J 'LA W S j
OF THE
EXTRA SESSIONS
• . . !
OF THE
j "■ " | , ' " '• ' | * [ i
GENERAL ASSEMBLY
OF THE *
I
STATE OF NORTH-CAROLINA. !
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Library of
Emory University
PUBLIC LAWS
OF THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GTETSTERA.L ASSEMBLY
AT ITS
ADJOURNED SESSION OF 1863.
RALEIGH:
W. W. HOLDEN, PEINTEE TO THE STATE.
1863.
PUBLIC LAWS
OF THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
ADJOURNED SESSION OF 1863.
ASYLUMS.
att act concerning' the insane asylum. Chap. 1.
Section 1. Be it enacted by the General Assembly of the Legalizes
State of North-Carolina, and it is hereby enacted by the au- fromTfe&s^
thority of the same, That the sum of seven thousand five
hundred dollars ($7,500) drawn from the public treasury
over and above the appropriation for the year ending Sep¬
tember 30th, 1863, be and the same is hereby legalized, and
the public treasurer is hereby indemnified for the same.
Seo. 2. Be it further enacted, That for the purpose of fur-
nrshing proper support for the Institution for .the present
fiscal year ending the 30th day of-September, 1864, the
sum of one hundred and fifty thousand dollars ($150,000)
be appropriated in addition to the sixty-two thousand five
hundred .($62,500) appropriated at the first regular session
of the General Assemby* making in all two hundred and
twelve .-thousand and five hundred dollars; and that the
Treasurer of the State be authorized to pay to the order of
the Executive Committee, from time to time, so much of
I
1863.-——Chap. 1—2—3.
the said sum of two hundred and twelve, thousand five
hundred dollars, during the years 1863-'4r, as may be neces¬
sary for the support of the Institution* *
-Sec. 3. Be it further enacted, That this act shall be in
■force from and after its ratification. [Ratified the \lth dqgf
' of jDecember, 1863.].
Chap: 2. An act concerning the north-Carolina institution for the
DEAF, DUMB AND THE BLIND.
Annud appro- Section 1. Be it endcied by the General Assembly of the
*s5j.oo. State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That section «first of an act passed by
the General Assembly, at the session of 1862T—'3, entitled an
act concerning the "North-Carolina institution for the Deaf,
Dumb and/the Blind, and ra tified December 20thv1862, be
and. the same is herebjr amended so that the annual appro¬
priation for the support of the Institution of the Deaf, Dumb
and the Blind shall be thirty-five thousand dollars.
Sec. 2. Be itfurther 'enacted, That, this act -shall bo in
force from and after its ratification. [.Ratified the — day
of December, A. D. 1863.]
BANKS.
Chap. 3. Bn act to amend an act entitled an " act for the relief
of certain banks of tiie state and the people."
strikes out lo- Section 1. Be it enacted, by -the General Assembly of-the
ea! izi rig clause, ■, .. . 7 # i
~State of A orth-Carolina, and it is hereby enacted by the au¬
thority of the same, That the act entitled " An Act for the
relief of certain Banks of the State and the people," passed
at the second extra session, 4-Th 1861, be do amended as
tp strike out the words '' located east of the city of Raleigh
and the town of Fayetteville."
Sec. 2. Be it further enacted, That this^ act shall be in
force from and -after itB passage. -[Ratified the — dsy
■of December, 1863.]
1863. CHAP. 4—5.
5
CHEROKEE- LAND&
AN ACT CONCERNING CnEROKEE LANDS. " Chap. 4.
Section 1. Be it enacted by the General Assembly of the ^flentt|nottt£aa
■State of North-Caro ^iy^a, and it is hereby enacted by the state rmces.
authority of the same, That the agent for the State for the
collection of Cherokee"Bonds, shall sell at no less than the'
State price, vacant tracts or parcels of land situated in the
counties of Macon, Cherokee, or .Clay," which have been
surveyed by the State, and failed.to sell for the State, price:
or such as have hcen surrendered to the State by pur¬
chaser or their sureties r Provided, That any one having Proviso,
an improvement worth ten dollars shall be entitled to a pre¬
emption upon said traces for three months from the "passage
of tli's act. i
Eji:l\ 2. Be it further enacted, That the Secretary of Grant tobs <«-
State shall issue grants to any persons presenting the said
agi-nt'* receipt, Showing that the price fixed by law has
be ;n paid for any of the tracts or parcels of land above
dejciihcd.,
Sec. 3. Bt i* faith r cracked, That aif tho provisions of applies
. . - „ . , ,, 1 T JiicIisod oi.un¬
tile preeedmg section of this act shall .apply to-Jackson'ty also,
county, and the agent -for*the collecting of bonds in said
county shall have all the powers of the agents for the col¬
lection of Cherokee Bonds. [.Ratified ths 12th day of De¬
cember, 1CG3.]
COMPTROLLER OF PUBLIC ACCOUNTS.
AN ACT TO REPEAL THE 1 ItII. "SECTION OF CHAPTER-23, RE- Chap. 5.
VISED CODE, PRCUIDI'I ING THE TREASURER TO TAT DRAFTS OK
WARRANTS BEFCRE XH>i OOWPTR JLLER SHALL HAVE ENDORSED
HIS ORDER TliErEON TO PAY* THE SAME.
Be it enacted? by the General Assembly of the State of Repels
North-Carolina, and it is hereby enacted by the authority of ehaptei'/
the same, That the 11th section of chapter 23, Revised
Code, entitled Comptroller, be and the same is hereby re¬
pealed. [Ratified the 12th day of December, 1863.]
6
1863. CHAP. 6.
COURTS.
Chap. 6. AN ACT TO RESTORE THE COURTS AND FOR OTHER PURPOSES.
Hereafter to
be two terms
of Superior
Court.
Jurisdiction.
P recess.
Proviso.
Process return¬
able to Fall
Term, 1864, to
be returned to
Spring Term,
It 64.
Rules of plead¬
ing,• Ac.
Hereafter to be
two terms of
the Supreme
Court.
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 hereafter' be two
terms of the superior courts of law and equity for each
county in the State, to be held at the times prescribed in
chapter thirty-one, sections nine, ten, eleven, twelve, thir¬
teen, fourteen and fifteen of the Revised Code, and by an
act entitled " An Act to establish the eighth JudicialUircuit,
and for other purposes, ratified the 12th day of December,
1862." " *
Sec 2. Be it further enacted, That said superior courts of
law shall ^ave jurisdiction to try and determine all actions
of tort, under the rules and regulations which existed prior
to the passage of an act entitled "An Act to change the
jurisdiction of the Courts, and the rules of pleading there¬
in," ratified the 11th day of September, 1861, and all pro¬
cess hereafter to be issued in such actions, and in all crimi¬
nal proceedings, shall be made returnable in like manner
and under the same penalties as were prescribed' prior to
to the passage of. said act: Provided, That no suits in debt,
assumpsit or account, shall be tried before said courts by
virtue of any jurisdiction conferred by this act.
Sec. 3. Be it further enacted, That all process in the said
actions and criminal proceedings from said courts, hereafter
issued and made returnable to the fall term, 1864, of said
courts, shall be deemed and taken to be returnable to the
spring term, 1864, of said courts respectively.
Sec. 4. Be it further enacted, That so much of the said
act of September 11th, 1861, as applied-to the rules" of
pleading in cases of Sills for injuction and sequestration,
and petitions for sale or partition of land, be,.and the same
is hereby repealed.
Sec. 5. Be it farther enacted, That there shall, hereafter,
be two terms of the supreme court, to be held in the city
of Raleigh, on the second Monday in June, and the thirr
xcuot™
tieth day of December, or on tbe day after, in case the
thirtieth day be Sunday.
Sec. 6. Be it further enacted, That the county courts Contested
shall have jurisdiction to try and determine all cases of con- Wllls*
tested wills.
Sec. 7. Be it further enacted, That all laws coming in Repealing
conflict with the provisions of this act be and the^ame are e*
hereby repealed. [Ratified the 14th day of December, 1863.]
an act to authorize courts of oyer and terminer. Chap. 7.
Section'1. Be it enacted by the General Assembly of the Governor to
State of North- Carolina, and it is hereby enacted by the au- mission for '
thority of the same, That on application for a court of oyer and'Terminer,
and terminer by any county court in behalf of its county,
©r of the attorney general or of the solicitor on behalf of
any county within their respective circuits, the Governor
shall issue a commission therefor to adjudge of the superior
courts, who shall hold the same ; and such courts shall have
like jurisdiction by a grand jury to inquire of and by a petit
jury to hear and determine all felonies and larcenies what¬
ever, and also all other crimes \yhereof the county court of
that county hath not jurisdiction ; and the court thus ap- Powers.
" 1 "o like power as a regular superior court
^ cases whereof
pointed shall aavo ,
to continue pr remove cases; and an
jurisdiction is hereby conferred, pending for trial in tne
superior court of any. county, shall be deemed in? the court
of oyer and terminer held for. that county during its sessibiT,
and on the adjournment thereof shall be deemed in the
superior courts for the county. And in all cases of appeals* Appeals?
from any judgment in' a court of oyer and terminer the
certificate from the supreme court shall he sent to the clerk
of the superior court and the same proceedings shall be had
therein as if the appeal had been' taken from the superior-
court : Provided, however, That such court of oyer and ter- Proviso,
miner shall not take jurisdiction of any offence -whereof
justipes of the peace have jurisdiction outof lite county court.
Sec. 2. Be it further enacted, That the said courts shall where held,
be be]d where the superior courts are held, and shall °
s
1863.-—Chap, t—8.
be attended *by the same officers, who shall have like fees
for their.services. - And the jurors for said courts shall be
the same-in number and qualification and be drawn in like
manner as for the superior courts, by three justices of the
peace, with the assistance of the clerk of the county court.
judge to fix Sec 3. Be it further enacted, That the judge commis¬
sion^ &c!eS sioned to hold the court shall fix the time of its session and
he' shall forthwith notify the clerks of th* county and supe¬
rior courts thereof, and also the prosecuting officer of trie
•circuit in which said court is to be held; and the cl<?rk of
the county 'court shall .forthwith summon the justices t-o
draw the jurors and deliver the venire to the sheriff,vwho
shall summon the jury.
Special Vmire. Sec 4. Be it further enacted, That the judge shaft have
• • like -discretion as at a regular term to order a special venire.
Repealing Sec. 5. Be it further enacted, That this act shaJJ .take
effectfrom and after its ratification, and thenceforth shall
be repealed all laws coming within-the meaning and pur-
Proriso.- view of this act: Provided, however, Thar courts of oyer i
and terminer already appointed and not . yet held shall pro¬
ceed under the commission issued; but their proceedings
shall be in conformity with this act. {Ratified the 12th day
of December, 1863.]
CKIMES AND PUNISHMENTS.
arson.
Chop. 8. ah act in relation to the crime of arson.
Burning stable - Be it enacted by the General Assembly of. the State of
«tock deemed North- Carolina, and it is hereby enacted by the authority
cf the same, That any person who shall wilfully and ma¬
liciously burn in the night time any stable Containing a*
horse or horses, or a mule or mules, shall bo deemed guilty
of arson, and upon being convicted, according to due course
of law, shall suffer death. \_Ralifled the 12ih day of D%-
eeyib,erx 1863,] .
1863. CHAP. 9—10.
AN ACT IN RELATION TO LARCENY AND ROBBERY. Chap. 9.
Be it enacted by the General Assembly of the State |^a^|
of Worth-Carolina, and it is hereby 'enacted by the a u-.or Treasury
notes dccifi^d
thority of the same, That if any person shall feloniously felony,
steal, take and carry away, or take fiy robbery any Confed¬
erate bond or treasury note of the Confederate States, the
property of any person or of any corporation, such felon¬
ious stealing, taking and carrying away or taken by rob¬
bery, shall be deemed and construed to be . felony-of the
same nature and degree, in the same manner it would now
be if the offender bad feloniously stolen or taken by rob-
bel-y money, goods or property of the value of five dollars,
and such offender for every such offence, shall suffer such
punishment and be subject to the same pains,, penalties and
disabilities .as he should or might have suffered if he had
feloniously stolen or taken by robbing, money, goodsoro ther
property of the value of five.dollars. [Ratified the Vlth
day of I)ecemberr 1863.]
AN ACT TO ENFORCE CRIMINAL. LAWS OF THE STATE. Chap. 10.
Be it enacted by the General Assembly of the State (Renders ^
of Worth-Carolina, and it is hereby enacted by the au- crimes^om^
thority of the same, That in all the counties of the State, ™es\?n posses"
wherein bv reason of the presence or power of the enemy, sion of the ene-
i 117 11 vi i my amenable
the Superior courts cannot be held, alL offenders charged to any adjacent
with the commission in such counties of high crimes and SuPenorCoBFt'
misdemeanors, of which the superior court has exclusive
jurisdiction, shall be recognized to appear before, or be
delivered up .for trial to-the superior court of any adjacent
county, or to the nearest county in which a superior court
is held, to the county in which the offence was committed,
and the said court shall in ail respects have the same juris¬
diction as though the offence had been committed within
the county where the court is being held. [Ratified the
li(h day of December ^ 1863.]
10
1663. Chap. 11—11—11
chap. 11. an act to amend section 85th, chapter 34th, of revised
code.
Buying salt of Re it enacted by the General Assembly of the Slate- of
out written1" North-Carolina, and it is hereby enacted by the authority_ of
permit* the same, That no person shall at any time buy or receive
the article of salt from any slave without a written permis¬
sion for that purpose from the person then having the man¬
agement of sucl} slave, specifying the article and the pro¬
bable amount' and quantity thereof; and any person so
offending shall be deemed to be guilty of a misdemeanor,
and shall, on conviction thereof, be punished in the manner
prescribed in section eighty-nine, chapter thirty-four of the
Revised Cqde. {Ratified the Sth day of December, 1863.]
CURRENCY.
chap. 12; an act to amend chapter 30th, revised code, entitled
currency.
•T - sinnem! Assembly of the
£3Sft& Section 1. Be it enacted by
rScodr State. °f No?t}l-Carolina, and it is hereby enacted by the aur
thority of the same, That the operation of the second sec¬
tion, chapter 36th, of the Revised Code, entitled currency
be suspended until the first day of January, eighteen hun¬
dred and sixty-five. '
Sec. 2. Re it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 14th dan
of December, 1863.] * -
DEPOSITIONS.
Chap. 13. an act in relation to- depositions.
fSJSV enacted by the General Auemblyof the State of
cSKtoi i 'arohna< and il i* hereby enacted by the authority of
taken as evi- the same, That the deposition of the president of the uni-
versity, or the head of any other incorporated college of
1863.—Chap. 13—14.
11
this State, may be taken and read as evidence on the trial
of any suit pending in any of the courts of this State, in
the same manner with that of the^ Governor, and certain
other public officers, as prescribed in the Revised Code,
chapter 31, section 63. [Ratified the 11 th. day of Decem¬
ber, 1863.]
EXEMPTION FROM MILITARY SERVICE.
Alt act to exempt certain officers and employees of the Ch(tp. 14.
state from conscription.
Section 1. Be it enacted by the General Assembly oj the exempts under
Slate of North-Carolina, and it is hereby enacted by the gress, Justices
authority of the sonne, That in obedience to an act of the count/ivus-
Congress of the Confederate States, passed and approved ^Deputy61"
May the 1st, 1863, in relatioi^to exempting certain persons Sheriff, &e.
necessary, as the State officers, in addition to the State offi¬
cers exempted by the act of Congress, passed October 11th,
1862, the Governor of the State having claimed and ob¬
tained the exemption of the following officers, necessary to
carry on the operation of the State government, viz: all
justices of the peace whose appointments were made pre¬
vious to May 11th, 1863, county trustees, county solicitors,
registers, tax collectors, one deputy sheriff in each county
where there is no tax collector, coronors, constables who
entered into bond previous to the 11th of'May, 1863, or
their successors in office, one cdeputy clerk for each court
requiring it, one county commissioner for each county for
distributing money and provisions amongst soldiers' fami-
. lies, agent appointed, under an act of the Assembly for any
duty, commissioned officers nf the militia of this State and
commissioned officers-of the Home Guard, mayors and po¬
lice of Raleigh, Wilmington, Salisbury, Charlotte, Fayette-
**ville and Goldsboro', counsellors of State, board internal
improvement and literary board, and employees of the
State government in the different departments.
12
1863$—C&ap. 14—15;
seinbly' ctaTms ®EC" it farther enacted, That the General Assembly
the foregoing doth claim and exempt &11 the different classes of officers
ions. na^md in section first of this act, in obedience to the act
of Congress approved May 1st, 1863.
Sec. 3. Be it further evaded, That this act shall be in
. force from and after its ratification, [Rq'ifed the 1 kth day
of Decembery 1863.]
IMPRESSMENTS. .
Chap. 15. an act concerning impressments.
unlawful seiz- Section 1. Be it enacted by the general Assembly of the
pork,.eto, t'y State of North-Carolina, and it is hereby enaeteol by the
the mTiRajy'1 authority of the same, That' any officer or private in the
ty^ha miedeC-d raifitfU'T sei'viee'of the Confederate- or State government,
Dieanor. or any other person claiming authority to impress, who shall
seize any corn,' pork, beef, bacon, flour, or other provisions
or forage, or stock, or other private property of any kind,
contrary to the provisions of, the present, or any future act
of Congress regulating impressments, shall he deemed
guilty of a high misdemeanor, anck, upon conviction thereof,
shall be fined and imprisoned at the discretion of the court.
complaint be-? Sec. 2. Be it further enacted, That upon complaint being
ing made on / , / , • i n i ••
oath, magi3- made, upon oath, to any justice .of - the peace", it shall be his
warraht.1SSUe duty to issue his warrant commanding the arrest of parties
charged with such* unlawful proceedings; and .upo-n 'satis¬
factory evidence, the person or persons thus offending shall
be bound over to the next superior court of the county in
■which the offence was committed.
Sec. 3. Be it further enacted, That this act shall take ef¬
fect from arnd after its ratification. [Ratified the 12th day-
of December, 1863.]
1863.- Chap. 16.
13
LITiEltARY FtJND.
ast. act further to define" the duties of the* treasurer of Chap. 16.
literary' fund and for other purposes.
' Section 1. Be it enacted by the General Assembly of the ■ tuxes due to
State of North*Carolina, audit is hereby enacted by the au- Publi^Trlasu-
thority'of the same. Thai? the taxes due to the literary fund [^TreasurcM™
shall be paid as heretofore to the public treasurer of the thelllud-
State, and shall be by him accounted for and pa:id to the
treasurer of the literary fund, and the said public treasurer
shall furnish the treasurer of the fund a statement in writing
of such taxes, and of the times when, paid, which statement
shall be filed with the records of the treasurer of the fund.
. Sec. 2. Be it further enacted, That it shall be the duty of secretary r>f
- , . J btaie to nc-
the Secretary of State to account for and pay over the count for uio-
money received in bis office for the benefit of the literary
.fund to the treasurer'©!'" said fund as he formerly did to the
public treasurer.
Sec. 3. Beit further enacted, That railroad companies and regulations To¬
other corporations and individuals indebted to the. literary So m pan us, &c.
fund shall rifake theii* payments of interest and principal,
when due, to the treasurer of the literary fund* under the
game regulations as heretofore existed when they were ac¬
countable to the public treasurer.
Seo. d. Beit further enacted, That the moneys due to the moneys due
several counties of the^State for common school purposes common*01"
shalbber paid by the treasurer of-the. literary .fund to the Scbools-
the persons authorized to receive the same, in the sama
manner and under the same regulations lipretofore used
and recognized in such payments by the public treasurer
of the State : Provided, That* the president and directors- Proviso,
of the said literary fund be and they are li^reby authorized
to require drafts for amonuts due. the several counties, ;to
be presented for payment to the treasurer of the fund
within six months'from the time that public notice is given
that the monies are c|ue.
• Sec. 5.- Be it further enacted, That the said treasurer of Treasurer to
the literary fund shall perform all other duties and be subject ties*0"" aU
to all the*liabilities heretofore imposed on the pnblic treas¬
urer as the treasurer of said fund.
u
1863. CHAP. 16—17.
A safe place for
depositing
books, Ac., to
be secured.
Repealing
clause.
Sec. 6. Be it further enacted, That 'the president and
directors of the literary fund be and they are hereby au¬
thorized to secure a safe and convenient place for depositing
all the books, returns, blanks and other papers and docu¬
ments relative to common schools, to be arranged by the
State superintendent of cjmmoa schools and under his care
Mid safe keeping.
Sec. 7. Be it further enacted, That all laws and clauses of
laws in conflict with the provisions of this act are hereby
repealed, and this act shall have force from and after its
ratification. [Ratified the 14th day of December, 1863.]
MEMBERS OF CONGRESS.
Chap. 17. an act to repeal the third section of an act entitled an
act to divide the state into ten congressional districts.
Repeals 3d sec¬
tion former act.
Election to be
held on first
Thursday ill
.■> ugust, 18fi6,
and for every
successive two
years there¬
after.
Proviso.
Precincts the
same as for
General As¬
sembly.
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 third section of an act entitled
"An Act to divide the State into ten Congressional Dis¬
tricts and ratified the fourth day of September, 1861," be
and the same is hereby repealed.
Sec. 2. Be it further enacted, That the next election for
electing representatives in the Congress in the Confederate
States shall be held on the first Thursday in August, I860,
and on the same day for every successive two years there¬
after, and shall be conducted by the sheriffs and other per¬
sons appointed therefor in like manner as elections for
members of the General Assembly, and each voter shall
give his vote in the county in which he resides : Provided,
however, That this act shall not be construed to repeal or
modify an act entitled " an act to enable refugees and others
to vote for members of Congress," ratified July 6th, 1803.
Sec. 3. Be it further enacted, That the elections shall be
held at the same places as are prescribed for holding elec¬
tions for members of the General Assembly. [Ratified the
3d day of December, J.S63.]'
1863.' Chap. 18.
15
MILITIA.
ah act,to amend an act in relation to the militia and Chap. 18.
a guard for home defence.
Section 1. Be it enacted by the General Assembly of the company
State ofANorth-Carolina, and it is hereby enacted by the au- heicUncea
thority of the same, That neither the Governor of this State tlu'on"dH'ta
nor the officws acting under an act ratified' on the 7th day twice a year,
of July, 1863, entitled "An Act in relation to the militia
and a guard for home defence," shall call out for drill or
muster the persons enrolled under said act oftener than
once a ihonth in company drill, or oftener than twice a year
in battalion drill; which battalion drills shall take. the place
of the company drills for the month in which they are
"Pointed, unless when called into actual service to repel
-•--wrection or to execute the laws
invasion or suppress m
of the State.
Sec. 2. Be it further enacted, That -the Governor shall Home Guawm
have the power to use the guards for home defence for the a^^cuSr?
purpose of arresting conscripts ' and deserters: Provided, prsjviso
They shall not be ordered upon this duty beyond the limits
of the counties in which they reside^ or the counties adja¬
cent thereto.
Seo. 3. Be it further enacted, That in addition to the ex- Additional ex¬
emptions contaiped in the act- to which this is an amendment, emPtIons*
there shall be exempt county commissioners, appointed
under an act entitled " ap act for the relief of wives and
families of soldiers in the army," regular millers, blacksmiths
who have established shops, necessary operatives in facto¬
ries and^foundries, the attorney general, solicitors of the
several circuits and counties, physicians of five years prac¬
tice, contractors with the State or Confederate governments,
one editor to each newspaper and the necessary compos¬
itors, mail carriers, professors in colleges and teachers in
academies: Provided, That thiaexemption shall only apply Ptoviso,
to the drills specified in this bill and not to service when the
guard for home defence is called into the field. ^ x
Seo. 4. Be it further enacted, That for failure to attend at
•battalion or regimental drill, each field officer shall forfeit
16
1S63. CHAP. IS.
attljndauce^t1" anc* PaT or>6 hundred dollars ;.eacli captain and other officers
drills. who shall fail to muster and drill their companies the times
appointed shall forfeit and pay for each failure fifty dollars,
and if a non-commissioned officer or private shall fail to
attend a|oany drill he shall forfeit and -pay irot less than five
Proviso. nor more than twenty-five dollars : Provided, That every
absentee shall he allowed until the next muster to make his
excuse. The fines shall be adjudged by regimental' and
company court-martial, and judgments 'are to be entered
up and the fines collected in the same mode and in accord¬
ance with the provisions of the militia law of North-Caro¬
lina, passed at the second extra session of the General
^.ssemhly, .1861.
p«rgicai exam- ( pEc. 5. Be it further enacted, That the General Assembly,
b"appointed.10 ^7 an(^ w^h the advice and consent of the Governor, may
appoint surgical boards, pot exceeding three, composed of
physicians each, who shall declare by their certificates
those persons who shall be exempt from service under the
act to which this is an amendment, on account of mental or
physical disability, and that they shall receive the pay of
their rank and traveling expenses to be determined by the
adjutant general.
Pay, rations, Sec." 6. Be it further enacted, That the guards for home
aetua/seryicw. defence,, should they be called into service by the Governor,
shall receive the same pay, rations and allowances as soldiers
in the Confederate States' service, and shall be subject to
the rules and articles of war of the Confederate States.
Not to be call- >3EC. 1. Be it further enacted, That when the pressure of
,Ljw<wse.eiT1Ce public danger shall not prevent the observance of such a
rule, the said guards for home defence shall not be called
into service en masse, but by drafts of a number of men
from each convenient company, so as to make up the
aggregate force required.
Sec. 8. Be it further enacted, That this act shall be in
force and take effect from and after its ratification. \Batir
fed the 1 ±th day of December, 1863.]
-18G3.- -CHAP. 19—20.
ir
AN act to amend an act approved $0th september, 1861, Chap. 19.
entitled militia.
Section 1. Be it enacted by the General Assembly of the Asst; Adjutant
State of North-Carolina, and it is hereby enacted by the au- mnTas Major;
thority of the same, That so much of section 23rd of the act sailryeto be
approved 20 th-Sept ember, 1861, entitled militia, as* fixes Sb500 •
the rank of the .assistants to the adjutant general, and the
pay of the clerks in the military departments of the State,
be amended as follows : The assistants in the adjutant gen-,
eral's department shall have the rank of major in times of
war, and tlie^ clerks shall receive such pay, not exceed¬
ing fifteen hundred dollars per annum, as the adjutant
general may determine.
Sec. 2." Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the, Vbth day
of December, 1863.]
an act authorizing the governor to accept the services Chap. 20.
of cherokee indians to repel invasion or insurrection.
Section 1. Be it enacted by the General Assembly of the 2pe Qr morf
,.r7 .. "I.., ° J Companies to
State of North-Carolina, and it is hereby enacted by the au- be accepted br
thority of the same, That it shall be lawful for the Governor Gove^IK>,,•
to accept the services of one or more companies of Cherokee
Indians to repel in invasion or insurrection in this State.
Sec. 2. Be it further enacted, That for the purpose of Captain and
raising such a fo:'ce, the Governor shall appoint and com- 0DeL,€W,en nt*
mission one captain and one lieutenant to command said
company; the captain to have-power to appoint a first and
second sergeant in his company.
Sec. 3. Beit further enacted, That the company or com- strong ih of
panies so raised' shall not consist of less than forty nor more Comi'aD7'
than one hundred officers and privates."
' Sec. 4. Be it further enacted, That said companies shall to act as iiom*
be under the rules and regulations of law provided for home
guards, and shall receive the same compensation while in
actual service. [Batifcd the 14th day of December, 13G3.]
2
18
1863. Chap. 21—2$.
PUBLIC WORKS,
chap. 21. an act concerning 8laye labor on public works.
'amends ist Section 1. Be it enacted by the General Assembly of the
terieof a Jbr- State of North- Carolina, and it is hereby enacted by the au-
B0cract" thority of the same, That the first section of chapter sixteen
of an act concerning " public works," ratified 20th Decem¬
ber, 1862, entitled an "Act to authorize the Governor to
employ slave labor in erecting fortifications and other
works," is hereby amended by inserting the word "male"
before the word "slaves" and after the word "slave" be¬
tween the ages of eighteen and forty-five *so that the sec-
' tion may read as follows: ' That the GoVernor .shay have
power and authority to compel the services of any number
of slaves between the ages of eighteen and forty-five
years, &c.
Beg. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 12th day
of December, 1863..]
RE YEN UE.
'Chap. 22. hs act to amend the. act entitled " revenue " ratified
the 11th dat of february, 1863.
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 15th paragraph under schedule
A, section 70, of said act be amended so tfiat said paragraph
shall read as follows r •
On every dollar of nett profit or dividend. declared,' re¬
ceived or due during the year preceeding the 1st day of
April in each year upon money or capital invested in man¬
ufacturing cotton or woolen goods, leather or articles made
of leather, iron and tobacco, also on every dollar of nett
profit or dividend on the purchase and sale of any of said
manufactures; also, on every dollar of profit made by the
purchase and sale of corn, flour, bacon and other provisions,
"Amends lfith
paragraph un¬
der schedule
a, section 70,
former act.
p. 22—23..
