Public laws of the State or North Carolina, passeu ^ the
General Assembly, at its session of I860161: together with
the Comptroller^ statement of public revenue and expendi¬
ture. Raleigh: John Spelman, Printer to the State. 1861.
24.5, [l]> vi p. 23 1/2 cm. First extra session included.
Crandall No. 1802 Call No. E485.9 .N63P8 1860/61
Contents of above volume:
1. Crandall 1802 — Public laws of the State of North
Carolina, ... General Assembly ... session of 1860-,6l:
... Comptroller^ statement ... 1861.
2. Crandall 1795 — Private laws of the State of North
Carolina, ... General Assembly ... session of 1860-,6l.
... 1861.
PUBLIC LAWS
OF THE
STATE OF NORTH CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
SESSION OF 1860-'61:
TOGETHER WITH THE COMPTROLLER'S STATEMENT OF PUBLIC
REVENUE AND EXPENDITURE.
RALEIGH:
JOHN SPELMAN, PRINTER TO THE STATE.
1861.
PUBLIC LAWS
op
NORTH-CAROLINA.
I860-'61.
AGRICULTURE.
an act to amend revised code, chapter two, entitled Chap. 1.
"agriculture and geology."
Be it enacted by the General Assembly of the State of Powers granted
North-Carolina, and it is hereby enacted by the authority
of the same, That the North-Carolina Agricultural Society
are hereby authorized to rescind, alter or modify any of
the "rules, articles of association, by-laws or ordinances
which existed before said society was incorporated by the
legislature, to the end that it may improve its organiza¬
tion and be empowered to adapt its operations to the great
and useful purposes of its institution. [Ratified the 23d
day of February, 1861.]
ASYLUMS.
an act to complete the buildings op the north carolina Chap. 2.
institution for the deaf and dumb and the bund, and
other purposes.
Section 1. Be it enacted by the General Assembly of the ^p0p0gopriates
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the sum of two thousand dol-
4
1860-61. Chap. 2.
lars l)e, and the same is hereby appropriated ont of any
money in the treasury not otherwise appropriated, for the
purpose of finishing the buildings and other improvements
authorized to he created [erected,] and made by an act of the
General Assembly, passed at the session of 1858-59, enti¬
tled an act to enlarge and improve the buildings of the asy¬
lum of the deaf and dumb and the blind, and for other pur¬
poses, and that the president of the board of directors be
authorized and empowered to draw upon the public trea¬
surer for the same, which sum shall [be] expended under
the supervision of the directors in the completion of the
improvements already begun in the building of the insti¬
tution ; Provided, however, That not more than one thou¬
sand dollars shall be called for in any period of three
months.
Appropriates Sec. 2. Be it further enacted, That the sum of one hun¬
dred dollars be and the same is hereby appropriated out
of any money in the treasury not otherwise appropriated,
for the purchase of books for the use of the institution,
and that the president of the board of directors be author¬
ized to draw upon the public treasurer for the same, and
when drawn it shall be expended under direction of
the president of the board of directors and the principal
of the institution in the purchase of suitable books for the
institution.
Appropriates gEc. 3. Be it further enacted, That the sum of nine hun¬
dred dollars be and the same is hereby appropriated out
of any money in the public treasury not otherwise appro¬
priated, for the purpose of enabling the board of direct¬
ors of the said institution, to establish, in connection with
the institution, a department for teaching a portion of the
pupils the trade of book binding, which sum the president
of the board of directors is hereby authorized to draw
from the public treasury, when the board of directors shall
have established the said department, and shall direct the
same to be drawn.
registration of gEc. 4. Be it further enacted, That it shall be the duty
PeafMuU'sand n ... . . ' i
Blind children, of the district committees of common schools in each
county to report to the chairman of the board of super-
1860-61. Chap. 2—3.
5
intendents of common schools for their county, the num¬
ber of deaf mutes and blind children between the ages of
five and twenty-one.
Sec. 5. Be it further enacted, That it shall be the duty 2tto110
of the chairman of the board of superintendants of com¬
mon schools for each county, to reportr to the principal of
the institution for the deaf and dumb and the blind, on
or before the first day of September in each and every
year, the number of deaf mutes and blind children in his
county, between the ages of five and twenty-one years,
and that the said chairman shall procure and furnish all
indigent deaf mutes and. blind children who are entitled to
receive.the same, the certificate now required by law to
entitle them to admission into the institution as State
pupils.
Sec. 6. Be it further enacted, That the principal of the **
institution for the deaf and dumb and the blind be re¬
quired to furnish to the chairman of the board of super¬
intendants of each county such blanks as may be necessary
for the above purpose.
Sec. 7- Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the — day
of February, 1861.]
an act concerning the insane asylum op north carolina. Chap. 3.
Section 1. Be it enacted by the General Assembly of the appropriation
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the public treasurer of the
State be and he is hereby authorized and required to pay
to the order of the executive committee for the insane
asylum, out of any money in the treasury not otherwise
appropriated, such sums of money from time to time du¬
ring the years 1861 and 1862 as may be necessary for the
support and maintenance of the asylum during the years
aforesaid; Provided, That the aggregate amount for each
year shall not exceed the sum of twenty-five thousand
dollars, (|25,000.)
6
1860-61. Chap. S.
For enclosure. Sec. 2. Be it further enacted, That the sum of five thou¬
sand dollars is hereby appropriated for the sole and exclu¬
sive purpose of erecting a wall around the lands of the
asylum—this amount shall he paid to the order of the
directors of the asylum by the State treasurer in bonds of
the State, payable thirty years after date, and taken at
their par value, and the treasurer of the State is hereby
authorized and required to issue the bonds of the State,
coupons attached to their amount.
SS#2£nded ®EC* ~^e ^ fur^ier enacted, That the directors are-
hereby authorized to draw out of the public treasury an
unexpended balance of five thousand dollars of last year'a
appropriation, and this sum, together with the similar
sum proposed to be raised by the 2d section of this act,
shall be added to the sum of ten thousand dollars, ($10,-
000) now in the hands of the directors, and this wholo
amount of twenty thousand dollars shall be devoted to
the sole and exclusive purpose of building such a wall as
it will pay for on the west side of the main building, ac¬
cording to the provisions of the act of 1858 and 1859,.
sec. 10, chap. 2d.
SBto6pay.0xm" Sec. 4. Be it further enacted, That if any county shall
fail for the space of one year after the same is due, to pay
the amount required by law for the support of its indigent
insane, the president and directors of the literary fund of
North Carolina shall direct out of the shares of such
county in the common school fund next to be distributed
the amount thereof, and pay the same to the public treas¬
urer ; Provided, That nothing herein contained shall be-
construed into a repeal of any law now in force for tho
collection of such sum from the justices of the said county,
and if such sum shall afterwards be collected and paid,
it shall be added to the school fund due said county for
the next year; Provided, further, That it shall be tho
duty of the superintendant to notify the public treasurer of
all delinquencies, and the treasurer shall thereupon draw
the amount from the literary fund as above said [stated.^
iwton! *o.Di" Sec. 5. Be it further enacted, That the board of direct¬
ors, in conjunction with superintendant, are hereby
1860-61. Chap. 3-4—5.
authorized to expend ah amount not exceeding eighteen
hundred dollars in buying hooks, making constructions,
and improving the grounds in front of the building, as
suggested in the report of the committee on the insane
asylum, made to this present General Assembly ; Provi¬
ded, That this amount shall exist as a surplus in the
hands of the treasurer of the asylum over and abov9 the
required amount to support the institution during the
years 1861 and 1862.
Sec. 6. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 20th
day of February, 1861.]
BANKS.
an act for the relief of the banks and the people. chap. 4
Be it enacted by the General Assembly of the State of suspends epe
North Carolina, and it is hereby enacted by the authoritycie paymenU
of the same, That all laws, and parts of laws, imposing
any penalty or penalities, forfeiture or forfeitures, in any
manner or form whatever upon the hanks of this State or
any of them, in case of a failure by them, or either of
them, to redeem their notes, or discharge their other lia¬
bilities in specie, he and the same are hereby suspended in
their operation until the General Assembly shall other¬
wise direct; Provided, that said banks, or any of them,
while in a state of suspension, shall not curtail the ag¬
gregate amount of their discount.
Be it further enacted, That this act be in force from and
immediately after its ratification. [Ratified the 24th day
of November, 1860.
AN act to repay, the banks moneys improperly collected n-, k
from them. b'
Section 1. Be it enacted by the General Assembly of repay* moneya
the State of North Carolina, and it is hereby enacted by the
authority of the same, That the public treasurer be and is
8
1860-'61. Chap. 5—6.
hereby directed to pay to the several hanks of this State
all sums of money collected by him improperly from the
aforesaid banks, under the act passed 2nd February,
1857, out of any moneys that may be in the treasury not
otherwise appropriated.
Sec. 2. Be it further enacted, That this.act be in force
from and after its ratification. [Ratified the 29th day of
January, 1861.]
COUNTIES.
Chap. 6. an act to lay off and establish a new county by the
name of clay.
limit*. Section 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 a new county is hereby laid
off and established, to be formed out of a portion of Chero¬
kee county, bounded as follows: beginning at the south¬
east corner of Cherokee county on the Georgia line, thence
to run in a northern direction along the top of the Chunck-
ey Gal mountain with the Macon line, between Shooting
creek and Nantahala river to the top of the highest moun¬
tain, between Fiar's creek and Yalley river; thence in a
south-west direction along the top of the highest moun¬
tain, between Fiar's creek and peach tree to the Hiwassee
river at the old missionary mill shoal, thence across the
Hiwassee river, thence a southward direction, so as to
strike the point of the ridge that divides the waters of
little Brasstown creek and big Brasstown creek, then
southward to the point of the ridge, thence along the
highest point of the ridge between little Brasstown and
pine log to the Georgia line, thence east with the Georgia
line to the beginning.
Fowera. Sec. 2. Be it further enacted, That the said county of
Clay be and is hereby invested with all the rights and immu¬
nities of the other counties in this State, except a member
1860-61 Chap. 6—7.
9
in the House of Commons, which is not to he allowed
until the next apportionment in the year 1872.
Sec. 3. Be it further enacted, That the citizens included Liabilities,
in the proposed new county shall pay their proportionable
part of the debts now contracted, and owing by the county
of Cherokee.
Sec. 4. Be it further enacted, That all the moneys here- Sch001 Fand*
■after due to Cherokee county for common school purposes
shall, after the organization of Clay county, he divided be¬
tween the counties of Clay and Cherokee, according to
the federal population in each county, any law to the con¬
trary notwithstanding. [Ratified the 20th day of Febru¬
ary, 1861.]
an act supplemental to an act passed at the present (jjiapt 7,
session of the legislature entitled "an act to establish
the county of clay."
Section 1. Be it enacted by the General Assembly of the powers.
State of North Carolina, and it is hereby enacted by the
authority of the same, That the county of Clay shall he
and is hereby invested with all the rights, privileges and
immunities of the other counties in this State, except as
hereinafter provided.
Sec. 2. Be it further enacted, That the justices of the justices, ac,
peace and officers of militia, who reside within the limits
of the county of Clay shall continue to hold and exercise
all the official powers and authorities in and for said
county, that they have hitherto held and exercised in the
county of Cherokee.
Sec. 3. Be it further enacted, That the constables now constable*,
residing in the county of Clay shall continue to hold their
offices and perform all duties appertaining thereto, until
the first term of the court of pleas and quarter sessions
to he held for said county, under the same rules, regula¬
tions and penalties as constables are subject to in other
counties of this State.
2
10
1860-61. Chap. 7.
Representation gEC< 4. Be it jurtiter enacted, That the counties of"
Cherokee and Clay shall continue to be represented in
the General Assembly as heretofore, and in the name of"
Cherokee County until the legislature, at a future session,
shall otherwise direct, and all elections for members of
Congress and both branches of the General Assembly
shall be held by the Sheriff or other returning officers of*
the county of Cherokee at the time and places, and under
the same rules, regulations and restrictions as have been
appointed, or hereafter may he appointed by law, and the-
certificate of said sheriff or other returning officer to the
result of such elections shall be valid and effectual to all
intents and purposes, as if the act establishing the coun¬
ty of Clay had never been passed.
Courts,-when Sec. 5. Be it further enacted, That a court of pleas and
quarter sessions shall be held and the same is hereby
established in and for said county of Clay, to be held by
the justices of the peace of said county; the first term of"
said court to be held on the last Monday in May, the sec¬
ond on the last Monday in August, and the third on the-
last Monday in November, and regularly thereafter; the
terms of said court shall be held on the last Mondays in
February, May, August and November, in each and every
year, and the first term of said court shall be held at the
Methodist church near Fort Hemhree in said county, and
thereafter at such place in said county as the court may
direct, until a court house shall be built in said county,
and the seat of justice in and for said county shall be-
located ; and at the first term of said court a majority of
the acting justices of the peace being present, they shall
elect a clerk for said court, a sheriff, coroner, register, en¬
try taker, surveyor, constable and all other officers for said
county, who shall enter into bonds as now required by
law, and shall continue in office until successors to them
are duly chosen and qualified according to the acts of the-
General Assembly in such case made and provided.
jurisdiction. Sec. 6. Be it further enacted, That the court of pleas
and quarter sessions established by this act shall possess
and exercise the same powers, authority and jurisdiction*
1860-61. Chap. 7.
11
as are possessed and exercised by other courts of pleas
and quarter sessions in this State, and shall have exclu¬
sive jurisdiction of all crimes committed within the county
of Clay, of which the courts of pleas and quarter sessions
of other counties in this State have jurisdiction, and all
suits at law now pending in the court of pleas and quar¬
ter sessions of Cherokee county wherein the citizens of
Clay county are both 'plaintiffs and defendants, and all
indictments in said last named court against the citizens
of Clay county, shall be transferred to the court of pleas
and quarter sessions of Clay county in the manner now
provided for transferring suits from one county to another.
Sec. 7. Be it further enacted, That all criminal offences criminal offem-
which may be committed in said county of Clay which rfes
are cognizable only in the superior courts, shall be and
continue under the jurisdiction of the superior court of
said county of Cherokee until a superior court shall be
established in and for said county of Clay.
Sec. 8. Be it further enacted, That until a superior court civil suits im
shall be established for said county of Clay, the citizens Courts,
of said county of Clay may sue and be sued in the superior
court of Cherokee county as they might have sued and
might have been sued before the passage of this act, and
all appeals from the judgments, orders and decrees of said
court of pleas and quarter sessions of Clay county shall
be taken to the superior court of Cherokee county in the
same manner as now provided by law for appeals from
the county to the superior courts in this State, until a su¬
perior court shall be established for said county of Clay.
Sec. 9. Be it further enacted, That all persons who may imprisonment,
be liable to imprisonment under any process, either crim¬
inal or civil, in Clay county, before the completion of a
public jail in said county, shall be committed to the jail
of Cherokee county.
Sec. 10. Be it further enacted, That at the first term of Bumy 8Dd,
the court of pleas and quarter sessions in said county of plat*
Clay, the justices of the peace holding said court shall
appoint one or more suitable persons to make a survey
and plat of said county of Clay, he or they first taking an
12
1860-61. Chap. 7.
oath before some acting justice of the peace for the faith¬
ful discharge of his duty.
County Bite. Sec. 11. Be it further enacted, That Burton K. Dickey,
William Walker, Drury Weeks, Plessent Henry and C.
T. Rodgers, of the county of Cherokee, be and they are
hereby appointed commissioners to select and determine
a site for the permanent seat of justice for said county,
and they shall locate the same as nearly as may be at the
centre of said county, having in view the convenience and
interest of the people of the county, and all or a majority
of said commissioners shall have power to act. And when
they shall have located said seat of justice, then it shall
be the duty of Ezekiel Brown, James Coleman, R. B.
Chambers, Will. M. Sanderson, George Bristol and John
H. Johnston, or a majority of them, to purchase or receive
by donation for the county of Clay, a tract of land con¬
sisting of not less than twenty-five acres, to be conveyed
to the chairman of the court of pleas and quarter sessions
of said county and his successors in office, which land
when so purchased or donated, shall be deemed to be held
by said chairman and his successors absolutely in fee sim¬
ple for said county of Clay, upon which tract of land a
town shall be laid off and called " Hayesville," where the
court house and jail shall be erected, and where, after the
completion of the court house, the courts of said county
shall be held, and the clerk's, register's and entry taker's
offices shall be kept.
F&iiure of Com- Sec. 12. Be it further enacted, That in case any of said
missioned to commigsioners shall fail to act for any cause, the court of
pleas and quarter sessions shall, at the first or any subse¬
quent term of said court, a majority of the justices of the
peace of said county being present, proceed to fill such
vacancy, and if either class of said commissioners shall
fail to agree, and be equally divided in opinion as to any
matter they may have in charge, they, or a majority of
them shall have power to choose an umpire, whose decis¬
ion shall be final, and said county court shall make such
allowance to said commissioners for their services as it
may deem just and proper.
1S6CM61. Chap. 1.
Sec. 13. Be it further enacted, That as soon as the said Court House,
county site is fixed, the county court may cause to he
erected thereon a temporary court house in which the
courts of said county shall he held until the permanent
court house is finished.
Sec. 14. Be it further enacted, That said commissioners town Lots to
appointed to purchase or receive hy donation a tract of 6 8°1<l
land for the county of Clay, shall lay off the lots of said
town of " Hayesville," and after designating such as shall
he retained for public uses, shall expose, after due notice,
the residue to sale hy public auction, upon a credit of one,
two or three years, and shall take from the purchasers
bond and security for the purchase money, payable to the
chairman of the court of pleas and quarter sessions,
and his successors in office; and upon the payment of the
purchase money, the chairman of said court, or his suc¬
cessor in office, shall execute title therefor, and the deed
made hy said chairman shall be deemed and held to con¬
vey the absolute fee simple title to such lot or lots to the
purchasers, and the money arising from the sale of said
lots shall be applied to the building of a court house and
jail.
Sec. 15. Be it further enacted, That nothing in this act sheriff to col-
shall he so construed as to prohibit or prevent the sheriffleot mone^
of Cherokee county from collecting such moneys as are
due, or may become due, on any judgment before the first
term of the court of pleas and quarter sessions for said
county of Clay shall he held.
Sec. 16. Be it further enacted, That the court of pleas comm<BSiOIiers,
and quarter sessions shall at its first or any subsequent House.* Conrt
term, appoint three commissioners who shall have full
power to contract for the building of a suitable court
house and jail for said county, to be constructed of brick
or stone, and of such size and dimensions, and upon such
plan as said commissioners shall determine upon, tbey
being required to take bond and approved security from
the contractors for the faithful executiou of the work, and
when said buildings are completed, and received by said
commissioners, they shall apply the proceeds of the sale
1860-61 Chap. 7—8.
of said town lots, or so much thereof as may "be necessary,
to the payment of the debt created for the same, and if
the proceeds of the sale of said lots shall he insufficient
to pay said debt, it shall he the duty of the court of pleas
and quarter sessions to levy a tax as in other cases, to
make up such deficiency; Provided, nevertheless, That
said commissioners, if they deem it proper so to do, may,
as the work progresses in the construction of said court
house and jail, advance to the contractors a portion of the
price agreed upon.
Arrearage 0f Sec. 17. Be it further enacted, That this act shall not
he so construed as to prevent the sheriff or tax collector
of Cherokee county from collecting any arrears of taxes
that such officer could have collected before the passage
of this act, or any taxes that may he levied before the or¬
ganization of said county of Clay.
Sec. 18. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 25th
day of February, 1861.]
Chap. 8. AN ACT T0 LAY 0FF AND ESTABLISH A HEW COUNTY BY THE
NAME OF MITCHELL.
Limits. Section 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 a county by the name of
Mitchell shall he and the same is hereby laid off and es¬
tablished out of portions of Yancey, "Watauga, Caldwell,
Burke and McDowell counties with the following boun¬
daries : beginning at the top of Grandfather mountain,
thence with the top of the Blue Ridge to the Bear Wal¬
low Gap, thence to the Three Knobs, thence to Big Crahtree
creek, thence down said creek to Toe river, thence down
said river to the Tennessee line, thence with the Tennes¬
see line to Elk river, thence to place of beginning; and
the said county of Mitchell, when it is laid off and estab¬
lished, shall he, and it is hereby, invested with all the rights,
privileges and immunities with the other counties in this
State. [Batified the 16th day of February, 1861.]
1860-61. Chap. 9.
15
.an act supplemental to an act passed at the present ses- Chap. 9.
sion of the general assembly, entitled " an act to lay
off and establish a new county by the name of mitchell."
Section 1. Be it enacted by the General Assembly of the powers.
State of North-Carolina, and it is hereby enacted by the
»authority of the same, That the county of Mitchell shall
be and is hereby invested with all the rights of the other
-counties of this State, except as is hereafter provided.
Sec. 2. Be it further enacted, That all the justices of the Justices of the
peace and officers of the militia, and constables who reside ofacersand
within the limits of the county of Mitchell shall continue
to hold and exercise all the official powers and authorities
in and for said county that they have heretofore held and
-exercised in and for the counties of Yancey, McDowell,
Caldwell, Burke and Watauga, respectively; Provided3
That the authority given by this act to constables shall
cease and determine at the first county court to be held for
.said county of Mitchell, under the same penalties and
liabilities as they are now subjected to by law in other
■counties in this State.
Sec. 3. Be it further enacted, That the counties of Yan- Representation,
-cey, Watauga, McDowell, Burke and Caldwell shall con¬
tinue to be represented in the General Assembly as they
have heretofore been, and that all qualified voters taken
from said counties, shall continue to vote with the coun¬
ties to which they have heretofore been attached, until it
.shall be otherwise provided by law, and elections shall
be held until the first session of the General Assembly
which shall be had hereafter for members of both houses
of the General Assembly and for Congress, by the sheriff
or other returning officers of Yancey, Watauga, Caldwellj
Burke and McDowell counties, in all the territory hereto¬
fore comprised in said counties, at the times and places,
and under the same rules, regulations and restrictions as
have been made or may hereafter be made by law, and the
certificates of said sheriff or other returning officer to the
result of said elections, shall be as valid to all purposes as
if the county of Mitchell had never been established.
16
1860-61. Chap. 9.
Court of Pleas
and Quarter
Sessions.
Possess same
powers with
other County
Courts.]
Superior Court
oases tried in
Counties from
Which made
until Superior
Court establish¬
ed for Mitchell.
Sec. 4. Be it further enacted, That a court of pleas and
quarter sessions shall be held, and the same is hereby es¬
tablished in and for the county of Mitchell, to be held by
the justices for said county on the tenth Monday after the
fourth Monday in March, June, September and Decem¬
ber ; the first session of which shall be held at the house
of Eben Childs, on the tenth Monday after the fourth:
Monday in March, when the court aforesaid, a majority
of the justices being present, shall elect a clerk, a sheriff,
a coroner, a register and entry taker, a surveyor or sur¬
veyors, county solicitor, constables and all other officers-
for said county, who shall enter into bonds, as required
by law, and shall hold and continue in said offices until
successors to them are duly chosen and qualified according-
to the acts of the General Assembly in such cases made
and provided; and the said court at the first session may
appoint the place of its future sessions until a court house
shall be erected for said county.
Sec. 5. Be it further enacted, That the court of pleas
and quarter sessions established by this act, shall possess-
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 committed
in the county of Mitchell, of which other county courts
in the State have jurisdiction, until a superior court of law
is established for said county; and all suits of law now
pending in the county courts of said counties against the
citizens of Mitchell county shall be transferred to the
county court of Mitchell county, in the manner that suits
are now transferred from one county to another, and all
appeals from the county courts of Mitchell shall be sent
to the superior courts of Yancey or Watauga, at the dis¬
cretion of the courts of pleas and quarter sessions for said
county of Mitchell.
Sec. 6. Be it further enacted, That all criminal offences
which may be committed in the county of Mitchell, which
are cognizable in the superior courts of law only, shall be
and continue under the jurisdiction of Yancey, McDowell,
Watauga, Burke and Caldwell, as if the act erecting the
1860-61. Chap. 9.
17
county of Mitchell had never been passed, until a superior
court shall he established for the county of Mitchell.
Sec. 7. Be it further enacted, That all persons who may jaiis to-which
be liable to imprisonment under any process, civil or Committed!10 be
criminal, in Mitchell county, before the completion of the
jail therein, may be committed to the jails of Caldwell,
Burke, Yancey, McDowell or Watauga counties.
Sec. 8. Be it further enacted, That all process issued Court
from the superior courts of Yancey, McDowell, Burke,
Caldwell or Watauga counties, against any of the citizens
of Mitchell, shall be valid without the seal of office afore¬
said until a superior court is erected for Mitchell county,
and all process so issued after the tenth Monday after the
fourth Monday in March next, shall be directed to and
executed by the sheriff of Mitchell county.
Sec. 9. Be it further enacted, That Thomas Farthing, commissioners
of the county of Watauga, John W. McElroy, of Yancey, Beat.catecounty
Joseph Conley, of the county of McDowell, and Alonzo C.
Avery, of the county of Burke, and David Proffitt, of the
county of Yancey, John Harden, of Watauga, and James
Bailey, sen., of Yancey county, be and they are hereby
appointed commissioners to select and determine upon a
permanent seat of justice in said county, who shall locate
the same at such place as they may think best and most
convenient to a majority of the citizens of said county,
taking into consideration also the extent of territory; and
said commissioners are authorized to purchase or other¬
wise procure a tract of land not less than fifty acres,
whereon which said site shall be located, the title of
which shall be made to the chairman (pf the county court
of Mitchell county and his successors in office, to the use
of said county.
Sec. 10. Be it further enacted, That said commissioners, whencommis-
' sionera shall
at some day between the first of May and the first ofme8t-
June next, [be required] to meet together and select a site
for said town,*and a majority of said commissioners shall
have power to select said site, for which they shall be
compensated by the county court of Mitchell by the pay¬
ment of not less than one dollar and fifty cents per day;
3
IB
1860-61. Ciiap. 9.
Provided, They shall not be engaged therein more than
four days; and if more than that time is consumed they
shall he paid at the discretion of the court, a majority of
the justices being present.
^Syoff'iou* Sec. 11. Be it further enacted, That Tilmon Blalock,
J. A. Person and Ebbeti Childes, and Jordan Harden be
and they are hereby appointed commissioners to lay off
the lots of said town, and said town shall be called and
known by the name of Calhoun.
Lotti to be «old. Sec. 12. Be it fur'her enacted, That said commissioners,
after designating such as shall be retained for public uses,
after advertising thirty days in such manner and at such
places as said commissioners shall think proper, shall ex¬
pose to public sale, to the highest bidder, said lots, upon
a credit of one and two years, and shall take bonds and
approved security for the purchase money, payable to the
chairman of the county court and hi* successors in office;
and when said money shall be paid, the chairman or suc¬
cessor aforesaid shall make title to the lots aforesaid to
the purchaser, his heirs or assigns, which money, or so
much thereof as may be necessary, shall be appropriated
to the construction of the public buildings.
Sheriffs of coon- Sec. 13.- Be it further enacted. That nothing herein con-
ties from -which J °
to^nJ°®011'■«* tained shall prevent the sheriff of the different counties
arrears 01 taxes, 1
from which the county of Mitchell is taken, from the col¬
lecting of all such taxes as have ben heretofore laid by
the county courts of said counties before the first day of
January, 1861; and the county court of said Mitchell
county shall, at its first session, a majority of the justices
of said county being present, have lull'power to lay taxes
for all purposes necessary to carry tins act into full op¬
eration, and to give to the county of Mitchell all rights,
privileges, powers and immunities which other counties in
this State may have. [Latifedthe 20 Ji day <f February,
1861.]
1860-61. Chap. 10—11^
19
AN. ACT TO LAY OFF AND ESTABLISH TRANSYLVANIA COUNTY. cm- io.
Section 1. Be it enacted by the General Assembly of the j^tBofCoun-
JState of North-Carolina, and it is hereby enacted by thety'
authority of the same, That a county by the name of Tran¬
sylvania he laid off and established out of the counties of
Henderson and Jackson yith the following boundary, to
wit: beginning at the standing stone, on the South Caro¬
lina line, near the head waters of Green river and Little
river, and runs with the Blue Kidge to Green river gap,
thence a straight line to the top of Hickory mountain,
thence a straight line to the top of the mountain, west of
William Sintel's, thence with the main ridge to the top of
the high point on the mountain near the Hadden farm,
thence a straight line to the mouth of the branch between
the Hadden and Justus farms, thence down the French
broad river to the mouth of Bryson's creek, thence a
straight line to the top of Pisgah mountain, thence a west,
direction with the Haywood line to the Jackson line to a
point on the BlueBidge between the head of Indian creek
and Toxaway, and running with the dividing ridge between
Indian creek and Toxaway river to said river, thence south
to the South Carolina line, thence with the South Carolina
line to the beginning.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 15th
day of February, 1861.]
AN ACT SUPPLEMENTAL TO AN ACT PASSED AT THE PRESENT SESSION OF QJyyp pj
THE GENERAL ASSEMBLY, LAYING OFF AND ESTABLISHING THE COUN¬
TY OF TRANSYLVANIA,
Section 1. Be it enacted by the General Assembly of the Rigtta, prm-
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the county of Transylvania
be and is hereby invested with all the rights, privileges
and immunities of the other counties in this State, except
as is hereinafter provided.
20
1860-61. Chap. 11.
PeaceandfMut Sec. 2. Be it further enacted, That all the justices of the
co^tSuerint0of- Peace and officers of the militia, who reside within the
fice* limits of the county of Transylvania, shall continue to
hold and exercise all the official powers and authority in
and for said county that they have heretofore held and
exercised in and for the counties of Henderson and Jack¬
son respectively,
Constables to Sec. 3. Be it further enacted, That the constables now
hold their offi- . J ' -in
<*»• residing in the county of Transylvania, shall continue to
hold their office, and perform all duties appertaining
thereto, until the first county court to be held for 'said
county, under the same rules, regulations and penalties
as constables are subject to in other counties of this State.
Representation. Sec. 4. Be it further enacted, That the counties of Hen¬
derson and Jackson shall continue to be represented in
the General Assembly of the State of North Carolina, as
they have heretofore been, and that all the qualified voters
taken from said counties of Henderson and Jackson shall
continue to vote with the counties to which they hereto¬
fore belonged, until a future legislature shall otherwise
provide and direct, and elections shall be held for mem¬
bers of both houses of the General Assembly and of Con¬
gress, by the sheriff or other returning officers of Hen¬
derson and Jackson counties, in all the territory hereto¬
fore comprehended in said counties at the times and places,
and under the same rules and regulations and restrictions
as have been made, or hereafter may be made by law, and
the certificates of said sheriffs or other returning officers
to the result of said elections shall be as valid and effec¬
tual, to all intents and purposes, as if the act of laying off
and establishing the county of Transylvania had never
been passed.
court of^pienii Sec. 5. Be it further enacted, That a court of pleas and
Sessions. quarter sessions shall be held, and the same is hereby
established in and for the county of Transylvania, to be
held by the justices for said county on the third Monday
of February, May, August and November. The first ses¬
sion of which shall be held at the house of B. C. Lankford,
on the third Monday of May next, when the court afore-
1800-61 Chap. 11.
21
said, a majority of the justices of the said county being
present, shall elect a clerk, a sheriff, a coroner, a register
and entry taker, a surveyor, constable, and all other offi¬
cers for said county, who shall enter into bond, as required
by law, and shall hold and continue in said offices until
successors to them are duly elected and qualified, accord¬
ing to the acts of the General Assembly, in such cases
provided; and 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, That the court of pleas ShaiihaveBsma
. in powers with
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 committed within Transylvania county, of which
the county courts have jurisdiction until a superior court
of law is established for said county; and suits at law
now pending in the county courts of Henderson and
Jackson, whenever the citizens of Transylvania county
are both plaintiff and defendant, and all indictments in
the county courts of Henderson and Jackson against cit¬
izens of Transylvania shall be transferred to the county
court of Transylvania, in the manner now provided for
transferring suits from one county to another, and all ap¬
peals from the county court of Transylvania shall be sent
to the superior court of Henderson.
Sec. 7. Be it further enacted, That all criminal offences superior Court
which may be committed in the county of Transylvania,ormunal ca8eB*
which are cognizable only in the superior courts of law,
shall be and continue under the jurisdiction of the supe¬
rior courts of Henderson and Jackson, as if the act es¬
tablishing the county of Transylvania had never been
passed, until a superior court shall be appointed for the
county of Transylvania.
Sec. 8. Be it further enacted, That all persons who may Prisonew^tofc®
be liable to imprisonment under any process, either civil the^iof Hea-
or criminal, in Transylvania county, before the comple-
22
1860-61. Chap. 11.
tion of the jail therein, may he committed to the jail of
Henderson county.
Buperior Court Sec. 9. Be it further enacted, That all process issued
process. from the superior court of Henderson or Jackson, against
any of the citizens of Transylvania, shall he valid, with¬
out the seal of office affixed, until a superior court is es¬
tablished for the county of Transylvania, and all process
so issued, after the third Monday of May next, shall he-
directed to the sheriff of Transylvania county, and exe¬
cuted by him.
commissioner* Sec. 10. Be it further enacted, That James L. Linyard,
tywat6 Coun Joseph Bryent, George Orr, T. W. Johnston, and Col.
Joseph Hamilton, of Transylvania, and A. Henry, of
Henderson county, he and they are hereby appointed
commissioners to select and determine upon a site for a
permanent seat of justice in said county, who shall locate
the same at such place as they may think hest and most
convenient to a majority of the citizens of said county,
whiph site shall he called Brevard, and shall he located
within five miles of W. P. Poor's store; and said com¬
missioners are hereby authorized and empowered to pur¬
chase, or jeceive hy donation, a tract or parcel of land,
not less than fifty acres, upon which the said site shall he
located, the title of which land shall he made to the chair¬
man of the county court and his successors in office, for
the use and benefit of said county,
mien Oommii. Sec. 11. Be it further enacted, That it shall he thedutjr
mm of the commissioners before mentioned, at some day be¬
tween the tenth of May and the tenth of June 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 make said selection, for which service-
they shall he entitled to receive such compensation as the
county court of Transylvania may allow.
OommiBBione» ®EC* Be it further enacted, That James Killian, W.
Soinotif *ad I*001* an(l Charles Patton he and they are hereby ap¬
pointed commissioners to lay off the lots of said town, and
after designating such as shall he retained for public user
after an advertisement of thirty days, in such. manner,
1860-61. Chap. 11.
23
and at such places as said commissioners may think pro¬
per, may expose to public sale and the highest bidder,
said lots, or as man}' as they may think proper, upon a
credit of one or two years, and shall take from the pur¬
chaser or purchasers bonds with approved security for the
purchase money, payable to the chairman of the county
court and his successors in office; and upon the payment
of the purchase money the chairman, or his successor in
office, shall execute title therefor ; which money, or so
much thereof as may he necessary, shall be appropriated
to the building of the court house and jail.
Sec. 13. Be it further enacted, That nothing herein fereonandHen*
contained shall be so construed as to prevent the sheriffs kctkSarrearB0<S
of Henderson county and Jackson county from collectingtaxes#
all arrearages of taxes in the same manner as they could
have done previous to the establishing of Transylvania
county.
Sec. 14. Beit further enacted, That the taxes for the taxes for imi.
year 1861, for county purposes, shall be collected by the
sheriffs of Henderson and Jackson, and paid respectively
to their counties, as if this act establishing Transylvania
had not been passed; and the superintendants of common
schools of the counties of Henderson and Jackson are
hereby authorized to pay over to the school districts that
were included in their respective counties, the amount of
money that said districts may be entitled to for the year
1861.
Sec. 15. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 15th
day of February, 1861.]
24 1860-61. Ohap. 12—13.
COURTS.
Ohwp. 12. AN ACT TO REPEAL AN ACT PASSED AT THE SESSION OP 1858-9, ENTI¬
TLED " AN ACT GRANTING TO THE SUPERIOR COURT OF BURKE COUN¬
TY ORIGINAL AND EXCLUSIVE JURISDICTION OF ALL CRIMINAL CAUSES
AND STATE PROSECUTIONS WHERE THE INTERVENTION OF A JURY MAY
BE NECESSARY."
Repeals former
Act" Sec. 1. Be it enacted by the General Assembly of the State
of North Carolina, and it is hereby enactedby the authority
of the same, That an act, passed at the session of the
General Assembly of 1858-9, entitled " an act granting
to the superior court of Burke county original and exclu¬
sive jurisdiction of all criminal causes and State prosecu¬
tions where the intervention of a jury may be necessary/'
be, and the same is hereby repealed.
Court of Pleas n « v» .. /» .7 T mi . p 1
to have juris- Sec. I. Be it further enacted, That the court of pleas
diotion. _ . _
and quarter sessions of the county of Burke shall have
and exercise the same jurisdiction in criminal causes and
State prosecutions as the said court had and exercised
before the passage of the said act which is hereby repealed.
Sec. 3. Be it further enacted, That this act shall be in
force and take effect from and immediately after its rati¬
fication. [Ratified the 20th day of December, 1800.]
Chap. 13. AN ACT CONCERNING COURTS OF OYER AND TERMINER.
Sec. 1. Be it enacted by the General Assembly of the State
Courts of Oyer » ,7 7. 7 .. . 7 7 77 7 7 .
wad Terminer of North Carolina, and it is hereby enacted by the authority
diction in cer- of the same, That in all cases where any slave or slaves is
tain ctneB. J ' .. 7 .7.7
or are under arrest or in prison, and not indicted, as well
as when he, she or they is or are indicted for any of the
crimes mentioned in the 41st section of the 107th chapter
of the Revised Code, courts of oyer and terminer shall
have jurisdiction try such slave or slaves, and the pre¬
siding judge may issue an order for a special venire of
jurors, out of which a grand jury shall be empannelled,
when and if necessary; and the remainder, or those not
required as a grand jury, summoned under the special
1860-61. Chap. 13—14.
25
•order, shall serve as pettit jurors, unless excused there¬
from ; and such grand jury shall have full power and au¬
thority to find hills of indictments against all such slaves
so under arrest or imprisoned for such crimes, whether
then standing indicted or not heretofore indicted; and
the presiding judge shall and may proceed to try, con¬
tinue, or remove such indictments, whether formerly found,
or found during the term of such courts; such continu¬
ance or removal to be regulated by the" same rules as
govern continuances and removals had at the general
terms of the superior courts of law.
Sec. 2. Be it further enacted, and it is hereby enacted by Pay of Judge.
the authority aforesaid, That for each week in which a
judge shall hold such courts, he shall receive the sum of
$90, (ninety dollars.) %to be paid by the State treasurer,
on a proper certificate of the clerk thereto.
Sec. 3. Be it further enacted, and it is* hereby enacted by Repeals 85th
the authority aforesaid, That this act shall not be affected cod£f<»ap?1&
by the 85th section of the Revised Code, chapter 52, but
shall take effect as if such section had never existed, or
was now repealed.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its passage. [.Ratified the 17th day
of January, 1861.]
AN ACT TO ABOLISH JURY TRIALS IN THE COURT OP PLEAS AND QUARTER Qhap. 14.
SESSIONS OP POLK COUNTY.
Section 1. Be it enacted by the General Assembly of the Repeals former
State of North-Carolina, and it is hereby enacted by the Act"
authority of the same, That an act passed at the session
of the General Assembly 1858-9, entitled an act to repeal
an act entitled an act to abolish jury trials in the county
courts of Polk county be and the same is hereby repealed.
Sec. 2. Be it further enacted, That all suits now pend- Suits to *©
trdnsforrsd to
ing in the court of pleas and quarter sessions of said coun- superior court,
ty which may require the intervention of jury, be trans¬
ferred to the superior court of said county, and that the
4
1860-61. Chap. 14—15—16.
clerk of the court of pleas and quarter sessions shall make
out a transcript of said cases, and deliver to the clerk of
the superior court, and by him entered upon the docket,
MnPflictinglawa ®EG- 3. Beit further enacted, That all laws and clauses
of laws coming in conflict with this act be and the same
are hereby repealed.
Sec. 4. Be it further enacted, That this act shall be in.
force from and after its ratification. [Ratified the 25th
day of February, 1861.]
Chap. 15. AN ACT TO COMPEL THE READING OF THE MINUTES OF THE PRECEDING
DAY EVERY MORNING DURING THE SITTINGS OF THE SUPERIOR AND
INFERIOR COURTS.
Minutes of pre- Section 1. Be it enacted by the General Assembly of the
ceding day to ...
be read each State of North-Carolina, audit is hereby enacted by the
morning. , ' . .
authority of the same, That every morning during the
term of the respective superior courts and courts of pleas
and quarter sessions throughout the State, the court pre¬
siding shall order the reading of the minutes of said
courts for the day preceding, and the minutes of the last
day shall be read immediately preceding the final ad¬
journment of said term. [Ratified the 25th day of Febru~
ary, 1861.]
Chap. 16 AN ACT T0 AB0LISH JURY TRIALS IN THE COURT OF PLEAS AND QUARTER
SESSIONS OF WATAUGA COUNTY.
abolishes jury Section 1. Be it enacted by the General Assembly of the
trial#. State of Forth-Carolina, and it is hereby enacted by the
authority of the same, That after the seventh Monday
after the fourth Monday in December, A. D. 1860, jury
trials in the court of pleas and quarter sessions in Watau¬
ga county be and the same are hereby abolished.
Transfers jury Sec. 2. Be it further enacted, That it shall be the duty
rior Courts?0 of the clerk of said court to make out a transcript of all
1860-61 Chap. 16—IT.
suits pending in said courts when 'the intervention of a
jury is necessary, and by the 1st day of August next to
deliver the same to the clerk of the superior court of said
county, together with all papers relating to said suits; and
it shall be the duty of said clerk of the superior court to
enter the case aforesaid upon the docket of the superior
court, observing the order of precedence of each suit as
indicated by its number.
Sec. 3. Be it further enacted, That whenever aq issue issues of fmid,,
e . n 1 • , ,. n etc., transferred
ot devisavit, vel novo or fraud in any capias ad satisfa¬
ciendum, issue of bastardy, or any other question of fact
requiring the intervention of a jury, such issue shall, upon
being made up in the said court, be immediately trans¬
mitted to the superior court for trial, and any clerk fail¬
ing to perform the duties enjoined by this act shall be
deemed guilty of a misdemeanor.
Sec. 4. Be it further enacted, That after two years from Jury trials may
the passage of this act, the justices of said court of pleaB year°s?din tw
and quarter sessions, a majority of them being present,
shall have the power to restore jury trials in said court.
Sec. 5. Be it further enacted, That the provisions of Extends pro-
this bill [act] shall apply,-so far as they are applicable, to Ion.onst0 Jac3c"
the county of Jackson, from and after the third Monday
in March, A. D. 1861.
Sec. 6. Be it further enacted, That all laws coming in Repeals former-
conflict with this act, be and the same are hereby repealed.
[Ratified the 23d day of February, 1861.
CONVENTION.
AN ACT CONCERNING A CONVENTION OF THE PEOPLE.. Chap. '
Whereas, ( The present perilous condition of the coun-
try demands, in the judgment of this General Assembly,
that the sovereign people of this State should assemble in
convention to effect an honorable adjustment of existing
difficulties whereby the Federal Union is endangered,- or
otherwise to determine what action will best preserve the
28
1860-61. Chap. IT.
honor and promote the interest of North Carolina ; and
whereas, this General Assembly,, on matters of such grave
imports, involving the relation of North Carolina to her
sisters in the confederacy, is reluctant to adopt any settled
policy without the sense of the people, in whom, under
our government, all sovereignty resides, being first ascer¬
tained,
proclamation Section 1. Be it therefore enacted by the General Assem-
•ttonsrin2 ele°" °f ^ie Htcite of North Carolina, and it is hereby enacted
by the authority of the same, two-thirds of all the members of
each house concurring, That upon the passage of this act, the
Governor of the State be and he is hereby required to issue
a proclamation commanding the sheriffs of the respective
counties in the State to open polls at the several election
precincts in said counties, on the 28th day of February, A.
D. 1861, when and where all persons qualified to vote for
members of the General Assembly may vote for or against
a State convention, those who wish a convention, voting
with a printed or written ticket, " convention," and those
who do not wish a convention, voting in the same way,
" no Convention also to open separate polls at the said
time and places for the election of delegates to the con¬
vention to be assembled on such times as are hereinafter
provided; said polls to be superintended by inspectors
appointed by the sheriffs, with the advice of three jus¬
tices of the peace of the respective counties, who shall be
sworn according to the provisions of sec. 6, chap. 52, of
Revised Code. *
Sheriffs' Re- Sec. 2. Be it further enacted, That it shall be the duty
turns" of the sheriffs to make out duplicate statements of their
polls in their respective counties, on the question of con¬
vention and no convention, sworn to before the clerk of
the county court, one copy of which shall be deposited in
said clerk's office, and the other copy transmitted to the
Governor of the State, at Raleigh, under the same rules
and regulations, and under the same penalties as are pre¬
scribed in the case of the returns of the vote for electors
of President and Vice-President, as now prescribed by law,
immediately after said election.
1860-61. Chap. 17.
29
Sec. 3. Be it further enacted, That it shall he the duty f'^Yamatlon
of the Governor, as soon as he shall have received the re- g™tounoiDg re"
turns of the sheriffs, in the presence of the Secretary of
the State, Public Treasurer and Comptroller, to compare
the number of votes for and against a convention j and if
it shall appear that a majority of the votes polled are in
favor of a convention, he shall forthwith issue a procla¬
mation in such manner as he may think proper, summon¬
ing the delegates elected to said convention as aforesaid,
to convene in Raleigh, on such day as he may designate
in his said proclamation ; Provided, The day designated
be not earlier than the eleventh of March, and if a ma¬
jority of the votes polled are against a convention, the
Governor shall, in like manner, issue a proclamation of
that fact; and in that case the assembling of the said del¬
egates elected as aforesaid, under the provisions of this
act, is hereby declared to be illegal and of no effect.
Sec. 4. Be it further enacted, That the election for del- mode of holding
egates as aforesaid, shall be held and conducted in the electl0n8,
same manner as elections for members of the General As¬
sembly, and the vote shall be counted, and the scrolls
compared, and certificates issued in the same manner as
prescribed by law for members of the House of Commons.
Sec. 5. Be it further enacted, That if a vacancy shall Vacancies, how^
i . . n filled.
occur by the death, resignation or removal from the State,
or by the refusal to serve of any person elected delegate
as aforesaid, the presiding officer of the convention shall
issue his writ to the sheriff of the cpunty in which such
vacancy may have occurred, after such notice as the con¬
vention may order, to open a poll to fill such vacancy,
under the same rules and regulations as hereinbefore pre¬
scribed for the election of delegates.
iSec. 6. Be it further enacted, That the said convention Number and
shall consist of one hundred and twenty delegates, and of defecates!8
each county shall be entitled to the same number of del¬
egates as members of the House of Commons under the
last appointment [apportionment.]
Sec. 7. Be it further enacted, That the mileage and per compensation,
diem pay of delegates to said convention shall be the saipe
1860-61. Chap. 17.
•Officers, etc.
lowers, etc.
•Submitted to
.people.
©isqualifica-*
tiona.
as that of members of the General Assembly, to be paid
in the same manner ; and said convention shall have
power to fix the pay of all its officers and of any repre¬
sentative to any convention or State, and shall provide for
other expenses to be paid out of the treasury, as it may
direct.
Sec. 8. Be it further enacted, That the said c invention
shall have power to elect its officers, and prescribe quali¬
fications for its members, not inconsistent with the true
intent of this act.
Sec. 9. Be it further enacted, That the said convention
shall have power to consider all grievances affecting North
Carolina as member of the confederacy, according to the
true intent and meaning of this act, the assent or dissent
of the people to the propositions herein contained being
respectively expressed by the vote, convention or no con¬
vention, at the time and in the mode hereinbefore provided.
Sec. 10. Be it further enacted, That no ordinance of
said convention shall have any force or validity until it
shall have been ratified by a majority of the qualified vo¬
ters for members of the General Assembly, to whom it
shall be submitted, according to the mode prescribed for
elections of members to the House of Commons, the assent
or dissent of the people hereto being expressed as in pre¬
ceding sections of this act.
Sec. 11. Be it further enacted, That no delegate elected
shall be permitted to take his seat in said convention until
he shall have taken and subscribed to the following oath
before any judge of the supreme or superior courts, or any
justice of the peace of Wake county, to wit: "I, A. B.,
do solemnly swear or affirm, (as tl^e case may be,) that I
will not do any act contrary to the act of the General As¬
sembly under which this convention is called ; and that I
will duly and faithfully discharge my duties as a member
of this convention, according to the best of my knowledge
and ability, so help me God."
Sec. 12. Be it further enacted, That this act shall be in
force from and after its ratification. [Batifed the 1 stday
of January, 1861.]
1860-61. Chap. 18—19.
31
CORONERS' BONDS.
AN ACT TO REQUIRE THE REGISTRATION OF CORONERS' BONDS. Chap, li
Be it enacted by the General Assembly of the State of Bonds to be
3 3 J . J registered.
North Carolina, and it is hereby enacted by the authority
of the same, That all official bonds of coroners hereafter
given, shall be duly proved,, certified and registered as
sheriffs' bonds are now required to be, and certified copies
of the same, from the register's office, shall be received
and read in evidence in the like cases, and in like manner
as such copies of sheriffs' bonds are now allowed to be read
in evidence. [Ratified the 23d day of February, 1861.
EDUCATION.
AN ACT CONCERNING COMMON SCHOOLS IN NORTH CAROLINA. Chap. 19
Section 1. Be it enacted by the General Assembly of the repeals certain
State of North-Carolina, and it is hereby enacted by the s'
authority of the same, That the 35th section of the 66th
chapter of the Revised Code of the State, and the 9th,
10th and 11th sections of chapter 11th of the acts of As¬
sembly of 1856-57, entitled an act concerning the common
schools in North Carolina, be and the same are hereby
repealed.
Sec. 2. And be it further enacted, That the district com- district Com-
. mittees, how
mittee of common schools, to consist of three persons as appointed,
heretofore, and each of whom shall be a qualified voter of
the State, shall be appointed in the following manner^ to
wit: The board of county superintendents of each county
6hall annually meet on the third Monday in April, and
select committees for the several districts of their respec¬
tive counties, in all cases where they have not been desig¬
nated in the manner hereinafter provided ; and it may be
lawful for a majority of the parents and guardians of the
children entitled to the benefits, of the common school
fund, and of the legal voters of every district to designate
by written petition, such persons as they desire for com-
32
18G0-61 Chap. 19.
mitteemen, whenever a majority of the parents, guardians-
and qualified voters without children so agree upon one
or more members of the committee for any district, and
state their preference in writing, signed with their names,
and present said writing or petition to the hoard of county
superintendants, on or before the third Monday of April,
the hoard shall appoint the persons so designated, and if
there he not three so named and preferred, shall select the
others; such petitions must he signed hy a majority of
those who constitute the whole number of parents, guar¬
dians and qualified voters of the district, each person
signing as parent, if he have children of the age to he en¬
titled to the benefits of the school fund, or as guardian,
if he he such, and if he have no children and he not &
guardian, as voter, no one being entitled to sign his name
more than once. If the children have no father living in
the district, the mother or guardian may sign such peti¬
tion ; and it shall he incumbent on the petitioners, or
some one of them, to prove that they constitute a majority
of the persons entitled to petition in the district. The
hoard of superintendants shall appoint in all other cases;
and when vacancies occur in the committees, after the an¬
nual meeting of the hoard, the chairman may fill them
until the next annual meeting.
complaints. Sec. 3. And be it further enacted, That whenever any
citizen or parent may consider him or herself aggrieved
hy a committee or any member of it, complaint may he
made to the hoard of superintendents, who shall hear
and decide on the case, and may remove committeemen
for violation or neglect of duty or unfitness for the office.
Tern of office. Sec. 4. And be it further enacted) That the term of office
of committeemen shall begin, as heretofore, on the first
Monday in May, and continue for one year, and until
others are chosen; and the clerks of county courts shall,
as formerly, furnish the sheriffs with a list of the com¬
mitteemen, and the sheriffs shall notify them under the reg¬
ulations and subject to the penalties prescribed in section
nine (9) of chapter twenty-seven of the acts of the Assembly
of 1858-59, entitled an act concerning common schools.
1860-61. Chap. 19.
33
Sec. 5. And be it further enacted, That for the purpose county super-
_ t1 7 i n ten dents, Dis>
oi rendering the school year more consistent and uniform, ^General'
it shall be arranged as follows, to wit: First, The hoards tendent^w"
of county superintendents shall be appointed under the JSStobT18"
regulations formerly established, and shall hold theirmade'etc"
office, as already prescribed by law, their 'term of office
beginning on the 3rd Monday of April and continuing
for one year, and until others are chosen. Second, The
chairman of the board of county superintendents shall be
appointed at the time and under the regulations already
established by law. Third, District committees shall be
selected, by the boards of county superintendents on the
third Monday in April in each year ; and persons in whose
behalf petitions have been presented, and on whom a ma¬
jority of parents, guardians and voters have united shall
be selected, and all such* petitions must be presented be¬
fore or on the 3rd Monday of April. Fourth, The chair¬
men of boards of county superintendents shall present
their financial statement and vouchers to the committees
of finance or clerks of the county courts, in the manner
required by the provisions of the 49th section of the 66th
chapter of the Revised Code, on or before the 4th Monday
in March. Fifth, The chairmen of the boards of county
superintendents shall make their reports to the general
Superintendent of the State, according to the provisions
of the said 49th section of the 66th chapter of the Revised
Code, and ui^der the penalties already prescribed by law,
on or before the third Monday in April in each year.
Sixth, And the general superintendent for the State shall
make his annual report as prescribed by the 58th section
of the 66th chapter of the Revised Code, on or before the
first Monday in July. And so much of sections 49 and
58 of the 66th chapter of the Revised Code as comes in
conflict with the provisions of this bill [act] be and they
are hereby repealed.
Sec, 6. And be it further enacted, That for the diffusion joymaiofedu-
^ ^ 7 cation to be
of necessary information among all the officers and teach- ^ o°fCcoraty
ers of the common schools, the superintendent for the ents?rLlltend"
{State be authorized to subscribe for a copy of " The North
34
1860-61. -Chap. 19.
Bill to be pub¬
lish ed in the
" Journal (if
Education."
Color of chil¬
dren.
Drafts.
Carolina Journal of Education," published under the aus¬
pices of the State educational association, for each chair¬
man of county superintendents, for each member of the
committees of examination, and for each common school
district; the copies for the districts to be sent hi-monthly,
or every two months, at half the cost of the monthly edi¬
tions, to be used by the committees, and filed in the district
school houses, and until the chairmen, send to the super¬
intendent the post offices of the committees, which they
are hereby required to do as far as possible, the copies for
said committees shall be sent to the chairman to be by
them distributed, and the cost of said subscriptions shall
be paid semi-annually, on the warrant of the Governor,
by the treasurer of the literary fund.
Sec. 7. And be it further enacted, That a copy of this
bill [act] shall be published in said Journal of Educa¬
tion as soon as said bill [act] becomqs a law, and that it
shall be the duty of the superintendent of common schools
for the State to prepare, as soon as possible, a new digest
of all the laws in force in relation to common schools in
the State, together with an index, notes and explanations,
and to publish the same in one of the bi-monthly num¬
bers of the said Journal of Education sent to all the
school districts, and that he cause five hundied extra
copies to be printed for ,the use of his office.
Sec. 8. Be it further enacted, That when questions shall
arise as to whether children are descended ^om negro
ancestors within the degrees that deprive them of the
benefit of the common school fund, the hoard of county
superintendents may and shall make decisions which shall
be binding until the questions are decided by the courts
having jurisdiction in such cases., either pa^ty having the
right to appeal to said courts.
Sec. 9. Be it further enacted, That no draft shall be
drawn in favor of a teacher until the end of the term for
which he was employed, or after the expiration of three
months from its commencement, except in cases where
teachers leave by consent of the committee before the time
for which they were employed is out.
1860-61. Chap. 19—20.
35
Sec. 10. And be it further enacted, That when the chair- School Register
man of the hoard of superintendents does not reside at
the county seat he may deposit th$ school register for his
County in the office of the clerk of the county court, m'a-
king the clerk his deputy for the safe keeping of the same,
and empowering him to furnish them to teachers on the
orders 6f committees, and to take receipt for them accord¬
ing to the regulations governing the action of chairmen
in this matter, and in such cases the registers may he re¬
turned again to the said clerks.
Sec. 11. And be it further enacted, That this hill [act]
shall he in force from and after its ratification, and that
all laws^nd clauses of laws coming in conflict with its
provisions he and they are hereby repealed. [Ratified the
23d day of February, 1861.]
AN ACT TO INCORPORATE THE STATE EDUCATIONAL ASSOCIATION OR Chap. 20.
NORTH CAROLINA.
Section 1. Be it enacted^ by the General Assembly of the incorporates
State of North-Carolina and it is hereby Enacted by the ABS0cl#tI0n*
authority of the same, That the State Educational Asso¬
ciation of North-Caroling, as organized hy a voluntary
society in the town of Salisbury, on the 21st day of Oc¬
tober, A. D. 1856, whose organization was further
perfected at the annual meetings held in Warrenton ofi
the first day of July, 1857, in Statesville on the 7th day
of July, 1858, in Newbern on the 14th day of June, 1859,
and in Wilmington on November 13, 1860, shall he and
the same is hereby incorporated under the name and style
of " The State Educational Association of North Caroli¬
na," and may have and use a common seal, sue and he
sued, and take, hold and convey real and personal property
of the value of twenty thousand dollars, and no more, for
the purposes hereinafter specified.
Sec. 2. And be it further enacted, That the said society OrgaKizaucn.
may adopt for its government a constitution and by-laws,
not inconsistent with the constitution and laws of this
36
1860—*61. ChIK 20.
State or of the United States, and shall, according to the
provisions of these, annually elect a president, six vice
presidents, a recording secretary and a corresponding sec¬
retary and treasurer in one, all of whom shall hold their
office* until their successors are appointed, and the said
society shall have [a] permanent executive committee of
three, consisting of the superintendent of common schools
and the recording and corresponding secretaries, and
whose powers and duties shall he prescribed in the con¬
stitution and by-laws of the society.
Duties. Sec. 3. And be it further enacted, That it shall he the
duty of the State Educational Association of North Car¬
olina to hold an annual meeting nt such place a^d time
as the executive committee, or others authorized by the
constitution and by-laws so to do, shall direct; at which
meeting some questions connected with the course of ed¬
ucation shall be discussed and decided, and at which shall
be delivered addresses and essays intended to promote the
progress of useful learning in the State, and to diffuse
information among the people; and the proceedings of
these meetings, and such essays as the association may
deem ptoper, stiall be published in pamphlet form, one
copy of which shall be sent to the executive library, and
one to the library of the State in Raleigh; one to each of
the colleges, male and female, in the State; one to the
chairman of each board of qpunty superintendents of
common schools, to be filed in his office, and one to each
committee of examination.
Committees. Sec. 4. And be it f urther enacted^ That the said Asso¬
ciation shall have at least two standing committees, one
to be called " The Committee on Common Schools," and
one " The Committee on Statistics," which committees
shall, from time to time, make reports to the association
on the subjects on which they are appointed.
Duty of super- Sec. 5. And be it further enacted, That it shall be the
common duty of the superintendent of common schools for the
State, to notify the chairman of the boards of superintend¬
ents >of common schools and the examining committees,
and the president and directors of the literary fund, at
1860-61. Chap. 20.
37
least fifteen days in advance of the time and ^lace of
each annual meeting of the association, to make an an¬
nual address "before it setting forth the condition, yants
and prospects of the common school system, to aid in di¬
recting its deliberations and action to useful purposes
connected with the cause of general education, and to
exert himself to prevent any sectional, sectarian or polit¬
ical bias in its proceedings.
Seg? 6. Be it further enacted, That said association n. c. journal
shall have published under it^ auspices a monthly period¬
ical to be called "The Notth Carolina Journal of Edu¬
cation," to be conducted by such persons, and oil such
terms as it or its authorized committees may see fit; and
the first named of the board of editors shall be the super¬
intendent of common schools for the State, who shall pub¬
lish in said journal such of his official decisions as he may
deem of general interest; his annual letters of instructions
to committees of examination—extracts from his annual
report to the Governor—such suggestions as he may deem
important, with explanations of the duties of his subor¬
dinate officers ; and once in every two years, a digest with
index and notes of all the laws in force in regard to com¬
mon schools.
Sec. 7. And he it further enacted, That it shall be the appropriates
duty of the president and directors of the literary fund for fo^years.
to pay to said association, through its executive commit¬
tee, the sum of six hundred dollars per annum for four
years, beginning the year 1859, and ending with the year
1862 ; Provided, Such appropriation can be made from
the literary fund without diminishing the usual distribu¬
tion for common school purposes, or injuriously interfering
with the usual operations of the literary board, or of the
common school system; And provided, also, That the
books, accounts and operations of the association are open
to the inspection of the Governor of the State ; And this
charter may be declared null and void whenever by the
proper legal process, in the authorized tribunal, it shall
be proved to have befcome a political, sectional or sectarian
society, or to be engaged as a society in propagating
38
1860-61.- Chap. 20—21—22.
doctrinfes inconsistent with the peace and safety of the
State.
appropriates Sec. 8. And be it further enacted, That the president
woo annually. an(^ flirectors 0f literary fund shall annually appro¬
priate to said society one hundred dollars, to he paid under
the direction of the executive committee, in premiums of
not more than thirty dollars, nor less than fifteen each,
to common school teachers for essays on such subjects as
the association or its authorized committee shall select.
Sec. 9. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 2Zd
day of February, 1861.
IDIOTS AND LUNATICS.
Chap. 21. AN act concerning insane persons.
Duty of jus- Section 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 whenever two or m6re
justices of the peace shall, under'the provisions of sec. 1*7,
chapter six of the Kevised Code, direct any insane person
to he removed to the Asylum as a patient, it shall he their
duty to make a full report of their proceedings in their
hehalf to the next term of the court of pleas and quarter
sessions. {Ratified the 23rd day of February, 1861.]
Chap. 22. an act110 amend section 1st, chapter 57th, op revised code,
entitled " idiots and lunatics."
fiuperinten- Sec, 1. Be it enacted by the General Assembly of the State
«ate evidence. " of North Carolina, and it is hereby enacted by the authority
of the samb, That section 1st, chapter 57th of Revised
Code, entitled " Idiots and Lunatics" he amended so as to
read as follows : Provided, That if any person is confined
in any asylum for lunatics and insane persons, the certifi¬
cate of the superintendent of such asylum declaring such
1860-61. Chap. 22—23. 39
person to be of insane mind and memory, Which certificate
shall be sworn to and subscribed before the clerk of any
court of record of the county in which such asylum is sit¬
uated, and certified under the seal of such court, shall be
sufficient evidence to authorize the county court to ap¬
point a guardian for such idiot, lunatic or person of insane
mind and memory.
Sec. 2. Befit further enacted, That this act shall be in
force from and after its ratification. [Ratified the 25th
day of February, 1861.
INCENDIARY LANGUAGE.
AN ACT TO AMEND THE ^6TH AND 17TH SECTIONS OE 34TH CHAPTER Qha'p. 23
REVISED CODE.
Section 1. Be it enacted by the General Assembly of the circuiati^-in-
State of North-Carolina, and it is hereby enacted by the ment^ony"*
authority of the same, That if any person shall willfully
bring into the State, with the intent to circulate, or shall
willfully circulate or publish within the State, or shall aid
or abet the bringing into, or circulation, or publication of,
within the State, any written or printed pamphlet or
paper, whether written or printed in or out of the State,
the evident tendency whereof is to cause slaves to become
discontented with the bondage in which they are held by
their masters, and the laws regulating the same, and free
negroes to be dissatisfied with their social condition, such
person so* offending shall be deemed guilty of felony, and
on conviction thereof shall suffer death.
Sec. 2. Be it further enacted, That if any person, by Exciting eoi.
words, shall endeavor to excite in any slave or free negro fe?0ny®rsons'
or person of color, a spirit of insurrection, conspiracy or
rebellion, such person so offending shall he deemed guilty
of felony, and on conviction thereof shall suffer death.
Sec. 3. Be it further enacted, That if any person shall inflammatory
' u A language mid*
use inflammatory language, the tendency of which would demeanor,
"be to excite in any slave or free negro a spirit of insur-
40
1860-61. Chap. 23—24.
rection, conspiracy or rebellion, he shall be guilty of a
misdemeanor, and on conviction thereof shall be fined or
imprisoned, at the discretion of the court. [Ratified the
23d day of February, 1861.]
MILITIA.
Chap. 24. an act t0 amend the seventieth chapter of the revised
code, " militia."
Enrollment. Section 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 all free white males and ap¬
prentices who are of the age of eighteen years, and under
the age of forty-five years, and who reside in the State of
North-Carolina, except ministers of the gospel, shall be
enrolled in the militia of this State, by the captain or
commanding officer of the infantry company within whose
district such persons shall reside; and the said officer
shall notify such free white males and apprentices of their
enrollment by a non-commissioned officer of his company,
and by whom said notice shall be proved.
Major General. Sec. 2. Be it further enacted, That whenever a vacan¬
cy shall occur in the office of major general, the same
shall be filled by the plurality of the written votes of the
field, staff and commissioned officers of the division, the
election to be held at a time and place to be designated
by the adjutant general; and whenever a vacancy shall
occur in the office of brigadier general, the same shall be
filled by the field, staff and commissioned officers of the
brigade, under the same rules and regulations as are here¬
in prescribed for the election of a major general, and the
Governor shall commission said officers when notified of
their election.
SSffffSi Sec. 3. Be it further enacted, That whenever there shall
panies, etc. a vacancy in any company of the commissioned offi¬
cers to command the said company, and upon an election
having been ordered in said company there shall be a
1860-61 Chap, 24.
failure to elect a captain and other commissioned officers
for the company, from either the failure of any candidate
for said office, or from the neglect or refusal of the com¬
pany to elect, and where there are no suitable persons in
said company who are willing to accept the appointment
of commissions in the company after being elected or ap¬
pointed to the same, it shall he the duty of the colonel or
other commanding officer in the regiment to which said
company is attached; or, if there is no commander of said
regiment, then it shall he the duty of the brigadier gen¬
eral in whose brigade said regiment belongs, within thirty
days after said election shall have been ordered by him,
and the neglect or refusal of said company to elect com¬
pany officers, either from the want of a candidate, or for
any other 'cause, and he is hereby authorized and required
to appoint some fit and suitable person to act as captain
or other commissioned officers to supply said vacancies in
said company for the space of two years from the date of
said appointment, whose duty it shall he to accept said
appointment, and to act as captain or other commissioned
officer in said company for two years from the date there¬
of, who shall be commissioned and have all the powers
•and authority, and liable to all the penalties as captains
and other commissioned company officers now have and
are liable for by law. And if any person so appointed
shall neglect or refuse to accept such appointment, or
shall fail to receive said commission when tendered to him,
and qualify as said officer within the space of thirty days
from the time of his appointment and commission ten¬
dered, he shall forfeit and pay the sum of fifteen dollars,
if appointed to the office of captain, and ten dollars if
appointed to any other place' fis commissioned officer in
the company, for such neglect or refusal; which penalty
-shall he recovered by warrant before any justice of the
peace, in the name of the State by the officer making the
appointment, one-fifth to the use of the officer suing, and
the other four-fifths to the use of the State. And it shall
be the duty of the said commanding officer of the regi¬
ment, or in case there is none, then it shall be the duty
42
1860-61 Chap. 24.
of the brigadier general in whose regiment said company
belongs, within thirty days thereafter, to make new ap¬
pointments of other persons in said company liable to do
military duty to said officers, and so on, under like pen¬
alties, until suitable officers can be found who shall ac¬
cept said offices; Provided, That no person shall be
appointed who is not liable to do military duty, and no-
person who has been once appointed and refused to accept,,
and who has paid the forfeiture, or who has served two
years, shall be compelled to serve, or be liable to be ap¬
pointed again within five years from said refusal or ap¬
pointment ; Provided, That no person who is a member
of any organized volunteer or fire company in this State-
shall be compelled to serve whilst he is a member of said
company ; Provided, further, That any person appointed
as above shall not be compelled to equip himself with any
pf the equipments required by law for his said office, ex¬
cept a sword and belt, cap and plume, epauletts and blue
frock coat and pants of homespun, or any other texture,
with white metal buttons; And provided further, That he
shall be released from the payment of poll tax, from
working on the roads, and from serving on juries during
his continuance in said office.
field officers. Sec. 4. Be it further enacted, That any field officer oth¬
er than major or brigadier general, who shall fail or refuse
to accept such office to which he may be elected or ap¬
pointed, shall forfeit and pay the sum of fifty dollars.
Election of md Sec. 5. Be it further enacted, That hereafter, whenever
Offloerrt' any vacancy shall occur in any regiment of colonel, lieu¬
tenant colonel or major, the same shall be filled by an
election held by the rank and file of the regiment, at the
usual place of meeting foi" regimental muster in their re¬
spective counties, on a day designated by the adjutant
general, under the superintendence of the captain and
first lieutenant of each company, who shall inform the
Governor of the result of said election, and he shall issue
a commission to the officer receiving a plurality of the
votes cast.
Drill h review. Sec. 6. Be it further enacted, That the commandant of
1860-61. Chap. 24.
43:
each regiment shall assemble his regiment once in each
year for drill arid review, and for failure of this duty shall
forfeit and pay one hundred dollars ; and each captain or
commandant of a company shall assemble his company
four times in each year for drill, and for a failure of this
shall forfeit the sum of fifty dollars, and at said drills all
persons required to perform military duty shall appear in
person, and not be allowed to hire a substitute.
Sec. 7. Be it further enacted, That any commandant returns,
of a regiment shall, on or before the 25th day of October,
in each year, make a return of the strength of his regi¬
ment to the brigadier general of the brigade to which such
regiment belongs, and shall make a duplicate return to
the adjutant general, on or before the 25th day of No¬
vember in each year, and he shall note in said return
whether his regiment has been reviewed by the major and
brigadier generals, and at what time, and in default of
su^Il return he shall forfeit and pay one hundred dollars.
Sec. 8. Be it further enacted, That the tax lists shall Military Roil. •
have a column headed " military roll," to be prepared by
the comptroller, and that the tax list takers shall annu¬
ally include in their lists the names of the persons in their
districts between the ages of eighteen and forty-five years,
liable to be enrolled for military duty, and it shall be the
duty of every person who shall give in his taxables to
report himself, on oath, for enlistment who is liable for
military duty ; and every white person who shall return
his taxes shall also, on oath, report (on oath) every per¬
son residing in his family who shall be liable for military
duty.
Sec. 9. Be it further enacted, That the tax list takers lists to be
shall return the lists to the clerks of the county courts,
and by them the names of such persons liable to military
duty shall be drawn off, the district in which they live
specified, and a copy of such list shall be given to the co¬
lonel of the regiment, and also to the captain of the com¬
pany in each district, and the clerks shall receive the sum
of five dollars for their services, to be paid by the county
treasurer.
44
1860-'61.> Chap. 24.
whenever ais Sec. 10, Be it further enacted, That whenever any com-
orgamzed. pany sfiaij_ "be g0 disorganized that there is no commis¬
sioned company officers to command the same, and no
regular roll of said company, or if the muster roll is not
produced within twenty days after the same is required
by the commandant of the regiment, the brigadier gene¬
ral or the 'sheriff of the county, after public notice shall
have been given in a newspaper circulating in said
company, or notice given at the court house door and
three other public places in said company, then it shall
be the duty of the commandant of the regiment, or
if there be none such, then it shall bfe the duty of the
brigadier general of that brigade, and if that too is
vacant, it shall be the duty of the sheriff of the county,
between the first day of April and the first day July, in
each and every year, upon the order of the adjutant gen¬
eral (if to the sheriff) to employ some fit and suitable
person, living in said company or regiment, to enrotl all
the white males within the bounds of said company, be¬
tween the ages of eighteen years and forty-five years, lia¬
ble to do military duty, and order the persons so enrolled
to appear within thirty days, at the place where the said
company had last usually held their company musters,
for the purpose of holding an election for officers for said
company, and the person so employed and detailed shall
have power and authority, and it shall be his duty to ap¬
point all proper officers and a clerk for that day to assist
him, who shall each forfeit and pay the sum of two dol¬
lars, to be recovered before any justice of the peace by the
person detailed, one-half to the use of said person, and the
other half to the use of the State, for every neglect or re¬
fusal ; and it shall be the duty of the person employed to
call the roll and note all delinquents, and he shall hold
an election and report and return the result of the same
to the commanding officer of the regiment, or the briga¬
dier general, or the sheriff, as the case may be, who shall
proceed, as hereinbefore in this act ordered in section 5th
of this chapter; in case of no election, the officer or person
to whom the return is made shall return the same to his
1860-^61." Chap. 24.
45
superior officer, or in case of the sheriff to the adjutant
general, and in case any of the parties enrolled and noti¬
fied to attend shall neglect or refuse to attend on the day
appointed for said election, he shall forfeit and pay the
sum of two dollars, to he recovered by the person detailed,
by warrant, in the name of the State, before any justice
of the peace of said county, one-half to the use of the per¬
son detailed, or employed to make such enrollment and
election, and the other half to the use of the company for
military purposes.
Sec. 11. Be it further eno.cted, That there shall be volunteer
* 7 # corps of ten
formed a volunteer corps in the State, to consist of not thousand,
exceeding ten thousand men, who shall be subject to the
call of the commander-in-chief, in cases of emergency:
Provided, however, That the Governor shall be authorized Additional
, twenty thous-
to enroll twenty thousand additional men, under the same and.
rules and restrictions as hereafter are provided for the
volunteer corps in case of actual war.
Sec. 12. Beit further enacted, That the said corps of how composed
volunteers shall be composed of two divisions and four
brigades ; that £ach brigade shall be composed of not less
than two regiments; that each regiment shall be com¬
posed of not less than six companies ; that each company
shall be composed of not less than thirty-two privates,
nor more than one hundred.
Sec. 13. Be it further enacted, That the said corps mai°r General,
shall be officered by two major generals, to be elected by
the rank and file of the division, under the same rules
and regulations as shall be provided for the election of
colonels, lieutenant-colonels and majors.
Sec. 14. Be it further enacted, That each brigade shall ^gadier Gen-
be officered by one brigadier general, to be elected in the
same manner and at the same time and places as pre¬
scribed for the election of major generals in the preceding
section ; and the said brigadier generals shall each have
the power to appoint the following staff officers : one brig¬
ade major, one brigade inspector, one brigade commis¬
sary, one brigade quarter-master, one brigade surgeon,
each with the rank of surgeon, and the aids de camp with
46
1860-61. Chap. 24.
the rank of captain. The said staff officers, with the ex¬
ception of the surgeons, to he selected from the volunteer
corps, and to hold no higher command than they held
in the corps from which they are taken, and such officers
to he commissioned by the Governor.
regimental of Sec. 15. Be it further enacted, That each regiment shall
ficers. n officered by one colonel, one lieutenant colonel and one
major, to be selected from the regiment, and such officers
shall be chosen by the rank and file of the regiment, and
the colonel of each regiment shall have the power to ap¬
point the following officers : one adjutant, one quarter-mas¬
ter, one commissary and one surgeon. The officers, except
the surgeon, shall be taken from the commissioned officers
of the regiment below the rank of captain ; and the col¬
onel of regiments shall have power to appoint musicians,
not exceeding ten in number^
company offi- Sec. 16. Be it further enacted, That each company
cer8, shall be officered: one captajm, one first and one second
lieutenant, one third lieutenant, four sergeants and four
corporals. The commissioned officers of each company
shall be elected by the written vote of the men of each
company, and the non-commissioned officers to be ap¬
pointed by the captains ; such commissioned officers to be
commissioned by the Governor.
Organization Sec. 17. Be it further enacted, That as soon as one or
of Regiments --i-i-it i i i • i
more companies shall have been organized, as hereinbe¬
fore prescribed, it shall be the duty of the captains of said
companies to tender the services of said companies to the
Governor—all the members of the company signing the
same ; and the Governor is hereby authorized to receive,
arm and equip the same at the expense of the State, to
the extent of the appropriation made for that purpose;
and when six or more companies shall have been organ¬
ized and shall have tendered their services to the Govern¬
or, in the manner hereinbefore prescribed, the Governor
shall organize the same into a regiment, and the rank and
file shall meet at the usual parade ground of their re¬
spective counties, on a certain day designated by a ma¬
jority of the officers of said company, and elect by ballot
1860-61. Chap. 24.
47
a colonel, lieutenant colonel and major, under the direc¬
tion of the captains, and the result of such ballot shall
be returned by the captains thereof to t"he Governor, who
shall declare the election of officers and commission the
same; and in default of such election, the Governor shall
appoint said officers.
Sec. 18. Be it further enacted, That as soon as the regi- Brigadee-
ment shall have been formed and organized in the man¬
ner as herein prescribed, the Governor shall organize the
same into a brigade, and so in like manner until the whole
ten thousand volunteers are organized into regiments,
brigades and divisions.
Sec. J 9. Be it further enacted, That for the government
and drilling of the volunteers under this organization,
eacb company and regiment"shall be governed by the rules
and regulations that are now prescribed for the govern¬
ment of the army of the United States, and the corps shall
be drilled according to Hardee's tactics, and such other
tactics as shall be prescribed by the commander-in-chief;
and a copy of such tactics shall be furnished to each com¬
missioned officer in said corps.
Sec. 20. Be it further enacted, That the time of service time of service,
of such volunteer corps shall be ten years ; and they shall
be exempt after the expiration of ten years from active
military duty, unless in case of invasion or insurrection,
and such corps, when called into active service, shall serve
during the pleasure of the commander-in-chief, unless
sooner disbanded by law.
Sec. 21. Be it further enacted, That the same pay and pay and rations
rations now allowed by the army regulations to the com¬
missioned and non-commissioned officers, privates and
musicians of the army of the United States, shall be al¬
lowed to the yolunteer corps, or any part of them, when
ordered by the Governor into active service.
Sec. 22. Be it further dbacted, That in the distribution armi?,&o.
of the arms of the State to the volunteer corps, the Gov¬
ernor shall take a bond, payable to &e State of North
Cfarolina, with sufficient security from the captain of each
company to whom such arms shall be distributed for the
48
1860-61. Chap. 24.
safe keeping and return of suck arms; and tlie captains
of the volunteer companies shall each make an annual re¬
turn of the number of men in his company, on or before
the 15th day of July, to the adjutant general's office, and
a duplicate to the colonel of the regiment, such return ta
be on oath; and whenever any company shall be less in
number than is now prescribed by the 51st sec. of the
^Oth chapter " Revised Code," and who are equipped, it
shall be the duty of the Governor to declare the company
disbanded, and to call in the arms ; Provided, That when
any company not having sixty-four privates shall bo
called into actual service, the Governor may draw from
the militia a sufficient number to increase such company
to sixty-four.
annual drills Sec. 23. Be it further enacted, That the Governor shall
have the power once in each year to call together the
officers of brigades and divisions for the purpose of drill,
and shall continue such drill not exceeding six: days in
each year.
Distribution of Sec. 24. Be it further enacted, That in the distribution
Arms. 0f arms to the volunteer corps, each county in the State
that shall raise and report to the Governor one company
of thirty-two privates under the regulations required by
this act, shall be entitled to draw such arms ; Provided,
such company shall be organized and reported within six
months after the ratification of this act.
Uniform. Sec. 25. Be it further enacted, That the uniform for the
volunteer corps, and for officers of the militia shall he of
cadet gray, manufactured in the State of North Carolina;
Provided, That military officers now uniformed shall not
be compelled to change the same until called into actual
service. And the different corps and ranks shall he dis¬
tinguished as the same corps and rank are now distin¬
guished in the service of the United States.
when to bore- Sec. 26. Be it further enacted, That the military volun-
received. teer companies now in the State, as soon as they report
themselves with the*' full compliment of men, shall be re¬
ceived by the Governor, and they may retain the uniform'
which the company have adopted, until called into actual
service.
18G0-61. Chap. 24.
49
►Sec. 27. Be it further enacted, That the Governor shall Courts martial,
have the power to hold or cause to he held a court mar¬
tial each year, in the city of Raleigh, to try delinquent
general officers of militia and field officers of the volun¬
teer corps; such court to consist of not more than five,
nor less than three officers, and the expenses of said court
shall he paid by the court.
Sec. 28. Be it further enacted, That the Governor shall Collection and
. repair of arms.
have the power to collect and repair the arms of the State,
and shall he authorized to draw on the treasurer of the
State for the expenses of the said collection and repairing,
and such arms as cannot he repaired to advantage he
shall have power to sell.
Sec. 29. Be it further enacted, That the clerks of the Exemptions,
county court in the State shall return to the comptroller
the sums of money paid for exemption from military duty
under this act.
Sec. 3d. Be it further enacted, That the adjutant gen- adjutant Gene-
eral he elected by joint ballot of both houses of the Gene- cripensation,'
ral Assembly, and shall keep a roster of the militia
of the State, containing dates of commissions, rank, the
corps, divisions, brigades and regiments, and the places
of residence of officers, which roster shall be corrected
every year. He shall enter into a book, kept for that
purpose, a local description of the regimental, brigade and
division districts ; the books to be furnished by the State,
and belong to the office. He shall adopt a seal of office,
and all copies of records and papers in his office, duly
certified under such seal, shall be evidence in all cases
as if the original were produced. He shall cause the
military laws of the State to be printed from time to
time, and distributed to the commissioned field officers
of the State. He shall prepare and distribute, at the ex¬
pense of the State, proper blank books, forms and notices.
He shall prepare general regulations prescribing the
duties of the different military departments, which, when
approved by the commander-in-chief, shall be obeyed
and respected. He shall report to the Legislature,
through the commander-in-chief, the strength and con-
50
1860-61. Chap. 24.
dition of the military of the State, of the puhliG arms,
equipments, ordnance, hooks and military stores; and he
shall render a statement of all that may he necessary to
keep up an ample supply of every article that may he re¬
quired in the public service. He shall execute all orders
of the commander-in-chief, and keep a record thereof.
He shall attend all reviews of the commander-in-chief,
and as quarter-master-general, he shall give a bond in
the sum of five thousand dollars for the faithful discharge
of his duties, with two good securities, to be approved by
the commander-in-chief. He shall receive a salary of
eighteen hundred dollars per annum, in full payment for
services rendered as adjutant general, acting quarter-mas¬
ter general, inspector general and keeper of public stores
and munitions of war. He shall attend all encampments,
and while the troops are under arms, he shall inspect their
arms, ammunition and accoutrements; superintend the ex¬
ercises and enforce the discipline and tactics required by
law. He shall, in time of war, have the command and rank
of brigadier general. He shall cause suit to be brought in
the name of the State of North Carolina, and he is hereby
empowered so to do in any court in this State, or before
any justice of the peace, when the amount sued for is
within the jurisdiction of justices of the peace by the laws
of this State, for any penalty incurred or any fine imposed
by reason of the military laws of the State. He shall
Term of office. ^ig 0fgce for the space of two years, unless the same
is made vacant by resignation or promotion ; and should
the office become vacant by reason of death, resignation,
refusal to accept, or otherwise, during the recess of the
Legislature, then the Governor may fill said office by ap¬
pointment until the next meeting of the General Assem¬
bly.
Sec. 31. Be it further enacted, That this act shall be
in force from and alter its ratification, and all laws com¬
ing in conflict with the provisions of this act, are hereby
repealed. [Ratified the 20th day of February, 1861.]
1860-61. Chap. 25.
AN ACT TO CREATE THE ARTILLERY CORPS OE NORTH CAROLINA. CJlttp. 25*
Section 1. Be it enacted by the General Assembly of the corpa of Artur
State of North-Carolina, and it is hereby enacted by the lery%
authority of the same, That there shall he organized a
corps of artillery, to consist of such troops and companies
as may now and hereafter be raised in the several coun¬
ties of the State, not to exceed ten in mumber, to include
both horse and foot artillery.
Sec. 2. Beit further enacted, That whenever a company, organization of
not less than sixty-four, nor more than one hundred, shallC0mpany*
be reported to the chief of artillery, the chief shall direct
said company to proceed to the election of the following
officers, viz : one captain, two first lieutenants, two second
lieutenants, to be commissioned by the Governor; and
the captain so elected shall be appointed from the ranks ;
one first sergeant, four sergeants, four corporals, two ar¬
tificers, two buglers, and (one farrier and one saddler, if
the company be mounted,) and make report of the same
together with the number of privates, to the chief of ar¬
tillery, who shall issue warrants to the non-commissioned
officers aforesaid, and the chief of artillery shall there¬
upon make his report to the commander-in-chief of the
State, together with a requisition for the necessary arms
and equipments for the company.
Sec. 3. Be it further enacted, That the arms to be fur- Ami,
nished to said companies shall be prescribed and shall be
recommended by the chief of artillery, and approved by
the commander-in-chief of the State ; and said arms and
equipments shall be furnished by the Governor, if such,
are in possession of the State, or can be procured out of
any funds appropriated for arming the State.
Sec. 4. Be it further enacted, That from and after the chief of Axtak
passage of this act, the Governor shall appoint some suit- lery
able person, a citizen of the State, to the office of the chief of
artillery, with the rank of colonel, who shall have the su¬
pervision of the forming, equipping, arming and instruct¬
ing in their proper duties, the several troops and com-*
panies that may constitute this corps—and he shall be a
52
1860-61 Chap. 25—26.
staff officer of the commander-in-chief; once a year at
least he shall inspect the several troops and companies
constituting the corps, and see that all the equipments,,
arms and ammunition are properly cleaned, cared for and
preserved, and make his report in full of all matters to
the commander-in-chief; all said troops and companies
shall he subordinate to the chief of artillery, and receive
their orders from arid through him, and make annual re¬
turns, and oftener, if necessary or required, of all ord¬
nance and ordnance stores, and all other property belong-
to the State, in their possession, and also report the state
and condition of such troops and companies as shall he
prescribed from time to time by the chief of artillery.
Of ordnance Sec. 5. Be it further enacted, That the chief of artillery
shall also be chief of ordnance and military engineers,
and perform the duties in these several departments as
the commander-in-chief may prescribe.
Sec. C; Be it further enacted, That this act shall be in
force from and after its passage. [Ratified the 25th day
of February, 1861.
Chap 26 an act t0 incorporate the piney woods cavalry and wake
light dragoons, also other companies.
Bodies politic. Section 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 volunteer companies in
the county of Wake commanded by George H. Fairebault
and John C. Merriot; also John Harvey, commander of
Guard and Perquimans Hangers; also Smithville Guards
in the county of Erunswick, commanded by ; also
Pee Dee Guards, of Richmond county, commanded by
; also the Warren Horse Guards, commanded by
Capt. H. T. May field, and Warren Guards, commanded
by Capt. B. 0. Wade; also Independent Greens, of Green
county, commanded by W. A. Darden, jr.; also Wilming¬
ton Rifle Guards, commanded by 0. P. Meares; also
Neuse cavalry company, commanded by ; and also
1860-61. Chap. 26—27.
53
Rocky Mount Liglit Infantry, in the county of Edge¬
combe, commanded by Rich. H. Lewis, he and the same
are hereby declared to be bodies politic and corporate by
the name and style of the Piney Woods Cavalry, and
Wake Light Dragoons, Perquimans G-uards and Per¬
quimans Rangers, Smithville Guards, Pee Dee Guards,
Warren Horse Guards, and Warren Guards, Independent
Greens, Wilmington Rifle Guards, Neuse Cavalry, and
also the Rocky Mount Light Infantry, and shall have
power and authority to make such by-laws not inconsis¬
tent with the constitution and laws of this State as they
may deem necessary for the regulation of the companies.
Sec. 2. Be it further enacted, That all fines and amerce-Eines.
ments which shall be, collected by said companies shall
enure to the use of the same.
Sec. 3. Be it further enacted, That said companies shall Exemption*,
be exempt from all military duty, except in case of insur¬
rection or invasion, at least six times in each year for the
period of twelve years,
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 22d
day of February, 1861.]
AN ACT TO PROVIDE FOR THE PURCHASE OP ARMS AND MUNITIONS OP WAR. (Jfiap, 27,
Section 1. Be it enacted by the General Assembly of the Appropriates
State of North-Carolina, and it is hereby enacted by the 5300)0 *
authority of the same, That the sum of three hundred
thousand dollars be, and the same is hereby appropriated
for the purchase of arms and munitions of war for the use
of the State, the arms to be of the most effective and im¬
proved kind.
Sec. 2. Be it further enacted, That for the purpose of Authorize
raising the money herein appropriated, the public treas- stat« bond*
urer shall, from time to time, when called upon by the
Governor, issue the bonds of the State, with coupons at¬
tached, to the amount of three hundred thousand dollars,
signed by himself, and countersigned by the comptroller,
51
1860—61. Chap. 27—28.
Military Com¬
missioners.
Term of ser¬
vice and com;
peaaatio*.
in sums not less than five hundred dollars each, pledging
the State for the payment of the sum therein mentioned,
•with interest thereon at a rate of interest not exceeding
six per cent, per annum, payable semi-annually, at such
times and places as the public treasurer may appoint;
the principal of which bonds shall be redeemable at the
end of thirty years from the time the same are issued.
Sec. 3. Be it further enacted, That in order to carry out
the provision of this act, that Major D. H. Hill, of the
town of Charlotte, and Col. C. C. Tew, of the town of
Hillsboro', shall constitute a military commission, whose
duty it shall be to advise with the Governor in relation
to the manner of providing the State with arms and mu¬
nitions of war.
Sec. 4. Be it further enacted, That the military com¬
mission herein provided for shall cease at the end of seven¬
ty days from the ratification of this act, and that the com¬
missioners, during their attendance in the discharge of
their duty, shall be entitled to the same pay and mileage
as is now allowed to members of the General Assembly.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the — day
of January, 1861.
PARTNEKSHIP.
Ch(ip 28 AN ACT T° PR0VIDE F0R LIMITED PARTNERSHIP.
Mayio formed. Section 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 limited partnerships for the
transaction of any mercantile, manufacturing or mechan¬
ical business within the State may be formed by two or
more persons, upon the terms and with rights and powers
and subject to the conditions and liabilities in this chap¬
ter, but its provisions must not be construed to authorize
any such partnership for the conducting of a banking or
insurance business.
I860—'61. Chap. 28.
55
Sec. 2. Be it further enacted, That such partners may General and
J ' A _ " "Pecial part-
COnSlst of one or more persons, who are general partners, nerB-
and are jointly and severally responsible as partners are
now by law, and of one or more persons, who contribute
in actual cash, payments a specific sum as capital to the
common stock, who are called special partners, and who
are not liable for the debts of the partnership beyond the
funds so contributed to the capital.
Sec. 3. Be it further enacted, That the persons desirous certificate,
of forming such partnership must make and severally
sign a certificate containing first the name or firm under
which such partnership is to be conducted ; second, The
general nature of the business to be transacted ; third,
The*names of all the general and special partners inter¬
ested therein, distinguishing which are general and which
are special partners, and their respective place of resi¬
dence ; fourth, The amount of capital which each special
partner has contributed to the common stock; 5th, The
period at which such partnership is to commence and ter¬
minate.
Sec. 4. Be it further enacted, That the certificate must acknowledged
be acknowledged by the several persons signing the same and reglstered*
before a judge of the supreme or superior court of law,
or before the clerk of the court of pleas and quarter ses¬
sions of the county in which the principal place of busi¬
ness of such partnership is situated, and the said judge or
clerk shall endorse said acknowledgment, and order the
certificate to be registered.
Sec. 5. Be it further enacted, That the certificate and where to be
acknowledgment and order for registration must be regis-regl8tere<i,
tered in the county in which the principal place of busi¬
ness of such partnership is situated. If the partnership
has places of business in different counties, a transcript
of the certificate and acknowledgment certified by the
register must be registered and filed in the register's of¬
fice of each of such counties.
Sec. 6. Be it further enacted, That at the time of the Affidavit,
acknowledgment of the certificate, an affidavit of one or
more of the general partners shall be made on oath before
56
I860-'61. Chap. 28.
Certificates, etc.
essential.
False state¬
ment.
Publication.
To be filed.
Renewals and
continuances.
Alteration.'
the judge or clerk taking such acknowledgment, stating
that the sums specified in the certificate to haveheen con¬
tributed by each of the special partners to the common
stock, have been actually in good faith paid in cash, and
the said affidavit so made shall he registered with the
original certificate.
Sec. *1. Be it further enacted, That no such partnership
shall be deemed to have been formed until such certificate
and affidavit have been made, acknowledged., and regis¬
tered as required in the foregoing section.
Sec. 8. Be it further enacted, That if any false state¬
ment is made in such certificate or affidavit, all the per¬
sons interested in such partnership shall be liable as gen¬
eral partners.
Sec. 9. Be it further enacted, That the terms of the
partnership must be published immediately after its for¬
mation for six successive weeks, in at least one newspaper
in the same county or near the place of said partnership
business, and if such publication be not made the part¬
nership shall be deemed general.
Sec. 10. Be it further enacted, That affidavits of such
publication, made by the proprietor of such newspaper in
which the same is published, may be filed with the clerk
of the court of pleas and quarter sessions of the county
in which such business is conducted, and shall be evidence
of the fact.
Sec. 11. Be it further enacted, That every renewal or
continuance of such partnership beyond the time origi¬
nally fixed for its duration, must be certified, acknowl¬
edged and registered, and an affidavit of a general partner
made and filed, and notice given by publication as re¬
quired for its original formation, and every such partner¬
ship which is otherwise continued must be deemed a gen¬
eral partnership.
Sec. 12. Be it further enacted, That every alteration
which is made in the names of the partners, in the nature
of the business, in the capital or shares thereof, or in any
other matter specified in the original certificate must be
deemed a dissolution of the partnership, and any such
1860-61. Chap. 28.
5f
partnership which is in any manner carried on after such
alteration has been made must he deemed a general part¬
nership, unless renewed as a special partnership according
to the provisions of the preceding sections.
Sec. 13. Be it further enacted, That the business of name of firm,
the partnership must be conducted under a firm in which
the names of the general partners only are inserted with¬
out the addition of the word " company," or any other
general term ; and if the name of any special partner is
used in the firm with his privity, he shall be deemed a
general partner.
Sec. 14. Be it further enacted, That suits in relation to suits,
the business of the partnership may be brought and con¬
ducted by and against the general partner in the same
manner as if there were no special partner.
Sec. 15. Beit further enacted, That no part of the sum special stock
which any special partner has contributed to the capital d°awabe
stock must be withdrawn or paid to hirrf in the shape of
dividends, profits or otherwise at any time during the
continuance of the partnership; but any partner may
annually receive lawful interest on the sum so contributed
by him, if the payment of such interest does not reduce
the original amount of such capital, and if after the pay¬
ment of such interest any profits remain to be divided, he
may receive his portion of such profits.
Sec. 16. Be it further enacted, That if it appears by tote paid bac&.
the payment of interest or profits to any special partner
the original capital has been reduced, the partner receiv¬
ing the same is bound to restore the amount necessary to
make good his share of the capital without interest.
Sec. It. Beit further enacted, That a special partner examinations,
may from time to time examine into the state and pro¬
gress of the partnership concerns ; may advise as to their
management, and act as attorney at law, but must not
transact any other of the partnership business, nor be em¬
ployed for that purpose as agent or otherwise; and if he
interfere contrary to the provisions of this section, he is
deemed a general partner.
Sec. 18. Be it further enacted, That the general part- accounts.
8
58
1860-61. Chap. 28.
Fraud.
Bankruptcy.
Dissolution.
Clerks' and
Registers' fees.
ners are liable to account to each other, and to tlie special
partners for their management of the partnership, both
in law and equity, as other partners.
Sec. 19. Be it further enacted, That any partner who
is guilty of any fraud in the affairs of the partnership is
liable civily to the party injured to the extent of the dam¬
age, and is also guilty of a misdemeanor.
Sec. 20. Be it further enacted, That in case of the
bankruptcy or insolvency of the partnership, no special"
partner, under any .circumstance, is to be allowed to claim
as a creditor until the claims of all the other creditors of
the partnership are satisfied.
Sec. 21. Be it further enacted, That no dissolution of
such partnership by the acts of the parties must take
place before the time specified in the certificate of its for¬
mation, or in the certificate of its renewal, until a notice
of its dissolution has been recorded in the register's office
in which the original certificate was recorded, and pub¬
lished once a week for four successive weeks in the nearest
newspaper to each of the places where the partnership
transacts its business.
Sec. 22. Be it further enacted, That the clerk of the
county court and public register shall be entitled to the
following fees for services rendered under this act: for each
acknowledgment and probate the clerk shall be allowed
fifty cents; for recording the original certificates and ac¬
knowledgments, and each transcript of the same, the
register shall be allowed one dollar ; for recording such
affidavit twenty-five cents; making out transcripts and
certifying the same, fifty cents, and the same fees on the
renewal or continuance of the partnership. [Ratified the
— day of February, 1861.]
1860-'6L Chap. 29.
59
PILOTAGE.
AN ACT TO AMEND THE 4TH SECTION OF AN ACT ENTITLED " AN ACT £9
FOR THE BETTER REGULATION OF PILOTAGE ON THE CAPE FEAR
RIVER AND BARS," RATIFIED THE 7TH DAY OF FEBRUARY, 1859.
Section 1. Be it enacted by the General Assembly of the Amends former-
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the 4th section of an act en¬
titled " an act for the better regulation of Pilotage on the
Cape Fear River and Bars/' ratified the 7th day of Feb¬
ruary, 1859, he amended by striking out all the words in
said section after the words "in the following manner,
viz and insert the words—for every vessel over either of
the bars or inlets of the Cape Fear River drawing six feet
water and under seven [feel,] eight dollars ; for every ves¬
sel drawing seven feet water and under eight feet, nine
dollars and fifty cents; for every vessel drawing eight feet
water and under nine feet, ten dollars and fifty cents; for Establishes
every vessel drawing nine feet water and under ten feet,
twelve dollars; for every vessel drawing ten feet water and
under eleven feet, thirteen dollars and fifty cents; for every
vessel drawing eleven feet water and under twelve feet,
sixteen dollars and fifty cents; for every vessel drawing
twelve feet water and under thirteen feet, twenty dollars;
for every vessel drawing thirteen feet water and under four¬
teen feet, twenty-five dollars; for every vessel drawing four¬
teen feet water and under fifteen feet, thirty dollars ; for
every vessel drawing fifteen feet water and under sixteen
feet, thirty-five dollars; and for every vessel drawing six¬
teen feet and over, forty dollars. For every vessel from
Smithville to Wilmington, or vice versa, drawing six feet
water and under seven feet, nine dollars; for every vessel
drawing seven feet water and under eight feet, ten dollars
and fifty cents; for every vessel drawing eight feet water
and under nine feet, eleven dollars and fifty cents; for
every vessel drawing nine feet water and under ten feet,
thirteen dollars ; for every vessel drawing ten feet water
and under eleven feet, fourteen dollars and fifty cents; for
60
1860-61. Chap. 29.
every vessel drawing eleven feet water and tinder twelve
feet, seventeen dollars and fifty cents ; for every vessel
drawing twelve feet water and under thirteen feet, twen¬
ty-one dollars; for every vessel drawing thirteen feet
water and under fourteen feet, twenty-six dollars; for
every vessel drawing fourteen feet water and under fifteen
feet, thirty-one dollars; for every vessel drawing fifteen
feet water and under sixteen feet, thirty-six dollars; for
every vessel drawing sixteen feet water and over sixteen
feet, forty-one dollars. For every vessel from Five
Fathom Hole to Wilmington, and vice versa, drawing six
feet water and under seven feet, seven dollars; for every
vessel drawing seven feet water and under eight feet,
eight dollars ; for every vessel drawing eight feet water
and under nine feet, nine dollars ; for every vessel draw¬
ing nine feet water and under ten feet, ten dollars; for
every vessel drawing ten feet water and under eleven feet,
eleven dollars and seventy-five cents ; for every vessel
drawing eleven feet water and under twelve feet, fourteen
dollars ; for every vessel drawing twelve feet water and
under thirteen feet, fifteen dollars and fifty cents; for
every vessel drawing thirteen feet water and under four¬
teen feet, nineteen dollars and seventy-five cents; for
every vessel drawing fourteen feet water and under fifteen
feet, twenty-three dollars and twenty-five cents; for every
vessel drawing fifteen feet water and under sixteen feet,
twenty-six dollars; for every vessel drawing sixteen feet
water and over, twenty-nine dollars. And, the pilotage
from Smithville to Brunswick, or from Brunswick to "Wil¬
mington, or vice versa, shall he one-half the pilotage from
Smithville to Wilmington; and the pilotage [from] Smith¬
ville to Five Fathom Hole, from Five Fathom Hole to
Brunswick, from Brunswick to Campbell's Island, and
from Campbell's Island to "Wilmington, or vice versa, one
fourth of the Pilotage from Smithville to Wilmington;
dxtylons own- Provided, That vessels of sixty tons burthen, owned by
noti?equ1redtato citizens of this State, shall not be required to take a pilot,
take a pilot. Sec. 2. Be it f urther enacted, That all acts, or clauses
of acts, coming in conflict with the provisions of this act,
be and the same are hereby repealed.
1860-61. Chap. 29—30—31.
61
Sec. 3. Be it further enacted, That this act he in force
from and after its ratification. [.Ratified the 23d day of
February, 1861.]
RAPE.
AN ACT TO DECLARE WHAT SHALL BE SUEEICIENT TO CONSTITUTE THE Qhafl 30
CRIMES OE RAPE, CARNALLY KNOWING AND ABUSING A FEMALE CHILD
UNDER THE AGE OE TEN YEARS, AND BUGGERY.
Whereas, upon trials for the crimes of rape, carnally preaiame.
knowing and abusing female children under ten years of
age and buggery, offenders frequently escape by reason of
the difficulty of the proof which has been required of the
completion of those several crimes, for remedy whereof,
Section 1. Be it enacted by the General Assembly of the Pr00f-
State of North-Carolina and it is hereby enacted by the
authority of the same, That it shall not be necessary upon
the trial of any indictment, for any of the above named
fffences, to prove the actual emission of seed in order to
constitute the offence, but the offence shall be deemed and
taken in law to be complete upon proof of penetration
only.
Sec. 2. That this act shall be in force from and after
its ratification. [Batified the 22d day of February, 1861.]
REGISTRATION.
AN ACT TO EXTEND THE TIME EOR REGISTERING GRANTS, DEEDS AND Qfap gj
OTHER CONVEYANCES.
Section 1. Be it enacted by the General Assembly of the Extends-the
State of North-Carolina, and it is hereby enacted by thetimo tw0 yearBi
authority of the same, That all grants of lands in the
State, all deeds of conveyance, all conveyances of slaves,
all powers of attorney, and every other instrument in
1860-61. Chap. 31—32.
writing which is required or allowed to he registered
within a given time and has not "been proved and regis¬
tered within such time, may he proved and registered
within two years after the passage of this act, under the
same rules, regulations and restrictions as heretofore ap¬
pointed by law, and when so proved and registered shall
he as good and valid as if they had been duly proved and
tProviso. registered; Provided, That nothing herein contained
shall he so construed as to extend to mortgages and con¬
veyances in trust, and to marriage settlements.
Sec. 2. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 20th
day of February, 1861.
REVENUE.
{)hap 32 A1!f ACT T0 AMEND " AN ACT ENTITLED REVENUE,'1 RATIFIED 16TH DAY
OF FEBRUARY, 1859.
Amends act of Section 1. Be it enacted by the General Assembly*
1859. *elruary' of the State of North Carolina, and it is hereby enacted
by the authority of the same, That " An Act entitled Reve¬
nue," which was ratified on the 16th day of February,
1859, he amended in the following particulars, to wit:—
In addition to the exemption specified in section 25, there
shall also he exempted from taxation all such property
Exemptions, and estates, an^ their profits, as may belong to State and
County agricultural societies, and he set apart and used
by them for agricultural fairs; and all such, and their
profits, as may belong to any church or religious society,
and he set apart and used by them for parsonages.
Schedule A.
Sec. 2. The amendments under schedule A, shall he as
follows, to wit;
u i ♦ ♦ ♦ 0) ^ea,l property, with the improvements thereon, in-
Kd%l vOX
'is cent® on the duding entries of land, shall he taxed annually eighteen
cents on every hundred dollars of its value.
1860-61. Chap. 32.
63
(2) The provisions of paragraph (6) shall be construed Tax on interest
to extend to interest received or accrued upon the subjects
therein named, whether held in one's own right, or as
guardian, executor, administrator, clerk, or clerk and
master of any Court, or as trustee or agent of any kind
whatever, and the person or persons holding any such
subject of taxation shall list the same for taxation.
(3) Every resident of this >State owning any bonds of Tax on state
A n -KT • 1 bonds issnedaf-
the State ot North Carolina, issued alter the ratification ter ratification,
of this act, shall be liable to a tax of 4 cents on every
dollar of interest received from such investment.
(4) Paragraph (7) shall be amended as follows :— Tax uron divi-
Every dollar of nett dividend or profit, not previously ftlnds and prof"
listed, declared, received, or due on or before the first day
of July in each year, upon money or capital invested in
shares in the Bank of Washington, the Merchants' Bank
of Newberne, the Bank of Wadesboro', the Bank of Fay-
etteville, the Commercial Bank of Wilmington, the
Farmers' Bank of North Carolina, the Bank of Charlotte,
and the Bank of Yanceyville, shall pay an annual tax of
nine cents; and in shares in all other banks, or in any
other incorporation, or trading company, or in steam
vessels of twenty tons burden or upwards, four cents ; and
any person listing any dividends of profit of the banks
herein specially named, shall be required to list the same,
separately from any other dividend or profit, for which he
is liable to a tax, and also to specify the name of the
bank from which said dividend is due, or has been re¬
ceived.
(5) Every resident surgeon, dentist, physician, lawyer, Tax ugP™ prac-
portrait or miniature painter, daguerrean artist, or other fees! wages, &c.
person taking likenesses of the human face, every com¬
mission merchant, factor, produce broker, and auctioneer,
every State and County officer, (except judges of the su¬
preme and superior courts,) every president and cashier
or treasurer of any bank, railroad or other incorporated
company, whose annual total receipts and income, in the
way of practice, salary, fees, wages, perquisites and emol¬
uments amount to [or] are worth five hundred dollars or
64
1860-61. Chap. 32.
upwards, one per cent, on sucli total receipts and income;
and so much, of paragraph (16,) Schedule A., as imposes a
tax upon persons other than those herein named, is here¬
by repealed.
Tax on liquors, (6) That tax imposed by paragraph (17) upon liquors,
aiais.8 an °°r" wines and cordials shall hereafter be four per cent, where
it is five per cent., and eight where it is now ten per cent.,
and this paragraph, so amehded, is hereby transferred to
Schedule B., and the tax imposed by it shall hereafter be
given in and paid under the same rules, regulations and
penalties as are prescribed in case of merchants' tax.
collateral in- H) To facilitate the collection of the tax on collaterals,
beritance. Re- v ' ....
turn how to be everv executor or administrator shall return in his mven-
noade. "
tory, whether the estate of the deceased goes to the lineal
or collateral relations or to a stranger, and if to collater¬
als the degree of relationship of such collaterals to the
deceased, under a penalty of one hundred dollars, to bo
recovered in the name and for the use of the State.
Schedule B.
See. 1. The amendments under Schedule B. shall be as
follows, to wit:
(1) Every money or exchange, bond or note broker,
priv ate banker or agent of a foreign broker or banker,,
shall pay the sum of five hundred dollars for each county
in which he has an office or place of business, and every
person acting for such broker, whether with or without
compensation, shall be held and deemed a broker to all
intents and purposes, in the place or county in which he
shall so act, and shall be liable for the above tax.
(2) Every person who is not a resident of this State, and
who shall come into this State in the capacity of, or as
agent for a broker, and with the intention of exercising
any of the functions of a money or exchange broker, shall
pay the sum of five hundred dollars in each and every
county in which he shall act as a broker, which tax shall
be collected by the sheriff of the county, and be accounted
for as other taxes.
Broker's tax.
Non-resident
Broker's tax
$500.
1860-61. Chap. 32.
65
(3) Every person who shall propose to act as broker b™*€TS'li_
according to the foregoing section, shall pay the tax to
the sheriff of the county in the county in which such bro¬
ker's business is to be transacted, and take a license for
the same, which shall authorize him to act as broker for
one year; aad any person who shall act without such
license shall forfeit the sum of fifteen hundred dollars, to
be recovered by the sheriff of the county where such tax
may be due, one-third of which shall go to the sheriff,
and the remainder shall be accounted for as other taxes,
and such person so offending shall be guilty of a misde¬
meanor. f
(4) Every non-resident merchant, drummer or agent, Non-resident
i i • i n i o? merchants,
who shall come into this State and sell any goods, wares, drummers or
. . agents, to ob-
or merchandise, by sample or otherwise, whether delivered tain license and
• 11 £Ive
or to be delivered, snail pay a tax of one-half of one per
cent, on the gross amount of such sale made in any one
year, and shall, before making such sale, obtain a written
license from the sheriff of the county in which he propo¬
ses to do business, which the sheriff is authorized to issue
whenever such person shall give bond with security in
the sum of five hundred dollars for the payment of the
tax hereby imposed, at the time and under the same rules
and regulations as are prescribed for the payment of mer¬
chants' tax; and any person violating the provisions of
this paragraph shall be liable to a penalty of five hun¬
dred dollars, to be collected by the sheriff, four hundred
dollars of which shall be accounted for and paid as other
State taxes, and he shall be further liable to indictment,*
as for a misdemeanor.
Schedule C.
Sec. 4. And the amendments under schedule C shall tax upon Bank
, „ , ., stock to be paid
be as follows, to Wit : by President
(1.) The president and cashier of the banks herein
named, on or before the first day of October in each year,
shall pay into the public treasury the following tax on each
share of gtock owned by individuals or corporations, to wit:
9
66
1860-61 CHAP. 32.
The Bank of Washington, twenty-five cents.
The Merchants Bank of Newbern, twenty-five cents.
The Bank of Wadesboro', twelve and a half cents.
The Bank of Fayetteville, twelve and a half cents.
The Commercial Bank of Wilmington, twenty-five cents.
The Farmers Bank of North Carolina, twenty-five cents.
The Bank of North Carolina, sixty cents.
The Bank of Lexington, thirty tents.
The Miners and Planters Bank, thirty cents.
The Bank of Commerce, thirty cents.
The Bank of-Clarendon, thirty cents.
The Bank of Cape Fear, sixty cents.
The Bank of Wilmington, sixty cents.
The Bank of Charlotte, twelve and a half eents.
The Bank of Salisbury, sixty cents.
The Bank of Yancey ville, twenty-five cents.
And any other which may be chartered by this or any
future General Assembly, sixty cents on the share of
$100 of such stock, and in that proportion for shares of a
less value.
And in case the said officers of any bank shall neglect
neglect or fail to pay the tax as herein required, said bank shall
pay double the amount of said tax, and the same shall be
sued for and recovered by the Attorney General in the
name of the State, in the superior court of the county of
Wake.
copy of tax list. ®EC- 5. Hereafter the clerks of the county courts shall
to^ier£tim° have until the tenth day of April, in the year ensuing
the taking of the tax list, to deliver to the sheriff such a
copy thereof, and under the same penalties as are pre¬
scribed in the fortieth (40) section of said act. [Ratified
the 23d day of February, 1861.
Penalty for
1860—r61 Chap. 33.
6T
SINKING FUND.
AN ACT FURTHER TO AMEND " AN ACT TO CREATE A SINKING FUND." Chap, 33.
Be it enacted by the General Assembly of the State Commissioners
of North Carolina, and it is hereby enacted. That in order Agents out oi
thd StstOt
to enable the commissioners of the sinking fund to make
investments or sales the more expeditiously and with the
greater advantage, and otherwise facilitate their opera¬
tions, they shall have power and authority to appoint prop¬
er persons, residing out of this State, as their agent or
agents for those purposes ; and may make such reason¬
able allowances as may be usual for such services, and to
those ends they may order the public treasurer to procure
On such terms as they may prescribe, and remit to such
agent or agents the funds to be at any time invested.
Be it further enacted, That in order to avoid loss by How bonds or
spoliation or otherwise, and promote convenience, the be cancelled.—
. . . . . j, . r ... Certificatesto
commissioners oi the sinking fund may, irom time to time, be issued.
in their discretion, order and direct that any bonds or se¬
curities for a debt of the State issued by or on behalf of
this State, which the commissioners of the sinking fund
have purchased or paid, or may purchase or pay, and
now or may hereafter hold as a part of the sinking fund,
shall be cancelled or burned, and thereupon the same
shall be cancelled or burned by the public treasurer, in
the presence of the Governor and comptroller, and of at
least two of the commissioners of the sinking fund; and in
lieu thereof the public treasurer shall execute to the com¬
missioners of the sinking fund a certificate or certificates
for the amount or amounts so cancelled or burned, bear¬
ing the same rate of interest, payable half yearly, which
the original securities themselves bore, and shall also in
each case execute a duplicate certificate, which shall be
deposited with the comptroller for safe keeping. [Rati-
fed the — day of February, 1861.]
68
1860.-61 Chap. 34—35.
SLAVES AND EREE NEGROES.
Chap. 34. AN act t0 amend chapter 107, section 66, op the revised code,
relating to free negroes having arms.
Not to carry or Sec. 1. Be it enacted by the General Assembly of the
voqp flrtvi w.
Fine of $50. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That chapter 107, section 66, of the
Revised Code, he amended to read as follows : If any free
negro shall wear or carry ahout his person or keep in his
house, any shot gun, musket, rifle, pistol, sword, sword
cane, dagger, howie knife, powder or shot, he shall he
guilty of a misdemeanor, and upon conviction fined not
less than fifty dollars.
power to grant Sec. 2. Be it further enacted, That all laws empower-
itoenseerepeal ing the several county courts of the State to grant licen¬
ses to free negroes to carry fire arms, he and the same are
hereby repealed. [Ratified the 23d day of February,
1861.]
Chap. 35. an act to change the rules of evidence in indictments for
trading with slaves.
Burdenofproof Be it enacted by the General Assembly of North Caro-
on defendant. , .
lina, and it is hereby enacted by the authority of the same,
That in all indictments for trading and trafficking with
slaves, or for giving or selling liquor to slaves, wherein
it is necessary negatively to aver the consent of the owp-
er or manager of the slave to the trading, selling or giv¬
ing, that the burden of proof shall rest upon the defend¬
ant to show that he had a written license or permit, as
required by law, to trade, or give, or sell to the slave.
[Ratified the 23d day of February, 1861.]
1860-61. Chap. 36—37-
69
AN ACT TO PREVENT TREE NEGROES FROM HIRING OR HAVING THE Chap. 36.
