessions shall be, and the same is hereby establish- ed in and for the county of Forsyth, lo be held by the justi- q^^^.^ ces appointed in the tenth seciion of this act and such oih- court of ers as may be hereafter appointed, in and far said county, on f'>f*i"^"- the third Mondays in March, June, September and Decem- ber, in each and every year; the first session of which shall be held on the third Monday in March next, in the town Hall at Salem, when and where the court aforesaid shall appoint the necessary court officers not kept in office under the eleventh section of tins act; and said cowrt at its first session may appoint the place of its future sessions, until a court iiouse shall have been erected fur said county. After the erection of a court lionse, the courts of said county shall be held in the same.
Sec. 16. Be it further enacted, Tliat ^U persons who may be liabltj to imprisonment, under any process either civil or criminal, in either of said counties, before the completion
tmpiison^
of their respective jails, may be committed to the old jail oi luente. the original county of Stokes, or to the jail of any ndjoining county, in like manner as wlien a jai! has been destroyed by ^ atjcident.
m COUNTIES. 1843-'4I)
Sec. 17. Be it further eitadcii, Thai ail cases penuing in the county court ot the original county of Stokes, in whicli either of the parties defendant or the ex parte petitioners live in the county of Forsyth, and all indictments ngninst any of its citi^ijns, shall be transferred to the county court of For- eourtcasey.syth county. And all cas3s not included in tlie above shall transferor j^^, transferred to the county court of Stokes county : Provi- ded, that in cases when neither of tljC defendants live in either of said counties, the ca>=!G shall be removed to the court of either county as tlie plaintiff may desire. And the clerk who has charge of the records of the orio;inal county of Stokes by the thirteenth section ot this act, shall nialcB out a regvdar transcript of all cases, to be removed from his» docket by tliis section, and deliver all the peipers, in such cases, to the court to w'lich they are to be removed, in lik« jnanner as nov/ provided for transferring suits from one county to another. The said clerk shall deliver all said transcripts and papers to the court to which they are to ha removed, on the first day of its first term. And further, tho said clerk shall, at the same time, deliver to the county courts of the respective counties of Stokes and Forsyth the tax lists of tiie year one thousand eiglit hundred and forty eight, which he has received from the precincts of the respective counties.
Sec. 18. Be it fi(rlhcr enacUd, That tliere shsll be a suporinr court of law, and a court of equity opened and held for tho county of Forsyth, on second Monday after the fourth Mou- iiipcrior day in March and September in each and every year; and eourt for jj^^t there shall he a superior court of law and a court of eqtii- jiDd''ituke3ty opened and held for the county of Stokes, on the third Monday after the fourth Monday in March and SeptemI er in each and every year; which courts shall have the sfuno jurisdiction that corresponding courts in the several coun- ties of this State uov" have and exercise. The first term of 5ftid courts for the county of Forsyth shall be opened and feeld on the second Mofidiy after the fourth Monday of
COUNTIES. lS4S-'49 «5
March next; and the Urst term for the county of Stokes, shall
be opened and held on the third Monday after the fourth
Monday of March next, at that place in each county which
Arill have been selected by the county court of such county
as the place of its future sessions. At the first term of said
courts in both counties the judge shall appoint the necessary
court officers not appointed by the eleventh section of this ^
act.
Sec. 19. Be it further enacted, That the counties of For- syth and Stokes shall constitute a part of the fourth Cireuit. circuit, and the solicitor v/ho shall attend tho superior courts of said counties shall be entitled to the same pay for his services that he is entitled to receive lor attending tho other courts on his circuit.
Sec. 20. Be it further enacted, 1 hat all cases pending; in the supeiinr court of law and the court of equity of the original county of Stokes in which either of the plaintiiTs or either ot the petitioners reside in the county of Forsyth, Superior and when neither ol the plaintiffs live in either ot said coun-^°"'''5**®?'
iran* ter of.
ties, but one ofthe defendants lives in the county of For- syth; and all indictments aofainst any of its citizens, shall be removed to the respective courts in the county of Forsyth. The cases not above stated shall be removed to the new county of Stokes : Provided^ the cases v.'-here neither ofthe parlies live in either oi" said counties, j-hall be removed at the option of the plaintiffs. .And the clerk and clerk or masters having charge of the docloits and papers shall transfer the cases to be removed from his docket in the sama maimer tiiat is now provided for removing cases from one county (0 another.
Sec. 21. Be it further enacted, That the superior court of law and equity in and for the county of Guilford shall here- ,.
■' •' bupenor
after comuicnce and be held on the lourth Monday after iheii.iutof fourth Monday in March and September, in each and every "'"•"^°'**" year.
Sec. 22, Be it further enacted. That up and until the time of holding the fir; t court of pleas and quarter sessions f»r
9
m COUNTIES. 184S-'49
Law enfbr- the County of Forsyth, both the civil and criminal law shall ^^ ' be enforced; and the several officers therein shall issue all
civil State process throughout that portion of county of
Stokes as heretofore.
Sec. 23. Be it farther enucted^ That the records of the pres- Records of^"'' ^^'^"ii^y of Stokes shall belong to ilje county of Stokes, Stokes. except that part thereof in this act required to be removed
to the county ot Forsyth.
[Ratified 27th day of Jaiuiary, 1849.]
^' CHAPTER XXV.
AN ACT to lay off and establish a new county by the name of Watauga.
Sec. 1. Be it enacted by the General Assembly of the &tate of North Carolina, and it is hereby enacted by the authority of the same, That a county be, and is hereby, laid off and established by the name of Watauga, to be com- posed of parts of the counties of Ashe, Wilkes, Caldwell and Yancy, beginning at the State line in Lemuel Wilson's plantation, and running with the State line in Northern di- rection two miles; thence running as near as may be, in a direst line, (so as to leave Thomas Sutherland in the coun- Linehowr ty of Ashcj to the top of the Big Bald mountain ; thence to the mouth of Elk creek, on the So^Uh fork of New river; thence down the river to the mouth of a creek that runs through Samuel Cooper's plantation ; thence to the Deep Gap of the Bine Kids^e ; thence along the dividing ridge between the v.'aters of Stoney fork and Lewis's fork waters of the Yadkin river, to where the road leading from Wilkes- boro' to the Deep Gap, crosses the top of the Laurel Spur; thence to Elk creek at the Widow Hampton's ; thence to
COUNTIES, 1S4S-'49 67
the top of the White Rock monntain ; thence to the top of the Blue Ridge at the nearest point to the Yadkin Spring ; thence along the extreme height of the Blue Ridge to the top of the Grand mother mountain; thence with the line of Burke county to the corner of McDowell county ; thence to the State lii:e where it crosses the Yellow mountain; thence with the State line to the beginning.
Sec. 2. Be it further enacted, That Charles H, Dough- ten and Reuben Mast, be, and they are fjereby appointed, commissioners, whose duty it shall be to survey and mark
out the aforesaid line as above described ; and that the ex-^°"^'f^" '■*
run line,
penses of the above survey shall be paid, respectively, one half by the county of Ashe, and the other half by the coun- ty of Watauga.
Sec. 3. Be it further enacted. That the said county of Wa- tauga shall be invested with all the rights, privileges arid im- Rights, munities of the other counties in this State.
[Ratified 27th day of January, 1S49.J
CHAPTER XXVI.
AN ACT supplemental to an act, passed at the present ses- sion of the GenerahAssembly, laying off and establishing the county of Watauga.
SECTro:^
1 Rights ami privileges with which counties nte investct?.
2 and 3 Justices, mihtia officers and consiahies continued m offics.
4 Representation, and manner of conducting elections.
5 Provides for counly courts and appointment of county ofTicers.
6 Provides for tiansfer of suits.
7 Tribunal for criminal offences.
8 and 9 Provide for imprisonment and issuing process against citizens of
Watauga.
it COUNTIES. 184S-'49
10 and 11 Commisslonars to locate scat of justice, when to meet, and compensation.
12 Commissioners^to lay off town, ^c.
13 and 14 Provisions coMcerning taxes.
Sec. 1. Be it enacted by the General Assembly of the Stats of North Carolina^ and it is hereby enacted by the authority of the scmie^ That the county of Watauga shall be, and is hereby, invested with all tlie rio^hts, privi-
Bisrh?*. ^egesand immunities of the other counties in this State, ex- cept as is hereafter provided,
iSec. 2. I- e it further enacted. That all the justices of the peace and officers of the niilitia wiio reside within the lira- its of the county of Watauga, shall continue to hold and exercise all the ofiicial powers and authority, in and for said county, that they have hitherto held and exercised in and
and militia for the counties of Ashe, Wilkes, Caldwell and Yancy re-
efficers. gpectively.
Sec. 3. Be it farther enacted, That the constables now residing in the county of Watauga shall continue to hold their offices and perform all duties appertainins: thereto, until the first county court to be held for said county, un- *"**"''®^* der the same rules, regulations and penalties as constables are subject to in other counties in this State.
Sec 4. Beit further enacted, That the counties of Ashe, Wilkes, Caldwell and Yancy shall continue to be repre- sented in the General Assembly as they have (heretofore been ; and that all qualified voters taken from said counties of Ashe, Wilkes, Caldwell 'and Yancy shall continue to vote with the counties to which they heretofore belonged, until a future Legislature shall otherv/ise provide and di- rect. And elections shall be held, until the first session of the General Assembly which shall be had hereafter for
tatfoT^'^ membeis of both houses of the General Ass'-'mbly, and of Congress by tii;^ Sheriff or other returning oixice.s of Ashe, Wilkes, Caldv/eil afid Yancy counties, in all the territory heretofore comprehended in said counties, at the times and places, and under die same rules, regulations and restrictions,
COUNTIES. 18-18- '49 C9
^s have been made or hereafter may be made by law ; and the certificates of said shenifs or other reiurning officers to llie result of said election or elections, shall be as vnlid and efleclual, to all intents and purposes, as if the act laying off and establishing the county of Watauga had never been passed.