19
salt, cotton, tobacco, leather and naval stores; also, on every
dollar of nett dividend or profit on money invested in steam¬
boat companies (whether incorporated or not) and in rail¬
roads, a tax of two cents.
, Sec. 2. Be it further enacted. That there shall be levied a ta*of
in /. , 5 cents on
on every dollar ot nett profit or dividend on the purchase every dollar of
and sale, of articles imported into this State from neutral dividendfionr
ports through the blockade of our coast, or which shall be sde^ffm-
brought from the States with which we are at War and sold ported articles,
in.this State, a tax of five cents, and it shall be the duty of
the sheriff of the counties in which said sales are made to
proceed forthwith to collect the tax authorized by this sec-
tiofi as soon as sales are made, under the same penalties for
neglect as are prescribed for neglect in similar eases in .an
act entitled "Revenue," to which this is an amendment.
Seo. 3. Be it further enacted^ That the 19th paragraph,
under section 86 of said act, shedule B, be and the same 86tbsec. said
is hereby" repealed.
Sec. A- Be it further enacted. That this act shall be in
force from and after its ratification. [ {Ratified) the 12th day
of December, 1863.]
an aot making appropriations . foe the military establish- 23.
ment of the state.
Section 1. Be it enacted by the General Assembly of the Appropriatea
. 7 r $1,650,000, to
State of North-Carolina, and it is hereby exacted by the aur be divided
ihority of the same, That the sum of one million six hundred eS°departm^s.
and fifty thousand dollars be appropriated out of any moneys
in the treasury, not otherwise appropriated, for the support
of the military establishment of the State for the fiscal year
commencing the 1st day of October, 1563, to be apportioned
as follows, viz: Pay department,seven hundred and twenty
thousand dollars ($720,000 ;) ordnance department, two hun¬
dred thousand dollars ($200,000 •) commissary department,
four hundred and eighty-seven'thousand five hundred dol¬
lars ($4:87,500;) medical department, twrenty-five thousand
dollars ($25,000.)
1S:3. Chap. 22—24—£5.
Sec. 2.Be it further enacted, That this act shad
force from and after its ratification. [Ratified the I it A day
of December, 1S63.]
clad. 21. an act to amend an act entitled "revent*e."
Tuxos Express Be it enacted by the General Assembly of the State cf
fkr ceiit. upon North-Carolina, and it is'hereby enacted'by the authority of
glow receipts. ^e.sam^ That schedule B, section 86, paragraph 7, of an
" act entitled "Revenue," ratified on the 11th day of Febru¬
ary, 1863, be amended so that hereafter the tax upon every
express company shall be five per cent, upon their gross
receipts, returns to be made upon oath, quarterly to.the
sheriff or tax collector of each county by each agent in the
State, and the tax to be paid , at the ' time the returns are
made, and any agent refusing or neglecting to do so shall
be deemed guilty of a high misdemeanor, and shall Defined
not less than one thousand dollars for each offence or im¬
prisoned at the discretion of the court. [Ratified the 14th
day of December, 1863.]
Chaj) 25 AN ACT TO amend an act ratified on the if til day of feb¬
ruary, 1863, entitled " revenue."
amends 4th Section 1. Be if, enacted by the General Assemby of the
HfHh *Siale bf N.orth-Carolina,, and it is hereby enaeted Try the au-
cbap. Revenue thority of the same, That the 4th paragraph in schedule B,
S6tli section of the 57th chapter, of an aet ratified on the
11th day of February, 1863, entitled "Revenue," be
amended by striking out the ,word " five " in the second
lino of said paragraph and inserting "three," so as tolnake the
paragraph read as follows, viz : Every insurance company
incorporated out of the State three per cent, upon its gross
receipts. •
Seo. 2. Be it further enacted, That this act shall be in
force from and after it ratification. [Ratified the 14th day
of December, 1863.]
1363. :Chap. 26—27.
21
an act to-toovl. " a inst a possible deficiency in the ChjT>. 20.
easusy.
Section .1. Be it enacted l General Assembly of the- To meet any
GQl]Cicilrt *
State of North-Carolina, and it dy enacted by the au- t! easr , an-
thority of-the same, That in the ev«. '' a deficiency 'in the t'pTrc-r,,
treasury the public treasurer be and he - "foy authorized Poubu
to raise a sufficient sum to meet appropriati by the sale
of State bonds, with coupons, bearing, six per c "Merest,
payable semi-annually and running thirty years . j he
1st day of January, 1863, or by the sale of Rorth-Cw
treasury notes, or both, provided, however, that the * h
to be so raised shall not exceed two millions of dolla:,.
Sec. 2. Be it farther enacted, That this act shaH be in
force, immediately after its ratification. [Ratified the lith
day of December, 1863.]
ROADS.
an act to amend the 9th section of chapter one hundred Chap. 27.
and one of revised code.
Section 1. Be it enacted by the General Assembly of the Penalty of $5.
Stale of NortB Carolina, and it is hereby enacted by the au-
authority of the same,, That the 9th section of chapter one,
hundred and one of the Revised Code be so amended as to
make the forfeiture and penalty five dollars instead of one,
for failing to work on public roads unless unavoidably pre¬
vented.
Seo. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [.Ratified the 12th day
of December, 1863.]
22
1868.——Chap. 2&.
SALARIES AND FEES.
chap. 281 an act in relation to salaries and fees.
Section 1. Be-it*'enacted by the General A ssembly of the
State of North- Carolina, and it is hereby enacted by the au¬
thority of the same, That from and after the last day of De¬
cember, 1863, each judge of the supreme court of North-
O&folina shall "be allowed an annual salary of three
thousand dollars, to be paid quarterly on. the first days of
April, July, October and January. And each judge of the
superior courts of law and equity shall be allowed an annual
salary of three thousand dollars- to be paid quarterly in
like manner. -
Sakries of the gEC> 2. jBe it further enactedThat for the year "one
several State .
officers. - thousand eight hundred and sixty-four, the several State offi¬
cers hereinafter named shall recei^dsalaries or compensation
as follows to-wit: The public treasurer, three thousand five
hundred dollars; the chief clerk of the treasurer, two thou¬
sand dollars; the second clerkf of the treasurer, twelve
hundred dollars; secretary of State, fifteen hundred ddllars
and double the fees of office and allowances heretofore
allowed by law; the comptroller of public accounts, two
thousand dollars; the clerk of the comptroller of public
•account, twelve hundred dollars; the private secretary of
the Governor, five hundred dollars and double the fees now
allowed by law; the attorney general, two hundred dollars
for his attendance on the supreme court and fifty dollars for
each term of the superior court of any county he .shall
attend; each solicitor of the State, forty dollars for every
term of the superior court of any county he shall attend ;
' the reporter of the decisions of the supreme court, eight
hundred dollars ; the clerk of the supreme court, six hun¬
dred dollars and double the fees now allowed by law ; the
marshall of the supreme court, five dollars per day; the
clerks of the county courts, clerks of the superior courts
of law, clerks and masters in equity, sheriffs, coroners, con¬
stables, registers, rangers, estray takers, processioners, stan¬
dard keepers and inspectors, double the fees now allowed
by law; the chief clerk of the auditor of public accounts,
Salary of
Judge to be
$3,000.
1863. Chap. 28—29.
23
two thousand dollars; the superintendent of common
schools, two thousand dollars; the public librarian, One
thousand dollars; ,the keeper of the capitol, eight hundred
dollars; the adjutant general, the pay of adjutant general
in the Confederate service commanding in the field; the
public printer, fifty per cent. upon the compensation now
allowed by law, to commence from the third session of the
General Assembly: Provided, That no increase shall be Proviso,
made in the rate of commissions now allowed to any of the
officers aforesaid.
Sec. 3. Be it further enacted, That the courts of pleas and salary of Jus-
' » ,, ■, • r. 1 n. ^Ces compos*
quarter sessions of the several counties or the State, a ma- ing special
jority of the justices being present, shall have the power courts-
and authority to allow the justices composing the special
couris of their respective counties such compensation as
tfyey may deem adequate, to be paid in the same manner
as the compensation hitherto allowed by law.
Sec. 4. Be it further enacted, That this act shall take
effect from and after its ratification. [Ratified the 1 ±th day
of December, 1863.}
an act to increase the pat of witnesses and jurors. Chap. 29.
Section 1. Be it enacted by the General Assembly of the $1.20 for every
State of North- Carolina, and it is hereby enacted by the au- 80 miIes"
thority of- the same, That for the remainder of the year 1863
and during the year 1864, every witness attending court
shall be allowed for each day's attendance and for every
thirty miles he may travel going to and returning from
court, one dollar and twenty-five cents : Provided, the wit- Proviso,
n ess lives within. the county, or the sum of two dollars if
he life without, and his ferriage.
Sec. 2. Be it further enacted, That for and during the Pay of Jurors,
time aforesaid, the several county courts, a majority of the
justices being present, shall have power to provide forq>ay-
ing the jurors of the county for their services, whether for
their attendance upon court or for other purposes, a sum
which shall not be less than one dollar nor more than four
dollars per day, and a sum equal to the daily allowance for
24 1863. Chap. 29—30—31—32.
every thirty miles traveling to and from the court, and a
Proviso, proportion agreeably to the distance -traveled : jProvided,
That when a'majority of the magistrates cannot be obtained,
one-third shall be .competent to make such order.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [(Ratified) the 12th
day of December, 1863.]
Chap. 30. an act to provide for the pat of judges holding courts
of oyer and terminer.
To be paid. Be it enacted by ike . General Assembly of the State of
North-Carolina, and it is hereby enacted by the authority of
the same, That the judge holding a court of oyer and ter¬
miner shall receive therefor the sum of one hundred and
fifty dollars, to be paid by the treasurer, on presentationtof
the certificate of the clerk of said court. [,Ratified the 12th
day of December, 1863.]
Chap. 31. . ' an a0t concerning the governor's salary.
Authorized to Be it enacted by the General A ssembly of the Slateof North-
Sore!gaex-Om Carolina, and it is hereby enacted by the. authority of the*
change. same, That the Governor of this State is hereby authorized
to draw for and receive the sum of five hundred dollars of
his annual salary for the year 1863, in any funds belonging
to the State in the hands of its financial agents in foreign
countries. [.Ratified the 14th day December, 1863.]
SHERIFFS.
Chap. 32. an act t0 ambnd the revised code in relation to taking
the bonds of sheriffs.
Oath and bond Section 1. Be it enacted by the General Assembly of the
oi sheriff. State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That if any person elected to the office
1863. CHAP. 32—33.
25
of sheriff of any county in this State by the people, or the
justices of the county court, shall be unable to tender his
bonds and qualify by taking the prescribed oaths at the term
of the county court at which the election is made or de¬
clared, by reason of being absent in the military service
of the country, or within the enemy's lines, or by reason of
his county oP a portion of it being in the possession of the
enemy, or by reason of the court not being held or being
dispersed by an actual or apprehended invasion or raid of
the enemy, the person- so elected sheriff shall be allowed to
tender his bonds and take the prescribed oaths before twelve
justices of the peace of the county, at the office of the clerk
of the county ctiurt of said county within twenty days after
the term of the court at which said election shall have been
made or declared,, which shall be duly recorded by the clerk
of the county court.
' Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 8th day
of December, 1863.]
SLAVESL AND FREE NEGROES.
AN ACT TO EXPLAIN AND AMEND SECTION SIXTY-EIGHT CHAPTER Chap. 33.
ONE HUNDRED AND SEVEN OF REVISED CODE.
Be it enacted by the General Assembly of the State of Punishment of
North-Carolina, and it is hereby enacted by the authority of manslaughter
the same, That any slave or free person of color convicted or felony-
of manslaughter or for felony for which the punishment
shall not be prescribed, or if prescribed the same shall not
be in whole or in part whipping, may in the discretion cf
the court, be punished with one or more public whippings,
not exceeding thirty-nine lashes each, either in addition to
or in lieu of such other punishment or some part thereof as
may be inflicted for each offence. {Ratified the 11 th dap
of December, 1863.]
26
1863. -Chap. 34.
SOLDIERS.
chap. 34. ah aos' fob she belief of the wives and families of
soldiers in the army.
approbates Seotion 1. Be it enacted by the General Assembly of the
l.ioo, »oo. gtate of North-Carolina, and it is hereby enactedby the au¬
thority of the same,' That the sum of orte million of dollars
to be paid in treasury notes of the State of North-Carolina
in addition to the appropriation heretofore made in that be¬
half, be and the.same is hereby appropriated for the support
of the wives and families of the indigent soldiers of this
State, whether in the service of the State or Confederate
government, or whether killed in battle or dying in the mil¬
itary service of the county. Such sum to be distributed
among the several counties of the State as heretofore, accord¬
ing to white population as ascertained by the census of 1860.
Quotas to be Seo. 2. Be it further enacted, That the quota of each
^ommiss^ners county shall be.paid to the county commissioner or county
trustee of the same according to the provisions of the act
of General Assembly, ratified the tenth day of February,
1863, entitled an act for the relief of the wives and families
of soldiers in the army, and shall be applied to the support
of the wives and families of the soldiers of this State as
above enumerated, according to the rules and regulations
which have been or maybe prescribed by the court of pleas
and quarter sessions of each county.
Famiiies"re- • Seo. 3. Be it further enacted, That when any family of a
other coantr. soldier as aforesaid shall have removed from the county of
his residence since the commencement of the war and shall
have acquired a residence in another county, they shall be
considered ^residents of the latter county and receive a share
of such distribution accordingly.
Appropriates Seo. 4. Be it further enacted, That in addition to the fore-
Hefof Indian6' going appropriation the sum of three thousand dollars is
Warriors. hereby appropriated, to be paid by the public treasurer as
aforesaid to the county commissioners in those counties, in
which are resident the families of Indian warriors who have
rendered service to the Confederate States in the presen t
1$63.——:Chap. 34—^35—36.
27
war, for distribution among theqa according to the provisions
hereinbefore made in the case df white persons. .
Sec. 5. Be it further enacted, That this aet shall be-in
force from its ratification, [Ratified the 1 Uh day of De¬
cember, 1863.]
TREASURY NOTES.
an act authorizing the treasurer to issue small treasury Chap. 35.
notes to the amount of four hundred thousand dollars.
Be it enacted by. the General Assembly of the State of f gg°t^inatioQ
North-Carolina, and it is hereby enacted by the authority of
the same, That the public treasurer be authorized to have
prepared and to issue treasury notes upon the credit of the
State of less denomination than one dollar, to the amount
of four hundred thousand dollars redeemable on or before
the 1st day of January, 1870, under the same regulations
and-with the same penalties, for counterfeiting the. same,
prescribed in the act of 1862-'63, chapter 29. [Ratified
the 12th day of December, 1863.]
WITNESSES.
an act explanatory of " an act to admit" proof of the Chap. 36.
hand-writing of attesting witnesses in certain cases."
Whereas, Doubts have arisen whether "An Act to admit Preamble,
proof of the hand-writing of attesting witness in certain
cases," ratified the 27th day of January, 1863, applies to
the probate of wills; therefore,
Section 1. Be it enacted by the General Assembly of the Explanation.
State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That the said act shall be construed to
apply to cases of the probate of wills when there are sub¬
scribing, witnesses, unless the* same shall be contested.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 12th day
of December, 1863.]
23
1863. Chap. 37—38.
MISCELLANEOUS.
Chap. 37. -AN act.making an appropriation* to purchase cotton to ee
applied to purchases in europe.
appropriates Section 1. Be.it enacted by the General Assembly of the
00 J * • • •
' State of North-Carolina, and it i's hereby enacted by the au¬
thority of the same, That the sura of three- hundred and
twenty-four thousand dollars be and the same is hereby
appropriated to enable the Governor to cause cotton to be
purchased to be applied to the debt and purchases made on
the State's account in Europe.
. Sec. 2. Be it further enacted, That this act shall be in
force from its ratification. ^ [Ratified the l^th day of Decem¬
ber, 1863.],
Chap. 38. an act to regulate office hours in certain offices.
n-ora^A.11 m Section 1. Be it enacted by the General Assembly of the
to 2 p. ii. State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That the public treasurer, comptroller
and the secretary of State, shall attend at their respective
offices in the city of Raleigh between the hours of 9 o'clock
in the morning and two o'clock in the afternoon, Sundays,
Christinas, the 4th of July, 20th of May, thanksgiving day
and such other days as may be set apart by the President
of the Confederate States or the Governor of the Sfate for
thanksgiving or other devotional-exercises [exc'epted.]
Sec. 2. Be it further enacted, That all laws, coming in
conflict with this act be and the same are hereby repealed.
[.Ratified the 12ih day of December1863.]
RESOLUTIONS
of a public natu.be, passed by the
GENERAL ASSEMBLY
of'
NORTH-CAROLINA,
at pi's
ADJOURNED SESSION OF 1863.
a resolution concerning the printing of the treasurer's
report.
Resolved, That the public.printer, in addition to onecrpy conditional
of the Treasurer's report for each member, as provided in a prmt«d.° e
resolution ratified the 10th February, 18§9, be instructed to
print fifty additional copies, to be distributed as follows :
Twelve copies each to the libraries of the Senate and House
of Commons, one copy each to the Governor, Secretary of
State and Comptroller, three copies to the State Library
and twenty copies to the treasury, to be interchanged with
the Tieasurers of the States of the Southern Confederacy.
[RaAifed the — of December, 1833.]
'resolutions requesting our senators and representatives
in congress to secure an additional increase of the pay
of soldiers, &c.
"Whereas, The price of provisions and clothing have Pieambie.
greatly increased since the commencement of the war now
being waged between the North and South, which has ren-
30
1863. ^Resolutions.
dered it necessary to increase the salaries and fees of cer-
tain officers in order to secure them decent support, and no
provision having heretofore been made to increase the pay
of the officers and soldiers who are now so gallantly defend¬
ing on the bloody fieM the. cause of the South for the
achievement of our independence,
Be it therefore enacted, That our Senators and Represen¬
tatives in the Confederate Congress be requested to use. all
honorable means in'their power to secure the increase of
the pay of those noble spirits.
Resolved, further,, That we who remain at home pledge
diets' families, ourselv.es to "adopt every measure possible lor their support
and the maintenance of their families.
Besolved, That his Excellency, tho Governor, be requested
to transmit a copy of the foregoing resolutions to each of
our. Senators and Representatives in Congress. [Ratified
the 3d day of December, 1863.].
Appeals to
members
of Congress.
Pledges sup.
port to sol¬
do verr or to
transmit copy.
A resolution in relation to" sequestered and confiscated
lands'in north-carolina.
Settlement of
ownership.
Lands belong
to State.
Resolved, That his Excellency, the Governor, be requested
to instruct the Attorney General to take such 6teps to insti¬
tute such proceedings as he may think proper in relation
to such lands within the State as have or may be sequestered
or confiscated under the laws of Congress, to the end that
the question of the*ultimate ownership of the same may
be adjusted and settled.
Resolved, That in the opinion of the General Assembly
the lands of alien enemies belong to the State of North-
Carolina, and that the State asserts her right to the same.
[Ratified the &th day of December, 1863.]
resolution in relation to impressments.
preamble. "Whereas, Tlfis legislature has been informed that certain
persons claiming*to be officers and soldiers in the military
service of the Confederate States, have been and are now
1863. Resolutions.
31
going through portions of the State making impressments
of corn, pork and other articles of food essential to the'sup-
port of the inhabitants of the said localitieSj in addition to
the tithes demanded by the government and before the
tithes are collected, and, whereas, it is the duty "of the
authorities of the State to protect its citizens in the enjoy¬
ment of their constitutional rights and privileges, as tvell
as the subject to render obedience to its^constitutional and
legal requirements. Therefore,
Resolved, That his Excellency, the Governor, is hereby Governor <o
requested to correspond with the authorities of the Confed- certain artbor-
erate government in regard to such impressments, and lties'
ascertain whether they are directed and countenanced by
them, and to make an effort to prevail upon said authorities
to put a stop to all such illegal proceedings and public
nuisances.
Resolved, further, That in consideration of the scarcity Tithes,
of provisions after the tithes shall be withdrawn from the
State, his Excellency, the Governor, be respectfully re¬
quested to use every honorable means to keep in the State
the balance of provisions^ otherwise1 great and almost
universal suffering most ensue. [Ratified the 12th day of
December^ 1863.}
RESOLUTIONS REQUIRING CERTAIN SHERIFF8 TO REFUND MONET
INTO THE PUBLIC TREASURY.
"W HERftAS, The 108th section of an act entitled "Revenue," Preamble,
ratified the 11th day of February, 1863, as printed, contains
an error by which sheriffs would be entitled' to ten dollars
for every thirty miles of twice the estimated distance from
their houses to the seat of government, instead of two dol¬
lars for the same distance, as is the case by law, as passed
by the General Assembly ; and, whereas, it has been brought
to the attention of the General Assembly that the sheriffs
of several of the counties have received ten dollars instead
of two in their settlements with the Treasurer for the dis¬
tance aforesaid. Therefore,
1863. Resolutions.
^S<r- Resolved, That the public Treasurer require the sheriffs,
who may have received the excess as mentioned in tlxp above
preamble, to refund the same into the Treasury of the State.
[Ratified the 12th day of December, 18&3.]
resolution lit relation to the arrest and imprisonment op
eli swanner, of beaufort county.
i'rcamb'.b. Whereas,f This General Assembly has been informed that
Eli Swanncr, a citizen of the county of Beaufort, in this
State,, not in the military service of the Confederate States
or by law liable to said service, was on the 9th day of
November, 1862, arrested by the order of an officer of1 the
Confederate States army without accusation or warrant, and
by said officers sent without examination by any authorized
tribunal to the Confederate prison, in the town of Salisbury,
and was there incarcerated by the keepers of said prison
without any warrant of commitment from the judicial au¬
thorities of the State or the Confederate States; and,
whereas, the said Eli Swa.nner being illegally confined and.
deprived 'of his liberty as aforesaid; in contempt and deroga¬
tion of the laws of the State and of the Confederate States,
and was in further violation, of the rights of citizenship and
contempt of the sovereignty of this State, in the month of
May last forcibly carried by officers of the Confederate
States army beyond the State of North-Carolina, where his
offence, if he be guilty of any, was committed and cogni-
-zable and was and remains imprisoned in tho city of Rich¬
mond and State of Virginia. Therefore,
Demands the Resolved, That his Excellency, the Governor, be requested
Swonner. • immediately to demand of the authorities at Richmond
that the said_Eli Swanher be forthwith returned to this
State to the end that he may be delivered over to the civil
atliorities here either of this State or the Confederate States
for examination, and if sufficient cause appear for commit¬
ment and trial, so that if innocent of any matter laid to his
charge, he may. be acquitted, or if guilty be committed and
punished by due course of law. [Ratified the 3d day of
December, 1863.]
1863. Resolutions.
33
a resolution in favor of 8ick and wounded soldiers.
Whereas, There is an order in force, issued by the Secre- PreamW*.
tary of "War, in-which it is forbidden that the certificates of
private surgeons shall be. respected in the extension of the
furloughs of sick and wounded soldiers, compelling them
to make application for such extension to a Confederate
Burgeon ; and, whereas, in certain localities in the State it is
almost impossible for the sick and wounded to see a Con¬
federate surgeon to have their furloughs extended, thus
putting them to great inconvenience. Therefore,
Resolved, That the Surgeon General of North-Carolina Fnrioughiag
be requested to make immediate application to the proper
appointing authorities of the Confederate States, and respect¬
fully ask that there be one surgeon appointed in every
county in North-Carolina, and impower them to extend
furloughs
Resolved, That such surgeons so appointed shall be resi-
dents of the county for which they act. [Ratified the 8th
day of December, 1863.]
a resolution in relation to warrants and. drafts drawn
by the comptroller and public trea8urer.
Whereas, It appears to this General Assembly by the Preamble,
message of his Excellency, the Governor, and the report of
the public Treasurer, that many „ warrants issued by the
Comptroller to pay amounts due to chairmen of the boards
cof superintendents of common schools, an d by the Treasurer
to pay commissioners appointed by. the counties under the
«tct for the relief of wives and families of soldiers in the
army are *not presented for payment, and it is believed that
they are withheld by the owners with the view of getting
payment at some future period in a currency different from
that which the Treasury is supplied according to existing
laws. Therefore,
Resolved. That-such drafts be paid only in Confederate Paid in ©on-
Treasury notes, excepting those in favor of the commission-
era of counties in possession ot the enemy, which shall be
3
3±
1SG3.
resolutions'.
paid in North Carolina Treasury notes. [Ratified the 14//r
day of December, 1863.]
resolution in relation to wit. x>. wynne.
Resolved, That the Governor of the State "be requested
to Correspond with the President of the Confederate States
and ascertain if W. D. "Wynne, a citizen of Bertie county,
be confined in prison in "Richmond, Ya., and if so, upon
what charge, and if for any offence cognizable by the
courts of this Stale, to demand that he be delivered up to
be tried according to due course of law. [Ratified the 1 ith
day of December, 1883.]
resolution .concerning the per diem and' mileage of the
members of the general assembly.
Resolved, That the members of the General Assembly
shall receive twelve dollars ($12) per diem for their atten¬
dance during the present session.
Resolved, further, That they shall be entitled to receive
twenty (20) cents per mile for traveling to and returning
from the city of Raleigh by the most usually traveled route.
[.Ratified the 8th day of December, 1863.]
resolutions instructing the auditor of public accounts to
enquire whether a better system of keeping the accounts
of disbursing officers and ^etter checks on their ac¬
countability may not be introduced, and whether a
better mode of canceling the vouchers of the public
treasurer may not be adopted.
Preamble. Whereas, The increased expenditures of the State and
multiplication of disbursing agents, growing [out] of a State
of war, render it necessary that the best system of keeping
the accounts and the most efficient checks on all disbursing
officers and agents should be adopted. Therefore,
Governor to
correspond
with Presi¬
dent.
diem.
Mileage SO
cents.
1S63. Resolutions.
Resolved, That the Auditor of Public Accounts.investigate
existing enactments and^ the- mode of carrying them out, report,
now prevailing in each disbursing office, and if after such
investigation, he shall be of opinion a better system of keep¬
ing the public accounts and more efficient checks on
accountability can be adopted, that he report to the General
Assembly, at its next sitting, a bill to accomplish these
objects with a report explanatory thereof.
Resolved, further, That he enquire whether some better ?ia*> fo,'&c*a"
plan of receiving and canceling tli£ vouchers of the.public
Treasurer in the Comptroller's office [can be adopted]; and if
he shall recommend another plan, that he report to the next
sitting of the General Assembly, a bill to carry ou this recom¬
mendation. [Ratified the 12th day of December, 1863.}
STATE OF NORTH-CAROLINA, }
Office of Secretary of State, \
Dec. Zlat, 1863.)
I, John P. H. Russ, Secretary of State in and for the State of
North-Carolina, do hereby certify that the foregoing are true copies c»f
the original Acts and Resolutions on file in this office. Given under
my hand, this 31st day of December, 1863.
JOHN P. H. RUSS,
Secretary qf State.
PRIVATE LAWS
or THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY
AT ITS
ADJOURNED SESSION OF 1863.
RALEIGH:
W. W. HOLDEN, PRINTER TO THE STATE.
1863.
PRIVATE LAWS
OF TEE
STATE Of NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
ADJOURNED SESSION OF 1863.
ACADEMIES.
AN ACT CONCEBNING RUTHERFQRD* ACADEMY. Chap. 1.
6 Section ,1. f$e it enacted by the General Assembly of the To be styled
State of North-Carolina, and it is hereby enacted by the au-
ihority of the same, That an act passed at the General'
Assembly, at the session of 1858-59, incorporating Ruth¬
erford Academy, in Burke county, N. C., be so amended as
to alter the name of said academy, and that it be styled in
future Rutherford Seminary.
Sec. 2. Be it further enacted, That said seminary shall Powers,
have power to graduate and confer degrees.
Sec. '3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the Zd day
4tf Decembery\ZZZ*
4
1863. Chap. 2—3.
EXPRESS COMPANIES.
chop. 2. an act t<t incorporate the north-c arolina express
* 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
authority of thesame, That S. L. Fremont, John D. Flanner,
John G. Yancey and M. London and their associates, suc¬
cessors and assigns are hereby created, constituted and
continued under the laws of this State, a body, politic and
corporate by the name, title and style of the North-Carolina
Express Company, for the purpose of forwarding goods,
wares, merchandize and produce from place to place, and
by that name may hold real and personal estate and have
existence for thirty years..
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the Vlth day
of December, 1863.1
FEES.
chap. 3. an act to increase the fees of the special magistrate
of the town of wilmington.
Allows double Section 1. Be it enacted by the General Assembly of the
feos* State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That for the period of twelve months,
from the ratification of this act the special magistrate of
the town of "Wilmington be entitled to receive double the
rate of fees now allowed him by law.
Sec. 2. Be %t further enacted, That this act shall be in
force from and after its ratification. [Ratified the 12th day
of December, 1863.]