CONTROL OF SLAVES.
<%
Sec. Be it enacted by the General Assembly of North Free negroes ^
Carolina, and it is hereby enacted by the authority of the or control1
same, That no free negro, or free person of color shall he
permitted or allowed to buy, purchase or hire for any
length of time, any slave or slaves, or to have any slave
or slaves bound as apprentice or apprentices to him, her
or thein, or in any other wise to have the control, man¬
agement or services of any slave or slaves, under a pen¬
alty of one hundred dollars for each offense, and shall
further be guilty of a misdemeanor, and liable to indict¬
ment for the same.
Sec. 2. Be it further enacted. That this law does not Does not apply
apply, and shall not affect any free negro or free person atdlroofratf-
of color who is the legal owner of any slave at the time
of the passage of this act.
Sec. 3. Be it further enacted, That this law shall take
•effect from and after its ratification. {Ratified the 23d
day of February, 1861.]
AN ACT TO PROHIBIT THE EMANCIPATION OF SLAVES BY WILL. Chap. 37.
Be it enacted by the General Assembly of the State of No Blave t0 ^
North Carolina, and it is hereby enacted by the authority wTu.Mipate<iby
of the same, That no slave in this State shall hereafter be
emancipated by last will and testament, or deed, or other
instrument or conveyance to take effect as to said eman¬
cipation after the death of the testator or person execu¬
ting or making such deed, or other instrument or convey¬
ance, but that all such wills, deeds or other instrument
or conveyance in so far as they purport to effect such,
emancipation, shall be null and void; and no slave so at¬
tempted to be emancipated, shall pass under any general
residuary clause in any last will and testament, but the
testator shall be deemed and taken to have died intestate
as to such slave. {Ratified the 31s£ day of January, 1861.]
TO
1860-61. Chap. 38—30.
MISCELLANEOUS.
Chap. 38.
Penalty and
damages,
Proviso.
an act to prevent damages by camp pikes.
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 if any wagoner or other person encamp¬
ing in the open air shall leave his camp without totally ex¬
tinguishing his camp fire, he shall he liable to a penalty of
ten dollars, to be recovered by any person suing for the
same, and he shall be further liable for the full amount of
damages that any individual may sustain by reason of any
fire getting out from said camp, to be recovered by action
on the case in the superior court of law for the county in
which said camp may be situated, or in which said damage
may be done; Provided^ That this act shall apply only to
the counties of Cumberland, Hamett, Bladen, Moore, Hert¬
ford and Chowan. [Ratifed the 23*7 day of February, 1861.]
Chap. 39. an act t0 diminish costs on equity sales por partitions.
Taxed fee no. Sec. 1. Beit enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the
authority of the same, That in all eases of petitions in the
courts of equity for the sale of real estate for partition
among tenants in common, the fee taxed for the solicitors
of the petition shall be ten dollars, where the land sold
shall bring less than $500. And the clerk and master shall
not be allowed more than ten dollars for his services in
making such sale and the title. And no person but the
clerk and master shall be appointed to make such sale.
Aiiowanoes for Sec. 2. In sales of real estate by decree of a court of
all services ex- . " , .
cept taking tea- equity, allowances for all services except for taking testi-
Umonyorao- ^ x °
counts. mony or accounts, shall be as follows: For sales of five
hundred dollars or less, not more than ten dollars ; for two
thousand dollars and not less than five hundred, not more
than two per centum; and when the allowance shall amount
to forty dollars, any additional compensation shall not ex¬
ceed the rate of one per centum; Provided, This section
1860-/61. Chap. 39—40—41. 11
shall not extend to any fees for proofs, subpcenas or regis¬
tration of decrees.
Sec. 3. Be it f urther enacted, That the act passed at the ^6al8 aot of
session of 1852, entitled " an act to give to the court of
pleas and quarter sessions of the county of Randolph ju¬
risdiction over the sale of real estate for division among
joint tenants and tenants in common," be and the same is
hereby repealed. [Ratified the 23d day of February,
1861.]
AN ACT TO AMEND AND EXTEND THE PROVISIONS 01 THE 6TH SECTION Chap. 40.
OF THE 48TH CHAPTER OF THE REVISED CODE, ENTITLED '' FENCES."
Be it enacted by the General Assembly of the State
Forth Carolina, and it is hereby enacted by the authority afence^6^°f
of the same, That Dan river, from the town of Madison, in
the county of Rockingham, east to the Yirginia line, shall
hereafter be, and is hereby declared a water course suffi¬
cient instead of a fence, XRatified the 22d day of Febru¬
ary,, 1861.]
AN ACT TO AMEND AN ACT PASSED AT THE SESSION OF 1856-7, ENTI- Chap. 41.
TLED " AN ACT TO PROVIDE FOR THE PAYMENT OF TALES JURORS."
Sec. 1. Be it enacted by the General Assembly of the Be^aia'Act 3d
State of Forth Carolina, cmd it is hereby enacted by the Fe ruary'1857,
authority of the same, That the provisions of an act rati¬
fied on the 3d day of February, 1857, entitled " an act to
provide for the payment of tales jurors," be and they are
hereby repealed.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day
of February, 1861.]
Y2
1860- 61.
-Chap. 42—43—44.
Chap. 42. an act providing for iibating and lighting the capitol.
Providesjfor
heating and
lighting the
Capitol.
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 Governor and treasurer he and are here¬
by requested to employ some suitable person to have the
halls and such of the rooms of this eapitol as they think
expedient, comfortably heated by a furnace or some other
suitable manner, and lighted with gas, and that the cost
for the execution of the work be paid by the treasurer out
of any moneys in his hands not otherwise appropriated.
\Batifed the 2Qth day of January, 1861.]
Chap. 43. an act to amend an act entitled "an act for toe relief of
such persons as may suffer from the destruction of the re¬
cords of pitt county, occasioned by the burning of the court
house," passed at the session of 1858-9, to extend the time
of relief under the act from three years to six tears.
Extends thai'
time for relief.
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 an act entitled u an act for the relief of
such persons as may suffer from the destruction of the re¬
cords of Pitt county, occasioned by the burning of the
court house," be and is hereby amended so as to extend the
time limited for relief under said act from three years to
six years after the first day of January, 1859. [Ratified
the 19th day of Febmary, 1861.
Chap 44 AN ACT T0 AMEND TIIB UTn section 52nd chapter of the revised
code.
Adds "and Be it enacted by the Gene red Assembly of the State of
Tyrrell." . .
North Carolina, .and it is hereby enacted by the authority
of the same, That the 52nd chapter and 11th section of the
Revised Code be and the same is hereby amended so as to
insert after the word Hyde, in said section, the words—and
Tyrrel. [.Ratified the 25th day of February, 1861.]
1860-61.—Chap. 45—46.
-AN ACT TO AMEND AN ACT PASSED AT THE PRESENT SESSION OP THE Chap. 45.
GENERAL ASSEMBLY, ENTITLED '' AN ACT TO APPOINT A TAX COL¬
LECTOR FOR WAYNE AND OTHER COUNTIES."
Sec. 1. Be it enacted by the General Assembly of North includewuson,
n ,j . . 7 7 ■ /• t Beaufort and
Carolina, and it is hereby enacted by the authority of the Greene.
same, That the provisions of an act passed at the present
session of the General Assembly, entitled an act to appoint
a tax collector for Wayne and other counties, he extended
bo as to include "Wilson county, Beaufort county, and
Green county.
Sec. 2. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 22nd
day of February, 1861.]
AN ACT TO APPOINT A TAX COLLECTOR FOR THE COUNTIES OF WAYNE, Chap. 46.
HAYWOOD, BURKE, PASQUOTANK, MECKLENBURG, IREDELL, DAVIDSON,
ANSON, UNION, JOHNSTON, MADISON, MACON, BUNCOMBE, CALDWELL,
ORANGE, CHEROKEE, HENDERSON, PITT, CHATHAM, BERTIE AND
SURRY.
Sec. 1. Be it enacted by the General Assembly of the county courts
State of North Carolina, and it is hereby enacted by the lectors in above
cmthority of the same, That at the first court of pleas and
quarter sessions, held for said counties' after the first day
of* January, 1861,' and annually thereafter,, a majority of
the acting justices of said counties being present, the court
shall elect, hy ballot, a person as tax collector for said
counties.
Sec. 2. Be it further enacted, That the person so elect- Collectors to ^
ed shall enter into three separate bonds, viz: one bond for take oath,
the collecting and accounting for public taxes: one bond
for the collecting and accounting for the county taxes, and
one bond for the collecting and accounting for the school
taxes, each of which bonds shall be for $10,000 at least;
and the court, \vhen they deem it necessary, may increase
the amount of said bond to any sum not exceeding $50,-
000, to be approved of by the court; and shall also take
10
74
1860—'61. Chap. 46—47.
an oath, to be administered by the clerk of said court of
pleas and quarter sessions, faithfully to discbarge tbe
duties of bis office as tax collector, as follows, viz: I, A.
B., do solemnly swear, upon tbe Holy Evangelist of Al¬
mighty God, that I will collect and faithfully account for
all tbe taxes which may come into my hands as tax col¬
lector, to the best of my skill and ability, so help me God.
bonds collects- Sec. 3. Be it further enacted, That the tax collector
l>le as Sheriffs' . , . . „ , . , -n i -i
bonds. appointed by virtue of this act shall have the same com¬
pensation, and be under the same rules and restrictions,
and subject to the same penalties, forfeitures and fines, and
his bond subject to the same proceedings as the bond of
the sheriffs of the several counties of this State are subject
to and liable for.
tax List to be Sec. 4:. Be it further enacted, That the clerk of the
made out and. j _■ • n • i .• i n
given to coiiec- court ol pleas and quarter sessions for said counties shall
tor* make out the tax lists and deliver the same to the person
appointed by virtue of this act, by the tenth day of April
in every year, instead of delivering them to the sheriff as
heretofore, under the same pains and penalties as are now
prescribed in case of failing to deliver it to the sheriff.
repeals conflio- Sec. 5. Be it further enacted, That all laws, and clauses
ting laws. 0f iawSj coming within the meaning and purview of this
act, be and the same are hereby repealed.
Sec. 6. Be it further enacted, That this act shall J>e in
force from and after its ratification. [Batifed the lUh day
of February, 1861.]
Chap. 47. an act t0 extend the timb 0e perfecting titles to land hereto¬
fore entered.
Extends time of Sec. 1. Be it enacted by the General Assembly of the
payment. State of Forth Carolina, and it is hereby enacted by the
authority of the sa?ne, That all persons who have entered
land according to law since the first day of January, A. D.,
1850, and have not paid for the same, shall have until the
first day of January, A. D., 1863, to make payment and
proviso. perfect their titles thereto; Provided, That nothing herein
1860-61. Chap. 47—48—49.
7S
contained shall be so construed as to effect the titles of per¬
sons who have heretofore obtained grants to said lands, or
the right of junior entries.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day
of February, 1861.]
AN ACT TO AMEND SECTION 2ND, CHAPTER 118, OP THE REVISED (Jhap. 48".
CODE, ENTITLED "WIDOWS."
Be it enacted by the General Assembly of the State of Less than
T.T 7 XV -» • . 7 1 ~t 7 7 7 • twelve freehold-
Jyorth Ca/rohna, a/nd it is hereby enacted by the authority ersmaybesum-
7 J ° u xnoned to lay
of the same, That so much of the second section of the one off widow's
dower.
hundred and eighteenth chapter of the Revised Code, enti¬
tled " widows," as requires a jury to lay off a widow's
dower, to consist of twelve freeholders in all cases, be and
the same is hereby repealed; and hereafter it shall be law¬
ful for the court in which the petition is filed to direct the
summoning of not less than five nor more than twelve
freeholders for that purpose; and when any number less
than twelve shall be directed, such smaller number shall be
designated in the order of the court, and the writ of the
sheriff, and in all other cases the number shall be twelve,
as heretofore. [Ratified the 23d day of February, 1861.]
AN ACT TO AMEND THE 1ST SECTION OP THE 120TH CHAPTER OF THE (Jliap. 49*.
REVISED CODE, ENTITLED "WRECKS."
Sec. 1. Be it enacted by the General Assembly of the Alters limits-.-
State of North Carolina, and it is hereby enacted by the
a/uthority of the same, That the third wreck district in the
county of Currituck shall be so altered as to read, from
Coffee's inlet to a large pine standing on the main road,
about one hundred yards south of Samuel Tillett's sein
road south of the grave yard, thence running a due east
course from said pine to the sea, and a west course to the
sound.
1860-61. Ohap. 49—50—51.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 22d day
of February, 1861.]
'Ohap. 50. ^
-t AST ACT TO AMEND SECTION 5TH, CHAPTER 81 REVISED CODE, EN¬
TITLED " OYSTIrS AND OTHER PISH."
Penalty of $100. 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 any person, either by himself or agent,
committing any of the offences or violating any provisions
of section 5, chapter 81, Revised Code, entitled " Oysters
and other fish," shall be subject to a penalty of one hun¬
dred dollars for every offence, to be reeovered from either
principal or agent in any court having jurisdiction of the
same, or on a warrant before a justice of the peace, one
half to the person warranting or suing for the same, and
the other half to the common school fund of the county
wherein the said offence was committed or provision vio¬
lated. [Ratified the 23d day of February, 1861.]
M AN ACT TO AMEND THE 9th SECTION OF THE 93d CHAPTER OF REVISED
Chap. 51.
CODE, PUBLIC PRINTING.
Ten copies of Be it enacted by the Gtiural Asstmbly of the State of
laws for Libra- ^ jYotfh Carolina, and it is h< rbytnadul by the authority
of the same, That the ninth section of the 93d Chapter of
the Revised Code be so amended that the Librarian be
hereafter furnished with ten copies of the laws of North
Carolina, for the purpose of exchanging in his discretion
with any legal association in any of the other States who
may desire to exchange books with us. \_Batifiid the 23d
day of February, 1861.]
RESOLUTIONS
OF A PUBLIC NATURE, PASSED BY THE
GENERAL ASSEMBLY
OF
NORTH-CAROLINA.
1860-'61.
RESOLUTION CONCERNING ARMS.
Resolved, That the Governor he and he is hereby au- Governor to
thorized and empowered to engage the services of not more sons of skill;r
than two persons of skill to aid in the purchase of arms re¬
cently ordered by an act of the General Assembly. [Rat¬
ified the 1 §th day of January, 1861.]
RESOLUTION CONCERNING THE APPOINTMENT OF ADDITIONAL ENGROS¬
SING CLERKS.
Resolved, That the principal clerks of the two houses be Employ neces-
authorized to employ such additional number of engrossing sary olerks
clerks as may be necessary to ensure the speedy dispatch
of the public business now pending before the General As¬
sembly. [Ratified the 18th day of Februa/ry, 1861.]
I860-' 61. Resolutions.
RESOLUTIONS CONCERNING THE APPOINTMENT OP COMMISSIONERS TO
WASHINGTON CITY AND TO ALABAMA.
commissioners JResobed, That for the purpose of effecting an honorable
Citj^atSpropo°n and amicable adjustment of all the difficulties that distract
turn, Feb. 4th, the country upon the basis of the Crittenden resolutions as
modified by the legislature of Virginia, and for the purpose
of consulting for our common peace, honor and safety, the
Honorable Thomas Ruffin, of Alamance; D. M. Barringer,
David S. Reid, John M. Morehead and George Davis, be
and they are hereby appointed commissioners to represent
N orth Carolina in the proposed consultation to be held at
Washington City on the 4th February, 1861.
.preamble. And whereas, The State of North Carolina has been in¬
vited by the State of Alabama to meet at the city of Mont¬
gomery on the 4th February, 1861, for the purpose of
framing a provisional as well as permanent government;
And whereas, North Carolina, as a part of the Federal
Union, has no right to send delegates for such a purpose,
therefore,
^ommiBrioners 2. Be it resolved, That for the purpose of effecting an hon-
gomery, Ala. orable and amicable adjustment of all the difficulties that
distract the country upon the basis of the Crittenden reso¬
lutions as modified by the legislature of Virginia, and for
the purpose of consulting for our common peace, honor
and safety, the Hon. David L. Swain, M. W. Ransom and
John L. Bridgers, are appointed commissioners to visit
Montgomery, Alabama, for the purpose above indicated.
Governor to in- o. Besot vt dfarth /\ That His Excellency, the Governor,
sionerB°of their be requested immediately to inform the commissioners of
appointment, pjie-r appui^tmeiit, and upon the refusal of any one of them
to serve, report the same immediately to the General As¬
sembly. [Bafijitd thf 29th day of January, ISOl.j
RESOLUTION TO DEFRAY THE EXPENSES OF THE COMMISSIONER FROM
GEORGIA.
Governor au- Besolved. That His Excellency, the Governor, be and he
thorized to t m
draw upon is hereby authorized to draw upon the public Treasurer for
1860-61. Resolutions .
79
& gum sufficient to pay tlie expense of tlie Hon. Samuel
Hall, commissioner from Georgia. [Ratified the %Znd day
of February, 1861.
RESOLUTION TO AUTHORIZE THE GOVERNOR TO OFFER ONE THOUSAND
DOLLARS REWARD FOR AN ESCAPED CRIMINAL.
Resolved, That the Governor of this State be authorized Authorizes
to offer one thousand dollars reward for an escaped crimi- $1' rewar
nal. [Ratified the 18th day of February, 1861.
RESOLUTION CONCERNING PUBLICATION OF CALL FOR CONVENTION OF
THE STATE.
Resolved, That His Excellency, the Governor, be request- Publication and
ed forthwith to cause the publication in alb the newspapers ?^lce t0 Sher"
■of the State, the act providing for a convention of the peo¬
ple of North Carolina, and that the Governor be further
requested to furnish the sheriff of each county with fifty
hand-bills containing notice of the time of the election pro¬
posed to be held. [Ratified the 2d day of February, 1861.]
RESOLUTION CONCERNING GEOLOGICAL REPORTS.
Resolved, That the Governor be authorized and request- Gf
ed to cause to be distributed to each member of the two
branches of the General Assembly nine copies of each of
the following geological reports, viz: the Woody Plants
of North Carolina, by Rev. M. A. Curtis, I). I).; Agricul¬
ture of North Carolina, part 2nd, by Ebenezer Emmons,
State Geologist; The Swamp Lands of North Carolina, by
Ebenezer Emmons, State Geologist.
Resolved, That the Governor be requested to deposit the Deposit of doc-
residue of the copies of said reports in the State library, ument8,
and that the same be disposed of in the manner that may
be thought best by the State authorities. [Ratified the
%5th day of January, 1861.]
80
18 60-' 61. Resolutions.
RESOLUTION TO AMEND A RESOLUTION IN FAVOR OF CERTAIN ENTRIES OF
CHEROKEE LANDS PASSED AT THE LAST GENERAL ASSEMBLY.
vureoBeofrre-e Resolved.,, That a resolution of the last General Assembly
imbursirig oer- entitled a " resolution in favor of certain entries of Chero-
lain parties.
kee lands," be so amended as to authorize the agents of
the State for the collection of Cherokee bonds, when it shall
appear that there are bonds, such as are described in the
aforesaid resolution, and which have passed from under his
control, to reimburse the persons who have been required
to pay said bonds by transferring to them other Cherokee
bonds of like sums ; and if any such bonds have been paid
to contractors for work on any turnpike road and have
not been collected, the agents of the State aforesaid is here¬
by authorized and required to recall said bonds and substi¬
tute other Cherokee bonds in their stead. [Ratified the
26th day of January, 1861.]
RESOLUTIONS CONCERNING LIBRARY.
Catalogue to be Resolved, That the librarian make out a catalogue of
printed, Wnd books in the State and legislative libraries, and have the-
same printed, and that he have fifty copi^ thereof bound
for distribution among other public libraries.
Boom to be lit solved further, That the librarian is hereby author-
furnished. ized to have the library room painted, and to purchase such
furniture as may be deemed necessary for the same.
Expenses to be Resolved, That the expenses incurred under the forego-
urer on warrant ing resolutions be paid by the treasurer upon the warrant
of the Governor. {Ratified the — day of February, 1861.]
RESOLUTIONS PROVIDING FOR THE PUBLICATION OF CERTAIN COLONIAL
RECORDS AND LEGISLATIVE PROCEEDINGS.
journals of Re solred by the General Assembly, That the Secretary
sembiy ot 1715. of State and the State librarian be and they are hereby di¬
rected to contract for the printing of one hundred copies
i860- 61. Resolutions.
81
of the following manuscript records now in the office of the
Secretary of State, to wit:
1st. Journals of the Assembly of the Province of North
Carolina, held in the year 1715.
2nd. Journals of the Assembly of North Carolina, from Journals from
-iHHA i .1 -AhrhTK 1754 to 1775.
the year 1754 to the year 1775.
3rd. Council Book or proceedings of the Governor and Council book
Council of North Carolina, from the year 1734 to 1740. 1740.
4th. Council Book or proceedings of the Governor and Council book
Council of North Carolina, from the year 1764, till the the Revolution.
[Revolution.
5th. Journals of the Provincial Congress of North Caro- Journals from
lina, from 1774 till the Revolution. Revolution.
6th. Journals of the General Assembly from the year of journals from
Independence to the year 1800, not hitherto published, and before pub'-
not now found in the State library.
Resolved further, That the Secretary of State and the runted at n.c.
State librarian be and are hereby directed to have the colo- the Deaf,°Dumb
nial records and legislative proceedings herein ordered to and Bhnd'
"be published, printed at the North Carolina Institution for
the Deaf and Dumb and Blind.
Resol/ved further, That the Secretary of State and the Deposited in of-
State librarian have the said copies of the foregoing records of sfate.etary
and documents bound and deposited in the office of Secre¬
tary of State, subject to the further orders of the General
Assembly. [Ratified the 23d da/y of Februa/ry, 1861.
11
STATE OF NOETH-CAEOLINA, 1
Office of Secretary of State, >
April, 1861. 3
I, Eufus H. Page, Secretary of State, in and for the State of
North-Carolina, do hereby certify that the Acts and Eesolutions
contained in this Pamphlet, are true copies of the original Acts and
Eesolutions, passed by the General Assembly of this State, at its
Infa RAQCIATI
EUFUS H. PAGE, Secretary of State.
PUBLIC LAWS
OF THE
STATE OF NORTH CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
FIRST EXTRA SESSION OF 1861:
RALEIGH:
JOHN SPELMAN, PRINTER TO THE STATE.
1861.
PUBLIC LAWS
OP THE
STATE OF NORTH CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
FIRST EXTRA SESSION OF 1861.
MILITARY.
AN^ ACT TO PROVIDE POR THE MANUFACTURE OP ARMS AND OTHER QJia/p. 1.
MUNITIONS OP WAR.
Section 1. Be it enacted by the General Assembly of the Arsenal of eo&>
State of North-Carolina, and it is hereby enacted by the Fayetteviiie.
authority of the same, That hereafter the arsenal at Fay-
etteville shall he an arsenal of construction for the State
of North Carolina.
Sec. 2. The Governor shall appoint and commission coioneitocom-
some suitable person with the rank of colonel and place
him in command of said arsenal with the same pay as
officers of like rank in the confederate army.
Sec. 3. A sufficient number of superintendents and superintend-
operatives shall he immediately employed by the colonel K
in charge of the arsenal, and proceed to the manufacture owappropria-
of such arms and munitions of war as the necessities of
this State or the Southern States may require. And for
this purpose and^ the purchase of materials, the sum of
two hundred thousand dollars is hereby appropriated, to
be drawn by the Governor in such sums and at such
times as may seem necessary to carry out the provisions
of this act.
86
1861. Chap. 1—2.
point™therofli" Sec. 4. The Governor shall have power to> appoint and
®eM' commission any other officers who may he necessary to
the complete organization of said arsenal of construction.
Sec. 5. This act shall he in force from and after its
ratification. [Ratified the 8th day of May, 1861.]
Chap 2 an act to create a military board.
Military Board. Section 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 there shall he a military hoard
to consist of three persons, one of whom at least shall he
skilled in military affairs; said hoard shall he appointed
hy the Governor and continue in office during his term
of service, or until removed hy him, whose duty it shall
he to advise with the Governor relative to the appoint¬
ment of all military and naval officers, or such other mat¬
ters respecting naval or military affairs as the General
Assembly shall assign to said hoard.
Pdnc^ai offi. Sec. 2. Be it further enacted} That there shall he a prin-
tfea. cipal officer therein, who shall have the charge and cus¬
tody of all the records, hooks, papers and accounts apper¬
taining to said hoard, and shall execute and perform all
such duties as shall from time to time he entrusted to
him hy the Governor, relative to military and naval af¬
fairs ; he shall keep a record of the transactions in his
office, and have supervision of all accounts and returns of
adjutant general, inspector general, quarter-master gen¬
eral, commissary general and surgeon general, or other
military or naval officer, as may he directed hy the Gov¬
ernor.
Military Seore- Sec. 3. Be it further enacted. That said officer shall he
tary, rank, eto. . . \ '
ex-officio chief aid of the Governor, with the rank and the
pay of a colonel in the army of the Confederate States of
America, and he entitled the Military Secretary of the Ex¬
ecutive department, and shall have a clerk, to he appointed
hy him, who shall receive a salary of one thousand dollars
per annum.
1861. CHAP. 2—3.
87
Sec. 4. Be it further enacted^ That the Governor shall Governor to
have power to convene said hoard from time to time, and andfiiivacan-
whenever he may deem proper, and shall have power to
fill all such vacancies as may occur in said board by death,
resignation or otherwise.
Sec. 5. Be it further enacted, That the members of said pay and mile-
board other than the principal officer, shall receive three of Board,
dollars per day each day they are actually engaged in the
service of the State, and the same mileage as is now al¬
lowed members of the General Assembly.
Sec. 6. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 10th
day of May, 1861.]
AN ACT TO PROVIDE FOR THE PUBLIC DEFENSE. Chap. 3.
Section 1. Be it enacted by the General Assembly Governorto
of the State of North Carolina, and it is hereby enacted 'military1*
by the authority of the same, That in order to provide speed- ^ofYhe state
ily forces to repel invasions and aid the Confederate *nd acoeptfor
States of America, maintaining the rightful possession of £ndntweiveUB"
any portion of territory belonging to each Southern State, teers!hs TOlun"
and to secure the public tranquility and independence
against threatened assaults, His Excellency, the Governor,
by the advice of the military board, be and he is hereby
authorized to employ the militia, military and naval
forces of this State, and to ask for and accept the services
of twenty thousand volunteers, who may offer their ser¬
vices either as cavalry, mounted riflemen, artillery or in¬
fantry, in such proportion of these several arms as he may
deem expedient, to serve for twelve months after they
shall be mustered into service, unless sooner discharged,
with power, on the part of the Governor, to increase said
volunteer force to the number of fifty thousand, if the
public exigencies demand it.
Sec. 2. That the Governor shall arm, clothe and equip STa£drequip
• ,, . -t n volunteers, &c.
said volunteers, except as to mounted men, when mus-
88
1861. Chap. 3.
tered into service, and each mounted volunteer shall fur¬
nish his own horse and equipments.
Pay, &o„ of Sec. 3. That said volunteers shall, when called into ac-
actual service. tual service, and while remaining therein, he subject to
the rules and articles of war of the Confederate States of
America, and instead of clothing, every non-commissioned
officer or private in any company shall he entitled, when
called into actual service, in money to a sum equal to the
cost of clothing of a non-commissioned officer or private
in the regular army of the Confederate States of America,
in case said non-commisBioned officers or privates shall
furnish their own clothing.
How to be ac- Sec. 4. That the said volunteers so offering their ser-
uon of'officer*, vices may he accepted hy the Governor, hy the advice of
the military board, in companies, squadrons, batallions or
regiments, and the several companies and troops are here¬
by authorized to elect their own officers, who, when elec¬
ted, shall he commissioned hy the Governor,
organization Sec. 5. That the Governor, with the advice of the mili-
into battalions, .
?ments°etc Ke' board, 1S hereby authorized to organize companies so
tendering their services into battalions or squadrons;
battalions or squadrons into regiments, and regiments
into brigades, and brigades into divisions, whenever in his
judgment such organizations may be expedient; and when¬
ever brigades or divisions, as well as regiments, shall be
organized, the Governor, by and with the advice of the
military board, shall appoint the commanding officers for
such brigades and divisions, in the manner hereinafter di¬
rected, who shall hold their offices only while such brig¬
ades and divisions are in service ; and such officers so ap¬
pointed shall have power to appoint staff-officers of like
number and like rank as officers of the same rank in the
regular army of the Confederate States of America are
empowered to appoint,
compensation Sec. 6. That whenever said volunteers are called and
received into service under the provisions of this act, they
shall have the same organization, and shall have the same
pay and allowance as may be provided for the regular
army of the Confederate States of America; and all
for^horaefl, etc.
1861. Chap. 3.
89
mounted non-commissioned officers, privates, musicians
and artificers shall be allowed forty cents per day for the
use and risk of their horses; for horses killed in action,
or dying in actual service, volunteers shall be allowed
compensation according to their appraised value at the
date of muster into service, and the Governor shall have
such appraisement made.
Sec. 7. That the Governor, by and with the advice and Appointment
consent of the military board, shall appoint a maior gen- cers DEtec«on
i r i .... p • , 1 , j of field officer*.
<eral for each division of said corps of volunteers,, and a
brigadier general for each brigade, and the commissioned
company officers of each regiment shall elect a colonel,
lieutenant colonel and major for such regiment.
Sec. 8. That whenever said volunteers shall be called to°ap-
into service in such numbers that the officers of thequar- ^officersin11"
ter-master, commissary and medical departments are not S?£^omrni».
sufficient to provide for the supplying, quartering, trans- icafde^t™8*"
porting and furnishing them with the requisite medical ment8'
attendance, it shall be lawful for the Governor to appoint
as many additional officers of said departments as in his
judgment the public service may require, with such rank
as like officers hold in the regular army of the Confederate
States of America, and with like pay and allowances;
afid the Governor is hereby required to exact of the pub¬
lic officers who are subordinate to him in the military de¬
partment, such bonds with good sureties for the faithful
performance of their duties as in his judgment the public
safety may require him to demand.
Sec. 9. That the Governor may prescribe rules for the Governortoea-
government and drilling of said volunteers, and have andhaveaein.
printed and distributed such works and treatises on mili¬
tary science as he may deem expedient, the expenses of
such printing and distribution to be paid out' of the pub¬
lic treasury.
Sec. 10. That the Governor shall have power to muster Governor to
« . form encarop-
.said companies, squadrons, battalions, regiments or divis- ments, tender
ions into service at any point in tlie State where he may Bemce8' e
designate, and to form encampments of the same at such
places as he may deem expedient; and he is further au-
12
90
1861. Chap. 3.
thorized to tender the services of said volunteer force, or
any part thereof, to the Confederate States of America, and
have them mustered into the service of said Confederate-
States of America, or any one of the slaveholfiing States-
payand allow. Sec. 11. That said volunteers, both officers and privates.
ances. _
shall be entitled to the same pay and allowances, and
emoluments, as are allowed to the officers and privates in.
the regular army of the Confederate States of America.
Number of Sec. 12. That each company organized under this act
members and , . . ,,
officers in each shall consist of not less than sixty-iour privates, nor more
compaoy.
than one hundred, uuless the Governor shall otherwise
direct, and each company shall be officered by one cap¬
tain, one first lieutenant, one second lieutenant, and one
third lieutenant, who shall rank as brevet second lieuten¬
ant, to be elected by the vote of the company, and com¬
missioned by the Governor, and four sergeants and four
corporals to be appointed by the respective captains.
Bond for safe gEC- i3t That in the distribution of the arms of the State
Keeping and re¬
turn of arms, to the volunteer corps,'the Governor may, at his discre¬
tion, require a bond payable to the State of North Caro¬
lina, with sufficient security from the captain of each
company to whom such arms shall be distributed, for the
safe keeping and return of the same.
®EC" 14- That the Governor shall have power to appoint
ter8- such drill masters for companies, squadrons, battalions or
regiments, with such rank as he may assign them as in
his opinion the safety and defense of the State may re¬
quire.
designate nni- Sec. 15. That the Governor may fix and designate the
form' uniform of the several companies, aud in default of such
designation by the Governor each company may deter¬
mine upon its own uniform.
Repeals former gEC. 16. That all laws and clauses of laws which are in
laws.
conflict with this act, be and the same are hereby repealed.
Bountj of ten Sec. 17. That each volunteer shall be entitled to and
receive on the day he is mustered in the service, a bounty
of ten dollars, to be paid out of the public treasury.
Sec. 18.-That this act shall be in force from and after
its ratification. [Ratified the 10th day of May, 1861.]
dollars.
1861. Chap. 4.
n
AN ACT TO PROVIDE WAYS AND MEANS FOR PUBLIC DEFENSE. Chap. 4.
Section 1. Be it enacted by the General Assembly of the appropriates
State of North-Carolina, and it is hereby enacted by the ' '
authority of the same, That five millions of dollars, or so
much thereof as may he necessary, he and the same is
hereby appropriated to meet the demands upon the pub¬
lic treasury for the next ensuing two years, which sum
shall be raised and provided for in the way and manner
following:
Sec. 2. The public treasurer is hereby authorized and authorizes
r J 9 Treasury notes
required at as early a day as practicable to have suitably of differentde.
r J J r j nominations to-
prepared and to issue treasury notes payable to bearer,
upon the faith and credit of the State, to the amount of
five hundred thousand dollars of the various denomina¬
tions of five, ten, twenty-five, fifty, one hundred and two
hundred cents in the following proportions, vie: ten
thousand dollars in bills or notes of five cents; ten thou¬
sand dollars in notes or bills of ten cents; ninety-five
.thousand dollars in bills or notes of twenty-five cents ;
fifty thousand dollars in bills or notes of fifty cents ,* two
hundred and five thousand dollars in bills or notes of one
hundred cents, or one dollar ; and two hundred thousand
dollars in bills or notes of two hundred cents, or two dol¬
lars, which notes shall bear no interest, and which shall
he receivable in payment of all public dues and redeema¬
ble in specie or current notes on or before the first day
of January, eighteen hundred and sixty-six.
Sec. 3. The public treasurer is hereby authorized and
required to negotiate a loan with the several banks of the ce°t*t6per
State for a sum not exceeding in the aggregate one mil¬
lion dollars, for which he shall issue the bonds of the
State renewable annually and bearing six per cent inter¬
est, payable at the end of each and every year, and which
bonds shall be payable at such time as the Legislature
may hereafter direct.
Sec. 4. Be it further enacted, That if the above sum of treasury notes-
one million and five hundred thousand dollars shall not ji.ooo^ooa °*
he sufficient to meet the demands upon the public treasu-
m
1861.—Chap. 4.
ry during the next two years, then in that case the public
treasurer is hereby authorized and required to issue
treasury notes upon the faith and credit of the State to
the amount of one million dollars in notes of the various
denominations of three, four, five, ten, twenty, fifty, and
one hundred dollars, and the total amount of each re¬
spective denomination shall be as nearly as may be the
same, which notes shall bear no interest, and are hereby
made and declared to be receivable in payment of all
public dues; these notes shall be made payable to bearer,
signed by the public treasurer and countersigned by the
Public Treasur- comptroller. The public treasurer and comptroller shall
■er and Comp- . .
bookst0 keep ea°h provide a book in which shall be kept an accurate
account of all the notes of the various denominations paid
out under the various provisions of this act, and also an
accurate account of all sums returned, which boohs shall
at all times be open to the inspection of the General As¬
sembly ; and for the keeping of such books they shall
each, if absolutely necessary, be allowed to employ some
suitable person to act as clerk,
ttier^oan cff^nr" Sec. 5. Be it further enacted, That if the above sum of
:$5oo,ooo. two millions and five hundred thousand dollars as above
provided for shall be insufficient to meet the demands on
the public treasury during the next two years, then and
in that case the public treasurer is hereby authorized and
required to borrow the further sum of five hundred thou¬
sand dollars in the same way and manner as provided for
in the third section of this act.
Authorizes fur. Sec. 6. Be it further enacted, That if the sum of
■Treasury6notes three million dollars as above provided for shall not be
SffiST °f sufficient to meet the demands upon the public treasury
during the next two years, then and in that case the pub¬
lic treasurer is hereby authorized and required to issue
the additional sum of five hundred thousand dollars in
treasury notes, in the same way and manner in all re¬
spects as provided for in the fourth section of this act.
flCoan of $75o,- Sec. 7. Be it further enacted, That if the above sum
■OOO. Issue of J '
treasury notes. 0f three million and five hundred thousand dollars shall
not be sufficient to meet the demands upon the public
1861. Chap. 4.
treasury during the next two years, then and in that case
the public treasurer is hereby authorized and required to
borrow from the several hanks a sum not exceeding seven
hundred and fifty thousand dollars in the same way and
manner as provided for in the third section of this hill,
and if that sum shall he insufficient to meet the demands
upon the public treasury during the next two years, or if
he should fail to negotiate a loan for such sum, or any
part thereof, he is hereby authorized and required to issue
treasury notes in the same way and manner in all re¬
spects as provided for in the fourth section of this hill, to
an amount not exceeding five million dollars, including
the several amounts authorized to he issued and borrowed
by him under the various sections and provisions of this
act.
Sec. 8. Be it further enacted, That no hank of this Banks not to be
State shall he required to resume specie payments while Bum£®p®goi°t
any portion of the amounts above authorized to he bor¬
rowed from such hank shall remain unpaid.
Sec. 9. If any person shall falsely make, forge or coun- penalties for
terfeit, or cause the same to be done, or willingly aid or fntlnt
assist therein, any note in imitation of, or purporting to fraud the state
be, a treasury note, issued by the authority of this act,
with the intent to defraud the State, the person so offend¬
ing shall he deemed guilty of felony, and on conviction
thereof in the superior court, he shall he adjudged to
stand in the pillory one hour, and receive thirty-nine
lashes on his hare hack, and he imprisoned not less than
six months nor more than three years, and fined at the
discretion of the court, and all or any of such punishment
may, at the discretion of the court, he inflicted.
Sec. 10. If any person either directly or indirectly, defrauding in-
whether for the sake of gain or with intent to defraud or
injure any other person, shall utter or publish any false,
forged or counterfeit notes as is mentioned in the pre¬
ceding sections, or shall pass or deliver, or attempt to
pass or deliver the same to another person, knowing the
same to he falsely forged or counterfeited, the person so
offending shall, on conviction thereof in the superior court,
94
1861. Chap. 4—5.
be punished in like manner as is provided in the preced¬
ing section of this act.
Sec. 11. jBe it further enacted, That this act shall he
in force from and after its ratification. [Ratified the 11 th
day of May, 1861.]
Chap. 5. AN act t0 provide tor the organization or the departments
op the military service and for other purposes.
p^tmentB^t'o Section 1. Be it enacted by the General Assembly of the
make rules, etc. g£ate 0f North-Carolina, and it is hereby enacted by *the
authority of the same. That the heads of the various de¬
partments in the military service of the State shall he
authorized, hy and with the consent of the Gover¬
nor, to make all rules and regulations for the com¬
plete organization of their respective departments; Pro¬
vided, such rules and regulations shall not he incon¬
sistent with the constitution and laws of North-Carolina,
and such rules and regulations when made and approved
hy the Governor shall have the force of law, and he bind¬
ing upon all persons subject thereto.
clerk# and Sec. 2. There shall he allowed to the adiutant general,
messengers, X-, -,.
the quarter-master and paymaster general, the adjutant
and inspector general, the commissary general of subsist¬
ence, and the surgeon general, each a clerk, whose salary
shall not exceed five hundred dollars; two messengers
for all the departments of government, whose salary shall
not exceed two hundred dollars, and each department
may employ a messenger, if deemed necessary, at the
same salary.
officera already Sec. 3. All military officers who have been heretofore
appointed hy the Governor and in the service of the State
shall receive the pay of their respective grades in the
army of the Confederate States, from the time of their
appointment until the 15th of May, 1861, for those sta¬
tioned in the city of Raleigh, and to the 20th of the same
month for those stationed -elsewhere, at which time the
said appointment shall cease unless confirmed in the man-
1861. Chap. 5—6.
ner provided in the act providing for the raising of ten
-thousand State troops, which was passed at the present
session, and the said officers shall he paid out of any
money appropriated for defraying the expenses of the war.
Sec. 4. This act shall be in force from and after its rat¬
ification. [Ratified the 13th day of May, 1861.]
AN ACT TO RAISE TEN THOUSAND STATE TROOPS. Chap. 6.
Section 1. Be it enacted by the General Assembly of the di vision of ten
State of North-Carolina, and it is hereby enacted by the
•authority of the same, That the Governor shall imme¬
diately after the passage of this act proceed to raise by
voluntary enlistment a division or corps of ten thousand
men to serve during the present war, unless sooner dis¬
charged. The troops of this corps shall be known as the
State troops of North Carolina.
Sec. 2. Be it further enacted, That this division shall How constitu-
consist of a corps of artillery and engineers; one regi¬
ment of cavalry and eight regiments of infantry; light
infantry and riflemen to be recruited under the general
^direction of the Governor and in conformity with such
-regulation as he may prescribe.
Sec. 3. The corps of artillery and engineers shall con- Artillery and
sist of not exceeding eight companies or batteries of light En&meers-
•and heavy artillery, with one colonel, chief of artillery
and engineers; one lieutenant colonel, two majors, (one
quarter-master and one commissary, with the rank of first
lieutenant, and one adjutant, all to be appointed by the
colonel, the last from the first lieutenants of the corps,)
one sergeant major, one quarter-master sergeant, ten cap¬
tains, sixteen first lieutenants and sixteen second lieuten¬
ants. Each company shall consist of one first sergeant,
one quarter-master sergeant, three sergeants, four corpo¬
rals, two buglers, two artificers ; (and in addition for each
light company, one farrier and one blacksmith,) and nine¬
ty privates; each company to have one captain and four
lieutenants to be assigned by the colonel or other com-
96
1861. Chap. 6.
manding officer. The chief of the corps shall detail such,
commissioned officers as may he necessary to perform the
duties of the engineer and ordnance departments; officers
so detailed are subject at any time to he relieved from
such duties hy the chief. All officers of this corps shall
he subject to the same rules and regulations as to com¬
mand which govern the officers of infantry and cavalry;
Proviso. Provided, That officers specially detailed on engineer and
ordnance duty shall not assume or he ordered on any oth¬
er duty while so detailed, except hy order of the com¬
mander-in-chief.
o»vairy, infan- Sec. 4. The regiment of cavalry shall consist of one
try, light infan- , .
try, or riflemen colonel, one lieutenant colonel, two majors, (one commissa¬
ry and one quarter-master, with the rank of first lieutenant,
and one adjutant, with the rank and command of first
lieutenant, all of whom shall he appointed hy the colonel;)
one sergeant master, one quarter-master sergeant, one
commissary sergeant and ten troopseach troop shall
consist of one captain, one first lieutenant, two second
lieutenants, one first sergeant, one quarter-master ser¬
geant, four sergeants, four corporals, two buglers, one far¬
rier, one saddler, and from sixty-four to ninety privates.
Each regiment of infantry, light infantry or riflemen
shall consist of one colonel, one lieutenant colonel, one
major, (one commissary and one quarter-master with the
rank of first lieutenant, and one adjutant with the rank
and command of first lieutenant, all to he appointed hy
the colonel;) one sergeant major, one quarter-master ser¬
geant, one commissary sergeant and ten companies; each
company to consist of one captain, one first lieutenant and
two second lieutenants, one first sergeant, four sergeants,,
four corporals, two musicians and from sixty-four to nine¬
ty privates.
Additional offi- Sec. 5. This corps or division shall have the following
division"orp8° officers, in addition to those already provided for, viz:
one major general, three brigadier generals, one quarter¬
master and paymaster general, one adjutant and inspector
general, and one commissary general, all with the rank of
colonel, and one surgeon general with the assimilated.
1861. CHAP. 6,
97
rank of eolonel; six assistant adjutants and inspectors
general, to rank as follows: one lieutenant colonel, one
major and four captains; eight assistant quarter-masters
and paymasters general, to rank as follows : one lieuten¬
ant colonel, two majors and five captains, six assistant
-commissaries general of subsistence, to rank as follows :
one lieutenant colonel, one major and four captains, ten
surgeons with the assimilated rank of major, and not ex¬
ceeding ten assistant surgeons with the assimilated rank
of captain, and ten with the assimilated rank of first lieu¬
tenant, and to each regiment one chaplain with the pay
of major, and one assistant chaplain with the pay of
captain.
Sec. 6. The Governor shall, by and wi£h the advice and Appointment
. . , Of commiMioa*
consent of the military board, appoint the commissioned officers.
officers provided for in this act, (except the aids-de-camp;)
the commissary officers shall be appointed and ordered to
recruit their respective companies, and as soon as they
can complete the same to sixty-four privates, with the re¬
quired non-commissioned officers, and report the fact to
the adjutant and inspector general, their commissions
shall be issued and bear date from the time of their ap¬
pointment. Should any captain fail to raise his company
in a reasonable time, the Governor, by and with the con¬
sent of the military hoard, may revoke his appointment.
Sec. 7. The major general may appoint two aids-de- general'* aid*,
camp, with the rank as follows : one captain and one first
lieutenant. Brigadier generals may appoint one aid-de¬
camp, with the rank of first lieutenant, to be taken from
the brigades.
Sec. 8. All the officers and men of this division or 0ath| etc.
corps shall, at and before their entrance into the service,
take an oath to be prescribed by the Governor, by and
with the consent of the military board, and shall also be
subject to the rules, regulations and penalties of the arti¬
cles of war and army regulations of the army of the Con¬
federate States of America.
Sec. 9. The pay, clothing, subsistence and allowances
s hall be the same for officers and men as are now provi-
13
98
1861. Chap. 6—7.
ded by law for the troops of the army of the Confederate
States of America.
Uniform. Sec. 10. Tlie "uniform for tbis corps shall be prescribed
by the Governor on tiie recommendation of a board of
competent military officers to be assembled for that purpose.
Act for militia Sec. 11. The quarter-master and paymaster general, the
qrdred. adjutant and inspector general, the commissary general and
the surgeon general, together with their assistants herein
provided for, shall also perform the duties belonging to
their respective departments for the volunteer and militia
corps of the State, when required by the Governor.
Bonda. SEC. 12. The quarter-master and paymaster general, the
commissary general and their assistants, and all other dis¬
bursing officers ghall, before entering upon their duty, give
bond with approved security, payable to the State, for the
faithful performance of their duties, in Such sum as the Gov¬
ernor may require.
Bounty $15- Sec. 13. Every enlisted man shall receive a bounty of
fifteen dollars, payable when mustered into service.
Sec. 11. All laws and parts of laws inconsistent with this
act are hereby repealed.
Sec. 15. This act shall be in force from and after its pas¬
sage. [Ratified the 8th day of May, 1861.]
ChOfp 7 AN ACT T° PR0VrDE F0R THE TIME WHEN VOLUNTEERS SHALL RECEIVE
PAT FOR THEIR SERVICES.
Pay of voiuu- Sec. 1. Be it enncttd "by the General Assembly of the
teer"' State of Morth Carolina, and it is hereby enacted by the
authority of the same, That in all cases in which any com¬
pany of volunteers may have been or may hereafter be
enlisted and organized under the proclamation of His Ex¬
cellency, the Governor, and shall have been tendered to
the Governor, the said volunteers shall receive, from and
after they have been so tendered and accepted by the Gov¬
ernor, the same pay and rations, both the officers and
privates, as are received by volunteers after they have been
mustered and received into the service of the State, and
1861. Chap. 7—8.
99
that hereafter the expenses incurred by them in organizing
and in their transportation previous to their being muster¬
ed and received into service shall be refunded, whether the
same shall be incurred by the commanding officer of the
company, counties, corporations or individuals; Provided, Proviso.
however, That proof shall be made to the satisfaction of the
Governor of the amount they expended, and that the same
was necessary and proper for the volunteers aforesaid.
Sec. 2. Be it further enacted, That the Governor shall Governor to
i -l m i draw on
have power to draw upon the ireasury ior the sum neces- Treasury.
sary to carry out the provisions of this act.
Sec. 3. J^e it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 11th
day of May, 1861.]
AN ACT TO ESTABLISH TELEGRAPHIC LINES IN THIS STATE.* Chap. 8.
Sec. 1. Be it enacted by the General Assembly of the {^telegraph.
*State of North Carolina, and it is hereby enacted by theic lines ereoted-
authority of the same, That the Governor of the State be,
and he is hereby authorized and empowered to have erected
and established all such telegraphic lines and communica¬
tions in this State as in his judgment may be necessary
for our safety and defense.
Sec. 2. That the Governor have authority to employ ^employed
suitable persons to operate said telegraphic lines, and that
the expenses of constructing said lines and the compensa¬
tion for said employees be paid by the treasurer upon the
warrant of the Governor.
Sec. 3. That the Governor is further authorized, when- Governor to
i i • -i . . „ , take possession
ever the public saiety demands, to take possession ot and of lines,
control the telegraphic lines already erected in this State
and employ suitable persons to take charge of the same,
making such arrangement for the use thereof with the
owners as he may deem just and proper.
Sec. 1. That this act shall be in force from and imme¬
diately after its ratification. [Ratified the 10th day of
May, 1861.]
100
1861. Chap. 9.
MISCELLANEOUS.
Chap 9 AN ACT T0 AUTH0RIZ® AND REQUIRE THE GOVERNOR OF NORTH CAROLINA
TO CALL A CONVENTION OF THE PEOPLE OF THIS STATE.
Governor^to^ia- Sec. 1. Be it enacted by the General Assembly of the
Hon ordering State of North Carolina, and it is hereby enacted by the
election of del- % ' * -J
egatea. authority of the same, (two-tliirds of all tlie members of
each House concurring,) That upon the passage of this act,
His Excellency, the Governor, be and he is hereby author¬
ized and required to issue his proclamation, ordering an
election to be held in each and every county in this State,
on Monday, the thirteenth day of May, A. D., 1861, upon
the federal basis, for delegates to a convention of the peo¬
ple of this State, to convene at the seat of government, in
Kaleigh, on Monday, the twentieth (20th) day of May, in
the year of Our Lord one thousand eight hundred and sixty-
one.
How elections Sec. 2. That the said election for delegates shall be held
and conducted in the same maimer and at the same places
as elections for members of the General Assembly are now
held in this State, and the vote shall be counted, and the
scrolls compared and certificates issued to the delegates
elect in the manner prescribed by law in the case of an
election for members of the House of Commons,
cancy presidiiig Sec. 3. That in case any vacancy shall occur by the death,
wriftVlherlff resignation or removal from the State, or by the refusal to
serve of any person elected a delegate to said convention,
the presiding officer of the convention shall issue his writ,
directed to the sheriff of the county in which such vacancy
may have occurred, after giving such notice as may be
ordered by the convention, to open a poll and hold an elec¬
tion to fill such vacancy in the same manner and under the
same rules and regulations as are hereinbefore prescribed
for the election of the original delegates.
coMitt of 120 Sec. 4. That the said convention shall consist of one hun-
deiegates. dred and twenty delegates, and each county in the State
shall be entitled to elect the same number of delegates t< >
the said convention as it now has of members of the House
of Commons under the last apportionment.
1861. Chap. 9—10.
101
Sec. 5. That the members of said convention shall be £ay mem.
bers, &c.
entitled to same mileage and per diem pay received by
members of the General Assembly, to be paid ont of the
treasury, in the same manner as the said members are now
paid, and said convention shall by vote fix the pay of all
their officers and of any delegates or representatives whom
they may appoint to any convention or congress, and shall
provide for all other expenses incurred by said convention,
to be paid out of any moneys in the treasury in the man¬
ner they may direct.
Sec. 6. That this act shall be in force from and after its
ratification. [.Ratified the lstf day of May, 1861.]
AN ACT AUTHORIZING VOLUNTEERS TO VOTE FOR DELEGATES TO THE (JJiap, 10.
CONVENTION, AND SUPPLEMENTAL TO A ACT [BILL] PASSED AT THE
PRESENT SESSION OF _THE GENERAL ASSEEBLY ENTITLED A ACT [BILL]
TO AUTHORIZE AND REQUIRE THE GOVERNOR OF NORTH CAROLINA TO
CALL A CONVENTION OF THE PEOPLE £F THIS STATE.
Section". 1. Be it enacted by the General Assembly of rcteat^r0
the State of North Garrolina, and it is hereby enacted by CMnp"-
the authority of the same, That volunteers who have ten¬
dered their services to the Governor and left their homes
shall have the right to vote for delegate or delegates to the
convention, within their respective encampments, precisely
as if they were still residing in their several counties, and
to that end the captain, or in case of the absence of the
c&ptain, the other officer in command of the several com¬
panies, shall open polls in their respective camps for an
election for delegates to the convention on the 13th day of
May, 1861, which election shall be conducted in the same
manner and under the same rules and regulations as elec¬
tions for members of the House of Commons are held and
conducted, the captains of the several companies exercising
the same power over the election in camp as the sheriffs
have and exercise at the precincts in their respective
counties.
102
1861. CHAP. 10—11.
captain* to re- Sec. 2. That the captains of the several companies shall
vise scrolls and . n -1 -l i -i - ..
make certificate examine the scrolls and compare the vote held m their
camps and shall certify the result of said vote to the
sheriffs of the several counties from which the volunteers
may come, and the sheriffs in all the counties that have
furnished volunteers shall compute the vote of said volun¬
teers as certified to them as aforesaid in determining the
sheriff to make result of said election, and the sheriffs of the counties that
returns. '
have tendered volunteers who have left their homes shall
not declare the result of said election or furnish certificates
to any person as delegate elect until 4 o'clock, P. M., on
Thursday next succeeding the day of election. [Ratified
the 8tA day of May, 1861.]
Chap. 11. AN ACT T0 MAKE VALID CERTAIN IRREGULAR PROCEEDINGS OF THE
COUNTY COURTS OF THIS STATE, AND FOR OTHER PURPOSES.
Preamble. "Whereas, the county courts of several of the counties of
this State, either at their regular term or at special terms,
in response to the late call of the Adjutant General for
volunteers, did pledge the faith and credit of their re¬
spective counties for provisioning, equipping and transport¬
ing the volunteers of said counties; and, whereas, divers
patriotic individuals in said counties have voluntarily ad¬
vanced money and means required for said purposes;
therefore,
Affirms pre- Be it enacted iby the General Assembly of tht State of
ceedings. JYorth Carolina, and it is hereby enacted by the avtharity
of the same, That all acts and proceedings of any county
court of this State, either at its regular term or at a special
call of the magistrates thereof heretofore had for the pur¬
poses above stated be legalized and are hereby confirmed.
S*ievyytaxegrta Sec. 2. Be it further enacted, That the county courts of
said counties, a majority of the justices being present, are
hereby authorized and empowered to levy taxes on all sub¬
jects of taxation in this State to pay the liabilities thus in¬
curred, and to reimburse those individuals who have volun¬
tarily advanced their means for the purposes above stated.
1861. CHAP. 11—12—13.
103
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 11th day
of May, 1861.]
ANT ACT TO REPEAL RESTRICTIONS UPON FISHING. Chap 12.
Sec. 1. Be it enactedby the General Assembly of the State Repeals certain
of North Carolina, and it is hereby enacted by the authority
of the same, That all acts and parts of acts now in force,
in any way restrict jpg the fishing or hauling of seines upon
the waters of the Albemarle sound, the Roanoke and
Cashie and Chowan rivers and their tributaries, be and the
same are hereby repealed so as to apply to the springs of
1861-62.
2. Be it further enacted that this act shall be in force
from and after its ratification. [Ratified the 1st day of
May, 1861.]
AN ACT TO REPEAL 5TH SECTION OF THE 76TH CHAPTER OF THE Chap* 13,
REVISED CODE, ENTITLED '1 OATHS."
Sec. 1. Be it enacted by the General Assembly of the Repeals 76th
State of North Carolina, and it is hereby enacted by the ®®°^nReviBed
authority of the same, That the fifth section of the 76th
chapter of the Reyised Code be and the same is hereby re¬
pealed, and that it shall not be lawful to administer to any
officer within this State any oath or affirmation to support
the constitution of the United States.
Sec. 2. Be it further enacted, That this act be in force
from and after its ratification. [Ratified the 2d day of
May, 1861.]
AN ACT FOR PATROL. Chap. 14.
Be it enacted by the General Assembly of the State of Three Justice*
North Carolina, and it is hereby enacted by the authority
of the same, That three justices of the peace, if they deem
104
1861.—Chap. 14—15.
it necessary, sliall liave the power to assemble at any time
and at any place within their district when a patrol is
needed, and then and there appoint and employ such a
number of persons as they may think necessary to patrol
said district, said patrol to be nnder the same roles and
regulations as are prescribed in chapter eighty-three of the
Revised Code, [jRatified the 9th day of May, 1861.]
Chdp 15 AN ACT T0 AT7TH0EIZE THE C01PNT1? COURTS ANI^ CORPORATE TOWNS AND
CITIES TO LAY TAXES EOR POLICE PURPOSES.
c^aty Court* Be it enacted by the General Assembly of North Car-
tboritieB to* oli/na, o/nd it is hereby enacted by the authority of the
35ESFB? same, That the courts of pleas and quarter sessions of
" this State, a majority of the justices being present, and the
mayor and commissioners of incorporated towns and cities
shall have power to make appropriations of money and
levy taxes upon all subjects of taxation now taxed for State
purposes to raise the same for the purpose of raising, equip¬
ping and paying any police force which they may deem
necessary for the protection of the citizens or property of
the county, town or city, and for the farther purpose of
rendering aid and support to the indigent families of per¬
sons engaged in the military service of the State; and for
these purposes the said courts, town or cities shall have
power to borrow money upon the faith and credit of the
county, town or city, for which certificates shall be issued
and signed on behalf of the counties by the chairman, and
countersigned by the clerk of the court, and on behalf of
the towns and cities, by the presiding ofiicer of the board
of commissioners and countersigned by the secretary of
said board.
Appoint Sec. 2. That said courts, towns and cities shall appoint
agents to receive and disburse said funds, and shall take
from them bonds payable to the State, with approved se¬
curity, conditioned for the faithful performance of their
duties and accounting for and paying over said funds to
the proper persons, and the said courts, towns or city an-
1861. Chap. 15—16.
lOfr
thorities sliall direct to what object the money shall be ap¬
plied.
Sec. 3. That the taxes by this act authorized may be ^Xatt0 be lev~
levied at any term on the part of the authorities of any term-
town or city, and on the part of the counties at any term
of the court, and five justices of the peace shall have power
to call a special term at any time, for the purpose of taking
this subject under consideration; Provided, That no busi¬
ness other than that contemplated by this act shall be trans¬
acted at such special term.
Sec. 4. That said courts and corporate authorities shall
have power to direct when" and in what manner the lists
X ia.
of said taxes shall be made out, and the time and man¬
ner of collecting the same.
Sec. 5. That the sheriff or town collector and his sure¬
ties shall be liable upon their official bonds for faithful col¬
lecting and paying over the taxes by this act. [Ratified
the 11th day of May, 1861.
AN ACT TO PROVIDE AGAINST THE SACRIFICE OF PROPERTY AND TO SUS- Chap. 16.
PEND PROCEEDINGS IN CERTAIN CASES.
Sec. 1. Be it enacted by the General Assembly of the No execution*
State of North Carolina, and it is hereby enacted by the oxceution.
authority of the same, That no execution of fieri facias or
venire exponas, founded upon a judgment in any suit or
action for debts and demands due on bonds, promissory
notes, bills of exchange, covenants for the payment of mon¬
ey, judgments, accounts and all other contracts for money,
demands or contracts for specific articles other than those
upon official bonds or in favor of the State or against non¬
residents, shall be issued from the passage of this act by
any court of record or magistrate, for the sale of property,
until otherwise provided by law: nor shall there be any
sales under deeds of trust or decrees, unless by the consent
of parties interested, until otherwise provided by law.
Sec. 2. "Where such executions have issued and are now
in the hands of officers, whether levied or not', the officer
14
106
1861. CHAP. 16.
having such executions shall return the same to the mag¬
istrate or court from whence they issued, without further
execution thereof, and executions upon the same judgments
shall not issue' again until the operation of this act ceases:
Proviso. Provided, That this act shall not be construed to discharge
the lien which has already been acquired by the taking out
such execution.
No jury trials in' Sec. 3. There shall be no trials of any cases requiring
ci cases. the intervention of a jury, nor upon warrants before a jus¬
tice of the peace, in any suit or action for debts or demands
due on bonds, promissory notes, bills of exchange, cove¬
nants for the payment of money, judgments, accounts and
all other contracts for money, demands or contracts for spe¬
cific articles.
•Public liaMii- Sec. 1. This act shall not apply to liabilities upon the
part of public officers, either to the State, counties, corpo¬
rations or individuals, nor to State, county or corporation
taxes, nor to debts hereafter contracted, nor to debts due
the State, nor to debts due from non-residents, nor to the
annual collection of interest: Provided, That no note,
bill of acceptance, or other obligation, the consideration of
which is any debt or obligation at present existing, shall
be held or considered as a debt hereafter contracted.
Seo. 5. The interest which has accrued since the first
day of January, A. D., 1860, or which may hereafter ac¬
crue upon any bond or promissory note which was payable
before the passage of this act, may be collected by action
of debt or assumpsit, before any justice of the peace, if the
amount ot interest sued for be within his jurisdiction, and
if not then, in the*county or superior court: Provided,
however, That no warrant or suit shall be brought, except
for the interest of one year or more, always making an
even number by computing the time from the day when
the interest upon such bond or promissory note began to
accrue.
Seo. 6. That any person who is about to remove his prop-
ery out of the State, without the consent of his creditors,
shall not be entitled to the benefit of this act.
Mortgagee, etc. Sec. 7. That all mortgages and deeds in trust, for the
ties.
Proviso.
Interest,
Provieo.
Removal.
1861. Chap. 16—17—18.
107
"benefit of creditors, hereafter executed, whether registered
or not, and all judgments confessed during the continuance
of this act shall be utterly void and of no effect.
Sec. 8. The time during which this law is in force shall Limitation,
not be computed in any case where the statute of limitation
comes in question.
Sec. 9. That this act shall be in force from and after its
ratification. [Ratified the 11th day of May, 1861.]
ax act concerning taxes. Ghd/p. 17.
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 no person shall hereafter be
compelled to list for taxation, any pistol, sword-cane or
bowie-knife: nor shall any person be compelled to 'pay
taxes upon such articles, except upon such as have hereto¬
fore been listed.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 11th day
of May, 1861.] '
AN act to define and punish treason against the state of north Jg
carolina and other offences against the sovereignty of the
state.
Sec. 1. Beit enacted by the General Assembly of the Definition of
Treason*
State of North Carolina, and it is hereby enacted by the
authority of the same, That treason shall consist only in
levying war against this State, or in adhering tp its enemies,
giving them aid and comfort, or in establishing, without
the authority of the General Assembly, any government
within its limits, separate from the existing government,
or in holding or executing in such usurped government,
any office, or professing allegiance or fidelity thereto, or
assisting the execution of the laws, under color of author¬
ity from such usurped government: and such treason, if
108
1861. Chap. 18.
proved by the testimony of two witnesses to tlie same overt
act, or by confession in open court, sliall be punished with
death.
information. Sec. 2. Be it further enacted, That if any free person,
knowing of any such treason, shall not, .as soon as may be,
give information thereof to the Governor of this State, or
to some conservator of the peace, such person shall be
punished by fine and imprisonment at the discretion of the
court.
Conspiring Sec. 3. Be it further enacted, That if any free person
' e advise or conspire with a slave to rebel or to make insur¬
rection in this State, or with person to induce a slave to
rebel or make insurrection, such person shall, upon convic¬
tion, suffer death, whether such rebellion or insurrection
be made or not.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 11 th day
of May, 1861.]
RESOLUTIONS
OF A PUBLIC NATURE, PASSED BY THE
GENERAL ASSEMBLY
OF
NORTH-CAROLINA.
AT ITS
FIRST EXTRA SESSION, 1861.
RESOLUTION AUTHORIZING THE GOVERNOR TO ERECT BATTERIES OR
OTHER FORTIFICATIONS, AND TO PURCHASE, OR CHARTER AND EQUIP
SUCH STEAMERS OR OTHER VESSELS AS MAY BE NECESSARY FOR THE
DEFENSE OF THE SEA COAST OF THIS STATE.
Resolved, That His Excellency, the Governor, he and he
is" hereby authorized to erect batteries or other fortifications
at or near the inlets of Hatteras and Ocracoke, and at such
other places on our sea coast or rivers as in his judgment
the public safety may demand, and to purchase, or charter
and equip such steamers or other vessels as may be neces¬
sary for the defense of the sea coast of this State, and that
he draw on the treasurer for the moneys necessary therefor.
[Ratified the 11th day of May, 1861.]
RESOLUTION CONCERNING POST OFFICES AND POST ROADS
Re soloed, That in the event the mail service in this State
should be discontinued, His Excellency, the Governor, be
110
1861. Besolutions.
authorized and empowered to take charge of the post offices
and to provide a continuance of the mail service on such
routes now in operation as he may deem the public interest
required, until such time as provision shall he made for the
same, either by the convention or at some future session of
the General Assembly.
Draw on. Trea- Resolved f urther, That to enable the Governor to carry
into execution the foregoing resolution he be authorized to*
collect postage at the rates now charged, and to draw on
the public treasurer for such sums of money as may be
necessary to defray the expenses over and above the re¬
ceipts from postage. [Ratified the 11 th day of May, 1861.]
RESOLUTION AUTHORIZING AND REQUESTING THE GOVERNOR TO COMMIS¬
SION SUCH OFFICERS OF NORTH CAROLINA AS HAVE RESIGNED OR MAY
HEREAFTER RESIGN THEIR COMMISSION IN THE ARMY AND NAVY OF
THE UNITED STATES.
Resolved, That if any officers have resigned or shall here¬
after resign in the army and navy of the late United States,
being citizens of this State, His Excellency, the Governor,
is hereby authorized to commission said officers in the army
and navy of North Carolina, and the said officers shall
receive the same rank and pay as officers of similar rank
in the service of Confederate States of America. [Ratified
the Hth day of May, 1861.] 4
RESOLUTION AUTHORIZING THE GOVERNOR OF THE STATE TO PROVIDE
FOR THE PROVISIONING OF TROOPS WHILE THEY ARE PASSING THROUGH
THIS STATE.
Resolved, That the Governor of the State be authorized
and required to provide for the proper provisioning, while
they are passing through this State, of such troops from
the Southern States as may go through this State on their
way to Virginia, and pay the necessary expenses for the
same out of any money in the treasury. [Ratified the lWh
day of May, 1861.]
18 61. Resolutions.
Ill
RESOLUTION AUTHORIZING THE GOVERNOR TO APPOINT A COMMISSION.
Resolved, That Ilis Excellency, the Governor, he au¬
thorized to appoint a commission to consist of one person
to represent the State of Hortli Carolina at the Govern¬
ment of the Confederate States in Montgomery, Alabama,
until the convention of the people, soon to assemble, shall
act upon the subject, and that the Governor be authorized
to draw upon the treasury for a sum of money sufficient to
defray theprdinary expenses of the commission. [Ratified
the 9th day of May, 1861.]
RESOLUTION OF THANKS TO HIS EXCELLENCY THE GOVERNOR OF THE
STATE.
Resolved, by the General Asembly of the State of North
Carolina, That we heartily approve of the prompt action
of our Governor, John W. Ellis, in taking possession of
the forts and the arsenals which belonged to the Federal
Government, and patriotic motives which led to their cap¬
ture. That in calling out the troops and his noble efforts
to put the State in a posture of defense, he has rendered
important service, for which our thanks are due and hereby
tendered. [Ratified the 9th day of May, 1861.]
RESOLUTION ON FEDERAL RELATIONS.
"Whereas, Abraham Lincoln has been and is still endea¬
voring to raise money upon the faith and credit of the so
called United States Government, for the purpose of wa¬
ging a wicked, unjust, unholy and unconstitutional war
upon the Southern States: and whereas Horth Carolina is
neither morally or legally bound to pay or in any wise
contribute to the payment of any debt incurred by the said
government since the 4th day of March last: How, there¬
fore, to the end that there may be no misapprehension on
the part of those who may invest their means in the secu¬
rities of said government, it is hereby
112
1861. Resolutions.
Resolved, That North Carolina ought never, in any event,
to pay any portion of the debt incurred by what is called
the United States Government, since the fourth day of
March last, or any portion of any debt or liability which
may be incurred hereafter. [Ratified the 9th day of May,
1861.]
joint resolution concerning the equipment and provisioning
op volunteers.
•governor to ex* By the General Assembly of North Carolina, Be it
former appro- resolved, That any portion of the sum of three hundred
priation, thousand dollars, appropriated at the past sitting of the
legislature for the purchase of arms for the State of North
Carolina, which now remains unexpended, be and the same
is hereby placed at the disposal of his Excellency, the Gov¬
ernor, to be expended at his discretion in arming, organi¬
zing, equipping, provisioning and transporting troops now
raised or to be raised in this State for the defense of the
South. [Ratified the 4dh day of May, 1861.]
joint resolution concerning the equipment and provisioning op
volunteers.
By the General Assembly of North Carolina, Be it re-
governor to ex- ^ ,
pend balance of solved, That any portion of the sum of three hundred
iormer appro- ' j x
priation.. thousand dollars appropriated at the past sitting of the
Legislature for the purchase of arms for the State of North
Carolina, which now remains unexpended, be and the same
is hereby placed at the disposal of His Excellency, the
Governor, to be expended at his discretion in arming, or¬
ganizing, equipping, provisioning and transporting troops
now raised or to be raised in this State for the defense of
the South. [Ratifed the 1st day of May, 1861.]
1861.—Resolutions .
RESOLUTION TO AUTHORIZE SETTLEMENT WITH AGENT OE CHEROKEE
LANDS.
Resolved, That the Governor appoint some suitable per¬
son, whose duty it shall be to examine all the books and
accounts of the agents of the State for the collection of the
Cherokee bonds, and further to make a settlement with the
said agents, and the commissioner shall be allowed such
compensation as the Governor and treasurer may in their
judgment think just and right, [jRatified the 11th day of
If ay, 1861.]
15
STATE OF NORTH-CAROLINA, )
Office of Secretary of State, >
June, 1861. 3
I, Rufus H, Paoe, Secretary of State, in and for the State of
North-Carolina, do hereby certify that the Acts and Resolutions
contained in this Pamphlet, are true copies of the original Acts and
Resolutions, passed by the General Assembly of this State, at its
first extra session.
RUFUS H. PAGE, Secretary of State.
STATEMENTS
OF THE
Controller of °§\Mk Jrroratte,
FOE, THE
TWO FISCAL YEARS ENDING SEPTEMBER 30TH,
1859 and 1860.
COMPTROLLER'S DEPARTMENT,
Raleigh, N. C., December 30tli, 1859.
To His Excellencyj John W. Ellis,
Governor of JTorth-Carolina :
Sir : I have tlie honor to submit herewith my annual report from
this Department of the Receipts and Disbursements at the Public
Treasury of the State of North Carolina, during the fiscal year ending
on the 30th day of September, 1859.
Yery respectfully, your obedient servant,
C. H. BROGDEN,
Comptroller.
COMPTROLLER'S STATEMENT.
1859.
GENERAL STATEMENT.
General state*
memt.
Amount in Lands of Public
Treasurer, Oct. 1st, 1858,
Receipts of Literary Fund for
fiscal year ending Sept. 30,
1859,
Receipts of Public Fund for fis¬
cal year ending Sept. 30,
1859,
Receipts of Sinking Fund for
fiscal year ending Sept. 30,
1859,
Disbursements of Literary fund
for fiscal year ending Sept.
30, 1859,
Disbursements of Public Fund
for fiscal year ending Sept.
30, 1859,
Disbursements of Sinking fund
for fiscal year ending Sept.
30, 1859,
in Lands of Public
Treasurer, Oct. 1st, 1859,
Leaving
& 184,457
158,442
2,295,721
93,030
209,156
1,900,083
92,665
LITERARY FUND.
Balance due tbis Fund, Oct.
1st, 1858,
Receipts of Literary Fund for
fiscal year ending Sept. 30,
1859,
Disbursements of Literary fund
for fiscal year ending Sept.
30, 1859,
Balance due tbis Fund, Oct.
1st, 1859,
78,166
158,442
209,156
27,452
$ 236,608
Literary fund.
40
1X8
1859. Comptroller's Statement.
PaTslie Fond. public fund.
Balance due this Fund, Oct,
1st, 1858,
Receipts of Public Fund for
fiscal year ending Sept. 30
1859,
Disbursements of Public
Fund for fiscal year ending
Sept. 30,1859,
Balance due this Fund, Oct.
1st, 1859.
$ 106,021
2,295,721
501,659'
hfomrtff fond. sinking fund.
Balance due this Fund, Oct. $
1st, 1858,
Receipts of Sinking Fund,
for fiscal year ending Sept.
30, 1859,
Disbursements o f Sinking
Fund for fiscal year ending
Sept. 30, 1859,
Balance due this Fund, Oct.
1st, 1859.
270
00
93,03000
1859,
•Comptroller's Statement,
119
RECEIPTS AND DISBURSEMENTS. Literary Fan<i-
Of Literary Fund for fiscal year ending Sept. 30, 1859.
receipts.
disbursements.
1858.
October,
November,
$ 206
04
$ 3,724
48
35,103
85
28,717
16
a
December,
1,554
86
48,769
38
1859.
J anuary,
29,937
67
14,052
57
CC
February,
3,226
39
5,291
16
cc
March,
875
75
3,510
45
u
April,
2,161
31,180
93
3,967
12
a
May,
01
46,844
72
June,
16,363
32
20,593
14
a
July,
24,548
52
6,148
26
u
August,
1,116
45
18,179
33
U
September,
12,167
25
9,358
31
$ 158,442
04
$ 209,156
08
RECEIPTS AND DISBURSEMENTS. Public Fund.
Of Public Fund for fiscal year ending Sept. 30, 1859.
1858.
u
U
1859.
October,
November,
December,
January,
February,
March,
April,
May,
June,
July,
August,
September.
receipts.
10,922.86
123,82241
53,382 50
19,54955
107,46936
158,01836
548,019
197,487
114,004
200,388
219,439
543,217
$2,295,72154
37
37
29
36
35
76
disbursements.
18,556
85,791
75,233
137,085
134,287
115,902
421,873
276,613
66,057
328,708
150,001
89,970
33
87
93
02
61
62
69
92
80
72
39
34
$ 1,900,083 24
120
1859. Comptroller's Statement.
Literary fund—
receipts-
LITEKAEY FUND.—{Receipts.)
Statement A.
Exhibiting the several sources from which the Receipts of
the Literary Fund have been derived:
Entries of Yacant Lands,
Bank Dividends,
Navigation Dividends,
Individual Notes,
Interest on Individual Notes,
"Wilmington & IV eld on E.E. dividends
(Interest on College Bonds,
Interest on Swamp Land Bonds,
Wilmington & Weldon E. E. Bonds,
Interest on Ealeigh & Gaston Eailroac
Bonds,
Interest on State Coupon Bonds,
Interest on Wilmington & Weldon
Eailroad Bonds,
Swamp Land Bonds,
Auction Tax,
Deaf and Dumb Asylum Tax,
Tax on retailers of Spirituous Liquors
Details as follows:
$158,11201
1858.
Oct.
Nov.
Dec.
Deceived of sundry persons for Entries
of Yacant Lands,
Sundry persons for Entries of Yacant
Lands,
Wilmington & Weldon Eailroad Com¬
pany, Dividend on Stock beld by
Literary Board in said Company,
Eoanoke Navigation Company, Divi¬
dend on Stock beld by Literary
Board in said Company,
Bank of Cape Fear, Dividend on Stock
held by Literary Board in said Bank,
Sundry persons, for Entries of Yacant
Lands,
1859. Comptroller's Statement.
121
Interest on the following- Bonds held
by Literary Board:
Normal College,
Monnt Pleasant Academy,
Clinton Female Institute,
Swamp Land Bond,
Sundry persons, for Entries of Y acant
Lands,
Bank of the State of North Carolina,
Dividend on Stock held by Literary
Board in said Bank,
Interest on Bonds of Raleigh & Gas¬
ton Railroad Company,
Sundry persons, for Entries of Yacant
Lands,
Interest on Normal College Bonds,
Interest on Greensboro' Female Col¬
lege Bonds,
Wilmington & Weldon Railroad Com¬
pany,Bond held by Literary Board,
Sundry persons for Entries of Yacant
Lands,
Interest on Floral College Bonds,
Cape Fear Navigation Company, Div¬
idend on Stock held by Literary
Board in said Company,
Interest on Individual Note,
Sundry persons, for Entries of Yacant
Lands,
Interest on Wake Forest College Bonds
Cape Fear Navigation Company, Div¬
idend on Stock held by Literary
Board in said Company,
Sundry persons, for Entries for Yacant
Lands,
Bank of Cape Fear, Dividend on Stock
held by Literary Board in said Bank
Bonds for Swamp Lands,
Individual Notes,
George McNeill, Agent for Cape Fear
Navigation Company, Dividend on
Stock in said Company,
Sundry persons, for Entries of Yacant
Lands,
Wilmington & Weldon Railroad Com-
16
200
60
90
41
602
25,135
4,200
398
300
210
2,31750
15
180
650
30
792
720
650
350
Literary fund-
receipts.
00
50
67
89
75
27,220
960
2,000
650
363
38
05
01
32
122
1859. Comptroller's Statement.
Literary funl—
receipts.
1859.
July.
Aug.
Sept.
pany, Dividend on Stock in said
Company,
Sundry persons, for Entries of Yaeant
Lands,
Interest on State Coupon bonds, held1
by Literary Board, I
Bank of the State of Horth Carolina,!
Dividend on Stock in said Bank, I
Sundry persons, for Entries of Yacant
Lands,
Sundry Sheriffs, tax on "Retailers,
Auction tax,
Jonas Cline, Sheriff* of Catawba Coun¬
ty, tax for indigent pupils at Asyluml
for the Deaf and Dumb and the Blind
J. L. Bundy, acting Sheriff' of Cabar¬
rus County, tax for indigent pupils
at Asylum for the Deaf and Dumb
and the Blind,
Sundry persons, for entries of Yacant
Lands,
Sundry Sheriffs, tax on Retailers,
Sundry Sheriffs, Auction tax, I
¥m. H. High, Sheriff of "Wake Coun¬
ty, tax for indigent pupils at the
Asylum for the Deaf and Dumb and
the Blind,
E. D. Hall, Sheriff of Xew Hanover
County, tax for indigent pupil at
the Asylum for the Deaf and Dumb
and the Blind,
G. "W. Crumpler, Sheriff of Sampson
County, tax for indigent pupils at
the Deaf and Dumb and the Blind,
$ 16,000
100
2*7
570
23,878
25
105
92
780
5
53
id
150
257
10,410
671
45362
75
300
$158,442 04
1859. Comptroller's Statement.
12a
LITERARY FUND.—(Dishwrserpents.) Literary fund—
7 disbursements.
Statement B.
Exhibiting the several objects for which the Disbursements
of the Literary Fund have been made:
Common. Schools,
Asylum for the Deaf and Dumb and
the Blind,
Bonds of Cape Fear and Deep River
Navigation Company,
State Coupon Bonds,
Loans by Literary Board,
Indian Grave Gap Turnpike Company,
General Superintendent of Common
Schools,
Expense Account,
Details as follows
|$209,15608'
Paid the Counties of Halifax and
Cleaveland the State's quota for sup¬
port of Common Schools, Spring
distribution, 1858 :
Halifax county, J. L. Ousby, chairman,
Cleaveland " J. R. Logan, "
S. H. Young, Treasurer of the N. C.
Institution for the Deaf and Dumb
and the Blind,
Paid sundry counties the State's quota
for support of Common Schools, Fall
distribution, 1858, as follows :
Alamance county, J. Trollinger, ch'mn,
Cabarrus " . A. J. Yorke, "
Caswell " Alvis Lea, "
Chatham " J. S. Lasater, "
Cumberland " A. M. Campbell,"
Davidson " John Hines, "
Forsyth " J. W. Alspaugh,"
Franklin, " W. T. Johnson, "
Gates, u S. W. Worrell, "
1,560 8L
1,162 64r
1,000
1,14492*
1,04088-
32.
60
06'
7&
74-
20
825 3&
1,459
1,851
976
1,694
1,275
1,141
124
1859. Comptroller's Statement.
1858.
Nov.
SLiterary fund—
Disbursements.
Dec.
Guilford county, Nathan Hiatt, ch'mn,
Hertford lc John B. Sharp, "
Iredell, " M. Campbell, te
Johnson " J. H. Kennedy, "
Perquimans " E. N. Riddick, "
Robeson " D. C. Mclntyre, "
Rowan " D. A. Davis, "
Wake " W. W. Whitaker,"
Warren " Samuel Bohhitt, "
Wayne " W. K. Lane, "
Yadkin " James Sheek, "
S. H. Young, Treasurer of the N. C.
Institution for the Deaf and Dumb
and the Blind,
Postage in Raleigh on printed matter
for Literary Board,
George T. Cooke, Postmaster in Ral¬
eigh, postage on Blanks for Com¬
mon Schools,
J. L. Pennington for publishing in
Daily Progress, Newhern, Fall dis¬
tribution, 1858, for Common Schools,
Paid sundry counties the State's quota
for support of Common Schools,
Fall distribution, 1858, as follows:
Alexander county, R. L. Steele, ch'mn,
Anson ~
Ashe
Beaufort
Bertie
Brunswick
Buncombe
Burke,
Camden,
Carteret
Caldwell
Cherokee
Chowan,
Cleaveland
Columbus
Craven
Currituck
Davie
Haywood
Edgecombe
H. B. Hammond, "
John Reeves, "
Joseph Potts, "
Jos. B. Cherry, "
Jno. H. Brooks, "
M. Patton, "
James Avery, "
Noah W. Forbes,"
J. P. C. Davis, "
W. A. Ballew, "
Geo. W. Hayes, "
Jas. D. Wynne, "
J. R. Logan, "
Haynes Lennon, "
John T. Lane, "
B. T. Simmons, cC
Lemuel Bingham,"
J. Cathey, "
David Barlow, "
1859. Comptroller's Statement.
125.
Granville co., L. A. Paschall, ch'mn,
Green
Harnett
Henderson
Jones
" Jas. W. Cox,
" H. C. Hamilton,
" A. H. Coffield,
Lenoir
Lincoln
Martin
" Edward Patrick,
" I). McCormick,
" Joseph Maxwell,
" John H. Cox,
" D. W. Sanders,
" W. H. Brown,
Mecklenburg" John P. Ross,
Moore " W. I). Howd,
Nash " J. J. Q. Taylor,
N. Hanover " S. D. Wallace,
Onslow
Orange
Pasquotank " W. W. Kennedy, "
Perquimans " E. N. Riddick, "
Person " G. D. Satterfield, "
Randolph " Jonathan Worth, "
Richmond " B. B. McKenzie, "
Stanly " R. G. Snuggs, "
Stokes " W. A. Mitchell, "
Surry " J. C. Norman, "
Union " M.W.Cuthbertson,"
Washington " Jos. Ramsay, act., "
Wilkes " A. A. Scroggs, "
Wilson " L. D. Farmer, "
S. H. Young, Treasurer of the N. C
Institution for the Deaf and Dumb
and the Blind,
Sundry persons for publishing Fal
distribution, 1858, Common Schoo'
Fund, as follows:
W. J. Yates, Western Democrat,
T. W. Atkin, Asheville News,
John W. Syme, Raleigh Register,
J. W. Alspaugh, Western Sentinel,
J. M. Newson, Salisbury Banner,
Holden & Wilson, printing sundry
blanks for Common Schools, anc
publishing in N. C. Standard Fal
distribution, 1858,
Pulaski Cowper, for defraying expen
see of Literary Board, from 15th
Oct. to 15th Dec,, 1858,
C. H. Wiley, General Superintendent
2,016
638
850
825
412
666
830
835
1,406
916
948
1,558
844
1,194
849
123
1,059
1,611
952
161
1,01880
91584
1,11096
513 60
36 Literary fund—
disbnrsementa-
52
10
96
20
84
88
32
88
26
58
32
80
84
96
60
12
32
16
1,391
04
13545
2,000
24
24
24
24
24
340 80
11
20
126
1859. Comptroller's Statement.,
1858.
Dec.
'Literary fund—
.disbursement.
1859.
Jan.
Fob.
of Common Schools, for expenses in
part incurred in distributing Com¬
mon School Register,
C. H. Wiley, postage for the years
1855-56 and '57, on account of
Common Schools,
Paid sundry counties the State's quo
ta for support of Common Schools,
Fall distribution, 1858, as follows :
Bladen county, Neill Graham, ch'mn,
Catawba " G. P. Shuford,
Cherokee " G. W. Hayes,
Duplin " H. Bourden,
Hyde " N. Beckwith,
Macon " J. B. Siler,
Northampt'n " Herod Faison.
Pitt " Alfred Moye,
Sampson " Archibald Monk,
Watauga " R. Mast, (Spring)
Watauga " Reuben Mast,
Yancey " M. P. Penland,
S. H. Young, Treasurer of the N. C.
Institution for the Deaf and Dumb
and the Blind,
C. H. Wiley, General Superintendent
of Common Schools, his 4th quar¬
ter's salary lor 1858,
G. J. Cherry, agent for superintend¬
ing swamp lands held by Literary
Board, his salary to Jan. 1st, 1859,
J. B. Godwin, for publishing in Dem¬
ocratic Pioneer, Fall distribution,
185S, for Common Schools,
Paid the following counties the State's
quota for the support of Common
Schools, Fall distribution, 1858 :
Gaston county, Rich'd Rankin, ch'mn,
Montgomery'1 Joseph Ewing,
Tyrrell " John Dunbar,
Paid Jonathan Worth, Chairman of
Common Schools in Randolph coun¬
ty, being money erroneously charged
for pupils at the Deaf and Dumb
Asylum, and refunded by resolution
7591
45
96288
98808
36
20
804
1,258
790
740
1,28772
1,28940
1,17732
40176
40176
96816
2,000
33
583
24
86736
739 56
53424
1859. Comptroller's Statement,
127
May.
of the Legislature of 1858-'9,
Paid for two State coupon honds of
$1,000 each, for use and benefit of
Literary Fund,
H. Young, Treasurer N. C. Institu¬
tion for the Deaf and Dumb and
the Blind,
Paid W. A. McCall, Chairman of
Common Schools in McDowell coun¬
ty, the State's quota to said county,
Fall distribution, 1858,
Paid S. H. Young, Treasurer N. €.
Institution for the Deaf and Dumb
and Blind,
Loaned to C. H. Wiley and others,
Graham Daves, Secretary to Literary
Board, expenses of members and
Secretary to Board, March 11th,
1859,
Holden & Wilson, printing, &c., for
Literary Board, per order of C. H
Wiley,
R. R. Page, Secretary of State, for
copy of " an act concerning Com¬
mon Schools," for C. H. Wiley,
Martin & Pearce, for publishing in
Fayetteville Carolinian, Spring and
Fall distribution, 1858, for Com¬
mon Schools,
C. H. Wiley, General Superintendent
of Common Schools, his 1st quar¬
ter's salary for 1859,
Paid Jones W. Burton, Chairman of
Common Schools in Rockingham
county, the State's quota to said
county for the year 1858,
S. H. Young, Treasurer N. C. Instil
tion for the Deaf and Dumb and the
Blind,
Paid sundry counties the State's quota
for the support of Common Schools,
Spring distribution, 1859, as follows
Wayne county, W. K. Lane, cli'man
Chatham " Jas. L. Lasater, "
Wake " W. W. Whitaker,"
$ 150
2,000
1,000
92
2,000
250
42
120
Litsrary fund—
disbursements.
13
26
375
2,967
1,000
,238
,926
40
2,53476
12
09
60
128
1859.
•Comptroller's Statement.
I/terary fund-
disbureements.
1859.
May. Warren co., Samuel Bobbitt, ch'"
Forsyth " J. W. Alspaugb, "
Beaufort " Joseph Potts,
Johnston " D. H. Holland
Cabarrus " A. J. Yorke,
Person " G-. D. Satterfield,
Rowan " D. A. Davis,
Edgecombe " David Barlow,
Bertie " Jos. B. Cherry,
Pasquotank, " W. W. Kennedy,
N. Hanover, " S. D. Wallace,
Craven, " John T. Lane,
Mecklenburg" John P. Ross,
Cumberland ie A. M. Campbell,
Orange, " W. H. Brown,
Camden, " Thomas Palmer,
Alamance " John Trollinger,
Harnett " D. McCormick,
Anson " H. B. Hammond,
Grates " S. W. Worrell,
Wilkes " A. A. Scroggs,
Granville " L. A. Paschall,
Martin tC A. H. Coffield,
Iredell " M. Campbell,
Burke <c James Avery,
Carteret " J. P. C. Davis,
Yadkin " James Sheek,
Jones " John H. Cox,
Stanly " R. G. Snuggs,
Lincoln " H. C. Hamilton,
Greene " Edward Patrick,
W. P. Ward and Archibald Hender¬
son, members of Literary Board,
and Graham Daves, Secretary, ex¬
penses of meeting in Raleigh, May
3rd, 1859,
Publishing in Newbern Delta, Spring
Distribution, 1859, for Common
Schools,
June. Adams' Express, freight on books sent
by C. H. Wiley,
J. M. Newson, for publishing in Salis¬
bury Banner, Spring Distribution
1859, for Common Schools,
T. Loring, for publishing in Golds
1,243 92
1,275 74
1,405 92
1,33792
1,040 88
1,059
1,47948
1,20212
1,19676
92496
1,70832
1,47948
1,40688
1,27606
1,79484
62088
1,21992
850 70
1,29072
82536
1,397 04
2,07636
835 T"
1,56744
83028
96
32
20
744
1,141
472
76176
83088
63852
29
12
50
25
12
1859. Comptroller's Statement.
129
1859.
June.
boro' Tribune, Spring Distribution,
1859, for Common Schools,
Bank of the State of N. Carolina, $5,-
14.0 58 checks on New York, in
payment for 11 Bonds of $500 each
of Cape Fear and Deep River Navi¬
gation Co., guaranteed by the State,
and purchased by Literary Board,
Paid sundry counties the State's quota
for support of Common Schools,
Spring distribution, '59, as follows :
Ashe county, John Reeves, Ch'n,
Guilford " Nathan Hiatt, "
Randolph " Jonathan Worth, "
Caswell " Alvis Lea, "
Surry " L. J. Norman, "
Lenoir " Jas. W. Cox, "
Chowan " Jas. D. Wynne, "
Currituck " E. Morton, "
Franklin ££ Wood T. Johnson, "
Onslow " D. W. Sanders, "
Hyde, " Nath'l Beckwith, ££
Alexander " R. L. Steele, "
Cleaveland ££ J. R. Logan, ££
Pitt ££ Alfred Moye, £f
Halifax " J.L.Oushy (fall '58)££
Moore, ££ W. D. Dowd, ££
Columbus ££ Haynes Lennon, ££
S H. Young, Treasurer N. C. Institu¬
tion for the Deaf and Dumb and
the Blind,
J. B. Godwin & Co, for publishing in
Democratic Pioneer Spring distribu¬
tion, 1859, for Common Schools,
John W. Syme, for publishing
in
Raleigh
Register, Spring distribu
tion,1859, for Common Schools,
J. W. Alspaugh, for publishing in
Western Sentinel, Spring distribu¬
tion, 1859, for Common Schools,
Holden & Wilson, for publishing in
N. C. Standard, Spring distribution,
1859, for Common Schools, and
printing for C. H. Wiley, Superin¬
tendent,
17
12
5,140
Literary fund—»
disbursements.
58
1,024 68
2,217
1,821
1,459
'975
741
630
750
1,141
844
790
600
1,163
1,289
1,410
1,026
63696
60
12
32
84
84
24
84
20
80
20
36
64
40
84
26
2,000
12
Is*
12
32
130
1859. Comptroller's Statement.
1859.
July.
Literary fund—
disbursements.
Aug.
Paid sundry counties the State's quota
for support of Common Schools,
Spring distribution, 1859, as fol¬
lows :
Stokes County, W. A. Mitchell, Ch'n,
Union " M. W. Cuthbertson"
Wilson " L. D. Farmer, "
McDowell " W. A. McCall, «
Henderson " Joseph Maxwell, "
S. H. Young, Treasurer 1ST. C. Institu¬
tion for the Deaf and Dumb and the
Blind,
C. H. Wiley, General Superintendent
Common Schools, his 2nd quarter's
salary for 1859,
Adams' Express Co., freight on $75,-
000 in specie from Hew York to
Raleigh,
Adams' Express Co., freight on $50,675
in specie from Hew York to Raleigh
R. H. Page, Secretary of State, for
copy of "an act to establish the
Bank of Horth Carolina,"
Paid sundry counties the State's quota
for support of Common Schools
Spring distribution for 1859, as fol
lows:
Cherokee County, G. W. Hayes, Ch'n
Sept.
B. B. McKenzie,
Joseph Ewing,
John Haines,
G. P. Shuford,
D. C. Mclntyre,
of Cape Fear ana
River Havigation Co., guar-
Richmond
Montgomery "
Davidson "
Catawba "
Robeson "
Paid for Bonds
Deep
anteed by the State and purchased
by Literary Board,
Paid Treasurer of Indian Grave Gaj
Turnpike Co., on account of said
Board,
W. J. Yates, for publishing in West
ern Democrat, Spring distribution,
1859, Common Schools,
W. A. Walsh, for publishing in War-
renton Hews, Spring distribution,
1859, for Common Schools,
1859. C< >mptroller"s Statement.
131
1859.
Sept.
G. J. Cherry, liis salary from Jan. 1st
to April 14th, 1859, as agent of
Swamp Lands,
Paid sundry counties the State's quo¬
ta for support of Common Schools,
Spring distribution, 1859, as follows:
Brunswick county, J. LI. Brooks, Ch'n,
Sampson
Rutherford
Gaston
W atauga,
Caldwell
Northampton"
S.
tution
II. Young,
Arch. Monk,
Housen Harrill,
Rich'd Rankin,
John C. Blair,
W. A. Ballew,
Herod Faison,
Treasurer N. C. Insti-
for the Deaf and Dumb and
the Blind,
. B. Gordon and Archibald Hender¬
son, members of Literary Board,
expenses of meeting in Raleigh,
Sept. 27, 1859,
Graham Daves, Secretary to Literary
Board, for services Sept. 27, 1859,
C. II. Wiley, General Superintendent
of Common Schools, his 3rd quar¬
ter's salary for 1859,
291
Literary fancW
disbursements.
65
71412
1,47732
1,48656
86736
401
700
1,287
500
75
32
72
49
12
375|
60
$ 209,156108
PUBLIC FUND.—[Receipts.)
Statement C.
Exhibiting the several sources from which the Receipts of
the Public1 Fund home been derked:
Public fund-
receipts.
State Coupon Bonds,
Indigent Insane Tax,
Public Taxes, J
Accrued interest on State coupon bonds
Revised Code,
Premium on Northern Funds,
State Loans,
[,071,769
12,081
600,225
2,910
1,912
698
547,01633
15
69
76
59
76
28
132
1859 Comptroller's Statement.
Interest on Seaboard & Roanoke Rail¬
road Bonds,
Interest on Fayetteville & Coalfields
Railroad Bonds,
Insane Asylum, ;
Tax on Bank Stock,
Wrecked Property,
Fayetteville & Warsaw Plankroad
Dividends,
Interest on Wilmington & Weldon
Railroad Bonds,
Insane Asylum—Pay Patients,
Tax on Attorneys' Licenses,
General Assembly,
Money paid by Clerks,
Discount on State Loan,
Tax on Corporations,
Cherokee Bonds,
Cape Fear & Deep River,
Detailed as follows
$2,295,721154
1858.
Oct.
W. H. Michael, Trustee of Lincoln
county, on account of J. Long in
Insane Asylum of North Carolina,
C. L. Summers, Sheriif of Iredell coun¬
ty, additional return of tax on col¬
lateral descents in said county for
1857,
H. H. Davidson, Sheriif of Cherokee
county, part of tax due the State
from said county for 1857,
Jas. Gr. Cook, President of Fayette¬
ville & Albemarle Plankroad Com
fany, 9 State Coupon Bonds of
1000 each, dated Oct. 1st, 1858,
and running 20 years, issued on ac¬
count of said Road,
Bank of the Republic, New Fork, pre¬
mium charged on gold advanced by
said Bank for the" State of N. C.,
and returned,
William Haymore, Sheriff of Surry
$ 144
1859. Comptroller's Statement.
133
1858.
Oct.
Nov.
county, tax due from said county
for Barbary Harriss, in Insane Asy¬
lum of North Carolina,
C. E. Jolinson, President Board Direc¬
tors Insane Asylum N. C., amount
advanced to said Asylum previous
to sale of $35,000 State Coupon
Bonds, by authority of the Legis¬
lature of 1856-'57,
Issued to Chas. E. Johnson, President
df Board of Directors of Insane Asy¬
lum N. C., 35 State coupon Bonds
of $1,000 each, dated January 1st,
1858, and running 30 years, issued
under "an act for the benefit of the
Insane Asylum,"
William Haymore, Sheriff of Surry
county, tax due from said county
for indigent patient in Insane Asy¬
lum,
J. A. Leak, tax due from Anson conn
ty to July 1st, 1858, for indigent
patients in Insane Asylum,
John A. Bosebro, Trustee of Iredell
county, tax due from said county for
indigent patients in Insane Asylum
to July 1st, 1858,
Trustee of Union county, tax due from
said county for indigent patients in
Insane Asylum,
W. K. Lane, tax due from Wayne
county for indigent patient in In¬
sane Asylum,
Wilmington & Weldon Bailroad Com¬
pany, accrued interest on 8 State
coupon Bonds sold to said Company,
Bank of the State of North Carolina,
temporary loan to meet liabilities of
the State,
Bank of the State of North Carolina,
tax on stock in said Bank,
G. W. Hampton, Sheriff of Buncombe
county, tax due from said Sheriff for
1857,
Issued to li. C. Pearson, President oi
Western North Carolina Kailroad
Public fond—
receipts.
200
16,048
21
35,000
90
45200
41299
101'
133
35
43972
68,941
2,203
39
170
13
1859. Comptroller's Statement.
185&
Public fund— -^ec'
receipts.
1859.
Jan.
Company, 10 State coupon Bonds of
$1000 eacli, dated Oct. 1st, 1858,
and running 30 years, issued on ac¬
count of said Bo ad,
Accrued interest to Nov. 17th, 1858,
Christian Strader, Sheriff of Caswell
county, tax due from said county
for indigent patients in Insane Asy¬
lum, to July 1st, 1858,
J. J. Coward, for 3 State coupon Bonds
of $1000 each, dated Oct. 1st, 1858,
and running 30 years, issued on ac
count of "Western 17. C. Bailroad,
Accrued interest to Dec. 13th, 1858,
Issued to B. C. Pearson, President of
"Western 17. C-. Bailroad Company,
37 State coupon Bonds of $1000
each, dated Oct. 1st, 1858, and run
ning 30 years, issued on account of
said Boad,
Accrued interest to Nov. 17th, 1858,
James Burnley, Clerk County Court
Carteret county, money paid into his
office by Commissioner of Wrecks,
Seaboard & Boanoke Bailroad Com¬
pany, interest on bonds of said Com¬
pany, held by the State of North
Carolina,
Thomas Bragg, Governor of N. C., for
sales of Bevised Code and Emmons'
Beport,
Fayetteville A Warsaw Plankroad
Company, tolls from said Company,
Interest on Wilmington & Weldon
Bailroad Bonds, owned by the State,
of North Carolina,
W. E. Anderson, Treasurer of Insane
Asylum of North Carolina, on ac¬
count of board for sundry pay pa¬
tients in said Asylum,
Solomon M. Bay, Sheriff of Yancej
county, part payment of taxes due
the State from said Sheriff for 1857,
W. E. Anderson, Treasurer Insane Asy-j
lum North Carolina, tax from Lin-I
10,000
78
212
3,000
36
37,000
289
61615
1,91276
10520
1,500
2,31660
92162
1859. Comptroller's Statement.
135
coin county for support of Catharine
Maunley in said Asylum,
Executive Committee of Insane Asy¬
lum, money overdrawn on account
of said Asylum,
P. Murphy, Treasurer of Fayetteville
& Warsaw Plankroad Company,
tolls from said Company,
E. B. Ereeman, Clerk of the Supreme
Court at Raleigh, tax on Attorneys'
license, granted by said Qourt, Dec.
Term, 1858,
R. C. Pearson, President of Western
N. C. Railroad Company, 60 State
coupon Bonds of $1000 each, dated
Jan. 1st, 1859, and running 30 years,
issued on account of said road,
Accrued interest to Feb. 8th, 1859,
Jno. W. Cunningham, for Mrs. P. M.
Cunningham, 20 State coupon Bonds
of $1000 each, dated Jan. 1st, 1859,
and running 30 years, issued on ac¬
count of Western FT. C. Railroad,
Accrued interest to Feb. 11th, 1859,
Bank of Clarendon, temporary loan,
Bank of Cape Fear at Raleigh, tem¬
porary loan,
Samuel L. Love, for William Green,
Sheriff of Haywood county, on ac¬
count of taxes due the State from
said Sheriff for 1857,
J. T. Leach, Senator from Johnston
county, money returned as over pay
for his services in the Legislature of
1858-59,
R. P. Finch, former Clerk Superior
Court Wake county,costs paid to him
by stockholders in Raleigh & Gaston
Railroad Company, against whom
theState instituted suits several years
since, and paid the costs in advance,
E. B. Freeman, Clerk Supreme Court
at Raleigh, money in his hands three
years uncalled for, and by authority
of law paid to State,
Olin Coor, former Sheriff of Wayne
256
13,873
40
Public fund-
receipts.
535 80
60,000
380
20,000
13666
19,70082
6,000
51
82
1,245
250
23
88
75
44
136
1851). C< jmptkollek'b Statement.
1859.
Public fund — Mar•
receipts.
April.
May.
county, additional tavern tax for
1857,
S. M. Ray, Sheriff ofYancy connty,
balance of taxes due the State from
said Sheriff for 1857,
Bank of the State of North Carolina,
temporary loan,
Bank of the State of N. C., temporary
loan,
Bank of the State of N. C., temporary
loan,
Bank of Wilmington, temporary loan,
Bank of the State of N C., temporary
loan,
Sundry persons, for State Coupon
Bonds sold to meet liabilities of the
State, dated April 1st, 1859,
Bank of Cape Fear at Raleigh, tempo¬
rary loan,
Bank of the State of FT. C., premium
on $70,000 check on New York,
Bank of Cape Fear at Raleigh, pre
mium on $100,000 check on New
York,
C. W. Smytlie, tax for the charter of
Catawba College,
Edward Cantwell, money returned as
over pay for his services as Princi¬
pal Clerk of the House of Com¬
mons, Legislature of 1858-'59,
W. Ii. Marston, New York, for State
coupon Bonds sold to meet liabili¬
ties of the State, dated April 1st,
1859, and running 30 years,
Bank of the State of North Carolina,
discount returned on $70,000 paid
said bank before due,
Bank of the State of N. C., premium
for $05,000 check on New York,
Jarvis Buxton, for 2 State Coupon
Bonds of $1,000 each, dated April
1st, 1859, and running 30 years, is¬
sued on account of Fayetteville and
Coalfields Railroad,
Accrued interest to May 16th, 1859,
Sundry persons, for 95 State Coupon
1859. Comptroller's Statement.
137
Bonds of $1,000 each, dated April
1st, 1859, and running 30 years,
issued on account of Fayetteville &
Coalfields Railroad, as follows :
C. B. Mallett,
James Kyle,
A. A. McKethan,
Stedman & Home,
H. L. My rover,
Issued to Marshall Parks, President
of the Albemarle & Chesapeake
Canal Company, 100 State Coupon
Bonds of $1,000 each, dated April
1st, 1859, and running SO years, is¬
sued on account of said improve¬
ment,
B. Higgins, tax for the charter of
Lizzarddale Copper Company,
B. Higgins, tax for the charter of
Cambridge Copper Company,
H. A. London, money overpaid to him
on Execution, Archibald McGregor
vs. Cape Fear & Deep River Navi¬
gation Company, and returned,
Jacob Siler, Agent for collection of
Cherokee bonds, on account of said
Bonds,
Geo. Bower, for 3 State coupon bonds
of $1,000 each, dated April 1st,
1859, and running 30 years,
Marshall Parks, President of Albe¬
marle & Chesapeake Canal Com¬
pany, accrued interest on $100,000
State coupon bonds, issued to said
Company,
M. S. Galloway, for 3 State coupon
bonds of $1000 each, dated April
Istj 1859, and running 30 years
issued on account of Fayetteville
and Coalfields Railroad,
Accrued interest,
Jacob Siler, Agent for collection of
Cherokee Bonds, on account of said
Bonds, 4
W. G. Matthews, Trustee of Cumber-]
$15,000
20,000
20,000
20,000
20,000
100,000
25
25
Public fund—
receipts.
87
250
3,000
250
3,000
30
330
138
1859. ^ Comptroller's Statement.
Public fund— 1859.
receipts. june
July.
land county, on account of indi¬
gent insane patients from said
county, in Insane Asylum of N. C.,
For board of John Wakefield in In¬
sane Asylum,
W. E Anderson, Treasurer Insane
Asylum, N. C., on account of board
for sundry pay patients in said
Asylum to 16th Feb., 1859,
C. F. Fisber, Pres't N. C. R. R. Co.,
premium on Northern Funds,
Bank of the State of N. C., temporary
loan,
Bank of the State of N. C., temporary
loan,
Bank of Clarendon, temporary loan,
Bank of Clarendon, temporary loan,
Bank of Cape Fear at Raleigh, tem¬
porary loan,
Bank of Fayetteville,
Bank of Cape Fear at Raleigh, tem¬
porary loan,
Bank of Wilmington,
Tax for the charter of Kenansville
Female Seminary,
Sundry persons, for State coupon
Bonds, sold to meet liabilities of
the State,
Joseph H. Gooch, Sheriff of Granville
county, on account of indigent in¬
sane patients from said county, in
Insane Asylum of N. C.,
J. S. Green, Treasurer of Wilming
ton & Weldon Railroad Company,
interest on $50,000 Bonds of said
Company,
J. I. Scales, money overpaid him un¬
der resolution of Legislature 1858-
'59, in favor of G. M. Albright, and
returned,
Bank of Cape Fear at Raleigh, tem¬
porary loan,
Bank of $he State of N. C., tempora¬
ry loan,
61493
10
1,543
2438
9,848^7
19,69754
19,69754
16,18792
10,000
9,84877
10,000
9,896,44
25
16,01983
50250
1,500
872
58,000
88,63893
1859. Comptroller's Statement.
139
1859.
July.
Aug.
Bank of the State of N. G., tempora¬
ry loan,
Bank of the State of N. C-, tempora¬
ry loan,
Bank of the State of N. C., tempora¬
ry loan,
E. B. Freeman, Clerk of Supreme
Court at Etaleigh, tax on Attor
neys' License,
Sundry Sheriffs, State taxes for 1858,
payable in 1859, as follows :
C. Austin, Sheriff Union county,
J. Cline, " Catawba "
William Flynt, " Forsyth "
James Roberts, " Rockingham "
Jos. W. Steed, " Randolph "
Joseph Lusk, " Gaston "
E. D. Hampton, " Davidson "
J. L. Bundy, act." Cabarrus "
Jas. L. Bostick, " Richmond "
R. B. Paschall, " Chatham "
Sundry Sheriffs, tax on account of in¬
digent insane patients from their
respective counties, in Insane Asy¬
lum of North Carolina, as follows:
E. D. Hampton, Sh'ff Davidson county,
J. L. Bundy, act.
R, B. Paschall,
William Flynt,
Joseph W. Steed,
Joseph Lusk,
Jonas Cline,
Cabarrus
Chatham "
Forsyth "
Randolph "
Gaston "
Catawba "
Commissioners of the Sinking Fund
of North-Carolina, for State coupon
Bonds, dated July 1st, 1859, and
running 30 years,
Issued to R. F. Simonton, Treasurer
of Western N. C. Railroad Compa¬
ny, 100 State coupon Bonds of
$1000 each, dated July 1st, 1859,
and running 30 years, issued on
account of said Road,
Accrued interest to 13th Aug., 1859,
Issued to M. A. Bledsoe, Chairman
I Executive Committee Insane Asy-
17,127 78
9.848
7,386
Public fund-
Y Y receipts.
58
755
25
5,076
4,958
8,311
10,601
7,121
4,438
8,343
8,357
7,354
9,777
62
37
75
95
29
16
63
40
30
82
169 20
60
76
99
10
22
1,061
521
43650
150
413
30,000
100,000
716
66
140
1859.——Comptroller's Statement.
1859.
iPublic fund— Aug.
.-receipts.
Sept.
lum N. C., 10 State coupon Bonds
of $1000 each, dated July 1st, 1859,
and running 30 years, issued on
account of said Asylum,
Bank of Charlotte, tax on stock in
said Bank,
Bank of Yanceyville, tax on stock in
said Bank,
J. R. Bodge, Clerk of Supreme Court
at Morganton, tax on Attorneys'
Licenses, August Term, 1859, of
said Court,
Sundry Sheriffs, State taxes for 1858,
payable in 1859, as follows :
John T. Barnes, Sh'ff Wilson county,
L. H. Lowrance, " Lincoln "
E. C. Grier, " Mecklenb'g"
William Hay more" Surry
C. A. Boon,
P. F. White,
William Patterson"
A. H. Sanders,
Tully Davenport, "
J. C. Smith, "
A. B. Long, "
J. L. Ward, "
W. H. Cullom, "
J. H. Nether cutt,"
R. M. Jones, "
W. A. Thompson,"
John A. Yann, "
Gi. Durden, "
M. H. Eure, "
A. C. Latham, "
W. E. Mann, "
G. M. Green, "
Wm. Green, "
E. D. Davis, "
H. Hunter, "
C. Strader, "
Hector McNeill, "
W. F. Wasson, "
Sidney Deal, "
T. J. Carr, "
W. W. Long, "
Guilford "
Chowan "
Alamance "
Montgom'y "
Tyrrell u
Alexander "
Rutherford "
Polk
J ohnston, "
Jones "
Orange "
Wayne "
Hertford "
Washington"
Gates "
Craven "
Pasquotank "
Cleaveland "
Haywood "
J ackson "
Madison "
Caswell "
Cumberland"
Iredell "
Watauga "
Duplin, "
Yadkin, "
1859. Comptroller's Statement.
141
G. B.Threadgill,Sh'ff Anson county.
Isaac Arledge, " Henderson,
W. D. Humphrey,"
J. H. Allen. "
Esly Staly,
R. G. Tuttle,
Reuben King,
Onslow
Brunswick
Wilkes
Caldwell
Robeson
Hyde
Currituck
Pitt
Burke
Person
Hilliard Gibbs,
J. B. Lee,
Josiah Hodges,
Joseph Brittain,
W. H. Smith,
Abram Cox, former Sheriff Pitt
K. H. Worthy, Sh'ff Moore
Samu'l A.Warren," Northamp'n
William Fields, "
Solomon M. Ray, "
James M. Hilliard"
Joseph Marshall, "
J. A. Reeves, "
N. W. Cooper, "
W. H. High,
Lewis Williamson"
Jesse Bledsoe, "
o..
John Martin,
J. R. Grady,
R. R. Tayloe,
J. F. Jenkins,
E. D. Hall,
N. R. Jones,
W. R. Young,
IL H. Davidson,
J. G. Crawford,
Washington Harris Sh'ff Franklin co.
George Dill, Sh'ff Carteret Co.,
Lenoir
Yancy
Davie
Stanly
Ashe
Nash
Wake
Columbus
Alleghany
Stokes
Harnett
Bertie
Edgecombe
N. Hanover
Warren
Buncombe
Cherokee
Macon
James S. Snow,
J. R. White, "
W. B. Campbell "
G. W. Crumpler, u
W.A.Walton, "
Joseph H. Gooch,"
J. E. Exum, "
A. W. Bell,
W. W. Ward, "
Halifax
Perquimans"
Beaufort "
Sampson "
Rowan "
Granville "
Greene te
Camden "
Martin "
Sundry Sheriffs, tax on account of in-
95
15
11
22
45
85
21
10
80
12
9,021
4,391
4,452
4,125
3,158
2,841
6,596
4,131
3,112
9,902
4,19852
6,96631
35
4,152
10,158
1,231
1,465
4,891
2,849
2,655
1,030
24,414
4,184
100
4,140
2,861
10,110
11,011
29,389
13,864[32
62
58
41
01
15
91
13
91
30
43
14
81
45
14
30
5,835
2,090
1,642
9,184
3,304
15,121
5,619
10,851
8,312
13,929
15,232
4,524
3,418
6,116
24
91
68
83
49
01
84
10
21
81
22
89
21
142
1859. Comptroller's Statement.
1859.
Sept.
Public Fund-
receipts.
digent insane patients from their
respective counties, in Insane Asy¬
lum of N. C., as follows :
L. H! Lowrance,Sh'ff Lincoln county,
E. C. Grier, " Mecklenb'rg"
C. A. Boon, " Guilford "
A. B. Long, " Rutherford "
J. H. Nethercutt, " Jones "
R. M. Jones, " Orange "
W. A. Thompson" Wayne "
A. C. Latham, " Craven "
G. M. Greene, " Cleaveland "
Sidney Deal, " Watauga "
James H. Allen, " Brunswick "
Hilliard Gibbs, " Hyde "
Josiah Hodges, " Pitt "
N. W. Cooper, " Nash "
Lewis Williamson" Columbus "
James F. Jenkins" Edgecombe "
E. D. Hall, " N. Hanover"
Washington Harris Sh'ff Franklin co.
J. R. White, Sh'ff Perquimans "
W. B. Campbell, " Beaufort " |
Jacob Siler, agent for collection of
Cherokee Bonds, on account of said
Bonds,
C. B. Mallett, President of Fayette-
ville & Coalfields Railroad Compa¬
ny, six months interest on State
Coupon Bonds issued on account of
said Road,
Sundry Banks, tax on stock in said
Banks, as follows:
Merchants Bank,
Bank of Fayetteville,
Bank of Wadesboro',
Bank of Washington,
Bank of Cape Fear,
Farmers Bank,
Bank of Wilmington,
Hugh Downing, tax for the charter
of Stewart Gold Mining Company
D. P. Weir, tax for the charter of
Greene Monument Association,
16616
20810
56632
186
, 5133
1,13092
23035
50759
497
18120
109
51312
219 33
93
144
288
576
12544
6566
288
200
6,000
56250
950
812
812
3,142
744
1,891
25
50
50
50
75
20
25
1859. Comptroller's Statement.
143
PUBLIC FUND.—{Disbursements.) &{£££*..