Sec. 5. Be it fnrlher enacted, That a court ot pleas and quarter sessions shall be held, and the same is hereby established in and for the county of Watituga, to he held by the instices for said county, on the third Monday of Febru- ary, May, August and iXorember; the first session of which shall he held at the house of Jordan Council, on the third Monday of May next, when the court aforesaid, a m^^^j'^rity ^^tTnJ of the justices of said county being present, shall elect a couivy of- clerk, a skeritf, a coroner, a re,2;i^ter, an entry taker, a sur- ''^'="'^- veyor, constables and all other oL'icersfor said county, who shall enter into bond as required by law, and shall hold and continue in said offices until successors to them arc duly chosen and qualified according to the acts of the General Assembly in such cases provided. And the said court, at its first session aforesaid, may appoint, the place of its future sessions, until a court house shall be erected for said county. Sec. 6. Be it further enacted, Tliat the court of pleas and quarter sessions established by this act, shall possess and exercise the same power, authority and jurisdiction as is possessed and exercised by other county courts in this State, and shall have exclusive jurisdiction of all crimes 'pr„ngCj,r of committed within Watanira county, of which the county *=Ji'Sv courts have jurisdiction, until a Superior court of law is es- tablished for said county ; and all s-,iits at law, now pend- ing- in the county courts ot Ashe, Wilkes, Caldwell and Yancy, wherein the citizens of Watauga county are Lotii plaintiff and defendants, and all indictments in the county courts of Ashe, Wilkes, Caldwell and Yancy against citi- zens of Watauga, shall be transferred to the county court of Watauga, in the manner now provided for transferring su-its from one county to auotlier ; and all appeals Irom the coun-
BOUNTIES.
i848-'49
ty court of Watauga shall be sent to the superior courts of Ashe or Wilkes, at the discretion of the county court.
Sec. 7. Be it further enacted, That all criminal offen- ces which may be committed in the county of Watauga Criminal which are cognizable only in the Superior courts of Law shall be and continue under the jurisdiction of the superior courts of Ashe, Wilkes, Caldwell and Yancy, as if the act establish uig the county of Watauga had never been passed, until a superior court shall be appointed for the county of Watauga.
Imprison. ^^^' ^* ^^ ^^ further enacted, That all persons who
Dient. may be liable to imprisonment, under any process either
civil or criminal in Watauga county, before the completion
of the jail therein, may be committed to the jails of Ashe,
Wilkes, Caldwell or Yancy counties.
_ Sec. 9. Be it further enacted. That all process issued
Process. r , ' r
from the superior courts of Ashe, Wilkes, Caldwell or Yan- cy, against any of the citizens of Watauga, shall be valid without the seal of office being affixed, until a superior court is erected for the comity of Watauga; and all process so is- sued, after the third Monday of May next, shall be directed to the sheriff of Watauga county and executed by him.
Sec. 10. Be il further enacted. That Charles H. Doughten, of the county of Ashe, James Gwyn, Jr., of the County of Wilkes, and John W. McElroy, of the county of Yancy, be, and they are liereby appointed, coramissidners to select and determine upon a site for a permanent seat of jus- tice in said county, who shall locate the same at such place as they may think best and most convenient to a majority ot the citizens of said county ; which site shall be between Reuben Hartley's and a point one half mile west of Willis McGee's', East and West direction, and between John Pen- nell's and Howard's Knob, North and South direction ; and said commissioners are hereby authorized and empowered to purchase, or receive by donation, a tract or parcel of land, not less than fifty acres, upon which the said site shall be
€0 UNTIES. lSlS-'49 71
located ; the title to which land shall be m^de to the chair- man of the county court of the county of Watauga and his successors in office, for the use and benefit of said couu- ty.
Sec. 11, Be it further enucfed, That it shall be the du- f^';'""^'''^*
•^ when ts
ty of the commissioners before mentioned, al some day be- meet. tween the tenth of May and the tenth of .luiie next, to meet together and select a location or site for said town; and a majority of said commissioners shall have full power and authority to mai^esaid selection, for which service they shall be enti'.led to receive such compensation as the county court of Watauga may allow.
Sec. 12. Be it further enacted, That Jonathan Horton, Jordan Council and Noah Mast, be, and they are hereby ap- pointed commissioners to lay off the lots of said town; ai:d after designating such as shall be retained lor public uses, after an advertisement for thirty days, in such manner and at such places as said commissioners may think proper, shall Comm'r» expose to public sale, and to the highest bidder, said lots,'" '^^ °^ upon a credit of one and two years; aud shall lake from the purchaser or purchasers bonds with approved sureties, for the purchase money, payable to the chairman of the county court and his successors in office; and upon payment of the purchase money, the chairman, or his successor in office, shall execute titles therefor, which money or so much there- of as may be necessary shall be appropriated to the building of the court house and jail.
Sec. 13. Be it further enacted, That nothing in this act shall be so construed as to prevent the sheriffs of Ashe, Taxes. Wilkes, Caldwell and Yancy from collecting all arrearages of taxes, in the same manner as they could have done pre- vious to establishment of Watauga county.
Sec. 14. Be it further enacted, That ilic tax laid and col- lected in year 1849 in the portions of Watauga lieretofore being part of Yancy and of Wilkes, shall be collected by the sheriff of the respective counties, and paid over to (he
COURTS. lSi8-'49>
county trustee of the respective counties of Ynncy and Wilkes, for the use of said counties respectively.
[Ratified 29Ui day of January, 1840.]
COURTS
CHAPTER XXYIl.
AN" ACT to alter the time of holding the Superior Courts of Law and Equity and the Courts of Pleas and (Quarter Sessions of the ('ounty of liOnoir,
Sec. 1. Be i'i euaclcd hij the General Jlssemhlij of the Stale of J^orth Carolina, and it is hcrehy enacted by the auUiority of the saine, That hereafter the superior courts of law and equity shall be opened and held for the county of Lenoir,''on the third Monday after the fourth Monday in March and September, in each and every year, under the saaie rules and regula;ions as are now prescribed by law for holding said courts.
Sec. 2. Be it further enacted, That hereafter the courts of pleas and quarter Sesssions of said county be opened and held on the first Mondays in January and July, and on the third Mondays of March and September, in each and every year.
Sec. 3. Bs il further enacted, That all proceedings and process of every kind after the next ensuing terms thereof' depending in or returnable to any of the said superior courts of law and equity and said courts of pleas and quarter ses- sia:;s, sliall stand continued and be returnable to the scve-
*/
eOURTS. • iS4g-'49 73
ral terms as hereinbefore expressed respectively; any law to the contrary notwithstanding.
Sec. 4. Be it furfher enacted, That this act shall be
in force from and after the first day of June, eighteen hundred and forty nine.
When to
take efifect.
'i'A 'A\ ftiVJ H f>tf- ,bj«anu)lii fuiy^
[Ratified 27th day of January. 1S49.7
.- ^f
CHAPTER XXVIII.
AN ACT to regulate the dismissal of appeals in the Su preme Courf, and to regulate the fees of SheriiTs for serv- ing process issued from said Court.
Section'
1. Sheriffs and oi hers to have the same fees for executing process from
Supreme as Sujjerior courts.
2. Court .shall not ilisruiss appepl at the terra when motion is made, on
account of failure of parly to apjjcar and prosecute.
Sec. 1. Be it enacted by the General Assembly of the folate of North Carolina, and it is hereby enacted by the authority of the same^ That the sheriffs and other officers of tliis State shall hereafter be allowed the same fees for ^^ ■*'' executing' process and notices and rules for service made in the Supreme Court, they are entitled to ior like services where the like proces.5 may hav3 issued from the superior, courts of this State, to be taxed in the bill of costs by the clerk of tfie supreme conrt^ as may be adjudged in any suit pending in said supreme court.
Sec. 2. And be it further enacted, kc, That the su- preme court shall not dismiss any suit pending in said court, ^- ▼»*»e1t Qr any appeal to the said court, at the saine term when a Appoal* motion is or shall be made for such dismissal by reason of the partv failing to appear and prosecute his said suit or ap-
10
©OUKTJS. 1848 -'4§
peal; but bpfore sny euchsuit or appeal shall be dismissed as aforesaid, a rule shall be entered in said court and serv- ed upon the party, or his agent or attorney, returnable to the next terra of said couri; and if the said party shall fail to appear and prosecute his said suit or appeal at the next term aforesaid, and it can be shown to the court that said rule has been served upon ihe party thirty days before, the said court may dismiss said suit or appeal upon such terras as may seem to the court right and just, atid not otherwise: Provided. That whenever an appeal shall be dismissed, the judgment of the court below shall be thereby affirmed, and the same shall be certified as in other cases of afiirmance of judgment.
[Ratified 29th day of January, 1849.]
CHAPTER XXIX.
AN ACT to authorize the Judges who may hold special terms of the superior courts, tinder the provisions of tha net passed iti the year 1844, Chapter 10, to take jurisdic- tion of equity cases in like manner as they are by that act
, authorized to take cognisance of civil suits. <
Sec. 1 . Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the Judges of the superior courts, holding special terms as prescribed by the act described in the pre- amble to this act, shall have power and authority to take cognizance of all suits in equity, rcmainino; undecided at ]pow« of the regular term precedins; such special term, and to make iMge. guci^ orders, rules and decrees, as they may think prv>per, according to the course of the court in equity proceedings. jBec. 2. Be it further enacted^ That the clerk and ma«-
COURTS. lS48-*4* 7$
ter of each county shall attend, at each respective term of such special court, with their books and papers appertaining ^"'y <^f to the suits so le't undetermined at the regular term next preceding such special term.
[Ratified 29th day of January, 1849.]
CHAPTER XXX.
AN ACT to amend the 16th section of the 31st chapter of- the Revised Statutes, entitled "Courts of Equity."