1863. Chap. 4—5— 6.
5
an act to regulate the fees of the clerks and sheriff Chap. 4.
in the county of guilford.
' ectton 1. Be it enacted by the General -Assembly of the Entitled to all
St te of North- Carolina,and it is hereby enacted by the an- chapter 102,
th rity of the same, That the sheriff and the clerks of the Rev'Code-
co irts of Guilford county shall he entitled to all the fees
&1 owed to clerks and sheriffs, in chapter one hundred and
t 0 of the Bevised Code.
Sec. 2. Be it further enacted, That all laws and clauses Repealing
0 laws coming within the meaning and perview of this act claus®*
h j and the same are hereby repealed.
Sec. 3. Be it further enacted, That this act shall be in
t >rce from and after its ratification. [Ratifed the 111th day
t f December, 1863.]
an act to allow a fee to the assistant clerk in the. Chap. 5.
treasury for the registration of- state bonds.
Be it enacted by the General Assembly of the State AUows £5 cts. *
of North-Carolina, and it is hereby enacted by the au- ^
thority of the same, That the assistant clerk in the Treas¬
ury department be allowed twenty-five cents for each State
bond registered, and for the registration of each transfer of
said bonds under the act of 1S56, chapter 16, to be paid by
the persjn requiring such registration. \_Ratifed the Vith
day of December, 1863.]
an act in relation to the compensation of the tax col- chap. 6.
lector of johnston county".
Section 1. Be it enacted by the General Assembly of the To be fixed by
State of North-Carolina, and it is hereby enacted by the au- County Court*
thority of the same, That the compensation of the tax col¬
lector for the county of Johnston for collecting u tax
recently levied by the magistrates of said county, exclu¬
sively for the purpose of providing sustenance for the
families of soldiers, shall be fixed by t]he county c.urt
6
18G3. Chap. 6—7—8.
thereof, not to exceed however the sum of twenty-fiv©
hundred dollars. ^
Sec. 2. Be it further enacted, That this act shall take
effect from the date of its ratification. \Ra'ified the 5th,
day of December, 1863.}
INSURANCE COMPANIES.
Chap. 7. an act in kegaed to the mutual insurance company in
fay etteyille.
insurances Be it enaeted by the General Assembly of the State of
!u Him notes. North-Carolina, and it is hereby enacted by the authority of
the same, That the- mutual insurance company in the town
of Fayefteville be authorized to make insurance in certain
eases without requiring a premium note," on.the payment
of such cash premium as may be agreed upon by the officers
of said company and the party applying for insurance.
The said cash premium to go into the general funds of said
company applicable to the payment of losses. The parties,
so insured shall hot be considered as members of said
insurance company. \Batified the 12th day of Deceird>ery
1863.]
MINING AND MANUFACTUEING COMPANIES*
Chap. 8. an act to incorporate tiie lockville mining and manu¬
facturing , company.
rpdj politic. Section 1. Be it cneicted'by the General Assembly of the
State of North-Carolina, ancl it is hereby enacted by the au¬
thority of the same> That for the purpose of carrying pn the
business of mining and manufacturing, the formation of a
corporate company, with a capital stock of two millions of
dollars, in shares of one hundred dollars each, is hereby au¬
thorized, to he called the LQckville Mining and Manufactu¬
ring Company; and when formed in compliance with the
conditions hereinafter prescribed, to have a corporate ex¬
istence as a body politic for-ninety years.
1863. CHAP. S.
7
Sec. 2. Be it further enacted. That for the purpose of ere- Books to be
j, . i » ii . opened, &c.
ating the capital ol sard company, the following persons,>
any three of whom shall be a quorum to do.business, are
appointed commissioners: Geo. W. Mordecai, C. P. Men-
denhall, Joseph S. Jones, Thos. D. Ilogg, Kemp P. Battle,
J. M. Heck, Thos. B. Harris, Wm. J. Hawkins and David
A Barnes, whose duty it shall be to direct the opening of
books of subscription of stock at such times and places,- and
by Birch persons as they (or a quorum of them) may deem
proper ; and they shall have power to appoint a chairman
-•of their body, and other officers, and to sue for and recover
all sums of money that ought, under this act, to be recov¬
ered by them
Sec. 3. Be it further enacted, That whenever the sum of Capital stock,
one hundred thousand dollars shall be subscribed to the
capital stock, the subscribers and their assigns shall be and
they are hereby declared incorporated into a company, by
the name and style«of "The Lockville Mining and Manu¬
facturing Company,"" and as such shall have succession, and Powers,
may have and iftee a common seal, and change the same at
pleasure; may sue andr be sued, plead and be impleaded
in any court of law and equity, shall have power to make
all such by-laws and regulations (not inconsistent with the
existing 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.ali the rights and privileges of a body corporate
necessary or requisite to cany on the business of exploring
and mining coals, iron-ore, copper-ores, and all other min¬
erals ; and smelting, manufacturing, transporting and vend¬
ing the same, and' the products thereof; and of establish¬
ing and working foundries, rolling mills and other manufac¬
tories of metalic fabrics, and of transporting and vending
thoir products •, and shall have power to purchase, lease,
ho'ld, eonvey and dispose of any estate, real and personal:
Provided, That said corporation shall at no one time hold Proviso,
more than twenty thousand acrps of land. Said compa¬
ny shall have also the right, power and authority to
build and construct roads and ways, whether tram, plank,
aulroad, or turnpike, and to change the same as to them
8
1863.——CHAP. 8,
;may seem advisable for the transportation to, from or be¬
tween their mines, furnaces, mills, foundries and factorb*
of iron, coke, coal, ores, minerals, metals and material , an d
Other supplies and products of their works, and also t«- con¬
struct such canal or canals and drains as may be req lired
or needful for the supply of water to their furnaces, mil!
foundries and factories, the transportation of coal, ouscr
materials and supplies as aforeseid, and the drainage d
their mines 'r and such roads, canals and drains shai be
open to the use of the public, upon the payment of auch
reason able tolls and compensation and subject to such ub s
and regulations, as said corporation may by their by lav s
Proviso. establish r Provided, That neither of the said raili ad :y
tram roads, turnpike roads or canals shall be over twenty
miles in length.
Rights of way. Sect. 4. Be it further enacted. That when any Tarn j « r
rights of way may be required by said company for co i-
st.ructing said roads, canals or drains, and for want of a re j-
ment as to the value thereof, or for .any other cause tl e
Bame cannot be purchased of the owner or owners, the s t* e
may ,be taken, and the value thereof ascertained as f 1-
lows, vizi on'application by the company or owner to « y
justice of the peace of the county where said land, or r g' fc
©f way may be situated, it shall be his duty to issue h s
warrant to-,the sheriff of the county to summon a jury of rt,
least five freeholders to meet on the land on a day expi ;s i-
ed in said warrant, not less than five nor more than twe 1 y
days thereafter; and the sheriff or his deputy, on the r -
. ceipt of such warrant shall summon the jury, and, won
<net, shall administer an oath or affirmation to them i
three or more appear, that they will impartially value he-
land or right of way in question. The proceedings of si c'fc
persons,, accompanied by a. description of the lands or ri It
©f way; shall-be returned under their hands and .seals, ir
a majority of them, by the sheriff to the clerk of the coi r-
ty co©rt, there to remafni a matter of record; and on the
payment of such valuation, or if refused, its' deposit in 1 he
'"bfilce of said clerk, the land Or right of way so valued sh vU
vest in said company so- long- as the-same shall be used toj:
1863. Chap. 8.
tlie purpose of. said road, canal or drain: Provided, That ?«>▼»»»
the location of said roacf, canal or drain shall not interfere
■with any graveyard, house, house-lot or garden, without
the consent of the owner thereof: Provided further, That Proviso,
no more land shall be condemned for the purpose aforesaid
than thirty feet in width on either side from the centre of
said road, canal or drain : And provided further, That if Proviso,
such owner or the company shall be dissatisfied with the
valuation of said jurors, either, party may have an appeal to
the county or superior court of the county in which the
land lies; but such appeal' shall not delay or interrupt the
use or enjoyment.of the said right of way by said company.
Sec. 5. Be it further enacted, That the capital stock shall Shares,
be divided into shares of one hundred dollars each. Said
shares shall be personal property, and certificates thereof
may be issued and made transferable and assignable as may
bp prescribed in the by-laws of the corporation.
Sec. 6. Be it further enactedThat it shall be the duty of general meet-
the commissioners named in this act, or a quorum of them,
as soon as the sum of one hundred thousand dollars shall be
subscribed in manner aforesaid, to give public notiee there¬
of, and at the same time call a general meeting of the stock¬
holders, giving at least ten days' notice of the time and
place of meeting. A majority of the stock being repre¬
sented by person or proxy, shall prbceed to elect seven di- Officers,
rectors, who shall have power to appoint any officers they
may deem proper for carrying on the business of the cor¬
poration^ and prescribe their duties and compensation and
term of service, perform all duties necessary in the govern¬
ment of the corporation and the transaction of its business.
They shall serve such period as the stockholders shall direct,
and shall, out of their number, choose a president, and may
fill any vacancy occurring in their body. At that meeting
the stockholders shall fix on the day and'place when the
subsequent election of directors shall be held; but if the
day of any election shall be passed Without an election^,
the corporation shall not thereby be dissolved,' but the offi-
oers formerly elected shall continue m office until a ne^v
election, take place.
10
1863. Chap. 8—9.
held* by ballot!' ®Ea ^ furthei enacted, That the election of ofii-
.cers shall be by ballot, each stockholder having as many
votes as he has shares in the stock of said company, and at
all elections, and npon all votes taken at any meeting of the
stockholders upon any by-laws or any affairs of the compa¬
ny, each share of stQck shall be entitled to one vote, to bo
represented in person -or by proxy.
payment of Sec. 8. Be it further enacted, That the board of direct¬
ors may call for the sums subscribed as stock in said com¬
pany in such instalments as the interests of said company
may in their opinion require, and on fail are of any stock¬
holder to pay .such instalment as 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 stockholder, and convey the same to the purchaser at
such sale; and if the sale does not produce a sufficiencsum
to pay off the incidental expenses of the sale, and the en¬
tire amount owing by such stockholder for his subscriptions,
then the whole of said balance shall be held due at once to
the company, and may be recovered of such stockholder at
the suit of the said company, by action of assumpsit ift any
court of competent jurisdiction, or by a warrant before a
justice of the peace, when the sum does not exceed one
hundred dollars; and in all cases of of stock before
the whole amount has been paid to the company, then for
all sums due on such stock, the original subscribers and the
first and all subsequent assignees shall be liable to the com¬
pany, and may be recovered as above described.
Sec." 9. Be it fgirther enacted, That this act shall be in
force from and after its ratification. [Ratified the YLth $ay
of December, 1863.]
(j]t 9# an act to incorporate the fayetteville kerosene company.
Bod litic. Section 1. Be it enacted by the General Assembly of the
Jfyate of North- Carolina, and it is hereby enacted by the
authority of the same, That Henry E. Colton, E, J. Hale,
P. M. Hale and G. B. Mallett be and the same are hereby
constituted a body politic and corporate under the name
1863. Chap. 9—10.
31
and style of the " Fayetteville Kerosene Company," for the
purpose of manufacturing kerosene oil and such other, oils
and substances as may be made from coal or black band
iron ore.
Sec. 2. Be it further enacted, That said company shall Power's,
have the right and privilege, if they deem proper to mine coal
or iron ore, to construct works in such number of places as
they may deem proper and to manufacture "such chemicals
as may be necessary in their business*
Sec. 3. Be it further enacted, That said company shall By-laws,
make such by-laws and regulations for their own govern¬
ment ast hey may deem proper.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [{Ratified) the 12th
day of December, 1ST63.]
AH" ACT- TO INCORPORATE THE CAHOTA MINING AND SMELTING Chap. 12.
COMPANY.
Section 1. Be it enacted by the General Assembly of the Body politic.
State of North-Carolina, and it is hereby enacted by the
authority of the same, That Carson P. Bryson, J. Keener
and Win. Wilson ai\d their successors and assigns be and
are hereby constituted a body politic and corporate by the
name and style of the " Cahota Mining and Smelting Com¬
pany," for the purpose of mining, working and exploring
for gold, copper and all other minerals and metals and for
mining, vending, smelting and working the same, and for
working; and manufacturing and by that name may sue Powei-K.
and be sued, plead and be impleaded, appeal, 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, af
pleasure, and may enjoy all the rights and privileges and
powers necessary or incident to mining, smelting, manu¬
facturing and vending metals and chemicals, and may also
purchase, hold, sell* convey and issue, give or receive mort¬
gages or bonds on real or personal estate or property with,a
capital not to exceed two millions of dollars.
1863.——CHAP. ID—11.
Seo. 2. &e it further enacted, That the said corporation
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 expe¬
dient, 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 meeting
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 laws of the State and
Confederate States.
Sec. 3. Be it further enacted, That it shall be lawful for
the corportion 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 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
annually, two of whom shall be residents of this State,
er^n Sec. 4. Be it further enacted, That it shall be lawful for
o company. Qargon j)rygollj jm Keener and Vra, Wilson te
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 ft
secretary and other employees, make such by-laws as for
the time being they shall deem expedient and may then
proceed to business.
To exist thirty Sec. 5. Be it further enacted, That this corporation shall
years. •• . ..
. exist thirty years, and this act shall exist thirty years, and
this act shall be in foree £from] and after its ratification.
{Ratified the 12th day of December, 1863.]
Chap. 11. an act to incorporate the comstock mining and smelting
company.
Body politic. Section 1. 1: it enacted by the General Assembly of the
State of North \ >•> Una, and it is hereby enacted by the au¬
thority o/ he s r. Phat S. G. Murphy, T. J. Craft and G.
Stook.
By-laws.
Directors.
18G3. CHAP. 1L
13
W. Swepson and their successors and their assigns be and
are constituted a body politic and corporate, by .the name
and style, of the " Comstock Mining- and Smelting Com¬
pany," for the purpose of mining, working and exploring
for gold, silver, copper and other metals and minerals and
for mining, vending, smelting and working the same, and
for working and manufacturing, and by that name may sue Powers,
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
powers necessary or incident to mining, smelting, manufac¬
turing and vending metals or chemicals,^and may also
purchase, hold, convey and give, issue or receive mortgages
or bonds on real or personal estate or property, with a cap¬
ital not to exceed one million of dollars.
Sec. 2. Bait further enacted, That the said corporation stock,
may divide their stock in such number of shares and proj
vide for the transfer and sale thereof in such ;manner and
form as the said corporation shall from time to time deem
expedient, and may buy and collect assessments and 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 sl^are shall entitle the holder thereof to one vote in
meetings of .the stockholders, and also said company shall
have power to enact such by-laws and regulations as they J
may deem necessary, not repugnant-to the laws of the State
and Confederate States.
Sec. 3. Be it further enacted, That it shall be lawful for director,
the corporation to he 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 elected or appointed, and also to exer¬
cise all such righfrs and powers as by this act are granted;
but the stockholders shall have the p^wer to elect said
di» eclors annually, two of whom shall bo actual residents
of the State.
Sec tf. Be it further enacted, That it shall be lawful for
S. G. Murphy, T. J. Craft and G. "W. Swepson to manage *fcosni;#!,jr-
q
14
1863. Chap. 11—12.
the affairs of said corporation as directed until others are
elected or appointed; shall meet'and organize,.by clioosiDg
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.
To exist thirty Sec 5. Be it further enacted, That this corporation shall
*ears" exist thirty years, and this act shall be in force from and
after its ratification! [Ratified the 14tfA day of December,
1863.]
«
Chap. 12, an act to incorporate the miners' mining and smelting
company.
• ' W ■
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 ther'Same, That J. Newton Bryson, Wm. A. Enloe,
C. P.* Bryson and their associates and assigns are hereby
constituted a body politic and corporate, by the name and
style of the.." Miners' Mining and Smelting Company," for
the purpose of exploring for copper, silver, lead and other
minerals and metals, and for mining, vending and smelting
Powers. the same, and by that name may sue and be sued, plead
and be impleaded, appear and 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 corpor¬
ations, and may purchase, hold and convey real and personal
.estate to the amount of one million* of dollars.
Meetings. 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 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 liTanagement of the
business of said corpora'ion as a majority of the stockholders
may d.rect, not repugnant to the laws of this State or of
the Confed'erate States.
1863. Chap. 12—13.
15
Sec. 3. Be it further enacted, That said corporation may stock,
divide their original stock into snch number of shares and
provide for the sale and transfer thereof in snch manner
and form as said corporation shall from time to time deem
expedient, and may lay and collect assessments, forfeit and
sell delinquent shares, declare and pay dividends on the^
shares in such manner as the by-laws may or shall direct.
Sec. 2. Be it further enacted, That two of the directors Directors to be
shall be actual residents of this State, and that this corpor- reaidents*
ation shall be in force for thirty years from and after its
passage. \Batijted the 12tb day of December, 1863.]
MONUMENTAL ASSOCIATIONS.
an act to incorporate the pender monument association. 13.
"Whereas, William D. Pender, a native of Edgecombe Preamble,
county, major general commanding a division of Confederate
troops, died on — of wounds received in
tire battle of Gettysburg, Pennsylvania, whilst gallantly
leading his jbrave division in the thiqjv of'the fight; and,
whereas, many soldiers and citizens of North-Carolina desire
to raise a monument to his memory in his native State.
Therefore,
Section 1. Be enacted by the General' Assembly of the Body Politic.
State of North-Carolina, and il is hereby enacted by the au¬
thority of the same, That Joseph A. Engelhard, Henry T.
Clark, L. D. Pender, Col. Joseph H. Hyman, Col. I). A.
Barnes, W. B. Pope, D; B. Bell, II. G. Williams, Henry L.
Joyner and David Cobb and their successors, be and they
are hereby constituted a body politic, by the name and style
of the "Pender Monument Association."
Sec. 2. Be it further enacted, i'liat the said asp ir ation Monument to
may erect a monument to.the memory of the late vfajor beerect€d*
(General William D. Pender at any suitable pla^e ithin
the capitol square at Raleigh, fRatified the \1ih . y of
December, 1863. J
1G
1SC3.— Chap. 14—15.
Chap. 14. an act to iucoePor vte the fcttiukew monument ascc oation.
Preamble. Whereas, James Johnston Fettigrew, brigadier general
' commanding a brigade of North-Carolina troops, died in
"Winchester, Ya., July ISth, 1863, of a wound received by
him at Falling Waters?, in Maryland, whilst gallantly-fight¬
ing for the Confederate States; and, whereas, many soldiers
and citizens of North-Carolina desire to raise a monnmcnt
to his memory at some public place in North-Carolina.
Therefore,
Body.politic,-i Section 1. Be hi enacted by the General Assembly of the
State of North-Carolina, and it is hereby enaetedby the au¬
thority of the same, That James F. Taylor, Francis E. Shober,
David M. Carter, Samuel J. Person, Rev. Neil McKay,
John M. McKay, and their successors, be and are hereby
constituted a body politic, by the name and style of the
"Pettigrew Monument Association."
Monument to Sec. 2. Be it further enacted, That the said association
be erected. ■ . J '
may erect a monument to the memory of the late General
Pettigrew at any suitable spot within the capitol scpiare.
[Ratified the — day of December, 18G3.]
ORPHAN ENDOWMENT FUND.
Chap. 15. an act to txc&epouatk "the trustees of the noth-carolina
orphan endowment fend."
b.dy politic. Section 1. Be it enacted by the General Assembly of the
State of * North-Caro1 inn, and it is hereby enacted by the,
authority of the same, That Charles F. Deems, Gforgo W.
Mordecai, S. S. Satchwell, John F. Foaid, David Murphy,
J. Q. A. Leach, D. M. Barringer, Edward J. Hale, S. I>.
Wallace, R. M. McCracken, Walter F. Leak, Edward G.
Reade, G. W. Collier, Charles W. Skinner, Kemp P. Battle,
Robert W. West, John C. Washington, James 1. Taylor,
John II. Ilyman, Wm. I. Hawkins, J. B. Littlej<Tm, Daniel
G. Fowle, John II. IJaughton, J. S. Roysmr, John G. Wil¬
liams, PetcrF. Pcscud, A. M. Gorman, Thomas Bragg and
1863.—^Chap. 15.
17
others, who have contributed fifty dollars or more to the
fund, of which Charles F. Deems is and has been financial
agent, or who may hereafter contribute a like sum to be
invested and the interest thereof expended for the educa¬
tion of the indigent orphan sons of such soldiers as have
fallen or may hereafter fall or be disabled in the wars of"
the Confederate States of America, and when no such
claimants shall exist then of other orphan boys, to be
selected as far as practicable, from the. counties in proportion
to the amount contributed from counties, their assigns and
successors in office as herein described, be and they are
hereby created, constituted and declared a body politic and
corporate in law and in fact, by the name and style'of "The Title, powers,
• Trustees of the North-Carolina Orphan Endowment Fund,"
and by that name shall be capable of taking by purchase,
devise or donation real and personal estate, and of holding
and conveying the saflae, shall have perpetual succession
and a: common seal, may sue and be sued, plead and "-be
impleaded in any court of law and equity, and shall have
such other powers and enjoy such other rights as are
usually incident to corporate.bodies and are not inconsistent
with the laws and constitution of the State.
Sec. 2. Be it further, enacted by the, authority aforesaid, Property,
That all property, moneys or effects of whatsoever nature-ject&y °r e
or description hez^etofore given or conveyed or devised and
hereafter to be- given, conveyed or devised to the said
Trustees of the said North-Carolina Endowment Fund,
shall be held and possessed in special confidence and trust by
the said corporation for the sole use and benefit of the said
orphans in such manner as may be hereafter devised and
adopted by said trustees.
Sec. 3. Be it further enacted by the authority aforesaid, By-laws.
That the said trustees may make and establish such rules,
regulations and by-laws as may be necessary for the man¬
agement of its funds as they may deem, necessary to
accomplish the objects of the same, not inconsistent with
the laws and constitution of the State. . * , ,
Sec. 4. ■ Be it further enacted by the authority aforesaid, B<>ard of di-
That the said trustees may declare what number may con-rectors*
atitute a quorum for the transaction of business, and may
IS
1863. Chap. 15—16.
appoint a board ef directors ancl such other officers as they
may deem expedient to manage said fund.
Seo. 5. Be it further enacted by the authority aforesaid,
That this act shall be in force from and after its ratification,
[Ratified the 12ih day of December y 1863 }
PLANKROADS.
Chap. 16. ah act to incorporate the salem and- high point plank-
road company.
Preamble. Whereas, By virtue of an act of the General Assembly
of the State of North-Carolina, ratified the 16th day of
February, 185!), chapter 158, entitled an "Act to amend
an act to incorporate the Fayetteville and Western Plank-
road Company," authority was giveru-the president and
directors .of said company to sell any or all the branches or
any part of the main trunk of their road, and authorizing
the purchasers■ thereof to form themselves into an incor¬
porated company; and, whereas, in pursuance thereof a
sale was made of all that portion of the main trunk of
said road, running from High Point via Salem to Bethania
in the county of Torsythe, together with all the rights,
privileges and franchises of the same to John M. Stafford,
who (without having procured an act of incorporation as
provided under said amended act of Assembly) granted,,
sold, assigned and transferred the same to I. G. Lash, E. L.
Clemmons, Samuel Martin, D, H. Starbuck, Robert Gray
and P. A. Wilson, now in order that they may become in¬
vested with all the powers and franchises intended to be
conveyed on the original purchasers under said act of
Assembly. Therefore,
Bod/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 said I. G. Lash, E. L. Clem¬
mons, Samuel Martin, D. H. Starbuck, Robert Gray and
P. A. Wilson and tkeir successor and assigns, are hereby in¬
corporated into a body politie and corporate, under the name
and style of the " Salem and High Point Plankroad Com-
1863. CHAP. 16—17—18.
pany," which incorporation shall be invested with all the powers,
rights, powers, privileges and franchises conferred upon
and enjoyed by the Fayetteville and Western Plankroad
Company under their original charter or any alterations or
amendments thereto..
Sec. 2. Be it further enacted, That the capital stock of Capital stock;
this company shall be twenty thousand dollars, divided into
shares of fifty dollars each.
Sec. 3. Be it further enacted, That said company shall
have power to discontinue any portion of said road which
they may desire.
9 Sec. 4. Be it further enacted, That this aet shall take
effect and be in force from and after its ratification. [Rat¬
ified the 12th day of December, 1863.]
PUBLISHING COMPANIES.
an act to amend the charter of the north-carolina QJiUp. 17.
christian advocate joint stock publishing company.
Be it enacted by the General Assembly of the State of
North-Carolina] and it is hereby enactedby the authority of than ten, nor
the same, That the charter of the North-Carolina Christian thou^an^doi-^
Advocate Joint Stock Publishing Company, ratified in Iars*
General Assembly the 10th day of February, 1863, be so
amended as to read " with a capital stock of not less than
ten thousand nor more than fifty thousand dollars." [Rati-?
fied the 2»d day of December, 1863.]
SHERIFFS.
an act concerning the office of sheriff and clerk of the Chap. 18, •
county court in cherokee county. _
Section 1. Be it enacted by the General Assembly of the Tweivejustices
State of North- Carolinay and it is hereby enacted by the vacancy.*"17
authority of the same, That it shall be competent for twelve
justices of the peace to fill any vacancy which may occup
1863. CHAP. 18—
"Vacancy dur¬
ing vacation.
"When Judge
shall fill va¬
cancy.
Appointment
ratified.
Repealing
clause.
in the office of sheriff or clerk of the-county court of Cher¬
okee county, the chairman of the court giving ten days
notice in each captain's district.
Sec. 2. De it further enacted, That whenever a vacancy
shall occur in vacation in the office of sheriff and there shall
be no coroner in the county,, or in the office of clerk of the
county court and there shall be no deputy qualified to dis¬
charge tlie duties of the office, twelve justices of the peace
may assemble at the court house and fill such vacancy,
take the bonds and administer the oaths required by law
and cause their proceedings to be recorded in the county
court clei"k's office.
Sec. 3. Be it further enacted, That whenever the justices
of the peace shall fail or refuse for twenty days to fill any
vacancy in the office of sheriff, it shall he the duty of the
judge, holding the next superior'court,. to appc/'nt a sheriff,
take the necessary bond and administer the oaths of office,
and canse a record thereof to be made in the clerk's office1
of that court, and the bonds to filed and recorded as now-
directed.by law. And this power may be exercised by a
judge appointed to hold a court oyer and terminer as well
as by the judge of the regular term.
Sec. 4. Be it further enacted, That the appointment of
sheriff in said county by the justices thereof since the last
regular session of the county court, be and the same is
hereby ratified and confirmed-
Sec. 5. Be it further enacted, That all laws and clauses of
laws coming in conflict, with this act are hereby repealed,
and this act shall be in force from and. after its ratification.
[.Ratified the 14th day of December, 1863.]
Chajp. 19. AN ACT TO AUTHORIZE A. J. m'bRIDE, SHERIFF OF WATAUGA
COUNTY, TO COLLECT ARREARS OF TAXES.
For the years
166 J—*02.
Section 1. Be it enacted by the General Assembly of the
State of fiorth-Carolina, and it is hereby enacted by the au¬
thority of the same, That A. J. McBride, sheriff of the
county of Watauga, shall have full power and authority until
the first day of. October, 1864, to collect arrears of taxes in
1863.—-Chap. 19-20.
21
the county of Watauga for the y§ars 1860 and 62, and also
in that portion of the county of Mitchell, formerly belong¬
ing to the county of Watauga, for the year 1860, under the
same rules and regulations as are provided by law for the
collection of taxes! Providcdt That said taxes shall not bo Proviso,
collected if any person sliall voluntarily make oath that ho
or she .has paid the same. ; -
Sec. 2- Be it further enacted, That the said A. j. Mc- settlement t«
r» • i -i •«-> /» . *>e ma(t«!n 12
Jbnde, shernl as aforesaid, shall within twelve months from montBs.
and after the ratification of.this act make settlement with
and pay over to the trustee and chairman of the board of
common schools for the county of Mitchell, whatever amount
may be due and collected as county and school taxes.
Sec. 3. Be it further enacLd, That this act shall be in
forced from and after its ratification. \Ratified the 8th day
of December, 1863.]
. . „ ^
TOWNS.
an act to incorporate the town of hickory tavern in 20.
the county of catawba.
Section 1. Be it enactedfy the General Assembly of the powtrsP8 and
State-of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That the town of " Hickory Tavern,"
in the county of Catawba, is hereby incorporated by the
name and style of " Ilickcry Tavern," and shall be subject
and entitled to enjoy all the privileges and powers con¬
tained in the various sections of 111th chap., Revised C,pde.
Sec. 2. Be it further enacted, That the corporate limits Corporate
% of said fown of Hickory Tavern shall be one mile square,
having for the center of the same the warehouse of the
Western North-Carolina Railroad.