Statement D.
Showing the several objects for which the Disbursements of
the Public Fund have been made.
Agricultural Societies,
Adjutant General,
Albemarle & Chesapeake Canal,
Asylum for the Deaf and Dumb and
the Blind,
Binding Documents,
Binding Laws,
Board of Internal Improvements,
Bonds of Cape Fear & Deep River
Navigation Company,
Capitol Square,
Comptroller's Department,
Congressional Election,
Copying Lawrs,
Contingencies,
Council of State,
Distributing Laws,
~xecutive Department,
Executive Mansion,
Expense Account of Sinking Fund,
Equal Suffrage Election,
Fayetteville & Albemarle Plankroad
Fayetteville & Western Railroad,
Fugitives from Justice,
General Assembly,
Geological Survey, I
Governor's Election,
(interest on coupon Bonds of Cape Fear
& Deep River Navigation Company,
Interest on Fayetteville & Western
Plankroad Bonds,
Interest on Raleigh & Gaston Railroad
Bonds,
Interest on State coupon Bonds,
Interest on State Registered Bonds,
Interest on State Loans,
Insane Asylum,
2,300
350
100,000
350
130
1,686
186
53
44
50
60
50
80
80
50
48,95133
28415
1,000
841
619
8,281
216
I,305
3,300
5,682116
103)15
9,000
200,000
248
51,313
5,198
120
II,310
6,120
29,925
335,130
20,35518
9,30884
10,0001
85
93
56
00
1859. Comptroller1 s Statement.
Judiciary,
Pensions,
Post Office,
Premium on Northern Funds,
Public Arms,
Public Printing,
Public Tax Refunded,
Resolutions of tbe General Assembly,
1858-'59,
Road from Wilkesboro' to Jefferson,
Roaring Gap Road,
Senatorial Election,
Sheriffs for settling Public Taxes,
State Department,
State Librarian,
State Library,
Superintendent of Capitol,
State Capitol,
State Registered Bonds,
State Loans,
Treasury Department,
Western N. C. Railroad,
Detailed as follows;
29,332
45750
218
2,811
380
8,800
974
522
1,000
87
21
2,147
800
412
492
260
2,365
191,800
436,433
2,750
281,608
1,900,08321
1858.
Oct.
J. F. Hutchins, Treasurer of the State
Agricultural Society, State's quota
to said Society for year ending 1st
Monday in Oct., 1858,
Davie County Agricultural Society,
State's quota for 1858,
W. H. Hamilton for keeping Capitol
Square in order for 6 months end
ing Oct. 1st, 1858,
J. G. Cook, President of Fayetteville
& Alhemarle Plankroad Company,
9 State coupon Bonds of $1,000
each, dated Oct. 1st, 1858, and run¬
ning 20 years, issued on account ot
said Road,
J. J. Chaplin in part payment of his
contract to bind Emmons' Agricul¬
tural Report,
1,500
50
125
9,000
217
88
1859. Comptroller's Statement.
145
Nov.
W. E. Anderson, Treasurer Insane
Asylum N. C., on account of said
Asylum,
Frederick Nash, Judge of Supreme
Court, his 3rd quarter's salary for
1858,
W. H. Battle, Judge Supreme Court,
his 3rd quarter's salary for 1858,
R. M. Saunders, Judge Superior
Court, for holding Courts in An¬
son and Bladen counties, Fall Cir¬
cuit, 1858,
Robert Strange, Solicitor 5 th Circuit,
for 8 certificates,
Will. A. Jenkins, Attorney General,
for 7 certificates 3rd Circuit,
Geo. S. Stevenson, Solicitor 2nd Cir¬
cuit, for 3 certificates,
Marcus Erwin, Solicitor 7th Circuit,
for 2 certificates,
Bank of Cape Fear, at Raleigh, in¬
terest on temporary loan,
Bank of Washington, interest on tem¬
porary loans,
Holden & Wilson, printing for Treas¬
ury Department,
Holden & Wilson, printing for Comp¬
troller's Department,
Holden & Wilson, printing for State
Department,
Martha Spears, her half year's pen
sion for 1858,
William Percival, in part payment
for making water closets in State
Capitol,
J. J. Chaplin, lettering Books for
State Library and Supreme Court,
Mecklenburg County Agricultural So
ciety, State's quota for 1858,
Cumberland County Agricultural So¬
ciety, State's quota for 1858,
Moore County Agricultural Society,
State's quota for 1858,
Ehenezer Emmons, State Geologist,
his 2nd quarter's salary for 1858,
18
| 5,000
625
625
Publio fund—
disbursements.
75
180
160
140
60
40
405
49
24
24
13
3750
200
3020
50
50
50
625
1859. Comptroller's Statement.
1858.
Nov.
D.F.Caldwell,Judge Superior Courts,
for 10 certificates from 3rd Circuit,
William Lander, Solicitor, for 7 cer¬
tificates from 6th Circuit,
E. C. Hines, Solicitor, for 9 certifi¬
cates from 1st Circuit,
Geo. S. Stevenson, Solicitor, for 3
certificates from 2nd Circuit,
Will. A. Jenkins, Attorney General,
for 3 certificates from 3rd Circuit,
R.M.Saunders,Judge Superior Courts,
for 11 certificates from 2nd Circuit,
Cliarles E. Johnson, President Board
Directors Insane Asylum N. C., 35
State coupon Bonds of $1000 each,
dated Jan. 1st, 1858, and running
30 years, issued on account of said
Asylum,
Bank of the Republic, New York, in¬
terest on State coupon Bonds, ad¬
vanced by said bank,
Alexander Taylor, his pension for
1858,
Bank of Cape Fear, premium for $12,-
3*77 50 check on New York,
Bank of the State of N. C., premium
for $106,000 check on New York,
William Percival, in part payment
for making water closets in State
Capitol,
Quent. Busbee, Assistant Clerk of
the Senate, for collecting Laws,
Journals, Documents, &c., under a
resolution ot the Legislature of
1856-57,
Adams Express in Raleigh, freight
on 2 packages from New York to
Raleigh,
Magnetic Telegraph in Raleigh, for
message to New York,
Danforth, Perkins & Co., Agents of
American Bank Note Company,
New York, for printing coupon
Bonds of the State of North Caro¬
lina,
95
89
1859. Comptroller's Statement. 1
1858.
Dec.
John M. Dick, Judge Superior Courts,
for 12 certificates from 4th circuit,
M. E. Manly, Judge Superior Courts,
for 14 certificates from 6th circuit,
J.G.Shepherd,Judge Superior Courts,
for 10 certificates from 1st circuit
R. R. Heath, Judge Superior Courts
for 11 certificates from 2d circuit,
Robert Strange, Solicitor, for 6 cer¬
tificates from 5 th circuit,
William Lander, Solicitor, for 2 cer¬
tificates from 6th circuit,
Geo. S. Stevenson, Solicitor, for 5 cer¬
tificates from 2d circuit,
J. J. Bruner, for printing, folding,
pressing, stitching and covering
part of No. 2, Vol. 5, Jones' Law,
and No. 1, Vol. 4, Jones' Equity,
with indexes to 5th vol. Law, and
3d vol. Jones' Equity,
Marcus Erwin, Solicitor, for 2 cer¬
tificates from 7th circuit,
E. C. Hines, Solicitor, for 1 certificate
from 1st circuit,
Thomas Ruffin, Jr., Solicitor, for 12
certificates from 4th circuit,
Holden & Wilson, printing for State
Department,
John W. Syme, advertising State
Bonds in Raleigh Register for Treas-|
ury Department,
Holden & Wilson, advertising Gov¬
ernor's proclamation for arrest of G.
A. Gilchrist, and day of Thanksgiv¬
ing,
John W. Syme, advertising the Gov¬
ernor's proclamation in Raleigh
Register for day of Thanksgiving,
Solomon B. Dondge, for services and
expenses as messenger to Governor
of Virginia, to demand Alfred Vann
and Robert Brinkley, fugitives from
justice in Gates county, N. C.,
G. W. Hampton, Sheriff of Buncombe
county, for settling public taxes for.
$ 975
1,155
975
975
120
40
100
Public fund—
disbursements
582
40
20
240
7775
29
50
650
50
45
85
US
1859. Comptroller's Statement.
Public fond- 1858.
Dec.
IBS'?, and making returns of Sen¬
atorial and Congressional elections,
Martin county Agricultural Society,
State's quota for 1858,
Robeson county Agricultural Society,
State's quota for 1858,
Gates county Agricultural Society,
State's quota for 1858,
Henderson county Agricultural So¬
ciety, State's quota for 1858,
R. F. Simonton, Treasurer of Western
North Carolina Railroad Company,
47 State coupon Bonds of $10
each, dated Oct. 1st, 1858, and run-J
ning 30 years, issued on account of
said Road,
Accrued interest,
Additional payment on account of
said Road,
Elizabeth Kissam, Administratrix of
Samuel Kissam, for storage of arms
belonging to North Carolina, under
resolution of Legislature 1856-'57,
Pulaski Cowper, Secretary to Boarc
of Internal Improvements, for de¬
fraying expenses of Board 28th
Oct., and 10th Dec., 1858,
Bank of Cape Fear at Raleigh, six
months interest on $29,500 loaned
the State,
Joseph B. Chonry, Senator from Ber¬
tie county, Legislature 1858-59,
\ J. Lougee, articles for State Li¬
brary and Geological Rooms in
Capitol,
W. L. Pomeroy, sundry Books for
State Library,
W. L. Pomeroy, Wharton's Criminal
Law for Supreme Court Library,
H. D.Turner, Wharton's Medical Ju¬
risprudence for Supreme Court Li-
braiy,
J. J. Chaplin, binding Books for State
Library,
Holden & Wilson, printing ior Ge-
i ological Cabinet in Capitol,
48
50
50
50
50
47,000
36816
3,000
155
6725
885
112
20
50
7
6
9
10
70
50
50
1859. Comptroller's Statement.
1858.
Dec.
Ebenezer Emmons, for expenditures
on account of Geological Survey in
addition to liis salary,
Henry T. Clark, interest on State
Bonds,
Henry T. Clark, interest on Fayette-
ville & Western Plankroad Bonds,
D. King, Superintendent of Capitol,
| money expended by him for ser
vices about Capitol,
|G. W. Hampton, Sheriff of Buncombe
county, making return of election
for Governor in 1858,
Thomas Bragg, Governor of North
Carolina, his 4th quarter's salary
for 1858,
Pulaski Cowper, Private Secretary to
Gov. Bragg, his 4th quarter's sal¬
ary for 1858,
D. W. Courts, Public Treasurer, his
4th quarter's salary for 1858,
W. R. Richardson, Clerk of Treasury
Department, his 4fch quarter's sal¬
ary for 1858,
R. H. Page, Secretary of State, his
4th quarter's salary for 1858,
0. H. Perry, State Librarian, his 4th
quarter's salary for 1858,
D. King, Superintendent of Capitol
his 4th quarter's salary for 1858
Thomas Bragg, Governor of North
Carolina, sundry articles for Exec¬
utive Mansion,
Sundry persons, interest on State cou¬
pon Bonds,
R. C. Cotten, Adjutant General of N.
C., his salary to 30th June, 1858,
Pulaski Cowper, Secretary to Board
of Internal Improvements, for de¬
fraying expenses of a meeting of
the Board,
Bank of the Republic, New York, in¬
terest on State coupon Bonds, ad¬
vanced by said bank,
W. L. Pomeroy, Stationery for the
State,
488
90
90
K ft "Public fund—
° disbursements.
5 25
35
"750
75
500
50
187
200
8750
65
44|50
75
200
12
25
13,425
80796
ISO 1859. Comptroller's Statement,
1858.
Public fund— T)ec
disbursements.
1850.
Jan.
W. L. Pomeroy, Seal for Comptroll¬
er's office,
P. H. Page, Secretary of State, 24
boxes adamantine candles for the
State, including freight from Pe¬
tersburg,
H. D. Turner, stationery for Secretary
of State,
H. D. Turner, stationery for Executive
Department,
H. D. Turner, stationery for Treasury
Department,
H. D. Turner, stationery for Comp¬
troller's Department,
H. D. Turner, stationery for Supreme
Court Office,
H. D. Turner, bottle Ink for Adjutant
General's Office,
Pulaski Cowper, Private Secretary to
Gov. Bragg, for sealing 55 State
Bonds,
C. Dewey, Cashier Bank State H. C.,
Check Book for Treasury Depart¬
ment,
H. J. Myatt, 50 cords firewood for
State,
D. L. Swain, Commissioner of Sink¬
ing Fund, expenses of meeting in
Raleigh,
W. H. Edwards, Commissioner of Sink¬
ing Fund, expenses of meeting in
Raleigh,
Quent. Busbee, Secretary of Sinking
Fund, for his services,
W. L. Pomeroy, Books for use of Sink¬
ing Fund,
Sundry persons, interest on Bonds of
the State of Horth Carolina, due 1st
Monday in January, 1859,
Sundry persons, interest on Bonds of
Fayetteville & "Western Plankroad
Company, due 1st Monday in Jan¬
uary, 1859,
R. H. Dowry, Cashier of Bank of the
Republic, Hew York, interest on
coupon Bonds of the State of Horth
11
221
128
17
73
16
3
73
90
05
70
57
95
50
550
23
75
16680
36
27
12
28
75
9,684
2,985
1859. Comptroller's (Statement.
151
Carolina, advanced by said Bank,
R. H. Lowry, Cashier of Bank of the
Republic, New York, interest on
coupon Bonds of Cape Fear and
Deep River Navigation Company,
advanced by said Bank,
W. H. Battle, Judge Supreme Court,
his 4th quarter's salary for 1858,
R. M. Pearson, Judge Supreme Court,
his 4th quarter's salary for 1858,
Thomas Ruffin, Chief Justice Su¬
preme Court, his salary from 11th
to 31st Dec., 1858,
J. R. Dodge, Clerk Supreme Court at
Morganton, his salary for 1858,
J. L. Bailey, Judge Superior Courts
for 15 certificates from 1th circuit
Marcus Erwin, Solicitor, for 10 cer¬
tificates from 1th circuit,
Will. A. Jenkins, Attorney General
N. C., for attending Supreme Court
in Raleigh, December Term, 1858,
W. H. & R. S. Tucker, articles for
Executive Mansion,
John Craven, for work, &c., at Exec¬
utive Mansion,
Ebenezer Emmons, Jr., Assistant Ge¬
ologist, his last half year's salary
for 1858,
J. J. Chaplin, balance for binding
2000 copies Emmons' Geological
Survey, for the State,
Pulaski Cowper, Secretary to Board
of Internal Improvements, for at¬
tending meeting of Board one day,
Randolph county Agricultural Socie¬
ty, State's quota for 1858,
Duplin county Agricultural Society,
State's quota for 1858,
Quent. Busbee, Assistant Clerk to the
Senate, for 62 days services Legis¬
lature 1858-59,
Bank of Cape Fear at Raleigh, six
months interest on $60,000 loaned!
the State, I
$ 94,605
8,415
625
625
13889
150
1,245
200
100
3405
Publio fund—
disbursements.
32
86
750
257
12
50
50
372
1,800
152
1859. Comptroller's Statement.
Public fund— 1859.
disbursements,
Feb.
Geo. T. Cooke, Postmaster in Raleigh,
postage stamps for offices of Gov¬
ernor and Secretary of State,
Moses A. Smith, Postmaster at Salis¬
bury, postage stamps for paying
postage on Supreme Court Reports,
sent from Salisbury,
James E. Morris, his salary for 1858,
as keeper of Public Arms in New-
Berne,
Holden & Wilson, printing for Ex
ecutive Department,
Bramly Sasser, a pension for 1858,
R. C. Cotten, Adjutant General, his
last half year's salary for 1858,
Graham Daves, Secretary, expenses
of Council of State for meeting in
Raleigh, Jan. 15th, 1859,
Bank of the State of North Carolina,
interest on Bonds of Raleigh and
Gaston Railroad Co., endorsed hy
the State,
Richmond county Agricultural Socie
tv, State's quota lor 1858,
Briggs & Dodd, 1 case for Geological
Room, and 2 cases for State Libra¬
ry in Capitol,
Adams Express, freight on package
from New York,
John Cross, for services in removing
safe from dray into Comptroller's
office,
Paid members of the General Assem¬
bly of North Carolina, Session
1858-59, as follows:
Henry T. Clark,
Speaker Senate, Edgecombe co
W. S. Ashe,
B. S. Basnight, "
L. N. B. Battle, "
M. A. Bledsoe, "
E. J. Blount, "
Geo. D. Boyd, "
Bedford Brown, "
L. B. Carmichael,"
N. Hanover
Tyrrell
Nash
Wake
Pitt
Rockingham
Caswell
Wilkes,
1859. Comptroller's Statement.
153
Joseph 13. IJhfcriy,
Senate, Bertie County.
L G. Cowper, " Hertford
J.W. Cunningham " Person
W. F. Davidson, " Mecklenh'g
. W. Davis, " Stanly
Richard Dillard, " Chowan
Joseph Dobson, " Yadkin
R. S. Donnell, " Beaufort
B. C. Douthitt, u Davidson
B. M. Edney, " Henderson
D. Flanner, " Craven
Ralph Gorrell, " Guilford
D. C. Guyther, " Martin
W. J. Houston, " Duplin
L. W. Humphrey, " Onslow
W. K. Lane, " Wayne
M. Lankford, " Franklin
J. T. Leach, " Johnston
J. J. Martin, " Stokes
A. R. McDonald, " Moore
T. D. McDowell, " Bladen
A. A. McKoy, " Sampson
E. P. Miller, " Caldwell
L. A. Mills, " Rutherford
T. J. Person, " Horthampt'n
T. J. Pitchford, " Warren
John Pool, " Pasquotank
J. G. Ramsay, " Rowan
F. D. Reinhardt, " Catawba
J. P. Speight, " Greene
Walter L. Steele, " Richmond
E. Hi Straughan, " Chatham
C. H. K. Taylor, " Granville
W. H. Thomas, " Jackson
Josiah Turner, " Orange
Sam'l H.*W alkup," Union
W. P. Ward, " Jones
Mat. C.Whitaker," Halifax
C. C. Williams, " Camden
Jonathan Worth, " Randolph
Thomas Settle,
Speaker Commons, Rockingham co.,
J. C. Badham, " Chowan
J. S. T. Baird, " Buncombe
C. C. Barbee, " Harnett
80
174
291
262
305
319
283
30480
300 60
312
345
252
280
334
304
309
250
290
255
305
297
27380
304
326
33760
305
40
40
60
37
40
276
284
299
320
301
275
294
288
35240
28920
298
305
271
329
285
Public fund—
disbursements.
40
40
40
20
15
50
20
90
40160
329
345
28660
154:
1859. Comptroller's Statement.
1859.
Public fund— "CVK
disbursements. A eu"
B. M. Baxter,
Commons,
J. A. Benbury
James Blount,
R. R. Bridgers,
H. W. Brummell,
J. H. Bryan,
R. K. Bryan,
T. D. Bryson,
J. M. Bullock,
E. B. Burns, '
W. P. Burke,
Samuel Byrd,
Tod R. Caldwell,
D. F. Caldwell,
E. C. Chambers,
Abraham Clapp,
Ambrose Costner
W. A. Cox,
Thoxas Cox,
John A. Craven,
John S. Dancy,
A. J. Dargan,
Gilbreth Dixon
O. H. Dockeiy,
W. T. Dortch,
Edwin D. Drake,
T. J. Dula,
Peter Eller,
John A. Fagg,
F. J. Faison,
G. H. Faribault,
Tilman Farrow,
D. D. Ferebee,
N. H. Fleming,
James II. Foy,
F. Fries,
Ephraim Gaither
A. B. F. Gaither,
O. P. Gardner,
Rid'k Gatling, jr,
Allen Gentry,
R. H. Green,
W. F. Green,
N. F. Hall,
D. C. Hall,
Currituck co.,
Tyrrell
Robeson
Edgecombe
Davidson
Craven
FT. Hanover
Jackson
Granville
Cabarrus
Alexander
Yancey
Burke
Guilford
Montgomery
Guilford
Lincoln
Jones
Pitt
Randolph
Edgecombe
Anson
Cleaveland
Richmond
Wayne
Warren
Caldwell
Wilkes
Madison
Sampson
Wake
Hyde
Camden
Rowan
Onslow
Forsythe
Davie
Iredell
Rutherford
Gates
Ashe
Chatham
Franklin
Rowan
Warren
1859. Comptroller's Statement.
1859.
Feb.
T. L.Hargrove, Com'
J. S. Harrington/
P. T. Henry,
R. H. Hester,
William Hill,
Joel F. Hill,
A. Higgins,
Mark Holdsclaw,
Jno. F. Hutchins,
Henry C. Jones,
Pride Jones,
John Kerr,
William Kirby,
J. A. Leak,
Samuel Leffers,
Geo. N. Lewis,
W. Long,
Samuel L. Love,
E. B. Lyon,
Jacob McCotter,
W. McL. McKay
A. H. Martin,
John Masten,
Thos D. Meares,
John A. Moore,
Augus. Moore,
G. J. Moore,
J. M. Morehead,
Timothy Morgan
Henry Mordecai,
Nathan Newby,
Jos. S. Norman,
J. W. Norwood,
David Outlaw,
H. M. Pritchard,
J. W. Pur die,
M. W. Ransom,
D. F. Ragan,
R. E. Reeves,
V. Ripley,
B. F. Roney,
W. H. Sanders,
Junius I. Scales,
John Shaw,
H. Sherrill,
ns, Granville co.
Harnett
Bertie
Person
Halifax
Stokes
McDowell
Watauga
Wake,
Craven
Orange
Caswell
Sampson
Anson
Carteret
Nash
Halifax
Haywood
Granville
Pitt
Cumberland "
Wilkes
Forsyth
Brunswick
Chatham
Martin
N.Hanover
Guilford
Pasquotank
Wake
Perquimans
Washington "
Orange "
Bertie "
Mecklenburg"
Bladen "
Northampton"
Gaston
Surry
Henderson
Alamance
J ohnston
Alamance
Moore
Catawba
276
293 60
327 80 Public fund—
28080 disbursements.
23420
312
330
335 60
285 ,
307
293
301
303
279 20
316 70
305
25940'
351
292
304
297
324
302
60-
60*
60-
60
27080*
274
325
310
271
331
144
314
336
293
321
305
272 40
40'
261
315
313
345
297
365
290
297
320
20
80
20
20
60-
156
1859. Comptroller's Statement.
Public Fund-
disbursements. eb.
A. K. Simonton,
Commons, Iredell county,
F. L. Simpson, " Rockingham"
M.W.Smallwood," Northamp'n"
W. N. H. Smith, " Hertford «
Thomas Sparrow," Beaufort "
W. H. A. Speer, " Yadkin "
A. I). Speight,
J. D. Stanford,
J. H. Stephens,
W. P. Taylor,
B. H. Tomlinson," Johnston
E. A. Thompson, " Wayne
Jesse Thornburg," Randolph
M. T. Waddill, " Stanly
W. C. Walker,
" Greene
" Duplin
" Columbus
" Chatham
" Cherokee "
" Mecklenb'rg"
" Davidson "
" Duplin "
" Rutherford "
" Cleaveland "
" Robeson "
W. Wallace
Henry Walser,
W. R. Ward,
B. Washburn,
A. G. Waters,
Alex. Watson,
N. B. Whitfield, " Lenoir
T. C. Wilson, " Union
S. E. Williams, " Caswell
Samuel Windley," Beaufort
H. G. Woodfin, " Macon,
Thomas Cox,
T. J. Dula,
N. N. Fleming,
William Hill,
D. F. Ragan,
Pitt, additional,
" Caldwell "
" Rowan "
Halifax "
" Gaston "
John Hill, Principal Clerk of the
Senate,
J. W. Alspaugh, Assistant Clerk of
the Senate,
Edward Cantwell, Principal Clerk
House of Commons,
Geo. Howard, jr., Assistant Clerk
House of Commons,
L. W. Joyner, Engrossing Clerk,
Caleb Hill, " «
James E, Ward, " "
James Page, Principal Doorkeeper of
the Senate,
1859. Comptroller's Statement.
157
C. C. Tally, Assistant Doorkeeper of
the Senate,
W. S. Webster, Principal Doorkeeper
House of Commons,
John Lawrence, Assistant Doorkeeper
House of Commons,
Sundry temporary Engrossing Clerks,
as follows :
Edward Yail,
Willie J. Palmer,
Thomas D. Sledge,
T. B. Macon,
Theo. H. Hill,
Lawrence Badger,
John C. Blake,
William H. Dodd,
Thomas S. Lemay,
James A. Moore,
Drury King, for 4 days services as
Assistant Doorkeeper to House of
Commons,
Paid sundry persons, under Resolu¬
tions passed by the General As¬
sembly of 1858-59, as follows :
W. R. Baird,
James F. Jenkins,
W. J. W. Crowder,
Elias Barnes,
Tod R. Caldwell, Ex'r of John Cald¬
well, dec'd,
Tod R. Caldwell, for Donald Eraser,
W. H. & R. S. Tucker,
John Wilson,
D. Crosby,
William Thompson,
John Word,
E. D. Nichols,
Henry J. Brown,
Theodore Schrader,
G. M. Albright,
H. D. Turner,
Sundry persons, interest on Bonds of
the State of North-Carolina,
Sundry persons, interest on Bonds of
352
354
365
90
8
12
8
8
72
28
12
12
80
24
100
20
51
15
53
28
Public fund—
disbursements-.
44
73
31
1655
1750
2632
25
18
23
8
86
555
23
72
55
.158
1859. Comptroller's Statement.
1859.
Public fund- -tti ■l
disbursements. xieu.
Fayetteville & Western Plankroad
Co.,
Bank of Cape Fear at Raleigh, inter¬
est for 6 months on $20,000,
Bank of Cape Fear at Raleigh, inter
est for 6 months on $16,000,
Pescud & Gatling, articles for Execu
tive Mansion,
McPheeters & Ghiselin, articles for
Executive Mansion,
Boy Patrick, for putting 9 Grates in
Executive Mansion,
H. C. Jones, Reporter to Supreme
Court, his last half year's salarv
for 1858,
Paid R. C. Pearson, President of
Western Korth-Carolina Railroad
Company, 60 State coupon Bonds
of $1000 each, dated Jan. 1st, 1859,
and running 30 years, issued on
account of said Road,
Accrued interest to Feb. 8th, 1859,
William White, postage for Execu¬
tive Department,
Rutherford County Agricultural So¬
ciety, State's quota for 1858,
Allen Gentry, for Roaring Gap Road,
W. E. Anderson, Treasurer Insane
Asylum N. C., on account of said
Asylum,
Letitia M. Bray, a pension allowed
by Legislature 1858-'59,
John H. DeCarteret, for binding 112
vols. Reports of Supreme Court,
&c.,
William Green, Sheriff of Haywood
County, for making returns of elec¬
tion in said county for Governor,
Senatorial and Congressional Elec¬
tions in 1858,
Briggs & Dodd, for work on water
closets in Capitol,
W. H. McKee, President Board Di¬
rectors of Asylum for the Deaf and
Dumb and the Blind,
1859. Comptroller's Statement.
159
Holden & Wilson, printing for the
General Assembly of 1858-59,
C. H. Brogdeu, Comptroller, his 3rd
quarter's salary for 1858,
Adams Express, freight on package
from New York,
Raleigh & Gaston Railroad Compa-
' ny, freight on Safe for Comptrol¬
ler's Department,
Donnans & Johnston, 12 boxes Can¬
dles for the State, including freight,
&c.,
William Thompson, for repairing
chairs and desks in Capitol, and
putting case for papers and cloth
on desk and table in Private Sec¬
retary's Office,
S. H. Herring & Co., one patent Iron
Safe for Comptroller's Dep't, etc.,
W. L. Pomeroy, Equity Seal and
Press for Watauga County, and
Seals and Presses for County and
Superior Courts of Rutherford co.,
W. L. Pomeroy, stationery for Legis¬
lature of 1858-59,
W.L.Pomeroy, 2 Colton's Maps of Uni¬
ted States, for use of the Legislature,
Drury King, money paid by him to
Jerry for cutting wood for Capitol
in November, 1858,
Willard Felt & Co., one Ledger for
Treasury Department,
G. W. Ally, Operator of Magnetic
Telegraph in Raleigh, sending 3
messages to New York for Public
Treasurer,
E. Newlin, for New York Journal of
Commerce., from Feb. 21th, 1859,
to Feb. 27th, 1860,
Thos. J. Lemay, for 4 days services
in examining the account of Hoi
den & Wilson, State printers,
Henry James, one copy Johnson's
new Map of the Republics of North
America, for State Library,
3,257
250
1
26
111
18
326
42
207
25
99
Public fund—
disbursements.
91
48
50
75
95
7
3325
383
9
12
10
160
1859. Comptroller's Statement.
1859.
Feb.
Public fund-
disbursements
March,
Bank of the Republic, New York
interest on State coupon Bonds
advanced by said Bank,
Bank of the Republic, New York, in¬
terest on Bonds of Cape Fear &
Deep River Navigation Company,
advanced by said Bank,
Thos. H. Holmes, Secretary of Samp¬
son County Agricultural Society,
the State's quota for 3 years,
J. J. Chaplin, binding documents for
the Legislature of 1858-59,
Graham Daves, Secretary to Board
of Internal Improvements, for one
day's services of members and
secretary of Board,
Graham Daves, for one day's services
as Secretary to Council of State,
and sealing one Bond of Fayette-
ville & Western Plankroad Com¬
pany,
S. M. Ray, Sheriff of Yancey County,
for making return of Congressional
election in said County, in August,
1858,
John W. Ellis, Governor of North
Carolina, his 1st quarter's salary
for 1859,
Graham Daves, Private Secretary to
Gov. Ellis, his 1st quarter's salary
for 1859,
Ebenezer Emmons, State Geologist,
his last half-year's salary for 1858,
W. F. Ramsay, for work done on
Executive Mansion,
Adams Express, freight on linen from
New York for Executive Mansion,
Waterhouse & Bowes, Gas pipe and
fixtures for Executive Mansion,
James M. Towles, Straw cutter for
Executive Mansion,
Clark & Henderson, for painting dome
on Executive Mansion,
C. A. Hart, Bro. & Co., sundry arti¬
cles for Executive Mansion,
1859. Comptroller's Statement.
161
Heartt & Iredell, articles for Execu¬
tive Mansion,
William Thompson, book cases, &c.,
for Executive Mansion,
John T. Gilmore, Senator from Cum¬
berland county, for his services in
the General Assembly of 1858—'59,
S. M. Hay, Sheriff of Yancey county,
making return of Election for Gov¬
ernor in 1858,
William E. Anderson, under resolu¬
tion of Legislature 1858—'59, au¬
thorizing Public Treasurer to pay
amount of one quarter's salary, on
account of late Chief Justice Fred¬
erick Nash, to Jan. 1st, 1859,"
Robert Strange, Solicitor, for 4 cer¬
tificates from 5th circuit,
E. B. Freeman, Clerk of Supreme
Court at Baleigh, his half year's
salary ending Dec. 31st, 1858,
Recording 2,385 pages at 30 cents,
J. Litchford, Marshal to Supreme
Court at Raleigh, for attending said
Court 82 days, December Term,
1858,
R.M.Saunders, Judge Superior Courts,
for 1 certificate from 1st circuit,
W. E. Anderson, Treasurer Insane
Asylum of North Carolina, on ac
count of said Asylum,
Bank of Cape Fear at Raleigh, interest
for 6 months on $10,000,
Bank of Cape Fear at Raleigh, interest
for 6 months on $2,000,
Bank of Cape Fear at Raleigh, interest
for 6 months on $9,500,
Bank of the State of North Carolina,
interest on temporary loan of
000,
Bank of the Republic, New York, in¬
terest on State coupon bonds, ad¬
vanced by said Bank,
Bank of the Republic, New York, in¬
terest on coupon bonds of Cape Fear
and Deep River Navigation Com-
19
20
55
297
35
50
Public fund—
disbursements,
625
80
150
715
50
164
90
3,000
300
60
285
161
7,065
07
162
1859.- Comptroller's Statement.
1859.
Public fund—
disbursements, JiLar
pany, advanced by said Bank,
Sundry persons, interest on bonds of
North Carolina,
Alfred Jones, interest on bonds of Fay
etteville & Western Plankroad Com-
pany,
Holden & Wilson, printing for the sev¬
eral Departments in State Capitol
Peggy Gardner, a pension as widow
of Theophilus Gardner,
Bank of Wilmington, premium for
$9,803 check on New York,
Bank of the State of North Carolina,
premium for $50,000 check on N ew
York,
Sundry persons, public taxes refunded
by resolutions of General Assembly
1858-'59,
Drury King, Superintendent, expenses
of cleaning Capitol,
O.H.Perry,subscription fornewspapers
and periodicals for State Library,
O. H. Perry, State Librarian, 1st quar¬
ter's salary, .
C. Dewey, Cashier of the Bank of the
State of North Carolina, temporary
State loan,
R. H. Page, Secretary of State, his
1st quarter's salary for 1859,
D. W. Courts, Public Treasurer, his
1st quarter's salary for 1859,
W. R. Richardson, Clerk of Treasury
Department, his 1st quarter's salary
for 1859,
Drury King,Superintendent of Capitol,
his 1st quarter's salary for 1859,
B. F. Moore, for 4 State Bonds of
$1000 each, issued in March, 1849,
and running 10 years,
Drury Lacy, for * 1 State Bond of
. $1000, issued in March, 1849, and
running 10 years,
R. C. Pearson, President of Western
N. C. Railroad Company, on ac¬
count of said Road,
New York Journal of Commerce, ad-
1859. Comptroller's Statement.
1859.
Mar.
vertising proposals for North. Caro¬
lina Bonds,
Telegraphic dispatch to New York for
Public Treasurer,
Graham Daves, Private Secretary to
Governor Ellis, postage stamps for
State Offices in Capitol,
Adams Express, freight on package
from New York,
George W. Mordecai, Treasurer of For¬
est Manufacturing Company, 100
reams paper for the State,
E. B. Freeman, coal for Supreme Court
Boom, December Term, 1858,
G. W. Alley, Operator Magnetic Tel
egraph in Baleigh, 2 dispatches to
New York for Public Treasurer,
William Thompson, chairs for Execu¬
tive Office,
Graham Daves, Private Secretary to
Governor Ellis, for sealing 100 State
Bonds at 10 cents,
Telegraphic Dispatch to New York
for Public Treasurer,
S. M. Pay, Sheriff of Yancy county,
settling public taxes due from said
Sheriff and making return of Sen¬
atorial Election in said county, in
August, 1858,
Clark A Henderson, in part payment
for painting done at Executive Man¬
sion,
A. T. Stewart & Co., sundry articles
for Executive Mansion,
E. Y. Haughwout & Co., glass and
china for Executive Mansion,
Graham Daves, his expenses to New
York to purchase furniture for Ex
ecutive Mansion,
Graham Daves, payment of freight on
sundry articles for Executive Man¬
sion,
J. & C. Berrian, sundry articles for
Executive Mansion,
John G. Williams & Co., for $827
check on New York to pay Bruner
15
42
1
798
65
:1 Public fan d—
disbursements.
95
25
12
10
89
239
95
4915
100
93778
108
18
50
12
99
3150
164
1859. Comptroller's Statement.
1859.
Public fund— ^.pril.
disbursements.
& Moore, for sundry articles for Ex¬
ecutive Mansion,
Graham Daves, expenses for hauling
furniture, &e., from Railroad to Ex¬
ecutive Mansion,
¥m. M. Kennedy, for plastering and
whitewashing at ExecutiveMansion,
P. E. Pescud, j>aints, Ac., for Execu¬
tive Mansion,
James M. Towles, articles for Execu¬
tive Mansion,
Clark & Henderson, balance for paint
ing Executive Mansion,
R. M. Pearson, Chief Justice Supreme
Court, his 1st quarter's salary for
1859,
W. H. Battle, Judge Supreme Court,
his 1st quarter's salary for 1859,
Thomas Ruffin, Judge Supreme Court,
his 1st quarter's salary for 1859,
Will. A. Jenkins, Attorney General,
for 6 certificates from 3d Circuit,
Robert Strange, Solicitor, for 3 cer¬
tificates from 5th Circuit,
W. E. Anderson,Treasurer Insane Asy¬
lum, N. C., on account of said Asy¬
lum,
R. H. Page, Secretary of State, for
furnishing Holden A Wilson, State
printers, with copies of 287 Laws
of the Legislature of 1858-'59 at " ~
per copy; 87 Resolutions at 50 cents
per copy, and copy of "an act to
provide for running and marking
the dividing line between the States
of North Carolina and Virginia,"
furnished to Gov. Ellis,
Geo. R. Sledge, money refunded to
him by Resolution of the
ture of 1858-'59,
Joseph N. Long, money refunded to
him by Resolution of the Legisla¬
ture of lS58-'59,
William A. Walton, money refunded
to him by Resolution of the Legis¬
lature of 1858-59,
Legisla
1859. Comptroller's Statement.
165
Paid sundry persons, for State Bonds,
issued in 1859, and running 10 years,
as follows:
Will. A. Graham, Ex'r, for 1 State
Bonc^ of $1000, due April, 1859,
E. B. Freeman, for 3 State Bonds of
$1000 each, due April, 1859,
Willis Whitaker, for 1 State Bond of
$1000, due April, 1859,
A. Jones, for 5 State Bonds of $1000
each, and 1 Bond of $500, due April
1859,
Catharine Boylan, for 2 State Bonds
of $1000 each, due April, 1859,
Thomas Ruffin, Ex'r, for 1 State Bond
of $500, due April, 1859,
William Boylan, for 3 State Bonds ot
$1000 each, and 1 Bond of $500,
due April, 1859,
Jos. A. Engelhard, for 2 State Bonds
of $1000 each, due March, 1859,
J. W. Norwood, Guardian of Jo.
Blount, for 3 State Bonds of $1000
each, 1 do. of $2000, and 1 do. of
$500, due March and May, 1859,
Ralph P. Buxton, Adm'r, for 1 State
Bond of $1000, due April, 1859,
Matthias Barrier, Treasurer of West¬
ern Carolina Male Academy, for 2
State Bonds, due June, 1859,
C. L. Hinton, for Grizzy and Sarah B.
Hinton, for 1 State Bond of $1000,
due March, 1859,
William Peace, Treasurer of the Rex
Hospital, for 1 State Bond of $1000
due April, 1859,
Theo. F. Keehln, Adm'r, for 2 State
Bonds of $600 each, due April, 1859,
John M. Rose, Treasurer of Fayette-
ville & Western Railroad Company,
on account of appropriation to said
Road by the General Assembly of
1858-59, •
W. H. Jones, Cashier of the Branch
Bank of Cape Fear at Raleigh, 1
Note dated 16th March, 1855, for
1,000
3,000
1,000
5,500
2,000
500
3,500
2,000
5,500
1,000
2,000
1,000
1,000
1,200
100,000
166
1859. Comptroller's Statement.
1859.
Public fund— April,
disbursements. *
$10,000; 1 Note dated 16tli, April,
1855, for $1,000; 1 Note dated
March. 30th, 1857, for $9,500;
Note dated 5th May, 1857, for $29,-
500; 1 Note dated January 6th,
1855, for $10,000 ; and 1 Note dated
February 13th, 1855, for $10,000,
C. Dewey, Cashier of the Bank of the
State of North Carolina, 1 Note da¬
ted March 9th, 1859, for $70,000,
W. H. Jones, Cashier of the Branch
Bank of Cape Fear at Kaleigh, in¬
terest on State loans,
O. H. Perry, his 1st quarter's salary
for 1859, as Librarian of the Senate
and House of Commons,
Seaton Gales, 8 volumes Kaleigh Reg¬
ister at $5 33 per volume, for State
Library,
John H. DeCarteret, binding 12 vol¬
umes Newspapers, Ac., for State Li¬
brary,
B. F. Moore, 6 Books, English Kail
way and Canals, for State Library,
R. F. Simonton, Treasurer of Western
N. C. Railroad Company, 18 State
Coupon Bonds of $1,000 each, dated
April 1st, 1859, and running 30
years, issued on account of said Road
Accrued interest to 18th April, 1859,
Cash paid R. F. Simonton, on account
of said Road,
Bank of the State of North Carolina,
interest on Bonds of Raleigh & Gas¬
ton Railroad Company, advanced
by said Bank,
Ebenezer Emmons, State Geologist,
for one quarter's salary from Jan.
1st, to April 1st, 1859,
Ebenezer Emmons, jr., Assistant Ge¬
ologist, for one quarter's salary from
Jan. 1st to April 1st, 1859,
Mat. Conklin, Assistant Geologist, for
one year's salary from March 20th,
1858, to March 20, 1859,
Jas. Fulton and N. M. Long, Members
$ 100,000
70,000
1,8841
1859. Comptroller's Report.
167
of the Board of Internal Improve¬
ments, and Graham Daves, Secreta
ry, for one day's meeting of said
Board in Raleigh,
"William Percival, rock furnished, and
730 lbs. railroad iron, for putting
under rock over two cisterns con
nected with water closets in Capitol,
Bank of the Republic, New York, in¬
terest on State coupon bonds, ad
vanced by said Bank,
Bank of the Republic, New York, in¬
terest on one C. F. & D. R. coupon
bond, advanced by said Bank,
Sundry persons, interest on State cou
pon bonds,
Sundry persons, interest on- Bonds of
the State of North Carolina,
Edward Cantwell, one quarter's salary
in 1859, for Gen. R. C. Cotten, as
Adjutant General of North Carolina,
Adams Express, freight on package
coupons from New i ork to Raleigh,
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 101 State
Bonds,
Two Telegraphic dispatches to New
York, for Public Treasurer,
Adams Express, freight on 50 State
Bonds from Raleigh to New York,
Bank of the Republic, New York, for
Telegraphic dispatch to Public
Treasurer,
Adams Express, freight on package
from New York to Raleigh,
R. J. Mitchell, under resolution of the
Legislature 1858-59,
Graham Daves, Private Secretary to
Gov.Ellis, for sealing 50 Statebonds,
W. B. Reid, Agent in Raleigh for
Adams Express, freight on 100 N.
C. Bonds,
Adams Express, freight on package
from New York to Raleigh,
G. W. Alley, Operator of the Magnetic
Telegraph in Raleigh, for sundry
32
171
51,510
15
1,980
738
Publio fund—
disbursements.
50
10
16
15
33
90
84
10
07
67
95
81
33
25
168
1859. Comptroller's Statement.
1859.
April.
Public fund—
disbursements.
May.
dispatches to and from New York,
for Public Treasurer,
Graham Paves, Private Secretary to
Gov. Ellis, for sealing 112 State
Bonds,
Adams Express, freight on $50,000
N. C. Bonds from Raleigh to New
York,
W. Moore, S. J. Latham, and L. S.
Webb, as Trustees of Gilbert L.
Moore, under resolution of the Legis¬
lature of 1858-'59,
Adams Express, freight on package
from New York to Raleigh,
Graham Paves, Private Secretary to
Gov.Ellis, for sealing 60 State bonds,
Adams Express, freight on 50 N. C.
bonds,
Adams Express, freight on 50 N. C.
bonds, and Telegraphic dispatch,
G. W. Alley, Operator of the Magnet¬
ic Telegraph in Raleigh, for dis¬
patches to New York, for Public
Treasurer,
Marshall ^Parks, President of Albe¬
marle & Chesapeake Canal Com¬
pany, 100 State coupon bonds of
$1000 each, dated April 1st, 1859,
and running 30 years, issued on ac¬
count of said improvement.
Bank of the State of North Carolina,
for bonds of the Cape Fear and
Peep River Navigation Company,
of prior lien to the State's mortgage,
inclusive of interest,
Elias Bryan, for bonds of the Cape
Fear and Peep River Navigation
Company, of prior lien to the State's
mortgage, inclusive of interest,
Henry A. London, Trustee, on account
of the Cape Fear and Peep River
Navigation Company, of prior lien
to the State's mortgage, inclusive of
interest,
Graham Paves, Private Secretary to
Gov. Ellis, for expenses to Pittsboro'
16
11!
161
120
1
6
1666
1825
100,000
2,82229
2,82229
T0911
1859. Comptroller's Report.
169
1859.
to attend the sale of the Cape Fear
and Deep River Navigation Works
for the State,
R. W. Lawson, for 9 Bonds of the
Cape Fear and Deep River Navi¬
gation Company, of prior lien to
the State's mortgage, inclusive of
interest,
M. M. Henry, Executrix, for bonds of
the Cape Fear and Deep River Nav¬
igation Company, of prior lien to
the State's mortgage, inclusive of
interest and costs,
Henry A. London, for traveling ex¬
penses,
W. D. Bethell, for 10 bonds of the
Cape Fear and Deep River Navi¬
gation Company, of prior lien to
the State's mortgage, inclusive of
interest,
William Watson, for upholstering,
papering, &c., at the Executive
Mansion,
G. D. Hardie, freight on North Caro¬
lina Railroad on articles for the
Executive Mansion,
Briggs & Dodd, for repairs, &c., on
the Executive Mansion,
Bank of the Republic, New York, in¬
terest on State coupon bonds, ad¬
vanced by said Bank,
Bank of the Republic, New York,
interest on bonds of Cape Fear and
Deep River Navigation Company,
advanced by said Bank,
Sundry persons, interest on bonds of
the State of North Carolina,
R.M.Saunders, Judge Superior Courts,
for 9 certificates from 1st circuit,
William Lander, Solicitor, for 12 cer¬
tificates "from 6th circuit,
E. C. Hines, Solicitor, for 10 certifi¬
cates from 1st circuit,
Marcos Erwin, Solicitor, for 2 certifi¬
cates from 7th circuit,
Public fund—
disbursement*
12
10,181
52
25
2,848
70
8472
11,335
612
72
288
48
50
09
32
5,655
60
720
885
240
200
40
21
170
1859. Comptroller's Statement.
1859.
May.
Will. A. Jenkins, Attorney General,
for 4 certificates from 3d circuit,
Bank of the State of Nortjh Carolina,
interest on bonds of Raleigh and
Gaston Railroad Company, ad¬
vanced by said Bank,
Martha Spears, a pension for 1858,
Geo.T. Cooke, Postmaster in Raleigh,
boxes in Postoffice for the different
departments in the Capitol,
Geo. T. Cooke, Postoffice stamps for
use of the several departments in
the Capitol,
William Percival, for work about the
Capitol,
Sundry persons, for bonds of the State
of North Carolina, issued in 1849,
and running 10 years, as follows :
B. F. Moore, 1 bond of $1,000,
F. R. Cotten, 1 " $500,
Jarvis Buxton, 3 bonds of $1000 each,
Seth Jones, 3 bonds of $1,000 each
and one of $500,
Jas. H. Carson, 10 bonds of $1,000
each,
H. W. Montague, 5 bonds of $1,000
each,
W. H. Jones, Cashier, 6 bonds of
$1,000 each,
Geo. W. Mordecai, 1 bond of $1,000
and 1 of $500,
C. Dewey, Agent, 2 bonds of $1,000
each, and 1 of $500,
John M. Rose, Treasurer of Fayette-
ville and Western Railroad Com¬
pany, on account of the State's ap¬
propriation to said Road,
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 59 State
Bonds,
William Watson, under resolution of
the Legislature of 1858-59,
W. B. Reid, Agent in Raleigh for the
Adams Express, freight on 3 pack¬
ages from New York to Raleigh,
100,000
1859. Comptroller's Statement.
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 361 State
Bonds,
Adams' Express, freight on package
from New York to Raleigh,
W. L. Pomeroy, Seals for the County
Courts of Franklin, Duplin and
Onslow counties,
G. W. Alley, Operator of the Mag¬
netic Telegraph in Raleigh, Dis¬
patches to New York for the Public
Treasurer,
Danforth, Perkins & Co., New York,
for printing sundry coupon Bonds
of the State of North-Carolina.
James Fulton, member of the Board
of Internal Improvements, and
Graham Daves, Secretary to said
Board, for meeting in Raleigh,
June 22d, 1859,
C. H. Brogden, Comptroller, his sala¬
ry for the 4th quarter, 1858, and
1st quarter, 1859,
Williams Cross, for 2 Bonds of $500
each, of Cape Fear & Deep RWer
Navigation Company, of prior lien
to the State's mortgage, inclusive
of interest
R. P. Dick, for 1 Bond of $1000 and
1 $500 of Cape Fear & Deep River
Navigation Company, of prior lien
to the State's mortgage, inclusive
of interest,
J. W. Scott, for Bond of Cape Fear
& Deep River Navigation compa¬
ny, of prior lien to the State's mort¬
gage, inclusive of interest,
Henry A. London, Treasurer of Cape
Fpar & Deep River Navigation
Company, sundry bills paid by
James Cassidey, for repairing Boats,
and provisions,
Graham Daves, Private Secretary to
Gov. Ellis, his 2nd quarter's salary
for 1859,
39
/•a Public fund—
U'" disbuvsementss-
36
34
3,071
50
20
500
1,135 70
1,704
IS
1,136 70
500
751
172
1859. Comptroller's (Statement.
Public fund—
disbursements.
1859.
June.
W. J. Lougee, articles for the Execu¬
tive Mansion,
John A. Avirett, jr., for arresting
Owen, a slave, and bringing him
from Selma, Ala., to Kenansville
North Carolina as a fugitive from
justice,
John W. Sandford, Cashier of the
Bank of Clarendon, interest on
Note for $20,000, dated Feb. 7,
1859,
S. Jewett, Cashier of the Bank of
Wilmington, interest on Note for
$10,000, dated March 14, 1859,
Sundry persons, interest on Bonds of
the State of North-Carolina, issued
in 1849, and running 10 years,
Robert Strange, Solicitor, for 7 cer
tifieates from 5 th Circuit,
D. F. Caldwell, Judge Superior
Courts, for 12 certificates from 4th
Circuit,
R. R. Heath, Judge Superior Courts,
for 14 certificates from 5th Circuit,
H. C. Jones, Reporter of the decisions
of the Supreme Court, his 1st hall
year's salary for 1859,
John M. Dick, Judge Superior Courts,
for 10 certificates from 3d Circuit,
Thomas Ruffin, jr., Solicitor, for 12
certificates for 4th Circuit,
William Lander, Solicitor, for 3 cer¬
tificates from 6th Circuit,
J. J. Bruner, for printing and cover¬
ing No. 1, Vol. 6, of Jones' Law,
and No. 2, Yol. 4, Jones' Equity
Reports,
W. J. Houston, Solicitor, for 11 cer¬
tificates from 2nd Circuit,
Jesse G. Shepherd, Judge Superior
Courts, for 11 certificates from 2nd[
Circuit,
John L. Bailey, Judge Superior,
Courts, for 8 certificates from 6th|
Circuit,
1859. Comptroller's Statement.
173
M. E. Manly, Judge Superior Courts,
for 15 certificates from 7th circuit,
Forest Manufacturing Company, pa
per for Public Printing,
Holden & Wilson, printing 16 quires
Warrants for Chairman of Common
Schools, and 240 quires Tax Lists,
&c.,
Holden & Wilson, for printing the
Laws and Journals of the Legisla¬
ture of 1858-59,
Holden & Wilson, for advertising
sales of State Bonds,
Thomas J. Lemay, examining the ac¬
count of Holden & Wilson for
printing the Laws and Journals of
the General Assembly of 1858-59
Bank of the State of North-Carolina,
premium for $50,000 check on New
York.
Bank of the State of North-Carolina,
premium on $20,000 check on New
York,
Bank of Clarendon, premium for $19,-
502 51 chect^ on New York,
John G. Williams & Co., premium
for 2 checks on New York,
Bank of Favetteville, premium for
$9,751 26 check on New York,
George T. Cooke, Postmaster in Ra¬
leigh, postage stamps for State Of¬
fices in Capitol,
Norwood, Parker & Co., tax refunded,
John L. Barnes, tax refunded,
W. F. Sanderson, tax refunded,
William Percival, for planning im¬
provements, &c., in State Capitol,
Briggs & Dodd, for work done on the
Legislative Library in the Capitol,
O. H. Perry, for expenses incurred
by him on account of the State Li¬
brary,
O. H. Perry, State Librarian, his 2d
quarter's salary for 1859,
1,245
1,03740
Publio fund—
disbursements.
434
3,51457
22 50
50
250
150
195
23
97
73
23
5
15
440
165
11
03
75
51
16
63
112 50
174
1859 Comptroller's Statement.
L859.
June.
July.
Bank of Clarendon, temporary State
loan,
Bank of Wilmington, temporary
State loan,
11. H. Page, Secretary of State, his
2nd quarter's salary for 1859,
Drury King, Superintendent of the
Capitol, his 2nd quarter's salary
for 1859,
Jesse H. Lindsay, for 10 State Bonds
of $1000 each,
George Bower, for 3 State Bonds of
$1000 each,
William Peace, Treasurer of the Bex
Hospital fund, for 1 State Bond of
R. N. & D. C. Henderson, for 1 State
Bond of $1000,
D. W. Courts, Public Treasurer, his
2nd quarter's salary for 1859,
W. R. Richardson, Clerk of the Trea¬
sury Department, his 2nd quarter's
salary for 1859,
John W. Syme, for advertising sales
of N. C. Bonds in Raleigh Register,
W. Drake Parsons, for advertising
sales of N. O. Bonds in New York
Daily News,
Adams Express, freight on package
from New York to Raleigh,
Danforth, Perkins & Co., N. Y., for
printing coupon Bonds of the State
of North Carolina, *
J. J. Chaplin, for binding Laws
Journals and Documents of the
General Assembly of 1858-59,
Hamilton & Carter, for keeping the
Capitol grounds in order 6 mouths,
and 8 evergreens for said grounds,
Williams Cross, interest on Bond of
Cape Pear and Deep River Navi¬
gation Company,
James Cassidey, for accounts at Wil¬
mington, evidenced by vouchers
from 1 to 28 inclusive, on account of
1859. Comptroller's Statement.
175
the Cape Fear and Deep River Navi¬
gation Company,
Samuel L. Adams, part payment in
advance for delivering laws, &c., in
the eastern counties of the State,
C. C. Tally, part payment for deliv¬
ering Laws, &c., in 10 counties of
the State,
John W. Ellis, Governor of North
Carolina, his 2d quarter's salary
for 1859,
Charles Kuester, for work done at
the Executive Mansion,
Waterhouse & Bowes, 1 glass globe
for the Executive Mansion,
Henry J. Brown, articles for the Ex¬
ecutive Mansion,
E. C. Belvin, articles for the Execu¬
tive Mansion,
C. B. Mench & Co., articles for the
Executive Mansion,
Hamilton & Carter, articles for the
Executive Mansion,
Will. H. Battle, Judge of Supreme
Court, his 2d quarter's salary for
1859,
Will. A. Jenkins, Attorney General,
for attending Supreme Court in
Raleigh, June Term, 1859, in dis¬
charge of his official duties,
Tho's Ruffin, Judge Supreme Court,
his 2d quarter's salary for 1859,
R. M. Pearson, Chief Justice Supreme
Court, his 2d quarter's salary for
1859,
Jas. Litchford, Marshal of Supreme
Court, for attending said Court 46
davs, at $2 per day, June Term
1859,
E. B. Freeman, Clerk of Supreme
Court at Raleigh, as follows :
For his half-year's salary ending June
30, 1859,
For recording 2,372 pages at 30 cents
per page,
1,868
25
100
750
58
1
4
55
65
45
15
625
100
625
625
92
150
711
13
Public fund—
disbursements.
70
60
176
1859. Comptroller's Statement.
1859.
PaVio fand— July.
disburse mep to;
For 6 iiecord Books, bought of E. J.
Hale & Son,
W. E. Anderson, Treasurer Insane
Asylum of North-Carolina, on ac¬
count of said Asylum,
Bank of the State of North Carolina,
interest on sundry temporary State
loans,
R. H. Lowry, Cashier of the Bank of
the Republic, New-York, interest
on State Coupon Bonds, advanced
by said Bank,
At the Public Treasury, interest on
State Coupon Bonds,
R. H. Lowry, Cashier of the Bank of
the Republic, New-Yoik, interest
on Coupon Bonds of Cape Fear and
Deep River Navigation Company,
advanced by said Bank,
Sundry persons, interest on Bonds of
the State of North-Carolina, due
1st Monday in July, 1859,
Sundry persons, interest on Bonds of
Fayetteville & Western Plankroad
Company, due 1st Monday in July,
1859,
C. Dewey, Cashier of the Bank of the
State of North-Carolina, interest
on sundry Bonds of Raleigh & Gas¬
ton Railroad Company, endorsed
by the State,
R. H. Page, Secretary of State, his
allowance as to public printing,
James E. Morris, keeper of Public
Arms at New Berne, his half year's
salary for 1859,
Moses A. Smith, Postmaster in Salis¬
bury, postage for 82 copies of No.
1, Vol. 6, Jones' Law, and No. 2,
Vol. 4, Jones' Equity Reports, sent
to the Clerks and Judges,
Calvin Evans, Adm'r, tax refunded
bv resolution of the Legislature
1858-59,
G. F. McNeill, M. S. Stokes, and Ca-
1859. Comptroller's Statement. 177
2859.
July.
leb R. Phillips, Commissioners to
improve the public road leading
from Wilkesboro' to Jefferson,
Drury King, Superintendent, for de¬
fraying expenses incurred by him
about the Capitol,
P. F. Pescud, glass and putty for the
Capitol,
E. C. Belvin, articles for the Capitol,
W. L. Pomeroy, Books for the State
Library,
Seaton Gales, 7 volumes of old Eng
lish newspapers, for the State Li¬
brary,
Bank of the State of North Carolina,
3 temporary State loans in March
1859,
Sundry persons, for State Bonds is¬
sued in 1849, and running 10 years,
as follows:
W. H. Jones, Cashier of the Branch
Bank of Cape Fear at Raleigh, for 3
Bonds of 11,000 each, and 1 of $500,
C. Dewey, Cashier of the Bank of the
State of North Carolina, for 3 Bonds
of $1,000 each, and 1 of $500,
J. H. Bryan, jr., agent for J. C. Win¬
der, for 1 Bond of $1,000,
Parker Rand, for 7 Bonds of $1,000
each,
Harrison Rand, for 1 Bond of $1,000,
W. A. Graham, for 1 Bond of $500
Geo. W. Mordecai, for 3 Bonds of
$1,000 each, and 1 of $500,
Geo. W. Haywood, for 2 Bonds of
$500 each, and 1 of $1,000,
Thomas Ruffin, for 3 Bonds of $1,000
each,
Wesley Jones, for 1 Bond of $1,000
W. H. Jones, Cashier of the Branch
Bank of Cape Fear at Raleigh, for
56 Bonds of $1,000 each, 1 of $500
and 1 of $600,
J. Willcox Brown, agent for John V.
Willcox, for 10 Bonds of $1000 each
20
$ 1,000
8
10
9
21
35
80,000
25
31
95
3,500
3,500
1,000
7,000
1,000
500
3,500
2,000
3,000
1,000
57,100
10,000
Public .
disbursements,
178
1859. Comptroller's Statement.
1859.
July.
Public fund—
disbursements.
Aug.
E. B. Freeman, for 1 Bond of $1,000,
W. S. Whitaker, for 1 Bond of $1,000,
C. L. Hinton, for 1 Bond of $500,
J no.W. Rogers, attorney for Mary Ann
Rogers, for 2 Bonds of $500 each,
B. B. Guion, for Mary R. YYheaton,
for 1 Bond of $1,000,
William Boylan, for 6 Bonds ol
$1,000,
B. S. Harrison, for 2 Bonds of $1,000
each,
Cadwallader Jones, for 1 Bond of
$1,000,
A. J. Yorke, for P. FT. Heilig, adin'r
of John H. Miller, for 2 Bonds of
$1,000 each,
G. W. Alley, operator of Magnetic-
Telegraph in Raleigh, 3 dispatches
to New York, for Public Treasurer,
1 Telegraphic Dispatch from Raleigh
to Wilmington, for Comptroller,
W. E. Anderson, Agent for the For¬
est Manufacturing Company, paper
furnished for use of the State,
Adams Express, freight on package
from Harrisburg to Raleigh,
James McKimmon, remnant of cloth
for Executive Mansion,
Adams Express, freight on package
from New York to Raleigh,
Holden' & Wilson, boxes, nails, <£rc,
for use of the State, i
Graham Daves, cost of Seal for Rich¬
mond County Court,
Adams Express, freight on package
from New York to Raleigh,
New York Journal of Commerce, for
advertising North Carolina Bonds,
N. M. Long, member of the Board of
Internal Improvements;for attend¬
ing meeting of the Board in Ra¬
leigh, 9th Aug., 1859,
Graham Daves, Secretary to Board of
Internal Improvements, for attend¬
ing meeting of Board, 9th Aug.,1859
1,000'
1,0001
500
1859. Comptroller's Statement. 1t9
1859.
Aug.
Sundry Sheriffs, for making returns
of the Congressional Election in
August, 1859,
Henry A. London, Treasurer of Cape
Fear and Deep Kiver Navigation
Company, for sundry hills allowed
by the Board of Managers of said
Works,
William Cheek, for delivering the
Laws, Journals, &c., of the Legis
lature 1858-59, in 20 counties,
Samuel L. Adams, a balance due him
for delivering the Laws, Journals,
&c., of the Legislature 1858-59, in
19 counties,
C. C. Tally, a balance due him for
delivering the Laws, Journals, &c.,
of the Legislature 1858-'59, in 10
counties,
W. S. Webster, for delivering the
Laws, Journals, &c., of the Legis¬
lature 1858-59, in IT counties,
W. J. Yates, for publishing in West¬
ern Democrat, Proclamation of
Gov. Ellis, for arrest of Owen Nor
ment, a fugitive from justice,
Will. A. Jenkins, Attorney General,
for attending the Supreme Court at
Morganton, August term, 1859, in
discharge of his official duties,
M. A. Bledsoe, on account of the In¬
sane Asylum of North Carolina, 10
State coupon brads of $1000 each,
dated July 1st, 1859, and running
30 years,
Walter L. Steele, interest on bonds
of Fayetteville and Western Bail-
road Company,
Bank of the State of North Carolina,
interest on bonds of Ealeigh and
Gaston Bailroad Company, en
dorsed by the State,
Sundry persons, interest on bonds of
the State of North Carolina, due
1st Monday in July, 1859,
Public fund—
diabwwawnt*.
95
66
2,7*7220
220
190
50
225
100
10,000
150
90
645
m
1859. Comptroller's Statement.
1859.
Aug.
Bank of Cape Fear at Raleigh, 6
months interest on $20,000,
Alexander Watson, tax refunded to
him hv resolution of the Legisla¬
ture of 1858-59,
Bank of the State of North Carolina,
temporary loans,
Sundry Sheriffs, for settling State
Taxes in August, 1859, as follows:
C. Austin, Sheriff, Union county.
J. Cline,
William Flynt,
James Roberts,
J. W. Steed,
Joseph Lusk,
E. D. Hampton,
J. L. Bundy,
R. B. Paschal,
Jas. T. Bostick,
Catawba
Forsj'th
Rockingham
Randolph
Gaston
Davidson
Cabarrus
Chatham
Richmond
R. F. Simonton, Treasurer of Western
North Carolina Railroad Company
100 State coupon bonds of $1,000
each, dated July 1st, 1859, and
running 30 years, issued on account
of said Road,
Accrued interest to August 13 th, 1859,
G. W. Alley, operator of the Magnet
ic Telegraph in Raleigh, 5 dis¬
patches for the Public Treasurer,
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 76 State
bonds,
John W. Syme, for advertising sale
of N. C. bonds in Raleigh Register,
W. B. Reid, agent in Raleigh for
Adams Express, freight on 3 pack¬
ages from New York,
American Bank Note Company, New
York, for engraving sundry bonds
of the State of North Carolina,
Bank of the Republic, New York, in
terest on State coupon bonds, ad¬
vanced by said Bank,
Bank of the Republic, New York, in¬
terest on cpupon bonds of Cape
1859. Comptroller's Statement.
Fear & Deep River Navigation
Company, advanced by said Bank,
Sundry Sheriffs, for settling State
Taxes in September, 1859, as fol¬
lows :
John T. Barnes, Sh'ff, Wilson county,
L. H. Lowrance, " Lincoln,
E. C. Grier,
Wm. Haymore "
C. A, Boon,
P. F. White, "
Wm. Patterson, "
W. H. Sanders, "
Tully Davenport,"
J. C. Smith, "
A. B. Long, "
J. L. Ward,
W. H. Cullom, "
J. H. Nethercutt,"
R. M. Jones, "
W. A. Thompson,"
John A. Yann, "
A. W. Bell, "
G. Durden, "
Mills H. Eure, "
A. C. Latham, "
W. E. Mann, "
G. M. Green, "
William Greene, "
E. D. Davis "
Hiram Hunter, "
Christian Strader,"
Hector McNeill, "
Thomas J. Carr, "
W. F. Wasson, "
Sidney Deal "
R. G. Tuttle, "
W. W. Long, "
G. B. Threadgill, "
Isaac Arledge, "
W. D. Humphrey,"
James H. Allen, "
Esly Staly, "
Reuben King, "
Hilliard Gibbs, "
Mecklenburg "
Surry "
Guilford "
Chowan "
Alamance "
Montgomery "
Tyrrell "
Alexander "
Rutherford "
Polk "
Johnston "
Jones "
Orange "
Wayne "
Hertford "
Camden "
Washington "
Gates "
Craven "
Pasquotank "
Cleaveland "
Haywood "
Jackson "
Madison "
Caswell "
Cumberland "
Duplin "
Iredell "
Watauga "
Caldwell "
Yadkin "
Anson "
Henderson "
Onslow "
Brunswick "
Wilkes "
Robeson "
Hyde "
120
PubHo ftma-i
disbursements'
12!
2L
25
23
14!
33'
11
1832
86
80
66
32
92
39
26
37
39
6
17
7
9
6 4
74
33
55
66
92
2366
3392
3632
27
17
32
18
47
49
40
73
60
46
66
4580
1432
11
13
24
34
29
21
26
43
17
24
28
14
34
66
32
32
66
66
06
66
32
46
52
34
182
1859. Comptroller's Statement.
1859.
Sept.
J. B. Lee, Sh'ff Currituck "
Josiah Hodges,
Joseph. Brittain,
W. H. Smith,
K.H. Worthy,
S. A. Warren,
William Fields,
S. M. Ray,
J. M. Hilliard,
Joseph Marshall,
J. A. Reeves,
W. H. High,
N. W. Cooper,
L. Williamson,
John Martin,
J. R. Grady,
Roht. R. Tayloe,
J. F. Jenkins,
E. D. Hall,
Nath'l R. Jones,
W. R. Young
H. H. Davidson,
J. G. Crawford,
Wash. Harris,
J. S. Snow,
Geo. Dill,
J. R. White,
W.A. Walton,
W. B. Campbell,
G. W. Crumpler
Joseph H. Gooch
J. E. Exum,
W. W. Ward,
Pitt
Burke "
Person "
Moore "
Northampton"
Lenoir "
Yancey "
Davie "
Stanly "
Ashe "
Wake "
Nash "
Columbus "
Stokes "
Harnett "
Bertie "
Edgecombe "
New Hanover"
Warren "
Buncombe "
Cherokee "
Macon "
Franklin "
Halifax "
Carteret "
Perquimans "
Rowan "
Beaufort "
Sampson "
Granville "
Greene "
Martin 0
or making returns
onal Election, held
Sundry Sheriffs,
of the Congress
in August, 1859,
Isaac R. Hunter, Treasurer of Gates
County Agricultural Society, the
State's quota to said county for '59,
C. H. Brogden, Comptroller, his 3d
quarter's salary for 1859,
H. A. London, Treasurer of Cape
Fear & Deep River Navigation
Company, per order of Commission¬
ers ot said Improvement,
1859. Comptroller's Statement.
183
James Page, for delivering the Laws,
Journals, &c., of the Legislature
1858-'59, in 19 western counties,
William Cheek, for delivering the
Revised Code of N. C. in sundry-
counties,
John W. Ellis, Governor of North-
Carolina, his 3d quarter's salary
for 1859,
Graham Daves, Private Secretary to
Gov. Ellis, his 3d quarter's salary
for 1859,
Isaac Arledge, Sheriff of Henderson
county, for making return of Equal
Suffrage Election, held in August,
1857,
Geo. H. Blackwell, former Sheriff of
Polk county, for making return of
election in said county for Gov¬
ernor in August, 1858,
William Watson, articles for the Ex¬
ecutive mansion,
Caleb Taylor, for work done at the
Executive Mansion,
James R. Dodge, Clerk of Supreme
Court at Morganton, his half year's
salary to August, 1859,
For recording 676 pages, at 30 cents,
Robert Strange, Solicitor, for 5 cer¬
tificates from 5th Circuit,
Joseph Brittain, Sheriff of Burke coun
ty, for 23 days service at $2, as
Marshall to Supreme Court at Mor¬
ganton, August Term, 1859,
Bank of Cape Fear at Raleigh, inter¬
est on temporary loans,
Bank of Clarendon, interest on tem¬
porary loans,
Bank of the Republic, New York, in¬
terest on State coupon Bonds, ad
vanced by said Bank.
Bank of the Republic, New York, in¬
terest on coupon Bonds of Cape
Fear & Deep River Navigation
Company, advanced by said Bank,
Public fund-
disbursements.
$ 333
162
50
750
75
53
25
10
150
202
100
80
46
660
56
62
4,470
600
184
1859. Comptroller's Statement.
1859.
Sept.
FtibJie fund—
dial) or dements.
David S. Reid, Ex'r of Thomas Settle,
dec'd, interest oil Fayetteville &
Western Plankroad Bonds,
Bank of the State of North Carolina,
interest on Bonds of Raleigh & Gas¬
ton Railroad Company, advanced
by said Bank,
Holden & Wilson, printing 32 vol¬
umes Journals of Senate and House
of Commons, Legislature of 1858
-'59, for Legislative Libraries,
Martha Spears, a Pension for year
commencing Sept., 1859,
Alexander Taylor, a Pension for 1859,
John G. Williams, premium for
checks on New York,
Bank of the State of North Carolina,
premium for check on New York,
James H. Allen, premium for $5,000.
check on New York,
Christian Strader, premium for $13,000
check on New York,
Bank of Washington, premium for
$801 16 check on New York,
A. H. Sanders, premium for check on
New York,
W. II. Smith, premium for $1,530 67
check on New York,
E. D. Hall, premium for $10,000 check
on New York,
Bank of Wilmington, premium for
check on New T ork,
A. B. Long, tax refunded to him,
Esley Staley, u u u "
J. C. Griffith, u u u "
James Conolev,u u u "
Jos. Marshall, u "■ u "
W. J. Brown, u u " u
Mary Pinner, u u u "
O. II. Perry, State Librarian, his 3d
quarter's salary for 1859, ,
Bank of the State of North Carolina,
temporary loan,
Bank of Clarendon, temporary loan
Bank of Fayetteville, temporary loan,
Bank of Clarendon, temporary loan,
150
1859. Comptroller's {Statement. 185
1859.
Sept.
R. H. Page, Secretary of State, his
3rd quarter's salary for 1859,
Drury King, Superintendent of Capi¬
tol, liis 3rd quarter's salary for 1859,
D. W". Courts, Public Treasurer, his
3rd quarter's salary for 1859,
W. R. Bichardson, Clerk of Treasury
Department, his 3rd quarter's salary
for 1859,
Isaac Arledge, Sheriff of Henderson
county, for making returns of Sen¬
atorial elections in said county, in
August, 1856 and 1858,
G. H. w ilder, Ex'r of H. J. Myatt, for
84|- cords firewood, furnished for
Capitol in winter of 1858-'59, and
cutting 33 cords at 35 cents,
Adams Express, freight on package
trom Hew York to Raleigh,
Robert Young,for whitewashing Treas¬
urer's Office in Capitol,
John W. Syme, for advertising sale of
H. C. Bonds in Raleigh Register,
Jno. W. Syme, for advertising firewood
for Capitol in Raleigh Register,
Graham Daves, Private Secretary to
Gov. Ellis, cost of seals for Superior
Court of Law and Court of Equity
for Hew Hanover county, including
$1 50 to Adams Express, freight on
said seals from Philadelphia to Wil
mington,
John Spelman, for packing and mark
ing sundry copies of the Revised
Code of Horth Carolina, and Emer-
sons' Report,
201
65
500
18750
1232
28239
1
PubHc fund—
disbursements.
4
11
3
31
25
1,900,083
50
50
50
24
186
1859. Comptroller's Statement.
Staking fund—
receipts.
SINKING FUND.—(Receipts.)
Statement E.
Exhibiting the sources from which the Receipts of the Sink¬
ing Fund hove been derived:
Interest on State coupon bonds owned
by Sinking Fund,
Railroad Dividends appropriated to
Sinking Fund,
Detailed as follows
$ 93,030
1858.
Oct.
Dec.
1859.
April.
Aug.
Received of the Commissioners of the
Sinking Fund, as interest on State
coupon bonds,
Received of Raleigh and Gaston Rail¬
road Company, as dividend on
stock in said Road, I
Received of North Carolina Railroad
Company, as dividend on stock in
said Road,
Received of Nortb Carolina Railroad
Company, as dividend on stock in
said Road.
$ 3,780
29,250
30,000
30,000
| 93,030
Comptroller's Statement.
18T
SINKING- FUND.—(Disbursements.)
Statement F.
Showing the Disbursements of the Sinking Fund:
Detailed as follows:
Sinking fund—
disbursements..
1858.
Oct.
Dec.
1859.
April.
Aug.
Paid for 2 State coupon bonds of
$1,000 each, bearing interest from
1st day of July, 1858,
Paid for 29 State coupon bonds of
$1,000 each, and 1 of $500, bearing
interest from Oct. 1st, 1858, and
running 30 years,
Paid for t32 State coupon bonds of
$1,000 each,
Paid for 60 State coupon bonds of
$500 each, dated July 1st, 1859,
and running 30 years,
$ 92,665
[Note.—In my entries of money paid by the Bank of the Re¬
public, New York, as interest on State bonds, I have used the ex¬
pression, " advanced by said Bank." It is proper to remark that
the money in all these cases was deposited by the Public Treasurer
in said Bank before the interest became due, and was paid out by
the Bank as agent for the State.]
COMPTROLLER'S DEPARTMENT, \
Raleigh, N. C. Nov. 15, 1860. J
To the Honorable, the General Assembly
of North Carolina:
Gentlemen : In obedience to law, I Herewith, present my Annual
Report of the Receipts and Disbursements at the Public Treasury
of the State of North Carolina, during the fiscal year ending on
the 30th day of September, 1860.
With the highest respect, I have the honor to be
Your obedient servant,
C. H. BROGDEN,
Comptroller.
COMPTROLLER'S STATEMENT.
1860.
GENERAL STATEMENT.
menti
Amount in hands of Public
Treasurer, Oct. 1st, 1859.
Receipts of Literary Fund for
fiscal year ending Sept. 30th,
1860,
Receipts of Public Fund for
fiscal year ending Sept. 30,
1860,
Receipts of Sinking Fund for
fiscal year ending Sept. 30,
1860,
Disbursements of Literary
Fund for fiscal year ending
Sept. 30, 1860,
Disbursements of Public Fund
for fiscal year ending Sept.
30, 1860,
Disbursements of Sinking fund
for fiscal year ending Sept.
30, 1860,
Leaving in hands of Public
Treasurer, Oct. 1st, 1860,
$ 529,747
810,175
2,813,016
326,540
859,764
2,676,923
327,100
10
12
61
01
66
4,479,47883
3,863,787
| 615,691
67
16
LITERARY FUND.
Balance due this fund, Oct.
1st, 1859, <
Receipts of Literary Fund for
fiscal year ending Sept. 30,
I860,
Disbursements of Literary
Fund for fiscal year ending
Sept. 30, 1860,
Balance overdrawn by this
Fund Oct. 1st, 1860,
$ 27,452
810,175
32
12
literary fond.
190
1859. Comptroller's Statement.
public fund.
Balance due this Fund Oct
Public fund 1st, 1859,
Receipts of Public Fund for
fiscal year ending Sept
30, 1860,
Disbursements of Public
Fund for fiscal year end-!
ing Sept. 30, 1860,
Balance due this Fund Oct
1st, 1860,
$ 501,65918
2,813,016
61 $3,314,67639
2,676,923
66
$637,752'73
ending
sinking fund.
Balance due this Fund Oct.
1st, 1859,
Receipts of Sinking Fund
for fiscal year
Sept. 30, 1860,
Disbursements of Sinking
Fund for fiscal year end-J
ing Sept. 30, 1860,
Balance due this Fund Oct.
1st, 1860,
635
326,540
1859. Comptroller's Statement.
191
RECEIPTS AND DISBURSEMENTS Literary fuM
Of Literary Fund for fiscal year ending Sept. 30, 1860.
1859.
1860.
a
a
October,
November,
December,
January,
February,
March,
April,
May,
June,
July,
August,
September,
receipts.
10
07
50
292
27,609
17,040
271,458
498
454
125,942
29,652
202
141,92383
546
194,554
36
54
80
39
64
89
disbursements.
80
18
90
22
19
47.
50,013
26,825
15,569
138,088
133,697
2,894
128,63745
38,53783
29,11642
134,579
4,700
157,102
99
84
810,17512
859,764 01
RECEIPTS AND DISBURSEMENTS PubBofund
Of Public Fund for Fiscal year ending Sept. 30, 1860.
1859.
a
a
1860.
a
a
a
41
a
a
*i
M
October,
November,
December,
J anuary,
February,
March,
April,
May,
June,
July,
August,
September,
receipts
107,986
156,199
64,972
413,013
199,380
134,748
70,700
152,316
193,185
317,797
87,408
915,305
1,813,016 61
60
75
16
94
30
81
97
88
48
76
96
disbursements.
71
96
34
49
92
75
62
12
46
21
18
90
| 323,251
176,356
57,872
656,604
150,516
22,929
162,642
127,947
93,188
397,169
68,847
439,596
$ 2,676,923 (?6
192
1860. Comptroller's Statement.
LITERARY F END.—{Receipts.)
Statement A.
Iitterary fund-"
receipts. Exhibiting the several sources from which the Receipts of
the Literary Fund have been derived:
Entries of Yacant Lands,
Auction Tax,
Bank Dividends,
College Bonds,
Dividend of capital stock in Bank of
the State of North Carolina,
Navigation Dividends,
Individual Notes,
Interest on Individual Notes,
Interest on College Bonds,
Interest on State Coupon Bonds,
Interest on Fayetteville &; Western
Plankroad Bonds,
Interest on Wilmington & Weldon
Railroad Bonds,
Raleigh & Gaston Railroad Bonds,
Interest on Raleigh & G aston Railroad
Bonds,
Premium on State Coupon Bonds,
Sales of open ground Prairie,
Tax on Retailers of Spirituous Liquors,
Wilmington & Weldon Railroad divi¬
dends,
Tax from Catawba county on account
of indigent pupil at Deaf and Dumb
Asylum,
Detailed as follows:
4,25718
1,02221
74,548
5,15181
37
502,700
1,950
3,880
212 70
1,70411
22,56060
1,080
3,000
140,000
4,200
5281
320
11,460
32,000
75
$810,17512
1859.
Oct.
Nov.
Dec.
Received of sundry persons for entries
of vacant Lands,
Sundry persons for entries of vacant
Lands,
Bank of Cape Fear, dividend on stock
held by Literary Board in said Bank
Sundry persons for entries of vacant
Lands,
29210
389
27,220
07
1,04050
1800.'
■Comptroller's Statement.
193
1859.
Dec.
I860.
Jan.
Wilmington & Weldon Railroad Com¬
pany, dividend on Stock held by
Literary Board in said Company,
$ 16,000
Bank of the State of North Carolina,
dividend of capital stock held by
Literary Board in said Bank,
Bank of the State of North Carolina,
dividend on stock held by Literary
Board in said Bank,
Sundry persons for entries of vacant
Lands,
Sundry persons for entries of vacant
Lands,
Sundry persons for entries of vacant
Lands,
Received of C. Dewey, Cashier of the
Bank of North Carolina, as dividend
of capital stock owned by Literary
Fund in Bank of the State of North
Carolina,
Sundry persons for entries of vacant
Lands,
Geo. McNeill, Agent for Cape Fear
Navigation Company, dividends on
stock in said Company,
Bank of Cape Fear, dividend on stock
held by Literary Board in said Bank,
Sundry persons tor entries of vacant
Lands,
Sundry persons for entries of vacant
Lands,
Jonas Cline, Sheriff of Catawba coun¬
ty, Auction tax from said county
Received of C. Dewey, Cashier of the
Bank of North Carolina, as dividend
of capital stock owned by Literary
Fund in Bank of the State of North
Carolina,
Wilmington & Weldon Railroad Com¬
pany, dividend on stock owned by
Literary Fund in said Company,
Jonas Cline, Sheriff of Catawba coun¬
ty, tax on Retailers,
Jonas Cline, tax for indigent pnpil at
21
251,350
, 20,108
498:
454 i
267 80
Literary fond-
receipts.
36
54
125,675
482
39
1,950
27,220
202
14298
85
125,675
16,000
30
194
1860. Comptroller's Statement.
1860.
Literary fund— July,
receipts. « "
Aug.
Sept.
Asylum for tlie Deaf and Dumb and
the Blind,
Sundry persons for entries of vacant
Lands,
L. Bundy, Sheriff of Cabarrus coun¬
ty, Auction tax from said county,
Joseph Lusk, Sheriff of Gaston coun
ty, Auction tax from said county,
J. W. Steed, Sheriff of Randolph coun¬
ty, tax on Retailers,
Joseph Lusk, Sheriff of Gaston county,
tax on Retailers,
Sundry persons for entries of vacant
Lands,
Sundry Sheriffs, Auction tax,
Sundry Sheriffs, tax on retailers oi
spirituous liquors, as follows:
L. II. Lowrance, Sh'ff, Lincoln Co.,
W. H. Cullum,
James Roberts,
A. B. Long,
J. M. Heale,
William Flynt,
J. H. Kethercutt,
P. F. White,
jTully Davenport,
jWm. Haymore,
G. B. Threadgill,
John Martin,
(Christian Strader,
jT. J. Carr,
|M. H. Eure,
Goodman Durden,
E. C. Grier,
G. M. Green,
Reuben King,
J. H. Allen,
C. A. Boon,
Joseph Brittan,
Hiram Hunter,
W. II. Smith,
A. H. Sanders,
H. W. Cooper,
R. B. Paschal,
S. A. Warren,
W. A. Walton,
$
Johnston
Roek'ham "
Rutherford "
McDowell "
Forsyth u
Jones u
Chowan u
Tyrrell u
Surry u
Anson u
Stokes u
Caswell "■
Duplin u
Gates u
Washington1"''
Mecklenb'g u
Cleaveland "
Robeson u
Brunswick u
Guilford u
Burke u
Madison u
Person u
Montgomery u
Hash "
Chatham u
Horth'pton "
Rowan "
75
119
5
97
85
82
I860. Comptroller's Statement.
195
Charles Byrd, Sheriff, Yancey
It. M. Jones,
W.D.Humphrey,
J. B. Lee,
co.
C. Austin,
W. W. Long,
W. E. Mann,
J. A. Beeves,
B. Fitzrandolph,
J. L. Ward,
J. A. Yann,
J. J. Bennett,
A. W. Bell,
J. M. Hilliard,
Isaac Arledge,
J. T. Barnes,
Hilliard Gibbs,
W. B. Campbell,
W. H. High,
Wm. Patterson,
William Fields,
Hector McYeill,
R. R. Tayloe,
K. H. Worthy,
G. W. Crumpler,
Esly Staly,
E. D. Hall,
L. Williamson,
Josiah Hodges,
J. F. Jenkins,
W. Harris,
A. C. Latham,
Geo. Dill,
J. R. White,
J. H. Gooch,.
Y. R. Jones,
H. H. Davidson,
J. S. Snow,
W. A. Thompson _
Received of Gov. Ellis, President ex
officio of the Literary Fund, as prim
cipal on the following College Bonds
owned by Literary Fund:
Wake Forest College,
Clinton Female Institute,
Orange
Onslow
Currituck
Hnion
Yadkin
Pasquotank
Ashe
Bladen
Polk
Hertford
Richmond
Camden
Davie
Henderson
Wilson
Hyde
Beaufort
Wake
Alamance
Lenoir
Cumberland
Bertie
Moore
Sampson,
Wilkes
Yew Hano'er
Columbus
Pitt
Edgecombe
Franklin
Craven
Carteret
Perquimans
Granville
Warren
Cherokee
Halifax
Wavne
60
150
210
120
120
90
240
60
90
90
90
60
150
60
90
630
240
300
480
90
180
300
30
180
90
.60
390
390
240
180
210
300
150
30
270
120
150
300
450
4,15181
1,000
m
I860. Comptroller's Statement.
1860.
Sept.
literary fund—
xeoeiptg.
Interest on the following College,
honds owned "by Literary Fund:
Mount Pleasant Academy,
Clinton Female Institute,
Normal College,
Greensboro' Female College,
Chowan Female Institute, 1
Wake Forest College, '
Principal on individual notes,
llnterest on individual notes,
Interest on State coupon honds,
Interest on honds of Wilmington and
Weldon Railroad Company,
Interest on honds of Raleigh and
Gaston Railroad Company,
Premium on State coupon bonds,
[Sales of open ground prairie,
Transferred from Public Fund to
Literary Fund, in payment for
$140,000, bonds of Raleigh and
Gaston Railroad Company,
Transferred from Public Fund to
Literary Fund, in payment of in¬
terest on State coupon bonds,
Transferred from Public Fund to Lit¬
erary Fund, in payment ot interest
on bonds of the State issued on ac¬
count of Fayetteville and Western
Plankroad,
180
270
300
210
260
484 14
3,880 37
212 70
12,420
3,000
4,200
52 81
320
140,000
10,140
1,080
$810,175
60
12
liltwwyfiand—
dUbur«emenU.
LITERARY FUND.—(Disbursements.)
Statement B.
Exhibiting the several objects for which the Disbursements
of the Literary Fund have been made ;
Common Schools,
Asylum for the Deaf and Dumb and
the Blind,
Loan to Literary Fund by Continen¬
tal Bank, New York,
$186,05411
16,500
502,700
1860. Comptroller's Statement.
19?
Interest on Loan by Continental Bank
to Literary Fund,
Premium on Northern Funds,
State coupon bonds held by Literary
Fund,
General Superintendent of Common
Schools,
Expense Account,
Literacy
disbursements.
59,764 01
Detailed as follows
Paid sundry counties, the State's quota
for support of Common Schools, FaL
distribution, 1859, as follows :
Franklin Co., W. T. Johnson, chm'n,
Forsyth
Beaufort
Burke
Cumberland
Halifax
N.Hanover
Bertie
Gates
Granville
Guilford
Wake
Cleveland
Cabarrus
Surry
Chatham
Alamance
Buncombe
Rowan
Anson
Craven
Camden
Pasquotank
Iredell
Person
Wayne
McDowell
J. W. Alspaugh,
Joseph Potts,
James Avery,
A. W. Campbell,
James L. Ousby,
S. D. Wallace,
Joseph B. Cherry,
S. W. Worrell,
L. A. Paschal,
Nathan Hiatt,
W. W. Whitaker,
J. R. Logan,
A. J. York,
L. J. Norman,
James S. Lasater,
John Trolinger,
M. Patton,
D. A. Davis,
H. B. Hammond,
John T. Lane,
Thomas Palmer,
W. W. Kennedy,
M. Campbell,
G. D. Satterfield,
W. K. Lane,
Win. A. McCall,
1,141
1,275
1,405
830
1,051
1,560
1,708
1,196
825
2,07636
2,217
2,534
1,163
20
74
92
28
06
84
32
76
36
60
76
64
1,04088
900
1,851
84'
60
1,14492
1,480 i
1,404
1,215
1,479
545
924
1,567
1,059
1,23809
53892
56
48
72
48
88
96
44
198
1860. Comptroller's Statement.
1859.
Literary fund— ~ ,
dinlnunKmeots UCi.
Nov.
Orange Co., Wm. H. Brown, chm'n,
Martin " A. H. Coffield, u
Robeson " D. C. Mclntyre, "
Lincoln " H. C. Hamilton, u
Carteret " Jobn P. C. Davis, "
Onslow " D. W. Sanders, "
Mecklenb'g, "J. P. Ross, "
Davie " L. Bingbam, u
ec u u
Edgecombe " David Barlow, "
Union " M. W. Cuthbertson,"
Pitt " Alfred Moye, (C
Yadkin " James Sbeek, £;
S. H. Young, Treasurer of tbe N. C.
Institution for tbe Deaf and Dumb
and tbe Blind,
JobnL. Pennington, for publishing in
Daily Progress, Newbern, Fall dis¬
tribution, 1859, for Com. Schools,
Holden & Wilson, for publishing in
N. C. Standard, Fall distribution,
1859, for Common Schools,
J. G. Parker, for publishing in Golds-
boro Tribune, Fall distribution,
1859, for Common Schools,
Paid sundry counties the State's quota1
for support of Common Schools, Fall
distribution, 1859, as follows :
Bladen county, Neill Graham, chm'n,
(Spring Distribution,)
Bladen county, Neill Graham, chm'n,
Alexander " R. L. Steele, "
Samuel Bobbitt, "
Jonathan Worth,"
Wm. A. Mitchell, "
J.Ramsay,(acting)"
D. H. Holland, «
C. R. Byrd, "
(Spring Distribution,)
Buncombe " M. Patton, "
(Spring Distribution,)
Alvis Lea, "
A. Monk, "
G. W. Hayes, "
James W. Cox, "
Warren
Randolph
Stokes "
Washingt'n "
Johnston "
Yancey "
Caswell
Sampson
Cherokee
Lenoir
1,194:
835
1,329
830!
144'
84480
1,40688
839 76
839 70
1,20216
96096
1,289 -
1,141
500
24
24
24
$ 962 88
73788
600:
1,243
1,821
1,018
573
1,337
968
1,480
1,459
1,40232
80436
666'84
1860. Comptroller's Statement.
199
Greene County, Edw'd Patrick,
Chairman,
Currituck " E. Morton, "
Watauga " John C. Blair, "
Wilkes "■ A. A. Scroggs,"
Caldwell " W. A. Ballew, "
Davidson " John Haines, "
Wilson " L. D. Farmer, "
Ashe " John Reeves, "
Macon " J. R. Siler, "
(Spring Distribution,)
Montgomery county, Joseph Erwing
Chairman,
S. H. Young, Treasurer H. C. Institu¬
tion for the Deaf and Dumb and the
Blind,
Sundry persons, for publishing Fall dis¬
tribution, 1859, for Common Schools,
as follows:
C. H. Foster, Murfreesboro' Citizen
J. M. Hewsom, Salisbury Banner,
John W. Syme, Raleigh Register,
T. W. Atkin, Asheville Hews, Spring
and Fall,
Sinclair & Banks, Horth Carolinian,
S. and F. Dis.,
Fulton & Price, Wilmington Journal,
S. and F. Dis.,
Holden & Wilson, for 538 copies of
the Common School Register,
Paid sundry counties the State's quota
for support of Common Schools,
Fall Distribution, 1859, as follows:
Hertford county, (Spring Dist.,) Jos.
B. Slaughter, Chairman,
Chowan county, James D. Wynn,
Chairman,
Hyde county, H. Beckwith, Chairman
Hash county, (Spring Dist.,) J. J. Q
Taylor, Chairman,
Hash county, J. J. Q. Taylor, Chm'n,
Jones County, John H. Cox,Chairman,
Tyrrell county, (Spring Dist.,) John
Dunbar, Chairman,
Tyrrell county, John Dunbar, Chair
man.
63
750
40
1,322
700
1,694
810
1,024
740
664
1,884
2,000
12
24'
24
24
36
36
48!
807
840
176
04
32
76
45
68
798
630
790
948 58
948
47220
534
53424
^ Literary fund—
3 disbursements;
33
56
92
24
20
58
24
200
I860. Comptroller's Statement.
1859.
Pnbllo fond—
diubui ementB.|
1860.
Jan.
Brunswick county, John H. Brooks,
Chairman, 1$ 714!
Richmond county, B. B. McKenzie,
Chairman, 952 32
Columbus county, Haines Lennon,
Chairman, 636 96
Yancey county, C. R. Byrd, Chairman, 96816
Macon county, J. R. Siler, Chairman, 74028
Henderson county, Joseph Maxwell,
Chairman, 825 96
Haywood county, (Spring Dist.,) Jo
seph Catliey, Chairman, 828
Perquimans co., E. H.Reddiek, Chm'n,
(Spring Distribution, | 723 60
" " ' 64860
Harnett county, D. McCormick,Chm'n 8501
S. H. Young, Treasurer of the H. C.
Institution for the Deaf and Dumb
and the Blind, 2,000
W. J. Yates, for publishing in West¬
ern Democrat, Fall Distribution,
1859, for Common Schools, 24
Paid the following Counties the State's
quota for support of Common
Schools, Fall distribution, 1859 :
Rockingham co., J.W. Burton,Clnn'n,
{Spring Distill >ution,) 1,483 56
" ' " 1,48356
Catawlia county, C. P. Shuf<>rd,Clnn'n, 9881
Haywood, u J. Catliev, " 828:
Stanly, u L.Green, " 761
II. Young, Treasurer of the H. C.
Institution for the Deaf and Dumb
and the Blind, 2,000
C. II. Wiley, General Superintendent
of Common Schools, bis 4tli quar¬
ter's salary for 1859, 375
J. W. Alspaugh, for publishing in 2,822
Western Sentinel, Fall distribution,
1859, for Common Schools, 24
F. I. Wilson, for printing, postage, Ac.,
on account of Common Schools, 366 70
Continental Bank, Hew York, interest
for six months loan by said bank to.
Literary Fund of Horth Carolina,. I 3,456106
1860. Comptroller's Statement.
201
Continental Bank, N. Y., principal of
loan by said Bank to Literary fund
of North Carolina,
Bank of the State of North Carolina,
premium for $129,131.06, check on
New York, to pay loan made to
Literary Fund of North Carolina,
on 25th June, 1859,
Paid the following counties the State's
quota for support of Common
Schools, Fall distribution, 1859 :
Hertford co., J. B. Slaughter, chm'n,
Moore " W. D. Dowd, "
Gaston " Kichard Bankin, "
H. Young, Treasurer of the N. C.
Institution for the Deaf and Dumb
and the Blind,
Continental Bank, New York, interest
for six months loan by said Bank
to Literary Fund of N. C.,
Continental Bank, New York, prin¬
cipal of loan by said Bank to Lit¬
erary Fund of N. C.,
Bank of the State of North Carolina,
premium for $128,363.04, check on
New York, to pay loan made to
Literary Fund of N. C.,
Paid H. Bourden, chairman, the
State's quota for support of Com¬
mon Schools in Duplin county,
Spring distribution, 1859,
Samuel H. Young, Treasurer of the
Asylum for the Deaf and Dumb
and the Blind,
F. I. Wilson, for printing Beports,
&c., for C. H. Wiley, General Su¬
perintendent of Common Schools,
C. H. W ilev, General Superintendent
of Common Schools, his 1st quar¬
ter's salary, for 1860,
Paid the Bank of North Carolina the
3d instalment of stock subscribed
in said Bank by the Literary Board
of North Carolina, under " an act
to establish the Bank of North
$125,675
645
7987
1,026
8673
2
26
6
2,000
2,688
125,675
641
1,333
1,000
186
375
04
Literary fund—
disbursements.
66
81
32
15
202
1860. Comptroller's Statement.
Literary fund—
disbursements.
1860.
April.
May.
Carolina," ratified the 16th day of
February, 1859,
Bank of North Carolina, interest on
3rd instalment of stock subscribed
in said Bank by Literary Board of
North Carolina,
Bank of North Carolina, premium for
check on New York to pay the 3rd
instalment of stock subscribed in
said Bank by Literary Board of
North Carolina/
S. H. Young, Treasurer N. C. Insti¬
tution for the Deaf and Dumb and
the Blind,
Paid sundry counties the State's quo¬
ta for support of Common Schools,
Spring distribution, 1860, as follows:
Alamance co., Jno. Trollinger, ch'n,
Forsyth " J. W. Alspaugh,"
Wake " W. W. Whitaker,"
Franklin " W. T. Johnson, "
Washington " J.Ramsey, (act'g,)"
Beaufort " Jos. Potts, "
Rowan " D. A. Davis, "
Guilford " Nathan Hiatt, "
I Camden " Thomas Palmer, "
Chatham " Jas. S. Lasater, "
Burke " James Avery, "
Davidson " John Harris, "
Iredell " M. Campbell, u
Pasquotank Ct W. W. Kennedy,"
Bertie " Joseph B. Cherry,"
Cabarrus " A. J. York, "
Orange " W. H. Brown, "
Wayne " W. K. Lane, u'
N.Hanover " S. D. Wallace, "
Cumberland " A. M. Campbell, "
Craven " John T. Lane, "
Union " S. H. Walkup, "
Lenoir " James W. Cox, "
Chowan " Jas. D. Wynn, "
Yadkin " James Sheek, "
Buncombe " M. Patton,
Surry " L. J. Norman, "
Warren c Samuel Bobbitt, "
$125,675
1,01230
95015
1,000
L219 92
1,275 74
2,534 76
1,14120
573 60
1,405 92
1,479 48
2,21760
62088
1,926 60
83028
1,694,76
1,56744
92496
1,19676
1,04088
1,79484
1,23809
1,70832
1,27606
48
96
72
24
32
56
84
92
1.479
1,110
741
630
1,141
1.480
975
1,243
1860. Comptroller's Statement.
203
S. H. Young, Treasurer H. C. Institu¬
tion for the Deaf and Dumb and the
Blind,
Expenses of meeting of Literary Board
in Raleigh, May 11th, 1860,
Paid sundry counties the State's quota
for support of Common Schools,
Spring distribution, 1860, as follows:
Onslo^ ~ ~~
Anson
Person
Greene
Jones
Granville
Randolph
Martin
Mecklenb'g
Alexander
Cleveland
Lincoln
Carteret
Hyde,
Caswell
Cherokee
Stokes
Harnett
Stanly
Ashe
Currituck
Macon
Sampson
Brunswick
Haywood
Hertford
Horthamp'n
co., D. W. Sanders, Ch'n,
H. B. Hammond "
G. D. Satterfield "
Edward Patrick "
E. F. Sanderson "
L. A. Paschal "
Jonathan Worth "
A. H. Coffield. "
John P. Ross "
R. L. Steele "
J. R. Logan "
H. W. Abernathy "
J. P. C. Davis "
H. Beckwith "
Alvis Lea "
G. W. Hayes "
W. A. Mitchell "
Dan'l McCormick "
Lafayette Green "
John Reaves "
J. S. Day "
J. R. Siler "
Archibald Monk "
John H. Brooks "
J. Cathey "
J. B. Slaughter "
Herod Faison "
S. H. Young, Treasurer 1ST. C. Institu¬
tion for the Deaf and Dumb and the
Blind,
John W. Syme, for publishing in Ra¬
leigh Register, Spring distribution,
1860,for support of Common Schools,
W. A. Walsh, for publishing in War-
renton Hews, Spring distribution,
1860, for support of Com. Schools,
Paid sundry counties the State's quota
2,000
65
TO
844
1,290
1,059
638
4T220
2,07636
1,821
835132
1,406
.600
1,163
830
744
« 790
1,459132
804
1,018
850
761
1,024
750
740
1,47732
71412
828
798
36
80
70
76
68
84
26
1,287
2,000
12
12
80
72
52
36
64
96
20
84
72
72
■204:
1860. Comptroller's Statement.
1860.
July.
Literary fund—
disbursements.
Alii
for support of Commons Scliools
Spring distribution, i860, as follows:
Gates County, S. W. Worrell, Chm'n,
Pitt county, Alfred Moye, Chairman,
Columbus county, Haynes Lennon
Chairman, |
Wilson county, L. D. Parmer, Chair¬
man,
Washington county, (Fall ?59,) Jgs.
Ramsay, act., Chairman,
Edgeomb county,David Barlow,Chair¬
man,
Tyrrell county, John Dunbar, Chair¬
man,
Catawba county, G. P. Shuford, Chair¬
man,
Paid the Bank of North Carolina the
1th instalment of stock subscribed
in said Bank by the Literary B< >ard
of 1ST. C., under an "Act to estab¬
lish the Bank of North Car* »lina,"
ratified the 16th day of Feb., 1559,
Bank of North Carolina, interest on
4th instalment of stock subscribed in
said Bank by Literary Board of FT. C.,
Bank ot North Carolina, premium for
check on New York to pay 4th in¬
stalment of stock subscribed in said
Bank by Literary Board of N. C.,
W. W. Holden, for publisliing in N.
C. Standard, Spring distribution,
1860,for support of Common Schools
II. E. Colton, for publisliing in Ash-
ville Advocate, Spring distribution,
1860,for support of Common Schools
C. II. Wiley, General Superintendent
of Common Schools, his 2nd quar¬
ter's salary, for 1860,
W.J. Yates, for publishing in West¬
ern Democrat, Spring distribution,
1860,for support of Common Schools
Paid the following counties the State's
quota for the support of Common
Schools, Spring distribution, 1860 :
Rockingham co., <TW. Burton, Ch'mn.,
$ 82536
Johnston
D. II. Holland,
1,28940
63696
81045
57360
1,20212
53424
988
125,675
377
1,256
12
12
375
12
1,48356
1,337
1860. Comptroller's Statement.
205'
Gaston Co., Rich'd Rankin, Ch'n,
S. H. Young, Treasurer N. C. Insti¬
tution for the Deaf and Dumb and
the Blind,
J. W. Alspaugh, for publishing in
Western Sentinel Spring distribu¬
tion, 1860, for support of Common
Schools,
Paid sundry counties the State's
quota for support of Common
Schools, as follows:
Halifax Co., J. R. Gary, Ch'n,
(Fall, 1859,)
J. R. Gary,
D. 0. Mclntyre,
Housen Harrill,
(Fall, 1859,)
Housen Harrill,
H. Bourden,
M. A. Bernhardt,
J. 0. Blair,
Jos. Ewirjg,
0. R. Byrd,
Neill Graham,
Jos. Maxwell,
B. B. McKenzie,
Peter Eller,
Treasurer N. G. Insti¬
tution for the Deaf and Dumb and
the Blind,
John Spelman, for publishing in Sal¬
isbury Banner, Spring distribu¬
tion, 1860, for support of Common
Schools.
C. H. Wiley, General Superintendent
of Common Schools, his 3rd quar¬
ter's salary for 1860,
Transfered from Literary Fund to
Public Fund, in payment for Bonds
of Raleigh and Gaston Railroad
Company,
Halifax
Robeson
Rutherford
Rutherford
Duplin,
Caldwell
Watauga,
Montgomery
Yancey
Bladen
Henderson
Richmond
Wilkes,
S. H. Young
$ 867
1,000
12
1,485
1,560
1,329
36
Literary fund-
disbursements.
84
84
60
1,48656
1,48656
1,25832
70032
40176
739 56
968
762
825
952
1,397
1,000
12
375
140,160
16
88
96
32
04
|859,764 01
206
1860. Comptroller's Statement.
PUBLIC FUND.—{Receipts.)
Public fund—
receipts. STATEMENT C.
Exhibiting the several sources from which the Receipts of
the Public Fund have been derived:
Cherokee Bonds,
Collateral Descent,
Fayetteville and Warsaw Plankroad
Dividend,
General Assembly,
Insane Asylum tax,
Interest on Fayetteville and Western
Kailroad Bonds,
State Coupon Bonds,
Interest on Wilmington, Charlotte and
Rutherford Railroad Bonds,
Interest on Wilmington and Weldon
Railroad Bonds,
Interest on Seaboard and Roanoke
Railroad Bonds,
Money paid by Supreme Court Clerk
in Raleigh, under 73rd chapter Re¬
vised Code,
Public Taxes,
Revised Code,
State Loans,
Tax on Attorney's License,
Tax on Bank Stock,
Tax on Corporations,
$ 300
415
100
70
15,450
9,000
1,789,109
32
05
6,000
3,000
64645
30488
667,70880
71
301,092
1,396
18,27747
75
14
50
$ 2,813,01661
Detailed as follows:
1859.
Oct.
Received of Commissioners of Sinking!
Fund of North Carolina, on account
of 206 State coupon bonds, of $500
each, dated July 1st, 1859, and run¬
ning 30 years,
R. R. Tayloe, Sheriff of Bertie county,
on account of indigent insane pa-
$103,000
1860. Comptroller's Statement.
207
tients from said county in Insane
Asylum of North Carolina,
Trustee of Rowan county, on account
of indigent insane patients from
said county in Insane Asylum of
North Carolina,
Bank of Clarendon, tax on stock in
said Bank,
Bank of the State of N. C., tax on
stock in said Bank,
Alfred Holland, Trustee of Johnston
county, on account of indigent in¬
sane patients from said county in
Insane Asylum of N. C.,
Seaboard & Roanoke Railroad Com¬
pany, interest on bonds of said
Company, held by the State of
North Carolina,
Issued to R. C. Pearson, President of
Western N. C. Railroad Company,
150 State coupon bonds of $1,000
each, dated Oct. 1st, 1859, and run¬
ning 30 years,
Accrued interest to Nov. 18th, 1859,
B. F. Harris, for State coupon bonds,
Isaac Winston, for State coupon bonds,
Sundry persons for State coupon
bonds sold to meet liabilities of the
State, under " an Act authorizing
the Public Treasurer to sell bonds
of the State for certain purposes,"
passed by the Legislature of 1858-
'59,
Fayetteville and Warsaw Plankroad
Company, tolls from said Company,
S. H. Walkup, on account of hoard of
John M. Gay, an indigent patient
from Union county, in Insane Asy¬
lum N. C., paid by said county,
Jesse Bledsoe, Sheriff of Alleghany
county, on account of taxes due
the State from said county for 1859.
W. T. Dortch, Atty., balance of taxes
due the State for 1856 from the
former Sheriff of Wilson county,
$ 1,336
246
1,200
2,203
94
Public fund-
receipts.
201
646
30
45
150,000
1,225
2,727
1,400
64,10258
100
144
36822
21636
66
208
1860. Comptroller's Statement.
1859.
Dec.
Sri™1- I860.
Jan.
Feb.
Mar.
Gov. Ellis, on acc't of sales of Revised
Code,
R. H. Page, tax on account of incorpo¬
ration of Wilson Female Seminary,
Sundry persons, for State coupon
bonds, sold to meet the liabilities
of the State,
Gov. Ellis, on acc't of sales of Revised
Code,
Commercial Bank of Wilmington, tax
on Stock in said Bank,
Interest on Wilmington & Weld on
Railroad bonds owned by the State
of North Carolina,
Issued to H. W. Guion, President of
Wilmington, Charlotte and Rutin
erfordRailroad Company, 200 State
coupon honds of $1,000 each, dated
Jan. 1st, 1860, and running 30
years,
Sundry persons, for State coupon
bonds sold to meet liabilities of the
State,
W. H. High, Sheriff of Wake county,
on account of indigent insane pa¬
tients from said county, in Insane
Asylum of N. C.,
Will. A. Jenkins, Attorney General,
amount of taxes due from the sheriff
of Bladen county, for 1858,
Bank of North Carolina, temporary
loan,
B. Higgins, tax on account of incor¬
poration of Halsey Minihg and
Smelting Company,
Sundry persons, for State coupon
bonds, sold to meet liabilities of the
State,
Jacob Siler, Agent for collection of
Cherokee bonds, on account of said
bonds,
O. H. Dockery, amount overdrawn by
him as a member of the House of
Commons, 1858- 9,
W. D. Poindexter, Trustee of Yadkin
16
25
82
210,570
55
88812
1,500
200,000
117,144
65636
6,94452
74,61042
25
48,828
300
70
209
1860.
Mar.
May.
April.
county, on account of Rebecca Bag-
by, an indigent patient, in Insane
Asylum of N. C.,
Fayetteville and Western Railroad
Company1, interest on State coupon
bonds, issued on account of said
Road,
E. B. Freeman, Clerk of Supreme
Court at Raleigh, tax on Attorney's
License, Dec. Term, 1859,
Bank of North Carolina, temporary
loan,
Sundry persons,for State coupon bonds,
sold to meet liabilities of the State,
J. H. Grooch, Sheriff of Granville coun¬
ty, on account of indigent insane
patients from said county, in Insane
Asylum of N. C.,
Benjamin Bynum, on account of an
indigent insane patient from Wilson
county, in Insane Asylum of N. C
E. B. Freeman, Clerk of Supreme
Court at Raleigh, monies remaining
in his office, pursuant to 73d chap¬
ter of Revised Code,
F. A. Garrett, tax for the charter of
"Phoenix Mining Company,"
Bank of North Carolina, temporary
loan to meet liabilities of the State,
Sundry persons, for State coupon bonds
sold to meet liabilities of the State,
1. B. Short, Trustee Washington coun¬
ty, for indigent patients in Insane
Asylum,
P. F. White, Sheriff of Chowan coun¬
ty, tax due from said county for in¬
digent patients in Insane Asylum,
J. A. Moore, Clerk Superior Court
Wake county, money paid in his
office by sureties of Geo. W. Glass,
former Sheriff of McDowell county,
on account of taxes due the State
from said Sheriff for 1858,
John A. Dickson, on account of tax on
collateral descent in Burke county,
$ 136
Public fund—
20 receipts.
6,000
25
36
641
78,773
44,955
68629
108
30488
25
24,620
147,343
432
336
83
83
3,875
330
14
22
210
1860. Comptroller's Statement.
1860.
Public fund— June,
receipts
Au
e>*
July.
for State coupon
meet liabilities of
for board of patients
Asylum from Lincoln
Sundry personSi
bonds, sold to
tbe State,
E. C. Fisher,
in Insane
county,
Fayetteville & Western Railroad
Company, interest on bonds of said
Company,
Wilmington, Charlotte & Rutherford
Railroad Co., interest on bonds of
said Company,
Bank of North Carolina, temporary
loans to meet liabilities of the State,
Sundry persons, for State coupon
bonds, sold to meet liabilities of the
State,
Jonas Cline, tax due from Catawba
county, for board of indigent pa¬
tient from said county in Insane
Asylum,
T. T. Martin, for hoard of Rebecca
Bagby in Insane Asylum,
Bank of North Carolina, temporary
loan to meet liabilities of the State,
Bank of Charlotte, tax on capital
stock in said Bank,
Jonas Cline, Sheriff Catawba county,
tax due from said county for 1859,
Sundry persons, for State coupon
bonds, sold to mpet liabilities of
the State,
Issued to R. C. Pearson, President of
Western N. C. Railroad Company,
50 State coupon
each, dated July 1st, 1860, and
running 30 years, issued on account
of said Road,
Accrued interest to August 10th, 1860
N. R. Jones, Sheriff" of Warren coun¬
ty, tax due from said county for
board of indigent patients in In¬
sane Asylum,
Sundry Sheriffs, State taxes for 1859,
payable in 1860, as follows:
85,431
288
3,000
6,000
98,46670
287,093
49
144
24,62083
750
5,13980
13,15941
50,000
33333
162
1860. Comptroller's Statement.
211
N. R. Jones, Sheriff, Warren county,
Joseph Lusk, " Gaston "
J. W. Steed, " Randolph "
J. L. Bundy, " Cabarrus "
Sundry Banks, tax on capital stock
in said Banks, as follows :
Merchants' Bank,
Farmers' "
Bank of Yancey ville,
J. R. Dodge, Clerk Supreme Court at
Morganton, tax on Attorney's Li¬
censes, August term, 1860, of said
Court,
E. B. Freeman, Clerk Supreme Court
at Raleigh, tax on Attorney's Li¬
censes, June term, 1860, of said
Court,
Sundry persons for State Coupon
Bonds, sold to meet liabilities of
the State,
Sundry Sheriffs, on account of indi¬
gent insane patients from their re¬
spective counties, in Insane Asy¬
lum of FT. C., as follows: i
A. B. Long, Sheriff, Rutherford co.,
Wm. Flynt,
Jos. Marshall, "
John Martin, "
E. D. Hampton, "
E. C. Grier, "
G. M. Green, "
J. H. Allen, "
C. A. Boon, "
R. B. Paschal, "
W, A. Walton, "
Chas. Byrd, "
R. M. Jones, "
County Trustee, "
J. L. Ward, «
J. A. Yann, "
J. M. Hilliard, «
Hilliard Gibbs, "
W. B. Campbell,"
W. H. High, "
R. R. Tayloe, "
Forsyth
Stanly "
Stokes "
Davidson "
Mecklenburg"
Cleveland "
Brunswick "
Guilford "
Chatham "
Rowan "
Yancey "
Orange "
Union "
Polk "
Hertford "
Davie ■1
Hyde "
Beaufort "
Wake "
Bertie "
129
4,792
7,524
8,744
562
50
744 75
500
228
52725
261,795
144
356
101
540
144
283
288
144
57095
1,09697
552
117
935
21
401
896
52
144
432
54591
432
Publio fund-
92 receipts.
22
46
19
33
94
66
212
I860. Comptroller's Statement.
Public fund—
eoeipts.
1860.
Sept.
E. D. Hall, Sh'ff Hew Hanover co.
jJosiali Hodges, "
J. F. Jenkins, "
(Wash. Harriss, "
J. R. White, "
County Trustee, "
Pitt
Edgecombe
Franklin
Perquimans
Cumberland
Wilmington and Weldon Railroad Co.
i interest on $50,000 bonds of said
| Company,
.Sundry Sheriffs, State taxes for 185
payable in 1860, as follows:
L. H. Lawrence, SlTff Lincoln c
W. F. Wasson,
W. H. Cullom,
James Roberts,
A. B. Long,
J. W. Heal,
William Flynt,
|J. H. Hetliercutt,
P. F. White,
Tully Davenport,
Wm. Haymore,
G. B. Threadgill,
Jos. Marshall,
John Martin,
Wm. Green,
J. C. Smith,
R. G. Tuttle,
C. Strader,
E. D. Hampton,
T. J. Carr,
M. II. Eure,
Goodman Burden,
E. G. Grier,
G. M. Green,
Reuben King,
J. II. Allen,
C. A. Boon,
Joseph Brittan,
Iliram Hunter,
W. H. Smith,
A. H. Sanders,
H. W. Cooper,
R. B. Paschal,
S. A. Warren,
W. A. Walton,
Iredell
Johnston
Rockingham
Rutherford
McDowell
Forsyth
Jones
Chowan
Tyrrell
Surry
Anson
Stanly
Stokes
Haywood
Alexander
Caldwell
Caswell
Davidson
Duplin
Gates
Washington
MecklenVg
Cleveland
Robeson
Brunswick
Guilford
Burke
Madison
Person
Montgomery
Hash
Chatham
Horthampfn
Rowan
528
286
383
490
232
432
43
1,500
1860. Comptroller's Statement.
213
Sidney Deal, Shff. Watauga county.