Sectiot
1. Provides for removal of equity cases to Supreme court^ before a bear* ingj in certain cases.
Sec. 1 . Be it enacted by the General Assembly of the Statt of North Carolina, and it is hereby enacted by the authority of ihe sa?ne, That in nny case which now is, or hereafter may be, pending in atjy court of equity in this State, and shall have been set down for hearinir upon any ''jjfea" or " de- murrer,'^ it shall and may be lawful for such court, on suf- ficient cause shewn, ty affidavit, rendering such removal necessary for the purposes of justice, to order the said cause, before a hearing, to be removed into the Supremo court.
[Ratified 29lh day of January, 1849.]
76 COURTS. -1618-^40
CHAPTER XXXI.
jj.: AN ACT to repeal a part of an act of the General Assem-
bly of 18'14-'5, chapter 14.
Section^
1 Repeals act granting to superior courts of Yancj--^ Buncombp, Macon and Haywood exclusive jurisdiction in jury case?, wiili respect to Ma- con and Haywood.
Sec. 1, Be it enacted by the General ^^ssemhly of the iState of Worth Carolina, and it is hereby enacted by the authority of the same, That an act of the General Assembly of the ses- sion of 1844-'5, entitled, "An Act, granting to the Supe- rior courts of the counties of Yancy, Bbincombe, Henderson, Haywood, Macon and Cherokee orjginal and exclusive ju- risdiction in all cases where th'6 intervehti'on oT'a jury iliaV be necessary,'' chaptei^ 14V be; and '1;he same 15^, hereby re- pealed, so far as it applies to the counties of Macon and .Haywood.
Sec. 2. Be it further enacted, That this net shall be in forpe from and afler its ratification.
[Ratified 27th day of Jcinuary, 1849]
CHAPTER XXXn.
to ACT to alter the times of holdino- the Superior courts of law and equ;-y in the county of Cleaveland.
Sec. 1 . Be it enrcetctty th^ General JJsseinhhj of the State of North Caro'ina, and it is hereby enacted by the authority of the "ame, That the Superior courts of Inw and equity (»f the county of Cleaveland shall hereafier be opened and held on the eighth Monday after the fourth Monday of March and September, in each and every year.
COURTS. iS48-'49 7T
Sec. 2. And he it further cnaeled, That all laws and clauses of laws coming wiihiii the meaning and purview of this act, be, and the same are hereby, repealed.
[Ratified 29th day of January, 1S49.]
No jurors
CHAPTER XXXIII.
AN ACT grantins: to tlie Superior courts of the counties of Lincoln and Gaston original and exclusive jurisdic- tion in all cases where ihe intervention of a jury n^-ay be necessary.
Sec. 1. Beit enadtdby the General As&cmhhj of the State of North Carolina, and it is hereby enacted by ihe authcrv'ri of ihe same, That from and after the first day of Pvlarcli, 1S49, it shall not be lav/ful for tlie justices of the courts of pL-'as and quarter sessions for the counties of Lincoln and Gaston ^. to try any cause in which the; intervention of a jury may be forcoumy necessary ; nor shall any jurors be summoiej to attend said '^''"'^' courts.
Sec. 2, Be it further enazicd, That it shall be the duty of the several clerks of the courts of pleas and quarter ses- sions of the counties aforesaid, to malre out a transcript of all suits for the trial of which a jury may be necessary, and which shall he pending in snid courts on the said firet day J f. ''''''''* of March, 1849, and deliver the same, together v/itli all sucli pnpers as relate to said suits, to the clfiks of the Superior courts of llieir reipeciive counties, which said transcripts and papers shall b^ delivered as aforesaid on or before the last day of Marcii, 1819.
Sec. 3, Be it fiirlliev enacled, That it shall ho the duty of the clerk of the said Superior courts to receive said transcripts and other papers,and iuimediately toenterthe sameon the trigll
fS COURTS. ' 1848-'49
Superior dockets of their respective courts, so that the said suits shall clerk's du. Stand in the same order for tiial on the dockets of the said *y- Superior C(>urts, as they had on the dockets of the courts of
pleas and quarter sessions. And the clerks of said Superior courts, afier having received the said transcripts, shall issue subpoenas and other legal process, at the request of the par- ties to the said causes, under the same rules and regulations as if the said causes had originated in the said Superior courts.
Sec. 4. Be it further enacted, That from and after the first day of March, 1849, all suits in said counties, except such as are cognizable by a single justice of the peace, whether civil or criminal, shall originate in ihe Superior courts of said coun- Suifs and ties respeciivnly; and all appeals from the justices of the appeals, peace in said counties, in civil cases and all recognizance by tiiem, taking in criminal cases, shall be returnable to the nearest Superior courts of the counties in which they are taken.
Sec. 5. Be itfuvthir enacted, That when nny will, or paper writing purporting to be the last will and tf'stament of any person, shall be brought into the said courts of pleas and ■quarter sessions ^or probate, and the probate thereof shall be Ci'utested and an issue be made up, inthe trial of which issue a jury shall bo necssary, and in every other case, Ihe subject niiitier of which is coiiniz ibis in the «5aid courts of pleas and quarter sessions, in which an issue shall be made in like manner, requiring the intervention of a jury, it shall be the ',^j"[^J^jy duty ot said courts respectively to direct said issue to be ry. immediately enteied in a docket to be kept for that purpose^
And the clerks of said courts shall within ten days after the adjournment of said courts at which said issues shall be made, make out transcripts of said issues, and deliver the same to the clerk of the Superior court of the county in which said issue was made up; and the clerk of taid Supe- rior court is directed to receive and enter the same on his trial docket, and to issue subpcBuas and other legal process^ %r the parties whi havR joined in said isnie, und^r <b»
COURTS. IMB-m n
same rules and regulations as if said issues had been join- ed in said Superior courts. And the said Superior courts shall have full power and authority to hear, settle and deter- mine all said issues ; and the said clerks of said Superior courts, whenever an issue transmitted as aforesaid shall have leen determined, shall make out a certificate thereof, and shall deliver the same, iogeUier wiih all the papers in the cause, to the clerk of the court in which said i^sue was made up. And the cartificate received from the clerk of the said Superior court shall be recorded by the cleric of the court of pleas and quarter sessions in the docket in which the issue was made up; and shall be of the same force and effect as if the issue had been tried by a jury of the said court of pleas and quarter sessions.
Sec. 6. Be it further enacted, That the courfs of pleas and quarter sessions for the counties aforesaid, at their respective 'vv'itaesEei. terms next precedino: the ensuing Spring term of the Supe- rior courts of said counties, shall lake up their respective Slate dockets and bind over the parties and witnesses ihera. on to the said Spring' term of said Superior court.
What r6'<
Sec. 7. Be it further enacted. That all laws and clauses ofppgjipj/ laws coming within the meaning and purview of this act, vvhenii^ be, and the same are, hereby rppealed, and that this act take "" effect from and after its ratification.
Sec. 8. Be it further enacted. That all nppeals from the jtulg- ments of justices of the peace of said counties of Lincoln and Gaston, sliall be to the Superior court of the county in Appeals which said judgments were rendered.
[Ratified 27lh day of January, 1849.
CRIMES AND PUNISHMENTS. 1S48-'4|
C^EISIES AKD PfJMISSIillEKiTS,
CHAPTER XXXIY.
AN ACT to amend the 60th section of the 34th chapter of the Revised Statutes, entitled =' Crimes and Punish- ments."
1. Changes punishmeiU for keeping faro banh into whipping.
Sec. 1. Beit enacted by the General Jlssembly of the State of North Carolina, amlit is hereby enaciedbytheaidliorityojthe same. That the 60th section ot the 34th chapter of the Revised Stat- utes, be, and the same is hereby so amended that instead of the fine and imprisonment in the said section directed to be impo- sed on defendants convicted of keeping fciro banks or tables hereafter any one who shall be convicted of said offence shall receive thirty nine lashes on his bare back, at the pub- lic whippingpost, and on paying the costs shall be dischar- ged: Providel, that this act shall not extend to any ofiVnce committed before the first day of March next.
[Ratified 29th day of January, 1849.]
CHAPTER XXXy.
AN ACT explanatory of the act passed in 1779, Revised Statutes, chapter 34, section lOth, entitled ''An Act con- cerning crimes and punishments."
1 Stealing, seducing, or conveying away slave to sell, c^c , maJe felony- Sec. ]. Be it enacted by tke General .Bssevihly of the State, of North Carolina, and is hereby enacted by the authority of the
TRTMES AND PUNISHMENTS. lS4S-'49 Si
sani^, That any pf^rson or persons who shall steal, or shall hy violence, sedndion or any other means, either take or convey nway any slave or slaves, the property of onother or others, with an intention to sell or dispose of to another or others, or to appropriate to his or (heir own use snch slave or slaves, and he thereof legally convicted, shall he adjiidg- ed gnilty of felony, and shall snlTer death without benefit of clergy.
pRatified 29th day of January, 1819.]
CHAPTER XXXTf.
AN ACT mora effectnally to suppress the tragic with slaves, and amendatory of the 75th section of the 34th chapter of the Revised Statutes, entitled " Crimes end Punish- ments."
Sxctjo:t
1 Prohibits buying from slaves i'on C7 steel, whether manHfactvired or not.
2 Repeals provision as to lime ol' bringing suit. . n Time of bringing suit limited to two years.
Sec. 1. Beit cnaclcdly ihc General jlsscmlJy of the State of North Carolina, and it is hcrcly enacted, ly the authority of the same, That in addition to the articles enumerated and specified in the 75th section of the 34th chapter of the Re- vised Statutes, entitled " Crimes and Punishments," it shrill not he lawful for any person or persons to buy of, traffic ''"°" "'" wilh, or receive from, any slave or slaves, any iron or steel, hibUed^!* whether mannfactuied or not, unless the same be wilh the written consent of the owner or manager of such slave or slaves, or for the use of such owner or manager ; and any person or persons offendinxr against the provisions of tjiis net, shall be liable to indictment, and en conviction, shall be
11
S2 BEBT OF THE STATE. JS4S-'d<>
fined or imprisoned at the discreUon of the coisrt, raid shall liioreovtr be liable to the same forfeiture or penalty pre- scribed -npid to be recovered in like manner as is allowed in the said 7'>th si^ction ©f the 34ih chapter of the Revised Statutes, for trading with slaves, for any of the prohibited artich's enumerated in said section.