Sec. 3. Be it further enacted, That J. R. Ellis, JT. W. Commissioner*
Link', A. L. Shuford, A. J. Lindsay, L. Elias and W. Hall
are hereby constituted, appointed and declared to be com¬
missioners for said town of Hickory Tavern, and they and
their successors are hereby invested with all rights, priv¬
ileges, powers and imrpunities conferred upon qnd secured
23
1863. Chap. 20—21.
to commissioners of incorporated towns- by said 111th chap¬
ter of th5 Bevised Code, until their successors have been
elected and qualified agreeable to the provisions of said
111th chapter, entitled " Towns."
Sec. 4. Be it further enucted, That this act shall be in
force from its ratification.; [Ratified the 12ih day of De¬
cember, 1863.J
Chajj. 21. an additional amendment to an act entitled "an act TO
consolidate the various acts heretofore passed to in¬
corporate the town of statesville in the county of
iredell.
patrol. Be it enacted by the General Assembly of the State of
North-Carolina,, and it is hereby enacted by the authority of
tHk same, That the town magistrates and commissioners of
the town o^jStatesville shall have power to institute, appoint
and continue in said town a patrol guard and watch, who
shall have and exercise the power and authority of sup¬
pressing within the "town, riots, routs, unlawful assemblies
and other disorders tending to breaches of the peace, and
of arresting persons engaged therein and confining them
within the common prison until they can be carried before
a justice of the peace or other-magistrate for Examination.
And as a mode of keeping up such patrol guard and watch
they shall cause an enrolment to be made of all th& white
male citizens of said town between the ages of eighteen and
sixty years, and form them into suitable classes and employ the
Mode of ser- classes in rotation. And the town magistrate and commission¬
ers shall prescribe the terms, nature and mode of sdfvice of
said patrol wftch, in regulations to be by them adopted and
published. And the commissioners shall also have the
power tp employ a hired police force, not exceeding three
in. number, for said town, Whose duties and powers shall be
the same as the duties and^powers herein assigned to the
patrol, watch, and shall also execute the «precepts and pro¬
cesses of the town magistrate, and aid and assist in the
enforcemement of the town ordinances with the same pow-
vice
1863. CHAP. 21—22.
23
ers as the town constable. The pay o£ such police shall be JV*
regulated by an ordinance of the town magistrate and
commissioners, and "shall be paid out of the town revenue
on the order of the town magistrate.' [.Ratified the — day
of December, 1863.]
VOLUNTEER NAVY.
AN ACT TO incorporate the north-carolina volunteer Chap.-22.
navy company.
Section 1. Be it enacted by the General Assembly of the Body poiitic.-
State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That John L. Jones, Jackson Jones,
Jefferson Horner, Jesse Meadows, Dudley Nichols, John
Blacknall, E. H. Lyon, E. ,Dalby, Alexander Oldham, J. Gr.
Hester, R. W. Minor, Williamson Harris and Eli W. Hall,
their associates, successors and assigns be and the same are
hereby created and constituted a body politic and corporate
by the name and style of the " North-Carolina Volunteer Na¬
vy Company," and as such shall have succession and may
have and use a common seal and change the same at pleasure, Pevers.
and sne 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 inconsistent with the constitution and laws of
this State and the Confederate States of America, as may
be deemed necessary" for the government of said company,
which shall be binding therein; and shall have, exercise
and enjoy all the rights and privileges of a body corporate,
necessary to .carry out the purpose of procuring, arming,
equipping and manning a vessel or vessels for the volunteer
navy to cruise against the enemys commerce where foufid,
according to the provisions of the act of Congress to estab¬
lish. a volunteer navy, approved April 18th, 1863 ; the ves¬
sel or vessels to be governed by the laws and regulations of
the regular navy of the Confederate States; and for the pur¬
pose of running out through the blockade cotton, tobacco
1863. CHAP. 22.
and naval stores, to ]?o deposited at some safe point in
Europe, to be used by the company in purchasing; arming
Proviso. and equipping vessels for the cruising service : Provided,
the amount so exported shall not be of a value more than
sufficient to purchase and equip, two vessels, and the same
shall be so invested and the vessels immediately tendered
for service to the government.
Capital stock. Sec. 2. Be it further enacted, ThTit the capital stock of
the company shall not exceed ten mihions of dollars, each
share being five hundred dollars; and that the liabilities of
the stockholders shall be limited to the amount of their
subscription.
Directory^ Sec. 3. Be it further enacted, That the interests and com
cerns of the company shall be managed by a directory of
nine members, to be elected annually by the stockholders,
voting according to the number of shares, one vote to each
share; and the said directory shall elect a president, vice
president, secretary and treasurer from their number, the
last named officer entering into bond in such sum as the
directory may require for the faithful performance of
his duties.
Called meet- #Sec. 4. Be it further enacted, That the said directory shall
1Dgs' have power to fill vacancies in their number. That called
meetings of the stockholders may be held upon the call of
stockholders owning one-fourtli of the stock, and that a ma¬
jority of the capital stock being represented shall constitute
a quorum at any meeting.
Termination of Sec. 5. Be it further enacted, That when the war shall
wac" terminate, thus frustrating the purpose of erasing, the said
. directory shall have power to dispose of their.arms and
munitions of war and employ the vessel or vessels, the
company may own, in the carrying trade, until further
ordered by the stockholder^; apd that this act be in force
from and after its-ratification. [.Ratified the VLih day of
December, 1863.]
18C3.—
Chap. 23=—2-i—25.
25
MISCELLANEOUS.
an act in gelation to the governor's messenger. Chap. 23.
Section 1. Be it enacted by the General Assembly of the Pays
State of North-Carolina, and it is hereby enacted by the au- day"
tho'iiy of the same, That the messenger of the Governor, for
the time being, shall receive two dollars.^** day, commenc¬
ing from the ratification of this act.
Sec. 2. Be it further enacted, That this act shall have
force from its ratification. [Ratijied the 12th day of
December, 1863.]
an act to change the times of holding the courts of pleas Chap. 24.
and quarter sessions in the county of wilkes.
Be it enacted by the General Assembly oftlie Slate of North- To be held
A T 7 • • 7 7 7 7 7 7 • / 7 M°ndtlV
Carolina, and it is hereby enacted by the authority of the in February.
same, That from and after the third Monday in January, ^'dk^veinbtr.
1864, the Court of Pleas and Quarter Sessions fbitflte county
of Wilkes, shall be held on the first Monday in February,
May, August and November, respectively, in each and
every year, and all proceedings and process of every kind,
after the third Monday in January, 1864, pending in and
returnable to either of said courts, shall stand continued and
be returnable to the several courts herein expressed respect¬
ively : Provided, That the fmt court held under the pro- rnmso.
visions of this act shall be held on the first Monday in
February next. \Batified the Ylth day of December, 1863.]
an act to incorporate the palmyra lodge a. y. masons, no. Chap. 25.
147, LOCATED in AVEKASIJORo', HARNETT COUNTY.
Beit enacted by the General Assembly of the. Slate of corpo-
North-Camlina, and it is hcr<J>y enacted by the authority of
the same, That the masters and wardens, w^iish at present
are or in future may he, of Palmyra Lodge, ISTo. 147, in
Averasboro', Harnett county, are hereby constituted and
26
1863. Chap. 25—26.
declared to be a body corporate, under the name and style
of Palmyra Lodge," and by such name shall have a com-
Power.«. mon seal, may sue and be sued, plead and be impleaded,
acquire and transfer property and pass all siich by-laws and
regulations as shall not be inconsistent with the laws of this
State or the Confederate States. [Ratified the 14th day of
December, 1863.] '
Chap. 26. a bill to authorize four justices of the peace of carteret
and craven counties to appoint a commissioner and for
other purposes.
Four Justices
may appoint,
Ac,
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 any four Justices of the Peace-for
the counties of Carteret or Craven shall have power to meet
at any plac^ which they may select, and appoint a Commis¬
sioner to receive and disburse the moneys to which said
counties are entitled respectively, under an act entitled u an
act for the relief of the wives and families of soldiers in the
army," "ratified the 10th day of February, 1863, which
said counties may be entitled to under any act of the present
session of this General Assembly ; and to do all acts which
the justices are authorized to do by virtue of said acts.
Sec. 2. Be it further enacted, That this act shall be in
foVce from and after its ratification. \_Ratified the lith day
of December, 1863.]
RESOLUTIONS
of a private nature, passed by the
GENERAL ASSEMBLY
of
NORTH-CAROLINA,
at its
ADJOURNED SESSION OF 1863.
bksol'utiolf in favor of john w. hinson, sheriff of duplin
county.
Resolved, That the public Treasurer pay to John W. Hin- Refunds
son, sheriff of Duplin county, the sum of ($7,813) seven *7,f13'
thousand eight hundred and thirteen dollars, it being the
amount of State taxes taken from him by the enemy, which
he has paid into the treasury. [Ratified the — day of
December, 1863.]
resolution in favor of elizabeth a. gordon, of GATES
county.
Whereas, It is represented to the General Assembly that Preamble.
George B. Gordon and otliers'of the county of Gates, are
the legal holders of live (o) bonds of one thousand dollars
each, issued by the Stat-' payable to bearer on the 1st day
1863. Resolutions.
of April, 18S5, with coupons for interest, payable semi¬
annually, the same being held upon certain trusts, set forth
in an ante-nuptial agreement between the said George JB.
Gordon and his wife, Elizabeth A., securing to her a sole
estate therein, which bonds are numbered 2,612; 2,613;
2,611; 2,615 and 2,053, and that said bonds by accident
have become so much defaced and decayed that they can¬
not be used, and the writing is daily becoming more
difficult to be read and even now is in many parts illegible.
Trevonr to £>e therefore Resolved by the General Assembly of the
issue uew d i
bond#. State of North-Carolina, That the public Treasurer be and
he is hereby instructed to inspect said supposed bonds, and
if upon examination it shall, appear that they are genuine
bonds and unfit for use, to issue in the place thereof and
deliver to the said tiustees on.any of them five other bonds
of the State, being duplicates in all respects of sarid first
mentioned bonds, in each of which it shall be recited that
it is issued as a duplicate of a destroyed bond of the State
of the same tenor, and upon the delivery of the said sub¬
stituted bonds the original shall be cancelled by%the. Treas¬
urer, and said duplicate bonds shall be signed by the Gov¬
ernor- and countersigned by the public Treasurer.
. Resolved, further, That the Treasurer be authorized to
issue said bonds in manuscript. [Ratified the lith day
December, 1863.]
resolution in favor of joseph cobb, sheriff of edgecombe
county.
"Whereas, Joseph Cobb, sheriff of Edgecombe copnfy,
had forcibly taken from him by the public enemy on the
20th of July, 1803, the sum of sixteen thousand eight hun-
jiundred and nine-three dollars and fifty-three cents
($16,893.53), the sum being the amount of public taxes then
collected by him for the State as such sheriff; and, whereas,
on the 23rd of September, 1S63, be paid to the public
Treasurer the sum of sixty-seven thousand and eleven dol-
1863. Resolutions.
n
lars and twenty-sfk cents ($67,011.26) in full of the taxes due
from said county in which latter amount was included, the
$16,893.53 so lost by him. Therefore,
Resolved, That the public Treasurer be directed to pay Refers#
to Joseph Cobb, sheriff of Edgecombe county, sixteen thou-
sand eight hundred and ninety-three dollars and fifty-three
cents, the same being the amount of public taxes captured
from him by the public enemy, and which he paid into the
Treasury out of his private funds in his settlement- of the
taxes due from said county. [Ratified the 8th of day De¬
cember ^ 1863.]
SiESOLUTION IN FAVOR OF CHARLES KELLY.
Resolved, That Charles Kelly, special Justice of Craven Furnishes him
county, be furnished a copy of the Revised Code, he having oo#°
by the occupation of his house by the enemy, lost the copy
allowed him. [Ratified the 14ih day of December, 1863.]
A RESOLUTION IN FAVOR OF THE SPEAKERS, CLERKS AND DOOR¬
KEEPERS.
Resolved, That the Speakers of both Houses be allowed increases (heir
sixteen dollars; the Principal and Assistants Clerks twenty ^
dollars ; the Engrossing Clerks sixteen dollars, and the Prin¬
cipal and Assistant Doorkeepers twelve dollars each per
diem and twenty ecnts mileage for the present session
and that the principal clerks of both Houses be allowed the
sum of one hundred dollars each for transcribing the jour¬
nals for the public printer and other incidental services
attached to their offices for the present session.
Resolved* further, That the Principal and Assistant Door- Doorkeepers
keepers of both Houses be allowed the sum of fifty dollars ^
each as an extra allowance for the present session. [Rati-
fed the 12th day of December, 1863.]
4
30
1863. Resolutions.
resolution in favor of levi dawson.
Beftmds Resolved, That the Treasurer of the State pay unto Levi
*w,4°* Dawson, of the county 01 Pitt, forty-six dollars and forty
cents, which sum of money has been overpaid as taxes due
the State. [Ratified the 12th day of December, 1863.]
A resolution in favor of henry h. 8undlin of onslow
county.
.'Refunds $20a. Resolved, That the public Treasurer be authorized to pay
to Henry H. Sundlin, acting sheriff of Onslow county, the
sum of two hundred dollars, amount overpaid by him into
jfche State Treasury, in consequence of a mistake of the clerk
dm making his statement of the public taxes due from said
, county. [Ratified the 12th day of December, 1S63.]
.resolution in favor of council wooten.
Refunds jRe&dlved, That the public Treasurer pay to Council
*41.30. "Woolen, administrator of John Joyner, the sum of forty-.
one dollars and thirty cents, it being the. amount of
public taxes paid by his intestate to the sheriff of Davidson
county,, and alscf, to the sheriff of Lenoir county, upon the
same slaves, and by them paid into the treasury. [Ratified
the \%h day of December, 1863.]
resolution in favor of wm. patterson, late sheriff of'
alamance county. -
Aiiow^eoUeo- Resolved, That Wm. Patterson, late sheriff of Alamance
taxes. county be and is hereby authorized and empowered to col¬
lect the arrearages of taxes due for the years 1858 and
1859. [Ratified the 12th day of December, 1863.]
1863. Resolutions.
\
a resolution in favor of drury kino.
Resolved, That the public Treasurer pay to Drury King Paysfis.
sixteen dollars, anil that he be allowed the same in the set¬
tlement of hi8 public accounts. [Ratified the 12th day of
December, 1863.]
STATS OF XOBTH-C ABOLIN A, |
Office of Secretary of State, >
Deo. 31 at, 1863. )
I, Jonir P. H. Boss, Secretary of State in and for the State ©fi
North-Carolina, do hereby certify that the foregoing are true copies of
the original Acts and Besoiutions on file' ia.tliis office. Given uryier
my hand, this 31st day of December, 1863.
JOHN P. II. BUSS,
Secretary of State.
The following act was accidentally omitted in the published
laws of the July sestion,,1S63, and is therefore inserted
here:
DESERTERS.
an act to punish aidek8 and "abettors of -deserters.
Section 1. Be it enacted by the General Assembly of the ait^fo^har^or-
State of North-Carolina, and it is hereby enacted by the inK deserters. •
authority of the same, That any person who shall knowingly
aid, assist, harbor or maintain, under any pretence what¬
ever, aDy deserter from the military service of the State or
of the Confederate States, shall be guilty of a high misde¬
meanor, and upon conviction thereof in the Superior Court,
shall be fined, or imprisoned, or both, in the discretion of
the Court, the fine not to exceed five hundred dolllar®, nor
the imprisonment to exceed four months.
Sec. 2. Be it further enacted, That any person who shall con'
under any pretence whatever, knowingly aid, assist, harbor
on maintain any persoD enrolled and ordered to report for
duty as a conscript, in refusing to obey such order, shall
be guilty of a high misdemeanor, and upon conviction in
the Superior Court, shall be fined or imprisoned, or both/
in the discretion of the Court, the fine not to exceed five
hundred dollars, "fior the imprison nent four months.
Sec. 3. Be it further enacted, That for the purpose of Enforcement of
enforcing the conscript law' of the Confederate States and iaw.-onBonpt
arresting deserters and conscripts, the Governor shall have
power to call out the militia.
Sec. 4. Be it further enacted, That this act shall have force
from its ratification. [Batifed the 7th day of July, 1863.]
INDEX
TO
PUBLIC LAWS,
ADJOURNED SESSION, 1M
PAGB.
ASYLUMS-
An act concerning the Insane Asylum, 3
An act concerning N. 0. Institution for the Deaf and'Dumb
. and the Blind, ".... 4
BANKS— ■ -
An act to amend an act entitled u an act for the relief of
Certain Banks of the State and the people," 4
CHEROKEE LANDS— "
An act concerning Cherokee Lands, r 8
COMPTROLLER OF PUBLIC ACCOUNTS—
An act to repeal 11th section of chapter 23, Revised Code,
prohibiting the Treasurer to pay drafts or warrants before
the Comptroller shall have endorsed his order thereon to
pay the same, 8
COURTS—
An act to restore the Courts and for other purposes, 0
An act to authorise Courts of Oyer and Terminer, 7
CRIMES AND PUNISHMENTS—
An- act in relation to the crime of Arson, 8
, An act in relation to Larceny and Robbery, d
.An act to enforce the criminal laws of the State.......... 9
An act to amend section 85th, chapter 34th of Revised Code, 10
CURRENCY—
An act to amend chapter 36tb, Revised Code, entitled
Currency, 10'
DEPOSITIONS—
An act in relation to Depositions 10
EXEMPTION FROM MILITARY SERVICE—
An act to exempt certain officers and employees of the State
^ from Conscription, 11
IMPRESSMENTS—
An act concerning Impressments,..! JU
n
INDEX TO ITJBLIO LAWS.
PA OB.
Session 18G3. LITERARY FUND—
. An act to further define the duties of the Treasurer of the
Literary Fund, and for other purposes, 13
• MEMBERS OF CONGRESS—
An act to repeal 3d section of an act entitled an act to divide
the State into ten Congressional Districts, 14
MILITIA—
An act to amend an act in relation to the Militia, and a
Guard for Home Defence, 15
An act to amend an an act approved 20th September, 1861,
entitled Militia, ,. IT
An act authorizing the Governor to accept the services of
Cherokee Indians to.repel invasion or insurrection, 17.
PUBLIC WORKS— "
An act concerning Slave labor on Public Woks, 18
REVENUE—
An act to amend the a:t entitled "Revenue," ratified the 11th
day of February,*1863, 18
An act makirg appropriations for the Military Establishment
of the State, 10
An act*to amend an act entitled "Revenue," *... 20
An act to amend an act ratified on the 11th day of February,
1863, entitled "Revenue," 20
An act to provide against a possible deficiency in the Treasury, 21-
ROADS—
An act to amend the 9 th section of the 101st chapter of the
Revised Code 21
SALARIES AND FEES—
An act in relation to Salaries and Fees, 22
An act to increase the pay of Witnesses and Jurors, I 23
An act to provide for the pay of Judges holding Courts of Oyer
and Terminer, 24
An act concerning the Governor's jSalary, . 24
SHERIFFS—
An act to amend the Revised Code in relation to the taking
the Bonds of Sheriffs, 24
SLAVES AND FREE NEGROES—
An act to amend and explain 68'h section, 107th chapter cf
Revised Code, 23
SOLDIERS—
An act for the Relief of the Wives and Families of Soldiers in
in the Army, ....... 26
TREASURY NOTES—
An act authorizing the Treasurer to "ssue small Treasury notes
to the amount of four hundred thousand dollars,. 27
INDEX TO PUBLip LAWS.
HI
PAoa.
WITNESSES— Session 1863. -
An act explanatory of "an act to admit proof of Hke
hand-writing of attesting witnesses in certain cases," 27
MISCELLANEOUS— •
An act making an appropriation to purchase Cotton to be
applied to purchases in Europe, 28
An act to regulate office hours in certain offices, 28-
RESOLUTIONS—
Concerning the printing of Treasurer's Report, .. 29
Requesting Senators and Representatives in Congress to secure
increase of soldiers' pay, &c., " 29
In relation "to Sequestered and Confiscated, lands in North.
Carolina, 30
In relation to Impressments, ' . 80
Requiring certain Sheriffs to refund money into Public
Treasury, 31
I n relation to the arrest and imprisonment of Eli Swanner, of
Beaufort county, : 32 .
In fkvor of Sick and Wounded Soldiers, 33
In relation to warrants and drafts drawn hy Comptroller and
Treasurer, 83
In relation to Wm. D. Wynne, : 34
Concerning the per diem and mileage of members of General
Assembly, 34
Requesting the Auditor of Public Accounts to enquire into
the system of keeping public accounts and present method
of cancelling and see.if better mode may not be adopted,.. ,84
INDEX
TO
PRIYATE LAWS,
ADJOURNED SESSION, 1863.
PAGB.
ACADEMIES—
An act concerning Rutherford Academy, 3
EXPRESS COMPANIES— ^
' An act to incorporate the North-Carolina Expres# Company, - 4
FEES—
An act increasing the fees of the special Magistrate of the
town of Wilmington,... 4
An act to regulate the fees of the Clerks and Sheriff in the
county of Guilford, 5
An act to allow a fee to the Assistant Clerk in the Treasury
for the registration of State Bonds, 5
An act in relation to the compensation of the Tax-Collector
of Johnston county, 5
INSURANCE COMPANIES- -
An act in regard to the Mutual Insurance Company in
Fayetteville, '. 5
MINING AND MANUFACTURING COMPANIES—
An act to incorporate the Lockville Mining and Manufactur¬
ing Company, ..._.... .< &
An act to incorporate the Fayetteville Kerosene Company, 10
An act to incorporate the Cahota Mining and Smelting
Company; 11
An act to incorporate the Comstock Mining and Smelting
Company, ...... 12
An act to incorporate the Miners' Mining and Smelting
Company, 14
MOMUMENTAL ASSOCIATIONS—
An act to incorporate the Pender Monpment Association,.... 15
An act to incorporate the Pettigrew Monument Association, 16
ORPHAN ENDOWMENT. FUND—
An act to incorporate " The Trustees of the North-Carolina
Orphan Endowment Fund." 1$
II"
INDEX TO PRIVATE LAWS .
PAGE.
Session 1M3. PLANKROADS—
An act to incorporate the Salem and High Point Plankroad
Company, 18
PUBLISHING COMPANIES—
An act to amend the charter oi the North-Carolina Christian
Advocate Joint Stock Publishing Company, 19
SHERIFFS—
An act concerning the office of Sheriff and Clerk of the
County Court in Cherokee county, 19
An act to authorize A. J. McBride, Sheriff of Watauga county,
to collect arrears of taxes, 20
TOWNS—
An act to incorporate the town of Hickory Tavern, in the
county of Catawba, 21
An additional amendment to an act entitled " An act to con¬
solidate the various acts heretofore passed to incorporate the
town of Statesville," ; 22
VOLUNTEER NAVY—
An act to incorporate the North-Carolina Volunteer Navy
Company, 23
MISCELLANEOUS—
An act in relation to the Governor's message, 25
An act to change the time of holding the Courts of Pleas and .
Quarter Sessions in the county of Wilkes, 25
An act to incorporate the Palmyra Lodge A. Y. Masons, No.
147, located in Aver'asboro', Harnett county, 25
A bill to authorize four Justices of the Peace of Carteret and
Craven counties to appoint a Commissioner and for other
purposes, .. 26
RESOLUTIONS—
In favor of John W. Hinson, , 27
In favor of Elizabeth A. Gordon, 27
In favor o.f Joseph Cobb, 28
In favor of Charles Kelly, 29
In favor of Speakers, Clerks and Doorkeepers, 29
In favor of Levi Dawson, 30
In favor of Henry H. Sundlin, 30
In favor of Council Wooten, .. 30
In favor of Wm. Patterson, 30
In favor of Drury King, 31
PUBLIC LAWS
OP THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GE3STEIR-A_E ASSEMBLY
AT ITS
ADJOURNED SESSION OF 1864.
RALEIGH:
W. W. HOLDER, PRINTER TO THE STATE.
1864.
PUBLIC LAWS
OF THE
STATE OF NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
AT ITS
ADJOURNED SESSION OF 1864.
ASYLUMS.
an act concerning the north-carolina institution for the chap. 1.
deaf and dumb and blind.
Section 1. Be it enacted by the General Assembly of the Annual appr«
State of North- Carolina, and it is hereby enacted by the au-
thority of the same, That section first of an act passed by
the General Assembly at the adjourned. session of 1863,
entitled " An act concerning the North-Carolina Institution
for the Deaf and Dumb and the Blind," be and the same
is hereby amended so that the annual appropriation for the
support of the Institution for the Deaf and Dumb and
Blind shall be seventy-five thousand dollars.
Sec. 2. Be it further enacted, That this act shall take
effect and be in force from and after its ratification.
[.Ratified the 2Sth day of May, 180!.]
4
1864. Chap. 2—3.
AUDITOR OF PUBLIC ACCOUNTS.
Chap. 2. an act to amend an act passed at the 1st session of the
general assembly fob 1862-63 and entitled "an act to
e8tabli8h the office of auditor of public accounts."
fboSdto" Section 1. Be it enacted by the General Assembly of the
take affidavits State of North- Carolina, and it is hereby enacted by the au-
wpon c ms, ^or(fy 0j> ^ Bame<) That the Auditor of Public Accounts
may take affidavits or depositions in relation to the claims
presented for his consideration and the accounts and returns
submitted to him for his adjustment, as well as toother
matters coming within his jurisdiction, and that he may
issue commissions to any person to take affidavits and depo¬
sitions to be read in the like cases in the same manner as
they are now issued by the courts of the State ; and any
person swearing falsely and corruptly upon any such oath
as aforesaid shall be guilty of perjury, and punished as in
eases of perjuries committed in trials for cases not involv¬
ing life.
fij«!JnC7 ho* Sec. 2. Be it further enacted, That in case any vacancy
shall occur in the office of Auditor, during a recess of the
General Assembly, the Governor shall have power with the
advice of the council of State to fill up such vacancy by
granting a temporary commission, which shall expire at the
end of the next session of the General Assembly.
Sec 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
CATTLE.
Chap. 3. an act to protect cattle.
Fence* be Section 1. Be it enacted by the General Assembly of the
Stale of Uorth- Carolina, a/nd it is hereby enacted by the a/ur
thorUy of the same, That all contractors, persons or com¬
panies engaged in the manufacture of saltpetre, shall bo
1864. Chap. 3—4.
required to enclose their works with a good and lawful
fence.
Sec. 2. Be it further enacted, That any contractor* per- Penalty for
i \ ■ » .,i,i non-compli-
son or company neglecting or refusing to comply With the ante,
foregoing section, shall be subjected to a fine of twenty-five
dollars a day till the works are enclosed—the fine to be re¬
coverable at the suit of any person* upon warrant before a
justice of the peace, and applied to the use of the county:
Provided, That the stay-law, prohibiting the collection of
debts, shall not apply to this act.
Sec. 3. Be it further enacted, That when any contractor*
person or company shall neglect or refuse to comply with cattle,
the first section of this act, and any cattle, sheep or hogs
shall die from imbibing the poison, whether in liquid form
or otherwise, the said contractor, person or company shall
be liable for the double value thereof.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [Batified the 26th day
of May, 1S64.J
COMMON SCHOOLS.
an act to authorize the chairmen of the hoards of super- Chap. 4.
intendent8 of common schools of the several counties
in this state, who have invested the funds in their
hands in confederate 8tate8' bonds, to sell satd bonds
and distribute the proceeds among the di8tricts of their
respective counties entitled to receive the same.
Section 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 the chairmen of the boards of
superintendents of common schools of the several counties
of this State who have in compliance with the recommen¬
dations of the literary board invested funds in their hands
in bonds of the Confederate States be and they are hereby
authorised to sell the bonds and certificates now in their
possession, and distribute the proceeds of sale among the
districts entitled to receive the same, ^>7*0 rata.
6
1864. CHAP. 4—5—6.
Sec. 2. Be it further enacted, That the said chairmen
will be charged in the settlement of these accounts with
the market value of said bonds and certificates, and not with
the loss, if any, that may be sustained by reason of the
investment as aforesaid.
Sec. 3. Be it further enacted^ That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
COURTS.
an act to amend an act to restore the courts and for
other purposes.
Section 1. Be it enacted by the General Assembly of the
mer act to Har- State of North- Carolina, and it is hereby enacted by the au-
aett county, ihorfoy of the same, That the provisions of tin act to restore
tliSe courts, and for other purposes, ratified 12th day of
December, 1863, be extended to the county of Harnett, the
courts whereof shall be held at the times and places fixed
by an act to establish a superior court for the county of
Harnett, ratified 16th day of February, 1859.
Sec. 2. Be itfwth&r enacted, That this act shall be in
force from and after its ratification. [Ratified the 2§th day
of Mayj 1864.]
Settlement.
Chap. 5.
Extends pro-
Chap. 6. an act transferring causes in equity depending in the
courts of certain counties.