Charles Byrd, " Yancey
R. M. Jones, " Orange
W.D.Humphrey," Onslow
J. B. Lee, " Currituck
C. Austin,
J. R. Grady,
W. W. Long,
W. E. Mann,
W. R. Young,
J. A. Reeves,
" Union
" Harnett
" Yadkin
" Pasquotank
" Buncombe
" Ashe
B, Eitzrandolph, " Bladen
J. L. Ward, " Polk
A. Yann, " Hertford
J. J. Bennett, " Richmond
A. W. Bell, " Camden
J. M. Hilliard, " Davie
Isaac Arledge, " Henderson
J.T.Barnes, " Wilson
Hilliard Gibbs, " Hyde
W. B. Campbell," Beaufort
W. H. High, " Wake
Wm. Patterson, " Alamance
Wm. Fields, " Lenoir
Hector McNeill, " Cumberland
R. R. Tayloe, " Bertie
K. H. Worthy, " Moore
G. W. Crumpler," Sampson
Esly Staley,
E. D. Hall,
L. Williamson,
Josiah Hodges,
J. F. Jenkins,
Wash. Harris,
A. C. Latham,
George Dill,
J. R. White,
Jesse Bledsoe,
J. H. Gooch,
N. R. Jones,
E. Davis,
" Wilkes
" New Hanover
" Columbus
" Pitt
" Edgecombe
" Franklin
" Craven
" Carteret
" Perquimans
" Alleghany
" Granville
" Warren
" Jackson
J. G. Crawford, " Macon
H. H. Davidson, " Cherokee
J. S. Snow, " Halifax
W. A. Thompson," Wayne
1,433
1,832
11,970
5,082
3,306
6,01442
3,210 22
4,17093
8,066
5,860
2.552
^541
1,352
7,408
7,142
4,142
4,993
4,805
8,83092
4,793"
12,470
29 Public fund.
2g receipts.
41
46
51
24
13
62
80
78
36
52
53
35
53
39
77
26,29985
15
99
05
86
51
51
7,129
8,632
20,908
10,791
4,822
9,304
3,990
31,358
4,621
11,754
23,174
11,298
18,086
4,14453
6,623
1,197
16,914
15,523
1,308
1,93752
2,447
17,554
12,989
74
26
78
91
68
32
95
63
81
14
69
83
97
41
1860. Comptroller's Statement.
1860.
Sept.
Public fund-
receipts.
Sundry Banks, tax on capital stock
in said Banks as follows :
Bank of Wadesboro',
Bank of Fayetteville,
Bank of Cape Fear,
Bank of North Carolina,
Bank of Clarendon,
Geo. Dill, Sheriff of Carteret county
tax on collateral descent,
$2,813,016 61
Public fund— PUBLIC FUND.—(.Disbursements.)
disbursements,
Statement D.
Showing the several objects for which the Disbursements of
the Public Fund have been made:
Agricultural Societies,
Adjutant General
Asylum for the Deaf aud Dumb and
the Blind,
Binding laws,
Board of Internal Improvements,
Cape Fear and Deep River Improve¬
ment,
Capitol Square,
Council of State,
Comptroller's Department,
Congressional Election,
Contingencies,
Distributing Laws,
Executive Department,
Executive Mansion,
Fayetteville and Western Railroad,
Fugitives from Justice,
Geological Survey,
Governor's Election,
Interest on coupon bonds of Cape Fear
& Deep River Navigation Company,
Interest on bonds of Fayetteville and
Western Plankroad Company,
1860. Comptroller's Statement.
215
Interest on Raleigh and Gaston Rail
road Bonds.
Interest on State Coupon Bonds,
Interest, on State Registered Bond's,
Interest on State Loans,
Insane Asylum,
J udiciary,
McDowell and Yancey Turnpike
Road,
Pensions,
Post Office,
Premium on Northern Funds,
Public Arms,
Public Printing,
Public Tax refunded,
Raleigh and Gaston Railroad Bonds,
Senatorial Election,
Sheriffs for settling public taxes,
State Department,
State Capitol,
State Librarian,
State Library,
State Loans,
State Registered Bonds,
Superintendent of Capitol,
Surplus Revenue,
Treasury Department,
Western N. C. Railroad,
Western N. C. Railroad Survey,
98
10,920
412,245
20,881
10,23289
25,000
32,446
700
220
299
2,914
235
1,585
121
497,500
304
1,969
600
49793
450
2,354
572,500
8,200
1 QK
100,000
2,750
302,358
8,000
$ 2,676,923 66
23
75
01
45
94
90
34
12
47
33
Detailed as follows:
Duplin County Agricultural Society,
State's quota for 1859,
Buncombe County Agricultural So¬
ciety, State's quota for 1859,
Davie County Agricultural Society,
State's quota for 1859,
J. F. Hutchins, Treasurer o£ the State
Agricultural Society, State's quota
to said Society for year ending 1st
Monday in October, 1859,
50
50
50
1,500
216
1860. Comptroller's Statement.
1859.
Oct.
Publio fund—
disbursements.
W. H. McKee, President of Board of
Directors, part of an appropriation
by " an act to enlarge and im¬
prove the buildings of the Asylum
for the Deaf and Dumb and the
Blind, passed by the Legislature of
1858-9.
Graham Daves, Secretary to Board of
Internal Improvements, for ex¬
penses of meeting of said Board in
Raleigh, October 18, 1859.
H. A. London, Treasurer of Cape
Fear and Deep River Navigation
Company.
Ebenezer Emmons, State Geologist
one quarter's salary from April 1
to July 1, 1859.
Ebenezer Emmons, jr., Assistant
Geologist, two quarter's salary from
April 1 to October 1, 1859.
William Matthews, for one bake
oven built at the Executive Man¬
sion.
W. H. Battle, Judge of Supreme
Court, his third quarter's salary for
1859.
R. M. Pearson, Chief Justice of the
Supreme Court, his third quarter's
salary for 1859.
William A. Jenkins, Attorney Gen
eral, for six certificates from third
Circuit.
William Lander, Solicitor for five
certificates from sixth Circuit.
Marcus Erwin, Solicitor, for two cer¬
tificates from seventh Circuit.
Robert Strange, Solicitor, for seven
certificates from fifth Circuit.
Thomas Ruffin, Judge Supreme Court,
his third quarter's salary for 1859,
William E. Anderson, Treasurer In¬
sane Asylum, on account of said
Asylum.
Bank of the State of North-Carolina,
interest on temporary loans.
5,000
4f33
1860. Comptroller's Statement.
217
Bank of Cape Fear at Raleigh, inter
est on temporary loans,
Isaac Winston, interest on State cou¬
pon bonds,
Sinking Fund, interest on State cou
pon bonds,
Bank of the Republic, New York, for
interest on State coupon bonds,
James F. Taylor, interest on State
bonds,
James S. Purefoy, interest on State
bonds,
James F. Taylor, interest on bonds
of Fayetteville and Western Plank-
road Company,
Holden & Wilson, printing for Ex¬
ecutive Department,
jHolden & Wilson, printing for Trea
| sury Department,
Holden & Wilson, printing for Comp¬
troller's Department,
Holden & Wilson, printing for State
Department,
Bramly Sasser, a pension for 1859,
D. G. McRae, bis salary as keeper of
State Arsenal at Fayetteville, for
year ending September 30, 1859,
George T. Cooke, Postmaster in Ral-
e i g b, postage stamps furnished
Comptroller's Department,
George T. Cooke, postage stamps fur¬
nished Executive Department,
George T. Cooke, postage stamps fur¬
nished State Officers,
C. N. White, tax overpaid by him for
1856, to Sheriff of Cabarrus,
Drury King, for various services
about the Capitol,
E. J. Hale & Son, books for State
Library,
Bank of the State of North Carolina,
temporary loans,
James C. Turner, Chief Engineer, for
organizing corps of Engineers for
Western North Carolina Railroad,
60
18
2,850
69,95V
60
66
Pablio fund—
disbursements.
15
55
12
3350
1985
12 50
40
60
10
20
54
11
29
98
125,500
4,000
218
1860. Comptroller's Statement.
Public fund— '1859.
disbursements,
Nov.
Paid into the Sinking Fund of N. C.,
under " an act to create a Sinking
Fund," ratified the 2nd day of Feb¬
ruary, 1857,
Mecklenburg county Agricultural So¬
ciety, State's quota for 1859,
Onslow county Agricultural Society,
State's quota for 1859,
Granville county Agricultural Socie¬
ty, State's quota for 1859,
Cumberland county Agricultural So¬
ciety, State's quota for 1859,
American Bank Note Company, New
York, printing sundry coupon
bonds for the State of North Caro¬
lina,
Adams Express Company, freight on
two packages from New York to
Raleigh,
Graham Daves, private Secretary to
Gov. Ellis, for sealing 266 State
bonds,
John F. Hoke, Attorney for the State,
for collecting collateral tax from
John Steele, Administrator of Jas.
Cowen, deceased,
Adams Express Company, freight on
two packages from New York to
Raleigh,
Magnetic Telegraph in Raleigh, two
dispatches to New York for Public
Treasurer,
Edward Newlin, for advertising sales
of N. C. bonds in New York Jour¬
nal of Commerce, in July and Nov.
1859,
H. A. London, Treasurer of Cape
Fear and Deep River Navigation
Company,
W. S. Webster, for delivering 250
copies Revised Code of North Caro¬
lina in sundry counties,
C. C. Tally, for delivering 200 copies
Revised Code of North Carolina in
sundry counties,
$100,000
1860. Comptroller's Statement.
210
1859.
Nov.
Raleigh and Gaston Railroad Cofti-
pany, freight on 3 boxes, forwarded
to Ebenezer Emmons,
Ebenezer Emmons, State Geologist, 1
quarter's salary to Oct. 1st, 1859,
J.L.Bailey, Judge of Superior Courts,
for 15 certificates from 7th circuit,
Win. A. Jenkins, Attorney General,
for 4 certificates from 3d circuit,
R.M.Saunders, Judge Superior Courts,
for 4 certificates trom 2d circuit,
Marcus Erwin, Solicitor, for 8 certifi¬
cates from 7th circuit,
Jesse G. Shepherd, Judge Superior
Courts, for 10 certificates from 3d
circuit,
M. E. Manly, Judge Superior Courts,
for 10 certificates from 1st circuit,
E. C. Hines, Solicitor, for 10 certifi
cates from 1st circuit,
Robert Strange, Solicitor, for 2 cer
tificates from 5th circuit,
D.F.Caldwell, Judge Superior Courts,
for 14 certificates from 5th circuit,
C. H. Austin, Treasurer of Florida,in¬
terest on bonds of North Carolina,
Chancey G. Lee, 1 copy of Mitchell's
Atlas for State Library,
PaidR. C. Pearson President of West¬
ern North Carolina Railroad Com¬
pany, 150 State coupon bonds of
$1,000 each, dated Oct. 1st, 1859
and running 30 years, issued on
account of said Road,
AccruOd interest to Nov. 18th, 1859,
Bank of the Republic, New York, for
interest on State coupon bonds,
B. F. Harris, interest on State coupon
bonds,
Bank of the Republic, New York, for
interest on coupon bonds of C. F
& D. R. Nav. Company,
B. F. Harris, interest on coupon bonds
of C. F. & D. R. Nav. Company,
Moore county Agricultural Society,
State's quota for 1859,
Literary fund—
disbursements.
2
625
1,245
80
360
160
975
975
200
40
1,155
369
12
92
150,000
1,225
3,795
510
15
390
50
:220
1860. Comptroller's Statement.
1859.
Dec.
Public fund—
.■disbursements.
Robinson county Agricultural Society ^
State's quota for 1859,
Jesse Bledsoe, Sheriff of Alleghany
county, for making return of the
congressional election in said coun¬
ty, in August, 1859,
John A. Averett, a member of the
Executive Council, expenses of meet¬
ing of the Council, Dec. 6th and
7th, 1859,
H. A. London, Treasurer of Cape Fear
& Deep River Ravigation Company,
James Page, for delivering boxes of
the Revised Code of Rorth Carolina
in 19 counties,
JohnW. Ellis, Governor of Rorth Car-
alina, his ith quarter's salary for
1859,
F. I. Wilson, for David Ron-is, being
reward offered for arrest of James
Boon, who was indicted in Superior
Court of Yancey county for murder
of Alfred F. Keith,
E. Emmons, for C. D. Smith, 8 months
salary from Sept. 1st, to December
1st, 1859, as Assistant Geologist,
E. Emmons, State Geologist, one quar¬
ter's salary to Jan. 1st, 1860,
William Thompson, for work done at
Executive Mansion,
W. E. Anderson,Treasurer Insane Asy¬
lum, on account of said Asylum,
Sundry persons, interest on State bonds
J. Y. Wilcox, interest on bonds of
Fayetteville & Western Plankroad
Company,
J. Y. Wilcox, interest on bonds of Ra¬
leigh & Gaston Railroad Company,
Bank of the Republic, Rew York, for
interest on coupon bonds of R. C.,
R. R. Heath, Judge Superior Courts,
for 15 certificates from 6th circuit,
John M.Dick, Judge Superior Courts,
for 12 certificates from 1th circuit,
R.M. Saunders, Judge Superior Courts,
for 7 certificates -from 2d circuit,
1860. Comptroller's Statement.
221
H. C. Jones, Reporter Supreme Court,
his last half year's salary for 1859,
J. J. Bruner, for printing, folding,
stitching, covering and directing No.
2, vol. 6 Jones' Law, and No. 3, vol.
4 Jones' Equity Reports, with an
index and title to each vol.,
Vm. Lander, Solicitor, for 10 certifi¬
cates from 6th circuit,
D. K. McRae, acting Solicitor, for 1
certificate from 2d circuit,
Thomas Ruffin, Jr., Solicitor, for 11
certificates from 4th circuit,
Bank of North Carolina, premium for
$120,000 checks on New York,
Geo. T. Cooke,'Post Master in Raleigh
postage stamps for Executive De¬
partment,
John Y. Wilcox, for 5 bonds of Ra¬
leigh & Gaston Railroad Company
Drury King, for payment of wages of
free boy W. H. Dempsey, for ser
vices at Capitol,
Drury King, for cash advanced for
work done in Capitol,
O. H. Perry, State Librarian, his 4th
quarter's salary for 1859,
Jesse Bledsoe, Sheriff of Alleghany
county, for making returns of taxes
due the State from said county for
1858,
R. H. Page, Secretary of State, his
4th quarter's salary for 1859,
John H. Jones, for 2 bonds of $1,000
each,
Needham Price, for 1 bond of $1,000,
D. W. Courts, Public Treasurer, his
4th quarter's salary for 1859,
W. R. Richardson, Clerk to Treasury
Department, his fourth quarter s
salary for 1859,
One telegraphic dispatch to New York
for Public Treasurer,
American Bank Note Company, New
York, for printing sundry coupon
bonds of North Carolina,
300
952
703
200
20
220
600
12
24,000
15
112 50
Public fund—
disbursements..
29
200
2,000
1,000
500
187
125
66
50
95
222
1860. Comptroller's Statement.
Public fund—
.disbursements.
1859.
Dec.
1860.
Jan.
Adams Express Company, freight on
3 packages from New York to Ra¬
leigh,_
Magnetic telegraph, sundry dispatches
from Raleigh to New York for Pub¬
lic Treasurer,
Graham Daves, private Secretary to
Governor Ellis, for sealing one hun¬
dred State bonds,
Edward Newlin, for advertising sale
of 1ST. C. bonds in New York Journal
of Commerce, in Dec., 1859,
Randolph County Agricultural Socie¬
ty, the State's quota for 1859,
Richmond County Agricultural Socie¬
ty, the State's quota for 1859,
Henderson County Agricultural Socie¬
ty, the State's quota for 1859,
Martin County Agricultural Society,
the State's quota for 1859,
S. H. Young, part of appropriation by
Legislature of 1858-'59 to enlarge
and improve the buildings of the
Asylum for the Deaf and Dumb and
the Blind,
H. A. London, Treasurer of CapeEear
and Deep River Navigation Im
provement, on account of said Im¬
provement,
Graham Daves, private Secretary to
Gov. Ellis, his lourtli quarter's sal¬
ary for 1859,
T. "W\ Atkin, for advertising in Ashe-
ville News, reward for arrest of
James Boon, a fugitive from justice
in Y'ancey county,
Ebenezer Emmons, Jr., Assistant State
Geologist, his fourth quarter's sala¬
ry for 1859,
R. 1\L Pearson, Chief Justice Supreme
Court, his fourth quarter's salary for
1859,
\W. II. Battle, Judge Supreme Court,
his fourth quarter's salary, for 1859,
JjThomas Ruffin, Judge Supreme Court,
186<>. Comptroller's Statement.
223
his salary from October 1st to No¬
vember 5th, 1859,
M. E. Manly, Judge Supreme Court,
his salary from 11th to 31st Dec.,
1859.
W. J. Houston, Solicitor, for 10 cer¬
tificates from 2nd Circuit,
Marcus Erwin, Solicitor, for 5 certifi¬
cates from 7th Circuit,
W. E. Anderson, Treasurer Insane
Asylum, North Carolina, on ac¬
count of said Asylum,
Bank of Cape Fear, at Ealeigh, in¬
terest on temporary loans,
Interest on State Coupon Bonds own¬
ed by Sinking Fund of North
Carolina,
Sundry persons, interest on Bonds of
the State of North Carolina, due
1st Monday in January, 1860,
Sundry persons, interest on Bonds of
Fayetteville and Western Plank-
road Company, due first Monday
in January, 1860,
Sundry persons, interest on Bonds
Raleigh & Gaston Railroad Com¬
pany, due 1st Monday in January,
1860,
James E. Morris, his salary to Jan.
1st, 1860, as keeper of public arms
in New-Berne,
Geo. T. Cooke, Postmaster at Ra¬
leigh, postage stamps for office of
Secretary State,
Moses A. Smith, Postmaster at Salis¬
bury, postage for 90 Supreme Court
Reports and 9 indexes sent to Clerks
and Judges,
James L. Battle, on account of tax
over paid by him for 1858 to the
Sheriff of Edgecombe county,
Sundry persons, for bonds of Raleigh
& Gaston Railroad Company, due
first Monday in January, 1860, and
guaranteed by the State of North
32
26
238
152
200
100
5,000
3,540
4,080
4,21706
2,475
9,555
75
50
Public fund—
disbursements.
11
5
34
80
224
1860. nOMPTROLLER's STATEMENT.
1860.
Publlo fund—
disbursements u all.
Carolina, by u an act for the relief
of the Raleigh and Gaston Rail¬
road Company," ratified 7th Jan
uary, 1839, ['59J $302,500
H. W. Guion, President of Wilming¬
ton, Charlotte and Rutherford Rail¬
road Company, 200 State coupon
bonds of $1,000 each, dated Jan.
1st, 1860, and running 30 years,
under an act of Legislature of
1858-9, ^ > |
W. H. Hamilton, for keeping Capitol,
grounds in order 6 months,
Waterhouse & Bowes, gas fixtures!
for Executive Mansion,
William Watson, articles for Execu¬
tive Mansion,
Charles Kuester, for articles furnished
and work done at Executive Man¬
sion,
F. I. Wilson, printing for Executive
and Treasury Departments,
James McKimmon, twine, &c., for
use of Capitol,
Charles Kuester, for work done in
Capitol,
Drury King, for payment of wages
of free boy, W. H. Dempsey, for
services at Capitol, from November
25th, 1859, to January 1st, 1860,
George T. Cooke, Postmaster in Ral¬
eigh, box in post-office, &c., for use
of State Librarian,
0. H. Perry, State Librarian, sub¬
scription to newspapers and peri¬
odicals for State Library,
Drury King, Superintendent of Cap¬
itol, his fourth quarter's salary for
1859,
W. S. Mason, for two State bonds of
$1,000 each,
G. & S. B. Hinton, for one State bond,
Bank of the Republic, New York, for
payment of interest on coupon
bonds of North Carolina, due 1st
day of Jan., 1860,
186(1.-' Comptroller's Statement.
225
Jank of the Republic, New York, for
payment of interest on coupon bonds
of Cape Fear and Deep River Nav¬
igation Companv, due 1st Monday
in Jan., 1860,
Adams Express Company, freight on
five packages from New York, to
Public Treasurer,
Telegraphic dispatches from New
York for Public Treasurer,
John W. Syme, for advertising in
Raleigh Register sales of North
Carolina bonds,
E. B. Freeman, for B. B. Lane, coal
for Supreme Court Office in Capitol,
and freight on same from New-
Berne,
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 690 State
bonds,
American Bank Note Company, N.
York, printing sundry coupon bonds
for the State of North Carolina,
H. D. Turner, stationery for State
offices in Capitol,
Sending Telegraphic dispatches from
N. Y., for Public Treasurer,
James R. Dodge, Clerk Supreme
Court at Morganton, as follows :
His half year's salary, ending Jan¬
uary, 1860,
For two Record Books, for said Court,
For transportation of same,
S. H. Young, Treasurer, under " an
act to enlarge and improve the
buildings of the Asylum of the
Deaf and Dumb and the Blind,"
passed by Legislature of 1858-59,
John A. Averett, a member of the
Executive Council, for expenses of
meeting of the Council held in Ral
eigh, Feb. 15th, 1860,
A. & VV. Myers, articles for ExecU
tive Mansion,
$ 3,870
5
3
Public fund—
disburaenteutih
50
63
27
56
69
300
90
15
55
25
12
150
20
75
220
210
20
50
23
226
1860. Comptroller's Statement.
1860.
Feb.
Marcus Erwin, Solicitor, for 1 certifi¬
cate from 7th circuit,
Will. A. Jenkins, Attorney General,
for attending Supreme Court in
Raleigh, December Term, 1859, in
discbarge of bis official duties,
Bank of Cape Fear, at Raleigb, inter¬
est on temporary loan,
Sundry persons, interest on State
bonds,
Geo. W. Haywood, interest on bonds
of Fayetteville and Western Plank
road Company,
Bank of tbe Republic, New York, for
payment of interest on coupon
bonds of Nortb Carolina,
Bank of tbe Republic, New York, for
payment of interest on coupon
bonds of Cape Fear and Deep Riv¬
er Navigation Company,
G. W. Haywood, interest on bonds of
Raleigb & Gaston Railroad Comp'y,
W.A.Blount, interest on bonds of Ra¬
leigb & Gaston Railroad Company,
Duncan G. McRae, expenses for repairs
on State Arsenal at Fayetteville,
James Carpenter, Trustee of Polk
county, on account of tax overpaid
by E. L. Allen, former sheriff of
said county,
Drury King, tor payment of wages of
free boy, W. H. Dempsey, for ser¬
vices at the Capitol, January, 1860,
0. H. Perry, sundry books for State
Library, from Johnson & Co., Phil¬
adelphia,
James S. Purefoy, for one State bond,
R. M. Saunders, for McCrady and
others, for 4 bonds of Raleigb and
Gaston Railroad Company,
G. W. Haywood, for 2 bonds of Raleigb
and Gaston Railroad Company,
W. A. Blount, for 1 bond of Raleigb
and Gaston Railroad Company,
J. M. Rose, Treasurer of Fayetteville
1860. Comptroller's Statement.
m
and Western Railroad Company,
on account of said Road,
H. A. London, Treasurer of Cape Fear
and Deep River Navigation Com¬
pany, on account of said Improve
ment,
Adams Express Company, freight on
package from New York to Raleigh
Parsons & Allen, for advertising sale
of North Carolina Bonds in New
York News, in December, 1859,
W. R. Miller, Superintendent of For¬
est Manufacturing Company, 214
reams book paper for the State,
G. H. Wilder, for 101f cords of wood
for Capitol, at $3 45 per cord,
J. W. Camp, for advertising payment
of bonds of Raleigh and Gaston
Railroad Company, in New York
Journal of Commerce,
E. Newlin, for subscription to New
York Journal of Commerce from
Feb. 28, 1860, to Feb. 28, 1861,
Graham Daves, private Secretary to
Gov. Ellis, for sealing 101 State
bonds,
Sampson County Agricultural Society,
State's quota for 1859,
W. II. Hamilton, water pipes, &c., for
drains on Capitol Square,
H. A. London, Treasurer of Cape Fear
and Deep River Navigation Compa¬
ny, on account of said Improve¬
ment,
Samuel L. Adams, for delivering Re¬
vised Code of N. C. in 18 counties,
John W. Ellis, Governor of North
Carolina, his 1st quarter's salary for
1860,
Graham Daves, private Secretary to
Gov. Ellis, his 1st quarter's salary
for 1860,
Williams & Haywood, articles furnish¬
ed Executive Mansion,
W. H. & R. S. Tucker, articles fur¬
nished Executive Mansion,
$100,000
8,916
1
29
1,607
. 350
2
9
10
50
293
12
5,97739
140
750
75
42
2567:
Public ftrod—
03
60
96
50
10
1860. Comptrollee's Statement.
1860.
Pnblio fund— Mar.
disbursement#.
Robert Strange, Solicitor, for 5 certifi¬
cates from 5th circuit,
E. B. Freeman, Clerk of Supreme
Court at Raleigh, as follows;
For his half year s salary, ending 31st
December, 1859,
For recording 2,368 pages at 30 cents
per page,
For 6 record books bought of J. J.
Chaplin,
James Litchford, Marshal to the Su¬
preme Court at Raleigh, December
Term, 1859, for 96 days attendance
on said Court, at $2 per day,
William H. Battle, Judge Supreme
Court, his 1st quarter's salary for
1860,
Will. A. Jenkins, Attorney General,
for 4 certificates from 3d circuit,
T. Ruffin, Jr., Solicitor, for 1 certifi¬
cate from 4th circuit,
Bank of Cape Fear at Raleigh, inter
est on temporary loans,
Eli Smallwood. interest on State bonds,
Isaac Winston, interest on State cou¬
pon bonds,
Bank of the Republic, New York, for
payment of interest on coupon bonds
Bank of the Republic, New York, lor
payment of interest on coupon bonds
of Cape Fear and Deep River Navi¬
gation Company,
Bank of N. C., for AY. E. Broadnax,
interest on bonds of Raleigh and
Gaston Railroad Company,
D. S. Reid, Ex'or of Thos. Settle, dec'd,
interest on bonds of Fayetteville &
Western Plankroad Company,
F. I. AYilson, for Tax List, Clerks' Ab¬
stracts, publishing Comptroller's
Report in N. C. Standard, and in
pamphlet form, &c.,
Lettie M. Bray, a pension for 1859,
Bank of N. C., premium for $85,000
check on New York,
1860. Comptroller's Statement.
1860.
Mar.
George T. Cooke, Postmaster in Ra¬
leigh, Postage Stamps for Execu¬
tive and Comptroller's Depart¬
ments,
' Bank of N. C., for Alexander Broad-
nax, for Bonds of Raleigh and Gas¬
ton Railroad Company,
T. J. Lemay, 27 volumes of Raleigh.
Star for State Library,
S. J. Hale & Son, Books for Supreme
Court Library,
0. H. Perry, State Librarian, his 1st
quarter's salary for 1860,
Drury King. Superintendent of Capi¬
tol, his 1st quarter's salary for 1860,
1. W. Courts, Public Treasurer, his
1st quarter's salary for 1860,
W. R. Richardson, Clerk of Treasury
Department, his 1st quarter's salary
for 1860,
'Drury King, for payment of wages of
free boy, W. H. Dempsey, for ser¬
vices at Capitol from Feb. 1st, to
March 1st, 1860,
J. J. Chaplin, 1 day book for Treasu¬
ry Department,
Graham Daves, private Secretary to
Gov. Ellis, for furnishihg Commis¬
sioners authorized to investigate
the financial affairs of Atlantic &
N. C, Railroad Company, with a
certified copy of the mortgage exe¬
cuted by said Company to the State,
W. H. & R. S. Tucker, articles fur¬
nished the State,
Adams Express Company, freight on
box from Washington City, and 2
packages from New York to Ra¬
leigh,
American Bank Note Company, New
York, printing sundry Coupon
Bonds for North Carolina,
Graham Daves, private Secretary to
Gov. Ellis, for sealing 111 State
Bonds,
22
FnbHo fond—
dkbwMflMlt*.
5,000
123
95
65
112 50
65
500
18750
15
2812
3 50
3084
325
135
1110
m I860. Comptroller's Statement.
1860.
piMfo fluid— Mar.
diammmoata.
April.
Drury King, for payment of wages of
free boy W. H. Dempsey, for ser¬
vices at Capitol from March 1st, to
April 1st, 1860,
Parsons & Allen, for advertising State
loan in "New York News,
Sundry telegraphic dispatches from
Raleigh to New York,
S. H. Young, Treasurer N. C. Institu¬
tion for the Deaf and Dumb and the
Blind, as part of appropriation to
enlarge the buildings of said Insti¬
tution, under act of Legislature 1858
-'59,
DeCarteret <fc Armstrong, for binding
114 vols. Jones' Supreme Court Re¬
ports, &c.,
H. A. London, Treasurer of Cape Fear
& Deep River Navigation Company,
on occount of said improvement,
Ebenezer Emmons, Jr., Assistant Ge¬
ologist, his 1st quarter's salarv for
1860,
Mat. B. Conklin, Assistant Geologist,
his salary for year ending April,
1860,
R. M. Pearson, Chief Justice Supreme
Court, his 1st quarter's salarv for
1860,
M. E. Manly, Judge Supreme Court,
his 1st quarter's salary for 1860,
Robert Strange, Solicitor, for 5 certifi¬
cates from 5th Circuit,
R.M. Saunders, Judge Superior Courts,
for 1 certificate from 3d circuit,
W. E. Anderson, Treasurer Insane
Asylum, N. C., on account of said
Asylum,
Bank of North Carolina, interest on
temporary loans,
Bank of North Carolina, interest on
temporary loans,
Geo. T. Cooke, Postmaster in Raleigh,
for postage stamps, and rent of box¬
es in Post Office, &e., to April 1st,
1860, to State offices in Capitol,
15
16
80
1234
1,600
13165
3,20074
375
600
625
625
100
75
5,000
8752
120
30f26
1860,
-COMPTBOLLEK'S STATEMENT.
231
W. W. YasSj for one bond of Raleigh
and Gaston Railroad Company,
Bank of North Carolina, temporary
loan,
R. H. Page, Secretary of State, his
first quarter's salary for 1860,
0. H. Perry, State Librarian, payment
for complete set of DeBow's Re¬
view, and freight on same,
Adams Express Company, freight on
two packages from New York to
Public Treasurer, Raleigh,
American Bank Note Company, New
York,, for printing sundry coupon
bonds of the State of North Caro¬
lina,
Graham Daves, private Secretary to
Governor Ellis, for sealing 220 State
bonds,
One telegraphic dispatch from Ral¬
eigh to New York for Public Treas¬
urer,
Bank of the Republic, New York,
payment of interest on coupon bonds
of North Carolina,
M. Bawcomb, interest on State coupon
bonds,
S. H. Young, Treasurer of Asylum
for Deaf and Dumb and the Blind,
part of appropriation by Legisla¬
ture of 1858-'59 for enlargement ot
buildings in said Institution,
Board of Internal Improvements, ex
penses of meeting of said Board in
Raleigh, May 12th, 1860,
C. H. Brogden, Comptroller, his 2nd
and 4th quarter's salary for 1859
and 1st quarter's salary for 1860,
Henry A. London, Treasurer of Cape
Fear and Deep River Navigation
Company, on account of said Im¬
provement,
Ebenezer Emmons, State Geologist,
his 1st quarter's salary, Ac., for 1860,
Henry Mahler, for plating two dozen
forks for Executive Mansion,
1,000
75,000
200
52
2
175
22
Public fund—
disbarstttteuts.
73,560
60
2,069
41
750
2,572
659
8
50
95
82
64
1860. Comptroller's Statement.
1860.
May.
PuMio'fnnci—
B. F. Benton, for work done at Ex¬
ecutive Mansion,
R. M.Saunders, Judge Superior Courts,
for 9 certificates from 3rd circuit,
H. C. Jones, Reporter to the Supreme
Court, his 1st half year's salary for
1860,
William A. Jenkins, Attorney Gen¬
eral, for 6 certificates from 3d cir¬
cuit, Spring, 1860,
John M. Dick, Judge Superior Courts,
for 10 certificates from 1st circuit,
Spring, 1860,
Jesse G. Shepherd, Judge Superior
Courts, for 14 certificates from 5th
circuit, Spring, 1860, 1
Robert Strange, Solicitor, for 4 cer
tificates from 5 th circuit,
Marcus Erwin. Solicitor, for 2 cer¬
tificates from 7th circuit,
J.W.Osborne, Judge Superior Courts,
for 12 certificates from 6th circuit,
Thomas Settle, Solicitor, for 12 cer¬
tificates from 4th circuit,
Paid into Sinking Fund of N. C., in¬
terest on State coupon bonds, owned
by said Fund,
Bank of the Republic, New York, in
terest on State coupon bonds,
J. C. Newland, Treasurer McDowell
and Yancey Turnpike Company
on account of said Road,
Geo. T, Cooke, Postmaster in Raleigh
for rent of box in Postoffice for Pub¬
lic Treasurer, and postage on New
York Journal of Commerce for
quarter ending July 1, 1860,
W. L. Pomeroy, for books, &c., fur¬
nished State Library and Supreme
Court,
J. J. Chaplin, binding done for State
Library,
R. F. Simonton, Treasurer of Western
N. C. Railroad Company, 100 State
coupon bonds, of $1000 each, dated
48
900
1860.——Comptroller's Statement.
233
1st April, 1860, and running 30
years, issued on account of said
road,
Accrued interest to May 19th, 1860,
R. C. Pearson, President Western N.
C. Railroad, expenses for the sur¬
vey and location of said road,
W. H. Dempsey, for services at Cap¬
itol, from 1st April to 1st May,
1860,
G. W. Alley, operator Magnetic Tel¬
egraph, in Raleigh, one dispatch to
New York, for Public Treasurer,
Charles H. Ehuman, Agent in Ral¬
eigh, for Adams Express Company,
freight on hoxes from New York,
W. L. Pomeroy, for stationery fur¬
nished the State,
Henry Mahler, for seals and presses,
&c., for Franklin and Nash coun¬
ties,
W. L. Pomeroy; for seals and fixtures
for Sampson county Court, and for
the Court of Equity in Franklin
county,
W. H. Dempsey, for services at Cap¬
itol, from 1st May to 1st June, 1860,
W. H. Hamilton, for keeping Capitol
Square in order 6 months, ending
June 30, 1860,
H. A. London, Treasurer of Cape
Fear and Deep River Navigation
Company, expenses on account of
said improvement, for May, 1860,
John W. Ellis, Governor of North
Carolina, his second quarter's sal¬
ary for 1860,
Graham Daves, private Secretary to
Gov. Ellis, his second quarter's sal¬
ary, for 1860,
W. H. Smith, Sheriff of Person county
for services and expenses as mes¬
senger to Governor of Virginia to
demand Spencer and Frand Ford,
,000
800
4,000
15
Public fund—
disbursement.
95
2
167
52
21
15
150
2,138
150
15
41
25
20
234:
I860.- Comptroller's Statement.
Publlo fund—
disbursements,
1860.
June.
fugitives from justice in said coun¬
ty'.
William Lander, Solicitor, for 15 cer¬
tificates from 6th circuit,
Marcus Erwin, Solicitor, for nine cer¬
tificates from 7th circuit,
J. W. Osborne, Judge Superior Courts,
for three certificates from 6th circuit,
J. L. Bailey, Judge Superior Courts,
for 6 certificates from 6th circuit,
Spring, 1859, and 11 certificates,
from 4th circuit, Spring, 1860,
E. C. Hines, Solicitor, for 10 eertifi
cates from 1st circuit,
Geo. Howard, Judge Superior Courts,
for 11 certificates from 2nd circuit,
J. J. Bruner, for printing and cover¬
ing No. 1, vol. 7, Jones' Law, and
No. 1, vol. 5, J ones'Equity Reports,
W. J. Houston, Solicitor, for 10 certifi¬
cates from 2nd circuit,
Bank of North Carolina, interest on
temporary loan,
Bank of the Republic, New York, for
interest on State coupon bonds,
John W. Syme for advertising sales
of North Carolina bonds in Raleigh
Register,
Bank of North Carolina, premium for
$112,000 check on New York,
Geo. T. Cooke, Postmaster, Raleigh
postage stamps for State offices in
Capitol,
Moses A. Smith, Postmaster in Salis¬
bury, postage on Supreme Court Re¬
ports, sent to Clerks and Judges,
O. II. Perry, State Librarian, his 2nc
quarter's salary for 1860,
Bank of North Carolina, temporary
loan,
R. H. Page, Secretary of State, his
2nd quarter's salary for 1860,
D. W. Courts, Public Treasurer, his
2nd quarter's salary for I860,
Adams Express, freight on packages
from New York to Public Treasurer,
250
1860. Comptroller's Statement.
235
Graham Daves, private Secretary to
Governor Ellis, for sealing 696 State
Bonds,
American Bank Note Company, New
York, for printing coupon bonds of
North Carolina,
Sundry telegraphic dispatches from
Raleigh to New York for Public
Treasurer,
Edward Newlin, for advertising pro¬
posals for North Carolina bonds, in
New York Journal of Commerce,
R. C. Cotton, his salary from June
30th, 1859, to Eeb. 4th, 1860, as
Adjutant General of North Carolina,
C. H. Brogden, Comptroller, his 2nd
quarter's salary for 1860,
Henry A. London, Treasurer of Cape
Fear and Deep River Navigation
Company, sundry Bills allowed for
June, 1860, by Board of Managers
of said works,
John A. Avirett, expenses of Council
of State, meeting: in Raleigh, July
20th, 1860,
W. J. Yates, for publishing in West¬
ern Democrat, proclamation of Gov.
Ellis, for arrest of Tolliver Smith, a
fugitive from justice in Mecklenburg
county,
R. M. Pearson, Chief Justice Supreme
Court, his 2nd quarter's salary for
1860,
M. E. Manly, Judge Supreme Court.
his 2nd quarter's salary for 1860,
W. H. Battle, Judge Supreme Court,
his 2nd quarter's salary for 1860,
R. R. Heath, Judge Superior Courts,
for 7 certificates from 7th circuit,
J. W. Osborne, Judge Superior Courts,
for 1 certificate (special term) from
Davidson county, !j
Wm. A. Jenkins, Attorney General,forj
attending Supreme Court in Raleigh,'
June Term, 1860, in discharge of
his official duties,' I
Publie ftrnd—
disbursements.)
69
3575
16
266
250
60
0
40
50
66
3,4973
180
0
10
625
625
625
595
90.
1001
236
1860. Comptroller's Statement.
1860.
July.
E. B. Freeman, Clerk Supreme Court
in Raleigh, as follows:
His half year's salary ending June 30th
1860,
For recording 2,403 pages at 30 cents
per page,
For 6 Record books, bought of J. J.
Chaplin,
For 36 Dockets, bought of J. B. Ege,
James Litchford, Marshal to Supreme
Court in Raleigh, for 45 days ser¬
vice, June Term, 1860,
W. E. Anderson, Treasurer Insane
Asylum of North Carolina, on ac¬
count of said Asylum,
Bank of Cape Fear at Raleigh, interest
on temporary loans,
Bank of the Republic, New York, for
interest on coupon bonds of North
Carolina,
Sinking Fund of North Carolina, inter¬
est on State coupon bonds held by
said Fund,
Sundry persons, interest on bonds of
the State of N. C., due 1st Monday
in July, 1860,
Sundry persons, interest on bonds of
Fayetteville & "Western Plankroad
Company, due 1st Monday in July,
1860,
C. Dewey, interest on bonds of Ral¬
eigh & Gaston Railroad Company,
due 1st Monday in July, 1860,
Bank of the Republic, New York, for
interest on coupon bonds of Cape
Fear and Deep River Navigation
Company,
John W. Syme, for publishing Comp¬
troller''s Report for 1859, in Raleigh
Register,
Holden & Wilson, printing for the
several Departments in Capitol,
Martha Spears, a pension for 1860,
Martha Gardner, u u "
John W. Leak, premium for exchange
on New York,
1860. Comptroller's Statement.
237:
1860.
July.
Bank of N. Carolina, temporary loan, $ 25,000
Bank of Cape Fear at Raleigh, tem¬
porary loan, 16,000
Jonas Cline, for settling State taxes
due from Catawba County for 1859, 2632.
Drury King, Superintendent of Capi¬
tol, his 2d quarter's salary for 1860, 65
James F. Taylor, for 1 State Bond of
$500, dated 2d day of April 1849,
and running ten years, 500
W. R. Richardson, Clerk of Treasury
Department, his 2nd quarter's sala¬
ry for 1860, 187 50
H. W. Guion, President Wilming¬
ton, Charlotte and Rutherford Rail¬
road Company, 200 State Coupon
Bonds of $1000 each, dated July
1st, 1860, and running thirty years,
issued on account of said road. 200,000
W- H. Dempsey, for services about
Capitol, June and July, 1860, 30
Adams Express Co., freight on _
packages from N. York to Raleigh. 2 50
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 288 State
Bonds, 28 80
Sundry Telegraphic dispatches to
New York, for Public Treasurer, 5;60
Wayne County Agricultural Society,
State's quota for 1860, I 50
S. H. Young, Treasurer N. (5. Institu-j
tion for the Deaf and Dumb and|
the Blind, part of appropriation by
Legislature of 1858-59, to enlarge
and improve the buildings of said!
Asylum, | 1,000
N. M. Long, member of Board of In¬
ternal Improvements, and Grahamj
Daves, Secretary, for meeting of
said Board in Raleigh, Aug. 7,1860, 15
H. A. London, Treasurer of Cape
Fear and. Deep River Navigation
Company, part expenses for July,
1860,on account of said Improve-.
ment, 1) 1,987
Public fund—
disbursements;
82
238
1860. Comptroller's Statement.
1860.
Aug.
Public fund—
disbursements.
E. Morris, Cliief Engineer of above
Improvement, 2nd quarter's salary
for 1860,
F. I. Wilson, for printing 6000 copies
of the Report of Ebenezer Emmons,
State Geologist,
The following Sheriffs for making re¬
turns of election held for Governor,
in Aug. 1860:
J. L. Bundy, Sh'ff Cabarrus County,
J. W. Steed, " Randolph
Joseph Lusk, " Gaston
P. F. Pescud, articles for Executive
| Mansion,
William A. Jenkins, Attorney Gen¬
eral, for attending Supreme Court
at Morganton, August term, 1860
in discharge of his official du¬
ties,
J. R. Dodge, Clerk of Supreme Court
at Morganton, his half year's sala
rv, ending Aug., 1860,
For recording 1242 pages at 30
cents,
Bank of Cape Fear at Raleigh, inter¬
est on temporary loans,
Bank of the Republic, New York, for
interest on Coupon Bonds of North
Carolina,
B. S. Harrison, interest on State Cou¬
pon Bondi#,
R. N. & D. C. Herndon, interest on
State Registered Bond,
C. H. Lawson, interest on State Reg¬
istered Bonds,
Bank of the Republic, New York, for
interest on Coupon Bonds of Cape
Fear and Deep River Navigation
Company,
Sundry persons, interest on Bonds
of Fayetteville and Western Plank-
road Company,
R. C. Pearson, President of Western
North-Carolina Railroad Company,
50 State Coupon Bonds of
1,000
62995
10
10
15
990
100
150
372
180
10,323
42
39
105
16
375
345
1860. Comptroller's Statement.
239
each, dated July 1, 1860, and run
ning 30 years, issued on account of
said road,
Accrued interest to Aug. 10th, 1860,
J. G. Williams & Co., premium for
check on New York,
Geo. T. Cooke, Postmaster in Ealeigh,
postage stamps for Secretary of
State,
The following Sheriffs for settling
State taxes in August, 1860 :
J. L. Bundy, Sheriff of Cabarrus co.,
T. W. Steed, " Randolph<c
Joseph Lusk, " Gaslon "
The above named Sheriffs, on account
of Senatorial Election in August,
1860,
R. N. & D. C. Herndon, for one State
bond, due Aug. 25th, 1860,
Graham Daves, Private Secretary to
Gov. Ellis, for sealing 29 State
bonds,
Adams Express, freight on 3 pack¬
ages from New York to Raleigh,
J. W. Syme, lor advertising North
Carolina bonds, in Raleigh Register,
Gates county Agricultural Society,
State's quota for 1860,
S. H. Young, Treasurer North Caro¬
lina Institution for the Deaf and
Dumb and the Blind, balance of
appropriation by Legislature of
1858-9, to enlarge and improve
the buildings of said Asylum,
EE. A. London, Treasurer of Cape
Fear and Deep River Navigation
Company, expenses for August,
1860, on account of said Improve¬
ment,
John Spelman, for publishing in Salis
bury Banner, the proclamation of
Gov. Ellis, for arrest of Nicholas,
a fugitive from justice from Wilkes
county,
J. L. Ward, Sheriff of Polk county,
50,000
333
Public fund—1
disbursement.
33
2250
30
23
19
29
15
1,000
52
10
50
1,911
2,249
90
50
50
50
240
I860. Comptroller's Statement.
1860.
Public fond— Rp-nf
di»bnrsements
for arrest of Tolliver Smith, a fu¬
gitive from justice, under proclama¬
tion of Gov. Ellis,
Ebenezer Emmons, State Geologist,
his 2d and 3rd quarter's salarv for
1860,
Ebenezer Emmons, Jr., Assistant
State Geologist, his second quar¬
ter's salary for 1860,
J. J. Chaplin, for binding Emmons'
Report,
Sundry Sheriffs, for making returns
of the election for Governor, in
August, 1860,
Briggs & Dodd, for repairing fence at
Executive Mansion,
John W. Ellis, Governor of North
Curolina, his 3rd quarter's salary
for 1860,
Graham Daves, Private Secretary to
Gov. Ellis, his 3rd quarter's salary
for 1860,
Thomas Settle, Solicitor, for one cer
tificate from 4th circuit,
Robert Strange, Solicitor, for 5 cer¬
tificates from 5th circuit,
J.W.Osborne, Judge Superior Courts,
lor two certificates from 7th circuit,
Joseph Britain, Sheriff of Burke coun¬
ty, for 16 days services as Marshal
to Supreme Court at Morganton,
August Term, 1860,
Marcus Erwin, Solicitor, for four cer¬
tificates from 7th circuit,
R. R. Heath, Judge Superior Courts,
for eight certificates from 7th cir¬
cuit,
R. M. Pearson, Chief Justice Supreme
Court, his 3rd quarter's salary for
1860,
Bank of Cape Fear, at Raleigh, in¬
terest on sundry temporary loans
to meet liabilities of the State,
Bank of the Republic, New York, for
interest on coupon bonds of North
Carolina,
1860. Comptroller's Statement.
241
Sundry persons,, interest on State
coupon bonds,
Fayetteville and Western Railroad
Company, interest on State coupon
bonds,
Sundry persons, interest on State reg¬
istered bonds,
Transferred to Literary Fund in pay
ment of interest on bonds issued by
the State of North Carolina, on ac¬
count of Fayetteville & Western
Plankroad, and held by Literary
Fund,
Bank of the Republic, New York, for
interest on coupon bonds of Cape
Fear and Deep River Navigation
Company,
Fayetteville and Western Railroad
Company, interest on coupon bonds
of Cape Fear and Deep River Nav¬
igation Company,
Sundry persons, premium for checks
on New York to pay interest on N.
C. bonds,
D. G. McRae, his salary as keeper of
State Arsenal at Fayetteville, for
year ending Oct. lstr 1860,
Postage expenses of said Arsenal,
Transferred to Literary Fund inpay¬
ment for bonds of Raleigh & Gas¬
ton Railroad Company, held by
Literary Fund,
Briggs & Dodd, iron railings for por¬
ticos of Capitol, and putting up
same,
Briggs & Dodd, freight on pipes for
water closets in Capitol,
0. H. Perry, State Librarian, for
books purchased by him for State
Library,
For expenses of Librarian to N. York,
0. H. Perry, his 3rd quarter's salary
for I860,.
Other expenses on account of State
Library,
24
180
1,170
10,620
Public fund-
disbursements.
60
1,080
4,905
1,845
1,001
60
45
140,000
32655
24
1,230
100
112
43
13
50
2497
242
1860. Comptroller's Statement.
1860.
Sept.
Bank of Cape Fear, at Raleigh, and
Bank of North Carolina, sundry
temporary loans to meet liabilities
of the State,
Sundry Sheriffs, for settling State
taxes in Sept., 1860, as follows :
L. H. Lawrence Sh'ff Lincoln Co.,
W. F. Wasson,
W. H. Cullom,
James Roberts,
A. B. Long,
J. M. Neal,
William Flynt,
J. H. Nethercutt,
P. F. White,
Wm. II ay more,
Tully Davenport,
G. B. Threadgill,
Joseph Marshall,
John Martin,
William Green,
J. C. Smith,
R. G. Tuttle,
Christian Strader,
E. D. Hampton,
T. J. Carr,
E. C. Grier,
G. M. Green,
M. H. Eure,
Goodman Durden,
Reuben King,
J. H. Allen,
C. A. Boon,
Joseph Brittain,
Hiram Hunter,
W. H. Smith,
N. W. Cooper,
R. B. Paschal,
W. A. Walton,
S. A. Warren,
Sidney Deal,
A. H. Sanders,
Charles Byrd,
R. M. Jones,
W. D. Humphrey,
Iredell
Johnston
Rockingham
Rutherford
Mcl fowell
Forsyth
Jones
Chowan
Surry
Tyrrel
Anson
Stanly
Stokes
Haywood
Alexander
Caldwell
Caswell
Davidson
Duplin
Mecklenb'rg
Cleaveland
Gates
Washington
Robeson
Brunswick
Guilford
Burke
Madison
Person
Nash
Chatham
Rowan
Northampt'n
Watauga
Montgomery
Yancey
Orange
Onslow
$251,000
I860.. Comptroller's Statement.
243
I860.
.Sept.
J. B. Lee,
C. Austin,
J. R. Grady,
W. W. Long,
W. E. Mann,
W. R. Young,
J. A. Reeves,
B. Fitzrandolph, 1
J. L. Ward,
J. A. Vann, '
J. J. Bennett, £
A. W. Bell,
J. M. Milliard, £
Isaac Arledge, £
J. T. Barnes, '
Hilliard Gibbs, 4
W. B. Campbell,£l
W. II. High, £l
Wm. Patterson, "
William Fields, ££
Hector McHeill, ££
R. R. Tayloe, ££
G. W. Crumpler,££
K. H. Worthy, "
Esly Staly, "
E. 3d. Hall, ££
LewisW illiamson'£
Josiali Hodges, "
J. F. Jenkins, ££
Wash. Harris, ££
A. C. Latham, ££
Geo. Dill, "
J. R. White, ££
Jesse Bledsoe, ££
J. IL. Gooch, ££
N. R. Jones, "
E. D. Davis, ££
J. S. Snow, ££
W. A. Thompson,££
Sheriff Currituck
" Union
" Harnett
££ Yradkin
" Pasquotank
" Buncombe
" Ashe
Bladen
Polk
Hertford
Richmond
Camden
Davie
Henderson
Wilson
Hyde
Beaufort
Wake
Alamance
Lenoir
Cumberland
Bertie
Sampson
Moore
Wilkes
Hew Hanover
Columbus
Pitt
co.
Edgecombe
Franklin
Craven
Carteret
Perquimans
Alleghany
Granville
Warren
J ackson
Halifax
Wayne
32
Sundry Sheriffs for making returns of
the Senatorial elections in Aug., 1860
D. W. Courts, Public Treasurer, his
3rd quarter's salary for 1860,
W. R. Richardson, Clerk of Treasury
Department, his 3rd quarter's salary
for 1860,
32
2953
6
23
31
43
29
27
43
23
16
34
23
43
12
36
19
3
11
13
11
28
11
11
29
20
28
21
16
VQ Publle fond—
disbursements,
27
66
66
33
32
27
86
33
66
33
67
03
87
47
66
60
713
19
25
3380
29
9
11
66
13
4567
16
6
289
500
18750
32
33
34
SE?
2te
I860. Comptroller's Statement.
1860.
Public fond— Sept.
disbursements.
Staking fund-
receipts.
Dancy, Hyman & Co., New York,
candles for rise of the State,
W. H. Dempsey, for services about
Capitol, August, 1860,
Drury King, for expenses about capitol
Adams Express, freight on package
from New York to Raleigh,
Yernon Brothers, New York, station¬
ery for use of the State,
Telegraphic dispatches from Raleigh
to New York, for Public Treasurer
$12,676,923 66
SINKING FUND.—(Receipts)
Statement E.
Exhibiting the sources from which the Receipts of the Sink¬
ing Fund have been derived.
Interest on State Coupon Bonds held
by Sinking Fund,
Railroad dividends, appropriated to
Sinking Fund,
Detailed as follows:
1859.
Oct.
Nov.
Dec.
1860.
Jan.
April,
klay.
Deceived as interest on State Coupon
bonds, held by Sinking Fund,
Received from the Public Fund, as
surplus revenue from said Fund,
Deceived from North Carolina Rail¬
road Company, as dividend on stock
in said Road,
Received from Raleigh and Gaston
Railroad Company as dividend on
stock in said Road,
Received as interest on State Coupon
Bonds held by Sinking Fund,
Received from North Carolina Rail¬
road Company, as dividend on stocl
in said Road,
Received as interest on State Coupon
Bonds held by Sinking Fund,
$ 2,850
100,000
18 GO. Comptroller's Statement.
245
1860.
July.
Sept.
Received from Raleigh and Gaston
Railroad Company, as dividend on
stock in said Road,
Received as interest on State Coupon
bonds held by Sinking Fund,
Received from North Carolina Rail¬
road Company, as dividend on stock
in said Road,
SinMngTftmd—
receipt*.
SINKING FUND.—(Disbursements.)
Statement F.
Showing the Disbursements of the Sinking Fund.
Detailed as follows:
Sinking •
disbursement
1859.
Oct.
1860.
Jan.
May.
Sept.
Paid for 206 State Coupon Bonds of
$500 each, dated 'July 1st, 1859, and
running 30 years,
Transferred to Public Fund in pay
ment for 117 State Coupon Bonds
of $500 each, dated October 1st,
1859, and running 30 years,
Transferred to Public Fund, in pay¬
ment for 70 State Coupon Bonds of
$500 each, dated January 1st, 1860,
and running 30 years,
Transferred to Public Fund, in pay¬
ment for State Coupon Bonds, da¬
ted January 1st, I860, and funning
30 years,
Transferred to Public Fund, in pay¬
ment for 30 State Coupon Bonds of
$1,000 each, dated July 1st, I860,
and running 80 years,
Transferred to Public Fund, in pay
ment for 60 State Coupon Bonds of
$1,000 each, dated July 1st, I860,
and running 30 years,
$ 103,000
73,500
35,000
25,600
30,000
60,000
$ 327,100
INDICES
TO
PUBLIC LAWS:
Session, 1860«'61,
AND
FIRST EXTRA. SESSION",
1861.
INDEX
TO
PUBLIC LAWS.
. 1860-61.
PAGE.
AGRICULTURE—
An act to amend Revised Code, chapter two, entitled
"Agriculture and Geology,"... 8
ASYLUMS—
An act to complete the buildings of the North Caro¬
lina Institution for the Deaf and Dumb and the
Blind, and other purposes, 8
An act concerning the Insane Asylum of North
Carolina, 5
BANKS—
An act for the relief of the banks and the people,... 7
An act to repay the banks moneys improperly col¬
lected from them, 7
COUNTIES—
An act to lay off and establish a new county by the
name of Clay, 8
An act supplemental to an act passed at the present
session of the Legislature entitled " an act to es¬
tablish the county of Clay, 9
An act to lay off and establish a new county by the
name of Mitchell, 14
An act supplemental to an act passed at the present
session of the General Assembly, entitled " an act
to lay off and establish a new county by the name
of Mitchell," 15
An act to lay off and establish Transylvania county, 19
An act supplemental to an act passed at the pres¬
ent session of the General Assembly, laying off
and establishing the county of Transylvania, 19
It
INDEX TO PUBLIC LAWS.
PAGE..
Seas. 1860-'61. COURTS—
An act to repeal an act passed at the session of 1858-
'59, entitled "an act granting to the Superior
Court of Burke county original and exclusive ju¬
risdiction of all criminal causes and State prosecu¬
tions where the intervention of a jury may he
necessary," 24
An act concerning courts of oyer and terminer, 24"
An act to abolish jury trials in the court of pleas and
quarter sessions of Polk county, 25'
An act to compel the reading of the minutes of the
preceding day every morning during the sittings
of the superior and inferior courts, * 26'
An act to abolish jury trials in the court of pleas and
quarter sessions of Watauga county, «... 26'
CONVENTION—
An act concerning a convention of the people, 27"
CORONERS' BONDS—
An act to require the registration of coroner's bonds, 31
EDUCATION—
An act concerning common schools in North Caro¬
lina, 01
An act to incorporate the State educational associa¬
tion of North Carolina, 35+
IDIOTS AND LUNATICS—
An act concerning insane persons, 38
An act to amend section 1st, chapter 57th, of Re¬
vised Code, entitled " idiots and lunatics," 38
INCENDIARY LANGUAGE—
An act to amend the 16th and 17th sections of 34th
chapter Revised Code, 39
MILITIA—
An act to amend the seventieth chapter of the Re¬
vised Code, "Militia," 46
An act to create the artillery corps of North Carolina, 51
An act to incorporate the Piney Woods Cavalry and
Wake Light Dragoons, also other companies,..— 52"
An act to provide for the purchase of arms and mu¬
nitions of war, 55
PARTNERSHIP—
An act to provide for limited partnership, 54
INDEX TO PUBLIC LAWS. mi
PAGE*
PILOTAGE— Seas. 1860-'61.
An act to amend the 4th section of an act entitled
4' an act for the better regulation of pilotage on
the Cape Fear river and bars," ratified the 7th
day of February, 1859, 59
RAPE—
An act to declare what shall be sufficient to consti¬
tute the crimes of rape, carnally knowing and
abusing a female child under the age of ten years,
and buggery, 61
REGISTRATION—
An act to extend the time for registering grants,
deeds and other conveyances, 61
REVENUE—
An act to amend "an act entitled revenue," ratified
16th day of February, 1859, 62
SINKING FUND—
An act further to amend 4' an act to create a sinking
fund," 67
SLAVES AND FREE NEGROES—
An act to amend chapter 107, section 66, of the Re¬
vised Code, relating to free negroes having arms, 68
An act to- change the rules of evidence in indict¬
ments for trading with slaves, 68
An act to prevent free negroes from hiring or having
the control of slaves, 69
An act to prohibit the emancipation of slaves by will, 69
MISCELLANEOUS—
An act to prevent damages by camp fires, 70
An act to diminish costs on equity sales for partition, 70
An act to amend and extend the provisions of the 6th
section of the 48th chapter of the Revised Code,
entitled 44 fences," 71
An act to amend an act passed at the session of 1856—
'57, entitled 44 an act to provide for the payment
of tales jurors," 71
An act providing for heating and lighting the Capitol, 72
An act to amend an act entitled 44 an act for the re¬
lief of such persons as may suffer from the destruc¬
tion of the records of Pitt county, occasioned by
the burning of the Court House," passed at the
iv
index to public laws.
page.
session of 1858-9, to extend the time of relief
under the act from three years to six years, 72
An act to amend the 11th section, 52nd chapter, of
the Revised Code, 72
An act to amend an act passed at the present session
of the General Assembly, entitled " an act to ap¬
point a tax collector for Wayne and other coun¬
ties," 73
An act to appoint a tax collector for the counties of
Wayne, Haywood, Burke, Pasquotank, Mecklen¬
burg, Iredell, Davidson, Anson, Union, Johnston,
Madison, Macon, Buncombe, Caldwell, Orange,
Cherokee, Henderson, Pitt, Chatham, Bertie and
Surry, 73
An act to extend the time of perfecting titles to land
heretofore entered, 74
An act to amend section 2nd, chapter 118, of the
Revised Code, entitled "widows," 75
An act to amend the 1st section of the 120th chap¬
ter of the Revised Code, entitled " wrecks," 75
An act to amend section 5th, chapter 81, Revised
Code, entitled " oysters and other fish," 76
An act to amend the 9th section of the 93d chapter
of Revised Code, public printing, 76
RESOLUTIONS—
Concerning arms 77
Concerning the appointment of additional engrossing
clerks, 77
Concerning the appointment of commissioners to
Washington City and to Alabama, 78
To defray the expenses of the commissioner from
Georgia, 78
To authorize the Governor to offer one thousand dol¬
lars reward for an escaped criminal, 79
Concerning publication of call for convention of the
State 79
Concerning geological reports, 79
To amend a resolution in favor of certain entries of
Cherokee lands, passed at the last General Assem¬
bly, 80
Concerning library, 80
Providing for the publication of certain colonial re¬
cords and legislative proceedings, 80
INDEX
TO
PUBLIC LAW'S:
FIRST EXTRA SESSION, 1861.
PAGE.
MILITARY—
Ai\ act to provide for the manufacture of arms and
other munitions of war, 85
An act to create a military board, 86
An act to provide for the public defense, 87
An act to provide ways and means for public defense, 91
An act to provide for the organization of the depart¬
ments of the military service and for other pur¬
poses, 94
An act to raise ten thousand State troops, 95
An act to provide for the time when volunteers shall
receive pay for their services, 98
An act to establish telegraphic lines in this State,... 99
MISCELLANEOUS—
An act to authorize and require the Governor of
North Carolina to call a convention of the people
of this State, 100
An act authorizing volunteers to vote for delegates
to the Convention, and supplemental to a act [bill]
passed at the present session of the General As¬
sembly, entitled a act [bill] to authorize and re¬
quire the Governor of North Carolina to call a
convention of the people of this State, 101
An act to make valid certain irregular proceedings of
the county courts of this State, and for other pur¬
poses, 102
An act to repeal restrictions upon fishing, 103
An act to njieal 5th section of the 76th chapter of
the Reuse I Cj lo, entitled " oaths/' 103
VI
INDEX TO PUBLIC LAWS.
Extra Sess. *61 PAGE.
An act for patrol, 108
An act to authorize the county courts and corporate
towns and cities to lay taxes for police purposes,.. 104
An act to provide against the sacrifice of property,
and to suspend proceedings in certain cases, 105
An act concerning taxes, 107
An act to define and punish treason against the State
of North Carolina, and other offences against the
sovereignty of the State, 107
RESOLUTIONS—
Authorizing the Governor to erect batteries or other
fortifications, and to purchase, or charter and equip
such steamers or other vessels as may be necessary
for the defense of the sea coast of this State, 109
Concerning post offices and post roads, 109
Authorizing and requesting the Governor to com¬
mission such officers of North Carolina as have re¬
signed or may hereafter resign their commission
in the army and navy of the United States, 110
Authorizing the Governor of the State to provide for
the provisioning of troops while they are passing
through this State, 110
Authorizing the Governor to appoint a commission, 111
Of thanks to His Excellency the Governor of the
State, Ill
On federal relations, Ill
Joint resolution concerning the equipment and pro¬
visioning of volunteers, 112
Joint resolution concerning the equipment and pro¬
visioning of volunteers, 112
To authorize settlement with agent of Cherokee lands, 113
COMPTROLLER'S STATEMENT for 1859 115
COMPTROLLER'S STATEMENT for 1860 189
INDEX
to
PRIVATE LAWS.
1860-61.
ACADEMIES— page.
An act to incorporate Bellevue Academy, in the county of Beau- Sesa. 1SG0-61.
fort, 3
An act for the protection of the Haywood Male and Female
Academies, 4
An act to incorporate the Hillsboro' Military Academy, 5
An act to incorporate the Jefferson Academy, in the county of
Ashe, 5
An act to incorporate Oak Hill Military Academy, in the county
of Granville, 6
An act to amend an act passed by the General Assembly of North
Carolina, at its session of 1848-9, to incorporate Perquimans
Male and Female Academy, 7
An act to incorporate the Trustees of Tally Ho Female Academy
in the county of Granville, 8
An act to incorporate the Richland Institute, in the county of
Haywood, 9
AGRICULTURE—
An act to incorporate the Union Agricultural, Mechanical and
Commercial Society at Newbern, 10
An act to protect the fair grounds "of the Union Agricultural,
Mechanical and Commercial Society at Newbern, 11
BANKS—
An act to amend an act entitled "An act to establish the Bank
of Commerce/' 11
An act to amend the charter of the Farmers' Bank of North
Carolina, 13
An act to incorporate the Bank of Roxboro', 14
Ail act to incorporate the Bank of Thomasville, 21
An act to incorporate the Bank of Western North Carolina, 31
CAMP GROUNDS^—
An act to establish the Balls Creek Camp Ground, in the county
Catawba, State of North Carolina, and to incorporate the Trus¬
tees thereof, 39
An act to incorporate Sulphur Springs Camp Grounds, in the
county of Cleaveland, 40
An act to incorporate Salem Camp Ground, in Lincoln county ... 41
COLLEGES—
An act to amend an act entitled " An act to incorporate Bascotn
College, in the town of Leicester, Buncombe county," passed at
the session of the General Assembly in the year 1858-9, 41
An act for the relief of Davidson College, 42
I
LNDEX TO PRIVATE LAWS.
PAGE.
Sesg. 1860-'6I. An act to incorporate Judson Female College, in the town of
Henderson ville, 43
An act to amend an act ent:tled " An act to incorporate Mars Hill
College," passed at the session of 1858-9, 44
An act to incorporate Yadkin College in the county of Davidson, 46
COUNTIES—
An act to resurvey and establish the county line between the
counties of Surry and Wilkes, 48
An act to run and establish the dividing line between the counties
of Wayne? and Greene, „ 48
COURTS—
An act to authorize the holding of a Court of Oyer and Terminer
in Caswell county, 49
An act to restore to the county of Cherokee Jury Trials, 50
An act to give to the county of Cleaveland an additional Superior
Court, 61
An act concerning County courts in the county of Columbus 51
An act to authorize the holding of a Court of Oyer and Terminer
in Northampton county, 52
An act to change the place of holding the Court of Wardens in
Northampton county, 52
An act to repeal so much of the 10th, 11th, 12th, 13th, 14th and
15th sections of 107th chapter of the Revised Code as relates to
the county of Washington, 63
An act to allow less than a majority of Magistrates to transact the
county business of Iredell and Chatham counties, 53
ERECTIONS—
An act to alter the time of opening the polls in elections at the
precincts of Salisbury, Wilmington, Asheville and Lexington, 54
An act to change the time of closing the polls of elections in
Washington county, 64
GAS COMPANIES—
An act to incorporate the Citizens' Gas Light Company of New-
bern, 54
An act to incorporate the Fayetteville Gas Light Company, 55
An act to incorporate the Greensboro' Gas Light Company, 66
INSURANCE COMPANIES—
An act to amend an act entitled An act toincorperate the Atlantic
Mutual Fire and Marine Insurance Company, 67
MANUFACTURING COMPANIES—
An act to incorporate " the Buncombe Powder Manufacturing
Company," located in Buncombe county, 69
An act to incorporate " the Green Swamp Company." 60
An act to incorporate the North Carolina Fibre Company, 61
An act to incorporate the North Carolina Shoe Manufacturing
Company, in the town of Charlotte, 66
An act to incorporate the Tokay Wine Company of Fayetteville, 66
MILITIA—
An act to authorize the organization of an Armed Police Force for
the defence of the citizens of the town of Washington, .......... 68
An act to incorporate the " Granville Independent Grays," 70
An act to incorporate the " Independent Grays," the " Topsail
Riflemen," the " Franklin Rifles," " Albemarle Guards," and the
" Sharon Riflemen," 70
An act to incoporate the " Buncombe Riflemen," 71
An act to incorporate the " Orange Light Infantry," 72
An act to incorporate the Wilmington Horse Art.illeiy Company, 73
INDEX TO PRIVATE LAWS.
Ill
PAGE.
An act to incorporate the volunteer Company in the fown of Ken- Sess. ISCO-'GI.
ansville, Duplin county, 74
MINING COMPANIES—
An act to incorporate the Chatham Mining Company, 75
An act to incorporate the Valley River Mining Company, 76
An act to incorporate the Carroltou Copper Mining Company of
Baltimore, 78
An act to incorporate the Davidson Copper Mining Company, ... 79
An act to incorporate the Silver Valley Mining Company, in the
county of Davidson, 80
An act to incorporate the Gibson Hill Mining Company, in the
county of Guilford, 81
An act to incorporate the " Gardner Valley," 82
An act to incorporate Vally River Gold Mining and Aqueduct
Company of Cherokee county, , 83
An act to incorporate Cherokee Mining Company, 86
An act to incorporate the Conuagah Mining Company, 88
An act to incorporate Carolina Gold and Copper Company, 89
An act to relieve aud remit any penalties or forfeitures incurred
by the corporation created by the act entitled "An act to incor¬
porate the Lagrange Mining, Manufacturing and Transportation
Company," 90
An act to incorporate the Lincoln Copper and Gold Mining
Company, 91
An act to incorporate Concord Copper Mining Company, 9.3
An act to incorporate the Rudisill Gold Mining Company of
Baltimore City, 94
An act to incorporate the Riddick's Creek Mining Company, ... 96
An act to incorporate the Baltimore and North Carolina Copper
and Gold Mining Company, 96
An act to incorporate the Adams Hill Mining Company, 97
NAVIGATION COMPANIES—
An act to continue the improvement and provide for the equip¬
ment of the Albemarle and Chesapeak Canal and the waters
connected therewith, 98
An act to provide for a continuation of the improvement of Cape
Fear and Deep River Slack Water Navigation, 99
An act to amend an act entitled " an act to extend the powers of
the New River Navigation Company," 100
PLANK ROADS—
An act for the relief of the Greenville and Raleigh Plank Road
Company, and to empower the same to sell or transfer its cor¬
porate property, 100
POOR—
An act concerning the management of the Poor in the count of
Forsythe, 101
An act to allow the Wardens of the Poor for the county of Wake to
hold their meetings at the Poorhouse, and for other purposes, 102
RAILROADS—
An act to amend an act entitled " An act to incorporate the
Atlantic, Tennessee and Ohio Railroad Company," ratified
February 15th, 1855, 103
An act to incorporate the Caswell Railroad Company, 105
An act to incorporate the Chatham Railroad Company, 116
An act to construct a Railroad from Dallas, North Carolina, to the
South Carolina line, 119
An act supplemental to an act passed at the present session of the
IV
INDEX TO PRIVATE LAWS.
PAGE.
Sees. 1860-'61. General Assembly, entitled " An act to incorporate the Chatham
Railroad Company," 124
An act to incorporate the Greensboro' and Leakesville Railroad
Company, . , 125
An act to incorporate the Greenville and Goldsboro' Railroad
Company, 136
An act to incorporate the Milton and Yancey ville Junction Rail¬
road Company, 143
An act allowing the Raleigh and Gaston Railroad Company to
increase the capital stock, .... 841
An act for the rt lief of Chas. Wilkes, and to charter the St.
Catherines' Mills and Charlotte Railroad Company, 150
An act to enable the Western Railroad Company to extend their
road from the Coal Fields to the N. C. Railroad, 151
An act to amend the charter of the Western North-Carolina
Railroad Company, 154
An act to incorporate the Wilmington and Tarboro' R. R. Co., 156
An act concerning the Wilmington and Weldon R. R. Company, 165
An act to construct a branch from the Wilmington and Weldon
Railroad to or near the town of Fayetteville, 166
, An act to incorporate the University Railroad Company, ..... 169
An act to secure the completion of the Wilmington, Charlotte
and Rutherford R. R. Company, and to amend its charter, ... 173
An act to repeal section 4, chap. 169, of the Laws of North-
Carolina, passed at the session of 1858-'59, 176
RIVERS AND CREEKS—
An act to prevent the felling of timber in or otherwise obstruct¬
ing the run of the North Prong of Belew's Creek, in Forsythe
county, 176
An act to prevent the felling of timber in certain streams in the
county of Iredell, 177
An act to prevent obstacles in Salmon Creek, 177
An act for the preventing of felling timber in the streams cf
Wicacon Creek, Bear Swamp, Stony Creek and Ahoskie
Swamp, in the county of Hertford, 178
ROADS—
An act to improve the road from John Allen's to the top of the
Blue Ridge, at or near Fisher's Gap, in the county of Surry, 179
An act to lay off, locate and establish a road from the town of
Statesville, in the county of Iredell, to the town of Wilkes-
boro', in the county of Wilkes, 186
An act to improve, the public road from Taylorsville to Boon,
by way of Russell's Gap and Holdman's Ford, 181
SHERIFFS—
An act to authorize and empower James H. Allen, late Sheriff of
Brunswick county, to collect arrears of taxes du^ said sheriff
from and after the 1st day of October, A. D,, 1858, 183
An act to authorize and empower Samuel Brooks, late sheriff of
Hyde county, to collect arrears of taxes due him for the year
1855 184
An act to authorize the sureties of Geo. Glass, late sheriff of Mc¬
Dowell county, to collect arrears of taxes, 184
An act lo authorize and empower Edward D. Hall, late sheriff of
New Hanover county, to collect arrears of taxes 185
An act to authorize and empower the sureties of Wm. Pollock,
late sheriff of Jones, to collect arrearages of taxes 186
An act in favor of J. Tapscott, late sheriff of Alamance county, 186
INDEX TO PRIVATE LAWS.
V
Page.
An act for the relief of the surities of ¥m. W. Ward, late sheriff Sess. I860-61.
of Martin county, 187
An act to authorize and empower Washington Harris, late sheriff
of Franklin, to collect arrears of taxes due him, 188
STEAM-PACKET COMPANIES—
An act to incorporate the Albemarle Steam-Packet Company, 188
TOWNS—
An act to re-enact and amend an act of 1854-'5, entitled " An
act to extend the limits of the town of Asheboro,' " and repeal
all former acts of incorporation, 190
An act to incorporate the town of Boon Hill, in Johnston co., 190
An act to repeal an act entitled " An act to incorporate the town
of Morganton, in Burke county," and to incorporate said town
of Morganton under the law for the better government of towns, 191
An act to amend an act entitled " Ah act to incorporate the town
of Edenton, 192
An act to amend an act entitled " An act for the government of
of Elizabeth city, in the county of Pasquotank, passed at the
session of the General Assembly of North-Cal'alina, December
25th, 1852, 192
An act to incorporate the town of Enfield, 195
An act to repeal an act entitled " An act to incorporate the town
of Franklin," in Macon county, and to incorporate said town of
Franklin under the law for the better government of towns, 196
An act to authorize the commissioners of the town of Plertford to
sell town lots, &c., 198
An act to extend the limits of the town of Lexington, 199
An act to amend an act to incorporote the town of Lincolnton,
passed at Raleigh, in the year 1852, chapter 209, 199
An act concerning tbe town of jamesville in the county of Martin, 200
An act to enlarge the corporate limits of the town of Monroe and
for other purposes, 201
An act to incorporate the city of Morehead, 203
An act to amend the charter of the town of Newbern, chapter 31 205
An act to incorporate the town of Rockingham, in Richmond
county
An act to amend the charter of the town of Salisbury, and to es¬
tablish the corporate limits of said town,
An act to consolidate the various acts heretofore passed to incor¬
porate the town of Statesville, in Iredell county,
An act to allow the county trustees to sell certain property in the
town of Statesville,
An act to revise and amend an act to incorporate the town of
Thorn asville,
An act to amend the act incorporating the town of Warsaw and
for the better government of said town,
An act concerning the town of Wilmington,
TURNPIKES—
An act to authorize the construction of a turnpike road from
" Mitchell's High Peak," on the Black Mountain, to intersect
some one of the Railroads in Buncombe county,
An act entitled an act to amend an amended act to incorporate
the Jonathan Creek and Tennessee Mountain Turnpike Com¬
pany, passed at the session of l858-'9, 224
An act to incorporate the Statesville and Tennessee Turnpike
Company, 224
206
207
208
216
216
217
218
212
VI
INDEX TO PRIVATE LAWS,
Page
Sess I860-'61. -^n ac^ *° incorporate the Salem and Thomasville Turnpike
Company, , 230
An act to incorporate the Dover and Trenton Turnpike and Plank
Iioad Company, 231
An act to incorporate the Wilmington and Wrightsville Turnpike
Company, 236
An act to amend an act passed at the session of 1850-51, amend¬
atory of an act entitled an act to incorpororate the McDowell
and Yancey Turnpike Company, passed at the session of
1848-49, 237
MISCELLANEOUS—
An act to authorize certain persons in the county of Wake to
send their children to a common school in Granville county,... 238
An act to authorize the sale of the old jail in Wilkes county, 239
An act to repeal an act passed at the session of 1858-'9, entitled
" an act to limit the powers of different Constables in Cherokee
and Robeson counties to the districts to which they are elected," 240
An act to incorporate the Greensboro' Hotel Company, 240
An act to p'rovide for taking the list of taxables in Oregon District,
Beaufort county, 241
An act to incorporate Warren Lodge,No. 101, A. Y. M 241
An act for the appointment of an additional inspector of flour,
provisions and forage in the town of Wilmington, 242
An act to incorporate the Independent Order of Odd Fellows,
Swannanoa Lodge, No. 56, at Asheville, in Buncombe county, 243
An act to incorporate "Green Hill Cemetery," in Buncombe county, 243
An act to incorporate Kilwinning Lodge, No. 64, A. Y. M., in
the town of Wadesboro', county of Anson, 245
An act for the relief of Evans Ferguson and Ben Smith, 246
An act to authorize Daniel P. Johnson and Ambrose Sute, to
establish a toll bridge on the Catawba River, 246
An act for the relief of Daniel Daugherty, 248
An act to amend the Revised Code 249
An act to incorporate the " Greensboro' Cemetery Company, 249
An act to prevent the sale of spirituous liquors within two miles
of Reynoldson Institute, in the county of Gates, and Springfield
Academy, in Robeson county, 250
An act to incorporate the Asheville Water Company, in the county
of Buncombe, 251
An act to incorporate the Wilmington Water Works Company, 252
An act to incorporate " the Buncombe Powder Manufacturing
Company, located in Buncombe county 253
An act concerning the management of the poor in Forsythe county, 254
An act to incorporate the Albemarle Steam Packet Company, ... 254
RESOLUTIONS—
For the Relief of the sureties of C. Grigg, 256
In favor of Josiah Collms, 256
In favor of P. A. Smith, administrator of the estate of M. M.
Plunkett, deo'd, 257
In favor of R. R. Heath, Geo. Howard, R. M. Saunders and W.
A. Jenkins, 257
In favor of Daniel Tucker 257
In favor of D. W. Courts, Public Treasurer, 258
In favor of the estate of George Crofton, 258
In favor of L. N. B. Battle, Esq 258
In favor of Clark Bird, .. 259
In favor of Jesse McGee, of Haywood county, 259
i:. Dt,x 'ft» ruvAtj: LAW^.
Page,
lu favor of Principal and Assistant Clerks of the Senate and House Sess.
of Commons, ... 259
Concerning the distribution of the Revised Code, 260
In favor of Wm. Thompson, 260
In favor of E. P. Stillwell, of Jackson county, 261
In favor of John L. Cantwell, 261
In favor of James C. Luter, 261
In favor of Henry Bagby, 261
In favor of Calvin Bishop, 262
In favor of the Doorkeepers, 262
In favor of Quent. Busbee and others, 262
In favor of Thomas Diggs, of Anson county, 262
In favor of L. M. Ray, . 268
In favor of John Pate, 263
In favor of James H. Moore 263
In favor of Edward Yarborough, 263
Concerning the two doors of the Gallery and the door of the Hall, 264
In favor of W. L. Pomeroy, 264
In favor of the sureties of W. W. Ward, late Sheriff of Martin, co. 264
In favor of W. W. Watson, 264
In favor of Jasper Pritchett, 265
In favor of Daniel Willis and David Lewis, 265
In favor of J. L. Ward, of Polk, 266
In favor of Gray Bryan, 266
In favor of Jonas Jenkins, of Jackson county, 266
In favor of the sureties of G, H. Holland, 267
In favor of William Peace, &c 267
In favor of James S. Ives, of the town of Newbern, 267
In favor of M. C. Norman, of Yadkin county, 267
In favor of Leah Coleman, 268
In favor of D. C. Lilly, 268
In favor of the sureties of Geo. W. Glass, 268
In favor of Cooper Prince and John H. Harwood, 269
INDEX
TO
PRIVATE LAWS.
FIRST EXTRA SESSION,
1861.
MISCELLANEOUS-
ATI act to extend the charter of the Bank of the State of North-
Carolina for certain purposes, 273
An act to repeal an act appropriating two thousand five hundred
dollars for lighting and heating the Capitol, 274
An act to repeal au act passed at the session of 1860-61, entitled
an act to appoint a tax collector for the counties of Wayne and
Haywood, &c., as to certain counties, and amend the same, 274
An act to amend an act entitled an act to establish a new county
by the name of Mitchell, 275
An act to alter the name of the Northampton Guards, 275
An act to amend the charter of the city of Raleigh and other
cities and towns, 276
RESOLUTIONS—
In favor of the Doorkeepers of the Senate and House of Commons, 277
In favor of W. H. & R. S. Tucker, 277
In favor of John C. Palmer, 277
In favor of Henry J. Brown and others, 278
In favor of Henry D. Turner, 278
In favor of Col. B. Leecraft, 278
To authorize the Public Treasurer to pay Edward Yarborough
ten dollars, 278
To pay Commissioners of Peace Conference at Washington and
Montgomery, Alabama 279
Concerning the Regiment of Volunteers near Raleigh, 279
Providing for special messengers for the Executive Department, 280
PRIVATE LAWS
OF THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY
AT ITS
SESSION OF 1860-61.
RALEIGH:
JOHN SPELMAN, PRINTER TO THE STATE.
1861.
PRIVATE LAWS
op
NORTH-CAROLINA.
1860"'61.
ACADEMIES.
an act to incorporate bellevue academy, in the county Chap. 52.
or beaufort.
Section 1. Be it enacted by the Cfeneral Assembly of the 'n<t°r"
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, ^That Thomas Crawford, Benjamin Patrick,
Benj. F. Tupp, Henry Harding and B. F. Harding, and their
successors, be constituted a body politic and corporate, in the
county of Beaufort, as an institution of learning, by the name
and style of the "Bellevue Academy," and that they be in¬
vested with all the privileges and rights, and be subject to the
rules, regulations and restrictions In the twenty-sixth chapter
of the Revised Cod^, entitled "Corporations," so far as they
are applicable to corporations of this nature.
Sec. 2. Be it further enacted, That said company «hall have Powers,
power to hold personal and real estate to an amount not
exceeding three thousand dollars, and to open books for
subscription.
Sec. 3. Be it further enacted, That this act shall be in force
from and after its ratification. [Ratified the 20th day of
February, 1861.]
4
1860-61. Chap. 53.
Chap. 53. an act for the protection op the haywood male and
female academies.
Sale of liquors
prohibited.
Provision as to
students.
Licenses void.
Penalties.
Section 1. Be it enacted by the Greneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That no person shall erect, keep, main¬
tain, or have at the Haywood Male and Female Academies, or
within two miles thereto, any tippling house, establishment or
place for the sale of wines, cordials, spirituous or malt liquors.
Sec. 2. Be it further enacted, That no person shall sell, or
offer to sell or deliver to any student of said institutions, or to
any other person or persons whatsoever, any wines, cordials,
spirituous or malt liquors, for the purpose of being used at said
institutions, or within two miles thereof, unless prescribed by a
physician, or for mechanical purposes.
Sec. 3. Be it further enacted, That any license that may
hereafter be granted to retail spirituous liquors, wines, cordials
or malt liquors at the aforesaid institutions, or within two
miles thereof, shall be utterly void.
Sec. 4. Be it further enacted, That if any white person or
free person of color, shall offend against any of the before-
mentioned provisions of this act, he or she shall be deemed
guilty of a misdemeanor, and upon conviction or submission,
either before the courts of pleas and quarter sessions, or the
superior courts of law for the county of Chatham (or any other
county of this State), shall, if a white person, be fined at the
discretion of the court, and if a free person of color, shall be
fined at the discretion of the court, and receive not exceeding
thirty-nine lashes on his or her bare back; and if any slave
shall offend as before stated, and be convicted before any jus¬
tice of peace of the county*of Chatham, he or she shall receive
not exceeding thirty-nine lashes on his or her bare back, and
that the master or owner of such slave shall pay all cost ex¬
pended OK incurred in the case; Provided always, That the
master or owner shall have the right to appeal to the county
or superior court of the county of Chatham.
Sec. 5. Be it f urther enacted, That this act shall be in force
from and after its ratification. [Ratified the 10th day of
February, 1861.]
1860—'91. Chap. 54-55.
5
ah act to incorporate the hillsboro' military academy. Chap. 54.
Section 1, Be it enacted by the Greneral Assembly of the Trustees incor-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Charles C. Tew, and those who may
be associated with him, be incorporated into a company, under
the name and style of the llillsboro Military Academy, for
the purpose of establishing a military and scientific educational
institution of a high grade near the town of Hillsboro', Orange
county.
Sec. 2. Be it further enacted, That the said company be Powers,
empowered to hold property in real estate, not exceeding the
value of sixty thousand ($60,000) dollars, and that so much of
such real estate as shall be occupied for purposes directly con¬
nected with the educational institution aforesaid, be exempt
from taxation.
Sec. 3. Be it further enacted, That the academic body of Degrees,
the said institution be empowered to confer degrees upon stu¬
dents completing the prescribed course of study as is now done
by the faculties of other institutions of learning.
Sec. 4. Be it further enacted, That it shall be lawful for Rank of snper-
, ...... intendent.
the governor to grant a commission to the superintendents of
the said military institution: Provided, the rank thus con¬
ferred be no higher than that of colonel; that it shall be lawful
for the governor to grant commissions to such other officer of
the said military institution as may be recommended by the
superintendent: Provided, The rank so conferred be no higher
than that of captain.
Sec. 5. Beit further enacted, That officers commissioned rank of com¬
as herein provided for, shall take rank according to date 0fIxllssl0n-
commission, with officers in the line of the North Carolina
State militia. \Ratified the 20th day of February, 1861.]
an act to incorporate the jefferson academy, in the Chap. 55.
county of ashe.
Section 1. Be it enacted by^ the (feneral Assembly of iAe trustees incor-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That James M. Gentry, E. C. Bartlet,
6
1860-61. Chap. 55-56.
James Wagg, N. H. Waugh, David Smith, James W. Hardin
and David Worth, and their successors, be and they are hereby
constituted a body politic and corporate, to he known and de¬
signated by the name and style of " The Trustees of the Jef¬
ferson Academy," and by that name shall have succession and
a common seal, and shall sue and be sued, plead and be im¬
pleaded in any court of law or equity in this State, and shall
have direction and control of the property real and personal,
belonging to said academy, or which may be held in trust by
any person for the benefit of said academy, and shall be capa¬
ble in law to hold lands, tenements and chattels sufficient for
the purposes of said academy.
Powers. Sec. 2. Be it further enacted, That the said corporation
shall have power to make such rules, regulations and orders
concerning the management of the property, the employment
of teachers, and all other things as may be necessary to the
goodN government and success of said academy, and shall have
all rights, powers and privileges of like corporations in this
State, and no other.
Quorum. Sec. 3. Be it further enacted, That a majority of said trus¬
tees shall constitute a quorum for the transaction of business.
Sec. 4. Be it further enacted, That this act shall be in force
from and after its ratification. [Ratified the 18th day of
February, 1861.]
Chap. 50. an act to incorporate oak hill military academy, in the
cotjnty op granville.
Trustees mc°r- Section 1. Be it enacted by the General Assembly of
North Carolina, and it is hereby enacted by the authority
of the same, That W. G. Thomas, M. T. Smith, B. P. Tharp,
Richard Tharp and Peterson Tharp, and their successors
be, and they are hereby incorporated and made a body
politic, under the name and style of the Trustees of Oak Hill
Military Academy," in the county of Granville, with the usual
rights, powers, privileges and duties of such corporations,
spirituous Sec. £. Be it further enacted, That it shall not be lawful
htlwtea.I>ro" for the county court of Granville to grant license to any per¬
son to retail spirituous liquors within one mile in any direction
1860-61. Chap. 56-5T.
7
from the said academy, and any license so granted shall be
null and void, unless the trustees of said academy shall have
first given to the applicants for such license a recommendation
in writing to that effect,,
Sec. 3. Be it further enacted, That this act shall be in force
from its ratification. [Ratified the 22d day of February,
1861.]
an act to amend an act passed by the general assembly Chap. 57.
oe the state of jjtorth carolina, at its session of 1848
and '9, to incorporate perquimons male and female
academy.
Section 1. Be it enacted by the Ceneral Assembly of the Trustees inoor-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Willis II. Bagley, Joseph G. Gran-
bery, Joseph M. Cox, Dr. Caleb Winslow, Mathew 0. Jordan,
be, and they are hereby declared a body politic and corporate,
to be known and distinguished by the name and style of " The
Trustees of the Perquimons Male and Female Academy," and
by that name shall have perpetual succession and a common
seal, and shall be able and capable in law of holding lands,
tenements and chattels sufficient for the use and purposes of
said school, and of suing and being sued, and of pleading and
being impleaded.
Sec. 2. Be it further enacted, That the said Willis H. Bag-Powers,
ley, Joseph G. Granbery, Joseph M. Cox, Dr. Caleb Winslow,
and M. 0. Jordan, shall continue in office as trustees aforesaid,
with full power to make such rules and regulations, not incon¬
sistent with the constitution of the State of North Carolina,
and of the United States, as may be necessary for the good
government of said school, and the management of the pro¬
perty and funds belonging to the same, until their successors
shall be elected, as herein after provided, and that they and
their successors in office shall have full power to supply all va¬
cancies in the board happening between the times of holding
the election of trustees.
Sec. 3. Be it further enacted, That an election for five Trustees'
trustees to succeed the said W. H. Bagley, Joseph G. Gran-suceessor3'
8
. 1860-61. Chap. 57-58.
bery, J. H. Cox, Dr. Caleb Winslow and M. 0. Jordan, shall
be held on the first Thursday in March, A. D. 1804, or upon
any day in said year upon which an election for commissioners
for the town of Hertford may be held, and every three years
thereafter, upon the day of said election for commissioners of
said town of Hertford, and that the voters of the town of Hertj
ford «qualified to vote for commissioners of said town, shall be
the qualified voters for electing said trustees, and that the per¬
sons receiving the greatest number of votes at such election,
shall be the du]y elected trustees of said academy under this
act.
Sec. 4. Be it further enacted, That all laws and clauses of
laws inconsistent with this act be, and are hereby repealed.
Sec. 5. Be it further enacted, That this act shall J>e in force
from and after its ratification. [Ratified the 18th day of
February, 1861.]
Chap. 58. act to incorporate the trustees of tally ho female
academy, in the county of granville.
Trustees ineor- Section 1. Be it enacted by the Qeneral Assembly of the
porated. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That John L. Jones, Samuel D. Ferrill,
John W. Booth, John Flemings and James A. Russel, their
associates and successors, be, and they are hereby declared a
body politic and corporate, to be known and designated by the
name of the "Trustees of Tally Ho Female Academy," situ¬
ated at Tally Ho, in the county of Granville, and by that name
Powers. shall have perpetual succession, and shall hold, acquire, receive
and hold such moneys, chattels and lands as may be necessary
to accomplish the purposes of the institution.
Sec. 2. Be it further enacted, That this act shall be in force
from and after its ratification. [Ratified the 18th day of
February, 1861.]
1860-61. Chap. 59.
9
an act to incorporate the richland institute, in the Chap. 59.
county of haywood.
Section 1. Be it enacted by the G-eneral Assembly of the Trustees Incor-
JState of North -Carolina, and it is hereby enacted by the «M-porated"
thority of the same, That Jacob Smith, Samuel Swayngim, P.
AY. Edwards, Dillard E. Jones, James B. Fitszgerald, John AY.
Killian, Robert H. Pendland, Thomas Eurguson, AY. G. B.
Garrett, AY. A. AYilson, and A. C. Morrow, be, and they are
hereby declared to be a body politic and corporate, to be
known and designated by the name of the " Trustees of Rich¬
land Institute, of Haywood county," and by that name shall
have succession and a common seal, and shall be invested with
power and authority to sue and be sued, plead and be im- Powers,
pleaded, in any court of law or equity in this State, and to
hold such lands and tenements, goods and chattels and moneys,
sufficient for all the purposes of said institute.
Sec. 2. Be it further enacted, That said corporation shall powers,
have power to make all laws, rules and regulations that shall
be necessary for the good government of said institute and the
management of the property and finances of the same, not in-
consistent<*vith the constitution of this State, or of the United
States; and also to fill vacancies among the trustees from time
time, occasioned by death, resignation, or other causes, and to
appoint such officers as they shall think proper.
Sec. 3. Be it further enacted, That said trustees shall havePowerg.
power to appoint all teachers in said institute, to affix the rates
of tuition, and to do and perform all such acts as are incident
to and usually exercised by bodies politic, for the accomplish¬
ment of the object contemplated.
Section 4. Be it further enacted, That it shall not be law- sales ofspirit-
ful for any person or persons to set up or continue any gaming prohibited^3
or billiard tables, or any other game of chance or hazard, by
whatever Dame called, or to sell any intoxicating liquors, to be
used as a beverage, within one mile of said institute, without
permission of the faculty or trustees; and any person or per¬
sons who shall offend against the provisions of this act, shall
forfeit and pay the sum of fifty dollars, to be recovered in any
,court of record having cognizance of the same, one-half to the
informer, and the other half to the use of said institute.
10
1860-61. Chap. 59-60.
Quorum. Sec. 5. Be it further enacted , That not leas than five of the
trustees shall constitute a quorum for the transaction of busi¬
ness connected with said institute.
Sec. 6. Be it further enacted, That this act shall be in force
from and after its ratification. [ Ratified the 25th day of
February, 1861.]
AGRICULTURE.
Chap. CO. an act t0 incorporate the union agricultural, mechani¬
cal and commercial society at newbern.
incorporated. Section 1. Be it enacted by the Ceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the Union Agricultural, Mechanical,
and Commercial Society at Newbern, be, and the same is
hereby incorporated into a body politic and corporate, and in
that name may sue and be sued, have and exercise any and all
the powers and rights of other corporations in this State; may
pass all such by-laws, rules and regulations as they may regard
as necessary for the purposes of this corporation^ may take
and hold real and personal estate, not exceeding fifty thousand
dollars' worth of real estate; may acquire the same by deed,
devise, or in any other mode, and may use the same only for
the purposes hereinafter specified,
officers. Sec. 2. Be it further enacted, That the said society shall
annually elect a president, and such other officers as the so¬
ciety may from time to time find necessary, all of whom shall
bold their offices until successors are appointed.
rules and by- Sec. 3. Be it further enacted, That the Union Agricultural,
laws. Mechanical and Commercial Society at Newbern, as heretofore
organized by a voluntary association at Newbern, be, and the
same is hereby incorporated, and the rules and by-laws adopted
by said association, and the election of officers made by them,,
shall be and continue in force until the same are altered or
superseded by the corporation hereby created, and that the
Union Agricultural, Mechanical and Commercial Society at
Newbern, herein*incorporated, shall succeed to all the rights
and privileges of said society. \_Ratifie<% the 19^ day of
February, 1861.]
1860-61. Chap. 61-62.
11
an act to protect the pair ground op the union agri- Chap. 61.
cultural, mechanicaf,, and commercial society at
newbern.
Section 1. Be it enacted by the General Assembly of the penalty.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That if any person, maliciously or inten¬
tionally, deface, injure or destroy any house, stand, fence, or
other fixtures belonging to " The Union Agricultural, Mechan¬
ical and Commercial Society," located on their fair ground
near the town of Newbern, in the county of Craven, such per¬
son so offending shall be deemed guilty of a misdemeanor, and
on conviction thereof in the county or superior court, shall be
fined not exceeding fifty dollars, or imprisoned not exceeding
six months, at the discretion of the court.
Sec. 2. Be it further enacted, That it shall not be lawful Trespass,
for white boys, unless accompanied by their parents or guar¬
dians, to visit or pass through the fair ground of said society,
under the penalty of one dollar for each offence, to be col¬
lected by warrant out of the parent or guardian of boys so
offending; and should any negro slave violate the provisions of
this section, he or she, upon conviction before any justice of
the peace of said county, shall receive not more than thirty-
nine lashes on the bare back, at the discretion of the justices
of the peace aforesaid: Provided, That the provisions of this
section shall be inoperative and of no effect during and for the
time any fair or other public exhibition may be held on said
fair ground. [Ratified the 23d day of February, 1861.]
BANKS.
an act to amend an act entitled "an act to establish Chap. 62.
the bank of commerce."
Section 1. Be it enacted by the General Assembly of the eepeai^arta of
State of North Carolina, and it is hereby enacted by the au-ac 0 ~9,
thority of the same, That sections 8th, 19th, 20th and 21st of
an act of the General Assembly of the State of North %Caro-
lina, passed at the sessions 1858-'9, chapter 71, entitled "An
12
I860-'61. CHAP. 62.
Closing books
for stock.
Subscriptions
may be scaled.
act to establish the Bank of Commerce," be, and the same are
hereby repealed; and in lieu of said sections, the said act be
amended as follows:
Sec. 2. Be it further enacted, That the directors of said bank
shall have power to close the books for subscriptions, at such
terms [times] as to them shall seem best, and shall have further
power at such times and places, under the superintendence of
such persons as to them shall seem best, to re-open said books
for subscription to said capital stock, and to keep the same
open until the whole [or] part of the said stock unsubscribed
for shall be taken; and if a part only of said remaining stock
be taken, they shall have further power from time to time, as
aforesaid, to re-open said books, until the whole of the capital
stock of six hundred thousand dollars shall be subscribed for;
and if it shall so happen when said books shall at any time, as
aforesaid, be re-opened for subscription, that a greater number
of shares than is necessary to make up the deficiency of said
stock shall have been subscribed for, it shalL be lawful for said
directors to reduce said subscriptions to a scale by them estab¬
lished for said purpose: Provided, That no subscription of ten
shares or under shall be scaled until all larger subscriptions
shall first be reduced to an equality with them,
circulation. Sec. 3. Be it further enacted, That the said bank shall at
no time have in circulation more than twice the amount of its
capital stock actually paid in, and that the rate of interest to
be charged by said bank upon its loans and discounts, shall
not be more than one-half of one per centum for thirty days,
which interest may be received, and in advance, at the time of
the said loans or discounts.
Sec. 4. Be it further enacted, That this act shall take effect
and be in force immediately after the stockholders of said bank
in a general meeting agree thereto, and signify their assent by
writing, duly authenticated, and deposited in the office of the
secretary of State of this State.
Sec. 5. Be it further enacted, That branches of said bank
may be, in the discretion of the directors, established in the
towns of Goldsboro' and Concord, in the counties of Wayne
and Cabarrus, or at other points in the State of North Caro¬
lina : Provided, That not less than fifty thousand dollars
shall be subscribed on the books at the places thus selected by
the directors aforesaid.
When act -to
take effect.
Branches.
18G0-'61. Chap. 62-63.
13
Sec. 6. Be it further enacted, That whenever said bank suspensions,
shall suspend specie payment, unless under the advice of the
governor and council, it shall pay into the State treasury at
the rate of four per cent, per annum on the amount in circula¬
tion at and during the time of suspension, to be ascertained
upon the oath of the cashier, and collected by the treasurer of
the State.
Sec. 7. Be it further enacted, That the provisions of this provisions to
act shall extend to the Bank of North Carolina, and also the banks.
Bank of Lexington, and the Miners and Planters' Bank of
Musphy, and that the charters of said banks be amended in
the same particulars as are herein provided for the Bank of
Commerce at Newbern, without reference to the numbers of
the several sections in said charter: Brovided, That the Bank
of North Carolina, Bank of Lexington, and Miners and Plan¬
ters' Bank of Murphy, shall have no further power respecting
the establishment of agencies and branches than is conferred
in their original charters. [Ratified the Voth day of February,
1861.]
an act to amend the charter of the farmers' bank of Chap. 63.
north carolina.
Section 1. Be it enacted by the G-eneral Assembly of the Flace> of meet-
* * ine of stock-
&Hate of North Carolina., and it is hereby enacted by the au- holders.
thority of the same, That the fourth section of the charter of
the Farmers' Bank of North Carolina, passed at the session
1852, be so altered and amended as to make Greensboro', in
the county of Guilford, the place at which the next and all
future meetings of the stockholders in said bank shall be held
from and after this date.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its acceptance by the stockholders in said
bank, or a majority of them, at their-meeting in Greensboro'
aforesaid. [Ratified the — day of February, 1861.]
14
1860-61. Chap. 64.
Chap. 64.
an act to incorporate the bank of roxboro .
Section 1. Be it enacted by the G-eneral Assembly of the
capital stock. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a bank Bhall be established in the
town of Roxboro', the capital stock whereof shall not exceed
two hundred thousand dollars, divided into shares of fifty dol¬
lars each, and that, for the purpose of receiving subscription
for said stock, books shall be opened on the first Monday in
March, A. D. 1861, and remain open for sixty days, at Rox¬
boro', under the superintendence of Edwin G. Reade, Green
X). Satterfield, Chesley Hamlen, William H. Smith, John H.
Jones, George W. Norwood and John H. Hurt, and at such
other places, under the superintendence of such persons, as
said commissioners at Roxboro' may direct.
Payments. Sec. 2. Be it further enacted, That one-tenth of such
shares shall be paid in gold and silver to the commissioners
above-named at the time of subscribing; that another tenth
shall be paid within ninety days ; that another tenth shall be
paid within one hundred and twenty days, and that the re¬
mainder shall be paid as the president and directors, hereafter
provided to be elected, may direct; and if any subscriber shall
fail to pay any instalment at the time stipulated, he shall pay
the interest thereon 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
deficit instalment, and he shall be held responsible for the
same, at the option of the bank, and the balance, if any, to be
paid over to the subscriber,
incorporated. Sec. 3. Be it further enacted, That when one- thousand
shares are subscribed, and the sum of twenty-five thousand
dollars actually paid to the commissioners, the subscribers to
the said bank, their successors and assigns, shall be and are
hereby created a body politic, in law and in fact, by the name
and style of " The Bank of Roxboro'," and shall so continue
until the first day of January, 1891; and by the name and
style aforesaid, they shall be and are hereby made able and
Powers. capable in law to have, purchase, receive, possess and enjoy
and retain, to themselves and successors, lands, tenements,
rents, hereditaments, goods, chattels and effects, and the same
1860—*61. Chap- 64.
15
to grant, alien and dispose of, to sue and be sued, implead and
be impleaded, answer and be answered, defend and be de¬
fended, in courts of record, or any other place whatsoever;
and also to make, have and use a common seal, and the same
to break, alter or renew at pleasure, and also to ordain, estab¬
lish and put in execution such by-laws or ordinances and regu¬
lations as shall seem necessary and convenient for the govern¬
ment of said corporation, and for making whereof general
meetings of the stockholders may be called in the manner
hereinafter specified, and generally to do and execute all mat¬
ters, acts and things which a corporation and body politic in
law may or can lawfully execute, and be subject to the rules,
regulations, restrictions and provisions hereinafter prescribed
and declared.
Sec. 4. Be it further enacted, That as soon as one thousand when to go
shares shall be taken in the stock of said bank, and twenty-int0 operatloa'
five thousand dollars paid to the commissioners who keep the
books, notice shall be given, a meeting of the subscribers shall
be called, to be held at least thirty days after the date of the
notice; if at this meeting they or their agents who have a
majority of votes according to the rates hereinafter described
be present—if not, another meeting shall be called—they shall
proceed to the election of seven directors, who shall take
charge of the books and money in the hands of the commis¬
sioners, and immediately pursue the usual means to put the
bank in operation; said directors shall remain in office until
the first Monday in March, 1862* or until their successors
shall be appointed; and on the first Monday in March in each
year, or at any time thereafter, meetings of the stockholders
shall be held in the town of Roxboro', for the purpose of
electing directors, enquiring into the affairs of the institution,
and making such other regulations as may be deemed fit and
necessary.
Sec. 5. Be it further enacted, That the following rules, rules, &c.
regulations and provisions shall form and be the fundamental
articles of the constitution of the corporation. A meeting of
the stockholders cannot be held, unless those who have a ma¬
jority 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 holding one share and not more
16
1860-'61. Chap. 64.
Vote of stock¬
holders.
President.
General meet¬
ing.
Officers—their
duties, &o.
than two shares, shall he entitled to one vote; for every two
shares above two, and not exceeding ten, one vote; for every
three shares above ten, and not exceeding one hundred, one
vote; and for every four shares above one hundred, 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 the general meetings and elections by proxy, the proxy
himself being a stockholder; no president, cashier, director,
agent or clerk of the bank 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; the directors, when ap¬
pointed, shall choose one of their number, which shall always
be seven, to be president of the bank, and shall manage the
institution as shall seem best to them, unless otherwise directed
by the stockholders; but compensation to the president 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 presi¬
dent, when he may, by writing, nominate any other director to
supply his place ; a number of stockholders, not less than ten,
who, together, shall be the owners of two thousand shares and
upward, shall have power at any time to call a general meeting
of the stockholders, for the purposes relating to the institution,
giving at least twenty days' notice, in the town of Roxboro', and
specifying the object or objects of such meeting; the directors
shall annually elect [such] officers as may be deemed necessary
to perform the business of the bank, and may renew [remove]
them, or either of them, at pleasure. These officers shall be
required to give bond, with two or more sureties, in sums not
less than ten thousand dollars, with 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
names of those present, the day and date of each meeting, and
shall record the ayes and nays on any question, when asked
for by a director; this book shall be evidence in courts of
justice. On entering on discharge of his duties, the cashier
shall take the following oath or affirmation before some justice
of the peace, by whom it 'shall be deposited in the office of the
1860-61. Chap. 64.
17
clerk of the county court of Person, viz: " I, A. B., do solemnly oath of cashier,
swear or affirm (as the case may be), to keep a just and true
record, without alteration or erasure, of the transactions of
the board of directors of the Bank of Roxboro', in a book to
he kept by me for that purpose." The said corporation shall Powers of cor-
purchase and hold such lands, tenements, rents and heredita¬
ments as shall he required for the transaction of its business,
or shall have been bona fide mortgaged to it by way of secu¬
rity, or conveyed to it in satisfaction of debts previously con¬
tracted in course of its dealing, or purchased at sale upon
judgment, which shall have been obtained upon such debts;
the said corporation shall neither, directly nor indirectly, trade
in any thing except bills of exchange, promissory notes, gold
or silver bullion, or in the sale of goods really and.truly
pledged for money lent and not redeemed in due time, or in
goods which shall be the produce of its lands, mint certificates,
and the public debts of the State : Provided, The investments Proviso,
in such stock shall not exceed one-half the capital stock of the
bank; neither shall said corporation take more than the rate
of six per cent, per annum for or upon its loans or discounted
^discounts], which interest may be taken in advance at the time
of discount; the total amount of debts which said corporation
shall at one time owe shall not exceed twice the amount of stock
actually paid in. 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 said corporation shall be assign-stock transfer¬
able and transferable according to the rules which shall be
instituted in that behalf by the by-laws and ordinances of the
same. The officers at the head of the treasury department of condition of
the State shall be furnished, once in six months, with a state-bond"
ment of the amount of the capital stock of said corporation
and debts due the same, and the money deposited therein, of
the notes in circulation and of the cash in hand, and shall
have the right to inspect such general accounts in the books of
the bank as shall relate to statements: Provided, That this proviso,
shall not be construed to a right of inspecting the accounts of
any private individual with the bank, except the directors. The
bills obligatory and of credit under seal of said corporation, Bills assignable,
which shall be made to any person or persons, shall be'assign-
2
18
1860-61. CHAP. 64.
Payment of
notes refused.
Remedy.
Insolvency.
Books when
closed.
Embezzlement,
Ac.
able by endorsements tbereon, under the hand or hands of
such person or persons and of his or her assignee or assignees,
and so as absolutely to transfer and vest the property therein,
and each and every assignee or assignees successively, and to
enable such assignee or assignees to bring and maintain an
action thereupon in his, her or their name or names ; and bills
or notes "which may be issued by order of such 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 corporation, shall be binding and obligatory on the
same, in like manner and with the like force and effect as
upon any private person or persons; that is to say, those
which, shall be payable to any persons, his, her or their order,
shall be assignable, by endorsement, in like manner and the
like effect, as foreign bills of exchange now are; and those
which are payable to bearer, shall be negotiable by delivery
only.
Sec. 6. Be it further enacted, That [if] any person or per¬
sons holding a note or notes of said bank, shall present the same
for payment, and if payment shall be refused, the said note
or notes shall 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 contrary notwithstanding; and
the holders of the notes of said bank, if not paid on demand,
may bring an action of assumpsit against one or all of the
directors who may have consented to issue more than twice
the stock paid in: Provided3 The bank be unable to pay the
amount.
Sec. 7. Be it further enacted, That in case of insolvency
of the bank hereby created, or ultimate inability on the part
of the corporation to pay, the individual stockholders shall be
liable to creditors in the sum double the amount of stock by
them respectively held in said corporation.
Sec. 8. Be it further enacted, That the directors shall be
required to keep open the subscription books until the whole
of the stock is taken.
Sec. 9. Be-it further enacted, That if any director, or any
other officer, agent or servant of said corporation, shall em¬
bezzle any of the funds belonging to said bank, with intent to
1860-61. Chap. 64.
19
defraud said corporation or any other person whatsoever, said
officer, agent or servant shall be held and deemed guilty of a
felony, and upon conviction thereof, by due course of law,
shall be punished by fine, at the discretion of the court, and
imprisonment not exceeding five years.
Sec. 10. Be it further enacted, That the president or tax on stock,
cashier of said bank shall annually pay into the treasury of
the State fifteen cents on each share of said capital stock
which has been subscribed for and paid in ; and the first pay¬
ment of said tax shall be made twelve months after said stock
shall have been subscribed and paid, and the General Assem¬
bly reserves to itself the powers, whenever it shall be deemed
necessary, to increase said tax to a sum not exceeding fifty
cents on each share of said capital stock: Provided, That the Proviso,
tax in this case shall not be greater than imposed on shares
in such other banks as may be chartered at this or some other
succeeding session of the General Assembly: And provided
further, That this or any other General Assembly shall have
power to tax the dividends belonging to individuals and in¬
corporations ; said tax shall not exceed the tax on the interest
of money loaned.
Sec. ll. Be it further enacted, That the directors of said dividends,
bank may declare, semi-annually, dividends of profits thereof;
and if at any time more than the real profits are divided, the
directors assenting thereto shall be responsible, in their pri¬
vate capacities, to the creditors who have claims against said
institution.
Sec. 12. Be it further enacted, That the president of this condition of the
bank shall, on the first day of March and September in each bank"
and every year, transmit to the public treasurer a full state¬
ment of the condition of the bank, exhibiting the amount of
the capital stock, notes in circulation, debts due to other banks
and what banks, deposits, and all other particulars necessary
to explain the debit side of the account; also, specie on hand,
notes of other banks and what banks, bills of exchange, debts
or 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 real estate, and publish the same in two
newspapers, one of which shall be in Raleigh.
20
1860—*61. Chap. 64.
False returns.
Penalty.
Stock to be
To make loans
to the State.
No issues le33
than $5.
Gifts, &c., to
officers.
Sec. 13. Be it further enacted, That if any president,
cashier, clerk or other officer of the aforesaid bank, shall
knowingly, wilfully, and with intent to deceive, make or cause
to be made, or connive at making, any false returns, statement
or exhibit of the condition of the bank, either to the treasurer
of the State, to the General Assembly, 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, cashier,
clerk or other officer, and all persons aiding or abetting in
such deception or false return, shall be liable to be indicted
for misdemeanor in the superior court, and, upon conviction,
shall be fined at the discretion of the court, or imprisoned not
"exceeding one year.
Sec. 14. Be it further enacted, That if it shall happen,
when books shall be opened as aforesaid, that a greater sum
than two hundred thousand dollars shall be subscribed by in¬
dividuals or by bodies corporate, it shall and may be lawful
for the commissioners to reduce such subscriptions, according
to a scale by them to be established for that purpose, to the
aforesaid sum of two hundred thousand dollars: Provided,
That no subscription of two shares or under shall be scaled
until all larger subscriptions shall be reduced to an equality
with them.
Sec. 15. Be it further enacted, That the said bank shall,
from time to time, when called on, after two months' notice in
writing, make loans of money to the State of North-Carolina,
whenever the same shall be applied for by authority given by
the General Assembly: Provided, That the amount loaned
shall at no time exceed the sum of eight per cent, on the
capital stock subscribed.
Sec. 16. Be it further enacted, That no bill, promissory
note, check or certificate of deposit shall be issued or re-issued
by the corporation for a less amount than five dollars; and all
bills, notes, checks, or certificates of deposits, intended for
circulation, over five, shall be ten, or the multiple of ten.
Sec. 17. Be it further enacted, That no officer or director
of said bank shall, at any time, receive any gift, gratuity or
reward from any person or persons obtaining a discount or
Other accommodation at such bank, on account of or by reason
1860-61. Chap. 64-65.
21
of said accommodation; and no officer or director of said bank
shall, at any time, purchase any note, bill, or other evidence
of debt with his own funds, and afterwards place the same in
said bank as the property of the Same, or to the use of the
same; and all persons so offending shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be fined and impri- penalty ftwre-
soned, at the discretion of the court trying the same: Pro-06171113 em'
vided, That the said offence shall be cognizable in the superior
courts only.
Sec. 18. Be it further enacted, That no director or other compensation
officer of said bank shall, directly or indirectly, receive anyt0 dlrectors'&c-
compensation for any agency in negotiating any business with
the bank or its agencies, in procuring discounts, renewing notes,
or receiving moneys for individuals, or notes discounted; and
any such director or other officer thus receiving compensation
shall be removed from office, and be disqualified from there¬
after holding any office in said bank or any of its agencies.
Sec. 19. Be it further enacted, That the bank shall at no circulation,
time have a circulation more than twice the amount of its
capital actually paid in, nor more than three times the amount
of specie on hand.
Sec. 20. Be it further enacted, That whenever said bank Suspensions,
shall suspend specie payment, unless under the advice of the
governor and council, it shall pay into the State treasury five
per cent, on the amount in circulation at the time of suspen¬
sion, to be ascertained upon the oath of the cashier, and col¬
lected by the treasurer of the State.
Sec. 21. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 22d day of
February, 1861.]
AN ACT TO INCORPORATE THE BANK OP THOMASVILLE. Chap. 65.