Sec. 2. Jludbe it further enacted, That so much of the 80th scc- R."?.a!lKg ^'"''' °^ ^^^' ^'^^^^ chapter of the Revised Statutes, as provides ciau..8. {'jj-^t no indictment shall be prosecuted for any violation of the seventy fifth and sevei^ty ninth sections of said chapter, unless such indictment be commenced within twelve months^ after such violation, be and the same is hereby repealed. Sec. 3. Jlnd be it further enacted. That no bill of indictment ^'■?r °v 1 shall be found, or presentment made, by the srand jury ot any county in this State, tor any violation of said seventy fifth and SO' enty ninth sections, unless such indictment fea commenced witliin two years after such violation.
(Ratified 27(h day of .lannary, l-^^ll]
BEBT OF THE STATE.
CHAPTER XXXVII.
AN ACT to provide for the payment of the debt of the State to the Bank of Cape Fear, to the Bank of the State, and otiier debts due on account of endorsements by the State, foi- the Raleigh and Gaston Rail Road.
Whereas the State of Norih Carolina is indebted to the Bank of Cape Fear in the siun of ninety thotisand dollars.
DEBT OF THE STATE. IS4S-^4I9 £«
to the B.mk of Jlie State in tlie sum of iweiity lire timnfjand dollars, advanced upon a mortage- of the Raleigh and Gas- «
ton Rail Ro'id, and is also indebted in iho sum of one hun- dred and sixtjT-six liiousandj five handled dollars, ou ac-^"^^^" count of endoisenients forjhe said Kail Roa(), made in the year one lliousand, eiglit hundred ond fo>ty, iu pursuance of an act, ciuidod "An Act to secure the Stale a^^ainst any find every liability incurred (or the Raleigh and G.istoa Rail Road Company, and for (he icliefof the satner' ^rhirc-
fOiP,
Sec. I, Be it enacted hii the Ckncntl Asscml-Jii of ike Sidle ,„ -^ -J " Treasurer
oj ^orlh Curoliaa, and it is licrcby enacted by the aiUkorl'ij of' the to issue
.s-:.'?nf, That the Treasurer of the State be, and he is hereby ceiiiikwte*.
•:ut!iorised and directed to issue certificaics of del.t, i;i juop-
er form, in ihe name and in behalf of the Siafe, and under
Ids signature and seal of office, for a sum ni>t exce*>duiij
tv\'-o hundred thousand dollars, binding the State for the
money purporting to be due thereon.
Sec. 2, And 'be it Jurllur enacted^ That noihiug in this act shall be considered as recognizing any futhority iu tlie Governor and council hereafter, under the act oi the »-, - ,v General Assembly, ratified the 6ih day of Januarv, lS45,»ty in Gov. entitled " An Act to authorize the foreclosure of the mort-^^'j ^^\^^l' gnge on the Raleigh and Gaston Rail Road," to borrow ^'>w monty money for the repairs of said road, and to morftfage the road, or pledge the faith of. the Siate for the P^payruf nt of the money borrowed.
Sec. 3. Be it further enacted. That said ce^uiica'.e of deV>t shall be issued at such time or times as the wants of the Treasury m:iy require, to discharge the aforesaid debts, or Ccnifi- any of ihem; and shall be issued in sums of not less than '[^^^^^ j^^y^ five hundred, nor more than one thousand dollars each/*'- '" "'i'^t and shall bear interest at the rate of six per cent. pf'r'„"i'"/r^^ni annum, payable semi-annually, at such places as the^'^^eiR re- J rcasurer may designate; which certificates of del.t sludl be severally redeemable at ihe end of Jen years, tioni and
S4 DEBT. 1848-'4a
afiei- iho day on which each of them is issued, anu at such
place or places as the Treasurer may appoint.
. Sec. 4. Be it further enaclrjl, That all ceilificales of debt
ijii^reTtificates by the State, issued under and by anthoiify of this act, and
^^^I'^l^^"^"' signed as aforesaid by the Public Treasurer, shall be conii-
nn.i reyis- tersigned by the Comptroller of this State, and duly regisior
ed by him iii a book prepared and kept for thai purpose.
Sec. 5. Be it fujthcr enacted., 'J'tiat said cerlifiL-ates of debt sh;dl be transferabla by the holders thereo!', or by his, lier or their attorney, in a book to be kept by the Public Treasure!' ^ip_ lor that purpose; ana in every snct: trunstor, the outstand-
ing certificate shall be surrendered to or cancelled by the Public Treasurer, and a new certificate shall be issued for the same amount, to the person or persons entitled to the same.
Sec, G. Be it further etiuctcd. That the Public Treasurer, f'a!? to be whenever required by the Govenor of tlie State, shall ne^o- ted, when tiato the Sale of the oeriificates of debt hereby authorized to
V''"/^^ '7 be issued, and shall have power and authority to sell the the Gov n r ' ^
same at not less than their par value, and shall apply the
proceeds, togeilii'v v^'ith ai.y premiuin or piofiis that may be made by such sal'^, to the payment of any or ail of the afore- said debts of the State.
Sec, 7. Be it further euacted, That this act shall be in fores freu) and alter its ratification. '
[Read three times and ralifled in Getieral Asscuilly this 17^th day of January, 1849. J
,lSlS-'40 85
i>I']DSTOIgS.
CHAPTER XXXVllI.
AN AO'U to amend and coiisolidite the several Acts h*'n;- tofore passed iti favor of Poor Dehiors.
Sfi<% 1. /A-; il enacted b'j iite General ^ssem'j'ij of l/ie State of .\)rlh Caroiiiiu, tmd it is hereby enacted bij the aitlhori'ij (fihe sdnie, TIku in all executions, ihe wearing iippaitfl, working tools, arms for muster, one wheel and cards, one loom one bih'e ' '■"r<^'''y
' exe.'i!|)t
and testc'unciit, one hymn book, one prayer book, and all iVom exe«- necessary school books, the property ot i!ie defendant, shall ^'"^"^"' be deemed and held exempt from seiznre.
Sec. 2. That in addition to the foregoing arti;:Ies f !)ere shall liereafter, in favor of every house keeper, on his or her com- plying; with the provisions of this act, be exempt from seiz- Other pro- lire under execntion, on debts contracted since the first day ^'^^'^-^ *'*' of July, 1845, the following property, and none odier, to wit: one cow and calf, ten bushels of corn or wheat, fifty pounds of bacon, beef or porlr. or one barrel of fish, all neccss;iry furm.nor tools for one laborer, one bed, bed-stead and cov- ering for every two members of tiie family, and sucli oilier properly as the freeholders hereinafter directed to be aj)- pointed, for that purpose, may deem necessary fur the com- fort and support of such debtor's family : suc!i other prop- erty not to exceed in value the sum of fifty dohars at cash valuation.
rjoc. 3. W^lienever any poor debtor, or, if a married man, 1:1 liis absence, his wife, may desire to apply for henrni of the .-:,M-oiid section of thi.> ad. .such apjiiic.-ilion shall be nidJc; lo some ju.5ticc ol the peace in the county in wliiLJi
m DEBTORS, iS4S-'49
Freehold- the applicant resides, who shall appoint three respeotable
effpro'^Jr. freeholders, disinterested and unconnected with the parties,
ty of debt' to lay ofi and assign to snch poor debtor the property -to
'in^f^'' which he or she may be entitled nnder the second section
of this act, and they shall immediately make out a full and
fair list thereof, and return the same to tlie clerk of the
court of pleas and quarter sessions for that county, who
shall receive such list and file the same among the records
of his office.
Sec. 4. Whenever any poor debtor shall die, leaving a widow iiim surviving, who may not be entitled by law to Provision her year's allowance out ot tiie personal estate of her de- Sar wiujvv. ceased husband by reason of any levy of any execution or otherv/ise, such widow shall be allowed the benefit ot the second section of this act, in the same manner as her de- ceased husband would have been.
Sec. 5. All and every conveyance by sale, deed of trust,
Ernst ^ ° '^^ otherwise, f n' the payment of any debt or demand '.vhatso-
ever, of any ol the property exempt from seizure under exe.
^ cution, shall be deemod and lield and is hereby declared to
be null and void and of no effect.
Sec. 6. A'l laws or clauses of laws coming in conflict with the meaning and purview of this act, be. and the same, are hereby repealed.
[Ratified 2bth day of January, IS49.;|
1S1S-'.19 .-s?
B e: E DS
CHAPTER XXXIX.
AN ACT makina it the duty of SherifTs nnd oLher officers, making sale of land or slaves to prepare and execute deeds for the same.
Whereas doubts have arisen whether it be the duty of Sheriffs after having sold property by execution to prepare a deed of sale for the same instead of the purcliaser:
Sec. L Jkit enacted by the General .Assembly of the State of North Carolina, and it is herchy enacted hy the authority of thr. same. That hereafter it sliall be the duly of the sherifls, "consta- Stable or other officer, after having made sale of lands or slaves, by authority of any execution or decree ofany court, to prepare and execute and deliver to every purchaser at such sale a deed -or deeds for the property by them so pur- chased. Provided, that the purchaser of the land shall fur- nish the officer the description of the land sold.
Sec. 2. Be it further enacted, That this act shall be in fare* from and after its ratification.
[Ratified 20ih day of January, 1849.]
SS l?4S-'43>'
RESTATES— il^XECIIT©KS& ADM tWSSTiRJiTOK So
CHAPTER XL.
AN ACT to provide for the settlement of estates in the hands of executors arid administrators, and for the rehof of the !=-ame.