Section 1. Be it enacted by the General Assembly of ike
State of North-Carolina, and it is hereby enacted by the aw
thority of the sames That all causes now depending in the
courts of equity in any county in which the regular terms
of the court are prevented from being held by reason of
the proximity of the enemy, may be heard and determined
by the consent of the parties thereto, in any other county
of the same judicial circuit at such times and places as the
judge riding said circuit may appoint for that purpose; and
1864. Chap. 6—7—8.
7
all orders and decrees may be taken and entered upon such
hearing in the same manner and to the same extent as if
heard in the counties in which the causes are depending?
and such orders and decrees shall have the same force
and effect.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
an act to provide for holding extra terms of the Chap. 7.
supreme court.
Section 1. Be it enacted by the General Assembly of the how convened.
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the chief justice or a majority
of the judges of the supreme court of North-Carolina are
hereby authorized to convene said supreme court in extra
session in the city of Raleigh, whenever in his or their
opinion it may be necessary for the public interest.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. {Ratified the 28th day
of May, 1864.]
an act to alter the times of holding the superior courts chap. 8.
of law and equity in the sixth judicial circuit.
• Sec. 1. Be it enacted by the General Assembly of the timefmfhoid-
State of North-Carolina, and it is hereby enacted by the cifed.1" 8 8pe
authority of the same, That the several superior courts of law
and equity for the counties composing the sixth judicial cir¬
cuit, shall hereafter be begun and held in their respective
counties on the following days, to wit: Davie, on the last
Mondays in February and August; Yadkin, on the first
Mondays after the last Mondays in February and August;
8
1864. Chap. 8 &.
Surry, on the second Mondays after the last Mondays in
February and August; Alleghany on the third Mondays
after the last Mondays in February and August; Ashe, on
the fourth Mondays after the last Mondays in February and
August; Wilkes, on the fifth Mondays after the last Mon¬
days in February and August; Alexander, on the sixth
Mondays after the last Mondays in February and August f
Iredell, on the seventh Mondays after the last Mondays in
February and August; Union, on the eighth Mondays after
the last Mondays in February and August; Mecklenburg,
on the ninth and tenth Mondays after the last Mondays in
February and August; Cabarrus, on the eleventh Mondays
after the last Mondays in February and August; Rowan,
on the twelfth Mondays after the last Mondays in February
and August; and continue as the law now directs.
Writs and pro- Sec. 2. Be it further enacted, That all writs and process
turned. in the hands of any sheriff in the State returnable to any
of the superior courts of law and equity of any of the
counties aforesaid, shall be returned by the said sheriffs to
the said courts at the times above prescribed for the holding
thereof, notwithstanding any command on the face of said
writ or process to return the same at a different time, under
the same penalties and forfeitures as are now prescribed by
law for failure to return process in other cases.
Seo. 3. Be it further enacted, That all laws and clauses
of laws coming in conflict with this act be and the same are
hereby repealed. [Ratified the 28th day of May, 1864.]
DISTILLATION OF SPIRITUOUS LIQUORS.
Chap. 9. an act to amend an act ratified on the 17th of December,
1862, entitled " an act to prohibit the distillation of
spirituous liquors."
wheatandBar" Section 1. Be it enacted by the General Assembly of the
ley in former State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That the act ratified on the 3 7th of
December, A. D., 1862, entitled " An act to prohibit the dis¬
tillation of spirituous liquours," be amended in the first
1864.—Chap, 9—10.
9
section by inserting the words " Buckwheat and Barley "
after the word " Rye," in the sixth line.
Sec. 2. Be it further enacted, That this act shall he in
force and effect from and after its ratification. [Ratified
the 26th da/y of May> 1864.]
ELECTIONS.
an act to extend the time foe compabing the polls foe Chap. 10.
ceetain counties, and foe othee pubposes.
Section 1. Be it enacted by the General Assembly of the ^°ws M
State of North- Cerolina, and it is hereby enacted by the
authority of the same, That it shall be lawful for the sheriffs
of the counties in this State in possession of or under the
control of the enemy to compare the polls of their respec¬
tive counties for Governor, members of the legislature, and
clerk of the county and superior courts at any place in the
State they may think proper, and they shall include in their
returns the votes of officers and soldiers, if received within
twenty days after they are cast, and all other votes if
received within thirteen days after they are cast and they
shall not make up their returns and declare the result of the
elections until the expiration of the time herein specified,
and the clerks of the county courts of said counties may
receive the returns of the election for sheriff and compare
the same in like manner.
Sec. 2. Be it further enacted, That if at any time it shall how
happen that the sheriff or coroner of such county cannot
hold the elections by reason of his being with the enemy's
lines, the election may be held by some respectable free¬
holder appointed by three justices of the peace of the
county, and such freeholders shall in like cases compare
the polls in the manner prescribed in the preceding section,
and shall have like powers, be under the same directions
and restrictions and subject to the same penalties as are
conferred or imposed upon sheriffs; and in default of such
appointment the returns may be made to the Secretary of
State, who shall compare the same and declare the result
of the election.
10
1864. Chap. 10—11.
Inspectors how
appointed.
Clerks' and
Sheriffs'
bonds—how
given.
Sec. 3. Be it further enacted, That if the county courts
or sheriffs of the counties mentioned in the first section of
this act shall not have appointed inspectors according to
the existing law, it shall be lawful for any justice of the
peace to make such appointment on the day of the election.
Sec. 4. Be it further enacted, That when it shall be im¬
practicable for the sheriffs or clerks elected for such counties
to give bond and qualify in the manner now prescribed by
law, it shall be lawful for them to give the usual bonds and
to qualify at the county courts of the county wherein
courts are held nearest to their respective counties.
Sec. 5. Be it further enacted, That this act shall be in
force from its ratification. [Ratified the 28th day of
May, 1864.]
HABEAS CORPUS.
Chap. 11. an act more effectually to secure the benefits of the
WRIT of habeas corpus, and to prevent citizens in civil
life from being removed beyond the limits of the state.
Penalty for Section 1. Be it enacted by the General Assembly of the
writ oThaieas State of North-Carolina, and it is hereby enacted by the cm-
*orvus' thority of the same, That any person as to whom a writ of
habeas corpus lias been issued and served, who wilfully fails
or refuses, under any pretence whatsoever to obey the
mandate thereof, or the orders of the Judge or Court there¬
on before whom the same is heard, or who knowingly and
intentionally prevents the service of the same by force, or
by keeping out of the way, or who shall wilfully fail or re¬
fuse to permit any person, upon application by counsel, in
his custody, to consult with and have assistance of counsel,
for the purpose of suiug out or prosecuting said writ, or
who shall send away or conceal any person who [is] in his cus¬
tody, or under his control, with intent to prevent said writ
from being sued out or executed, or the petitioner from be¬
ing discharged, when the Judge or Court so orders, shall
1864.-—Chap. 11—12.
be guilty ot a high misdemeanor, an'd, on conviction in the
Superior Court, shall be fined not less than one thousand
dollars, and imprisoned not less than one year.
Sec. 2. Be it further enacted, That if any person shall, a
under any pretence whatsoever, transport beyond the limits ]?j?erson in civil
of this State by force or violence any person in civil life,
such person so offending shall be guilty of a high misde¬
meanor, and, on conviction, shall be fined not less than two
thousand dollars, and imprisoned not less than one year.
Sec. 3. Be it further enacted, That if any person in civil de°maDd°tbehre-
life shall be transported beyond the limits of this State con- turn of such
person.
trary to the provisions of the second section of this act, the
Governor of the State shall forthwith demand him of the
authorities of the Confederate States where such person
may be imprisoned. \_Eatified the 28th day of May, 1864.]
LANDLORDS.
an. act to amend an act entitled " an act foe the relief Chap. 12.
of landlords."
Section 1. Be it enacted by the General Assembly of the Amendatory
State of North-Carolina, and it is hereby enacted by the au- i862-'68.
thority of the same, That " An act for the relief of Land¬
lords," passed by the General Assembly at its session of
1862-'63, and ratified on the 26th of January, 1863, be so
amended as to give landlords and their grantees, lessees,
heirs, executors and administrators, or any lawful purchaser,
the same remedies and rights against their tenants, and the
grantees, lessees, heirs, executors and administrators of said
tenants, as are given in said act to the landlord against his
tenants.
Sec. 2. Be it further enacted, This act shall be in full
force and effect from and after its ratification. [Ratified
the 28th day of May, 1864.]
12
1864. CHAP. 13—14.
MILITARY APPROPRIATIONS.
Chap. 13. an act to appropriate monet for the military establish¬
ment of the state*
fip505 9o'otes Section 1. Be it enacted by the Genefal Assembly of the
State of North- Carolina, and it is hereby enacted by the au¬
thority of the same, That the sum of one million five hundred
and five thousand and nine hundred dollars ($1,505,900) be
and the same is hereby appropriated for the support of the
military establishment of the State during the remainder of
the fiscal year, beginning October 13th, 1863, to be appor-
tonedPP°r" cloned as follows:—To the pay department seven hundred
and twenty thousand dollars, ($720,000); to the ordnance
department two hundred thousand dollars, ($200,000); to
the commissary department four hundred and eighty-seven
thousand five hundred dollars, ($487,500); to the quarter¬
master's department ninety-eight thousand four hundred
dollars, ($98,400.)
Seo. 2. Be it further enacted, That this act shall be in
force from aud after its ratification. [Ratified the 28th da/y
of May, 1864.]
Chap. 14. an act to AMEND AN ACT RATIFIED THE 13TH DECEMBER, 1863,
ENTITLED " AN acr MAKING APPROPRIATION FOR THE MILITARY
ESTABLISHMENT OF THE STATE."
fordqulrter-° Seotign 1. Be it enacted, by the General Assembly of the
master's De- State of North- Carolina, and it is hereby enacted by the au-
partment. ,
thority of the same, That the act ratified on the 13th of
December, A. D., 1863, entitled "An act making appro¬
priations for the military establishment of the State," be
and the same is hereby amended by inserting before the
clause of ratification the words and figures " Quartermas¬
ter's Department ninety-eight thousand four hundred dol¬
lars, ($98,400)" heretofore omitted by error in the engross¬
ing of the said act; and all payments made by the Public
Treasurer within the said amount are hereby legalized and
confirmed as if no such error had been made.
1864. Chap. 14—15.
13
Sec. 2. Be it further enacted, That this act shall be in
force and effect from and after its ratification. [Ratified
the 25th day of May, 1864.]
REVENUE.
an act in reference to the payment of taxes. Chap. 15.
Section 1. Be it enacted by the General Assembly of the ^ what kind
of treasury
State of North-Carolina, and it is hereby enacted by the au- notes taxes
thority of the same, That all taxes due to the State or to muet be Paid*
counties and free school purposes, or taxes for the poor, all
payments for entries of public lands, and all fines and for¬
feitures for the use of the State or counties, may be paid in
treasury notes of the Confederate States under five dollars,
or in the new issue authorized by the act of the Confed¬
erate Congress, ratified Ihe 17th of February, 1864; and
all such dues may be paid during the present year in the
old issues of the Confederate treasury notes, from the de¬
nomination of five dollars up to fifty dollars, both inclu¬
sive—less thirty three and one-third per cent., the tax im¬
posed by the act of Congress.
Sec. 2. Be it further enacted, That when the Confederate Dowoidissne
treasury notes from five dollars to filty dollars, of a date sbaiibedis"1*
previous to the seventeenth of February, 1864, and receiv- rosedo£
ed by the Public Treasurer, he shall pay them out in dis¬
charge of all public dues—less one-third of the amount of
such notes, or may exchange them for the new issue of
treasury notes authorized by the act of Congress aforesaid,
and when so exchanged, they shall not be paid out at a rate
less than par.
Sec. 3. Be it further enacted, That the act ratified July repeals for*
.!•»«» ... , „ mer act and
3d, 1863, entitled " An act in relation to the payment of part of ordi-
taxes" and for other purposes, and so much of section nanceNo-3i>
second of the ordinance No. 35, of the S.aie Convention,
ratified 26th of February, 1862, as directs the receiving of
Confederate treasury notes in payment of taxes and all
other dues, are hereby repealed.
14
1864 Chap. 15—16—17.
Sec. 4. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 21 st day
of May, 1864.]
Chap. 16. an act to authorize the justices of any county to meet in
special term to levy taxes.
Court shall be
ealled by
Chairman or
County Court
Clerk.
One-third of
Justices shall
be present.
Whenever, In any county of this State there is no term
of the County Court between the third Monday in March
and the first Monday in July in each yearj
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 special court shall be called
by the Chairman or Clerk of the County Court to meet at
the courthouse in the month of May or June, for the year
A. D., 1864, and for each succeeding year thereafter, for
the purpose of levying the taxes of said county.
Sec. 2. Be it further enacted, That one-third of the jus¬
tices of such county shall be authorized to levy said taxes,
and that their proceedings shall be recorded by the clerk
on his minutes.
Sec. 3. Be it further enacted, That this aet shall be in
force from and after its ratification. [Ratified the 21th day
of May, 1864.]
Chap. 17. an act in reference to exemption from taxes.
estates^mo- Section 1. Be it enacted by the General Assembly of the
trust of corpo- State of North-Carolina, and it is hereby enacted by the au->
cfetieTfor edu- thority of the same, That from and after the ratification of
dren of°so^a' ^is act ^ie estates, money, bonds and other evidences of
diers, Ac.,.shall debt, and also all effects whatsoever held by any corpora-
be exempt, 7 J J r
tion or society in trust for the education of the children of
deceased soldiers, or for the support of the widows and
families of such soldiers, are hereby declared to be exempt
from taxation for State, county and municipal puvposes, and
such exemption shall apply to the present as well as to any
subsequent year. [Ratified the 28th day of May, 1864.]
1864. CHAP. 18—19.
15
an act to provide ways and means fob the supply of the Chap. 18.
treasury.
Section 1. Be it enacted by the General Assembly of the Provides for
% issue of
State of North-Carolina, and it is hereby enacted by the au- $3,000,000
thority of the same, That the Public Treasurer be and he treasury ootea'
is hereby authorized, if in his opinion it shall be necessary
and expedient to do so, in order to meet the demands on
the treasury, to have prepared and to issue treasury notes
to an amount not exceeding three millions of dollars, pay¬
able two years after the ratification of a treaty of peace
between the Confederate States and the United States, and
receivable in payment of all dues to the State, or any de¬
partment thereof.
Sec. 2. Be it further enacted, That the bills hereby au- Denomiea-
thorized to be issued, shall be of such denominations as the
Treasurer may deem expedient, and shall be issued under
the regulations prescribed in the act of the 20th December,
1862, entitled " An act to provide ways and means for sup¬
plying the treasury," and the provisions of the 9th section
of said act shall be deemed as re-enacted in reference to
the notes hereby authorized to be issued.
Sec.! 3. Be it further enacted, That this act shall be in
force from and after its ratification., [Ratified the 28th day
of May, 1864.]
an act to amend the act entitled w revenue," ratified Chap. 19
llth february, 1863.
Section 1. Be it enacted by the General Assembly of the Amends ut
State of North-Carolina, and it is hereby enacted by the au- sec.S7o.aptl
thority of the same, That the 14th paragraph of section 70
of said act be amended so as to read as follows: Every
resident of the State who may have brought into the State,
or who may have bought, whether by sample or otherwise,
spirituous liquors, wines or cordials distilled or made out of
this State for the purpose of sale, twenty per cent, on the
amount of his profits; and every person who may have
16
1864. CHAP. 19—20—21.
bought to sell again spirituous liquors distilled in this State,
ten per cent. on the amount of his profits.
Sec. 2. Be it further enacted, That this act shall be in
force immediately after its ratification. [Ratified the 28th
day of May, 1864.]
SALARIES AND FEES.
Chap. 20. AN ACT TO AMEND " AN ACT IN RELATION TO SALARIES AND
fees.'*
Doubles fees of Section 1. Be it enacted by the General Assembly of the
Att. Genl. and 7 • 7 t n f
State Solicitors /State of North- Carolina, and it is hereby enacted by the au¬
thority of the same, That the second section of an act in
relation to salaries and fees, ratified the 14th day of De¬
cember, 1863, be so amended as to allow the Attorney
General and the State Solicitors for each judicial circuit
double the fees now allowed by law. [.Ratified the 28th
day of May, 1864.]
SOLDIERS.
Chap. 21. an act for the relief of the wives and families of sol¬
diers in the army.
$foooPooo.te8 Section 1. Be it enacted by the General Assembly of the
State of North-Carolina, a/nd it is hereby enacted by the au¬
thority of ike same, That the sum of one million of dollars,
payable in North-Carolina treasury notes, be and the same
is hereby appropriated for the support of the wives and
families of the indigent soldiers of this State, whether in
the service* of the State or Confederate government, or
whether killed in batyle or dying in the military service;
the said amount to be distributed among the several coun¬
ties of the State as prescribed in the second and third sec¬
tions of an act ratified on the 10th day of February, 1863,
entitled " An act for the relief of the wives and families of
soldiers in the army."
1864.——CHAP. 21.
IT
Sec. 2. jBe it further enacted. That the quota of each Quota shall be
, , • • i. i. c I. Paid t0 C°antF
county be paid to the commissioner or trustee of each Commissioner,
county, the said trustee or commissioner having given bond
with security approved by the county court of their respec¬
tive counties as soon after the first day of October next as
practicable, and shall be applied to the use and benefit of
the wives and families of the soldiers of this State, accord¬
ing to the rules and regulations which have been or may
be prescribed by the courts of pleas and quarter sessions of
each county.
Sec. 3. Be it further enacted, That the money hereby How paid am*
appropriated shall be paid and distributed according to the 1
provisions of the 6th section of the said act for the relief of
the wives and families of soldiers in the army, hereinbefore
referred to.
Sec. 4. Be it further enacted, That in addition to the Appropriates
f • o 1 1 11 $7,000 for re-
foregomg appropriation, the sum of seven thousand dollars lief of warriors.
in State treasury notes be and the same is hereby ap¬
propriated out of any moneys in the public treasury not
otherwise appropriated, to be paid by the Treasurer for the
use and benefit of the families of Indian warriors of the
Cherokee tribe, who have rendered service to the State or
Confederate States in the present war.
Seo. 5. Be it further enacted, That the Public Treasurer funds shaii be
forward the fjinds hereby and which have been heretofore cierk of Jack-
appropriated for the relief of the families of Indian war- rehef°of
riors, at as early a day as practicable, by some trusty agent, thans>
to the clerk of the court of pleas and quarter sessions for
the county of Jackson, who is hereby constituted the agent
of the State to receive the same, and that he, the said
agent, is hereby instructed to pay the said funds over to
such agent or agents as may be selected by the said In¬
dians in their own councils, to be expended in provisions
for their own use: Provided, That such agents so selected ProyUo.
by said Indians shall be disinterested persons: And pro¬
vided further, That such agents so selected shall give bond
properly conditioned and secured, and shall be required to
make to the Public Treasurer semi-annual reports of the
amounts of such provisions as they may have furnished said
Indians, with an accurate statement of prices, freights, &c.,
18
1864. Chap. 21—22—21
and in default of such agents to do so, they shall forfeit and
pay to the State double the amount placed in their hands
by the aforesaid clerk of the court of pleas and Quarter
Proviso. sessions for the county of Jackson : Provided further, That
such agents shall receive the same rates of compensation
allowed to the county agents for the whites.
Sec. 6. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
chap. 22. an act authorizing the governor to appoint a commis¬
sioner for the benefit of the representatives of de¬
ceased soldiers.
An agent shall Section 1. Be it enacted by the General Assembly of the
be appointed— a .
his duties, saia- State of North-Carolina, and it is hereby enacted by the cm~
ry' c' thority of the same, That the Governor is hereby author¬
ized to appoint an agent for this State,, whose duty it shall
be to investigate, collect and distribute the claims of the
representatives of deceased soldiers of this State; that said
agent shall hold his office for two years, or until his succes¬
sor shall be appointed, and that he be allowed an annual
salary of twenty-five hundred dollars, payable quarterly,
[audj in addition to the salary, said agent be allowed his ac¬
tual necessary expenses, not exceeding twenty-five hundred
^dollarsper year; and this act shall be in force from and
..after its ratification. [Ratified the 30th day of May, 1864.]
MISCELLANEOUS.
Chap. 23. AN APT TO REPEAL THE ACT RATIFIED THE 20tH OF SEPTEMBER,
1861, CONCERNING WINTER CLOTHING FOR OUR TROOPS.
Repeating sec- Section 1. Be it enacted by the General Assembly of the
Sta+e of North-Carolina, and it is hereby enacted by the au-
thyrity of the same, That the resolution ratified on the 20th
of September, 1861, entitled "A resolution to provide win-
1864. Chap. 23—24.
19
ter clothing for our troops," be and the same is hereby re¬
pealed.
Sec. 2. Be it further enacted, That in all cases hereafter ^o°tn®J
no money shall be drawn from the public treasury for the on Governor's
w&it&nt*
military establishment of this State upon the warrant of
the Governor, but specific appropriations shall be made by
the General Assembly for each department of the said mil¬
itary establishment, and the Treasurer shall keep his ac¬
counts accordingly.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. '[Ratified the 28th day
of May, 1864.]
AN act concerning the pee diem and mileage of the Chap. 24.
members of the general assembly during its present
cession.
Section 1. Be it enacted by the General Assembly of the Amount spec-
State of North Carolina, and it is hereby enacted by the
authority of the same, Tnat the members of the General
Assembly shall receive thirty dollars for each days atten¬
dance, and forty cents for each mile of travel to and from
the seat of government, from their respective places of
residence, by the most usually travelled route.
Sec. 2. Be it farther enacted, That this act shall bo in
force during the present session and no longer. [Ratified
the 21 st day of May, 1864.]
RESOLUTIONS
OF A PUBLIC NATURE, PASSED BY THE
'GENERAL ASSEMBLY
OF
NORTH-CAROLINA,
AT ITS
ADJOURNED SESSION OF 1884.
RESOLUTIONS "IN REFERENCE TO A BASIS OF PEACE.
How earnest Resolved, by the General Assembly of the State of North-
efforta to obi ' J , ,
tain peace shall Carolina, That while we regard the present war between
,be made. the Confederate States and the United States as a war of
-self-defence on the part of the Confederate States, yet we
do not hesitate to declare, that for the sake of humanity, it
becomes onr government, through its appropriate constitu¬
tional department, to use its earnest efforts to put an end to
this unnatural and unchristian work of carnage ; and to this
end we earnestly recommend that our government, alter
signal success of our arms, and on other occasions when no
one can impute its action to alarm, instead of a sincere de¬
sire for peace, shall make to the government of our enemy
an official offer of peace on the basis of independence &nd
nationality, with the proposition that the doubtful border
States shall settle the question for themselves by Conven¬
tions to be elected for that purpose, after the withdrawal of
all militaiy force of both sides from their limits.
The people and Resolved, That we believe that this course on the part of
our government would be hailed by our people and soldiers
1864. Resolutions.
21
as an assurance that peace will not be unnecessarily de¬
layed, nor their sufferings unnecessarily prolonged.
Resolved, That while the foregoing is an expression of gtotftothe
the sentiments of the General Asssembly respecting the prosecution of
ft defensive wftT
manner in which peace should be sought, we renew our
pledge of the resources and powers of this State to the
prosecution of the war (defensive an our part) until peace
is obtained upon just and honorable terms, and until the
independence and nationality of the Confederate States is
established. [Ratified the 28th day of May, 1864.]
resolutions respecting the national administrations and
the proper authorities to conduct negotiations for
peace with the enemy.
Resolved, by the General Assembly of the State of North- Expresses con-
Caroiina, That we have confidence in the fidelity and pa- Davis,
triotism of his Excellency, President Davis.
Resolved, That in our opinion the President and Senate The treaty ma-
of the Confederate States, being the treaty-making power klDgpower'
under the Constitution, are the only legitimate agents for
entering into negotiations for peace with the enemy.
Resolved, That our profoundest thanks are due, and are Thanks tender-
hereby tendered to our brave and devoted soldiers in the dier*.the 8°'"
field, for their heroic gallantry and fortitude which, under
the providence of God, have crowned their efforts with
such signal success. [Ratified the ^th day of May, 1864.]
resolution concerning the acts of congress.
Resolved, That the Secretary of State be and he is hereby Secretary of
, j i • i « State shall so-
authonzed and instructed to procure and place in the State curei2coPieB
Library one dozen copies of all acts of the several sessions of/each*&c#
of the Congress of the Confederate States, from the organi¬
zation of the government of the Confederate States of
America up to the present time. {Ratified the 28th day of
May, 1864.]
22
1864. Resolutions.
resolution concerning the north-o arolina wounded.
Surgeon3Ge9 Resolved^ That the Surgeon General of this State be in-
erai to secure structed to use his influence in obtaining the transfer of the
toNr.cfDSfer North-Carolina wounded, or as many thereof as may be
practicable, from the hospitals in Richmond to the hospi¬
tals in this city and elsewhere in the State. [Ratified the
28th day of May, 1864.]
resolution in reference to the public treasurer.
How he shall ResoVoed, That the Public Treasurer be and he is hereby
issue honied.*1 authorized to dispose of the Confederate treasury notes
treasury notes. now on hand, either by exchanging them for new issue, by
funding, or by paying them out less thirty-three and a third
per cent, of their face value, according to his best discretion.
[Ratified the 28th day of May, 1864.}
resolution concerning the importation 0f goods by the
state.
Governor shall Resolved, That the Governor be and he is hereby author-
agents oMnore ized to appoint two or more agents, who shall take charge
of the commercial and financial interests of the State in
the importation of goods, to prescribe their place of resi¬
dence, fix their compensation, and require from them re¬
ports in detail, which are to be laid before the General
Assembly.
Governor and Resolved, That in case the restriction imposed on the
purchase a ves- State by the instructions of Mr. Secretary Memminger are
set entire. nQj. remove(j) the Governor, or the agents of the State
named in the first resolution, be authorized to purchase a
vessel entire, in which goods yet undelivered in our ports
may be conveyed, and in the purchase a sale may be made
of such property acquired for the busines of importation aa
may be most advantageously shared.
1864. Resolutions. 23
Resolved, That S. E. Phillips, Esq., be appointed a com-
missioner to take the accounts of the officers and agents of the accounts of
the State who have been charged with the duties alluded to &c. '
in the message of the Governor; and said commissioner is
authorized to appoint a clerk, to summon before him wit¬
nesses, and to send for persons and papers. His compen¬
sation shall be fixed by the next General Assembly, and
that of his clerk in like manner; and to the said Assembly
he shall make his report.
Resolved, That the Treasurer be directed to pay the bills Duties of state
^ Tr©<isurcr
due or that may become due in Wilmington against the
State's interests in any vessel importing goods, and reim¬
burse the treasury for such expenditure by receiving ster¬
ling exchange at from the officer of the ship having
the right to draw on our foreign agent. [Ratified the 28th
day of May, 1864.]
RESOLUTIONS IN REFERENCE TO THE MILITARY ORGANIZATION
ENOWN AS "MALLETTS BATTALION."
Resolved, That our Senators and Representatives in Con¬
gress be requested to ask for the passage of a law author¬
izing the military organization now at Camp Holmes in
this State, and known as " Mallett's Battalion," to enter
into the military field service of the country: Provided, Proviso.
That the men of each company shall have the right to elect
their company officers, and the field officers shall be elected
by the company officers.
Resolved, That a Copy of this resolution be transmitted
by the Governor to our Senators and Representatives in
Congress, requesting immediate action to the matter. {Rati¬
fied the 28th day of May, 1864.]
RESOLUTIONS CONCERNING CERTAIN ACTS OF THE LATE CONGRESS
OF THE CONFEDERATE STATES.
Resolved, That while the people of North-Carolina have
ever been and still are anxious to strengthen the adminis-
ration of the Confederate government in every legitimate
Protests
agains infrad-
tiona of the
Constitution.
24
1874.——Eesolttions.
The act sus¬
pending the
•writ of habeas
evrpui.
The General
Assembly doth
not consent to
the sacrifice.
The acts of
conscription.
Looks to a Ire-
peal of the 1st
act and a modi¬
fication of the
Sod.
way, and to promote the success of the common cause in
order that we may have a speedy and honorable peace,
they view with deep concern and alarm every infraction of
the Constitution by the Congress of the Confederate j3tates,
and this General Assembly doth, in their name, protest
against such infractions as of pernicious example and fatal
tendency.
Resolved, That the act of the late Congress, entitled " An
act to suspend the privilege of the writ of habeas corpus
in certain cases," violates the fundamental maxim- of re¬
publican government which requires U separation of the
deparments of power, clothes the Executive with judicial
functions which Congress cannot constitutionally qonfer
even on the judiciary itself, and sets at naught the most
emphatic and solemn guarantees of the Constitution.
Resolved, That this General Assembly, representing the
people of North-Carolina, doth not consent to the sacrifice
of the vital principles of free government in a war carried
on solely to secure and perpetuate them, and doth declare
that " no conditions of public danger," present or prospec¬
tive, probable or possible, can render the liberties of the
people incompatible with the public safety.