Section 1. Be it enacted by the General Assembly of the incorporated.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a bank be established in the town of
Thomasville, the capital stock of which shall not exceed three
hundred thousand dollars, divided iuto shares of fifty dollars
each, and for the purpose of receiving subscriptions for said
22
1860-'61. CHAP. 65.
stock, books shall be opened on the 15th day of February, 1861,
or within twenty days after the ratification hereof, and remain
open for the space of sixty days at Thomasville under the super-
commissioners. intendence of Jesse Shelly, David Loftin, D. W. C. Johnson
and David Helper; and at Lexington under the superinten¬
dence of Samuel Hargrave, Ben. Kittrell, Alfred Hargrave,
E. D. Hampton and J. Anderton, or a majority of them; in
Greensborough, under the direction of C. P. Mendenhall, Ralph
Gorrell and J. M. Morehead, or a majority of them; at Ash-
borough, under the direction of Jonathan Worth, B. F. Hoover
and J. M. Worth, or a majority of them; at Gold Hill, under
the superintendence of Moses Holmes, Brantley Harris and
Reuben Holmes, or a majority of them; at Clemonsville, under
A. C. Whorton, Lewis Hains and B. C. Douthitt.
Payment of Sec. 2. Be it further enacted) That one-fifth of such shares
shall be paid in gold or silver to the commissioners above named,
or those appointed by them, at the time of subscription; that
another fifth shall be paid within sixty days thereafter; that
another fifth shall be paid within one hundred and twenty days
thereafter; that another fifth shall be paid within three months
after the time appointed for paying the third instalment; and
the remaining fifth shall be paid within three months after the
time of paying the fourth instalment; and if any subscriber
fail to pay any instalment at the time stipulated, he shall pay
interest thereon 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 remainder, if any, of such sale
Proviso. to be paid over to the subscriber: Provided, That after the
bank shall have been organized, as hereinafter provided, the
remaining unpaid instalment shall be paid to the directors, or
their agents; and it shall be lawful for any subscriber to pay
the whole of his subscription, or any greater part than is hereby
required, before the time limited for the same, and every sub¬
scriber so paying in advance shall have a discount at the rate
of six per cent, per annum on each advance, computing the
same from the time when payment is made to the time when it
is required to be made.
Sec. 3. Be it further enacted, That when one thousand
1860-61. Chap. 65.
23
shares are subscribed, and the sum of twenty-five thousand dol- when to g0 into
lars actually paid to the commissioners aforesaid, the subscri- operation,
bers to the said bank, their successors and assigns, shall be, and
are hereby created a body-politic in law and in fact, by the
name and style of the Thomasville Bank, and shall so continue
until the first day of January, 1890; and by the name and
style aforesaid, they shall be able and capable in law to h^ve,
purchase, receive, possess and enjoy, and retain to themselves powers,
and successors, lands, tenements, rents, hereditaments, goods,
chattels and effects, and the same to grant, devise, alien
and dispose of, to sue and be sued, plead and be im¬
pleaded, answer and be answered, defend and be defended
unto, in courts of record, or in any place whatsoever;
and also to make, have and use a common seal, and the same
to break, alter or renew at their pleasure ; and also to ordain,
establish and put into execution such by-laws, ordinances and,
regulations as shall seem necessary and convenient for the.
government of said corporation, and for the making whereof
general meetings of the stockholders may be called in the man¬
ner hereinafter specified and generally to do, execute all acts,
matters and things which a corporation and body-politic in law
may or can fully execute, and be subject to the rules, regula¬
tions and provisions hereinafter prescribed and declared.
Sec. 4. Be it farther enacted, That if it shall happen when stock to ba
the books shall be opened as aforesaid, that a greater sum than
three hundred thousand dollars shall have been subscribed by
individuals or by bodies corporate, it shall be lawful for the
commissioners to reduce such subscriptions according to a scale
to be by them established for that purpose to the aforesaid
amount of three hundred thousand dollars : Provided, That
no subscriptions of two shares or under shall be scaled until
all larger subscriptions shall first be reduced to an equality
with them, and if one thousand shares should not be subscribed
within the sixty days aforesaid, the commissioners may keep
open the books for subscription twelve months longer, unless
the sum be sooner subscribed; and the directors elected as
hereinafter prescribed, should be allowed to keep open the sub¬
scription-books until the whole of the stock shall be taken;
and open and close the same previous thereto at their discre-
1860—61. Chap. 65.
tion; the commissioners appointed to receive subscription at
Lexington, Greensborough, Asheborough, Gold Hill, Clemons-i
ville and other places, shall pay over to the commissioners
herein appointed to receive subscription at Thomasville, in the
county of Davidson, all moneys paid to them on stock sub¬
scribed immediately after receiving the same.
Notice of meet- Sec. 5. Be it further enacted, That as soon as one thou-
1Dg" sand shares shall be taken in the stock of said bank, and
twenty-five thousand dollars paid to the commissioners who
keep the books, notice shall be given in the Greensborough
Patriot, published in the town of Greensborough, or in some
other public manner, and a meeting of the subscribers, to be
held ten days at least after the date of the notice, shall be
called, and if at this meeting those or their agents who have
a majority of votes, according to the rules hereinafter described,
be present, if not another meeting shall be called, they shall
Election of di- proceed to the election of seven directors, who shall take charge
rectors.
of the books and money in the hands of the commissioners, and
immediately pursue the usual means to put the bank into ope¬
ration. The said directors shall remain in office until the time
Term of office.
which shall be prescribed in the by-laws of the said corporation
for the annual meeting of the stockholders, or until their suc¬
cessors shall be appointed. At the time which shall be prescribed
as aforesaid in each year, or at any time thereafter, meetings
of the stockholders shall be held in the town of Thomasville
for the purpose of electing directors, inquiring into the affairs
of the institution, and making such regulations as may be
deemed fit and necessary.
Buiea, &c. Sec. & further enacted, That the following rules,
regulations and provisions shall form and be the fundamental
articles of the constitution of the corporation : a meeting of
the stockholders cannot be held unless those who have a major¬
ity of the whole number of votes be present, and every act
shall require the sanction of the majority of the votes which
Vote of stock, may he present; every stockholder holding one share and not
more than two, shall be entitled to one vote ; for every two
shares above two and not exceeding ten, one vote; for every
three shares above ten and not exceeding forty, one vote;
for every six shares above forty and not exceeding one hun¬
dred, one vote; for every ten shares above one hundred not
1860-61. Chap. 65.
25
exceeding two hundred, one vote; for every twenty shares
above two hundred, 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 himself being a stockholder; none but a stock¬
holder who is a citizen of the State shall be eligible as a direc¬
tor, and the stockholders shall appoint annually seven directors Directors, how
to manage the bank, and when appointed, they shall chooseappointed-
one of their number to be president of the bank, and shall
manage the institution as shall seem best, unless otherwise di¬
rected by the stockholders; not less than three directors, of
whom the president shall always be one, shall constitute a QUOrum.
board for the transaction of business, except in case of absence
Or sickness of the president, when he may, by writing, nominate
any other director to supply his place. If a vacancy in the
directory shall occur by death, resignation, or otherwise, the
remaining directors shall fill such vacancies until the succeed¬
ing annual meeting of the stockholders—a number of stock¬
holders not less than ten, who, together, shall be owners of
five hundred shares or upwards, shall have power at any time
to call a general meeting of the stockholders for purposes rela- General meet>
tive to the institution, giving at least twenty days' notice in ins3-
public gazette, and specifying the object or objects 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 secu-Bonds of of-
• ficcrs*
rities, in sums in not less than fifteen thousand dollars, with a
condition of good behavior and faithful performance of duty;
they shall be allowed by the directors such compensation for
their services as shall be deemed reasonable, but compensation
to the president and directors shall be granted at the pleasure
of the stockholders. The stock of said corporation shall be stook ^
assignable and transferable according to the rules which shallabIe-
be instituted in that behalf by the laws and ordinances of the
same.
Sec. 7. Be it further enacted, That the said corporation What the bank
shall neither directly nor indirectly trade in anything exceptmay trade in*
26
1860-'61 CHAP. 65.
bills of exchange, promissory notes, and bonds expressing
on the face of them to be negotiable and payable at said
bank, gold and silver bullion, or in sale of goods, really and
truly pledged for money lent and not redeemed in due time,
or in goods which shall be the produce of its lands, or in
mint certificates and the public debts of the United States and of
proviso. this State: Provided, The investment in such stocks shall not
exceed one-half of the capital stock of this bank. The said
corporation shall purchase and hold only such lands, tenements
as shall be required for the convenient transaction of its busi¬
ness, or shall have been bona fide mortgaged to it in satisfac¬
tion of debts previously contracted in course of its dealings,
or purchased at sale upon judgments which shall have been
obtained for such debts.
„ L r. L , Sec. 8. Be it further enacted, That the said corporation
Rate of interest. ' 7 r
shall not take more than six per cent, per annum for or upon
the loans or discounts, which interest may be received in ad¬
vance at the time of discount; and the said bank shall at no
time have in circulation more than twice the amount of its cap¬
ital actually paid in.
Sec. 9. Be it further enacted, That bills obligations (obli-
Biiis obligatory Satory) an(^ °f credit under the seal of said corporation,
and of credit, which shall be made to any person or persons, shall be assign¬
able by endorsement thereon, under the hand or hands of such
person or persons, and of his, her or their assignee or assign¬
ees, and so as absolutely to transfer and vest the property
therein each and every assignee or assignees successively, and
to enable such assignee or assignees to bring and maintain an
action thereon in his or her or their name or names; and bills
or notes which may be issued by order of the 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 corporation, shall be binding and obligatory on the same
in the like manner, and with the like force and effect, as to say,
those which shall be payable to any person or persons, his, her
or their order shall be assignable by endorsement in like man¬
ner and with like effect, as foreign bills of exchange now are,
1860-61. Chap. 65.
27
and those which are payable to the hearer shall be negotiable
and assignable by delivery.
Sec. 10. Be it further enacted, That no note shall be is-Not to issue
. . notes less than
sued by said bank under the denomination of five dollars, and P-
if over five dollars, none unless it be of the denomination of
ten or its multiple ; and that if any person or persons holding
any note or notes of said bank shall present the same for pay¬
ment, and payment shall be refused, the said note or notes Refusal to pay
shall draw interest at the rate of twelve per cent, per an-notes'&0'
num from the time of said demand, and the said bank shall
pay the same, any law to the contrary notwithstanding;
and the holder of said note or notes of said bank, not paid
on demand, may bring an action of assumpsit against one or Remedy,
all of the directors who may have consented to issue more than
twice the capital stock paid in cash, [if] the bank be unable to
pay the amount: Provided always, That if any note or notes Provigo
of the said bank shall be presented for payment by or for
any bank or banks or agency of any bank, either directly
or indirectly, it shall be lawful to pay the same or any part
thereof with the note or notes of the bank, by or for which
the demand shall have been made, whether made at the in¬
stance of the principal bank, its branch or agency, without
regard to the place.
Sec. 11. Be it further enacted, That the directors of said dividends,
bank may declare semi-annually dividends of the profits
thereof: Provided, That no dividend shall be declared until
the whole amount of stock subscribed shall be paid in gold or
silver; and if at any time more than the real profits are di¬
vided, the directors thereto assenting shall be responsible in
their private capacity to creditors who have claims against the
said institution.
Sec. 12. Be it further enacted, That in case of any insol-*Inaolvency#
vency of the bank hereby created, or ultimate inability to pay,
the individual stockholders shall be liable to creditors in sums
double the amount of stock by them respectively held in said
corporation.
Sec. 13. Be it further enacted, That the officer at the head condition 0f the
of the Treasurer Department of the State shall be furnished, bank-
once in three months, with the statement of the amount of the
capital stock of said corporation, and the debts due to the same,
28
1860-'61.—-Chap. 65.
of the moneys deposited therein of the notes in circulation, and
of the cash on hand, and shall have a right to inspect such
general accounts in the books of the bank as shall relate to said
statements, and shall publish the same in two newspapers, one
of which shall be in the city of Raleigh: Provided, That this
shall not be construed to a right of inspecting the accounts of
any private individual with the bank except the directors ; and
it shall be the duty of the president of the bank, in the first
week in December in each and every year, to transmit to the
General Assembly a full statement of the condition of the
bank, exhibiting the amount of capital in circulation, debts due
to other banks, and to what banks, deposits, and all other par¬
ticulars necessary to explain the debit side of the accounts; also
the specie on hand, notes on other banks, and what banks, bills
of exchange, debts or 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 per¬
son's name in either case, and the Peal estate, and shall publish
similar statements in two papers of the largest circulation, one
in the city of Raleigh, and one in the town of Thomasville, on
the first day of January of each year, and every three months
thereafter.
Forging, coun- Sec. 14. Be it further enacted, That if any person falsify
[falsely] make, forge or counterfeit, or cause or procure to be
falsely made, forged or counterfeited, and willingly aid or assist
in falsely making, forging or counterfeiting any bill or note in
imitation of, or purporting to be a bill or note issued by order
of the president and directors of the Bank of Thomasville, or
any order or check upon said bank or corporation or the cash¬
ier thereof, or shall falsely alter, or willingly aid or assist in
falsely altering any bill or note issued by order of the said
corporation, or any order or check on said bank or cashier
thereof, or shall pass or receive with intent to pass, alter or
publish as true any false, forged or counterfeited bill or note
purporting to be a bill or note issued by order of said corpora¬
tion, or any false, forged or counterfeit" check or order upon
the said bank or the cashier thereof, knowing the same to be
falsely forged or counterfeited, or shall pass or receive with
intent to pass off, or publish as true, any falsely altered check
1860-61. Chap. 65.
29
or order on said bank or the cashier thereof, or falsely alter [any]
bill or note issued by order of said bank, knowing the same to
be falsely altered, with intent to defraud said corporation or
any other body-politic, or person or persons, 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-Penalty-
ceeding ten years, and be fined not exceeding five thousand
dollars.
Sec. 15. Be it further enacted, That the president or cash-tax on stock,
ier shall annually pay into the Treasury of the State fifteen
cents on each share of said capital stock, which may have been
subscribed and paid in, and the first payment of said tax shall
be made twelve months after [the] bank shall have commenced
operations, which tax may be increased at any time not ex¬
ceeding fifty cents per share, as the General Assembly may
direct, or exigencies of the State require in equalizing taxa¬
tion : Provided, That nothing herein contained shall be so con-Proviso-
strued as to prevent the legislature from taxing dividends due
private stockholders or corporations in said bank.
Sec. 16. Be it further enacted, That if any president, cashier, false returns,
clerk, or other officer of the aforesaid bank shall knowingly,
wilfully, and with intent to deceive, make or cause to be made,
or connive at making any false return, statement or exhibit of
the condition of the bank, either to the treasurer of the State,
to the legislature, or to the board of directors of the bank,
or to the stockholders, or to any other person or persons
that may be authorized by the legislature, or by the stock¬
holders, to receive the same, such president, directors, cash¬
ier, clerk, or other officer, and all persons aiding or abetting
in such deception or false return, shall be liable to be indicted
for a misdemeanor [in] the superior court, and upon convic- Penalty.
tion shall be fined at the discretion of the court, and imprisoned
not exceeding one year.
Sec. 17. Be it further enacted, That if a director or any Embezzie-
i * . i , ii i ments, &c-
other officer, agent or servant ot said corporation shall embez¬
zle any of the funds belonging to said bank, with the intent to
defraud said corporation or make false entries upon the books
of said bank, with intent to defraud said corporation, or any
other person whatsoever, said officer, agent or servant shall be
held and deemed guilty of felony, and upon conviction thereof
80
1860-61. Chap. 65.
Penalty.
Violation of
charter.
Books to be
kept.
by due course of law, shall be punished by fine, at the discretion
of the court, and imprisoned not exceeding five years.
Sec. 18. 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 assis¬
tant counsel as the governor or legislature may think proper
to engage, to issue a writ of scire facias, returnable before the
judge of the supreme court, calling upon said corporation to
show cause why the charter hereby granted shall not be for¬
feited, subject to the same proceedings as are now prescribed
by law in cases of a corporation.
Sec. 19. Be it further enacted, That the cashier shall keep
a book to contain the proceedings of the board of directors, the
names of those present, the day and date of each meeting; and
shall record the yeas and nays on any question when asked
for by any director ; this book shall be evidence in courts of
justice, and on entering on the discharge of his duties the
cashier shall take the following oath before some justice of the
peace, by whom it shall be returned to the office of the county
oath of cashier, court: " I, A B, do solemnly swear to keep a just and true
record, without alteration or erasures, of the transactions of the
board of directors of the Bank of Thomasville, in a book kept
by me for that purpose."
Suspension of ®EC" Be & further enacted, That whenever said bank
specie payment, suspend specie payment, unless under the advice of the
governor and council, it shall pay into the State Treasury, at
the rate of four per cent, on the amount in circulation at the
time of suspension, to be ascertained upon the oath of the
cashier, and collected by the treasurer of the State.
Sec. 21. Be it further enacted, That the board of directors
be, and they are hereby authorized and required to establish
a branch of said bank at the town of Concord, in Cabarrus
county i Provided, The sum of fifty thousand dollars be sub¬
scribed at that place to the capital stock of said bank.
Sec. 22. Be it further enacted, That the board of directors
be, and they are hereby authorized and required to establish
a branch of the said bank at Beaufort or Morehead City, in
Carteret county, of fifty thousand dollars to the capital stock
thereof, at Beaufort or Morehead City.
Branches.
Branches.
1860-61. Chap. 65-66.
31
Sec. 23. Be it further enacted?, That this act shall be in
force from and after its ratification. [Ratified the 25th day
of February, 1861.]
an act to incorporate the bank op western north Chap. 66.
carolina.
Section 1. Be it enacted by the G-eneral Assembly of reincorporated.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a bank shall be established, either in
the town of Franklin, Webster or Waynesville, with agencies,
Jsnown as the Bank of Western North Carolina; the capital
stock of which shall not exceed four hundred thousand dollars,
divided into shares of one hundred dollars each; and that for
the purpose of receiving subscriptions for said stock, books
shall be opened on the 4th Monday of September, 1861, and
remain open for thirty days at Franklin, under the superinten¬
dence of N. G. Allman, Jackson Johnston, J. M. Lyle, W.
Trotter, J. R. Siler, and Milliard Love.
Sec. 2. Be it further enacted, That one-tenth of such shares payment of
shall be paid in gold and silver to the commissioners above
named, at the time the commissioners meet for organizing the
bank; that another tenth shall be paid within ninety days;
that another tenth shall be paid within one hundred and twenty
days, and that the remainder shall be paid as the president
and directors hereafter provided to be elected may direct; and
if any subscriber shall fail to pay any instalment at the time
stipulated, he shall pay the interest thereon 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 deficit instalment, and he shall be held respon¬
sible for the same at the option of the bank, and the balance, if
any, to be paid over to the said subscriber.
Sec. 3. Be it further enacted, That when one thousand to go into
shares are subscribed, and the sum of fifty thousand dollars0peratl0n-
actually paid to the commissioners, the subscribers to the said
bank, their successors and assigns, shall be and are hereby
created a body politic in law and in fact, by the name and style
of the Bank of Western North Carolina, and shall so continue
32
1860-61. Chap. 66.
until the first day of January, one thousand eight hundred and
ninety-one, and by the name and style aforesaid, they shall be
Powers. and are hereby made able and capable in law, to have, pur¬
chase, receive, possess, enjoy and retain to themselves and suc¬
cessors, lands, tenements, rents, hereditaments, goods, chattels
and effects, and the same to grant, alien and dispose of, to sue
and bes sued, plead and be impleaded, answer and be answered,
defend and be defended in courts of record, or any other place
whatsoever, and also to make, have and use a common seal,
and the same break, alter or renew at pleasure, and also to
ordain, establish and put in execution, such by-laws, ordinances
and regulations as shall seem necessary and convenient for the
government of said corporation; and for making whereof,
general meetings of the stockholders may be called in the man¬
ner hereinafter specified, and generally to do and exeeute all
matters, acts and things which a corporation and body politic
in law may or can lawfully execute, and be subject to the rules,
regulations and restrictions and provisions hereinafter pre¬
scribed and declared.
Notice of meet- Sec. 4. Be it further enacted, That as soon as one thousand
imVers!001*" shares shall be taken in the stock of said bank, and fifty thou¬
sand dollars paid to the commissioners who keep the books,
notice shall be given in the newspapers published in the town
of Franklin. A meeting of the subscribers shall be called to
be held at least thirty days after the date of the notice; if at
this meeting they, or their agents, who have a majority of the
votes, according to the rates hereafter described, be present, if
Directors to be not, another meeting shall be called, they shall proceed to the
elected. election of nine directors, who shall take charge of the bank
and money in the hands of the commissioners, and immediately
pursue the usual means to put the bank in operation; said
Term of office, directors shall remain in office until the fourth Monday in Sep¬
tember, eighteen hundred and sixty-two, or until their suc¬
cessors shall be appointed; and on the fourth Monday in
September in each year, or at any time thereafter, meetings of
the stockholders shall be held in the town where the same is
located, for the purpose of electing directors, enquiring into the
affairs of the institution, and making such other regulations as
may [be] deemed fit and necessary.
1860—'61. Chap. 66.
33
Sec. 5. Be it further enacted, That the following rules, Rules, regula-
regulations and provisions shall form and be the fundamental '
articles of the constitution of the corporation: A meeting
of the stockholders cannot be held unless those who have a
majority of the number of the votes be present, and every act
shall require the sanction of the majority of the votes which
may be present. Every stockholder holding one share, and vote of the
not more than two shares, shall be entitled to one vote; for
every two shares above two, and not exceeding ten, one vote;
for every three shares above ten, and not exceeding one hun¬
dred, one vote; and for every four shares above one hundred,
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; the stock¬
holders may vote at the general meetings and elections by
proxy, the proxy himself being a stockholder. No president,
cashier, director, agent or clerk of the bank, shall be permitted Proxies,
to vote as proxy for another; none but a stockholder who is a
citizen of the State shall be eligible as a director. The direc¬
tors, when appointed, shall choose one of their number (which
shall always be seven) to be president of the bank, and shall president, &c.
manage the institution as shall seem best to them, unless other¬
wise directed by the stockholders; but compensation to the
president and directors shall be granted at the pleasure of the
stockholders; not less than three directors, of whom the presi¬
dent shall always be one, shall constitute a board for the trans¬
action of business, except in case of absence or sickness of the
president, when he may in writing appoint another director to
supply his place. A number of stockholders, not less than
ten, who together shall be the owners of two thousand shares
and upward, shall have power at any time to call a general General meet-
meeting of the stockholders for purposes relating to the in-ings'
stitution, giving at least thirty days' notice in a newspaper
published in the town of Franklin, and specifying the object or
objects of such meeting or meetings. The directors shall an¬
nually elect such officers as may be deemed necessary to per- officers,
form the business of the bank, and may remove them, or either
of them, at pleasure; these officers shall be required to give
bonds, with two or more sureties, in sums not less than ten
thousand dollars, with condition of good behavior and faithful
3
34
1860-61. Chap. 66.
Proceedings of
the board,
Oath of 'cashier,
Powers of the
bank.
What it may
deal in.
Proviso.
Circulation.
Vacancies.
Stock trans¬
ferable.
Condition of
the bank.
performance of duty. The cashier shall keep a hook to con¬
tain the proceedings of the board of directors, the names of
those present, the date and day of each meeting, and shall
record the ayes and nays on any question, when asked for by
any director; this book shall be evidence in courts of justice.
On entering on the discharge of his duties, the cashier shall
take the following oath or affirmation before some justice of the
peace, by whom it shall be deposited in the office of clerk of
the county court of the county where the bank is located, viz:
" I, A. B., do solemnly swear or affirm (as the case may he) to
keep a just and true record, without alteration or erasure, of
the transactions of the board of directors of the Bank of West¬
ern North Carolina, in a book to be kept for that purpose."
The said corporation shall purchase and hold such lands, tene¬
ments, rents and hereditaments as shall be required for the
transaction of its business, or shall have been hona fide mort¬
gaged to it by way of security, or conveyed to it in satisfaction
of debts previously contracted in course of its dealings, or pur¬
chased at sales upon judgments which shall have been obtained
on such debts. The said corporation shall neither directly nor
indirectly trade in any thing except bills of exchange, promis¬
sory notes, gold or silver bullion, or in the sale of goods really
and truly pledged for money lent and not redeemed in due time,
or in goods which shall be the produce of its lands, mint certifi¬
cates, and the public debt of the State: Provided, That the in¬
vestment in such stock shall not exceed one-half of the capital
stock of said bank; neither shall said corporation take more
than the rate of half per cent, for thirty days, for or upon its
loans or discounts, which interest may be taken in advance at
the time of discount. £he total amount of notes which said
corporation shall at any time [have] in circulation, shall not ex¬
ceed twice the amount of stock actually paid in. If a vacancy
in the directory shall occur by death, resignation or otherwise,
the remaining directors shall fill such vacancy until the suc¬
ceeding annual meeting of the stockholders. The stock of
said corporation shall be assignable and transferable accord¬
ing to the rules which shall be instituted in that behalf by the
by-laws and ordinances of the same. The officers at the head
of the treasury department of the State shall be furnished once
in six months with a statement of the amount of the capital
1860-61. Chap. 66.
85
stock of said corporation, and debts due tbe same, and the
money 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 state¬
ment : Provided, That this shall not be construed into a right Proviso,
of inspecting the account of any private individual with the
bank, except the directors. The bills obligatory and of credit Bills obligatory
under seal of said corporation, which shall be made to any per¬
son or persons, shall be assignable by endorsements thereon
under the hand or hands of such person or persons, and of his
or her assignee or assignees, and so as absolutely to transfer
and invest the property therein, and [in] each and every assignee
or assignees successfully [successively], and to enable such as¬
signee or assignees to bring and maintain an action thereupon in
his, her, or their name or names; and bills or notes which may
be issued by order of such 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 incorporation, shall
be binding and obligatory on the same in like manner and
with like force and effect as upon any private person or per¬
sons ; that is to say, those which shall be payable to any per¬
son or persons, his, her or their order, shall be assignable by
endorsement in like manner and with like effect as foreign
bills of exchange now are, and those which are payable to
bearer shall be negotiable by delivery only.
Sec. 6. Be it further enacted, That any person or persons Refusal to pay
holding a note or notes of said bank, shall present the same for notes?&c'
payment, and if payment shall be refused, the said note or
notes shall draw interest at the rate of twelve per centum per
annum from the time of said demand, and the said bank shall
pay the same, any law to the contrary notwithstanding; and
the holder of the notes of said bank, if not paid on demand,
may bring an action of assumpsit against one or all of the penaity.
directors who may have consented to issue more than twice the
amount of stock paid in: Provided, The bank be unable to
pay the amount.
Sec. 7. Be it further enacted, That in case of insolvency of insolvency,
the bank hereby created, or ultimate inability on the part of
the corporation to pay, the individual stockholders shall be
36
1860-'61. Chap. 66.
liable to creditors in the sum double the amount of the stock by
them respectively held in said corporation.
Books of stock Sec. 8. Be it further enacted, That the directors may keep
S]>en.bekept open the subscription books until the 'whole of the stock shall
be taken : Provided, That if the sum of fifty thousand dollars
is not subscribed and paid in within two years after the ratifi¬
cation of this act, then the whole of this act shall be null and
void.
Embezzlement. Sec. 9. Be it further enacted, That if any director, or any
other officer, agent or servant of said corporation shall embez¬
zle any of the funds belonging to said bank, with intent to de¬
fraud said corporation, or any other person whatsoever, said
officer, agent or servant shall be held and deemed guilty of a
felony; and upon conviction thereof, by due course of law,
Penalty. shall be punished by fine at the discretion of the court, and
imprisoned not exceeding five years.
Tax on stock. Sec. 10. Be it further enacted, That the president or cashier
of said bank shall annually pay into the treasury of the State,
thirty cents on each share of said capital stock which has
been subscribed for and paid in, and the first payment of said
tax shall be paid twelve months after said stock shall have been
subscribed and paid; and the General Assembly reserves to
itself the power, whenever it shall be deemed necessary, to in¬
crease said tax to a sum not exceeding one dollar on each
proviso. share of said capital stock: Provided, That the tax in this
case shall not be greater than that imposed on shares in such
other banks as may be chartered at this or some other succeed-
Proviso. ing session of this General Assembly: And provided further,
That this or any other General Assembly shall have the power
to tax the dividends belonging to individuals and incorpora¬
tions. Said tax shall not exceed the tax on the interest of
money loaned.
Dividends. Sec. 11. Be it further enacted, That the directors of said
bank may declare semi-annual dividends of profits thereof; and
if at any time more than the real profits are divided, the direc¬
tors assenting thereto shall be responsible in their private
capacities to creditors who have claims against said institution,
condition of the Sec. 12. Be it further enacted, That the president of this
bank" bank shall, on the first day of March and the first day of
September in each and every year, transmit to the public trea-
1860-61. Chap. 66.
37
surer a full statement of the condition of the bank, exhibiting
the amount of the capital stock, notes in circulation, debts due
to other banks, and what banks, deposits, and all other parti¬
culars necessary to explain the debit side of the account; also
specie on hand, notes of other banks, and what banks, bills of
exchange, debts, or bonds, and notes discounted; specifying in
one item the amount due from stockholders, [and in another the
amount due from stockholders,] and in another the amount due
from directors, not, however, using any person's name in any
case, and real estate; and the said corporation shall publish,
at its own expense, a copy of said statement quarterly, in one
newspaper published in the city of Raleigh.
Sec. 13. Be it further enacted, That if any president, Faise returns,
cashier, clerk, or other officer of the aforesaid bank, shall know¬
ingly, and with intent to deceive, make, or cause to be made,
or connive at making, any false return, statement or exhibit of
the condition of the bank, either to the treasurer of the State,
to the General Assembly, 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 re¬
ceive the same, such president, cashier,-clerk, or other officer,
and all persons aiding or abetting in such deception or false
return, shall be liable to be indicted for misdemeanor in the
superior courts, and upon conviction, shall be fined at the dis- Penalty,
cretion of the court, or imprisoned not exceeding one year.
Sec. 14. Be it further enacted, That if it shall happen, stock may be
when books shall be opened as aforesaid, that a greater sum
than four hundred thousand dollars shall be subscribed by indi¬
viduals, or by bodies corporate, it shall and may be lawful for
the commissioners to reduce such subscription by them to be
established for that purpose, t<? the aforesaid amount of four
hundred thousand dollars: Provided, That no subscription of Proviso.
— shares, or under, shall be scaled, until a larger subscription
shall be reduced to an equality with them.
Sec. 15. Be it further enacted, That the said bank shall, To loan to
from time to time, when called on, after two weeks' notice in
writing, make loans of money to the State of North Carolina
whenever the same shall be applied for, by authority given of
the general assembly: Provided, That the amount loaned
shall at no time exceed the sum of five per cent, on the capital
stock subscribed.
38
1860-61. Chap. 66.
No note to be
issued less
than $3.
Gifts to officers,
Penalty for re¬
ceiving such.
Compensation
to ofhcers.
Suspensions.
Usury.
Sec. 16. Be it further enacted, That no bill, promissory
note, check or certificate of deposit, shall be issued or re-issued
by the corporation for a less amount than three dollars, nor
shall the said bank pay out the bills or notes of other banks, of
a less denomination, unless it be in settlement with other
banks.
Sec. 17. Be it further enacted, That no officer or director of
said bank shall at any time receive any gift, gratuity or reward
from any person or persons obtaining a discount or other
accommodation at said bank, on account of or by a reasonable
accommodation; and no officer or director of said bank shall at
any time purchase any note, bill, or other evidence of debt
with his own funds, and afterwards place the same in said bank
as the property of the same, or to the use of the same; and all
persons so offending shall be deemed guilty of a misdemeanor,
and upon conviction, shall be fined and imprisoned, at the dis¬
cretion of the court trying the same: Provided, That the said
offence shall be cognizable in the superior courts only.
Sec. 18. Be it further enacted, That no director, or other
officer of said bank, shall directly or indirectly receive any
compensation for any agency in negotiating any business with
the bank, or agencies, in procuring discounts, renewing notes,
or receiving monies for individuals or notes discounted; and
any such director or other officer thus receiving compensation,
shall be removed from office, and be disqualified from hereafter
holding any office in saj.d bank, or any of its agencies.
Sec. 19. Be it further enacted, That whenever such bank
shall suspend specie payment for ninety days, unless under the
advice and consent of the governor and council, it shall pay to
the public treasurer four per cent, on the amount in circulation
at the time of said suspension, to be ascertained upon the oath
of the cashier, and collected by the treasurer of the State.
Sec. 20. Be it further enacted, That in any suit to which
said bank is a party in interest, in which the question of usury
is involved, the cashier, agent or other officer of said bank,
shall be a competent witness against said bank, notwithstand¬
ing said cashier, agent or other officer may be the payee,
drawer, endorser or acceptor of the bond, note or bill sought
to be avoided or impeached for usury, or which is alleged to be
usurious.
1860-61 Chap. 66-6T.
39
Sec. 21. Be it further enacted, That said bank shall at no
time have in circulation more than twice the amount of the
capital stock actually paid in.
Sec. 22. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 25th day of
February, 1861.]
CAMP GKOUNDS.
an act to establish the balls creek camp ground, in the Chap. 67.
county oe catawba, state of north carolina, and to in¬
corporate the trustees thereof.
Section 1. Be it enacted by the G-eneral Assembly of the Body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That George S. Hooper, Henry Cline,
Elias Smyer, Henderson Sherill, and John F. Pain, and their
successors, be, and they are hereby declared to be a body poli¬
tic and corporate, to be known and distinguished by the name
and style of the "Trustees of the Balls Creek Camp Ground,"
situated and lying in Catawba county, in this State, on the
land now conveyed for that purpose in fee simple to George S.
Hooper, Henry Cline, Elias Smyer, Hend. Sherill and John
F. Pain, in trust, for the use of the Methodist church, contain¬
ing by estimation forty acres, be the same more or less; and
the said trustees shall have succession and a common seal, and Powers,
be capable in law to sue and be sued, plead and be impleaded,
in all courts of law and equity in this State; and they m#y
take, demand, receive and possess all lands and tenements,
moneys, goods and chattels which may be given to them by
will or otherwise, for the use of said camp ground; also to de¬
mand, ask and receive any rents or profits arising from said
land for the purpose aforesaid.
Sec. 2. Be it further enacted, That the said trustees shall powers,
have power to grant, bargain and sell any or all such lands,
rents, tenements and hereditaments, as aforesaid, to any pur¬
chaser, for the purposes of this act, and shall have power to
establish such rules and regulations for the observance of
order, decorum, and the removal of all nuisances from said
40
1860-61. Chap. 67-68.
camp ground, while occupied for worship, and at other times,
not inconsistent with the constitution of the land and laws of
this State.
vacancy in Sec. 3. Be it further enacted, That in case of death, resig-
trustees. nation, or refusal to act, or removal from the State, the
remaining trustees shall have power to fill the vacancy:
Provided, Their number shall not exceed ten nor [be] less than
five trustees.
Sec. 4. Be it further enacted, That this act shall be in
effect from and after its ratification, and that this act may
continue in force for the term of sixty years. [Ratified the
20th day of February, 1861.]
Chap. 68. an act to incorporate sulphur springs camp grounds in
the county op cleaveland.
Body politic. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Dr. W. J. T. Miller, A. J. Hardin,
Rufus Roberts, David Whisnant and James James Roberts, and
their successors, be, and they are hereby constituted a body
politic and corporate, by the name of the " Trustees of Sul¬
phur Springs Camp Ground," and by that name shall have
perpetual succession, and a common seal, may sue and be sued,
acquire and transfer property, and pass all such by-laws, rules
and regulations, for the good government of said camp ground,
as shall not be inconsistent with the constitution and laws of
tkis State and of the United States; and in case of vacancy
by death, resignation or otherwise, the remainder, or a majority
of them, or the conference of the Methodist Episcopal Church
in that circuit, and according to the Discipline and rules of
said church, may appoint successors, who shall have the same
power and authority, as are conferred on the trustees created
by this act.
Sec. 2. Be it further enacted, That this act shall be in
force from and immediately after its ratification, and may con¬
tinue in force for the term of sixty years. [Ratified the 23d
day of February, 1861.
1860-61. Chap. 69-70.
41
an act to incorporate salem camp ground in lincoln Chap. 69.
county.
Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Bartlett Stroup, and William Garri- Body politic,
son and Thomas R. Shuford, and their successors, be, and are
hereby declared a body politic and corporate, to be known and
distinguished by the name and style of the " Trustees of the
Salem Camp Ground," situated in Lincoln county, in North
Carolina, on the land now conveyed for that purpose in fee
simple to Bartlett Stroup, in trust, for the use of the Baptist
Church, containing four acres of land. That the said trustees Powers,
shall-have succession and a common seal, and be capable in
law and equity to sue and be sued in all courts in this State;
and they shall have power to receive all such rents and per¬
quisites that may arise from said lands.
Sec. 2. Be it further enacted, That said trustees shall have Powers,
power to sell all such lands, tenements, and hereditaments as
aforesaid, to any purchaser for the purposes of this act; and
shall have the powpr to establish such regulations and rules for
the observance of order and decorum, and the removal of all
nuisances from said camp ground, while occupied for worship
and at other times : Provided, Such rules and regulations
shall not be inconsistent with the laws of the State.
Sec. 3. B,e it further enacted. That in case of death, re- Vacancies in
r , \ n , n , • b0ard-
signation, refusal to act, or removal irom the State, the remain¬
ing trustees shall have power to fill the vacancy: Provided,
That the number shall at no time exceed five. [Ratified the
22d day of February, 1861.]
COLLEGES.
an act to amend an act entitled "an act to incorporate Chap. 70.
bascom college in the town of leicester, buncombe
county," passed at the session of the general assem¬
bly in the year 1858-9.
Section 1. Be it enacted by the General Assembly of the t^^nmay0berini
State of North Carolina, and it is hereby enacted by the au-creased-
42
1860—'61. CHAP. 70-71.
thority of the same, That the trustees of said college may
increase their number to not more than twenty; and said cor-
Powers. poration may acquire, own and hold, for the purposes of edu¬
cation, all necessary real and personal estate, and may make
all such by-laws and regulations as may be necessary for the
good government of the college,
sale of spiritu- Sec. 2. Be it farther enacted. That it shall not be lawful
ous liquors pro-
hibited. for any, person or persons to sell or barter any spirituous li¬
quors within two miles of said " Bascom College;" and if any
person or persons shall violate the provisions of this section,
such person or persons shall be deemed and held guilty of a
misdemeanor and indictable for the same, and on conviction
shall be imprisoned at the discretion of the court, or fined not
less than ten dollars,
when act to Sec. 3. Be it further enacted. That this act shall take effect
as soon as the trustees of said college, ur a majority of them,
shall signify their acceptance of the same on the minutes of
their proceedings.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. \Ratified the 25th day of
February, 1861.
Chap. 71. AN act f0;r tbce relief of davidson college.
Section 1. Be it enacted by the General Assembly of North
Carolina, and it is hereby enacted by the authority of the same,
Remits tax on That the State of North Carolina hereby remits and releases
the Chambers . J
bequest. any and all claim whatsoever due her for the collateral tax
upon the estate devised and bequeathed to Davidson College by
virtue of the last will and testament of the late Maxwell
Chambers, dec'd: Provided, That all costs and fees shall be
paid by the college.
Sec. 2. Be it further enacted, That this act shall take effect
from and immediately after its passage. [Ratified the 22d day
of February, 1861.]
1860-61. Chap. 72.
43
an act to incorporate judson pemale college in the town Chap. 72.
oe hendersonville.
Section 1. Be it enacted by the General Assembly of the J^tees mcor-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That N. Bowen, James Blythe, A. M.
Hawkins, V. Biply, W. D. Whitted, J. P. Jordan, D. Stradly,
William Patten, J. H. Allen, T. A. Allen, D. King, Joseph
King, S. K. Stansel, W. D. Justice, David Gallen, Benjamin
King, Thomas Stradly, T. B. Justus, T. Davis, C. P. Mingus,
B. H. Moody, N. Edmonston, E. B. Herron, J. Franks, J.. M.
Hamilton, A. J. Cansler and M. Dickey be, and the same are
hereby constituted a body corporate, for the purpose of edu¬
cating females, and for no other purpose whatever, by the name
and style of " Judson Female College," and by that name
shall have a perpetual succession and a common seal, and shall
be able and capable in law or equity to sue and be sued, plead Powers,
and be impleaded, and shall take, demand, receive, and possess
all goods and chattels, lands and tenements which may be
given, and all donations made shall be applied according to
the wish of the donor to the purpose hereinafter declared; and
by purchase or otherwise to take, hold and possess to them and
their successors forever, any lands sufficient for the purposes of
the college, and may purchase and hold for the purposes of the
institution such chattels and personal property as they may
deem necessary: Provided, That the amount of real and per¬
sonal estate shall not exceed at any one time three hundred
thousand dollars.
Sec. 2. Be it further enacted, That the estate, real and Purposes of es-
personal, received or controlled by the trustees of Judson
College shall be for the use and purposes of the Baptist church
of North Carolina.
Sec. 3. Be it further enacted, That the president and pro- Power to confer
fessors of said college, by and with the consent of the trustees,degree3,
shall have the power of conferring all such degrees or marks of
distinction as are usually conferred in colleges or universities.
Sec. 4. Be it f urther enacted, That the said trustees and Appointment of
their successors, or a majority of them present, shall have the prSe^ors.an
power of appointing a president and such professors and tutors
as to them shall appear necessary and proper for said college,
44
1860-61. Chap. 72-73.
•whom they may remove for misbehavior, inability or neglect of
duty, and may from time to time make such by-laws and regu¬
lations for their own government and that of the college as to
them may appear expedient: Provided, That the same are not
inconsistent with the laws or constitution of the State: Pro¬
vided, further, That if a majority of said trustees shall not
convene for the purpose aforesaid, it shall and may be lawful
for five of the trustees and their successors to form a quorum
to do business, and may from time to time make such by-laws
and regulations [as may be deemed necessary.]
Sec. 5. Be it further enacted, That upon the death or
resignation of any of the trustees, or a vacancy from any other
cause, or if the trustees desire to increase their number, then
in any of the above events the Western North Carolina Baptist
Convention shall fill the vacancies or increase the number.
Sec. 6. Be it further enacted, That this act shall take effect
from and after its ratification. [Ratified the 11 th day of
February, 1861.]
Chap. 73. ACT t0 amend an act entitled an act to incorporate
mars hill college, passed at the session op 1858-59.
Body politic. Section 1. Be it enacted by the Ceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That J. W. Anderson, T. S. Denver, E.
Carter, T. W. Bay, P. Anderson, T. J. Bollins, E. S. Carter,
G. D. Bay, J. A. Keeth, Bobert Patterson, John Bodford,
Stephen Ammons, John Ammons, J. W. Booker, Sam'l Smith,
D. G. Carter, T. D. Carter, J. C. James, L. W. James, B. B.
Whittington, B. N. Edwards, E. Jervis, B. Duck, A. J. Cans-
ler, T. B. Justice, J. C. Grayson, L. McCurry, A. M. Hawkins,
N. Bowen, J. B. Duckworth, N. Edmonston, F. Stradley W.
M. Porter, John Parham, J. W. Dickson, Tilmore Blalock, D.
Beane, and G. M. Green shall be and they are hereby declared
to be a body politic and corporate, to be known and disin¬
corporate title. guished by the name and style of the "Mars Hill College,"
and by that name shall have succession and a common seal, and
continue for the term of fifty years; and that the said trustees
and their successors, or a majority of them, by the name afore-
Removals.
Quorum.
Vacancies, &c.
1861-61. Chap. 73.
45
said, shall be able and capable in law to receive and possess all powers of trus-
moneys, goods and chattels, and choses in action, that shall be tees'
given them for the use of the college; and by gift, purchase or
devise, may take and hold to them, and their successors, any
lands, rents, tenements and hereditaments of whatever kind,
nature or quality soever, in special trust and confidence, that the
sum and the profits thereof shall be applied to and for the use
and benefit of said college, and the said trustees shall have such
other powers and enjoy such other privileges and rights as
are usually incident to corporate bodies of a like charter
[character].
Sec. 2. Be it further enacted, That the said trustees, or powers,
their successors, or a majority of them, by the name aforesaid,
shall be able and capable in law to bargain and sell and convey
to the purchaser, any such lands, rents, tenements and here¬
ditaments to which they may be entitled as aforesaid; and
further, that the said trustees, or a majority of them, and their
successors, for the term aforesaid, shall be able and capable
to sue and be sued, plead and be impleaded, in all courts what¬
soever, either of law or equity, of record or otherwise.
Sec. 3. Be it further enacted, That there shall not be lessnUmberof
than thirty nor more than forty trustees for said college at aUytrustees*
time, and that on the death, resignation, or refusal to act
of any of the trustees for the time being, or the removal from
office, by the concurrence of two-thirds of the trustees, for the
neglect of duty or other cause, the vacancy so happening shall Vacancies,
be filled by the Western North Carolina Baptist Convention,
with the concurrence and approval of the said board of trustees,
and the trustees so appointed shall be vested with the same
powers, rights, trust and authority as those appointed by this
act.
Sec. 4. Be it further enacted, That the trustees and their appomtment^of
successors shall have the power of appointing a president and Professors,
such other professors and tutors as to them shall appear neces¬
sary and proper for said college, whom they may remove at Removals,
any time for misbehavior, inability or neglect of duty, and may
from time to time make such by-laws and regulations as they
lpay deem necessary for the government of the college: Pro¬
vided, The same are not inconsistent with the constitution or
laws of the State: Provided, further, That if a majority of
46
1860-'61. Chad. 78-74.
the said trustees shall not convene for the purpose aforesaid,
it shall he lawful for five of the trustees, or their successors,
Quorum. to form a quorum for the transaction of business, and may from
time to time make all necessary by-laws and regulations.
Amount of es- Sec. 5. Be it further enacted, That the whole amount of
tate to be held. , -i-i- -in
real and personal estate belonging to said college shall at no
time exceed fifty thousand dollars in value.
tippling Sec. 6. Be it further enacted, That it shall not be lawful
houses. ' '
for any person to erect, keep or maintain at Mars Hill College,
or within four miles of Mars Hill College, in the county of
Madison, any tippling house or establishment whatsoever for
the management [manufacture] or sale of spirituous liquors, or
wines, nor shall it be lawful for any person to sell any wines or
spirituous liquors within four miles of said college.
Penalties. Sec. 7. Be it further enacted, That any person or persons
who shall violate the provisions of the sixth section of this act,
shall be deemed guilty of a misdemeanor, and may be prose¬
cuted and punished as for other misdemeanors, in any court
having cognizance thereof; and moreover shall be subject to a
penalty of fifty dollars, to be sued for and recovered before
any justice of the peace, in the county of Madison; one-half
of said" penalty to accrue to the person who shall sue for
the same, the other half to the use and benefit of said college.
Sec. 8. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 20th day of
February, 1861.]
Chap. 74. an" act to incorporate yadkin college in the county oe
davidson.
Trustees incor- Section 1. Be it enacted by the General Assembly of the
porated. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Alson Gray, Henry Walser, A. W.
Sineberry, David Weisner, Jordan Reminger, John A. Davis,
David Michael, George W. Hege, Benjamin F. Smith, Thomas
Pegram, Alexander Robbins, and their successors duly elected,
be, and they are hereby made, constituted and declared, a
Corporate title, body corporate, in the name and style of the "Trustees of
Yadkin College," for the instruction of youth in the various
1860—*61.- Chap. 74.
47
branches of science, literature and art, with perpetual succes¬
sion, with the privileges and immunities and subject to all the
restrictions prescribed in chapter 26 of the Revised Code, en¬
titled " Corporations."
SeC. 2. Be it further enacted, That the president and pro- £ower confer
# r degrees.
fessors of said college, by and with the consent of the trustees,
shall have power to confer such degrees or marks of literary
distinction as are usually conferred by colleges or universities.
Sec. 3. Be it further enacted, That it shall not be lawful Gaming tables,
_ . . &c., prohibited.
for any person or persons to set up or continue any gammg or
billiard-table, or any device whatever for playing at any game of
chance or hazard, or to exhibit any sleight-of-hand, theatrical
or equestrian performance, dramatic recitation, iope or wire
dancing, or other natural or artificial curiosities, or to receive
or use any license to retail spirituous, or otherwise sell, give or
convey to the students of said college any intoxicating liquors,
within three miles of said college, without the special permis¬
sion in writing of the faculty of said college.
Sec. 4. Be it further enacted, That any person or persons Penalties,
who shall offend against the provisions of the third section of
this act shall forfeit and pay the sum of two hundred dollars,
to be recovered in any court of record having cognizance of
the same,—one-half to the use of the informer, and the other
half to the use of the said college.
Sec. 5. Be it further enacted, That said college shall be Location of col¬
located on the site where Yadkin Institute is now located, inlege'
the county of Davidson and State of North Carolina.
Sec. 6. Be it further enacted, That said corporation may corporate
take, hold, bargain and sell such real, personal or mixed estate P°wers-
as may be necessary for the transaction of its business and the
carrying out the purposes of its creation, not to exceed in
value two hundred thousand dollars.
Sec. 7. Be it further enacted, That said college shall go When college
into operation so soon as the trustees shall meet together and operation,
elect a president of the board of trustees—a majority of them
being present—and accept this charter, unless the same shall
be rejected by the Methodist Protestant Conference at its first
session after its adoption by the board of trustees.
Sec. 8. Be it further enacted, That all property belonging propertyex-
to said college, real or personal, shall be exempt from taxation tiori.
48 1860-61. Chap. 74-75-76.
for county or State purposes during its existence. [Ratified
the 22d day of February, 1861.
COUNTIES.
Chap. 75. an act to resurvey and establish the county line be¬
tween the counties op surry and wilkes.
tomni1n£ners Section 1. Be it enacted by the Creneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Elisha Banner, of the county of
Surry, and FJetcher Harris, of the county of Wilkes, be and
they are hereby appointed commissioners to run and establish
the line between the counties of Surry and Wilkes; and the
said line, when so run, shall be deemed and considered the
established line between said counties.
chain carriers. Sec. 2. Be it further enacted, That the said commissioners
shall have power to employ chain carriers to aid them in
making said survey.
compensation. Sec. 3. Be it further enacted, That said commissioners
shall be allowed two dollars per day for their services, and the
chain carriers one dollar per day, to be paid, one-half by the
county of Wilkes, and the other half by the county of Surry.
commissioners Sec. 4. Be it further enacted, That it shall be the duty of
to report. . . . . *
said commissioners to report m full to their respective county
courts, the survey of said dividing line between the counties
aforesaid, and the same shall be entered on the minutes of said
court, and ordered to be registered.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 20tA day of
February, 1861.]
Chap. 76. an act to run and establish the dividing line between
the counties op wayne and greene.
commissioners Section 1. Be it enacted by the Ceneral Assembly of the
to run ime. State of North Carolina and it is hereby enacted by the au¬
thority of the same, That Benjamin Aycock, J. M. Caho,
1860—'61. Chap, 76-77,
49
Haywood Edmundson and William A. Darden, Jr., be and
they are hereby appointed commissioners to run and establish
the dividing line between the counties of Wayne and Greene,
beginning at the corner in the north prong of Bear Creek (or
at a-point as near said corner as may be established), and run
a north course to Great Contentnea Creek, according to an act
of the General Assembly, passed at the session of 1779, enti¬
tled an act for dividing the county of " Hobbs," and that the
line thus established by said commissioners shall be held and
considered as the dividing line between the said counties of
Wayne and Greene.
Sec. 2. Be it further enacted, That should said commis- in case of disa-
sioners be unable to agree upon said line, that they shall have
the power to choose a fifth person, who shall act as an umpire,
and the decision of a majority shall be final: Provided, A
report of said decision be returned to the next term of the
court of pleas and quarter sessions, for each of said counties,
succeeding the agreement, and confirmed by the .same.
Sec. 3. Be it further enacted, That this act shall be in force
from and after its ratification. [.Ratified the 23d day of Beb->
ruary, 1861.]
COURTS.
an act to authorize the holding of a court of oyer and Chap. 77.
terminer in caswell county,
Section 1. Be it enacted by the Ceneral Assembly of the governor to
State of North Carolina, and it is hereby enacted by the au- sion.
thority of the same, That the governor of this State shall issue
a commission of oyer and terminer to one of the judges of the
superior court of law, to try all slaves that may be now con¬
fined in the jail of Caswell county, charged with rape or any
other felony, which said court shall be held forthwith; and the
judges shall be clothed with all the powers necessary for the
trial.
Sec. 2. Be it further enacted, That the said court shall be court-where
held at Yanceyville under the same rules, regulations, powers heId'
?md restrictions as govern the courts of oyer and terminer
4
1860~'61. CHAP. 77-78.
appointed to try slaves for insurrection, rebellion, or con¬
spiracy.
Sec. 3. Be it further enacted, That the clerk of the county
court, and sheriff, assisted by two justices of the peace, shall
draw a jury of thirty-six persons, who shall be summoned by
the sheriff, from which shall be made the grand jury and
petit jury; and the court shall have power to order a special
venire, as in other cases of felony.
Sec. 4. Be it further enacted, That this act shall be in force
from and after its ratification. [Ratified the day of
January, 1861.]
Chap. 78. AN ACT TO RESTORE TO THE COUNTY OF CHEROKEE JURY
TRIALS.
Vote of justices Section 1. Be it enacted by the General Assembly of the
trials?ury State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That at the first court to be held in the
town of Murphy, Cherokee county, a majority of the justices
of said county being present, a vote shall be taken for and
against the establishing of jury trials in said county; and if a
majority of the justices present shall vote in favor of jury
trials, then and in that case the court presiding shall proceed
to have the usual numbers of jurors drawn, and the sheriff
shall summon the same to be and attend in the town of Mur¬
phy, on the first Monday in June next, when and where they
may sit, hear and determine all such cases as is [are] now al¬
lowed by the laws of North Carolina, to be heard and deter¬
mined in other counties in this State where the intervention of
a jury is necessary.
Time of holding Sec. 2. Be it further enacted, That the jury courts of said
jury cou . county g^i ke ]je]^ on first Monday in June and Decem¬
ber in each and every year.
When this act Sec. 3. Be it further enacted, That none of the provisions
of this act shall be valid unless a majority of the acting jus¬
tices of the peace for Cherokee county shall vote in favor of
jury trials in said county,
in case ofjuy Sec. 4. Be it further enacted, That in case a majority of
superior1court the justices of said Cherokee shall vote in favor of jury trials,
clerk.
1860-'61. Chap. 78-79-80.
61
then and in that case the clerk of the superior court be, and
he is hereby directed to return to the clerk of the county court
all such cases, "with all papers pertaining to said cases, that
have been transferred from the county to the superior court,
hack to the county court, which shall stand upon the docket of
the county court in the same way and manner as they did
before the same was transferred to the superior court.
Sec. 5. Be it further enacted, That this act shall he in
force from and after its passage. \Batified the 25th day of
February, 1861.]
an act to give to the county of cleaveland an addi- Chap. 79.
tional superior court.
Section 1. Be it enacted by the General Assembly of the Two extra
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That in addition to the superior courts
now held for the county of Cleaveland, the said county shall
have two additional superior courts, to be held on the twelfth
Monday after the fourth Monday in March and September in
every year.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. \_Ratified the 23d day of
February, 1861.]
an act concerning county courts in the county of Chap. 80.
columbus.
Section 1. Be it enacted by the General Assembly of the Pourteen ju^.
State of North Carolina, and it is hereby enacted by the au- ^ecountytrans
thority of the same, That it shall and may be lawful hereafter busmess-
for fourteen justices of the peace, including the special court in
and for the county of Columbus, to transact all county and
Other business which now requires, by law, a majority of all
the acting justices to be present.
Sec. 2. Be it further enacted, That nothing herein con¬
tained shall be so construed as to prevent all the justices from
52
1860-'61. Chap. 80-81-82,
acting, whenever present.
ruary, 1861,]
Chap. 81. an act to authorize the holding: of a court of oyer and
Terminer in Northampton county.
Governor to
issue commis¬
sion.
Where to be
held.
Jury.
Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the governor of this State shall issue
a commission of oyer and terminer to one of the judges of the
superior courts of law to try the slaves that may be now confined
in the jail of Northampton county, charged with the murder of
one Lucius Woodroof, late of said county, which said court shall
be held forthwith, and the judges shall be clothed with all the
powers necessary for their trial.
Sec, 2. Be it further enacted, That the said court shall be
held at the court-house in Jackson, under the same rules,
regulations, powers and restrictions as govern the courts of
oyer and terminer appointed to try slaves for insurrection,
rebellion or conspiracy.
Sec. 8. Be it further enacted, That the clerk of the county
court, and sheriff, assisted by two justices of the peace, shall
draw a jury of thirty-six persons, from which shall be made
the grand jury and petit jury, who shall be summoned by the
sheriff, and the court shall have power to order a special venire
as in other cases of felony.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 26th day of
January, 1861.]
Chap. 82. an act to change the place of holding the court of
wardens of northampton county,
where court 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 section 3rd, chapter 86 of the Revised Code, be so
altered as to read as follows, to wit; The court of wardens for
the county of Northampton shall be held at the court-house, or
I860—*61.——CHAP. 82-83-84.
58
at the poor-house of said county, or at either or both of said
places, at the office of the court of wardens aforesaid. [Rati¬
fied the 11 th day of February, 1861.]
an act to repeal so much of the 10th, llTH, 12tH, 13th, Chap. 83.
14th and 15th sections of 107th chapter of the re¬
vised code as relates to the county of washington.
Section 1. Be it enacted by the G-eneral Assembly of the '
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That so much of the 10th, 11th, 12th, 13th,
(14th and 15th sections of the 107th chapter of the Revised
Code, as relates to the county of Washington, be, and the same
is hereby repealed.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 22d day of
February, 1861.]
an act to allow less than a majority of magistrates to Chap. 84,
transact the county business of iredell and chatham
COUNTIES.
Section 1. Be it enacted by the Ceneral Assembly of Me Twenty justices
State of North Carolina, and it is hereby enacted by the au- county busi-
thority of the same, That twenty-one of the acting justices of
the peace, in and for the counties of Iredell and Chatham,
shall have power to levy taxes, allow claims, elect such officers
as courts of pleas and quarter sessions are allowed to elect,
and to transact all other county business in and for the coun¬
ties of Iredell and Chatham, which may now by law require
the presence of a majority of all the justices of said counties to
transact.
Sec. 2. Be it further enacted, That all laws and Clauses of repealing
clause
laws, conflicting with the provisions of this act be, and the
same are hereby repealed, so far as their application to the
counties of Iredell and Chatham are concerned.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day of
February, 1861.]
54
1860—'61. Chap. 85-86-8T.
ELECTIONS.
Chap. 85. an act to alter the time of opening the polls in elec¬
tions at the precincts of salisbury, wilmington,
asheville and lexington.
Time°fowning Be it enacted by the G-eneral Assembly of the State
of North Carolina, and it is hereby enacted by the author¬
ity of the same, That hereafter, in all elections held at the
precincts of Salisbury, in Rowan county, Wilmington, in New
Hanover county, Asheville, in Buncombe county, and Lexing¬
ton, in Davidson county, the polls shall be opened at 8 o'clock,
A. M.: Provided, That nothing in this act contained, shall^
be construed to extend to corporation elections in Salisbury
and Asheville. [Ratified the 26th day of January, 1861.]
Chap. 86. an act to change the time of closing the polls of
elections in washington county.
polls6 °f cloSine it enacted by the General Assembly of the State of
North Carolina, and it is hereby enacted by the authority
of the same, That from and after the first day of March
next, it shall and may be lawful to close the polls of elec¬
tions in the counties of Washington and Rockingham, at
5 o'clock, P. M., instead of sunset, as now required by law.
[jRatified the 22d day of February, 1861.]
GAS COMPANIES.
Chap. 87. an act to incorporate the citizens' gas light company
of newberne.
Body politic. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Johnson H. Bryan, T. J. Hughs, A.
G. Hubbard, Wm. H. Oliver, Amos Wade, and Wm. H. Peace,
and their associates and successors, be, and they are hereby
constituted a body politic and corporate, under the name and
style of the " Citizens' Gas Light Company of Newberne."
1^60-61. Chap. 87-88.
55
Sec. 2. Be it further enacted, That the said Citizens' Gas Rights, &c.
Light Company shall he entitled to all the rights, privileges,
and immunities, and be subject to all the restrictions contained
in chapter 26th of the Revised Code, entitled " Corporations."
Sec. 3. Be it further enacted, That the capital stock of capital stock,
said company shall be ten thousand dollars, in shares of fifty
dollars each, and the same may be increased to the sum of
twenty-five thousand dollars, by a majority of the stockholders
in said company.
Sec. 4. Be it further enacted, That all laws and clauses of
laws coming in conflict with this act be and the same are hereby
repealed.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day of
February, 1861.]
an act to incorporate the fayetteville gas light Chap. 88.
company.
Section 1. Be it enacted by the General Assembly of the Body politic.
jState of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Archibald McLean, John D. Wil¬
liams, Ed. J. Hale, Aug's W. Steel, Benj. W. Robinson,
Edward L. Pemberton, and George B. Waterhouse, their asso¬
ciates, successors and assigns, be, and they are hereby con¬
stituted a body politic and corporate, under the name and style
of the " Fayetteville Gas Light Company."
Sec. 2. Be it further enacted, That the said Fayetteville Rights, &e.
Gas Light Company shall be entitled to all the rights and
privileges, and be subject to all the restrictions contained in
chapter 26th of the Revised Code, entitled " Corporations."
Sec. 3. Be it further enacted, That the capital stock of capital stock,
said company shall not exceed fifty thousand dollars, in shares
of one hundred dollars each, to be paid in such manner as the
president and directors of said company shall prescribe.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification, and may continue in force
for the term of sixty years. [Ratified the 20th day of Feb¬
ruary, 1861.]
56
1860-61. Chap. 88.
Chap. 88. an act to incorporate the greensboro' gas light com¬
pany.
Body politic. Section 1. Be it enacted by the Cceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Peter Adams, A. P. Eckel, C. P.
Mendenhall, and Charles E. Shober, and their associates, suc¬
cessors, and assigns, be, and they are hereby created, a corpo¬
ration and body politic, in law and in fact, by the name and
style of " The Greensboro' Gas Light Company," for the pur¬
pose of manufacturing and selling gas for lighting the town of
Greensboro' and its vicinity, and fitting up houses for the use
and consumption of the same ; and by that name may sue and
Powers. be sued, plead and be impleaded, and shall possess and enjoy
for thirty years, all the rights, privileges and immunities of a
corporation or body politic in law, and make all rules, by-laws,
and regulations, not inconsistent with the constitution of this
State, or of the United States, as shall be deemed neces¬
sary %nd judicious for the well-ordering and conducting the
affairs of said company,
capital stock. Sec. 2, Be it further enacted, That the capital stock of
said corporation shall not exceed thirty thousand dollars, in
shares of fifty dollars each, to be paid in such manner and
under such rules and regulations as the officers of said company
shall prescribe.
Officers. Sec. 3. Be it further enacted, That the first meeting of
said corporation may be called by the persons named in this
act, or either of them, at such time and place as they may
agree upon; and at such meeting, the stockholders in said
company may elect such officer or officers as they may deem
Term of offico* * *
necessary for its purposes, who shall continue in office until
their successors shall be elected; and the future meetings of
the company may be held at such time and place, and at such
intervals as the company, by its by-laws, may determine. And
at all meetings of the company, a majority in interest of the
stockholders shall control its proceedings,* and a majority of
the stock represented, in person or by proxy, shall constitute
a quorum.
corporate pow- Sec. 4. Be it further enacted, That the said corporation
crs" shall have full power and authority to manufacture, make, and
1860-61. Chap. 88-89.
sell gas of rosin, coal, oil, turpentine, or any other material,
in such quantities as may be required in the town of Greens¬
boro' and its vicinity; to fit up houses for the use and con¬
sumption of the same \ to purchase and hold such lots as may
be necessary and convenient for the erection of all such suitable
buildings or improvements as may be required in the manufac¬
ture of gas, or in the retention or distribution thereof; to erect
in such lots all such buildings and improvements as may be
necessary or convenient for the purposes aforesaid J to lay
pipes or other conductors for conveying gas through, upon, or
under, any or all the streets, alleys, or public lots, or squares
of the town of Greensboro': Provided, Such streets, alleys,
public squares, or lots shall be left in as good condition as they
were in before the time of laying such pipes or conductors;
also, to hold such personal property of any nature or kind
whatever as may be necessary in carrying on the business
aforesaid. And also, from time to time to repair, reconstruct,
maintain and preserve all such works, fixtures, machines, or
other property held by them as often as may be required.
Sec. 5. Be it further enacted, That if any person or per- damage to pro-
sons, shall wilfully, by any means whatsoever, injure, impair or perty"
destroy any conduct pipes, cock, machine, or anything apper¬
taining to the works of said company, the person or persons
so offending shall be subject to indictment for a misdemeanor
in the superior or county courts of Guilford.
Sec. 6. Be it further enacted, That this act shall be in
force from and after its passage, and shall have a corporate
existence for thirty years. [Ratified the 18th day of Febru-
ary, 1861.
INSURANCE COMPANIES.
an act to amend an act entitled " an act to incorporate Chap. 89.
the atlantic mutual eire and marine insurance com¬
pany.
Section 1. Be it enacted by the Ceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the samej That the said company shall hereafter
58
1860-'61. Chap. 90.
Corporate name, be known by tbe name of the "Atlantic Mutual Fire, Marine
and Life Insurance Company," and it sball be lawful for said
corporation to insure tbeir respective lives, and to make all
and every insurance appertaining to or connected with life
risks, of whatsoever kind or nature, as well of the sound in
health as the infirm and invalid.
Married women Sec. 2. • Be it further enacted, That it shall be lawful for
may insure own . , , ,
lives. any married woman, by herself and in her name, or m the
name of any third person, with his assent as her trustee, to
cause to be insured for her sole use the life of her husband
for any definite period, or for the term of his natural life;
and, in case of her surviving her husband, the sum or nett
amount of insurance becoming due and payable by the terms
of the insurance shall be payable to her, to and for her own
use, free from the claims of the representatives of her husband
or any of his creditors.
Husband may Sec. 3. Be it further enacted, That the husband may in-
insure own life * 7 *
for benefit of sure his own life, for the sole use and benefit of his wife and
wile. a /
children, or their guardians (if under age) for her or their own
use, free from the claims of the representatives of the husband
or any of his creditors.
insured taken Sec. 4. Be it further enacted. That all persons who shall
as members. any ^]me hereafter insure in or within said corporation, for the
whole continuance of life, shall, while they continue so insured, be
deemed and taken as members of said corporation, entitled to
all the rights and privileges of said corporation: Provided,
that all receipts of said life department shall be kept separate
and distinct from the fire and marine departments, and the
directors shall be authorized and empowered to issue certifi¬
cates of dividends accruing from said receipts, or otherwise
dispose of them for the benefit of said members, as they may
choose, according to the by-laws of the company.
when policies Sec. 5. Be it further enacted, That no life policy shall be
issued by this corporation until application be made for insur¬
ance for forty thousand dollars at least.
Seo. 6. Be it further enacted, That nothing in this act
shall be so construed as to affect any rights and privileges
granted to the company in .the former act of incorporation.
* Sec. 7. Be it further enacted, That this act shall take effect
immediately after its ratification. [Ratified the day of
, 1861.
1860-'61.- Chap. 91.
£9
MANUFACTURING COMPANIES.
an act to incorporate " the buncombe powder manueac- Chap. 91.
turing company," located in buncombe county.
Section 1. Be it enacted by the Creneral Assembly of the commissioners
State of North Carolina, and it is hereby enacted by the au- appomted'
thority of the same, That Nicholas W. Woodfin, William F.
McKenan and Crockford he, and they are hereby ap¬
pointed commissioners, with power and authority to open
books and receive subscriptions to the amount of fifteen thou¬
sand dollars, which shall constitute the capital stock of the Capital stock,
company hereby incorporated for the purpose of the manu¬
facture of powder.
Sec. 2. Be it further enacted, That the said capital stock shares—
... 1 amount of
shall be divided into shares of one hundred dollars each, and as
soon as two thousand dollars shall be subscribed, it shall be ,
the duty of said commissioners, or any one of them, to notify
the stockholders, by advertisement, to attend at such time
and place as may be designated, and if a majority of the. shares
subscribed shall be represented at such meeting, then it shall
be lawful for the stockholders to appoint a president, treasurer officers—term
and five directors for the term of one year, and until the nextofoffiC6,
general meeting of the stockholders, and the president and
directors, when so appointed, and their successors in office,
shall constitute a body corporate and politic in law, by the
name and style of " The Buncombe Powder Manufacturing corporate title.
Company," and may sue and be sued, plead and be impleadedj
and as such shall have a corporate existence for thirty years,
shall have a common seal, and have all other and necessary
powers incident to corporate companies, which may be neces¬
sary to effectuate the object had in view by this act.
Sec. 3. Be it f urther enacted, That said company, at a regulations as
general meeting of the stockholders, in pursuance of the pro- stoclZ
visions of the last section of this act, shall fix upon such regu¬
lations, in reference to the payment of the stock subscribed
and the representation of the same, as they may deem proper,
and they shall have power to make all necessary by-laws and
regulations, for the government of said eompany, not incon-
consistent with the constitution of this State and the United
States.
60
1860-61. Chap. 91-92.
Sec. 4. Be it further enacted, That this act shall he in force
and take effect from and after its ratification. [Ratified tho
22d day of February, 1861.
Chap. 92. ah act to incorporate "the green swamp company."
Body politic. Section 1. Be it enacted by the General Assembly of
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Thos. B. Nichols, Henry B. Short, Wm*
Bagley, Levi S. Yates, Samuel Batton, Benjamin M. Richard¬
son, Amos R. Harrell, and D. W. Bagley, and such othef
person or persons as may hereafter associate with them, they,
their successors, associates, heirs, or assigns, he, and they are
hereby created a body politic and corporate, under the name
hnd style of " The Green Swamp Company," for the purpose
Powers. of getting, manufacturing and shipping lumber, farming, merj
chandizing, owning, buying or Selling real or personal estate,
or building and improving in either of the counties of Bruns¬
wick, Columbus or New Hanover, and by that name they and
their successors and associates shall have a common seal, and
shall be capable of suing and being sued, plead and being im¬
pleaded, in all the courts of this State and the United States.
Capital stock. Sec. 2. Be it further enacted, That the capital stock of
said company shall be $80,000, in shares of $1,000 each, of
which the shares in said company are now owned as follows!
Thomas B. Nichols, ten; Henry B. Short, ten; Wm. Bagley,
ten; Samuel Batton, ten; Benjamin M. Richardson, fifteen J
Levi S. Yates, five; Amos R. Harrell, five; D. W. Bagley,
ten; and the heirs of John W. Kieling, five; and the said
company may enlarge the capital thereof to two hundred
thousand dollars, and may divide the capital into shared
of $ 100 each, and all the property now owned or hereafter
acquired by said company, shall be deemed and held to be
personal estate.
Powers of com- Sec. 3. Be it further enacted, That said company shall
P*117, have power and authority to make any rules, regulations and
by-laws for its government, Hot inconsistent with the laws of
the State, to provide for the appointment of officers, directors
or laborers of and for said company, the mode of transfer and
1860-61. Chap. 92-93.
61
representation of stock, the penalties and forfeitures, how to he
imposed upon delinquents, and to do any and all other things
for the furtherance of said company's objects.
Sec. 4. Be it further enacted, That it shall be the duty Duty of com-
of said company to keep a full record of their proceedings in a pany'
book provided for the purpose.
Sec, 5. Be it further enacted, That the corporation hereby
created, shall exist for thirty years, and this act shall be in full
force and effect after its ratification and acceptance by two-
thirds of the stockholders. [Ratified the 16th day of Feb¬
ruary, 1861.]
an act to incorporate the north carolina fibre com- Chap. 93.
pany.
Section 1. Be it enacted by the G-eneral Assembly of the Body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Joseph K. Blossom, Henry Lowe
and John Judge, or a majority of them, their associates,
successors and assigns, be, and they are hereby created and
constituted a body politic and corporate, by the name and
style of the "North Carolina Fibre Company," with power powers,
to establish branches,' as hereinafter defined, and as such shall
have perpetual succession, and may have and use a common
seal, and change the same at pleasure, may sue and be sued,
plead and be impleaded in any court of law and equity, have
power to make all such by-laws and regulations (not inconsist¬
ent with this act, or with the laws and constitution of this
State, or of the United States,) as may be deemed necessary
for the government of said company, which shall be binding
thereon, and shall have and enjoy all the rights and privileges
of a body corporate, necessary to carry on the business of
manufacturing paper stock from any and all fibrous materials,
and making therefrom paper and other fabrics, and of trans¬
porting and vending their products, and of purchasing and
erecting suitable mills and machinery whenever and wherever
they may see fit, and also to purchase and hold any and all
such patent rights and inventions, or licenses to use the same,
and such real estate, mills and machinery as may be useful to
62
1860-'61.! Chap. 93.
them in their business, and may give in payment thereof any
part of their capital stock which may remain untaken at time
of such purchase, and have full power and authority to sell
and convey any real estate by them held, owned or occupied,
with usual covenants of warranty.
Capital stock. Sec. 2. Be it further enacted, That the capital stock of
said company may be divided in such number of shares, and
of such amount for each share as the board of directors may
direct; and said board may at discretion increase the number
of said shares, by declaring, from the net earnings of the com¬
pany, dividends payable in stock, the proceeds of which (viz.,
the portion of nett earnings reserved for such purpose,) may be
used in extending the business of the company, improving
their works, or in such other way as will most benefit the
general interest: Provided, That the capital stock shall not
exceed five hundred thousand dollars, the shares in which, as
also in the branches hereinafter mentioned, shall be considered
as personal property, and certificates therefor may be issued
and the same be made transferable and assignable, and liable
to assessment, forfeiture and sale by the board of directors, in
such manner as the by-laws of the corporation shall prescribe ;
and all subscriptions to the capital stock shall be made under
the superintendence, and at the discretion of the board of
directors for the time being, and the company may go into
operation any time after the sum of ten thousand dollars is
actually paid in.
officers. Sec. 3. Be it further enacted. That the property and affairs
of said company shall be managed by a board of directors,
(one of whom shall be a citizen of this State, who must be a
stockholder,) composed of such number, and elected by the
stockholders in such manner as the by-laws shall direct, and
they shall choose one of their number to be president of the
board of directors; shall be a quorum to transact business;
they shall have power to fill any vacancies that may happen
in their body, and appoint and remove at their pleasure such
other officers as they may deem necessary; and until the first
election of directors shall be held by the stockholders, the
Baid Joseph R. Blossom, Henry Lowe and John Judge shall
constitute the board of directors of said company, with fulT
power and authority to exercise all the corporate powers thereof.
1860-61. Chap. 93.
63
Sec. 4. Be it further enacted, That meetings of the stock-meetings,
holders in said company may be called and held as the by-laws
shall prescribe. To constitute a meeting, there must be pres¬
ent, in person, or by proxy, (the proxy being a stockholder,)
those who hold a majority of the stock, and each stockholder
shall be entitled to the number of votes which the by-laws of
the company may prescribe: Provided, however, That at the
first general meeting, each share of stock shall entitle the
holder to one vote, and at all meetings every act shall require
the sanction of a majority of the votes which may be present.
Sec. 5. Be it further enacted, That said company shall Branches,
have power to establish such branch or branches of its busi¬
ness, at any point or points in this State as the board of
directors may see fit, and with such amount of capital as may
be deemed necessary: Provided, That such capital shall be
advanced by the company and by individuals in such propor¬
tion as the board of directors may decide, on the payment of
which said branch may commence business, and carry on the
same in such manner and subject to such regulations as the
by-laws of the company, made in pursuance of this act, may
prescribe : Provided, further, That the certificates issued to
individuals, in the capital stock which may be created by the
money or capital invested by them for the organization, estab¬
lishment and carrying on said branch or branches, shall entitle
the holders only to their proportion of nett profits declared on
the particular business thereof, which shall be plainly ex¬
pressed in said certificates, and such stockholders shall be inte¬
rested in and responsible to the extent of their investment for
only such contracts and transactions as may be made' in
reference to the business of such branches respectively.
Sec. 6. Be it further enacted, That it shall and may be Dividends,
lawful for said company to guarantee to the holders of stock
in any of said branches certain or particular annual dividend
on any or all such stock, for one or more years, and for such
purpose, said company is hereby authorized to execute its bond
to such stockholders, in such manner and at such time as the
by-laws may prescribe, when such guarantee shall become and
is hereby declared to be a lien on all the profits accruing on
the business of said company: Provided, That nothing herein
shall be construed as giving such a lien the preference over
64
1860—'61. Chap. 93.
any creditor of said company at tlie date of the execution of
said bond.
powers. Sec. 7. Be it further enacted, That said corporation is
hereby authorized, in its corporate capacity and name, to
make, execute and deliver to any person or persons, trustee
and body corporate or politic, bonds, notes, contracts, or agree¬
ments, for the payment of money at any rate of interest that
may be agreed upon ; or for the delivery or purchase of paper,
paper stock, chemicals, or other personal property, and to sell
and dispose of any such bonds, notes, contract, or agreement,
for such price or consideration as the board of directors may
see fit, any law on the subject of usury in this State, or any
other State where such transactions may be had, to the con¬
trary notwithstanding.
conveyances of Sec. 8. Be it further enacted. That all conveyances of real
X6dil estate
estate by said company shall be signed by the president, and
countersigned by the secretary, or other proper officer, and
have affixed thereto the corporate seal, and a copy of the reso¬
lution of the board authorizing the conveyance, which shall be
certified by the secretary of the board and form part of the
record, and all deeds so executed, acknowledged and regis¬
tered according to law, shall be deemed valid and binding in
all courts of law and equity whatsoever, any previous act or
acts to the contrary notwithstanding.
no banking pri- Sec, 9. Be it further enacted, That this act shall not be
Vlleges- so construed as to give to the said company any banking pri¬
vileges, or any right to issue notes, payable to order or bearer,
for circulation as bank notes, or to exempt the lands and other
property of the corporation from taxation, except as hereinbe¬
fore provided.
Sec. 10. Be it further enacted, That this act shall be fa¬
vorably construed in all courts and places whatever, and shall
be in force for sixty years from and after its ratification.
[Ratified this 23rd day of February, A. B.j 1861.]
1860-61. Chap. 94.
65
an act to incorporate the north carolina shoe manuiac- Chap. 94.
turing- company, in the town of charlotte.
Section 1. Be it enacted by the Cieneral Assembly of the Body pontic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That William A. Shepard, John A. Young,
William Johnson, James H. Carson, James W. Osborne, Moses
B. Taylor, Joseph H. Wilson and W. R. Myers, a majority of
them, their associates, successors and assigns, are hereby con¬
stituted And declared to be a body politic and corporate, by
the name of " The North Carolina Shoe Manufacturing Cpm-
pany," and by that name shall be capable in law and equity of
purchasing, holding, selling, leasing and conveying estafe, real,
personal and mixed, and of acquiring the same by gift or
otherwise, so far as shall be necessary for the purposes em¬
braced in their charter, and may sue and be sued by their cor¬
porate name, plead and be impleaded in any court of law and Powers,
equity in the State of North Carolina, or any other State hav¬
ing competent jurisdiction, and may have and use a common
seal, which they may alter or renew at pleasure.
Sec. 2. Be it further enacted, That said corporation shall
have, use and enjoy all the rights, powers and privileges for
manufacturing boots and shoes, either by machinery or other¬
wise, together with all other rights and privileges which other
corporate bodies may and do exercise, and which may be
necessary for carrying on said business in the town of Char¬
lotte and county of Mecklenburg, N. C.
Sec, 3. Be it further enacted, That the capital stock of said capital stock,
company shall consist of shares, the par value of the whole of
which shall not exceed five hundred thousand dollars, the num¬
ber and the value of which shares to be fixed and regulated by
the persons named in the first section of this act, and their asso¬
ciates, or a majority of them; and the stock of said company shall
be personal estate, and be transferable in such manner as the
by-laws of said company may direct; and at all meetings of the
stockholders of said company, each stockholder shall have- one
vote, either in person or by proxy, for each share held by him.
Sec. 4. Be it further enacted, That the affairs of said com-officers,
pany shall be managed by a board of directors of not less than
three or more than five, as the stockholders may determine,
5
60
1860-61. Chap. 94-95.
three of whom shall reside in this State; which board of direc¬
tors shall be chosen annually by the stockholders, and said
directors shall choose one of their number to be president. In
the event, however, at any time, that an election of the direc¬
tors of said corporation shall not be made at the time ap¬
pointed therefor in any year, the corporation shall not be
dissolved, but it shall be lawful at any other time to hold an
election for such directors as the by-laws may provide; and
upon failure to make such election at the time appointed for
the same, the directors then in office shall continue in office
until another election is made, and all their acts shall be valid
until their successors shall be elected.
Liability. Sec? 5. Be it further enacted, That the stockholders shall
be individually liable for all debts due to workmen, officers,
and other hands of said corporation.
Sec. 2. Be it further enacted, That the rights, powers and
privileges hereby granted shall be enjoyed and exercised by
said corporation for the term of sixty years, and this act shall
be in force and take effect from and after its ratification.
\Ratified the 23d day of February, 1861.]
Chap. 95. act t0 incorporate the tokay wine company of fay-
etteville.
Section 1. Be it enacted by the Cfeneral Assembly of the
.State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That William T. Home, Henry L. My-
rover, Nathan A. Stedman and James C. Stedman, and their
associates, successors and assigns, be, and they are hereby
constituted a body politic and corporate, under the name and
style of the " Tokay Wine Company," and shall have succes¬
sion and a common seal for a period of thirty years from the
first day of January, 1861, and as such may sue and be sued,
plead and be impleaded, and have and ^possess all the powers
incident to corporations and necessary and proper to carry on
the business and effect the objects contemplated by this act.
Sec. 2. Be it further enacted, That said corporation may
divide their stock into such number of shares, and provide for
the sale and transfer thereof, in such manner and form as said
Body politic.
Corporate
name.
Stock.
1800-61. Chap. 95.
67
corporation shall from time to time de§m expedient; and in all
meetings of stockholders of said corporation, each share shall
entitle the holder thereof to one vote; and upon such division
of stock, the lands, cellars, presses, houses, fixtures, or other
property of any stockholder or stockholders, shall constitute a
part, at such price as may be agreed upon between the owner
thereof and those who may be associated with him or them, and
constitute the aforesaid corporation, by purchasing or subscrib¬
ing for stock in the same.
Sec. 3. Be it further enacted, That the business of said Powers,
corporation shall be that of raising and purchasing grapes,
and the making and vending of wine, and the other produce of
their lands and property; and said corporation shall have
power to purchase and hold all such real and personal pro¬
perty as may be required for the convenient transaction of the
business of the corporation, and the same to sell and exchange
at pleasure: Provided, That said corporation shall at no time
hold over five thousand acres of land.
Sec. 4. Be it further enacted, That said corporation may officers,
transact its business by and under the direction of a board of
directors, and such other officers and servants as may be deter¬
mined by the stockholders,- and may make all needful rules
and regulations for the government of the same.
Sec. 5. Beit further enacted, That said corporation may May establish a
tfftd© m ark
establish a trade mark, under which they may sell wine by the
bottle, package, gallon, pipe or hogshead, and which trade
mark may he a paper label, or other device, stamped, graven
or moulded, upon wood or glass; and if any person or persons
shall assume or vend any other wine than, that made or sold by
this corporation, under said trade mark, they shall be held
liable on damages, to be recovered by said corporation, in any
of the courts of law of this State.
Sec. 6. And be it further enacted, That this act shall be in
force from and after the ratification thereof, and may continue
in force for the space of thirty years. [ Ratified the 22d day
of February, 1861.]
68
1860-61. Chap. 96.
MILITIA.
Chap. 96. an act to authorize the organization op an armed
police force for the defence of the citizens of the
town of washington.
Intendant may
accept volun¬
teers.
Acceptance of
members.
Members to
procure arms.
Arms to be
inspected.
Section 1. Be it enacted by the Qeneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the intendant of police of the town of
Washington be, and he is hereby empowered to accept the
service of such of the residents of said town over the age of
forty-five years, as will form themselves into a company, and
engage to serve under his orders, or those of a majority of the
acting commissioners of the said town, for the safety of the
lives and the property of the inhabitants thereof.
Sec. 2. That in order to the formation of the said company,
an engagement in writing, made by such persons to serve as
members of said company, and by them subscribed, and also the
acceptance by the said intendant of all such as do subscribe
the same, shall be sufficient to constitute such persons members
of the said company, and shall bind each and every of them to
serve therein for the term of five years next ensuing the date
of such acceptance: Provided, such persons do continue to re¬
side in said town.
Sec. 3. It shall be the duty of each member of said company
to procure the following arms at least, viz: one good and suffi¬
cient musket and bayonet and one pair of belt or horseman's
pistols, or one double barrel shot gun, and one pair of said
pistols; which said arms, together with twelve rounds of pow¬
der and buck-shot cartridges for each barrel of said arms, he
shall at all times keep at his residence in good order, and pre¬
pared for immediate use upon any and every emergency that
may require their use during the term of his service.
Sec. 4. That the power and authority of the said intendant
of police, or of a majority of the acting commissions [commis¬
sioners] of said town, shall be and extend to the ordering such
officers as shall be chosen by ballot by the members of said
company to have a meeting of the members thereof once in
every month for the inspection of the arms and cartridges
1860-61.——Chap. 96.
69
hereby required, and to perform such duties as are hereinafter
mentioned.
Sec. 5. That the said company, a majority of the members Captain,
being present, shall have power to elect, and proceed to elect
upon an order of the said intendant to that effect, one member
to act as captain, and two others to act as lieutenants of the
said company, each of whom shall have power to order and
direct an inspection of the arms and cartridges, to see that
each member is at all times provided therewith, and that the
same is kept in readiness in their respective residences; and it
shall be the duty of the captain so chosen to notify the said in¬
tendant of the persons so chosen as officers of said company.
Sec. 6. Upon an order of the said intendant, or of a ma-intendant to
jority of said commissioners, issued to . the officers of said caii oSt men.
company, or such of them to whom such order is directed, it
shall be their duty to assemble the said company, or such por¬
tion of it as they deem necessary, to give assistance to the said
intendant or commissioners aforesaid, in case of any conspi¬
racy ^against the public peace and order of the said town being
by him or them apprehended; and the said company, or such
portion of them as are detailed therefor, shall promptly render
obedience to such order: Provided, That no watch, guard or
patrol duties shall, on ordinary occasions, be required to be
performed by said company.
Sec. 7. That the said company be, and they are hereby em- By-iaws.
powered to make such by-laws and regulations as shall be by
them deemed to be fit and proper for enforcing and carrying
into effect the purposes mentioned in this act, and to enforce
the same by such penalties and fines as they shall deem proper:
Provided, the said by-laws [laws] and regulations be not in¬
consistent with the constitution and laws of this State and the
United States.
Sec. 8. That all fines and penalties adjudged against offend- fines, &c.
ers against the provisions of this act, or any by-law or regula¬
tion adopted by the said company, shall be cognizable and
determinable by the intendant of police for the said town, and
be recoverable in the name of said intendant, and payable into
the town treasury.
Sec. 9. That the pistols worn upon their persons, and used
70
1860-^*61. -Chap. 96-97-98.
by the members of said company, be, and the same are
exempt from taxation. [Ratified the 25th day of February,
1861.]
Chap. 97. an act to incorporate the "granville independent
greys."
incorporated. Section 1. Be it enacted by the Creneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the company of volunteer infantry,
in the county of Granville, commanded by Captain George L.
Wortham, be, and the same is hereby incorporated by the
name and style of the " Granville Independent Greys," and
shall have full powers and authority to make such by-laws, not
inconsistent with the constitution and laws of this State, or of
the United States, as they may deem necessary for the proper
regulation of the company.
Emes. Sec. 2. Be it further enacted, That all fines and amerce¬
ments which shall be collected by said company, shall enure to
the use of the same.
Length ofser- Sec. 8. Be it further enacted, That after a faithful dis-
vice to exempt. cjjarge 0f guch company for the term of twelve
years, by a regular drill at least six times in each year, the
members thereof shall be exempt from militia duty, except in
case of insurrection or invasion.
Sec. 4. And be it further enacted, That this act shall be in
force from and after its ratification. [ Ratified the — day of
February, 1861.]
Chap. 98. an act to incorporate the "independent grays," the
" topsail riflemen," the " franklin rifles," " albe¬
marle guards," and the "sharon riflemen."
incorporated. Section 1. Be it enacted by the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the company of infantry in the
town of Elizabeth city, commanded by J. T. P. C. Cohoon,
known as the "Independent Grays;" the "Topsail Rifle-
1860-61. Chap. 98-99.
71
men," commanded by Stephen D. Pool; tbe " Franklin
Rifles," commanded by Wm. F. Green; "Albemarle Guards,"
commanded by T. L. Skinner, and the " Sharon Riflemen,"
commanded by Caleb Norwood, be, and the same are hereby
constituted and declared to be bodies politic and corporate, by
the above mentioned names, and shall have all the powers, powers, &c.
privileges and immunities, and be subject to all the liabilities,
usually incident to bodies of a like nature.
Sec. 2. Be it further enacted, That all moneys collected Pines, &c.
by authority of this act, shall inure to the sole use and benefit
of the said companies.
Sec. 3. Be it further enacted, That these companies shall Parades,
be mustered for drill and parade at least six times every year,
and go into encampment at least two days every year.
Sec. 4. Be it further enacted, That all persons who may
become members of these companies, and serve in them for
the space of ten years, shall be exempt from military duty,
except in cases of war, insurrection, or invasion.
Sec. 5. Be it further enacted, That the provisions of the Extension of
J 7 i n . provisions. ,
bill to incorporate the "Independent Grays," "Albemarle
Guards," "Topsail Riflemen," "Franklin Rifles, and " Sha^-
ron Riflemen," be and the same are hereby extended to the
military company known as the " Cape Fear Riflemen," com¬
manded by Captain William S. Anderson; to the " Burke
Mounted Riflemen;" the " Cleaveland Guards;" "Cabarrus
Guards," " The Black Boys," both in Cabarrus county;
"Old Topsail Rifles;" "Northampton Home Guards;" the
" Yanceyville Grays," commanded by John A. Graves; the
"Rocky Mount Cavalry;" the "State Guards of Pasquo¬
tank," commanded by W. F. Martin, and the "Junaluska
Zouaves," and "Jackson Rifle Company."
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 22>d day
of Februaryj 1861.]
an act to incorporate the "buncombe riflemen." Chap. 99.
Section 1. Be it enacted by the G-eneral Assembly of the Body corporate.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That W. W. McDowell, W. M. Hardy,
72
1860-61. Chap. 99-100.
Powers.
Fines.
Patrol.
Service to
exempt.
Thomas L. Clayton and J. M. Israel, and their associates and
successors, be, and they are hereby constituted and appointed
a body corporate and politic, under the name and style of the
"Buncombe Riflemen," and as such shall have continual suc¬
cession, sue and be sued, plead and be impleaded, contract
and be contracted with, and have a common seal. Said cor¬
poration may adopt such constitution and by-laws, rules and
regulations for their government as they may deem proper>
not inconsistent with the constitution and laws of the United
States, or of this State; and that all fines and amercements,
imposed by a court-martial of said company, shall be placed
in the hands of any constable selected by said company, and
collected in the same manner as amercements and fines issuing
from a court of civil jurisdiction.
Sec. 2. Be it further enacted, That it shall be the duty of
the captain of said company to detail a force of four members
of said company, whose duty it shall be to patrol the said
town of Asheville, at such times as the captain may direct.
Sec. 3. Be it further enacted, That members of said com¬
pany, after serving in said company for the space of five
years, shall thereafter be exempt from military duty, except
in cases of invasion or insurrection.
Sec. 4. Be it further enacted, That all laws and clauses
of laws coming in conflict with this act be, and the same are
hereby repealed.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 19th day
of February, 18G1.]
Chap. 100. an act to incorporate the orange light infantry.
Body corporate. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the volunteer company in the town
of Chapel Hill, commanded by Captain R. J. Ashe, be, and the
same is hereby incorporated and made a body corporate and
politic, by the name and style of " Orange Light Infantry," and
shall by that name and style [shall] have succession, and be
rowers. able and capable to sue and be sued, plead and be impleaded,
in any court in the State; and may adopt such constitution,
1860-61. Chap. 100-101.
73
by-laws, rules and regulations for their good government as
they may deem proper, not inconsistent with the constitution
and laws of the United States, or this State.
Sec. 2. Be it further enacted, That all fines and amerce- fines,
ments that may be imposed and collected by said company
from its members, shall inure to its own uses and benefits.
Sec. 3. Be it further enacted, That all persons who can service to
produce a certificate from the orderly sergeant, countersigned exempt'
by the captain of said company, setting forth continuous mem¬
bership for seven consecutive years, shall be exempt from
military duty, except in case of invasion or insurrection.
Sec. 4. Be it further enacted, That in time of peace said
company shall be subject to the orders of its own officers, only,
or the orders of the governor of the State.
Sec. 5. Be it further enacted, That this act shall take
effect from the day of its ratification. [Ratified the 23d day
of February, 1861.]
an act to incorporate the wilmington horse artillery Chap. 101.
company.
Section 1. Be it enacted by the General Assembly of fAe What to form
State of North Carolina, and it is hereby enacted by the au- eompany-
thority of the same, That there may be formed in the county
of New Hanover a troop of horse artillery, to consist of one
captain, two first lieutenants, two second lieutenants, one first
sergeant, one quarter-master sergeant, one color sergeant,
three sergeants, four corporals, two artificers, one saddler, one
farrier, two buglers, and not exceeding one hundred privates;
which troop, when formed, shall be and is hereby invested
with corporate powers to them and their successors, in the
name and style of the " Wilmington Horse Artillery Troop,"
with power to make all necessary rules, by-laws and regulations
for its own government, and to do, perform and contract in all
ways whatever within the scope and intent of this charter.
Sec. 2. Be it further enacted, That said troop shall be drill,
armed, equipped and drilled as riflemen, cavalry and artillery.
Sec. 3. Be it further enacted, That whenever thirty names when formed,
shall be enrolled, the said troop shall be considered as formed,
74
1860—'61. Chap. 101-102.
Officers. and they may proceed to the election of all proper officers,
agreeably to their own by-laws and regulations; that the cap¬
tain and lieutenants shall receive their commissions from the
governor of the State, and the non-commissioned officers their
warrants from the captain of the troop; the captain of the
troop certifying the governor of its enrollment and formation
as aforesaid.
Arms to be fur- Sec. 4. Be it further enacted, That whenever the said
mshed by state. £r00p ke forme commissioned, and properly and fully
uniformed, upon application to the governor, he shall, at the
expense of the State, procure and furnish to said troop the
proper arms, accoutrements, sabres, pistols, carbines or rifles,
and a battery of six pounder brass guns, not to exceed six in
number, with all carriages, harness and appendages thereto
appertaining. The captain or other members of said troop to
give to the governor a bond, with good securities, for the safe
keeping and re-delivery of the said articles on demand.
Command. Sec. 5. Be it further enacted, That the captain of said
troop and all the members thereof shall be directly subordi¬
nate to the chief of artillery to the State, and shall be subject
to the orders of and make their reports and returns to that
officer; and if there be no such offieer, then to the adjutant
general of the State,
subject to can Sec. 6. Be it further enacted, That the members of said
o governor. ^r00p shaii be exempt from militia duty, but shall be subject to
a call of the governor, in the service of the State, equally with
the other volunteer companies of North Carolina.
Sec. 7. Be it further enactedt That this act shall be in ope¬
ration from and after its ratification. [Ratified the 18fA day
day of February, 1861.]
Chap. 102. an act to incorporate the volunteer company in the
town of kenansville, duplin county.
Body corporate. Section 1. Be it enacted by the Central Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the volunteer company in the town
of Kenansville, commanded by John J. Whitehead, be, and the
same is hereby incorporated and made a body corporate and
1860-'61.—r—Chap. 102-103.
75
politic, by tbe name and style of tbe "Duplin Riflemen," and
by that name and style shall have succession, and shall be
able and capable to sue and be sued, plead and be impleaded Powers,
in any court in this State, and may adopt such constitution
and by-laws, rules and regulations for their government as
they may deem proper, not inconsistent with the constitution
and laws of the United States, or of this State, and that all
fines and amercements imposed and collected by said company,
shall enure to the use and benefit of said company.
Sec. 2. Be it further enacted, That the members of exemption
said company, while they continue to act as members ofroadiutLT
said company, shall be exempt from serving on • juries in
the county and superior courts, and from working on the
public roads.
Sec. 3. Be it further enacted, That members of said com- service to
pany, after serving in said company for the space of sevenexempt*
years, shall thereafter be exempt from military duty, except
in case of invasion or insurrection.
Sec. 4. Be it further enacted, That all laws and clauses of
laws, coming within the meaning and purview of this act be,
and the same are hereby repealed, and this act shall go into
effect from and after its ratification. [Ratified the V6th day
of February, 1861.]
MINING- COMPANIES.
an act to incorporate the chatham mining company. Chap. 103.
Section 1. Be it enacted by the Gf-eneral Assembly of the Body corporate.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That John Wilkes, Lawrence P. Bayne,
and Charles Wilkes, and their associates, successors and
assigns, are hereby created and constituted a body politic and
corporate, by the name, style and title of "The Chatham
Mining Company," for the purpose of exploring, working and
mining for copper «and other metals and minerals, and for
mining, smelting and vending the same; and shall enjoy all
the privileges and powers incident to mining corporations in
this State, and may also purchase^ hold and convey real and
76
1860-61. Chap. 103-104.
By-laws.
Stock.
Legal repre¬
sentatives.
personal estate to an amount not exceeding the value of one
million of dollars.
Sec. 2. Be it further enacted, That the first meeting of
said corporation may be called by the parties herein named
at such time and place as may be agreed upon by them, and at
such and all other meetings legally notified, said corporation may
make, alter and repeal such by-laws and regulations for the
management of the business of said corporation as a majority
of the stockholders may direct, not inconsistent with the con¬
stitution and laws of the State and the United States.
Sec. 3. Be it further enacted, That the capital stock of
said corporation shall not exceed one million of dollars, which
may be divided into such shares, and sold and transferred in
such manner and form as said corporation may deem expedient j
and said corporation may declare and pay dividends in such
manner as their by-laws may direct.
Sec. 4. Be it further enacted, That two of the directors of
said company shall always be residents of the State of North
Carolina, and that service on them, any director or officer of
said company, shall, be valid and sufficient in law and equity
for process and proceeding returnable before any judicial tri¬
bunal in this State; and it shall be the duty of the directors
of said company to have regular books of record and transfer
kept by the secretary or treasurer thereof, and at all times
open to the inspection of stockholders, or any one of them.
Sec. 5. Be it further enacted, That this act shall be in force
from and after its passage, and continue in full force for the term
of thirty years. [Ratified the 19th day of February, 1861.]
Chap. 104. an act to incorporate valley river mining company.
Body politic. Section 1. Be it enacted by the Creneral Assembly of the
State of JSFoi'th Carolina, and it is hereby enacted by the au¬
thority of the same, That "William Warne, D. T. Ramsour and
E. Dimmoch, and their associates, successors and assigns, are
hereby cheated and constituted a body politic and corporate,
by the name and style and title of the " Yalley River Mining
Company," for the purpose of working, mining and exploring
for gold, copper and all ojiher metals and minerals, and for
1860-61 Chap. 104.
77
mining, yending, smelting and working the same, and for
working and manufacturing; and by that name may sue and
be sued, plead and be impleaded, appear, prosecute and defend Powers,
in any court of law or equity whatsoever, and in all suits and
actions, contracted [contract] and be contracted with, and may
have and use a common seal and the same alter at pleasure;
and may enjoy all the rights and privileges and powers neces¬
sary or incident to mining, smelting, manufacturing and vend¬
ing of metal or chemicals; and may also purchase, hold, sell,
mortgage, bond or convey real and personal property or estate,
with a capital not to exceed one million dollars.
Sec. 2. Be it further enacted, That the said corporation stock,
may divide their stock into such number of shares,, and provide
for the sale and transfer thereof, in such manner and form as
said corporation shall from time to time deem expedient, and
may levy and collect assessments, forfeitures, and sell delin¬
quent shares in such manner as the by-laws may direct; and
shall issue scrip for the shares of stock; and each share shall
entitle the holder thereof to one vote in meetings of the stock¬
holders ; and also said corporation shall have power to enact
such by-laws and regulations as they may deem necessary, not
repugnant to the laws of this State and the United States.
Sec. 3. Be it further enacted, That it shall be lawful for Directors,
the corporation to be managed by three or five directors, who
shall have power to fill vacancies in their own number, pass and
enact or amend by-laws, and shall continue in office until others
are regularly elected or appointed, and also to exercise all such
rights and powers as by this act are granted; but the stock¬
holders shall have the right to elect said directors annually,
two of whom shall be actual residents of this State.
Sec. 4. Be it f urther enacted, That it shall be lawful for
the aforesaid W. Warne, D. T. Ramsour, and E. Dimmoch to
manage the affairs of said corporation as directors, until others
are elected or appointed; shall meet and organize by choosing
from their own body a president and appoint a secretary and
other employees, make such by-laws as for the time being they
shall deem expedient, and may then proceed to business.
Sec. 5. Be it further enacted, That this corporation shall
exist for thirty years, and this act shall be in force from its
passage. [Ratified the 20th day of February, 1861.]
78
1860-61. Chap. 105.
Chap. 105. an act to incorporate the carrolton copper joining com¬
pany of baltimore.
Body politic.
Powers.
By-laws.
Books to be
kept.
Stock.
Section 1. Be it enacted hy the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That E. B. Wilder, F. H. Gruphy, Adam
Dermead, Charles Hatch, W. J. McConnell and Wm. B. Tyson,
and their associates, successors, and assigns, are hereby created
and constituted a body politic and corporate, by the name,
style, and title of the " Carrolton Copper Mining Company,"
for the purpose of exploring for copper, gold, lead, iron and
other metals or minerals, and for mining, vending, smelting
and working the same; and by this name may sue and be sued,
plead and be impleaded, appear, prosecute and defend in any
courts of law and equity whatsoever in all suits and actions;
may have a common seal, and the same alter at pleasure; and
may enjoy all the privileges incident to mining corporations,
and may hold, purchase and convey real and personal estate to
an amount not exceeding two millions of dollars.
Sec. 2. Be it further enacted, That the first meeting of
said corporation may be called by the persons named in this
act, or any two of them, at such time and place as they may
agree upon, and at such meeting, and all other meetings legally
notified, said corporation may make, alter and repeal such
by-laws and regulations for the management of the business of
the said corporation as a majority of the stockholders may
direct, not repugnant to the constitution and laws of this State
and of the United States.
Sec. 8. Be it further enacted, That it shall be the duty of
the directors of said company (two of whom shall reside con¬
tinually in this State) to have regular books of record and
transfer, kept by the secretary or the treasurer thereof, at all
times open to the inspection of the stockholders.
Sec. 4. Be it further enacted, That the said corporation
may divide their original stock into such number of shares, and
provide for the sale and transfer thereof in such manner and
form as said corporation shall from time to time deem expedient,
and may levy and collect assessments, forfeit and sell delinquent
shares, declare and pay dividends on the shares in such manner
as the by-laws may direct.
1860-61. Chap. 105-106.
70
Sec. 5. Be it further enacted, ^Ehat the corporation shall
exist for thirty years, and this act [shall] be in force from and
after its passage. [Ratified the 18th day of February, 1861.]
ah act to incorporate the davidson copper mining com- Chap. 106.
pany.
Section 1. Be it enacted by the G-eneral Assembly of the Body pontic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Samuel Sutton Clayton, Thomas C.
Harris, Jos. Wilkins, Patrick Henry Sullivan, Thos. W. Hall,
jr., and John Endey^their associates, successors and assigns, are
hereby created and constituted a body politic and corporate,
by the name, style and title of the " Davidson Copper Mining
Company," for the purpose of working, mining and exploring powers.
for copper, lead, gold, silver, and other metals and minerals, and
for mining, vending, smelting and working the same; and by
that name may sue and be sued, plead and he impleaded,
appear, prosecute, and defend in any court of law or equity
whatsoever in all suits and actions; may have a common seal
and the same alter at pleasure; and may enjoy all the privi¬
leges and powers incident to mining, smelting and manufac¬
turing corporations; may purchase, hold, and convey real and
personal property or estate, as capital stock, to the amount, of
one million of dollars; may divide such capital stock into such
number of shares, and provide for the sale'and transfer thereof
in such manner and form as the said corporation may from
time to time deem expedient; may levy and collect assess¬
ments, and forfeit and sell delinquent shares, and make and
enact such by-laws and regulations as they may deem necessary,
not inconsistent with the laws of this State and of the United
States.
Sec. 2. Be it further enacted, That it shall he lawful for powers,
the affairs of said corporation to he managed by three or more
directors, two of whom at least shall be citizens of the State of
North Carolina, who shall he chosen annually—shall have
power to fill vacancies in their own body, shall continue in
office until others are elected or appointed in their stead, and
shall exercise all such powers as by this act are' granted and
conferred.
1860—'61.—--—Chap. 106-107,
Sec, 3, Be it further enacted, That the said Samuel Sutton
Clayton, Thomas C. Harris, Joseph Wilkins, Patrick Henry
Sullivan, Thomas W. Hall, jr. and John Endey, or a majority
of them, shall meet and organize by choosing from their own
number a president, appoint a secretary and other servants
and agents ; make such by-laws as for the time being they shall
deem expedient, and manage the affairs of the corporation as
directors, until others are selected or appointed in their stead.
Sec. 4. Be it further enacted, That the said corporation
shall exist -for thirty years, and this act shall he in force from
its passage. {^Ratified the 15th day of February, 1861.]
Chap. 107. an act to incorporate the silver valley mining company
in the county of davidson.
Body politic. Section 1. Be it enact.ed by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Thomas IV. Hall, jr., Thomas C.
Harris, S. S. Clayton, Benjamin P. Tallmadge and Joseph
Wilkins, and their associates, successors and assigns, are hereby
created and constituted a body politic and corporate, by the
name and style of the "Silver Valley Mining Company," for
Powers. the purpose of working, mining and exploring for silver, gold,
lead, copper, iron and all other metals and minerals, and for
mining, vending, smelting and working the same; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend in any court of law or equity whatsoever
in all suits and actions; may have a common seal and the
same alter at pleasure, and may enjoy all the privileges and
powers incident to mining and smelting corporations, and may
also purchase, hold and convey, any real and personal property
or estate as capital stock, to the amount of one million of dollars,
stock. Sec. 2, Be it further enacted, That the said corporation
may divide their stock into such number of shares and may
provide for the sale and transfer thereof in such manner and
form as said corporation shall from time to time deem expedient,
and may levy and collect assessments, forfeit and sell delin¬
quent shares, declare and pay dividends on the shares, and may
make, alter and repeal such by-laws and regulations as said
80
Powers.
1860-61. Chap. 107-108.
81
corporation may deem necessary, not repugnant to the laws of
this State and of the United States.
Sec. 3. Be it further enacted, That it shall be lawful for Powers
the said corporation to be managed by three or five directors,
two of whom at least shall be residents of this State, who shall
have power to fill vacancies in their own body, shall continue
in office until others are elected or appointed, and shall exer¬
cise all such rights as by this act are conferred and granted;
but the stockholders shall have the right to elect said directors
annually.
Sec. 4. Be it further enacted, That the aforesaid Thomas Directors.
W. Hall, jr., Thomas C. Harris, S. S. Clayton, Benjamin F.
Tallmadge and Joseph Wilkins shall manage the affairs of said
corporation as directors until others are elected or appointed.
Sec. 5. Be it further enacted, That this corporation shall
exist for thirty years, and that this act shall be in force from
and after its ratification. [Ratified the 15th day of February,
1861.]
an act to incorporate the gibson hill mining company, 108.
in the county oe guilford.
Section 1. Be it enacted by the General Assembly of the Body p°litie-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Francis A. Garrett, Obed C. An¬
thony, Samuel P. Heir, James W. Dick, James M. Garrett,
Joseph C. Manning and D. P. Heir, and their associates, suc¬
cessors and assigns, be, and they are hereby created and con¬
stituted a body politic and corporate, by the name and style of
the -"Gibson Hill Mining Company," for the purpose ofpowers.
working, mining and exploring for gold, copper and all other
metals, minerals and ores; for mining, smelting, working and
vending the same; and by that name [may] sue and be sued, plead
and be impleaded, appear, prosecute and defend in any court
of law or equity; contract and be concluded with; and may
have and use a common seal, and alter the same at pleasure;
and may enjoy all the rights, privileges and powers necessary
or incident to mining, smelting, manufacturing and vending
metals or chemicals; and may also purchase, hold, sell, morfc
6
82
1860-61. CHAP. 108-109.
gage, "bind or convey real or provisional [personal] property
or estate, with a capital not to exceed one million dollars.
Sec. 2. Be it further enacted, That said corporation may
divide their stock into such number of shares of not less than
five dollars value, and provide for the sale and transfer thereof
in such manner and form as said corporation shall from time
to time deem expedient; and may levy and collect assessments,
forfeits, and sell delinquent shares in such manner as the by¬
laws may direct; and shall issue scrip for the shares of stock,
and each share shall entitle the holder thereof to one vote in
the meetings of the stockholders; and also said corporation
shall have power to enact such by-laws and regulations as they
may deem necessary, not repugnant to the constitution of this
State and the United States.
Sec. 3. Be it further enacted, That it shall be lawful for
the corporation to be managed by three or five directors,
two of whom shall be actual residents of this State, who
shall continue in office until others are regularly elected or ap¬
pointed, and exercise all such rights and powers as by this act
is granted; but the stockholders shall have the right to elect
said directors annually.
Sec. 4. Be it further enacted, That this corporation shall
exist for thirty years, and this act shall be in force from and
after its ratification. [Ratified this 31st day of January,
A. B. 1861.]
Chap. 109. AN ACT TO INCORPORATE " THE GARDNER VALLEY."
Body politic. Section 1. Beit enacted by the General Assembly of the
State of North Carolina and it is hereby enacted by the au¬
thority of the same, That Henry E. Johnston, Franklin Osgood,
John Gilmer, and their associates, successors and assigns, are
hereby created and constituted a body corporate and politic,
Powers. by the name, style and title of " The Gardner Valley," for the
purpose of exploring for copper, lead, gold, iron and other
metals and minerals, and for mining, vending and smelting the
game;*and by that name may sue and be sued, plead and be
impleaded, appear, prosecute and defend in any courts of law
and equity whatsoever in all suits and actions; may have a
Stock.
Directors.
1800-61 'Chap. 109-110.
83
common seal and the same alter at pleasure, and may enjoy
all privileges incident to mining corporations; and may pur¬
chase, hold and convey real and personal estate to an amount
not exceeding two millions of dollars.
Sec. 2. Be it further enacted, That the first meeting of By-laws, &c.
Said corporation may be called by the persons named in this
act, or any of them, at such time and place as they may agree
upon; and at such meetings, and at all other meetings legally
notified, said corporation may make, alter and repeal such by¬
laws and regulations for the management of the business of
said corporation as a majority of the stockholders may direct,
not repugnant to the laws of this State or of the United
States.
Sec. 3. Be it further enacted, That the said corporation stock,
may divide their original stock into such number of shares,
and provide for the sale and transfer thereof in such manner
and form as said corporation shall from time to time deem ex¬
pedient, and may levy and collect assessments, forfeit and sell
delinquent shares, declare and pay dividends on the shares in
Such manner as the by-laws shall direct.
Sec. 4. Be it further enacted, That it shall be the duty of Duty of direo
the directors of said company, a majority of whom shall reside
continually in the State, to have regular books of record and
transfer thereof at all times open to the inspection of the
stockholders.
Sec. 2. Be it further enacted, That this corporation shall
be in force thirty years, and this act shall continue in force
from and after its passage. \Ratified this day of De¬
cember, I860.]
as act to incorporate the valley river gold mining and Chap. 110.
aqueduct company oe cherokee county.
Section 1. Be it enacted by the Cfeneral Assembly of the Body corporate
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Elisha Hathaway, G. W. Coffin,
Hezekiah Kelley, and their associates, successors and assigiis,
are hereby created and constituted a body corporate, by the
name and style of the " Valley River Gold Mining and Aque-
84
1860-'61. Chap. 110.
duct Company," for the purpose of exploring for gold, silver
Powers. and other metals and minerals, and for mining, vending, smelt¬
ing and working the same, and also for the purpose of turning
the waters of Vengeance and Taylor's creeks and their tribu¬
taries, in said Cherokee county, by ditches or aqueducts of any
kind, so as to be used for mining purposes, according to the
process known as the hydraulic mining process; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend in any court of law or equity whatever
in all suits and actions; may have a common seal and the same
alter at pleasure, and may enjoy all the privileges incident to
mining corporations ; and may purchase, hold and convey real
and personal estate to an extent not exceeding one million of
dollars.
Powers. Sec. 2. Be it further enacted, That said company shall
have the right t<J conduct the waters of said Vengeance and
Taylor's creeks, and their tributaries, by means of ditches,
canals and aqueducts, through and over all such land as may
be necessary, in oYder to accomplish said mining purposes, and
to make such dams, ditches, &c., as the security and perma¬
nence of said work may require: Provided, Said company
shall pay the owners of any and all lands so used such dam¬
ages as said land owners and said company may agree upon.
Right of way. Sec. 3. And be it further enactedi That if the owners of
said land over which it may become necessary for said com¬
pany to conduct said water, and upon which to construct said
dams, ditches, &c., and said company shall fail to agree upon the
amount of damages sustained or contemplated, then, upon ap¬
plication of said company, and after five days' notice that said
application will be made, the sheriff1 of said Cherokee county
shall summon three freeholders of said county, upon the war¬
rant of the clerk of the county court; said freeholders thus
summoned shall be sworn by the sheriff, on the premises with¬
out unnecessary delay, fairly to estimate and award such
damages, and shall enter upon and view such land, and assess
and award the same in writing, the concurrence of any two
in an award being sufficient; said award being thus made,
shall be returned to be filed and recorded in the clerk's office
of the county court of said county, and the payment or tender
of the damages thus assessed by said company shall vest in it
1860-61. Chap. 110.