Sec. 1. Be if enacted by ih'i General Assembly of the Sfatc of A'orl/i Carolina, and it is hereby enacted by tlic authority of the same, Tliat whenex'er any executor or administrator, in thisStHte, shall have in Ills, her or their hands, any money or other eHects, belonging to the estate of the testator or in- testntp, orsuch estate sliall be ascertained to be insolvent, it Kxscutor shall and may may he lawful for such executor or adminis- "•' "'^•'"'"'S" trator, at any time after two years from his, her or their qual-
tiator may, ...
af er two ification, to file liis, her, or their petition against the legatees, years from distributees or Others interested therein, in the superior court lion, flic a of law, court of equity, or court of pleas and quarter session??, i.ri for and q{ tjjg couu y whereiu the will has been proved, or letters of c'unt and administraiion grunted, setting forth the facts and praying s ulcment. f^j, ^j^ account and settlement of the estate in his, her or their hands; and upon its being made to appear to the court wherein such petition is filed that a copy of such petition has been duly served on eacli ot the defendants at least ten days be'bre the sitting of the court, or in case any of them are nonresidents, that due publication has been made accor- duig to the practice of the court, suchcourt shall and may pro- ceed to hear and determine the same, and may make any ol- der, jfidj^ment or decree in the case, for or against the pc- ti!ionci,and for or against the defendant, and each of them, that mny now b:: made upon the filing of such petition by legatees or distributees, against an executor or administrator.
\
FEMES COTERT. lS4&-'49 89
Sec. 2. Beit further enacted, That upon any balance ns- Balance, certamed, on the nnal settlement of the administration ac- count, or other property beins^ found in the administrator's or executor's hands, belonging to ^.ny absentee or infant without guardian, such court may direct such balance or oth- er estate to be delivered into the hands of the clerk of said court, to be by him kept and managed, under the direction of the court, for the benefit of the parties inferes'ed, and to be delivered over on application of the partiesentitled thereto.
Sec. 3. JJe It farther enacted, That the court, in cases arising under tiie second section, may require bonds with sufiicient sure'vof such clerk, for the faithful keeping, managing and delivering of said property to the party entitled, under the" ^^^^j direction of said court, and shall make a reason r.ble alio v/-ailowaac«. ance to said clerk for and on account of his services therea- bouts.
[Ratified 27th day of January, 1849-]
FEJMLES C©VERT
CHAPTER XLT.
AN ACT making better and more suitable provisions for femes covert.
Sectiov
1 Secures to the wife, hereafter mairieJ, all lands or real estate, which
she may have at marriage, or may thereafter arquire.
2 Exempts such lands or real estate from execution against the husband.
3 Extends the foregoing provisions to feme* covert already married after
the first day of March.
See. 1. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the autliority of
DO
FEMES COVERTS.
lS48-'49
Land not to be sold without wife's con- sent.
Exempt from exe- cu^on.
Femes co- vert al- ready mar- ried.
ihe same, That from and after the passage of this act, when- ever a marriage shall take place, ail the lands or real estate owned by the feme covert, at the time of marriage, and all lands or real estate which she may subsequently acquire, by will, devise, inheritance, or otherwise, shall not be subject to be sold or leased by the husband for tlie term of his own life, or any less term of years, except by and with the con- sent of his wife, first had and obtained, to be ascertained and effectuated by privy examination, accoiding to the rules Kow required by law for the sale of lands by deed belong- ing to femes covert. ,
Sec. 2. Be it further enacted, That no interest of the husband whatever, in such lands or real estate shall be subject to sale to satisfy any execution obtained against him ; and all such sales are hereby declared to he null and void, both in law and equity.
Sec. 3. Be it further enacted. That all the lands or re- al estate which may be acquired on and after the first day of March next by femes covert already married, either by gift, devise or inheritance, shall be subject to the same con- ditions, limitations and exemptions, as the lands or real es- tate mentioned in the first and second sections of this act.
[Ratified 29th day of January, 1849.]
FEMC E S,
CHAPTER XLII.
AN ACT to aiTiend the 48th Chapter of the Revised Statutes, entitled " An Act concerning fences,"' so far as relates to land on the Meherrin River, in the coimty of Hertford.
Sec. 1. Beit enacted by the General *Rssemlly of the
INSPECTION OF PROVISIONS. 184&-'49
Stale of JS^orlh Carolina, and it is hereby cnacled hp Hit aulhorihj of the same, That the Meherrin River, wiihin the county of Hertford, is hereby declared not to be a law- ful fence, within the meaning of the act aforesaid,, and that hereafter every planter shall have a sufficient fence about his cleared ground under cnltivation, lying- on the said river and within the said countyj at least five feet high, notwith- standing the same; and all j^ersons neglecting to keep and repair their fences, during crop time as aforesaid, shall be subject to like penalties and proceedings as are provided in other cases of unlawful fences,
[Ratified 29th day of January, 1849.]
fiJVSPECTIO!^ OF FKOVISfOI^S.
CHAPTER XLIIL
AN ACT to authorize the inspection of provisions.
Sec. 1. Beit enacted hy the GeiinalAssemlly of the State of Nonh Carolina, andit isherehy enacted Inj the anlhor- ity of the same, That the several courts of pleas and quar- ter sessions, of the different counties of this State, may ^t '^"*'^"*'"'^ such term of the said court, v/hen a majority of the justi-Eof ces are required to be present, if the majority of the justices holding such court, deem it necessary and expedient, pro- ceed to appoint an inspector of provisions and forage, who shall hold his office for the term of five years after his ap- pointment.
Sec. 2. Be it further enacted, That llie inspector hereby
i
WZ INSPECTION OF PROTISIONS. 184S-'49
authorized to be appointed, shall be conipollcd, when any article of provision or forage, imported from any other State or territory or foreign country, such as beef by the barrel, half barrel or kejj; ; pork by the barrel, half barrel or keg; Tnspcc ors £[Q^,^. whether made of wheat, buckwheat or rye, by ihe
duty. - J ' J
barrel, halt barrel or keg ; fish by the bnrrel, halt barrel or keg ; butter by the iirkin ; cheese by the box ; hay or fod- der pressed in bales or bundles, be offered lor sale, to pro- ceed to inspect and examine the same, according to such rules and regulations as may be established by said court of pleas and quarter sessions : Troxidcd hoicercr, any article of provision v/hich shall have been pirevionsly in- spected by any lav/ful inepector oi this State, shall not be subject to reinspection.
Sec. S. Be itfurthe? enacted, That the inspector hereby au- thorised to be appointed, sliall enter into bond, in the sum Bond. of five hundred dollars, payable to the Governor of the State of North Carolina, and conditioned ior the laithful per- formance of the duties of his oifice; which bond the courts aforesaid are hereby authorized and recjuired to take ; and the inspector hereby authorized and required to be appoint- ed shall be entitled to receive such fees as may be fixed on by the said courts of pleas and quarter sessions.
Sec. 4. Be it further enacted, That the commissioners of any incorporated town and city in this State, shall have full power and authority to make all such laws and regulations in their respective towns and cities, as they may deem nec- essary to protect the citizens thereof from imposition and fraud in the manufacture and sale of baker's bread therein; Baker's SO as to eusure that the bread so manufactured and sold bread. shall be good and wholesome; and also prevent fraudulent mixtures of other substunces with the flour of which such bread is made.
[Ratified 27th day of January, 1S49.]
lS4S-'49 93
SNSPECTIOK OF TUIIFE^il^SI^'C
—•">►© © Cm" -,
OHAP.TER XLIY.
AN ACT to amend an act, entitled ^^An Act to amend the laws regulating the inspection of Turpentine, chapter 57, ratified 14th day of January, 1847.
Sec. 1. Be if enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That each barrel of hard turpentine shall be of the weight of two hundred and forty pounds; and each barrel of tar shall be of the weight of two hundred and eighty pounds, and the tar to be put in barrels of the same kiud as are required for soft turpentine, by the act above cited.
[Ratiiied 27th day of January, 1849.]
JUDGES. CHAPTER XLV.
AN ACT to locate the Judges of the Superior Courts of law and equity in North Carolina.
Sec. 1. Be it enacted by the General Assembly of the Stair, of North Carolina, and it is hereby enacted by the authority of the same, That ni v'tU elections hereafter to be made for
H JUSTICES OF THE PEACE. JS48-'49
Judges of the Superior courts of law and equity, the election sliall be made for some one judicial circnit, in which there is no Judge resident ; and it shall be the duty of the Judge so elected to reside in some one of the counties of the cir- cuit for which he shall have been chosen, so long as he may hoM ihe office: Provided, hoipever, that this clause shall not be so construed, as to alter the law which now requires the Judges of said courts to allot the several circuits among themselves, and allows them to exchange courts: Provided fwther, that nothing in this act contained shall be so con- strued .IS to confine the election to any person residing in auy particular circuit in this State.
[RaJified 27th day of January, 1849.]
JUSTICES OF THE PEACE.
CHAPTER XLTI.
AN ACT in relation to Justices of the Peace,
1 Ezempts JHstices from working on public roacls.
See. 1, Be it enacted by the General Assembly of the State of North CcroUna, and it is hereby enacted by ihe authority of ifiesame, That from and after the passage of this act, all justices ©(• the peace, in and for the several counties of this State, !:«,. and they are hereby, exempted from working on thepobSic roads of their respective counties.
fEatified 29th day of January, 1849.]
JUSTICES OF THE PEACE. i848-'49
CHAPTER XLYH.
AN ACT to empower single justices of tho peace to tax prosecutors on State's warrants with the payment of costs in certain cases.
a.
Be it enacted by the General Assemhhj of the Stats of North Carolina, and it is hercbij enacted bi/ the authority of the same. That wlienever any defendant^or defeodautsshall be brou-^ht before a justice or justices of the peace, iu any comxiy m this State, by State's warrant, upon a charge of anyoffencft of an inferior nature, or upon a craving of the peace, and It shall appear to the justice or justices aforesaid, that* said prosecution is frivolous or malicious, the said justice or jns. tices may, in his or their discretion, order the prosecutor tq pay the costs, and may issue execution therefor.
[Ratified 27th day of January, 1S19.]
m
JLA.^I>S CISEKOiiEE.