Resolved, That the act of the same Congress, entitled
"An act to organize forces to serve during the war," de¬
claring all white men, residents of the Confederate States,
between the ages of seventeen and fifty, to be in the mili¬
tary service, embracing in its provisions every State officer
in all the departments, executive, legislative and judicial,
and subjecting all the industrial pursuits of the country to
military supervision and control, reduces the State govern¬
ments to mere provincial administrations, dependent on the
grace and favor of Congress and the Executive, is destruc¬
tive of state sovereignty, and imports an assertion of the
power on the part ef Congress to convert the Confederate
government into a consolidated military despotism.
Resolved, That this General Assembly doth therefore re¬
quest our Senators and Representatives in Congress to use
their best endeavors to procure a repeal of the first men¬
tioned act, and such modification of the second as shall se-
1864:.——Resolutions'
cnre the rights and preserve the integrity of the States of
the Confederacy.
Resolved. That a copy of these resolutions be transmitted Transmits a
rt -in . r. C0P? of tbese
to each of our Senators and Representatives m Congress, resolutions.
[Ratified the 28th day of May^ 1864.]
RESOLUTION IN RELATION TO GOVERNOR VANCE.
Resolved, That his Excellency, Z. B. Vance, is justly en- Expresses the
titled to the confidence and thanks of this General Assem- thanks of thed
bly for the able, faithful and successful manner in which he As~
has heretofore discharged and is now discharging the com¬
plicated and arduous duties of the executive office, embar¬
rassed as it has been by the difficulties growing out of the
present unjust and fiendish war.
Resolved f urther, That Governor Vance has the most Expresses the
hearty approval $nd cordial sympathy of this General As- vafan/cordfai
sembly, for the firmness and fidelity with which he has uni- thrGeneraJ*
formly adhered to the cause of our idependence, and re- 8emb'y-
sistance to the powers brought against us for our subjuga¬
tion. [Ratified the 28£/t day of May, 1864.]
RESOLUTION IN FAVOR OF HARMONY AND CO-OPERATION.
Resolved, by the General Assembly of the State of North- Exhorts to a
Carolina, That the present is deemed a fit and suitable oc- ^personal
casion to exhort the people of North-Carolina, by every fgudsf&I
consideration which can influence freemen and patriots to
a magnanimous surrender of all personal and party feuds;
to an indignant rebuke of every exhibition of factions tem¬
per ; to a generous support of all branches of the State and
Confederate governments in the legitimate exercise of their
constitutional powers; and to that harmonious and unsel¬
fish and patriotic co-operation which can alone impart to
our cause the irrepressible strength which springs from
united councils, fraternal feelings, and a fervent devotion to
the public weal. [Ratified the 28th day of May, 1864.]
26
18 6 i. Resolutions.
resolutions exempting state and other offioer8 from con¬
scription.
Preamble. Whereas, The fearless and free discharge of the officers
of the State is essential to the preservation of its sover¬
eignty ; and whereas Congress has no power to conscript
State officers, and as this General Assembly has already
by an act declared certain officers and employees of the
State exempt,
The state de- Resolved, That this State demands exemption from con-
mands the ex- . , -i. r
emption of cer- scription of all the civil and military officers thereof, and
ficers° er °f" also all county surveyors and jailers, and all and every class
of officers named in an act to exempt certain officers and
employees of the State from conscription, passed by thi^
General Assembly at its adjourned session in 1863*, and rati¬
fied the 14th day of December, 1863. [Ratified the 28th
day of May, 1864.]
resolution of thanks to the officers and soldiers of
north-carolina.
Tenders the Resolved, That the heartfelt thanks of the Legislature of
General0!^8 North-Carolina, now in session, are due, and are hereby
senary, &c. tendered to the officers and soldiers of the old North State,
for the brave and gallant manner in which they have lately
met and repelled the invading foe, (in Virginia and North-
Carolina, or elsewhere,) and we hereby pledge ourselves
not only as legislators, but as private individuals, to sustain
them in their noble efforts in the defence of the freedom of
our common country, that every effort in our power shall
be rendered them and their families while they are thus
engaged in so laudable and glorious a work, being fully
persuaded of the justice of our cause, we feel confident of
our success. [Ratified the 27 th day of May, 1864.]
1864. Resolutions.
27
resolutions to be laid before congress in reference to the
rights of north-carolina in the importation of goods.
Whereas, In the year 1861 the State of North-Carolina Preamble,
did enter into a contract with the Confederate States of
America to clothe the troops of said State in the army of
the Confederate States, which contract was highly advan¬
tageous to the government of the latter, and whereas, in
the execution of such contract the State of North-Carolina
has made large appropriations, has appointed commercial
agents, has purchased portions or interests in vessels im¬
porting goods, and has incurred expense and risk in the
undertaking which has gone directly in aid of the govern¬
ment of the Confederate States as well as to the comfort of
our own soldiers ; and whereas, the Honorable, the Secretary
of the Treasury, has decided that the sovereign rights of
the State cannot be recognized while private parties are
concerned in the ownership of the vessels which have been
used for the importation of goods on account of the State;
and whereas, the effect of said decision is extremely inju¬
rious, rendering the clothing of the State troops almost if
not utterly impracticable by closing the source of foreign
supply; and whereas, this General Assembly is advised
and believes that the aforesaid decision is not well founded,
although it is held to be the law of the case, by the Treasury
department for remedy whereof,
Be it resolved by the General Assembly of the State of ^e™^rs^ay
North-Carolina, That our Senators and members of the before Con-
House of Representatives be requested forthwith to lay facts!* eabove
before Congress the above recited facts, and to ask for the
adoption of an act or resolution declaratory of the rights of
the State in this behalf, and fc»r removing of the hindrances
by which the contract of the State will be defeated in its
execution.
Resolved, That a copy of the above preamble and reso- Governor t»
lution be transmitted by the Governor at the earliest early copy.°
practicable day to our Senators and Representatives in
Congress. [Ratified the %$ih day of May, 1864.]
28
1864. Resolutions.
a resolution in reference to the public treasurer.
Preamble. "Whereas, 13y ordinances No. 35 of the State Convention,
section 2, ratified the 26th of February, 1862, it is provided
that dues to the State shall be paid in the Confederate
treasury notes or in the treasury notes of the State; and
whereas, since the ratification of the act of the Confederate
Congress on the 17th of February last in reference to the
currency, offers of payment have been made to the
Treasurer in the treasury notes of the Confederate States
at par, issued prior to the said day, and he has declined to
accept the same at par in discharge of dues to the State.
Approves the Resolved, That the action of the public Treasurer in his
action of the , -1 ,
Pub. Treasurer behalf is by the General Assembly deemed to be just, and
is hereby fully approved. [Ratified the %$th day of
May, 1864.]
resolution to authorize a distribution of the revised
code of this state among teejustices of the peace who
have not been supplied.
Clerks shall Resolved, That the clerks of the several county courts of
furnish a list , . c ., n -i-io
of Justices un- this State be required to furnish the Secretary of State with
supplied. a ajj acting justices of the peace in the counties,
who have not been suppled with the Revised Code, and
upon the lists so furnished, the Secretary is hereby author¬
ized and required to distribute the Revised Code to the
clerks of the different county courts to be by them dis¬
tributed to the justices of the peace who have not been
supplied with the same; and the distribution shall be made,
in case there should not be enough on hand to supply all
the magistrates with one copy, in proportion to the number
reported from each county. [Ratified the 25th day of
May, 1864.]
1864. —-—Resolution.
2-9
RESOLUTIONS IN FAYOR OF THE WASHINGTON SUFFERERS.
Resolved, That the sum of fifty thousand dollars, in the Appropriates
$50 000.
Treasury notes of the State, be appropriated for the relief
of the destitute and suffering caused by the burning of the
town of Washington, in the county of Beaufort, and that
the Governor be authorized to draw the same out of any
money in the Treasury not otherwise appropriated.
Be it further resolved, That the Governor be authorized Duty^ of the
to expend the foregoing sum of fifty thousand dollars, or so
much thereof as may be necessary, in the manner which
he may think best calculated to relieve the distress intended
to be provided against, either by the purchase and supply -
of provisions or otherwise; and he may appoint agents for
that purpose. \Ratified the 28th day of May, 1864.]
RESOLUTION IN RELATION TO PUBLIC PRINTER.
Resolved, That the public printer be required to furnish Shall mail
each member of the Legislature the number of copies to Document^*1.!
which he is entitled of the correspondence between the
Governor and President and the accompanying documents,
(army register excepted) and to mail the same to them at
their respective post offices, and that he be authorized to
draw upon the Treasurer for the postage. [Ratified the
28th day of May, 1864.]
RESOLUTION IN RELATION TO THE ACTS REGULATING THE SALARIES
OF THE CIRCUIT JUDGES.
Resolved, That the salaries of the judges of the superior salaries,
courts of law and equity, authorized by an act of the Gen¬
eral Assembly ratified the 14th day of December, 186S,are
due and payable quarterly on the first days of April, July,
October and January, without the production of certificates
from the clerks as required before the passage of said act.
[Ratified the 28th day of May,-1864.]
30
1864. .Resolutions.
resolutions in relation to the judges, gov. vance and
the matter of t. p. napier.
The judiciary- Resolved, That a fearless discharge of duty by the judi¬
ciary of this State is indispensable to the protection of the
citizens from lawless violence, and that this General Assem¬
bly will sustain the judges in their efforts to vindicate the
majesty of the law and bring transgressors to justice.
The Governor. Resolved, That we approve the promptness and energy
manifested by the Governor in upholding and sustaining
our judges in their efforts to bring to justice all bad men
who transgress the civil law and endeavor to set its officers
at defiance. [Ratified the 2§th day of May, 1864.]
Per diem and
mileage.
Extra
ance.
allow
resolutions in favor of the speakers, clerks and door
keepers.
Resolved, That the Speakers of both Houses be allowed
thirty-five dollars, the principal and assistant clerks forty
dollars, the engrossing clerks thirty-five dollars and the
principal and assistant doorkeepers thirty dollars each per
diem and forty cents mileage for the present session, and
that the principal clerks of both houses be allowed the sum
of one hundred dollars each for transcribing the journals
for the public printer, and other incidental services for the
present session as an additional compensation to that now
allowed by law.
Resolved, further, That the principal and assistant door¬
keepers of both houses be allowed the sum of fifty dollars
each as an extra allowance for the present session. [Rati¬
fied the 28th day of May, 1864.]
resolution to appropriate monet for the premises around
the governor's residence.
$3PPJopriat€8 . Resolved, That the sum of three thousand dollars ($3,000)
be and the same is hereby appropriated to renew and im¬
prove the fencing around the Executive mansiou. [12 at fed
the 28th day of May, 1861.]
1864. Resolutions.
resolution in relation to the judges of the supreme and
superior courts.
Resolved, That the judges of the supreme and superior Expenses,
courts for the present year shall be allowed their actual
expenses while holding the terms of their respective courts :
Provided, such allowance shall not exceed twenty-five proviso,
hundred dollars. [Ratified the ZQth day of May, 1864.]
STATE OF NORTH-CAROLINA, )
Office of Secretary of State, >
June ttth, 1864. J
X, John P. H. Russ, Secretary of State in and for the State of
North-Carolina, do hereby certify'that the foregoing are true copies of
the original Acts and Resolutions on file' in this office. Given under
my hand, this 25th day of June, 1864:.
JOHN P. H. RUSS,
Secretary of State.
PEIYATE LAWS
OF THE
STATE OF NORTH-CAROLINA,
PASSED BT THE
GENERAL ASSEMBLY
AT ITS
ADJOUKNED SESSION OF 1864.
RALEIGH:
W. W. HOLDER, PRINTER TO THE STATE.
1864.
PRIVATE LAWS
OP Tne
STATE OP NORTH-CAROLINA,
PASSED BY THE
GENERAL ASSEMBLY,
at rra
ABJOUHNKD SESSION OF 1864.
ACADEMIES.
A.V ACT TO INCORPORATE THE FATBTTEVILLE MILITARY QJJig/p 1
ACADEMY.
SeCtton 1. Be it enacted by the General Assembly of the ^ eorpor.
Ethic <<f ATorth Carolina, arul it is hereby enacted by the »t*.
GtUhjrdy of the same, That Alfred A. McKethan, Wm.
McL. MoKuy, Lane B. Ilawley, John M. Robg, John"1
MacRae, Jno. II. Cook, M. G. Mathews, Alex. Johnson, Jr.,
Dr. Wuu C. Mcjjuriie and R. M. Overall and such other
persons as may b j associated with tlieih, be incorporated
into a company, under the namo and sty le of the
" Fayettqville Military Acadomy," for the purpose of estab¬
lishing a military and scientific institution of high grade ia
or near the town of Fayetteville.
Sec. 2. Be it further enacted, That said company he em- Powers,
powered to hold property in real estate not exceeding the
value of fifty thousand dollars, and that so much of such
real estate as shall be occupied for purposes directly con¬
nected with said institution be exempt from taxation.
1864. Chap. 2—3.
Degrees.
Saperinten-
deal*.
Proviso.
Proviso.
Bank.
Sec. 3". Be it further^ enacted, That the academic body o£
said institution be empowered to confer degrees upon*
students completing the prescribed eonrse as is now done
by the faculties of other institutions-of learning.
Sec. 4. Be it further enacted, That it shall be lawful for
the Governor to grant a commission to the superintendents
of said military institution 'r Provided,, that the rank thus-v
conferred be no higher than that of colonelthat it shall
be .lawful for the Governor to grant commissions to such
other officers of said military institute as may be recom¬
mended by the superintendent; Provided, the rank so-
conferred be no higher than that of captain.
Sec. 5. And be it further enacted, That officers commis¬
sioned as herein'before provided, shall take rank according
to date of commission, with officers in the line of North-
Carolina militia. [Ratified the 28th day of Mary, 1864.]
Chap. 2. Air act to incorporate Tip yancetvllle female seminary.-
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 "William Lea, James Poteat and
Thomas I. Wormack, and such other persons as may asso¬
ciate with them, their successors and assigns are hereby
declared to be a body politic and corporate by the name
and style of the Yanceyville Female Seminary, and as a
Capital stock, corporation may have a capital stock of twenty-five thousand
bylaws,&c. dollars, divisable into shares of fifty dollars each, and may
have by-laws, rules and regulations for their government^
such as by the laws of this state all corporations are
allowed to do.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 25th
day of May, 1864.]
1864. ■ -CHAP. 3 ft.
5
BAHKS.
an act to amend an act entitled " an act to extend the oh8$). 8.
chanter* of the bank of the state of north-carolina
for certain purposes," ratified the IIyh day of may, 1861.
Section 1. Be it enacted by the General Assembly of the extends former
State of North-Carolina, and it is hereby enacted by the an- act*
thority of the seme, That the provisions of the act entitled
u An act to extend the charter of the Bank of the State of
North-Carolina for certain purposes," ratified on the 11th
day of May, 1861, be and the same are hereby continued
and extended until the first day of January, 1867. [Rati¬
fied the 28th day of May, 1864.}
FISH.
an act concerning the free passage of fish in neu8e river. .
Chap. 4.
Section 1. Beit enacted by the General Assembly of the Dams, fisb-
iState of North-Carolina, and it is hereby enacted by the trap8'4o*
authority of the same, That it shall not be lawful for any
person or persons to construct dams, traps, wires or other
contrivances for the purpose of catching fish in Neuse river,
which shall obstruct more than two-thirds 4he width of said
ft
river ; nor shall such dams, traps, wires or other contrivances
be constructed within less than two hundred yards of each
ether from the opposite banks of the river.
Sec. 2. Be it further enacted, That all violations of the Violation* and
foregoing prohibitions shall be considered misdemeanors peIlalty•
■and punishable by either fine or imprisonment, or both,
and cognizable by the several courts of record in the
•several counties in which said obstructions may have
been erected.
Seo. 3. Be it further enacted, That upon conviction on D„ty of tke
the rendition of a judgment upon the verdict of a jury, ofBherilt
a violation of the provisions of this act, it shall be the duty
ef the she tiff of any county in which the breach of the
6
1864.——CHAP. 4:—5.
aforesaid law occurs, to abate or remove said obstructions
upon the receipt of a certificate of the clerk of the county
having jurisdiction of the same. [ Ratified the 28th day of
May, 1»64.
IMPORTING AND EXPORTING COMPANIES.
Chap. 5. AN ACT TO incorporate the cape fear importing and
exporting company.
Body politic. Section 1. Be it enacted by the General, Assembly of the
State of North-Carolina, and it is hen by enacted by the au¬
thority of the same, That O. G. Parsely, John D. Williams,
Henry Lilly, J. T. Murray, Andrew J. Howell, William' R.
Htley and William II. McRary, their associates and suc¬
cessors be and they are hereby declared a body politic and
corporate, under the name and style of the Cape Fear
Importing and Exporting Company, and by that name shall
have succession for the purpose of importing and exporting
goods, wares, merchandize and produce of any kind or
Privileges, description : That it may be lawful to import and export
from and to any foreign or domestic port or place that it
may be lawful to import from and export to; to transport
mails and passengers, and slall have power to hold and
dispose of such real and personal estate as may be neces¬
sary for the purpose aforesaid, and shall be entitled to all
the privileges granted to other corporations under the
twenty-sixth chapter of the Revised Code, entitled " cor¬
porations :" Provided they shall run no vessel during
this war.
Capital stock. Sec. 2. Be it farther enacted, That the capital stock of
said corporation shall be divided into shares of one hundred
each, and the capital stock of said company shall not exceed
one million of dollars at specie value.
Commissionera Seo. 3. Be it further enacted, That the following named
persons shall be commissioners, whose duty it 6hall be to
powers, Ac.
Proviso.
1864. Chap. 5.
7
open books to receive subscriptions to the capital stock of
said corporation at the several places hereinafter named at
such times as the directors hereafter to be appointed by
said corporations iray elect and determine, to wit: At the
town of Fayetteville, John D. Williams, A. W. Steel, H. L.
Myrover, H. Lilly, C.. B. Mallett, T. S. Lntterloh, J. A.
Cook, S. J. Hinsdale, J. Utley, James Kyle, E. L. Pem-
berton, Arch'd McLean, A. A. McKethan and J. G. Shep¬
herd ; at the town of Charlotte, Dr. E. Nye Hutchinson, J.
D. Brown, Lewis Williams and J. S. Scott; at the city of
Raleigh, George Little, R. S. Tucker, George W. Mordecai,
Kemp P. Battle and John G. Williams; at the town of
Graham, G. W. Swepson, R. Y. .McAdden and Thog. M.
Holt; at the town of'Greensboro', Robert Sloan, Jesse H.
Lindsay and Charles Shober; at the town of Salem, J. G.
Lash, E. A. Yogler, R. Gray; at the town of Lexington,
R. B. Roberts, Alfred Hargrave, Henderson Adams; at
the town of Salisbury, Prances E. Shober, ,W. Murphy, D.
A. Davis, J. I. Shaver, W. Overman, Thomas Brown ; at
the town of Concord, Cebel Phifer, Daniel Coleman; at
the town of Lincolnton B. W. Guion, C. C. Henderson ; at
the town of Morganton, Calvin Brown, W. F. McKesson ; at
the town of Laurenburg, I. T. Roper; at the town of Rock¬
ingham, W. D. Ledbetter, Walter P. Leak, Walter L. Steel;
at the town of Wadesboro', W. P.Kendall, H. B. Ham-
mons, S. W. Cole ; at the town of Tarboro,' W. S. Battle,
Robert Norfieet, J. L. I^ridgers, James M. Redman ; at the
town of Halifax, Henry Harvey, M. McMahon, John H.
"Hyman, A. B. Stith; at the town of Warrenton, John G.
Yancy, Jacob Parker, Wm. P. Alston; at the town of
Hillsboro', Thomas Webb, H. W. Brown; at the town of
Goldsboro', E. B. Borden, W. H. Harvey, John Everett*
W. S. G. Andrews; at the town of Wilmington* Afred
Martin, A. G. Parsely, Samuel J. Person, Edward Kidder^
B. G. Worth, Eli Murray, S. D. Wallace, John Dawson, T*
L. Walker, W. H. McRary, W. R. TJtley, A. J* Howell
and J. Murray.
Sec. 4. Be it further enacted, That this aet shall be and
continue in force for the term of thirty years from and after
the ratification thereof. [Ratified the 2 %th day of May, 1864.]
1864.—CHAP, 6.
MINING AND MANUFACTURING COMPANIES.
Chap. 6. an act to incorporate the cross creek manufacturing
company in the county of cumberland. '
•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 Edmond J. Lilly, Augustus W.
Steel, James R. Lee, John Shaw, their associates and suc¬
cessors, be and they are hereby created a body politic and
corporate, under the name and style of the Cross Creek
Manufacturing Company, for the purpose of manufacturing
cotton and such other articles as they may choose on Cross
creek, in the county of Cumberland, with privilege to buy
and sell goods, wares and merchandize, should they deem
proper to do so, and hold all such real estate and other
property as may be necessary in order to enable them to
conduct their manufacturing operations with convenience
and profit.
- Capital stock. Sec. 2. Be it further enacted, That the capital stock of
said company shall be thirty thousand dollars, in shares of
one hundred dollars each, with power to the stockholders, a
majority of the stockholders concurring, to enlarge the
capital to sixty thousand dollars.
Books shall be Sec. 3. Be it further enacted, That it shall be the duty of
,iept* the corporators to keep a full and fair record of their pro¬
ceedings in a book or books provided for that purpose, and
to produce the same 4n any court of record whenever so
required by said court.
sm case of fail- Sec. 4. Be it further enacted, That in case of the failure
Br*' of said corporation to pay its liabilities, the stockholder#
shall be liable to the amount of stock owned by each cor¬
porator respectively at the time of such failure, after the
property of said company shall have been exhausted and
not before.
Seo. 3. Be it further enacted, That this act shall be i»
force and effect from and after its ratification. [Ratified the
$5th day of May, 1864J
1864.——chap. 7.
9
ah act to incorporate the fayetteville mill manufao- chap. 7-
turing company in the county op cumberland.
Section 1. Be it enacted by the General Assembly of the body politic.
State of North-Carolina, emd it is hereby enacted by the au¬
thority of the same, That Edward L. Pemberton, James R.
Lee, John Kershaw, A. L. Scott, M. M. Davis, &c., John
Shaw, W. R. Johnson, their associates and successors, be
and they are hereby created a body politic and corporate,
under tbe name and style of the Fayettteville Mill Manu¬
facturing company, for the purpose of manufacturing cotton
and such other articles as they may choose, on Cross creek,
in the county of Cumberland, with privilege to buy and PriTiiegec.
sell goods, wares and merchandize, should they deem
proper to do so, and to hold all such real estate and other
property as may be necessary in order to enable them to
conduct their manufacturing operations with convenience
and profit.
Seo. 2. Be it further enacUd, That the capital stock of capital stock,
said company shall be fifty-four thousand dollars, in shares
of one hundred dollars each, with power to the stockholders,
a majority of the stockholders concurring, to enlarge the
capital to ninety thousand.
Sec. 3. Be it further enacted. That it shall be the duty of Books shall be
said corporation to keep a full and fair record of their pro- kept*
ceedings in a book or books provided for that purpose, and
to produce the same in any court of record whenever so
required by said court. x
Sec. 4. Be it further enacted, That in case of the failure In caM f«}-
7 are*
of said corporation to pay its liabilities, the stockholders
shall be liable to the amount of stock owned by each cor¬
porator, respectively at the time of such failure, after the
property of said company shall have been exhausted and
not before.
Sec. 5. Be it fu/rther enacted, That this act shall be in
force from and after its ratification. [Notified the %5th day
of May, 1864.]
1864. CHAP. 8—9.
rfaap, §. AN ACT to amend the charteb of the beavek ceteek manu¬
facturing' company.
Amendatory or Section 1. Be it enacted by the General Assembly of the
former act. State of North- Carolina, and it is hereby enacted by *he au¬
thority of the same, That from and after the ratification of
this act, the charter of the Beaver Creek Manufacturing
Company, in Cumberland county, is so amended that each
share of stock may have one vote, and that all elections be
made in the town of Fayetteville for the officers of the
company instead of Beaver creek as heretofore. [Nulifad
the £8th day of May, 1864.]
Chap. 9. an act to incorporate the Mecklenburg iron and steek
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 W. C. Kerr, E. Nye Hutchinson,
John Springs, J. j?. Irvvm, W. L. Wriston, J. J. Blackwood
and L. S. "Williams, the.ir associates, successors and assigns,
be and they are hereby created and constituted a body
politic and corporate, by the name and style of the "Meck¬
lenburg Iron and Steel Company," and as such shall have
succession, and may have and use a common seal and change
the same at pleasure; may sue and he sued, plead and be
impleaded in any court of law and equity; shall have
power to make all such by-laws and regulations, not incon¬
sistent with the existing laws and constitution of this State,
as may be deemed necessary for the government of said
company, which shah be binding (hereon; and shall have
Rights and exercise and enjoy all the rights and privileges of a body
pnnieges. corporate necessary or requisite to carry on the business of
exploring and mining coals, iron, ores and all other miner¬
als, and smelting, manufacturing, transporting and vending
the same, and establishing and worki ig iron and s eel fur¬
naces, forges, foundries, rolling mill3 and other manufac¬
tories of metalic fabrics, and of transporting and vending
their products, and shall have power to purchase, lease,
1864-—-CHAP. 9.
11
hold, convey and dispose of any estate, real and personal;
Provided, That said corporation shall at no time hold more Proviso,
than twenty thousand acres of land ; said company shall
also have the right, power and authority to build and con¬
struct roads and ways, whether tram, plank, railroad or
turnpike, and to change the same as to them may seem
advisable, for the transportation to, from or between their
mines, furnaces, forges, mills, foundries and factories of iron,
coke, coal, ores, minerals, metals and materials and other
supplies and products of their works; and also to construct
such canal or canals and drains as may be required or needed
for. the supply of. water to their furnaces,' forges, factories
and foundries, for the transportation of coal, ores or mate¬
rials or other supplies as aforesaid, and the drainage of their
mines: and such roads canals, or drains shall be open to the
use of the public upon the payment of such reasonable
tolls and compensation and subject to such rules and regu¬
lations as said corporation may by their by-laws establish ;
Provided, That neither of the said railroads, tram roads, Proviso,
turnpikes or canals shall be over twenty miles in length.
Sec. 2. Be it further enacted, That when any lands or Lands or right
rights of way may h© required by said company for con- of way*
structing said roads, canals or drains, and for want of agree¬
ment as to the value thereof or for any other cause, the
same cannot be purchased of the owner or owners, the same
may be taken and the Value thereof ascertained as follows,
viz ; On application of the company or owner to any jus¬
tice of the peace of the county where said land or right of
way may situate, it shall be his duty to issue his warrant
to the sheriff of the county to summon a jury of at, least
five free holders to meet on the land on a day expressed in
said warrant, not less than five nor more than twenty-days
thereafter, and the sheriff or his deputy on the receipt of
such warrant shall summon the jury and when met shall
administer an oath or affirmation to them, if three or more
appear that they will impartially value the land or right of
way in question. The proceedings of such persons, accom¬
panied by a description of the lands or right of way, shall
be returned under their hands and seals or a majority of
thorn by the sheriff to the clerk of the county court, there
12
1864. CHAP. 9.
to remain a matter of record; and on the payment of said
valuation, or if refuged, its deposit in the office of the clerk,
the lands or right of way so valued shall rest in said com¬
pany .so long as the same shall be used for the purpose of
said road, canal or drain ; Provided, That the location of
said road, canal or drain shall not interfere with any grave¬
yard, house, house lot or garden, without the consent of the
owner thereof; Provided further, That no more land shall
be condemned for the purpose aforesaid than thirty feet in
width on either side from the center of said road, canal or
drain; And provided further, That if such owner or the
company shall be dissatisfied with the valuation of said
jurors, either party may have an appeal to the county or
superior court of the county in which the land lies, but such
appeal shall not delay or interrupt the use or enjoyment of
said right of way by said company.
Capital stock Seo. 3. 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 the by-laws of the
corporation may prescribe; said shares Bhall be personal
property, and certificates thereof may be issued and made
transferable and assignable and liable to assessments, for¬
feiture and sale by the board of directors in such manner
as may be prescribed in the by-laws of the corporation ;
Proviso. Provided, That the capital stock of said company shall not
exceed one million of dollars ; Provided further, That any
other corporation shall have the privilege of holding shares
of stock in said company subject to the same rules and con¬
ditions as other stockholders.
Board of direo- Seo. 4. Be it further enacted, That the affairs of said
01 £' company shall be managed by a board of directors, all of
whom shall be stockholders of said company and citizens of
the Confederate States; said board of directors shall be
composed of such number and shall be elected by the
stockholders in such manner as the by-laws shall direct, and
they shall chose one of their number to be president of the
board of the company; three of said board shall constitute
a quorum to 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 vacancies which may happen
Proviso.
Proviso.
Proviso.