85
all the rights contemplated by the several sections of this act:
Provided, That if either party shall be dissatisfied with said
award, the dissatisfied party may, within ten days after the.
same is filed in said clerk's office, enter an appeal therefrom,
which appeal shall be tried before a jury at the next succeed¬
ing term of the superior court; and Provided, also,* That
said company shall have the right, pending such appeal, upon
filing in said clerk's office its bond, with satisfactory security,
to pay all such damages as may be finally assessed, to prosecute
its works through and upon the land necessary to be used as
aforesaid: And be it further enacted, That said commissioners
shall be entitled to two dollars per day while engaged in as¬
sessing the damages, and that the clerk of the county court
shall receive for recording the same the sum of one dollar—
these expenses to be paid by the company.
Sec. 4. And be it further enacted, That if said company, Eight of way.
in the prosecution of the work contemplated by this act, shall
find it necessary to pass over, use and appropriate any lands
the owner or owners of which are to them unknown, or any
lands belonging to the State, said company shall have the
right to enter upon and use said lands, and if the owner or
owners should afterwards present their claims for damages, the
same shall be assessed and paid as provided in the third sec¬
tion of this act, said freeholders basing the award upon
the condition of said land prior to the improvements of said
company thereon, and said damages and value shall in no
event be enhanced or increased thereby.
Sec. 5. And be it further enacted, That if any person or Damage to
persons shall willfully and maliciously destroy or in any man- works. ^
ner hurt, damage, injure or obstruct, or shall council, aid,
assist or advise any person or persons in any manner to hurt,
damage, injure or obstruct said works, or any of the appurte¬
nances or appendages thereto belonging or appertaining, such
person or persons so offending shall be liable to be indicted for Penalty,
a misdemeanor, and, on conviction, shall be fined or impri¬
soned in the common jail of said county, at the discretion of
the court, and shall further be liable to the company for said
trespass.
Sec. 6. Be it further enacted, That the first meeting of First meeting,
said corporation may be called by the persons named in this
86
1860-61. Chap. 110-111.
act, or any two of them, at such time and place as may .be
agreed upon by them, and at such meeting, and at all other
meetings legally notified, said corporation may make, alter and
repeal such by-Jaws and regulations for the management of
the business of the said corporation as the stockholders repre¬
senting a majority of the stock, either in person or by proxy,
may direct, not repugnant to the laws of this State or those
of the United States.
Sec. 7. Be it further enacted, That the said corporation
may divide their original stock into such number of shares,
and provide for the sale and transfer thereof in such manner
or form as said corporation shall from time to time deem ex¬
pedient, and may levy and collect assessments, forfeit and sell
delinquent shares, and declare and pay dividends on the
shares.
Sec. 8. Be it further enacted, That it shall be the duty of
the directors of said company, two of whom shall reside in
this State, to have regular books of record and transfer, kept
by the Secretary or Treasurer thereof, at all times open to the
investigation of the stockholders.
Sec. 9. Be it further enacted, That this corporation shall
exist for thirty years, and this act to be in force from and
after its passage. [Ratified the 18th day of February,
1861.]
Chap. 111. an act to incorporate Cherokee mining company.
Body politic. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That M. Fain, E. J. Fain and T. J.
Craft, and their successors and assigns, are hereby created and
constituted a body politic and corporate, by the name and style
and title of the " Cherokee Mining Company," for the purpose
of working, mining and exploring for gold, copper and all
other metals and minerals, and for mining, vending, smelting
and working the same, and for working and manufacturing;
Powers. and by that name may sue and be sued, plead and be im¬
pleaded, appear, prosecute and defend in any court of law or
equity whatever and in all suits and actions, contract and be
Stock.
Books to be
kept.
1860-61. CHAP. 111.
87
contracted with, and may have and use a common seal, and the
same alter at pleasure, and may enjoy all the rights and privi¬
leges and powers necessary or incident to mining, smelting,
manufacturing and vendipg of metals or chemicals; and may
also purchase, hold, sell, mortgage, bond or convey real and
personal property or estate, with a capital not to exceed six
hundred thousand dollars.
Sec.'2. Be it further enacted, That the said corporation stock,
may divide their stock into such number of shares, and pro¬
vide for the sale and transfer thereof in such manner and form
as said corporation shall from time to time deem expedient,
and may levy and collect assessments, forfeits, and sell delin-'
quent shares, in such manner as the by-laws may direct, and
shall issue scrip for the shares of stock, and each share shall
entitle the holder thereof to one vote in meetings of the stock¬
holders ; and also said corporation shall have power to enact
such by-laws and regulations as they may deem necessary, not
repugnant to the laws of this State and of the United States.
. Sec, 3. Be it further enacted, That it shall be lawful for Directors,
the corporation to be managed by three or five directors, who
shall have power to fill vacancies in their own number, pass
and enact or amend by-laws, and shall continue in office until
others are regularly elected or appointed, and also to exercise
all such rights and powers as by this act are granted ; but the
stockholders shall have the right to elect said directors annu¬
ally, two of whom shall be actual residents of this State. ,
Sec. 4. Be it further enacted, That it shall be lawful for Directors,
the aforesaid M. Fain,.T. J. Craft and E. J. Fain to manage
the affairs of said corporation as directors until others are
elected or appointed; shall meet and organize by choosing
from their own body a president, and appoint a secretary
and other employees, make such by-laws as for the time being
they shall deem expedient, and may then proceed to business.
Sec. 5. Be i\ further enacted, That this corporation shall
exist for thirty years, and this act shall be in force from its
passage. [Ratified 23rd day of February ^ 1861.]
88
1860-'61. CHAP. 112.
Chap. 112. an act to incorporate the conuagah mining company.
Body politic. Section 1. Be it enacted by the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au~
thority of the same, That William Warne, W. H. Calhotm,
Joseph ^Nash, Wm. N. Bilbo and James H. Warne, and their
associates, successors and assigns, are hereby created and con¬
stituted a body politic and corporate, by the name and style
and title of the " Conuagah Mining Company," for the purpose
of working, mining and exploring [for] gold, silver, copper and
all other minerals, and for mining, vending, smelting and work-
Powers. ing the same, and for working and manufacturing; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend in any court of law or equity whatever
and in all suits and actions, contract and be contracted with,
and may have and use a common seal and the same alter at
pleasure; and may enjoy all the rights and privileges and pow¬
ers necessary or incident to mining, smelting, manufacturing
and vending the same; and may also purchase, hold, sell,
mortgage, bond or convey real and personal property or estate,
with a capital not exceeding one million of dollars.
stock. Sec. 2. Be it further enacted, That the said corporation
may divide the stock into such number of shares, and provide
for the .sale and transfer thereof in such manner and form as
said corporation shall from time to time deem expedient, and
may levy and collect assessments, forfeits, and sell delinquent
shares, in such manner as the by-laws may direct, and shall
issue scrip for the shares of stock, and each share shall entitle
the holder thereof to one vote in meetings of the stockholders;
and also said corporation shall have power to enact Buch by¬
laws and regulations as they may deem necessary, not repug¬
nant to the laws of this State and of the United States.
Directors. Sec. 3. Be it further enacted, That it shall be lawful for
the corporation to be managed by three or five directors, who
shall have power to fill vacancies in their own numbers, pass
and enact or amend by-laws, and shall continue in office until
others are regularly elected or appointed, and also to exercise
all such rights and powers as by this act are granted; but the
stockholders shall have the right to elect said directors annu¬
ally, two of whom shall be actual residents of this State.
1860-61. Chap. 112-113.
89
Sec. 4. Be it further enacted, That it shall he* lawful for officers,
the aforesaid Wm. Warne, Wm. H. Calhoun, Joseph Nash,
William N. Bilbo and J. H. Warne to manage the affairs of
said corporation as directors until others are elected or ap¬
pointed ; shall meet and organize by choosing from their own
body a president, and appoint a secretary and other employees,
make such by-laws as for the time being they shall deem expe¬
dient, and may then proceed to business.
Sec. 5. Be it further enacted, That this corporation shall
exist for sixty years, and this act shall be in force from its
passage. [Ratified the 12th of day February, 1861.]
an act to incorporate carolina gold and copper company. Chap. 113.
Section 1. Be it enacted by the Creneral Assembly of the body p°litig-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That E. Dimmock, D. F. Ramsour, W.
Warne and T. J. Craft, and their associates, successors and
assigns, are hereby created and constituted a body politic, and
corporate, by the name and style and title of the " North Ca¬
rolina Gold and Copper Company," for Ihe purpose of work¬
ing, mining and exploring for gold, copper and all other metals
and minerals, and for mining, vending, smelting and working
the same, and for working and manufacturing; and by that Powers,
name may sue and be sued, plead and be impleaded, appear,,
prosecute and defend in any court of law and equity whatso¬
ever and in all suits and actions, contract and be contracted
with, and may have and use a common seal, and the same alter
at pleasure, and may enjoy all the rights and privileges and
powers necessary or incident to mining, smelting, manufactu¬
ring and vending of metals or chemicals; and may also pur¬
chase, hold, sell, mortgage, bond or convey real and personal
property or estate, with a capital not to exceed one million of
dollars.
Sec. 2. Be it further enacted, That the said corporation stock,
may divide their stock into such number of shares, and provide
for the sale and transfer thereof in such manner and. form as
said corporation shall from time to time deem expedient, and
may levy and collect assessments, forfeitures, and sell flelin-
90
1860-61. Chap. 113-114.
quent shares, in such manner as the by-laws may direct, and
shall issue scrip for the shares of stock, and each share shall
entitle the holder thereof to one vote in meetings of the stocks-
holders ; and also said corporation shall have power to enact
such by-laws and regulations as they may deem necessary, not
repugnant to the laws of this State and of the United States.
Directors. Sec. 3. Be it further enacted, That it shall be lawful for
the corporation to be managed by three or five directors, who
shall have power to fill vacancies in their own number, pass
and enact or amend by-laws, and shall continue in office until
others are regularly elected or appointed, and also to exercise
all such rights and powers as by this act are granted; but the
stockholders shall have the right to elect said directors annu¬
ally, two of whom shall be actual residents of this State.
officers. Sec. 4. Be it further enacted, That it shall be lawful for
the aforesaid E, Dimmock, D. F. Ramsour, W. Warne and T.
J. Craft to manage the affairs of said corporation as directors
until others are elected or appointed; shall meet and organize
by choosing from their own body a president, and appoint a
secretary and other employees, make such by-laws as for the
time being they shall deem expedient, and may then proceed
to business.
Sec. 5. Be it further enacted, That this corporation shall
exist for thirty years, and that this act shall be in force from
its passage. [Ratified the 22nd day of February, 1861.]
Chap. 114. an act to release and kemit ant penalties or forfeit¬
ures incurred by the corporation created by act
entitled " an act to incorporate the lagrange mining,
manufacturing and transportation company."
Body politic. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the samet That any and all penalties or forfeitures
incurred by the corporation or body politic created by an act
of the General Assembly passed at the session of 1850-51,
eiftitled " An act to incorporate the Lagrange Mining, Manu¬
facturing and Transportation Company," be, and the same are
hereby remitted and released.
1860-61. Chap. 114-115.
91
Sec. 2. Be it further enacted, That any organization by Organization, in
said corporation in the State of New York which would have
been a legal and effectual organization of said company under
said act of incorporation and the laws of this State, except as
to the time thereof, be, and the same is hereby declared to be
as good and effectual to all intents and purposes, without re^
gard to the time thereof, as if the said organization had taken
place in this State, and within the time specified by law.
Sec. 8. Be it further enacted, That said corporation shall corporate privi-
continue to exercise the corporate privileges and powers here¬
tofore granted by said act of incorporation, and shall hereaf¬
ter be subject only to such penalties and forfeitures as would
attach to a corporation created by like acts of incorporation
passed at the present session of the General Assembly.
Sec. 4. . Be it further enacted, That this act shall be in
force from and immediately after its ratification. [Ratified
the 25th day■ of February, 1861.]
an act to incorporate the lincoln copper and gold Chap. 115.
mining company.
Section 1. Be it enacted by the Gfeneral Assembly of the Body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Henry Cansler, John F. Hoke,
Francis Hoke, Daniel Seagle and Wm. J. Hoke, and their
associates, successors and assigns, be, and they are hereby
created and constituted a body corporate and politic, by the
name and style of the " Lincoln Copper and Gold Mining
Company and as such shall and may have and use a com- Powers,
mon seal, and change the same at pleasure; may sue and be
sued, plead and be impleaded in any court of law and equity;
have power to make all such by-laws and regulations, not in¬
consistent with the laws and constitution of this State, as may
be deemed necessary for the government of said company,
which shall be binding thereon; and shall have, exercise and
enjoy all the rights and privileges of a body corporate neces¬
sary to carry on the business of mining, smelting and manu¬
facturing, and of transporting and vending their products ; and
92
1860-61. Chap. 115.
shall have the power to purchase, lease, hold, dispose of and
convey any estate, real, personal or mixed.
gtock> Sec. 2. Be 'it further enacted, That the capital stock of
said company may be divided into such number of shares, and
of such amount for each share as thestoekholders thereof may
in general meeting direct: Provided, That the capital stock
shall not exceed three hundred thousand dollars, which shares
shall be considered as personal property, and certificates
therefor may be issued, and the same be made transferable
and assignable, and liable to assessment, forfeiture and sale
by the board of directors, in such manner as the by-laws of
the Corporation shall prescribe.
Directors.- Sec. 3. Be it further enacted, That the affairs of the
said company shall be managed by a board of directors, who
must be stockholders, composed of such number and elected
by the, stockholders in such manner as the by-laws shall di¬
rect, and they shall choose one of their number to be president
of the board and of the company; three of the board of direc¬
tors shall be a quorum to transact business, of whom the pres¬
ident, or one appointed by him to fill his place, shall always
be one; they shall have power to fill any vacancy that may
happen in their body, and until the first election of directors
shall be held by the stockholders, the said Henry Cansler,
John F. Hoke, Francis Hoke, Daniel Seagle and William J.
Hoke shall constitute the board of directors of said company,
with full power and authority to exercise all the corporate
powers thereof.
Meetings. ' Sec. 4. Be it further enacted, That general meetings of
the stockholders in said company may be called and held as the
by-laws shall prescribe; to constitute a meeting, there must be
present, in person or by proxy, (the proxy being a stockholder,)
those who hold a majority of the stock, each share of which
shall entitle the holder to one vote, and every act shall require
the sanction of a majority of the votes which may be present.
Sec. 5. Be it further enacted, That this act shall take ef¬
fect and be in fotce from and after its ratification, and shall
continue in force for the period of thirty years. [Ratified the
20fA day of February, 1861.]
1860-61. Chap. 116.
93
an act to incorporate concord copper mining company. Chap. 116.
Section 1. Be it enacted by the Cceneral Assembly of the body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That George C. Irwin, John L. Donnel,
W. J. McConnel, L. G. Coffin, R. C. Hoffman, and their asso¬
ciates, successors and assigns, be, and they are hereby created
and constituted a body corporate and politic, by the name and
style of the "Concord Copper Mining Company," and as suchPowera.
shall have! perpetual succession, and may have and use a common
seal and change the same at pleasure, may sue and be sued,
plead and be impleaded in any court of law and equity; have
power to make all such by-laws and regulations, not inconsis¬
tent with [the] laws and constitution of this State and the
United States, as maybe deemed necessary for the government
of • said company, which shall be binding thereon, and shall
have, exercise and enjoy all the rights and privileges of a
body corporate, necessary to carry on the business of mining,
smelting and manufacturing, and of transporting and vending
their products; and shall also have the power to purchase,
lease, hold, dispose of and convey any estate, real, personal or
mixed: Provided, That the said' company shall at no time
hold more than two thousand acres of land.
Sec. 2. Be it further enacted, That the capital stock of stock,
said company may be divided into such number of shares, and
of such amount for each share, of not less than five dollars, as
the stockholders thereof may in general meeting direct: Pro¬
vided, That the capital stock shall not exceed one million of
dollars, which shares shall be considered personal property,
and certificates. therefor may be issued, and the same be made
transferable and assignable, and liable to assessment, for¬
feitures and sale by the board of directors, in such manner as
the by-laws of the corporation shall prescribe.
Sec. 3. Be it further enacted, That the affairs nf said com- Directors,
pany shall be managed by a board of directors, two at least of
whom shall reside in this State, who must be stockholders,
composed of such number and elected by the stockholders in
such manner as the by-laws may direct, and they shall choose
one of their number to be president of the board and of the
company. Three of the board of directors shall be a quorum to
94
1860-61. Chap. 116-117.
transact business, of whom the president, or one appointed by
him to fill his place, shall always be one. They shall have
power to fill any vacancy that may happen in their body, and
until the first election of directors shall be held by the stock¬
holders, the said George C. Irwin, John L. Donnel, W. J.
McConnel, L. G. Coffin, R. C. Hoffman shall constitute the
board of directors of said company, with full power and aus
thority to exercise all the corporate powers thereof.
Meetings. Sec. 4. Be it further enacted, That general meetings of
the stockholders in said company may be called and held as the
by-laws shall prescribe. To constitute a meeting there must
be present, in person or by proxy—the proxy being a stock¬
holder—those who hold a majority of the stock, each share of
which shall entitle the holder to one vote, and any act shall
require the sanction of a majority of the votes which may be
present.
no banking Sec. 5. Be it further enacted, That this act shall not be
privileges. . ' . „
so Construed as to give to said company any banking privi¬
leges, or any right to issue notes payable to bearer or order
for circulation as bank notes, or to exempt the land and other
property of the corporation from taxation.
Sec. 6. Be it further enacted, That this act shall take effect
and be in force from and after its ratification, and shall con¬
tinue in force for the period of thirty years. [.Ratified the 22d
day of February, 1861.]
Chap. 117. an act to incorporate the rudisill gold mining company
of baltimore city.
Body politic. Section 1. Be it enacted by the General Assembly of North
Carolina, and it is' hereby enacted by the authority of the
same, That John J. Wight, William Fisher, Joseph Reynolds,
Augustus C» Pracht, and William R. Penniman, and Thomas
Googh, and their associates, successors and assigns, are hereby
created and constituted a body politic and corporate, by the
name and style and title of the " Rudisill Gold Mining Com-
^owere. pany. of Baltimore City," for the purpose of working, mining
and exploring for gold, copper and all other minerals and
metals, and for mining, vending, smelting and working the
1860V61. Chap. 117.
95
same, and for working and manufacturing; and by that name
may sue and be sued, plead and be impleaded, appear, prose¬
cute and defend in any court of law or equity in tbis State
whatsoever in all suits and actions; may have a common seal
and the same alter at pleasure; and may enjoy all the privi¬
leges and powers incident to mining, smelting and manufac¬
turing corporations; and may also purchase, hold and convey
any real and personal property or estate, as capital stock, to
the amount of seven hundred and fifty thousand dollars.
Sec. 2. Be it further enacted, That said corporation may stock,
divide their stock into such number of shares, and provide for
the sale and transfer thereof, in such manner and form as said
corporation shall from time to time deem expedient; and may
levy and collect assessments, forfeit and sell delinquent shares
in such manner as the by-laws may direct, and shall issue scrip
for the shares of stock? and each share shall entitle the holder
thereof to one vote in meetings of stockholders; and also said
corporation shall have power to enact and pass all such by-laws
and regulations as they may deem necessary, not repugnant to
the laws of this State and of the United States.
Sec. 8. Be it further fenacted, That it shall be lawful for Directors,
the corporation to be ^anaged by three or five directors, who
shall have power to f$t vacancies in their own body, shall con¬
tinue in office until others are elected or appointed, and also to
exercise all such rights as by this act are conferred or granted;
but the stockholders shall have power to elect said directors
annually, two of whom shall be actual residents of this State.
Sec. 4. Be it further enacted, That the aforesaid John J. Directors.
"Wight, William Fisher, Joseph Reynolds, Augustus C. Pracht,
William R. Penniman and Thomas Googh, shall manage the
affairs of said corporation as directors until others are elected
or appointed, shall meet and organize by choosing one of their
own body a president, and appoint a secretary and other em¬
ployees, make such by-laws as for the time being they shall
deem expedient, and may then proceed to business.
Sec. 5. Be it further enacted, That this corporation shall
exist for thirty years from the passage of this act, and that
act this be in force from and after its passage. [Ratified the
23d day of February, 1861.]
96
1860—*61. Chap. 118-119.
Chap. 118. an act to incorporate the riddick's creek mining company*
Body politic. Section 1. Be it enacted "by the General Assembly > of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Dan'l Worth, Peter Adams, Hiram
C. Worth and William Worth, and their associates, successors
and assigns, he and they are hereby created and constituted a
^ody politic and corporate, by the name and style and title of
the "Riddick's Creek Mining Company," for the purpose of
Powers. ' working and mining and exploring for gold, copper and all
other metals, minerals and ores, and for mining, smelting,
working and vending the same; and may also purchase, hold,
sell, mortgage, bond or convey real or personal property or
estate, with a capital not exceeding one million of dollars.
stock- Sec. 2. Be it further enacted, That said corporation may
divide their stock into shares of not less than five dollars, and
one of its directors shall live in North Carolina.
Sec. 8. Be it further enacted, That the corporation shall
exist for sixty years, and this act shall be in force from and
after its ratification. [Ratified the 20iA day of February,
1861.]
Chap. 119.act t0 incorporate the Baltimore and north Carolina
copper and gold mining company.
Body corporate. Section 1. Be it enacted by the Cfeneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Gilmore Meredith, Israel Cohen,
Thomas C. Harris, Samuel Sutton Clayton and Joseph Wilkins,
their associates, successors, and assigns, be, and they are hereby
constituted a body corporate, by the style of the " Baltimore
Powers. and North Carolina Copper and Gold Mining Company," for
the purpose of working, mining and exploring for copper, gold,
silver and other metals, and of working, mining, vending and
smelting the' same; and by that name may sue and be sued,
plead and be impleaded, appear, prosecute and defend in any
court of law or equity whatsoever in all suits and actions; may
have a common seal and the same alter at pleasure; and may
enjoy all the powers and privileges incident to mining and
1860-61. Chap. 119-120.
97
smelting corporations; and may purchase, hold and convey
real and personal property or estate, as capital stock, to the
amount of one million of dollars.
' Sec. 2. Be it further enacted, That the said corporation stock,
may divide their capital stock into such number of shares, and
provide for the sale and transfer thereof in such manner and
form as they shall from time to time deem expedient; may levy
and collect assessments, and forfeit and sell delinquent shares;
and may make and enact such by-laws and regulations as they
may from time to time deem expedient, not inconsistent with
the laws of this State and of the United States.
Sec. 3. Be it further enacted, That it shall be lawful for Directors,
the affairs of the said corporation to be managed by three or
more directors, two of whom at least shall be citizens of North
Carolina', who shall he chosen ^annually; shall appoint a presi¬
dent and secretary; shall have power to fill vacancies in their
own body, and shall continue in office until others are elected
or appointed in their stead; and shall exercise all the powers
which by this act are granted or conferred.
Sec. 4. Be it further enacted, That the said corporation shall
endure for thirty years, and this act be "in force from its
passage. [Ratified the 15th day of February, 1861.]
an act to incorporate the adams hill mining company, Chap. 120.
Section 1.. Be it enacted by the General Assembly of iAc Body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Peter Adams, David McKnight
and A. P. Eckel, and their associates, successors and assigns,
be, and they are hereby created and constituted a body politic
and corporate, by the name and style and title of the " Adams
Hill Mining Company," for the purpose of working, mining powers,
and exploring for gold, copper.and all other metals, minerals
and ores, and for mining, smelting, working and vending the
same; and may also purchase, hold, sell, mortgage, bond or
convey real or personal property or estate, with a capital not
exceeding one million of dollars.
Sec. 2. Be it further enacted, That said corporation may stock,
divide their original stock into such number of shares, and pro-
7
98
1860—*61. Chap. 120-121.
vide for the sale and transfer thereof in such manner and form
as said corporation shall from time to time deem expedient;
and may levy and collect assessments, forfeit and sell delinquent
shares, declare and pay dividends on the shares in such manner
as their hy-laws shall direct.
Sec. 3. Be it further enacted, That one of the directors of
said corporation shall reside in the State of North Carolina.
Sec. 4. Be it further enacted, That this corporation shall
exist for sixty years, and this act shall he in force from and
after its ratification. [Ratified the 20th day of February,
4861.]
NAVIGATION COMPANIES.
Chap. 121. an act to continue the improvement and provide for
the equipment of the albemarle and chesapeake
canal and the waters connected therewith.
Exchange of Section 1. Be it enacted by the General Assembly of the
state. State of North Carolina, and it is hereby enacted by the au¬
thority of the samet That for the purpose of completing the
canal and navigation now under contract by the Albemarle
and Chesapeake Canal Company, and to provide for motive
power necessary for transportation through the same, the
public treasurer is hereby authorized and directed to exchange
the six per cent, coupon bonds of this State to the amount of
two hundred thousand dollars, (which bonds are to he made in
the same manner and form as those heretofore issued to said
company,) for two hundred thousand dollars of the first mort¬
gage seven per cent, coupon bonds of the said Albemarle and
Chesapeake Canal Company.
Excess of into- gec. 2. Be it further enacted, That the said public trea-
rest deposited . ' r
in sinking fund, surer shall deposit semi-annyally with the commissioners of
the sinking fund the sum of one thousand dollars, or the ex¬
cess of interest received over and above that paid by the State
on the bonds issued under this act.
ptmtipaiof Sec. 3. Be it further enacted, That the moneys so de¬
posited with the commissioners of the sinking fund shall be
invested by them in such manner as they may deem best, so
1860-61.——Chap. 121-122.
99
as to constitute a fund to pay tlie principal of the said bonds
authorized to be exchanged under this act.
Sec. 4. Be it further enacted, That said company shall Mortgages,
make no further mortgage upon their canals and other pro¬
perty, without discharging all its liabilities to the State of
North Carolina.
Sec. 5. Be it further enacted, That this act shall be in
force from its ratification. [Ratified the §th day of Feb¬
ruary, 1861.]
an act to provide for a continuation of the improve- Chap. 122.
ment of cape fear and deep river slack water navi¬
gation.
Section 1. Be it enacted by the G-eneral Assembly of the Work to be
State of North Carolina, and it is hereby enacted by the au-contlnued-
thority of the same, That the board of managers, appointed
to repair and continue said improvement, a3 provided under
the act of 1858-59, chapter 142, be authorized to continue
it: Provided, That the total amount of the expenditure shall proviso,
not exceed thirty-thousand dollars per annum, including all
necessary expenses incurred by the managers in the transac¬
tion of the business intrusted to them.
Sec. 2. Be it further enacted, That the board of managers pay of manar
shall be entitled to the same allowance while engaged in thegers'
performance of their duties, for per diem, mileage, &c., as
members of [the] internal improvement board.
Sec. 3. Be it further enacted, That the commissioners of commissioners
the Cape Fear and Deep River Navigation Works be, andmayse11 works"
they are hereby authorized and required to sell, so soon as
they may deem advisable, the State's interest in said works
upon such terms as they may deem best.
Sec. 4. Be it further enacted, That the purchasers of said purchasers to
interest, together with the other stockholders, shall form a porate°dy eor"
body corporate, under the name and style of the " Cape Fear
and Deep River Navigation Company," and shall possess all
the powers and privileges that were formerly held by the old
company of that name.
100
1860-61. Chap. 122-123-124.
Conflicting Sec. 5. Be it further enacted, That all laws and clauses of
laws coming in conflict with this act he, and the same are
hereby repealed, and this act shall he in force from and after
its passage. [Ratified the 23d day of February, 1861.]
Chap. 123. an act to amend an act, entitled "an act to extend
the powers oe the new riyer navigation company."
Authorizes the Section 1. Be it enacted by the G-eneral Assembly of the
drawbridges. State of Borth Carolina, and it is hereby enacted by the au¬
thority of the same, That the president and directors of the
New River Navigation Company he, and they are hereby
authorized and empowered to erect draw-bridges or gates, or
to extend a chain across said New river, so as to facilitate the
collection of the tolls due said company.
Sec. 2. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 23d day
of February, 1861.]
PLANK ROADS.
Chap. 124. an act por the relief of the greenville and raleigh
plank road company, and to empower the same to sell
or transfer its corporate property.
Power to wind Section 1. Be it enacted by the General Assembly of the
pany's affairs. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the Greenville and Raleigh Plank
Road Company may, and the said corporation is hereby au¬
thorized and empowered to call a meeting of its members, to
be held in the town of Greenville, to begin on the third Thurs¬
day of March, in the year of our Lord one thousand eight
hundred and sixty-one, and to hold and continue its sessions
until the business thereof shall be completed. Notice of said
meeting, signed by the president or presiding member of said
corporation, to be given by advertisement for two weeks pre¬
vious thereto in some newspaper printed in the town of Wash-
1860-'61. Chap. 124.
101
ington, for the purpose of preparing the business of said
corporation for its dissolution;
Sec. 2. The said corporation at said meeting may hy vote, Effects of com-
pursuant to the requisition of the by-laws thereof, empower pany"
and authorize the president and two of its members to take
charge of the estate and effects thereof, and to collect the
debts and property due and belonging to the said corporation;
to prosecute and defend, in the name of the corporation, all
such suits as he necessary or proper for the purposes afore¬
said, and that may be necessary for the settlement of the
business of said corporation preparatory to the dissolution Debts due from
thereof; to pay all debts due from the corporation, if theC°mpany
funds in their hands he sufficient therefor, and if not, they
shall distribute the same ratably among all the creditors
thereof that prove the same to be due and owing; and if
there shall be any balance, after the payment of the debts
remaining in their hands, they, shall distribute the same to Balance,
and among those who shall be entitled thereto as stockholders
or members of said corporation ; to sell, transfer and convey,
in fee simple absolutely, all its corporate rights, titles and sale of works,
estates—the right to receive fare and tolls for the use of said
road excepted—to such person or persons as will give the
highest price or sum for the same, they retaining a commission
for such services of five per centum upon their receipts and
for making conveyances of the property sold.
Sec. 3. And be it further enacted, That the business for Business of
which the said corporation was established shall, from and dosepany to
after the said sales, no longer be continued, but the same shall
cease and determine, and no fares or tolls for the use of said
road shall be charged, nor shall there be any further duty or
obligation upon the said corporation to keep in repair the
said plank road or any part thereof, but the charter of the
said corporation shall henceforth cease, determine, and be
null and void: Provided, That all suits against said corpora- Suits pending,
tion for forfeitures or penalties incurred'by acts of omission
or commission already commenced, or that shall be prior to
the discontinuance of the business of said road commenced,
shall and may be prosecuted to a recovery and execution
therefor.
102
1860-61. Chap. 124-125-126.
Sec. 4. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 25th day
of February, 1861.]
POOR.
Chap. 125. an act concerning the management of the poor in the
county of forsythe.
sale or delivery Section 1. Be it enacted by the General Assembly of the
licjuors pro- State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it shall not be lawful for any person
to sell or deliver to any pauper residing at the poor-house of
the county of Forsythe, any spirituous liquor, or liquor of
which spirituous liquor may be a chief ingredient, without
permission in writing from the overseer or keeper of the poor-
house aforesaid for the time being.
Penalty. Sec. 2. Be it further enacted, That any person offending
against the provisions of this act shall forfeit and pay the sum
of five dollars, one-half to the overseer or keeper of the poor-
house aforesaid, for the use of the poor, and the other half to
him who will sue for the same.
How recovered. Sec. 3. Be it further enacted, That all penalties accruing
under this act shall and may be recovered by warrant before
any justice of the peace for the county of Forsythe. [Ratified
the 20th day of February, 1861.]
Chap. 126. an act to allow the wardens of the poor for the county
of wake to hold their meetings at the poor-house and
for other purposes.
Meetings of
wardens.
Compensation
to treasurer.
Section 1.* Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the wardens of the poor for the
county of Wake may hold their meetings at either the court¬
house or poor-house in said county.
Sec. 2. Be it further enacted, That the treasurer of the
warden's court be allowed two and a half per cent, on his
vouchers from said court.
1860-61. Chap. 126-127.
108
Sec. 3. Be it further enacted, That each warden he paid compensation
a i n -I f . . , , . . to wardens.
two dollars per day tor each and every day he serves in the
capacity of warden, to be paid out of any moneys in the hand3
of the treasurer of said court not otherwise appropriated.
Sec. 4. Be it further enacted, That this act [shall] be in
force from and after its ratification. [Ratified the 22d day of
February, 1861.]
RAILROADS.
an act to amend an act, entitled "an act to incorporate Chap. 127.
the atlantic, tennessee "and ohio railroad company,"
ratified february 15TH, 1855.
Section 1. Be it enacted by the G-eneral Assembly of the corporate
State of North Carolina, and it is hereby enacted by the au~
thority of the same, That the stockholders of the " Atlantic,
Tennessee and Ohio Railroad Company" that reside in North
Carolina shall be incorporated, under the name of the "At¬
lantic, Tennessee and Ohio Railroad Company in North Ca¬
rolina."
Sec. 2. Be it further enacted, That now the acting presi- Powers ^presi¬
dent and directors of said road in North Carolina shall have tors,
power to do and accomplish all things pertaining to their
officers [offices] until their successors shall be elected.
Sec. 3. Be it further enacted, That the president and Meetings,
directors shall, at such time as they shall deem expedient, call
a general meeting of all the stockholders of said company in
North Carolina, to meet at such place in North Carolina as
they shall designate, and the company incorporated by this
act of amendment shall have all the general powers that are
by the statute concerning corporate companies .conferred on
corporations.
Sec. 4. Be it further enacted, That the said Atlantic, Ten- Powers,
nessee and Ohio Railroad Company shall have the power to
collect and receive all sums subscribed with the commissioners
of the Atlantic, Tennessee and Ohio Railroad Company in this
State, to be applied in the construction and equipment of the
Atlantic, Tennessee and Ohio Railroad in North Carolina, and,
104
1860-61. Ohap. 127.
shall have the power to increase the subscription to the stock
of said company by means of such agents as they may appoint,
and to collect and apply the amount of such additional sub¬
scriptions towards the construction and equipment of said rail¬
road in North Carolina; and when such shall be completed, or
any portion of it, the Atlantic, Tennessee and Ohio Railroad
Company in North Carolina shall have the exclusive use and
profits of said road to the Tennessee State line, until the said
railroad shall be built and equipped for transportation and for
use as far as its intersection with the East Tennessee and
Virginia Railroad : Provided, That the said road shall not be
either the North Carolina or South Carolina gauge, but an
independent gauge.
Powers. Sec. 5. Be it further enacted, That the Atlantic, Ten¬
nessee and Ohio Railroad Company in North Carolina shall
have no power or authority to bind the faith and credit of the
Atlantic, Tennessee and Ohio Railroad for the acts and con¬
tracts of the first-named company, or any of the stockholders
thereof be bound for the acts and contracts of the last-named
company; nor shall the last-named company receive or collect
any of the instalments in the subscriptions by stockholders in
North Carolina, nor shall it receive or demand any profits
arising from the said road in North Carolina.
Sec. 6. Be it further enacted, That all claims for damages
done to any land by the said company in the construction of
their road shall be barred after two years from the time of
action occuring [accruing].
Duration of act. Sec. 7. Be it further enacted, This act of amendment shall
be and continue in force with the Atlantic, Tennessee and
Ohio Railroad until said road shall be completed to the inter¬
section with the East Tennessee and Virginia Railroad, and no
longer.
Sec. 8. Be it further enacted, That whenever the said rail¬
road shall be completed to the intersection with the East
Tennessee and Virginia Railroad, the Atlantic, Tennessee and
Ohio Railroad Company shall by such name be an incorpo¬
rated company in North Carolina, subject to the regulations
and restrictions imposed by the aforesaid act, entitled "An
act to incorporate the Atlantic, Tennessee and Ohio Railroad
Company," except that said company shall have power to hold
1860-61. Chap. 127-128.
105
its annual, as well as its occasional, meetings at any point in
North Carolina which the stockholders in general meeting or
the directors shall designate, as well as at Jonesboro' in
Tennessee.
Sec. 9. Be it further enacted, That the stockholders of President,
said Atlantic, Tennessee and Ohio Railroad Company in North
Carolina shall annually elect seven directors, who shall elect
one of their number president. Should said election for any
cause fail to take place, the president and directors shall re¬
main in office until their successors are elected.
Sec. 10. Be it further enacted, That the acceptance of this
amendatory act by a majority of the stockholders in North
Carolina shall be deemed and taken as valid acceptance of the
same by the Atlantic, Tennessee and Ohio Railroad Company.
SeJc. 11. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28d day of
February, 1861.]
ah act to incorporate the caswell railroad company. Chap. 128.
Section 1. Be it enacted by the Ceneral Assembly of the Title and stock.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a company by the name of " The
Caswell Railroad Company" be, and the same is hereby in¬
corporated, with a capital of one million of -dollars, divided
into shares of one hundred dollars each, for the purpose of
constructing a railroad from the town of Milton, in Caswell
county, by Yanceyville, to the company shops in Alamance
county.
Sec. 2. Be it further enacted, That for the purpose of ere- commissioners,
ating the capital stock of said company, the following persons
are hereby appointed general commissioners: Giles Mebane,
James G. Moore, G. W. Swepston, John Tapscot, Samuel
Watkins, M. McGehee, Geo. W. Thompson, Samuel P. Hill,
N. M. Roan, William Long, Dr. Allen Gunn, whose duty it
shall be to direct the opening of books for subscription at
such times and places as they, or a majority of them, may
deem proper; and said general commissioners shall have power
to appoint a chairman of their body, treasurer, and all other
106
1860-61. Chap. 128.
officers their organization may require, and to sue for all sums
of money that ought, under this act, to be recovered by them.
when books Sec. 3. Be it further enacted, That all persons who are by
may be opened. , . fit i
this act authorized, or who may be hereafter by the general
commissioners authorized to open books of subscription, may
do so at any time after the ratification of this act, upon giving
twenty days' notice of the time and place when said books will
be opened; and said books shall be kept open for the space of
thirty days, at least, and as long thereafter as the general
commissioners shall direct; and that all subscriptions of stock
shares. shall be in shares of one hundred dollars, the subscriber pay¬
ing, at the time of making his subscription, five dollars on each
share by him' subscribed, to the person or persons authorized
to receive such subscription; and in case of failure to pay said
sum, all such subscriptions shall be void and of no effect; and
upon closing the books, all such sums as shall have been thus
received of subscribers on the first cash instalment, shall be
paid over to the general commissioners by the persons receiv¬
ing the same; and in case of failure to pay, as aforesaid, such
Delinquent sub-person or persons receiving said money shall be personally
liable to said general commissioners before the organization of
said company, and to the company itself, after the organiza¬
tion, to be recovered in the superior courts of law within this
State, in the county where such delinquent resides; or if he
resides in another State, then in any court in such State hav-
Powerofcom- ing competent jurisdiction. The general commissioners shall
missioners. ■ «« i * n ^
have power to call on and require all persons empowered to re¬
ceive subscriptions of stock at any time, and from time to time,
as a majority of them may think proper, to make a return of
the stock by them respectively received, and to make payment
of all sums of money paid by subscribers; that all persons re¬
ceiving subscription of stock, shall pass a receipt to the sub¬
scriber or subscribers for the payment of the first instalment,
as heretofore required to be paid; and upon their settlement
with the general commissioners, as aforesaid, it shall be the
duty of said general commissioners, in like manner, to pass
their receipts for all sums thus received to the persons from
whom received; and such receipts shall be taken and held to
be good and sufficient vouchers to persons holding them; that
subscriptions of stock may be received as aforesaid, or as here-
1860-61 Chap. 128.
107
after provided for, to the amount of twelve hundred and fifty
thousand dollars.
Sec. 4. Be it further enacted, That it shall he the duty of Books to bo
said general commissioners to direct and authorize said books kept open'
of subscription to be kept open until the sum of one hun¬
dred thousand dollars, at least, shall be subscribed in the
manner aforesaid, and as soon as the said sum of one hundred
thousand dollars, or upwards, shall be subscribed in the man¬
ner aforesaid, and the sum of five dollars on each share paid
in, as aforesaid, the subscribers to said stock shall be, and they
are hereby declared to be a body politic and corporate, in fact
and in law, by the name and. style of " The Caswell Railroad
Company," with all the corporate powers and authority hereby
created and granted, to be held and exercised by said company
and their successors and assigns in perpetuity, and by that
name shall be capable in law and in equity to purchase, hold,
lease, rent, sell or convey estates, real, personal and mixed,
and to acquire the same by gift, devise or otherwise, so far as
shall be necessary for the purposes embraced within the scope,
object and intent of this charter; and shall have perpetual suc¬
cession and a common seal, which they may use, alter or
renew at pleasure, and by their corporate name may sue and
be sued, plead and be impleaded in any court of law or equity
in this State, or in any other State; and shall have, possess
and enjoy all rights, privileges and immunities which corporate
bodies may, and of right dp exercise, and may make all such
by-laws, rules and regulations as are necessary for the govern¬
ment of the corporation, or for effecting the object for which it
is created, not inconsistent with the laws of this State, or of
the United States.
Sec. 5. Be it further enacted, That as soon as one hundred Body politic,
thousand dollars, at least, shall be subscribed in the manner
aforesaid, [and as soon as the said sum of one hundred thou¬
sand dollars, or upwards, shall be subscribed in the manner
aforesaid,] and the sum of five dollars on each share paid in, as
aforesaid, the subscribers to said stock shall be, and they are
hereby declared to be a body politic and corporate, in fact and
in law, by the name and style of " The Caswell Railroad Com¬
pany," with all the corporate powers and authority hereby
created and granted, to be held and exercised by said company
and their successors and assigns in perpetuity; and by that
ioa
1860-61.——CHAP. 128.
name shall be capable, in law and in equity, to purchase, hold,
lease, rent, sell or convey estates, real, personal and mixed,
and to acquire the same by gift, devise or otherwise, so far a3
shall be necessary for the purposes embraced within the scope,
object and intent of this charter, and shall have perpetual suc¬
cession and a common seal, which they may use, alter or
renew at pleasure, and by their corporate name may sue and
be sued, plead and be impleaded, in any court of law or equity
in this State, or any other State; and shall have, possess and
enjoy all the rights, privileges and immunities which corporate
bodies may, and of right do exercise, and may make all such
by-laws, rules and regulations as are necessary for the govern¬
ment of the corporation, or for effecting the object for which it
is created, not inconsistent with the laws of this State, or of
the United States.
Meeting of Sec. 6. Be it further enacted, That as soon as the sttm
stoekho ders. ^ hundred thousand dollars, or upwards, shall be
subscribed as aforesaid, it shall be the duty of the gene¬
ral commissioners to appoint a time for the stockholders
to meet in Milton, in the county of Caswell, which they
shall cause to be previously published for the space of thirty
days in one or more newspapers, at which time and place
the said stockholders shall, in person or by proxy, proceed
to elect by ballot nine directors of the company, and to
enact all such regulations and by-laws as may be necessary for
the government of said corporation and the transaction of its
business. The persons elected directors at this meeting shall
serve such period, not exceeding one year, as the stockholders
may direct; and at this meeting the stockholders shall fix on
the day and place or places when the subsequent election of
directors shall be held, and such elections shall henceforth be
annually made; but if they [the] day of the annual election
shall [should] pass without any election of directors, the cor¬
poration shall not thereby be dissolved, but it shall be lawful
on any other day to make and hold such election in such
manner as may be prescribed by a by-law of the corporation.
Board of direc- Sec. 7. Be it further enacted, That the affairs of said com¬
pany shall be managed by a general board, to consist of nine
directors, to be elected by the stockholders from among them¬
selves, at their first and subsequent general annual meetings;
and no stockholder shall be elected a director, nor serve as
1860-61. Chap. 128,
109
such, unless he he at the time of his election the owner of
five shares of said stock, and shall continue to hold the same
during the term of his service.
Sec. 8. Be it further enacted, That the president of said President,
company shall he chosen by ballot, by a majority of the direc¬
tors, from among themselves, with a salary to he fixed by the
stockholders in general meeting.
Sec. 9. Be it further enacted, That all stockholders, being vote of stock-
citizens of the United States, shall be entitled to vote either in holders"
person or by proxy, the proxy being a stockholder, at all
general meetings; and the vote to which each stockholder
shall be entitled shall be according to the number of shares he
may hold.
Sec. 10. Be it further enacted, That at the first general First meeting of
meeting of the stockholders under this act, a majority of all 0
the shares subscribed shall he represented before proceeding to
business; and if a sufficient number do not appear on the day
appointed, those who do attend shall have power to adjourn,
from time to time, until a regular meeting be thus formed; and
at such meeting the stockholders may provide by a by-law as
to the number of stockholders and the amount of stock to be
held by them, which shall constitute a quorum for the transac¬
tion of business at all subsequent meetings.
Sec. 11. Be it further enacted, That the general commis- neport of com-
sioners shall make their return of the shares of stock sub-mi8S10nera"
scribed for at the first general meeting of the stockholders,
and pay over to the directors elected at that meeting, or their
authorized agent, all sums of money received from subscribers;
and on failure to do so, they shall be personally liable to said
company, to be recovered in like manner as other debts due
the company.
Sec. 12. Be it further enacted, That the board of directors Vacancies in
may fill all vacancies which may occur in it during the period
for which they have been elected, and in the absence of the
president, may fill his place by electing a president pro temr
from among their number.
Sec. 13. Be it further enacted, That the said hoard of Books of sub-
directors shall have power and authority to open books for aanpii<m'
further subscriptions to the stock of said company, at such
times and under such persons as they may designate, in the
event the whole stock be not subscribed before the first general
110
1860-61. Chap. 128.
meeting of the stockholders, and to open and keep open said
hooks, from time to time, until the whole amount of the capital
stock be subscribed.
Gauge. Sec. 14. Be it further enacted, That said company shall
have power, and may proceed to construct, as speedily as pos¬
sible, a railroad, with one or more tracks, of the same gauge
and width of track as the North Carolina Railroad, from the
North Carolina Railroad, at the company shops to the town of
Milton, to be used and operated by steam power.
Privileges. Sec. 15. Be it further enacted, That said company shall
have the exclusive right of conveyance or transportation of
persons, goods, merchandise and produce over the road con¬
structed by them, at such charges as may be fixed upon by a
majority of the directors; and the said company may from
[farm] out their rights of transportation over their said rail¬
road, subject to the rules above mentioned, and said company,
and every person who may have received from them the right
of transportation of goods, wares and produce on said road,
shall be deemed and taken to be a common carrier, as respects
every thing entrusted to them or him for transportation.
Payments 01 Sec. 16. Be it further enacted. That the board of directors
stock* may call for the payment of the sums subscribed as stock in
said company, in such instalments as the interests of the said
company may require. The call for each payment shall be
published in one or more papers of this State [for this State],
for two months before the day of payment; and on failure of
any stockholder to pay each instalment, as thus required, the
directors may sell at public auction, on a previous notice of ten
days, for cash, all the stock subscribed for in said company by
such stockholders, and convey the same to the purchaser at said
sale, discharged from all further liability; and if said sale of
stock do not produce a sum sufficient to pay off the incidental
expenses of sale, and the entire amount owing by such stock¬
holder to the company for such subscription of stock, then and
in that case the whole of such balance shall be held and taken
as due at once to the company, and may be recovered of such
stockholder, or of his executors, administrators or assigns, at
suit of said company, either by summary motion in any court
of supreme jurisdiction, in the county where the delinquent re¬
sides, on a previous notice of ten days to said subscriber, or by
1860-61.-—CHAP. 128.
Ill
action of assumpsit in any court of competent jurisdiction, or
by a warrant before any justice of the peace, when the sum
does not exceed one hundred dollars; and in all cases of
assignment of stock before the whole amount has been paid to
the company, then for all sums due on such stock, both the
original subscribers and the first and all subsequent assignees,
shall be held liable to the company, and the same may be
recovered, as above described.
Sec. 17. Be it further enacted, That the debt of stock¬
holders, due to the company for stock therein, either as origi¬
nal proprietor, or as first or subsequent assignee, shall be
considered of equal dignity with judgments in the distribution
of assets of a deceased stockholder by his legal representative.
Sec. 18. Be it further enacted, That said company shall Transfer of
issue certificates of stock to its members, and said stock may
be transferred in such manner and form as may be directed by
the by-laws of the company.
Sec. 19. Be it further enacted, That the board of directors Reports of
shall, once in every year, at least, make a full report on the
state of the company and its affairs, to a general meeting of
the stockholders, and oftener, if required by a by-law, and
shall have power to call a general meeting of the stockholders,
when the board may deem it expedient; and the company
may provide in their by-laws for occasional meetings being
called, and prescribe the mode thereof.
Sec. 20. Be it further enacted, That said company may Real estate,
purchase, have and hold in fee, or for a term of years,
any land, tenements or hereditaments which may be necessary
for the said road, or the appurtenances thereof, or for the
erection of depositories, store-houses, houses for the officers,
servants or agents of the company, or for work-shops or foun¬
dries, to be used for said company, or for procuring /Stone or
materials necessary to the construction of the road, or for
effecting transportation thereon.
Sec. 21. Beit further enacted, That the company shall Right of way.
have the right, when necessary, to conduct the said road
across or along any public road or water course: Provided,
That the said company shall not obstruct any public road,
without constructing another equally as good and convenient.
12
1860-'61. Chap. 128.
andsmaybe Sec. 22. Be it further enacted, That when any lands or
mdemned. 0f way may ke required by said company for the purpose
of constructing their road, and for want of agreement as to
value thereof, or for any other cause, the same cannot be pur¬
chased from the owner or owners, the same may be taken at
a valuation to be made by five freeholders, selected by the
county court in the county where the right of way is situated.
For making the said valuation, the said freeholders shall take
into consideration the loss or damage which may accrue to the
owner or owners, in consequence of the land or right of way
being surrendered, and# the benefit and advantage, general or
special, which he, she or they may receive by the general
increased value of the land, or any special benefit which may
arise from the location of a depot, or otherwise, on said land,
or any benefit which may accrue, in any way whatever, by the
establishment of said railroad or work, and shall state particu¬
larly the value and amount of each, and the excess of the loss
and damage over and above the advantage and benefit shall
form the measure of valuation of said land or right of way:
Provided, nevertheless, That if any person or persons over
whose lands the road may pass, or if said company should be
dissatisfied with the valuation of said freeholders, then and in
that case the party so dissatisfied may have an appeal to the
superior court, in the county where the damage is done, or in
either county where the land may lie, under the same rules,
regulations and restrictions as in other cases of appeal. The
proceedings of the said freeholders, accompanied with a full
description of the said land or right of way, shall be returned
under the hands and seals of a majority of them, to the court
from which the order was made, there to remain a matter of
record; and the lands or right of way, so valued, shall vest in
the said company so long as the same may be used for the
purposes of said railroad, so soon as the valuation shall have
been made, or when refused, may have been tendered: Pro¬
vided, That on application for the appointment of freeholders,
under this section, it shall be made to appear to the satisfac¬
tion of the court that at least ten days' previous notice had
been given by the applicant to the owner or owners of the land
so proposed to be condemned; or if the owner or owners be
infants, or non compos mentis, then to the guardian of such
1860-61. Chap. 128.
113
owner or owners, if sucli guardian can be found within tbe
county, or if he cannot be so found, then such appointment shall
not be made unless notice of the application shall have been
published at least one month next preceding, in some news¬
paper printed as conveniently as may be to the court-house of
the county, and shall have been posted at the door of the
court-house on the nrst day of the term of said court to which
the application is made: Provided, further, That the valuation
provided for in this section shall be made on oath by the free¬
holders aforesaid, which oath any justice of the peace or clerk
is authorized to administer: Provided, further, That the right
of condemnation herein granted shall not authorize the said
company to invade the c[welling-house, yard, garden or burial
ground of any individual, without his consent. .
Sec. 23. Be it further enacted, That the right of -said com- what quantity
pany to condemn lands in the manner as aforesaid shall extend ^mned?°n
to the condemning one hundred feet on each side of the track
of the road, measuring from the centre of the same, unless in
case of deep cuts and fillings, when said company shall have
power to condemn as much in addition thereto as may be
necessary for the purpose of constructing said road; and the
company shall also have power to condemn and appropriate
lands in like manner for the constructing and building of de¬
pots, shops, warehouses, buildings for servants, agents and
persons employed on the road, not exceeding two acres in any
one lot or station.
Sec. 24. Be it further enacted, That in the absence of any
contract or contracts with said company in relation to lands
through which the said road may pass, signed by the owner
thereof, or his agent, or any claimant or person in possession
thereof, which may be confirmed by the owner thereof, it shall
be presumed that the land upon which the said road may be
constructed, together with the space of one hundred feet on
each side of the centre of said road, has been granted to
said company by the owner thereof, and the said company shall
have good right and title thereto, and shall have, hold and
enjoy the same as long as the same be used for the purpose of
the said road, and no longer, unless the person or persons
owning the said land at the time that part of the said road
which may be on the said land was finished, or those claiming
8
114
1860-'61. Chap. 128.
under him, her or them shall apply for an assignment of the
value of said lands as hereinbefore directed within two years
next after that part of the said road which may be on said
lands was finished ; and in case the said owner, or those claim¬
ing under him, her or them shall not apply within two years
next after the said part was finished, he, she or they shall be
forever barred from recovering said land, oi- having any assess¬
ment or compensation therefor: Provided, Nothing herein
contained shall affect the right of feme coverts or infants until
• two years after the removal of their respective disabilities,
what lands to Sec. 25. Be it further enacted, That all lands not hereto-
ves mcompar granted to any person within one hundred feet of the
centre of said road'shall vest in the company as soon as the
line of the road.is definitely laid out through it, and any grant
of said land thereafter shall be void.
Trespass. Sec. 26. Be it further enacted, That if any person or per¬
sons shall intrude upon said railroad by any manner of use
thereof, or of the rights and privileges connected therewith,
without the permission or contrary to the will of said com¬
pany, he, she or they may be indicted for a misdemeanor, and,
upon conviction, fined and imprisoned by any court of compe¬
tent jurisdiction.
injury to pro- Sec. 27. Be it further enacted, That if any person or per-
perty" sons shall wilfully and ^maliciously destroy or in any manner
hurt or damage, or shall wilfully or maliciously cause, or aid,
or assist, or counsel and advise any other person or persons
to destroy or in any manner to hurt, damage, injure or obstruct
the said railroad, or any bridge or vehicle used for or in the
transportation thereon, any water tank, warehouse or any
other property of said company, such person or persons
so offending shall be liable to be indicted therefor, and, on
conviction, shall be imprisoned not more than six nor less than
one month, and pay a fine not exceeding five hundred dol¬
lars nor less than twenty dollars, at the discretion of the court
before which said conviction shall take place, and shall be fur¬
ther liable to pay all expenses for repairing the same; and it
shall not be competent for any person so offending against the
provisions of this clause to defend himself by pleading or
giving in evidence that he was the owner, agent, or servant of
the owner of the land where such destruction, hurt, damage,
1860-61. Chap. 128.
115
injury or obstruction was done at the time the same was done,
or caused to be done.
Sec. 28. Be it further enacted. That every obstruction to the Obstructions,
safe and free passage of vehicles on said road shall be deemed
a public nuisance, and may be abated as such bj any officer,
agent or servant of said company; and the person causing such
obstruction may be indicted for erecting a public nuisance.
Sec. 29. Be it further enacted, That the said company Powers of com-
shall have the right to take at the storehouse they may estab-pany*
lish or annex to their railroad all goods, wares, merchadise and
produce intended for transportation ; to prescribe the rules of
priority, and charge and receive Such just and reasonable com¬
pensation for storage as the by-laws may establish, (which they
shall cause to be published,) or as may be fixed by agreement
with the owners, which may be distinct from rates of transpor¬
tation : Provided, That the said company shall not charge or
receive storage on goods, wares, merchandise or produce which
may be delivered to them at their regular depositories for im¬
mediate transportation, and which the company may have
power to transport immediately.
Sec. 30. Be it further enacted, That the profits of the dividends,
company, or so much thereof as the general board may deem
advisable, shall, when the affairs of the company will permit,
be semi-annually divided amongst the stockholders, in propor¬
tion to the stock each may own.
Sec. 31. Be it further enacted, That the following officers exemption of
and servants and persons in the actual employment of the said officers-
company be, and they are hereby exempted from the perform¬
ance of jury and ordinary militia duties:—the president and
treasurer, the board of directors, chief and assistant engineers,
the secretary and accountant of the company, keepers of the
depositories, guards stationed on the road and at the bridges,
and such persons as may be working the locomotive engines and
travelling with the cars for the purpose of attending to trans¬
portation of produce, goods and passengers on the road.
Sec. 32. Be it further enacted, That for the purpose of survey to be
ascertaining the best route for said road and its branches, and made'
to locate the same, it shall be lawful for said company, by its
engineers, servants and agents, to enter upon, examine and
116
1860—61. Chap. 128-129.
survey any land or lands that they may wish to examine for
such purpose, free from any liability whatever.
Sec. 33. Be it further enacted, That the gauge of said
railroad shall be the same as the gauge of the North Carolina
Railroad.
Sec. 34. Be it further enacted, That should this road ever
be extended so as to connect with any road in Virginia leading
to Richmond, then, and in that case, this charter to be for¬
feited. [Ratified this 25th day of February, 1861.]
Chap. 129. an act to incorporate the Chatham railroad company.
capital stock. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a company is authorized to be formed,
with a capital stock of eight hundred thousand dollars, to be
divided into shares of one hundred dollars each, to be called
corporate title, and known as the " Chatham Railroad Company," for the pur¬
pose of building and constructing a railroad with one or more
tracks, to be used with steam and other motive power, from the
coal fields in the county of Chatham through said county to
Raleigh, or some point west of Raleigh not exceeding twelve
miles, the nearest and most practicable route; and such com¬
pany, when formed as hereafter directed, shall have power to
Powers. receive, possess, own and transfer real and personal property,
to have common seal, and to pass such by-laws, not inconsistent
with the laws of this State, as may be necessary to carry out
the object* of the corporation; shall be capable in law of
sueing and being sued, pleading and being impleaded, and shall
have and enjoy all the rights of other corporate bodies under
the laws of this State, to condemn land for right of way and
all other purposes necessary to carry into effect the purposes
of said company ; and shall generally have and possess all the
rights, privileges and immunities, and be subject to the limita¬
tions and restrictions of corporate bodies in this State; and
shall have the exclusive right to transfer and carry persons,
produce, merchandise and minerals on and along such railroad
at such prices as they may fix.
Commissioners. Sec. 2. Be, it further enacted, That for the purpose of
1860-'6r. jChAp. 129.
117
creating tlie capital of such company, John C. Stone,
Henry A. London, Frank Page, K. P. Battle, 0. A. Taylor,
T. I). Hogg, B. S. Tucker, W. P. Taylor, William Hogan
Jones and Elias Bryan are hereby appointed commissioners,
whose duty it shall be, as soon after the passage of this act as
may be, to appoint such commissioners to open books of • sub¬
scription at such places and at such times as to them shall seem
best, and under such rules and regulations as. they may
prescribe.
Sec. 3. Be it further enacted, That whenever the sum of General meet-
one hundred thousand dollars shall have been subscribed to the mss"
capital stock of said company by solvent subscribers, it shall
be the duty of the commissioners aforesaid to call a general
meeting of the stockholders, after giving such notice as to
them shall seem sufficient, and at such times and places as they
shall determine; and at all general meetings of said stock¬
holders not less than a majority of all the stock subscribed shall
constitute a quorum for the transaction of business, and said
stockholders, when so met in general meeting, shall have
power, and it shall be their duty, to elect a president and five president and
directors for said company; and in electing such president and
directors, and in enacting such by-laws as may be necessary,
each share of stock represented, either in person or by proxy,
shall be entitled to one vote : Provided, If a majority of such
stockholders shall not attend said first general meeting, such
as do attend and are present may adjourn from time to time
until a majority shall appear.
Sec. 4. Be it further enacted, That it shall be the duty of
Baid stockholders, at their first general meeting, to prescribe
the manner and time in which payments of stock on the sub¬
scription books shall be made : Provided, Not more than one
half of said subscription shall be called for in one year after
said first general meeting.
Sec. 5. Be it further enacted, That it shall be the duty of
the president and directors of said company to appoint a trea¬
surer, who shall remain in office such length of time as the
company in their by-laws shall determine; and said president
and directors shall remain in office one year, and until others
are chosen, and shall have a general direction and manage¬
ment of the affairs of said company, and shall appoint some
118
I860-'61.——Chap. 129.
suitable person as engineer, whose duty it shall be to make the
necessary surveys for the location of said railroad, and furnish
the president and directors with such survey or surveys, and
estimates of the cost; said directors shall have power to fill
any vacancy that may occur in their board, and, in the absence
of the president, to elect one for the time; they shall also ap¬
point a secretary, whose duty it shall be to keep a fair and
correct record of the proceedings of said board, and of all the
proceedings of the stockholders in general meeting, in a book
to be provided for that purpose.
Sec. 6. Be it further enacted, That the president or board
of directors shall at least once a ^ear make a full report on
the state of the company and its affairs to a general meeting
of the stockholders, and oftener, if required by -any by-law of
the company; and also [call] a general meeting of the stock¬
holders whenever they may deem it expedient, and the com¬
pany may provide in their by-laws for occasional meetings
being called, and prescribe the mode thereof,
uouuwes,Sec. 7. Be it further enacted, That all persons, the jus-
may subscribe. tJceg 0f the county court, or the authorities of any incorpora¬
tion, shall have full power and authority to subscribe to the
capital stock of said company to the amount they shall be au¬
thorized to do by the inhabitants of said county or any incor¬
porated town, or the proper authorities of any corporation, to
the amount they shall be authorized to do by the inhabitants
of said county pr town ; and they [may] issue bonds or other
evidence of debt to enable them to borrow money to pay such
subscription; the said subscription to be made by any agent or
agents of such county, town or corporation properly autho-'
rized by them to make the same, when so made, shall be
binding on such county, company or corporate body in the
same manner and to the same extent that it is on the individual
subscribers, and such body corporate, or company, or county
shall be represented in all general meetings of the stock¬
holders.
increase of ®EC* 8. Be it further enacted, That if the capital stock of
stock. ga'^ company, as authorized by this charter, be insufficient to
carry out the purposes of the same, it may be increased by
said company to one million, two hundred and fifty thousand
dollars.
Vacancies.
Reports.
1860-61.- Chap, 129-130.
119
Sec. 9. Be it further enacted, That said company may
begin the construction of said road at any point on the line of
location according to their discretion, and that for any portion
of said road actually constructed the said company-shall be
entitled to all the privileges of this act into and over such
part so constructed.
Sec. 10. Be it further enacted, That this act shall be in
force from its ratification. [Ratified the 15th day of Febru¬
ary, 1861.]
an act to construct a railroad erom dallas, n. c., to the Chap. 180.
south carolina line.
Section 1. Be it enacted by the General Assembly of the corporate title.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a company, by the name and style
of the " Dallas and King's Mountain Railroad Company," be,
and the same is hereby incorporated, with a capable [capital]
stock of two hundred thousand dollars, divided into shares of capital stock,
fifty dollars each, for the purpose of constructing a railroad
from Dallas, in Gaston county, N. C., to the .South Carolina
[line.]
Sec. 2. Be it further enacted, That for the purpose of ere- Commissioners,
ating the capital stock of said company, the following persons
be, and they are hereby appointed general commissioners, viz:
David A. Jenkins, Robert Wilson, Lawson Wilson, William M.
Furguson, James Queen, J. R. Falls, Ezra B. Wilson, Moses
„H. Rhyne, J. F. Pigram, Jacob Froneborger, Jr., John G.
Lewis, Samuel Jarrett, Edward Whitesides and William Craw¬
ford, whose duty it shall be to direct the opening of books for
subscriptions of stock at such times and places, and under
such persons as they, or'a majority of them, may deem proper;
and said commissioners shall have power to appoint a chair¬
man of their body, treasurer and all other officers, and to sue
for and recover all sums of money that should be recovered
by them under this act.
Sec. 3. Be it further enacted, That when the sum of fifty corporate pow-
thousand dollars shall have been subscribed in manner and
form as aforesaid, in shares of fifty dollars each, and shall have
120
1860-61. Chap. 180.
paid five per cent, on the same to the persons authorized to
receive the same, all subscriptions upon which five per cent, is
not paid being null and void, the subscribers, their executors,
administrators or assigns shall he, and they are hereby de¬
clared incorporated into a company, by the name and style of
the " Dallas and King's Mountain Railroad Company j" and
by that name shall be capable in law and equity of purchas¬
ing, holding, selling, leasing and conveying estates, real,
pergonal and mixed, and of acquiring the same by gift or
otherwise, so far as shall be necessary for the purposes em¬
braced in their charter; and shall have perpetual succession;
and may sue and be sued by their corporate name, plead and
he impleaded in any court of law and equity in the State of
North Carolina, or any other State having competent jurisdic¬
tion \ and may have and use a common seal which they may
alter or renew at pleasure; and shall have and enjoy all other
rights and privileges which other corporate bodies may and do
exercise ; and make all such by-laws, rulea and regulations as
may he necessary for the good government of said company.
meeting of Sec. 4. Be it further enacted, That it shall be the duty of
stoekho ers. stoc]£]10i(jergj or a majority of them, so soon as the sum
of fifty thousand dollars shall have been subscribed as afore¬
said, to appoint a time and place, and give at least thirty
days' public notice for the stockholders to meet; at which time
and place, a majority of the stock being represented in person
or by proxy, [they] shall proceed to elect nine directors out
of their number, each of whom shall possess at least ten shares
of stock, and shall also proceed to elect a president, treasurer
and secretary out of the number of stockholders; and the said
directors shall have power to do all things necessary for the
government of the company and for the transaction of busi¬
ness. The persons elected directors as aforesaid shall serve for
one year; and the election for president, treasurer, secretary
and directors shall he held annually, at such times and places
as the stockholders may direct; hut if the day for the annual
election should pass by without an election of officers, the
officers formerly in office shall continue in office until a new
election takes place.
Election of offi- Sec. 5. Be it further enacted, That the election of all
officers shall he by ballot, each stockholder casting as many
1860—*61* Chap. 130.
121
votes as lie has shares in the stock of said company, and the
person receiving a majority of votes thus polled shall be con¬
sidered elected; each share of stock shall be entitled to one
vote, to be represented in person or by proxy.
Sec. 6. Be it further enacted, That the board of directors Payments of
may call for the sums subscribed as stock in said company in
such instalments as the interests of said company may require,
the call for each payment to be published in one or more
newspapers for the space of one month before the day of pay¬
ment ; and on the failure of any stockholder to pay each in¬
stalment as thus required, the directors may sell at public
auction, ten days' notice having been given, for cash, all the
stock subscribed for in said company by such stockholder, and
convey the same to the purchaser at said sale; and if said
sale of stock do not produce a fund sufficient to pay off the
incidental expenses of the sale and the entire amount owing by
such stockholder to the company for such subscription of stock,
then, and in that case, the whole of such balance shall be held as
due at once to the company, and may be recovered of such stock¬
holder, or his executors, administrators or assigns, at the suit
of said company, by action of assumpsit, in any court of com¬
petent jurisdiction, or by warrant before a justice of the peace
when the sum does not exceed one hundred dollars; and in all
cases of assignment of stock before the whole amount has been
paid to the company, then for sums due on such stock both the
original subscriber, the first and all subsequent assignees shall
be liable to the company, and recovered as above described.
Sec. 7. Be it further enacted, That the debt of the stock- Debt of stock
. holders.
holders due to the company for stock therein, either by the
original subscriber or assignee, should be of equal dignity with
judgments in the distribution of assets of a deceased stock¬
holder by his legal representatives.
Sec. 8. Be it further enacted, That said company shall Certificates of
issue certificates of stock to its members, and said stock may
be transferred in such manner as may be directed by the by¬
laws of said company.
Sec. 9. Be it further enacted, That said company may at increase of
any time increase its capital stock to a sum sufficient to com-8tock'
plete said road, either by opening books for subscription of
new stock, or borrowing money on the credit of the company,
122
1860-61. Chap. 130.
or by mortgaging its charter and work, as by the stockholders
directed.
corporate pow- Sec. 10. Be it further enacted, That the said company
ers' shall have power to construct as speedily as possible a railroad
with one or more tracks along the line as heretofore set forth
in this act; and shall have the privilege of using any section
of said road constructed by them before the whole is com¬
pleted.
Eight of way. Sec. 11. Be it further enacted, That said company shall
have power to construct said road across any publio road or
along the head of such public road: Provided, however, That
said railroad company make as good [and] substantial a road
at one side.
Eight of way. Sec. 12. Be it fwther enacted, That when any land or
right of way may be required by said company for the pur¬
pose of constructing their road, and for want of agreement as
to the value thereof, or from any other cause, the same cannot
be purchased from the owner or owners, the same may be
taken at a valuation to be made by five commissioners, or a
majority of them, to-be appointed by the county courts of the
respective counties in which some part of the land or right of
way is located. In making said valuation, the commissioners
shall take into consideration the loss or damage which may
accrue to the owner or owners in consequence of the lands or
rights of way being surrendered, and the benefits or advan¬
tages he, she or they may receive from the erection of said
road, and state particularly the value and amount of each; and
the excess of loss and damage over and above the advantages
and benefits [and] shall form the measure of valuation of said
land or right of way: Provided, nevertheless, That if any
person or persons over whose lands the road may pass, or the
company, should be dissatisfied with the valuation-of said com¬
missioners, then, and in that case, either party may appeal to
the superior court; and the proceedings of said commis¬
sioners, accompanied with a full description of said land or
right of way, shall be returned under the hands vid seals of a
majority of the commissioners to the court from which com¬
missions issued, there to remain a matter of record; and the
lands or right of way so valued by the commissioners shall vest
in the said company so long as the same shall be used for the
1860-61. Chap. 130.
123
purposes of said railroad so soon as the valuation may be paid,
or, "when refused, may have been tendered: Provided, That
the right of condemnation shall not extend to the dwelling
hpuse, yard, garden or graveyard of any individual without his
consent.
Sec. 13. Be it further enacted, That the right of said com-what land may
pany to condemn lands in the manner described in the 12th
section of this act shall extend to the condemnation [of] only
one hundred feet on each side of the main track of said road,
unless in case of deep cuts and fillings, when said company
shall have power to condemn as much in addition thereto as
may be necessary for the purpose of constructing said road;
and the company, in like manner, shall also have power to con-
4emn any adjoining lands for the construction and building of
depots, shops, workhouses, buildings for servants, agents and
persons employed on the road, not exceeding two acres in any
one place.
Sec. 14. Be it further enacted, That all the lands on, which right to land to
•> * ' vest in compa-
the road may be located, not heretofore granted by the State, ny-
within one hundred feet of the centre of said road which
shall be constructed by said company, shall vest in the com¬
pany as soon as the line of the road is definitely laid out.
Sec. 15. Be it further enacted, That said company shall exclusive
have the exclusive right of the conveyance or transportation ofrights'
persons, goods, merchandise and produce over said road, at such
charges a may be fixed by a majority of the directors.
Sec. 16. Be it further enacted, That said company shall
have the right, and it shall be their duty, to take at the store¬
houses they may establish or annex to their road all goods,
Wares, merchandise and produce intended for transportation,
prescribe the rules of priority and charge, and receive such
just and reasonable compensation for storage as their by-laws
may establish or may be fixed by agreement.
Sec. 17. Be it further enacted, That the board of direc- Vacancies in
tors may fill all vacancies which may occur in it during the
period for which they may have been elected, and in the ab¬
sence or death of the president, may appoint a president pro
tempore to fill his place from among their number.
Sec. 18. Be it further enacted, That the profits of the dividends,
company, or so much thereof as the directors may deem advi-
124
1860-61.—-Chap. 180-181.
sable, shall, when the affairs of the company will admit of it,
be annually divided among the stockholders.
Sec. 19. Be it further enacted, That notice of process upon
the president or acting agent of said company shall be deemed
lawful notice of serving process upon the company. [.Ratified
the 22>rd day of February, 1861.]
Chap. 131. an act supplemental to an act passed at the present
session of the general assembly, entitled " an act to
incorporate the chatham railroad company."
Public treasurer Section 1. Be it enacted by the Greneral Assembly of the
issue on s. Carolina, and it is hereby enacted by the au¬
thority of the same, That the public treasurer be, and is hereby
authorized and directed to sell the coupon bonds of the State
to an amount not exceeding two hundred thousand dollars,
signed by the governor, countersigned by the public treasurer,
and sealed with the great seal of the State, bearing six per
cent, interest, principal payable at the end of twenty years
from the date thereof, and the coupons of interest payable
semi-annually in such form as the public treasurer may direct,
to be made payable at such time and place as may be agreed
upon by the public treasurer, and that the public treasurer
shall pay over the said sum of two hundred thousand dollars
to the president and directors of the Chatham Railroad Com¬
pany at such times and upon such conditions as are herein pro¬
vided : Provided, Said bonds shall not be sold by the public
treasurer for a less sum than their par value,
conditions for Sec. 2. Be it further enacted, That before the public trea-
statebonds! surer shall sell for said company any of the bonds hereby
authorized to be sold, the said Chatham Railroad Company
shall deliver to the public treasurer the coupon bonds of said
company for the same amount and bearing the same interest
and date, the principal and coupons payable at the same time
and place as those of the State hereinbefore directed to be
issued and paid over to the Chatham Railroad Company; and
to secure the principal and interest of said bonds issued by the
Chatham Railroad Company, the State of North Carolina shall
by this act have a lien upon all the estate of said company,
1860—'61. Chap. 131-132.
125
both real and personal, which they may now have or hereafter
acquire, which lien shall be more effectually secured by a
mortgage duty executed by said company to this State, and
registered in the register's office of the counties of Chatham
and Wake ; and for the better security of the payment of the
interest upon said bonds until the completion of said road, the
company shall deposit with the treasurer good and sufficient
bonds, made by individual stockholders or persons interested in
said road, amounting to fifty thousand dollars, to secure the
payment of the interest as aforesaid, which said bonds shall be
payable to the public treasurer, and shall be deemed due and
payable at any time prior to the completion of said road, if
the Said company shall fail to pay the interest on the bonds
given in exchange for the bonds of the State, which bonds shall,
upon the payment of the interest to the completion of said
road, be surrendered by the public treasurer to the said com¬
pany.
Sec. 3. Be it further enacted, That the bonds of the State to
hereby authorized to be sold for the Chatham Railroad Com¬
pany shall not be sold until an amount of stock sufficient to
build said road shall have been subscribed, and satisfactory
assurance given to the governor and treasurer for the payment
thereof either in work or money, and a bond payable to the
treasurer in the sum of four hundred thousand dollars, with
good and satisfactory security, shall have been delivered to the
treasurer, said bond, however, to be void upon condition the
said road shall be completed within four years from the date
of the bonds of the State hereby authorized to be exchanged.
Sec. 4. Be it further enacted, That this a6t shall be in
force from and after the date of its ratification. [Ratified the
23rd February, 1861.]
an act to incorporate the greensboro' and leaksville Chap. 132.
railroad company.
Section 1. Be it enacted by the General Assembly of the corporate title.
State of North Carolina, and it is hereby enacted by the au¬
thority of the samet That a company by the name and^tyle of
the " Greensboro' and Leaksville. Railroad Company," be, and
126
1860-61. Chap. 132.
capital stock, the same is hereby incorporated -with a capital stock of twelve
hundred and fifty thousand dollars, divided into shares of one
hundred dollars each, for the purpose of constructing a rail¬
road, from the North Carolina Railroad in the town of Greens¬
boro', in the State of North Carolina, to Leaksville in the
county of Rockingham, or its vicinity.
Commissioners. Sec. 2. Be it further enacted, That for the purpose of
creating the capital stock of said company, the following per¬
sons he, and they are hereby appointed general commissioners ;
William T. Sutherlin, of Danville; Pinckney Wott, Robert
Wott, Dr. Robert Scales, and George Boyd, of the county of
Rockingham ; John M. Morehead, Ralph Gorrell, C. E. Shober,
C. P. Mendenhall, of the county of Guilford, and William
Johnston, of the town of Charlotte, whose duty it shall be to
direct the opening of books for subscription of stock, at such
times and places and under such persons as they or a majority
of them may deem proper; and in the meantime, it shall be
lawful for books of subscription to said stock to be opened in
the town of Charlotte, under the direction of John A. Young,
William Johnson and John L. Morehead, or any two of them;
in the town of Concord, under the direction of Y. M. Barrin-
ger, Caleb Phifer and Daniel Coleman, or any two of them; in
the town of Salisbury, under the direction of Nathaniel Boy-
den, N. N. Fleming, J. J. Shaver, or any two of them; at
Lexington, under the direction of William R. Holt, John P.
Mabrey, Samuel Hargrove, or any two of them; at High
Point, under the direction of W. W. Boman, Dr. Robert Lind-
sey and John Carter,' or any two of them; at Greensboro',
under the direction of James Sloan, J. H. Lindsey and J. J.
Long, or any two of them; at Wentworth, under the direction
of J. W. Ellington, W. M. Ellington, and A. M. Scales, or
any two of them; at Leaksville, under the direction of Geo.
J. Atkin, Jonas W. Burton and C. Glenn, or any two of them;
at High Rock, under the direction of Francis L. Simpson, Dr.
Robert Scales, Geo. W. Gaunt, or any two of them ; at Dan¬
ville, Ya.,' under the direction of William T. Sutherlin, James
M. Williams, and Dr. T. P. Atkinson, or any two of them;
and in the city of Richmond, Ya., under the direction of A.
Y. Stokes, Lewis E. Harvie and Thomas W. Brockenbrough,
or any two of them; and said general commissioners shall have
1860-61. Chap. 182.
127
power to appoint a chairman of their body treasurer, and all
other officers their organization may require; and to sue for
and recover all sums of money that ought under this act to be
recovered by them.
Sec. 8. Be it further enacted, That all persons who are Bo9ks of sub-
by this act authorized, or who may he hereafter by the generalscnptlon'
commissioners authorized to open books of subscription, may
do so at any time after the ratification of this act, upon giv¬
ing twenty days' notice of the time and place when the
said books will be opened, and the said books shall be
kept open for the space of thirty days at least, and as
long thereafter as the general commissioners shall direct, and
that all subscriptions of stock shall be in shares of one hun¬
dred dollars, the subscriber paying at the time of making his
subscription, five dollars on each share by him subscribed, to
the person or persons authorized to receive such subscription,
and in case of failure to pay said sum all such subscriptions
shall be void and of no effect; and upon closing the books, all
such sums as shall have been thus received of subscribers on
the first cash instalments shall be paid over to the general
commissioners by the persons receiving the same, and in case
of failure to pay as aforesaid such person o«r persons receiving
said money shall be personally liable to said general commis¬
sioners before the organization, of said company, and to the
company itself after the organization, to be recovered in the
superior court of law within this State, in the county where
such delinquent resides; or if he resides in another State, then
in any court in such State having competent jurisdiction. The
general commissioners shall have power to call on and require
all persons empowered to receive subscriptions of stock at any
time, and from time to time as a majority of them may think
proper, to make a return of the stock by them respectively
received, and to make payment of all sums of money paid by
subscribers; that all persons receiving subscriptions of stock
shall pass a receipt to the subscriber or subscribers for the pay¬
ment of the first instalment as heretofore required to be paid,
and upon their settlement with the general commissioners-as
aforesaid^ it shall be the duty of said general commissioners in
like manner to pass their receipts for all sums thus received to
the persons from whom received, and such receipts shall be
taken and held to be good and sufficient vouchers to persons
128
1860-61. Chap. 132.
holding them; that subscriptions of stock may be received as
aforesaid, or as hereafter provided for, to the amount of twelve
hundred and fifty thousand dollars.
Books—when Sec. 4. Be it further enacted, That it shall be the duty of
closed" said general commissioners to direct and authorize said books
of subscription to be kept open until the sum of one hundred
thousand dollars, at least, shall be subscribed in the manner
aforesaid; and as soon as the said sum of one hundred thou¬
sand dollars, or upwards, shall be subscribed in the manner
aforesaid, and the sum of five dollars on each share paid in as
aforesaid, the subscribers to said stock shall be, and they are
hereby declared to be a body politic and corporate, in fact and
in law, by the name and style of the " Greensboro' and Leaks-
ville Railroad Company," with all the corporate powers and
authority hereby enacted and granted, to be held and exercised
corporate pow- by said company and their successors and assigns in perpe¬
tuity, and by that name shall be capable in law and in equity
to purchase, hold, lease, rent, sell, or convey estates, real, per¬
sonal, and mixed, and to acquire the same by gift, devise, or
otherwise, so far as shall be necessary for the purposes em¬
braced within the scope, object and intent of this charter; and
shall have perpetual succession and a common seal, which they
may use, alter, or renew at pleasure; and by their corporate
name may sue and be sued, plead and be impleaded in any
court of law or equity in this State or any other State ; and
shall have, possess and enjoy all rights, privileges, and immu¬
nities which corporate bodies may and of right do exercise;
and may make all such by-laws, rules, and regulations as are
necessary for the government of the corporation, or for effect-
■ ing the object for which it is created, not inconsistent with the
laws of this State, or of the United States.
Meeting of Sec. 5. Be it further enacted, That as soon as the sum of
stockholders. Qne jlun(jre^ thousand dollars, or upwards, shall be subscribed
as aforesaid, it shall be the duty of the general commissioners
to appoint a time for the stockholders to meet in Greensboro',
in the county of Guilford, which they shall cause to be pre¬
viously published, for the space of thirty days, in one or more
newspapers, at which time and place the said stockholders shall
in person, or by proxy, proceed to elect, by ballot, nine direc¬
tors of the company, and to enact all such regulations and by-
1860-'61.-i—Csap. 132.
129
laws as may be necessary for the government of said corpora-i
tion and the transaction of its business. The persons elected
directors at this meeting shall serve suqh period, not exceeding
one year, as the stockholders may direct; and at this meeting
the stockholders shall fix on the day and place or places when
the subsequent election of directors shall be held, and such
elections shall henceforth be annually made; but if the day of
the annual election should pass without any election of direc¬
tors, the corporation shall not thereby be dissolved, but it shall
he lawful on any other day to make and hold euch election in
such manner as may be prescribed by a by-law of the corpo¬
ration.
Sec. 6. Be it further enacted, That the affairs of said com- Board of direc-
pany shall be managed by a general board, to consist of nine
directors, to be elected by the stockholders, from among them¬
selves, at their first and subsequent general annual meetings,
and no stockholder shall be elected a director, nor serve, as
such, unless he be at the time of his election the owner of five
shares of said stock, and shall continue to hold the same dur¬
ing the term of his service.
SeQ. 7. Be it further enacted, That the president of the president,
said company shall be chosen, by ballot, by a majority of the
directors from among themselves, with a salary to be fixed by
stockholders in general meeting.
Sec. 8. Be it further enacted, That all the stockholders, vote of stock-
being citizens of the United States, shall be entitled to vote,holders'
either in person or by proxy, the proxy being a stockholder,
at all general meetings, anfl the vote to which each stockholder
shall be entitled shall be according to the number of shares he
may hold.
, Sec. 9. Be it further enacted, That at the first general Regular meet-
meeting of the stockholders, under this act, a majority of allmg3,
the shares subscribed shall be represented before proceeding to
business, and if a sufficient number do not appear on the day
appointed, those who do attend shall have power to ad¬
journ, from time to time, until a regular meeting be thus
formed, and at such meeting the stockholders may provide by
a by-law as to the number of stockholders and the amount of
stock, to be held by them which shall constitute a quorum for
thq transaction of business at all subsequent meetings.
9
130
1860-61. CHAP. 132.
Returns of com- Seo. 10. Be it further enacted, That the general commig-
missioners. gioners shall make their return of the shares of stock sub¬
scribed for at the first general meeting of the stockholders, and
pay over to the directors elected at that meeting, or their au¬
thorized agent, all sums of money received from subscribers;
and on failure to do so they shall be personally liable to said
company, to be recovered in like manner as other debts due
the company.
Sec. 11. Be it further enacted, That the board of direc¬
tors may fill all vacancies which may occur in it during the
period for which they have been elected, and, in the absence
of the president, may fill his place by electing a president 'pro
tem. from among their number.
Directors may Sec. 12. Be it further enacted, That the said board of
open o . directors shall have power and authority to open books for
further subscriptions to the stock of said company, at such
times and under such persons as they may designate, in the
event the whole stock be not subscribed before the first general
meeting of the stockholders, and to open and keep open said
books, from time to time, until the whole amount of the capital
stock be subscribed,
corporate privi- Sec. 13. Be it further enacted, That said company shall
leg€3' have the exclusive right pf conveyance or transportation of
persons, goods, merchandise and produce, over the road con¬
structed by them, at such charges as may be fixed upon by a
majority of the directors; and the said company may farm out
their rights of transportation over their said railroad, subject
to the rules above mentioned, and said company, and every
person who may have received from them the right of trans¬
portation of goods, wares and produce on said road, shall be
deemed and taken to be a common carrier, as respects every¬
thing entrusted to them or him for transportation.
Payment of Sec. 14. Be it further enacted, That the board of direc-
stock. ^.org may cajj for the payment of the sums subscribed as stock
in said company, in such instalments as the interests of said
company may require; the call for each payment shall be pub¬
lished in one or more papers of this State for four weeks before
the day of payment; and on failure of any stockholder to pay
each instalment as thus required, the directors may sell at
public auction, on a previous notice of ten days, for cash, all
1860-61. Chap. 182.
131
the stock Subscribed for in said company, by such stockholders,
arid convey the same to the purchaser at said sale, discharged
from all further liability; and if said sale of stock do not pro¬
duce a sum sufficient to pay off the incidental expenses of sale,
and the entire amount owing by such stockholders to the com¬
pany for such subscription of stock, then and in that case the
whole of such balance shall be held and taken as due at once
to the company, and may be recovered of such stockholder, or
of his executors, administrators or assigns, at the suit of said
company, either by summary motion in any court of superior
jurisdiction, in the county where the delinquent resides, on a
previous notice of ten days to said subscriber, or by action of
assumpsit in any court of competent jurisdiction, or by a war¬
rant before a justice of the peace, when the sum does not ex¬
ceed one hundred dollars; and in all cases of assignment of
stock before the whole amount has been paid to the company,
then for all sums due on such stock, both the original subscri¬
bers and the first and all subsequent assignees shall be held
liablh to the company, and the same' may be recovered as above
described.
Sec. 15. Be it further enacted, That the debt of stock- Debt of stock¬
holders, due to the company for stock therein, either as origi¬
nal proprietor, or as first or subsequent assignee, shall be
considered of equal dignity with judgments in the distribution
of assets of a deceased stockholder by his legal representative.
Sec. 16. Be it further enacted, That said company shall certificates of
issue certificates of stock to its members, and said stock maystoek'
be transferred in such manner and form as may be directed by
the by-laws of the company.
Sec. 17. Be it further enacted, That the board of directors Reports,
shall once in every year, at least, make a full report on the
state of the company, and its affairs, to a general -meeting of
the stockholders, and oftener if required by a by-law, and
shall have power to call a general meeting of the stockholders
when the board may deem it expedient, and the company may
provide in their by-laws for occasional meetings being called,
and prescribe the mode thereof.
Sec. 18. Be it further enacted, That said company may corporate pow-
purchase, have and hold, in fee or for a term of years, anyers'
land, tenements, or hereditaments, which may be necessary for
182
1860-'61 Chap. 182.
the said road, or the appurtenances thereof, or for the erection
of depositories, store houses, houses for the officers, servants
or agents of the company, or for work-shops or foundries, to
be used for said company, or for procuring stone or other ma¬
terials necessary for the construction of the road, or for effect¬
ing transportation thereon,
corporate pmi- Sec. 19. Be it further enacted, That the company shall
leges' have the right, when necessary, to conduct the said road across
or along any public road or water-course: Provided, That the
said company shall not obstruct any public road, without con¬
structing another equally as good and convenient.
Eight of way. Sec. 20. Be it further enacted, That when any lands or
right of way may be required by said company, for the pur¬
pose of constructing their road, and for want of agreement as
to the value thereof, or for any other cause, the same cannot
be purchased from the owner or owners, the same may be taken
at a valuation to be made by five freeholders selected by the
county courts in the county where the right of way is situated.
In making the said valuation, the said freeholders shall take
into consideration the loss or damage which may accrue to the
owner or owners, in consequence of the land or right of way
being surrendered, and the benefit and advantage, general or
special, which he, she or they may receive by the general
increased value of the land, or any special benefit which may
arise from the location of a depot, or otherwise, on said land,
or any benefit which may accrue, in any way whatever, by the
establishment of said railroad or work, and shall state particu¬
larly the value and amount of each; and the excess of the loss
and damage over and above the advantage and benefit shall
form the measure of valuation of said land or right of way:
Provided, nevertheless, That if any person or persons, over
whose lands the road may pass, or if said company should be
dissatisfied with the valuation of said freeholders, then and in
that case, the party so dissatisfied may have an appeal to the
superior court, in the county where the damage is done, or in
either county where the land may lie, under the same rules,
regulations and restrictions as in other cases of appeal. The
proceedings of the said freeholders, accompanied with a full
description of the said land or right of way, shall be returned
under the hands and seals of a majority of them, to the court
1860-'6'1. Chap. 132.
133
from •which the order was made, there to remain a matter of
record; and the lands or right of way, so valued, shall vest in
the said company so long as the same may he used for the
purposes of said railroad, so soon as the valuation shall have
been made, or, when' refused, may have been tendered: Pro¬
vided, That on application for the appointment of freeholders,
under this section, it shall be made to appear to the satisfac¬
tion of the court, that at least ten days' previous notice has
been given by the applicant to the owner or owners of the
land so proposed to be condemned ; or if the owner or owners
be infants or non compos mentis, then to the guardian of such
owner or owners, if such guardian can be found within the
county, or if he cannot be so found, then such appointment
shall not be made unless notice of the application shall have
been published, at least one month next preceding, in some
newspaper printed as conveniently as may be to the court¬
house of the county, and shall have been posted at the door of
the court-house on the first day of the term of said court to
which the application is made: Provided, further, That the
valuation provided for in this section shall be made on oath by
the freeholders aforesaid, which oath any justice of the peace
or clerk is authorized to administer : Provided, f urther, That
the right of condemnation herein granted shall not authorize
the said company to invade the dwelling-house, yard, garden,
or burial ground of any individual without his consent.
Sec. 21. Be it further enacted, That the right of said com-what lands
pany to condemn lands in the manner as aforesaid, shall extend
to the condemning one hundred feet on each side of the track
of the road, measuring from the centre of the same, unless in
case of deep cuts and fillings, when said company shall have
power to condemn as much in addition thereto as may be
necessary for the purpose of constructing said road, and the
company shall also have power to condemn and appropriate
lands in like manner for the constructing and building of de¬
pots, shops, warehouses, buildings for servants, agents and
persons employed on the road, not exceeding two acres in any
one lot or station.
Sec. 22. Be it further enacted, That in the absence of any title of land
contract or contracts with said company, in relation to lands p^y. m com"
through which the said road may pass, signed by the owner
134
1860-'61.—-Chap. 132.
thereof, or of his agent, or any claimant, or person in posses¬
sion thereof, which may be confirmed by the owner thereof, it
shall be presumed that the land upon which the said road may
be constructed, together with the space of one hundred feet on
each side of the centre of said road, has been granted to said
company by the owner thereof, and the said company shall
have good right and title thereto, and shall have, hold and
enjoy the same as long as the same be used for the purposes
of the said road and no longer, unless the person or persons
owning the said land, at the time that part of the said road
which may be on the said land was finished, or those claiming
under him, her or them shall apply for an assessment of the
value of said land as hereinbefore directed, within two years
next after that part of the said road which may be on said
lands was finished, and in case the said owner or those claim¬
ing under him, her or them shall not apply within two years
next after the said part was finished, he, she or they shall be
forever barred from recovering said land, or having any as¬
sessment or compensation therefor: Provided, nothing herein
contained shall affect the right of feme coverts or infants until
two years after the removal of their respective disabilities.
Sec. 23. Be it further enacted, That all land not here¬
tofore granted to any person within one hundred feet of the
centre of said road, shall vest in the company as soon as the
line of the road is definitely laid out through it, and any grant
of said land thereafter shall be void.
Trespass.] Sec. 24. Be it further enacted, That if any person or
persons shall intrude upon said railroad, by any manner of use
thereof, or of the rights and privileges connected therewith,
without the permission, or contrary to the will of said company,
he, she or they may be indicted for a misdemeanor, and upon
conviction, fined and imprisoned by any court of competent
jurisdiction.
injury to com-' Sec. 25. Be it further enacted, That if any (person or
pany sproperty. pergQng^ wjifu]jy an(j maliciously destroy, or in any man¬
ner hurt or damage, or shall wilfully or maliciously cause, or
aid, or assist, or counsel and advise any other person or per¬
sons to destroy, or in any manner to hurt, damage, injure or
obstruct the said railroad, or any bridge or vehicle used for
or in the transportation thereon, any water-tank, warehouse,
1860-61. Chap. 182.
135
or any other property of said company, such person or persons
so offending shall he liable to be indicted therefor, and on
conviction, shall be imprisoned not more than six nor less than Penalty,
one month, and pay a fine not exceeding five hundred dollars
nor less than twenty dollars, at the discretion of the court
before which said conviction shall take place, and shall be
further liable to pay all expenses for repairing the same; and
it shall not be competent for any person so offending against
the provisions of this clause to defend himself by pleading or
giving in evidence that he was the owner, agent or servant of
the owner of the land where such destruction, hurt, damage,
injury or obstruction was done, at the time the same was done
or caused to be done.
Sec. 26. Be it further enacted, That every obstruction to the Obstructions on
safe and free passage of vehicles on said road, shall be deemed
a public nuisance, and may be abated as such by any officer,
agent or servant of said company; and the person causing
such obstruction may be indicted for erecting a public nuisance.
Sec. 27. Be it further enacted, That the'said company what the com-
sball have the right to take at the storehouses they may es-porumaytraD8
tablish or annex to their railroad, all goods, wares, merchan¬
dise and produce intended for transportation; to prescribe the
rules of priority and charge, and receive such just and reasona¬
ble compensation for storage as they by rules may establish,
(which they shall cause to be published,) or as may be fixed by
agreement with the owners, which may be distinct from rates
of transportation: Provided, That the said company shall not
charge or receive storage on goods, wares, merchandise or
produce which may be delivered to them at their regular de¬
position [depositories] for immediate transportation, and which
the company may have power to transport immediately.
Sec. 28. Be it further enacted, That the profits of the dmdends.
company, or so much thereof as the general board may deem
advisable, shall, when the affairs of the company will permit,
be semi-annually divided amongst the stockholders, in propor¬
tion to the stock each may own.
Sec. 29. Beit further enacted, That the following officers officers, &c
and servants and persons in the actual employment of the said
company be, and they are hereby exempted from the perform¬
ance of jury and ordinary militia duty: the president and
136
I860-'61. Chap. 132-133.
treasurer, the board of directors, chief and assistant engineers,
the secretary and accountant of the company, keepers of the
depositories, guards stationed on the road and at the bridges,
and such persons as may be working the locomotive engines
and traveling with the cars, for the purpose of attending to
transportation of produce, goods and passengers on the road,
survey. * Sec. 30. Be it further enacted, That for the purpose of
ascertaining the best route for said road and its branches, and
to locate the same, it shall be lawful for said company, by its
engineers, servants and agents, to enter upon, examine and
survey any land or lands that they may wish to examine for
such purpose, free from any liability whatever. [Ratified the
20th day of February, 1861.]
Chap. 133. an act to incorporate the greenville and goldsboro'
railroad company.
Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That for the purpose of making a connec¬
tion by railroad between the head of steamboat navigation of
Tar river, at the town of Greenville, in the county of Pitt, and
the North Carolina Central Railroad at Goldsboro', in the
county of Wayne, the formation of a corporate company, with
Capital stock, a capital stock of six hundred thousand dollars, in shares of
one hundred dollars each, is hereby authorized, to be called
corporate title. "The Greenville and Goldsboro' Railroad Company," and
when formed in compliance with the conditions hereinafter
prescribed, to have a corporate existence as a body politic in
perpetuity.
Route. Sec. 2. Be it further enacted, That the said company have
power to construct a railroad from the town of Greenville, 'in
the county of Pitt, or some point immediately adjoining said
town, on Tar river, to the town of Goldsboro', in the county of
Wayne, and to make a junction with the North Carolina Cen¬
tral Railroad, and the Wilmington and Weldon Railroad, at
the junction of the said Railroad in said town of Goldsboro'.
commissioners. Sec. 3. Be it further enacted, That for the purpose of
creating the capital stock of said company, the following per-
1860-61. Chap. 133.
137
sons are appointed commissioners, to wit: P. A. Atkinson, C.
Perkins, H. S. Clark, Moses Joyner, Peter Hines, W. M. B.
Brown, J. J. Cherry, M. L. Carr, Charles Green, George A.
Dancy, Charles J. O'Hagan, William Bernard, sen., Bichard
Bynum, Elias Blount, Joseph L. Ballad, George Joyner, Wil¬
liam J. Moye, John S. Smith, and John S. Brown, of the
county of Pitt, and Edward Patrick, Josiah Sugg, J. L. Free¬
man, Joseph Jones, Dr. Swift, S. B. Cox, Owen Jones, Arthur
D. Speight, John Harvey, Henry Best and Joseph P. Speight,
of the county of Greene, and J. G. Gregory, of the county of
Wayne, and Daniel Fowle, Rufus Tucker and A. M. Lewis, of
the city of Raleigh, and John M. Morehead, of Greensboro',
and J. J. Summerell, of Salisbury, and Zeno. H. Green, Wm.
S. Ashe and R. H. Cowan, of Wilmington, whose duty it shall
be to direct the opening of books for subscription of stock at
such times and places, and under the direction of such persons
as they, or a majority of them, may deem proper, or if they
fail to do so, then under the direction of the commissioners
appointed for Pitt county, or a majority of them; and the com-
sioners, or a majority of them, or in case they fail so to act,
then the commissioners appointed for Pitt county, or a ma¬
jority of them, shall have power to appoint a chairman of their
body, a treasurer, and all other officers, and to sue for and re¬
cover all sums of money that ought, under this act, to be
recovered by them.
Sec. 4. Be it further enacted, That the commissioners books to be
above named, and all other persons who may hereafter be
authorized, as aforesaid, to open books for subscription, shall
open the same at any time after the ratification of this act,
first giving twenty days' notice thereof of the time and place
in one or more of the newspapers printed in either Goldsboro',
Raleigh or Wilmington, and the said books, when opened,
shall be kept open for the space of sixty days, at least, and so
long thereafter as the commissioners above named shall direct;
and the said named commissioners shall have power to call on
and require all persons empowered to receive subscriptions of
stock at any time, and from time to time, as a majority of
them may think proper, to make return of the subscription of
stock by them respectively received.
Sec. 5. Be it further enacted, That whenever the sum of corporate
powers.
138
1860-61. Chap. 133.
fifty thousand dollars shall be subscribed in manner and form
aforesaid, the subscribers, their executors, administrators or
assigns, shall be, and they are hereby declared incorporated
into a company, by the name and style of the Greenville and
Goldsboro' Railroad Company, and by that name shall be
capable in law and equity of purchasing, holding, selling,
leasing and conveying estates, real, personal and mixed, and
acquiring the same by gift or devisO, so far as shall be neces¬
sary for the purposes embraced within the scope, object and
intent of their charter, and no further; and shall have perpe¬
tual succession, and by their corporate name may sue and be
sued, plead and be impleaded in any court of law and equity in
this State, and may have and use a common seal, which they
may alter and renew at pleasure, and shall have and enjoy all
the rights and immunities which other corporate bodies may,
and of right do exercise; and make all such by-laws, rules and
regulations as are necessary for the government of the corpo¬
ration, or effecting the object for which it was created, not
inconsistent with the constitution and laws of the State, and of
the United States.
meeting of Sec. 6. Be it further enacted, That it shall be the duty of
stockhoid&rs
the commissioners named in this act for receiving subscrip¬
tions, or a majority of them, as soon as the sum of fifty thou¬
sand dollars shall have been subscribed in manner aforesaid, to
give public notice thereof, and at the same time call a general
meeting of the stockholders, giving at least thirty days' notice
of the time and place of meeting: a-majority of the stock-
officers. holders being represented in person or by proxy, shall proceed
to elect a president and treasurer and nine directors out of the
number of stockholders; and the said directors shall have
power to perform all the duties necessary in the government of
the corporation and the transaction of its business; and the
persons elected, as aforesaid, shall serve such period, not ex¬
ceeding one year, as the stockholders may direct; and at that
meeting the stockholders shall fix on the day and place or
places when the subsequent election of president, treasurer and
directors shall be held, and such election shall thenceforth be
annually made; but if the day of the annual election of officers
should, under any circumstances, pass without an election, the
corporation shall not thereby be dissolved, but the officers
1860-61* Chap. 188.
139
formerly elected shall continue in office until a new election
takes place.
Sec. 7. Be it further enacted, That the election of officers Elections by
aforesaid shall he by ballot, each stockholder having as many
votes as he has shares in the stock of the company, and the
person having the greatest number of votes polled shall he
considered duly elected to the office for which he is nominated,
and at all elections, and upon all votes taken at any meeting
of the stockholders upon any by-law, or any of the affairs of
the company, each share of stock shall he entitled to one vote,
to be represented in person or by proxy; and proxies may
be verified^ in such manner as the by-laws of the company
prescribe.
Sec. 8. Be it further enacted, That the board of directors Vacancies,
may fill any vacancies which may occur in it during the period
for which they have been elected; and in the absence of the
president, may appoint a president jpro tempore to fill his
place.
Sec. 9. Be it further enacted, That the board of directors Payment of
may call for the sums subscribed as stock in said company in
such instalments as the interest of said company may, in their
opinion, require. The call for each payment shall be pub¬
lished in one or more newspapers of the State for one month
before the day of payment,; and on failure of any stockholder
to pay each instalment as thus required, the directors may sell
at public auction, on a previous notice of ten days, for cash,
all the stock subscribed for in said company by such stock¬
holder, and convey the same to the purchaser at said sale, and
if the said sale of stock does not produce a sum sufficient to
pay off the incidental expenses of the sale, and the entire
amount owing by such stockholder to the company for such
subscription of stock, then and in that case the whole of such
balance shall be held as due at once to the company, and may
be recovered by such stockholder, or his executor, adminis¬
trator or assign, at the suit of said company, either by sum¬
mary motion in any court of superior jurisdiction in the county
where the delinquent resides, on previous notice of ten days to
said subscriber, or by the action of assumpsit in any court of
competent jurisdiction, or by warrant before a justice of the
peace when the sum does not exceed one hundred dollars; and
140
1860-61. Chap. 133.
Debts of stock¬
holders.
Certificates of
stock.
Increase of
capital stock.
Contracts.
Corporate
privileges.
Eight of way.
in all cases of assignment of stock before the "whole amount
has been paid to the company, then for all sums due on such
stock, both [the] original subscriber, and the first and all sub¬
sequent assignees, shall be liable to the company, and the same
may be recovered as above described.
Sec. 10. Be it further enacted, That the debts of the stock¬
holders, due to the company for stock therein, either as origi¬
nal proprietor, or as first or subsequent assignee, shall be
considered as of equal dignity with judgments in the dis¬
tribution of assets of a deceased stockholder by his legal
representatives.
Sec. 11. Be it further enacted, That the said company
shall issue certificates of stock to its members, and said stock
may be transferred in such manner and form as may be di¬
rected by the by-laws of the company.
Sec. 12. Be it further enacted, That said company may at
any time increase its capital stock to a sum sufficient to com¬
plete said road, not exceeding the additional sum of two hun¬
dred thousand dollars, by opening books for the subscription
of new stock, or borrowing money on the credit of the com¬
pany, and the mortgage of its charter and works; and the
manner in which the same shall be done in either case, shall be
prescribed by the stockholders.
Sec. 13. Be it further enacted, That all contracts or agree¬
ments authenticated by the president and secretary of the
board, shall be binding on the company with or without a seal:
such a mode of authentication shall be used as the company by
their by-laws may adopt.
Sec. 4. Be it further enacted, That the said company may
purchase, have and hold in fee, or for a term of years, any
lands, tenements or hereditaments which may be necessary for
the said road, or for the erection of depositories, store¬
houses, houses for the officers, servants or agents of the com¬
pany, or for work-shops or foundries to be used Uy the
company, or for procuring stone or other materials necessary
to the construction of the road or effecting transportation, and
for no other purpose whatsoever.
Sec. 15. Be it further enacted, That the company shall
have the right, when necessary, to construct the said railroad
across any public road, or along the side of any public road:
1860-61. Chap. 133.
141
Provided, That the said company shall *not obstruct any public
road without first constructing one equally as good and as con¬
venient as the one taken by the company.
Sec. 16. Be it further enacted, That when any lands or landsmaybe
right of-.way be required by the said company for the purpose use of company,
of constructing their road, Jbuilding ware-houses, water-stations,
work-shops, depositories, and for want of agreement as to the
value thereof, or from any other cause,' the same cannot be
purchased from the owner or owners, the same may be taken
at a valuation to be made by a jury of good and lawful men, to
be summoned by the sheriff of the county in which the land re¬
quired by^the company may lie; and in making the said valu¬
ation, the said jury shall take into consideration the loss or
damage which may occur to the owner or owners in conse¬
quence of the land or the right of way being surrendered, and
the benefit or advantage he, she or they may receive from the
erection of said road, and shall state particularly the value and
amount of each, and the excess of loss or damage over and
above the advantage and benefit shall form the measure of
valuation of said land or right of way: Provided, nevertheless,
That if any person or persons over whose land the said road
may pass, or the company, should be dissatisfied with the valu¬
ation thus made, then and in that case either party may have
an appeal to the next court of the county to be held thereafter,
and the sheriff shall return to the said court the verdict of the
jury, with all proceedings thereon, and the land or right of
way so valued by the jury shall vest in the said company so
long as the same shall be used for the purposes of said rail¬
road, so soon as the valuation may be paid, or if refused, paid
over to the clerk of the county court: Provided, further, That
the right of condemnation shall not authorize the said company
to' invade the dwelling-house, yard, garden or grave-yard of
any individual without his consent.
Sec. IT. Be it further enacted, That the right of said com- what quantity
pany to condemn land in the manner described in the above dlmned?°n"
section shall extend to the condemnation only of one hundred
feet on each side of the main track of the road, from the centre
of the same, unless in case of deep cuts and fillings, when said
company [shall have power to condemn as much in addition
thereto as may be necessary for the purpose of constructing
142
i860—'61 Chap. 133.
said road; and the company in like manner shall have power
to condemn any appropriate land for the building of depots
and shops not exceeding five acres in any one lot or station.
Sec. 18. Be it further enacted, That the said company
shall have the exclusive right of conveyance or transportation
of persons, goods, merchandise and produce over said road,
at such charges as may be fixed on by a majority ^of the
directors.
Sec. 19. Be it further enacted, That the profits of the com¬
pany, or so much thereof as the board of directors may deem
advisable, shall, when the affairs of the company will permit,
be annually or semi-annually divided among the stockholders,
in proportion to the stock each may own.
Sec. 20. Be it further enacted, That any contract that may
be entered into with any other railroad company by the presi¬
dent and directors of said company, after the consent of a
majority of the stockholders first obtained, shall be binding on
the company.
officers exempt Sec. 21. Be it further enacted, That all the officers of the
from certain . _ ,
duties. company, and servants and persons in the actual employment
of the company, be, and they are hereby exempt from perform¬
ing ordinary military duty, working on public roads, and
serving as jurors.
Whenactvoid. Sec. 22. Be it further enacted, That all the work hereby re¬
quired shall be executed with due diligence, and if it be not
commenced within four years after the ratification of this act,
then the charter shall be void.
Sec. 23. Be it further enacted, That this act shall be in
force from and after its ratification, and shall be regarded as a
public act, and be continued in force until the year nineteen
hundred.
Notice of pro- Sec. 24. Be it further enacted, That notice of process upon
the principal agent of said company, or the President, or any
two of the directors thereof, shall be taken to be lawful notice
of service of process upon the company in any suit or action
before any court of the State. \Ratified the £3rd day of
, 1861.]
Dividends.
Contracts.
1860—'61. Chap. 134.
143
an act to incorporate the milton and yanceyville junc- Chap. 134.
tion railroad company.
Section 1. Be it enacted by the General Assembly of the
State of J¥orth Carolina, and it is hereby enacted by the au¬
thority of the same, That for the purpose of constructing a
railroad from some point on the North Carolina line, at or near
Milton, by "way of Yanceyville, to the North Carolina Railroad
at the workshops, with the privilege of connecting the same
with the Richmond and Danville Railroad, when authorized hy
the Legislature of Virginia, the formation of a company is Capital stock,
hereby authorized, with a capital stock of five hundred thousand
dollars, called the "Milton and Yanceyville Junction Railroad
Company," and when formed in compliance with the conditions
hereinafter prescribed, to have a perpetual existence as a body
politic and corporate.
Sec. 2. Be it further enacted, That for the purpose of commissioners,
creating the capital stock of said company, the following per¬
sons be, and the same are hereby appointed commissioners, to
wit: at Milton, under the superintendence of Samuel Watkins,
John Wilson, Sen'r, Dabney Terry, M. McGehee, N. M. Lewis,
Thomas Donoho; at Yanceyville, under the superintendence of
John A. Graves, Samuel P. Hill, Thomas D. Johnston, Thos.
Bigelow, and George Williamson; at Greensboro', under the
superintendence of Jas. R. McLean, James Sloan, R. P. Dick,
and R. Gorrell; at Graham, under the superintendence of E.
M. Hatt, Dr. John Ruffin, Jesse Gant, George Patterson; at
Locust Hill, under the superintendence of Calvin Graves,
Chesley Turner, Antiochus Baswell, Dr. James E. Williamson,
Anthony Williamson; at Anderson's Store, under the superin¬
tendence of Dr. John Q. Anderson, A. B. Walker, J. Bird,
Thornton Baines, and at such places and by such other persons
as the commissioners at Yanceyville may direct; whose duty it
shall be to open books for the subscription of stock, at such
times and places, and under the direction of such persons as
they, or a majority of them may deem proper; and said com¬
missioners shall have power to appoint a chairman of their
body, treasurer, and other officers, and to sue for and recover
all sums of money that should be received by them under this
act.
144 1860-61. Chap. 134.
powe°sate Sec. 3. Be it further enacted, That when the sum of one hun¬
dred thousand shall have been subscribed in the manner and
form aforesaid, in shares of one hundred dollars each, and shall
have paid five per cent, on the same to the persons authorized
to receive the same,—and all subscriptions upon which five per
cent, is not paid be null and void,—the subscribers, their exe¬
cutors, administrators or assigns, shall be, and they are hereby
declared incorporated into a company, by name and style of
the "Milton and Yanceyville Junction Railroad Company;"
and by that name shall be capable in law and equity of pur¬
chasing, holding, selling, leasing and conveying estate, real,
personal and mixed, and of acquiring the same by gift or other¬
wise, so far as shall be necessary for the purposes embraced in
their charter; and shall have perpetual succession, and may sue
and be sued, by their corporate name, plead and be impleaded
in any court of law or equity in the State of North Carolina,
or other State, having competent jurisdiction, and may have
and use a common seal, which they may alter or renew at plea¬
sure ; and shall have and enjoy all other rights and privileges
which their [other] corporate bodies may and do exercise, and
make all such by-laws, rules and regulations, as may be neces¬
sary for the government of said company.
Directors. Sec. 4. Be it further enacted, That it shall be the duty of
the stockholders, or a majority of them, as soon as the sum of
one hundred thousand dollars shall have been subscribed as
aforesaid, to appoint a time and place, and give at least thirty
days' public notice, for stockholders to meet, at which time and
place, a majority of the stock being represented in person or
by proxy, shall proceed to elect nine directors out of the number
of stockholders, each of whom shall possess at least two shares
of stock, and shall also proceed to elect a president and trea¬
surer, out of the number of stockholders; and the said directors
shall have power to do all things necessary for the government
of the company, and for the transaction of business. The
persons elected directors, as aforesaid, shall serve for one
year, and the election for president, treasurer and directors
shall be held annually at such times and places as the stock¬
holders may direct. But, if the day for the annual election
should pass without an election of officers, the officers formerly
elected shall continue in office until a new election takes place.
1860-61. Chap. 134.
145
Sec. 5. Be it further enacted, That the election of all ®^ions by
officers shall be by ballot, each stockholder casting as many
votes as he has shares in the stock of said company, and the
person receiving a majority of the stock polled, shall be con¬
sidered duly elected. Each share of the stock shall be entitled
to one vote, to be represented in person or by proxy—proxies
to be verified in such manner as the by-laws may prescribe.
Sec. 6. Be it further enacted, That the board of directors subscrip-
may call for the sums subscribed as stock in said company in
such instalments as the interest of said company may, in their
opinion, require, the call for each payment to be published, in
one or more newspapers, for the space of one month before the
day of payment; and on the failure of any stockholder to pay
each instalment as thus required, the directors may sell at
public auction, ten days' notice having been given, for cash, all
the stock subscribed for in said company by such stockholder,
and convey the same to the purchaser at said sale; and if said
sale of stock do not produce a fund sufficient to pay off the
incidental expenses of the sale and the entire amount owing by
such stockholder to the company for such subscription of stock,
then, and in that case, the whole of such balance shall be held
as due at once to the company, and may be recovered of such
stockholder, or his executors, administrators, or assigns, at the
suit of said company, by action of assumpsit, in any court of
competent jurisdiction, or by warrant before a justice of the
peace, when the sum does not exceed one hundred dollars.
In all cases of assignment of stock before the whole amount
has been paid to the company, then for all sums due on such
stock, both the original subscriber, [and] the first and all subse¬
quent assigns, shall be liable to the company, and recovered as
above described.
Sec. 7. Be it further enacted. That the debt of the stock- pebt ofatock-
J ' .... holders,
holders, due to the company for stock therein, either by the
original subscriber or his assignee, shall be of equal dignity
with judgments in the distributions of assets of a deceased
stockholder by his legal representatives.
Sec. §. Be it further enacted, That said company shall certificates of
issue certificates of stock to its members, and said stock may bestook'
transferred in such manner as may be directed by the by laws
of said company.
10
146
1860-61. Chap. 134.
Increase of
stock.
Corporate
powers.
Contracts.
Eight of way.
Lands may be
condemned.
Sec. 9. Be it further enacted, That said company may at
any time increase its capital stock to a sum sufficient to com¬
plete said road, not to exceed an additional sum of seven
hundred thousand dollars, either by opening books for subscrip¬
tion of new stock, or borrowing money on the credit of the
company or on the mortgage of its charter and works, as shall
be prescribed by the stockholders.
Sec. 10. Be it further enacted, That said company shall
have power to construct, as speedily as possible, a railroad, with
one or more tracks, along the line as heretofore set out in this
act, and shall have the privilege of using any section of said
road constructed by them before the whole is completed.