— '"♦e©3,«~-
CHAPTER XLVHI.
AN ACT to fcicilitate the collection of certain debts Vivea ior Cherokee lands, and for other purposes. *"
Whereas at the different sales of the Cherokee lands several tracts or parcels of land were sold separately to the same purchaser, and a bond for the whole amount of the purchase money, instead of separate bonds for each tract was given; and whereas the original purchasers of sncli lands have, in many cases, sold and assigned the said lands
V^i>'*
96
LANDS— CHEROKEE.
lS4S-»40
Duty of a gent^ where O'
to different persons; and whereas said nssis^iiees caimot pay for the tract or tracts so assigned to iliem and procure grants for the same, without first paying off the whole bond of the original purchaser, and thevefore will not, and, in many ca- Preamble. ses, cannot, pay off said bonds: and whereas the original purchasers have, in many cases, become insolvent, and the amount of their bonds cannot be collected; and wherens in some instances the sureties to the bonds of the oriijinal pur- chasers have satisfied said bonds, and have the agent's re- ceipt in full for the same : Therefore,
Sec. 1. Be it enacted by the General Assemhlij of the State of North Carolina, and it is hereby enacted by the authority of riginalpur- /Ae Sfl7ne, That in all cases where the original purchasers or chaser has ^^i^-^^ suretv or sureties, of Cherokee l^uds, have failed to
not paid.
pay for the same, it should be the duty of the agent of the State lor the collection of debts due for said Cherokee lands, to receive payment /rom any assignee of said origmal pur- chaser or purchasers, his heir, devisee or assignee, for any tract so assigned, and to give said assignee, his heir, devisee or assignee a receipt for the same, particularly specifying and describing the tract or parcel so assigned and paid for. And it shall be the duty of the Secretary of State, upon pre- sentation of said agent's receipt, to issue a grant for the tract or tracts of land, specified in said receipt, to the person or persons so paying for the same.
Sec. 2. Ijc it further enacted, That whenever in any case, the purchase money for Cherokee lands has been paid by or collected from the sureties to the original purchaser to the full amount of the bond or bonds given by them, it shall be the duty of the Secretary of State, whenever the fact of such payment has been satisfactorily certified to him by the said agent o! the State, to issue a grant or grants for the lands so paid for to the person or persons paying for the same.
Sec. 3. Be it further enacted, That nothing in this act contained shall authorize the agent to receipt for, or the Secretary of State to issue grants for any tract of land to the
Secreta- ry's duty
Grant to issue.
LANDS— CHEROKEE. 1848 -'49 97
criminal purchnsers or their sureties, unless the whole a- Original
^ ' .... purchaserej
mount of the bond in whirh the piice of s.-^id tract is inclu- ded shall have been fully satisfied and paid ofi.
Sec. 4. Be it Jitrther enacted, That thiis act shall be in force from and after its ratification.
[Ratified 29th day of January, 1819.]
CHAPTER XLIX.
AN ACT to amend an act, passed at the last session, en- titled "An Act to provide for the sale of certain lands iti Cherokee and Macon Counties, which have been surren- dered to the State."
"Whereas no provision was made by the above recited net to require the agent of the State to return to the Comp- troller's office an account of the lands resold under the pro- visions of said act : F^r remedy whereof,
Sec. 1. Be it enacted hy the General ^ssemhiyofthe Stele of North Carolina, audit is hereby enacted by the authority of the savie, That the Cherokee land ao:ent shall, on or before the first day of May next, return to the Comptroller's office a full and complete statement of all the surrendered lands, valued and resold under the above recited act, s'^ttin? forth the names of the purchasers, the amount of each purchase, ^ef"'^ to
' ' ' 'return
the amount paid, and the amount due, and when due. And statement in all cases where the bunds of the original purchasers have been cancelled, he ihail ^return a statement thereof to the Comptroller, who shall credit (he respective accounts of said purchasers, with the amount of said bonds.
Sec. 2. Be it further enacted. That upon the return of the statement of the agent to the Comptroller's ofHce, shewing
13
^S i.ANDS— CHEROKEE. i84S-'4f
Compfral. the account of sales as aforesaid, the Comptrolior'shall chara:e mf> obligors respectively in his books with the amount of each bond ; and when payments ate made thereon, either to tlie Pubhc Tieasnrer or the agent aforesaid, tiie Comptrol- ler, or? being furnished with the evidence cf such pKyn^ent, shsM enter tiie proper credit for the same.
(Ratified 29di ^^ of January, 1849.J
CHAPTER L.
ACT for the relief of James Stewart of Cherokee <ioi]rjty.
Whe^ieas Andrew J. Rnssell became the purchaser of two Jots of Cherokee kmds, at the land sale in 1S3B, num- ber (112) one htindred and twelve, and (113) one hundred and thirtcet], in district number six, lying in Cherokee coun- ty; and whereas the said Andrew J. Russel sold and as- signed ivs interest in said lots to E. R. Scott, and the said E, R. Scott sold and assigned his interest in said lots to James Stevi'-art, of Cherokee county ; and wher(^as<the said James Stewart has paid the purchase money for said lots into the Treasury of North Carolina, and the Secretary of State has issued £:rants for said lots in the name of the said E. R. Scott, and said Scott has removed from the county, Slid resides in parts unknown : Therefore,
Sec. 1 . Be it enacted by the General Assembly of the State of Aorth Ct-irnRna, <fnd it is hereby enacted by the authority of the same, That the Secrotary of State be, and he is hereby di- rected to cancel the grunts issued in the name of E. R. Scott for lots r.'im*»cred ll'i and 113, in district number (6) six, tof Cheirokoe Jpuds, Iving in Cherokee county, and issus
LANDS, REASSESSMENT OF. 1318-^49 99
grants to, and in the name of James Ste\vart. for said lots of laiids, any law to the contrary notwithstanding; and that this act shall take effect from and alter iha rauiicatioii thereof,
[Ratified 27th day of January, 1S49.J
I.AKSJS— KEASSESSMEKT ®F.
■ "i>fl®a»)»—
CHAPTER Lit
AN ACT to amend on act passed m the year 18-16-'7, en- titled <• An Act to provide for a re-assessment of the lands of this State, and a more accurate enlistment of taxable polls."
Whereas, by the said act, the board of valuation, in Taluinor lands and improvements, v/orked as gold or silver mines, or lands supposed to contain gold, or silver, or other mineral, are required to take into consideration the increas- ed value of all such lands, arising from the circumstarice '"^'" *' of their containing such gold or silver ore or other mineral as aforesaid ; and whereas the real value of all such lands and improvements is very uncertain and fluctuating :
Sec. 1. Be it enacted by the General Jissemhhj of the State of North Carolina, and it is hereby enacted by the authority of the same, That it shall be in the power of tlie soveral county ^''"'"' ^ courts, at any term tliereof, to reduce the valuation set oi said land by the board of vahiation or otherwise.
Sec. 2, Be it further enacted, Thai in all ca.^ts where tnK
100 LANDS, REASSESSMENT OF.
lS48-'49
Rcasp( ment.
of land with improvements, after being valued b/'the said board or othervvrse,^shall increase in value, by reason of gold or silver mines or other minerals discovered or worked, it shall be the duty of the justice of the peace taking in the list of taxable property, before listing the same, to appoint and swear two disinterested respectable freeholders to rcas* sess said lands and improvements fairly and impartially, in- cluding in their valuation such increased and additional value.
^Ratified 29th day of January, 1849.],
CHAPTER III.
An Act to provide for a re-assessment of the lands in the counties of New Hanover, Brunswick, Bladen, Johnston, Sampson, Nash and other counties.
Sec. 1. Be il enacted by the General .Assembly cf the State of North Carolina, and it is hereby' enacted Jby the authority of the same, That it shall be the duty of the county courts of New- Hanover, Brunswick, Bladen, Johnston, Sampson, Nash, Wayne, Onslow, Carteret, Columbus, Edgecomb, Robeson, Cumberland, Duplin, Jones, Greene, Lenoir, Bertie, j- Beau- fort, and|Craven, to cause a re assessment to be made of the Reassess- lands in their respective counties, in the year one thousand, eight hundred and forty-nine, according to the provisions of an act entitled " an act to provide for a re-assessment of the lands of this State, and a more accurate enlistment of the taxable polls," passed by the General Assembly at the session of ISIG-T": Provided, nothing in this act contained shai! au- thorise the re-assessment of any real estate within the lim- its of any incorporated town, or any other land v/hich^lias
nient.
Proviso.
LANDS, TITLE TO. ISIS- 49 101
not depreciated in value, by reason of the decay of the pine trees thereon.
Sec. 2. Be it further enacted, That this act shall be in force from and after its ratification.
[Ratified 27th day of January, 1S49.J
I.AW©S — TFl'LE Ti
CAHPTER LIIL
AN ACT to secure the title of purchasers of lands sold under execution.
SECTIOSr
1 No variance between writs of execulion and judgments, shall invalidato tiilo.
Sec. 1. Be it enacted by the General Assembly of \hc Stcde of North Carolina, and it is hereby eractcd by the aulhority of the same, That whenever any lands, tenements or heredita- ments may have been heretofore sold, or may be hereafter sold in this State, by any marshal, sheriff, coroner or other officer, under and by virtue of any writ oi Jicri facias, ven- ditioni exponas, or other writ of execution, commanding the sale thereof, no variance between the said writs of exe- cution and the judgments whereon the same wi're issued, ei- ther in the sum du?, in the manwer in which it is due, or in the time wlien it is due, shall mvalidate or affect iho title ofany purchaser of such lands, tenements or hereditaments.
[Ratified 20th day of January, 1849.]
102 LANDg, TITLE TO. 1S48-4G
CHAPTER LIV.
AN ACT extending the time of perfecting titles to Lands heretofore ent^^red.
Sec. L Be it enacted hy tin General Assemhly of the State of JSlorth Carolina, and it is hereby enacted hy the authoritxj of the same, That all persons who have made
g. entries of vacant lands and paid the purchase money to the
State for the same, since the first day of January, one thou- sand, eight hundred and forty, shall have until the first day of January, one thousand, eight hundred and fifty-one, to perlect their title to the same by grants.