1864. CHAP. 9-10—11.
1$
in their body and until the first election of directors by the
stockholders, and the said W. C. Kerr, J. P. Irwin, E. Nye
Hutchinson, J. M. Springs, M. L. Wriston, J. J. Blackwood
and S. L. Williams shall constitute the board of directors of
said company, with full power and authority to exercise all
the corporate powers thereof.
Sec. 5. Be it further enacted, That general meetings of General meet-
the stockholders may be called and held as the by-laws ins'
shall prescribe; that to constitute a meeting there must be
present in person or by proxy (the proxy being a stock¬
holder) a number holding a majority of the stock, each
share of which shall entitle the holder to one vote.
Seo. 6. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
ast act to amend the charter of the lockville mining and Chap. 10.
manufacturing company.
Section 1. Be it enacted by the General Assembly of the Amendatory of
State of North-Carolina, and it is hereby enacted by the au¬
thority of the same, That any railroad or corporation may
subscribe to the capital stock of the Lockville Mining and
Manufacturing Company to any amount not exceeding ten
per cent, of the capital stock cf said subscribingcorporation.
Sec. 2. Be it further enacted, That this act shall be in
three from and after its ratification. [Ratified the 28th day
of May, 1864.]
PLANKROADS.
an act in regard to tolls on the western plankeoad. Chap. 11.
Section f. Be it enacted b/ th* General Assembly of the a mends see-
State of North-Carolina, and it is hereby enacted by the au- o'flssi. ° *et
tkority of the same, That section twenty-three (23) of an
act ratified on the 2Sth day of January, 1851, entitled " An
act to incorporate the Western PJankroad company" be
H
58 64. Chap. 11—12.
amended by changing the first clause of said section, and
the rate of toll to be charged for passing the bridge belong¬
ing to said Plankroad Company across the Catawba river,
so that the section shall read as follows: "That the said
Plankroad Company is hereby authorized to erect toll gates
at their bridge across Catawba river, and from all persons
who may cross said bridge may require the following tolls,
viz: For every pleasure carriage three dollars, for every
two horse buggy two dollars and fifty cents, for every one
horse buggy two dollars, for every four horse wagon three
dollars, for every two horse wagon two dollars, for every cart
one dollar, for every one horse wagon one dollar, for every man
and horse fifty cents, for every person on foot twenty-five
cents^ for every loose horse or mule twenty-fire cents, for
every.coW, hog, or sheep, twenty-live cents, and for every
animal on foot intended for exhibition one dollar. [Batifi&d
the 28th day of May, ] 86L]
RAILROADS.
AST ACT TO AMEND THE CHARTER OP TR 'J FAYETTE VILE AND
; FLORENCE RAILROAD COMPANY.
Amendatory of Section 1. Be it enacted by the General Assembly bf the
formerCch°rter. State of North-Carolina^ and it is her (by enacted by the au¬
thority of the same, That so much of the 5th section of the
ordinance of -the convention of North-Carolina, entitled
"An ordinance to charter the Florence and Fayetteville
Railroad Company," as requires a subscription of one hun¬
dred. thousand dollars before fin organization of said com¬
pany be made, be and the same are hereby repealed, and
that whenever fifty thousand dollars shall be subscribed the
commissioners therein appointed may call a general meet-
issgof stockholders and said company may be duly organ¬
ized and proceed to the construction of said rpjftd, and that
in organizing said company the stockholders shall not bo
required to elect a treasurer, but said officer shall be elected
by and be amenable to the board of directors.
Subscriptions Skc. 2, Be it further enacted, That the justices of the
for stock. eonnty court of any county or the authorities of any moor*
Chap. 12.
1S64. CHAP. 12—13.
15
porated town, or the authorities of any corporation in this
State, shall have full power-and authority to subscribe for
the stock of this company, and to issue bonds and other
evidences of debt for the purpose of receiving money to
pay the same under such rnles and regulations as said
authorities may adopt, and to levy and collect taxes to pay
the same. [Ratified the 28th day of May, 1864..]
act to incorporate the PLASTER bastes* and salt worka' Chap. 13.
railroad COMPANY.
Section 1. Be it enacted by the General Assembly of the Bodj politic.
State of North- Carolina, and it is hereby enacted by the
authority of the same, That for the purpose of forming a
connection with the Western North-Carolina Railroad and
the Atlantic, Ohio and Tennessee Railroad, the valley of
the Yadkin and some point on the Virginia line in the
direction of the iron, lime, plaster and salt region of that
State, a company is hereby authorized to he incorporated
Under the name and stylo of the " Plastor Banks' •; id alt
Works' Railroad Company," which shall have a r.i.rporate _
. , , t . , , . * Powers.
existence as a body ninety-nine years ; ana by that name
may sue and be sued, plead and be impleaded, may have
and use a common seal, and shall he capable in law and
equity of purchasing, holding, leaning and conveying estate
both real and personal and mixed, and of acquiring too
same by gift or will so far as may be necessary for the par-
poses herein contemplated and 110 further; and paid com¬
pany may enjoy all other rights and immunities which other
corporate bodies may lawfully exercise, and make all
necessary by-laws and regulations for itn government not
inconsistent with the constitution and laws of the State of
North-Carolina or of the Confederate States of America.
Seo. 2. Be it further enacted, That the said company Additional rail-
shall have power and authority to construct a railroad from
the town of Statesville to some point on the Virginia line
iu the direction of the lime, iron, plaster arid salt region
in that State.
16
1864.——Chap. IS.
Capital stock. Sec. 3. Beit further enacted, That the capital stock of
said company shall not exceed three millions of dollars^
divided in shares of one hundred dollars each, and may
raise the same by subscription of individuals, counties^
towns and corporations of ahy and every description
whatsoever, equal in amount to a sum sufficient to construct
and equip the road herein authorized to be built.
Commission- Sec. 4. Be it further enacted, That 0. A. Carlton and fiL
®r8, F. Simonton of the town ot Statesville, O. J. Ford and
Jerry Tomlin of the town of Olin, J. A. Young and Wm.
johtistofi of the town of Charlotte^' A. 0. Mcintosh and
Alfred Carson in the town of FayettCviJle, Andrew Conler
and A. H". Martin in the town of Hamptonville, A. B. F.
Gaither and Wm. J. Colvert of the county of Iredell, N.
A. Joyner and II. F. Armfield in the town of Yadkinville,
B. B. Bur and Dr. E. B. Hampton in the town of Jonesville,
Dr. James Calaway and Oliver Cowles in the town of
Wilkesborough, T. S. Martin and Thomas Long in Hunts-
ville, Tyre York and John Alexander at Trap Hill, and
such other persons as the above named persons may appoint,
are hereby appointed commissioners to receive subscrip¬
tions to the capital stock of said company in each of the
said towns and counties, any three of whom may have
power to act, first giving ten days notice in one of the
Boeks. newspapers of this State, of the time of opening the books
for that purpose; and any five of said commissioners may
at any time after said books have been kept open for
twenty days have power to call together the subscribers to
the capital stock of said company for the purpose of organ¬
izing the said company, and the commissioners may, after
the organization of the company, from time to time receive
further subscriptions to the capital stock as they may
deem proper.
wjien^n gen- Sec. 5. Be it further enacted, That whenever the sum of
•hailbewiTed. one hundred thousand dollars shall have been subscribed,
by responsible persons, corporations, towns or counties to
the capital stock of said company, and the sum five dollars per
share shall have been paid in, the said general commissioners,
the Bubsci ibers, their successors, executors or administrators
or assigns shall be and they are hereby declared incorpor-
1864. Chap. 13.
17
ated into a company, under the name and style of the
" Plaster Banks5 and Salt Works' Railroad Company," and
the said general commissioner shall forthwith call together
the stockholders of said company, by giving public notice
of the place of meeting for thirty -days, who shall proceed
to organize the company by the election of a president,
treasurer and nine directors, out of the number of the
stockholders, who shall 9erve for one year and until others
are elected, according to the rules and regulations con¬
tained in the charter of the Western Railroad Company,
amended by several mendments now existing thereto. Powers and
Sec. 6. Be it further enacted, That for the purpose of privileges,
raising the capital stock, organizing said company, and
constructing said railroad, this corporation is hereby invested
with all the franchises, rights, powers and privileges, and
made subject to the duties and liabilities that the Western
Railroad Company are invested with and subject to by
their charter.
Sec. 7. Be it further enacted, Tl^t said company may Annual"a eel-
hold annual meetings of its stockholders and oftener if mga>
deemed necessary; Provided, That in all such meetings of
the stockholders a majority of all the stock subscribers shall
be represented by proxy or in person, and each share thus
represented shall be entitled to one vote on all questions ;
and said company shall have power to call for and enforce
the payment of all stock in like manner as the Western
Railroad enforced the collection of theirs under their
charter; and shall have power to condemn land for the
use of the company if necessary to the same, and in the
same manner and under the same rules, regulations and
restrictions as the said Western North-Carolina Railroad
Company were authorized to do by the said act of incor¬
poration, and the gauge of this shall be the same as the
gauge of the said road.
Seo. 8. Beit further enacted, That said company shall *»?®wjred k>
have power to borrow money for the completion of said
road, and issue bonds for the same, bearing interest not
exceeding seven per cent, per annum, and secure the pay¬
ment of said bonds by procuring personal endorsers or
executing mortgages upon their road or other property, and
18
1864. Chap. 13—14—15.
that said company may have the exclusive right of trans¬
porting persons and freight upon said road at such rate#
and charges as the board of directors may fix.
Sec. 9. Be it further enacted, That this act shall he in
force from and after its ratification. [Ratified the 30th day
of May, 1864.]
Chap. 14. an act to amend an act entitled " an act to charter the
shelby and broad river railroad company."
Amendatory of Section 1. Be it enacted by the General Assembly of the
®imeract. State North-Carolina, and it is hereby enactedby the au¬
thority. of the same, That " An act to charter the Shelby
and Broad River Railroad," passed the 10th day of Feb¬
ruary, in the year of our Lord one thousand eight hundred
and sixty-three, be and the same is hereby amended so as
to allow the company thereby chartered to increase the
capital stock of said company to the amount of one million
five hundred thousand dollars, and to increase at their
-discretion the number, of directors constituting the board
to thirteen.
^powered Sec. 2. Be it further enacted, That the said Shelby and
branch roads. Broad River Railroad Company be and it is further author¬
ized to construct bvanches of not more than ten miles in
length to such points near the route of said Railroad as
may be deemed expedient.
Sec. 3. Be itfui tker enacted, That this act shall be in
force from its ratification. [Ratified the 28th day of
May, 1S64.]
ROADS.
Chap. 15. an act to amend an act entitled " an act for the improve¬
ment of the roads in the counties of henderson, bun-
' oombe, madison and yancey."
acTou 55%^ 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 first section of the act passed
1864. Chap. 15—16—17.
19
in ISSS-'SS, entitled " An act for the improvement of the
roads in the counties of Henderson, Buncombe, Madison
and Yancey" be so amended as to include the county of
Transylvania. [Ratified the 28th day of May, 1864.]
TOLL BRIDGES.
an act to amend an act authorizing the erection of a ChaV. 16.
toll bridge over the catawba river between the towns
of newton and lenoir.
Section 1. Be it enacted by the General Assembly of the amendatory of
State of North- Carolina, and %t is hereby enacted by the au- act of 1843~ 49'
thority of the same, That an act entitled an act to authorize
the erection of a toll bridge over the Catawba between the
towns of Newton and Lenoir, passed at the session of
Legislature, 1848-'9, be and the same is hereby amended
so as to allow the company to charge the following toll:
Upon all six horse wagons one dollar and fifty cents, five
horse wagons one dollar and twenty-five cents, four horse
wagons one dollar, three herse wagons seventy-five cents,
two horse wagons fifty cents, upon four wheeled pleasure
carriages one dollar and fifty cents, on two horse buggies
one dollar, on one horse buggies seventy-five cents, on two
wheeled pleasure carriages fifty cents, upon man and horse
or mule twenty -five cents, single horse and mule ten cents,
upon foot passengers ten cents, upon every head of horned
cattle six cents, upon hogs and sheep four cents.
Sec. 2. Be it further enacted, That this act shall be in
force two years from its passage and at the end of two
years the rate of toll now allowed shall be re-established.
\_Ratified the 2%th day of May, 1864.]
an act to incorporate the island ford toi.l bridge company chap. 17.
in the county of r0ce3ngham.
Section 1. Be it enacted by the G&freral Assembly of the Body corpor-
State of North-Carolina, and it is hereby enacted by the
authority of the same, That a company be and the same is
hereby incorporated under the n&me and style of " The
1864. Chap. 17.
Island Ford Toll Bridge Company," with a capital stock of
fifty thousand dollars, divided into shares of one hundred
dollars each, to continue and have a corporate existence as
a body politic and corporate for thirty years, for the purpose
Bridge. and with the authority to build and construct a bridge over
and across Smith's river in the county of Rockingham, at
or near the island ford on said river where the public road
leading from Leaksville to Danville crosses the same, with
all the power and authority vested in corporations by chap¬
ter twenty-six of the Revised Code of North-Carolina,
nnder the title " Corporations," not inconsistent with the
laws of th^p State, or the provisions of this act.
Commasiooera Sec. 2. Be it further enacted, That A. B. Johns, Jones
W. Burton, Thomas Reynolds and Daniel E. Field are
hereby appointed commissioners to open books of subscrip¬
tion to said stock, and to keep the same open for the space
of ten days, and as soon as the sum of ten thousand dollars
is subscribed, the subscribers shall be a body politic and
corporate by the name and style and for the purposes
aforesaid.
»«ard of dtree- Sec, 3, J2e n further enacted, That the stockholders shall
appoint three of their body as directors to manage and
conduct the affairs of said corporation, and in all meetings
of stockholders each stockholder shall be entitled to one
vote for each share of stock held or owned by him, and the
.said* directors shall appoint one of their body president,
who, together with the other two directors* shall hold their
appointments for the space of two years and until their
successors be elected and appointed.
Beg. 4. Be it fwrth&r enacted, That said corporation shall
have power and authority to fix the rate of tolls for crossing
said bridge, and to make all such by-laws and regulations
as it may .deem necessary and proper, not inconsistent with
the laws of this State, and to open books of subscription
for the balance of its stock until all is subscribed.
Sec. 5. .And whereas, it is desirable that a free
bridge should be built, at the- above place desig¬
nated, which the county court of Rockingham hath
hitherto neglected,or declined to do : Therefore be it enacted,
that if said court shall at its next August term, 1864, neg-
4on.
Frotmfcie.
1864. Chap. 17—18.
lect, decline or refuse to make the proper and necessary
orders to build a free bridge at the place, and shall neglect,
decline or refuse to keep up said free bridge after the same
is built for the space of six months, then, in either event it
shall be the duty of the said persons appointed, to open Duty of com-
books of subscription for the stock aforesaid ; and as soon miMlonera>
as said corporation shall construct said toll bridge and have
fiie same ready for the use of the public, the said corpora¬
tion may turn said road so as to cross at said bridge and
may close said ford to the public, unless said bridge is
destroyed by fire, water other cause or it becomes neces¬
sary to repair the same, during which time the said ford
shall be kept open for public use until said bridge is ready
for public use, when the said corporation shall close the
same again.
Sec. 6. Be it further enacted, After the organization of
said corporation, it shall not be lawful to build, construct or &o.
open any other bridge, ferry or ford over said river for
public use within two miles of said toll bridge. ,
Sec. 7. Be it further enacted, It shall be lawful for the Subscription
_ stock DY OOtttt*
county court Rockingham, a majority of the justices ty.
being present at its next August term, to make an order
authorizing the subscription of the county to the stock of
said company, and this act shall be in force from and after
its ratification. [Ratified the 28th day of May, 1864.]
TOWNS.
an act to enlarge the powers of the commissioners of Chap. 18.
the town of wilmington.
Section 1. Be it enacted by the General Assembly of the Authorises the
State of North-Carolina, and it is hereby enacted by the au- tamuaek ****
thority of the same, That the commissioners of the town of
Wilmington shall have full power and authority to levy
and collect a tax for municipal purposes upon all auction
sales made within the' corporate limits of the town, and
they may impose either a specific tax upon auctioneers or
22
1864. Chip. 18—19.
a tax upon the gross proceeds of the sales made by them
not to exceed five per centum thereof, or upon the gross
profits or commissions of the auctioneers, and they may
require the paypient of such tax to be made monthly or
quarterly, semi-annually or annually, as they may deem
proper.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 26th day
of May, 1864.]
Chap. 19. an act to enlarge the powers of the mayor and commis¬
sioners of the town of fayettevillb.
Treasurer. Section 1. Be it enacted by the General Assembly of the
State of North- Carolina, and it is hereby enacted by the aur
thority of the same, That the mayor and commissioners of
the town of Fayetteville may annually*appoinfc any suitable
citizen-of the town to act as treasurer of the town for that
year, without being restricted in their election to one of
their own body for said appointment.
Salaries. Sec. 2. Be it further enacted, That the mayor and com¬
missioners of Fayetteville be and are hereby empowered
to pay the mayor of the town such salary as the board may
deem adequate for his services.
Fines and pen- Sec. 3. Be it further enacted, That the mayor and com¬
missioners of Fayetteville shall have power to enforce their
ordinances, rules and regulations by imposing fines and
penalties for their infraction not exceeding one hundred
Previse. dollars: Provided, That after conviction and judgment,
the mayor shall have power, at his discretion, to reduce the
fine and penalty to a sum not less than one dollar by remit¬
ting the excess.
Bic^aiftp«mr ^E0' ~^e ^ fur^ier enacted, That the mayor and com-
•es. missioners of Fayetteville be and are hereby empowered
to impose the same taxes for municipal purposes upon all
persons whose ordinary avocations are pursued within the
corporate limits of the town, although resident beyond the
1864.——CHAP. 19—20.
23
■corporate limits, in like manner and to the same extent as
ipon persons resident within the corporate limits: Pro¬
vided^ That non-residents thus taxed shall have the right *>r0T'60"
to vote at municipal elections.
Sec. 5. Be it fv/rther enacted, That this act shall bo in
force from and after its ratification. [Ratified the ZSthday
of May, 1864.]
an act to amend the charter of the town of charlotte, ^
passed at the session of 1860-'61. Chap. 20.
Section 1. Be it enacted by the Ceneral Assembly of the
State of North-Carolina, and it is hereby enacted by the Amendatory 0f
thority of the sames That an act entitled " An act to incor- 8e€tIQa3<
porate the town of Charlotte, in the county of Mecklenburg,"
be amended as follows : Section 3 shall be amended to read
as follows: " That the said town shall be divided into four
wards, by the intersection of Trade and Tryon streets, to
be known as follows: that part of town lying north-east of
said intersection as ward No 1; that part lying south-east
of intersection of same streets as ward No. 2 ; that part
lying south-west of intersection of same streets as ward No.
3; and that part lying north-west of intersection of same
streets as ward No. 4. The board of commissioners of said
town shall consist of nine persons, viz: A mayor, who shall
be elected by the voters of the town generally, and two
commissioners for each ward, who shall be elected by the
voters in their respective wards, and who reside and continue
to reside, while in office, in the ward for which they are
chosen. They shall be elected biennially and serve until
others are elected and qualified. The mayor shall be pres¬
ident of the board of commissioners, and shall have no vote
in said board except in case of a tie, in which case he shall
have the casting vote. Section 4 shall be amended as fol- Amendatory of
lows: In the 13th line strike out the words " two inspectors" 80Ctlon *•
and insert "five inspectors," one for the mayor's election
and one for each ward in the commissioners election ; in
the 14th line insert the word " who " before " shall receive jn
in the 16th line strike out the words " one box " and insert
" the respective ward boxes;" in the 19th line after the
24
1864.—-Chat. 20.
-words " one list" add " for each ward ; " in the 29th line
strike out the word "eight" and insert " two," and after the
word " persons " insert " in each ward;" in the 32lnd line
after the words " two or more persons " insert the words
Amendatory of " in one ward." Section 5 shall be amended in the 7th
section5. line,- after the word "dollars" add "said freehold to be
owned by the commissioner in the ward for which he is
Of section 0. chosen." Section 6 shall be amended by inserting after
the words " town tax " in the 4th line the words " and all
arrearages of town taxes," and at the close of the section
add the words " for the ward in which said real estate lies
or in which he resides: Provided, That no person shall be
allowed to vote in more than one ward for commissioners."
of section#. Section 9 shall be amended by inserting after the word
"ordinances," in the 8th line, the words "and shall have
original jurisdiction of all suits for the recovery of such
penalty or penalties not exceeding in amount five hundred
dollars in any one case;" in the 3rd line from the end of
the section strike out the balance of the section after the
word " collected " and add " and the mayor shall receive a
reasonable salary to be fixed by the board of commissioners,
and to be paid annually by the treasurer of the same."
of section 24. Section 24 shall be amended as follows: In article Ho. 1,
strike out the word " four" and insert " ten;" in article
Ho. 2, strike out the words "fifty cents" and insert "one
dollar;" in article Ho. 3, strike out the words "two" and
insert " four " ; in article Ho 4, strike out the words " one-
fourth of one per cent" and insert " one per cent.in ar¬
ticles Ho. 5, 6 and 7, strike out the word " two " and insert
" four;" in article Ho. 8, strike out the word " five " and
insert " fifty;" in article Ho. 9, strike out the word " one "
and insert "twenty-five;" in article Ho. 10, strike out
" one hundred " and insert " not exceeding one thousand ; "
in article Ho. 11, strike out " fifty " and insert " not exceed¬
ing five hundred ;" in article Ho. 12, strike out the words
"fifty cents" in the 6th line and insert "one dollar ;" in
the 7th line after the words " brought into the town," strike
out the words " for sale ;" and in the 8th and last line strike
out the word " ten " and insert in both places the word
" fifty;" in article 13, after the words " business in the
11864. Chap. 20—21.
town," in the second line add the words " a tax not exceed¬
ing fifty dollars," and at the last of the article strike out
" ten dollars " and insert " one hundred dollars in article
14, strike out " ten " and insert " fifty in article 15, strike
out "five" and insert "twenty-five;" in article 16, strike
but " ten " and insert " one hundred; " in article IT, strike
out in first line " twenty " and insert " one hundred; " in
article 18, in the 1st line insert the word "public" before .
"billiard table," strike out the words "seventy-five" and
insert "one hundred," and add to the section the words
" on every private billiard table a tax not exceeding
twenty-five dollars;" in article 19, 1st line, strike out
" fifty " and insert " one hundred," in the last line strike
out "thirty" and insert "fifty;" in article 21, strike out
" fifty " and insert "five hundred; " in article 22, strike out
" twenty " and insert " two hundred ;" in article 23, strike
out "ten" and insert "fifty;" in article 26, after the first
words " on every" insert " hacks or," and strike out
" fifteen " and insert " fifty," and strike out " twenty-five "
and insert " one hundred;" in article 27, after the first
words " on every dray " insert or " express wagon," after
the words " one or two" insert " or more," strike out
"twenty-five dollars" and the words following in the
article and insert " one hundred dollars." Section 36, in 0f sectiou 3S-
20th line, after the words " action of debt" add " before
the mayor or." Section 42, strike out all after the words or section *2.
" said town" in the section and add" or use the
county gaol."
Sec. 2. Be it further enacted, That in numbering the
sections and lines as amended herein, reference shall be had
to the copy of charter printed by the town of Charlotte in
the year 1861. [Ratified the %&th day of May, 1861.
TURNPIKES.
AN act to authorize the buncombe turnpike company to Chap. 21.
increase their rates of toll.
Section 1. Be it enacted by the General Assembly of the Rates of toil.
State of North- Carolina, and it is hereby enacted by the au-
tfiority of the same, That the " Buncombe Turnpike Com-
26
1864. Chap. 21—22—23.
pany" have power and authority to charge double the
rates of toll on the turnpike road leading from Saluda Gap
in Buncombe county by way of Smith's, Murraysville,
Asheville and the Warm Springs to the Tennessee line,
which they are authorized to charge by the seventh section
of the act passed by the General Assembly in 1824, incor-
Proviso. porating said company: Provided, nevertheless, That the
General Assembly retains the right to hereafter reduce the
rates of toll on said road to any sum not less than that
authorized by the seventh section of the act aforesaid.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of Mayj 1864.]
Chap. 22. an act fob the better regulation of the western turnpike
road.
Tollgt Section 1. Be it enacted by the General Assembly of the
State of North-Carolina, and it is hereby enacted by ths
authority of the same, That any one traveling upon the
Western Turnpike Road shall be required to pay toll at
Proriuo. every gate that may be passed upon said road: Provided,
That no one shall be required to pay toll at any gate in his
own county or within ten miles of his residence.
Sec. 2. Be it further enacted, That all laws contrary to
the intent and meaning of the foregoing section be and
the same are hereby repealed. [Ratified the 28th day of
May, 1864.]
SHERIFFS.
Chap. 23. an act in favor of john a. long.
Arrearage* 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 John A. Long, sheriff of the
county of Richmond, shall have full power and authority
to collect arrears of taxes in the county of Richmond until
August, 1865. [Ratified the 2§th day of May, 1864.]
1864. Chap. 24—25.
27
an act to authorize the securities op lewis williamson, Chop, 24.
late sheriff of columbus county, to collect arrears
of taxes.
Section 1. Be it enacted by the General Assembly of the Arrearage® ef
State of North-Carolina, and it is h&reby enacted by the taxe*'
authority of the sdme, That the sureties of Lewis William¬
son, late sheriff of Columbus county, be and they are
hereby authorized and empowered to collect all arrears of
taxes due said sheriff, which collection shall be made under
the same rules and regulations and restrictions as other
collection of taxes by virtue of the laws of this State:
Provided, That the authority by this act granted shall not Pr0Ti*°-
extend to persons who have removed from the county, or
. to personal representatives, nor to any person who will
make oath 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¬
ity hereby granted shall cease and determine with the
vear 1864.
Sec. 3. Be it further^ehacted, That this act shall be in
force from and after its ratification. [Ratified the 28th
day of May, 1864.]
MISCELLANEOUS.
an act to incorporate the cape fear lodge a. y. masons, Chap. 25.
no. 194, located in elizabethtown, bladen county.
Section 1. Be it enacted by the General Assembly of the Bodj corper-
State of North-Carolina, a/nd it is hereby enacted by the at6,
authority of the same, That the masters and wardens, which
at present are, or in future may be, of Cape Fear Lodge,
No. 194, in Elizabethtown, Bladen county, are hereby con¬
stituted and declared to be a body corporate, under the
name and style of Cape Fear Lodge, and by such name
shall have a common seal, may sue and be sued, plead and
be impleaded, acquire and transfer property, and pass all
such by-laws and regulations as shall not be inconsistent
with the laws of the State or Confederate States. [Ratified
the 26th day of May, 1864.]
1 $64.—-Chap. 26—27.
QKa/p. 26. ah Aor to incorporate st. John's lodge, at kinston, in the
county op lenoir.
Body torpor- Section 1. Be it enacted by the General Assemby of the
State of North-Carolina, and it is hereby enacted by the
authority of the same, That the master, -wardens and mem¬
bers of the Sf. John's Lodge, No. 96, of free and accepted
masons, at Kinston, in the county of Lenoir, be and they
are hereby constituted a body politic and corporate, by the
name and style of the " St. John's Lodge, No. 96, free and
accepted masons," and by that name shall have perpetual
succession,'may sue and be sued, plead and be impleaded,
have a common seal, and in general exercise and enjoy all
such rights and privileges, 'as are usually incident to cor¬
porate bodies of the like nature.
Sec. 2. Be it further enacted, This act shall be in fall
forceoand eflect from and after its ratification. [.Ratified
the 28th day of May, 1864.]
Chap. 27. an act to incorporate the trustees of the general assemf
bly of the presbyterian church in the confederate
states of america.
Body poiitia Section 1. Be it enacted by the General Assembly of the
State of North-Carolina, cmd it is hereby enacted by the
authority of the same, That Thomas 0. Perrin, Rev. B. M.
Palmer, D. D., Samuel McCorke, Joseph H. Wilson, Jesse
H. Lindsay, Robert Adger, J". A. Ansley, J. A. Crawford,
James B. Walker, J. A. Anglis, John Whiting, R. M.
Patton, Rev. George Howe, D. D., Rev. J. L. Kirkpatrick,
D. D., and Wm. L. Mitchell, and their successors, duly
chosen in manner as herein directed, be and they are
hereby constituted a body politic and corporate, by name
and style of " The Trustees of the General Assembly of the
Presbyterian Church in the Confederate States of Amer-
Powcm ica," and by the name and style aforesaid shall be able and
capable to take and hold all such estate, property and
effects as may be acquired by gift, purchase, devise or
bequest, to aid and enable the said General Assembly of the
1&64.—^-Osap. 27.
29
Pesbyterian Church to undertake and carry on the work of
christian education, of foreign arid domestic missions, of
of the publication of such books, tracts and papers as are
connected with the diffusion of religious literature and
learning, and of building up and supporting churches of
their faith and Worship in the Confederate States aforesaid,
arid all the said estate, property and effects that shall be
acquired by the said trustees and their successors at any
time, shall be held, used and disposed of according to the
directions of the general assembly aforesaid.