Sec. 11. Be it further enacted, That all contracts or agree¬
ments authenticated by the president and secretary of the board
shall be binding on the company—such a mode of authentica¬
tion to be used as the company by their by-laws may direct.
Sec. 12. Be it further enacted, That said company shall
have the right, when necessary, to construct the said road across
any public road, or along the side of any public road.
Sec. 13. Be it further enacted, That when any land or right
of way may be required by said company for the purpose of con¬
structing their road, and for want of agreement as to the value
thereof, or from any other cause, the same cannot be purchased
from the owner or owners, the same may be taken at a valua¬
tion to be made by five commissioners, or a majority of them,
to be appointed by the county courts of the respective counties
where some part of the land or right of way is situated. In
making the said valuation, the said commissioners shall take
into consideration the loss or damage which may accrue to the
owner or owners, in consequence of the lands or right of way
being surrendered, and the benefit or advantage he, she or they
may receive from the erection of said road, and state particu¬
larly the value and amount of each, and the excess of loss and
damage over and above the advantages and benefit shall form
the measure of valuation of said land or right of way: Brovidedt
nevertheless, That if any person or persons over whose land
the road may pass, or the company, should be dissatisfied with
the valuation of said commissioners, then, and in that case,
either party may appeal to the superior court. The proceedings
of said commissioners, accompanied with a full description of
1800-61. Chap. 134.
147
said land or right of way, shall he returned, under the hands
and seals of a majority of the commissioners, to the court from
which the commission issued, there to remain a matter of
record, and the lands or right of way so valued by the commis¬
sioners shall vest in the said company so long as the same shall
be used for the purposes of said railroad, so soon as the valua¬
tion may be paid, or when refused, may have been tendered:
Provided, That on application for the appointment of commis¬
sioners under this section, it shall be made to appear to the
satisfaction of the court, that at least ten days' previous notice
has been given by the applicant to the owner or owners of
lands proposed to be condemned: Provided, That the right of
condemnation shall not extend to the dwelling-house, yard or
garden of any individual without his consent.
Sec. 14. Be it further enacted, That the. right of said what lands
, .. Mi-i-io. condemned.
company to condemn lands in the manner described in the 13th
section of this act shall extend to the condemning only one
hundred feet on each side of the main track of the road, unless
in case of deep cuts and fillings, when said company shfll have
power to condemn as much in addition thereto as may be
necessary for the purpose of constructing said road; and the
company, in like manner, shall also have power to condemn
any adjoining lands for the construction and building depots,
shops, warehouses, buildings for servants, agents, and persons
employed on the said road, not exceeding two acres in one lot
or station.
Sec. 15. Be it further enacted, 'That all lands on which Lands to vest
ie the company,
the road may be located, not heretofore granted by the State,
within one hundred feet of the centre of said road which may
be constructed by said company, shall vest in the company as
soon as the line of the road is definitely laid out.
Sec. 16. Be it further enacted, That said company shall corporate privi-
have the exclusive right of the conveyance or transportationleses'
of persons, goods merchandise or produce over said road, at
such charges as may be fixed on by a majority of the directors.
Sec. 17. Be it further enacted, That said company shall corporate privi-
have the right, and it shall be their duty, to take at the store le®es'
houses they may establish on or annex to their railroad, all
goods, wares, merchandise and produce intended for transpor¬
tation, prescribe the rules of priority and charge, and receive
148
1860-'61. CHAP. 134-135.
Vacancies in
board.
Dividends.
Notice of
process.
such just and reasonable compensation for storage as they y
rules may establish, or may be fixed by agreement.
Sec. 18. Be it further enacted, That the board of directors
may fill all vacancies which may occur in it during the period
for which they have been elected, kid in the absence or death
of the president may appoint a president pro tempore, to fill his
place, from among their number.
Sec. 19, Be it further enacted, That the profits of the com¬
pany, or so much thereof as the directors may deem advisable,
shall, when the affairs of the company will permit, be semi¬
annually divided among the stockholders in proportion to the
stock each may own.
Sec. 20. Be it further enacted, That notice of process
upon the ^president, any director or acting agent of said com¬
pany, shall be deemed lawful notice of process upon the com¬
pany. \_Ratified the 20th day of February, 18G1.]
Chap. 135. AN ACfcALLOWING THE RALEIGH AND GASTON RAILROAD COM¬
PANY TO INCREASE THE CAPITAL STOCK.
Preamble. Whereas, The whole capital stock of the Raleigh and Gas¬
ton Railroad Company is fixed by the charter at the sum of
nine hundred and seventy-five thousand dollars, and each share
thereof at one hundred dollars, and by reason of the great ex¬
penditure in permanent fixtures necessarily made to complete
the road after exhausting the capital stock, the actual capital
invested is now or will soon be upwards of one million, five
hundred thousand dollars, so that each share in said company
now represents about the sum of one hundred and fifty dol¬
lars : And whereas, At a late general meeting of the stock¬
holders, held on the 4th day of October last, it was deemed
expedient and so resolved, that the company should purchase
a portion of the slaves to be employed in its service, whereby
each share will represent a still larger additional amount of
capital stock, and it is but just that the shares should repre-
Amou t f ■ as nearly as practicable the amount of capital invested :
creMenof°stock. ^ therefore enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it shall be lawful for the Raieigh
1860-61. Chap. 185.
149
and Gaston Railroad Company to increase the number of
shares of its capital stock, so as to make the whole numSer
fifteen thousand or less, and that the additional number hereby
allowed may be wholly or partly divided among the stockhold¬
ers, according to their several interests, or sold for their use
and benefit, or used to purchase slaves for the use of the com¬
pany, as by the stockholders shall be deemed best: Provided,
nevertheless, That it shall be necessary for the State, as a
stockholder, to concur in the number of increased shares, as
also in the disposition thereof.
Sec. 2. Be it further enacted, That if the additional shares, Fractions of
or ally number of them, shall be divided among the stockhold¬
ers, all the fractional parts of shares which may accrue on
such division shall be added together, so as to' constitute whole
shares, and they shall be disposed of for the benefit of those
having fractional interest as may be deemed advisable by the
company.
Sec. 3. Be it further enacted, That this act, when ac- Act a part of
cepted by the company, shall forthwith be deemed a part of
the charter, and such acceptance shall be certified to the sec¬
retary of State by the president and directors of the company,
under the seal of the corporation.
Sec. 4. Be it further Enacted, That a general meeting of Act to be accept-
the stockholders may be called for the purpose of accepting meeting?eral
the amendment, and if accepted, as provided in section 3rd, at
any time Within two years, it shall b& sufficient.
Sec. 5. Be it further enacted, That it shall not be necessary How capital in-
for the company to increase the number of shares at once, but
they may do so from time to time as shall be resolved on, the
State concurring as aforesaid: Provided, however, The whole
capital of the company shall not exceed fifteen hundred thou¬
sand dollars.
Sec. 6. Be it further enacted, That every part of the pre¬
sent charter of said company which shall be in conflict with
this amendment shall be null and void after its acceptance as
aforesaid. [Ratified the 23rd day of February, 1861.]
150
1860-61. tChap. 136.
Chap. 136. an act for the relief of charles wilkes, and to charter
the st. Catharine's mills and charlotte railroad com¬
pany.
Body corporate. Section 1. Be it enacted ly the G-eneral - Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That for the purpose of establishing and
maintaining a connection by railway between St. Catharine's
Mills, in the county of Mecklenburg, through the town of
Charlotte, (upon such terms as may be agreed upon by the au¬
thorities of said town and the company hereby incorporated,)
to the depot of the North Carolina and Charlotte and Colum¬
bia Railroad and Captain Wilkes' Steam Flouring Mills, near
said town, John Wilkes "and Charles Wilkes, their associates,
successors and assigns, [be,] and they are hereby incorporated
and made a body politic, by the name and style of the " St.
Corporate name. Catharine's and Charlotte Railroad Company," with power to
make and from time to time to alter such by-laws, rules and
regulations, and to have such officers as may be necessary for
the purposes of this act; with power also to have and use a
common seal, to sue and be sued, implead and be impleaded
at law and in equity, and to have and enjoy all the powers,
privileges and authorities conferred by law on railroad and
other companies and corporations under the sixty-first and
twenty-fifth chapters of the Revised Code of this State,
corporate pow- Sec. 2. Be it further enacted, That the sail? company
ers' shall have power to transport for such hire and reward as may
be agreed upon, to and between the said points, all such flour,
produce, passengers, wood, minerals, iron and all jother arti¬
cles, goods and things whatsoever, by horse or steam power, as
they may deem proper, and the same to store for hire and re¬
ward, subject, nevertheless, to such reasonable regulations and
restrictions as may be imposed by the town authorities of
Charlotte concerning the passage of the same through the
streets of said town.
Capital stock. Sec. 3. Be it further enacted, That the capital stock of
said corporation shall not exceed the sum of one hundred thou¬
sand dollars, to be divided into shares of one hundred dollars
each, transferable and assignable as may be prescribed by the
by-laws of the company; and all such shares shall be deemed
1860—'61. Chap. 136-137.
151
personal estate, and they may raise money, by loan or other¬
wise, sufficient to equip and complete their road, upon such
terms and security as a majority of the holders of stock rep¬
resenting a majority of the capital hereby authorized to be
invested, may direct.
Sec. 4. Be it further enacted, That every obstruction to Trespass,
the safe and free passage of cars and other vehicles on the
said road shall be deemed a public nuisance, and may be
abated as such by any officer, agent or servant of the said
company, and the person causing such obstruction may be in¬
dicted as for erecting a public nuisance.
Sec, 5. Be it further enacted, That this act shall be in
force and have effect from and after its passage. [Ratified
the 23(2 day of February, 1861.]
an act to enable the western railroad company to ex- Chap. 137.
tend their road prom the coal fields to the north
carolina railroad.
Whereas, The loan of four hundred thousand dollars made Preamble,
to the Western Railroad Company, by an act of the last legis¬
lature, entitled " An act to aid in the construction and equip¬
ment of the Western Railroad from Fayetteville to the Coal
Fields," was insufficient to enable said company to procure the
rolling stock and equipment, build work shops, and construct
the necessary wharves at Cape Fear river, for the shipment of
coal and other produce, and for the erection of a permanent
bridge across Deep River; therefore, to enable said company
to complete said works, and to carry into effect the provisions
of this act:
Section 1. Be it enacted by the Ceneral Assembly of the Two divisions
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That there shall be two divisions of the
Western Railroad, viz: the eastern division shall extend from
the Cape Fear to the west bank of Deep river, near Egypt, in
the county of Chatham, and the western division shall extend
from the west bank of Deep river to a point on the North Car¬
olina Railroad, to be hereafter determined by the president
and directors of the Western Railroad Company, or the stock*
holders of the same, in general meeting assembled.
152 1860-'61. Chap. 1ST.
public treasurer Sec. 2. Be it further enacted, That for the purpose of com-
eastern'dM- ^°r pleting the eastern diyision, procuring the rolling stock and
8,on" equipments, building shops, wharves, and constructing a per¬
manent bridge over Deep river, the public treasurer is hereby
Amount. authorized and directed to sell two hundred thousand dollars of
the coupon bonds of the State of North Carolina, made in the
same manner and form as those heretofore sold for said com¬
pany, and the proceeds thereof to loan to said railroad com¬
pany, the Said company making and delivering to the public
treasurer at the same time its coupon bonds for the same
amount, and payable at the same time and place as those of
the State, sold for its benefit; and to secure the principal and
security to interest of said bonds, issued by the Western Railroad Com-
State. T ' J
pany, the State of North Carolina shall by this act have a lien
upon the eastern division of said road, together with all the
rights and franchises thereto belonging or in any wise apper¬
taining, and upon all the estate of said company, both real and
personal, which they may now have or may hereafter acquire,
which lien shall have preference over all other claims what¬
soever.
Bonds for west- Sec. 3. Be it further enacted, That for the purpose of com¬
pleting the western division of said road, the public treasurer
is hereby authorized and directed to issue and sell the coupon
bonds of the State of North Carolina, signed by the governor,
and countersigned by the public treasurer, and sealed with the
great seal of the State, bearing six per cent, interest, the prin¬
cipal payable at the end of thirty years from the date thereof,
and the coupons of interest payable semi-annually in such form
and at such time and place as the public treasurer may direct,
for the purpose of raising the money herein directed to be
loaned to the Western Railroad Company.
Sec. 4. Be it further enacted, That before the public trea¬
surer shall make any loan to said company of any of the
moneys received from the sale of the bonds hereby authorized
to be issued and disposed of, the Western Railroad Company
shall deliver to the public treasurer the coupon bonds of said
company, bearing the same interest and date, the principal and
coupons payable at the same time and place as those of the
State herein before directed to be issued and disposed of; and
to secure the principal and interest of said bonds issued by the
em division.
Treasurer to
take company
bonds.
1860-61. Chap. 13T.
153
Western Railroad Company, the State of North Carolina shall
by this act have a lien upon the western division of said road,
together with all the rights, franchises and powers thereto
belonging, or in any wise appertaining, or which may here¬
after belong or appertain, together with all the real and per¬
sonal estate of said company which they may now have or
hereafter acquire, and which lien shall have preference over all
other claims whatsoever; and in case of failure of said com¬
pany to pay the semi-annual interest on said bonds for twenty^
four months after such interest shall become due, or to pay the
principal of said bonds for twelve months after their maturity,
the board of internal improvement for and on behalf of the
State may enter upon and take possession of all the property
herein before specified, and dispose of the same so as to protect
the State.
Sec. 5. Be it further enacted, That the public treasurer Bonds issued as
shall issue and dispose of the bonds hereinbefore directed, from
time to time, as may be necessary to make the loans to said
company, as required by the provisions of this act; and said
loans shall be made in the sums and on the conditions follow¬
ing, viz: that whenever the president of said company shall
certify to the governor that a section of ten miles of said road
has been graded continuously at either end of the western
division, that said company has purchased the iron rails, chairs
and spikes, and will forthwith, in good faith, proceed to lay
down and complete said section of ten miles, said company
shall be entitled to receive the sum of one hundred thousand
dollars; and upon a like certificate, as each successive ten
miles has been graded and prepared to receive the superstruc¬
ture, said company shall be entitled to receive the sum of one
hundred thousand dollars, until said division shall be com¬
pleted : Provided, That if the last section shall be less than
ten miles, a deduction shall be made in the proportion of one
hundred thousand dollars to ten miles of road, it being the
purpose of this act to loan said company ten thousand dollars
per mile for each mile of road constructed between the eastern
division and the final terminus of said road on the North Caro¬
lina Railroad: Provided, further, That none of the bonds au¬
thorized to be issued for the western division of said road shall
be sold by the public treasurer, until it shall have been certi-
154
1860-6]. Chap. 13T-1B8.
fied to him by the president of said company that the iron rail
purchased for the said western division is of the product and
manufacture of the State of North Carolina: Provided, fur¬
ther, That the bonds so issued for said western division shall
not exceed $500,000.
Sec. 6. Be it further enacted, That whereas, the provisions
of the seventh, eighth and tenth sections of the act of the last
legislature, entitled "An act to aid in the construction and
equipment of the Western Railroad from Fayetteville to the
Coal Fields," are unusual, and have not been imposed upon
any other company in this State, therefore the said seventh,
eighth and tenth sections of said act be, and the same are
hereby repealed.
Bonds must be Sec. 7. Be it further enacted, That the bonds herein pro-
a par. by the public treasurer shall not be disposed
of by him for less than their par value. [Ratified the 16th day
of February, 1861.]
Chap. 138. an act to amend the charter of the western north car¬
olina railroad company.
Approves route. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the route selected by said company
for the location of their road from the east bank of the French
Broad river to the Tennessee line, at or near Duck Town or
Cowone, under the provisions of the second section of the acts
of 1854 and '5, and 185S and '9, be, and the same are hereby
approved.
First section of Sec. 2. Be it further enacted, That the first section of
rofld* • » • • • •
said road, instead of being divided into two sections as hereto¬
fore, shall be extended from Salisbury to, and terminate at the
western portal of the Blue Ridge tunnel west of the Swanna-
noa Gap, instead of Morgantown; but the subscriptions made
for the divisions of that section east and west of Morgantown,
shall be applied to the construction of the division designated
by the subscription.
Book of sub- Sec. 3. Be it further enacted, That the company, as pro-
second section, vided in said act, shall open books for the subscription of stock
Repealing
clause.
1800-61. Chap. 138.
155
for the second section of said road, to extend from the termi¬
nus of the said first section to a point to he selected by the
company on French Broad river, as near as may be consistent
"with tjie interest of the company to the village of Asheville;
and as soon as one-third of the estimated cost of that section
is subscribed by solvent individuals, counties and corporations,
as provided in the act of 1854-'5, the company shall place
that section under contract.
Sec. 4. Be it further enacted, That as soon as the second subscription to
. 'i-iiiii _ . , third section.
Section is put undqr contract, it shall be the duty of said com¬
pany to open books for the subscription of stock to extend the
third section of said road from the terminus of the section to
Waynesville, in the county of Haywood, or to a point west of
the head of Richland creek; and as soon as one-third of the
estimated cost of this section terminating at either of the
points designated shall have been subscribed, it shall be the
duty of the company to put a portion or all of the said section
under contract.
Sec. 5. Be it further enacted, That it shall be the duty of french broad
said company, at the same time they open books for the sub¬
scription of stock for the third division, also to open books for
the subscription of stock to construct a branch of said road
down French Broad river, agreeably to a survey recently
made by said company, terminating at the Paint Rock on the
Tennessee line.
Sec. 6. Be it further enacted, That the remainder of the remainder of
appropriation made for said road under the act of 1854-5,aPPropnatl(m*
after setting apart a sufficient sum to pay the contractors and
complete the road to the point on French Broad river, in the
county of Buncombe, shall be equally divided between the
third division extending to Waynesville, or a point west of the
head of Richland creek, and the branch down French Broad
river to the Paint Rock; and as soon as one-half that sum
shall have been subscribed, as provided in third section, for
either the third division or the branch, it shall be the duty of
the company to put a portion or all of either or both under
contracts.
Sec. 7. Be it further enacted, That the payments required state's subscrip-
to be made on the part of the State under this act and the act
of 1854, in one year from the passage of this act, shall not ex-
156
1860-61. Chap. 138-189.
ceed seven hundred thousand dollars: this limitation on tfie
expenditure is intended as a substitute for the restrictions
under the act of 1854~'5.
Repealing Sec. 8. Be it further enacted, That all laws and clauses of
laws, coming in conflict with this act, be, and the same are
hereby repealed, and that this act be in [force] from and after
its ratification. [Ratified the 18th day of February, 1861.]
Chap. 139. an act to incorporate the williamson and tareoro'
railroad company.
capital stock. Section 1. Be it enacted by the Creneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a company by the name and style of
the Williamston and Tarboro' Railroad Company, be, and the
same is hereby incorporated, with a capital stock of three hun¬
dred thousand dollars, divided into shares of one hundred dol¬
lars each, for the purpose of constructing a railroad from some
point at or near the town of Williamston, in the county of
Martin, to some point at or near the town of Tarboro', in the
county of Edgecombe.
commissioners. Sec. 2. Be it further enacted, That for the purpose of cre¬
ating the capital stock of said company, the following persons
be, and they are hereby appointed commissioners, viz: Asa
Biggs, D. W. Bagley, C. B. Hapell, John R. Lanier and John
C. Lamb, L. L. (Elements, Archibald Staton, L. S. Yates,
Bryant Bennett and H. M. Mizell, of the county of Martin;
Henry T. Clarke, Wm. M. Pippins, Robt. Brown, John Nor-
fleet, Whitmel Loyd, Theofolus Hyman, Wm. B. Cherry, B.
C. Mayo, Calvin Jones and Joshua Lawrence, of the county of
Edgecombe, whose duty it shall be to direct the opening of
books for subscription of stock at such times and places, and
under the direction of such persons, as they, or a majority of
them, may appoint; and said commissioners shall have power
to appoint a chairman of their body, and a treasurer, and all
other officers their organization may require, and to sue for all
such sums of money as ought under this act to be recovered by
them.
Books opened. Sec. 3. Be it further enacted, That all persons who are by
1860-61. Chap. 139.
157
this act authorized, or who may hereafter by the general Books opened,
commissioners be authorized to open books of subscription, may
do so at any time after the ratification of this act, upon giving
twenty days' notice of the time and place when said books will
be opened; and said books shall be kept open for the space of
thirty days, at least, and as long thereafter as the general
commissioners, or a majority of those who act, may decide;
and all subscriptions of stock shall be in shares-of one hundred
dollars, the subscriber paying, at the time of making his sub¬
scription, five dollars on each share by him subscribed, to the
person or persons authorized to receive such subscription; and
in case of failing to pay such sum, all such subscriptions shall
be void and of no effect; and upon closing the books, all such
sums as shall have been thus received of subscribers of the
first cash instalment, shall be paid over to the general com¬
missioners by the persons receiving the same; and in case of
failing to pay, as aforesaid, such person or persons receiving
said money shall be personally liable to said general commis¬
sioners before the organization of said company, and to the
company itself, after organization, to be recovered in the
county or superior courts of law within this State, in the
county where such person resides; or if he resides in any other
State, then in any court in such State having competent juris¬
diction. The general commissioners shall have power to Call
on and require all persons empowered to receive subscription of
stock at any time, and from time to time, as a majority of them
think proper, to make a return [of the Stock] by them respec¬
tively received, and to make payment of all sums of money
paid by subscribers; and all persbns receiving stock, shall pass
a receipt to the subscriber or subscribers for the payment of
the first instalment, as heretofore required to be paid; and'
upon their settlement with the general commissioners, as afore¬
said, it shall be the duty of the general commissioners, in like#
manner, to pass their receipts for alliums thus received to the
persons from whom received; and such receipts shall be taken
and held to be good and sufficient vouchers to the persons
holding them; and subscriptions of stock may be received as
aforesaid, or as hereafter provided for, to the amount of three
hundred thousand dollars.
Sec. 4. Be it further enacted, That it shall be the duty of
158
1860-'61. Chap. 139.
Body politic, said general commissioners to direct and authorize said hooks
of subscription to be kept open - until the sum of thirty-five
thousand dollars, at least, shall be subscribed in manner afore¬
said, and as soon as the said sum of thirty-five thousand dollars
shall be subscribed in manner aforesaid, and the sum of five
dollars on each share paid in, as aforesaid, the subscribers to
said stock shall be, and they are hereby declared a body politic
and corporate, in fact and in law, by the name of " The Wil-
liamston and Tarboro' Railroad Company," with all the corpo¬
rate powers and authority hereby created and granted, to be
held and exercised by said company, and their successors and
assigns, for the term of ninety-nine years, and by that name
shall be capable in law and in equity to purchase, hold, lease,
rent, sell or convey estate, real, personal or mixed, and to
acquire the same by gift, devise or otherwise, so far as shall
be necessary for the purposes embraced within the scope,
object and intention of this charter; and shall have commission
and a common seal, which they may use, alter or renew at
pleasure, and by their corporate name may sue and be sued,
plead and be impleaded in any court of law or equity in this
State, or any other State; and shall have, possess and enjoy
all the rights, privileges and immunities which corporate bodies
may, and of right do exercise, and may make all such by-laws,
rules and regulations as are necessary for the government of
the corporation, or for effecting the object for which it is
created, not inconsistent with the laws of this State, or of
the United States.
General meet- Sec. 5. Be it further enacted, That as soon as the sum
of twenty-five thousand dollars, or upwards, shall be sub¬
scribed, as aforesaid, it shall be the duty of the general
"commissioners to appoint a time for the stockholders to meet
at such place as they may designate, which they shall cause
to be previously published for the space of thirty days in
one or more newspapert, at which time and place the said
Directors. stockholders shall, in person or by proxy, proceed to elect by
ballot seven directors of the company, and to enact all such
rules, regulations and by-laws- as may be necessary for the
government of said corporation and transaction of its business.
The persons elected directors at this meeting shall serve such
period, not exceeding one year, as the stockholders may direct;
and at this meeting the stockholders shall fix on the day and
1860-61. Chap. 139.
159
place when and where the next election of directors shall he
held, and so at such subsequent meeting, and such electors
[[elections] shall henceforth be annually made. But if the day
of the annual election shall pass without any election of direc¬
tors, the corporation shall not thereby be dissolved, but it
shall be lawful on any other day to hold and make such elec¬
tion in such manner as may be prescribed by the by-laws of
the corporation.
Sec. C. Be it further enacted, That the officers of said Board,
company shall be managed by a general board, to consist of
seven directors, to be elected by the stockholders from among
themselves at their first and subsequent general annual meet¬
ing ; and no stockholder shall be elected a director, nor serve
as such, unless he be at the time of his election the bona fide
owner and legal holder of five shares of said stock, and shall
continue to hold the same during the term of his service.
Sec. 7. Be it further enacted, That the president of said president,
company shall be chosen by ballot, by a majority of the direc¬
tors from among themselves, with a salary to be fixed by the
stockholders in general meeting.
Sec. 8. Be it further enacted, That all stockholders, being vote of stock,
citizens of the United States, shall be entitled to vote either in
person or by proxy (the proxy being a stockholder), at all the
general meetings, and the vote to which each stockholder shall
be entitled, shall be according to the number of shares he may
hold, in the proportion following: that is to say, for one share
and not more than two, one vote; for every two shares above
two and not exceeding ten, one vote; for [every] four shares
above ten and not exceeding thirty, one vote; for every eight
shares over sixty and not exceeding one hundred, one vote; for
every ten shares over one hundred, one vote.
Sec. 9. Be it further enacted, That at the first general adjourned
meeting of the stockholders under this act, or [a] majority ofmeetins3-
all the shares subscribed shall be represented before proceed¬
ing to business; and if a sufficient number do not attend on
the day appointed, those who do attend shall have power to
adjourn from time to time until a regular meeting be thus
formed; and at such meeting the stockholders may provide by
a by-law as to the number of stockholders, and the amount of
stock to be held by them, which shalltconstitute a quorum for
160
1860-'61. Chap. 139.
Vacancies.
Additional sub¬
scription.
transacting business at all subsequent regular or occasional
meetings of stockholders and directors.
Returns by com- Sec. 10. Be it further enacted, That the general commis-
missioners. gjoners shall make their return of the shares of stock sub¬
scribed for, at the first general meeting of stockholders, and
pay over to the directors elected at that meeting, or their
authorized agent, all sums of money received from subscribers;
and on failure so to do, they shall be personally liable to said
company, to be recovered at the suit of said company in any
county or superior court in this State, in the county wherein
the delinquent resides; and in case of his death, the same shall
be recovered of his executor or administrator.
Sec. 11. Be it further enacted, That the board of directors
may fill all vacancies which may occur in it during the period
for which they have been elected; and in the absence of the
president, may fill his place by electing a president 'pro tern.
from among their number.
Sec. 12. Be it further enacted, That the said board of
directors shall have power aiyl authority to open books for fur¬
ther subscription to the stock of said company, and at such
time and under such persons as they may designate, in the
event the whole stock be not subscribed before the first general
meeting of the stockholders, and to open and to keep open
such books from time to time, until the whole amount of capi¬
tal stock be subscribed.
Sec. 13. Be it further enacted, That the said company shall
have power, and may proceed to construct, as speedily as pos¬
sible, a railroad, with one or more tracks, from some point at or
near the town of Williamston, in the county of Martin, to some
point at or near the town of Tarboro1, in the county of Edge¬
combe, to be determined by the stockholders at their first
general meeting, or as soon thereafter as practicable; and the
said company shall have the exclusive right of conveyance or
transportation of persons, goods, merchandise and produce
over the road constructed by them, at such charges as may be
fixed upon by a majority of the directors.
Sec. 14. Be it further enacted, That the [board] of directors
may call for the payment of the sums subscribed as stock in
said company in such instalments as the interest of said com¬
pany may in their opinion require. The call for each payment
Corporate
powers.
Payment of
stock.
1860-61. Chap. 139.
161
shall be published in one or more newspapers in this State for
the space of one month before the day of payment; and on
failure of any stockholder to pay each instalment as they [are]
required, the directors may sell at public auction, on a pre¬
vious notice of ten days, for cash, all thq stock subscribed for
in said company by such stockholders, and convey the same to
the purchaser; and if said sale of stock do not produce a sum
sufficient to pay* off the entire amount owing by such stock¬
holder to the company for such subscription of stock, then and
in that case the whole of such balance shall be held and taken
as due at once to the, company, and may be recovered of such
stockholder, or of his executors or administrators, at the suit
of said company, in any court of competent jurisdiction. And
in all cases of assignment of stock before the whole amount of
stock has been paid to the company, thus for all sums due on
such stock, both the original subscriber, and the first and all
subsequent assignees shall be liable to the company, and the
same may be recovered as above described.
Sec. 15. Be it further enacted, That said company shall certificates of
upon [issue] certificates of stock to its members, and said stock
may be transferred in such manner and form as may be directed
by the by-laws of the company.
Sec. 16. Be it further enacted, That said company may corporate
purchase, have and hold in fee, or for a term of years, anypowers>
lands, tenements or hereditaments which may be necessary for
the said road, or the appurtenances thereof, or for the erection
of depot-stations, store-houses, houses for the officers, servants
.or agents for the company, or for work-shops or foundries to
be used for said company, or for procuring stone or other ma¬
terials necessary to the construction of the road, or for effect¬
ing transportation thereon.
Sec. 17. Be it further enacted, That the company shall Right of way.
have the right, when necessary, to conduct the said road
across or along any public road or water course: Provided,
The said company shall not obstruct any public road without
constructing another equally good and convenient.
Sec. 18. Be it further enacted, That when any land or May condemn
right of way may be required by said company for the pur-land'
pose of constructing their road, and for want of agreement
as to the value thereof, or from any other cause, the same
11
1860-61. Chap. 139.
cannot be purchased from the owner, the same may be
taken at a valuation to be made by five commissioners, or a
majority of them, to be appointed by any court of record hav¬
ing competent jurisdiction in the county where some part of
the land or right of way is located. In making the said valu¬
ation, the said commissioners shall take into consideration the
loss or damage which may accrue to the owner or owners in
consequence of the land or right of way being surrendered,
and the benefit and advantage, general or special, which he,
she or they may receive by the increased value of the Jand, or
any special benefit which may arise from the location of a
depot or otherwise on said land, or any benefit which may
accrue in any way whatsoever, by the establishment of said
railroad or work, and shall state particularly the value and
amount of each, and the excess of the loss and damage over
and above the advantage and benefit: Provided, nevertheless,
That if any person or persons over whose land the road may
pass, or if said company shall be dissatisfied with the valuation
of said commissioners, then, and in that case, the party so
dissatisfied may have an appeal to the superior court in the
county wherein the valuation has been made, or in either
county in which the land may lie where it shall be in more
than one county, under the same rules, regulations and restric¬
tions as in other cases of appeal. The proceedings of said
commissioners, with a full description of the said land or
right of way, shall be returned under the hands and seals of a
majority of them, to the court from which the commission [was
issued^] there to remain a matter of record; and the land or
right of way so valued shall vest in the said company so long
as the same shall be used for the purpose of the said railroad,
so soon as the valuation shall have been paid, or where re¬
fused, may have been tendered: Provided, That on application
for the appointment of commissioners under this section, it
shall be made to appear to the satisfaction of the court that at
least ten days' previous notice has been given by the applicant
to the owner or owners of the land so proposed to be con¬
demned ; or if the owner or owners be infants or non compos
mentis, then to the guardiati of such owner or owners, if such
guardian can be found within the county, or if he cannot be
found, then such application shall have been published at least
1860-61. Chap. 139.
163
one month next preceding, in some newspaper printed as con¬
venient as may be to the court-house of the county in which
the application is made; Provided, further, That the valuation
provided for in this section shall be made on oath by the com¬
missioners aforesaid, which oaths any justice of the peace or
clerk of a court is authorized to administer: Provided, fur¬
ther, That the right of condemnation herein granted shall not
authorize the said company to remove the dwelling-house,
yard, garden or burial-ground of any individual, without his
consent.
Sec. 19. Be it further enacted, That the right of said com-what land may
pany to condemn land in the manner aforesaid shall extend to be condemned'
the condemning of one hundred feet on each side of main track
of the road, measuring from the centre of the same; and the
company shall also have power to condemn and appropriate
lands in like manner for the constructing and building of de¬
pots, shops, warehouses, and buildings for servants, agents and
persons employed on the [road,] and [not] exceeding two acres
in any one lot or station.
Sec. 20. Be it further enacted, That in the absence of any Title of land to
contract or contracts with said company in relation to the landnyS.tmcompar
through which the said road may pass, signed by the owner
thereof, or his agent, or any claimant or person in possession
thereof, it shall be presumed that the land upon which the said
road may be constructed, together with the space of one hun¬
dred feet on each side of the centre of said road, has been
granted to said company by the owner thereof, and the said
company shall have good right and title thereto, and shall
have, hold and enjoy the same as long as the same be used for
the purpose of the said road, and no longer, unless the person
or persons owning said land at the time that part of the said
road which may be on the said land was finished, or those
claiming under him, her or them shall apply for an assessment
of the value of said land as hereinbefore directed, within two
years next after that part of the said road which may be on
the said lands was finished; and in case the said owner, or
those claiming under him, shall not apply within two years
next after the said part was finished, he, she or they shall be
forever barred from recovering said land, or having any assess¬
ment or compensation therefor: Provided, Nothing herein
164
1860-61. Chap. 139.
contained shall affect the right of feme coverts or infants until
two years after the removal of the respective disabilities.
Sec. 21. Be it further enacted, That all lands not granted
to any person heretofore, within one hundred feet of the centre
of said road, shall vest in the company as soon as the line of
the road is definitely laid out through it, and any grant of said
land thereafter shall be void.
namage to road, Sec. 22. Be it further enacted, That if any person shall
wilfully and maliciously destroy or in any manner hurt, dam¬
age or obstruct, or shall wilfully or maliciously cause or aid or
assist, or counsel or advise any other person or persons to de¬
stroy, or in any manner to hurt, damage, injure or obstruct
the said railroad, or bridge, or vehicle used for transportation
on said road, or any water-tank, ware-house, or other property
of said company, such person or persons so offending shall be
liable to indictment therefor, and on conviction, shall be im¬
prisoned not more than six nor less than one month, and pay a
fine not exceeding five hundred dollars nor less than twenty
dollars, at the discretion of the court before which the trial
takes place.
corporate priri- Sec. 23. Be it further enacted, That the said company
shall have the right to take at the store-house they may estab¬
lish on or annex to their railroad, all goods, wares, merchan¬
dise and produce intended for transportation; to prescribe the
rules of priority, and charge and receive such [just] and rea¬
sonable compensation for storage as they by rules may establish,
(which they shall cause to be published,) or as may [be] fixed
by agreement with the owners, which may be distinct from the
rates of transportation.
dividends. Sec. 24. Be it further enacted, That the profits of the
company, or so much thereof as the general board may deem
advisable, shall, when the affairs of the company will permit,
semi-annually [be] divided amongst the stockholders, in pro¬
portion to the stock each may own.
exemptions of Sec. 25. Be it further enacted, That all the officers of the
company, and servants, and persons in the actual employ of
the company, be, and they [are hereby] exempted from per¬
forming ordinary military duty, working on public roads, and
serving as jurors.
Survey. Sec. 26, Be it further enacted, That for the purpose of
1860-'61. CHAP. 139-140.
165
ascertaining tlie best route for said road, and to locate the
same, it shall be lawful for said company, by its engineer,
servants and agents, to enter upon, examine and survey any
land or lands they »may wish to examine for that purpose.
Sec. 27. Be it f urther enacted, That the company aforesaid company to
shall keep a full record of all its proceedings; and if any 0flfeeParecord'
the persons named as general commissioners refuse to act,
those who do act are hereby authorized to appoint other com¬
missioners in their places. [Ratified the 22>d day of February,
1861.]
AN ACT CONCERNING- THE WILMINGTON AND WELDON RAILROAD Chap. 140.
COMPANY.
Whereas, The Wilmington and Weldon Railroad Company Preamble,
has, in conformity with a law passed by the Legislature of this
State, issued the bonds of said company to the amount of two
hundred and fifty thousand dollars, which bonds are endorsed
by the State of North Carolina as the said law provides; and
whereas, There remains unpaid of said bonds the sum of one
hundred thousand dollars, of which sum $50,000 is payable on
the 1st of January, 1862, and $50,000 on the 1st of January,
1863, which bonds are held and owned by the State of North
Carolina and the president and directors of the literary fund
of North Carolina:
Be it enacted by the G-eneral Assembly of the State of Extends time of
J^orth Carolina, and it is hereby enacted by the authority of Eomts?nt °f
the same, That the time of payment of said unpaid bonds
shall be extended so as to make the same payable, viz: fifty
thousand dollars on the 1st day of January, 1867, and fifty
thousand dollars on the 1st day of January, 1868, and that
the said bonds shall continue to bear interest at the rate of six
per cent, per annum until their maturity as herein extended,
which interest shall be payable semi-annually at the time and
place as set forth in said bonds. [Ratified the 23d day of
February, 1861.]
166
1860-61. Chap. 140.
Chap. 141. an act to construct a branch prom the Wilmington and
weldon railroad to or near the town of fayette-
yille.
Powers to con- Section 1. Be it enacted by the G-eneral Assembly of the
struct a branch. Carolina, and it is hereby enacted by the au¬
thority of the same, That the Wilmington and Weldon Rail¬
road Company shall have power and authority to open books
for the subscription for the capital of the company from time
to time; and when they may deem the same practicable with the
means th^ may have at command, they shall have authority
to construct a branch from some suitable point on the line of
their road, in the county of Duplin, through the counties of
Sampson and Cumberland, to some point at or near the town
of Fayetteville : Provided, The said road shall not go further
south on the Wilmington and Weldon Railroad than the deep
cut between Warsaw and Magnolia,
counties may Sec. 2. Be it further enacted. That each and every county
subscribe. . .
on the line of the whole road shall be authorized and empow¬
ered to subscribe for any number of shares of the capital
stock of said company, not exceeding twenty-five hundred
shares, under the provisions following: a majority of the jus¬
tices of each county, at any time [term] of the county court, shall
determine the number of shares for which they propose the
county shall subscribe, and appoint a day for holding an elec¬
tion in relation thereto, and cause the same to be entered upon
the minutes of the court; and it shall be the duty of the
sheriff of thq county in at least four public places to advertise
the object and day of the election for at least sixty days prior
thereto, and on said day to open and keep open the polls agree¬
ably to the acts regulating the elections for members of the
General Assembly, and all the qualified voters for members of
the House of Commons in said county favoring the subscrip¬
tion may vote " Yea," and all opposed may vote 44 No," and the
result of such election shall be faithfully made known to the
justices holding the first county court thereafter, and be made
a matter of record; the result being favorable to the subscrip¬
tion, the same shall be ample and full authority for the chair¬
man of the court, and it shall be his duty, to make the
subscription as proposed in the name of the county. To enable
1860-61. Chap. 140.
16T
the justices of said county to meet the instalments that may be
required upon such subscription, or otherwise pay for the same,
they are hereby invested with authority to issue the bonds of
the county, redeemable in any period not exceeding twenty-five
years from the dates thereof, to heap interest payable semi¬
annually, at a rate not exceeding seven per cent, per annum;
add it shall be the duty of the justices of the county regularly
to provide the means for meeting the interest on the county
bonds as the same shall become due, by layipg such taxes an¬
nually on the persons, lands and other property within the
county as shall and may be sufficient for the purpose ; and the
said justices shall likewise annually appoint a county agent to
negotiate any loan or loans that may be necessary, to sell and
dispose of the bonds, to receive the tax imposed to meet the
interest, and regularly and faithfully apply the same to its
payment, to represent the said county in all meetings of the
stockholders of the railroad company, and receive the divi¬
dends that may become due upon-the county stock, and apply the
same either to the interest or to a sinking fund for the extin¬
guishment of the principal as the justices of the county court
may direct; and it shall likewise be the duty of the justices
of the county in due season to make ample provisions, by tax¬
ation or otherwise, for liquidating the principal of said bonds
as they shall come to maturity.
Sec. 3. Be it further enacted, That to enable the company state treasurer
to construct said branch, the public treasurer is hereby autho-t0 lssuebonds"
rized and directed to issue and dispose of for money, coupon
bonds of the State of North Carolina, signed by the governor,
countersigned by the public treasurer, and sealed with the
great seal of the State, bearing six per cent, interest, the prin¬
cipal payable at the end of thirty years from the date thereof,
and the coupons of interest payable semi-annually in such
form and at such times and places as the public treasurer may
direct, for the purpose of raising the funds hereinafter directed
to be loaned to the said Wilmington and Weldon .Railroad
Company.
Sec. 4. Be it further enacted, That before the public trea- state security,
surer shall make any loan to said company of any of the
moneys received upon any of the bonds hereby authorized to
he issued and disposed of, the said Wilmington and Weldon
168
1860-61. Chap. 140.
Railroad Company, a majority of the stockholders assenting
thereto, shall deliver to the public treasurer the coupon bonds
of said company, and bearing the same interest and date, the
principal and coupons payable at the same time and place as
those of the State hereinbefore directed to be issued and dis¬
posed of; and to secure the principal and interest of said
bonds issued by the said Wilmington and Weldon Railroad
Company, the State of North Carolina shall by this act have
a lien upon all the estate of said company, both real and per¬
sonal, which they may now have, or may hereafter acquire
upon said branch of said road, including that at both points,
together with all the rights, franchises and powers thereta be¬
longing, or in any ways appertaining, or that may hereafter
belong or appertain to said company, and which lien shall have
preference over all other claims whatever; and in case of fail¬
ure of said company to pay the semi-annual interest on said
bonds for twenty-four months after such interest shall become
due, or to pay the principal of said bonds for twelve months
after their maturity, the board of internal improvement, for
and on behalf of the State, may enter upon and take posses¬
sion of all the property hereinbefore specified, and dispose of
the same, by sale or otherwise, so as to protect the State:
Provided, Nothing contained in this act shall authorize the
directors of the Wilmington and Weldon Railroad Company
to divest the dividends which may accrue upon the stock of
the literary hoard from the common school fund; but the said
dividends shall be regularly paid as they accrue.
When state ®EG* it further enacted, That the public treasurer
loan to be made. gha]] issue and dispose of the bonds as hereinbefore directed,
from time to time, as may be necessary, to make the loans to
said company as required by the provisions of this act, and
the said loan shall be made so soon as the grading is completed
for the sum of five thousand dollars per mile: Provided, That
the amount so loaned shall not exceed two hundred and fifty
thousand dollars.
To b« sold not Sec. 6. Be it further enacted, That bonds of the State
less than par. Jjgj.gjjy authorized to be issued shall not be sold for less than
their par value.
Connection. Sec. 7. Be it further enacted, That said company shall
have power and authority to connect said branch with the rail-
1860-61. Chap. 140-141.
169
way of the "Western Railroad Company at or near the town of
Fayetteville: Provided, That said connection shall not be
made at a distance of more than five miles from the said town
of Fayetteville.
Sec. 8. Be it further enacted. That the Wilmington and May make the
Titr -t i n i t branch separate
Weldon Railroad Company, at their election, may construct stock,
and equip the said branch railroad as a part of their road, or
may construct and equip the said branch railroad with a sepa¬
rate capital stock, separate earnings, profits and dividends.
Sec. 9. Be it further enacted, That this act shall be in
operation from and after its ratification. \Ratified the 18th
day of February > 1861.]
an act to incorporate the university railroad company. Chap. 141.
Section 1. Be it enacted by the Qeneral Assembly of the b94y corporate.
State of North Carolina, and it is hereby enacted by the au-
thority of the same, That for the purpose of constructing a
railroad, to be operated either by horse or sleam power, from
Chapel Hill to the North Carolina Railroad, David L. Swain,
Francis L. Hawks, John M. Morehead, Richard J. Ashe,
Pride Jones, Josiah Turner, sr., R. R. Bridges and W. N.
Patterson, and such other persons as they may associate with
them, their successors and assigns, are hereby declared to be
a'body politic and corporate, in fact and in law, by the name
and style of the " University Railroad Company," with all
the corporate powers and authority hereby created and granted,
to be held and exercised by said company and their successors
and assigns in perpetuity; and in that name shall be capable in
law and equity to purchase, hold, lease, rent, sell or convey
estates, real, personal and mixed, and to acquire the same by
gift or otherwise, so far as shall be necessary for the purposes
embraced within the scope, object and interest of this charter,
and shall have perpetual succession, and a common seal which
they may renew and alter at pleasure; and by their corporate
name may sue and be sued, plead and be impleaded in any
court of law and equity in this State or any other State,
and shall have, possess and enjoy all the rights, privileges
and immunities which corporate bodies may and of right do
1T0
1860-61. Chap. 141.
exercise J and may make all such by-laws, rules and regulations
as are necessary for the government of the corporation or for
effecting the object for which it is created, not inconsistent
with the laws of this State or of the United States.
capital stock. Sec. 2. That the capital stock of said company shall be
two hundred thousand dollars, to be divided into shares of one
hundred dollars each, and for the purpose of creating the
same, the said company may open books of subscription at
such times and places, under such persons, and under such
rules and regulations, as they may prescribe.
Directors. Sec. 8. That as soon as forty thousand dollars or upwards
shall have been subscribed to the capital stock of the com¬
pany, the corporation shall meet at Chapel Hill, and shall
proceed to elect, by ballot, five directors of the company, and
to make all such regulations and by-laws as may be necessary
for the government of said corporation and the transaction of
its business ; the persons elected directors at this meeting shall
serve such period, not exceeding one year, as the stockholders
may direct, and at this meeting the stockholders shall fix the
time and place when and where subsequent elections of direc¬
tors shall be held, and such election shall thenceforth be annu¬
ally made; but if the day of the annual election of directors
shall pass without any election of directors, the corporation
shall not thereby be dissolved, but it shall be lawful on any
other day to hold and make such election, in such manner as
may be prescribed by a by-law of the corporation.
board. Sec. 4. That the affairs of the said company shall be man¬
aged by a general board, to consist of five directors, to be
elected by the stockholders from among themselves at their
first and subsequent general annual meetings.
President. Sec. 5. That the said directors shall choose by ballot from
among themselves a president of said company, and said board
of directors shall also elect such other officers of the company
as their interest may require, with salaries to be fixed by the
stockholders in general meeting.
Vote of stock. Sec. 6. That all the stockholders, being citizens of the
United States, shall be entitled to vote, either in person or by
proxy, the proxy being a stockholder, at all general meetings,
and the vote to which each stockholder shall be entitled shall be
according to the number of shares he shall hold in the propor-
1860-61. Chap. 141.
1T1
tion following: that is to say, for one share, and not more
than two, one vote; for every two shares above two and not ex¬
ceeding ten, one vote j for every four shares above ten and not
exceeding thirty, one vote; for every six shares over thirty and
not exceeding sixty, one vote; for every eight shares over sixty
and not exceeding one hundred, one vote ; for every ten shares
over one hundred and not exceeding two hundred, one vote.
Sec. 7. That after the first general meeting of the stock- General meet-
holders under this act, a majority of all the shares subscribed ms'
shall be represented before proceeding to business, and if a
sufficient number do not appear on the day appointed, those
who do appear shall have power to adjourn from time to time
until a regular meeting be thus formed; at such general meet¬
ing the stockholders may provide by a by-law what number of
stockholders, and the amount of stock to be held by them,
shall constitute a quorum for transacting business at all subse¬
quent regular or occasional meetings of stockholders and
directors.
Sec. 8. That the board of directors may fill all vacancies Vacancies,
which may occur in it during the period for which they have
been elected, and in the absence of the president may fill his
place by electing a president pro tempore from among their
number.
Sec. 9. That said company shall have full power, and shall When charter
. mi •! i void.
proceed as speedily as possible to construct a railroad trom
Chapel Hill to some point on the North Carolina Railroad,
and if such road is not really commenced on or before the first
day of January, 1863, and completed by the first day of Jan¬
uary, 1867, this act of incorporation, with all the powers
therein granted, shall cease and become void.
Sec. 10. That said company shall have the exclusive right Corporate pn
r. . , . ° vileges.
ot conveyance or transportation ot persons, goods, merchan¬
dise and produce over the road constructed by them upon such
charges as may be fixed upon by a majority of the directors,
and the said company may farm out their right of transporta¬
tion over the said road subject to the rules above mentioned,
and the said company, and every person who may have re¬
ceived from them the right of transportation of goods, wares
and produce in said railroadj shall be deemed and taken to be
172
1860-61. Chap. 141.
a common carrier, as respects everything intrusted to said road
for transportation.
Payments g^c. 11. That the board of directors may call for the pay¬
ment of the sum subscribed as stock in said company in such
instalments as the interest of said company may, in their opin¬
ion, require; and on the failure of any stockholder to pay each
instalment as thus required, the directors may sell at public
auction, on a previous notice of twenty days, for cash, all the
stock subscribed for in said company by such stockholder, and
convey to the purchaser at said sale, discharged from all
other liability; and if the said sale of stock do not produce a
sum sufficient to pay all the incidental expenses of the sale and
the entire amount owing by said stockholder to the company
for such subscription of stock, then, and in that case, the
whole of the balance shall be held and taken as due at once to
the company, and may be recovered of such stockholder, or of
his executors, administrators or assigns, at the suit of said com¬
pany, either by summary motion in the county or superior
court where the delinquent resides, on a previous notice of ten
days to said subscriber, or by action in any court of compe¬
tent jurisdiction, or by a warrant before a justice of the peace,
where the sum does not exceed one hundred dollars; and in
all cases of assignment before the whole has been paid to the
company, then, for all sums due on said stock, the original
subscriber and the first and all subsequent assignees shall be
liable to the company, and the same may be [recovered] as
above described.
Sec. 12. That the debts of stockholders due to the company
for the stock therein, either as original subscriber or as first
or subsequent assignee, shall be considered of equal dignity
with judgments in the distribution of assets of a deceased
stockholder by his legal representative,
certificates of Sec. 13. That said company shall issue certificates of stock
stock. .^.g memjjerS) an(J Said stock may be transferred in such man¬
ner and form as may be directed by the law of the company.
Beports. ®EC* That the board of directors shall make at least
once a year a report to the general meeting of stockholders on
the affairs and business of the company, and as much oftener
as the company may require.
Bight of way. gj;c. 15. That in the absence of any contract with said
1860-61. Chap. 141-142.
173
company in relation to tlie land through which said road may
pass, it shall he presumed that the land upon which said road
may he constructed, together with the space of sixty feet on
each side of the centre of said road, has heen granted to said
company by the owner thereof, and said company shall have
good right and title thereto, and shall have, hold, [and] enjoy
the same as long as the same shall be used for the purposes of
said road, and no longer, unless the owner of said land shall
apply for an assessment fff the value of said lands, according
to law, within two years next after that part of the road
which may be upon said land was finished.
Sec. 16. That the profits of said company, when their af- dividends,
fairs will permit, shall be semi-annually divided among the
stockholders in proportion to the stock which each may own.
Sec. 17. That the said company are thereby authorized and increase of
empowered to increase the capital stock of said company
whenever the same may be necessary, by loan or otherwise, to
the sum of three hundred thousand dollars.
Sec. 18. Be it further enacted, That the North Carolina n. c. railroad
Railroad Company is hereby authorized to subscribe stock jnmaysu scn
said company not exceeding fifty thousand dollars, and to pay
the same out of the nett earnings of their road. [Ratified the
23rd day of February, 1861.]
an act to secure the completion of the wilmington, Chap. 142.
charlotte and rutherford railroad company, and
amend its charter.
Section 1. Be it enacted by the G-eneral Assembly of the Loan of state to
State of North Carolina, and it is hereby enacted by the aM-company'
thority of the same, That as additional to the aid at present
pledged by the State of North Carolina to the Wilmington,
Charlotte and Rutherford Railroad Company, the public trea¬
surer is hereby authorized and directed to advance, as a loan
to said company, the sum of six hundred and sixty thousand
dollars for the completion of its eastern division, and the fur¬
ther sum of three hundred and forty thousand dollars for the
completion of its western division ; the one-fourth part of
said sums shall be advanced to said company on the first of
174
1860-61.—Chap. 142.
April next, one other fourth part on the first day of October
next, and the remaining half upon the first day of July,
Proviso. 1862 : Provided, That said company shall call for said sums
on the days stated, and certify to the treasurer that the same
can be advantageously expended in the prosecution of the
•works ; and if the same be not called for upon said days, then
the payments shall thereafter be made when the same can be
used with advantage; and to enable the public treasurer to
make said loans, he is hereby authorized and directed to issue
and dispose of (at not less than their par value) the coupon
bonds of the State, signed by the governor, countersigned by
the treasurer, and sealed with the great seal of the State,
bearing six per cent, interest, the principal payable at the end
of thirty years from their respective dates, and the coupons
of interest payable semi-annually in such forms, times and
places as the public treasurer may direct,
state's security. Sec. 2. Be it further enacted, That before the public trea¬
surer shall make any loan as aforesaid, the said Wilmington,
Charlotte and Rutherford Railroad Company shall deliver to
the public treasurer the coupon bonds of said company, bear¬
ing the same interest and date, the principal and coupons pay¬
able at the same time and place as those of the State
hereinbefore directed to be issued and disposed of; and to se¬
cure the principal and interest of said bonds issued by the
Wilmington, Charlotte and Rutherford Railroad Company,
the State of North Carolina shall by this act have a lien upon
all the estate of said company, both real and personal, which
they may now have or may hereafter acquire between the town
of Wilmington and the terminus of said road at Rutherford-
ton, including that at both places, together with all the rights,
franchises and powers thereunto belonging, or in any wise ap¬
pertaining, or that may hereafter belong or appertain to said
company, which lien shall have preference over all other claims
whatever; and in case of failure of said company to pay the
semi-annual interest on said bonds for twenty-four calendar
months after such interest shall become due, or to pay the
principal of said bonds for twelve calendar months after their
maturity, the board of internal improvement, for and on behalf
of the State, may enter upon and take possession of all the
1860-61. Chap. 142.
175
property hereinbefore specified, and dispose of the same by
sale or otherwise, so as to protect the State.
Sec. 3. Be it further enacted, That any of the real or sale of compa-
personal estate of said company may be sold by the board of 8 property-
directors, the assent of the board of internal improvement
being first had and obtained for any such sale.
Sec. 4. Be it further enacted, To afford at all times a sure company may
and safe mode of investing any sinking fund it may establish, bon6d™lts
that it shall be competent for said company at any time to re¬
deem from the public treasurer any nurhber or portion of its
bonds, the same then being the property of the State, by
paying therefor the par value thereof, and if the bonds of this
State shall be below par, then by paying therefor the same
price that said State bonds may command in the leading mar¬
kets of the country, to be ascertained by the public treasurer.
Sec. 5. Be it further enacted, That said company may at New subscrip-
any time open books for new subscriptions to its capital stock,
and whenever the same may be deemed practicable, with any
means it may command, it shall have power to construct and
use a branch of its road from some point either in Anson or
Richmond county to the town of Salisbury; and the counties
through which the same may pass shall have power and au¬
thority to subscribe to the capital stock, pursuing the mode
prescribed in the charter of the company for the counties along
the main stem of the road : Provided, however, That no part
of the State loan shall be applied to the construction of said
branch, and if built by said company, the lien of the State
shall not extend thereto, nor to any part of the real or per¬
sonal estate connected therewith.
Sec. 6. Be it further enacted, That no person shall be ciraipetency of
held to be incompetent as a witness by reason of his being awltnesses-
stockholder in said company, but his interest shall be weighed
as affecting his credibility in all causes, whether in law or
equity.
Sec. 7. Be it further enacted, That this act shall be in
operation from and after its ratification, [jRatified the 16th
day of February, 1861.]
176
1860-61. Chap. 148-144.
Chap. 143. an act to repeal section 4, chapter 169, of the laws
of north carolina, passed at the session of 1858-59.
Repealing Section 1. Be it enacted by the General Assembly of North
Carolina, and it is hereby enacted by the authority of the same,
That section fourth, chapter 169, of the laws passed by the
General Assembly at the session of 1858-59, be, and the same
is hereby repealed.
Time of forfeit- Sec. [2.] Be it further enacted, That the forfeiture imposed
ure' in said section shall not be enforced, if the said railroad com¬
pany shall commence and complete the work mentioned in said
charter on or before the first day of January, 1866.
Powers. Sec. 3. Be it further enacted, That the said Petersburg
Railroad Company, be, and they are hereby authorized to
purchase of the Seaboard and Roanoke Railroad Company,
one-half the road and bridge of the latter, between Garysburg
and Weldon, with all the rights, privileges and franchises
attaching to the same, so far as relates to the part of said road
herein authorized to be purchased.
Sec. 4. Be it further enacted, That this act shall be in
force from its ratification. [Ratified the 23d day of Feb¬
ruary, 1861.]
RIYERS AND CREEKS.
Chap. 144. an act to prevent the felling of timber in or otherwise
obstructing the run of the north prong of belew's
creek, in forsythe county.
timber111 to fel1 ^ enac^ ty the General Assembly of the State of North
Carolina, and it is hereby enacted by the authority of the same,
That it shall not be lawful for any person to fell timber in or
otherwise obstruct the run of the North prong of Belew's creek,
in the county of Forsythe; and that any person knowingly or
wilfully offending against the provisions of this act, shall be
deemed and held guilty of a misdemeanor, and upon conviction
thereof before the county or superior court, shall be fined at
the discretion of the court. [Ratified the Ibth day of Feb¬
ruary, 1861.]
1860-'61. Chap. 145-146.
177
an act to prevent the felling of timber in certain Chap. 145.
streams in the county of iredell.
Section 1. Be it enacted by the General Assembly of the unlawful to feu
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That if any person shall hereafter fell
timber in the South Yadkin river, Snow creek, Big Rocky
creek, or otherwise obstruct the channels of said streams so as
to retard the flow of the water in said streams in the county of
Iredell, they shall be deemed guilty of a misdemeanor, and
may be indicted for the same in the county or superior courts
of law in said county, and, on conviction, shall be fined at the
discretion of the court.
Sec. 2. Be it further enacted, That this act shall be in force
from and after its ratification. [Ratified the flth day of Feb¬
ruary, 1861.]
an act to prevent obstacles in salmon creek. Chap. 146.
Section 1. Be it enacted by the General Assembly of tAc setting seines,
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it shall not be lawful for any person,
or persons to set, establish, keep or maintain any net, seine, or
other fishing tackle whatever in or across more than two-thirds
of the channel of Salmon creek from the mouth of the same
up to Mill Landing.
Sec. 2. Be it further enacted, That a span, equal to one-one-third of
third of the width thereof, shall be kept open by all persons kept open,
throughout the entire length of said creek, from its mouth to
Mill Landing, so as not to prevent the free passage of fish up
the same.
Sec. 3. Be it further enacted, That any person who shall penalty,
violate this act, shall be guilty of a misdemeanor, and punished
at the discretion of the county or superior court. [Ratified the
23d day of February, 1861.]
12
178
1860-'61. CHAP. 147.
Chap. 147. an act foe. the preventing of felling timber in the
streams of wickacon creek, bear swamp, stony creek
and ahoskie swamp, in the county of hertford.
Unlawful to fell Section 1. Be it enacted by the General Assembly of the
timber &c. ^
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That no person or persons shall be per¬
mitted to fell timber or otherwise obstruct the water in the
main run or runs, stream or streams of Wickacon creek, Bear
swamp, Stony creek or Ahoskie swamp, between Wickaeon
bridge and Bonner's bridge, in Hertford county,
penalty. Sec. 5. Be it further enacted, That any and all persons,
or servant or servants of any person or persons, who shall
knowingly and wilfully fell timber, or otherwise obstruct the
water in the mfin stream or streams of said creeks or swamps,
in the county of Hertford, and shall suffer and permit the
same to remain and continue therein for and during the term
of twenty days, shall be deemed guilty of a misdemeanor, and
if found guilty, shall be fined not less than ten dollars nor
more than twenty for the first offence, and for every subsequent
offence ten dollars, if a resident of said county, and if non¬
resident of said county, twenty dollars for every subsequent
offence, and said moneys to be appropriated as hereinafter
described.
Commissioners. Sec. 3. Be it further enacted, That Daniel Y. Sessonls,
Henry D. Slaughter, John Baker, James A. Riddick and
James Eley, be, and they are hereby appointed commissioners
for the purposes hereinafter named, that a majority of said
commissioners shall have power to elect one of their number
as chairman, and fill vacancies in the board.
To receive Sec. 4. Be it further enacted, That the moneys arising, if
penalties. ^ virtue of this act, shall be paid over to said commis¬
sioners, and by them expended to removing of timber or other
obstacles from and out of said stream, as the chairman may think
best: Provided, always, That in case a majority of said com¬
missioners shall think different, and they overrule said chairman
as to the place most needed, and manner of expending for the
free passage of the water.
Vacancies in Sec. 5. Be it further enacted, That in case the said com-
qommissioners. Jnissjoners shall fail or neglect to fill vacancies occasioned by
I860-CI. Chap. 147-148.
179
death or otherwise, then, and in that case, the court of pleas
and quarter sessions, five justices being present, shall, by appli¬
cation being made, appoint commissioners for the purposes
herein mentioned.
Sec. 6. Be it further enacted, That any person or persons Penalties for
violating this act, shall be deemed guilty of a misdemeanor
and therefor liable to be indicted : Provided, always, That [if J
the person or persons so offending or violating this act, shall
pay the sum or penalty, as herein mentioned, to the chairman
of said commissioners, before indicted, that then and in that
case the person or persons so offending shall not be deemed
guilty of a misdemeanor or therefor be liable to indictment.
Sec. 7. Be it further enacted, That nothing [in] this act proviso,
shall prevent raising the public roads or bridges of any kind
across said streams for the public good.
Sec. 8. Be it further enacted, That this act shall be in
force from and after the first day of April, one thousand eight
hundred and sixty-one. [Ratified the 20th day of February,
1861.]
ROADS.
AN ACT TO IMPROVE THE ROAD FROM JOHN ALLEN'S TO THE TOP Chap. 148.
OF THE BLUE RIDGE, AT OR NEAR FISHER'S GAP, IN THE
COUNTY OF SURRY.
Section 1. Be it enacted by the General Assembly of the $500appropria-
State of Forth Carolina, and it is hereby enacted by the au-ted'
thority of the same, That five hundred dollars be appropri¬
ated, out of any money in the public treasury not otherwise
appropriated, for the completion of said road.
Sec. 2. Be it f urther enacted, That John Ramsey, John commissioners.
Allen, Elijah Thompson and Jackson Low are hereby appointed
commissioners to superintend said work, and that when they
shall report to the public treasurer of this State that five hun¬
dred dollars in work has been expended on said road in addition
to what has been expended for work already done, under their
hands and seal, it shall become the duty of the said treasurer
to pay over to them the sum of five hundred dollars, for
180
1860-'61. Chap. 148-149.
Commissioners which sum he shall he allowed in his settlement of public
to report. accounts.
Sec. 3. Be it further enacted, That it shall be the duty of
the said commissioners to report to the committee of finance
of said county of Surry how and where such money has been
expended, and upon a settlement with said committee of
finance, shall be entitled to a receipt for the satpe, otherwise
shall be liable to the chairman of the county court in a suit of
damage for the same, to be tried and determined by said court.
Sec. 4. Be it further enacted, That this act shall be in
force from and after the date of its ratification. [Ratified the
23rd day of February, 1861.]
Chap. 149. an act to lay off, locate and establish a koad from the
town of statesville, in the county of iredell, to the
town of wilkesboro', in the county of wilkes.
commissioners. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Calvin Cowles and Sidney Stokes,
of Ihe county of Wilkes, and Steptoe Brunet, in the county
of Alexander, and A. W. Jamieson and John Davidson, be
appointed commissioners, and they, or any three of them, shall
survey and locate and establish a public road leading from the
town of Statesville, in the county of Iredell, the nearest and
most direct practicable route, to the town of Wilkesboro', in
the county of Wilkes, and they shall locate and designate said
To assess dam- road by stakes and marks; and they shall assess to the owners
8663 of lands over which said road may be established such dam¬
age as they may sustain thereby; and they shall make a plat
of the route of said road, and a particular and accurate de¬
scription thereof, and an accurate statement of the damages
assessed to each landholder, all of which shall be in writing,
signed and sealed, and reported to the ensuing courts of the
said counties, and when confirmed by the said county court,
said assessments shall be claims against the counties in which
the land lies, to [be] paid as other county claims ; and the county
courts in each county through which said road passes shall ap¬
point the hands to open and make said road, and appoint the
1860-61. Chap. 149-150.
181
necessary overseer, and orders to carry the provisions of this
act into effect.
Sec. 2. Be it further enacted, That said commissioners grade,
shall locate said road so that no part thereof shall have an
ascent of more than one foot vertical to sixteen feet horizontal,
and shall take an oath before some justice of the peace to per¬
form the duties herein required of them faithfully, impartially
and to the best of their skill and ability.
Sec. 3. Be it further enacted, That this aqi shall be in
force from and after its ratification. [Ratified the 22d day
of February, 1861.]
an act to improve the public road prom taylorsville Chap. 150.
to boon, by way op russell's gap and holdman's pord.
Section 1. Be it enacted by the G-eneral Assembly of the commissioners.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That R. L. Steel, A. M. Foster, Lindza
Triplett, John Cook, Jacob Council and William Green, of Wa¬
tauga county, be, and they are hereby appointed commission¬
ers to view, lay off, alter and amend that part of the public
road leading from Taylorsville, Alexander county, to Boon,
Watauga county, by way of Russel's Gap and Holdman's Ford,
as lies between Taylorsville and Boon, in the cpunty of
Watauga.
Sec. 2. Be it further enacted, That for the purpose of$3 ,000 appropri-
effecting said alterations and amendments, the sum of three
thousand dollars is hereby appropriated, to be paid by the
public treasurer to the said R. L. Steel, A. M. Foster, Lindza
Triplett, John Cook, Jacob Council and William Green, out of
any moneys remaining in the public treasury not otherwise ap¬
propriated, to be paid as follows : when individuals or counties
shall have subscribed and paid, either in money or labor, the When paid,
sum of five hundred dollars towards the construction of said
road, and the same shall be certified to the public treasurer by
said commissioners, then the public treasurer shall pay over to
said commissioners the sum of one thousand dollars; and when
an additional sum of five hundred dollars shall have been sub¬
scribed and paid by individuals or counties, and the same shall
182
1860-61 Chap. 150.
Contracts.
In case appro¬
priation not
sufficient.
Pay of commis¬
sioners.
Oath of com¬
missioners.
be in like manner certified to the public treasurer, tbe public
treasurer shall pay to said commissioners the sum of one thou¬
sand dollars ; and when the further sum of five hundred dollars
shall be paid to said commissioners by individuals and by
counties, arid the same shall be in like manner certified to the
public treasurer, the public treasurer shall pay to said commis¬
sioners the further sum of one thousand dollars.
Sec. 3. Be it further enacted, That it shall be the duty of
the commissioners aforesaid to let to contract so much of said
road as the sum hereby appropriated will construct, and shall
make report in writing to the county court of Watauga county
a full and perfect statement of the amendments and altera¬
tions proposed by them, and the manner in which the money
appropriated had been expended.
Sec. 4. Be it further enacted, That in the event the sum
hereby appropriated shall not be sufficient to complete [the]
amendment and alterations proposed, it shall be lawful for the
county [court] courts of Wilkes and Alexander counties to [ap¬
point] overseers and allot hands within their respective coun¬
ties, to complete said road as laid off, altered and amended by
the commission6rs aforesaid; and in case of failure to work
upon said road, the hands so failing or refusing to work shall
be subject to the same liabilities, penalties and forfeitures as
are now imposed by law upon hands for failure to work [upon]
public roads in this State.
Sec. 5. Be it further enacted, That the commissioners
aforesaid shall receive as compensation for the performance
of the duties imposed by this act not exceeding two dollars
per day for the time employed, to be allowed by the county
courts of Wilkes and Alexander [and] Watauga counties out
of the county funds.
Sec. 6. Be it further enacted, That the said commission¬
ers, before entering upon the duties herein imposed, shall take
an oath before some justice of the peace for Wilkes, Alexan¬
der and Watauga county for the faithful performance of their
duties, and shall execute a bond, payable to the State of North
Carolina, in the sum of ten thousand dollars, conditioned for
the proper application of the money appropriated by this act,
"Which bond shall be approved by the county courts of Wilkes
and Watauga, and deposited with [the] clerk of said court,
1860-61. Chap. 150-151.
188
"which bond, in case of breach of the conditions of th£ sajpe,
may be sued upon and recovery had thereon by the county so¬
licitor for said county, and any sum so recovered shall be ap¬
plied, under the direction of said court, to the construction
and improvement of the road aforesaid.
Sec. 7. Be it further enacted, That any county through counties may
which said road passes may subscribe [to] the same through
their county courts, which subscription shall only be made
when a majority of the justices of the peace are present.
Sec. 8. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 25th day
of February, 1861.]
SHERIFFS.
an act to authorize and empower james h. allen, late Chap. 151.
sheriff of brunswick county, to collect arrears of
taxes due said sheriff from and after the first day
of october, a. d. 1858.
Section 1. Be it enacted by the General Assembly of the Authorized to
State of North Carolina, and it is hereby enacted by the au-c° e° arrears"
thority of the same, That James H. Allen, late sheriff of
Brunswick county, be, and he is hereby authorized and em¬
powered to collect arrears of taxes due him from and after the
first day of October, 1858, as sheriff aforesaid, which collec¬
tion shall be made under the same rules, regulations and
restrictions as other collections of taxes by virtue of the laAvs
of this State, and he shall be invested with the same power
and authority for that purpose which is vested in sheriffs by
the laws of this State: Provided, That the authority by this Proviso,
act granted shall not extend to persons who will voluntarily
swear before any justice of the peace for said county that he
or she verily believes that the arrears of taxes claimed from
him or her have been paid.
Sec. 2. Be it further enacted, That the power and author-Powers limited
ity hereby granted shall cease and determine with the year
1861, except as to such legal proceedings as may then be
pending by virtue of this act.
184
1860—'61. Chap. 151-152-158.
Sec. *3. Be it further enacted, That this act shall take effect
and be in force from and after its ratification. [Ratified the
18th day of February, 1861.]
Chap. 152. an act to authorize and empower samuel brooks, late
sherife oe hyde county, to collect arrears of taxes
due him the year 1855.
Authorized to
collect arrears.
Proviso.
Act terminates
with 1861.
/
Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Samuel Brooks, late sheriff of the
county of Hyde, be, and is hereby authorized and empowered
to collect all arrears of taxes due him for the year 1855, which,
collection shall be made under the same rules, regulations and
restrictions as other collection of taxes are by virtue of the
laws of the State: Provided, That the authority by this act
granted shall not extend to executors or administrators, nor to
any person who will voluntarily swear before any justice of the
peace for said county that he or she verily believes that the
arrears of taxes claimed from him or her have been paid.
Sec. 2. Be it further enacted, That the power and au¬
thority hereby granted shall cease and terminate with the year
1861.
Sec. 8. Be it further enacted, That this'act shall take
effect and be in force from and after its ratification. [Ratified
the 22d day of February, 1861.]
Chap. 153.ACT t0 authorize the sureties of george w. glass,
late sheriff of m'dowell county, to collect arrears
of taxes.
sureties to coi- Section 1. Beit enacted by the General Assembly of the
lect arrears. Btate of North Carolina and it is hereby enacted by the au¬
thority of the same, That the sureties of George W. Glass,
late sheriff of the* county of McDowell, who absconded from
the State, and was duly removed from his office, be, and they
are hereby empowered to collect from delinquent tax-payers
all arrearages of taxes due from them for the years 1857,
18G0-61. Chap. 153-154.
185
1858 and 1859, as appears from the tax duplicates of said county
for those years, and that said sureties, or any one of them, in
behalf of himself and his co-sureties, may use all such means,
in law or equity, for the collection of said arrearages of taxes,
as said sheriff could use in person by virtue of a like act in
his favor : Provided, That nothing in this act contained shall Proviso,
apply to the estates of deceased persons whose estates have
been settled by the executors or administrators, or to any
person who shall make oath that the taxes claimed have
been paid.
Sec. 2. Be it further enacted, That this act he in force
from and after its ratification. [Ratified the 18th day of Feb¬
ruary, 1861.]
an act to authorize and empower edward d. hall, late Chap. 154.
sherife oe new hanover county to collect arrears oe
taxes.
Section 1. Be it enacted by the G-eneral Assembly of the Authorized to
* as collect arrears.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Edward D. Hall, late sheriff of New
Hanover cdranty,' be, and he is hereby authorized and em¬
powered to collect all arrears of taxes due him since the first
day of October, 1856, as sheriff aforesaid, which collections
shall be made under the same rules, regulations and restric¬
tions as other collection of taxes by virtue of the laws of this
State; and he shall be invested with the same power and
authority for that purpose which is invested in a sheriff by the
laws of this State: Provided, That the authority by this act proviso,
granted, shall not extend to any person who will voluntarily
swear, before any justice of the peace for New Hanover county,
that he or she believes that the arrears of taxes claimed from
him or her have been paid, nor to the estates of deceased per¬
sons settled by executors or administrators.
Sec. 2. Be it further enacted, That the power and author¬
ity hereby granted shall cease and determine with the year
1861, except as to such legal proceedings as may then be pend¬
ing by virtue of this act.
Sec. 3. Be it further enacted, That this act shall be in
186
1860-61. Chap. 154-155-156.
force from and after its ratification. [Ratified the 23d day of
February, 1861.]
Chap. 155. an act to authorize and empower the sureties op wm.
pollock, late sheriff of the county of jones, to collect
arrearages of taxes.
Authorized to Section 1. Be it enacted by the Creneral Assembly of the
collect arrears. n -n-r 7 ~ ,. , . . , T 7
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the sureties of William Pollock, who
was recently sheriff of the county of Jones, and who has by
process of law been removed from his office, shall have and
exercise the power and privilege to collect all delinquent tax
payers, who have not settled their taxes for the years of '55
and '56 and '57, as now appears on the tax books of said
Proviso. county: Provided, That nothing herein contained shall apply
to the estates of deceased persons, whose estates have been
settled by the executors or administrators, or to any persons
who shall make oath that the taxes so claimed have been paid.
Sec. 2. Be it farther enacted, That it shall be lawful for
said sureties, or a majority of them, to have full power to
use the same means in law and equity, for the enforcement of
said collections of taxes as the sheriff of said county may
do, or as sureties to official bonds may under other circum¬
stances do.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the — day of
January, 1861.]
Chap. 156. an act in fayor of j. tapscott, late sheriff of the
county of alamance.
Authorized to Section 1. Be it enacted by the Gfeneral Assembly of the
collect arrears. North Carolina, and it is herbby enacted by the au¬
thority of the same, That John Tapscott, W. S. Wassor, John
Olive, W. H. Collum, G. W. Crumpler, R. B. Paschal, W. W.
Long, W. R. Young, J. M. Green, H. J. Jones, S. T. Bostic,
Hiram Hunter, Joseph Lusk, Charles Latham, Joseph Cline,
1860-61. Chap. 156-157.
187
Lewis "Williamson, E. C. Grier, E. D. Hampton, N. W. Cooper,
E. D. Davis, John Martin, W. H. High, James S. Snow, W.
B. Crumpler, M. S. E. Read, A. C. Latham and W. Haymore,
"be, and they are hereby authorized to collect the arrears of
taxes due them : Provided, Nothing herein contained shall be Proviso,
construed to extend to executors or administrators, or to any
persons who will voluntarily swear that he, she or they have
paid the same: Provided, further, That the privilege herein
granted shall only extend to taxes due within khree years next
before the first day of October, 1860.
Sec. 2. Be it further enacted, That the provisions con- ^tend°to3
tained in the foregoing sections, be, and they are herebyothers-
extended to all other sheriffs in the State of North Carolina,
and to all sheriffs who have gone out of office within ihree
years next before the first day of October, 1860, and to the
sureties of all such sheriffs as may have died or absconded or
become insane within the same time. \_Batified the 23d day
of February, 1861.]
an act for the relief of the sureties of wm. w. ward, Chap. 157.
late sheriff of martin county.
Section 1. Be it enacted by the Ceneral Assembly of the Authorized to
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the sureties of William W. Ward,
late sheriff of Martin county, on his bonds executed in October,
1858 and October, 1859, be, and they are hereby empowered
to collect from delinquent tax payers all arrearages of taxes
due from them for the year 1858 and 1859; and for that pur¬
pose the said sureties, or a majority of them, may appoint
collectors, and shall have all the powers and means for the
collection of said arrearages of taxes as said sheriff" could use
in person by virtue of a like act in his favor: Provided, That Proviso,
nothing in this act contained shall apply to the estates, of
deceased persons, whose estates have been settled by executors
or administrators, or any persons who shall make oath that the
taxes claimed have been paid.
Sec. 2. Be it further enacted, That this act shall be in
188
1860—*61. Chap. 157-158-159.
force from and after its ratification. {Ratified the — day of
January, 1861.]
Chap. 158. an act to authorize and empower Washington Harris,
late sheriff of franklin county, to collect arrears of
taxes due him.
Authorized to Section 1. Be it enacted by the Creneral Assembly of the
collect arrears. ' ^ ° _ ?
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Washington Harris, late sheriff of
Franklin county, be, and he is hereby authorized and em¬
powered to collect all arrears of taxes due him since the first day
October, 1856, as sheriff aforesaid, which collection shall he
made under the same rules, regulations and restrictions as
other collections of taxes by virtue of the laws of this State:
Proviso. Provided, That the authority by this act granted shall not
extend to any person or persons who will voluntarily swear
before any justice of the peace for said county, that he or she
verily believes that the arrears of taxes claimed from him or
her have been paid,
when act to Sec. 2. Be it further enacted, That the power and author-
cease' ity herein granted, shall cease and determine with the year
1861, except as to such legal proceedings as may then be pend¬
ing by virtue of this act.
Sec. 3. Be it further enacted, That this act shall take effect
and be in force from and after it3 ratification. [.Ratified the
25th day of February, 1861.
STEAM-PACKET COMPANIES.
Chap. 159. an act to incorporate the albermarle steam packet
company.
Body corporate. Section 1. Be it enacted by the Creneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Edward Wood, John H. Leary,
Richard Paxton, Henry A. Bond, John Thompson, John Bond,
Joseph Norcom, Thomas W. Hudgins, Robert R. Eelton, Peter
1860-61.——CHAP. 159.
189
F. "White, John M. Jones, Joseph S. Jones, John Hall, John
T. Mebane, James M. Sumner, Benjamin S. Skiner, John
Skiner, James M. Whedbee, Hiram Freeman, John A. Ander¬
son, James L. Anderson, Jackson B. Hare, Daniel Valentine,
R. H. Shields, and such other persons as are now associated
with them, or as hereafter may be associated with them, their
successors and assigns, shall be, and are hereby created, con¬
stituted and declared a body corporate and politic, by the name
of " The Albermarle Steam Packet Company," and by that Powers,
name shall be in law capable of suing and being sued, pleading
and being impleaded, shall have a common seal, and be invested
with all the rights and privileges, and be subject to all the
regulations and restrictions contained in the 26th chapter of
the Revised Code, so far as the same are applicable to such a
corporation, and are not inconsistent with the provisions of
this act.
Sec. 2. Be it further enacted, That the capital stock of said capital stock
company shall consist of sixty thousand dollars, with the priv¬
ilege of increasing the same to one hundred and fifty thousand
dollars, divided into shares of one thousand dollars each.
Sec. 3. Be it further enacted, That the said company may, powers,
in addition to the steamboat now in course of construction,
build such other steamers as the wants of the company may
require from time to time, employ them in conveying passengers
and freight in any of the waters of North Carolina and Vir¬
ginia, as may appear expedient for the interest and well being
of the company.
Sec. 4. Be it further enacted, That the said company Powers,
shall have power to hold, possess, acquire and enjoy such real
and personal estate as may be necessary for the transaction of
its business, and from time to time to make all necessary rules,
regulations and by-laws for the government and direction of
the concerns thereof, not inconsistent with the constitution and
by-laws of the State and of the United States, and said com¬
pany shall have corporate existence for thirty years.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 20th day
of February, 1861.]
19a
1860-'61 CHAP. 160-161.
TOWNS.
Chap. 160. AN ACT TO HE-ENACT AND AMEND AN ACT OE 1854 AND '55, EN¬
TITLED " AN ACT TO EXTEND THE LIMITS Of1 THE TOWN OP
ASHEBORO," AND REPEAL ALL PORMEE ACTS OP INCORPO¬
RATION.
Revives and Section 1. Be it enacted by the General Assembly of the
amends former 0f North Carolina, and it is hereby enacted by the au¬
thority of the same, That the aforesaid act be, and the same is
hereby revived and re-enacted, excepting the second section
thereof, which is hereby amended by striking out " 1855"
and inserting "1861."
Licenses. Sec. 2. Be it further enacted, That the county court of
Randolph county shall not grant a license to any person to
retail spirituous liquors, by a measure less than a quart, within
the corporate limits of said town, unless such person shall first
have presented to the court a recommendation, in writing,
signed by a majority of the acting commissioners of said
town, and requesting said court to grant a license to such
person. \_Batified the 2Qth day of February, 1361/]
Chap. 161. an act to incorporate the town of boon hill, in johnston
county.
Boundaries. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a town is established in the county of
Johnston, by the name of Boon Hill, and the corporate limits
of said town are hereby declared to be as follows, viz: begin¬
ning at a stake in W. Edwards' field known as the Town place,
and running thence north 32°, east three hundred and twenty
rods, to a stake on the land of D. H. Whittly, dec'd; thence
north 58°, west three hundred and twenty rods, to a stake on
the same tract of land; thence south 32°, west three hundred
and twenty rods, to a stake on Willie Hastings' land, near the
Tarboro' road; thence south 58°, east to the beginning.
Trustees. Sec. 2. Be it further enacted, That the government of
said town of Boon Hill shall be vested in the following named
1860-61. Chap. 161-162.
191
persons, and their successors in office, viz: Willie Hastings,
James Hay, F. T. Phillips, K. B. Whittly and N. L. Whittly.
Sec. 3. Be it further enacted, That the commissioners and commissioners
their successors in office, appointed agreeably to the directions & ° ypolltie"
of this act, shall be, and they are hereby incorporated into a
body corporate, by the name of the " Commissioners of the
town of Boon Hill," and by that name shall have succession
and a common seal, with all the rights, powers and privileges
granted to or invested in corporations by virtue of chapter 111
of the Revised Code of North Carolina.
Sec. 4. Be it further enacted, That no persons shall retail Licenses,
spirituous liquors within the corporate limits of said town.
Any person violating this act shall be guilty of a misdemeanor,
and, on conviction, shall pay a fine of twenty dollars for each
and every offence.
Sec. 5. Be it further enacted, That an election shall be Elections,
held in each and every year on the first Monday in January,
by the inhabitants of said town qualified to vote for members
of the House of Commons, for five commissioners, who shall
hold their office for one year, or until their successors are
appointed.
Sec. 6. Be it further enacted, That the commissioners
appointed under this act shall be and continue to act as such
until their successors are appointed. [Ratified the day
of February, 1861.]
an act to repeal an act entitled " an act to incorporate Chap. 162.
teie town of morganton, in burke county," and to in¬
corporate said town of iforganton under the law for
the better government of towns.
Section 1. Be it enacted by the General Assembly of the Repeals act of
State of North Carolina, and it is hereby enacted by the aw- 1838-'9'
thority of the same, That an act entitled "An act to incorpo¬
rate the town of Morganton, in Burke county," passed at the
session of 1838-'39, be, and the same is hereby repealed.
Sec. 2. Be it further enacted, That the town of Morgan- Body
ton, in Burke county, be, and the same is hereby created a
body politic, with full authority to use and exercise all thu cor-
192
1860-61. Chap. 162-163-164.
porate powers and privileges granted to incorporated towns
by the 111th chapter of the Revised Code, entitled Towns, and
may elect such officers and manage the affairs of the corpora¬
tion in such manner as the law prescribes for the better gov¬
ernment of said town.
Licenses. Sec. 3. Be it further enacted, That the county court of
Burke county shall not have the power to grant or issue
a license to any person or persons to retail spirituous liquors
and wines within the corporate limits of said town of Morgan-
ton without he or they shall first obtain a recommendation from
the board of commissioners. [Ratified the 25th day of Feb¬
ruary., 1861.]
Chap. 163. an act to amend an act entitled " an act to incorporate
the town op edenton."
Repeals part of Section 1. Be it enacted by the Greneral Assembly of the
act of 1854-5. 0p North Carolina, and it is hereby enacted by the au¬
thority of the same, That the twenty-ninth section of the act
of incorporation of the town of Edenton, and the act amend¬
ing the same, passed at the session of the General Assembly
of 1854-'55, be, and the same are hereby repealed.
Authorizes sale Sec. 2. Be it further enacted, That the commissioners of
said town shall have power to dispose of, by sale or otherwise,
that portion of the town commons lying west of Main street,
and to let out that portion of saqi commons lying east of said
street, for a period not exceeding five years. [Ratified the
20th day of February, 1861.]
Chap. 164. an act to amend an act entitled " an act for the gov¬
ernment of elizabeth city, in the county of pasquo¬
tank," passed at the session of the general assembly
of north carolina, december 25th, 1852.
Amendment. Section 1. Be it enacted by the (general Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That after the words " town taxes," in
the first section of the above recited act, shall be inserted the
1860-61. Chap. 164.
193
following, to wit: " and who shall have resided in said town
for six months immediately preceding, and on the day of elec¬
tion, and shall have registered their names for taxation with
the clerk of the corporation of Elizabeth City, in a book to be
kept by him for that purpose, on or before the first day of
July in each year; and all residents of said town who have
no taxable property within said town to list, and are above the
age of forty-five years, shall also be required to register their
names as residents of said town before the aforesaid first day
of July of each year, to entitle them to vote at said election
for mayor and commissioners." ..
Sec. 2. Be it further enacted, That after the words " he Amendment,
shall receive for his services from the town treasurer," in sec¬
tion six of said act, shall be inserted the following : " the sum
of two hundred dollars, and the fees of his office, as defined
by section twenty of said act."
Sec. 3. Be it further enacted, That in section nine in said Amendment,
act, the words, " and shall post at the courthouse door in said
town," are hereby repealed; and further, that after the words,
" he shall receive a salary," shall [be] inserted the following,
to wit: "of one hundred dollars;" and all after that in said
section is hereafter repealed.
Sec. 4. Be it further enacted, That the words, " the mem-Amendment,
bers of all the fire companies shall be exempt from the poll
tax of the town," in section eleventh of said act, be, and the
same are hereby repealed.
Sec. 5. Be it further enacted, That in section twelve of Amendment,
said act, the words " five thousand dollars" are hereby in¬
serted in the lieu of the words " three thousand dollars," other
[after the] words "he shall receive for his services;" and all
after in said section are hereby repealed, and the following
clause inserted in lieu thereof, to wit: " he shall receive for
his services a salary of fifty dollars."
Sec. 6. Be it further enacted, That after the words "new amendment,
streets in said town," in section fourteenth of said act, are
hereby inserted the following, to wit: " and widen and impose
[improve] old ones."
Sec. 7. Be it further enacted, That the eighteenth section Amendment,
of said act, which was heretofore, is hereby re-enacted to be
13
194
1S60-'61. CHAP. 164.
as fully and absolutely a part of said act as' though the same
had never been repealed.
Duty of mayor, Sec. 8. Be it further enacted, That it shall be the duty of
the mayor and clerk of said corporation respectively to deliver
to their successors in office all books and papers pertaining to
their respective offices, and belonging to said corporation,
within ten days after the qualification of their successors,
Penalty. under a penalty of one thousand dollars, to be recovered in
the name of the corporation, and applied to its use.
repealing Sec. 9. Be it further enacted, That the act of assembly
entitled " An act concerning hogs running in the streets of
Elizabeth City, in the county of Pasquotank," ratified Febru¬
ary 3rd, 1855, and the act entitled " An act to repeal the
18th section, and part of the 11th section of the act entitled
1 An for the improvement of Elizabeth City, in the county of
Pasquotank,' " passed at the session of 1852—'53, said last act
ratified November 29th, 1854, be, and the same are hereby
repealed.
Hogs running Sec. 10. Be it further enacted, tfc., That it shall [not] be
lawful for any person or persons to permit their bogs or hog
to run at large in any of the streets, lanes or uninclosed parts
of the town of Elizabeth City, and it shall be the duty of the
constable of the corporation of Elizabeth City to take up and
confine all hogs found running at large as aforesaid, and after
advertising the same for sale for three days, to sell the said
hogs to the highest bidder, for cash, and out of the proceeds
of sale retain one dollar for each hog so taken up, advertised
and sold, and the surplus, if any, pay to the owner of said
Proviso. hogs ; Provided, nevertheless, That the said owner may redeem
the hogs so taken up upon paying the constable fifty cents for
taking up the same, and sixteen and two-third cents per day
for keeping each of the said hogs.
Sec. 11. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 20th day
February, 1861.]
1860—'61. Chap. 165.
195
AN ACT TO INCORPORATE THE TOWN OF ENFIELD. Chap. 165.
Section 1. Be it enacted by the G-eneral Assembly of the commissioners.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Henry Joyner, D. B. Bell, William
W. Taylor, T. L. Whibaker, Benjamin F, Whibaker, and their
successors in office, are hereby appointed commissioners for the
town of Enfield, in the county of Halifax; and the said com¬
missioners, and their successors, are hereby incorporated into
a body corporate und politic, by the name of the " Commis¬
sioners for the town of Enfield," and by that name are and
shall be invested with all the rights, power and privileges, and Powers,
shall be subject to all the duties which are specified and pre¬
scribed in the 111th chapter of the Revised Code of North
Carolina, entitled " Towns."
Sec. 2. Be it further enacted, That the corporate limits of Boundaries,
the town of Enfield shall be included in the following bounda¬
ries, viz: they shall extend for the distance of an half mile
each way from the Wilmington and Weldon railroad ticket
office, in said town, and down said railroad, and they shall
extend six hundred yards on each side of said railroad, inclu¬
ding a rectangle parallelogram one mile in length and twelve
hundred yards in width, with the said ticket office in the centre
thereof; and within those limits the said commissioners, and
their successors, shall have jurisdiction.
Sec. 3. Be it further enacted, That it shall not be lawful Licenses,
for the court of pleas and quarter sessions, for the county of
Halifax, to grant license to any person to retail spirituous
liquors within the corporate limits of Enfield, without his
having a recommendation, in writing, from the commissioners
of said town to that effect, and any license granted without
such recommendation shall be void.
Sec. 4. Be it further enacted, That this act shall take
effect from its ratification. [Ratified the 20th day of Febru¬
ary, 1861.]
196
1860-'61. Chap. 166.
Chap. 166. an act to repeal an act, entitled "an act to incorpo¬
rate the town of franklin, in macon county, and to
incorporate said town of franklin under the law
for the better government of towns.
Repeals act of Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That an act, entitled " An act to incorpo¬
rate the town of Franklin," ratified the 10th day of February,
1855, be, and the same is hereby repealed.
Body politic. Sec. 2. Be it further enacted, That the town of Franklin,
in Macon county, be, and the same is hereby created a body
politic, with full authority to use and exercise all the corporate
powers and privileges granted to incorporated towns by the
one hundred and eleventh chapter of the Revised Code, enti¬
tled " Towns," and may elect such officers and manage the
affairs of the corporation in such manner as the law prescribes
for the better government of the said town.
Elections. Sec.-3. Be it further enacted, That the sixth section of
the twenty-ninth chapter of the Revised Code, in its applica¬
tion to the corporation of the town of Franklin, in the county
of Macon, shall be altered, amended and modified as follows,
that is to say: there shall be an election held at the court-
Licenses. house in the town of Franklin, on the first Thursday in June
next, and on the same day in each and every year thereafter,
for the purpose of determining whether spirituous liquors shall
be sold by the wholesale or retail within the corporate limits of
the said town.
Voters. Sec. 4. Be it further enacted, That at the election afore¬
said in each and every year so held at the courthouse afore¬
said, every person qualified to vote in the general State
elections, residing within the limits of said corporation, shall
be entitled to vote upon said question, which said voting shall
be in manner and form as follows : Each voter shall deliver to
the judges, appointed to hold said elections,«a scroll of paper,
upon which shall be inscribed the words " License" or " No
license," which scroll shall be received by the judges of said
election, and put into a box prepared for that purpose, in the
manner and under the regulations prescribed for voting in the
elections of members to the State legislature; the said judges
1860-61. Chap. 166.
197
causing each voter's name to be recorded by the clerks ap¬
pointed for that purpose as he shall deliver in his vote, and
when all the qualified toters present shall have delivered their
votes, the said judges shall proceed to examine and count the
whole number of votes polled, and the judges, under their
hands and seals, shall certify to the next county court of pleas
and quarter sessions of said county whether a majority of the
said voters [votes] were given for license or no license.
Sec. 5. Be it further enacted, That when it shall be certi- Result of eiec-
fied by the judges aforesaid to the said court, that a majority
of the votes thus cast were inscribed " no license," it shall not
be lawful for the magistrates of said county to grant to any
person or persons a license to retail spirituous liquors within
the limits aforesaid; and any magistrate or magistrates voting
in the said court to grant such license within the limits of said
corporation, shall be liable to be indicted for a misdemeanor in
office; nor shall it be lawful for any person or persons to sell,
under any pretence or pretences whatsoever, within the limit3
of said corporation, either with or without a license, spirituous
liquors in any quantity, either by the wholesale or retail,
except for medical purposes, within one year after such certifi¬
cate has been returned as aforesaid; and if any person or
persons shall knowingly violate the provisions of this section,
such person shall be subject to be indicted and fined, at the
discretion of the court.
Sec. 6. Be it further enacted, That at the court of pleas Judges,
and quarter sessions, which shall be held for the said county
on the second Monday in March next, at the courthouse in
the town of Franklin, and at the same court in each and every
year thereafter, the justices of said court shall appoint three
competent persons as judges, residents of the said town of
Franklin, who shall hold said election at the courthouse afore¬
said, at the time hereinbefore specified, and make return to
said county court as above provided for; and any person, so
appointed as a judge, who shall fail or refuse to discharge such
duty, or who shall act partially or corruptly in the discharge
of the same, shall be subject to be indicted for a misdemeanor,
and be fined at the discretion of the court.
Sec. 7. Be it further enacted, That it shall be the duty of duty of clerk,
the clerk of the county court, within five days after the ad-
198
1860-61. Chap. 166-167.
journment of said court, to issue written notices to the several
persons appointed judges as aforesaid, notifying them of their
said appointment, which shall be delivered instanter* to the
sheriff of said county, and by him forthwith served upon the
respective persons to whom they are addressed; and such
sheriff, for each and every failure to serve such notices, or
make due returns thereon, within ten days after the same
have been delivered to him, shall be subject to indictment, and
to be fined at the discretion of the court: Provided, That
when a majority of the votes cast at said election shall be in¬
scribed " license," this act shall not in any wise apply for and
during the year next ensuing such election.
Sec. 8. Be it further enacted, That all laws and clauses of
laws, coming within the meaning and purview of this act, be,
and the same are hereby repealed.
Sec. 9. Be it further enacted, That this act shall be in
force from and after its ratification, and continue for sixty
years. [Ratified the 23d day of February, 1861.]
Chap. 167. an act to authorize the commissioners of the town of
hertford to sell town lots, ac.
Authority Be it enacted by the General Assembly of the State of North
given. Carolina, and it is hereby enacted by the authority of the
same% That the commissioners of the town of Hertford be, and
they are hereby authorized to sell the town lots numbered one
hundred and two and one hundred and nineteen, at public
auction, upon such credit as they may deem proper, (after
giving due notice of the time and place of said sale,) and the
proceeds thereof they shall pay [to] the trustees of the Hert¬
ford Academy for the purpose of enabling said trustees, first,
to purchase two other town lots adjacent to the academy
grounds, and, secondly, to repair or improve said Academy
buildings as they may deem proper. [Ratihed the 18t/i dau
of February, 1861.]
1860—'61. Chap. 168-169.
199
an act to extend the limits of the town of lexington. Chap. 168.
Section 1. Be it enacted by the Gleneral Assembly of the Limits.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the commissioners of the town of
Lexington are hereby authorized to extend the limits of said
town, from the cross street opposite the courthouse south-west
two-thirds of a mile, north-east one-third of a mile, north-west
and south-east one-fourth of a mile each way.
Sec. 2, Be it further enacted, That the commissioners shall survey,
cause the boundaries to be surveyed, and a copy of said sur¬
vey filed in the office of the clerk of thq county court of
Davidson, and recorded among the minutes of said court.
Sec. 3. Be it further enacted, That this act shall be in
force frOm and after its ratification. [Ratified the 23d day of
February, 1861.]
an act to amend an act to incorporate the town of Qhap. 169.
lincolnton, passed at raleigh, in the year 1852,
chapter 209.
Section 1. Be it enacted by the Ceneral Assembly of the power of taxa-
State of North Carolina, and it is hereby enacted by the au-tl0B'
thority of the same, That the commissioners of said town shall
have power annually to levy and cause to be collected, in the
manner prescribed in said charter, the following taxes, that is
to say: (1) on every public billiard table, a tax not exceeding
twenty-five dollars; (2) on every bowling alley, whether called
a nine or ten pin alley, a tax not exceeding fifteen dollars;
(3) on all lectures for reward, (unless the reward be for a
charitable purpose,) a tax not exceeding five dollars; (4) on
all Daguerrean artists or picture takers of any sort, a tax not
exceeding ten dollars; (5) on all riding or pleasure vehicles
in use during the year, of the value of fifty dollars and up¬
wards, a tax of one per cent.; (6) on all gold watches usually
worn during the year, (except those worn by ladies,) a tax
not exceeding one dollar; (7) on all silver watches usually
worn, a tax not exceeding fifty cents; (8) on all pianos in use,
(except those in schools,) a tax not exceeding one dollar;
200
1800-'61. CHAP. 169-170.
(9) on all pistols, if used at any time during the year, a tax
not exceeding one dollar ; (10) on all dirks, Bowie knives, or
sword canes, if worn about the person, a tax not exceeding
two dollars; (11) on every merchant, merchant tailor, jeweler,
grocer and commission merchant, who shall sell goods, wares
and merchandise, a tax not exceeding fifty dollars; (12) on
every auctioneer on all goods, wares and merchandise placed
in Vs hands by a merchant resident in the corporation, a tax
of one per cent, on the amount sold by him, and if by itiner¬
ant traders, or such as are not resident of said town, five per
cent, on the sales made by him; (13) on each and every pack
of playing cards sold during the year, a tax not exceeding
twenty cents; (14) on all livery stables, a tax not exceeding
ten dollars; (15) on all persons, not residents of the corpora¬
tion, engaged in putting up lightning rods, a tax not exceeding
ten dollars ; (16) on all public drays, carts, wagons and omni-
busses, a tax not exceeding ten dollars; (17) on all resident
practicing lawyers, physicians and dentists, a tax not exceed¬
ing five dollars; (18) on all county officers, whose fees shall
exceed three hundred dollars, a tax not exceeding five dollars;
(19) on every stud horse or jackass let to mares, a tax not
exceeding twenty dollars.
Licenses. Sec. 2. Be it further enacted, That no person shall sell
spirituous liquors within the corporate limits of said town in a
less quantity than one quart. But that any person applying,
may have a license to -sell spirituous liquors by the small
measure, a majority of the qualified voters of said town so
deciding at an election to be held for that purpose, under the
control of the commissioners of said town.
Sec. 3. Be it further enacted, That this act shall be rati¬
fied immediately on its passage. [Ratified the 23i day of
February, 1801.]
Chap. 170. an act concerning the town of jamesyille, in the
county of martin.
Election of Section 1. Be it enacted by the General Assembly of the
commissioners. T ^ • • t i t 7 1
Ostate oj JSforth, Carolina, ana it is hereby enacted by the au¬
thority of the same, That Mason Jones and H. W. Mizell be,
1860-61. Chap. 170-171.
201
and they are hereby authorized to open polls of election in the
town of Jamesville, in the county of Martin, on the first Mon¬
day in April next, for the election, by the legally qualified
voters of said town, of five commissioners for said town; and
when so elected, they shall have power to provide at what
time and under whose direction such elections shall be held in
future; and they and their successors in office are hereby con¬
stituted a body corporate, by the name of ••the " Commissioners
of the Town of Jamesville," and by that name shall have all
the powers, privileges and authority conferred by the public
law on commissioners of incorporated towns, and by any
previous law regulating said town.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day
of February, 1861.]
an act to enlarge the corporate limits of the town oe Chap. 171.
monroe and for other purposes.
Section 1. Be it enacted by the General Assembly of the Boundaries.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the corporate limits of the town of
Monroe, in the county of Union, be enlarged and extended
so as to include all within the following boundaries, viz:
To begin at a walnut tree on the east side of the Charlotte
road, and south of Bear Skin creek, and run south 85J, w. 3
chains, crossing the track of the W. C. & R. Railroad to a
rock; thence south 2J, west 14 chains and 35 links, to a rock
by a gum at the bend of the creek ; thence n. 87J, w. 5 chains
and 40 links, to a forked white oak on the south side of said
creek; thence s. 10, w. 43 chains and 50 links, to a rock;
thence s. 4|, e. 24 chains, to a rock; thence n. 85|, e. 53
chains and 50 links, to a rock; thence n. 4J, w. 25 chains, to
a rock; thence n. 85J, e. 16 chains, to a rock; thence n. 4J,
w. 47 chains and 50 links, crossing the railroad to a stake;
thence s. 85J, w. 35 chains, to a rock near [the] bend of the
creek ; thence n. 57, w. 16 chains, to the beginning.
Sec. 2. Be it further enacted, That all unimproved farm Exemption of
lands, or lands not laid off into town lots included within the from taxation.
202
1860-61. CHAP. 171.
corporate limits of said town, be, and they are hereby
exempted from any taxes which may he levied on real estate
by the board of commissioners for said town, nor shall said
farm lands, whether improved or not, he subject to any town
ordinance against stock running at large.
Licenses. Seo. 3. Be it further enacted, That no license to retail
spirituous liquors in said town shall be granted by the county
court, unless upon the recommendation of a majority of the
commissioners of said town.
commissioners. Sec. 4. Be it further enacted, That Hugh M. Houston,
John P. Houston, J. P. Hough, Thomas I). Winchester and
Dr. F. Hayden, be, and they are hereby appointed commis¬
sioners, to locate and establish a beginning corner of the
presefit incorporation, and to establish the streets and alleys
in said town, and to erect durable rock posts and corners at the
intersections of the main streets and alleys, with as little
damage as may be to the owners of real estate, which damage
shall be assessed by five disinterested freeholders, summoned
by the sheriff of the county. The said damages and costs for
assessing the same to be paid by the corporation: Provided,
branch.Broad That either party being dissatisfied with the assessment, may
appeal as in other cases to the county or superior courts.
Powers. Sec. 5. Be it further enacted, That alley B., in the present
corporation, be, and the same is hereby condemned, and the
said commissioners are hereby authorized and empowered to
close the same and sell said alley B. and any other unsold lots
or parts of lots belonging to said corporation; to receive the
purchase money arising from said sales for the use and benefit
of the town, and to make and convey title to the purchaser
therefor. The said commissioners shall also have power and
authority to lay off and establish a new alley in lieu of alley
B., and running parallel to it, and to lay off and establish any
other streets in the enlarged boundaries they may deem
necessary and proper, interfering as little as possible with any
inclosures, and paying the owners such damage as may be
assessed by five disinterested freeholders, as above specified.
Powers. Sec. 6. Be it further enacted, That the commissioners of
said town, shall and may levy taxes on the real estate in said
corporjftion (not including farming and unimproved farm lands),
not exceeding twenty-five cent3 on the one hundred dollars'
1860-61. Chap. 171-172.
203
worth of the real estate, and not exceeding fifty cents on the
poll.
Sec. 7k Be it further enacted, That the town of Monroe
is hereby vested with all the powers, rights, privileges and
immunities erflimerated in chapter 111 of the Revised Code,
entitled u Towns," except where the provisions in said 111th
chapter are inconsistent with the provisions in this act con¬
tained, and that all laws and clauses of laws heretofore made,
coming in conflict with the provisions in this act contained, be,
and the same are hereby repealed.
Sec. 8. Be it further enacted, That this act shall be in
force from and after its ratification. \Batifed the 23d day of
February, 1861.]
an act to incorporate the city op morehead. Chap. 172.
Section 1. Be it enacted by the General Assembly of the Mayor and com-
, missioners.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That B. Arendell, Mayor, David S. Jones,
J. IV. Collins and Wm. H. Cunninggim, jr., be, and they are
hereby appointed mayor and commissioners for the city of
Morehead, in the county of Carteret, and said commissioners
and their successors in office, chosen in the manner hereinafter
provided for, be, and they are hereby created a corporation
and body politic, under the name and title of " The Commis¬
sioners for the City of Morehead," and as such they are
entitled to all the privileges and immunities of a body corporate,
to hold property, to contract and be contracted with, to sue and
be sued, to plead and be impleaded in their corporate name,
and have a common seal to make such by-laws and regulations
as they, or a majority of them, may deem necessary for the
good order and government of |aid -city, and for the improve¬
ment of streets and the preservation of health; to lay and
collect taxes only for the necessary support of public and city
government: Provided, That said commissioners, or a majority
of them, shall not lay a tax of more than one and a half dollars
on the poll, or fifty cents on the hundred dollars' valuation an¬
nually, and to transact any business in their corporate capacity
through the agency of the officers of the city, to be appointed
204
1860-61. CHAP. 172.
in manner and form as provided for by tbe act of General
Assembly, Revised Code, chapter 111.
Eligibility to Sec. 2. jBe it further enacted, That no person shall here-
offiee. after be eligible to the office of commissioner of said city, unless
he shall have resided therein at least twelve months immedi¬
ately preceding his election, and shall have possessed and con¬
tinues to possess within the corporate limits of said city, a
freehold in lands and tenements of the value of not less than
five hundred dollars, according to the value of the same for
taxation; and no person shall be entitled to vote in any election
for commissioners of said city except freeholders, whether resi¬
dent or non-resident, and free white men, of the age of twenty-
one years, who shall have resided In said city for six months
immediately preceding such election, and shall have paid all
the taxes imposed upon him by the commissioners which are
due and payable.
Oath of office. Sec. 3. Be it further enacted, That the said commissioners,
appointed by the first section of this act, shall each of them
take an oath of office before some magistrate of the county, on
or before the 1st day of March next, and shall continue to hold
their offices, as commissioners for the city of Morehead, until
an election for a new board shall have taken place as hereinafter
provided for, and until said commissioners, so elected, shall
have been duly qualified.
Board. Sec. 4. Be it further enacted, That the board of commis¬
sioners for said city, be composed of a mayor and four commis¬
sioners, who shall be elected annually on the first Thursday in
May.
Election. Sec. 5. Be it further enacted, That it shall be the duty of
the sheriff of Carteret county to advertise the time of holding
said election for commissioners at two or more places in said
city, ten days previous thereto, and the said sheriff shall
summon two freeholders, residents of said city, who, together
with himself or deputy, shall hold the election in some public
place in said city, to be designated by the commissioners for
the time being, and shall keep the polls open from twelve
o'clock, A. M., to four o'clock, P. M., and it shall be the duty
of the sheriff or deputy, to serve the persons, so elected as
commissioners, with notice of their election within five days
thereafter, and, on failure of any of the above duties enjoined
1860-61. Chap. 172-173.
20£>
on the sheriff, he shall, on conviction before any magistrate of
the county, forfeit and pay the sum of fifty dollars; and each
freeholder refusing or neglecting to assist the sheriff, or his
deputy, in holding such election, shall be subject to a penalty
of five [dollars], to be recovered in like manner; which penal¬
ties, when collected, shall be paid into the hands of the
treasurer of the city, to be applied as the commissioners may
direct.
Sec. 6. Be it further enacted, That the corporate limits of corporate
said city shall embrace the entire plan of the city of Morehead,
as published by " The Shepard's Point Land Company," and
from the terminus of the Atlantic and North Carolina Railroad
Company to Fifteenth street. [.Ratified the 20th day of Feb¬
ruary', 1861.]
an act to amend the charter of the town of newbern, Chap. 173.
chapter 31.
Section 1. Be it enacted by the Gfeneral Assembly of the power to levy
State of North Carolina, and it is hereby enacted by the au-tax'
thority of the same, That from and after the passage of this
act, the commissioners of the town of Newbern, or a majority
of them, shall have full power and authority to levy a tax
annually on the inhabitants of said town, and the real estate
within the limits thereof, sufficient for the purposes mentioned
in said chapter: Provided, The said tax shall not exceed the proviso,
sum of two dollars on each taxable poll, nor the sum of one
dollar on each one hundred dollars' value of real estate in any
one year.
Sec. 2. Be it further enacted, That this act shall be in .
force from and after its ratification. [Ratified the 25th day
of February, 1861.]
206 1860-'61. Chap. 174.
Chap. 174. an act to incorporate the town op Buckingham, in Rich¬
mond county.
Body politic, Sectton 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the town of Rockingham, in the
county of Richmond, is hereby incorporated into a body politic
and corporate, by the name and style of " The commissioners
of the town of Rockingham."
Powers, &c. Sec. 2. Be it further enacted, That the' town of Rocking¬
ham is hereby vested with all the powers, rights, privileges
and immunities, and subject to all the restrictions enumerated
in chapter 111 Revised Code, entitled "Towns."
corporate Sec. 3. Be it further enacted, That the corporate limits of
the town of Rockingham shall extend as follows: Four hun¬
dred yards north and south of the court-house in said town;
three hundred and fifty yards west, and one half mile east of
said court-house.
Licenses. Sec. 4. Be it further enacted, That a majority of the qual¬
ified voters for commissioners of said town shall have power to
decide whether it shall be lawful to sell spirituous liquors
within the limits of said corporation; and for the purpose of
ascertaining the will of said voters, it shall be the duty of the
sheriff of the county of Richmond, by himself or by his lawful
deputy, or in the absence of both, the coroner of the county,
on such day as the county court shall think proper to name for
the first election for commissioners of the town of Rockingham,
to open polls under the same inspection, rules and regulations,
and of the same notice, as required by law, in the election of
commissioners. The voters who may wish spirituous liquors
sold within the limits of the corporation shall vote a ticket or
scroll, on which shall be written "liquor;" the voters who
shall be opposed to the sale of spirituous liquors within said
limits, shall vote a ticket or scroll, on which shall be written
"no liquor." The inspectors for the election of commissioners
shall be the inspectors in this election; and it shall be the
duty of the said inspectors to make a full and complete return
of the list of votes, and a number of votes polled, to the next
county court, of the said election; and the said court shall
compare the polls; and if a majority of the votes cast shall be
1860-61. Chap. 174-175.
207
" no liquor," then it shall not be lawful for any person or per¬
sons to sell spirituous liquor within the limits of the corpora¬
tion of the town of Rockingham, and the same shall be made a
record of the court.
Sec. 5. Be it further enacted, That in case a majority of Licenses,
the votes so cast shall be "Jiquor," then the county court of
Richmond county shall not grant license to any person to
retail spirituous liquors by a measure less than a quart within
the corporate limits of said town, unless such person shall first
have presented to the court a recommendation in writing,
signed by a majority of the acting commissioners of said town,
and requesting said court to grant license to such person.
Sec. 6. Be it f urther enacted, That any person violating Retailing with-
the provisions of section 4, by retailing spirituous liquor within
the limits of the corporation of the town of Rockingham, shall
be considered guilty of a misdemeanor, and may be prosecuted
in any court having cognizance thereof.
Sec. 7. Be it further enacted, That this act shall be in
force from its ratification. [Ratified the 23rd day of Febru-
ary, 1861.]
an act to amend the charter of the town of salisbury, Chap. 175.
and to establish the corporate limits of said town.
Section 1. Be it enacted hy the General Assembly of the corporate
State of North Carolina, and it is hereby enacted by the au-hmits"
thority of the same, That the corporate limits of the town of
Salisbury shall hereafter be as follows: Begin at the centre of
the site of the old court-house, and run four lines, one north of
west, along and parallel with the street, two thousand seven
hundred and twenty (2,720) feet; another south of east, along
and parallel with the street, two thousand seven hundred and
twenty (2,720) feet; another south of west, along and parallel
with the street, three thousand one hundred and sixty-five
(3,165) feet; another north of east, along and parallel with
the street, three thousand six hundred and fifty-five (3,655)
feet. And the corporate limits of said town shall be com¬
prised within a parallelogram included within four lines, run
at right angles to said lines at the terminations thereof, and
208
1860-'61. Chap. 175-1T6.
extending each way until they intersect each other respec-.
tively.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification, [jRatified the 22d day of
February, 1861.]
Chap. 176. an act to consolidate the various acts heretofore passed
to incorporate the town of statesville, in the county
of iredell.
hmi*tarate Section 1. Be it enacted by the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the corporate limits of the town of
Statesville, in the county of Iredell, shall be included within
the following boundaries, to wit: Beginning at a black oak on
J. F. Alexander's [land] near the Salisbury branch; thence
south 66°, west running 8 poles, south of the south east corner
of the present town plat 105 poles, to a stake on S. R. Bell's
land; thence south 24°, east 86 poles-, crossing the W. N.
Railroad, to a stake; thence south 66°, west 500 feet, to a
stake; thence north 24°, west 86 poles, to a stake; thence
south 66°, west 211 poles, to a stake; thence north 24°, west
204 poles, to a stake; thence north 66°, east 345 poles, to a
stake; thence south 24°, east 204 poles, to the beginning.
Commission- Sec. 2. Be it further enacted, That the present town magis¬
trate and commissioners, to wit: R. F. Simonton, Esq., town
magistrate, and Hugh Reynolds, John A. Rosbrough, M. F.
Freeland and James S. Ricard shall continue in office and
perform all the duties thereof, until their successors shall be
elected as hereinafter provided.
Body politic. Sec. 3. Be it further enacted, That the said town magis¬
trate and commissioners are hereby declared and constituted a
body corporate and politic, under the name and style of the
" Commissioners of the town of Statesville," and as such may
sue and be sued, plead and be impleaded, have and use a com¬
mon seal and change the same at pleasure, and have perpetual
succession ; and said town magistrate, acting as one with the
other commissioners, shall have power and authority to adopt
all such rules, regulations and by-laws as they, or a majority
1860-61. Chap. 176.
of them, may deem necessary, to promote the interest and
insure the good order and government of said town; for the
improvements of the streets, and the preservation of health in
the same; and to make all such other regulations as the inte¬
rest, comfort and convenience of the citizens may require.