Sec. 2, Be il further enacted, Thatal! persons ^vhohave mads entries of iands according to law, since ti)e first day of January, one thousand, eight hundred and forty-three, and have not paid the purchase money to the State, shall have until the first of January, one thousand, eight hundred and fifty one, to make said p:iyments and perfect their titles to said lands: Provided, th; t nothing in this act contained shall be so construed as to affect the titles of persons who have
Pioviao. heretofore obtained grants to said lands, or the rights of ju- nior entries, or to extend to swamp lands in the eastern por- tion of the State.
Sec. 3. And be it f archer enacted, That this act shall be in force, from and after its ratification. [Ratified 4th day of Japuary, 1849.]
CHAPTER LY.
AN ACT assentinof to the purchase by the LTnited States of certain parcels of land on the Cape Fear river, and ce- ding the jurisdiction of Korth Carolina over the same, under certain limitations and conditions.
WiiEREASj by an act, past;ed at the first session of the
LANDS— CEDED. ]S!S-'43 10';;
thirtieth Confrress of the United States, entitled "An Act mnking appropriations for light-houses, light-hoats, buoys (fcc, and providing for erection and establishment of the same," the following provisions aremnde, viz: "In North Carolina.
" For a beacon licjht on the upper jettee, Cape Fear river three thousand, five hundred dollars,
" For a beacon light on Campbell's Island, same river, three thousand, five hnndrei dollars.
"For a beacon light at Orton Point,, same river, three thousand, five hundred dollars.
" For a light boat at the Horse Shoe, same river, between the nev.'- Inlet and Prince's creek, ten thousand dollars.
" For two beacon lights placed in the best manner at Prin- cess creek, same river, six thousand dollars.
" For two liofht-houses placed in the best manner upon the P'"^^^^- West channel of same river, and a keeper's house on Oak Island, nine thoustind dollars,
" For a buoy on the Western bar, and another at the Rip off, the points of Oak Island, same river, five hundred dol- lars : "
And whereas the United States has contracted to pur- chase as suitable sites for some of the beacon Ijohts afore- said, the pieces or parcels of land hereinafter described, viz: a certain piece or parcel of land, situate ne;.r the lower end of Cam[)bell's Island, known g-etierally as Big Island, in the Cape Fear river, and beainning at a stake on or near the South Eastern extremity of said island, from which said point, the Salt House door bears South 30° 50' East (true), from which the ceijtre of the Marsh on the end of Wood- ward's shoal, bears South 12° 30' East (true), Orton Point b-^ars South 3° 20' West, and the Souiji cr.d of the Island bears South 33° West ; thence from said stake North 9° West, 415 feet ti a stake; thence South Sl° West, 3f2^ feet to a stake; thence South 33° East, 455 feet to a stake at the mouth of a snmll creek or branch • thence North 81° EeasI, 117 feet to the beginning, contain-
104 LAND— CEDED. 184S-'49
ing- two acres. Also, a small piece or parcel of land, lying at a point on the West bank of the Cape Fear River, known as Orton' Point ; beg^innin? at a stake at a hiffh water mark, from which the centre of the Suirar Loaf bears South 43" 10' East— and Federal Point light South 12° 40' East — (tru'^J thence North 9° 40' West, 127 feet to a slake ; thence South 82° West, 62 5-10 feet to a stake at the ed^e of a ditch ; thence South 3° 40' East, 200 feet along the said ditch to a stake ; then^.e South 42° East, 68 feet to a stake; thence North 11° East, 136 feet to the beginning: Axlso, a certain piece or parcel of land at the mouth of Pri- ce's creek, on the West bank of the Cape Fear river ; be- ginning- at a stake at high vrater mark from which Federal Point light bears North 60" 50' East (true,) and Bald Head light South 70° 35' West (true) ; thence North 2S° East? 356 feet to a stake; thence South 84° West, 295 feet to a stake; thenee South 2S° West, 356 feet to a stake; thence North 84° Filast, 295 feet to the beginning. And whereas by a joint Resolution of the Senate and House of Represen- taiivc^ of the Congress of the Unifed States, approved Sep- tember Uth, 1S41, the expenditure of any public money up- on any site or land thereafter to be purchased by the United States, for the purpose of erecting any puhjic build ina:. is forbidden until the consent of the Legislature of the State, in which the land or site may be, shall have been first giv- en to thi United States to make such purchases : '
?ec 1. Be it therefore enacted by the General Assembly of f lie St tie of A'orfh Carolina, and it h hereby enacted by the author- ity nf the saine. That the United Stntes be am! is hereby au- Land ce. thorized aud empowered to purchase, have, hold, occupy ^*^'^- and possess the pieces or parcels of land described in the
pi eamble hereto; and that exclusive jurisdiction of said pie- ces or p-irciMsof land is hereby ceded to the United States upon fhi'- condition (hat the United States s'nal! continue and keep upon said several pieces of land, the necessary build- ings for the beacon lights respectively referred to in the pre- amble as connected with said several pieces of land.
LITERARY FUND. 1848-*49 105
Sec. 2. Be it further enacted, That nothing herein con- Procc8« tallied shall be so construed as to debar or hinder any of the ^rved. ofBcers of this State from serving any process or levying execniion within the limits of any one of the before descri- bed pieces or parcels of land, in the same manner and to the same ejEFect as if this act had never been passed.
Sec. 3. Be itjurther enacted. That this act shall be iu force from and after the ratification thereof.
[Ratified 29th January, 1S49.]
I.ITERARY FU]VD.
CHAPTER LVI.
AN ACT concerning the President and Directors of the Literary Fund.
SnTIOW
1 President anJ Directors may remove suits to Superior court of Wake.
2 May bring suit in Superior court of Wake.
3 Provision in favor of Wacamaw Canal Company.
Sec. i. Be it enacted by the General Assembly of the Slate
of North Carolina, and it is hereby enacted by the authority of
the same, That in all actions now pending, or which may
hereafter be instituted in any of the courts of this State. in^^."°'*^'>^
suits, which the President and Directors of the Literary Fund, or
any persons ck.imin^ under them, or jiistifyinor by their au- thority, are plaintiffs or defendants, it shall be lawful for the said President and directors, if they dsem it expedient,^to re- move such suits to the Superior court of Wake county,
14
106 LITERARY FUND. 1848-'49
there to be tried and determined, subject to the right of ap- peal to the Supreme court as in other cnses. Bringing ggc_ 2. Bs it further enacted, That if it shall hereaf-
SUlt. 1
ter be necessary, in the opinion of the President and Direc- tors of the Literary Fund, to institute any suit for the pro- tection of any interest committed to their charge by law, it shall be lawful, and they are hereby authorized to bring the same in the Superior court of Wake county, there to be heard and determined, any law to the contrary notwithstand, re- serving to the party dissatisfied with the decision of the court, the ri^ht of appeal, as in other cases.
Sec. 3. And whereas it has been represented to the Gen- eral Assembly that an association of individuals is about to open a canal from Waccamaw river to Litile river, near Canrtlcom. where the latter empties into the ocean, and that the said F«ny- canal, when opened, v^mII drain a considerable portion of the swamp lands owned by the State in Green swamp and White Marsh swamp: Therefore, Be it enacted, That Avhenever the said canal shall have hern constructed, and it shall have been clearly ascertained that any valuable por- tion of the swamp lands of this State have been drained by the said canal, and have been made more valuable thereby, then it shall be lawful lor the President and Directors of the Literary Fund, and they are hereby authorized to make to the said individuals openins: the said canal, such allowance in the public lands thus drained, and to convey the same by deed, as the said Board may consider just and reas;onable.
[Ratified 29th day of January, 1819.]
1848-'49 lOr
t,UI¥.4TICS.
CHAPTER LVIl.
AN ACT to confer on courts certain powers over imprison- ed Lunatics.
Sectio:??
1 Persons imprisoned I'o- crime, and alleged to be insane, to be osamijied
by jun'^ and removed to hospital if found to be so.
2 Court may appropriate money and lay taxes to pay expenses.
3 Tiiese proceedings not to invalidate or impair indictment.
Sec. 1. Be it enacted hy the General Asstmhly of the
^tate of North Carolina, and it is hereby enacted by the
authority of the same, That whenever any person shall
be confined in any of the j:iils of this State, charged with a
criminal ollVnce, and it shall be suggested to the conrt,
wherein such indictment is pending, that such prisoner is insane
insane ox non compos, and incapable of beina: brought to r""^"^*^ . ' ' ^ '^ '^ lor cnm8i
trial, it shall be the duty of the court to empannel a jury to inquire into the truth of the suo'gestion ; and if the jury em- pannelled as aforesaid shall by their verdict find the prisoner to be non compos or insane, it shall be the duty of the judge, if the same be in the Superior court, to order the said find- ing to be certified to the county court of said county. And ]t shall be lawful for such coiujty court, on receiving said certificate, or upon the fijiding of the jury in said county court, if the charge shall be pending ihery, to cause such prisoner to be removed to some hospital lor the insane, in 01' out of the State, or to bs otherwise provided for, at (heir discretion, to the end that proper means be used for his or her cure.
Sec. 2, Be it further enacted. That the county court afore- said being satisfied of the inability of such lunatic so as a-
108 MILITIA. 1848-49
Appropria. foresaid authorized to be removed, to pay the expenses of
tion and , , , , ^ . ,.
taxer. s"C" removal or subsequent mamtenance, may, at their dis- cretion, appropriate from the county funds, such sum as shall be deemed sufficient therefor ; and to that end shall have power, at their discretion, to lay taxes in like manner as county taxes are now levied.
- ,. , Sec. 3. Be it further enacted, That any proceedinffs had
Indiclmpnt , , . , , •
not impair- "nder this act snail in no manner invalidate or impair the ^*^' indictment pending aojainst such person removed, but he
shall continue liable to answer such charge as if he had nev- er been arrested.