Sec. 2. Be it further enctcted, The said trustees and their Seal, by-fewe,
successors shall have and use a common seal and alter the &0"
same at pleasure, and by the name aforesaid may sue and
be sued, plead and be impleaded, and they are hereby
authorized to make all by-laws and ordinances, prescribe
the duties and qualifications of their officers, elect such
officers as are necessary, and to do any thing proper or
incident to the due government and support of the corpor¬
ation, and for the managing of the funds and revenues
thereof: Provided, Such by-laws, ordinances or act^ done, Proviso,
shall not be repugnant to the constitution of the Confede¬
rate* States or this State or of any direction of the said
general assembly.
Sec. 3. Be it further enacted, The said corporation shall quorusa.
consist of fifteen persons, unless the said general assembly
shall at some future time change that number, five of whom
shall be sufficient for the transaction of any business, and
as vacancies may occur the said general assembly at their
pleasure may fill the same.
Sec. £. Beit further enacted, The said general assembly boards?*
shall establish any committees, boards or agencies for any ciea, &<w
of the purposes recited in section first, the same shall be
held and deemed to be branches of this incorporation, and
if any gift, grant, sale, devise or bequest shall be made to
the " Trustees of the General Assembly by the Presbyterian
Church in the Confederate States of America " for the use
of such committees, boards or agencies, the same shall be
good and effectual to pass to such objects whenever the
donor, grantor, bargainor, or testator shall name the afore¬
said corporation in general terms.
so
1864. Chap. 27—28—29.
Bcai estate- Sec. 5. Be it further enacted, The said corporation may
alienate any real estate owned by them for any of the
trusts aforesaid, and the conveyance shall be executed by
the president, with the seal attached and be attested by
a witness.
meatings. Sec. 6. Be it further enacted, The first meeting of the
persons named in this act as corporators shall be in the
town of Charlotte, and for the due administration of jus¬
tice, alter this charter is accepted process may be served
on any officer of the said corporation or any one of the
said trustees.
restricting Sec. 7. Be it further enacted, That the general assembly
reserves the right to amend the charter hereby granted, by
restricting or enlarging its privileges.
Sec. 8. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the %0th day
of May, 1864.]
clause.
Chap. 28. A1* act t0 legalize the proceedings of the county court
of davie in laying taxes for the year 1864.
Proceedings of Section 1. Be it enacted by the General Assembly of the
court legalized. ]tforth-Carolina, and it is hereby enacted by the
authority of the same, That the proceeings of the justices
of the county of Davie, in laying the county taxes at the
court hoiise in Mocksville on the 16th day of May, 1864,
be and the same are hereby in all things declared tegal and
valid, and shall have the same validity in all respects as if
laid at the regular March term as required by law.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the %6th day
of May, 1864.]
Chop. 29. an act to legalize certain acts of the county court of
madison county.
Preamble. Whereas, On account of the disturbances existing in
Madison county, rendering it unsafe for the county court
of said county to convene at the court house in Marshall;
1864. CHAP 29—30.
31
and whereas, the court aforesaid did meet in extra session
at the residence of T. S. Deaver in the county aforesaid
on the 23rd day of April, A. D. 1864, and did there and
then transact business necessary to be done in court;
therefore,
Section- 1. Be it enacted by the General Assembly of the Acts and judi-
State of North Carolina, and it is hereby enacted by the ingS legalized!
authority of the same, That all acts and judicial proceed¬
ings entered upon record by the" court aforesaid so holden
in extra session be and they are hereby confirmed
and legalized.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified on the 28th
day of May, 1864.]
an act to incorporate the trustees of the soldiers' female Chap. 30.
orphan home in the county of for8yth.
Section 1. Be it enacted by the General Assembly of the Body politic.
State of North-Carolina, and it is hereby enacted by the
authority of the same, That B. G. Worth, of the town of
Wilmington ; H. B. Eiler, of the same ; Thomas H. Holt,
Dr. X. Watson and Rev. E. W. Beal, of the county of Ala¬
mance ; Burton Craig, Esq., of the town of Salisbury ; Jno.
G. Clapp, M. S. Sherwood, Esq., Dr. W. A. Coble and Rev.
J. D. Shecb, of the county of Guilford ; Jacob Conell and
Rev. L. D. Grossclose, of the county of Rowan; R. C.
Puryear, of the county of Yadkin; John J. Conrad, of the
same ; Alexander Swicegood and Rev. John Swicegood, of
the county of Davidson ; Rev. W. Wright, of the county
of Forsyth ; and A. J. Fox, of the county of Lincoln, be
.and they are hereby declared to be a body politic and cor¬
porate, to be known and designated by the name and stylo
of the "Trustees of the Soldiers'Female Orphan Home,"
and by that name shall have perpetual succession, and so Power*,
continue for the term of ninety-nine years; that they shall
have a common seal, and that the said trustees or a majority
of them, shall be able and capable in law to receive and
32
1864. Chap. 30.
possess all moneys, goods and chattels, choses in action, land
and tenements and rents, as shall be given or conveyed to
them, by deed, gift, devise or otherwise, in special trust
and confidence; that the ;same shall be held, enjoyed and
used by them, for the sole use, behalf and benefit of the
Soldiers' Female Orphan Homo aforesaid.
Real estate. Sec. 2. Be it further enacted, That the said trustees and
their successors or a majority of them, shall have full power
to bargain and sell, grant, demise and convey to the pur¬
chaser or purchasers, any such lands and tenements and
rents, goods and chattels aforesaid ; and further, that they,
the trustees aforesaid, aud their successors, or a majority of
them, shall have power to sue and be sued, plead and be
impleaded, in all courts whatsoever, either at Jaw or in
equity of record or otherwise.
Boar<j or trns- Seo. 3. Be itfwther enacted, That the board of trustees
aforesaid, two-thirds of their number concurring, shall have
power to remove any of said trustees for incompetency,
neglect of duty, or other sufficient cause, and to fill all
Vacancies. vacancies so created, as also such vacancies as may be
caused by death or removal from the State, a majority of
such trustees being present and voting at any such election.
Duties of said Sec. 4. Be it further enacted, That the said trustees shall
have power to erect all suitable and necessary buildings,
and to employ all such competent teachers, professors and
matrons, as they may deem necessary and expedient in
order to impart to the pupils of the aforesaid Soldiers'
Orphan Home a good and useful English education, and to
impart to them a competent knowledge in those branches
of domestic economy, which will qualify them to become
useful members of female society; and they shall have
power from time to time, by concurrence of a majority, to
make all such rales and regulations and to adopt all. such
by-laws as they may deem expedient, for the government
Proviso. of themselves and the said institution : Provided\ The same
shall not be in conflict with the constitution and laws of
this State.
a icon nt of Sec. 5. Beit further enacted, That the whole amount of
' ' real estate held by the said trustees at any one time shall
not exceed three hundred acres, and the whole value of
1864:. Chap. SO—31——32,
33
property, held by them at any one time, both real and
personal, shall not exceed two hundred thousand dollars.
Sec. 6. Be it further enacted^ That this act shall go into
operation from and after its ratification. [Ratified the 25th
day of May, 1864.]
an act to legalize the sale of the public jail and lot in Chap. 31.
the town of wilkesboeough.
Section 1. Be it enacted by the General Assembly of the Sai« and con-
State of North-Carolina, and it is hereby enacted by the au- veyance*
thority of the same, That the sale and conveyance of the
lot of ground on which the old jail was located in the town
of Wilkesborough, in Wilkes county, made by R. F. Petty,
A. L. Rosseau and Augustine Finley, commissioners, be
and the same is in all respects confirmed and legalized.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ealified the 28th day
of May> 1864.]
an act to p he vent obstructions in the big swamp by means qhap 33
.of fish traps.
Section 1. Be it enacted by the General Assembly of the obstructions in
State of North- Carolina, and it is hereby enacted by the au- mam channel-
thority of the same, That it shall not be lawful for any
person to obstruct the main channel of the Big Swamp, by
means of Fish traps, in the county of Robeson, between
sunrise on Monday morning and sunset on Thursday even¬
ing next ensuing in each and every week.
Sec. 2. Be it further enactedThat any person violating Violation and
the provisions of this act shall forfeit and pay the sum of Penalty»
one hundred dollars, to be recovered by any person who
will sue for the same, in any court of competent jurisdic¬
tion, one half to the use of the informer and the other to
the use of the county in which suit shall be brought.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28th day
of May, 1864.]
5
34
1864. CHAP. 33—34.
Chap. 33. AN ACT IN RELATION TO GUARDIANS AND WARDS* IN TRANSYL¬
VANIA COUNTY.
Guardians ap- Section 1. Be it enacted by the General Assembly of the
nDtte0d forma- State of North-Carolina, and it is hereby enacted by the au-
tion of Trausyi- thority of the same. That when a guardian of the person or
Tama county. J •* 1 ° r
property of any ward, said ward or his estate living or
being within the territorial limits of the county of Transyl¬
vania, was appointed by the court of pleas and quarter
sessions of either Henderson or Jackson county, previous
to the foundation of the county of Transylvania, and where
such guardian shall not have made final settlement of his
ward's estate, the clerk of the court where such guardian
was appointed shall transfer to the clerk of the court of
pleas and quarter sessions of Transylvania county the bond
of the guardian, his account of the estate of his ward, his
annual account and state of the profits and disbursements
of his ward's estate, and all other papers relating thereto
together with a copy of the records} of the court, making
such appointment with his certificate and seal of office.
Duties of coun- Sec. 2. Be it further enacted, That the clerk of the court
ty court clerk. 0f p]eas and quarter sessions of Transylvania county, shall,.
upon the transfer of said papers, treat and dispose of them
in all respects in the same manner ; and the rights, duties
and liabilities of the guardian, ward, and all others shall
be the same as if the guardianship had been originally
conferred by the court of Transylvania county.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 28ih day
of May, 1864.]
Chap. 34. an act to authorize the justices of caswell county to
regulate the cleaning out of moon's creek in said
county.
Fere:) justices Section 1. Be it enacted by the General Assembly of the
the ci'eiuiing-6 State of North-Catolina, and it is hereby enacted by the
crvek.uf Ba'd authority of the same, That the justices of the court of pleas
and quarter sessions of Caswell county, seven justices being
} 8^4. Cha*. S4-&. 35
oil the bench, the first conrt which shall be held after the
first Monday in Jane in each and every year, shall lay off,
in convenient districts, all the inhabitants in said county
residing or owning lands on the said creek in said county,
within such distance of said creek as said justices may
designate, and for each district so laid off, the said justices
shall appoint seme suitable person as overseer, who shall
cause the said stream to be kept free from all obstructions
in his district, and for that purpose he shall have power
and is hereby required to cause all persons within the dis¬
trict allowed to him, liable to work on public roads, to work
at least six days in every year on the said creek, during
Which time he shall employ said hands in removing ail
logs, brush, sand and other obstructions to said creek.
SeC. 2. Be it further enacted, That if any person appointed Overseers.,
an overseer on said creek, by virtue of said provisions of
this act, shall fail or refuse to discharge his duty as such, he
shall be guilty of a misdemeanor, and any person liable to
work as aforesaid or to send hands who shall fail or refuse
to do so, after being duly warned as hands are for working
roads, to appear, bring and work with such tools as the
overseer shall direct, shall pay for each day five dollars,
to be recovered and applied as for failing to work on
public roads.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 23th day
of May, 1864.]
AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO AUTHORIZE 35.
FOUR JUSTICES OF THE PEACE OF CARTERET AND CRAVEN
COUNTIES TO APPOINT A COMMISSIONER AND FOR OTHER
PURPOSES," RATIFIED DECEMBER 14TH, 1863.
Section 1. Be it enacted by the General Assembly of the Three justices
State of North-Carolina, and it is hereby enacted by the au- commissioner^
thority of the same, That it shall be lawful for any three &c"
justices of the peace, for the county of Carteret, to meet at
any place which they may select, and to do all acts which
four justices may now do by virtue of an act entitled "An
36
1864. Chap. 35—36—37.
act to authorize four justices of the peace of Carteret and
Craven counties to appoint a commissioner and for other
purposes," ratified December 14th, 1863.
Sec. 2. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 21 st day
of May, 1864.]
Chap. 36. ait act to authorize the county court of watauga county
to sell the old gaol in the town of boone.
Authorizes the Section 1. Be it enacted by the General Assembly of the
sale of old goal. State of North- Carolina, and it is hereby enactedby the au¬
thority of the same, That from and after the ratification of
this act, the court of pleas and quarter sessions for the
county of Watauga, a majority of the justices being present,
shall have full power and authority, at any time in their
discretion to order the commissioner of public buildings,
after his giving ten days' notice by advertising at three or
more public places within the county, to expose to public
sale the remains of the old gaol, in the town of Boone, upon
whatever conditions the court may direct, including orreser-
ving that portion of the lot on which it is situated; and the
chairman of the court aforesaid shall execute to the pur¬
chaser all necessary transfer as is prescribed by law.
Proceeds Sec. 2. Be it further enacted, That the proceeds of said
sale shall be appropriated as other county revenues.
Sec. 3. Be it further enacted, That this act shall be in
force from and after its ratification. [Ratified the 26th day
of May. 1864.]
Chap. 37. an act to allow Alexander j. hood, late tax collector
of the county of mecklenburg, further time to col¬
lect taxes.
arrearages of Section 1. Be it enacted by the General Assembly cf the
ti,xe8- State of North* Carolina, and it is hereby enacted by the
authority of the same, That Alexander J. Hood, late tax
collector for the county of Mecklenburg, he allowed fur-
1864. Chap. 37.
37
ther time of one year to collect all taxes which may be
owing to him for the year 1863, and for that purpose he
may have and exercise all the power which he had as such
tax collector.
Sec. 2. Be it further enacted, That this act shall take
effect from and after its ratification. [Ratified the 26th
day of May, 1864.]
RESOLUTIONS
OF A PRIVATE NATURE, PASSED BY THE
GENERAL ASSEMBLY
OF
NORTH-CAROLINA,
AT ITS
ADJOURNED SESSION 1864.
RESOLUTION EXTENDING TIME TO THE SURETIES ON THE OFFICIAL
BOND OF W. T. J. VANN, LATE SHERIFF, TO COLLECT TAXES.
Ai i o w s t wo -Resolved, That Samuel K. Bunting, administrator of Wm.
years. g* J. Vann, dee'd, late sheriff of New-Hanover county, and
the sureties .to the official bond of the said Wm. T. J. Yann,
late sheriff, as aforesaid, be authorized to collect, and be
allowed two years in which to collect all arrearages of
Pro visa taxes due the said late sheriff: Provided, The authority
k hereby given shall not extend to persons who may have
removed from the county, nor to executors or administra¬
tor's nor to any one who shall make oath that the arrears
claimed from him or her have been paid. [Ratified iht
21 st day of Mayy 1864.]
1864.——-Resolutions.
39
resolution of thanks to mat. gen. hoke, brig. gen. ransom
and commander cooke.
Resolved^ That the thanks of the General Assembly be Tender ®f
and they are hereby tendered to General Robert F. Hoke,thank8.
Brigadier General. M. W. Ransom and to commander James
N. Cooke, and to the brave officers and men under their
respective commands, for the signal gallantry and heroism
of their conduct, resulting in the recapture of the, towns of
Plymouth and Washington, and in the deliverance of so
large a part of our State from the possession of a hateful
and brutal enemy.
Resolved, That a copy of the above resolution be trans- a copy to be
mitted by his Excellency, the Governor, to Gen. Hoke,transmitted"
Brig. Gen. Ransom and to commander Cooke, with a
request that they may be made known to the officers and
men under their commands, in such mode as may express
the grateful feelings of the General Assembly. [Ratified
the 25th day of May, 1864.]
resolution in favor of j. c. griffith, sheriff of caswell
county.
Whereas, The sheriff of Caswell county, J. C, Griffith, Preamble,
at the instance of the Public Treasurer, in the month of
March last, made a trip to Raleigh at an expense of fifty
dollars, and paid into the treasury money in his hands due
the State for taxes on collateral descents, &c., to the
amount of $4,852.55, which taxes he was not required by
law to pay into the treasury prior td the first day of October
next, for which trip the Treasurer is not authorized to pay
Said sheriff mileage or per diem compensation, by reason
of which payment said sum can be embraced in the certifi¬
cate of the Governor, to be made under the twelfth section
of the currency act of Congress, ratified on the 17th day of
February lastTherefore,
Resolved, That the Public Treasurer pay said Griffith fifty payS $50.
dollars out of any money in the treasury not otherwise
appropriated. [.Ratified the 25th day of May, 1864.]
40
1864. Resolutions.
EE solution in favor of the sureties of J. C. smith, LATE
sheriff of alexander county.
Arreats of Resolved, That the sureties of J. 0. Smith, late sheriff of
taxes. , 1
Alexander county, be authorized to collect any arrearage
Proviso. of taxes due him: Provided, That nothing herein con¬
tained shall be construed to extend to any person who will
make oath that they have paid the same. [Ratified the
%$th day of May, 1864.]
resolution concerning the listing and collection of taxes
in watauga county.
Preamble. "Whereas, It appears that the taxable property in the
county of Watauga was not listed according to law during
the last twenty working days in April, 1864, for State and
county taxes by reason of no tax list blanks having been
received for that purpose in said county :
Duties of jus- Be it, therefore, resolved, That it shall be the duty of the
taker"tax h8t justices or tax list takers in the county of Watauga, to take
the tax lists in said county during the month of June, 1864,
and return the same to the clerk of the county court on or
before the first day of July next ensuing; and it shall be
the duty of the clerk of the county court of the said county
to make out the taxes for State and county purposes on the
property returned to his office by the tax list takers, and
deliver the same to the sheriff of said county on or before
the first day of August ensuing; and it shall also be the
duty of the clerk of the county court to return to the
Comptroller an abstract of said taxes on or before tke first
day of September, 1864.
Duty of the Resolved,further, That it shall be the duty of the sheriff
of said county to settle with the Comptroller and pay into
the public treasury the taxes due the State from said
county, on or before the first day of November, 1864,
under the same forfeitures as now prescribed by law.
[.Ratified the 26th day of May, 1864.]
1864. Resolutions*
41
resolution in fay ok of h. b. deavek, late tax collectob
foe the county of madison.
Resolved, That H. B. Deavet, late tax collector for Arrears of
county of Madison, be authorized to collect arrearages oftaxe8'
taxes due him for the years 1861, i863 and 1864. [Ratified
the 26th day of May, 1864.]
kesolution in favok of dbuey king.
Resolved, That the Public Treasurer pay to Drury King, Pfty3
for arranging the two halls at the present session, thirty
dollars, and thftt he be allowed the same in the settlement,
of his public accounts. [Ratified the 28th day of Mayv
1864.]
resolution in befeeence to the messenger in the executive
depaetment.
Resolved, That the messenger in the Executive office be Purchase of
allowed to purchase clothing from the quartermasters clotbins-
department for himself at the usual government prices.
[Ratified the 28th day of May, 1864.]
resolution in favoe of alexander smith, of transylvania
county.
Resolved, That Alexander Smith, of Transylvania county, Released from
be excused from the payment of the State and county tax fa,864.
taxes on his personal property for the year 1864, when he
produces proof of the payment of taxes on the same to the
State of Tennessee for the year 1864. [Ratified the 28th
day of May> 1864.]
42
1864.-——Resolutions.
resolution in payor op alexander houston.
Ptyi finoo Resolved, That the Treasurer of the State pay unto Alex¬
ander Houston, of the county of Madison, one hundred and
fourteen dollars, which sum of money has been overpaid as
taxes due the State. [Ratified the 28th day of May, 1864.]
RESOLUTION IN FAVOR OF THOMAS J. KENNEDY.
Pays 170.60 Resolved, That the Public Treasurer pay to Thomas J.
Kennedy the sum of seventy dollars and sixty cents, it
being the amount of public taxes paid by him to the sheriff
of,Davidson county, and also to the sheriff of Lenoir
county, upon the same slaves, and by them paid into the
1 Treasury. [Ratified the 28th day of May, 1864.]
RESOLUTION IN FAVOR OF WALTER A. THOMPSON.
Allows neces- Resolved, That the Public Treasurer be and is hereby
aa'state*agent authorized to pay to Walter A. Thompson, upon the warrant
of the Auditor of public accounts, such expenses as he
may have necessarily incurred or may necessarily incur in
future, as agent for the State in transporting provisions,
clothing, &c., to the army of Northern Virginia. [Ratified
the 28th day of May, 1864.]
STATE OF NORTH-O AEOLINA, )
Office of Secretary of State, >
June 252A, 1864.)
I, John P. H. Euss, Secretary of State in and for tlie State of
North-Carolina, do hereby certify that the foregoing are true copies of
the original Acts and Resolutions on file in this office. Given under
my hand, this 25th day of June, 1864.
JOHN P. H. EUSS,
Secretary of State.
INDEX
TO
PUBLIC LAWS,
ADJOUBNED SESSION, 1364.
PAWL
ASYLUMS—
An act concerning the N. 0. Institution for the Deaf and
Dumb and the Blind, 3
AUDITOR OF PUBLIC ACCOUNTS—
An act amendatory of an act passed at the 1st session of the
Legislature, 1862-'63, establishing the office of Auditor of
Public Accounts, ...' 4
CATTLE—
An act to protect cattle, .............. 4
COMMON SCHOOLS— v
An act to authorize Chairmen of the Boards of Superin¬
tendents of Common Schools who have invested funds in
their hands in Confederate bonds, to sell the same, and
distribute the proceeds, Ac., 5
COURTS—
An an act to amend an u An act to restore the Courts, and
for other purposes," 6
An act transferring causes in Equity depending in the Courts
of certain counties, '. 6
An act to provide for holding extra terms of the Supreme
Court, 7
An act to alter the time of holding the Superior Courts of -
Law and Equity in the 6th judicial circuit, 7„
DISTILLATION OF SPIRITUOUS LIQUORS—
An act to amend an act prohibiting the distillation of spir¬
ituous liquors, 8
ELECTIONS-
AO act to extend the time for comparing the polls for cer¬
tain counties, and for other purposes, g
HABEAS CORPUS—
An act more effectually to secure the benefits of the writ of
habeas corpus, and to prevent citizens in civil life from
being removed beyond the limits of the State, 10
INDEX TO PUBLIC LAWS. H
PAG3.
LANDLORDS— Session 1864.
An act amendatory of "xln act for the relief of landords," 11
MILITARY APPROPRIATIONS—
An ac* cc appropriate money for the military establishment
of the State, 12
An act to amend an act making appropriation for the mili¬
tary establishment of the State, 12
REVENUE—
An aci in reference to the payment of taxes,.... 13
An act to authorize the Justices of any county to meet in
special term to levy taxes, 14
An act in reference to exemption from taxes, 14
An act to provide ways and means for the supply of the
Treasury, 15
An act to amend an act entitled "Revenue," 15
SALARIES AND FEES—
An act amendatory of "An act in relation to salaries and fees," 16
SOLDIERS—
An act for the relief of the wives and families of soldier^ in
the army, . 18
An act to authorize the Governor to appoint a Commissioner
for the benefit of the representatives of deceased soldiers, 18
MISCELLANEOUS-
AO act torepeal an act ratified 20th Sept., 1861, concerning
winter clothing for our troops, 18
An act concerning thq per diem and mileage of the members
of the General Assembly, during its present session, 19
RESOLUTIONS—
In reference to a basis of peace, 20
Respecting the national administration, and the proper au¬
thorities to conduct negotiations for peace with the enemy, 21
Concerning the acts of Congress, 21
Concerning the North-Carolina wounded, 22
In reference to Public Treasurer, 22
Concerning the importation of goods by the State, 22
In reference to "Mallett's Battalion," 23
Concerning certain acts of the late C. S. Congress, 23
In relation to Governor Vance, 25
In favor of harmony and co operation, 25
Exempting State and other officers from conscription, 26
Of thanks to the officers and soldiers of North-Carolina, 2fi
To be laid before Congress in reference to the rights of
North-Carolina in the importation of goods, 27
In reference to the Public Treasurer, 28
Authorizing the distribution of the Revised Code of the
State among the Justices of the Peace, who have not been
supplied, 28
In favor of the Washington Sufferers, 29
In relation to public printer, 29
In relation to the acts regulating the salaries of the circuit
judges, 29
In relation to the judges, Gov. Vance and the matter of T.
P. Napier, 80
In favor of the speakers, clerks and door keepers, 30
To appropiiate money for the premises around the Governor's
residence, 30
In relation to the judges of the supreme and superior courts, 81
INDEX '
TO
PRIVATE LAWS,
ADJOURNED SESSION, 1864.
PAGB.
ACADEMIES—
An act to incorporate the Fayetteville Military Academy,.. 3
An act incorporating the Yanceyville Female Seminary,.... 4
BANKS—
An act to amend "An act to extend the charter of the Bank
of the State of North-Carolina for certain purposes,".... 5
FISH—
An act concerning the free passage of Fish in Neuse river,.. 5
IMPORTING ,AND EXPORTING COMPANIES—
An act incorporating the Cape Fear Importing and Exporting
Company, . . Q
MINING AND MANUFACTURING COMPANIES—
An act incorporating the Cross Creek Manufacturing Com¬
pany, I 8
An act incorporating the Fayetteville Mill Manufacturing
Company, 9
An act amendatory of charter of Beaver Creek Manufactur¬
ing Company, 10
An act incorporating the Mecklenburg Iron and Steel Com¬
pany, . . . 10
An act to amend the charter of the Lockville Mining and
Manufacturing Company, 13
PLANKROADS—
An act in regard to tolls on the "Western Plankroad 13
RAILROADS—
An act to amend the charter of the Fayetteville and Florence
Railroad Company,.... 14
An act incorporating the Plaster Banks' and Salt Works'
Railroad Company, 15
An act to amend " An act to charter the Shelby and Broad
River Railroad Company," 18
INDEX TO PRIVATE LAWS.
II
PAG*.
ROADS— Sessioa 1SG4.
An act to amend 41 An act for the improvement of roads in
the counties of Henderson, Buncombe, Madison and
Yancey," 18
TOLL BRIDGES—
An act to amend an act authorizing the erection of a toll
bride over the Catawba river, between the towns of Newton
and Lenoir, 19
An act incorporating the Island Ford Toll Bridge Company, > 19
TOWNS—
An act to enlarge the powers of the Commissioners of the
town of Wilmington, 21
An act to enlarge the powers of the Mayor and Commis¬
sioners of the town of Fayetteville, 22
An act to amend the charter of the town of Charlotte, 23
TURNPIKES—
An act authorizing the Buncombe Turnpike Company to
increase the rate of toll, 25
An act for the better regulation of the Western Turnpike
road, . 23
SHERIFFS—
An act in favor of John A. Long,. 26
An act to authorize the securities of ,Lewis Williamson, late
sheriff of Cumberland county, to collect arrears of taxes, 27
MISCELLANEOUS—
An act to incorporate the Cape Fear Lodge A. Y. Masons,
No. 194, located in Elizabethtown, Bladen county, 27
An act to incorporate St. John's Lodge, at Kinston, in the
county of Lenoir, 28
An act to incorporate the trustees of the General Assembly
. of the Presbyterian Church in the Confederate States,.... 28
An act to authorize the proceedings of the County Court of '
Davie, in laying taxes for 1864, 30
An act to legalize certain acts of the County Court of Mad¬
ison county, 30
An act to incorporate the Trustees of the Soldiers' Female
Orphan Home, in the county of Forsyth, 31
An act to legalize the sale of the public gaol and lot in the
town of Wilkesborough, 33
An act to prevent obstructions in the big swamp by means
of fish traps, - 33
An act in relation to guardians and wards in Transylvania
county, 34
^.n act to authorize the justices of Caswell county to regu¬
late the cleaning out of Moon's creek in said county, 34
IV
INDEX TO PRIVATE LAWS.
PAG?.
An act to amend "An act to authorize four justices of the
peace of Carteret and Craven counties to appoint a Com¬
missioner and for other purposes," 35
An act to authorize the County Court of Watauga county
to sell the old gaol ia the town of Boone, 25
An act to allow Alexander J. Hood, late tax collector of
Mecklenburg, further time to collect tyxes, 36
RESOLUTIONS-^-
Extending further time to the sureties on the bond of W. T.
J. Vann, late sheriff, to collect taxes .. 38
Of thanks to Maj. Gen. Hoke, Brig. Gen. Ransom and com¬
mander Cooke, 39
In favor of J. C. Griffith, 39
In favor of the sureties of J. C. Smith, 40
Concerning the listing and collection of taxes in Watauga
6ounty, 40
In favor of H. B. Deaver, 41
In favor of Drury King,
In reference to messenger in Executive office, ,. 41
In favor of Alexander Smith, 41
In favor of Alexander Houston, # 42
In favor of Thomas J. Kennedy, 42
Jn favor of W. A. Thompson 43