Said commissioners shall also have power to levy and collect a
tax from all the retailers of spirituous liquors within the limits
of said corporation, all nine pin or ten pin alleys, circus com¬
panies, animal shows, organ grinders, sleight of hand per¬
formances, auctioneers, and all and every person or persons,
company or companies, who may exhibit, sing, play, act or
perform, or do any thing for which they charge or receive any
gratuity, pay, fee, or reward whatsoever, within the limits of
said corporation: Provided, The same shall not be inconsis¬
tent with the Constitution of the United States, or of this
State; and said commissioners shall have power to appoint a
town clerk, who shall hold his appointment for one year only,
whose duty it shall be to record all the proceedings of the
commissioners in a well bound book, kept by him for that pur¬
pose. He shall also act as treasurer for said corporation, and
shall give bond and security in the sum of five thousand dol¬
lars, made payable to the State of North Carolina, and condi¬
tioned for the safe keeping of all moneys that may come into
his hands as treasurer, and for paying out the same as ordered
by the commissioners, and for the faithful performance of his
duty as clerk. They shall also have power to appoint a town
constable, whose duty it shall be to collect all the taxes levied
under this act and fines imposed by said commissioners, and
forfeitures incurred by the violation of any of the by-laws
passed by said commissioners; and he shall give bond and
security in the sum of five thousand dollars, payable to the
State of North Carolina, and conditioned for the collection of
all taxes levied under this act, and the collection of all such
claims, and for the service of execution of all such process as
may be placed in his hands by the commissioners or given
him by their order, and for the punctual paying over of the
same to the treasurer above named, and for the faithful per¬
formance of his duty as town constable; and said constable, so
appointed, shall hold his appointment for one year only, and
shall have the same powers and privileges as other constables,
14
210
1860-61. CHAP. 176.
and shall have, hse and exercise all lawful ways and means,
which are usually had, used or exercised by the several sheriffs
of this State, and be subject to the same liabilities that they
are, in the performance of their duties, in the collection of the
public revenue; and the above named bonds, when executed
as above directed, shall be filed in the county court clerk's
office for safe keeping ; and for a breach of the conditions of
either of the above named bonds, the commissioners shall have
the same remedies as are usually had on clerk's and constable's
bonds.
Elections. * Sec. 4. Be it further enacted, That it shall be lawful for
the citizens, who live within the corporate limits of said town,
to meet at the courthouse, on the last Monday in February,
1861, and every two years thereafter on the same day, and
elect a town magistrate and four commissioners, who shall hold
their offices for two years from the time of their election, and
until their successors shall be elected and qualified; and it
shall be lawful, in case of the death or removal of the town
magistrate or any of the commissioners, for the board of com¬
missioners to appoint their successors for the remainder of
their term of office; and it shall be the duty of the sheriff of
said county to give ten days' notice, at the courthouse door,
previous to said election of town magistrate and commissioners,
and to hold the same under the same rules, regulations, restric¬
tions and penalties that elections are now held for members of the
General Assembly; and he shall determine who is elected, and
shall furnish the town clerk with a certificate of the election,
which the clerk shall copy into the book in which he records
the proceedings of the commissioners of Statesville; and such
entry, so made by the town clerk, shall be conclusive evidence
of the election of such persons to the offices therein named.
Eligibility to Sec. 5. Be it further enacted, That any free white male
office. . . „ ....
citizen ot the age ot twenty-one years, within the corporate
limits of said town, and who shall have paid a poll tax, and
being a resident therein for six months before the day of elec¬
tion, shall be eligible to the office of commissioner; and any
person elected or appointed town magistrate or commissioner,
under the provisions of this act, refusing to act, failing or
neglecting to qualify by taking the oath of office for two
months after such election or appointment, shall forfeit the
1860-61. Chap. 176.
211
sum of fifty dollars, for the benefit of said corporation, for
every such failure or refusal, which sum shall be recoverable
by warrant before any justice of the peace in and for said
county, in the name of the» State of North Carolina, to the
use of the commissioners of Statesville, to be applied by them
to the use of the corporation : Provided, nevertheless, That
no person shall be compelled to serve as town magistrate or
commissioner more than two years out of four; and every
white male citizen of the age of twenty-one years, who has
lived in said town three months immediately preceding the
day of election, and paid public tax in [in] the State, shall be
entitled to vote in said election.
Sec. 6. Be it further enacted, That the town magistrates Taxes,
and commissioners, or a majority of them, are hereby author¬
ized and empowered annually, on or before the first Monday in
May, to levy and collect a tax for the purpose of carrying out
the provisions in section three of this act, upon real estate,
polls, and on all the nett interest received or accrued on money
loaned, and^n all other kinds of property, and upon every¬
thing else, whether it be property or not, of every kind or
nature whatsoever, that now is or hereafter may be subject to
taxation under the revenue laws of this State, that is within
the limits of said corporation.
Sec. 7. Be it further enacted, That said town magistrate may subscribe
and commissioners, or a majority of them, shall have full ternal improve-
power and authority, by and with the consent of a majority of
the voters within the limits of the corporation of the town of
Statesville, to subscribe a. number of shares to the capital
stock of any fvork or works of internal improvement in which
they may have an interest, a sum not exceeding thirty thousand
dollars.
Sec. 8. Beit further enacted, That before said subscrip-People to vote
tion authorized in the foregoing section shall be made, it shall
be the duty of the town magistrate and commissioners of the
town of Statesville to ascertain, by the popular vote of the
citizens thereof entitled to vote under this act, their wishes in
relation thereto; and it shall be the duty of the town magis¬
trate and commissioners of said town to advertise, in one or
more newpapers, for the space of twenty days, and also at the
courthouse in said town, appointing a certain day and place to
212
1860-'61. Chap. 176.
hold an election, to be managed in the same manner, and by
the same officer, and under the same rules, liabilities and pen¬
alties which the election of town magistrate and commissioners
are to be held under this act; those voting in the affirmative
of the proposition shall write on a ballot or on a ticket the
word "Tax;" those voting in the negative the words "No
tax"
Returns of poii. Sec. 9. Be it further enacted, That it shall be the duty of
the sheriff or officer holding the election, according to the fore¬
going section, to make due returns to the town magistrate and
commissioners of the result of the election, and if a majority
of the voters within the limits of said corporation shall have
voted for taxation, then it shall be the duty of the said
town magistrate and commissioners to ' issue coupon bonds,
signed by the town magistrate and commissioners, [and] by
the town clerk and treasurer, in sums not exceeding five hun¬
dred dollars, bearing interest six per cent., payable semi¬
annually, and redeemable within twenty years from the dates
thereof, at any point or points within the State: Provided,
always, That before the issuing of said, bonds as aforesaid, it
shall be the duty, and it is hereby expressly required, that the
town magistrate and commissioners shall levy a tax on the cit¬
izens thereof who are subject to the same, and on all the sub¬
jects of taxation that are now or may hereafter be included in
section six of this act, sufficient in amount to discharge the
interest on said bonds, and likewise a sum sufficient to liqui¬
date the principal of said bonds as they shall from time to
time fall due.
Collector, Sec. 10. Be it further enacted, That it shall be the duty
of the town constable to collect the taxes levied under the
foregoing section for internal improvement purposes, and pay
over the amount collected to the town clerk and treasurer, to
be applied by him, under the order of the town magistrate
and commissioners, to the discharge of the principal and inte¬
rest of the coupon bonds as it may from time to time fall due;
said town constable, clerk and treasurer shall be liable upon
their respective bonds for any failure in the performance of
their duties in this section required.
Assessment of Sec. 11. Be it further enacted, That whenever the town
taxes' magistrate and commissioners shall think it proper to levy a
1860-61. Chap. 176.
213
tax for the purpose mentioned in the ninth section of this act,
then it shall be the duty of said town magistrate "and commis¬
sioners to cause such tax to be separately assessed, and the
town constable shall give to every person paying such tax a
separate receipt, specifying the particular sinking fund to
which it is applicable, and the true date of such payment; and
all such receipts shall be assigned, and whenever any person
shall produce to the town magistrate and commissioners their
sinking fund receipt as aforesaid, which, together with simple
interest computed thereon from their respective dates, shall, in
the aggregate,- amount to one share of the capital stock in the
work of internal improvement subscribed to by the commis¬
sioners, and for which this said tax was levied, the person pro¬
ducing the same shall be entitled to one share of the capital
stock of said work, belonging to the said town magistrate and
commissioners; and the town magistrate and commissioners
being thereto requested, shall, upon all and every such case,
cause one share of the stock of said town magistrate and
commissioners in such work of internal improvement to be
transferred or assigned to the party producing said receipts to
them, or their successors or appointees, as they may desire,
and said receipts shall be delivered up to be cancelled.
Sec. 12. Be it further enacted, That a majority of said Quorum,
commissioners shall constitute a quorum for the transaction of
business, and shall also have power to call a meeting when they
deem it necessary, and at all meetings of commissioners, in
the absence of the town magistrate, they shall appoint one of
their own number chairman; and the town magistrate, who
shall be a justice of the peace in and for said county, shall
preside at all meetings of the commissioners when he is pre¬
sent ; he shall also have power to call meetings when he may
deem it necessary, and shall have power to issue warrants
against all persons who may violate the laws of the corpora¬
tion, and hear and determine the same; it shall be his duty to
superintend all improvements and works ordered by the com¬
missioners, and see that the laws are observed, and shall have
power to have any person or persons arrested who may behave
themselves in a disorderly manner within the corporate limits
of said town, and may sentence the offender or offenders to
pay a fine not exceeding twenty dollars, and enter up judg-
214
1860-61 CHAP. 176.
ment and execution for the same. All such fines, when col¬
lected, to be for the use of the corporation. And the commis¬
sioners shall have power to grant to the town magistrate such
compensation as they may deem proper for his services as
such.
hsted tobe ^EC* e ^ Sur^ier enacted, That it shall be the duty
of every person residing or owning property within the corpo¬
rate limits of said town to deliver, on oath, to the town magis¬
trate, on or before the first Monday in June in each and
every year, a list of taxable polls that may be members of his
or her family at that time; also, a statement of all the real
property, together with a list of all other subjects of taxation
included within this act which he or or she may own, or which
they may have control of as trustee or guardian, or in any
other way i and any person failing to give in, as above re¬
quired, either or both of those statements, shall forfeit the
sum of fifty dollars for the use of the corporation, recoverable
in the name of the commissioners of Statesville, by warrant
before any justice of the peace in and for said county. It shall
also be the duty of the town magistrate and commissioners to
appoint three citizens of said town assessors, whose duty it
shall be, on being furnished with the returns "of the real pro¬
perty in said town to the town magistrate, [to] proceed to
assess the same at its full cash value, and return the same, in
writing, to the town magistrate, on or before the first day of
July in each and every year; and said assessors shall hold
their office for two years; and it shall be the duty of the town
magistrate and commissioners to make such appointment every
two years, and to fill all vacancies in the board of assessors
which may happen by death, removal or otherwise; and should
any person appointed assessor as herein provided refuse to act,
or fail to qualify by taking an oath of office, for one month
after his appointment, such person or persons shall forfeit the
sum of fifty dollars to the use of the corporation, recoverable
before any justice of the peace in and for said county, by war¬
rant in the name of the commissioners of Statesville.
Fees of town Sec. 14. Beit further enacted, That the town magistrate
clsrk &c.
and commissioners shall have power and authority to regu¬
late the fees of the town clerk and constable, to open such
new streets as they may consider necessary, [and] assess the
1860-61. Chap. 176.
215
damage "which any person may sustain by such new streets
passing over their land: Provided, nevertheless, Should any
persons or persons, whose land may he taken for the purpose
of such new streets, be dissatisfied with the assessment of
damage by said commissioners, they may appeal from their
decision to the county or superior courts for the said county.
Sec. 15. Be it further enacted, That if the sheriff should failure^
fail or neglect to perform his duty in holding the election for elections,
town magistrate and commissioners, as required by the pro¬
visions of this act, for every such failure he shall forfeit the
sum of two hundred dollars, to the use of the corporation, re¬
coverable by warrant, in the name of the commissioners of
Statesville, before any justice of the peace in and for said
county.
Sec. 16. Be it further enacted, That it shall be the duty bylaws to b«
of the town clerk to advertise five days all the by-laws passed a ver 13
by the commissioners of Statesville, at the courthouse door,
and no by-law, rule or ordinance shall t^ke effect until after
such advertisement.
Sec. 17. Be it further enacted, That the town clerk and Fees,
town constable shall receive such fees for their services as said
commissioners may allow, and no other; and any one appointed
town clerk or town constable by the said commissioners, under
the provisions of this act, and shall fail, neglect or refuse to
act, shall thereby forfeit fifty dollars, to the use of said corpo¬
ration, recoverable in the same name as provided for in the
15th section of this act.
Sec. 18. Be it further enacted, That if the said town streets and
magistrate and commissioners shall permit the streets or side¬
walks or roads within the corporate limit3 of said town to get
out of order, and remain so as to become a nuisance, or shall
permit any nuisance to exist in said limits, which they have
the power to remove, shall be liable to indictment in the
county or superior courts, and, on conviction, shall be fined,
at the discretion of the court.
Sec. 19. Be it further enacted, That all laws heretofore
passed for the better regulation of the town of Statesville,
coming within the meaning and purview of this act, be, and
the same are hereby repealed.
216
1860-'61. Chap. 176-177-178.
Sec. 20. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 2,6th day
day of January, 1861.]
Chap. 177. an act to allow the county trustees to sell certain
property in the town oe statesyille.
Authority to Section 1. Be it enacted by the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the court of pleas and quarter ses¬
sions of the county of Iredell, not less than twelve of the
justices of said county being present holding said court, shall
have authority and power to dispose of and sell the lot in the
town of Statesville whereon the jail of said county is situated,
and shall [have] power to effect such sale through John A.
Rosebro, the trustee of said county, or his successors, and that
the said county courts shall have power to authorize a sale or
disposition of said lot and jail at public or private sale; the
proceeds of the sale of said [lot and jail] shall belong to the
county of Iredell, and [be] subject to the disposition and ap¬
plication of said county court for the use of said county, and a
deed executed by the chairman of the said county court to the
purchaser shall transfer and invest in the said purchaser all
the right and interest of Iredell county in said lot and jail.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23rd day
of February, 1861.]
Chap. 178. an act to revive and amend an act to incorporate the
town of thomasville.
Act revived. Section 1. Be it enacted by the Ceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That an act entitled " An act to incorpo¬
rate the town of Thomasville," passed in the years 1856 and
'57, chap. 107 Laws of North Carolina, be revived and so
amended that no person shall be permitted to sell spirituous
liquors (except for medical purposes) in the town of Thomas-
1860-61. Chap. 178-179.
217
ville, without first obtaining a license of the town commis¬
sioners, and paying such tax as said commissioners shall
impose.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 18th day
of February, 1861.]
an act to amend the act incorporating the town of war- Chap. 179.
saw, and for the better government of said town.
Section 1. Be it enacted by the Greneral Assembly of the corporate iim-
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That a town is hereby established in the
county of Duplin, by the name of Warsaw, with the following
metes and bounds, viz: Beginning at a point in centre of W.
& W. R. Road, where the old Tucker line crosses said road,
being S. L. Gavins' corner, and runs first, south 72, west 86
poles, to a stake; thence north 72, east 86 poles, to W. & W.
R. Road; thence same course north 72, east 114 poles, to a
stake; thence south 18, east 204 poles, passing along the east¬
ern boundary of Mrs. M. Gordon's lot to a stake; thence
south 72, west 114 poles, to the beginning.
Sec. 2. Be it further enacted, That the government of commissioners.'
said town of Warsaw shall be vested in the following persons,
and their successors in office: Walter R. Bill, S. R. Bowden,
James T. Mathias, Bryant Brown and John W. Swinson.
Sec. 3. Be it further enacted, That the commissioners and Body corporate,
their successors in office, appointed agreeable to the directions
of this act, shall be, and they are hereby incorporated into a
body corporate, by the name of the " Comissioners of the town
of Warsaw," and by such name shall have succession and a
common seal, sue and be sued, and shall have power from time
to time to make such rules, by-laws and ordinances as to them,
or a majority of them, may seem proper for the good govern¬
ment of said town, to appoint a town clerk, constable, patrol,
and overseer of streets, and to make such allowance to said
officers, by fee otherwise, as said commissioners may determine ;
that said commissioners shall have full power to repair the
streets and lay out or alter the same: Provided, it does not
1860-61. Chap. 179-180.
interfere with any dwelling or yard; they shall have full
power to assess and collect taxes upon all taxable property
within the limits of said town, and to do all other acts that
may he deemed needful for the good government and manage¬
ment of said town.
Sec. 4. Be it further enacted, That an election shall be
held in each and every year on the first Monday in February
by the inhabitants thereof qualified to vote for members of the
House of Commons, for five commissioners, who shall hold
their office for one year, or until successors are appointed.
Sec. 5. Be it further enacted, That all laws and clauses
of laws coming within the meaning and purview of this act be,
and the same are hereby repealed.
Sec. 6. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23rd day
of February, 1861.]
Chap. 180. an act concerning the town op Wilmington.
Preamble. Whereas, The amount required annually to meet the ex¬
penses incident to the proper government of the town of
Wilmington, to pay the interest accruing on the debt of said
town, and to provide a sinking fund for the payment of such
debt, cannot be raised by the taxes which the commissioners
of said town are now employed to levy and collect, without
imposing most unequal and oppressive burdens on the real
estate and polls within said town; and whereas, it is right and
proper that all who, in the prosecution of their respective
callings and occupations, enjoy the peculiar protection and
privileges secured by the municipal laws and police regula¬
tions of a town, should f contribute towards the expenditures
necessary for the due administration of such laws, and towards
the payment of such debt as may have been incurred for the
common benefit of all who are citizens of such town:
Power of com- » Be it enacted by the G-eneral Assembly of the State of
levy taxes. North Carolina, and it is hereby enacted by the authority of
the same, That the commissioners of the town of Wilmington
shall have power to levy and cause to be collected annually, at
such times during each year as to them may seem expedient,
218
Election.
1860—'61. Chap. 180.
such taxes as to the commissioners of the town of Wilmington
shall seem fair, equitable and right on the professions, call¬
ings, trades, occupations and other business carried on in said
town, and hereafter specified or referred to, and on the articles
of personal property used in said town, and hereafter designa¬
ted or referred to; that is to say, on every merchant doing a
wholesale and retail business, or wholesale business alone, or a
retail business alone, on every commission merchant, on every
broker, or produce-broker, every note-shaver, negro-trader,
every insurance company, or their agents, whether such agents
be resident or itinerant, all portrait or miniature painters,
Daguerrean artists, or other picture-takers, all resident prac¬
ticing lawyers, physicians and dentists, and all itinerant dentists,
State and county officers, and officers and agents of incorpo¬
rated companies, and all clerks or employees of other persons
or corporations, whose salary of [or] fees shall be eight hundred
dollars; every grocery, confectionery, fruit store, shoe-store,
jewelry store, book store, grain and feed store, on every keeper
of a coal, or wood, or lumber yard, on every distillery, on every
brewer of malt liquors, on beer, ginger pop, on every saw mill,
planing mill, sash and blind factory, ship carpenter or chan¬
dler, apothecary, upholsterer, auctioneer, barber, every marble
yard, every iron or brass foundry, manufacturers or dealers in
tin wares, venders of musical instruments, on every express
company, or agent of such company, banker, retailer of fresh
meat of any kind, in any quantity less than the whole animal
at any place other than the public market, all persons who
shall receive orders, or display goods by sample, or sell goods
in any manner) every architect or master builder, or other
persons taking contracts, of whatever nature, as contractors or
sub-contractors employing two or more hands; on every manu¬
factory of gas for sale, every ship yard, marine railway, every
tannery, every hat store, every pedlar, on every harness and
saddlery store, paper manufactories, on every printing office
doing job work, every establishment where slaves are kept for
sale, or by a dealer in slaves, every keeper of a ware-house
where produce, goods, wares or merchandise are received, on
storage, on every billiard table, whether public or private,
every ten pin alley, every pistol gallery, every tug boat plying
in the waters of the port, every horse or mule drover, all lec-
220
1860—'61. CHAP. 180.
tures for reward, unless the reward be wholly devoted to some
literary or charitable purpose, on all establishments for the
sale of carriages, buggies, sulkies, or any other riding or plea¬
sure vehicles, on all gold or silver waTches usually worn during
the year by any citizerl of said town, on all pistols, dirks,
bowie-knives or sword-canes, if worn about the person at any
time during the year, on every grist-mill, on all slaves sold at
public auction or private sale by or on account of non-resi¬
dents ; venders of patent rights of any kind.
Taxes -on pro- Sec. 2. That the commissioners of the town of Wilmington
fessions, &e. may^ from year to year, fix the sums and rates of the taxes on
the several professions, callings, trades, occupations, and other
subjects of taxation embraced in this act, of the sums and
rates so fixed during any year may continue from year to
year unless altered, and the said commissioners shall have
power to make all such ordinances which to them may or shall
seem expedient, in reference to the payment and time of pay¬
ing such taxes, the issuing of license to the persons liable for
the payment of the same, the terms of such licenses, and the
penalties for the breach of the same, and the penalties for such
non-payment of such taxes.
Failure to pay Sec. 3. If any tax, laid or fixed as aforesaid, or any tax
due to said town, shall not be paid by the person or persons
liable therefor, on or before the day fixed for the payment of
the same by the ordinance of the commissioners of the town of
Wilmington, the same may be collected by the tax collector of
said town, together with such penalty or penalties as may
have been incurred by the party so in default; and such tax
collector is hereby invested with all the powers and remedies
in the collection of the taxes due to said town, whether the
same be liable under this act or any other act, with which
sheriffs are invested by the eighty-seventh section of chapter
ninety-nine, entitled "Revenue," of the Revised Code of this
State; and as a cumulative remedy, if any tax, laid under the
provisions of this act, shall not be paid as aforesaid by the
person or persons liable therefor, any judge of the courts of
equity of this State shall, on application to him by bill or peti¬
tion in equity, and affidavit made by any officer or any citizen
of the town of Wilmington that said tax has not been paid by
the person or persons liable therefor, issue a writ of injunction
1860-61. Chap. 180-181.
221
in favor of the commissioners of the town of Wilmington,
injoining said person so in default from all further pursuit or
practice of the professions, callings, or other business pursued
or practiced by him, and upon which such tax is laid, until
such time as said tax shall have been fully paid and dis¬
charged, together with the costs of such proceedings in the
court of equity.
Sec. 4. That the commissioners of the town of Wilmington
may erect and provide one or more magazines for the storage
of all gunpowder brought to the said town or its vicinity, and
intended for sale in said town, or intended for transportation
to some other place, and may, by such ordinances as they may
make, compel all such gunpowder to be stored in such maga¬
zines, and regulate the price of such storage. [Ratified the
20th day of February, 1861.]
TURNPIKES.
an act to authorize the construction of a turnpike road Chap. 181.
from " mitchel's high peak," on the black mountain,
to intersect some one of the railroads in buncombe
county.
Section 1. Be it enacted by the General Assembly of the commissioners.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Andrew J. Greenwood, John S.
Carter, Joseph Bormard, Madison Greenwood, John Brigman,
John R. Hemphill, James Davis, John W. Woodfin, William
H. Baily, William Stepp and Alexander Porter, be, and they
are hereby appointed commissioners, with power and authority
to open books and receive subscription to the amount of ten
thousand dollars, which shall constitute the capital stock of capital stock,
the company hereby incorporated, for the purpose of marking
out and constructing and keeping in repair a turnpike road,
leading from "Mitchel's High Peak," on the Black Mountain,
to some one or more of the public roads, in Buncombe county;
and that any three of the persons in this section named, may
open books and receive subscriptions.
Sec. 2. Be it further enacted, That the aforesaid capital
222
1860—'61.- Chap. 181.
stock shall be divided into shares of twenty dollars each; and
as soon as one thousand dollars of the stock [it] shall be sub¬
scribed, it shall be the duty of said commissioners, or any three
of them, to notify the stockholders, by advertisement, to require
their attendance at some time and place, as they may desig¬
nate, and if stockholders holding a majority of the shares
subscribed shall attend the said general meeting, it shall and
may be lawful for the stockholders to appoint a president,
treasurer and directors for the term of one year, and until the
next general meeting of stockholders; and the president and
directors, when so appointed, and their successors in office,
shall constitute a body politic and corporate, by the name of
the " Black Mountain Turnpike Company," and may sue and
be sued, plead and be impleaded, and as such shall have
perpetual succession and a common seal, and have all other
powers, rights and privileges necessary to effectuate the objects
of the corporation hereby created.
Sec. 3. Be it further enacted, That the number of votes
to which each stockholder shall be entitled, shall be according
to the number of shares he shall own, in the proportion follow¬
ing, to wit: For one share, and not more than two shares, one
vote; for every two shares above two, and not exceeding ten,
one vote; for every four shares above ten, and not exceeding
twenty, one vote; and for every eight shares thereafter, one
vote.
commissioners Sec. 4. Be it further enacted, That the owners of a major-
to locate road. ^ s]jares subscribed, shall have power to appoint
commissioners to lay off and make a location of said road, and
make and ordain all by-laws for the government and regula¬
tions of said company and the officers thereof, and shall have
authority, at any time, to remove from office the president and
directors of said company, or any of them, and appoint others
in their stead, and shall, from time to time, in general meeting,
[make] all such by-laws, rules and regulations as may be ne¬
cessary for the well ordering and better regulation of the affairs
of said company, not inconsistent with the constitution and
laws of the State and the United States. It shall be the duty
of the president, to make a full and fair statement of the affairs
of the company, at said general meeting of the stockholders,
Amount of
President and
directors.
Vote of stock.
1860-61. Chap. 181.
223
and to employ sucli agents and officers as the affairs of the
company may require.
Sec. 5. Be it further enacted, That it shall be the duty of Duty of trea-
the treasurer, to receive all moneys due the company; to keep
a fair account of the same, and to perform all such duties as
may, from time to time, be assigned to him by the stockholder
Sec. 6. Be it further enacted, That the stockholders, at paymenfof
their first general meeting, shall fix on the terms and propor¬
tion in which stock subscribed shall be paid, and shall have
further power to declare the stock of delinquent stockholders
forfeited.
Sec. 7. Be it further enacted, That whenever said turnpike Toil gates,
road is completed, or ten miles of it completed, it shall and may
be lawful for said company to erect a! toll gate, or toll gates, at
such places as said company may deem prbper, and demand
and receive the following tolls, to wit: Ten cents for every
man and horse; for six horse waggons, one dollar and fifty
cents; for four horse waggons, one dollar; for three or two
horse waggons, seventy-five cents; for stage coach, break
waggon,, four wheel pleasure carriage, one dollar each; and
for gigs, sulkies, and all two wheel vehicles, fifty cents each.
No person, who shall live within two miles of said road, and
who shall do four days' labor on the same,-sha|l be liable to
pay said toll, and if the court of pleas and quarter sessions of
Buncombe county shall see proper to allot a portion of the
hands liable to work on public roads to work on said road as
upon other public roads, then no citizen of said county shall be
liable to pay said tolls, provided said court shall not allot less
than thirty hands.
Sec. 8. Be it further enacted, That the president and repairs of road,
directors shall see that said road is kept in good repair from
the first of April to the first of December in each year, and if
they fail to do this, then they shall be deemed and held guilty
of a misdemeanor, and subject to indictment for neglect of
duty as overseers of roads are now liable to indictment for
neglect of duty.
Sec. 9. Beit further enacted, That, if any person or persons avoiding toil,
shall, for the purpose of avoiding the payment of the above
recited tolls, either break through or go around any of the
said toll gates, such person or persons shall be subject to pay
224 1860-61. Chap. 181-182-183.
five dollars, recoverable before any justice of the peace in the
county of Buncombe. [Ratified the 23d day of February,
1861.]
Chap. 182. an act entitled an act to amend an amended act to
incorporate the jonathan creek and tenessee moun¬
tain turnpike company, passed at the session of
1858-'59.
Amendment. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the act passed at the session of 1856
and 1857, and amended by an act passed at the session of
1858 and 1859, shall be so amended that the county of Hen¬
derson shall be entitled to receive from the agent of Cherokee
bonds the same appropriation in the same manner and with
the same limitation that the county of Haywood receives; that
is, whenever the company shall receive from individuals two
hundred dollars, then the agent shall subscribe two hundred
dollars, and so on when the individual subscription is increased,
the subscription shall be increased on the part of the State for
the completion of the said road in Henderson county.
Sec. 2. And be it further enacted, That the stockholders in
Henderson county shall have the power to determine the point
at which the said road shall intersect the turnpike in Hender¬
son county.
Sec. 3. And be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the day
of February, 1861.]
Chap. 183. an act to incorporate the statesville and tennessee
turnpike company.
commissioners. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That James M. Gentry and E. C. Bart-
lette of the county of Ashe, Dr. R. E. Hackett and A. B.
Carmichael of the county of Wilkes, A. M. Bogle and Alfred
1860-61. Chap. 183.
225
Conson of the county of Alexander, and Anderson Mitchell
and C. A. Carlton of the county of Iredell, be, and they are
hereby appointed commissioners to open books and receive Shares of stock,
subscription of stock ■ in shares of ten dollars each, to the
amount of twenty thousand dollars, which sum, together with
the amount hereinafter to be appropriated, shall constitute the
capital stock of the cotnpany, in this act incorporated ; and it
shall be the duty of the said commissioners to open the books
for subscription in Jefferson, Wilkesboro', Taylorsville and
Statesville, and at such other places as they may think proper,
after giving due notice of the time and place, by public adver¬
tisement, twenty days previous, on or before the first day of
June next, and at such other times and places thereafter as
they shall think proper, until the amount of twenty thousand Amount,
dollars shall be taken in the stock of said company, and then
the subscriptions thereto shall cease.
Sec. 2. Be it further enacted, That any incorporated town, incorporated
through its properly constituted authority, shall have power subscribed
and be allowed to take such amount of the stock hereinbefore
mentioned, not exceeding one hundred and fifty shares, as it
may choose, the proposition to take such stock being first sub¬
mitted to the freeholders of any such town by the authorities
thereof, in the manner prescribed in the second section of the
two hundred and fifty-first chapter of the laws of North Caro¬
lina, enacted at the session of 1854-55. And any county,
through which the said road may pass, may subscribe for any
amount of such stock as a majority of the voters of any may
approve, for which purpose, the courts of pleas and quarter
ssesions of said counties are hereby authorized to hold an elec¬
tion at the usual time and places of voting for members of the
General Assembly.
Sec. 3. Be it further enacted. That whenever it shall appear state's subserip-
to the governor of this State, by a certificate signed and sealed
by the commissioners in this act named, or a majority of them,
•that the sum of ten thousand dollars has been subscribed and
taken by solvent individuals and corporations, the governor is
hereby authorized and required to direct the treasurer of the
State to subscribe, on behalf of the State, for the stock in said
company in this act to be incorporated, to the amount of ten
thousand dollars in the capital stock of said company.
15
226
1860-61. Chap. 183.
General meet- Sec. 4. Be it further enacted, That when the sum of five
thousand dollars shall be subscribed, it shall be the duty of the
commissioners to call a general meeting of the stockholders, at
the town of Wilkesboro', and if a majority of the stock shall be
represented, in person or by proxy, it shall be lawful for the
President, &c. said meeting to appoint a president, treasurer and four direc¬
tors, one of whom shall reside in the county of Ashe, one in
the county of Wilkes, one in the county of Alexander, and one
in the county of Iredell, who shall hold their office for
one year, and until their successors are appointed. And it
shall be the duty of the governor, when the sum of ten thou¬
sand dollars shall have been subscribed for and taken on the
part of the State, as directed in the third section of this act, to
appoint four directors on the part of the State, one of whom
shall reside in the county of Ashe, one in the county of Wilkes,
one in the county of Alexander, and one in the county of
Iredell, and who shall hold their office during the pleasure of
the governor. And these directors, together with president,
treasurer and directors appointed by the individual and cor¬
porate stockholders, when so appointed, and their successors in
office, shall constitute a body politic and corporate, under the
name and style of the " Statesville and Tennessee Turnpike
Company," and by that name may sue and be sued, plead and
be impleaded in any of the courts of this State, and as such
shall have succession and a common seal, and shall have the
right to make all such orders, rules and contracts, and appoint
all such agents, and to do all such other acts and things as may
be necessary to carry into full effect the objects of the corpora¬
tion, and shall have all such rights, powers and privileges as
the like corporations in this State usually have: Provided,
That in all elections of officers, after the State shall have
become a stockholder, she shall be entitled to vote in propor¬
tion to the stock held by her.
Vote of stock. Sec. 5. Be it further enacted, That the number of votes
to which any stockholder may be entitled, shall be according
to the number of shares he may hold in the proportion follow¬
ing ; that is to say, for every one share, and not more than two,
one vote; for every two shares, above two and not over ten,
one vote; for every five shares above ten, and not above fifty,
one vote; and for every ten shares, above fifty, one vote.
1860-61. Chap. 183.
227
Sec. 6. Be it further enacted, That the said company have Road,
power, and they are hereby authorized and required to con¬
struct a turnpike road from the town of Statesville, in the
county of Iredell, to the Tennessee line, at or near where' the
old road leading from Taylorsville, in Tennessee, to Jefferson,
crosses the State lineand the said company shall make the
said road at least eighteen feet wide, clear of all obstructions,
except where side cutting or blasting rock shall be necessary,
and in such places said road shall be at least sixteen feet wide,
clear of all obstructions, and the grade of said road shall not
at any place be steeper than a rise or fall of one foot in sixteen;
and the said company shall construct all such culverts, side
and cross ditches, embankments and other works which may
be necessary to finish the said road in good order; and the
said company shall have a bridge or ferry across the Yadkin
river, and across the South Fork of New river, at the places
where said road shall cross these streams; and the said com¬
pany shall have power to construct any other works, bridges
or buildings which may be necessary for the construction or
keeping in order the said road.
Sec. 7. Be it further enacted, That the said company shall j^ers of com"
have power to employ an engineer or other suitable person to
survey the route of said road, to ascertain the grade, and, if
the company shall direct, to estimate the cost of building said
road, in the various regions through which it may pass, accord¬
ing to the provisions of this act.
Sec. 8. Be it further enacted, That the said company may using highway,
carry or construct their said road on or along any public high¬
way, which may be now in existence in any county through
which said road may pass, and may appropriate the same to
their own use; but the said company shall not obstruct any
such public highway until their road shall be in good order for
use; and if any damage shall be done to any private property
in building said road, or erecting the necessary buildings of
said company, and the company cannot agree upon the com¬
pensation with the owner of such private property, then any
agent, officer or director of said company shall apply to a
justice of the peace, who, upon such application, shall order
any constable or other lawful officer to summon a justice and
three disinterested freeholders, whose duty it shall be to view
228
1860-'61. Chap. 183.
the property where the damages are said to be done, and
assess the amount of compensation to be paid by the company
to the owner of such private property, having regard both to
the injury done and the benefit of the road, and if either
party shall be dissatisfied with their assessment, they may
appeal to the court of pleas and quarter sessions of the county
wherein the damage is done.
county courts Sec. 9. Be it further enacted. That when the said road
to appoint com- '
missioners to shall be completed, the president shall notify the courts of
examine road. r 7 r *
pleas and quarter sessions of the county through which the
road passes thereof; and each of the said courts shall forth¬
with appoint three commissioners, whose duty it shall be to
examine so much of said road as lies in their respective coun¬
ties, and if the said commissioners shall find that the said road
is well constructed and completed, according to the require¬
ments of this act, they shall certify the same to the clerk of the
court by whom they were appointed; and the said clerk shall
forthwith notify the president of the company of such certifi¬
cate ; and, thereupon, the said company shall have power to
erect toll gates at such points upon the said road as they may
think proper: Provided, That such toll gates shall be at least
ten miles apart, and the said company shall have power to
collect the following tolls, to wit: For every person on horse¬
back, at the rate of one cent per mile; for every one horse
wagon, one cent per mile; for every two horse wagon, two
cents per mile; for every three horse wagon, two and a half
cents per mile; for every four horse wagon, three cents per
mile; for every six horse wagon, four cents per mile; for
every one horse buggy, two and a half cents per mile; for
every two horse buggy, three cents per mile; for every two
horse pleasure carriage, four cents per mile; for every sulky,
two and a half cents per mile; for every loose horse or mule
or ass, led or driven, one-half cent per mile; for every cow
beast, one-fourth of one cent per mile; for every hog or sheep,
one-third of one cent per mile; and for every animal designed
for exhibition, three cents per mile.
corporate Sec. 10. Be it further enacted, That when the said turn¬
pike road shall be completed, it shall be a public highway, and
all persons shall have the right to use the same upon the pay¬
ment of the proper tolls; and the said company shall have the
1860-61. Chap. 183.
229
right to prevent any person from traveling over the said road,
if they shall refuse to pay the tolls lawfully demanded; and if
any person shall, for the purpose of avoiding the payment of
toll, break through, or go around any of the toll-gates erected
by the company, they shall forfeit and pay to the said com¬
pany the sum of ten dollars for each and every offence, to be
recovered by warrant, in the name of the company, before any
justice of the peace in the county in which the offence may be
committed.
Sec. 11. Be it further enacted, That when any twenty con¬
secutive miles of said road shall be completed, it may be de¬
clared completed in the manner prescribed in section ninth of
this act, and may be put in operation under the provisions of
the ninth and tenth sections of this act.
Sec. 12. Be it further enacted, That any person may sub- StoekVnay be
scribe for one or more shares of stock in the capital stock of labor,
said company, to be paid for in labor upon the construction of
said road, under the direction of any agent or officer of the
said company, at fifty cents per day; and when any person,
so taking stock in the capital stock of said company, shall
have worked out the same as directed, such person shall re¬
ceive from the proper officers of the company a permission for
himself and family to travel over the said road free of toll for
ten years, and the stock of such person thereafter be trans¬
ferred to the State upon the books of said company.
Sec. 13. Be it further enacted, That when one-half the state's subscrip-
... . tion.
amount subscribed by individuals and corporations shall be
paid to the treasurer of the company, then one-half the amount
subscribed by the State shall be paid, and when the remaining
half subscribed by individuals and corporations shall be paid,
then the remaining half subscribed on behalf of the State shall
be paid; and if any person or corporation (as well those whose
subscriptions are to be paid in labor as others) shall refuse or
fail to pay their subscriptions, as demanded by the said com¬
pany, the same may be recovered, by an action of debt or
assumpsit, in the name of the company.
Sec. 1-1. Be it further enacted, That if the company shall Repairs,
fail to keep the said road in good repair, they shall be deemed
guilty of a misdemeanor.
230
1860-61. Chap. 183-181.
County sub- Sec. 15. Be it further enacted, That the subscription of
s^uptions. any counf.y capi|;al stock of said company, under the
provisions of this act, shall be expended in the construction of
the said road in the county making such subscription.
Construction to Sec. 16. Be it further enacted, That the construction of
commence in " . .
two years. the said road shall be commenced within two years from the
ratification of this act, and the corporate existence of the said
company, with all the rights, powers and privileges herein
granted to them, shall continue thirty years.
Sec. 17. Be it further enacted, That the construction of
the said road may be commenced at such several points as the
company shall direct.
Toil. Sec. 18. Be it further enacted, That nothing in this act
contained shall be construed to prevent the said company from
reducing the rates of toll upon the said road, if the interest of
said company may be thereby promoted, or to prohibit the said
company from making contracts, by the year, with mail con¬
tractors or others at reduced rates.
Sec. 19. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 2Qth day of
February, 1861.]
Chap. 184. an act t0 incorporate the salem and thomasville turn¬
pike company.
incorporated. Section 1. Be it enacted by the Gfeneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Thomas T. Wilson, A. J. Stafford,
E. A. Vogler, Jesse Shelley, D. W. C. Johnson, D. Lofton, and
their co-subscribers and successors in office, their successors
and assigns, be, and they are hereby declared to [be] incorpo¬
rated intoja company, under the name and style of "The Salem
and Thomasville Turnpike Company," for the purpose of con¬
structing a turnpike road from the town of Salem, in the
county of Forsythe, upon the most practicable route to the
town of Thomasville, in Davidson county; thence to the Silver
Valley and Jackson Hill, and a branch road from Silver Valley
to "Baltimore and Montgomery Mines," in Montgomery
1860- 61. Chap. 184-185.
281
I
county, with a capital stock of six thousand dollars, with the Capital stock,
privilege of increasing it to ten thousand dollars, in shares of
twenty dollars each.
Sec. 2. Be it further enacted, That under that name said Books to be
persons may open books in the town of Salem and in Thomas-opened'
ville, or in any other place they may think proper, and keep
them open until a sufficient amount shall be subscribed; and
said corporation may sue and be sued, plead and be impleaded,
and have a common seal, and exist for the space of sixty
years.
Sec. 3. Be it further enacted, That the stockholders shall Board,
at their first annual meeting, and at every annual meeting
thereafter, elect a board of not less than three directors, which
directors shall choose a president, who shall continue in office
until their next annual meeting, and until their successors
$hall be elected, and the board may supply a vacancy in their
body.
Sec. 4. Be it further enacted, That in all other things the
said company shall be governed in accordance with the pro¬
visions of the act for the government of turnpike and plank
road companies, and shall have all the necessary and usual
privileges of making by-laws for their government, condemning
lands, collecting tolls, regulating bonds of their officers, repre¬
sentation by proxies, &c.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. \Batified the — day of
February, 1861.]
an act to incorporate the dover and trenton turnpike Chap. 185.
and plank road company.
Section 1. Be it enacted by the Q-eneral Assembly of the commissioners.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Edward R. Stanly and George
Green, of the town of Newbern, George W. Charlton, George
West, Enoch Lane and Needham Busby and Robt. Brock, of
Craven, John Shackelford, John H. Neathercut, Adonijah
McDaniel, Earnifold McDaniel, James McDaniel, Daniel Perry,
Eli W. Perry, Enoch Noble, David Green, Macon Foscur,
232
1860—'61. Chap. 185.
Farnifold Simmons, Jacob F. Scott, Amos L. Simmons, T. T.
Gooding, Joseph Smith, Benjamin Askew, Charles Gerack
and Alexander "Watson, of Jones county, be, and they are
hereby appointed commissioners for receiving subscriptions for
Location of the purpose of laying out and making a turnpike and plank
road from the Atlantic and North Carolina Railroad to Tren¬
ton, in Jones county, beginning at a point on the Atlantic
and North Carolina Railroad, two hundred yards below the
fifty-six mile post leading from Morehead City to Golds-
borough, at a point known as Savage's Shanty; and from
thence a route to be designated hereafter by the president and
directors of the company to the town of Trenton, in Jones
county, or to some point near said town, to be fixed by the
president and directors. And the said commissioners, or a
Books to be majority of them, shall cause books to be opened at such times
and places, and under the direction of themselves or such other
persons as they may appoint; and the same shall continue
open for two months, unless the sum of three thousand dollars
shall be subscribed before that time, at which time the said
books shall be returned to said commissioners at Newbern, in
the county of Craven, who shall by public notice in one or
General meet- more newspapers, appoint a general meeting of stockholders
personally or by proxy, which meeting may continue until the
business shall be finished; and if in the opinion of the stock¬
holders in such general meeting assembled, a sufficient sum
shall have been subscribed to make said road, or any part
thereof, desired by those owning a majority of the stock so
subscribed, said subscribers may organize themselves into a
company and accept this charter, when they, their heirs or
assigns, shall constitute a body politic and corporate, under the
corporate name and style of the " Dover and Trenton Turnpike and
name. Plank Road Company," and as such may sue and be sued,
plead and be impleaded, and have perpetual succession, and a
common seal, and all other rights necessary for the objects of
the company; and such of the subscribers as may be present
at the said meeting, or those representing a majority of the
president, &o. stock, shall have power to elect a president and four directors
for conducting the business of the company for one year, and
until others are elected, and enter upon the duties assigned
them by the company; and every proprietor of stock, by writ-
1860—*61. Chap. 185.
238
ing under Lis Land, may depute any otLer stockholder to vote
for Lim at any general meeting, and tLe vote of sucL proxy
sLall be as effective to all intents and purposes, as if tLe pro¬
prietor were personally present and voting for himself.
Sec. 2. Be it further enacted, That after the organization Books for fur-
of the company, as prescribed in the first section of this act, tions.subserip~
the president and directors thereof, in case they deem it neces¬
sary and proper, may, and they are hereby authorized to
appoint commissioners to re-open books at such times and
places as they may and shall direct, and keep the same open
until the requisite amount to finish the road may be subscribed,
which books shall be returned to the president and directors of
said company, and the persons so subscribing, their heirs and
assigns, shall beqome stockholders in said company to the
amount so subscribed by them as such, entitled, to all the
rights and privileges conferred by this act on the original
subscribers.
Sec. 3. Be it further enacted, That the capital stock afore- shares,
said shall be divided into shares of twenty-five dollars each,
and any person may subscribe for one or more shares; the
shares shall be paid at such time and places, and by such in¬
stalments as the president and directors shall direct, they first
giving public notice twenty days; and if any person holding
any share in said company shall fail to pay the instalments as
called for in pursuance of this act, the company may sue
for and recover the same in any tribunal having jurisdiction
thereof, or they may expose to sale the shares which such de¬
linquent may hold by giving ten days' public notice of the
same.
Sec. 4. Be it further enacted, That the president and direc- Contracts,
tors, or a majority of them, on the behalf of the corporation,
have power and authority to contract for the construction, im¬
proving and repairing said road; and the said president and
directors may appoint such managers as they may deem neces¬
sary ; and when five miles of either end of the road shall be
completed, a toll-gatherer or toll-gatherers may also be ap¬
pointed, who must give bond and security for the faithful per¬
formance of their several duties, and be removed at pleasure.
Sec. 5. Be it further enacted, That at every semi-annual Dividends,
meeting, an equal dividend of all the nett profits arising from
234
1860—'61. Chap. 185.
Votes.
Duration of
charter.
Toll gates.
Width of road.
Public high¬
way.
Eight of way.
the tolls shall be ordered to be made to the proprietors of said
company, in proportion to their several shares, which nett
profit shall not exceed twenty five per cent.
Sec. 6. Be it further enacted, That in all meetings of the
proprietors, each stockholder shall be entitled to one vote for
each share owned by him in said company.
Sec. 7. Be it further enacted, That as a compensation to
said stockholders for the expenditures made under this act, the
profits of said road are invested in them, their executors and
assigns, for the period of ninety-nine years, to be computed
from the erection of the first toll-gate, in proportion to the re¬
spective sharest; and it shall and may be lawful for the presi¬
dent and directors during the said term to demand and receive,
at some convenient toll-gates to be by them erected, such tolls
as they prescribe: Provided, The tolls so collected do not ex¬
ceed in annual profits the sum aforesaid; and the agent of the
company, under the direction of the company, may refuse a
passage along said road and through the said gates, until the
toll required by said company shall be paid; and if any person
shall pass said gates without paying the toll, the company may
sue [for] the same before any tribunal having cognizance of
the same.
Sec. 8. Be it further enacted, That said road shall not be
less than fifteen feet wide, and may be twenty-five feet wide, at
the discretion of the president and directors, who shall be ap¬
pointed to locate and manage the same.
Sec. 9. Be it further enacted, That said road shall be taken
and considered a public highway, free for the passage of per¬
sons, animals and carriages of every description, on the pay¬
ment of tolls authorized by this act.
Sec. 10. Be it further enacted, That the president and direc¬
tors may agree with the owners of any land over which said
road is intended to pass, for the purchase thereof; and in case
of disagreement, or if the owner shall be feme covert, under
age, or non compos, or out of the State, on application to any
two justices of the county where the lands lie, the justices
shall issue their warrant to the sheriff of said county to sum¬
mon a jury of twelve freeholders to meet on the lands to be
valued on a day expressed in said warrant, not less than ten
nor more than twenty days thereafter; and the sheriff, on the
1800-61. Chap. 185.
235
receipt of said warrant, shall summon the jury, and when met,
shall administer an oath or affirmation—provided, six or more
appear—that they will impartially value the land in question,
and consider the damages the owner thereof may sustain in
consequence of being divested of his property therein, and that
he will not in his valuation spare any person through favor,
nor injure any one through malice and hatred; and the inqui¬
sition so taken shall be issued by the sheriff and six or more
jurors, and returned to the clerk of the county court of said
county to be recorded; and in all such cases the jury is hereby
directed to describe the lands valued, and such valuation shall
be conclusive; and the president and directors shall pay the
sum to the owner of the land valued, or their representatives;
and if neither can be found in the State, or if found, shall re¬
fuse to receive the money, then the clerk of the county court;
and on payment thereof, the said corporation shall be seized in
fee of the land so valued: Provided, no such condemnation
shall authorize said company to appropriate any house, yard or
garden of any person without the consent of the owners.
Sec. 11. Be it further enacted, The president and directors land for buiid-
may agree with the proprietors for a quantity of land, not ex-mss'
ceeding four aeres at any one place, at or near each place
intended for the collection of tolls, for the purpose of erecting
the necessary buildings; and in case of disagreement, the same
proceedings may be had, and the same conveyance shall follow,
as prescribed in the preceding section.
Sec. 12. Be it further enacted, That any stockholder may Transfer of
transfer his stock, by a deed registered in the company's books,s
after due proof of its execution, and not otherwise, except by
will; which shall also be proved and registered in the books of
the company before the person claiming under the will shall be
entitled to any part of the profits: Provided, That no transfer
shall be made except for one or more whole shares; and that
no share shall at any time be sold, conveyed, transferred or
held in trust for the use and benefit of another, whereby the
said president and directors, or stockholders, members of said
company or any of them, shall be made to answer any such trust;
but that every such person appearing to be the owner of stock
shall, as to others of the company, be to every intent and pur¬
pose taken absolutely as such; but between the trustees and
236
1860-'61. Chap. 185-186.
the person for whose benefit such trust shall be executed, the
common remedy may be pursued.
Sec. 13. Be it further enacted, That if at a general meeting
of said company, held for the election of officers, directors and
managers of said company, a majority of stock shall not be
represented, then and in that case the president and directors
then in office shall continue therein until a majority of the
stockholders so constituted can be had.
Sec. 14. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23d day
of February, 1861.]
Chap. 186. an act to incorporate the wilmington and wrightsville
turnpike company.
Books to be Section 1. Be it enacted by the G-eneral Assembly of the
opened*
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it shall be lawful to open books in
the town of Wilmington, under the direction of Edward P.
Hall, Thomas H. Wright, John A. Sanders, William H. Lip-
pett, George Harriss, Richard H. Grant and William A.
Wright, or any two of them, for the purpose of securing sub¬
capital stock. scriptions to an amount not exceeding thirty thousand dollars,
in shares of fifty dollars each, for the purpose of constructing
a road from the town of Wilmington, or from some point on
the road of the Wilmington and Topsail Sound Plank Road
company, to some point at or near Wrightsville Sound, in the
county of New Hanover.
Body corporate. Sec. 2. When the sum of one thousand dollars shall be sub¬
scribed for on the book, to be opened as aforesaid, the subscri¬
bers, their executors, administrators and assigns, shall, and are
hereby declared to be incorporated, by the name of "The
Wilmington and Wrightsville Turnpike Company," and as such
corporation shall have perpetual succession, and enjoy all the
rights and powers, and be subject to all the penalties and lia¬
bilities set forth in chapter 26, entitled " Corporations," of the
Revised Code of North Carolina; and enjoy all the rights,
powers and privileges, and be subject to all the provisions of
chapter 61, entitled "Internal Improvement," of said Revised
1860—'61- Chap. 186-187.
237
Code, so far as the same is applicable to corporations created
. for the construction of turnpike roads.
Sec. 3. It shall he lawful for the directors of said corpora- Toils,
tion to demand and receive by such agent as they may appoint,
such reasonable tolls as they may determine, from all persons
using the road to be constructed, or any part thereof; and if
any person or persons shall use said road, or any part thereof,
without paying the toll due for the portion of said road so used
by him, after the same has been demanded, every such person,
if white, or a free person of color, shall pay a fine of five dol¬
lars, to be recovered in the name and for the use of said corpo¬
ration, by warrant before any justice of the peace for the
county of New Hanover; and if such person be a slave, shall
receive such punishment by whipping as shall be adjudged by
any justice of the peace for said county, under a warrant to be
issued in the name of such corporation against such slave:
Provided, however, such whipping shall in no case exceed
twenty-five lashes.
Sec. 4. If any person shall wilfully or maliciously injure, or injury to road,
in any maiyier damage or obstruct said road, or any toll-gate,
bridge, or other property of such corporation, or shall counsel,
advise, aid or assist any person so to do, such person or per¬
sons so offending shall be liable to indictment therefor in the
county or superior courts of the county of New Hanover, and
on conviction, shall be fined or imprisoned at the discretion of
the court in which such conviction shall take place. [Ratified
the — day of February, 1861.]
an act to amend an act passed at the session of 1850-51, Chap. 187.
amendatory of an act entitled an act to incorporate
the m'dowell and yancey turnpike, passed at the ses¬
sion of 1848 and '49.
Section 1. Be it enacted by the G-eneral Assembly of North $3,000 appropn-
Carolina, and it is hereby enacted by the authority of the same,
That in addition to the subscription already made on the part
of the State to the McDowell and Yancey Turnpike road, that
the Internal Improvement board are hereby authorized, in the
manner provided by section third of said act of 1850 and '51,
238
1860-61. CHAP. 187-188.
to make an additional subscription on behalf of the State of
three thousand dollars to said road.
Governor to ap- gee. 2. Be it further enacted, That the governor shall
point commis- _ J * °
sioners. appoint three commissioners on the part of the State, "who,
with two others to be appointed by the said company, shall
constitute the board of directors of the same. [Ratified the
19th day of February, 1861.]
MISCELLANEOUS.
Chap. 188. an act to authorize certain persons in the county op
wake to send their children to A common school in
the county op granville.
Authority
given.
Division of 1
school fund.
Reports.
Section 1. Be it enacted by the (feneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it may and shall be lawful for Allen
Baily and Wm. C. Mangum, of common school district No.
57, in the county [of] Wake, to send to the schoo^ in district
No. 47, in the county of Granville: Provided, That the chil¬
dren of the said Baily and Mangum shall be numbered in the
county of "Wake.
Sec. 2. Be it further enacted, That the said Allen Baily
and Wm. C. Mangum shall annually report in writing the
number and names of their children over six and under twenty-
one years of age to the board of superintendents of common
schools of Wake county, at the time and under the penalty
prescribed for the reporting of the number and names of the
children in the various districts in the State by the committees
thereof. And the said board of superintendents, when dividing
the school fund of the county among the districts, shall con¬
sider the families of the said Baily and Mangum as consti¬
tuting a separate district.
Sec. 3. Be it further enacted, That at the end of the
schools in district No. 47, in Granville county, the said Baily
and Mangum shall make reports of the same to the chairman
of the board of superintendents of Wake county, in the manner
that other reports from schools are made, and shall be author¬
ized to accompany said reports with a draft on the said chair-
1860-61. C^ap. 188-189.
239
man of Wake county for any sums in his hands due to them as
a separate district, and in favor of the teachers of said school
in district No. 47, in the county of Granville.
Sec. 4. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 23rd day
of February, 1861.]
an act to authokize the sale of the old jail, in the Chap. 189.
county of wilkes.
Section 1. Be it enacted by the General Assembly of the authorizes
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That C. J. Cowles, S. J. Jennings and E.
M. Wellborn, of the county of Wilkes, be, and they are hereby
appointed commissioners to sell the old jail of Wilkes county,
and the lot of land on which it is situated in the town of
Wilkesboro'.
Sec. 2. Be it further enacted, That the aforesaid commis- Sale to be ad-
y ' _ vertised.
sioners,- or a majority of them, are hereby directed and re¬
quired to advertise the sale of the aforesaid property, at the
court-house door in Wilkesboro', and three other public places
in the county, for at least thirty days previous to the sale, and
that they sell the property aforesaid at the court-house door in
Wilkesboro' publicly, giving a credit of six months; and that
the commissioners aforesaid be required to take bond and good
security, made payable to them as commissioners; and that
they may sell the old jail and the lot on which it stands, either
together or separately, as they may think best, and when the
purchase money shall fall due, the said commissioners shall
proceed to collect the same and pay it over to the county trea¬
surer of Wilkes county, to be by him applied to the use of said
county. And upon the payment of the purchase money afore¬
said, it shall be the duty of said commissioners to make title
to the property herein directed to be sold, as aforesaid.
Sec. 3. Be it further enacted, That this act be in force from
and after its ratification. {Ratified the — day of February,
1861.]
240
1860-61. Chap. 190-191.
Chap. 190. an act to repeal an act passed at the session oe 1858-9,
entitled "an act to limit the powers oe different
constables in cherokee and roberson counties to the
districts to which they are elected."
Repealing Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That so much of the above recited act as
relates to the counties of Cherokee and Roberson he, and the
same is hereby repealed.
Sec. 2. Be it further enacted, That this act take effect
and he in force from and after its ratification. [Ratified the
2Qth day of January, 1861.]
Chap. 191. an act to incorporate the greensboro' hotel company.
Body corporate. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That David McKnight, Peter Adams,
W. J. M. Connel, E. P. Jones, Joab Hiat, C. G. Yates, D. P.
Weir, C. P. Mendenhall, Jesse H. Lindsay, and such other
persons as are now with them, or as hereafter may he associ¬
ated with them, their successors and assigns, shall he, and are
hereby created, constituted and declared a body corporate and
politic, by the name of the " Greensboro' Hotel Company,"
and by that name they, and their successors, for thirty years,
may [have] a common seal, and shall be capable of sueing and
being sued, pleading and being impleaded in all the courts of
this State and the United States, and may hold, possess, ac¬
quire and enjoy real and personal estate, and shall exist for
thirty years.
capital stock. Sec. 2. Be it further enacted, That the capital stock of
said company shall not exceed one hundred thousand dollars,
divided into shares of fifty dollars each, and shall be declared
personal estate.
officers, &c. SEC* 3. Be it further enacted, That said company shall
have power and authority to make rules and by-laws for its
good government, to provide for the appointment of the direc¬
tors, president and other officers of said company, the mode of
1860-61. Chap. 191-192-193.
241
transfer and representation of its stock, the penalties and for¬
feitures to be imposed on delinquent subscribers, the manner
and time in which stock forfeited may be sold, and the mode of
transferring the same, and all other matters and things neces¬
sary for the proper management and conduct of said company.
Sec. 4, Be it further enacted, That this act shall be in
[force] from and after its ratification. [Ratified the 18th day
of February, 1861.]
an act to provide for taking the list oe taxables in Chap. 192.
oregon district, beaufort county.
Be it enacted ly the Cfeneral Assembly of'the State of court to appoint
Forth Carolina, and it is hereby enacted by the authority Oyofficers-
the same, That the county court of Beaufort county be, and
are hereby authorized to appoint a justice of the peace to take
the list of taxables in Oregon district of Beaufort county;
also, to appoint a district board of assessors to value the lands
in said district under the same regulations as they are now
empowered to appoint them for the various captain's districts
of said county. [Ratified the ZQth day of January, 1861.]
an act to incorporate warren lodge, no. 101 a. y. m. Chap. 193,
Be it enacted by the Ceneral Assembly of the State of Body politic.
Forth Carolina, and it is hereby enacted by the authority of
the same, That the officers and members who are at present,
or in future may be of Warren Lodge, No. 101 of Free and
Accepted Masons, in the town of Kenansville, county of
Duplin, be, and they are hereby incorporated into a body pol¬
itic and corporate, under the name and style of " Warren
Lodge, No. 101 of Free and Accepted Masonsand by that
name may have succession and a common seal, sue and be
sued, plead and be impleaded in any court of record, or before
any justice of the peace in this State, contract and be con¬
tracted with, acquire, hold and dispose of personal property
for the benefit of said Lodge, and also such real estate as may
be required for the convenient transaction of its business.
16
2^2
1860-61. Chap. 193-194.
by-iaws. Sec. 2. Be it further enacted, That the said corporation
shall have power to pass all necessary by-laws and regulations
for its own government which may not be inconsistent with the
constitution and laws of the State or of the United States.
Sec. 3. Be it further enacted, That this act shall be in
force from«and after its ratification. [Ratified the 20th day
February, 1861.]
Chap. 194. an act for the appointment of an additional inspector
of flour, provisions and forage in the town of wil¬
mington.
An additional Section 1.* Be it enacted by the Greneral Assembly of the
appointed!0 ^ State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the court of pleas and quarter ses¬
sions for New Hanover, at the first term after the passage of
this act, may, in their discretion, appoint one inspector of
flour, provisions and forage, in addition to the two by them
already appointed to serve until the March term, A. D. 1862,
of said court, and to perform the same duties, receive the same
fees, and be subject to the same rules, regulations and restric¬
tions, in his said office, as the said two inspectors are now by
law bound to perform and receive, and be regulated and gov¬
erned by and under the act or acts of Assembly authorizing
the appointment of said inspectors of flour, provisions and
forage in said town of Wilmington, prescribing the duties,
regulating their fees, and controlling and sustaining them, in
all regards, in their said office.
Future appoint- Sec. 2. Be it further enacted, That the said court may, in
ments. manner^ a^ term, A. D. 1862, of said
court, and at the time fixed, to wit: their March term every
two years thereafter, appoint three inspectors of flour, provi¬
sions and forage for said town, instead of two, as heretofore,
and under the same rules, regulations and restrictions as have
been heretofore prescribed in the appointment of the said two
inspectors.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the lOfA day of
December, I860.]
1860-61. Chap. 195-196.
243
an act to incorporate the independent order of odd Chap. 195.
fellows, swannanoa lodge, no. 56, at ashville, in the
county of buncombe.
Section 1. Beit enacted by the General Assembly of the Body politic.
Stdte of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Samuel G. Keer, E. J. Aston, J.
L. Henry, John Hilderbrand, Daniel Stevenson, and their as¬
sociates, who are members of Swannanoa Lodge, No. 56, at
Ashville, in the county of Buncombe, of Independent Order
of Odd Fellows, be, and they are hereby incorporated into a
body politic and corporate, under the name and style of
"Swannanoa Lodge, No. 56, Independent Order of Odd Fel¬
lows," and by that name may have perpetual succession and
a common seal which may be altered at pleasure, sue and be
sued, plead and be impleaded in any court of record, or before
any justice of the peace in this State, contract and be con¬
tracted with, acquire, hold and dispose of personal property
for the purposes and benefit of said Lodge, and for such library
as it may see proper to establish, and also such real property
as may be required for the convenient transaction of the busi¬
ness of the same.
Sec. 2. Be it further enacted, That said corporation shall By-laws,
have power to pass all necessary by-laws and regulations for
its government and government of any library it may see
proper to establish : Provided, Such by-laws and regulations
may not be inconsistent with the constitution and laws of this
State or of the United States.
Sec. 3. Be it further enacted, That this act shall be in
force and take effect from and after its ratification. [Ratified
the Vdth day of J^ebruary, 1861.]
an act to incorporate "green hill cemetery," in the Chap. 196.
county of buncombe.
Section 1. Be it enacted by the General Assembly of the body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Nicholas W. Woodfin, William John¬
ston, Jas. A. Patton, Bacchus J. Smith, Branch H. Merriman,
244
1860-61. Chap. 196.
Jephtha M. Israel, Robert B. Yance, Alfred B. Churn, and
such other persons as may associate themselves "with them for
the purpose hereinafter mentioned, be, and they are hereby
made a body politic and corporate, by the name and style of
" Green Hill Cemetery," and by that name may sue and be
sued, plead and be impleaded in all the courts of this State,
contract and be contracted with, and may have a common seal.
powers. Sec. 2. Be it further enacted, That said corporation may
acquire, take and hold a lot or tract of land, containing not
more than twenty-five acres, for the purpose of establishing a
burial-ground at or near the town of Ashville, in the county of
Buncombe, and may sell or otherwise dispose of the same, or
any part thereof, to be used exclusively as a cemetery, or place
for the burial of the dead; and all moneys received for or on
account of the sale of lots in the said cemetery, shall first be
applied by said corporation to the payment of the purchase
money of the land whicb it may acquire, and tbe residue
thereof shall be expended in improving and embellishing such
land, and in such other way and for sueb other purposes as
said corporation may deem expedient; and said corporation
may acquire such personal property as may be necessary to
effectuate the purpose contemplated by this act.
property ex- Sec. 3. Be it further enacted, That the real estate of said
taxation. corporation, and the lots or plots, when conveyed by said cor¬
poration to individual proprietors, shall be exempt from assess¬
ment and taxation, and not liable to be sold under any
execution, or to be applied to the payment of debts by assign-
. ment under any insolvent law.
injury to pro- Sec. 4. Be it further enacted, That if any person shall
wilfully destroy, mutilate, deface, injure or remove any tomb,
monument or grave-stone, or other structure placed in the
cemetery aforesaid, or any fence, railing or other work for the
protection or ornament of said cemetery, or of any tomb, mon¬
ument or structure aforesaid, or of any cemetery lot within the
cemetery aforesaid, or shall wilfully destroy, cut, break or im¬
pair any tree, shrub or plant within the limits of said cemetery,
such person so offending shall be deemed and held guilty of a
Penalty. misdemeanor, and upon conviction thereof, shall be fined or
imprisoned at the discretion of the court, and shall be moreover
liable in an action of trespass which may be brought in the
1860-61. Chap. 196-197.
245
name of said corporation for sucli damages by such unlawful
act.
Sec. 5. Be it further enacted, That the land which said Title to land,
corporation is by this act authorized to acquire, shall, when
dedicated to that purpose, remain forever dedicated to the pur¬
pose of a cemetery, and any lot or lots therein conveyed by
said corporation may be so conveyed that upon such convey¬
ance, or after there shall have been an interment therein, the
said corporation may have authority to extend interments
therein to such person or persons, or class of persons, as may
be designated and prescribed in the conveyance under which
said lot or lots shall be taken and held.
Sec. 6. Be it further enacted, That said corporation may conveyance of
prescribe the form of conveyance for any lot or lots in said
cemetery, and how the same shall be executed, and shall have
full power to make all such by-laws and regulations as may be
necessary to conduct the affairs of said corporation, and to im¬
prove and embellish said cemetery: Provided, The same be
not inconsistent with the constitution and laws of this State
and United States.
Sec. 7. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 19th day of
February, 1861.]
ah act to incorporate kilwinning lodge, no. 64, a. y. m., Chap. 197.
in the town op wadesboro', county op anson.
Section 1. Be it enacted by the G-eneral Assembly of the body politic,
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the officers and members who are at
present, or in future may be of Kilwinning Lodge, No. 64, of
Ancient York Masons, in the town of Wadesboro', county of
Anson, be, and they are hereby incorporated into a body poli¬
tic and corporate, under the name and style of " Kilwinning
Lodge, No. 64, Ancient York Masons," and by that name may
have succession and a common seal, sue and be sued, plead
and be impleaded in any court of record, or before any justice
of the peace in this State, contract and be contracted with, ac¬
quire, hold arid dispose of personal property for the benefit of
246 1860-61. Chap. 197-198-199.
said lodge, and also such real estate as may be required for the
convenient transaction of its business.
bylaws. Sec. 2. Be it further enacted, That the said corporation
shall have power to pass all necessary by-laws and regulations
for its government which may not conflict with the constitution
and laws of this State, or of the United States.
Sec. 3. Be it further enacted, That this act shall be in
force and take effect from and after the ratification thereof.
[Ratified the 18th day of February, 1861.]
Chap. 198. an act for the relief of evans Ferguson and ben smith.
Preamble. Whereas, His Excellency Governor Ellis did, two or three
weeks ago, issue his proclamation, offering a reward of four
hundred dollars for the arrest and delivery to the sheriff of
Northampton county of one Ephraim, a slave, charged with
the murder of one Lucius Woodruff: And whereas, Evans Fer¬
guson and Ben Smith, free persons of color, did arrest said
Ephraim, and him safely keep till many citizens of said county
took possession of him : And whereas, The governor is not au¬
thorized to pay to said Ferguson and Smith the reward afore¬
said, because they failed to deliver said slave to the sheriff
aforesaid: Therefore—
thorized^o^a ^ enac^ ty the General Assembly of the State of Forth
reward. Carolina, and it is hereby enacted by the authority of the
same, That the governor be, and is hereby authorized and in¬
structed to pay unto the said Ferguson and Smith four hun¬
dred dollars out of any money in the treasury not otherwise
appropriated. [Ratified the 18th day of February, 1861.]
Chap. 199. an act to authorize daniel p. johnson and ambrose sutz
to establish a toll bridge on the catawba river.
Authority Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Daniel P. Johnson, of Burke county,
and Ambrose Sutz, of the county of Caldwell, their heirs,
devisees and assigns, be, and they are hereby authorized and
1860-61. Chap. 199.
247
empowered to erect and keep up a toll bridge across the Ca¬
tawba river, at such point on said river as they may select as
being most eligible and suitable to effect a direct communica¬
tion between the town of Lenoir, in Caldwell county, and
Icard station, on the Western North Carolina Railroad, in
Burke county; and ask, demand and receive the following
tolls, to wit: For every pleasure carriage, fifty cents; for
every two-horse buggy, forty cents; for every one-horse buggy,
twenty-five cents; for every five or six-horse wagon, seventy-
five cents; for every four-horse wagon, fifty cents; for every
three-horse wagon, forty cents; for every two-horse wagon,
thirty cents ; for man and horse, ten cents; for every one-horse
wagon, twenty-five cents; for every cart, twenty cents; for
every person on foot, five cents; for every loose horse and mule,
five cents each; for every hog or sheep, two cents; for every
cow, three cents; and for every animal on foot intended for
exhibition, twenty-five cents.
Sec. 2. Be it further enacted, That every person who shall Refusing to pay
cross said bridge and refuse to pay the toll prescribed in this
act shall, in addition to the toll for which he is liable, forfeit
and pay the sum of five dollars, to be recovered before any
justice of the peace by the owner or owners of said bridge.
Sec. 8. Be it further enacted, That from and after said public high-
bridge shall be opened as a toll bridge, it shall be deemed and way'
held to be a public highway, and the owner or owners thereof
shall, on failure to keep the same in good and sufficient repair,
so that the public can cross it with convenience and safety, be
subject to indictment, in the same manner that overseers of
public highways now are.
Sec. 4. Be it further enacted, That the county courts of Land to be laid
Burke county, and of Caldwell county, upon the petition of the off"
said Daniel P. Johnson and Ambrose Sutz, shall respectively
appoint three disinterested freeholders in their respective coun¬
ties, to view the banks of said river where the said bridge is to
be located; and the freeholders appointed by Burke -county
court shall lay off to the use of said petitions [petitioners] one
half acre of land on the side or bank of said river which is in
Burke county, and assess the value thereof, and make report
thereof to the county court next succeeding; and upon said
petitioners paying to the owners the value of said land so
248
1860-'61. Chap. 199-200.
assessed, -with all cost incurred in said county courts respec¬
tively [by] reason of their said petition, then the said courts
respectively shall confirm the report of said commissioners,
and condemn the aforesaid half acre of land on either bank of
said river to the use of said petitioners: Provided, however,
That nothing herein contained shall prevent the owner or own¬
ers of said land from taking an appeal from said judgment, as
in other cases of appeal.
Sec. 5. Be it further enacted, That this act shall be in force
from and after its ratification. \_Ratified the 22d day of Feb¬
ruary, 1861.]
Chap. 200. an act for the relief of daniel daughtertry.
Preamble. Whereas, Daniel Daughtertry, of the county of Craven,
lately intermarried with Jane L. Davis, also of said county,
and at the time of said marriage the father of said Jane L.
was not living; and it being ascertained subsequent to said
marriage, that at the time of the celebration thereof, said Jane
L. was not quite of the age of fifteen years, the said Daniel
being thereby subject to all the pains, penalties, disabilities
and forfeitures according to the act of Assembly in such cases
provided; and it appearing that said marriage took place with
the full and free consent of the mother and all the immediate
family of said Jane L., and that the same is an eligible match,
and the said feme covert possesses but a small estate, consist¬
ing principally of lands, and that her interest will be greatly
promoted by releasing her said husband of the pains, penalties,
disabilities and forfeitures aforesaid:
Relieved from Be it enacted by the Greneral Assembly of the State of Forth
operation of ~ • 7 * it t 7 • /» 7
?hapUsee's Carolina, and it is hereby enacted by the authority of the
10 and 11. same, That said Daniel Daughtertry be, and he is hereby re¬
lieved, discharged and exempt from all the pains, penalties,
forfeitures and disabilities under the provisions of the act of
Assembly, Revised Code, chapter 68, sections 10 and 11, in¬
curred by reason of his marriage with said Jane L. before she
was of the age of fifteen years; and that the said Daniel have
and enjoy all the rights, legal and equitable, as husband of
1860-61. Chap. 200-201-202.
249
said Jane L., as he would have done had said marriage been
solemnized after the said Jane L. had arrived at the age of
fifteen years.
Sec. 2. Be it further enacted, That this act be in force
from and after its ratification. [Ratified the 31s£ day of
January, 1861.]
an act to amend the revised code. Chap. 201.
Section 1. Be it enacted by the General Assembly of the Amendment.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the first clause of the thirty-second
section of the sixty-sixth chapter of the Revised Code be
amended, by striking out, in the second line of said section,
the words, "shall levy a tax," and inserting the words, "may,
if they think proper, levy a tax," instead: Provided, That
this act shall not apply to any county in the State, except the
counties of Ashe and Alleghany.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 25th day
of February, 1861.]
an act to incorporate the " greensboro' cemetery com- Chap. 202.
PANY."
Section 1. Be it enacted by the General Assembly of the Body politic.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Jesse H. Lindsey, Peter Adams,
Andrew Weatherby, James Sloan, Richard Sterling, D. P.
Wier, David McKnight, N. H. D. Wilson, C. G. Yeates, W.
J. McConnell, C. P. Mendenhall, or any five of them, and
their successors, and all persons who may hereafter be asso¬
ciated with them, be, and they are hereby created a body
politic and corporate in law, under the name and style of the
" Greensboro' Cemetery Company," and shall be subject to
all the rules and regulations contained in the Revised Code,
chapter twenty-six, so far as they are applicable to such a
250
1860-61. Chap. 202-208.
corporation, and not inconsistent with the provisions of this
act.
Sec. 2. Be it further enacted, That the property of the
said company, and the interest of each corporator therein,
shall be exempt from execution, and shall not be subject to the
payment of any taxes whatever; and that the rights and inte¬
rests of the several corporators shall not pass into the hands
of personal representatives, but, in the event of death, shall
remain in the families of each, according to the course of
descent.
Sec. 3. Be it further enacted, That no street, lanes, roads
or alleys shall, at any time, be made or established over the
lands of said company, or any part thereof, without its con¬
sent, nor shall the same be condemned or taken in any manner
for any public use without such consent.
Sec. 4. Be it further enacted, That said company shall
hold no more real estate than may be necessary for cemetery
purposes and the transportation [transaction] of its business.
'[Ratified the22d day of February, 1861.]
Chap. 203. an act to prevent the sale op spirituous liquors within
two miles op reynoldson institute, in the county op
gates, and springhill academy, in robeson county.
Sale prohibited. Section 1. Be it enacted by the Gieneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That all persons are hereby prohibited
frotn selling spirituous liquors within two miles of Reynoldson
Institute, in the county of Gates, and Springhill Academy, in
penalty. Robeson county, on pain of forfeiting twenty-five dollars for
each and every violation of this act, to be recovered by war¬
rant before any justice of the peace of said county; one-half
to the use of the person suing for the same, the other half to
the use of the said institute, to be applied as the trustees
may direct; and shall also be subject to indictment, and, on
conviction, shall be fined not less than ten, nor more than fifty
dollars.
Sec. 2. Be it further enacted, That no license to retail
Property ex¬
empt from
execution and
taxation.
1860-61.'
■Chap. 203-204.
251
spirituous liquors at the site, or within two miles of said
institute, shall he granted, and, if granted, shall he void.
Sec. 3. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 22d day
of February, 1861.]
an act to incorporate the " ashville water company," Chap. 204.
in the county of buncombe.
Section 1. Be it enacted by the G-eneral Assembly of the Body corporate.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That W. D. Rankin, M. Patten, J. F. E.
Hardy, E. J. Aston, M. M. Gains, and other persons who may
unite with them to convey water to the town of Ashville and
supply the same with water, and with a view to avail them¬
selves of the provisions of this act, shall and may become a
hody corporate and politic, under the name and style of the
"Ashville Water Company," and as such shall have continual
succession, sue and he sued, plead and he impleaded, contract
and he contracted with, and have a common seal. Said corpo- Powers,
ration may acquire lands and personal property necessary to
effectuate the said purpose, not exceeding in value fifteen
thousand dollars. The corporation shall he deemed to he con¬
stituted and formed so soon as the said persons, and sgch
others as may associate themselves with them, shall assemble
in general meeting and organize, by electing a resident [presi¬
dent], treasurer and five directors.
Sec. 2. Be it further enacted, That members of said cor-Powere.
poration shall have full power to divide the capital of the
same into shares; to make all necessary by-laws and regula¬
tions for its government and good regulation, not inconsistent
with the constitution and laws of this State and the United
States.
Sec. 3. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 18tfA day
of February, 1861.]
252
1860-61. Chap. 205.
Chap. 205. an act to incorporate the wilmington water works com¬
pany.
Body politic Section 1. Be it enacted by the Gceneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Edward Ridder, Silas N. Martin,
Joseph H. Flanner, Francis W. Potter, London, and all other
persons who may associate with them in [in] the manner pre¬
scribed, shall be a corporation and body politic, by the name
of the " Wilmington Water Works Company," and they are
hereby invested with all the privileges, rights and powers con¬
fined [conferred] upon bodies corporate and politic, by the 26th
chapter of the Revised Code.
Capital stock. Sec. 2. Be it further .enacted, That the capital of said
company shall consist of thirty thousand dollars, with the power
to increase the same to sixty thousand dollars, to be divided
into shares of fifty dollars each, and said company shall con¬
tinue in existence thirty [30] years.
Powers. Sec. 3. Be it further enacted, That said corporation shall
have power to erect all such houses, tanks, hydrants, pumps
and other fixtures in the town of Wilmington anc^its vicinity,
necessary or convenient for the purposes of supplying the town
of Wilmington or any part thereof with water, to lay pipes or
other conductors for conveying water through, upon, over or
under any or all of the streets, alleys or public lots or squares
of the town of Wilmington, and also, from time to time, repair,
re-construct, maintain and preserve all such works, fixtures,
pipes, machines and other property held by them, as shall be
necessary for conducting the business of said company.
damage to pro- Sec. 4. Be it further enacted, That if any person or per-
perty" sons shall negligently or wilfully, by any means whatsoever,
injure or destroy any conduit pipe, cock, machine, building
or structure of any kind whatsoever, or anything appertaining
to the works of said company, the person so offending shall
forfeit and pay to said company double the amount of damage
sustained by such injury, and the same may be recovered by
any court of record in New Hanover county, and shall
moreover be subject to indictment in said county, and upon
conviction shall be fined or imprisoned at the discretion of the
court.
1860-61 Chap. 205-206.
258
Sec. 5. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 18th day
of February, 1861.]
an act to incorporate " the buncombe powder manufac- Chap. 206.
turing company," located in buncombe county.
Section 1. Be it enacted by the G-eneral Assembly of the app^™ted°ners
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Nicholas W. Woodfin, William F.
McKenan and Crockford he, and they are hereby ap¬
pointed commissioners, with power and authority to open
books and receive subscriptions to the amount of fifteen thou¬
sand dollars, which shall constitute the capital stock of the
company hereby incorporated for the purpose of the manufac¬
ture of powder.
Sec. 2. Be it further enacted, That the said capital stock shares of stock,
shall be divided into shares of one hundred dollars each, and as
soon as two thousand dollars shall be subscribed, it shall be
the duty of said commissioners, or any one of them, to notify
the stockholders, by advertisement, to attend at such time
and place as maybe designated; and if a majority of the shares
subscribed shall be represented at such meeting, then it shall ^P°j.gtment of
be lawful for the stockholders to appoint a president, treasurer
and five directors for the term of one year, and until the next
general meeting of the stockholders, and the president and
directors, when so appointed, and their successors in office,
shall constitute a body corporate and politic in law, by the
name and style of "The Buncombe Powder Manufacturing corporate title.
Company," and may sue and be sued, pleaded and be impleaded,
and as such shall have a corporate existence for thirty years,
shall have a common seal, and have all other and necessary
powers incident to corporate companies, which may be neces¬
sary to effectuate the object had in view by this act.
Sec. 8. Be it further enacted, That said company, at a Regulations as
general meeting of the stockholders, in pursuance of the pro- stock!111011'°f
visions of the last section of this act, shall fix upon such regu¬
lations, in reference to the payment of the stock subscribed
and the representation of the same, as they may deem propel,
254
1860-61. Chap. 206-20T-208.
and they shall have power to make all necessary by-laws and
regulations, for the government of said company, not incon¬
sistent with the constitution of 'this State and the United States.
Sec. 4. Be it further enacted, That this act shall be in
force and take effect from and after its ratification. [Ratified
the 23d day of February, 1861.]
Chap. 207. an act concerning the management op the poor in the
county op porsythe.
Sale ot delivery Section 1. Be it enacted by the General Assembly of the
hibited.spr° State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That it shall not be lawful for any person
to sell or deliver to any pauper residing at the poor-house of
the county of Forsythe, any spirituous liquors, or liquor of
which spirituous liquor may be a chief ingredient, without per¬
mission in writing from the overseer or keeper of the poor-house
aforesaid for the time being,
penalty. Sec. 2. Be it further enacted, That any person offending
against the provisions of this act shall forfeit and pay the sum
of five dollars, one-half to the overseer or keeper of the poor-
house aforesaid, for the use of the poor, and the other half to
him who will sue for the same.
How recovered. Sec. 3. Be it further enacted, That all penalties accruing
under this act shall and may be recovered by warrant before
any justice of the peace for the county of Forsythe. [Ratified
the 22d day of February, 1861.]
Chap. 208. an act to incorporate the albemarle steam packet
company.
Body corporate. Section 1. Be it enacted by the General Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That Edward Wood, John H. Leary,
Richard Paxton, Henry A. Bond, John Thompson, John Bond,
Joseph Norcom, Thomas W. Hudgins, Robert R. Felton, Peter
F. White, John M. Jones, Joseph S. Jones, John Hall, John
T. Mebane, James M. Sumner, Benjamin S. Skinner, John
1860-'61.—CHAP. 208.
255
Skinner, James M. Whedbee, Hiram Freeman, John A. An¬
derson, James L. Anderson, Jackson B. Hare, Daniel Valen¬
tine, It. H. Shields and such other persons as are now associated
with them, or as hereafter may be associated with them, their
successors and assigns, shall be, and are hereby created, con¬
stituted and declared a body corporate and politic, by the name
of "The Albemarle Steam Packet Company," and by that Powers,
name shall be in law capable of suing and being sued, pleading
and being impleaded, shall have a common seal, and be invested
with all the rights and privileges, and Tbe subject to all the
regulations and restrictions' contained in the 26th chapter of
the Revised Code, so far as the same are applicable to such a
corporation, and are not inconsistent with the provisions of this
act.
Sec. 2. Be it further enacted, That the capital stock of Capital stock,
said company shall consist of sixty thousand dollars, with the
privilege of increasing the same to one hundred and fifty thou¬
sand dollars, divided into shares of one thousand dollars each.
Sec. 3. Be it further enacted, That the said company Powers,
may, in addition to the steamboat now in course of construction,
build such other steamers as the wants of the company may
require from time to time, employ them in conveying passengers
and freight in any of the waters of North Carolina and Vir¬
ginia, as may appear expedient for the interest and well being
of the company.
Sec. 4. Be it further enacted, That the said company shall Powers,
have power to hold, possess, acquire and enjoy such real and
personal estate as may be necessary for the transaction of its
business, and from time to time to make all necessary rules,
regulations and by-laws for the government and direction of
the concerns thereof, not inconsistent with the constitution and
by-laws of the State and of the United States, and said com¬
pany shall have corporate existence for thiry years.
Sec. 5. Be it further enacted, That this act shall be in force
from and after its ratification. \_Ratified the 25th day of
February, 1861.]
RESOLUTIONS
OP A PRIVATE NATURE, PASSED BY THE
GENERAL ASSEMBLY
OF
NORTH-CAROLINA.
1860-'61.
A RESOLUTION FOR THE RELIEF OF THE SECURITIES OF C.
GRIGG.
Refunds $100. Resolved, That the chairman of the hoard of superintendents
of common schools for the county of Cleaveland be authorized
and required to refund to G. Dickson, E. Hippy, A. R. Homes-
ley, J. E. Stephens, Martin Rippy, Wm. McSwain and J. Car¬
roll, securities of C. Grigg, late sheriff of said county, the sum
of one hundred dollars, it being a forfeiture by the said sheriff
for failing to pay over to said chairman the school tax due for
the year one thousand and eight hundred and fifty-seven, which
sum was paid by his securities. [Ratified the 23d day of
February, 1861.]
RESOLUTION IN FAVOR OF JOSIAH COLLINS.
Refunds over- Resolved, That the public treasurer be, and he is hereby
paid taxes. authorized and required to pay to Josiah Collins, agent for
Thos. P. Devereux, H. R. Burgwin and T. P. Burgwin, (out
of any money in the treasury not otherwise appropriated,)
thirteen dollars, for taxes overpaid for the years 185T, 1858
and 1859. ['Ratified the 22d day of February, 1861.]
1860-61. Resolutions.
257
resolution in favor of p. a. smith, administrator of the
estate of m. m. plunkett, dec'd.
Section 1. Be it enacted by the Greneral Assembly of the Authorized to
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That P. A. Smith, administrator of the
estate of M. M. Plunkett, dec'd, late sheriff of Cabarrus
county, be authorized and empowered to collect arrearages of
taxes due said Plunkett: Provided, No person shall be re¬
quired to pay any arrearages of tax who is wjlling to make
oath or affirmation, or offer other satisfactory proof before any
magistrate, that said tax has been paid: And provided fur¬
ther, That the privilege herein granted shall only extend to
taxes due within three years next before this act shall go into
effect.
Sec. 2. Be it further enacted, That this act shall be in
force for six months next ensuing from and after its ratifica¬
tion. [jRatified the 22d day of February, 1861.]
a resolution in favor of r. r. heath, george howard,
r. m. saunders and w. a. jenkins.
Resolved, That the public treasurer be, and he is hereby pay for extra
authorized and directed to pay to Hon. R. R. Heath, Hon.courts'
George Howard and Hon. R. M. Saunders, judges of the supe¬
rior court, the sum of ninety dollars each, for holding courts
of oyer and terminer respectively in the counties of Currituck,
Northampton and Caswell; and to W. A. Jenkins, attorney
general, fifty dollars, for services in the court of oyer and
terminer in Northampton county. [Ratified the 23d day of
February, 1861.
resolution in favor of daniel tucker.
Whereas, It has been certified to the present General As- anowance of
sembly, by the county court of Lincoln county, that Daniel
Tucker, a resident of said county, is an old, infirm and indi¬
gent militia-man, who was in the militia service of the State in
17
258
1860-61. Resolutions.
the war of 1812, and that he is incapable of procuring subsist¬
ence for himself and family: Therefore,
Resolve#, That the public treasurer pay to said Daniel
Tucker, of Lincoln county, the sum of forty dollars, as an
allowance for himself and family for one year. [Ratified the
23d day of February, 1861.]
resolution in favor oe d. w. courts, public treasurer.
Resolved, That D. W. Courts, Esq., he allowed to retain
five hundred dollars, out of any money in his hands, as com¬
pensation for negotiating a loan of $251,350 in specie, on
behalf of the literary fund in 1859. [Ratified the 23d day of
February, 1861.]
resolution in eavor" oe the estate oe george crofton.
To pay $60. Resolved, That the public treasurer be, and he is hereby
authorized and directed to pay to George EL Crofton, adminis¬
trator of George Crofton, dec'd, late of Bladen county, the
sum of sixty-nine dollars ($69), amount overpaid by the said
administrator's intestate as taxes, July 1, 1859, under a mis¬
apprehension of the revised law. (Ratified the 25th day of
February, 1861.]
resolution IN favor of l. n. b. battle, esq.
Pays $ii 69. Resolved, That the public treasurer be, and he is hereby
authorized and required to pay to L. N. B. Battle, executor of
Wm. L. Battle, dec'd, the sum of eleven dollars and sixty-nine
cents ($11 69), being amount of State tax overpaid by him.
[Ratified the 22d day of February, 1861.]
1860-61. Resolutions.
259
a resolution in favor of clark bird.
Resolved, That the secretary of State be directed to issue a Issues grant or
grant to Clark Bird, of the county of Macon, for a tract of
land, known as section number eleven in district number seven¬
teen of said county: Provided, That the said Clark Bird shall,
within the year 1861, produce a statement from the agent of
the State for the collection of Cherokee bonds, showing that
his bonds, with approved security, are on file in the office of
said agent for the amount heretofore fixed by law as the price
of the said tract of land. [Ratified the 23d day of February,
1861.]
resolution in favor of jesse m'gee, of haywood county.
Resolved, That the agent for the State for the collection of Refunds. •
Cherokee bonds be authorized and required to pay Jesse
McGee, of Haywood county, twenty-five dollars, upon satis¬
factory proof that he has overpaid that amount into that office,
and that the agent of the State be allowed that amount in the
settlement of his accounts with the State. [Ratified the 22d
day of February, 1861.]
resolution in favor of principal and assistant clerks
of the senate and house of commons.
Resolved, That the public treasurer be, and he is hereby $150 each ai-
authorized to pay to the principal clerk of the Senate and the
principal clerk of the House of Commons, one hundred and
fifty dollars extra of what is now allowed by law for copying
and preparing for the press the journals, and that they be
allowed sixty days for the completion of the same.
Resolved, That the public treasurer be, and he is hereby $ioo each ai-
authorized to pay the assistant clerk of the Senate and to the
assistant clerk of the House of Commons one hundred dollars
for their services. [Ratified the 2Qth day of February, 1861.]
260
1860-61. Resolutions.
resolution concerning the distribution of the revised
code.
Return of jus- Section 1. Resolved, That on or before the first day of
tic6& to be ^
made. July next, the secretary of State he, and he is hereby directed
to write a circular letter to the clerks of county courts in each
and every county of this State, requesting said clerks to in¬
form him, under their seal of office, of names of the acting
justices of the peace in their respective counties who have
qualified since the passage of this resolution; also the names
of those that are acting, who may have qualified since the act
of 1858 and 1859, who may not have been -furnished with a
copy of the Revised Code, as well as those appointed at this
session, and qualified before the rendition of the list hereby
required to be made.
Report to gov- Sec. 2. Resolved, further, That the secretary of State be
required to lay the said information, when obtained, before
the governor, whose duty it shall be to forward one copy of
the Revised Code to each and every of the said justices whose
names are submitted by said clerks.
Residue. Sec. 8. Resolved, further, That it shall be the duty of the
governor, after having completed the distribution of the Re¬
vised Code as aforesaid, to have all the remaining copies de¬
posited in such manner and at such places as will best secure
their safe keeping: Provided, nevertheless, That it shall still
be the duty of the governor to cause sale to be made of the
Code not hereby ordered to be distributed, as has been hereto¬
fore provided for by law. [Ratified the 23d day of February,
1861.]
resolution in favor of wm. thompson.
Pays $17. Resolved, That the public treasurer be, and he is hereby
authorised to pay to Wm. Thompson the sum of seventeen
($17) dollars. [Ratified the 23c? day of February, 1861.]
1860—'61.—^—resolutions.
261
resolution in favor of e. p. stillwell, of jackson
county.
Resolved, That the secretary of State he authorized and Grant of land
• _ • issued.
requested to issue a grant to Ephraim P. Stillwell for a tract
of land lying and being in the county of Jactson, district No.
8, and tract No. 188, when the said Stillwell shall produce,
before the secretary of State, the certificate of Stephen Mun-
day, agent of the State for the sale of certain lands in the
year 1853, that he had purchased said land, and when he
shall further produce the bonds for the purchase money which
were given for said land. [Ratified the 23d day of February,
1861.]
resolution in favor of john l. cantwell.
Resolved, That his excellency the Governor, John W. Ellis, Pays $20.
be authorized to draw upon the public treasurer for the sum of
twenty dollars, to ba paid to Col. John L. Cantwell, for exe¬
cuting special military orders. [Ratified the 23d day of Feb¬
ruary, 1861.]
resolution in favor of james c. luter.
Be it Resolved, That the public treasurer be authorized to Refunds,
pay to James C. Luter, of the county of Orange, twenty-five
dollars, for an overcharge of taxes in 1858, and that the public
treasurer be allowed the same in his settlement. [Ratified the
25th day of February, 1861.]
resolution in favor of henry bagby.
Resolved, That the public treasurer of the State be author- Refunds,
ized to pay to Henry Bagby the sum of fifty dollars, it being
for tax paid to the sheriff of Orange which he was not bound
by law to pay. [Ratified the 25th day of February, 1861.]
202
1860~'61. Resolutions.
resolution in favor of calvin bishop.
Refunds. Resolved, That the public treasurer be, and he is hereby au¬
thorized and required to pay Calvin Bishop the sum of twenty-
five dollars, being amount of State tax over paid by him.
[Ratified the 22d day of February, 1861.]
resolution in favor uf the doorkeepers.
Allows $50 each. Resolved, That the public treasurer be, and he is hereby
authorized to pay to the principal and assistant doorkeepers
of both houses of the General Assembly, fifty dollars each, as
extra compensation as doorkeepers aforesaid. [Ratified the
23d day of February, 1861.]
resolution in favor of quent busbee and others.
Resolved, That the public treasurer pay to Quent Busbee,
for professional services and expenses in investigating under
the appointment of the governor and council the financial con¬
dition of the Albemarle and Chesapeake Canal Company, and
amount of work done, &c., on that improvement, the sum of
two hundred and fifty dollars.
Resolved, That the public treasurer pay B. F. Moore, Esq.,
for professional services, three hundred dollars. [Ratified the
25th day of February, 1861.]
resolution in favor of thomas diggs, of anson county.
Resolved, by the General Assembly of North Carolina, That
the public treasurer be instructed to pay to the order of Thos.
Biggs, of Anson county, the sum of fifty-six dollars and one
cent, ($56TJ-n) amount of taxes overpaid by him for the year
1859. [Ratified the 2day of January, 1861.]
1860-61. Resolutions.
263
resolution in eayor oe s. m. ray.
Resolved, That R. M. Gardner, one of the sureties of S. Authorizes to
M. Ray, late sheriff of Yancey county, he, and he is hereby0011604 arreara"
authorized and empowered to collect all arrears of taxes due
the said S. M. Ray, late sheriff as aforesaid, for the years 1858
and 1859, and that said collections shall he for the benefit of
all the sureties for the said years: Provided, That nothing
herein contained shall apply to any person who will voluntarily
swear that he or she has paid his or her taxes for said years,
or to administrators or executors. [Ratified the 18th day of
February, 1861.]
resolution in eayor oe john pate.
Resolved, That the public treasurer pay to John Pate three Refunds,
dollars and eighty-six cents out of any moneys in the trea¬
sury not otherwise appropriated, the same being an overcharge
in taxes. [Ratified the 18th of February, 1861.]
resolution in eavor oe james h. moore.
Resolved, That the public treasurer be, and is hereby au-Pays sio.
thorized and required to pay to J. H. Moore ten dollars out of
any moneys in the treasury not otherwise appropriated. [Ra¬
tified the 23d day of February, 1861.]
resolution in favor oe ed. yareorough.
Resolvedt That the public treasurer be authorized to pay to Pays §iog.
Edward Yarborough one hundred and nine dollars. [Ratified
the — day of January, 186t.]
264
1860-61. Resolutions.
resolution concerning the two doors of the gallery,
and the door of the hall.
Appropriation. Resolved, That the door-keeper be instructed to have green
baize screens put to the two doors of the gallery of this house,
and to repair the screen at the door of the hall, and that the
expenses be paid by the treasurer. ['Ratified the 26th day of
January, 1861.]
resolution in favor of w. l. pomeroy.
Pays $275. Resolved, That the treasurer of the State be authorized to
pay W. L. Pomeroy the sum of two hundred and seventy-five
dollars for stationery furnished to the legislature: Provided,
on examination, the same is correct. [Ratified the 23d day of
February, 1861.]
resolution in favor of the sureties oe w. w. ward, late
sheriff of martin county.
Remits penalty. Resolved, That the public treasurer be, and he is hereby
authorized and required to release to the sureties of W. W.
Ward, late sheriff of Martin county, (against whom judgment
is now pending in the superior court of Wake county,) the sum
of one thousand dollars, the penalty imposed for failure of said
Ward to make his return according to the same, to be released
when the said sureties shall have paid the amount of taxes due
the State by said Ward, and all costs for obtaining judgment
for the same.
Resolved, further, That the provisions of this resolution
shall extend to the sureties of James E. Exum, sheriff of
Greene county. [Ratified the 20th day of February, 1861.]
•
resolution in favor of w. w. watson.
Pays $1(5 25. Resolved, That the public treasurer be directed to pay to
W. W. Watson ten dollars and y2^ for carpeting and repairing
1860-61. Resolutions.
265
hall doors, &c., as per annexed account; and the [that] he be
allowed the same in the settlement of his account:
Raleigh, Nov. 3d, 1860.
Legislature of North Carolina,
To W. W. Watson,
To laying carpet in library in Com. Hall, -
To tacking green baize on two tables, - -
Dec. 4. Laying carpet in library in Senate
Chamber, -
To tacking green baize on two doors, 750.,
To " " " on two vestibules,
1175, >-
To " " on two doors in
Com. Hall, - - -
1 50
95
1 50
1 50
3 50
1 50
Lr.
10 25
[.Ratified the — day of February, 1861.]
resolution in favor of jasper pritchett.
Resolved, That the secretary of State be, and he is hereby Amends grant,
authorized and instructed to amend a grant issued to Jasper
Pritchett, of Buncombe county, on the eighth day of Decem¬
ber, one thousand eight hundred and thirty-six, number 3,458,
so as to conform to the plat attached thereto, as will more
fully appear of record in the secretary's office, and that the
said Jasper Pritchett or his assigns be permitted, upon the
alteration of the said grant, to have the same registered in the
register's office of Buncombe county. [Ratified the 20th day
of February, 1861.]
resolution in favor of daniel willis and david lewis.
Resolved, That the public treasurer be, and is hereby in- Remits penalty,
structed to pay Daniel Willis and David Lewis, sureties of
John S. Willis, late sheriff of Bladen county, the sum of one
thousand dollars, collected from them as a penalty for the
266
1860-61. Resolutions.
failure of the said John S. Willis, sheriff as aforesaid, to settle
his taxes in the year 1859. [Ratified the 11 th day of Feb¬
ruary, 1861.]
RESOLUTION IN EAVOR OE J. L. WARD, OF POLK.
Refunds. Resolved, That the public treasurer he authorized and re¬
quired to pay out of any money in the treasury not otherwise
appropriated, to J. L. Ward, sheriff of Polk county, one hun¬
dred and thirty* six dollars and sixty-one cents, being the
amount overpaid by him in his settlement of the State taxes
for the year 1859. [Ratified the ZQth day of February,
1861.]
RESOLUTION IN EAVOR OE GRAY BRYAN.
Refunds. Resolved, That the treasurer of the State pay Gray Eryan
nine x202<j dollars, which was overpaid by him in the settlement of
his taxes. [Ratified the 20th day of February, 1861.]
RESOLUTION IN FAVOR OE JONAS JINKENS, OF JACKSON COUNTY.
Amends grant. Resolved, That the Secretary of State be, and is hereby
authorized and instructed to amend a grant issued to Jonas
Jinkens, of Jackson county, on 28th day of December, 1854,
No. 1,682, so as to conform to the plat attached thereto, as
will more fully appear of record in the secretary's office, and
that the said Jonas Jinkens be permitted, upon the alteration
of the said grant, to have the same registered in the register's
office of Jackson county. [Ratified the 18tA day of February,
1861.]
1860-61. Resolutions.
26T
resolution in favor of the sureties of g. h. holland,
late sheriff of haywood county.
Resolved, That the sureties of G. H. Holland, late sheriff of Authority to
tt i , i n _ collect arrears.
Haywood county be authorized to collect any arrearages of
taxes due him: Provided, Nothing herein contained shall he
construed to extend to any person who will voluntarily swear
that they have paid the same. [Ratified the 19th day of Feb¬
ruary, 1861.]
resolution in favor of william peace, &c.
Resolved, That the public treasurer be, and he is hereby paya $1,500.
authorized and directed to pay to William Peace fifteen hun¬
dred dollars for losses sustained by buildings on Burke square,
in the city of Raleigh: Provided, That before the said sum is
paid over by the treasurer, the said William Peace shall con¬
vey to the State of North Carolina by deed, to be approved by
the treasurer,- all his title and interest in said buildings situate
on Burke square. [Ratified the 20th day of February, 1861.]
resolution in favor of james s. ives, of the town of
newberne.
Resolved, That the public treasurer be, and he is hereby in- Refunds,
structed to refund to James S. Ives, of the town of Newberne,
the sum of fifty dollars, it being a forfeiture incurred for not
enlisting his store in the said town in the year 1859. [.Rati¬
fied the 18th day of February, 1861.]
resolution in favor of m. c. norman, of yadkin county.
Resolved, That the treasurer pay to M. C. Norman, of Yad- Refunds,
kin county, the sum of seven dollars and thirty-four cents,
($7 34), an excess of taxes paid by him in the year 1857.
[Ratified the day — of February, 1861.]
268
1860-61. ^Resolutions.
resolution in favor of leah coleman.
Grant to be Resolved, That Leah Coleman he authorized to file her
bonds, with approved security, in four equal annual instal¬
ments, with the agent of the State for the sum heretofore fixed
by law as the price of tract No. 187, in district No. 3, Chero¬
kee county lands; and if said bond shall be paid when they
become due, the secretary of State is hereby directed to issue
a grant to the said Leah Coleman for the above named tract of
land. [Ratified the 31s£ day of January, 1861.]
resolution in favor of d. c. lilly.
Resolved, That the State treasurer pay to John A. Lilly, as
guardian of the minor heirs of D. C. Lilly, twenty-one dollars
and twenty-four cents, on account of this amount paid by him
into the State treasury by mistake in his taxes for the year
1855. [Ratified the 31s£ day of January, 1861.]
resolution in favor of the securities of george w.
glass.
Remits for- Whereas, it appears that George W. Glass, former sheriff
of McDowell county, fled from the State without paying the
taxes due the State from said county for the year 1858-'9:
And whereas, Alberta Higgins, Elijah Morris and others, the
securities to the bond of said George "VV. Glass, paid, as doth
appear, the full amount of taxes due and unpaid by the said
George W. Glass, and also paid the sum of one thousand dol¬
lars, the forfeiture incurred by said George W. Glass for fail¬
ing to settle the taxes due as aforesaid: Therefore,
Resolved, That the public treasurer be authorized, and is
hereby required so to do, to pay to said Alberta Higgins, Elijah
Morris and others, the securities, the sum of one thousand dol¬
lars, the amount of the forfeiture incurred by the said George
W. Glass, sheriff. [Ratified the 21s£ day of December, I860.]
I860- 61. Resolutions.
269
resolution in favor of cooper prince and john h. har-
wood.
Resolved, That the secretary of State be, and he is hereby Corrects grant,
authorized to correct the name of John H. Harwood in a grant
of land issued to him, and that the surveyor for Cherokee
county be directed to re-survey tract No. 193, in the 4th dis¬
trict of said county, correcting the calls in the original survey;
"whereupon the secretary of State shall cancel the grant here¬
tofore issued to Cooper Prince for said tract, and issue a grant
to him conforming to the survey. [Ratified the 31 st day of
January, 1861.}
STATE OF NORTH CAROLINA, 1
Office of Secretary of State, y
April, 1861. J
I, Rufus II. Page, Secretary of State in and for the State of North
Carolina, do certify that the- Acts and Resolutions contained in this
Pamphlet are true copies of the original Acts and Resolutions passed by
the General Assembly of this State, at the session of 1860-'61.
RUFUS H. PAGE, Secretary of State.
PRIVATE LAWS
OF THE
STATE OF NOKTH-CAROLINA,
PASSED BY THE-
GENERAL ASSEMBLY,
AT ITS
FIRST EXTRA SESSION, 1861.
RALEIGH:
JOHN SPELMAN, PRINTER TO THE STATE.
1861.
PRIVATE LAWS
OF
NORTH-CAROLINA,
FIRST EXTRA SESSION,
1861.
MISCELLANEOUS.
AN ACT TO EXTEND THE CHARTER OF THE BANK OF THE STATE Chap. 19.
OF NORTH CAROLINA FOR CERTAIN PURPOSES.
Be it enacted by the General Assembly of the State of powers of the
North Carolina, and it is hereby enacted by the authority 0/extended?'4
the same, That all the corporate powers, privileges and lia¬
bilities conferred and imposed on the Bank of the State of
North Carolina "by the act passed in the year 1833-'4, enti¬
tled " An act to establish a bank in the State of North Caro¬
lina," and by an act passed at the same session supplemental
thereto, and also by an act passed at the session of 183L-'5, to
amend the same, be, and the same are hereby continued and
extended until the first day of January, 1865, so far as the
same may be necessary for the purpose of enabling said bank
to settle and close their concerns, of prosecuting and defending
suits by and against them, of disposing of, conveying their
property, and of dividing their capital stock, and no further.
[Ratified the 11 th day of May, 1861.]
18
274
Chap. 20-21. 1861.
Chap. 20. an act to repeal an act appropriating two thousand
five hundred dollars for lighting and heating the
capitol.
Repeals act. Be it enacted by the G-eneral Assembly of the State of
North Carolina, and it is hereby enacted by the authority of
the same, That the act passed at the regular session of this
General Assembly appropriating two thousand five hundred
dollars for lighting and heating the capitol, be, and the same
i3 hereby repealed. [Ratified the 9th day of May, 1861.]
Chap. 21. an act to repeal an act, passed at the session 1860-61,
entitled an act to appoint a tax collector for the
counties of wayne, haywood, ac., as to certain counties,
and amend the same.
Repeals act as to Section 1. Be it enacted by the General Assembly of the
ties. State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That so much of an act, entitled an act
to appoint a tax collector for the counties of Wayne, Haywood,
&c., at the session 18C0-'61, as applies to the counties of
Chatham, Orange, Iredell, Davidson, Union, Robeson, Surry,
Anson and Watauga, be, and the same is hereby repealed, and
the sheriffs of these counties shall have the same power and au¬
thority to collect all taxes and be under the same obligations
in respect thereto as if the said act had never passed.
Tax collectors. Sec. 2. Be it further enacted, That all tax collectors,
appointed or to be appointed by virtue of the said act, or by
virtue of another act, passed at the same session, extending the
provisions of said act to other counties, shall have the same
power and authority to collect all taxes, of every description,
which sheriffs had before the said act was passed,
justices may Sec. 3. Be it further enacted, That the justices of the
coUecw)rs.ax county courts of the counties of Greene and Hertford, may
appoint a tax collector for said counties, at the next county
court, to serve until the regular time prescribed for the appoint¬
ment in said act, and that all appointment of tax collectors,
heretofore made under the authority of said act, whether made
1861. Chap. 21-22-23.
275
at the first or second term of the county court, after the first
day of January, 1861, be, and the same are hereby confirmed.
Sec. 4. Be it further enacted, That an act, passed at the
session 1858—'59, authorizing the appointment of a tax col¬
lector for the county of Robeson, be, and the same is hereby
repealed.
Sec. 5. Be it further enacted, That this act shall be in
force from and after its ratification. \_Ratified the 11 th day
of May, 1861.]
an act to amend an act entitled an act to establish a Chap. 22.
new county by the name oe mitchell.
Section 1. Be it enacted by the General Assembly of tfAe county line.
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That an act passed at the late session of
the General Assembly, entitled an act to lay off and establish
a new county by the name of Mitchell, be so amended as to run
from the top of the Grand Father Mountain, with the old
Watauga line, to the Blue Ridge; thence with the said Yancey
line, and according to said act, around to the beginning.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the \lth day of
May, 1861.]
an act to alter the name of the northampton guards. Chap. 23.
Be it enacted by the General Assembly of the State of North Amendment.
Carolina, and it is hereby enacted by the authority of the
same, That an act passed at the late session of the General
Assembly, entitled an act to incorporate the "Northampton
Home Guards," be, and the same is hereby altered and
amended by striking out the word "home" in the name of the
company in the said act mentioned, so that the name of said
company shall be as follows, to wit: " The Northampton
Guards. [Ratified the 9th day of May, 1861.]
276
1861. Chap. 24.
Chap. 24. an act to amend the charter of the city of raleigh and
other cities and towns.
Power to in¬
crease taxes.
Preamble. Whereas, The exigencies of the times demand that the com¬
missioners of the city of Raleigh should be authorized to make
additional appropriations: And whereas, The now existing
power of taxation is insufficient to carry out such purposes:
Therefore—
Section 1. Be it enacted by the G-eneral Assembly of the
State of North Carolina, and it is hereby enacted by the au¬
thority of the same, That the commissioners of the city of
Raleigh, and the incorporated authorities of all the cities
and towns in this State, may, in the manner prescribed in the
charters thereof, annually lay, levy and collect taxes on the
subjects by said charters taxable, to an amount not exceeding
double the maximum limit therein authorized: Provided, That
the tax on goods, wares and merchandise shall not exceed
twenty-five cents on every hundred dollars' value.
femnfes°ofdseoi°r ®E0, sa^ commissioners • may, in theiy discretion,
diers- pending hostilities provide for the needy families of the citi¬
zens of said cities and towns engaged in the active military
or naval service of this State, or of the government of which
this State is a part, or of any such citizen, or his family
wounded or disabled in said service. [Ratified the 7th day of
May, 18G1.]
Proviso.
RESOLUTIONS
OP A PRIVATE NATURE, PASSED BT THE
GENERAL ASSEMBLY
OP
NORTH-CAROLINA,
AT ITS
FIRST EXTRA SESSION,
1861.
RESOLUTION IN FAVOR OF THE DOORKEEPERS OF THE SENATE
AND HOUSE OF COMMONS.
Resolved, That the public treasurer pay to the principal and Allows $10 each,
assistant doorkeepers the sum of ten dollars each for extra
services for servant hire. [Ratified the 13th day of May,
1861.]
RESOLUTION IN FAVOR OF W. H. AND R. S. TUCKER.
Resolved, That the public treasurer pay W. H. & R. S. To pay $59.29.
Tucker fifty-nine dollars and twenty-nine cents for sundry ar¬
ticles purchased by the doorkeepers for the use of the last
Legislature, and that he be allowed the same in the settlement
of his accounts. [Ratifed the 11 th day of Mayy 1861.]
RESOLUTION IN FAVOR OF JOHN C. PALMER.
Resolved, That the public treasurer be, and he is hereby to pay $io.
authorized and required to pay to John C. Palmer the sum of
ten dollars, amount of the accompanying account. [Ratified
the 11 th day of May, 1861.]
278
1861 Resolutions.
resolution in favor of henry j. brown and others.
Pays $18. Resolved, That the public treasurer pay Henry J. Brown
sixteen dollars and fifty cents, Strother & Marcum sixteen dol¬
lars for one committee desk, and for printing blanks; also,
W. W. Crowder four dollars and eighty-five c'ents, for bible
and testament. [Ratified the 11 th day of 3Iay, 1861.]
resolution in favor of h. d. turner.
Pays $26.15,, Resolved, That the public treasurer be, and he is hereby
authorized and directed to pay to H. D. Turner twenty-six
dollars and yo5<j, amount of above account, and that he be
allowed the same in the settlement of his account. [Ratified
the 10th day of May, 1861.]
resolution in favor of col. b. leecraft.
Pays$86.09. Resolved, by the Qeneral Assembly, That the treasurer be
authorized to pay to Col. Benjamin Leecraft the sum of
eighty-six T§o dollars, money expended by him for the sup¬
port of the troops in Fort Macon before the said fort was
ordered to be taken by the Governor. [ Ratified the 10th day
of May, 1861.]
resolution authorizing the treasurer to pay edward
yarbrough ten dollars.
Pays $16. Resolved, That the treasurer of the State be, and is hereby
authorized to pay Edward Yarbrough ten dollars out of any
moneys in the treasury otherwise unappropriated. [Ratified
the %th day of May, 1861.]
1861. Resolutions.
279
[resolution to pat commissioners to peace conference at
washington and montgomery, alabama.
jResolved, That the public treasurer pay to Thomas Ruffin, Compensation
Sr., D. M. Barringer, David S. Reid, George Davis and John er^°mmisslon
M. Morehead six dollars per day each for every day employed
in going to, attendance on and returning from the peace con¬
vention or conference held in the city of Washington, D. C.,
in February last, and that the same per diem be paid to David
L. Swain, M. W. Ransom and J. L. Bridges, as commissioners
sent to the Southern Confederate States, assembled at Mont¬
gomery, Alabama, in February last, and that the same mileage
be allowed to all that is allowed to members of this General
Assembly. [Ratified the 8th day of May, 1861.]
resolution concerning the regiment of volunteers near
raleigh.
Resolved, That the regiment of volunteers now encamped Authorizes to
i • p t» i • -i i i • • -i i i-t elect field
near the city ot Raleigh be, and it is hereby authorized to officers,
elect its field officers at the place where the troops are now
encamped, and that any law to the contrary, so far as it may
affect this regiment, and no further, is repealed.
Be it further Resolved, That said troops be at once inspected Troops to he
and mustered into the service of the State for the period of ser^T1 mt°
twelve months, and that the commander-in-chief shall have
full power to order said troops into the service of the Confed¬
erate States, or the States of Virginia or Maryland, for the
term of their enlistment: Provided, That these resolutions Resolutions to
shall be read to the several companies by the captains th ereof, troops?t0
and the term and nature of the service required of the troops
aforesaid shall be explained to the men before they are mus¬
tered into service, and that no volunteer who has heretofore
volunteered shall be required to be mustered into service unless
he distinctly expresses his willingness, by signing the muster
roll of his company, to serve beyond the limits of the State,
as provided in this resolution. ['Ratified the 10th day of Mayt
1861.]
230
1861. -Resolutions,
a joint resolution providing j?or special messengers for
the executive department.
ger^ppoiiited.n" Resolved, That the Governor of the State he, and he is
hereby authorized to send a special messenger, with copies of
the act calling a convention of the State, to such counties as
he may think proper, and that the expenses of such messengers
be paid out of any money in the public treasury not otherwise
appropriated. [Ratified the 1st day of May, 1861.]
STATE OF NORTH CAROLINA, 1
Office of Secretary of State, v
June, 1861. J
I, Ruftjs II. Page, Secretary of State, in an I far the State of North
Carolina, do certify that the Acts and Resolutions contained in this
Pamphlet are true copies of the original Acts anl Resolutions passed by
the General Assembly of this State, at its first Extra Session of 1861.
RUFUS II. PAGE, Secretary of State,