[Ratified 29th day of January, 1849,j
M IJLS TIA.
CHAPTER LYIII.
AN ACT to amend the 73d chapter of (he Revised Statutes, entitled "An Act concerning the Militia of this State, and for other purposes."
Sectios-
1. Exempts from mustering, in time of peace, after thirty five years of agS.
2. Proceedings on persons 35 desiiing to be exempt.
3. Incorporates all duty organized volunteer companies.
4. Serving in voluiiteer corps 10 years, exempts from military duty-
5. Officers exempt after serving 8 years.
6. All the rank and file may vote for field officers.
7 Captain's district may be enlarged.
8 Wardens of the poor ^ Superintendents Common Schools exempt.
10, 11, 12. Collection of fines, incorporations this session, and numbed of privates in company.
Sec. 1. Be it enacted by the General Assemhlifjof the State of
rvt
MILITIA. 1848-'49 109
North Carolina, and it is hereby enacted by the authority oj the same, That all free white persons, between the ages of eigh- teen and forty-five years, shall be enrolled in the manner prescribed in the first section of the above recited act, and the returns of such enrollmest shall continue to be made as liereiofore; and all persons so enrolled shall be kept on the^''^^'"P'» mnster rolls, and shall be liable to perform military duty, tpiino- at ' in times of war, insurrection, or invasion, until the age of for-^^' ty-five as heretofore; but no person so enrolled, shall be re- quired to perforpa military service in times of peace, by way of drill, mustering, training, or disciplinary exercise, after he shall have attained the age of thirty-five j^ears.
Sec. 2. Be it further enacted, That it shall be the duty of all persons who shall liave attained the age of thiriy-tive years, and who shall desire the benefit of the provisions of this act, to appear before the court martial of the regiment, in which they may reside, and make oath or affirmation that they have attained the acre above described; and in that case, it shall be the duty of the Col. commandant, or the pi'esi- pg^^^ ding officer of said court martial, to give such person or per- d. siring to sons, so swearing or affirming, a certificate in writino" to the^^ exempt, effect that he or they are exempt from the performance of military duty, except in the cases above recited.
Sec. 3. Be it further enacted, That whenever hereaf- ter, any volunteer company may be formed, consisting of the number now required by law for the formation of vol- unteer companies, it shall be lawfnl for the captain of such company to make known, in writing, such fact, to the Col- onel commandant of the regiment in whicli such company may be formed; and if the Colonel commandant shall be sat- isfied that the statenficnt made by said captain is true and that said comipany is uniformed and equipped in all respects
111 ^ • . ,, ' fncorpo
as required by law, except as lo arms, it shall be his duty rates toN to give such captain a certificate in writino-, settino- forth ""'^^"* the fact; and every such company so constituted shall be entitled to make all such bye-laws, rules and regulations for the government of said company, as may be deemed ne-
110 MILITIA. 1S48-'4S
cessary, not inconsistent with the constitution of this State, or of the United fcJtates; and siiali be invested with all the rights, powers and privileges usually incident and belonging to volunteer companies which are incorporated : Provided, such company shall, as such, perform military duty at least four times in each and every year.
Sec, 4. Be it farther enacted, That hereafter any per- son or persons between the ages of eighteen and thirty-five, who shall join any regularly constituted company of volun- teers, whether of infantry, cavalry, grenadiers, artillery or riflemen, and sluill serve as a voUuitcer in such company
Term of - , . , . , , , ,
service in f^^ the period 01 tcii 5rears, such person or persons shall volunteer thereafter be exempt from military duty, except in cases of
corps. ....
insurrection or invasion.
Sec. 5. Be ii further enacted, Thai all com "nissioned officers now in office, or those who may hereafter be elected (Major and Brigadier General excepted) who shall equip Officers, themselves as the law directs, and shall perform military duty as such commissioned officers, for the period of eight years in either one or all these offices, shall thereafter be ex- empt from military duty, except in cases of insurrection or invasion.
Sec. 6. Be it further enacted, That all the rank and Vote. "^
file throughout the State shall be allowed to vote for the field officers thereof.
Sec. 7. Be it fivAhcr enacted. That should it( be ne- cessary, in consequence of the passage of this act, to enlarge Captain's j.|-jg ciiptaiu's district, iti anycoimty in this State, it shall be
district. ^ . ^ ■' '
the duty of the regimental court martial to make such change as may be necessary, ,, . Sec. 8. Be it further enacted, That there shcill here-
MustcrJ. <^ '
after be two company musters in each and every year.
Sec. 9. Be it farther enacted, Tl.at nothing in this act contained, shall be so construed as to require those per-
Otherex- ' a i -
empts. sons now exempt, to perform military duty, and that there shall be added to those exempt, county musters, [?J wardens "*" of the poor and superintendents of common schools.
MISCELLANEOUS. 184S-'49 111
Sec. 10. Be it further enacted, That it shall be the duty Shfiffs , , , • n-- I • 1 / 1 T ,11 ' anil con-
ot the sherins, or tlieirlawiul deputies, or constables, or any ^^^^,^1^3^
other lawful officers, of each and every county in this State,
to receive and collect all executions lor fines and penalties,
which may Fiereafter be issuf d, under the authority of any
company, battalion, regimental, orgenerol court martial.
Sec. 11. Be it further enacted. That the provisio.is of this Compa-
•' _ rues incor«
net shall extend to those volunteer companies, which havepora'ed been or may be incorporated dnrino; the present session. '"'^ ^^*"
See. 12. Be it further enacted, Tliat hereafter forty five jyj-^^ ^C privates shall be the number required to form each captain's companies company exclusive of the officers.
Sec. 13. Be it further enacted. That all laws and clauses of law? coming; in conflict with the provisions of this act, be, pep^jj and the same are hereby repealed; and this act shall be in force from and after its ratincation.
[Ratified the 29th day of January,lS49.1
ME^€EI.I.AI^^E©IJS.
CHAPTER LIX.
AN ACT to amend the 4th section of the 65th chapter of the Revised Statutes.
Sirrro??
1 Provision eoncerning the bringing suits ngainsl non-residents.
Sec. 1- Be it enacted hy the General Jlssemhhj of the Slate nf JVorth Carolina, avd it is herchy evaded hy the uulhorily of the samCy That the fourth section of (he sixty
J 12 MISCELLANEOUS. l848-'49
fifth chapter of the Revised Statutes be, and the same is, hereby amended, so that the time therfiin limited for bring- ing suits, shall not protect any one who was, at the time of snch causes of action arising: or accruinof, a non-resident ot this State. Bat that the proviso in said section, excepting therefrom persons beyond seas, shall extend to persons liv- ing and continuing beyond the limits of this State.
[Ratified 29th day of January, 1849.]
CHARTER LX.
AN ACT to regulate the holding of elections for Commis- sioners of Navigation.
Sec. 1. Be it enacted by the General Assembly of the Slate of North Carolina, and it is hereby enacted by the authority of the same. That hereafter the commissioners of navigation of the Cape Fear shall be elected on the first Monday of May, in each and every year, by the citizens of the two captain's dis- tricts adjoining the town of Wilmington, who are entitled to vote for members of the House of Commons of the Gene- ral Assembly; and said election shall be held by the high sheriff of New Hanover county, under the same rules and regulations as the election for members of the Legislature.
[Ratified 29th day of January, 1849.]
MiS«I<:LLANEOUS. lS48-'49 113
CHAPTER LXI.
AN ACT for the better protection of Seines and Nets.
Sec, 1. Be it enacted hy the General Assemllij of the Stale oJ..yorth Cavotina, and it is hereby enacted by the authority of the same, Th-'it hereafter any muster or other person, having the management Oi' control of any vessel or Penalty on boat, of any description, navioating the waters of xAlbemarle ^p^g^i^f^^ sound, or of iis tributary streams, who shall wilfully, wan- injuring tonly and unnecessarily tear, cut, break or run afoul of any ^^^f^ seine or net wbich may be set or fixed in said waters for the purpose of tMkino; fish, shall be liable to indictment either iu the County or Superior court of the county wherein such seine or net may so set, and upon conviction, shall be fined a sum not exceeding one aundrcd dollars.
Sec. 2. ^^nd be it further enncied. That the owner of such seine or net, or other peison injured by such act of any mas- ter or other person as aforesaid, shall and may bo entitled to Warrant
recover, by warrant, before any magistrate of the county ""^" '"^'"* ' •^ ' J '^ J at common
wherever such act maybe committed, from the said master, law. or other person having the management or control of such vessel or boat as aforesaid, the sum of one hundred dollars, one half thereof to the use of the prosecutor and the other half to the use of the county wherin such trespass is com- mitted, and shall moreover be liable to any action which the party injured may have at common law.
[Ratified 29th day of January, 1849.]
CHAPTER LXII.
AN ACT to extend the time for registerine: grants, mesne, conveyances, powers of attorney, bills of sale and deeds
of gift.
Sec. I. Re if (nactfed hy the Grntrtd Asssmbly of tJie State
15
T w* jeae ■
m MISCELLANEOUS. i8l8-'49
e/ N'orfh Cr:rol':if.\ and if is htrehy r.nacted by the aulhority of the sum e.. That ail grants of lai)d in this State, all deeds of mesne conveyance, powers of attorney under which any lands, teneiiients or hereditaments have been or may be con- veyed ; all powers of attorney which are required to be proved and registered by any act of tlie General Assembly ; all bills of sale, deeds of gift, already proved, or which may hereafter be proved, shall and may, within two years after tiie passage of this act be admitted to registration, under the same rules, regulations and restrictions, as heretofore ap- pointed by law; and said grants, depds of mesne convey- ance, po\yers of altornpy, bills of sale and deeds of gift, shall be as good and valid as if they had been proved and Prariso. registered within the time heretofore allowed : Providbd, ffjat oothin^ herein contained shall be construed to extend to mortgages and conveyances in trust.
|Read three times and ratified in General Assembly, this I6ih day of January, iS49.]